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Case-law
Court of Justice
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December 2011
Case C-250/08. Commission v Belgium
Failure of a Member State to fulfil obligations - Free movement of persons - Purchase of immovable property intended as a new principal residence - Calculation of a tax advantage - Registration duties - Cohesion of the tax system.
Language of the case: Dutch
Case C-253/09. Commission v Hungary
Failure of a Member State to fulfil obligations - Freedom of movement for persons - Freedom of establishment - Purchase of property for use as a new principal residence - Establishing the basis of assessment for the tax levied on the purchase of real property - Deduction of the value of the residence sold from the value of the residence purchased - Exclusion of that deduction if the property sold is not situated within the national territory.
Language of the case: Hungarian
Joined cases C-446/09 and C-495/09. Philips and Nokia v Lucheng Meijing Industrial and Others
Common commercial policy - Combating the entry into the European Union of counterfeit and pirated goods - Regulations (EC) No 3295/94 and No 1383/2003 - Customs warehousing and external transit of goods from non-member States which constitute imitations or copies of goods protected in the European Union by intellectual property rights - Action by the authorities of the Member States - Conditions.
References for a preliminary ruling: Rechtbank van eerste aanleg te Antwerpen - Belgium (C-446/09) and Court of Appeal (England & Wales) (Civil Division) - United Kingdom (C-495/09).
Languages of the case: Dutch and English
Case C-79/10. Systeme Helmholz v Hauptzollamt Nürnberg
Directive 2003/96/EC - Taxation of energy products and electricity - Article 14(1)(b) - Exemption of energy products used as fuel for the purpose of air navigation - Use of an aircraft for other than commercial purposes - Scope.
Reference for a preliminary ruling: Bundesfinanzhof - Germany.
Language of the case: German
Case C-145/10. Painer v Standard Verlags and Others
Jurisdiction in civil matters - Regulation (EC) No 44/2001 - Article 6(1) - More than one defendant - Directive 93/98/EEC - Article 6 - Protection of photographs - Directive 2001/29/EC - Article 2 - Reproduction - Use of a portrait photograph as a template to establish a photo-fit - Article 5(3)(d) - Exceptions and limitations as regards quotations - Article 5(3)(e) - Exceptions and limitations for the purposes of public security - Article 5(5).
Reference for a preliminary ruling: Handelsgericht Wien - Austria.
Language of the case: German
Case C-442/10. Churchill Insurance Company and Evans v Wilkinson and Equity Claims Limited
Compulsory insurance against civil liability in respect of the use of motor vehicles - Directive 84/5/EEC -Article 1(4) and Article 2(1) - Third parties victims of an accident - Express or implied authorisation to drive - Directive 90/232/EEC - First subparagraph of Article 1 - Directive 2009/103/EC - Articles 10, 12(1) and 13(1) - Victim of a road traffic accident who was a passenger in a vehicle in respect of which he was insured to drive - Vehicle driven by a person not insured under the insurance policy - Insured victim not deprived of insurance cover.
Reference for a preliminary ruling: Court of Appeal (England & Wales) (Civil Division) - United Kingdom.
Language of the case: English
Case C-492/10. Immobilien Linz v Finanzamt Freistadt Rohrbach Urfahr
Taxation - Directive 69/335/EEC - Indirect taxes - Raising of capital - Article 4(2)(b) - Transactions subject to capital duty - Increase in the assets of a company - Contribution made by a member - Absorption of losses by virtue of an undertaking given before the losses were sustained.
Reference for a preliminary ruling: Unabhängiger Finanzsenat, Außenstelle Linz - Austria.
Language of the case: German
Case C-329/11. Achughbabian v Préfet du Val-de-Marne
Area of freedom, security and justice - Directive 2008/115/EC - Common standards and procedures for returning illegally staying third-country nationals - National legislation making provision, in the event of illegal staying, for a sentence of imprisonment and a fine.
Reference for a preliminary ruling: Cour d'appel de Paris - France.
Language of the case: French
Case C-371/08. Ziebell v Land Baden-Württemberg
EEC-Turkey Association Agreement - Freedom of movement for workers - Second indent of first paragraph of Article 7 and Article 14(1) of Decision No 1/80 of the Association Council - Directives 64/221/EEC, 2003/109/EC and 2004/38/EC - Right of residence of a Turkish national born in the territory of a Member State and having resided there for more than 10 years without interruption as the child of a Turkish worker - Convictions for criminal offences - Lawfulness of an expulsion decision - Conditions.
Reference for a preliminary ruling: Verwaltungsgerichtshof Baden-Württemberg - Germany.
Language of the case: German
Case C-272/09 P. KME (anciennement KME Germany) and Others v Commission
Appeal - Competition - Agreements, decisions and concerted practices - Market for copper industrial tubes - Fines - Size of the market, duration of the infringement and cooperation capable of being taken into consideration - Effective judicial remedy.
Language of the case: English
Case C-81/10 P. France Télécom v Commission
Appeal - State aid - France Télécom’s business tax regime - Concept of ‘aid’ - Legitimate expectations - Limitation period - Obligation to state reasons - Principle of legal certainty.
Language of the case: French
Case C-125/10. Merck Sharp & Dohme (anciennement Merck & Co. Inc.) v Deutsches Patent- und Markenamt
Intellectual and industrial property - Patents - Regulation (EEC) No 1768/92 - Article 13 - Supplementary protection certificate for medicinal products - Possibility of granting that certificate where the period that has elapsed between the date of the lodging of the basic patent application and the first marketing authorisation in the European Union is less than five years - Regulation (EC) No 1901/2006 - Article 36 - Extension of the duration of the supplementary protection certificate.
Reference for a preliminary ruling: Bundespatentgericht - Germany.
Language of the case: German
Case C-157/10. Banco Bilbao Vizcaya Argentaria v Administración General del Estado
Free movement of capital - Corporation tax - Convention for the avoidance of double taxation - Prohibition of deducting tax due but not recovered in another Member State.
Reference for a preliminary ruling: Tribunal Supremo - Spain.
Language of the case: Spanish
Case C-275/10. Residex Capital IV v Gemeente Rotterdam
Article 88(3) EC - State aid - Aid granted in the form of a guarantee to a lender for the purpose of enabling the latter to grant a loan to a borrower - Infringement of procedural rules - Obligation to recover - Nullity - Powers of the national court.
Reference for a preliminary ruling: Hoge Raad der Nederlanden - Netherlands.
Language of the case: Dutch
Case C-386/10 P. Chalkor v Commission
Appeal - Competition - Agreements, decisions and concerted practices - Market for copper plumbing tubes - Fines - Size of the market, duration of the infringement and cooperation capable of being taken into consideration - Effective judicial remedy.
Language of the case: English
Case C-389/10 P. KME Germany and Others v Commission
Appeal - Competition - Agreements, decisions and concerted practices - Market for copper plumbing tubes - Fines - Size of the market, duration of the infringement and cooperation capable of being taken into consideration - Effective judicial remedy.
Language of the case: English
Case C-119/10. Frisdranken Industrie Winters v Red Bull
Trade marks - Directive 89/104/EEC - Article 5(1)(b) - Filling of cans already bearing a sign similar to a trade mark - Service provided under an order from and on the instructions of another person - Action taken by trade-mark proprietor against the service provider.
Reference for a preliminary ruling: Hoge Raad der Nederlanden - Netherlands.
Language of the case: Dutch
Case C-191/10. Rastelli Davide e C. v Hidoux
Regulation (EC) No 1346/2000 - Insolvency proceedings - International jurisdiction - Extension of insolvency proceedings opened in respect of a company established in one Member State to a company whose registered office is in another Member State because the property of the two companies has been intermixed.
Reference for a preliminary ruling: Cour de cassation - France.
Language of the case: French
Case C-257/10. Försäkringskassan v Bergström
Migrant workers - Social security - Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons - Regulation (EEC) No 1408/71 - National of a Member State who has been pursuing a professional activity in Switzerland - Return to country of origin.
Reference for a preliminary ruling: Högsta förvaltningsdomstolen (anciennement Regeringsrätten) - Sweden.
Language of the case: Swedish
Case C-384/10. Voogsgeerd v Navimer
Rome Convention on the law applicable to contractual obligations - Contract of employment - Choice made by the parties - Mandatory rules of the law applicable in the absence of choice - Determination of that law - Employee carrying out his work in more than one Contracting State.
Reference for a preliminary ruling: Hof van Cassatie - Belgium.
Language of the case: Dutch
Case C-409/10. Hauptzollamt Hamburg-Hafen v Afasia Knits Deutschland
Common commercial policy - Preferential regime for the importation of products originating in the African, Caribbean and Pacific (ACP) States - Irregularities detected during an investigation carried out by the European Anti-Fraud Office (OLAF) in the exporting ACP State - Post-clearance recovery of the import duties.
Reference for a preliminary ruling: Bundesfinanzhof - Germany.
Language of the case: German
Case C-427/10. Banca Antoniana Popolare Veneta v Ministero dell'Economia e delle Finanze and Agenzia delle Entrate
VAT - Recovery of VAT paid but not due - National legislation under which actions may be brought for the recovery of sums paid but not due, before different courts and subject to different time-limits, depending on whether the claimant is the recipient of the services or their supplier - Possibility for the recipient to claim a VAT refund from the supplier after the expiry of the time-limits within which the supplier is able to bring an action against the tax authority - Principle of effectiveness.
Reference for a preliminary ruling: Corte suprema di cassazione - Italy.
Language of the case: Italian
Case C-585/10. Møller v Haderslev Kommune
Integrated pollution prevention and control - Directive 96/61/EC - Annex I, subheading 6.6(c) - Installations for the intensive rearing of pigs with more than 750 places for sows - Inclusion or non-inclusion of places for gilts.
Reference for a preliminary ruling: Vestre Landsret - Denmark.
Language of the case: Danish
Case C-27/09 P. France v Council
Appeal - Common foreign and security policy - Restrictive measures directed against certain persons and entities with a view to combating terrorism - Common Position 2001/931/CFSC - Regulation (EC) No 2580/2001 - Freezing of funds applicable to a group included in a list drawn up, revised and amended by the Council of the European Union - Rights of the defence.
Language of the case: English
Case C-28/09. Commission v Austria
Failure of a Member State to fulfil obligations - Articles 28 EC and 29 EC - Free movement of goods - Measures having equivalent effect to quantitative restrictions on imports and exports - Transport - Directives 96/62/EC and 1999/30/EC - Sectoral traffic prohibition for lorries of over 7.5 tonnes carrying certain goods - Air quality - Protection of health and the environment - Principle of proportionality - Consistency.
Language of the case: German
Case C-271/09. Commission v Poland
Failure of a Member State to fulfil obligations - Free movement of capital - Scope - Open pension funds - Limitation on the investment of capital assets outside the Member State concerned - Proportionality.
Language of the case: Polish
Case C-242/10. Enel Produzione v Autorità per l'energia elettrica e il gas
Directive 2003/54/EC - Internal market in electricity - Electricity generating installations essential to the operation of the electricity system - Obligation to submit tenders on the national electricity exchange market in accordance with the limits and criteria laid down by the electricity transmission and distribution system operator - Dispatching and balancing service - Public service obligations.
Reference for a preliminary ruling: Tribunale amministrativo regionale per la Lombardia - Italy.
Language of the case: Italian
Case C-316/10. Danske Svineproducenter v Justitsministeriet
Second paragraph of Article 288 TFEU - Regulation (EC) No 1/2005 - Protection of animals during transport - Transport by road of domestic animals of the porcine species - Minimum height of compartments - Inspection during a journey - Loading density - Right of Member States to adopt detailed standards.
Reference for a preliminary ruling: Vestre Landsret - Denmark.
Language of the case: Danish
Case C-366/10. The Air Transport Association of America and Others v The Secretary of State for Energy and Climate Change
Reference for a preliminary ruling - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Directive 2008/101/EC - Inclusion of aviation activities in that scheme - Validity - Chicago Convention - Kyoto Protocol - EU-United States Air Transport Agreement - Principles of customary international law - Legal effects thereof - Whether they may be relied upon - Extraterritoriality of European Union law - Meaning of ‘charges’, ‘fees’ and ‘taxes’.
Reference for a preliminary ruling: High Court of Justice (England & Wales), Queen’s Bench Division (Administrative Court) - United Kingdom.
Language of the case: English
Joined cases C-411/10 and C-493/10. NS and Others v Secretary of State for the Home Department and Others
European Union law - Principles - Fundamental rights - Implementation of European Union law - Prohibition of inhuman or degrading treatment - Common European Asylum System - Regulation (EC) No 343/2003 - Concept of ‘safe countries’ - Transfer of an asylum seeker to the Member State responsible - Obligation - Rebuttable presumption of compliance, by that Member State, with fundamental rights.
References for a preliminary ruling: Court of Appeal (England & Wales) (Civil Division) - United Kingdom and High Court of Ireland - Ireland.
Language of the case: English
Joined cases C-424/10 and C-425/10. Ziolkowski and Szeja v Das Land Berlin
Freedom of movement for persons - Directive 2004/38/EC - Right of permanent residence - Article 16 - Legal residence - Residence based on national law - Period of residence completed before the accession to the European Union of the State of origin of the citizen concerned.
References for a preliminary ruling: Bundesverwaltungsgericht - Germany.
Language of the case: German
Case C-465/10. Ministre de l'Intérieur, de l'Outre-mer, des Collectivités territoriales et de l'Immigration v Chambre de commerce et d'industrie de l'Indre
Reference for a preliminary ruling - Protection of the European Union’s financial interests - Regulation (EC, Euratom) No 2988/95 - Article 3 - Structural Funds - Regulation (EEC) No 2052/88 - Regulation (EEC) No 4253/88 - Contracting authority in receipt of a subsidy from the Structural Funds - Failure to comply with public procurement rules by the recipient of an ERDF subsidy - Basis for the obligation to recover European Union subsidies in the case of an irregularity - Concept of ‘irregularity’ - Concept of ‘continuous irregularity’ - Conditions for recovery - Limitation period - Longer national limitation periods - Principle of proportionality.
Reference for a preliminary ruling: Conseil d'État - France.
Language of the case: French
Case C-482/10. Cicala v Regione Siciliana
National administrative procedure - Administrative acts - Obligation to state reasons - Possibility of failure to state reasons being remedied during legal proceedings against an administrative act - Interpretation of the second paragraph of Article 296 TFEU and Article 41(2)(c) of the Charter of Fundamental Rights of the European Union - Lack of jurisdiction of the Court.
Reference for a preliminary ruling: Corte dei Conti - sezione giurisdizionale per la Regione Siciliana - Italy.
Language of the case: Italian
Case C-495/10. Centre hospitalier universitaire de Besançon v Dutrueux and Caisse primaire d'assurance maladie du Jura
Directive 85/374/EEC - Liability for defective products - Scope - National rules requiring public healthcare establishments to pay compensation, even when they are not at fault, for damage sustained by a patient as a result of the failure of equipment or products used in the course of treatment.
Reference for a preliminary ruling: Conseil d'État - France.
Language of the case: French
Case C-499/10. Vlaamse Oliemaatschappij v FOD Financiën
Sixth VAT Directive - Persons liable to pay tax - Third party jointly and severally liable - Warehousing arrangements other than customs warehousing - Joint and several liability of the warehouse-keeper of the goods and the taxable person who owns the goods - Good faith or lack of fault or negligence of the warehouse-keeper.
Reference for a preliminary ruling: Rechtbank van eerste aanleg te Brugge - Belgium.
Language of the case: Dutch
Case C-503/10. Evroetil v Direktor na Agentsia "Mitnitsi"
Directive 2003/30/EC - Article 2(2)(a) - Concept of bioethanol - Product obtained from biomass, undenatured and with an ethyl alcohol content of over 98.5% - Relevance of actual use as a biofuel - Regulation (EEC) No 2658/87 - Combined Nomenclature - Tariff classification of bioethanol for the purpose of collecting excise duties - Directive 2003/96/EC - Energy products - Directive 92/83/EEC - First indent of Article 20 and Article 27(1)(a) and (b) - Concept of ethyl alcohol - Exemption from the harmonised duty - Denaturing.
Reference for a preliminary ruling: Varhoven administrativen sad - Bulgaria.
Language of the case: Bulgarian
Case C-507/10. X v Y
Police and judicial cooperation in criminal matters - Framework Decision 2001/220/JHA - Standing of victims in criminal proceedings - Protection of vulnerable persons - Hearing of minors as witnesses - Special measure for early taking of evidence - Refusal by the Public Prosecutor to request the judge in charge of preliminary investigations to hear a witness.
Reference for a preliminary ruling: Tribunale di Firenze - Italy.
Language of the case: Italian
Case C-72/11. Der Generalbundesanwalt beim Bundesgerichtshof v Afrasiabi and Others
Common foreign and security policy - Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation - Regulation (EC) No 423/2007 - Article 7(3) and (4) - Supply and installation of a sintering furnace in Iran - Concept of ‘indirectly making available’ an ‘economic resource’ to persons, entities and bodies listed in Annexes IV and V to that regulation - Concept of ‘circumvention’ of the prohibition on making that resource available.
Reference for a preliminary ruling: Oberlandesgericht Düsseldorf - Germany.
Language of the case: German
Information (on unpublished decisions)
Case C-157/09. Commission v Netherlands
Failure of a Member State to fulfil obligations - Article 43 EC - Freedom of establishment - Notaries - Nationality requirement - Article 45 EC - Connection with the exercise of official authority.
Case C-515/10. Commission v France
Failure of a Member State to fulfil obligations - Directive 1999/31/EC - Decision 2003/33/EC - National legislation - Landfill for inert waste - Acceptance of asbestos- cement waste.
Case C-222/11 P. Longevity Health Products v EUIPO
Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(d) - Word sign '5 HTP' - Application for a declaration of invalidity - Appeal manifestly unfounded.
Case C-45/11 P. Deutsche Bahn v EUIPO
Appeal - Community trade mark - Application for registration of a Community trade mark consisting of a horizontal combination of the colours grey and red -Absolute grounds for refusal - Lack of distinctive character - Regulation (EC) No 207/2009 - Article 7(1)(b).
Case C-69/11. Connoisseur Belgium v Belgische Staat
Article 104(3), first subparagraph, of the Rules of Procedure - Sixth VAT Directive - Article 11.A(1)(a) - Taxable amount - Costs not charged by the taxable person.
Case C-349/11. Auditeur du travail v Yangwei
First subparagraph of Article 104(3) of the Rules of Procedure - Directive 97/81/EC - Administrative obstacles liable to limit the opportunities for part-time work - Obligation to publicise and keep employment contracts and work schedules.
Case C-446/10 P(R). Alcoa Trasformazioni v Commission
Appeal – Application for interim measures – State aid – Preferential electricity tariffs – Decision declaring the aid incompatible with the common market and ordering its recovery – Application for suspension of operation of a measure – Urgency
Case C-434/11. Corpul Naţional al Poliţiştilor v MAI and Others
Reference for a preliminary ruling - Charter of Fundamental Rights of the European Union - Admissibility of national legislation providing for salary reductions in relation to various categories of public officials - Failure to implement European Union law - Court clearly lacking jurisdiction.
Case C-462/11. Cozman v Teatrul Municipal Târgovişte
Reference for a preliminary ruling - First Additional Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms - Whether national legislation establishing reductions in the salaries of several categories of public-sector employee is lawful - Lack of connection to European Union law - Clear lack of jurisdiction of the Court.
Joined cases C-483/11 and C-484/11. Boncea and Others v Statul român prin Ministerul Finanţelor Publice and Statul român – Ministerul Finanţelor Publice prin Direcţia Generală a Finanţelor Publice Argeş
Reference for a preliminary ruling - Articles 43, 92(1) and 103(1 )of the Rules of Procedure - Charter of Fundamental Rights of the European Union - Compensation payable to persons sentenced in political trials under the Communist regime - Right to compensation for non-material harm suffered - Failure to implement European Union law - Court clearly lacking jurisdiction.
Case C-560/08. Commission v Spain
Failure of a Member State to fulfil obligations - Directive 85/337/EEC - Assessment of the effects of certain public and private projects on the environment - Directive 92/43/EEC - Conservation of natural habitats - Projects for the widening and/or upgrading of the M-501 road in Spain - ZEP ES 0000056 'Encinares del río Alberche y río Cofio' ZEP ES0000056 - Proposed SCI ES310005 'Cuenca del río Guadarrama' and proposed SCI ES3110007 'Cuenca de los ríos Alberche y Cofio'.
Case C-624/10. Commission v France
Failure of a Member State to fulfil obligations - Taxation - Directive 2006/112/EC - Articles 168, 171, 193, 194, 204 and 214 - Legislation of a Member State obliging a seller or provider established outside the national territory to designate a tax representative and to identify him or herself for VAT purposes in that Member State - Legislation allowing deductible VAT paid by the seller or provider established outside the national territory to be offset against the VAT collected by him or her in the name and on behalf of his or her customers.
Case C-126/11. INNO v UNIZO and Others
First subparagraph of Article 104(3) of the Rules of Procedure - Directive 2005/29/EC - Unfair commercial practices - National legislation prohibiting announcements of price reductions and those suggestive of such reductions.
Case C-411/11 P. Altner v Commission
Appeal – Action for annulment – Commission’s refusal to bring infringement proceedings – Action for declaration of failure to act – Manifest inadmissibility – Right to an impartial court or tribunal
Case C-318/09 P. A2A (anciennement ASM Brescia) v Commission
Appeals - State aid - Aid granted to public utilities - Tax exemptions - Decision declaring the aid scheme incompatible with the common market - Action for annulment - Admissibility - Standing - Legal interest - Article 87 EC - Concept of 'aid' - Article 88 EC - Concept of 'new aid' - Article 10 EC - Duty of loyal cooperation - Regulation (EC) No 659/1999 - Articles 1 and 14 - Lawfulness of a recovery order - Principle of legal certainty - Duty to state reasons.
Case C-319/09 P. ACEA v Commission
Appeals - State aid - Aid granted to public utilities - Tax exemptions - Decision declaring the aid scheme incompatible with the common market - Action for annulment - Admissibility - Standing - Legal interest - Article 87 EC - Concept of 'aid' - Article 88 EC - Concept of 'new aid' - Regulation (EC) No 659/1999 - Articles 1 and 14 - Lawfulness of a recovery order - Duty to state reasons.
Case C-320/09 P. A2A (anciennement AEM) v Commission
Appeals - State aid - Aid granted to public utilities - Tax exemptions - Decision declaring the aid scheme incompatible with the common market - Action for annulment - Admissibility - Standing - Legal interest - Article 87 EC - Concept of 'aid' - Article 88 EC - Concept of 'new aid' - Article 10 EC - Duty of loyal cooperation - Regulation (EC) No 659/1999 - Articles 1 and 14 - Lawfulness of a recovery order - Principle of legal certainty - Duty to state reasons.
Case C-329/09 P. Iride (anciennement AMGA) v Commission
Appeal - State aid - Aid granted to public utilities - Tax exemptions - Decision declaring the aid scheme incompatible with the common market - Action for annulment - Admissibility - Standing - Legal interest.
Case C-250/10. Haltergemeinschaft v Hauptzollamt Düsseldorf
Directive 2003/96/EC - Taxation of energy products and electricity - Article 14(1)(b) - Exemption of energy products used as fuel for the purpose of air navigation - Fuel provided by a person chartering out an aircraft used by charterers of the aircraft for their flights for purposes other than the supply of air services for consideration.
January 2012
Case C‑302/10 Infopaq International v Danske Dagblades Forening
Copyright — Information society — Directive 2001/29/EC — Article 5(1) and (5) — Literary and artistic works — Reproduction of short extracts of literary works — Newspaper articles — Temporary and transient reproductions — Technological process consisting in scanning of articles followed by conversion into text file, electronic processing of the reproduction and storage of part of that reproduction — Acts of temporary reproduction which form an integral and essential part of such a technological process — Purpose of those acts being the lawful use of a work or protected subject-matter — Independent economic significance of those acts
Reference for a preliminary ruling from the Højesteret
Language of the case: Danish
Case C-347/10 Salemink v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen
Social security for migrant workers — Regulation (EEC) No 1408/71 — Worker employed on gas-drilling platform on the continental shelf adjacent to the Netherlands — Compulsory insurance — Refusal to pay invalidity benefit
Reference for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-392/10 Suiker Unie v Hauptzollamt Hamburg-Jonas
Regulation (EC) No 800/1999 — Article 15(1) and (3) — Agricultural products — System of export refunds — Differentiated export refund — Conditions for granting — Import of the product into the third country of destination — Payment of import duties
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C‑53/11 P OHIM v Nike International
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 58 — Regulation (EC) No 2868/95 — Rules 49 and 50 — Word mark R10 — Opposition — Assignment — Admissibility of an appeal — Concept of ‘person entitled to appeal’ — Applicability of the OHIM Guidelines
Language of the case: Spanish
Case C-282/10 Dominguez v Centre informatique du Centre Ouest Atlantique and Préfet de la région Centre
Social policy — Directive 2003/88/EC — Article 7 — Right to paid annual leave — Precondition for entitlement imposed by national rules — Absence of the worker — Length of the leave entitlement based on the nature of the absence — National rules incompatible with Directive 2003/88 — Role of the national court
Reference for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C‑218/10 ADV Allround v Finanzamt Hamburg-Bergedorf
VAT — Sixth Directive — Articles 9, 17 and 18 — Determination of the place where services are supplied — Concept of ‘supply of staff’ — Self-employed persons — Need to ensure that a provision of services is assessed identically in relation to the provider and in relation to the recipient
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C-586/10 Kücük v Land Nordrhein-Westfalen
Social policy — Directive 1999/70/EC — Clause 5(1)(a) of the Framework Agreement on fixed-term work — Successive fixed-term employment contracts — Objective reasons liable to justify the renewal of such contracts — National rules justifying the use of fixed-term contracts in cases of temporary replacement — Permanent or recurring need for replacement staff — Taking into account of all circumstances surrounding the renewal of successive fixed-term contracts
Reference for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C‑588/10 Minister Finansów v Kraft Foods Polska
Taxation — VAT — Directive 2006/112/EC — Article 90(1) — Price reduced after the supply has taken place — National legislation which makes the reduction of the taxable amount contingent on the supplier of the goods or services possessing acknowledgment of receipt of a correcting invoice by the purchaser of the goods or services — Principle of VAT neutrality — Principle of proportionality
Reference for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Information (on unpublished decisions)
Case C‑462/10 P Evropaïki Dynamiki v EEA
Appeal — Public service contracts — Invitation to tender — Supply of computing advice services — Rejection of the tender — Decision to award the contract to another tenderer — Selection and award criteria — Confusion of the criteria — Weighting of the criteria — Full copy of the evaluation report — Inadequate statement of reasons
Case C‑496/10 Criminal proceedings against Patriciello
Article 104(3), first subparagraph, of the Rules of Procedure — Member of the European Parliament — Protocol on Privileges and Immunities — Article 8 — Criminal proceedings for the offence of insulting behaviour — Statements made outside the precincts of the European Parliament — Definition of expression of an opinion in the performance of parliamentary duties — Immunity — Conditions
Case C‑117/11 Purple Parking and Airparks Services v Commissioners for Her Majesty's Revenue & Customs
First subparagraph of Article 104(3) of the Rules of Procedure — Taxation — VAT — Sixth Directive — Article 28(2)(a) — Article 28(3)(b) — Exemption of certain transport services — Transaction combining car parking services and the transport of travellers between the car park and an airport — Existence of two separate supplies of services or of a single supply — Principle of fiscal neutrality
Case C‑227/11 DHL Danzas Air & Ocean v Inspecteur van de Belastingdienst/Douane West, kantoor Hoofddorp
Article 104(3) of the Rules of Procedure — Common Customs Tariff — Tariff headings — Network analysers — Classification — Legal value of a classification opinion of the World Customs Organisation
Case C‑185/11 Commission v Slovenia
Failure of a Member State to fulfil obligations — Direct insurance other than life assurance — Directives 73/239/EEC and 92/49/EEC — Incorrect and incomplete transposition
Case C‑192/11 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 2009/147/EC — Conservation of wild birds — Scope of the system of protection — Derogations from the prohibitions laid down by the directive
February 2012
Case C‑545/09 Commission v United Kingdom
Convention defining the Statute of the European Schools — Interpretation and application of Articles 12(4)(a) and 25(1) — Right of seconded teachers to access to the same progression in status and pay as those enjoyed by their national counterparts — Exclusion of certain teachers seconded by the United Kingdom to the European Schools from access to improved pay scales and other additional payments available to their national counterparts — Incompatibility with Articles 12(4)(a) and 25(1)
Language of the case: English
Case C‑249/10 P Brosmann Footwear (HK) and Others v Council
Appeal — Dumping — Regulation (EC) No 1472/2006 — Imports of certain footwear with uppers of leather originating in China and Vietnam — Regulation (EC) No 384/96 — Articles 2(7), 9(5) and 17(3) — Market economy treatment — Individual treatment — Sampling
Language of the case: English
Case C‑210/10 Urbán v Vám- és Pénzügyőrség Észak-alföldi Regionális Parancsnoksága
Road transport — Breach of the rules on the use of the tachograph — Obligation on Member States to establish proportionate penalties — Flat-rate fine — Proportionality of the penalty
Reference for a preliminary ruling from the Hajdú-Bihar Megyei Bíróság
Language of the case: Hungarian
Case C‑277/10 Luksan v van der Let
Reference for a preliminary ruling — Approximation of laws — Intellectual property — Copyright and related rights — Directives 93/83/EEC, 2001/29/EC, 2006/115/EC and 2006/116/EC — Sharing of the rights to exploit a cinematographic work, by contract, between the principal director and the producer of the work — National legislation allotting those rights, exclusively and by operation of law, to the film producer — Possibility of departing from that rule by an agreement between the parties — Subsequent rights to remuneration
Reference for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
Case C‑204/09 Flachglas Torgau v Bundesrepublik Deutschland
Reference for a preliminary ruling — Aarhus Convention — Directive 2003/4/EC — Access to environmental information — Bodies or institutions acting in a legislative capacity — Confidentiality of the proceedings of public authorities — Condition that the confidentiality must be provided for by law
Reference for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C‑17/10 Toshiba Corporation and Others v Úřad pro ochranu hospodářské soutěže
Competition — Cartel, in the territory of a Member State, having begun before that State acceded to the European Union — Cartel of international scope having effects in the territory of the Union and the European Economic Area — Article 81 EC and Article 53 of the EEA Agreement — Prosecution and penalty for the infringement for the period before the date of accession and the period following that date — Fines — Delimitation of the powers of the Commission and those of the national competition authorities — Imposition of fines by the Commission and by the national competition authority — Principle ne bis in idem — Regulation (EC) No 1/2003– Articles 3(1) and 11(6) — Consequences of the accession of a new Member State to the Union
Reference for a preliminary ruling from the Krajský soud v Brně
Language of the case: Czech
Joined Cases C‑191/09 P and C‑200/09 P Council v Interpipe Niko Tube and Interpipe NTRP and Commission v Council
Appeals — Anti‑dumping duties — Regulation (EC) No 954/2006 — Imports of certain seamless pipes and tubes, of iron or steel originating in Croatia, Romania, Russia and Ukraine — Regulation (EC) No 384/96 — Article 2(10)(i), Article 3(2), (3) and (5) to (7), Article 18(3) and Article 19(3) — Calculation of the normal value and of the injury — ‘Single economic entity’ — Rights of the defence — No statement of reasons
Language of the case: English
Joined Cases C‑72/10 and C‑77/10 Criminal proceedings against Costa and Cifone
Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licensing requirement — Consequences of an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibition under national legislation — Whether permissible
References for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C‑182/10 Solvay and Others v Région wallonne
Assessment of the effects of projects on the environment — Concept of legislative act — Force and effect of the guidance in the Aarhus Convention Implementation Guide — Consent for a project given without an appropriate assessment of its effects on the environment — Access to justice in environmental matters — Extent of the right to a review procedure — Habitats Directive — Plan or project affecting the integrity of the site — Imperative reason of overriding public interest
Reference for a preliminary ruling from the Cour constitutionnelle (Belgium)
Language of the case: French
Case C-360/10 SABAM v Netlog
Information society — Copyright — Internet — Hosting service provider — Processing of information stored on an online social networking platform — Introducing a system for filtering that information in order to prevent files being made available which infringe copyright — No general obligation to monitor stored information
Reference for a preliminary ruling from the rechtbank van eerste aanleg te Brussel
Language of the case: Dutch
Case C‑372/10 Pak-Holdco v Dyrektor Izby Skarbowej w Poznaniu
Taxation — Indirect taxes on the raising of capital — Capital duty levied on capital companies — Obligation on a Member State to take account of directives which were no longer in force at the time of that State’s accession — Exclusion, from the amount on which capital duty is charged, of the amount of the assets belonging to the capital company which are allocated to the increase in capital and which have already been subjected to capital duty
Reference for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
C‑488/10 Celaya Emparanza y Galdos Internacional v Proyectos Integrales de Balizamientos
Regulation (EC) No 6/2002 — Article 19(1) — Community designs — Infringement or threatened infringement — Definition of ‘third parties’
Reference for a preliminary ruling from the Juzgado de lo Mercantil nº 1 de Alicante y nº 1 de Marca Comunitaria
Language of the case: Spanish
Case C‑594/10 Proceedings brought by van Laarhoven
Sixth VAT Directive — Right to deduct input tax — Limitation — Use of goods forming part of the assets of a business for the private use of the taxable person — Fiscal treatment of private use of goods that are assets of the business
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑25/11 Varzim Sol v Fazenda Pública
Taxation — Sixth VAT Directive — Deduction of input tax — Article 17(2) and (5) and Article 19 — ‘Subsidies’ used for the purchase of goods and services — Restriction of the right to deduct
Reference for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C‑118/11 Eon Aset Menidjmunt v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
VAT — Directive 2006/112/EC — Articles 168 and 176 — Right of deduction — Condition relating to use of goods and services for the purposes of taxed transactions — Origin of the right to deduct — Motor vehicle leasing contract — Financial leasing contract — Vehicle used by employer to transport free of charge an employee between his home and his workplace
Reference for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
Case C‑134/11 Blödel-Pawlik v HanseMerkur Reiseversicherung
Directive 90/314/EEC — Package travel, package holidays and package tours — Article 7 — Protection against the risk of insolvency or bankruptcy on the part of the package organiser — Scope — Insolvency of the organiser on account of its fraudulent use of the funds transferred by consumers
Reference for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
Case C-41/11 Inter-Environnement Wallonie and Terre wallonne v Région wallonne
Protection of the environment — Directive 2001/42/EC — Articles 2 and 3 — Assessment of the effects of certain plans and programmes on the environment — Protection of waters against pollution caused by nitrates from agricultural sources — Plan or programme — No prior environmental assessment — Annulment of a plan or programme — Possibility of maintaining the effects of the plan or programme — Conditions
Reference for a preliminary ruling from the Conseil d’État (Belgium)
Language of the case: French
Information (on unpublished decisions)
Case C‑404/11 P Elf Aquitaine v Commission
Appeal — Regulation (EC) No 1/2003 — Competition — Cartel — Sodium chlorate market — Concept of an ‘undertaking’ — Presumption of decisive influence — Scope of that presumption — Factors not capable of rebutting the presumption — Personal fine — Unlimited jurisdiction
Case C‑421/11 P Total and Elf Aquitaine v Commission
Appeal — Regulation (EC) No 1/2003 — Competition — Cartel — Market for methacrylates — Concept of ‘undertaking’ — Presumption of decisive influence — Obligation to state reasons — Principle of sound administration — Extension of the authority of a final decision — Deterrent multiplying factor — Indivisible nature of the fine — Unlimited jurisdiction
Case C‑191/11 P Yorma's v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Opposition proceedings — Application for Community figurative mark with the word element ‘yorma’s’ — Earlier Community word mark NORMA — Relative ground for refusal — Likelihood of confusion
Case C‑442/11 Novartis v Actavis
The first subparagraph of Article 104(3) of the Rules of Procedure — Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Articles 4 and 5 — Sole active ingredient for which such a certificate is granted — Scope of protection — Medicinal product containing more than one active ingredient, including the active ingredient which is the subject of a certificate
Case C‑556/11 Lorenzo Martínez v Dirección Provincial de Educación Valladolid
First subparagraph of Article 104(3) of the Rules of Procedure — Social policy — Directive 1999/70/EC — Clause 4(1) of the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Fixed-term employment contracts in the public sector — Non-university teaching — Right to six-yearly continuing professional education increments — Exclusion of teachers employed as temporary officials — Principle of non-discrimination
Case C‑574/11 Novartis v Actavis Deutschland and Actavis
The first subparagraph of Article 104(3) of the Rules of Procedure — Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Articles 4 and 5 — Sole active ingredient for which such a certificate is granted — Scope of protection — Medicinal product containing more than one active ingredient, including the active ingredient which is the subject of a certificate
Case C‑208/11 P Internationaler Hilfsfonds v Commission
Appeal — Access to documents — Action for annulment of the Commission’s decisions refusing access to documents concerning a contract for the co-financing of a medical aid programme in Kazakhstan — Action inadmissible because brought out of time — Incorrect determination of the moment from which the time allowed for bringing the action began to run
Joined Cases C‑164/10 to C‑176/10 Ferazzoli and Others v Ministero dell'Interno
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licensing requirement — Consequences of an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑255/10 Criminal proceedings against Sacchi
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑279/10 Criminal proceedings against Minesi
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑413/10 Criminal proceedings against Pulignani and Others
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑501/10 Criminal proceedings against Russo
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑107/11 Ministero dell'Interno and Questura di Caltanissetta v Rizzo
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑368/11 Procura della Repubblica v Arrichiello
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑612/11 Procura della Repubblica v Veneruso
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑119/11 Commission v France
Failure of a Member State to fulfil obligations — Directive 2006/112/EC — Articles 99 and 110 — Value added tax — Reduced rate — Application of a reduced rate for admission to the first performances of concerts held in establishments providing refreshments during the performance
March 2012
Case C‑280/10 Kopalnia Odkrywkowa Polski Trawertyn P. Granatowicz, M. Wąsiewicz v Dyrektor Izby Skarbowej w Poznaniu
VAT — Directive 2006/112/EC — Articles 9, 168, 169 and 178 — Deduction of input tax paid in respect of transactions conducted with a view to carrying out planned economic activity — Purchase of land by the partners of a partnership — Invoices drawn up prior to registration of the partnership seeking the deduction
Reference for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-393/10 O'Brien v Ministry of Justice
Framework agreement on part‑time work — Definition of ‘part-time workers who have an employment contract or employment relationship’ — Judges working part‑time remunerated on a fee-paid basis — Refusal to grant a retirement pension
Reference for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
Case C‑420/10 Söll v Tetra
Placing on the market of biocidal products — Directive 98/8/EC — Article 2(1)(a) — Concept of ‘biocidal products’– Product causing flocculation of harmful organisms without destroying or deterring them or rendering them harmless
Reference for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
Case C‑467/10 Staatsanwaltschaft Gießen v Akyüz
Directives 91/439/EEC and 2006/126/EC — Mutual recognition of driving licences — Refusal of a Member State to recognise, in respect of a person who does not satisfy the physical and mental requirements for driving under the laws of that Member State, the validity of a driving licence issued by another Member State
Reference for a preliminary ruling from the Landgericht Gießen
Language of the case: German
Case C‑484/10 Ascafor and Asidac v Administración del Estado and Others
Free movement of goods — Quantitative restrictions and measures having equivalent effect — Directive 89/106/EEC — Construction products — Non‑harmonised standards — Labels of quality — Requirements relating to certification bodies
Reference for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-604/10 Football Dataco and Others v Yahoo and Others
Directive 96/9/EC — Legal protection of databases — Copyright — Football league fixture lists
Reference for a preliminary ruling from the Court of Appeal (England & Wales)(Civil Division)
Language of the case: English
Case C-166/11 González Alonso v Nationale Nederlanden Vida Cia De Seguros y Reaseguros
Consumer protection — Contracts negotiated away from business premises — Directive 85/577/EEC — Scope — Not included — Unit-linked insurance contracts
Reference for a preliminary ruling from the Audiencia Provincial de Oviedo
Language of the case: Spanish
Case C-220/11 Star Coaches v Finanční ředitelství pro hlavní město Prahu
Article 104(3), first subparagraph, of the Rules of Procedure — VAT Directive — Special tax scheme for travel agents — Supply to travel agents of a coach transport service but no other services
Reference for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-524/10 Commission v Portugal
Failure of a Member State to fulfil obligations — Common system of value added tax — Directive 2006/112/EC — Articles 296 to 298 — Common flat-rate scheme for farmers — Flat-rate compensation percentage set at nil rate
Language of the case: Portuguese
Case C‑251/11 Huet v Université de Bretagne Occidentale
Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 5(1) — Successive fixed-term employment contracts — Measures to prevent the abuse of such contracts — Conversion of the previous fixed-term contract into a contract of indefinite duration — Obligation to reproduce in identical terms the principal clauses of the previous fixed-term contract
Request for a preliminary ruling from the tribunal administratif de Rennes
Language of the case: French
Case C-380/09 P Melli Bank v Council
Appeal — Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation — Freezing the funds of a bank’s subsidiary — Principle of proportionality — Ownership or control of the entity
Language of the case: English
Case C-376/10 P Tay Za v Council
Appeals — Common foreign and security policy — Restrictive measures against the Republic of the Union of Myanmar — Freezing of funds applicable to persons, entities and bodies — Legal basis
Language of the case: English
Case C-135/10 SCF v Del Corso
Copyright and related rights in the information society — Direct applicability of the Rome Convention, the TRIPS Agreement and the WPPT in the European Union legal order — Directive 92/100/EC — Article 8(2) — Directive 2001/29/EC — Concept of ‘communication to the public’ — Communication to the public of phonograms broadcast by radio in a dental practice
Reference for a preliminary ruling from the Corte d’appello di Torino
Language of the case: Italian
Case C-162/10 Phonographic Performance (Ireland) v Ireland and Attorney General
Copyright and related rights — Directive 2006/115/EC — Articles 8 and 10 — Concepts of ‘user’ and ‘communication to the public’ — Installation in hotel bedrooms of televisions and/or radios to which the hotelier distributes a broadcast signal
Reference for a preliminary ruling from the High Court (Commercial Division) (Ireland)
Language of the case: English
Case C-292/10 G v de Visser
Jurisdiction and the enforcement of judgments in civil and commercial matters — Public notification of legal documents — Lack of known domicile or place of abode of the defendant in the territory of a Member State — Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ — Infringement of the right to protection of personality liable to have been committed by the publication of photographs on the Internet — Place where the harmful event occurred or may occur
Reference for a preliminary ruling from the Landgericht Regensburg
Language of the case: German
Case C-340/10 Commission v Cyprus
Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Articles 4(1) and 12(1) — Failure to include Paralimni Lake as a site of Community importance within the time-limit laid down — System of protection for the species Natrix natrix cypriaca (Cypriot grass snake)
Language of the case: Greek
Case C-453/10 Pereničová and Perenič v S.O.S. financ
Consumer protection — Consumer credit agreement — Incorrect statement of annual percentage rate of charge — Effect of unfair commercial practices and unfair terms on the validity of the contract as a whole
Reference for a preliminary ruling from the Okresný súd Prešov
Language of the case: Slovak
Joined Cases C-90/11 and C-91/11 Strigl and Securvita v Deutsches Patent- und Markenamt and Öko-Invest
Trade marks — Directive 2008/95/EC − Grounds for refusal or invalidity − Verbal expressions which consist of a word combination and a sequence of letters identical to the initial letters of those words — Distinctive character — Descriptive character — Assessment criteria
Reference for a preliminary ruling from the Bundespatentgericht
Language of the case: German
Case C‑506/09 P Portugal v Transnáutica
Appeal — Customs union — Regulation (EEC) No 2913/92 and Regulation (EEC) No 2454/93 — Remission of import duties — Consignments of tobacco and ethyl alcohol for third countries — Fraud committed by an employee of the company liable
Language of the case: English
Case C‑190/10 Génesis v Boys Toys and Administración del Estado
Community trade mark — Definition and acquisition — Earlier trade mark — Procedure for filing — Filing by electronic means — Method enabling precise identification of the day, hour and minute when the application was filed
Reference for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C‑338/10 GLS v HZA Hamburg-Stadt
Dumping — Anti-dumping duty imposed on imports of certain prepared or preserved citrus fruits originating in China — Regulation (EC) No 1355/2008 — Validity — Regulation (EC) No 384/96 — Article 2(7)(a) — Determination of normal value — Non-market economy country — Commission’s obligation to take due care to determine normal value on the basis of the price or constructed value in a market economy third country
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C‑567/10 Inter-Environnement Bruxelles and Others v Gouvernement de la Région de Bruxelles-Capitale
Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Concept of plans and programmes ‘which are required by legislative, regulatory or administrative provisions’ — Applicability of the directive to a procedure for the total or partial repeal of a land use plan
Reference for a preliminary ruling from the Cour constitutionnelle (Belgium)
Language of the case: French
Case C-153/11 Klub v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
VAT — Directive 2006/112/EC — Article 168 — Right of deduction — Origin of the right of deduction — Right of a company to deduct the input VAT paid for the acquisition of capital goods not yet brought into use for the company’s business activities
Reference for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
Case C-248/11 Ministerul public v Nilaş and Others
Directive 2004/39/EC — Markets in financial instruments — Article 4(1)(14) — Concept of ‘regulated market’ — Authorisation — Functional requirements — Market whose legal nature is not specified, but which is managed, after a merger, by a legal person also managing a regulated market — Article 47 — Not included on the list of regulated markets — Directive 2003/6/EC — Scope — Market manipulation
Reference for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
Case C-209/10 Post Danmark v Konkurrencerådet
Article 82 EC — Postal undertaking with a dominant position and subject to a universal service obligation with regard to certain addressed mail — Low prices charged to certain former customers of a competitor — No evidence relating to intention — Price discrimination — Selectively low prices — Actual or likely exclusion of a competitor — Effect on competition and, thereby, on consumers — Objective justification
Reference for a preliminary ruling from the Højesteret
Language of the case: Danish
Case C‑504/09 P Commission v Poland
Appeal — Environment — Directive 2003/87/EC — Greenhouse gas emission allowance trading scheme — National allocation plan for emission allowances for the Republic of Poland for the period 2008 to 2012 — Article 9(1) and (3) and Article 11(2) of Directive 2003/87 — Respective competences of the Commission and the Member States — Equal treatment
Language of the case: Polish
Case C-505/09 P Commission v Estonia
Appeal — Environment — Directive 2003/87/EC — Greenhouse gas emission allowance trading scheme — National allocation plan for emission allowances for the Republic of Estonia for the period 2008 to 2012 — Respective competences of the Commission and the Member States — Article 9(1) and (3) and Article 11(2) of Directive 2003/87 — Equal treatment — Principle of sound administration
Language of the case: Estonian
Case C-185/10 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 2001/83/EC — Articles 5 and 6 — Proprietary medicinal products — Medicinal products for human use –Authorisation to market — Legislation of a Member State dispensing with a marketing authorisation for medicinal products which are similar to but have a lower price than authorised products
Language of the case: Polish
Case C‑414/10 Véleclair v Ministre du budget, des comptes publics et de la réforme de l'Etat
VAT — Sixth Directive — Article 17(2)(b) — Taxation of a product imported from a third country — National legislation — Right to deduct VAT on importation — Condition — Actual payment of VAT by the taxable person
Reference for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
Case C-417/10 Ministero dell'Economia e delle Finanze and Agenzia delle Entrate v 3M Italia
Direct taxation — Conclusion of proceedings pending before the court giving judgment at final instance in tax matters — Abuse of rights — Article 4(3) TEU — Freedoms guaranteed by the Treaty — Principle of non-discrimination — State aid — Obligation to ensure the effective application of European Union law
Reference for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C‑436/10 État belge v BLM
Sixth VAT Directive — Article 6(2), first paragraph, point (a), and Article 13(B)(b) — Right of deduction — Business assets which belong to a taxable person which is a legal person and which are placed at the disposal of its staff for their private use
Reference for a preliminary ruling from the cour d’appel de Mons
Language of the case: French
Case C-500/10 Ufficio IVA di Piacenza v Belvedere Costruzioni
Taxation — VAT — Article 4(3) TEU — Sixth Directive — Articles 2 and 22 — Automatic conclusion of proceedings pending before the tax court of third instance
Reference for a preliminary ruling from the Commissione tributaria centrale, sezione di Bologna
Language of the case: Italian
Case C‑564/10 Bundesanstalt für Landwirtschaft und Ernährung v Pfeifer & Langen
Regulation (EC, Euratom) No 2988/95 — Protection of the European Union’s financial interests — Articles 3 and 4 — Administrative measures — Recovery of wrongly obtained advantages — Default and compensatory interest due under national law — Application of the limitation rules in Regulation No 2988/95 to the recovery of default interest — Start of the limitation period — Concept of suspension — Concept of interruption
Reference for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C‑599/10 SAG ELV Slovensko and Others v Úrad pre verejné obstarávanie
Public procurement — Directive 2004/18/EC — Contract award procedures — Restricted call for tenders — Assessment of the tender — Requests by the contracting authority for clarification of the tender — Conditions
Reference for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
Case C-1/11 Interseroh Scrap and Metal Trading v SAM
Environment — Regulation (EC) No 1013/2006 — Article 18(1) and (4) — Shipments of certain waste — Article 3(2) — Mandatory information — Identity of waste producers — Information not provided by the intermediary dealer — Protection of business secrets
Reference for a preliminary ruling from the Verwaltungsgericht Mainz
Language of the case: German
Information (on unpublished decisions)
Case C-354/10 Commission v Greece
Failure to fulfil obligations — State aid — Tax-exempt reserve fund — Incompatibility with the common market — Recovery — Failure to execute
Case C‑474/11 P Smanor v Commission and European Ombudsman
Appeal — Article 119 of the rules of the procedure — Marketing of frozen yoghurt prohibited — Failure of a Member State to fulfil obligations –Commission’s refusal to bring infringement proceedings — Action for damages — Manifest inadmissibility
Case C-596/10 Commission v France
Failure of a Member State to fulfil obligations — Value added tax — Directive 2006/112/EC — Application of reduced VAT rates to transactions concerning equidae and in particular to horses
Case C-81/11 P Longevity Health Products v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Application for Community word mark RESVEROL — Opposition by the proprietor of the earlier international word mark LESTEROL — Assessment of the likelihood of confusion — Rights of the defence
Case C‑333/11 Febetra v Belgische Staat
Article 104(3), first subparagraph, of the Rules of Procedure — TIR Convention — Community Customs Code — Excise duties — Transport carried out under cover of a TIR carnet — Unlawful unloading — Determination of the place of the offence — Recovery of customs and excise duties — Jurisdiction
Case C‑406/11 P Atlas Transport v OHIM
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Invalidity proceedings — Admissibility before the Board of Appeal — Failure to file a statement setting out the grounds of appeal — Regulation (EC) No 40/94 — Article 59 — Regulation (EC) No 2868/95 — Rule 49(1) — Stay of proceedings — Regulation (EC) No 2868/95 — Rule 20(7)(c) — Appeal manifestly inadmissible and manifestly unfounded
Case C-574/10 Commission v Germany
Failure of a Member State to fulfil its obligations — Directive 2004/18/EC — Public service contracts — Architecture and engineering services — Design, planning and supervision of a project to renovate a public building — Project carried out in several phases, for budgetary reasons — Market value
Case C-46/11 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Inadequate protection of certain species, in particular the otter (Lutra lutra
Case C‑157/11 Sibilio v Comune di Afragola
Social policy — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Directive 1999/70/EC — Clause 2 — Concept of ‘an employment contract or relationship defined by law, collective agreements or practice in force in each Member State’ — Scope of the framework agreement — Clause 4, point 1 — Principle of non-discrimination — Persons carrying out ‘work of social utility’ with public authorities — National rule excluding the existence of an employment relationship — National rule establishing a difference between the benefit paid to socially useful workers and the remuneration received by workers engaged under a contract of definite and/or indefinite duration by the same public authorities and carrying out the same activities
Case C-87/11 P Fidelio v OHIM
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(c) — Word mark Hallux — Refusal to register — Absolute ground for refusal — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C‑167/11 P Cantiere navale De Poli v Commission
Appeal — Article 119 of the Rules of Procedure — State aid — Incompatibility with the common market — Commission decision — Alteration to existing aid — Regulation (EC) No 794/2004 — Regulation (EC) No 1177/2002 — Temporary defensive mechanism for shipbuilding
Case C‑200/11 P Italy v Commission
Appeal — Article 119 of the Rules of Procedure — State aid — Incompatibility with the common market — Commission decision — Action for annulment — Regulation (EC) No 659/1999 — Article 1(c) — Alteration of existing aid — Regulation (EC) No 794/2004 — Article 4(1) — Temporary defensive mechanism for shipbuilding
Case C‑354/11 P Emram v OHIM
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Application for registration of the figurative mark G — Trade marks
Case C‑348/11 Thomson Sales Europe v Administration des douanes
Articles 92(1) and 103(1) of the Rules of Procedure — Manifest inadmissibility — Article 104(3), second subparagraph, of the Rules of Procedure — Answer admitting of no reasonable doubt — Reference for a preliminary ruling — Assessment of validity — Common commercial policy — Dumping — Importation of televisions manufactured in Thailand — Validity of the investigation carried out by the European Anti‑Fraud Office (OLAF) — Validity of Regulations (EC) Nos 710/95 and 2584/98
Case C‑243/10 Commission v Italy
Failure of a Member State to fulfil obligations — State aid — Aid in favour of the hotel industry in Sardinia — Recovery
Case C 529/10 Ministero dell'Economia e delle Finanze and Agenzia delle Entrate v Safilo
Article 104(3), first subparagraph, of the Rules of Procedure — Direct taxation — Conclusion of proceedings pending before the court giving judgment at final instance in tax matters — Abuse of rights — Article 4(3) TEU — Freedoms guaranteed by the Treaty — Principle of non‑discrimination — State aid — Obligation to ensure the effective application of European Union law
Case C-607/10 Commission v Sweden
Failure of a Member State to fulfil its obligations — Environment — Directive 2008/1/EC — Integrated pollution prevention and control — Conditions for the authorisation of existing installations — Obligation to ensure the operation of such installations in accordance with the requirements of the directive
Case C‑334/11 P Lancôme v OHIM
Appeal — Community trade mark — Word mark ACNO FOCUS — Opposition by the proprietor of the national word mark FOCUS — Refusal of registration — Article 43(2) and (3) of Regulation (EC) No 40/94 — Earlier mark registered for not less than five years
Case C-569/11 P(R) Gollnisch v Parliament
Appeal — Application for interim measures — Privileges and immunities — Waiving of the immunity of a Member of the European Parliament — Application for suspension of the operation of a measure — Urgency
Case C‑570/11 P(R) Gollnisch v Parliament
Appeal — Interim measures — Privileges and immunities — Waiving of the immunity of a Member of the European Parliament — Application for suspension of operation — Interest in obtaining suspension
April 2012
Case C‑83/12 PPU Criminal proceedings against Minh Khoa Vo
Area of freedom, security and justice — Regulation (EC) No 810/2009 — Community Code on Visas — Articles 21 and 34 — National legislation — Third‑country nationals brought illegally into the territory of a Member State — Visas obtained by fraud — Criminal penalties imposed on the human smuggler
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑443/09 CCIAA v Grillo Star
Directive 2008/7/EC — Indirect taxes on the raising of capital — Articles 5(1)(c) and 6(1)(e) — Scope — Annual duty paid to local chambers of commerce, industry, crafts and agriculture
Reference for a preliminary ruling from the Tribunale di Cosenza
Language of the case: Italian
Case C‑213/10 F-Tex v UAB „Jadecloud-Vilma“
Judicial cooperation in civil matters — Regulation (EC) No 1346/2000 — Article 3(1) — Concept of an action related to insolvency proceedings and closely connected with those proceedings — Regulation (EC) No 44/2001 — Article 1(1) and (2)(b) — Concepts of civil and commercial matters and of bankruptcy or winding-up — Action brought on the basis of an assignment, by a liquidator, of his right to have a transaction set aside
Reference for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C‑221/10 P Artegodan v Commission
Appeal — Second paragraph of Article 288 EC — Non-contractual liability of the Union — Conditions — Sufficiently serious breach of a rule of law conferring rights on individuals — Decision withdrawing marketing authorisations for medicinal products for human use containing amfepramone
Language of the case: German
Case C-415/10 Meister v Speech Design Carrier Systems
Directives 2000/43/EC, 2000/78/EC and 2006/54/EC – Equal treatment in employment and occupation – Worker showing that he meets the requirements listed in a job advertisement – Right of that worker to have access to information indicating whether the employer has recruited another applicant
Reference for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C‑461/10 Bonnier Audio and Others v Perfect Communication Sweden
Copyright and related rights — Processing of data by internet — Infringement of an exclusive right — Audio books made available via an FTP server via internet by an IP address supplied by an internet service provider — Injunction issued against the internet service provider ordering it to provide the name and address of the user of the IP address
Reference for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
Case C‑523/10 Wintersteiger v Products 4U Sondermaschinenbau
Regulation (EC) No 44/2001 — Jurisdiction and the enforcement of judgments in civil and commercial matters — Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ — Determination of the place where the harmful event occurred or may occur — Website of a referencing service provider operating under a country-specific top-level domain of a Member State — Use, by an advertiser, of a keyword identical to a trade mark registered in another Member State
Reference for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C‑549/10 P Tomra Systems and Others v Commission
Appeal — Competition — Dominant position — Abuse — Market for machines for the collection of used beverage containers — Decision finding an infringement of Article 82 EC and Article 54 of the EEA Agreement — Exclusivity agreements, quantity commitments and loyalty rebates
Language of the case: English
Case C‑121/11 Pro-Braine and Others v Commune de Braine-le-Château
Directive 1999/31/EC — Landfill of waste — Directive 85/337/EEC — Assessment of the effects of certain public and private projects on the environment — Decision relating to the carrying on of operations at an authorised landfill site, in the absence of an Environmental Impact Assessment — Concept of ‘consent’
Reference for a preliminary ruling from the Conseil d’État (Belgium)
Language of the case: French
Case C‑571/10 Kamberaj v Istituto per l'Edilizia Sociale della Provincia autonoma di Bolzano and Others
Area of Freedom, Justice and Security — Article 34 of the Charter of Fundamental Rights of the European Union — Directive 2003/109/EC — Status of third-country nationals who are long-term residents — Right to equal treatment with regard to social security, social assistance and social protection — Derogation from the principle of equal treatment for social assistance and social protection measures — Exclusion of ‘core benefits’ from the scope of that derogation — National legislation providing for housing benefit for low income tenants — Amount of funds for third-country nationals determined on the basis of a different weighted average — Rejection of an application for housing benefit owing to the exhaustion of the funds for third-country nationals
Reference for a preliminary ruling from the Tribunale di Bolzano
Language of the case: Italian
Case C‑419/10 Hofmann v Freistaat Bayern
Directive 2006/126/EC — Mutual recognition of driving licences — Refusal by a Member State to recognise, in favour of a person whose driving licence was withdrawn on its territory, the validity of a driving licence issued by another Member State
Reference for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
Case C-456/10 ANETT v Administración del Estado
Free movement of goods – Articles 34 TFEU and 37 TFEU – National legislation prohibiting tobacco retailers from importing tobacco products – Rule concerning the existence and operation of a monopoly on the marketing of tobacco products – Measures having equivalent effect to quantitative restrictions – Justification – Consumer protection
Reference for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C‑472/10 Nemzeti Fogyasztóvédelmi Hatóság v Invitel
Directive 93/13/EEC — Article 3(1) and (3) — Articles 6 and 7 — Consumer contracts — Unfair terms — Unilateral amendment of the terms of a contract by a seller or supplier — Action for an injunction brought in the public interest and on behalf of consumers by a body appointed by national legislation — Declaration of the unfair nature of a term — Legal effects
Reference for a preliminary ruling from the Pest Megyei Bíróság
Language of the case: Hungarian
Case C‑508/10 Commission v Netherlands
Failure of a Member State to fulfil obligations — Directive 2003/109/EC — Status of third-country nationals who are long-term residents — Application for long-term resident status — Application for a residence permit in a second Member State made by a third-country national who has already acquired long-term resident status in a first Member State or by a member of his family — Amount of the charges levied by the competent authorities — Disproportionate charges − Obstacle to the exercise of the right of residence
Language of the case: Dutch
Case C‑510/10 DR and TV2 Danmark v NCB
Approximation of laws — Copyright and related rights — Directive 2001/29/EC — Article 5(2)(d) — Right to communicate works to the public — Exception to the reproduction right — Ephemeral recordings of works made by broadcasting organisations by means of their own facilities and for their own broadcasts — Recording made with the facilities of a third party — Obligation of the broadcasting organisation to pay compensation for any adverse effects of the actions and omissions of the third party
Reference for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Joined Cases C‑578/10 to C‑580/10 Staatssecretaris van Financiën v van Putten and Others
Articles 18 EC and 56 EC — Motor vehicles — Use in a Member State of a borrowed private motor vehicle which is registered in another Member State — Taxation of that vehicle in the first Member State on its first use on the national road network
References for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Joined Cases C-621/10 and C-129/11 Balkan and Sea Properties and Provadinvest v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
VAT — Directive 2006/112/EC — Articles 73 and 80(1) — Sale of immovable property between connected companies — Value of the transaction — National legislation providing that for transactions between connected persons the taxable amount for VAT purposes is the open market value of the transaction
References for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
Case C-225/11 Commissioners for Her Majesty's Revenue & Customs v Able UK
VAT — Directive 2006/112/EC — Exemptions — Article 151(1)(c) — Supply of services of dismantling obsolete US Navy ships in the territory of a Member State
Reference for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber) (United Kingdom)
Language of the case: English
Case C‑92/12 PPU Health Service Executive v C. and C.
Jurisdiction, recognition and enforcement of judgments in matrimonial matters and in the matters of parental responsibility — Regulation (EC) No 2201/2003 — Child habitually resident in Ireland, where the child was placed in care on many occasions — Child’s behaviour aggressive and placing herself at risk — Judgment ordering placement of the child in a secure care institution in England — Material scope of the regulation — Article 56 — Procedures for consultation and consent — Obligation to recognise or declare enforceable the decision to place the child in a secure care institution — Provisional measures — Urgent preliminary ruling procedure
Reference for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Information (on unpublished decisions)
Case C‑656/11 R United Kingdom v Council
Application for interim measures — Council decision — Application for suspension of operation of a measure — Application for interim measures — Decision 2011/863/EU — Urgency
Case C‑141/10 Commission v Netherlands
Failure of a Member State to fulfil obligations — Articles 39 EC to 42 EC — Freedom of movement of persons — Regulation (EEC) No 1408/71 — Social security of migrant workers — Refusal to pay certain benefits — Workers employed on drilling platforms in the Netherlands — Admissibility of the action
Case C‑297/11 Commission v Greece
Failure of a Member State to fulfil obligations — Directive 2000/60/EC — European Union water policy — River basin management plan — Publication — Public information and consultation — Failure to notify the Commission
Case C‑507/11 P(R) Fapricela v Commission
Application for interim measures — Competition — Decision of the Commission imposing a fine — Bank guarantee — Application for suspension of operation of a measure — Financial damage — Lack of exceptional circumstances — Lack of urgency
Case C‑125/09 Commission v Cyprus
Failure of a Member State to fulfil obligations — Electronic communications networks and services — Directives 2002/21/EC and 2002/20/EC — Rights of way — Failure to transpose within the prescribed period
Case C-307/11 P Deichmann v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(b) — Absolute ground for refusal — Lack of distinctive character — Figurative sign representing a chevron edged with dotted lines
Case C-114/11 Notermans v Boddenberg
Articles 18 EC and 39 EC — Motor vehicles — Use in one Member State of a private motor vehicle registered in another Member State — That vehicle taxed in the first Member State on its first use on the national road network — Vehicle taken at the time of moving to the first Member State and used for both private use and for going to the place of work situated in the second Member State
May 2012
Case C‑406/10 SAS Institute v World Programming
Intellectual property — Directive 91/250/EEC — Legal protection of computer programs — Articles 1(2) and 5(3) — Scope of protection — Creation directly or via another process — Computer program protected by copyright — Reproduction of the functions by a second program without access to the source code of the first program — Decompilation of the object code of the first computer program — Directive 2001/29/EC — Copyright and related rights in the information society — Article 2(a) — User manual for a computer program — Reproduction in another computer program — Infringement of copyright — Condition — Expression of the intellectual creation of the author of the user manual
Reference for a preliminary ruling from the High Court of Justice of England and Wales (Chancery Division)
Language of the case: English
Case C-337/10 Neidel v Stadt Frankfurt am Main
Social policy — Directive 2003/88/EC — Working conditions — Organisation of working time — Right to paid annual leave — Allowance in lieu in the event of sickness — Public servants (firemen)
Reference for a preliminary ruling from the Verwaltungsgericht Frankfurt am Main
Language of the case: German
Case C‑520/10 Lebara v Commissioners for Her Majesty's Revenue & Customs
Taxation — Sixth VAT Directive — Article 2 — Supply of services for consideration — Telecommunications services — Prepaid phonecards displaying information for making international calls — Marketing through a network of distributors
Reference for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Case C‑620/10 Migrationsverket v Kastrati and Others
Dublin system — Regulation (EC) No 343/2003 — Procedure for determining the Member State responsible for examining an asylum application — Third-country nationals in possession of a valid visa issued by the ‘Member State responsible’ within the meaning of Regulation No 343/2003 — Asylum application lodged in a Member State other than the State responsible pursuant to that regulation — Application for a residence permit in a Member State other than the State responsible followed by the withdrawal of the asylum application — Withdrawal occurring before the Member State responsible accepted that it should take charge — Withdrawal terminating the procedures set up by Regulation No 343/2003
Reference for a preliminary ruling from the Kammarrätten i Stockholm — Migrationsöverdomstolen
Language of the case: Swedish
Case C‑24/11 P Spain v Commission
Appeal — EAGGF — ‘Guarantee’ section — Expenditure excluded from Community financing — Expenditure incurred by the Kingdom of Spain — Aid for the production of olive oil
Language of the case: Spanish
Case C‑39/10 Commission v Estonia
Failure of a Member State to fulfil obligations — Freedom of movement for workers — Income tax — Allowance — Retirement pensions — Effect on small pensions — Discrimination between resident and non-resident taxpayers
Language of the case: Estonian
Joined Cases C‑357/10 to C‑359/10 Duomo Gpa and Others v Comune di Baranzate and Comune di Venegono Inferiore
Articles 3 EC, 10 EC, 43 EC, 49 EC and 81 EC — Freedom of establishment — Freedom to provide services — Directive 2006/123/EC — Articles 15 and 16 — Concession relating to the assessment, verification and collection of taxes and other local authority revenue — National legislation — Minimum share capital — Obligation
Request for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia
Language of the case: Italian
Case C‑368/10 Commission v Netherlands
Failure of a Member State to fulfil obligations — Directive 2004/18/EC — Procedures for the award of public works contracts, public supply contracts and public service contracts — Contract for the supply, installation and maintenance of dispensing machines for hot drinks, and the supply of tea, coffee and other ingredients — Article 23(6) and (8) — Technical specifications — Article 26 — Conditions for performance of the contract — Article 53(1) — Criteria for award of the contracts — Most economically advantageous tender — Products derived from organic agriculture and fair trade — Use of labels in the formulation of the technical specifications and the award criteria — Article 39(2) — Concept of ‘additional information’ — Article 2 — Principles for award of contracts — Principle of transparency — Articles 44(2) and 48 — Verification of the suitability and choice of participants — Minimum level of technical or professional abilities — Compliance with ‘criteria of sustainability of purchases and socially responsible business’
Language of the case: Dutch
Case C‑100/11 P Rubinstein and L'Oréal v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(5) — Community word marks BOTOLIST and BOTOCYL — Community and national figurative and word marks BOTOX — Declaration of invalidity — Relative grounds for refusal — Damage to reputation
Language of the case: English
Joined Cases C‑338/11 to C‑347/11 Santander Asset Management SGIIC and Others v Directeur des résidents à l'étranger et des services généraux and Ministre du budget, des comptes publics, de la fonction publique et de la réforme de l'État
Articles 63 TFEU and 65 TFEU — Undertakings for collective investments in transferable securities (UCITS) — Different treatment of dividends paid to non-resident UCITS, subject to withholding tax, and dividends paid to resident UCITS, not subject to such tax — Whether it is necessary, for the purpose of determining whether the national measure is in conformity with the free movement of capital, to take account of the situation of shareholders — No such need
References for a preliminary ruling from the tribunal administratif de Montreuil
Language of the case: French
Case C‑348/09 I v Oberbürgermeisterin der Stadt Remscheid
Freedom of movement for persons — Directive 2004/38/EC — Article 28(3)(a) — Expulsion decision — Criminal conviction — Imperative grounds of public security
Reference for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen
Language of the case: German
Case C‑97/11 Amia v Provincia Regionale di Palermo
Environment — Landfill of waste — Directive 1999/31/EC — Special levy on the disposal of solid waste in landfills — Landfill operator subject to that levy — Operating costs of a landfill — Directive 2000/35/EC — Default interest — Obligations of the national court
Reference for a preliminary ruling from the Commissione tributaria provinciale di Palermo
Language of the case: Italian
Case C‑98/11 P Chocoladefabriken Lindt & Sprüngli v OHIM
Appeal — Community trade mark — Absolute ground for refusal — No distinctive character — Three-dimensional sign consisting of the shape of a chocolate rabbit with a red ribbon
Language of the case: German
Case C‑188/11 Hehenberger v Republik Österreich
Agriculture — European Agricultural Guidance and Guarantee Fund — Regulations (EC) Nos 1257/1999 and 817/2004 — Financial support for agri‑environmental production methods — Checks — Beneficiary of agricultural aid — Fact of having prevented an on‑the‑spot check from being carried out — National legislation requiring the repayment of all aid paid over several years — Whether compatible
Reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien
Language of the case: German
Case C‑196/11 P Formula One Licensing v OHIM
Appeal — Community trade mark — Figurative mark ‘F1-Live’ — Opposition by the proprietor of international and national word marks F1 and Community figurative mark F1 Formula 1 — Lack of distinctive character — Descriptive element — Removal of the protection provided to an earlier national trade mark — Likelihood of confusion
Language of the case: English
Information (on unpublished decisions)
Case C-240/11 P World Wide Tobacco España v Commission
Appeal — Competition — Agreements, decisions and concerted practices — The Spanish market for the purchase and first processing of raw tobacco — Price-fixing and market-sharing — Fines — Deterrent effect — Equal treatment — Mitigating circumstances — Maximum limit of 10% of turnover — Cooperation
Case C‑289/11 P Legris Industries v Commission
Appeal — Competition — Cartels — Copper fittings and copper alloy fittings sector — Commission decision finding an infringement of Article 81 EC — Fines — Parent companies and subsidiaries — Imputability of the unlawful conduct
Case C‑290/11 P Comap v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Copper and copper alloy fittings sector — Commission decision finding an infringement of Article 81 EC — Fines — Duration of the infringement — Concept of ‘continuity’
Case C-370/11 Commission v Belgium
Failure of a Member State to fulfil obligations — Articles 36 and 40 of the EEA Agreement — Discriminatory taxation of the capital gains obtained on the repurchase of shares in collective investment undertakings established in Norway or Iceland and not authorised under Directive 85/611/EEC
Case C‑134/12 Corpul Naţional al Poliţiştilor v Ministerul Administraţiei şi Internelor and Others
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — European Convention on the Protection of Human Rights and Fundamental Freedoms — Validity of national legislation imposing salary reductions on several categories of civil servants — Failure to give effect to European Union law — Clear lack of jurisdiction of the Court of Justice
Case C‑198/11 P Lan Airlines v OHIM
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Community word mark LÍNEAS AÉREAS DEL MEDITERRÁNEO LAM — Application for registration — Opposition by the proprietor of the earlier Community word and figurative marks LAN — Rejection of the opposition — No likelihood of confusion — Appeal manifestly inadmissible
Case C‑453/11 P Timehouse v OHIM
Appeal — Community trade mark — Three-dimensional mark representing a watch — Refusal of registration — Lack of distinctiveness
Case C‑477/11 P Sepracor Pharmaceuticals v Commission
Appeal — Regulation (EC) No 726/2004 — Medicinal products for human use — Active substance ‘eszopiclone’ — Marketing authorisation — Procedure — Statement of position by the Commission — Status of ‘new active substance’ — Concept of ‘actionable measure’
Case C‑352/11 Commission v Austria
Failure by a Member State to fulfil its obligations — Environment — Directive 2008/1/EC — Integrated pollution prevention and control — Requirements for the granting of permits for existing installations — Obligation to ensure the operation of such installations in accordance with the requirements of that directive
Case C‑366/11 Commission v Belgium
Failure of a Member State to fulfil obligations — Environment — Directive 2000/60/EC — European Union action in the field of water policy — River basin management plans — Publication and notification to the Commission — Lack — Public information and consultation concerning the draft management plans — Lack
June 2012
Case C-124/10 P Commission v EDF
Appeal — State aid — Waiver of a tax claim — Exemption from corporation tax — Increase in share capital — Conduct of a State acting as a prudent private investor in a market economy — Criteria to distinguish between the State as shareholder and the State exercising public power — Definition of ‘reference private investor’ — Principle of equal treatment — Burden of proof
Language of the case: French
Case C-489/10 Prokurator Generalny v Bonda
Common agricultural policy — Single area payment scheme — Regulation (EC) No 1973/2004 — Article 138(1) — Exclusion from receiving aid if the area declared is not correct — Administrative or criminal nature of that penalty — Rule against the overlapping of criminal penalties — Ne bis in idem principle
Reference for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C‑615/10 Proceedings brought by Insinööritoimisto InsTiimi Oy
Directive 2004/18/EC — Public contracts in the field of defence — Article 10 — Article 296(1)(b) EC — Protection of a Member State’s essential security interests — Trade in arms, munitions and war material — Product procured by a contracting authority specifically for military purposes — Existence, as regards that product, of a potential and largely identical civilian application — Tiltable turntable for carrying out electromagnetic measurements — Contract not put out to tender in accordance with the procedures provided for by Directive 2004/18
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-27/11 Vinkov v Nachalnik Administrativno-nakazatelna deinost
Reference for a preliminary ruling — Non-recognition in national law of the right to a judicial remedy in respect of decisions imposing a financial penalty and the deduction of points for certain breaches of road traffic regulations — Purely internal situation — Inadmissibility of the reference
Reference for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C-39/11 VBV - Vorsorgekasse v Finanzmarktaufsichtsbehörde
Free movement of capital — Articles 63 TFEU and 65 TFEU — Severance funds — Investment of assets — Investment funds established in another Member State — Investment in such funds permitted only when they are authorised to market their units within the national territory
Reference for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-106/11 M.J. Bakker v Minister van Financiën
Social security for migrant workers — Applicable legislation — Worker holding Netherlands nationality working, for an employer established in the Netherlands, on board dredgers flying the Netherlands flag which operate outside the territory of the European Union — Residence in the territory of another Member State — Affiliation to the Netherlands social security system
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-132/11 Tyrolean Airways Tiroler Luftfahrt v Betriebsrat Bord der Tyrolean Airways Tiroler Luftfahrt Gesellschaft
Directive 2000/78/EC — Equal treatment in employment and occupation — Difference of treatment on grounds of age — Charter of Fundamental Rights of the European Union — General principles of European Union law — Collective agreement — Failure to take into account, for the grading on the salary scale of cabin crew members of an airline, professional experience acquired with another airline belonging to the same group of companies — Contract clause
Reference for a preliminary ruling from the Oberlandesgericht Innsbruck
Language of the case: German
Joined Cases C‑611/10 and C‑612/10 Hudzinski and Wawrzyniak v Agentur für Arbeit Wesel - Familienkasse and Agentur für Arbeit Mönchengladbach - Familienkasse
Social security for migrant workers — Regulation (EEC) No 1408/71 — Articles 14(1)(a) and 14a(1)(a) — Articles 45 TFEU and 48 TFEU — Temporary work in a Member State other than that in which work is normally carried out — Family benefits — Applicable legislation — Possibility for child benefit to be granted by the Member State in which the temporary work is carried out but which is not the competent State — Application of a rule of national law against overlapping of benefits which excludes that benefit in the case where a comparable benefit is received in another State
References for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-542/09 Commission v Netherlands
Failure of a Member State to fulfil its obligations — Freedom of movement for persons — Access to education for migrant workers and their family members — Funding for higher educational studies pursued outside the territory of the Member State concerned — Residence requirement
Language of the case: Dutch
Case C-533/10 CIVAD v Receveur des douanes de Roubaix and Others
Community Customs Code — Article 236(2) — Repayment of duties not legally owed — Time limit — Regulation (EC) No 2398/97 — Definitive anti-dumping duty on imports of cotton-type bed linen originating in Egypt, India and Pakistan — Regulation (EC) No 1515/2001 — Repayment of anti-dumping duties paid pursuant to a regulation subsequently declared invalid — Concept of ‘force majeure’ — Time at which the obligation to repay import duties arises
Reference for a preliminary ruling from the tribunal d’instance de Roubaix
Language of the case: French
Case C‑606/10 ANAFE v Ministre de l'Intérieur, de l'Outre-mer, des Collectivités territoriales et de l'Immigration
Regulation (EC) No 562/2006 — Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Article 13 — Third-country nationals holding a temporary residence permit — National legislation banning the re-entry of those nationals into the territory of the Member State which issued the temporary residence permit in the absence of a re-entry visa — Meaning of ‘re-entry visa’ — Earlier administrative practice authorising re‑entry without re-entry visa — Need for transitional measures — Absence
Reference for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
Case C‑618/10 Banco Español de Crédito v Calderón Camino
Directive 93/13/EEC — Consumer contracts — Unfair term concerning interest on late payments — Order for payment procedure — Powers of the national court
Reference for a preliminary ruling from the Audiencia Provincial de Barcelona
Language of the case: Spanish
Case C-158/11 Auto 24 v Jaguar Land Rover France
Competition — Article 101 TFEU — Motor vehicle sector — Regulation (EC) No 1400/2002 — Block exemption — Selective distribution system — Concept of ‘specified criteria’ concerning a quantitative selective distribution system — Refusal to grant authorisation as a distributor of new motor vehicles — Lack of precise, objective, proportionate and non-discriminatory quantitative selection criteria
Reference for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-307/10 Chartered Institute of Patent Attorneys v Registrar of Trade Marks
Trade marks — Approximation of laws of the Member States — Directive 2008/95/EC — Identification of the goods or services for which the protection of a trade mark is sought — Requirements of clarity and precision — Use of class headings of the Nice Classification for the purposes of the registration of trade marks — Whether permissible — Extent of protection of the trade mark
Reference for a preliminary ruling from the Person Appointed by the Lord Chancellor under Section 76 of The Trade Marks Act 1994, on Appeal from the Registrar of Trade Marks (United Kingdom)
Language of the case: English
Case C-452/10 P BNP Paribas and BNL v Commission
Appeal — State aid — Scheme for the realignment of the value of assets for tax purposes — Banking sector — Taxation of capital gains — Substitute tax — Selectivity
Language of the case: Italian
Case C-514/10 Wolf Naturprodukte v SEWAR
Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Temporal scope — Enforcement of a judgment delivered before the State of enforcement acceded to the European Union
Reference for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
Case C-5/11 Criminal proceedings against Titus Alexander Jochen Donner
Free movement of goods — Industrial and commercial property — Sale of copies of works in a Member State in which the copyright on those works is not protected — Transport of those goods to another Member State in which the infringement of the copyright is sanctioned under criminal law — Criminal proceedings against the transporter for aiding and abetting the unlawful distribution of a work protected by copyright law
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑15/11 Sommer v Landesgeschäftsstelle des Arbeitsmarktservice Wien
Accession of new Member States — Republic of Bulgaria — Member State legislation making the grant of a work permit to Bulgarian nationals subject to an examination of the situation of the labour market — Directive 2004/114/EC — Conditions of admission of third‑country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service
Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria)
Language of the case: German
Case C-78/11 Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA) and Others
Directive 2003/88/EC — Organisation of working time — Entitlement to paid annual leave — Sick leave — Annual leave coinciding with sick leave — Entitlement to take paid annual leave at another time
Reference for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Joined Cases C-80/11 and C-142/11 Mahagében and Dávid v Nemzeti Adó- és Vámhivatal Dél-dunántúli Regionális Adó Főigazgatósága and Nemzeti Adó- és Vámhivatal Észak-alföldi Regionális Adó Főigazgatósága
Taxation — VAT — Sixth Directive — Directive 2006/112/EC — Right to deduct — Conditions governing the exercise of that right — Article 273 — National measures to combat fraud — Practice of the national tax authorities — Refusal of the right to deduct in the event of improper conduct on the part of the issuer of the invoice relating to the goods or services in respect of which the exercise of that right is sought — Burden of proof — Obligation of the taxable person to satisfy himself as to the propriety of the conduct of the issuer of that invoice and to provide proof thereof
References for a preliminary ruling from the Baranya Megyei Bíróság and the Jász-Nagykun-Szolnok Megyei Bíróság
Language of the case: Hungarian
Case C-84/11 Marja-Liisa Susisalo and Others
Article 49 TFEU — Freedom of establishment — Public health — Pharmacies — National licensing scheme for the operation of pharmacies — Establishment of branch pharmacies — Conditions which differ according to whether the pharmacy is a private pharmacy or a University of Helsinki pharmacy — University of Helsinki Pharmacy having specific tasks in connection with pharmacy teaching and pharmaceutical services
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-135/11 P IFAW Internationaler Tierschutz-Fonds v Commission
Appeals — Public access to documents of the institutions — Regulation (EC) No 1049/2011 — Article 4(5) — Scope — Documents originating from a Member State — Objection by the Member State to disclosure of the documents — Extent of review by the institution and the European Union judicature of the Member State’s reasons for objecting — Production of the document to the European Union judicature
Language of the case: English
Case C-177/11 Syllogos Ellinon Poleodomon kai Khorotakton v Ipourgos Perivallontos, Khorotaxias & Dimosion Ergon and Others
Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Article 3(2)(b) — Margin of discretion of the Member States
Reference for a preliminary ruling from the Simvoulio tis Epikrateias
Language of the case: Greek
Case C-294/11 Ministero dell'Economia e delle Finanze and Agenzia delle Entrate v Elsacom
Eighth VAT Directive — Arrangements for the refund of VAT to taxable persons not established in the territory of the country — Time limit within which refund applications are to be submitted — Time bar
Reference for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-335/09 P Poland v Commission
Appeal — Common organisation of the markets — Transitional measures adopted because of the accession of new Member States — Regulation (EC) No 1972/2003 laying down measures in respect of trade in agricultural products — Action for annulment — Period within which an action must be brought — Point from which that period starts to run — Lateness — Inadmissibility — Amendment of a provision of that regulation — Recommencement of period within which an action must be brought — Partial admissibility — Grounds of appeal — Infringement of the principles underlying a community based on the rule of law and of the principle of effective judicial protection — Infringement of the principles of free movement of goods and of non-discrimination on grounds of nationality — Infringement of the principles of proportionality and protection of legitimate expectations — Infringement of the hierarchy of norms — Infringement of Article 41 of the 2003 Act of Accession — Erroneous interpretation of Article 3 of Regulation (EC) No 1972/2003 — Infringement of duty to state reasons
Language of the case: Polish
Case C-336/09 P Poland v Commission
Appeal — Common organisation of the markets — Transitional measures adopted because of the accession of new Member States — Regulation (EC) No 60/2004 laying down transitional measures in the sugar sector — Action for annulment — Period within which an action must be brought — Point from which that period starts to run — Lateness — Inadmissibility — Grounds of appeal — Infringement of the principles underlying a community based on the rule of law and of the principle of effective judicial protection
Language of the case: Polish
Case C-404/10 P Commission v Éditions Odile Jacob
Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Documents relating to merger control proceedings — Regulations (EEC) No 4064/89 and (EC) No 139/2004 — Refusal to grant access — Exceptions relating to the protection of investigations, commercial interests, legal advice and the decision-making process of the institutions — Duty of the institution concerned to carry out a concrete, individual examination of the content of the documents covered by the application for access
Language of the case: French
Case C-477/10 P Commission v Agrofert Holding
Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Documents relating to merger control proceedings — Regulation (EC) No 139/2004 — Refusal of access — Exceptions relating to the protection of the purpose of investigations, commercial interests, legal advice and the decision‑making process of the institutions
Language of the case: English
Case C-7/11 Fabio Caronna
Medicinal products for human use — Directive 2001/83/EC – Article 77 — Wholesale distribution of medicines — Mandatory special authorisation for pharmacists — Conditions for granting
Reference for a preliminary ruling from the Tribunale di Palermo
Language of the case: Italian
Case C-19/11 Geltl v Daimler
Directives 2003/6/EC and 2003/124/EC — Inside information — Notion of ‘precise information’ — Intermediate steps in a protracted process — Reference to circumstances or an event which may reasonably be expected to come into existence or occur — Interpretation of the wording ‘may reasonably be expected’ — Public disclosure of information relating to change of a manager of a company
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-172/11 Erny v Daimler
Freedom of movement for workers — Article 45 TFEU — Regulation (EEC) No 1612/68 — Article 7(4) — Principle of non-discrimination — Top-up amount on wages paid to workers placed on a scheme of part-time work prior to retirement — Cross-border workers subject to income tax in the Member State of residence — Notional taking into account of the tax on wages of the Member State of employment
Reference for a preliminary ruling from the Arbeitsgericht Ludwigshafen am Rhein
Language of the case: German
Case C-192/12 PPU West v Virallinen syyttäjä
Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and surrender procedures between Member States — European arrest warrant issued for the purposes of execution of a custodial sentence — Article 28 — Subsequent surrender — ‘Chain’ of European arrest warrants — Execution of a third European arrest warrant in respect of the same person — Concept of ‘executing Member State’ — Consent to surrender — Urgent preliminary ruling procedure
Reference for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Information (on unpublished decisions)
Case C‑21/11 Volturno Trasporti v Camera di Commercio di Benevento and Equitalia Polis
Reference for a preliminary ruling — Manifest inadmissibility
Case C-589/11 P(I) Schenker v Air France and Commission
Appeals — Intervention — Interest in the result of the case
Case C-590/11 P(I) Schenker v Air France-KLM and Commission
Appeals — Intervention — Interest in the result of the case
Case C-596/11 P(I) Schenker v Koninklijke Luchtvaart Maatschappij and Commission
Appeals — Intervention — Interest in the result of the case
Case C-598/11 P(I) Schenker v Cathay Pacific Airways and Commission
Appeals — Intervention — Interest in the result of the case
Case C-600/11 P(I) Schenker v Lan Airlines and Lan Cargo
Appeals — Intervention — Interest in the result of the case
Case C-602/11 P(I) Schenker v Deutsche Lufthansa and Others
Appeals — Intervention — Interest in the result of the case
Case C-156/12 GREP v Freitstaat Bayern
First subparagraph of Article 104(3) of the Rules of Procedure — Charter of Fundamental Rights of the European Union — Articles 47 and 51(1) — Implementation of European Union law — Action against a decision holding that a ruling delivered in another Member State ordering enforcement procedures was enforceable — Effective judicial protection — Right of access to courts — Legal aid — National legislation refusing legal aid to legal persons
Case C-355/11 Brouwer v Staatssecretaris van Economische Zaken, Landbouw en Innovatie
Directive 91/629/EEC — Minimum standards for the protection of calves — Regulation (EC) No 1782/2003 — Common rules for direct support schemes under the common agricultural policy — National legislation transposing Directive 91/629/EEC and declaring the management requirements provided for by that directive to be applicable to, inter alia, calves which are kept confined in the context of a dairy farming operation
Case C‑644/11 P(R) Qualitest FZE v Council
Appeals — Application for interim measures — Application for interim measures — Restrictive measures adopted against the Islamic Republic of Iran — Addition of the applicant’s name to the list of persons and entities to which the freezing of funds and economic resources applies — Lack of urgency
Case C-493/11 P United Technologies v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Market for the installation and maintenance of elevators and escalators — Fines — Parent company and subsidiaries — Imputability of the unlawful conduct
Case C‑494/11 P Otis Luxembourg and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Market for the installation and maintenance of elevators and escalators — Fines — Parent company and subsidiaries — Imputability of the unlawful conduct
Case C‑38/11 Amorim Energia v Ministério das Finanças e da Administração Pública
The first subparagraph of Article 104(3) of the Rules of Procedure — Articles 49 TFEU and 54 TFEU — Articles 63 TFEU and 65 TFEU — Directive 90/435/EEC — Article 3(2) — Tax legislation — Corporation tax — Taxation of dividends — Withholding tax — Exemption — Minimum holding in the company distributing dividends — Conditions — Minimum period of uninterrupted share ownership –Conditions — Resident and non-resident recipient companies — Different treatment
Case C-223/11 Commission v Portugal
Failure of a Member State to fulfil obligations — Environment — Directive 2000/60/EC — European Union water policy — River basin district management plans — Publication and notification to the Commission — None — Information and consultation of the public on the envisaged management plans — None
Case C-491/11 P Fuchshuber Agrarhandel v Commission
Appeal — Common Agricultural Policy — Purchase of maize from the Hungarian intervention agency — Insufficient stocks — Alleged failure by the Commission in its obligation to conduct checks — Non-contractual liability
Case C-485/10 Commission v Greece
Failure of a Member State to fulfil obligations — State aid — Aid granted to Ellinika Nafpigeia AE — Incompatibility with the common market — Recovery — Non-execution
Case C-306/11 P XXXLutz Marken v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Figurative mark Linea Natura Natur hat immer Stil — Opposition by the proprietor of the Community figurative mark natura selection — Relative grounds for refusal — Likelihood of confusion
Case C-599/11 P TofuTown.com v Meica and OHIM
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Application for registration of the word sign ‘TOFUKING’ — Opposition by the proprietor of the trade mark Curry King — Regulation (EC) No 207/2009 — Article 8(1)(b) — Likelihood of confusion — Degree of similarity
July 2012
Case C‑128/11 UsedSoft v Oracle International
Legal protection of computer programs — Marketing of used licences for computer programs downloaded from the internet — Directive 2009/24/EC — Articles 4(2) and 5(1) — Exhaustion of the distribution right — Concept of lawful acquirer
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑318/10 SIAT v État belge
Freedom to provide services — Tax legislation — Deduction as business expenses of expenses incurred as payment for the provision of services — Expenses incurred in relation to a service provider established in another Member State in which that provider is not subject to tax on income or is subject there to a tax regime which is appreciably more advantageous — Deductibility conditional upon the provision of proof of the genuine and proper nature of the services and the normal nature of the related payments — Obstacle — Justification — Combating tax evasion and avoidance — Effectiveness of fiscal supervision — Balanced allocation between Member States of the power to impose taxes — Proportionality
Reference for a preliminary ruling from the Cour de cassation (Belgium)
Language of the case: French
Case C‑509/10 Geistbeck and Geistbeck v Saatgut-Treuhandverwaltung
Intellectual and industrial property — Community plant variety rights — Regulation (EC) No 2100/94 — ‘Farmer’s privilege’ — Concept of ‘reasonable compensation’ — Compensation for damage suffered — Infringement
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑527/10 ERSTE Bank Hungary v Magyar Állam and Others
Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 5(1) — Temporal application — Action in rem brought in a non-EU Member State — Insolvency proceedings opened against the debtor in another Member State — First State which has become a member of the European Union — Whether applicable
Reference for a preliminary ruling from the Legfelsőbb Bíróság
Language of the case: Hungarian
Case C-558/10 Bourgès-Maunoury and Heintz v Direction des services fiscaux d'Eure et Loir
Privileges and immunities of the European Communities – Exemption from national taxes on salaries paid by the European Union – Inclusion of income paid by the European Union in the calculation of the cap for wealth tax
Reference for a preliminary ruling from the tribunal de grande instance de Chartres
Language of the case: French
Case C‑49/11 Content Services v Bundesarbeitskammer
Reference for a preliminary ruling — Directive 97/7/EC — Consumer protection — Distance contracts — Consumer information — Information given or received — Durable medium — Meaning — Hyperlink on the website of the supplier — Right of withdrawal
Reference for a preliminary ruling from the Oberlandesgericht Wien
Language of the case: German
Case C‑141/11 Hörnfeldt v Posten Meddelande
Equal treatment in employment and occupation — Prohibition of discrimination on grounds of age — National legislation conferring on employees an unconditional right to work until the age of 67 and providing for automatic termination of the employment relationship at the end of the month in which the employee reaches that age — Account not taken of the amount of the retirement pension
Reference for a preliminary ruling from the Södertörns tingsrätt
Language of the case: Swedish
Case C‑259/11 DTZ Zadelhoff vof v Staatssecretaris van Financiën
Sixth VAT Directive — Articles 5(3)(c) and 13B(d)(5) — Negotiation of a transaction involving the transfer of company shares — Transaction which also entails the transfer of the ownership of immovable property held by such companies — Exemption
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑269/09 Commission v Spain
Failure of a Member State to fulfil obligations — Articles 18 EC, 39 EC and 43 EC — Articles 28 and 31 of the EEA Agreement — Tax legislation — Transfer abroad of a taxpayer’s residence — Obligation to include any income not yet charged to tax in the tax base for the preceding tax year — Loss of the advantage to be gained by deferring the tax debt
Language of the case: Spanish
Case C‑378/10 Application to register a company made by VALE Építési kft
Articles 49 TFEU and 54 TFEU — Freedom of establishment — Principles of equivalence and effectiveness — Cross-border conversion — Refusal to add to register
Reference for a preliminary ruling from the Legfelsőbb Bíróság
Language of the case: Hungarian
Case C‑562/10 Commission v Germany
Action for failure to fulfil obligations — Article 56 TFEU — German legislation regarding care insurance — Benefits in kind for assistance at home are unavailable where the person reliant on care is staying in another Member State — Lower level of exportable cash benefits — Failure to reimburse hire costs of care equipment in other Member States
Language of the case: German
Case C‑602/10 SC Volksbank România v Autoritatea Naţională pentru Protecţia Consumatorilor CJPC
Consumer protection — Credit agreements for consumers — Directive 2008/48/EC — Articles 22, 24 and 30 — National legislation designed to transpose that directive — Applicability to agreements not included in the material and temporal scope of the directive — Obligations not provided for by the directive — Limitation on the bank charges capable of being levied by the creditor — Articles 56 TFEU, 58 TFEU and 63 TFEU — Obligation to put in place, in national law, adequate and effective out-of-court dispute resolution procedures
Reference for a preliminary ruling from the Judecătoria Călăraşi
Language of the case: Romanian
Joined Cases C‑608/10, C‑10/11, C‑23/11 Südzucker and Others v Hauptzollamt Hamburg-Jonas
Agriculture — Export refunds — Incorrect indication of the exporter in the export declaration — National legislation making entitlement to an export refund subject to the entry of the applicant as the exporter in the export declaration — Correction of the export declaration after the goods have been released
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C‑616/10 Solvay v Honeywell Fluorine Products Europe and Others
Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of judgments — Regulation (EC) No 44/2001 — Action for infringement of a European patent — Special and exclusive jurisdiction — Article 6(1) — More than one defendant — Article 22(4) — Validity of the patent called into question — Article 31 — Provisional, including protective, measures
Reference for a preliminary ruling from the Rechtbank ’s‑Gravenhage
Language of the case: Dutch
Joined Cases C‑55/11, C‑57/11 and C‑58/11 Vodafone España SA v Ayuntamiento de Santa Amalia (C-55/11), Ayuntamiento de Tudela (C-57/11), and France Telecom España SA v Ayuntamiento de Torremayor (C-58/11)
Directive 2002/20/EC — Electronic communications networks and services — Authorisation — Article 13 — Fees for rights of use and rights to install facilities
Reference for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C‑59/11 Association Kokopelli v Graines Baumaux
Agriculture — Directives 98/95/EC, 2002/53/EC, 2002/55/EC and 2009/145/EC — Validity — Vegetables — Sale on the national seed market of vegetable seed not included in the official common catalogue of varieties of vegetable species — Non-compliance with system of prior authorisation for marketing — International Treaty on Plant Genetic Resources for Food and Agriculture — Principle of proportionality — Freedom to conduct a business — Free movement of goods — Equal treatment
Reference for a preliminary ruling from the Cour d’appel de Nancy
Language of the case: French
Case C‑79/11 Procura della Repubblica v Giovanardi and Others
Police and judicial cooperation in criminal matters — Framework Decision 2001/220/JHA — Standing of victims in criminal proceedings — Directive 2004/80/EC — Compensation to victims of crime — Liability of a legal person — Compensation in criminal proceedings
Reference for a preliminary ruling from the judge in charge of preliminary investigations at the Tribunale di Firenze
Language of the case: Italian
Case C‑138/11 Compass-Datenbank v Republik Österreich
Competition — Article 102 TFEU — Concept of ‘undertaking’ — Data of the companies register stored in a database — Activity of collection and making available of that data in return for remuneration — Refusal by the public authorities to authorise re-utilisation of that data — ‘Sui generis’ right provided for in Article 7 of Directive 96/9/EC
Reference for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C‑146/11 Pimix v Maksu- ja Tolliameti Lõuna maksu- ja tollikeskus and Põllumajandusministeerium
Accession of new Member States — Setting the charge on surplus stocks of agricultural products — Reference, in a provision of national law, to a provision of a European Union regulation not duly published in the Official Journal of the European Union in the language of the Member State in question
Reference for a preliminary ruling from the Riigikohus (Estonia)
Language of the case: Estonian
Case C‑171/11 FRA.BO v DVGW
Free movement of goods — Measures having equivalent effect to a quantitative restriction — National certification procedure — Presumption of compliance with national law — Applicability of Article 28 EC to a private-law certification body
Reference for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C‑176/11 HIT hoteli, igralnice, turizem dd Nova Gorica and HIT LARIX, prirejanje posebnih iger na srečo in turizem dd v Bundesminister für Finanzen
Article 56 TFEU — Restriction on the freedom to provide services — Games of chance — Legislation of a Member State prohibiting the advertising of casinos located in other States if the level of legal protection for gamblers in those States is not equivalent to that ensured at national level — Justification — Overriding reasons in the public interest — Proportionality
Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria)
Language of the case: German
Case C‑284/11 EMS-Bulgaria Transport v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
VAT — Directive 2006/112/ EC — Right to deduct — Limitation period for the exercise of the right to deduct VAT — Principle of effectiveness — Refusal of the right to deduct VAT — Principle of fiscal neutrality
Reference for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C‑291/11 Staatssecretaris van Financiën v TNT Freight Management (Amsterdam) BV
Common Customs Tariff — Combined Nomenclature — Tariff headings 3002 and 3502 — Blood albumin prepared for therapeutic or prophylactic uses — Processing of the product
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-311/11 P Smart Technologies v OHIM
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 7(1)(b) – Word mark WIR MACHEN DAS BESONDERE EINFACH – Mark consisting of an advertising slogan – Distinctive character – Refusal to register
Language of the case: English
Case C‑326/11 J.J. Komen en Zonen Beheer Heerhugowaard BV v Staatssecretaris van Financiën
Sixth VAT Directive — Article 13B(g), read in conjunction with Article 4(3)(a) — Supply of buildings and land upon which they stand — Supply of a building undergoing work with the view to the creation of a new building by transformation — Continuation and completion of the work by the purchaser after the supply — Exemption from VAT
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑466/11 Currà and Others v Bundesrepublik Deutschland
Reference for a preliminary ruling — Article 92(1) of the Rules of Procedure — Action brought by the victims of massacres against a Member State as the party liable for acts committed by its armed forces in wartime — Charter of Fundamental Rights of the European Union — Clear lack of jurisdiction of the Court
Reference for a preliminary ruling from the Tribunale ordinario di Brescia
Language of the case: Italian
Case C‑337/09 P Council v Zhejiang Xinan Chemical Industrial Group
Appeal — Commercial policy — Dumping — Imports of glyphosate originating in China — Regulation (EC) No 384/96 — Article 2(7)(b) and (c) — Status of an undertaking operating under market economy conditions — Concept of ‘significant State interference’ within the meaning of the first indent of Article 2(7)(c) — State shareholder controlling de facto the general meeting of the producer’s shareholders — Equating such control to ‘significant interference’ — Assessment of an export contract stamping mechanism — Limits of judicial review — Assessment of the evidence submitted
Language of the case: English
Case C‑130/10 Parliament v Council
Common foreign and security policy — Regulation (EU) No 881/2002 — Regulation (EU) No 1286/2009 — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban — Freezing of funds and economic resources — Choice of legal basis — Articles 75 TFEU and 215 TFEU — Entry into force of the Treaty of Lisbon — Transitional provisions — CFSP common positions and decisions — Joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and from the Commission
Language of the case: English
Case C‑334/10 X v Staatssecretaris van Financiën
Sixth VAT Directive — Article 6(2), first subparagraph, (a) and (b), Article 11A(1)(c) and Article 17(2) — Part of a capital item forming part of the assets of a business — Temporary use for private purposes — Permanent alterations to that item — Payment of VAT in respect of the permanent alterations — Right to deduct
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-522/10 Reichel-Albert v Deutsche Rentenversicherung Nordbayern
Social security for migrant workers – Regulation (EC) No 987/2009 – Article 44(2) – Examination of entitlement to old-age pension – Taking into account of child-raising periods completed in another Member State – Applicability – Article 21 TFEU – Free movement of citizens
Reference for a preliminary ruling from the Sozialgericht Würzburg
Language of the case: German
Case C‑591/10 Littlewoods Retail and Others v Her Majesty's Commissioners of Revenue and Customs
Second and Sixth VAT Directives — Input tax — Refund of excess — Payment of interest — Procedures
Reference for a preliminary ruling from the High Court of Justice (England & Wales), Chancery Division
Language of the case: English
Joined Cases C‑628/10 P and C‑14/11 P Alliance One International and Standard Commercial Tobacco v Commission and Commission v Alliance One International and Others
Appeal — Competition — Agreements, decisions and concerted practices — Spanish market for the purchase and first processing of raw tobacco — Price-fixing and market-sharing — Infringement of Article 81 EC — Attributability of unlawful conduct of subsidiaries to their parent companies — Presumption of innocence — Rights of the defence — Obligation to state the reasons on which the decision is based — Equal treatment
Language of the case: English
Case C‑31/11 Scheunemann v Finanzamt Bremerhaven and Finanzamt Bremen-Mitte
Freedom of establishment — Free movement of capital — Direct taxation — Inheritance tax — Conditions for the calculation of the tax — Acquisition through inheritance of a shareholding, as sole shareholder, in a capital company established in a third country — National legislation excluding shareholdings in such companies from tax advantages
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑33/11 A Oy
Sixth Directive — Exemptions — Article 15(6) — Exemption for the supply of aircraft used by airlines operating for reward chiefly on international routes — Supply of aircraft to an operator who makes them available to such an undertaking — Concept of ‘operating for reward on international routes’ — Charter flights
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C‑44/11 Finanzamt Frankfurt am Main V-Höchst v Deutsche Bank
Directive 2006/112/EC — Article 56(1)(e) — Article 135(1)(f) and (g) — Exemption for transactions relating to the management of securities-based assets (portfolio management)
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-48/11 Veronsaajien oikeudenvalvontayksikkö v A Oy
Direct taxation — Freedom of establishment — Free movement of capital — EEA Agreement — Articles 31 and 40 — Directive 2009/133/EC — Scope — Exchange of shares between a company established in a Member State and a company established in a third State party to the EEA Agreement — Refusal of a tax advantage — Agreement on mutual administrative assistance in the field of taxation
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-62/11 Land Hessen v Feyerbacher
Protocol on the Statute of the European System of Central Banks and of the ECB — Article 36 — Protocol on the Privileges and Immunities of the European Communities — Articles 13, 15 and 23 — ECB Headquarters Agreement — Article 15 — Applicability to ECB staff of the provisions of German social welfare law providing for a parental allowance
Reference for a preliminary ruling from the Hessisches Landessozialgericht
Language of the case: German
Case C‑112/11 ebookers.com Deutschland v Verbraucherzentrale Bundesverband
Transport — Air transport — Common rules for the operation of air services in the European Union — Regulation (EC) No 1008/2008 — Obligation on the person selling air travel to ensure that the customer’s acceptance of optional price supplements is on an opt-in basis — Concept of ‘optional price supplements’ — Price of flight cancellation insurance provided by an independent insurance company and forming part of the overall price
Reference for a preliminary ruling from the Oberlandesgericht Köln
Language of the case: German
Case C‑130/11 Neurim Pharmaceuticals (1991) v Comptroller General of Patents
Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Article 3 — Conditions for obtaining a supplementary protection certificate — Medicinal product having obtained a valid marketing authorisation — First authorisation — Product successively authorised as a veterinary medicinal product and a human medicinal product
Reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)
Language of the case: English
Case C‑154/11 Mahamdia v People’s Democratic Republic of Algeria
Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Jurisdiction over individual contracts of employment — Contract with an embassy of a third State — Immunity of the employing State — Concept of branch, agency or other establishment within the meaning of Article 18(2) — Compatibility with Article 21 of an agreement conferring jurisdiction on the courts of the third State
Reference for a preliminary ruling from the Landesarbeitsgericht Berlin-Brandenburg
Language of the case: German
Case C‑160/11 Bawaria Motors v Minister Finansów
Directive 2006/112/EC — VAT — Article 136 — Exemptions — Articles 313 to 315 — Special margin scheme — Supply of second-hand vehicles by a taxable dealer — Vehicles previously supplied exempt from VAT to a taxable dealer by another taxable person which had a right of partial deduction of input tax
Reference for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Joined Cases C‑213/11, C‑214/11 and C‑217/11 Fortuna and Others v Dyrektor Izby Celnej w Gdyni
Internal market — Directive 98/34/EC — Technical standards and regulations — Procedure for the provision of information in the field of technical standards and regulations — Low-prize gaming machines — Prohibition of the amendment, extension and issue of operating authorisations — Concept of ‘technical regulation’
References for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Gdańsku
Language of the case: Polish
Case C-250/11 Lietuvos geležinkeliai v Vilniaus teritorinė muitinė and Muitinės departamentas prie Lietuvos Respublikos finansų ministerijos
Relief from customs duties and VAT exemptions on imports of goods — Fuel contained in the standard tanks of land motor vehicles — Notion of ‘motorised road vehicle’ — Locomotives — Road transport and transport by rail — Principle of equal treatment — Principle of neutrality
Reference for a preliminary ruling from the Mokestinių ginčų komisija prie Lietuvos Respublikos vyriausybės
Language of the case: Lithuanian
Case C‑263/11 Rēdlihs v Valsts ieņēmumu dienests
Sixth VAT Directive – Directive 2006/112/EC — Concept of ‘economic activity’ — Supplies of timber in order to alleviate the damage caused by a storm — Reverse charge procedure — Failure to register in the register of taxable persons — Fine — Principle of proportionality
Reference for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
Case C‑336/11 Receveur principal des douanes and Others v Rohm & Haas Electronic Materials CMP Europe and Others
Common Customs Tariff — Tariff classification — Combined Nomenclature — Polishing pads intended exclusively for semiconductor wafer-polishing machines — Tariff headings 3919 and 8466 (or 8486) — Definition of ‘parts’ or ‘accessories’
Reference for a preliminary ruling from the Cour d’appel de Lyon
Language of the case: French
Case C‑376/11 Pie Optiek v Bureau Gevers and European Registry for Internet Domains
Internet — .eu Top Level Domain — Regulation (EC) No 874/2004 — Domain names — Phased registration — Article 12(2) — Concept of ‘licensees of prior rights’ — Person authorised by the proprietor of a trade mark to register, in his own name but on behalf of that proprietor, a domain name identical or similar to that trade mark — No authorisation for other uses of the sign as a trade mark
Reference for a preliminary ruling from the cour d’appel de Bruxelles
Language of the case: French
Case C‑377/11 International Bingo Technology v Tribunal Económico Administrativo Regional de Cataluña
Sixth VAT Directive — Articles 11A(1)(a), 17(5) and 19(1) — Organisation of games of bingo — Legal obligation to use part of the card price to pay winnings to players — Calculation of the basis of assessment
Reference for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña
Language of the case: Spanish
Case C‑451/11 Dülger v Wetteraukreis
EEC-Turkey Association Agreement — Association Council Decision No 1/80 — Article 7, first paragraph — Right of residence of members of the family of a Turkish worker duly registered as belonging to the labour force of a Member State — Thai national who was married to a Turkish worker and lived with him for more than three years
Reference for a preliminary ruling from the Verwaltungsgericht Giessen
Language of the case: German
Case C‑470/11 Garkalns v Rīgas Dome
Article 49 EC — Restrictions on freedom to provide services — Equal treatment — Obligation of transparency — Betting and gaming — Casinos, amusement arcades and bingo halls — Obligation to obtain the prior agreement of the municipality of the place of establishment — Discretion — Substantial impairment of the interests of the State and of the residents of the administrative area concerned — Justifications — Proportionality
Request for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
Case C‑278/12 PPU Adil v Minister voor Immigratie, Integratie en Asiel
Area of freedom, security and justice − Regulation (EC) No 562/2006 — Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Articles 20 and 21 — Abolition of border control at internal borders — Checks within the territory − Measures having an equivalent effect to border checks − National legislation authorising checks of identity, nationality and residence status by officials responsible for border surveillance and monitoring of foreign nationals in a 20 kilometre area extending from the common border with other State parties to the Convention implementing the Schengen Agreement − Checks intended to combat illegal residence − Legislation laying down certain conditions and guarantees concerning, inter alia, the frequency and intensity of the checks
Reference for a preliminary ruling from the Raad van State
Language of the case: Dutch
Information (on unpublished decisions)
Case C-389/11 P Région Nord-Pas-de-Calais v Commission
Appeal — State aid — Construction of railway equipment — Decisions declaring aid incompatible with the common market and ordering its recovery
Case C‑25/12 P Trevisanato v Commission
Appeal — Article 119 of the Rules of Procedure — Application seeking an order that the Commission take a position concerning the interpretation and the transposition of a directive — Manifest inadmissibility
Case C‑73/12 Procura della Repubblica v Ettaghi
Reference for a preliminary ruling — No description of the dispute in the main proceedings — Manifest inadmissibility
Case C‑74/12 Procura della Repubblica v Tam
Reference for a preliminary ruling — No description of the dispute in the main proceedings — Manifest inadmissibility
Case C‑75/12 Procura della Repubblica v Abdel
Reference for a preliminary ruling — No description of the main proceedings — Manifestly inadmissible
Case C‑467/11 P Audi and Volkswagen v OHIM
Appeal — Community trade mark — Appeal which has become devoid of purpose — No need to adjudicate
Case C‑16/12 Hermes Hitel és Faktor v Nemzeti Földalapkezelő Szervezet
Reference for a preliminary ruling — General principles of European Union law — Forestry Act — Lack of connection to European Union law — Clear lack of jurisdiction of the Court
Case C‑582/11 P Rügen Fisch v OHIM
Appeal — Regulation (EC) No 40/94 — Article 7(1) and (2) — Community trade mark — Word mark SCOMBER MIX — Absolute ground for invalidity — Descriptive character
Case C‑181/11 P Cetarsa v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Spanish market for the purchase and first processing of raw tobacco — Decision finding an infringement of Article 81 EC — Price fixing and market sharing — Fines — Equal treatment — Maximum limit of 10% of turnover — Cooperation — Distortion of evidence — Manifest error of assessment — Failure to state reasons
Case C‑278/11 P Dover v Parliament
Appeal — Rules governing the payment of expenses and allowances to Members of the European Parliament — Review of the use of allowances — Parliamentary assistance allowance — Justification of expenditure — Recovery of undue payments
Case C‑372/11 P Power-One Italy v Commission
Appeal — Non‑contractual liability — Project co‑funded by the financial instrument ‘LIFE’ — Development of a new system of supplying power for use in mobile telephony (‘Pneuma’ project) — Commission decision to end the project and to recover the advance paid — Compensation for the loss allegedly sustained
Case C‑384/11 Tate & Lyle Investments v Belgische Staat
The first subparagraph of Article 104(3) of the Rules of Procedure — Article 63 TFEU — Tax legislation — Payment of dividends — Withholding tax — Prevention or mitigation of a series of charges to tax — Different treatment of resident recipient companies and non‑resident recipient companies
Case C‑407/11 P Government of Gibraltar v Commission
Appeal — Directive 92/43/EEC — Conservation of natural habitats — List of sites of Community importance for the Mediterranean biogeographical region — Inclusion in the list of the site ‘Estrecho oriental’ proposed by the Kingdom of Spain, which is stated to include an area of British Gibraltar territorial waters and an area of the high seas — Action for annulment — Application for partial annulment — Severability — Rights of the defence
Case C‑581/11 P Mugraby v Council and Commission
Appeal — Action for a declaration of failure to act — Infringement of fundamental rights and of the Association Agreement between the European Community and the Republic of Lebanon — Failure of the Council and of the Commission to take measures against the Republic of Lebanon — Action for damages — Appeal manifestly unfounded and manifestly inadmissible
Case C‑608/11 P Land Wien v Commission
Appeal — Nuclear energy — Extension of the nuclear power station at Mochovce (Slovak Republic) — Commission decision to take no further action on complaint — Action for annulment — Refusal by the Commission to send the documents requested — Action for failure to act — Minimum requirements laid down in Article 44(1)(c) of the Rules of Procedure of the General Court — Inadmissibility
Case C‑565/10 Commission v Italy
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Articles 3, 4 and 10 — Collection systems — Secondary or equivalent treatment — Treatment plants — Representative samples
Case C‑145/11 Commission v France
Failure of a Member State to fulfil obligations — Directive 2001/82/EC — Veterinary medicinal products — Decentralised procedure for the grant of marketing authorisation for a veterinary medicinal product in a number of Member States — Generic medicinal products similar to the reference medicinal products already authorised — Refusal to approve request by a Member State — Composition and form of the medicinal product
Case C‑264/11 P Kaimer and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Penalty — Copper and copper alloy fittings sector — Probative value of statements made in the context of the leniency policy
Joined Cases C‑587/11 P‑R and C‑588/11 P‑R Omnicare v OHIM
Interim relief — Appeals — Application for interim measures — Community trade mark
Case C‑110/12 P(R) Akhras v Council
Appeal — Application for interim measures — Restrictive measures against Syria — Freezing of funds and economic resources — Application for suspension of operation of measures and for interim measures — No urgency — No serious and irreparable damage
September 2012
Case C‑355/10 Parliament v Council
Schengen Borders Code — Decision 2010/252/EU — Surveillance of the sea external borders — Introduction of additional rules governing border surveillance — Commission’s implementing powers — Scope — Application for annulment
Language of the case: English
Case C‑42/11 Proceedings concerning the execution of a European arrest warrant issued against João Pedro Lopes Da Silva Jorge
Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and surrender procedures between Member States — Article 4(6) — Ground for optional non-execution of the European arrest warrant — Implementation in national law — Arrested person is a national of the issuing Member State — European arrest warrant issued for the purposes of enforcing a custodial sentence — Legislation of a Member State restricting the power not to execute the European arrest warrant to cases where the requested persons are nationals of that State
Reference for a preliminary ruling from the cour d’appel d’Amiens
Language of the case: French
Joined Cases C‑71/11 and C‑99/11 Bundesrepublik Deutschland v Y and Z
Directive 2004/83/EC — Minimum standards for determining who qualifies for refugee status or for subsidiary protection status — Article (2)(c) — Classification as a ‘refugee’ — Article 9(1) — Definition of ‘acts of persecution’ — Article 10(1)(b) — Religion as ground for persecution — Connection between the reasons for persecution and the acts of persecution — Pakistani nationals who are members of the Ahmadiyya religious community — Acts by the Pakistani authorities designed to prohibit the manifestation of a person’s religion in public — Acts sufficiently serious for the person concerned to have a well-founded fear of being persecuted on account of his religion — Individual assessment of the facts and circumstances — Article 4
References for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C‑83/11 Secretary of State for the Home Department v Rahman and Others
Directive 2004/38/EC — Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States — Article 3(2) — Obligation to facilitate, in accordance with national legislation, entry and residence for ‘any other family members’ who are dependants of a Union citizen
Reference for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber)
Language of the case: English
Case C‑38/10 Commission v Portugal
Failure of a Member State to fulfil obligations — Article 49 TFEU — Tax legislation — Transfer of residence for tax purposes — Transfer of assets — Immediate exit tax
Language of the case: Portuguese
Case C 262/10 Döhler Neuenkirchen v Hauptzollamt Oldenburg
Community Customs Code — Regulation (EEC) No 2913/92 — Article 204(1)(a) — Inward processing procedure — System of suspension — Incurrence of a customs debt — Non-fulfilment of an obligation to supply the bill of discharge within the prescribed period
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑490/10 Parliament v Council
Action for annulment — Regulation (EU, Euratom) No617/2010 — Notification to the Commission of investment projects in energy infrastructure within the European Union — Choice of legal basis — Article 337 TFEU and Article 187 EA — Article 194 TFEU
Language of the case: French
Case C–544/10 Deutsches Weintor v Land Rheinland-Pfalz
Reference for a preliminary ruling — Approximation of laws — Public health — Consumer information and protection — Labelling and presentation of foodstuffs — Concepts of ‘nutrition claims’ and ‘health claims’ — Regulation (EC) No 1924/2006 — Description of a wine as ‘easily digestible’ — Reference to reduced acidity levels — Beverages containing more than 1.2% by volume of alcohol — Prohibition of health claims — Charter of Fundamental Rights of the European Union — Article 15(1) — Freedom to choose an occupation — Article 16 — Freedom to conduct a business — Compatibility
Reference for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C‑619/10 Trade Agency v Seramico Investments
Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Enforcement — Grounds for challenge — Document instituting proceedings not served on the defendant — Review by the court in which enforcement is sought — Scope — Value of the information in the certificate — Infringement of public policy — Judgment lacking reasoning
Reference for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
Case C‑18/11 Commissioners for Her Majesty's Revenue & Customs v Philips Electronics UK
Freedom of establishment – Tax legislation – Corporation tax – Group relief – National legislation excluding the transfer of losses incurred in the national territory by a non-resident branch of a company established in another Member State to a company of the same group established in the national territory
Reference for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
Case C‑28/11 Eurogate Distribution v Hauptzollamt Hamburg-Stadt
Community Customs Code – Regulation (EEC) No 2913/92 – Article 204(1)(a) – Customs warehousing procedure – Customs debt incurred through non-fulfilment of an obligation – Delayed entry in stock records of information concerning the removal of goods from a customs warehouse
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C‑36/11 Pioneer Hi Bred Italia v Ministero delle Politiche Agricole, Alimentari e Forestali
Agriculture — Genetically modified organisms — Council Directive 2002/53/EC — Common catalogue of varieties of agricultural plant species — Genetically modified organisms accepted for inclusion in the common catalogue — Regulation (EC) No 1829/2003 — Article 20 — Existing products — Directive 2001/18/EC — Article 26a — Measures to avoid the unintended presence of genetically modified organisms — National measures prohibiting the cultivation of genetically modified organisms accepted for inclusion in the common catalogue and authorised as existing products pending measures based on Article 26a of Directive 2001/18/EC
Reference for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Joined Cases C‑147/11 and C‑148/11 Secretary of State for Work and Pensions v Czop and Punakova
Regulation (EEC) No 1612/68 — Directive 2004/38/EC — Right of permanent residence — Social assistance benefits — Care of a child — Period of residence completed before the State of origin acceded to the European Union
References for a preliminary ruling from the Upper Tribunal (Administrative Appeals Chamber)
Language of the case: English
Case C‑150/11 Commission v Belgium
Failure of a Member State to fulfil obligations — Directive 1999/37/EC — Registration documents for vehicles — Vehicles previously registered in another Member State — Change of ownership — Requirement of a roadworthiness test — Requirement of production of a certificate of conformity — Roadworthiness test carried out in another Member State — Non-recognition — Lack of justification
Language of the case: French
Case C‑170/11 Lippens and Others v Kortekaas and Others
Regulation (EC) No 1206/2001 — Cooperation in the taking of evidence in civil or commercial matters — Matters covered — Hearing by the court of a Member State of a witness who is a party in the main proceedings residing in another Member State — Possibility to summon a party as a witness before the competent court in accordance with the law of its Member State
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑190/11 Mühlleitner v Yusufi and Yusufi
Jurisdiction in civil and commercial matters — Jurisdiction over consumer contracts — Regulation (EC) No 44/2001 — Article 15(1)(c) — Possible limitation of that jurisdiction to distance contracts
Reference for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C‑273/11 Mecsek-Gabona v Nemzeti Adó- és Vámhivatal Dél-dunántúli Regionális Adó Főigazgatósága
VAT — Directive 2006/112/EC — Article 138(1) — Conditions of exemption for intra-Community transactions characterised by the obligation on the purchaser to ensure, as from the time of their loading, the transport of the goods of which it disposes as owner — Obligation on the vendor to prove that the goods have physically left the territory of the Member State of supply — Removal from the register, with retroactive effect, of the customer’s VAT identification number
Reference for a preliminary ruling from the Baranya Megyei Bíróság
Language of the case: Hungarian
Case C‑308/11 Chemische Fabrik Kreussler v Sunstar Deutschland
Directive 2001/83/EC — Medicinal products for human use — Article 1(2)(b) — Meaning of ‘medicinal product by function’ — Definition of the term ‘pharmacological action’
Reference for a preliminary ruling from the Oberlandesgericht Frankfurt am Main
Language of the case: German
Case C‑324/11 Tóth v Nemzeti Adó- és Vámhivatal Észak-magyarországi Regionális Adó Főigazgatósága
Taxation — VAT — Directive 2006/112/EC — Article 9 — Meaning of taxable person — Right to deduct — Refusal — Principle of tax neutrality — Issuer of the invoice removed from the business register — Issuer of the invoice having failed to declare his employees to the tax authority — Obligation of the taxable person to satisfy himself as to the propriety of the conduct of the issuer of that invoice vis-à-vis the tax authority
Reference for a preliminary ruling from the Legfelsőbb Bíróság
Language of the case: Hungarian
Case C‑380/11 DI VI Finanziaria di Diego della Valle & C. SapA v Directeur de l'Administration des contributions en matière d'impôts
Freedom of establishment — Article 49 TFEU — Tax legislation — Capital tax — Conditions for granting a reduction in capital tax — Situation where a company is no longer liable to capital tax following transfer of its seat to another Member State — Restriction — Justification — Overriding reasons in the public interest
Reference for a preliminary ruling from the tribunal administratif (Luxembourg)
Language of the case: French
Joined Cases C‑422/11 P and C‑423/11 P Prezes Urzędu Komunikacji Elektronicznej and Poland v Commission
Appeals — Action for annulment — Inadmissibility of the action — Representation before the Courts of the European Union — Lawyer — Independence
Language of the case: Polish
Case C‑471/11 Cido Grupa v Valsts ieņēmumu dienests
Accession of new Member States — Transitional measures — Agricultural products — Sugar — Regulation (EC) No 60/2004 — Basis of assessment and rate applicable for the charge on surplus stocks
Reference for a preliminary ruling from the Augstākās Tiesas Senāts
Language of the case: Latvian
Case C‑487/11 Treimanis v Valsts ieņēmumu dienests
Regulation (EEC) No 918/83 — Articles 1(2)(c), 2 and 7(1) — Relief from import duties on personal property — The term ‘property intended … for meeting … household needs’ — Motor vehicle imported into the European Union — Vehicle used by a member of the family of the importing owner
Reference for a preliminary ruling from the Administratīvā rajona tiesa
Language of the case: Latvian
Case C‑496/11 Portugal Telecom v Fazenda Pública
VAT — Sixth Directive — Articles 17(2) and 19 — Deductions — VAT due or paid for services acquired by a holding company — Services having a direct, immediate and unequivocal relationship with taxable output transactions
Reference for a preliminary ruling from theTribunal Central Administrativo Sul
Language of the case: Portuguese
Case C‑524/11 Lowlands Design Holding v Minister van Financiën
Common Customs Tariff — Combined Nomenclature — Tariff classification — Romper bags for babies and young children — Subheadings 6209 20 00 or 6211 42 90
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑43/10 Nomarchiaki Aftodioikisi Aitoloakarnanias and Others v Ipourgos Perivallontos, Chorotaxias kai Dimosion ergon and Others
Reference for a preliminary ruling — Directives 85/337/EEC, 92/43/EEC, 2000/60/EC and 2001/42/EC — Community action in the field of water policy — Diversion of the course of a river — Meaning of the time limit for production of river basin management plans
Reference for a preliminary ruling from the Simvoulio tis Epikratias
Language of the case: Greek
Joined Cases C‑113/10, C‑147/10 and C‑234/10 Zuckerfabrik Jülich and Others v Hauptzollamt Aachen and Others
Common agricultural policy — Common organisation of the markets — Producers of sugar and of isoglucose — Calculation of production levies — Validity of a method of calculation taking into account fictitious refund amounts for those quantities of sugar exported without refund — Retroactive effect of the legislation — Exchange rate — Award of interest
References for a preliminary ruling brought by the Finanzgericht Düsseldorf, by the High Court of Justice of England and Wales, Chancery Division and the tribunal de grande instance de Nanterre
Languages of the case: German, English and French
Case C‑587/10 VSTR v Finanzamt Plauen
Taxation — Value added tax — Supply of goods — Taxation of chain transactions — Refusal to exempt on grounds of failure to produce the VAT identification number of the person acquiring goods
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑137/11 Partena v Les Tartes de Chaumont-Gistoux
Social security for migrant workers — Regulation (EEC) No 1408/71 — Articles 13 and 14c — Legislation applicable — Self-employed persons — Social security scheme — Insurance — Person employed or unemployed in a Member State — Self-employed activity in another Member State — Company agent — Residence in a Member State other than the State where the company has its registered office — Management of the company from the State of residence — National legislation establishing an irrebuttable presumption of pursuing a professional activity as a self-employed person in the Member State where the company has its registered office — Obligatory insurance with that State’s social security scheme for self-employed persons
Reference for a preliminary ruling from the Cour du travail de Bruxelles
Language of the case: French
Case C‑179/11 Cimade and GISTI v Ministre de l'Intérieur, de l'Outre-mer, des Collectivités territoriales et de l'Immigration
Applications for asylum — Directive 2003/9/EC — Minimum standards for the reception of asylum seekers in the Member States — Regulation (EC) No 343/2003 — Obligation to guarantee asylum seekers minimum reception conditions during the procedure of taking charge or taking back by the responsible Member State — Determining the Member State obliged to assume the financial burden of the minimum conditions
Reference for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
Case C‑392/11 Field Fisher Waterhouse v Commissioners for Her Majesty's Revenue and Customs
VAT – Exemption for leasing of immovable property – Leasing of commercial premises – Services connected with the leasing – Classification of the transaction for VAT purposes – Transaction consisting of a single supply or several independent supplies
Reference for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Information (on unpublished decisions)
Case C‑96/11 P August Storck v OHIM
Appeal — Community trade mark — Absolute ground for refusal — Lack of distinctive character — Three-dimensional sign consisting of the shape of a chocolate mouse
Case C‑327/11 P United States Polo Association v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Likelihood of confusion — Word mark ‘U.S. POLO ASSN.’ — Opposition by the holder of the earlier word mark ‘POLO-POLO’
Case C‑495/11 P Total and Elf Aquitaine v Commission
Appeal — Regulation (EC) No 1/2003 — Competition — Agreements, decisions and concerted practices — Infringement of the principles of conferred powers and of proportionality — Manifestly incorrect interpretation — Infringement of the rights of the defence and of the principles of equity and of the equality of arms — Duty to state reasons
Case C‑587/11 P Omnicare v OHIM
Appeal — Community trade mark — Application for registration of the word sign ‘OMNICARE CLINICAL RESEARCH’ — Opposition — Decision of the Board of Appeal rejecting the application for registration — Action — Judgment of the General Court dismissing that action — Withdrawal of the opposition — Appeal — No need to adjudicate
Case C‑588/11 P Omnicare v OHIM
Appeal — Community trade mark — Application for registration of the word sign ‘OMNICARE’ — Opposition — Decision of the Board of Appeal rejecting the application for registration — Action — Judgment of the General Court dismissing that action — Withdrawal of the opposition — Appeal — No need to adjudicate
Case C‑197/07 P-DEP TDK Kabushiki Kaisha v Aktieselskabet af 21. november 2001 and OHIM
Taxation of costs
Case C‑540/11 Levy and Sebbag v Belgian State
Free movement of capital — Direct taxation — Taxation of dividends — Bilateral convention which precludes double taxation — Subsequent amendment, by one of the two States party to the convention, of its national legislation, having the effect of reintroducing double taxation — Obligations of the Member States under Articles 10 EC and 293 EC
Case C‑69/12 P Noscira v OHIM
Appeal — Original signed copy of the application lodged after the time limit — Regularisable defect — Excusable error — Appeal manifestly unfounded
Case C‑624/11 P Brighton Collectibles v OHIM
Appeal — Community trade mark — Regulations (EC) No 40/94 and (EC) No 207/2009 — Article 8(4) — Community word mark BRIGHTON — Opposition proceedings — Interpretation of the provisions of national law on relative grounds for refusal of registration
October 2012
Case C–22/11 Finnair v Lassooy
Air transport — Regulation (EC) No 261/2004 — Compensation for passengers in the event of denied boarding — Concept of ‘denied boarding’ — Exclusion from characterisation as ‘denied boarding’ — Cancellation of a flight caused by a strike at the airport of departure — Rescheduling of flights after the cancelled flight — Right to compensation of the passengers on those flights
Reference for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Case C‑75/11 Commission v Austria
Failure of a Member State to fulfil obligations — Citizenship of the Union − Right to move and reside freely − Articles 20 TFEU and 21 TFEU − Discrimination on grounds of nationality − Article 18 TFEU − Directive 2004/38/EC − Article 24 — Derogation − Scope − Member State in which reduced fares on public transport are granted only to students whose parents are in receipt of family allowances in that Member State
Language of the case: German
Case C‑115/11 Format Urządzenia i Montaże Przemysłowe v Zakład Ubezpieczeń Społecznych I Oddział w Warszawie
Social security — Determination of the legislation applicable — Regulation (EEC) No 1408/71 — Article 14(2)(b) — Person normally employed in the territory of two or more Member States — Successive employment contracts — Employer established in the Member State of habitual residence of the worker — Employment performed exclusively in other Member States
Reference for a preliminary ruling from the Sąd Apelacyjny — Sąd Pracy i Ubezpieczeń Społecznych w Warszawie
Language of the case: Polish
Case C‑249/11 Byankov v Glaven sekretar na Ministerstvo na vatreshnite raboti
Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States — Directive 2004/38/EC — Article 27 — Administrative prohibition on leaving the territory on account of failure to pay a debt owed to a private legal person — Principle of legal certainty with regard to administrative acts which have become final — Principles of equivalence and effectiveness
Reference for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C‑321/11 Rodríguez Cachafeiro and Martínez-Reboredo Varela-Villamor v Iberia
Air transport — Regulation (EC) No 261/2004 — Compensation for passengers in the event of denied boarding — Concept of ‘denied boarding’ — Cancellation of a passenger’s boarding card by an air carrier because of the anticipated delay to an earlier flight also operated by it which included check-in for the flight concerned
Reference for a preliminary ruling from the Juzgado de lo Mercantil No 2 de A Coruña
Language of the case: Spanish
Case C‑390/11 CS AGRO Ronov v Ministerstvo zemědělství
Agriculture — Sugar sector — Common organisation of the markets — Application for restructuring aid — Undertaking by the producer to cease delivery of a certain quantity of quota sugar beet — Definition — Unilateral declaration of the producer — Refusal to grant aid — Need to terminate the existing delivery contract
Reference for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C‑550/11 PIGI v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Taxation — VAT — Directive 2006/112/EC — Right to deduction — Adjustment — Theft of goods
Reference for a preliminary ruling from the Administrativen sad — Varna
Language of the case: Bulgarian
Case C‑364/10 Hungary v Slovakia
Failure of a Member State to fulfil obligations — Article 259 TFEU — Citizenship of the European Union — Article 21 TFEU — Directive 2004/38/EC — Right to move within the territory of the Member States — President of Hungary — Prohibition on entering the territory of the Slovak Republic — Diplomatic relations between Member States
Language of the case: Slovak
Case C‑614/10 Commission v Austria
Failure of a Member State to fulfil obligations – Directive 95/46/EC – Processing of personal data and free movement of such data – Protection of natural persons – Article 28(1) – National supervisory authority – Independence – Supervisory authority and the Federal Chancellery – Personal and organisational links
Language of the case: German
Case C-301/10 Commission v United Kingdom
Failure of a Member State to fulfil obligations – Pollution and nuisance – Urban waste water treatment – Directive 91/271/EEC – Articles 3, 4 and 10 – Annex I(A) and (B)
Language of the case: English
Case C-385/10 Elenca v Ministero dell'Interno
Free movement of goods – Quantitative restrictions and measures having equivalent effect – Internal liners in flues and chimney pipes – Lack of CE conformity marking – Marketing precluded
Reference for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑498/10 X NV v Staatssecretaris van Financiën
Freedom to provide services — Restrictions — Fiscal legislation — Obligation on the recipient of a service, established in the national territory, to withhold at source the wages tax on the remuneration due to a service provider established in another Member State — No such obligation in respect of a service provider established in the same Member State
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑502/10 State Secretary van Justitie v Mangat Singh
Directive 2003/109/EC – Status of third-country nationals who are long-term residents – Scope – Article 3(2)(e) – Residence based on a formally limited permit
Reference for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C‑583/10 The United States of America v Nolan
Reference for a preliminary ruling – Directive 98/59/EC – Protection of workers – Collective redundancies – Scope – Closure of an American military base – Information and consultation of workers – Time at which the consultation obligation arises – Lack of jurisdiction of the Court
Reference for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
Case C-603/10 Pelati v Republika Slovenija
Approximation of laws – Directive 90/434/EEC – Common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States – Article 11(1)(a) – National legislation under which authorisation must be obtained for the grant of tax advantages – Application for authorisation to be made at least 30 days before the proposed operation is effected
Reference for a preliminary ruling from the Upravno sodišče Republike Slovenije
Language of the case: Slovene
Case C-37/11 Commission v Czech Republic
Failure of a Member State to fulfil obligations – Admissibility – Regulation No 1234/2007 – Article 115 – Annex XV – Point I(2) – Appendix to Annex XV – Part A – Sales designations ‘butter’ and ‘dairy spread’ – Sales designation ‘pomazánkové máslo’ (butter spread) – List of derogations
Language of the case: Czech
Joined Cases C-101/11 P and C-102/11 P Neuman and Galdeano del Sel v OHIM and OHIM v José Manuel Baena Grupo
Appeals – Community design – Regulation (EC) No 6/2002 – Articles 6, 25(1)(b) and (e), and 61 – Registered Community design or model representing a seated figure – Earlier Community figurative mark – Different overall impression – Degree of freedom of the designer – Informed user – Scope of judicial review – No statement of reasons
Language of the case: Spanish
Case C-173/11 Football Dataco and Others v Sportradar and Sportradar
Directive 96/9/EC – Legal protection of databases – Article 7 – Sui generis right – Database relating to football league matches in progress – Concept of re‑utilisation – Localisation of the act of re-utilisation
Reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)
Language of the case: English
Case C-218/11 Édukövízig and Hochtief Solutions (formerly Hochtief Construction) v Közbeszerzések Tanácsa Közbeszerzési Döntőbizottság
Directive 2004/18/EC – Public works contracts, public supply contracts and public service contracts – Articles 44(2) and 47(1)(b), (2) and (5) – Economic and financial standing of tenderers – Minimum capacity established on the basis of a single accounting indicator – Accounting indicator liable to be influenced by divergences between national laws as regards annual company accounts
Reference for a preliminary ruling from the Fővárosi Ítélőtábla
Language of the case: Hungarian
Case C‑234/11 TETS Haskovo v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Taxation − VAT − Right of deduction − Contribution in kind − Destruction of property − New buildings – Adjustment
Reference for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
Joined Cases C-302/11 to C-305/11 Valenza and Others v Autorità Garante della Concorrenza e del Mercato
Social policy – Directive 1999/70/EC − Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 − Fixed-term employment contracts in the public sector – National Competition Authority – Stabilisation procedure – Recruitment of workers employed for a fixed term as career civil servants without a public competition – Determination of length of service – Complete disregard of periods of service completed under fixed-term employment contracts – Principle of non-discrimination
References for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑371/11 Punch Graphix Prepress Belgium v Belgische Staat
Reference for a preliminary ruling – Admissibility – Reference by domestic law to European Union law – Directive 90/435/EEC – Directive 90/434/EEC – Prevention of economic double taxation – Exception – Liquidation of a subsidiary upon a merger – Distribution of profits – Concept of ‘liquidation’
Reference for a preliminary ruling from the hof van beroep te Gent
Language of the case: Dutch
Case C‑402/11 P Jager & Polacek v OHIM
Appeal – Community trade mark – Opposition – Regulation (EC) No 2868/95 – Rule 18(1) – Legal nature of a communication from OHIM informing a party that an opposition has been found to be admissible – Right to an effective legal remedy
Language of the case: German
Case C‑428/11 Purely Creative and Others v Office of Fair Trading
Directive 2005/29/EC – Unfair commercial practices – Practice of informing the consumer that he has won a prize and obliging him, in order to receive that prize, to incur a cost of whatever kind
Reference for a preliminary ruling from the la Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
Case C‑525/11 Mednis v Valsts ieņēmumu dienests
VAT – Directive 2006/112/EC – Article 183 – Conditions for the refund of the excess VAT – National legislation deferring the refund of part of the excess VAT pending examination of the taxable person’s annual tax return – Principles of fiscal neutrality and proportionality
Reference for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
Case C-300/10 Marques Almeida v Companhia de Seguros Fidelidade and Others
Insurance against civil liability in respect of the use of motor vehicles – Directive 72/166/EEC – Article 3(1) – Directive 84/5/EEC – Article 2(1) – Directive 90/232/EEC – Article 1 – Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles – Civil liability of the insured person – Victim’s contribution to loss or injury – Limitation of the right to compensation
Reference for a preliminary ruling from the Tribunal da Relação de Guimarães
Language of the case: Portuguese
Joined Cases C‑581/10 and C‑629/10 Nelson and Others v Deutsche Lufthansa and Civil Aviation Authority
Air transport – Regulation (EC) No 261/2004 – Articles 5 to 7 – Montreal Convention – Articles 19 and 29 – Right to compensation in the event of delay of flights – Compatibility
References for a preliminary ruling from the Amtsgericht Köln (Germany) and the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court)
Languages of the case: German and English
Case C‑557/10 Commission v Portugal
Failure of a Member State to fulfil obligations – Transport – Development of the Community’s railways – Directive 91/440/EEC – Article 5(3) – Rail transport undertakings – Freedom of management – Decisions on staff, assets and own procurement – Article 7(3) – Grant of financing to the infrastructure manager – Directive 2001/14/EC – Article 6(1) – Balancing the accounts – Appropriate conditions – Incomplete transposition
Language of the case: Portuguese
Case C-133/11 Folien Fischer and Fofitec v Ritrama
Area of freedom, security and justice – Jurisdiction in civil and commercial matters – Special jurisdiction in tort, delict or quasi-delict – Action for a negative declaration (‘negative Feststellungsklage’) – Whether a person alleged to have committed a harmful act may bring a person who might be adversely affected before the courts with jurisdiction for the place where the act allegedly occurred or may occur, seeking a declaration that there is no liability in tort or delict
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Joined Cases C-318/11 and C-319/11 Daimler and Widex v Skatteverket
Common system of value added tax – Directive 2006/112/EC – Articles 170 and 171 – Eighth VAT Directive – Article 1 – Directive 2008/9/EC – Article 3(a) – Arrangements for the refund of value added tax to taxable persons not established in the territory of the country – Taxable persons established in one Member State and carrying out in another Member State only technical testing or research activities
References for a preliminary ruling from the Förvaltningsrätten i Falun
Language of the case: Swedish
Case C‑367/11 Prete v Office national de l'emploi
Freedom of movement for persons – Article 39 EC – National of a Member State seeking employment in another Member State – Equal treatment – Tideover allowance for young persons seeking their first job – Grant subject to completion of at least six years’ studies in the host State
Reference for a preliminary ruling from the Cour de cassation (Belgium)
Language of the case: French
Case C‑387/11 Commission v Belgium
Failure of a Member State to fulfil obligations – Articles 49 TFEU and 63 TFEU – Articles 31 and 40 of the EEA Agreement – Taxation of income from capital and movable property – Resident and non-resident investment companies – Withholding tax – Setting off of withholding tax – Exemption of income from capital and movable property – Discrimination – Justifications
Language of the case: French
Case C‑553/11 Rintisch v Eder
Trade marks – Directive 89/104/EEC – Article 10(1) and (2)(a) – Genuine use – Use in a form, itself registered as a trade mark, differing in elements which do not alter the distinctive character of the mark – Temporal effects of a judgment
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑557/11 Kozak v Dyrektor Izby Skarbowej w Lublinie
VAT – Directive 2006/112/EC – Articles 306 to 310 – Special scheme for travel agents – Transport services carried out by travel agents acting in their own name – Concept of single service – Article 98 – Reduced VAT rate
Reference for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C‑592/11 Anssi Ketelä
Agriculture – Regulations (EC) No 1698/2005 and 1974/2006 – Setting up aid for young farmers – Conditions for grant – Setting up for the first time on an agricultural holding as head of the holding – Conditions governing applicability where the person concerned sets up using a legal person
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Information (on unpublished decisions)
Case C‑649/11 P Cooperativa Vitivinícola Arousana v OHIM
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Likelihood of confusion – Word mark ROSALIA DE CASTRO – Opposition by the proprietor of the national word mark ROSALIA
Case C‑391/11 Commission v Belgium
Failure of a Member State to fulfil obligations – Directive 2000/53/EC – Article 2(3) – Protection of the environment – End-of-life vehicles – Notion of producer
Case C‑403/11 Commission v Spain
Failure of Member State to fulfil obligations – Directive 2000/60/EC – River basin management plans – Publication and reporting to the Commission – Public information and consultation – Failure to undertake
Case C‑502/11 Vivaio dei Molini Azienda Agricola Porro Savoldi v Autorità per la Vigilanza sui Contratti Pubblici di lavori, servizi e forniture
Public works contracts – Directive 93/37/EEC – Article 6 – Principles of equal treatment and openness – Admissibility of rules reserving the right to participate in public tendering procedures to companies engaged in a commercial activity and excluding civil partnerships (società semplici) – Institutional and statutory objectives – Agricultural undertakings
Case C‑559/11 Pelckmans Turnhout v Walter Van Gastel Balen and Others
Articles 92(1) and 103(1), and first subparagraph of Article 104(3) of the Rules of Procedure – Directive 2005/29/EC – Unfair commercial practices – National legislation prohibiting the opening of an establishment seven days a week
Case C‑597/11 P Evropaïki Dynamiki v Commission
Appeal – Public contract awarded by the Commission – Rejection of a tender – Obligation to state reasons – Regulation (EC, Euratom) No 1605/2002 – Article 89 – Regulation (EC, Euratom) No 2342/2002 – Articles 140 and 141 – Period allowed for the receipt of tenders – Period allowed for the submission of requests for information
Case C‑629/11 P Evropaïki Dynamiki v Commission
Appeal – Public contract awarded by the Commission – Rejection of the tender – Obligation to state the reasons on which the decision is based – Regulation (EC, Euratom) No 1605/2002 – Article 100(2) – Time-limit for replying to a request for information – Regulation (EC, Euratom) No 2342/2002 – Article 149(2
Case C‑669/11 ED et F Man Alcohols v Viniflhor
Protection of the financial interests of the European Union – Regulation (EC, Euratom) No 2988/95 – Scope ratione materiae – Meaning of ‘detriment to the financial interests of the European Union’ – Individual invitation to tender for the export of vinous alcohol held by intervention agencies – Export of quantities of alcohol outside the European Union after the expiry of the prescribed time-limit – Retention of the performance guarantee – Administrative measures – Administrative penalties – Regulation (EC) No 360/95 – Regulation (EC) No 1623/2000 – Retroactive application of a less severe penalty
Case C‑497/11 P Greece v Commission
Appeal – ERDF – Reduction in financing – Objective 1 operational programme (1994‑1999), ‘Accessibility and Trunk Roads’ in Greece – Delegation of auxiliary tasks by the Commission to third parties – Professional secrecy – Rate of financial correction – Discretion of the Commission – Judicial review
Case C‑611/11 P ara v OHIM
Appeal – Community trade mark – Regulation (EC) No 207/2009 – Article 8(1)(b) – International registration designating the European Community – Figurative mark A with two triangular motifs – Earlier national word mark A – Relative grounds for refusal – No likelihood of confusion
Case C‑31/12 Prokuratura Rejonowa w Zakopanem v Ziemski and Kozak
Reference for a preliminary ruling – No description of the main proceedings – Manifest inadmissibility
Case C‑554/11 P Internationaler Hilfsfonds v Commission
Appeal – Access to documents – Refusal of full access to documents relating to contract LIEN 97‑2011 – Action for annulment – Fresh examination in the course of proceedings – Bringing a separate annulment action
Case C‑252/11 Šujetová v Rapid life životná poisťovňa
Reference for a preliminary ruling — No need to adjudicate
Case C‑164/11 Commission v France
Failure of a Member State to fulfil obligations — Directive 2003/96/EC — Taxation of energy products and electricity — Failure to transpose within the prescribed period
Case C‑168/12 P(R) Hassan v Council
Appeal – Application for interim measures – Restrictive measures against Syria – Freezing of funds and economic resources – Application for suspension of operation and interim measures – Lack of any urgency
November 2012
Case C‑551/10 P Éditions Odile Jacob v Commission
Appeal – Concentrations of undertakings in the book publishing market – Regulation (EEC) No 4064/89 – Nominee holding agreement – Ineffective grounds
Language of the case: French
Joined Cases C‑553/10 P and C‑554/10 P Commission v Éditions Odile Jacob and Lagardère v Commission
Appeals – Merger of undertakings in the book publishing market – Annulment of the decision to approve an investment company as the purchaser of the assets sold – Significance of a trustee’s possible lack of independence
Language of the case: French
Case C‑199/11 Europese Gemeenschap v Otis and Others
Representation of the European Union before national courts — Articles 282 EC and 335 TFEU — Claim for damages in respect of loss caused to the European Union by a cartel — Article 47 of the Charter of Fundamental Rights of the European Union — Right to fair hearing — Right of access to a tribunal — Equality of arms — Article 16 of Regulation No 1/2003
Reference for a preliminary ruling from the rechtbank van koophandel te Brussel
Language of the case: Dutch
Case C‑245/11 K v Bundesasylamt
Regulation (EC) No 343/2003 – Determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third‑country national – Humanitarian clause – Article 15 of that regulation – Person who enjoys asylum in a Member State and is dependent on the assistance of an asylum seeker because she suffers from a serious illness – Article 15(2) of the regulation – Obligation on that Member State, which is not responsible according to the criteria laid down in Chapter III of that regulation, to examine the application for asylum made by that asylum seeker – Conditions
Reference for a preliminary ruling from the Asylgerichtshof
Language of the case: German
Case C‑286/12 Commission v Hungary
Failure of a Member State to fulfil obligations — Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Articles 2 and 6(1) — National scheme requiring compulsory retirement of judges, prosecutors and notaries on reaching the age of 62 — Legitimate objectives justifying a difference in treatment vis-à-vis workers under the age of 62 — Proportionality of the duration of the transitional period
Language of the case: Hungarian
Case C‑342/10 Commission v Finland
Failure of a Member State to fulfil obligations — Free movement of capital — Article 63 TFEU — EEA Agreement — Article 40 — Taxation of dividends paid to non-resident pension funds
Language of the case: Finnish
Case C‑511/10 Finanzamt Hildesheim v BLC Baumarkt
Sixth VAT Directive — Article 17(5), third subparagraph — Right to deduct input VAT — Goods and services used both for taxable transactions and exempt operations — Rental of a building for commercial and habitation purposes — Criteria for calculation prorata deduction of VAT
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑40/11 Iida v Stadt Ulm
Articles 20 TFEU and 21 TFEU – Charter of Fundamental Rights of the European Union – Article 51 – Directive 2003/109/EC – Third-country nationals – Right of residence in a Member State – Directive 2004/38/EC – Third-country nationals who are family members of Union citizens – Third-country national neither accompanying nor joining a Union citizen in the host Member State and remaining in the citizen’s Member State of origin – Right of residence of a third-country national in the Member State of origin of a citizen residing in another Member State – Citizenship of the Union – Fundamental rights
Reference for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg
Language of the case: German
Case C‑165/11 Daňové riaditeľstvo Slovenskej republiky v Profitube
Sixth VAT Directive – Applicability – Community customs code – Goods from a non-member State placed under the customs warehousing procedure in the territory of a Member State – Processing of the goods under inward processing arrangements in the form of a system of suspension – Goods sold and placed once again under the customs warehousing procedure – Goods kept in the same customs warehouse during all the transactions – Supply of goods effected for consideration in national territory – Chargeable event for VAT
Reference for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
Joined Cases C‑229/11 and C‑230/11 Heimann and Toltschin v Kaiser
Social policy — Directive 2003/88/EC — Short-time working (‘Kurzarbeit’) — Reduction of paid annual leave on the basis of short-time working — Allowance in lieu
Reference for a preliminary ruling from the Arbeitsgericht Passau
Language of the case: German
Case C‑244/11 Commission v Greece
Failure of a Member State to fulfil obligations — Articles 43 EC and 56 EC — Scheme under which prior authorisation is required for the acquisition of voting rights representing 20% or more of the share capital in certain ‘strategic public limited companies’ — Arrangements for ex post control of certain decisions taken by those companies
Language of the case: Greek
Case C‑268/11 Gülbahce v Freie und Hansestadt Hamburg
Reference for a preliminary ruling — EEC‑Turkey Association Agreement — Decision No 1/80 of the Association Council — Article 6(1), first indent — Rights of Turkish workers duly registered as belonging to the labour force — Retroactive withdrawal of a residence permit
Reference for a preliminary ruling from the Hamburgisches Oberverwaltungsgericht
Language of the case: German
Case C‑271/11 Techniko Epimelitirio Elladas and Others v Ipourgos Esoterikon, Dimosias Diikisis kai Apokentrosis and Others
Air transport – Regulation No 2042/2003 – Technical requirements and administrative procedures in the field of civil aviation – Continuing airworthiness of aircraft – Approval of members of staff involved in tasks of inspection – Qualifications required
Reference for a preliminary ruling from the Simvoulio tis Epikratias
Language of the case: Greek
Case C‑299/11 Staatssecretaris van Financiën v Gemeente Vlaardingen
Taxation — VAT — Taxable transactions — Application for the purposes of a business of goods obtained ‘in the course of such business’ — Treatment as a supply for consideration — Sports pitches belonging to the taxable person and transformed by a third person
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑351/11 KGH Belgium v Belgische Staat
Customs debt – Post-clearance recovery of import or export duties – Entry of duty in the accounts – Practical procedures
Reference for a preliminary ruling from the rechtbank van eerste aanleg te Antwerpen
Language of the case: Dutch
Case C–433/11 SKP v Polhošová
Reference for a preliminary ruling – Lack of adequate information on the factual and legal context of the dispute in the main proceedings – Questions submitted in a context which precludes any useful answer – Lack of information on the reasons justifying the need for a reply to the questions referred – Manifest inadmissibility
Reference for a preliminary ruling from the Krajský súd v Prešove
Language of the case: Slovak
Case C‑438/11 Lagura Vermögensverwaltung v Hauptzollamt Hamburg-Hafen
Community customs code - Article 220(2)(b) — Post-clearance recovery of import duties — Legitimate expectations — Impossibility of verifying the accuracy of a certificate of origin — Notion of ‘certificate based on an incorrect account of the facts provided by the exporter’ — Burden of proof — Scheme of generalised tariff preferences
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C‑461/11 Radziejewski v Kronofogdemyndigheten
Freedom of movement for workers – Article 45 TFEU – Total or partial debt relief procedure – Debtor who is a natural person – National legislation making the grant of debt relief subject to a residence condition
Reference for a preliminary ruling from the Stockholms tingsrätt
Language of the case: Swedish
Case C‑469/11 P Evropaïki Dynamiki v Commission
Appeal – Action for damages – Rejection of a bid submitted in a European Union tendering procedure – Limitation period – Point from which time starts to run – Application of the extension of time on account of distance
Language of the case: English
Case C‑35/11 Test Claimants in the FII Group Litigation v Commissioners of Inland Revenue and Commissioners for Her Majesty's Revenue & Customs
Articles 49 TFEU and 63 TFEU — Payment of dividends — Corporation tax — Case C‑446/04 — Test Claimants in the FII Group Litigation — Interpretation of the judgment — Prevention of economic double taxation — Equivalence of the exemption and imputation methods — Meaning of ‘tax rates’ and ‘different levels of taxation’ — Dividends from third countries
Reference for a preliminary ruling from the High Court of Justice of England and Wales, Chancery Division
Language of the case: English
Joined Cases C-539/10 P and C-550/10 P Al-Aqsa v Council and Netherlands v Al-Aqsa
Appeals – Common foreign and security policy – Combating terrorism – Restrictive measures against certain persons and entities – Freezing of assets – Common Position 2001/931/CFSP – Article 1(4) and (6) – Regulation (EC) No 2580/2001 – Article 2(3) – Inclusion of an organisation on the list of persons, groups and entities involved in terrorist acts and maintaining it on that list – Conditions – Decision of a competent authority – Repeal of a national measure – Actions for annulment – Admissibility of the appeal – Right to respect for property – Principle of proportionality – Article 253 EC – Obligation to state the reasons on which a decision is based
Language of the case: Dutch
Case C‑34/11 Commission v Portugal
Failure of a Member State to fulfil obligations – Pollution control – Limit values for concentrations of PM10 in ambient air
Language of the case: Portuguese
Case C‑56/11 Raiffeisen-Waren-Zentrale Rhein-Main v Saatgut-Treuhandverwaltung
Community plant variety rights — Regulation (EC) No 2100/94 — Processing services — Obligation of the supplier of processing services to provide information to the holder of the Community right — Requirements regarding the time and content of an application for information
Reference for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C‑131/11 Pfeifer & Langen v Hauptzollamt Aachen
Agriculture – Regulation (EEC) No 1443/82 – Article 3(4) – Application of the quota system in the sugar sector – Surplus quantity of sugar found by the national authorities of a Member State during an a posteriori investigation carried out at the producer’s premises – Whether that surplus is to be taken into account when establishing the final production figures for the marketing year during which the difference came to light
Reference for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C‑174/11 Finanzamt Steglitz v Zimmermann
Sixth VAT Directive – Exemptions – Article 13A(1)(g) and (2) – Services closely linked to welfare and social security work supplied by bodies governed by public law or organisations recognised as charitable – Recognition – Conditions not applicable to organisations other than bodies governed by public law – Discretion of the Member States – Limits – Principle of fiscal neutrality
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑180/11 Bericap Záródástechnikai v Plastinnova 2000
Directive 2004/48/EC — Rules governing the examination of evidence in a dispute before a national court before which an application for annulment of the protection of a utility model has been brought — Powers of the national court — Paris Convention — TRIPS Agreement
Reference for a preliminary ruling from the Fővárosi Bíróság
Language of the case: Hungarian
Case C‑417/11 P Council v Bamba
Appeal – Common foreign and security policy – Specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire – Freezing of funds – Article 296 TFEU – Obligation to state the reasons on which a decision is based – Rights of the defence – Right to an effective legal remedy – Right to respect for property
Language of the case: French
Case C‑456/11 Gothaer Allgemeine Versicherung and Others v Samskip
Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Articles 32 and 33 – Recognition of judgments – Concept of ‘judgment’ – Effects of a judgment on international jurisdiction – Jurisdiction clause
Reference for a preliminary ruling from the Landgericht Bremen
Language of the case: German
Case C‑532/11 Leichenich v Peffekoven and Horeis
Directive 77/388/EEC – VAT – Exemptions – Article 13B(b) – Leasing or letting of immovable property – Houseboat, without a system of propulsion, permanently attached alongside a riverbank – Leasing of the houseboat, including the landing stage, the plot of land and the area of water contiguous therewith – Exclusive use for the permanent operation of a restaurant-discotheque – Single supply
Reference for a preliminary ruling from the Oberlandesgericht Köln
Language of the case: German
Case C‑558/11 Kurcums Metal v Valsts ieņēmumu dienests
Common Customs Tariff — Tariff classification — Combined Nomenclature — ‘Taifun’ composite cables manufactured in Russia, made of polypropylene and steel thread — Corrugated clips with rounded tips connected by means of a pin — Anti-dumping duties on imports of certain iron or steel ropes and cables originating in the Czech Republic, Russia, Thailand and Turkey
Reference for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
Case C‑552/10 P Usha Martin v Council and Commission
Appeal — Dumping — Regulation (EC) No 121/2006 — Imports of steel ropes and cables originating, inter alia, in India — Decision 2006/38/EC — Regulation (EC) No 384/96 — Article 8(9) — Undertakings offered in connection with anti-dumping proceedings
Language of the case: English
Case C‑89/11 P E.ON Energie v Commission
Appeal — Action for annulment of a Commission decision relating to a fine for breach of seal — Burden of proof — Distortion of the evidence — Obligation to state reasons — Amount of the fine — Unlimited jurisdiction — Principle of proportionality
Language of the case: German
Case C‑116/11 Bank Handlowy w Warszawie SA, PPHU 'ADAX'/Ryszard Adamiak v Christianapol sp. z o.o.
Judicial cooperation in civil matters — Regulation (EC) No 1346/2000 — Insolvency proceedings — Concept of ‘closure of insolvency proceedings’ — Possibility for a court before which secondary insolvency proceedings have been brought to examine the debtor’s insolvency — Possibility of opening winding-up proceedings as secondary insolvency proceedings where the main proceedings are sauvegarde proceedings
Reference for a preliminary ruling from the Sąd Rejonowy Poznań-Stare Miasto w Poznaniu
Language of the case: Polish
Case C‑136/11 Westbahn Management v ÖBB Infrastruktur
Transport — Rail transport — Obligation of the railway infrastructure manager to provide railway undertakings in real time with all information concerning train movements, in particular information on delays to connecting trains
Reference for a preliminary ruling from the Schienen-Control Kommission
Language of the case: German
Case C‑139/11 Cuadrench Moré v KLM
Air transport — Compensation and assistance to passengers — Denied boarding and cancellation or long delays of flights — Period allowed for commencing proceedings
Reference for a preliminary ruling from the Audiencia Provincial de Barcelona
Language of the case: Spanish
Case C‑219/11 Brain Products v BioSemi and Others
Reference for a preliminary ruling — Medical devices — Directive 93/42/EEC –Scope — Interpretation of the concept of ‘medical device’ — Product marketed for non-medical use — Investigation of a physiological process — Free movement of goods
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑277/11 M.M. v Minister for Justice, Equality and Law Reform and Others
Reference for a preliminary ruling – Common European Asylum System – Directive 2004/83/EC – Minimum standards for qualification for refugee status or subsidiary protection status – Article 4(1), second sentence – Cooperation of the Member State with the applicant to assess the relevant elements of his application – Scope – Lawfulness of the national procedure for processing an application for subsidiary protection following rejection of an application for refugee status – Observance of fundamental rights – Right to be heard
Reference for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Joined Cases C‑320/11, C‑330/11, C‑382/11 and C‑383/11 Digitalnet and Others v Nachalnik na Mitnicheski punkt – Varna Zapad pri Mitnitsa Varna
Common Customs Tariff – Tariff classification – Combined Nomenclature – Apparatus capable of receiving television signals and incorporating a modem for gaining access to the internet and having a function of interactive information exchange
Reference for a preliminary ruling from the Administrativen sad – Varna
Language of the case: Bulgarian
Case C-385/11 Elbal Moreno v Instituto Nacional de la Seguridad Social and Tesorería General de la Seguridad Social
Article 157 TFEU — Directive 79/7/EEC — Directive 97/81/EC — Framework Agreement on part-time work — Directive 2006/54/EC — Contributory retirement pension — Equal treatment for male and female workers — Indirect discrimination on grounds of sex
Reference for a preliminary ruling from the Juzgado de lo Social de Barcelona
Language of the case: Spanish
Case C‑410/11 Espada Sánchez and Others v Iberia
Air transport — Montreal Convention — Article 22(2) — Liability of carriers in respect of baggage — Limits of liability in the event of the destruction, loss, damage or delay of baggage — Shared baggage belonging to a number of passengers — Baggage checked in by one of those passengers
Reference for a preliminary ruling from the Audiencia Provincial de Barcelona
Language of the case: Spanish
Case C‑119/12 Probst v mr.nexnet
Electronic communications — Directive 2002/58/EC — Article 6(2) and (5) — Processing of personal data — Traffic data necessary for billing and debt collection — Debt collection by a third company — Persons acting under the authority of the providers of public communications networks and electronic communications services
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑566/10 P Italy v Commission
Appeal — Rules on languages — Notices of open competitions for the recruitment of administrators and assistants — Publication in full in three official languages — Language of the tests — Choice of the second language among three official languages
Language of the case: Italian
Case C‑370/12 Pringle v Government of Ireland, Ireland and the Attorney General
Stability mechanism for the Member States whose currency is the euro – Decision 2011/199/EU – Amendment of Article 136 TFEU – Validity – Article 48(6) TEU – Simplified revision procedure – ESM Treaty – Economic and monetary policy – Competence of the Member States
Reference for a preliminary ruling from the Supreme Court
Language of the case: English
Joined Cases C‑182/11 and C‑183/11 Econord v Comune di Cagno and Others
Public service contracts — Directive 2004/18/EC — Contracting authority exercising over a legally distinct successful tenderer control similar to that exercised over its own departments — No obligation to carry out a tendering procedure in accordance with the rules of EU law (‘in-house’ award) — Successful tenderer controlled jointly by several local authorities — Conditions for the applicability of an in-house award
Reference for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑257/11 Gran Via Moineşti v ANAF and Administraţia Finanţelor Publice
Directive 2006/112/EC — Value added tax — Articles 167, 168 and 185 — Right of deduction — Adjustment of deductions — Acquisition of land and buildings constructed on that land, with a view to demolishing the buildings and carrying out a construction project on the land
Reference for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C‑262/11 Kremikovtzi v Ministar na ikonomikata, energetikata i turizma i zamestnik-ministar na ikonomikata, energetikata i turizma
Accession of the Republic of Bulgaria to the European Union — EC‑Bulgaria Association Agreement — Steel sector — Public aid for reconstruction granted prior to accession — Conditions — Viability of the recipients at the end of the restructuring period — Declaration of insolvency of a recipient following accession — Respective powers of the national authorities and the European Commission — National decision finding the existence of a public debt in the form of aid which has become unlawful — Decision EU‑BG No 3/2006 — Annex V to the Act of Accession — Aid applicable following accession — Council Regulation (EC) No 659/1999 — Existing aid
Reference for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Information (on unpublished decisions)
Case C‑528/10 Commission v Greece
Failure of a Member State to fulfil obligations — Transport — Development of the Community’s railways — Directive 2001/14/EC — Articles 6(2) to (5) and 11 — Railway infrastructure capacity and charges levied for the use of railway infrastructure — Regulatory body — Failure to transpose within the prescribed period
Case C‑247/10 P Zhejiang Aokang Shoes v Council
Appeal – Dumping – Regulation (EC) No 1472/2006 – Imports of certain footwear with uppers of leather originating in China and Vietnam – Regulation (EC) No 384/96 – Article 2(7)(b) – Market economy treatment – Article 9(6) – Individual treatment – Article 17(3) – Sampling – Article 20(5) – Rights of the defence
Case C‑102/12 P Städter v ECB
Appeal — Decisions adopted by the European Central Bank — Action for annulment — Action brought out of time — Appeal manifestly unfounded
Case C‑369/12 Corpul Naţional al Poliţiştilor v Ministerul Administraţiei şi Internelor and Others
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Validity of national legislation imposing salary reductions on a number of categories of civil servants — Failure to implement EU law — Clear lack of jurisdiction of the Court of Justice
Case C‑1/11 SA Marcuccio v Commission
Application for leave to serve a garnishee order on the European Union
Case C‑603/11 Fontaine v Mutuelle Générale de l'Éducation Nationale
Competition — Articles 101 TFEU and 102 TFEU — Supplementary health insurance — Mutual companies entering into state health service agreements with the practitioners of their choice — Difference in treatment — Manifest inadmissibility
Case C‑600/10 Commission v Germany
Failure of a Member State to fulfil obligations — Free movement of capital — Taxation of dividends and interest paid to pension funds and pension insurance schemes — Treatment of dividends and interest paid to non-resident institutions — Deduction of operating costs directly linked to the receipt of income in the form of dividends and interest — Burden of proof
Case C‑318/12 disciplinary proceedings against Jean Devillers
Reference for a preliminary ruling — Failure to set out the factual and legal context of the main proceedings — Manifest inadmissibility
Case C‑627/11 Augustus v Agenţia de Plăţi pentru Dezvoltare Rurală şi Pescuit
Reference for a preliminary ruling — Manifest inadmissibility
Case C‑416/11 P United Kingdom v Commission
Appeal — Directive 92/43/EEC — Conservation of natural habitats — List of sites of Community importance for the Mediterranean biogeographical region — Inclusion in the list of a site proposed by the Kingdom of Spain — Site allegedly covering an area of British Gibraltar territorial waters and an area of the high seas — Action for annulment — Measure merely confirmatory
Case C‑647/11 P Dimos Peramatos v Commission
Appeal — Funding granted to a project in the environmental field — ‘LIFE’ — Decision for partial recovery of the amount paid — Determination of the obligations on the recipient — Legitimate expectations — Duty to state reasons — Errors of law
Case C‑42/12 P Hrbek v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Relative ground for refusal — Likelihood of confusion — Figurative mark — Opposition by the proprietor of an earlier trade mark — Appeal clearly inadmissible and clearly unfounded
December 2012
Case C‑457/10 P AstraZeneca and AstraZeneca v Commission
Appeal — Competition — Abuse of dominant position — Market in anti-ulcer medicines — Abuse of procedures relating to supplementary protection certificates for medicinal products and of marketing authorisation procedures for medicinal products — Misleading representations — Deregistration of marketing authorisations — Obstacles to the marketing of generic medicinal products and to parallel imports
Language of the case: English
Joined Cases C‑124/11, C‑125/11 and C‑143/11 Bundesrepublik Deutschland v Dittrich and Klinke and Müller v Bundesrepublik Deutschland
Equal treatment in employment and occupation — National rules — Assistance granted to public servants in the event of illness — Directive 2000/78/EC — Article 3 — Scope — Concept of ‘pay’
Reference for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C‑152/11 Odar v Baxter Deutschland
Equal treatment in employment and occupation – Directive 2000/78/EC – Prohibition against any discrimination on grounds of age or disability – Compensation on termination of employment – Social plan providing for a reduction in the amount of redundancy compensation paid to disabled workers
Reference for a preliminary ruling from the Arbeitsgericht München
Language of the case: German
Case C‑285/11 Bonik v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
VAT — Directive 2006/112/EC — Right of deduction — Refusal
Reference for a preliminary ruling from the Administrativen sad — Varna
Language of the case: Bulgarian
Joined Cases C‑356/11 and C‑357/11 O and S v Maahanmuuttovirasto (C-356/11), and Maahanmuuttovirasto v L. (C-357/11)
Citizenship of the Union — Article 20 TFEU − Directive 2003/86/EC − Right to family reunification − Union citizens who are minor children living with their mothers, who are third country nationals, in the territory of the Member State of which the children are nationals — Permanent right of residence in that Member State of the mothers who have been granted sole custody of the Union citizens — Change in composition of the families following the mothers’ remarriage to third country nationals and the birth of children of those marriages who are also third country nationals — Applications for family reunification in the Member State of origin of the Union citizens — Refusal of the right of residence to the new spouses on the ground of lack of sufficient resources — Right to respect for family life — Taking into consideration of the children’s best interests
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C‑430/11 Criminal proceedings against Md Sagor
Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures for returning illegally staying third-country nationals — National legislation providing for a fine which may be replaced by an order for expulsion or home detention
Reference for a preliminary ruling from the Tribunale di Rovigo
Language of the case: Italian
Case C‑441/11 P Commission v Verhuizingen Coppens
Appeal – Competition – Agreements, decisions and concerted practices – Article 81 EC and Article 53 of the EEA Agreement – International removal services market in Belgium – Cartel involving three individual agreements – Single and continuous infringement – Failure to prove that an undertaking party to an individual agreement was aware of the other individual agreements – Annulment, in whole or in part, of the Commission decision – Articles 263 TFEU and 264 TFEU
Language of the case: Dutch
Case C‑562/11 SEPA v Hauptzollamt Hamburg-Jonas
Agriculture — Regulation (EEC) No 3665/87 — Article 11 — Export refunds — Request for a refund in respect of exported goods which do not confer entitlement to a refund — Administrative penalty
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑610/10 Commission v Spain
Failure of a Member State to fulfil obligations — State aid — Judgment of the Court establishing a failure to fulfil obligations — Preliminary objection of inadmissibility — Article 228(2) EC and Article 260(2) TFEU — Failure to comply with the judgment — Financial penalties
Language of the case: Spanish
Case C‑215/11 Szyrocka v Siger Technologie
Regulation (EC) No 1896/2006 — European order for payment procedure — Application for an order which does not comply with the formal requirements laid down by national law — Exhaustive nature of the requirements to be met by the application — Whether it is possible to claim the interest accrued up to the date of payment of the principal
Reference for a preliminary ruling from the Sąd Okręgowy we Wrocławiu
Language of the case: Polish
Case C‑226/11 Expedia v Autorité de la concurrence and Others
Competition — Article 101(1) TFEU — Agreements, decisions and concerted practices — Appreciable restriction — Regulation (EC) No 1/2003 — Article 3(2) — National competition authority — Practices which may affect trade between Member States — Proceedings and penalty — Market share thresholds of the de minimis notice not attained — Restrictions by object
Reference for a preliminary ruling from the la Cour de cassation (France)
Language of the case: French
Joined Cases C‑237/11 and C‑238/11 France v Parliament
Actions for annulment — Law governing the institutions — Calendar of plenary part-sessions of the European Parliament for 2012 and 2013 — Protocols on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union
Language of the case: French
Case C‑379/11 Caves Krier Frères v Administration de l'emploi
Freedom of movement for workers – Article 45 TFEU – Subsidy for the recruitment of older unemployed persons and the long-term unemployed – Condition of registration with a placement office of the national employment administration – Residence condition – Restriction – Justification
Reference for a preliminary ruling from the Cour administrative (Luxembourg)
Language of the case: French
Case C‑395/11 BLV Wohn- und Gewerbebau v Finanzamt Lüdenscheid
Taxation — Sixth VAT Directive — Decision 2004/290/EC — Manner in which a Member State applies a derogating measure — Authorisation — Article 2, point (1) — ‘Construction work’ — Interpretation — Supplies of goods covered — Possibility for the derogating measure to be applied only in part — Restrictions
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑465/11 Forposta and ABC Direct Contact v Poczta Polska
Directive 2004/18/EC — Article 45(2), first subparagraph, point (d) – Directive 2004/17/EC — Articles 53(3) and 54(4) — Public procurement — Postal services sector — Exclusion criteria in relation to the procedure for the award of a contract — Grave professional misconduct — Protection of the public interest — Maintenance of fair competition
Reference for a preliminary ruling from the Krajowa Izba Odwoławcza
Language of the case: Polish
Case C‑670/11 FranceAgriMer v Vinifrance
Protection of the European Union’s financial interests — Regulation (EC, Euratom) No 2988/95 — Articles 4 and 5 — Administrative penalty — Administrative measure — Regulation (EEC) No 822/87 — Aid for the private storage of concentrated grape must — Community origin — Regulation (EEC) No 1059/83 — Long-term storage contract — Article 2(2) — Article 17(1)(b) — Reduction of the amount of aid in relation to the seriousness of the breach committed
Reference for a preliminary ruling from the le Conseil d’État (France)
Language of the case: French
Case C‑11/12 Maatschap L.A. en D.A.B. Langestraat en P. Langestraat-Troost v Staatssecretaris van Economische Zaken, Landbouw en Innovatie
Common agricultural policy — Integrated administration and control system — Reduction of or exclusion from payments in the event of non-compliance with cross-compliance rules — Vicarious liability
Reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
Case C‑534/10 P Brookfield New Zealand and Elaris v CPVO
Appeal — Community plant variety rights — Regulation (EC) No 2100/94 — Article 73(2) — Decision of the Board of Appeal of the CPVO refusing an application for a Community plant variety right — Discretion — Review by the General Court — Article 55(4) read in conjunction with Article 61(1)(b) — Right of the CPVO to make a new request for the submission of plant material
Language of the case: English
Case C‑577/10 Commission v Belgium
Failure of a Member State to fulfil obligations — Article 56 TFEU — Freedom to provide services — National legislation which imposes a prior declaration requirement on self-employed service providers established in other Member States — Criminal penalties — Obstacle to freedom to provide services — Objectively justified distinction — Overriding requirements in the public interest — Prevention of fraud — Protection against unfair competition — Protection of self-employed workers — Proportionality
Language of the case: French
Case C‑68/11 Commission v Italy
Failure of a Member State to fulfil obligations — Environment — Directive 1999/30/EC — Pollution control — Limit values for concentrations of PM10 in ambient air
Language of the case: Italian
Case C‑149/11 Leno Merken v Hagelkruis Beheer
Community trade mark — Regulation (EC) No 207/2009 — Article 15(1) — ‘Genuine use of the trade mark’ — Territorial scope of use — Use of the Community trade mark in a single Member State — Whether sufficient
Reference for a preliminary ruling from the Gerechtshof ’s-Gravenhage
Language of the case: Dutch
Case C‑159/11 Azienda Sanitaria Locale di Lecce v Ordine degli Ingegneri della Provincia di Lecce and Others
Public contracts — Directive 2004/18/EC — Article 1(2)(a) and (d) — Services — Study and evaluation of the seismic vulnerability of hospital structures — Contract concluded between two public entities, one of which is a university — Public entity capable of being classified as an economic operator — Contract for pecuniary interest — Consideration not exceeding the costs incurred
Reference for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑207/11 3D I v Agenzia delle Entrate Ufficio di Cremona
Taxation — Directive 90/434/EEC — Common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States — Articles 2, 4 and 9 — Transfer of assets — Taxation of the capital gains obtained by the transferring company at the time of the transfer of assets — Deferral of taxation — Requirement that a reserve fund for the suspended tax corresponding to the value of the capital gains obtained be carried over in the balance sheet of the transferring company
Reference for a preliminary ruling from the Commissione tributaria regionale di Milano (Italy)
Language of the case: Italian
Case C‑288/11 P Mitteldeutsche Flughafen and Flughafen Leipzig-Halle v Commission
Appeal — State aids — Concept of ‘undertaking’ — Economic activity — Airport infrastructure construction — Runway
Language of the case: German
Case C‑310/11 Grattan v Commissioners of Her Majesty's Revenue & Customs
Taxation — VAT — Second Directive 67/228/EEC — Article 8(a) — Sixth Directive 77/388/EEC — Supply of goods — Basis of assessment — Commission paid by a mail order company to its agent — Purchases by third-party customers — Price reduction after the chargeable event — Direct effect
Reference for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Case C‑314/11 P Commission v Planet
Appeal — Protection of the financial interests of the European Union — Identification of the level of risk associated with an entity — Early warning system — OLAF investigation — Decisions — Requests for activation of W1a and W1b warnings — Reviewable measures — Admissibility
Language of the case: Greek
Case C‑325/11 Alder and Alder v Orlowska and Orlowski
Regulation (EC) No 1393/2007 — Service of documents — Party domiciled in the territory of another Member State — Representative domiciled in national territory — None — Procedural documents placed in the case file — Presumption of knowledge
Reference for a preliminary ruling from the Sąd Rejonowy w Koszalinie
Language of the case: Polish
Case C‑363/11 Epitropos tou Elegktikou Sinedriou sto Ipourgio Politismou kai Tourismou v Ipourgio Politismou kai Tourismou – Ipiresia Dimosionomikou Elenchou
Reference for a preliminary ruling — Concept of ‘court or tribunal of a Member State’ within the meaning of Article 267 TFEU — Proceedings intended to lead to a decision of a judicial nature — National court of auditors ruling on prior authorisation of public expenditure — Inadmissibility
Reference for a preliminary ruling from the Elegktiko Sinedrio (Greece)
Language of the case: Greek
Case C‑364/11 Abed El Karem El Kott and Others v Bevándorlási és Állampolgársági Hivatal
Directive 2004/83/EC — Minimum standards for determining who qualifies for refugee status or subsidiary protection status — Stateless persons of Palestinian origin who have in fact availed themselves of assistance from the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) — The right of those stateless persons to recognition as refugees on the basis of the second sentence of Article 12(1)(a) of Directive 2004/83 — Conditions under which applicable — Cessation of UNRWA assistance ‘for any reason’ — Evidence — Consequences for the persons concerned seeking refugee status — Persons ‘ipso facto … entitled to the benefits of [the] Directive’ — Automatic recognition as a ‘refugee’ within the meaning of Article 2(c) of Directive 2004/83 and the granting of refugee status in accordance with Article 13 thereof
Reference for a preliminary ruling from the Fővárosi Bíróság
Language of the case: Hungarian
Case C‑549/11 Direktor na Direktsia Obzhalvane i upravlenie na izpalnenieto v Orfey Balgaria
VAT — Directive 2006/112/EC — Articles 63, 65, 73 and 80 — Establishment by natural persons of a building right in favour of a company in exchange for construction services by that company for those persons — Barter contract — VAT on construction services — Chargeable event — When chargeable — Payment on account of the entire consideration — Payment on account — Basis of assessment for a transaction in the event of consideration in the form of goods or services — Direct effect
Reference for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C‑579/11 GAMP v Ministério da Agricultura, do Mar, do Ambiente e do Ordenamento do Território and Others
Structural funds — Regulation (EC) No 1083/2006 — Geographical eligibility — Implementation of an investment co-financed by the European Union from a place located outside of the eligible regions and by an operator established in such a place
Reference for a preliminary ruling from the tribunal administrativo e fiscal do Porto
Language of the case: Portuguese
Information (on unpublished decisions)
Case C‑682/11 P GS v Parliament and Council
Appeal — Regulation (EU) No 1210/2010 — Authentication of euro coins — Handling of euro coins unfit for circulation — Article 8(2) — Right of Member States to refuse to reimburse euro coins unfit for circulation — Action for annulment — Admissibility — Person directly concerned
Case C‑560/11 Debiasi v Agenzia delle Entrate Ufficio di Parma
Articles 53(2) and 94 of the Rules of Procedure of the Court — Manifest inadmissibility — Article 99 of the Rules of Procedure — Reply leaving room for no reasonable doubt — Taxation — VAT — Article 17(2)(a) of the Sixth VAT Directive — Deduction of input tax paid — Public or private healthcare establishments engaged in an exempt activity — National legislation excluding deduction of the tax on the purchase of goods or services used in exempt activities — Deductible proportion
Case C‑593/11 P Alliance One International v Commission
Appeal — Competition — Agreements, decisions or concerted practices — Italian market for the purchase and first processing of raw tobacco — Price-fixing and market-sharing — Attributability of unlawful conduct of subsidiaries to their parent companies — Presumption of innocence — Rights of defence — Obligation to state reasons
Case C‑654/11 P Transcatab v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Italian market for the purchasing and primary processing of raw tobacco — Price fixing and market sharing — Attribution of liability for the unlawful conduct of a subsidiary to its parent company — Presumption of innocence — Rights of the defence — Obligation to state the reasons on which a decision is based — Principle of equal treatment
Case C‑279/11 Commission v Ireland
Failure of a Member State to fulfil obligations — Directive 85/337/EEC — Assessment of the effects of certain public and private projects on the environment — Incorrect transposition — Annexe II — Point 1(a) to (c) — Judgment of the Court of Justice — Finding of infringement — Article 260 TFEU — Pecuniary penalties — Lump sum payment — Member State’s ability to pay — Economic crisis — Assessment on the basis of current economic data
Case C‑374/11 Commission v Ireland
Failure of a Member State to fulfil obligations — Directive 75/442/EEC — Domestic waste waters discharged through septic tanks in the countryside — Judgment of the Court finding that a Member State has failed to fulfil obligations — Article 260(2) TFEU — Measures to ensure compliance with a judgment of the Court — Financial penalties — Penalty payment — Lump sum
Case C‑445/11 P Bavaria v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Dutch beer market — Commission decision finding an infringement of Article 81 EC — Fines — Duration of the administrative procedure — Level of the fine
Case C‑452/11 P Heineken Nederland and Heineken v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Dutch beer market — Commission decision establishing a breach of Article 81 EC — Fines — Duration of the administrative procedure — Level of the fine
January 2013
Case C‑416/10 Križan and Others v Slovenská inšpekcia životného prostredia
Article 267 TFEU — Annulment of a judicial decision — Referral back to the court concerned — Obligation to comply with the annulment decision — Request for a preliminary ruling — Whether possible — Environment — Aarhus Convention — Directive 85/337/EEC — Directive 96/61/EC — Public participation in the decision-making process — Construction of a landfill site — Application for a permit — Trade secrets — Non-communication of a document to the public — Effect on the validity of the decision authorising the landfill site — Rectification — Assessment of the environmental impact of the project — Final opinion prior to accession of the Member State to the European Union — Application in time of Directive 85/337 — Effective legal remedy — Interim measures — Suspension of implementation — Annulment of the contested decision — Right to property — Interference
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
Case C‑206/11 Köck v Schutzverband gegen unlauteren Wettbewerb
Consumer protection — Unfair business-to-consumer commercial practices in the internal market — Legislation of a Member State providing for prior authorisation of announcements of sales
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C‑224/11 BGŻ Leasing v Dyrektor Izby Skarbowej w Warszawie
VAT — Leasing services supplied together with insurance for the leased item, subscribed to by the lessor and invoiced by the latter to the lessee — Classification — Single complex service or two distinct services — Exemption — Insurance transaction
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C‑360/11 Commission v Spain
Failure of a Member State to fulfil obligations — Value added tax — Directive 2006/112/EC — Application of a reduced rate — Articles 96 and 98(2) — Points 3 and 4 of Annex III — ‘Pharmaceutical products normally used for health care, prevention of illnesses and as treatment for medical and veterinary purposes’ — ‘Medical equipment, aids and other appliances normally intended to alleviate or treat disability, for the exclusive personal use of the disabled’
Language of the case: Spanish
Case C‑361/11 Hewlett-Packard Europe v Inspecteur van de Belastingdienst/Douane West, kantoor Hoofddorp
Common Customs Tariff — Combined Nomenclature — Tariff classification — Multifunctional printers combining a laser printing module and a scanning module, with a copying function — CN code 8443 31 91 — Validity of Regulation (EC) No 1031/2008
Request for a preliminary ruling from the Rechtbank te Haarlem
Language of the case: Dutch
Case C‑543/11 Woningstichting Maasdriel v Staatssecretaris van Financiën
Value added tax — Directive 2006/112/EC — Article 135(1)(k), read in conjunction with Article 12(1) and (3) — Land which has not been built on — Building land — Definitions — Demolition work for the purposes of future construction — Exemption from VAT
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑623/11 Société Geodis Calberson GE v FranceAgriMer
Agriculture — Food aid — Regulation (EC) No 111/1999 — Programme to supply agricultural products to the Russian Federation — Successful tenderer for a contract for the transport of beef — Conferring of jurisdiction — Arbitration clause
Request for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
Case C‑23/12 :
Regulation (EC) No 562/2006 — Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Alleged violation of the right to respect for human dignity — Effective judicial protection — Right of access to a court
Request for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
Case C‑283/11 Sky Österreich v Österreichischer Rundfunk
Directive 2010/13/EU — Provision of audiovisual media services — Article 15(6) –Validity — Events of high interest to the public that are subject to exclusive broadcasting rights — Right of access of broadcasters to such events for the purpose of making short news reports — Limitation of possible compensation for the holder of the exclusive right to additional costs incurred in providing such access — Charter of Fundamental Rights of the European Union — Articles 16 and 17 — Proportionality
Request for a preliminary ruling from the Bundeskommunikationssenat
Language of the case: German
Case C‑286/11 P Commission v Tomkins
Appeal — Competition — Agreements, decisions and concerted practices — European market for copper and copper alloy fittings — Liability of the parent company stemming solely from the unlawful conduct of its subsidiary — Principle of ne ultra petita — Effect on the legal situation of the parent company of an annulment determined by a judgment concerning a subsidiary
Language of the case: English
Case C‑529/09 Commission v Spain
Failure of a Member State to fulfil obligations — State aid incompatible with the common market — Obligation of recovery — Failure to comply with a Commission decision — Objection of inadmissibility — Res judicata by means of a previous judgment of the Court
Language of the case: Spanish
Case C‑73/11 P Frucona Košice v Commission
Appeal — State aid — Cancellation of 65% of a tax debt in a collective bankruptcy procedure — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Private creditor test — Limits of judicial review — Substitution by the General Court of its own grounds for those set out in the contested decision — Manifest error of assessment — Distortion of evidence
Language of the case: English
Joined Cases C‑186/11 and C‑209/11 Stanleybet Malta and Others v Ipourgos Oikonomias kai Oikonomikon and Others
Articles 43 and 49 EC — National legislation granting an exclusive right for the running, management, organisation and operation of games of chance to a single undertaking, in the form of a public limited company listed on the stock exchange — Advertising of the games and expansion in other Member States of the European Union — State controls
Requests for a preliminary ruling from the Simvoulio tis Epikratias
Language of the case: Greek
Case C‑396/11 Ministerul Public v Radu
Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and surrender procedures between Member States — European arrest warrant issued for the purposes of prosecution — Grounds for refusing execution
Request for a preliminary ruling from the Curtea de Apel Constanţa
Language of the case: Romanian
Case C‑12/11 McDonagh v Ryanair
Air transport — Regulation (EC) No 261/2004 — Notion of ‘extraordinary circumstances’ — Obligation to provide assistance to passengers in the event of cancellation of a flight due to ‘extraordinary circumstances’ — Volcanic eruption leading to the closure of air space — Eruption of the Icelandic volcano Eyjafjallajökull
Request for a preliminary ruling from the Dublin Metropolitan District Court
Language of the case: English
Case C‑26/11 Belgische Petroleum Unie and Others v Belgische Staat
Directive 98/70/EC — Quality of petrol and diesel fuels — Articles 3 to 5 — Environmental specifications for fuels — Directive 98/34/EC — Information procedure in the field of technical standards and regulations and of rules on Information Society services — Articles 1 and 8 — Definition of ‘technical regulation’ — Obligation to communicate draft technical regulations — National rules requiring petroleum companies placing petrol and/or diesel fuels on the market in the same calendar year also to place on the market a quantity of biofuels
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
Case C‑175/11 D. and A. v Refugee Applications Commissioner and Others
Request for a preliminary ruling – Common European Asylum System – Application by a national of a third country seeking refugee status – Directive 2005/85/EC – Article 23 – Possibility of prioritising the processing of asylum applications – National procedure applying a prioritised procedure for the examination of applications by persons belonging to a certain category defined on the basis of nationality or country of origin – Right to an effective judicial remedy – Article 39 of Directive 2005/85 – Concept of ‘court or tribunal’ within the meaning of that article
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Case C‑394/11 Belov v CHEZ Elektro Balgaria and CHEZ Razpredelenie Balgaria
Request for a preliminary ruling — Article 267 TFEU — Concept of ‘national court’ — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Komisia za zashtita ot diskriminatsia
Language of the case: Bulgarian
Case C‑642/11 Stroy trans v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Taxation — VAT — Directive 2006/112/EC — Principle of fiscal neutrality — Right of deduction — Refusal — Article 203 — Entry of the VAT on the invoice — Chargeability — Existence of a taxable transaction — Identical determination in respect of the issuer of the invoice and its recipient — Necessity
Request for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
Case C‑643/11 LVK - 56 v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Taxation — VAT — Directive 2006/112/EC — Principle of fiscal neutrality — Right of deduction — Refusal — Article 203 — Entering of the VAT on the invoice — Chargeability — Existence of a taxable transaction — Identical determination in respect of the issuer of the invoice and its recipient — Necessity
Request for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
Information (on unpublished decisions)
Case C‑650/11 Brunovskis v Lauku atbalsta dienests
Common agricultural policy — Regulation (EC) No 1782/2003 — Implementation of support schemes in the new Member States — Complementary national direct payments — Conditions for grant — Regulation (EC) No 1973/2004 — Inapplicable
Case C‑541/11 Grilc v Slovensko zavarovalno združenje GIZ
Article 104(3), second subparagraph, of the Rules of Procedure — Insurance against civil liability in respect of the use of motor vehicles — Directive 2000/26/EC — Compensation bodies — Claim for compensation brought before a national court
Case C‑21/12 P Abbott Laboratories v OHIM
Appeal — Community trade mark — Word mark ‘RESTORE’ — Refusal to register — Absolute grounds for refusal — Descriptive character — Lack of distinctiveness — Right to be heard — Regulation (EC) No 207/2009 — Articles 7 (1)(b) and (c) and 75, second sentence — Equal treatment
Case C‑173/12 P Verenigde Douaneagenten v Commission
Appeal — Article 220(2) of the Customs Code — Post-clearance recovery of import duties — Incorrect presentation of the facts — Import of raw cane sugar
Case C‑261/12 P Del Prete v Armani and OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Likelihood of confusion — Reputation — Figurative sign ‘AJ AMICI JUNIOR’ — Opposition by the holder of the earlier national figurative mark AJ ARMANI JEANS and of the earlier national word mark ARMANI JUNIOR
Case C‑646/11 P 3F (formerly SID) v Commission
Appeal — State aid — Tax-reduction measures — Seafarers working on board vessels registered in the Danish International Register — Article 88(3) EC — Preliminary examination stage — Commission decision not to raise objections — Action for annulment — Conditions for initiating the formal investigation procedure — Existence of doubts regarding the compatibility of the aid with the common market — Period for the examination
Case C‑118/12 P Enviro Tech Europe v Commission
Appeal — Directives 67/548/EEC and 2004/73/EC — Classification, packaging and labelling of dangerous substances — Classification of n-propyl-bromide
Case C‑301/11 Commission v Netherlands
Tax legislation — Transfer of a residence for tax purposes — Freedom of establishment — Article 49 TFEU — Taxation of unrealised capital gains — Immediate exit tax
February 2013
Case C‑543/10 Refcomp v Axa Corporate Solutions assurance and Others
Judicial cooperation in civil matters — Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001 — Interpretation of Article 23 — Jurisdiction clause in a contract concluded between the manufacturer and the initial buyer of goods — Contract forming part of a chain of contracts transferring ownership — Whether that clause may be relied on against the sub-buyer of the goods
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C‑454/11 Pusts v Lauku atbalsta dienests
Agriculture — EAGGF — Regulations (EC) No 1257/1999 and No 817/2004 — Support for rural development — Recovery of undue payments — National rules making the grant of agri-environmental aid subject to an annual application accompanied by specific documents — Beneficiary who has complied with his obligations regarding use of the area concerned but who has not submitted an application in accordance with those rules — Withdrawal of the aid, without consulting the beneficiary, in the event of failure by the latter to comply with the provisions applicable to the submission of an application for agri-environmental aid
Request for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
Case C‑68/12 Slovenská sporiteľňa v Protimonopolný úrad Slovenskej republiky
Agreements, decisions and concerted practices — Agreement concluded between a number of banks — Competitor allegedly operating unlawfully on the market concerned — Effect — None
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
Case C‑123/11 Proceedings brought by A Oy
Freedom of establishment — Article 49 TFEU — Tax legislation — Merger of a parent company established in one Member State with a subsidiary established in another Member State — Deductibility by the parent company of the subsidiary’s losses arising from its activity — Exclusion for non-resident subsidiaries
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C‑243/11 RVS Levensverzekeringen v Belgische Staat
Direct life assurance — Annual tax on assurance transactions — Directive 2002/83/EC — Articles 1(1)(g) and 50 — Definition of ‘Member State of the commitment’ — Assurance undertaking established in the Netherlands — Policyholder having taken out an assurance contract in the Netherlands and transferred his habitual residence to Belgium after the contract was concluded — Freedom to provide services
Request for a preliminary ruling from the rechtbank van eerste aanleg te Brussel
Language of the case: Dutch
Case C‑282/11 Salgado González v INSS and TGSS
Article 48 TFEU — Social security for migrant workers — Regulation (EEC) No 1408/71 and (EC) No 883/2004 — Old-age and survivor’s insurance — Special provisions for the application of national legislation relating to old-age pensions — Calculation of benefits
Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
Case C‑332/11 ProRail v Xpedys and Others
Regulation (EC) No 1206/2001 — Cooperation in the taking of evidence in civil and commercial matters — Direct taking of evidence — Designation of an expert — Task carried out partly in the Member State of the referring court and partly in another Member State
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
Case C‑472/11 Banif Plus Bank v Csipai and Csipai
Directive 93/13/EEC — Unfair terms in consumer contracts — Examination by the national court, of its own motion, as to whether a term is unfair — Obligation on the national court, once it has found, of its own motion, that a term is unfair, to invite the parties to submit their observations before drawing conclusions from that finding — Contractual terms to be taken into account in the assessment of that unfairness
Request for a preliminary ruling from the Fővárosi Bíróság (now the Fővárosi Törvényszék)
Language of the case: Hungarian
Case C‑561/11 Fédération Cynologique Internationale v Federación Canina Internacional de Perros de Pura Raza
Community trade marks — Regulation (EC) No 207/2009 — Article 9(1) — Concept of ‘third party’ — Proprietor of a later Community trade mark
Request for a preliminary ruling from the Juzgado de lo Mercantil No 1 de Alicante y No 1 de Marca Comunitaria
Language of the case: Spanish
Case C‑619/11 Dumont de Chassart v ONAFTS
Social security — Regulation (EEC) No 1408/71 — Articles 72, 78(2)(b) and 79(1)(a) — Family benefits for orphans — Aggregation of periods of insurance and employment — Periods completed by the surviving parent in another Member State — Not taken into account
Request for a preliminary ruling from the tribunal du travail de Bruxelles
Language of the case: French
Case C‑18/12 Město Žamberk v Finanční ředitelství v Hradci, now Odvolací finanční ředitelství
Taxation — VAT — Directive 2006/112/EC — Article 132(1)(m) — Exemption — Supply of services closely linked to sport or physical education — Taking part in sporting activities of a non-organised and unsystematic nature — Municipal aquatic park
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C‑46/12 L. N.
Citizenship of the Union — Freedom of movement for workers — Principle of equal treatment − Article 45(2) TFEU — Regulation (EEC) No 1612/68 — Article 7(2) − Directive 2004/38/EC — Article 24(1) and (2) — Derogation from the principle of equal treatment for maintenance aid for studies consisting in student grants or student loans — European Union citizen studying in a host Member State — Paid employment prior to and subsequent to the start of studies − Principal objective of the person concerned at the time of entry on the territory of the host Member State — Effect on his classification as worker and on his entitlement to student grants
Request for a preliminary ruling from the Ankenævnet for Uddannelsesstøtten
Language of the case: Danish
Case C‑104/12 Finanzamt Köln-Nord v Becker
Sixth VAT Directive — Article 17(2)(a) — Right to deduct input tax — Need for a direct and immediate link between an input and an output transaction — Criterion for determining that link — Services of lawyers performed in the context of criminal proceedings for corruption brought in a personal capacity against the managing director and main partner of a limited company
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑111/12 Ministero per i beni e le attività culturali and Others v Ordine degli Ingegneri di Verona e Provincia and Others
Directive 85/384/EEC — Mutual recognition of qualifications in the field of architecture — Articles 10 and 11(g) — National legislation recognising equivalence of qualifications in architecture and civil engineering, but reserving work on classified heritage buildings to architects — Principle of equal treatment — Situation purely internal to a Member State
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑194/12 Maestre García v Centros Comerciales Carrefour
Article 99 of the Rules of Procedure — Directive 2003/88/EC — Organisation of working time — Entitlement to paid annual leave — Annual leave scheduled by the undertaking coinciding with sick leave — Entitlement to take annual leave at another time — Allowance in lieu of annual leave not taken
Request for a preliminary ruling from the Juzgado de lo Social de Benidorm
Language of the case: Spanish
Case C‑617/10 Åklagaren v Åkerberg Fransson
Charter of Fundamental Rights of the European Union — Field of application — Article 51 — Implementation of European Union law — Punishment of conduct prejudicial to own resources of the European Union — Article 50 — Ne bis in idem principle — National system involving two separate sets of proceedings, administrative and criminal, to punish the same wrongful conduct — Compatibility
Request for a preliminary ruling from the Haparanda tingsrätt
Language of the case: Swedish
Case C‑11/11 Air France v Folkerts and Folkerts
Request for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Articles 6 and 7 — Connecting flight(s) — Delay in arrival at the final destination — Delay equal to or in excess of three hours — A passenger’s right to compensation
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑399/11 Criminal proceedings against Stefano Melloni
Police and judicial cooperation in criminal matters — European arrest warrant — Surrender procedures between Member States — Decisions rendered at the end of proceedings in which the person concerned has not appeared in person — Execution of a sentence pronounced in absentia — Possibility of review of the judgment
Request for a preliminary ruling from the Tribunal Constitucional (Spain)
Language of the case: Spanish
Case C‑460/09 P Inalca and Cremonini v Commission
Appeal — Non-contractual liability of the European Union — Finding of irregularities in the refunds for beef and veal exported to Jordan — OLAF investigation — Communication of OLAF’s findings to the national authorities — Provision of guarantees — Claim for the reimbursement of the related costs — Causal link — Cross-appeal — Limitation period — Point from which time starts to run
Language of the case: Italian
Case C‑473/10 Commission v Hungary
Failure of a Member State to fulfil obligations — Development of the Community’s railways — Allocation of railway infrastructure capacity — Levying of charges for the use of railway infrastructure — Directives 91/440/EEC and 2001/14/EC — Incomplete transposition
Language of the case: Hungarian
Case C‑483/10 Commission v Spain
Failure of a Member State to fulfil obligations — Development of the Community’s railways — Directive 2001/14/EC — Allocation of railway infrastructure capacity — Levying of charges — Charges — Management independence
Language of the case: Spanish
Case C‑555/10 Commission v Austria
Failure of a Member State to fulfil obligations — Transport — Development of the Community’s railways — Directive 91/440/EEC — Article 6(3) and Annex II — Directive 2001/14/EC — Articles 4(2) and 14(2) — Infrastructure manager — Organisational and decision-making independence — Holding company structure — Incomplete transposition
Language of the case: German
Case C‑556/10 Commission v Germany
Failure of a Member State to fulfil obligations — Transport — Development of the Community’s railways — Directive 91/440/EEC — Article 6(3) and Annex II — Directive 2001/14/EC — Articles 4(2) and 14(2) — Infrastructure manager — Organisational and decision-making independence — Holding company structure — Directive 2001/14 — Articles 7(3) and 8(1) — Setting charges on the basis of direct costs — Levying of charges — Direct costs — Total costs — Directive 2001/14 — Article 6(2) — No incentive to reduce costs — Directive 91/440 — Article 10(7) — Directive 2001/14 — Article 30(4) — Regulatory body — Powers
Language of the case: German
Case C‑168/11 Beker and Beker v Finanzamt Heilbronn
Free movement of capital — Income tax — Income from capital — Convention for the avoidance of double taxation — Dividends distributed by companies established in Member States and third countries — Calculation of the maximum amount of foreign withholding tax deductible against national income tax — Failure to take account of personal and lifestyle costs — Justification
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑425/11 Ettwein v Finanzamt Konstanz
Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Equal treatment — Self-employed frontier workers — Nationals of a Member State of the Union — Business income received in that Member State — Transfer of residence to Switzerland — Refusal of a tax advantage in that Member State because of the transfer of residence
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
Case C‑427/11 Kenny and Others v Minister for Justice, Equality and Law Reform and Others
Article 141 EC — Directive 75/117/EEC — Equal pay for men and women — Indirect discrimination — Objective justification — Conditions
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Case C‑544/11 Petersen and Petersen v Finanzamt Ludwigshafen
Freedom to provide services — Freedom of movement for workers — Legislation of a Member State allowing exemption from taxation on income received for work carried out in another State in the context of development aid — Conditions — Establishment of the employer within the national territory — Refusal where the employer is established in another Member State
Request for a preliminary ruling from the Finanzgericht Rheinland-Pfalz
Language of the case: German
Case C‑1/12 Ordem dos Técnicos Oficiais de Contas v Autoridade da Concorrência
Association of chartered accountants — Rules relating to a system of compulsory training for chartered accountants — Article 101 TFEU — Association of undertakings — Restriction of competition — Justifications — Article 106(2) TFEU
Request for a preliminary ruling from the Tribunal da Relação de Lisboa
Language of the case: Portuguese
Case C‑334/12 RX‑II Review Arango Jaramillo and Others v EIB
Review of the judgment in Case T‑234/11 P — Action for annulment — Admissibility — Time-limit for bringing proceedings — Time-limit not set by a provision of EU law — Concept of ‘reasonable period’ — Interpretation — Obligation on the Courts of the European Union to take account of the particular circumstances of each case — Right to an effective legal remedy — Article 47 of the Charter of Fundamental Rights of the European Union — Whether the consistency of EU law is affected
Language of the case: French
Information (on unpublished decisions)
Case C‑122/11 Commission v Belgium
Failure of a Member State to fulfil obligations — Regulation (EC) No 883/2004 — Coordination of social security systems – National rules precluding the indexation, during the period until 1 August 2004, of pensions of nationals of a Member State which has not concluded a reciprocal agreement or who do not satisfy the condition of residence in the European Union — Residence in a non-Member State — Breach of the principle of non-discrimination on grounds of nationality — Inadmissible
Case C‑517/11 Commission v Greece
Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Conservation of natural habitats — Article 6(2) — Deterioration and pollution of Lake Koroneia — Protection — Inadequacy of the measures taken — Directive 91/271/EEC — Urban waste-water treatment — Articles 3 and 4(1) and (3) — Agglomeration of Langada — System for the collection and treatment of urban waste-water — ‘Absence’
Case C‑117/12 La Retoucherie de Manuela v La Retoucherie de Burgos
Article 99 of the Rules of Procedure — Competition — Agreements between undertakings — Article 81 EC — Block exemption for vertical agreements — Regulation (EC) No 2790/1999 — Article 5(b) — Non-compete obligation imposed on the buyer upon expiry of a franchise agreement — Premises and land from which the buyer has operated during the contract period
Case C‑266/12 P Majtczak v Feng Shen Technology and OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 51(1)(b) — Applicant’s bad faith when filing the Community trade mark — Figurative mark ‘FS’ — Application for a declaration of invalidity
Case C‑304/12 P Kerstens v Commission
Appeal — Taxation of costs — Principle of non-discrimination — Obligation to state reasons — Distortion of the facts — Appeal manifestly inadmissible
Case C‑498/12 Pedone v Corrao
Request for a preliminary ruling — Charter of Fundamental Rights of the European Union — Requirement of link with EU law — Clear lack of jurisdiction of the Court
Case C‑499/12 Gentile v Ufficio Finanziario della Direzione Ufficio Territoriale di Tivoli and Others
Request for a preliminary ruling — Charter of Fundamental Rights of the European Union — Requirement of link with EU law — Clear lack of jurisdiction of the Court
Case C‑655/11 P Seven for all mankind v OHIM
Appeal — Community trade mark — Opposition proceedings — Earlier word mark — Element ‘SEVEN’ — Similarity of the signs — Likelihood of confusion — Relative ground for refusal
Case C‑37/12 P Saupiquet v Commission
Appeal — Common customs tariff — Tariff quotas — Sunday closure of customs offices — Infringement of the principle of equal treatment — Imputability
Case C‑79/12 Mora IPR v Direcţia Generală a Finanţelor Publice a Judeţului Sibiu and Direcţia Judeţeană pentru Accize şi Operaţiuni Vamale Sibiu
Taxation — VAT — Directive 2006/112/EC — Article 211 — Deferred payment of VAT on importation
Case C‑154/12 Isera & Scaldis Sugar and Others v Bureau d'intervention et de restitution belge
Article 99 of the Rules of Procedure — Agriculture — Common organisation of markets — Sugar — Regulation (EC) No 318/2006 — Article 16 — Regulation (EC) No 1234/2007 — Article 51 — Imposition of a charge on production — Validity — Lack of legal basis — Failure to state clear and unequivocal reasons — Infringement of the principle of non-discrimination — Infringement of the principle of proportionality
Case C‑312/12 Ajdini v État belge, Service des Allocations aux handicapés
Rules of Procedure — Articles 53(2), 93(a) and 99 — Request for a preliminary ruling — Examination of the conformity of a national provision with both EU law and the national constitution — National legislation granting priority to an interlocutory procedure for the review of constitutionality — Charter of Fundamental Rights of the European Union — Failure to implement European Union law — Clear absence of jurisdiction of the Court
Case C‑467/12 Gassiat v Ordre des avocats de Paris
Action brought by a natural person against a professional body — Application for a declaration of non-conformity with EU law of a decision of a professional body and the rules of operation of that body — Clear lack of jurisdiction of the Court
Case C‑465/09 P‑DEP Comunidad Autónoma de la Rioja v Diputación Foral de Álava and Others
Taxation of costs
Case C‑246/11 P Portugal v Commission
Appeal — European Regional Development Fund (ERDF) — Regulation (EEC) No 2052/88 — Article 13(3) — Regulation (EEC) No 4253/88 — Article 21(1) — Global grant for local development in Portugal — Reduction in financing
Case C‑563/11 Forvards V v Valsts ieņēmumu dienests
Article 99 of the Rules of Procedure — Taxation — VAT — Sixth Directive — Right to deduct — Refusal — Invoice issued by a company considered fictitious
Case C‑171/12 P Carrols v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 51(1)(b) — Community figurative mark Pollo Tropical CHICKEN ON THE GRILL — Application for a declaration of invalidity submitted by the proprietor of the national figurative mark Pollo Tropical CHICKEN ON THE GRILL and the national word mark POLLO TROPICAL — Absolute grounds for invalidity — Bad faith — Inadmissibility
Case C‑235/12 P H-Holding v Commission
Appeal — Action for failure to act — Article 265 TFEU — Actions for damages — Failure on the part of the Commission to initiate infringement proceedings — Manifest inadmissibility
Case C‑246/12 P Ellinika Nafpigeia v Commission
Appeal — State aid — Shipbuilding — Decision declaring aid measures incompatible with the common market — Protection of the essential interests of national security — Competition conditions in the internal market
March 2013
Case C‑547/10 P Switzerland v Commission
Appeal — External relations — Agreement between the European Community and the Swiss Confederation on air transport — Regulation (EEC) No 2408/92 — Access of Community air carriers to intra-Community air routes — Articles 8 and 9 — Scope — Exercise of traffic rights — Decision 2004/12/EC — German measures relating to the approaches to Zurich Airport — Duty to state reasons — Non-discrimination — Proportionality — Burden of proof
Language of the case: German
Case C‑127/11 van den Booren v Rijksdienst voor Pensioenen
Social security for migrant workers — Article 46a of Regulation (EEC) No 1408/71 — National rules against overlapping — Old-age pension — Increase in the amount paid by a Member State — Survivor’s pension — Reduction in the amount paid by another Member State
Request for a preliminary ruling from the arbeidshof te Antwerpen
Language of the case: Dutch
Case C‑275/11 GfBk v Finanzamt Bayreuth
Taxation — Value added tax — Directive 77/388/EEC — Exemption of the management of special investment funds — Scope
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑358/11 Lapin ELY-keskus, liikenne ja infrastruktuuri v Lapin luonnonsuojelupiiri
Environment — Waste — Hazardous waste — Directive 2008/98/EC — Old telecommunications poles treated with CCA (copper-chromium-arsenic) solutions — Registration, evaluation and authorisation of chemicals — Regulation (EC) No 1907/2006 (REACH Regulation) — List of uses for treated wood in Annex XVII to the REACH Regulation — Old telecommunications poles used as underlay for duckboards
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C‑424/11 Wheels Common Investment Fund Trustees and Others v Commissioners for Her Majesty's Revenue and Customs
Value added tax — Directive 77/388/EEC — Exemption of the management of special investment funds — Scope — Occupational retirement pension schemes
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Case C‑577/11 DKV Belgium v Association belge des consommateurs Test-Achats
Freedom to provide services — Freedom of establishment — Directives 73/239/EEC and 92/49/EEC — Direct insurance other than life assurance — Freedom to set rates — Health insurance contracts not linked to professional activity — Restrictions — Overriding reasons in the public interest
Request for a preliminary ruling from the cour d’appel de Bruxelles
Language of the case: French
Case C‑607/11 ITV Broadcasting v TV Catch Up
Directive 2001/29/EC — Article 3(1) — Broadcasting by a third party over the internet of signals of commercial television broadcasters — ‘Live streaming’ — Communication to the public
Request for a preliminary ruling from the High Court of Justice (England and Wales) (Chancery Division)
Language of the case: English
Case C‑182/12 Fekete v Nemzeti Adó- és Vámhivatal Közép-dunántúli Regionális Vám- és Pénzügyőri Főigazgatósága
Community Customs Code — Article 137 — Regulation implementing the Customs Code — Article 561(2) — Conditions for total relief from import duties — Importation into a Member State of a vehicle whose owner is established in a third country — Private use of the vehicle authorised by the owner otherwise than by an employment contract concluded with the user — No relief
Request for a preliminary ruling from the Székesfehérvári Törvényszék
Language of the case: Hungarian
Case C‑343/12 Euronics Belgium v Kamera Express and Kamera Express Belgium
Article 99 of the Rules of Procedure — Directive 2005/29/EC — National legislation laying down a general prohibition of offering for sale or selling goods at a loss
Request for a preliminary ruling from the rechtbank van koophandel te Gent
Language of the case: Dutch
Case C‑551/12 P(R) EDF v Commission
Appeal — Application for interim measures — Concentrations — European electricity market — Acquisition of control of Segebel SA by EDF — Decision declaring the concentration compatible with the common market, subject to compliance with the commitments given by EDF — Refusal by the Commission to grant EDF postponement of the deadline for compliance with some of those commitments — Concepts of urgency and of serious and irreparable harm
Language of the case: English
Case C‑32/11 Allianz Hungária Biztosító and Others v Gazdasági Versenyhivatal
Competition — Article 101(1) TFEU — Application of similar national regulations — Jurisdiction of the Court — Bilateral agreements between an insurance company and car repairers relating to hourly repair charges — Charges paid depending on the number of insurance contracts concluded for the insurance company by those repairers in their capacity as brokers — Concept of ‘agreement having as its object the restriction of competition’
Request for a preliminary ruling from the Magyar Köztársaság Legfelsőbb Bírósága
Language of the case: Hungarian
Case C‑216/11 Commission v France
Failure of a Member State to fulfil obligations — Council Directive 92/12/EEC — Excise duties — Tobacco products acquired in one Member State and transported to another Member State — Purely quantitative assessment criteria — Article 34 TFEU — Quantitative restrictions on imports
Language of the case: French
Case C‑415/11 Aziz v Catalunyacaixa
Directive 93/13/EEC — Consumer contracts — Mortgage loan agreement — Mortgage enforcement proceedings — Powers of the court hearing the declaratory proceedings — Unfair terms — Assessment criteria
Request for a preliminary ruling from the Juzgado de lo Mercantil nº 3 de Barcelona
Language of the case: Spanish
Case C‑419/11 Česká spořitelna v Feichter
Regulation (EC) No 44/2001 — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Articles 5(1)(a) and 15(1) — Concepts of ‘matters relating to a contract’ and ‘contract concluded by a consumer’ — Promissory note — Aval — Guarantee provided for a credit contract
Request for a preliminary ruling from the Městský soud v Praze
Language of the case: Czech
Case C‑420/11 Leth v Republik Österreich and Land Niederösterreich
Environment — Directive 85/337/EEC — Assessment of the effects of certain public and private projects on the environment — Consent for such a project without an appropriate assessment — Objectives of that assessment — Conditions to which the existence of a right to compensation are subject — Whether protection of individuals against pecuniary damage is included
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C‑527/11 Ablessio v Valsts ieņēmumu dienests
VAT — Directive 2006/112/EC — Articles 213, 214 and 273 — Identification of taxable persons subject to VAT — Refusal to assign a VAT identification number on the ground that the taxable person is not in possession of the material, technical and financial resources to carry out the declared economic activity — Legality — Countering tax evasion — Principle of proportionality
Request for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
Case C‑545/11 Agrargenossenschaft Neuzelle v Landrat des Landkreises Oder-Spree
Common agricultural policy — Regulation (EC) No 73/2009 — Article 7(1) and (2) — Modulation of direct payments granted to farmers — Further reduction in the amount of direct payments — Validity — Principle of the protection of legitimate expectations — Principle of non-discrimination
Request for a preliminary ruling from the Verwaltungsgericht Frankfurt (Oder)
Language of the case: German
Joined Cases C‑399/10 P and C‑401/10 P Bouygues and Bouygues Télécom v Commission and Others and Commission v France and Others
Appeals — State aid — Financial measures in favour of France Télécom — Shareholder loan proposal — Public declarations by a member of the French government — Decision declaring the aid incompatible with the common market and not ordering its recovery — Meaning of State aid — Meaning of economic advantage — Meaning of commitment of State resources
Language of the case: French
Case C‑92/11 RWE Vertrieb v Verbraucherzentrale Nordrhein-Westfalen
Directive 2003/55/EC — Internal market in natural gas — Directive 93/13/EEC — Articles 1(2) and 3 to 5 — Contracts between suppliers and consumers — General conditions — Unfair terms — Unilateral alteration by the supplier of the price of the service — Reference to mandatory legislation designed for another category of consumers — Applicability of Directive 93/13 — Obligation of use of plain and intelligible language and transparency
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑254/11 Szabolcs-Szatmár-Bereg Megyei Rendőrkapitányság Záhony Határrendészeti Kirendeltsége v Shomodi
Area of freedom, security and justice — ‘Local border traffic’ at the external land borders of the Member States — Regulation (EC) No 1931/2006 — Regulation (EC) No 562/2006 — Maximum duration of stay — Rules for calculation
Request for a preliminary ruling from the Magyar Köztársaság Legfelsőbb Bírósága
Language of the case: Hungarian
Case C‑375/11 Belgacom and Others v État belge
Telecommunication services — Directive 2002/20/EC — Articles 3 and 12 to 14 — Rights to use radio frequencies — Fees for rights to use radio frequencies — One-off fees for grant and renewal of rights to use radio frequencies — Method of calculation — Alteration of existing rights
Request for a preliminary ruling from the Cour constitutionnelle (Belgium)
Language of the case: French
Case C‑91/12 Skatteverket v PFC Clinic
VAT — Directive 2006/112/EC — Exemptions — Article 132(1)(b) and (c) — Hospital and medical care and closely related activities — Provision of medical care in the exercise of the medical and paramedical professions — Services consisting in the performance of plastic surgery and cosmetic treatments — Interventions of a purely cosmetic nature based solely on the patient’s wishes
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
Case C‑129/12 Magdeburger Mühlenwerke v Finanzamt Magdeburg
Regional aid scheme — Investment in the processing and marketing of agricultural products — Commission decision — Incompatibility with the internal market — Abolition of incompatible aid — Time at which aid is granted — Principle of the protection of legitimate expectations
Request for a preliminary ruling from the Finanzgericht des Landes Sachsen-Anhalt
Language of the case: German
Case C‑244/12 Salzburger Flughafen v Umweltsenat
Assessment of the effects of certain projects on the environment — Directive 85/337/EEC — Articles 2(1) and 4(2) — Projects listed in Annex II — Extension works to the infrastructure of an airport — Examination on the basis of thresholds or criteria — Article 4(3) — Selection criteria — Annex III, point 2(g) — Densely populated areas
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C‑324/12 Novontech-Zala v Logicdata
Article 99 of the Rules of Procedure — Judicial cooperation in civil matters — Regulation (EC) No 1896/2006 — European order for payment procedure — Opposition lodged out of time — Article 20 — Review in exceptional cases — No ‘extraordinary’ or ‘exceptional’ circumstances
Request for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
Information (on unpublished decisions)
Case C‑393/11 Autorità per l'energia elettrica e il gas v Bertazzi and Others
Article 99 of the Rules of Procedure of the Court of Justice — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Fixed-term employment contracts in the public sector — Stabilisation procedure — Recruitment of workers employed for a fixed term as career civil servants without a public competition — Determination of length of service — Complete disregard of periods of service completed under fixed-term employment contracts — Principle of non-discrimination
Case C‑19/12 Efir v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Value added tax — Directive 2006/112/EC — Articles 62, 63, 65, 73 and 80 — Establishment by natural persons of a building right in favour of a company in exchange for construction services by that company for those persons — Barter contract — VAT on construction services — Chargeable event — When chargeable — Whether both taxable transactions and exempt transactions are covered by the concept of a chargeable event — Payment on account of the entire consideration — Payment on account — Basis of assessment for a transaction in the event of consideration in the form of goods or services — Direct effect
Case C‑128/12 Sindicato dos Bancários do Norte and Others v BPN
Request for a preliminary ruling — Article 53(2) of the Rules of Procedure — Charter of Fundamental Rights of the European Union — National legislation establishing salary reductions for certain public sector workers — Failure to implement EU law — Clear lack of jurisdiction of the Court of Justice
Case C‑178/12 Rivas Montes v IMDECO
Articles 53(2) and 99 of the Rules of Procedure of the Court — Social policy — Principle of equal treatment — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Fixed-term employment contracts in the public sector — Determination of length of service — Difference in treatment between civil servants and contractual staff — Taking into account previous periods of employment completed in the administration — Clear lack of jurisdiction of the Court
Case C‑289/12 P Altner v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Measure not subject to review — Whether there is an obligation to hear the Advocate General before giving a decision by reasoned order pursuant to Article 111 of the Rules of Procedure of the General Court — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C‑389/12 P Szarvas v Hungary
Appeal — Article 181 Rules of Procedure of the Court of Justice — Action brought by a natural or legal person against a Member State — Clear lack of jurisdiction of the General Court — Appeal manifestly inadmissible — Appeal manifestly unfounded
Case C‑433/12 P Marcuccio v Court of Justice
Appeal — Action to establish non-contractual liability — Refusal by the Court Registry to act on letters addressed by the appellant to the First Advocate General of the Court — Article 256(2) TFEU — Request to initiate a review procedure in respect of certain decisions terminating proceedings delivered by the General Court in certain cases on appeal
Case C‑108/11 Commission v Ireland
Failure of a Member State to fulfil obligations — VAT — Reduced rate — Supply of greyhounds and horses not intended for the preparation or production of foodstuffs for human or animal consumption, hire of horses and insemination services — Directive 2006/112/EC — Infringement of Articles 96, 98, read in conjunction with Annex III, and 110
Case C‑276/11 P Viega v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Copper and copper alloy fittings sector — End-feed fittings and press fittings — Taking and assessment of the evidence — Right to be heard before a court — Obligation to state reasons — Principle of proportionality
Case C‑555/12 Loreti and Others v Comune di Zagarolo
Request for a preliminary ruling — Charter of Fundamental Rights of the European Union — Implementation of EU law — None — Clear lack of jurisdiction of the Court
Case C‑229/10 Pendão Lapa Costa Ferreira and Pendão Lapa Ferreira v Companhia de Seguros Tranquilidade
Article 99 of the Rules of Procedure — Insurance against civil liability in respect of the use of motor vehicles — Directives 72/166/EEC, 84/5/EEC and 90/232/EEC — Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles — Civil liability of the insured person — Victim’s contribution to loss or injury — Exclusion or limitation of the right to compensation
Case C‑362/11 Gomes Oliveira v Companhia de Seguros Lusitânia
Article 99 of the Rules of Procedure — Insurance against civil liability in respect of the use of motor vehicles — Directives 72/166/EEC, 84/5/EEC and 90/232/EEC — Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles — Victim’s contribution to loss or injury — Limitation of the right to compensation
Case C‑405/11 P Commission v Buczek Automotive
Appeal — State aid — Restructuring of the Polish steel industry — Concept of State aid — Recovery of public debts — Classification as State aid of the failure to request the liquidation of the debtor undertaking — Private creditor test — Allocation of the burden of proof — Limits of judicial review
Case C‑486/11 Rodrigues Esteves v Companhia de Seguros Allianz Portugal
Article 99 of the Rules of Procedure — Insurance against civil liability in respect of the use of motor vehicles — Directives 72/166/EEC, 84/5/EEC, 90/232/EEC and 2005/14/EC — Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles — Civil liability of the insured person — Victim’s contribution to loss or injury — Exclusion or limitation of the right to compensation
Case C‑522/11 Procura della Repubblica v Mbaye
Article 99 of the Rules of Procedure — Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures for returning illegally staying third-country nationals — National legislation penalising illegal residence by criminal sanctions
Case C‑613/11 Commission v Italy
Failure of a Member State to fulfil obligations — State aid — Aid granted by the Italian Republic to the Sardinian shipping sector — Commission Decision 2008/92/EC declaring that aid incompatible with the common market and ordering its recovery from the beneficiaries — Failure to implement within the prescribed period
Case C‑96/12 Freitas and Monteiro Pinto v Companhia de Seguros Allianz Portugal
Article 99 of the Rules of Procedure — Insurance against civil liability in respect of the use of motor vehicles — Directives 72/166/EEC, 84/5/EEC and 90/232/EEC — Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles — Victim’s contribution to loss or injury — Exclusion or limitation of the right to compensation
Case C‑153/12 Sani treyd v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Article 99 of the Rules of Procedure — VAT — Directive 2006/112/EC — Articles 62, 63, 65, 73 and 80 — Establishment of a building right by natural persons who are neither taxable persons nor persons liable for payment in favour of a company in exchange for the construction of immovable property by that company for those natural persons — Barter contract — VAT on supplies relating to the construction of the immovable property — Chargeable event — When chargeable — Payment on account of the entire consideration — Payment on account — Basis of assessment in the event of consideration in the form of goods or services
Case C‑197/12 Commission v France
Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Article 148 — Exemption of certain transactions intended for vessels carrying passengers for reward or used for the purpose of commercial activities — Condition that the vessels must be used for navigation on the high seas
Case C‑341/12 P Mizuno v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Figurative mark including the letter ‘G’ and the two symbols of gender — Opposition by the proprietor of the figurative mark including the letter ‘G’ and the symbol ‘+’ — Refusal of registration by the Board of Appeal
Case C‑393/12 P Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v OHIM
Appeal — Community trade mark — Word mark HELLIM — Opposition by the proprietor of the Community word mark HALLOUMI — Opposition dismissed
Case C‑465/12 P Simov v Commission and Bulgaria
Appeal — Commission decision — Failure to initiate infringement proceedings against the Republic of Bulgaria — Decisions taken by the Bulgarian authorities concerning the national system relating to seafarers — Alleged infringement of EU law
April 2013
Case C‑85/11 Commission v Ireland
Failure of a Member State to fulfil obligations — Taxation — Directive 2006/112/EC — Articles 9 and 11 — National legislation permitting the inclusion of non-taxable persons in a group of persons who may be regarded as a single taxable person for VAT purposes
Language of the case: English
Case C‑258/11 Sweetman and Others v Bord Pleanála
Environment — Directive 92/43/EEC — Article 6 — Conservation of natural habitats — Special areas of conservation — Assessment of the implications for a protected site of a plan or project — Criteria to be applied when assessing the likelihood that such a plan or project will adversely affect the integrity of the site concerned — Lough Corrib site — N6 Galway City Outer Bypass road scheme
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
Case C‑260/11 Edwards and Others v Environment Agency and Others
Environment — Aarhus Convention — Directive 85/337/EEC — Directive 2003/35/EC — Article 10a — Directive 96/61/EC — Article 15a — Access to justice in environmental matters — Meaning of ‘not prohibitively expensive’ judicial proceedings
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
Joined Cases C‑335/11 and C‑337/11 HK Danmark and HK Danmark v Dansk almennyttigt Boligselskab and Pro Display
Social policy — United Nations Convention on the Rights of Persons with Disabilities − Directive 2000/78/CE — Equal treatment in employment and occupation − Articles 1, 2 and 5 — Difference of treatment on grounds of disability — Dismissal — Existence of a disability — Employee absent because of disability — Obligation to provide accommodation — Part-time work — Length of the period of notice
Requests for a preliminary ruling from the Sø‑ og Handelsretten
Language of the case: Danish
Case C‑401/11 Soukupová v Ministerstvo zemědělství
Agriculture — EAGGF — Regulation (EC) No 1257/1999 — Support for rural development — Early retirement support — Transferor not less than 55 years old but not yet of normal retirement age at the time of transfer — Concept of ‘normal retirement age’ — National legislation determining a retirement age which varies depending on the sex of the applicant and, for women, on the number of children raised — General principles of equal treatment and non-discrimination
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C‑443/11 Jeltes and Others v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen
Social security for migrant workers — Article 45 TFEU — Regulation (EEC) No 1408/71 — Article 71 — Wholly unemployed atypical frontier workers who have maintained personal and business links in the Member State of last employment — Regulation (EC) No 883/2004 — Article 65 — Right to benefit in the Member State of residence — Refusal to pay by the Member State of last employment — Admissibility — Relevance of the judgment of the Court of 12 June 1986 in Case 1/85 Miethe — Transitional provisions — Article 87(8) — Concept of ‘unchanged situation’
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C‑535/11 Novartis Pharma v Apozyt
Reference for a preliminary ruling —Regulation (EC) No 726/2004 — Medicinal products for human use — Procedure for authorisation — Requirement for authorisation — Concept of medicinal products ‘developed’ by means of certain biotechnological processes, as referred to in point 1 of the Annex to that regulation — Repackaging process — Injectable solution distributed in single-use vials containing a larger quantity of the therapeutic solution than that actually used for the purposes of medical treatment — Part of the content of such vials drawn off, on prescription by a doctor, into syringes pre-filled with the prescribed dose, without any modification of the medicinal product
Request for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
Case C‑636/11 Berger v Freistaat Bayern
Regulation (EC) No 178/2002 — Consumer protection — Food safety — Public information — Placing on the market of food unfit for human consumption, but not constituting a health risk
Request for a preliminary ruling from the Landgericht München I
Language of the case: German
Case C‑645/11 Land Berlin v Sapir and Others
Regulation (EC) No 44/2001 — Articles 1(1) and 6(1) — Concept of ‘civil and commercial matters’ — Undue payment made by a State entity — Claim for recovery of that payment in legal proceedings — Determination of the court having jurisdiction in the case where claims are connected — Close connection between the claims — Defendant domiciled in a non-member State
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑652/11 P Mindo v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Italian market for the purchase and first processing of raw tobacco — Payment of the fine by the jointly and severally liable debtor — Interest in bringing proceedings — Burden of proof
Language of the case: English
Case C‑138/12 Rusedespred v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Taxation — VAT — Directive 2006/112/EC — Article 203 — Principle of fiscal neutrality — Refund to the supplier of tax paid where the recipient under an exempt transaction is refused a right of deduction
Request for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
Case C‑290/12 Della Rocca v Poste Italiane
Social policy — Directive 1999/70/EC — Framework Agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 2 — Scope of application of the Framework Agreement — Temporary employment business — Supply of temporary workers to a user undertaking — Successive fixed-term employment contracts
Request for a preliminary ruling from the Tribunale di Napoli
Language of the case: Italian
Case C‑202/11 Las v PSA Antwerp
Freedom of movement for workers — Article 45 TFEU — Company established in the Dutch-speaking region of the Kingdom of Belgium — Obligation to draft employment contracts in Dutch — Cross-border employment contract — Restriction — Disproportionate
Request for a preliminary ruling from the Arbeidsrechtbank te Antwerpen
Language of the case: Dutch
Joined Cases C‑274/11 and C‑295/11 Spain and Italy v Council
Unitary patent — Decision authorising enhanced cooperation under Article 329(1) TFEU — Actions for annulment on grounds of lack of competence, misuse of powers and infringement of the Treaties — Conditions laid down in Article 20 TEU and in Articles 326 TFEU and 327 TFEU — Non-exclusive competence — Decision adopted ‘as a last resort’ — Preserving the interests of the Union
Languages of the case: Spanish and Italian
Case C‑625/10 Commission v France
Failure of a Member State to fulfil obligations — Transport — Development of the Community’s railways — Directive 91/440/EEC — Article 6(3) and Annex II — Directive 2001/14/EC — Article 14(2) — Lack of legal independence of the railway infrastructure manager — Article 11 — Absence of a performance scheme — Incomplete transposition
Language of the case: French
Case C‑103/11 P Commission v Systran and Systran Luxembourg
Appeals — Articles 225(1) EC, 235 EC and 288, second paragraph, EC — Action in non-contractual liability against the European Community — Assessment of the non-contractual character of the dispute — Jurisdiction of the Community Courts
Language of the case: French
Case C‑463/11 L v M
Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Article 3(4) and (5) — Determination of the type of plans likely to have significant environmental effects — Building plan ‘for development within an urban area’ exempted from an environmental assessment under national legislation — Incorrect assessment of the qualitative condition of ‘inner city development’ — No effect on the legal validity of the building plan — Effectiveness of the directive undermined
Request for a preliminary ruling from the Verwaltungsgerichtshof Baden‑Württemberg
Language of the case: German
Case C‑548/11 Mulders v Rijksdienst voor Pensioenen
Social security — Regulation (EEC) No 1408/71 – Article 1(r) — Definition of ‘periods of insurance’ — Article 46 — Calculation of retirement pension — Periods of insurance to be taken into consideration — Frontier workers — Period of incapacity for work — Aggregation of similar benefits paid by two Member States — No account taken of a period of incapacity for work as a period of insurance — Residence requirement — National rules precluding the cumulation of benefits
Request for a preliminary ruling from the Arbeidshof te Antwerpen
Language of the case: Dutch
Case C‑565/11 Irimie v Administraţia Finanţelor Publice a Municipiului Sibiu and Administraţia Fondului pentru Mediu
Repayment of taxes levied by a Member State in breach of European Union law — National system limiting the interest payable by the Member State on the repaid tax — Interest calculated from the day following the date of the claim for repayment of the tax — Non-compliance with European Union law — Principle of effectiveness
Request for a preliminary ruling from the Tribunalul Sibiu
Language of the case: Romanian
Case C‑595/11 Steinel Vertrieb v Hauptzollamt Bielefeld
Commercial policy — Regulation (EC) No 1470/2001 — Regulation (EC) No 1205/2007 — Common Customs Tariff — Tariff classification — Combined Nomenclature — Definitive anti-dumping duties on imports of fluorescent compact lamps — Applicability of definitive anti-dumping duties to products classed in the tariff subheading referred to in the anti-dumping regulation — Product concerned — Scope
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C‑12/12 Colloseum Holding v Levi Strauss
Trade marks — Regulation (EC) No 40/94 — Article 15(1) — Definition of ‘genuine use’ — Trade mark used only as one element of a composite mark or in conjunction with another mark
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑247/12 Mustafa v 'Garantirani vzemania na rabotnitsite i sluzhitelite'
Protection of employees in the event of insolvency of their employer — Directive 80/987/EEC — Directive 2002/74/EC — Directive 2008/94/EC — Articles 2 and 3 — Obligation to provide a guarantee for employees’ claims — Possibility of limiting the guarantee to claims arising before the entry of the decision to open the insolvency proceedings in the register of companies — Decision to open the insolvency proceedings — Effects — Continuation of the employer’s activity
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Joined Cases C‑478/11 P to C‑482/11 P Gbagbo and Others v Council
Appeal — Common foreign and security policy — Restrictive measures adopted against persons and entities — Sixth paragraph of Article 263 TFEU — Period allowed for commencing proceedings — Force majeure — Armed conflict
Language of the case: French
Case C‑480/10 Commission v Sweden
Failure of a Member State to fulfil obligations — Taxation — Directive 2006/112/EC — Article 11 — National legislation restricting the possibility of forming a group of persons which can be regarded as a single taxable person for VAT purposes to undertakings in the financial and insurance sector
Language of the case: Swedish
Case C‑212/11 Jyske Bank Gibraltar v Administración del Estado
Prevention of the use of the financial system for the purposes of money laundering and terrorist financing — Directive 2005/60/EC — Article 22(2) — Decision 2000/642/JHA — Requirement to report suspicious financial transactions applicable to credit institutions — Institution operating under the rules on the freedom to provide services — Identification of the national financial information unit responsible for the collection of information — Article 56 TFEU — Obstacle to freedom to provide services — Overriding requirements in the public interest — Proportionality
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C‑398/11 Hogan and Others v Minister for Social and Family Affairs and Others
Reference for a preliminary ruling — Social policy — Approximation of laws — Protection of employees in the event of the insolvency of their employer — Directive 2008/94/EC — Scope — Supplementary occupational pension schemes — Defined benefit and balance of costs scheme — Insufficiency of resources — Minimum level of protection — Economic crisis — Balanced economic and social development — Obligations of the Member States concerned in the event of insufficiency of resources — Liability of the Member State in the event of incorrect transposition
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Case C‑81/12 Asociația Accept v Consiliul Naţional pentru Combaterea Discriminării
Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Articles 2(2)(a), 10(1) and 17 — Prohibition of discrimination on grounds of sexual orientation — Concept of ‘facts from which it may be presumed that there has been discrimination’ — Modified burden of proof — Effective, proportionate and dissuasive sanctions — Person presenting himself and being perceived by public opinion as playing a leading role in a professional football club — Public statements ruling out the recruitment of a footballer presented as being homosexual
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C‑89/12 Bark v Galileo Joint Undertaking
Joint undertakings — Contracts concluded with members of staff — Applicable rules — Regulation (EC) No 876/2002
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
Information (on unpublished decisions)
Case C‑158/12 Commission v Ireland
Failure of a Member State to fulfil obligations — Environment — Directive 2008/1/EC — Article 5 — Integrated pollution prevention and control — Conditions governing the granting of permits for existing installations — Obligation to ensure that such installations operate in accordance with the requirements of that directive
Case C‑354/12 P Asa v OHIM
Appeal — Article 181 of the Rules of Procedure — Community trade mark — Article 8(1)(b) of Regulation (EC) No 207/2009 — Relative ground for refusal — Word mark FEMIFERAL — Opposition by the proprietor of the earlier word and figurative mark feminatal
Case C‑413/11 Germanwings v Amend
Article 99 of the Rules of Procedure — Air transport — Regulation (EC) No 261/2004 — Passengers’ right to compensation in the event of long delay to a flight — Principle of the separation of powers in the European Union
Case C‑368/12 Adiamix v Ministre de l'Économie et des Finances
Article 53(2) of the Rules of Procedure — Request for a preliminary ruling — State aid — Commission Decision declaring an aid scheme incompatible with the common market — Recovery of aid — Assessment of the validity of an EU act – Lack of information on the reasons justifying the need for a reply to the questions referred — Manifest inadmissibility
Case C‑64/11 Commission v Spain
Failure of a Member State to fulfil its obligations — Freedom of establishment — Article 49 TFEU — Restrictions — Tax legislation — Immediate taxation of unrealised gains — Transfer of the place of residence of a company, termination of the activities of a permanent establishment or transfer of the assets of that establishment
Case C‑65/11 Commission v Netherlands
Failure of a Member State to fulfil obligations — Taxation — Directive 2006/112/EC — Articles 9 and 11 — National legislation allowing the inclusion of non-taxable persons in a group of persons that may be regarded as a single taxable person for purposes of VAT — Consultation of the VAT Committee
Case C‑74/11 Commission v Finland
Failure of a Member State to fulfil obligations — Taxation — Directive 2006/112/EC — Articles 9 and 11 — National legislation permitting the inclusion of non-taxable persons in a group of persons which can be regarded as a single taxable person for VAT purposes and restricting the possibility of forming such a group to the financial and insurance sector
Case C‑86/11 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Taxation — Directive 2006/112/EC — Articles 9 and 11 — National legislation permitting the inclusion of non-taxable persons in a group of persons who may be regarded as a single taxable person for VAT purposes
Case C‑95/11 Commission v Denmark
Failure of a Member State to fulfil obligations — Taxation — Directive 2006/112/EC — Articles 9 and 11 — National legislation allowing non-taxable persons to be considered as a single taxable person subject to VAT
Case C‑109/11 Commission v Czech Republic
Failure of a Member State to fulfil obligations — Taxation — Directive 2006/112/EC — Articles 9 and 11 — National legislation authorising persons not subject to taxation to be part of a VAT group
Case C‑331/11 Commission v Slovakia
Failure of a Member State to fulfil obligations — Directive 1999/31/EC — Landfill of waste — Article 14 — Existing landfill — Lack of site conditioning plan — Continued operation
Case C‑55/12 Commission v Ireland
Failure of a Member State to fulfil obligations — Directive 2003/96/EC — Taxation of energy products and electricity — Exemption from excise duty on fuel used by disabled persons for motor vehicles — Exemption maintained after the expiry of the transitional period — Infringement
May 2013
Joined Cases C‑197/11 and C‑203/11 Libert and Others v Gouvernement flamand and Vlaamse Regering
Fundamental freedoms — Restriction — Justification — State aid — Concept of ‘public works contract’ — Land and buildings located in certain communes — National legislation making the transfer of land and buildings subject to the condition that there exists a ‘sufficient connection’ between the prospective buyer or tenant and the target commune — Social obligation on subdividers and developers — Tax incentives and subsidy mechanisms
Request for a preliminary ruling from the Cour constitutionnelle (Belgium)
Languages of the case: French and Dutch
Case C‑508/11 P Eni v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Butadiene rubber and emulsion styrene butadiene rubber market manufactured by emulsion polymerisation — Attributability of unlawful conduct of subsidiaries to their parent companies — Presumption of the actual exercise of a decisive influence — Obligation to state reasons — Gravity of the infringement — Multiplier for deterrence — Actual impact on the market — Aggravating circumstances — Repeated infringements
Language of the case: Italian
Case C‑529/11 Alarape and Tijani v Secretary of State for the Home Department
Freedom of movement for persons — Regulation (EEC) No 1612/68 — Article 12 — Divorced spouse of a national of a Member State who has worked in another Member State — Adult child pursuing his studies in the host Member State — Right of residence of parent who is national of a non-Member State — Directive 2004/38/EC — Articles 16 to 18 — Right of permanent residence of family members of a Union citizen who are not nationals of a Member State — Legal residence — Residence based on Article 12 above
Request for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber) London
Language of the case: English
Case C‑87/12 Ymeraga and Others v Ministre du Travail, de l'Emploi et de l'Immigration
Citizenship of the Union — Article 20 TFEU — Right of residence of third‑country nationals who are family members of a Union citizen who has not exercised his right of freedom of movement — Fundamental rights
Request for a preliminary ruling from the Cour administrative (Luxembourg)
Language of the case: French
Case C‑142/12 Marinov v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Value added tax — Directive 2006/112/EC — Articles 18(c), 74 and 80 — Cessation of the taxable economic activity — Removal of the taxable person from the VAT register by the tax authorities — Retention of goods on which the VAT became deductible — Taxable amount — Open market value or purchase value — Determination at the time of the transaction — Direct effect of Article 74
Request for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
Case C‑271/12 Petroma Transports and Others v Belgian State and Belgium
Taxation — Value added tax — Sixth Directive 77/388/EEC — Right to deduct input tax — Obligations of the taxable person — Possession of improper or inaccurate invoices — Omission of mandatory particulars — Refusal of the right to deduct — Evidence subsequent to the occurrence of the transactions invoiced — Correcting invoices — Right to refund of VAT — Principle of neutrality
Request for a preliminary ruling from the Cour d’appel de Mons
Language of the case: French
Case C‑589/10 Wencel v Zakład Ubezpieczeń Społecznych w Białymstoku
Article 45 TFEU — Regulation (EEC) No 1408/71 — Article 10 — Old‑age benefits — Habitual residence in two different Member States — A survivor’s pension received in one of those States and a retirement pension in the other — Withdrawal of one of those benefits — Recovery of benefits to which it is alleged the recipient was not entitled
Request for a preliminary ruling from the Sąd Apelacyjny w Białymstoku
Language of the case: Polish
Case C‑228/11 Melzer v MF Global UK
Judicial cooperation in civil matters — Special jurisdiction in matters of tort, delict and quasi-delict — Cross-border participation by several persons in the same unlawful act — Possibility of establishing territorial jurisdiction according to the place where the act was committed by one of the perpetrators of the damage other than the defendant (‘wechselseitige Handlungsortzurechnung’)
Request for a preliminary ruling from the Landgericht Düsseldorf
Language of the case: German
Case C‑169/12 TNT Express Worldwide (Poland) v Minister Finansów
Value added tax — Directive 2006/112/EC — Article 66(a) to (c) — Transport and shipping services — Chargeability — Date on which payment is received and no later than 30 days from the date on which the services are supplied — Invoice issued earlier
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C‑191/12 Alakor Gabonatermelő és Forgalmazó v Nemzeti Adó- és Vámhivatal Észak-alföldi Regionális Adó Főigazgatósága
Non-repayment of the entirety of value added tax unduly paid — National legislation precluding repayment of VAT because it has been passed on to a third party — Compensation in the form of aid covering a fraction of the non-deductible VAT — Unjust enrichment
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C‑239/12 P Abdulrahim v Council and Commission
Appeal — Common foreign and security policy (CFSP) — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al‑Qaida network and the Taliban — Regulation (EC) No 881/2002 — Action for annulment — Removal of the interested party from the list of persons and entities concerned — Interest in bringing proceedings
Language of the case: English
Case C‑512/10 Commission v Poland
Failure of a Member State to fulfil obligations — Transport — Directive 91/440/EEC — Development of the Community’s railways — Directive 2001/14/EC — Allocation of railway infrastructure capacity — Article 6(2) and (3) of Directive 2001/14 — Continued absence of financial balance — Articles 6(1) and 7(3) and (4) of Directive 91/440 — Absence of incentives for infrastructure managers — Articles 7(3) and 8(1) of Directive 2001/14 — Calculation of the minimum access charge
Language of the case: Polish
Case C‑270/11 Commission v Sweden
Failure of a Member State to fulfil obligations — Directive 2006/24/EC — Retention of data generated or processed in connection with the provision of electronic communications services — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Article 260 TFEU — Pecuniary penalties — Imposition of a lump sum payment
Language of the case: Swedish
Case C‑397/11 Jőrös v Aegon Magyarország Hitel
Directive 93/13/EEC — Unfair terms in consumer contracts — Examination by the national court, of its own motion, as to whether a contractual term is unfair — Consequences to be drawn by the national court from a finding that the term is unfair
Request for a preliminary ruling from the Fővárosi Bíróság
Language of the case: Hungarian
Case C‑488/11 Asbeek Brusse and de Man Garabito v Jahani
Directive 93/13/EEC — Unfair terms in consumer contracts — Residential tenancy agreement between a landlord acting on a commercial basis and a tenant acting on a non-commercial basis — Examination by the national court, of its own motion, as to whether a contractual term is unfair — Penalty clause — Annulment of the clause
Request for a preliminary ruling from the Gerechtshof te Amsterdam
Language of the case: Dutch
Case C‑528/11 Halaf v Darzhavna agentsia za bezhantsite pri Ministerskia savet
Asylum — Regulation (EC) No 343/2003 — Determination of the Member State responsible for examining an application for asylum lodged in one of the Member States by a third-country national — Article 3(2) — Discretion of the Member States — Role of the Office of the United Nations High Commissioner for Refugees — Obligation of Member States to request that Office to present its views — None
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C‑534/11 Arslan v Policie ČR
Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures for returning illegally staying third-country nationals — Applicability to asylum seekers — Possibility of keeping a third-country national in detention after an application for asylum has been made
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C‑604/11 Genil 48 and Comercial Hostelera de Grandes Vinos v Bankinter and Banco Bilbao Vizcaya Argentaria
Directive 2004/39/EC — Markets in financial instruments — Article 19 — Conduct of business obligations when providing investment services to clients — Investment advice — Other investment services — Obligation to assess the suitability or appropriateness of the service to be provided — Contractual consequences of non-compliance with that obligation — Investment service offered as part of a financial product — Interest-rate swap agreements to protect against the risk of variations of interest rates on financial products
Request for a preliminary ruling from the Juzgado de Primera Instancia No 12 de Madrid
Language of the case: Spanish
Case C‑651/11 Staatssecretaris van Financiën v X
VAT — Sixth Directive 77/388/EEC — Article 5(8) — Concept of ‘transfer of a totality of assets or part thereof’ — Disposal of 30% of the shares in a company to which the transferor supplies services that are subject to VAT
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑663/11 Scandic Distilleries v Direcţia Generală de Administrare a Marilor Contribuabili
Request for a preliminary ruling — Directive 92/12/EEC — Excise duties — Products released for consumption in a Member State where the excise duty was paid — Same products transported to another Member State where the excise duty has also been paid — Request for reimbursement of the excise duty paid in the first Member State — Refusal for not introducing the request before the goods were dispatched — Compatibility with EU law
Request for a preliminary ruling from the Curtea de Apel Oradea
Language of the case: Romanian
Case C‑677/11 Doux Élevage and Coopérative agricole UKL-ARREE v Ministère de l'Agriculture, de l'alimentation, de la pêche, de la ruralité et de l'aménagement du territoire and CIDEF
Article 107(1) TFEU — State aid — Concept of ‘State resources’ — Concept of ‘imputability to the State’ — Inter-trade organisations in the agricultural sector — Recognised organisations — Common activities decided on by those organisations in the interests of trade — Financing by means of contributions introduced on a voluntary basis by those organisations — Administrative measure making those contributions compulsory for all traders in the agricultural industry affected
Request for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
Case C‑342/12 Worten v ACT
Processing of personal data — Directive 95/46/EC — Article 2 — Concept of ‘personal data’ — Articles 6 and 7 — Principles relating to data quality and criteria for making data processing legitimate — Article 17 — Security of processing — Working time — Record of working time — Access by the national authority responsible for monitoring working conditions — Employer’s obligation to make available the record of working time so as to allow its immediate consultation
Request for a preliminary ruling from the Tribunal do Trabalho de Viseu
Language of the case: Portuguese
Case C‑168/13 PPU F. v Premier ministre
Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — Articles 27(4) and 28(3)(c) — European arrest warrant and surrender procedures between Member States — Speciality rule — Application for extension of the European arrest warrant on which the surrender was based or for onward surrender to another Member State — Decision of the judicial authority of the executing Member State to give consent — Appeal with suspensive effect —Whether permitted
Request for a preliminary ruling from the Conseil constitutionnel
Language of the case: French
Information (on unpublished decisions)
Case C‑584/11 P Dow AgroSciences and Others v Commission
Appeal — Plant protection products — Active substance trifluralin — Non-inclusion in Annex I to Directive 91/414/EEC — Decision 1999/468/EC — Article 5
Case C‑418/12 P TME v Commission
Appeal — Public service contracts — Call for tenders in relation to the rehabilitation of the Bucharest wastewater treatment plant, jointly financed by the ISPA structural funds — Allegedly unlawful decision of the Romanian authorities to reject the tender submitted by the appellant — Refusal of the Commission to open an infringement or financial adjustment procedure against Romania
Case C‑268/12 P Cadila Healthcare v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Likelihood of confusion — Word mark ZYDUS — Opposition by the proprietor of the Community trade mark ZIMBUS — Partial refusal of registration by the Board of Appeal of OHIM
Case C‑542/12 Procura della Repubblica v Fidenato
Article 99 of the Rules of Procedure — Directive 2002/53/EC — Common catalogue of varieties of agricultural plant species — Genetically modified organisms (GMOs) entered in the common catalogue — Regulation (EC) No 1829/2003 — Article 20 — Existing products — Directive 2001/18/EC — Article 26a — Measures to avoid the accidental presence of genetically modified organisms
Case C‑73/13 T
Request for a preliminary ruling — Charter of Fundamental Rights of the European Union — Implementation of EU law — None — Clear lack of jurisdiction of the Court
Case C‑294/12 P You-Q v OHIM
Appeal — Community trade mark — Figurative mark containing the word element ‘BEATLE’ — Opposition by the proprietor of the Community and national word and figurative marks containing the word elements ‘BEATLES’ and ‘THE BEATLES’ — Refusal of registration by the Board of Appeal — Article 8(5) of Regulation (EC) No 40/94
Case C‑498/07 P‑DEP Deoleo (formerly Koipe) v Aceites del Sur-Coosur (formerly Aceites del Sur)
Taxation of costs
Case C‑242/11 P Caixa Geral de Depósitos v Commission
Appeal — Articles 149 and 181 of the Rules of Procedure of the Court of Justice — European Regional Development Fund (ERDF) — Global grant for local development in Portugal — Reduction of financial assistance — No need to adjudicate — Manifest inadmissibility
Case C‑564/11 Consulta Regionale Ordine Ingegneri della Lombardia and Others v Comune di Pavia
Article 99 of the Rules of Procedure — Public contracts — Directive 2004/18/EC — Article 1(2)(a) and (d) — Services — Study and technical and scientific consultancy for the purposes of drawing up the measures forming a municipal town and country planning programme — Contract concluded between two public entities, one of which is a university — Public entity capable of being classified as an economic operator
Case C‑615/11 P Commission v Ryanair
Appeal — Action for failure to act — Article 232 EC — Regulation (EC) No 659/1999 — Article 20(2) — State aid allegedly granted to Italian airlines — Complaint — Lack of a decision from the Commission
Case C‑260/12 P Volkswagen v OHIM
Appeal — Community trade mark — Word mark Swift GTi — Opposition by the proprietor of national and international word marks GTI — Withdrawal of the opposition — Appeal which has become devoid of purpose — No need to adjudicate
Case C‑379/12 P Arav v OHIM
Appeal — Community trade mark — Word mark H.EICH — Opposition by the proprietor of the earlier figurative mark H- SILVIAN HEACH — Refusal of registration
Case C‑444/12 Hardimpex v Nemzeti Adó- és Vámhivatal Kiemelt Ügyek és Adózók Adó
Taxation — VAT — Directive 2006/112/EC — Principle of fiscal neutrality — Right to deduction — Refusal — Suspicious transactions — Fraud committed at an earlier point — Burden of proof
Case C‑14/12 P Shah and Shah v Three-N-Products Private
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Application for registration of the Community word mark AYUURI NATURAL — Opposition by the proprietor of the earlier Community word and figurative marks AYUR — Appeal manifestly inadmissible and manifestly unfounded
Case C‑70/12 P Quinn Barlo and Others v Commission
Appeal — Agreements, decisions and concerted practices — European market for methacrylates — Duration of the infringement — Presumption of innocence — Statement of reasons — Unlimited jurisdiction — General principles of the protection of legitimate expectations and equal treatment — Proportionality of the fine
Case C‑357/12 P Wohlfahrt v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Articles 8(1)(b) and 43(2) — Word sign ‘Kindertraum’ — Opposition of the proprietor of the earlier national word mark Kinder
Case C‑106/13 Fierro and Marmorale v Ronchi and Scocozza
Request for a preliminary ruling — Charter of Fundamental Rights of the European Union — Implementation of EU law — None — Clear lack of jurisdiction of the Court
June 2013
Case C‑300/11 ZZ v Secretary of State for the Home Department
Freedom of movement for persons — Directive 2004/38/EC — Decision refusing a citizen of the European Union admission to a Member State on public security grounds — Article 30(2) of the directive — Obligation to inform the citizen concerned of the grounds of that decision — Disclosure contrary to the interests of State security — Fundamental right to effective judicial protection)
Request for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)
Language of the case: English
Case C‑383/10 Commission v Belgium
Failure of a Member State to fulfil obligations — Articles 56 TFEU and 63 TFEU — Articles 36 and 40 of the EEA Agreement — Tax legislation — Tax exemption reserved to interest payments by resident banks and excluding interest payments by banks established abroad
Language of the case: French
Case C‑536/11 Bundeswettbewerbsbehörde v Donau Chemie and Others
Competition — Access to the file — Judicial proceedings relating to fines for infringement of Article 101 TFEU — Third-party undertakings wishing to bring an action for damages — National rules making access to the file subject to the consent of all parties to the proceedings — Principle of effectiveness
Request for a preliminary ruling from the Oberlandesgericht Wien
Language of the case: German
Case C‑648/11 MA and Others v Secretary of State for the Home Department
Regulation (EC) No 343/2003 — Determining the Member State responsible — Unaccompanied minor — Successive applications for asylum lodged in two Member States — Absence of a member of the family of the minor in the territory of a Member State — Second paragraph of Article 6 of Regulation No 343/2003 — Transfer of the minor to the Member State in which he lodged his first application — Compatibility — Child’s best interests — Article 24(2) of the Charter
Request for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)
Language of the case: English
Case C‑667/11 Paltrade v Nachalnik na Mitnicheski punkt — Pristanishte Varna pri Mitnitsa Varna
Commercial policy — Regulation (EC) No 1225/2009 — Articles 13 and 14 — Imports of products originating in China — Anti-dumping duties — Circumvention — Re-consignment of goods via Malaysia — Implementing Regulation (EU) No 723/2011 — Registration of imports — Recovery of anti-dumping duties — Retroactivity
Request for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
Case C‑386/11 Piepenbrock v Kreis Düren
Public contracts — Directive 2004/18/EC — Definition of ‘public contract’ — Article 1(2)(a) — Contract concluded between two local authorities — Transfer by one entity of the responsibility for cleaning certain of its buildings to another entity in return for financial compensation
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C‑511/11 P Versalis (formerly Polimeri Europa) v Commission
Appeal — Agreements, decisions and concerted practices — Market in butadiene rubber and styrene-butadiene rubber manufactured by emulsion polymerisation — Fixing price targets, sharing clients by non-aggression agreements and exchanging commercial information — Evidence — Attributability of unlawful conduct — Amount of the fine — Gravity and duration of the infringement — Aggravating circumstance — Repeated infringement
Language of the case: Italian
Joined Cases C‑630/11 P to C‑633/11 P HGA and Others v Commission
Appeals — Regional State aid — Aid to the hotel industry in Sardinia — New aid — Alteration to an existing aid scheme — Corrective decision — Possibility of adopting such a decision — Regulation (EC) No 659/1999 — Articles 4(5), 7(6), 10(1), 13(2), 16 and 20(1) — Incentive effect of the aid — Protection of legitimate expectations
Language of the case: Italian
Joined Cases C‑671/11 to C‑676/11 Viniflhor v Unanimes and Others
Agriculture — European Agricultural Guidance and Guarantee Fund — ‘Period under scrutiny’ — Possibility of extending the period under scrutiny and adjusting the temporal parameters — Objective of effective supervision — Legal certainty
Requests for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
Case C‑3/12 Syndicat OP 84 v FranceAgriMer
Agriculture — European Agricultural Guidance and Guarantee Fund — ‘Scrutiny period’ — Possibility for a Member State to extend the scrutiny period where it is impossible to carry out that scrutiny in the time allowed — Repayment of financial assistance — Penalties
Request for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
Case C‑45/12 ONAFTS v Hadj Ahmed
Social security for migrant workers — Regulation (EEC) No 1408/71 — Scope ratione personae — Grant of family benefits to a third-country national with a right of residence in a Member State — Regulation (EC) No 859/2003 — Directive 2004/38/EC — Regulation (EEC) No 1612/68 — Length-of-residence requirement
Request for a preliminary ruling from the Cour du travail de Bruxelles
Language of the case: French
Case C‑62/12 Kostov v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Common system of value added tax — Directive 2006/112/EC — Article 9(1) — Concept of ‘taxable person’ — Natural person — Taxable supply of a service — Occasional supply — Unconnected with a registered professional activity subject to VAT — Self-employed bailiff
Request for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
Case C‑125/12 Promociones y Construcciones BJ 200 SL
VAT — Directive 2006/112/EC — Article 199(1)(g) — Voluntary insolvency proceedings — Person liable for payment of tax — Liability of the person who is the recipient of certain transactions — Concept of ‘compulsory sale procedure’
Request for a preliminary ruling from the Juzgado de lo Mercantil No 1 de Granada
Language of the case: Spanish
Case C‑144/12 Goldbet Sportwetten v Sperindeo
Regulation (EC) No 1896/2006 — European order for payment procedure — Articles 6 and 17 — Opposition to the European order for payment without any challenge to the jurisdiction of the court of the Member State of origin — Regulation (EC) No 44/2001 — Jurisdiction and recognition and enforcement of judgments in civil and commercial matters — Article 24 — Entering of an appearance of the defendant before the court seised — Applicability in the context of the European order for payment procedure
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C‑415/12 Brandes v Land Niedersachsen
Social policy — Directive 2003/88/EC — Entitlement to paid annual leave — Framework agreement on part-time work — Full-time worker having been unable to exercise her entitlement to paid annual leave during the reference period — Move of that worker to a scheme of part-time work — National provision or practice providing for a reduction in the number of days of paid leave previously accumulated thereby to be in proportion to the number of days of part-time work per week
Request for a preliminary ruling from the Arbeitsgericht Nienburg
Language of the case: German
Case C‑681/11 Bundeswettbewerbsbehörde and Bundeskartellanwalt v Schenker & Co. and Others
Agreements, decisions and concerted practices — Article 101 TFEU — Regulation (EC) No 1/2003 — Articles 5 and 23(2) — Intention-related or negligence-related conditions for imposing a fine — Impact of legal advice or of a decision of a national competition authority — Power of a national competition authority to find the infringement of European Union competition law without imposing a fine
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C‑568/11 Agroferm v Ministeriet for Fødevarer, Landbrug og Fiskeri
Tariff classification — Combined Nomenclature — Sugar-based product consisting of 65% lysine sulphate and 35% impurities resulting from the manufacturing process — Regulation (EC) No 1719/2005 — Regulation (EC) No 1265/2001 — Production refund on certain products used in the chemical industry — Community aid wrongly paid — Repayment — Principle of the protection of legitimate expectations
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
Case C‑635/11 Commission v Netherlands
Failure of a Member State to fulfil obligations — Directive 2005/56/EC — Cross-border mergers of limited liability companies — Article 16(2)(a) and (b) — Company resulting from a cross-border merger — Employees employed in the Member State where the company has its registered office or in other Member States — Participation rights — Failure to provide identical rights
Language of the case: Dutch
Case C‑653/11 Her Majesty's Commissioners of Revenue and Customs v Newey
Reference for a preliminary ruling — Sixth VAT Directive — Article 2(1) and Article 6(1) — Meaning of ‘supply of services’ — Supply of advertising and loan broking services — Exemptions — Economic and commercial reality of the transactions — Abusive practices — Transactions with the sole aim of obtaining a tax advantage
Request for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
Case C‑7/12 Riežniece v Latvijas Republikas Zemkopības ministrija and Lauku atbalsta dienests
Social policy — Directive 76/207/EEC — Equal treatment for male and female workers — Directive 96/34/EC — Framework Agreement on Parental Leave — Abolishment of officials’ posts due to national economic difficulties — Assessment of a female worker who took parental leave as compared to workers who remained in active service — Dismissal at the end of parental leave — Indirect discrimination
Request for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
Case C‑20/12 Giersch and Others v État du Grand-Duché de Luxembourg
Freedom of movement for persons — Equal treatment — Social advantages — Regulation (EEC) No 1612/68 — Article 7(2) — Financial aid for higher education studies — Condition of residence in the Member State granting the assistance — Refusal to grant the aid to students, who are European Union citizens not residing in the Member State concerned, whose father or mother, a frontier worker, works in that Member State — Indirect discrimination — Justification — Objective of increasing the proportion of residents with a higher education degree — Whether appropriate — Proportionality
Request for a preliminary ruling from the Tribunal administratif (Luxembourg)
Language of the case: French
Case C‑186/12 Impacto Azul v BPSA 9 and Others
Freedom of establishment — Restrictions — Joint and several liability of parent companies vis-à-vis the creditors of their subsidiaries — Exclusion of parent companies having their seat in another Member State — No restriction
Request for a preliminary ruling from the Tribunal Judicial de Braga
Language of the case: Portuguese
Case C‑219/12 Finanzamt Freistadt Rohrbach Urfahr v Unabhängiger Finanzsenat Außenstelle Linz
Sixth VAT Directive — Article 4(1) and (2) — Concept of ‘economic activities’ — Deduction of input tax — Operation of a photovoltaic installation on the roof of a house which is used as a dwelling — Supply to the network — Remuneration — Electricity production lower than consumption
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C‑259/12 Teritorialna direktsia na NAP v Rodopi-M 91
Taxation — VAT — Directive 2006/112/EC — Principles of fiscal neutrality and proportionality — Belated recording in the accounts and declaration of the cancellation of an invoice — Remedying of the omission — Payment of the tax — State budget — No harm suffered — Administrative penalty
Request for a preliminary ruling from the Administrativen sad Plovdiv
Language of the case: Bulgarian
Case C‑241/11 Commission v Czech Republic
Failure of a Member State to fulfil obligations — Directive 2003/41/EC — Activity and supervision of institutions for occupational retirement provision — Partial failure to transpose within the prescribed period — Judgment of the Court establishing that a Member State has failed to fulfil its obligations — Failure to comply with the judgment — Article 260(2) TFEU — Financial penalties — Lump sum
Language of the case: Czech
Case C‑569/10 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 94/22/EC — Conditions for granting and using authorisations for the prospection, exploration and extraction of hydrocarbons — Non-discriminatory access
Language of the case: Polish
Joined Cases C‑457/11 to C‑460/11 VG Wort v KYOCERA (formerly Kyocera Mita Deutschland) and Others and Fujitsu Technology Solutions and Hewlett-Packard v VG Wort
Intellectual and industrial property — Copyright and related rights in the information society — Directive 2001/29/EC — Reproduction right — Fair compensation — Concept of ‘reproductions on paper or any similar medium, effected by the use of any kind of photographic technique or by some other process having similar effects’ — Consequences of the non-application of technological measures which are available to prevent or restrict unauthorised acts — Consequences of an express or implied authorisation to reproduce
Requests for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑492/11 Di Donna v SIMSA
Judicial cooperation in civil matters — Mediation in civil and commercial matters — Directive 2008/52/EC — National legislation providing for a compulsory mediation procedure — No need to adjudicate
Request for a preliminary ruling from the Giudice di pace di Mercato San Severino
Language of the case: Italian
Case C‑542/11 Staatssecretaris van Financiën v Codirex Expeditie
Community Customs Code — Regulation (EEC) No 2913/92 — Goods in temporary storage — Non-Community goods — External Community transit procedure — Point at which a customs-approved treatment or use is assigned — Acceptance of the customs declaration — Release of the goods — Customs debt
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑575/11 Nasiopoulos v Ipourgos Igias & Pronias
Recognition of diplomas and other evidence of formal qualifications — Directive 2005/36/EC — Profession of physiotherapist — Partial and limited recognition of professional qualifications — Article 49 TFEU
Request for a preliminary ruling from the Simvoulio tis Epikratias
Language of the case: Greek
Case C‑71/12 Vodafone Malta and Mobisle Communications v L-Avukat Ġenerali and Others
Electronic communications networks and services — Directive 2002/20/EC — Articles 12 and 13 — Administrative charges and fees for rights of use — Charge applicable to mobile telephony operators — National legislation — Method of calculating the charge — Percentage of the costs paid by users
Request for a preliminary ruling from the Qorti Kostituzzjonali
Language of the case: Maltese
Case C‑93/12 Agrokonsulting-04 v Izpalnitelen direktor na Darzhaven fond Zemedelie Razplashtatelna agentsia
Agriculture — Procedural autonomy of the Member States — Common agricultural policy — Aid — Administrative law disputes — Determination of the court with jurisdiction — National criterion — Administrative court in whose judicial district the seat of the authority which adopted the contested act is located — Principle of equivalence — Principle of effectiveness — Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C‑155/12 Minister Finansów v RR Donnelley Global Turnkey Solutions Poland
VAT — Directive 2006/112/EC — Articles 44 and 47 — Place where taxable transactions are deemed to be carried out — Place of supply for tax purposes — Concept of ‘supply of services connected with immovable property’ — Complex cross-border service relating to the storage of goods
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C‑320/12 Malaysia Dairy Industries v Ankenævnet for Patenter og Varemærker
Approximation of laws — Directive 2008/95/EC — Article 4(4)(g) — Trade marks — Conditions for obtaining and continuing to hold a trade mark — Refusal of registration or invalidation — Concept of ‘bad faith’ of the applicant — Whether the applicant knows of the existence of a foreign mark
Request for a preliminary ruling from the Højesteret
Language of the case: Danish
Information (on unpublished decisions)
Case C‑183/12 P Ayadi v Commission
Appeal — Common foreign and security policy (CFSP) — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Regulation (EC) No 881/2002 — Action for annulment — Removal of the interested party from the list of persons and entities concerned — Interest in bringing proceedings
Case C‑381/12 P I Marchi Italiani v OHIM
Appeal — Community trade mark — Community mark B. Antonio Basile 1952 — Earlier national mark BASILE — Application for a declaration of invalidity — Limitation in consequence of acquiescence — Regulation (EC) No 40/94 — Article 53(2) — Relative ground for refusal — Article 8(1) of that regulation — Likelihood of confusion
Case C‑397/12 P Transports Schiocchet - Excursions v Council and Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Appeal manifestly unfounded and manifestly inadmissible — No failure to state reasons — Imprecise ground of appeal — Ground of appeal seeking reconsideration of the application at first instance
Case C‑535/12 P Faet Oltra v European Ombudsman
Appeal — Article 19 of the Statute of the Court — Action for annulment manifestly inadmissible — Principles of equal treatment and proportionality — Grounds of appeal manifestly unfounded
Case C‑14/13 Cholakova v Osmo Rayonno Upravlenie pri Stolichna direktsia na vatreshnite raboti
Request for a preliminary ruling — Articles 21(1) TFEU, 67 TFEU and 72 TFEU — Charter of Fundamental Rights of the European Union — National rules permitting a person to be detained in order to establish his identity — Lack of connection with EU law — Clear lack of jurisdiction of the Court
Case C‑193/12 Commission v France
Failure of a Member State to fulfil obligations — Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources — Designation of vulnerable zones — Excessive nitrate content — Eutrophication — Obligation of four-yearly revision
Case C‑287/12 P Ryanair v Commission
Appeal — State aid — Loan granted by the Italian Republic to the airline company Alitalia — Decision declaring the aid unlawful and incompatible — Sale of assets of Alitalia — Decision finding no aid at the conclusion of the preliminary examination phase — Action for annulment — Locus standi — Interested party — Admissibility — Serious difficulties — Competence — Duty to state reasons
Case C‑345/12 Commission v Italy
Failure of a Member State to fulfil obligations — Directive 2002/91/EC — Energy performance of buildings — Article 7(1) and (2), Article 9, Article 10 and Article 15(1) — Incorrect transposition — Failure to transpose within the prescribed period — Directive 2010/31/EU — Article 29
Case C‑346/12 P DMK Deutsches Milchkontor (formerly Nordmilch) v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Community word mark MILRAM — Opposition by the proprietor of the earlier national word and figurative marks RAM
Case C‑436/12 P Veolia Acqua Compagnia Generale delle Acque v Commission
Appeal — State aid — Aid to undertakings established in the territory of Venice and Chioggia
Case C‑269/12 P Cañas v Commission
Appeal — Competition — Anti-doping legislation — Decision to take no further action on a complaint lodged before the Commission — Concept of ‘interest in bringing proceedings’ — That interest remaining after the professional activity has ceased
Case C‑352/12 Consiglio Nazionale degli Ingegneri v Comune di Castelvecchio Subequo and Comune di Barisciano
Article 99 of the Rules of Procedure — Public contracts — Directive 2004/18/EC — Article 1(2)(a) and (d) — Services — Support activities relating to the drawing up of a reconstruction plan for certain parts of the territory of a municipality damaged by an earthquake — Contract concluded between two public entities, one a university — Public entity likely to be classified as an economic operator — Extraordinary circumstances
Case C‑468/12 CCIAA v Ciesse
Request for a preliminary ruling — Rules of Procedure — Articles 53(2), 93(a), and 99 — Directive 2008/7/EC — Indirect taxes on the raising of capital — Article 5(1)(c) — Scope — Annual duty paid to local chambers of commerce, industry, crafts and agriculture
Case C‑471/12 P Interspeed v Commission
Appeal — Essential procedural requirements — Compulsory representation of natural or legal persons by a lawyer authorised to practise before the courts or tribunals of a Member State — Application for legal aid — Manifest inadmissibility
Case C‑485/11 Commission v France
Failure of a Member State to fulfil obligations — Electronic communications networks and services — Directive 2002/20/EC — Article 12 — Administrative charges applicable to undertakings holding general authorisations — National legislation — Electronic telecommunications operators — Requirement to pay an additional charge
Case C‑149/12 P Xeda International and Pace International v Commission
Appeal — Plant protection products — Diphenylamine — Non-inclusion in Annex I to Directive 91/414/EEC — Procedure for the assessment of active substances — Withdrawal by notifier of support for inclusion of an active substance in that annex — Regulation (EC) No 1490/2002 and Regulation (EC) No 1095/2007
Case C‑566/12 P Baleanu v Commission
Appeal — Failure of the Commission to initiate proceedings for failure to fulfil obligations against Romania — Alleged infringements of the right to property by the Romanian authorities — Action for failure to act and for damages — Manifest inadmissibility
Case C‑567/12 P Barliba v Commission
Appeal — Failure of the Commission to initiate proceedings for failure to fulfil obligations against Romania — Alleged infringements of the right to property by the Romanian authorities — Action for failure to act and for damages — Manifest inadmissibility
Case C‑568/12 P Ioanovici v Commission
Appeal — Failure of the Commission to initiate proceedings for failure to fulfil obligations against Romania — Alleged infringements of the right to property by the Romanian authorities — Action for failure to act and for damages — Manifest inadmissibility
Case C‑569/12 P Micsunescu v Commission
Appeal — Failure of the Commission to initiate proceedings for failure to fulfil obligations against Romania — Alleged infringements of the right to property by the Romanian authorities — Action for failure to act and for damages — Manifest inadmissibility
Case C‑570/12 P Concal v Commission
Appeal — Failure of the Commission to initiate proceedings for failure to fulfil obligations against Romania — Alleged infringements of the right to property by the Romanian authorities — Action for failure to act and for damages — Manifest inadmissibility
July 2013
Case C‑287/11 P Commission v Aalberts Industries and Others
Appeal — Agreements, decisions and concerted practices — European market — Copper and copper alloy fittings sector — Commission decision — Finding of an infringement of Article 101 TFEU — Fines — Single, complex and continuous infringement — Cessation of the infringement — Continuation of the infringement by certain participants — Repeated infringement
Language of the case: English
Case C‑350/11 Argenta Spaarbank v Belgische Staat
Tax legislation — Corporation tax — Deduction for risk capital — Notional interest — Reduction of the amount deductible by companies with establishments abroad the income from which is exempt under double taxation conventions
Request for a preliminary ruling from the rechtbank van eerste aanleg te Antwerpen
Language of the case: Dutch
Case C‑100/12 Fastweb v Azienda Sanitaria Locale di Alessandria
Public procurement — Directive 89/665/EEC — Public procurement review — Action brought by an unsuccessful tenderer for review of a decision awarding a contract — Action for review based on the ground that the bid selected did not meet the technical specifications for the contract — Counterclaim made by the successful tenderer alleging that certain technical specifications for the contract were not respected in the bid submitted by the tenderer seeking review — Neither of those bids in compliance with the technical specifications for the contract — National case-law requiring that the counterclaim be examined first and, where such a counterclaim proves well founded, that the main action be declared inadmissible without any consideration of its merits — Whether compatible with EU law
Request for a preliminary ruling from the Tribunale amministrativo regionale per il Piemonte
Language of the case: Italian
Case C‑233/12 Gardella v INPS
Transfer of pension rights acquired in a Member State — Articles 45 TFEU and 48 TFEU — National rules not allowing for the right to transfer to an international organisation having its head office in another Member State the capital value representing the retirement contributions paid to a national social security body — Aggregation rule
Request for a preliminary ruling from the Tribunale di La Spezia
Language of the case: Italian
Case C‑496/09 INT Commission v Italy
Interpretation of a judgment — Inadmissibility
Language of the case: Italian
Case C‑545/10 Commission v Czech Republic
Failure of a Member State to fulfil obligations — Transport — Directive 91/440/EEC — Development of the Community’s railways — Article 10(7) — Regulatory body — Competences — Directive 2001/14/EC — Allocation of railway infrastructure capacity — Article 4(1) — Charging framework — Article 6(2) — Measures intended to provide the infrastructure manager with incentives to reduce the costs of provision of infrastructure and the level of access charges — Article 7(3) — Setting charges for the minimum access package and track access to service facilities — Cost directly incurred as a result of operating the railway service — Article 11 — Performance scheme — Article 30(5) — Regulatory body — Competences — Administrative appeal against the decisions of the regulatory body
Language of the case: Czech
Case C‑576/10 Commission v Netherlands
Failure of a Member State to fulfil obligations — Directive 2004/18/EC — Scope ratione temporis — Public works concession — Sale of land by a public body — Construction project established by that body for the redevelopment of public spaces
Language of the case: Dutch
Case C‑627/10 Commission v Slovenia
Failure of a Member State to fulfil obligations – Transport — Directive 91/440/EEC — Development of the Community’s railways — Directive 2001/14/EC — Allocation of railway infrastructure capacity — Article 6(3) and Annex II to Directive 91/440 — Article 14(2) of Directive 2001/14 — Infrastructure manager — Participation in the preparation of the service timetable — Traffic management — Article 6(2) to (5) of Directive 2001/14 — Failure to provide incentives for infrastructure managers to reduce the costs of provision of infrastructure and the level of access charges — Articles 7(3) and 8(1) of Directive 2001/14 — Cost that is directly incurred as a result of operating the train service — Article 11 of Directive 2001/14 — Performance scheme
Language of the case: Slovene
Case C‑409/11 Csonka and Others v Magyar Állam
Use of motor vehicles — Insurance against civil liability — Directive 72/166/EEC — Article 3(1) — Directive 84/5/EEC — Article 1(4), first subparagraph — Insolvency of the insurer — No payment of compensation by the body providing compensation
Request for a preliminary ruling from the Fővárosi Bíróság
Language of the case: Hungarian
Case C‑412/11 Commission v Luxembourg
Failure of a Member State to fulfil obligations — Transport — Development of the Community’s railways — Directive 91/440/EEC — Article 6(3) and Annex II — Directive 2001/14/EC — Article 14(2) — Independence of the body to which the exercise of essential functions is entrusted
Language of the case: French
Case C‑439/11 P Ziegler v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — International removal services market in Belgium — Guidelines on the effect on trade between Member States — Legal status — Requirement to define the relevant market — Scope — Right to fair legal process — Principle of good administration — Objective impartiality on the part of the Commission — Guidelines on the method of setting fines (2006) — Proportion of the value of sales — Obligation to state reasons — Fine reduced on grounds of inability to pay or the special circumstances of the case — Equal treatment
Language of the case: French
Case C‑440/11 P Commission v Gosselin Group and Stichting Administratiekantoor Portielje
Appeal — Competition — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — International removal services market in Belgium — Direct or indirect fixing of prices, market sharing and the manipulation of the procedure for the submission of tenders — Unlawful conduct imputable to the entity controlling the shareholdings — Definition of ‘undertaking’ — Presumption of actual exercise of decisive influence — Restriction of competition by object — Guidelines on the effect on trade between Member States — Guidelines on the method of setting fines (2006) — Mitigating circumstances
Language of the case: Dutch
Case C‑521/11 Amazon.com International Sales and Others v Austro-Mechana
Approximation of laws — Intellectual property — Copyright and related rights — Exclusive right of reproduction — Directive 2001/29/EC — Article 5(2)(b) — Fair compensation — Indiscriminate application with a possible right to recovery of the private copying levy intended to finance compensation — Payment of the revenue collected in part to rightholders and in part to social or cultural institutions — Double payment of the private copying levy in the context of a cross-border transaction
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C‑601/11 P France v Commission
Appeal — Action for annulment — Protection against transmissible spongiform encephalopathies — Regulation (EC) No 746/2008 — Regulation authorising less restrictive measures of surveillance and eradication than those previously laid down — Precautionary principle — Level of protection of human health — New elements capable of altering the perception of the risk — Failure to state reasons — Distortion of the facts — Error of law
Language of the case: French
Case C‑657/11 Belgian Electronic Sorting Technology v Peelaers and Visys
Directives 84/450/EEC and 2006/114/EC — Misleading and comparative advertising — Definition of ‘advertising’ — Registration and use of a domain name — Use of metatags in a website’s metadata
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
Case C‑57/12 Femarbel v Commission communautaire commune
Directive 2006/123/EC — Scope ratione materiae — Health care services — Social services — Day-care centres and night-care centres providing assistance and care to elderly persons
Request for a preliminary ruling from the Cour constitutionnelle (Belgium)
Language of the case: French
Case C‑273/12 Directeur général des douanes et droits indirects and Chef de l'agence de poursuites de la Direction nationale du renseignement et des enquêtes douanières v Harry Winston
Community Customs Code — Regulation (EEC) No 2913/92 — Article 206 — Incurrence of a customs debt — Theft of goods placed under customs warehousing arrangements — Notion of ‘irretrievable loss of goods as a result of force majeure’– Directive 2006/112/EC — Article 71 — Value added tax — Chargeable event — Chargeability of tax
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Joined Cases C‑584/10 P, C‑593/10 P and C‑595/10 P Commission v Kadi and Council and United Kingdom v Commission
Appeal — Common Foreign and Security Policy (CFSP) — Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban — Regulation (EC) No 881/2002 — Freezing of funds and economic resources of a person included in a list drawn up by a body of the United Nations — Listing of that person’s name in Annex I to Regulation (EC) No 881/2002 — Action for annulment — Fundamental rights — Rights of the defence — Principle of effective judicial protection — Principle of proportionality — Right to respect for property — Obligation to state reasons
Language of the case: English
Case C‑201/11 P UEFA v Commission
Appeal — Television broadcasting — Directive 89/552/EEC — Article 3a — Measures taken by the United Kingdom concerning events of major importance for the society of that Member State — European Football Championship — Decision declaring the measures compatible with EU law — Statement of reasons — Article 49 EC and 86 EC — Right to property
Language of the case: English
Case C‑204/11 P FIFA v Commission
Appeal — Television broadcasting — Directive 89/552/EEC — Article 3a — Measures taken by the Kingdom of Belgium concerning events of major importance for the society of that Member State — Football World Cup — Decision declaring the measures compatible with EU law — Statement of reasons — Articles 43 EC and 49 EC — Right to property
Language of the case: English
Case C‑205/11 P FIFA v Commission
Appeal — Television broadcasting — Directive 89/552/EEC — Article 3a — Measures taken by the United Kingdom concerning events of major importance for the society of that Member State — Football World Cup — Decision declaring the measures compatible with EU law — Statement of reasons — Articles 43 EC, 49 EC and 86 EC — Right to property
Language of the case: English
Joined Cases C‑210/11 and C‑211/11 Belgian State v Medicom and Maison Patrice Alard
Requests for a preliminary ruling — Sixth VAT Directive — Article 6(2), first paragraph, point (a) and Article 13(B)(b) — Right to deduction — Capital goods belonging to legal persons made partly available to their managers for private use — No rent payable in money, but taking into account of a benefit in kind for income tax purposes
Requests for a preliminary ruling from the Cour de cassation (Belgium)
Language of the case: French
Case C‑313/11 Commission v Poland
Failure of a Member State to fulfil obligations — Regulation (EC) No 1829/2003 — Animal feed — Genetically modified feed — Production, placing on the market or use — National prohibition not yet in force
Language of the case: Polish
Case C‑414/11 Daiichi Sankyo and Sanofi-Aventis Deutschland v DEMO
Common commercial policy — Article 207 TFEU — Commercial aspects of intellectual property — Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) — Article 27 — Patentable subject-matter — Article 70 — Protection of existing subject-matter
Request for a preliminary ruling from the Polimeles Protodikio Athinon
Language of the case: Greek
Case C‑426/11 Alemo-Herron and Others v Parkwood Leisure
Transfer of undertakings — Directive 2001/23/EC — Safeguarding of employees’ rights — Collective agreement applicable to the transferor and to the employee at the time of the transfer
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
Case C‑499/11 P Dow Chemical and Others v Commission
Appeal — Agreements, decisions and concerted practices — Market in butadiene rubber and emulsion styrene butadiene rubber — Fixing price targets, sharing clients by non-aggression agreements and exchanging commercial information — Imputability of the offending conduct — Discretion enjoyed by the Commission — Multiplier for deterrence — Equal treatment
Language of the case: English
Case C‑501/11 P Schindler Holding and Others v Commission
Appeal — Agreements, decisions and concerted practices — Market for the installation and maintenance of elevators and escalators — Liability of the parent company for infringements of the law on cartels committed by its subsidiary — Holding company — Internal compliance programme — Fundamental rights — Principles of the rule of law in the context of determination of the fines imposed — Separation of powers, and principles of legality, of non-retroactivity, of the protection of legitimate expectations and of fault — Regulation (EC) No 1/2003 — Article 23(2) — Validity — Legality of the 1998 Commission guidelines
Language of the case: German
Case C‑515/11 Deutsche Umwelthilfe v Bundesrepublik Deutschland
Public access to environmental information — Directive 2003/4/EC — Power of the Member States to exclude bodies acting in a legislative capacity from the definition of ‘public authority’ under that directive — Limits
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Joined Cases C‑523/11 and C‑585/11 Prinz and Seeberger v Region Hannover and Studentenwerk Heidelberg
Citizenship of the Union — Articles 20 TFEU and 21 TFEU — Right of freedom of movement and residence — Education or training grant awarded to nationals of a Member State in order to pursue their studies in another Member State — Requirement of residence in the home Member State for at least three years prior to the commencement of studies
Requests for a preliminary ruling from the Verwaltungsgericht Hannover
Language of the case: German
Case C‑621/11 P New Yorker SHK Jeans v OHIM
Appeal — Application for registration of the Community word mark FISHBONE — Opposition proceedings — Earlier national figurative mark FISHBONE BEACHWEAR — Genuine use of the earlier mark — Taking into account additional evidence not submitted within the time-limit set — Regulation (EC) No 207/2009 — Articles 42(2) and (3) and Article 76(2) — Regulation (EC) No 2868/95 — Rule 22(2)
Language of the case: English
Case C‑6/12 P v Veronsaajien oikeudenvalvontayksikkö
State aid — Articles 107 and 108 TFEU — Condition of ‘selectivity’ — Regulation (EC) No 659/1999 — Article 1(b)(i) — Existing aid — National legislation concerning corporate income tax — Deductibility of losses sustained — Non-deductibility in the case of change of ownership — Authorisation of derogations — Degree of latitude of the tax authorities
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C‑26/12 PPG Holdings v Inspecteur van de Belastingdienst/Noord/kantoor Groningen
Value added tax — Sixth Directive 77/388/EEC — Articles 17 and 13B(d)(6) — Exemptions — Deduction of input tax — Pension fund — Concept of ‘management of special investment funds’
Request for a preliminary ruling from the Gerechtshof te Leeuwarden
Language of the case: Dutch
Case C‑78/12 Evita-K v Direktor na Direktsia Obzhalvane i upravlenie na izpalnenieto Sofia
Directive 2006/112/EC — Common system of value added tax — Supply of goods — Concept — Right to deduct — Refusal — Actual performance of a taxable transaction — Regulation (EC) No 1760/2000 — System for the identification and registration of bovine animals — Ear tags
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C‑99/12 Eurofit v Bureau d'intervention et de restitution belge
Request for a preliminary ruling — Agriculture — Common organisation of the markets — Regulation (EEC) No 3665/87 — Export refunds — Misappropriation of goods intended for export — Exporter’s obligation to reimburse refunds — Failure of the competent authorities to provide information regarding the reliability of a contractor who is suspected of fraud — Force majeure — Absence
Request for a preliminary ruling from the tribunal de première instance de Bruxelles
Language of the case: French
Case C‑124/12 AES-3C Maritza East 1 v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Value added tax — Directive 2006/112/EC — Articles 168(a) and 176 — Right to deduction — Expenditure related to the purchase of goods and the supply of services for staff — Staff supplied to the taxable persons claiming the right to deduction but employed by another taxable person
Request for a preliminary ruling from the Administrativen sad Plovdiv
Language of the case: Bulgarian
Case C‑136/12 Consiglio nazionale dei geologi and Autorità Garante della Concorrenza e del mercato v Autorità Garante della Concorrenza e del mercato and Consiglio nazionale dei geologi
Third paragraph of Article 267 TFEU — Scope of the obligation on courts of final instance to make a reference for a preliminary ruling — Article 101 TFEU — Code of conduct of a professional association prohibiting the application of fee scales which are not commensurate with the dignity of the profession
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑147/12 ÖFAB v Koot and Evergreen Investments
Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Court with jurisdiction — Special jurisdiction in ‘matters relating to contract’ and ‘matters relating to tort, delict and quasi-delict’
Request for a preliminary ruling from the Hovrätten för Nedre Norrland
Language of the case: Swedish
Case C‑211/12 Martini v Ministero delle Attività Produttive
Agriculture — System of import licences — Regulation (EC) No 1291/2000 — Article 35(4)(c) — Securities lodged at the time of application for the issue of the licences — Import licence — Late submission of proof of its use — Penalty — Calculation of the amount forfeited — Regulation (EC) No 958/2003 — Tariff quotas
Request for a preliminary ruling from the Corte d’appello di Roma
Language of the case: Italian
Joined Cases C‑228/12 to C‑232/12 and C‑254/12 to C‑258/12 Vodafone Omnitel and Others v Autorità per le Garanzie nelle Comunicazioni and Others
Electronic communications networks and services — Directive 2002/20/EC — Article 12 — Administrative charges imposed on undertakings in the sector concerned — National legislation making operators of electronic communications subject to the payment of a charge intended to cover the operating costs of the national regulatory authorities
Requests for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio
Language of the case: Italian
Case C‑234/12 Sky Italia v Autorità per le Garanzie nelle Comunicazioni
Television broadcasting — Directive 2010/13/EU — Articles 4(1) and 23(1) — Advertising spots — National rule laying down a maximum percentage of broadcasting time which can be dedicated to advertising for pay-TV broadcasters which is lower than that laid down for free-to-air TV broadcasters — Equal treatment — Freedom to provide services
Request for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio
Language of the case: Italian
Case C‑252/12 Specsavers International Healthcare and Others v Asda Stores
Trade marks — Regulation (EC) No 207/2009 — Articles 9(1)(b) and (c), 15(1) and 51(1)(a) — Grounds for revocation — Definition of ‘genuine use’ — Trade mark used together with another trade mark or as part of a ‘compound trade mark’ — Colour or combination of colours in which a trade mark is used — Reputation
Request for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)
Language of the case: English
Case C‑265/12 Citroën Belux v Federatie voor Verzekerings- en Financiële Tussenpersonen
Article 56 TFEU — Freedom to provide services — Directive 2005/29/EC — Unfair commercial practices — Consumer protection — Combined offers involving at least one financial service — Prohibition — Exceptions
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
Case C‑299/12 Green Swan Pharmaceuticals CR v Státní zemědělská a potravinářská inspekce
Consumer protection — Regulation (EC) No 1924/2006 — Nutrition and health claims made on foods — Article 2(2)(6) — ‘Reduction of disease risk claim’ — Article 28(2) — Products bearing trade marks or brand names — Transitional measures
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C‑315/12 Metro Cash & Carry Danmark v Skatteministeriet
Excise duty — Directive 92/12/EEC — Articles 7 to 9 — Directive 2008/118/EC — Articles 32 to 34 — Intra-Community movement of products subject to excise — Regulation (EEC) No 3649/92 — Articles 1 and 4 — Simplified accompanying document — Copy 1 — ‘Cash & carry’ business — Products released for consumption in a Member State and held for commercial purposes in another Member State or products acquired by private individuals for their own use and transported by them — Spirits — No obligation on the supplier to check
Request for a preliminary ruling from the Højesteret
Language of the case: Danish
Information (on unpublished decisions)
Case C‑312/11 Commission v Italy
Failure of a Member State to fulfil obligations — Directive 2000/78/EC — Article 5 — Establishing a general framework for equal treatment in employment and occupation — Persons with disabilities — Insufficient implementing measures
Case C‑572/11 Menidzherski biznes reshenia v Direktor na Direktsia Obzhalvane i upravlenie na izpalnenieto V. Tarnovo
Directive 2006/112/EC — VAT — Right to deduct — Refusal — Tax mentioned on an invoice — Actual performance of a taxable transaction — None — Evidence — Principles of fiscal neutrality and the protection of legitimate expectations
Case C‑520/12 P Diadikasia Symvouloi Epicheiriseon v Commission and Others
Appeals — Instrument for Pre-Accession Assistance — Public procurement — Project for the enlargement of the European Turkish Business Centres Network — Decision not to award the project — Application for damages for the alleged losses — National decision — No involvement by European Union bodies
Case C‑586/11 P Regione Puglia v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — ERDF — Decision reducing financial aid — Fourth paragraph of Article 263 TFEU — Regional body — Act directly affecting that body — Inadmissibility
Case C‑429/11 P Gosselin Group v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — International removal services market in Belgium — Direct or indirect fixing of prices, market-sharing and the manipulation of the procedure for the submission of tenders — Classification — Infringement of competition by object — Obligation to state reasons — Guidelines on the effect on trade between Member States — Legal force — Obligation to define the relevant market — Scope — Guidelines on the method of setting fines (2006) — Proportion of the value of sales — Gravity of the infringement — Mitigating circumstances — Obligation to state reasons — Regulation (EC) No 1/2003 — Article 25 — Limitation period — Repeated infringement
Case C‑444/11 P Team Relocations and Others v Commission
Appeals — Competition — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — International removal services market in Belgium — Direct and indirect price-fixing, market-sharing and manipulation of the procedures for the submission of tenders — Single and continuous infringement — Imputability — Guidelines on the method of setting fines (2006) — Value of sales — Concept — Proportion — Additional amount — Mitigating circumstances — Obligation to state reasons — Imputability to the parent company of the infringement — Regulation (EC) No 1/2003 — Article 23(2) — Ceiling of 10% of turnover — Proportionality
Case C‑430/12 Luca v Casa de Asigurări de Sănătate Bacău
Article 99 of the Rules of Procedure — Social security — Freedom to provide services — Regulation (EEC) No 1408/71 — Article 22 — Sickness insurance — Hospital treatment provided in another Member State — Prior authorisation — Compensation for the insured person
Case C‑261/11 Commission v Denmark
Failure of a Member State to fulfil obligations — Freedom of establishment — Article 49 TFEU — Article 31 of the EEA Agreement — Restrictions — Tax legislation — Transfer of assets to another Member State — Immediate taxation of unrealised capital gains
Case C‑520/11 Commission v France
Failure of a Member State to fulfil obligations — Decision 2009/726/EC — Non-compliance — Imports of milk and milk products — Origin — At-risk holdings in terms of cases of spongiform encephalopathies — National prohibitions
Case C‑412/12 Commission v Cyprus
Failure of a Member State to fulfil obligations — Directive 1999/31/EC — Landfill of waste — Operation in the absence of a conditioning plan for the site — Obligation to close down the site
September 2013
Case C‑278/13 P(R) Commission v Pilkington Group
Appeal — Administrative procedure — Publication of a Commission decision concerning a cartel on the European market for glass for use in motor vehicles — Suspension of operation of a Commission decision rejecting in part the applicant’s request that certain information in the decision concerning the cartel be treated as confidential
Language of the case: English
Case C‑383/13 PPU G. and R. v Staatssecretaris van Veiligheid en Justitie
Visas, asylum, immigration and other policies related to free movement of persons — Immigration policy — Illegal immigration and illegal residence — Repatriation of illegal residents — Directive 2008/115/EC — Return of illegally staying third-country nationals — Removal process — Detention measure — Extension of detention — Article 15(2) and (6) — Rights of the defence — Right to be heard — Infringement — Consequences
Request for a preliminary ruling from the Raad van State (Netherlands)
Language of the case: Dutch
Case C‑388/11 Le Crédit Lyonnais v Ministre du budget, des comptes publics et de la réforme de l'Etat
Value added tax — Sixth Directive 77/388/EEC — Articles 17 and 19 — Deduction of input tax paid — Use of goods and services for both taxable and exempt transactions — Proportional deduction — Calculation of the proportion — Branches established in other Member States and in third States — Not taking their turnover into account
Request for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
Case C‑475/11 Landesärztekammer Hessen v Konstantinides
Freedom to provide medical services — Service provider travelling to another Member State to provide the service — Applicability of the rules of professional conduct of the host Member State, in particular those relating to fees and advertising
Request for a preliminary ruling from the Berufsgericht für Heilberufe bei dem Verwaltungsgericht Gießen
Language of the case: German
Case C‑526/11 IVD v Ärztekammer Westfalen-Lippe
Public procurement — Directive 2004/18/EC — Article 1(9), second subparagraph, point (c) — Concept of ‘body governed by public law’ — Condition relating to the financing of the activity, or to management supervision, or to supervision of the activity by the State, by regional or local authorities or other bodies governed by public law — Association of medical practitioners — Financing provided for by law by means of contributions paid by the members of that association — Amount of the contributions fixed by the assembly of that association — Independence of that association in determining the scope and the rules for the performance of its statutory duties
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C‑614/11 Niederösterreichische Landes-Landwirtschaftskammer v Kuso
Social policy — Equal treatment for men and women — Directive 76/207/EEC — Fixed-term employment contract concluded prior to the accession of the Member State — Expiry of the fixed term after the accession — Employment legislation fixing the expiry date for the contract as the last day of the year in which retirement age is reached — Retirement age for men different from the age set for women
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Joined Cases C‑660/11 and C‑8/12 Biasci and Others v Ministero dell'Interno and Others
Freedom of establishment — Freedom to provide services — Articles 43 EC and 49 EC — Betting and gaming — Collection of bets — Conditions of authorisation — Requirement of police authorisation and a licence — National legislation — Mandatory minimum distances between bet collection points — Cross-border activities analogous to those covered by the licence — Prohibition — Mutual recognition of betting and gaming licences
Requests for a preliminary ruling from the Tribunale amministrativo regionale per la Toscana
Language of the case: Italian
Case C‑49/12 Commissioners for Her Majesty's Revenue & Customs v Sunico and Others
Judicial cooperation in civil matters — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 1(1) — Scope — Concept of ‘civil and commercial matters’ — Action brought by a public authority — Damages in respect of involvement in a tax fraud by a third party not subject to VAT
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C‑64/12 Schlecker v Boedeker
Rome Convention on the law applicable to contractual obligations — Contract of employment — Article 6(2) — Applicable law in the absence of a choice made by the parties — Law of the country in which the employee ‘habitually carries out his work’ — Contract more closely connected with another Member State
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑434/12 Slancheva sila v Izpalnitelen direktor na Darzhaven fond Zemedelie Razplashtatelna agentsia
Common agricultural policy — EAFRD — Regulation (EU) No 65/2011 — Support for rural development — Support for the creation and development of micro-enterprises — Concept of ‘artificially created conditions’ — Abuses — Evidence
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C‑77/11 Council v Parliament
Action for annulment — Definitive adoption of the European Union’s general budget for the financial year 2011 — Act of the President of the Parliament declaring that the budget has been definitively adopted — Article 314(9) TFEU — Establishment by the Parliament and the Council of the European Union’s annual budget — Article 314, introductory paragraph, TFEU — Principle of institutional balance — Principle that the institutions must act within the limits of their powers — Duty to cooperate in good faith — Compliance with essential procedural requirements
Language of the case: French
Case C‑373/11 Panellinios Sindesmos Viomikhanion Metapoiisis Kapnou v Ipourgos Ikonomias kai Ikonomikon and Ipourgos Agrotikis Anaptixis kai Trofimon
Reference for a preliminary ruling — Assessment of validity — Common Agricultural Policy — Regulation (EC) No 1782/2003 — Additional payment for specific types of farming and quality production — Discretion granted to the Member States — Discrimination — Articles 32 EC and 34 EC
Request for a preliminary ruling from the Simvoulio tis Epikratias
Language of the case: Greek
Case C‑435/11 CHS Tour Services v Team4 Travel
Directive 2005/29/EC — Unfair commercial practices — Sales brochure containing false information — Treated as ‘misleading commercial practice’ — Case in which the trader cannot be criticised for any breach of the duty of diligence
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C‑661/11 Martin Y Paz Diffusion v David Depuydt and Fabriek van Maroquinerie Gauquie
Trade marks — Directive 89/104/EEC — Article 5 — Consent on the part of the proprietor of a trade mark to the use, by a third party, of a sign which is identical with that mark — Consent given in a situation where there is shared use — Possibility for that proprietor to put an end to the shared use and regain the exclusive use of its mark
Request for a preliminary ruling from the Cour de cassation (Belgium)
Language of the case: French
Case C‑5/12 Betriu Montull v INSS
Social policy — Directive 92/85/EEC — Protection of the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding — Article 8 — Maternity leave — Directive 76/207/EEC — Equal treatment for male and female workers — Article 2(1) and (3) — Right to leave for employed mothers after the birth of a child — Possible use by an employed mother or an employed father — Non-employed mother who is not covered by a State social security scheme — No right to leave for employed father — Biological father and adoptive father — Principle of equal treatment
Request for a preliminary ruling from the Juzgado de lo Social no 1 de Lleida
Language of the case: Spanish
Case C‑15/12 P Dashiqiao Sanqiang Refractory Materials v Council
Appeal — Dumping — Regulation (EC) No 826/2009 − Imports of certain magnesia bricks originating in the People’s Republic of China — Regulation (EC) No 384/96 — Article 2(10)(b) — Fair comparison — Article 11(9) − Interim partial review — Obligation to apply the same methodology as in the investigation leading to the imposition of the duty — Change in circumstances
Language of the case: French
Case C‑140/12 Pensionsversicherungsanstalt v Brey
Freedom of movement for persons — Union Citizenship — Directive 2004/38/EC — Right of residence for more than three months — Article 7(1)(b) — Person no longer having worker status — Person in possession of a retirement pension — Having sufficient resources not to become a burden on the ‘social assistance system’ of the host Member State — Application for a special non-contributory cash benefit — Compensatory supplement intended to augment a retirement pension — Regulation (EC) No 883/2004 — Articles 3(3) and 70 — Competence of the Member State of residence — Conditions for granting — Legal right to reside on the national territory — Compliance with European Union law
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Joined Cases C‑216/12 and C‑217/12 Caisse nationale des prestations familiales v Hliddal and Bornand
Social security — Regulation (EEC) No 1408/71 — Agreement between the European Community and the Swiss Confederation — Swiss nationals residing in Switzerland and working in Luxembourg — Grant of a parental leave allowance — Concept of a ‘family benefit’
Requests for a preliminary ruling from the Cour de cassation (Luxembourg)
Language of the case: French
Case C‑251/12 Van Buggenhout et Van de Mierop v Banque Internationale à Luxembourg
Judicial cooperation in civil matters — Regulation (EC) No 1346/2000 — Insolvency proceedings — Article 24(1) — Honouring an obligation ‘for the benefit of a debtor that is subject to insolvency proceedings’ — Payment made to a creditor of that debtor
Request for a preliminary ruling from the tribunal de commerce de Bruxelles
Language of the case: French
Case C‑297/12 Staatsanwaltschaft Traunstein v Filev and Osmani
Area of freedom, security and justice — Return of illegally staying third-country nationals — Directive 2008/115/CE — Article 11(2) — Return decision coupled with an entry ban — Length of the entry ban restricted to five years in principle — National legislation providing for an entry ban of unlimited duration in the absence of an application for a limitation — Article 2(2)(b) — Third-country nationals subject to return as a criminal law sanction or as a consequence of a criminal law sanction — Non-application of the directive
Request for a preliminary ruling from the Amtsgericht Laufen
Language of the case: German
Case C‑492/12 Conseil national de l'ordre des médecins v Ministère des Affaires sociales et de la Santé
Freedom of movement for persons — Freedom of establishment — Freedom to provide services — Directive 2005/36/EC — Recognition of professional qualifications — Dental profession — Specific nature and distinction from the medical profession — Common training
Request for a preliminary ruling from the Conseil d’État
Language of the case: French
Case C‑579/12 RX-II Review Commission v Strack
Review of the judgment of the General Court in Case T‑268/11 P — Civil service — Commission decision refusing to carry over paid annual leave not taken by an official during the reference period because of long term sick leave — Article 1e(2) of the Staff Regulations of Officials of the European Union — Article 4 of Annex V to those Regulations — Directive 2003/88/EC — Article 7 — Right to paid annual leave — Principle of the social law of the European Union — Article 31(2) of the Charter of Fundamental Rights of the European Union — Effect on the unity and consistency of EU law
Language of the case: German
Case C‑221/11 Demirkan v Bundesrepublik Deutschland
EEC-Turkey Association Agreement — Additional Protocol — Article 41(1) — ‘Standstill’ clause — Visa requirement for admission to the territory of a Member State — Freedom to provide services — The right of a Turkish national to enter a Member State in order to visit a family member and, potentially, to receive services
Request for a preliminary ruling from the Oberverwaltungsgericht Berlin-Brandenburg
Language of the case: German
Case C‑189/11 Commission v Spain
Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Articles 306 to 310 — Special scheme for travel agencies — Discrepancies between language versions — National legislation providing for the application of the special scheme to persons other than travelers — Concepts of ‘traveller’ and ‘customer’ — Exclusion from the special scheme of certain sales to the public — Mention in the invoice of an amount of deductible VAT not related to the input tax due or paid — Overall determination of the taxable amount for a given period — Not compatible
Language of the case: Spanish
Case C‑418/11 Texdata Software GmbH
Company law — Freedom of establishment — Eleventh Directive 89/666/EEC — Disclosure of accounting documents — Branch of a capital company established in another Member State — Pecuniary penalty in the event of failure to disclose within the prescribed period — Right to effective judicial protection — Principle of respect for the rights of the defence — Effective, proportionate and dissuasive nature of the penalty
Request for a preliminary ruling from the Oberlandesgericht Innsbruck
Language of the case: German
Case C‑431/11 United Kingdom v Council
Coordination of social security systems — EEA Agreement — Proposal for an amendment — Council decision — Choice of legal basis — Article 48 TFEU — Article 79(2)(b) TFEU
Language of the case: English
Case C‑476/11 HK Danmark v Experian
Principle of non-discrimination on grounds of age — Charter of Fundamental Rights of the European Union — Article 21(1) — Directive 2000/78/EC — Article 6(1) and (2) — Occupational pension scheme — Increases in the amount of contributions on the basis of age
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
Case C‑509/11 ÖBB Personenverkehr v Schienen-Control Kommission and Bundesminister für Verkehr, Innovation und Technologie
Regulation (EC) No 1371/2007 — Rail passengers’ rights and obligations — Article 17 — Compensation in the event of a delay — Excluded in the event of force majeure — Whether permissible — First subparagraph of Article 30(1) — Powers of the national body responsible for the enforcement of the regulation — Whether it is possible to require the rail carrier to amend its conditions governing passenger compensation
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C‑539/11 Ottica New Line di Accardi Vincenzo v Comune di Campobello di Mazara
Articles 49 TFEU and 56 TFEU — Freedom of establishment — Public health — Opticians — Regional legislation making the establishment of new opticians’ shops subject to authorisation — Demographic and geographical limitations — Justification — Appropriateness for attaining the objective pursued — Coherency — Proportionality
Request for a preliminary ruling from the Consiglio di Giustizia Amministrativa per la Regione siciliana
Language of the case: Italian
Case C‑546/11 Dansk Jurist- og Økonomforbund v Indenrigs- og Sundhedsministeriet
Equal treatment in employment and occupation — Prohibition of discrimination on grounds of age — Directive 2000/78/EC — Article 6(1) and (2) — Refusal to grant availability pay to civil servants who have reached the age of 65 and are entitled to a pension
Request for a preliminary ruling from the Højesteret
Language of the case: Danish
Case C‑609/11 P Centrotherm Systemtechnik v OHIM
Appeal — Regulations (EC) Nos 207/2009 and 2868/95 — Revocation proceedings — Community word mark CENTROTHERM — Genuine use — Concept — Evidence — Sworn statement — Article 134(1) to (3) of the Rules of Procedure of the General Court — General Court’s powers of review — Scope of pleas in law and forms of order sought by an intervener
Language of the case: German
Case C‑610/11 P Centrotherm Systemtechnik v OHIM
Appeal — Revocation proceedings — Community word mark CENTROTHERM — Genuine use — Evidence — Sworn statement — Burden of proof — Examination of the facts by OHIM of its own motion — Additional evidence adduced before the Board of Appeal — Regulation (EC) No 207/2009 — Articles 15, 51 and 76 — Regulation (EC) No 2868/95 — Rule 40(5)
Language of the case: German
Case C‑625/11 P Polyelectrolyte Producers Group and SNF v ECHA
Appeal — European Chemicals Agency (ECHA) — Registration, evaluation and authorisation of chemical substances — Regulation (EC) No 1907/2006 (REACH Regulation) — Articles 57 and 59 — Substances subject to authorisation — Identification of acrylamide as a substance of very high concern — Inclusion on the candidate list of substances — Publication — Time-limit for instituting proceedings — Article 102(1) of the Rules of Procedure of the General Court — Date from which that time-limit must be calculated in the case of an action brought against a decision published only on the internet — Legal certainty — Effective judicial protection
Language of the case: English
Case C‑626/11 P Polyelectrolyte Producers Group and SNF v ECHA
Appeal — European Chemicals Agency (ECHA) — Registration, evaluation and authorisation of chemical substances — Regulation (EC) No 1907/2006 (REACH Regulation) — Articles 57 and 59 — Substances subject to authorisation — Identification of acrylamide as a substance of very high concern — Inclusion on the candidate list of substances — Publication of the list on the ECHA website — Action for annulment brought prior to that publication — Admissibility
Language of the case: English
Case C‑115/12 P France v Commission
Appeal — European Regional Development Fund (ERDF) — Community structural assistance in the region of Martinique — Reduction of financial assistance — Public works contracts — Compliance of operations with provisions of European Union law — Coordination of procedures for the award of public works contracts — Directive 93/37/EEC — Article 2 — Concept of ‘direct subsidy’ — Concept of ‘facilities intended for sports, recreation and leisure’
Language of the case: French
Case C‑157/12 Salzgitter Mannesmann Handel v Laminorul
Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 34(3) and (4) — Recognition of a judgment given in another Member State — Situation whereby that judgment is irreconcilable with an earlier judgment given in that Member State involving the same cause of action and between the same parties
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑195/12 IBV & Cie v Région wallonne
Directive 2004/8/EC — Scope — Cogeneration and high efficiency cogeneration — Article 7 — Regional support scheme providing for the grant of ‘green certificates’ to cogeneration plants — Grant of a larger number of green certificates to cogeneration plants processing principally forms of biomass other than wood or wood waste — Principle of equality and non-discrimination — Articles 20 and 21 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Cour constitutionnelle (Belgium)
Language of the case: French
Case C‑283/12 Serebryannay vek v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
VAT — Directive 2006/112/EC — Articles 2(1)(c), 26, 62 and 63 — Chargeable event — Reciprocal supplies of services — Transactions for consideration — Basis of assessment for a transaction in the event of consideration in the form of goods or services — Assignment by a natural person to a company of the right to use and to let to third parties immoveable property in exchange for that company’s services to improve and furnish the property
Request for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
Information (on unpublished decisions)
Case C‑34/12 P Idromacchine and Others v Commission
Appeal — Non-contractual liability of the European Union — Action for damages — Commission decision to initiate a formal investigation procedure — Prejudicial statements — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C‑573/11 P ClientEarth v Council
Appeal — Article 19 of the Statute of the Court of Justice of the European Union — Representation by a lawyer who is not a third party — Action for annulment manifestly inadmissible — Grounds of the appeal manifestly unfounded
Case C‑64/13 P H-Holding v Parliament
Appeal — Actions for failure to act — Article 265 TFEU — Actions for damages — Failure of the Parliament to initiate infringement proceedings — Failure of the Parliament to request OLAF to open an investigation — Manifest inadmissibility
Case C‑56/12 P EFIM v Commission
Appeal — Competition — Abuse of dominant position — Ink cartridge market — Decision rejecting a complaint — Lack of Community interest — Low probability of proving the existence of an infringement of Article 82 EC — Degree of seriousness of the infringement alleged
Case C‑193/11 Commission v Poland
Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Articles 306 to 310 — Special scheme for travel agents — Discrepancies between language versions — National legislation providing for the application of the special scheme to persons other than travellers — Concepts of ‘traveller’ and ‘customer’
Case C‑236/11 Commission v Italy
Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Articles 306 to 310 — Special scheme for travel agents — Discrepancies between language versions — National legislation providing for the application of the special scheme to persons other than travellers — Concepts of ‘traveller’ and ‘customer’
Case C‑269/11 Commission v Czech Republic
Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Articles 306 to 310 — Special scheme for travel agents — Discrepancies between language versions — National legislation providing for the application of the special scheme to persons other than travellers — Concepts of ‘traveller’ and ‘customer’
Case C‑293/11 Commission v Greece
Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Articles 306 to 310 — Special scheme for travel agents — Discrepancies between language versions — National legislation providing for the application of the special scheme to persons other than travellers — Concepts of ‘traveller’ and ‘customer’
Case C‑296/11 Commission v France
Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Articles 306 to 310 — Special scheme for travel agents — Discrepancies between language versions — National legislation providing for the application of the special scheme to persons other than travellers — Concepts of ‘traveller’ and ‘customer’
Case C‑309/11 Commission v Finland
Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Articles 306 to 310 — Special scheme for travel agents — Discrepancies between language versions — National legislation providing for the application of the special scheme to persons other than travellers — Concepts of ‘traveller’ and ‘customer’
Case C‑450/11 Commission v Portugal
Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Articles 306 to 310 — Special scheme for travel agents — Discrepancies between language versions — National legislation providing for the application of the special scheme to persons other than travellers — Concepts of ‘traveller’ and ‘customer’
Case C‑668/11 P Alliance One International v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Spanish market for the purchase and first processing of raw tobacco — Price-fixing and market-sharing — Infringement of Article 81 EC — Whether unlawful conduct of a subsidiary attributable to its parent company — Deterrent effect — Equal treatment — Cooperation — Obligation to state reasons — Mitigating circumstances
Case C‑679/11 P Alliance One International v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Spanish market for the purchase and first processing of raw tobacco — Price-fixing and market-sharing — Infringement of Article 81 EC — Whether unlawful conduct of a subsidiary attributable to its parent company — Obligation to state reasons — Fundamental rights — Deterrent effect — Equal treatment — Mitigating circumstances — Cooperation — Unlimited jurisdiction — Ne ultra petita — Right to a fair hearing
Case C‑172/12 P EI du Pont de Nemours v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Market for chloroprene rubber — Price-fixing and market-sharing — Infringement of Article 81 EC — Imputability of the unlawful conduct of a subsidiary to its parent company — Joint control by two parent companies — Decisive influence — Joint and several liability — Limitation period — Legitimate interest
Case C‑179/12 P Dow Chemical v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Market for chloroprene rubber — Price-fixing and market-sharing — Infringement of Article 81 EC — Imputability of the unlawful conduct of a subsidiary to its parent company — Joint control by two parent companies — Decisive influence — Rights of defence — Increase in the fine — Deterrent effect
October 2013
Case C‑521/09 P-DEP Elf Aquitaine v Commission
Taxation of costs
Language of the case: French
Case C‑267/11 P Commission v Latvia
Appeal — Integrated pollution prevention and control — Greenhouse gas emission allowance trading system — Allocation of allowances for the Republic of Latvia — Period from 2008 to 2012
Language of the case: Latvian
Case C‑369/11 Commission v Italy
Failure of a Member State to fulfil obligations — Transport — Directive 2001/14/EC — Articles 4(1) and 30(3) — Allocation of railway infrastructure capacity — Levying of charges — Infrastructure fees — Independence of infrastructure managers
Language of the case: Italian
Case C‑583/11 P Inuit Tapiriit Kanatami and Others v Parliament and Council
Appeal — Regulation (EC) No 1007/2009 — Trade in seal products — Restrictions on importing and marketing such products — Action for annulment — Admissibility — Right of natural or legal persons to institute proceedings — Fourth paragraph of Article 263 TFEU — Concept of ‘regulatory act’ — Legislative act — Fundamental right to effective judicial protection
Language of the case: English
Case C‑32/12 Duarte Hueros v Autociba and Citroen
Directive 1999/44/EC — Rights of the consumer in the event of lack of conformity in a product — Minor nature of that lack of conformity — Rescission of the contract not possible — Powers of the national courts
Request for a preliminary ruling from the Juzgado de Primera Instancia nº 2 de Badajoz
Language of the case: Spanish
Case C‑59/12 BKK Mobil Oil v Zentrale zur Bekämpfung unlauteren Wettbewerbs
Directive 2005/29/EC — Unfair commercial practices — Scope — Misleading information circulated by a health insurance fund which is part of the statutory social security system — Fund established as a public law body
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑109/12 Laboratoires Lyocentre v Lääkealan turvallisuus- ja kehittämiskeskus and Sosiaali- ja terveysalan lupa- ja valvontavirasto
Reference for a preliminary ruling — Approximation of laws — Medical devices — Directive 93/42/EEC — Medicinal products for human use — Directive 2001/83/EC — Right of the competent national authority to classify as a medicinal product for human use a product marketed in another Member State as a medical device bearing a CE marking — Applicable procedure
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C‑113/12 Brady v Environmental Protection Agency
Environment — Directive 75/442/EEC — Slurry produced in a piggery and stored there pending its transfer to farmers who use it as fertiliser on their land — Classification as ‘waste’ or ‘by-product’ — Conditions — Burden of proof — Directive 91/676/EEC — Failure to transpose — Personal liability of the producer as to compliance by those farmers with EU law concerning the management of waste and fertilisers
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
Case C‑120/12 P Rintisch v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 74(2) — Regulation (EC) No 2868/95 — First and third subparagraphs of Rule 50(1) — Opposition by the proprietor of an earlier trade mark — Existence of the mark — Evidence submitted in support of the opposition after the expiry of the period set for that purpose — Failure to take account thereof — Discretion of the Board of Appeal — Provision to the contrary — Circumstances precluding additional or supplementary evidence from being taken into account
Language of the case: English
Case C‑121/12 P Rintisch v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 74(2) — Regulation (EC) No 2868/95 — First and third subparagraphs of Rule 50(1) — Opposition by the proprietor of an earlier trade mark — Existence of the mark — Evidence submitted in support of the opposition after the expiry of the period set for that purpose — Failure to take account thereof — Discretion of the Board of Appeal — Provision to the contrary — Circumstances precluding additional or supplementary evidence from being taken into account
Language of the case: English
Case C‑122/12 P Rintisch v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 74(2) — Regulation (EC) No 2868/95 — First and third subparagraphs of Rule 50(1) — Opposition by the proprietor of an earlier trade mark — Existence of the mark — Evidence submitted in support of the opposition after the expiry of the period set for that purpose — Failure to take account thereof — Discretion of the Board of Appeal — Provision to the contrary — Circumstances precluding additional or supplementary evidence from being taken into account
Language of the case: English
Case C‑170/12 Pinckney v KDG
Regulation (EC) No 44/2001 — Jurisdiction — Matters relating to tort, delict and quasi-delict — Copyright — Material support reproducing a protected work — Placing on line — Determination of the place where the harmful event occurred
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C‑282/12 Fazenda Pública and Itelcar v Ministério Público
Free movement of capital — Tax legislation — Corporation tax — Interest paid by a resident company on funds lent by a company established in a non-member country — Existence of ‘special relations’ between those companies — Thin capitalisation rules — No right of deduction in relation to interest on the part of the overall debt regarded as excessive — Interest deductible if paid to a company resident in the national territory — Tax evasion and avoidance — Wholly artificial arrangements — Arm’s length terms — Proportionality
Request for a preliminary ruling from the Tribunal Central Administrativo Sul
Language of the case: Portuguese
Case C‑298/12 Confédération paysanne v Ministre de l'alimentation, de l'agriculture et de la pêche
Agriculture — Common agricultural policy — Single payment scheme — Regulation (EC) No 1782/2003 — Calculation of payment entitlement — Setting the reference amount — Reference period — Article 40(1), (2) and (5) — Exceptional circumstances — Farmers under agri-environmental commitments according to Regulation (EEC) No 2078/92 and Regulation (EC) No 1257/1999 — Determination of the right to revalorisation of the reference amount — Principle of protection of legitimate expectations — Equal treatment between farmers
Request for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
Case C‑317/12 Åklagarkammaren i Nyköping v Lundberg
Road transport — Regulation (EC) No 561/2006 — Obligation to install recording equipment — Derogations in respect of the non-commercial carriage of goods — Concept — Carriage of goods by a private individual as part of his leisure activity as an amateur rally driver, financed in part by sponsorship from third parties
Request for a preliminary ruling from the Svea hovrätt
Language of the case: Swedish
Case C‑322/12 Belgian State v GIMLE
Fourth Directive 78/660/EEC — Article 2(3) — Principle that a true and fair view must be given — Article 2(5) — Obligation to depart from that principle — Article 32 — Valuation method based on historical cost — Purchase price manifestly lower than the real value
Request for a preliminary ruling from the Cour de cassation (Belgium)
Language of the case: French
Case C‑386/12 Proceedings initiated by Siegfried János Schneider
Jurisdiction and recognition and enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Scope — Legal capacity of natural persons — Exclusive jurisdiction in matters relating to rights in rem in immovable property — Scope — Non-contentious proceedings concerning the right of a person who has been placed under guardianship and is domiciled in a Member State to dispose of immovable property situated in another Member State
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
Case C‑82/13 Società cooperativa Madonna dei miracoli v Regione Abruzzo and Others
Reference for a preliminary ruling — Common agricultural policy — Joint actions — Non-payment of financial aid by the Commission — Withdrawal by a Member State of its contribution — Question of fact — Internal situation — Manifest lack of jurisdiction of the Court — Description of the factual context — Insufficiency — Hypothetical question — Manifest inadmissibility
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑622/11 Staatssecretaris van Financiën v Pactor Vastgoed
Sixth VAT Directive — Articles 13C and 20 — Supply of immovable property — Right to opt for taxation — Right to deduction — Adjustment of deductions — Recovery of sums due following adjustment of a VAT deduction — Taxable person liable for payment — Taxable person other than the person who initially applied the deduction and who is extraneous to the taxed transaction which gave rise to the deduction
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑86/12 Alokpa and Others v Ministre du Travail, de l'Emploi et de l'Immigration
Citizenship of the Union — Articles 20 TFEU and 21 TFEU — Directive 2004/38/EC — Right of residence of a third-country national who is a direct relative in the ascending line of Union citizens who are minor children — Union citizens born in a Member State other than that of which they are nationals and who have not made use of their right of freedom of movement — Fundamental rights
Request for a preliminary ruling from the Cour administrative (Luxembourg)
Language of the case: French
Case C‑94/12 Swm Costruzioni 2 and Mannocchi Luigino v Provincia di Fermo
Public contracts — Directive 2004/18/EC — Economic and financial standing — Technical and/or professional ability — Articles 47(2) and 48(3) — Right of an economic operator to rely on the capacities of other entities — Article 52 — Certification system — Public works contracts — National legislation requiring possession of a qualification certificate corresponding to the category and the value of the works covered by the contract — Prohibition on reliance on the certificates of more than one entity for works within the same category
Request for a preliminary ruling from the Tribunale amministrativo regionale per le Marche
Language of the case: Italian
Case C‑306/12 Spedition Welter v Avanssur
Insurance against civil liability in respect of the use of motor vehicles and enforcement of the obligation to insure against such liability — Directive 2009/103/EC — Article 21(5) — Claims representative — Authority to accept service of judicial documents — National rule making the validity of that service conditional on the express grant of an authority to accept it — Interpretation in conformity with EU law
Request for a preliminary ruling from the Landgericht Saarbrücken
Language of the case: German
Case C‑321/12 van der Helder and Farrington v College voor zorgverzekeringen
Social security — Regulation (EEC) No 1408/71 — Article 28(2)(b) — Sickness insurance benefits — Entitlement to an old-age pension in several Member States — Residence in another Member State — Provision of benefits in kind in the State of residence — Burden of the cost of benefits — Member State ‘legislation’ to which the pensioner has been subject for the longest period of time — Concept
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
Case C‑336/12 Ministeriet for Forskning, Innovation og Videregående Uddannelser v Manova
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Principle of equal treatment — Restricted procedure — Contract notice — Requirement for a copy of the most recent published balance sheet to be enclosed with the application — Copies of balance sheets not enclosed with some candidates’ applications — Right of the contracting authority to ask those candidates to provide copies of those balance sheets after the deadline for filing applications
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C‑280/11 P Council v Access Info Europe
Appeal — Right of access to documents of the institutions — Regulation (EC) No 1049/2001 — Article 4(3), first subparagraph — Protection of the institutions’ decision-making process — Note from the Council General Secretariat on the proposals submitted in the course of the legislative process for the revision of Regulation No 1049/2001 — Partial access — Refusal of access to information relating to the identity of Member States which put forward proposals
Language of the case: English
Case C‑533/11 Commission v Belgium
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste-water treatment — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Article 260 TFEU — Financial penalties — Imposition of a lump sum and a penalty payment
Language of the case: French
Case C‑555/11 EEAE and Others v Ipourgos Anaptixis, Antagonistikotitas kai Naftilias and Omospondia Asfalistikon Sillogou Ellados
Directive 2002/92/EC — Insurance mediation — Exclusion of the activities pursued by an insurance undertaking or an employee acting under the responsibility of such an undertaking — Whether it is possible for such an employee to pursue insurance mediation activities on an incidental basis — Professional requirements
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
Joined Cases C‑566/11, C‑567/11, C‑580/11, C‑591/11, C‑620/11 and C‑640/11 Iberdrola and Gas Natural v Administración del Estado and Others, Gas Natural and Bizcaia Energia v Endesa and Others, Tarragona Power and Bahía de Bizcaia Electricidad v Gas Natural and Others
Reference for a preliminary ruling — Protection of the ozone layer — Scheme for greenhouse gas emission allowance trading within the Community — Method of allocating allowances — Allocation of allowances free of charge
Requests for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C‑101/12 Schaible v Land Baden-Württemberg
Reference for a preliminary ruling — Agriculture — Regulation (EC) No 21/2004 — System for the identification and registration of ovine and caprine animals — Obligation of individual electronic identification — Obligation to keep a holding register — Validity — Charter of Fundamental Rights of the European Union — Freedom to conduct a business — Proportionality — Equal treatment
Request for a preliminary ruling from the Verwaltungsgericht Stuttgart
Language of the case: German
Case C‑181/12 Welte v Finanzamt Velbert
Free movement of capital — Articles 56 EC to 58 EC — Inheritance tax — Deceased person and heir resident in a third country — Estate — Immovable property located in a Member State — Right to an allowance against the taxable value — Different treatment of residents and non-residents
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C‑184/12 Unamar v Navigation Maritime Bulgare
Rome Convention on the law applicable to contractual obligations — Articles 3 and 7(2) — Freedom of choice of the parties — Limits — Mandatory rules — Directive 86/653/EEC — Self-employed commercial agents — Contracts for sale or purchase of goods — Termination of the agency contract by the principal — National implementing legislation providing for protection going beyond the minimum requirements of the directive and providing also for protection for commercial agents in the context of contracts for the supply of services
Request for a preliminary ruling from the Hof van Cassatie (Belgium)
Language of the case: Dutch
Case C‑203/12 Billerud Karlsborg and Billerud Skärblacka v Naturvårdsverket
Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Penalty for excess emissions — Concept of excess emission — Equated with infringement of the obligation to surrender, within the time periods prescribed by the directive, a sufficient number of allowances to cover the emissions from the previous year — No exculpatory cause in the event of actual holding of non-surrendered allowances, unless force majeure — No possibility of varying the amount of the penalty — Proportionality
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
Case C‑210/12 Sumitomo Chemical v Deutsches Patent- und Markenamt
Patent law — Plant protection products — Supplementary protection certificate — Regulation (EC) No 1610/96 — Directive 91/414/EEC — Emergency marketing authorisation under Article 8(4) of that directive
Request for a preliminary ruling from the Bundespatentgericht
Language of the case: German
Case C‑218/12 Emrek v Sabranovic
Regulation (EC) No 44/2001 — Article 15(1)(c) — Jurisdiction over consumer contracts — Whether jurisdiction is limited to distance contracts — Causal link between the commercial or professional activity directed to the Member State of the consumer’s domicile via an Internet site and the conclusion of the contract
Request for a preliminary ruling from the Landgericht Saarbrücken
Language of the case: German
Case C‑291/12 Schwarz v Stadt Bochum
Reference for a preliminary ruling — Area of freedom, security and justice — Biometric passport — Fingerprints — Regulation (EC) No 2252/2004 — Article 1(2) — Validity — Legal basis — Procedure for adopting — Articles 7 and 8 of the Charter of Fundamental Rights of the European Union — Right to respect for private life — Right to the protection of personal data — Proportionality
Request for a preliminary ruling from the Verwaltungsgericht Gelsenkirchen
Language of the case: German
Case C‑391/12 RLvS v Stuttgarter Wochenblatt
Directive 2005/29/EC — Unfair commercial practices — Scope ratione personae — Misleading omissions in advertorials — Legislation of a Member State prohibiting any publication for remuneration not identified by the term ‘advertisement’ (‘Anzeige’) — Complete harmonisation — Stricter measures — Freedom of the press
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑597/12 P Isdin v OHIM
Appeal — Community trade mark — Opposition proceedings — Application for Community word mark ZEBEXIR — Earlier word mark ZEBINIX — Relative grounds for refusal — Regulation (EC) No 207/2009 — Article 8(1)(b) — Duty to state reasons
Language of the case: English
Case C‑95/12 Commission v Germany
Failure of a Member State to fulfil obligations — Judgment of the Court establishing a failure to fulfil obligations — National legislation providing for a blocking minority of 20% in respect of the adoption of certain decisions by the shareholders of Volkswagen AG
Language of the case: German
Joined Cases C‑105/12 to C‑107/12 Staat der Nederlanden v Essent and Others
Reference for a preliminary ruling — Free movement of capital — Article 63 TFEU — Rules governing the system of property ownership — Article 345 TFEU — Electricity and gas distribution system operators — Prohibition of privatisation — Prohibition of links with undertakings which generate/produce, supply or trade electricity or gas — Prohibition of activity which may adversely affect system operation
Requests for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑137/12 Commission v Council
Action for annulment — Council Decision 2011/853/EU — European Convention on the legal protection of services based on, or consisting of, conditional access — Directive 98/84/EC — Legal basis — Article 207 TFEU — Common commercial policy — Article 114 TFEU — Internal market
Language of the case: French
Case C‑276/12 Sabou v Finanční ředitelství pro hlavní město Prahu
Directive 77/799/EEC — Mutual assistance by the authorities of the Member States in the field of direct taxation — Exchange of information on request — Tax proceedings — Fundamental rights — Limit on the scope of the obligations of the requesting and the requested Member States towards the taxpayer — No obligation to inform the taxpayer of the request for assistance — No obligation to invite the taxpayer to take part in the examination of witnesses — Taxpayer’s right to challenge the information exchanged — Minimum content of the information exchanged
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C‑22/12 Haasová v Petrík and Holingová
Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC — Article 3(1) — Directive 90/232/EEC — Article 1 — Road traffic accident — Death of a passenger — Right to compensation of the partner and of the child, who is a minor — Non-material damage — Compensation — Cover by compulsory insurance
Request for a preliminary ruling from the Krajský súd v Prešove
Language of the case: Slovak
Case C‑85/12 LBI (formerly Landsbanki Islands) v Kepler Capital Markets and Giraux
Reference for a preliminary ruling — Reorganisation and winding-up of credit institutions — Directive 2001/24/EC — Articles 3, 9 and 32 — National legislative act conferring on reorganisation measures the effects of winding-up proceedings — Legislative measure prohibiting or suspending any legal proceedings against a credit institution after the entry into force of a moratorium
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C‑151/12 Commission v Spain
Failure of a Member State to fulfil obligations — Environment — Directive 2000/60/EC — Framework for Community action in the field of water policy — Transposition of Articles 4(8), 7(2), 10(1) and (2) of and sections 1.3 and 1.4 of Annex V to Directive 2000/60 — Intracommunal and intercommunal river basins — Article 149(3) of the Spanish Constitution — Supplementing clause
Language of the case: Spanish
Case C‑175/12 Sandler v Hauptzollamt Regensburg
Customs union and Common Customs Tariff — Preferential arrangement for the import of products originating in the African, Caribbean and Pacific (ACP) States — Articles 16 and 32 of Protocol 1 to Annex V of the Cotonou Agreement — Import of synthetic fibres from Nigeria into the European Union — Irregularities in the movement certificate EUR.1 established by the competent authorities of the State of export — Stamp not matching the specimen notified to the Commission — Post-clearance and replacement certificates — Community Customs Code — Articles 220 and 236 — Possibility of retrospective application of a preferential customs duty no longer in effect on the date when the request for repayment is made — Conditions
Request for a preliminary ruling from the Finanzgericht München
Language of the case: German
Case C‑177/12 Caisse nationale des prestations familiales v Lachheb and Lachheb
Reference for a preliminary ruling — Social security — Regulation (EEC) No 1408/71 — Family benefit — Child bonus — National regulation providing for a benefit to be granted by way of an automatic tax rebate for children — Non-cumulation of family benefits
Request for a preliminary ruling from the Cour de cassation (Luxembourg)
Language of the case: French
Case C‑180/12 Stoilov i Ko v Nachalnik na Mitnitsa Stolichna
Reference for a preliminary ruling — Legal basis of the decision at issue in the main proceedings no longer present — Lack of relevance of the questions asked — No need to adjudicate
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Joined Cases C‑214/12 P, C‑215/12 P and C‑223/12 P Land Burgenland and Others v Commission
Appeals — Competition — State aid — Aid declared illegal and incompatible with the common market — Aid granted to the Grazer Wechselseitige group (GRAWE) at the time of the privatisation of Bank Burgenland — Determination of the market price — Tender procedure — Unlawful conditions with no impact on the highest offer — ‘Private vendor’ test — Distinction between a State’s obligations in cases where it acts as a public authority and where it acts as a shareholder — Distortion of evidence — Obligation to state reasons
Language of the case: German
Case C‑220/12 Thiele Meneses v Region Hannover
Citizenship of the Union — Articles 20 TFEU and 21 TFEU — Right of free movement and residence — National of a Member State — Studies pursued in another Member State — Education or training grant — Permanent residence requirement — Place of education or training located in the applicant’s State of residence or in a neighbouring State — Limited exception — Applicant’s specific circumstances
Request for a preliminary ruling from the Verwaltungsgericht Hannover
Language of the case: German
Case C‑275/12 Elrick v Bezirksregierung Köln
Citizenship of the Union — Articles 20 TFEU and 21 TFEU − Right of free movement and residence — National of a Member State — Studies pursued in another Member State — Education or training grant — Conditions — Duration of course greater than or equal to two years — Obtaining a vocational qualification
Request for a preliminary ruling from the Verwaltungsgericht Hannover
Language of the case: German
Case C‑277/12 Drozdovs v Baltikums
Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC — Article 3(1) — Directive 90/232/EEC — Article 1 — Road traffic accident — Death of the parents of the applicant, who is a minor — Right to compensation of the child — Non-material damage — Compensation — Cover by compulsory insurance
Request for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
Case C‑431/12 Agenţia Naţională de Administrare Fiscală v Rafinăria Steaua Română
Taxation — Value added tax — Refund of excess VAT by set-off — Annulment of set-off decision — Obligation to pay default interest to the taxable person
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
Case C‑440/12 Metropol Spielstätten v Finanzamt Hamburg-Bergedorf
Taxation — VAT — Betting and gaming — Legislation of a Member State under which VAT and a special tax are to be levied cumulatively on the operation of low-prize slot machines — Whether permissible — Basis of assessment — Whether the taxable person can pass on the VAT
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Information (on unpublished decisions)
Case C‑617/11 P Marcuccio v Commission
Appeal — Assignment — Automatic transfer — Decision to reassign an official from a third country to the Commission headquarters in Brussels (Belgium) — Decision annulled by the General Court after referral back by the Court of Justice — Compensation for the harm purportedly suffered as a result of the annulment of a decision to reassign
Case C‑78/13 P Hârsulescu v Romania
Appeal — Representation by a lawyer — Action concerning the legality of judgments delivered by national courts — Action manifestly inadmissible
Case C‑353/12 Commission v Italy
Failure of a Member State to fulfil obligations — State aid — Aid for Ixfin SpA — Aid which is illegal and incompatible with the internal market — Recovery — Non-performance
Joined Cases C‑488/12 to C‑491/12 and C‑526/12 Nagy and Others v Hajdú-Bihar megyei Kormányhivatal and Others
Request for a preliminary ruling — Article 30 of the Charter of Fundamental Rights of the European Union — Implementation of EU law — Failure to implement EU law — Clear lack of jurisdiction of the Court
Case C‑5/13 Kovács v Vas Megyei Rendőr-főkapitányság
Reference for a preliminary ruling — Article 45 TFEU — Free movement of workers — National legislation under which a driver using a vehicle with foreign registration plates must prove the lawfulness of its use on the spot, during a police inspection, on pain of a fine
Case C‑410/12 P medi v OHIM
Appeal — Community trade mark — Application for registration of the Community word mark medi — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) and 7(2) of Regulation (EC) No 207/2009 — Distortion of the evidence — None
Case C‑263/12 Commission v Greece
Failure of a Member State to fulfil obligations — State aid — Commission Decision ordering recovery of aid — Failure to comply with a Commission Decision
Case C‑344/12 Commission v Italy
Failure of a Member State to fulfil obligations — State aid — Aid granted by the Italian Republic for the benefit of Alcoa Trasformazioni — Commission Decision 2010/460/EC declaring that aid to be incompatible and ordering its recovery — Failure to implement within the prescribed period
Case C‑376/12 Sky Italia v Autorità per le Garanzie nelle Comunicazioni and Commissione di Garanzia dell’Attuazione della Legge sullo Sciopero nei Servizi Pubblici Essenziali
Electronic communications networks and services — Directive 2002/20/EC — Article 12 — Administrative charges imposed on undertakings in the sector concerned — National legislation making operators of electronic communications subject to the payment of a charge intended to cover the operating costs of the national regulatory authorities
Case C‑519/12 OTP Bank v Hochtief Solution
Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Special jurisdiction — Article 5(1)(a) — Concept of ‘matters relating to a contract’
Case C‑510/11 P Kone and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Market for the installation and maintenance of elevators and escalators — Fines — Notice on immunity from fines and reduction of fines in cartel cases — Effective judicial remedy
Case C‑77/12 P Deutsche Post v Commission
Appeal — State aid — Commission decision to initiate the procedure laid down in Article 88(2) EC — Action for annulment — Measure against which action for annulment may be brought — Measures intended to have binding legal effects — Earlier decision to initiate on the same measures
Case C‑593/12 P Lancôme v OHIM
Appeal — Community trade mark — Word mark Color Focus — Application for a declaration of invalidity made by the proprietor of the Community word mark Focus — Declaration of invalidity — Surrender — Article 149 of the Rules of Procedure — Appeal which has become devoid of purpose — No need to adjudicate
November 2013
Case C‑322/11 K v Veronsaajien oikeudenvalvontayksikkö and Valtiovarainministeriö
Reference for a preliminary ruling — Articles 63 TFEU and 65 TFEU — Free movement of capital — Tax legislation of a Member State which does not allow deduction of the loss on the sale of immovable property situated in another Member State from the gain on the sale of securities in the Member State of taxation
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C‑518/11 UPC Nederland v Gemeente Hilversum
Electronic communications networks and services — Directives 97/66/EC, 2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC — Scope ratione materiae — Provision of a basic package of radio and television programmes via cable — Sale by a municipality of its cable network to a private undertaking — Contractual clause concerning the tariff — Powers of the national regulatory authorities — Principle of sincere cooperation
Request for a preliminary ruling from the Gerechtshof te Amsterdam
Language of the case: Dutch
Case C‑72/12 Gemeinde Altrip and Others v Land Rheinland-Pfalz
Reference for a preliminary ruling — Environment — Directive 85/337/EEC — Environmental impact assessment — Århus Convention — Directive 2003/35/EC — Right to challenge a development consent decision — Temporal application — Development consent procedure initiated before the period prescribed for transposing Directive 2003/35/EC expired — Decision taken after that date — Conditions of admissibility of the action — Impairment of a right — Nature of the procedural defect that may be invoked — Scope of the review
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Joined Cases C‑199/12 to C‑201/12 Minister voor Immigratie, Integratie en Asiel v X and Others and Z v Minister voor Immigratie, Integratie en Asiel and UNHCR
Directive 2004/83/EC — Minimum standards relating to the conditions for granting refugee status or subsidiary protection status — Article 10(1)(d) — Membership of a particular social group — Sexual orientation — Reason for persecution — Article 9(1) — Concept of ‘persecution’ — Well-founded fear of being persecuted on account of membership of a particular social group — Acts sufficiently serious to justify such a fear — Legislation criminalising homosexual acts — Article 4 — Individual assessment of the facts and circumstances
Requests for a preliminary ruling from the Raad van State (Netherlands)
Language of the case: Dutch
Case C‑225/12 Demir v Staatssecretaris van Justitie
Reference for a preliminary ruling — EEC-Turkey Association Agreement — Article 13 of Decision No 1/80 of the Association Council — ‘Standstill’ clauses — ‘Legally resident’
Request for a preliminary ruling from the Raad van State (Netherlands)
Language of the case: Dutch
Joined Cases C‑249/12 and C‑250/12 Tulică and Plavoşin v Agenţia Naţională de Administrare Fiscală and Others
Taxation — VAT — Directive 2006/112/EC — Articles 73 and 78 — Immovable property transactions carried out by natural persons — Classification of those transactions as taxable — Determination of the VAT owing when the parties have made no provision for it at the time of conclusion of the contract — Question as to whether or not the vendor may recover the VAT from the purchaser — Consequences
Requests for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
Case C‑313/12 Romeo v Regione Siciliana
National administrative procedure — Purely internal situation — Administrative acts — Obligation to state reasons — Whether it is possible for failure to state reasons to be remedied during legal proceedings against an administrative act — Interpretation of the second paragraph of Article 296 TFEU and Article 41(2)(c) of the Charter of Fundamental Rights of the European Union — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Corte dei conti, sezione giurisdizionale per la Regione Siciliana
Language of the case: Italian
Case C‑442/12 Sneller v DAS Nederlandse Rechtsbijstand Verzekeringsmaatschappij
Legal expenses insurance — Directive 87/344/EEC — Article 4(1) — Insured persons’ freedom to choose a lawyer — Clause in the standard terms and conditions of a contract guaranteeing legal assistance in any inquiry or proceedings by one of the insurer’s employees — Costs relating to legal assistance provided by an external legal adviser reimbursed only where the insurer decides that it is necessary to entrust handling of the case to an external legal adviser
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑473/12 IPI v Englebert and Others
Processing of personal data — Directive 95/46/EC — Articles 10 and 11 — Obligation to inform — Article 13(1)(d) and (g) — Exceptions — Scope of exceptions — Private detectives acting for the supervisory body of a regulated profession — Directive 2002/58/EC — Article 15(1)
Request for a preliminary ruling from the Cour constitutionnelle (Belgium)
Language of the case: French
Case C‑522/12 Isbir v DB Services
Reference for a preliminary ruling — Freedom to provide services — Posting of workers — Directive 96/71/EC — Minimum rates of pay — Lump sums and employer contribution to a multiannual savings plan for the benefit of its employees
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C‑4/11 Bundesrepublik Deutschland v Puid
Asylum — Charter of Fundamental Rights of the European Union — Article 4 — Regulation (EC) No 343/2003 — Article 3(1) and (2) — Determination of the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national — Articles 6 to 12 — Criteria for determining the Member State responsible — Article 13 — Fall-back clause
Request for a preliminary ruling from the Hessischer Verwaltungsgerichtshof
Language of the case: German
Joined Cases C‑514/11 P and C‑605/11 P LPN and Finland v Commission
Appeal — Access to the documents of the institutions — Regulation (EC) No 1049/2001 — Third indent of Article 4(2) — Exception concerning the protection of the purpose of inspections, investigations and audits — Environmental information — Regulation (EC) No 1367/2006 — Article 6(1) — Documents relating to the pre-litigation stage of infringement procedures — Refusal of access — Obligation to examine specifically and individually the documents referred to in the request for access — Overriding public interest
Language of the case: Portuguese
Case C‑582/11 P-DEP Schwaaner Fischwaren v Rügen Fisch
Taxation of costs
Language of the case: German
Case C‑638/11 P Council v Gul Ahmed Textile Mills
Appeal — Dumping — Imports of cotton-type bed linen originating in Pakistan — Regulation (EC) No 384/96 — Article 3(7) — Concept of ‘other factors’
Language of the case: English
Case C‑60/12 Proceedings concerning the enforcement of a financial penalty issued against Marián Baláž
Police and judicial cooperation in criminal matters — Framework Decision 2005/214/JHA — Application of the principle of mutual recognition to financial penalties — ‘Court having jurisdiction in particular in criminal matters’ — The ‘Unabhängiger Verwaltungssenat’ under Austrian law — Nature and scope of the review on the part of the court of the Member State of enforcement
Request for a preliminary ruling from the Vrchní soud v Praze
Language of the case: Czech
Joined Cases C‑187/12 to C‑189/12 SFIR and Others v Ministero delle Politiche Agricole, Alimentari e Forestali and AGEA
Reference for a preliminary ruling — Regulation (EC) No 320/2006 — Regulation (EC) No 968/2006 — Agriculture — Temporary scheme for the restructuring of the sugar industry — Conditions for granting restructuring aid — Concepts of ‘production facilities’ and ‘full dismantling’
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑221/12 Belgacom v INTEGAN and Others
Requests for a preliminary ruling — Article 49 TFEU — Freedom of establishment — Article 56 TFEU — Freedom to provide services — Principles of equal treatment and non-discrimination — Obligation of transparency — Scope — Agreement concluded by public entities of one Member State and an undertaking of that Member State — Transfer, by those entities, of their television provision activities and, for a fixed period, the exclusive right to use their cable networks, to an undertaking in that Member State — Possibility for an economic operator of that same State to rely on Articles 49 TFEU and 56 TFEU before the courts of that Member State — No invitation to tender — Justification — Existence of an earlier agreement — Transaction intended to put an end to litigation concerning the interpretation of that agreement — Risk of depreciation of the transferred activity
Requests for a preliminary ruling from the Raad van State (Belgium)
Language of the case: Dutch
Case C‑383/12 P Environmental Manufacturing v OHIM
Appeal — Community trade mark — Opposition proceedings — Figurative mark representing a wolf’s head — Opposition by the proprietor of the national and international figurative marks containing the word elements ‘WOLF Jardin’ and ‘Outils WOLF’ — Relative grounds for refusal — Detriment to the distinctive character of the earlier mark — Regulation (EC) No 207/2009 — Article 8(5) — Change in the economic behaviour of the average consumer — Burden of proof
Language of the case: English
Case C‑388/12 Comune di Ancona v Regione Marche
Structural Funds — European Regional Development Fund (ERDF) — Financial contribution from a Structural Fund — Criteria for the eligibility of expenditure — Regulation (EC) No 1260/1999 — Article 30(4) — Principle of durability of the operation — ‘Substantial modification’ of an operation — Award of a concession contract without advertisement or a competitive tendering procedure
Request for a preliminary ruling from the Tribunale amministrativo regionale per le Marche
Language of the case: Italian
Case C‑469/12 Krejci Lager & Umschlagbetriebs v Olbrich Transport und Logistik
Reference for a preliminary ruling — Area of freedom, security and justice — Brussels Convention — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 5(1)(b) — Jurisdiction — Special jurisdiction — Matters relating to a contract — Concept of ‘provision of services’ — Storage contract
Request for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
Case C‑478/12 Maletic and Maletic v lastminute.com and TUI Österreich
Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001– Article 16(1) — Contract for travel concluded between a consumer domiciled in one Member State and a travel agency established in another Member State — Supplier of services used by the travel agency established in the Member State where the consumer is domiciled — Right of a consumer to bring an action against two undertakings before the court for the place of his domicile
Request for a preliminary ruling from the Landesgericht Feldkirch
Language of the case: German
Joined Cases C‑537/12 and C‑116/13 Banco Popular Español and Banco de Valencia v Rivas Quichimbo and Others
Directive 93/13/EEC — Article 99 of the Rules of Procedure of the Court of Justice — Consumer contracts — Mortgage loan agreement — Mortgage enforcement proceedings — Powers of the national court responsible for enforcement — Unfair terms — Criteria for assessment
Requests for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción No. 1 de Catarroja and from the Juzgado de Primera Instancia No. 17 de Palma de Mallorca
Language of the case: Spanish
Case C‑617/12 Astrazeneca v Comptroller General of Patents
Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Article 13(1) — Concept of ‘first authorisation to place [a product] on the market in the Community’ — Authorisation issued by the Swiss Institute for Medicinal Products (Swissmedic) — Automatic recognition in Liechtenstein — Authorisation issued by the European Medicines Agency — Period of validity of a certificate
Request for a preliminary ruling from the High Court of Justice (England and Wales), Chancery Division (Patents Court)
Language of the case: English
Case C‑49/13 MF 7 v MAFRA
Article 267 TFEU — Concept of ‘court or tribunal’ — Proceedings intended to lead to a decision of a judicial nature — Independence — Clear lack of jurisdiction of the Court
Request for a preliminary ruling from the Úřad průmyslového vlastnictví
Language of the case: Czech
Case C‑210/13 Glaxosmithkline Biologicals and Glaxosmithkline Biologicals, Niederlassung der Smithkline Beecham Pharma v Comptroller-General of Patents, Designs and Trade Marks
Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Concepts of ‘active ingredient’ and ‘combination of active ingredients’ — Adjuvant
Request for a preliminary ruling from the High Court of Justice (England and Wales), Chancery Division
Language of the case: English
Case C‑63/12 Commission v Council
Action for annulment — Decision 2011/866/EU — Annual adjustment of the remuneration and pensions of officials and other servants of the European Union — Staff Regulations — Article 65 of the Staff Regulations — Method of adjustment — Article 3 of Annex XI to the Staff Regulations — Exception clause — Article 10 of Annex XI to the Staff Regulations — Serious and sudden deterioration in the economic and social situation — Adjustment of correction coefficients — Article 64 of the Staff Regulations — Council decision — Refusal to adopt the Commission’s proposal
Language of the case: French
Case C‑66/12 Council v Commission
Annual adjustment of the remuneration and pensions of officials and other servants of the European Union — Staff Regulations — Action for annulment — Communication COM(2011) 829 final — Proposal COM(2011) 820 final — Action for failure to act — Submission of proposals on the basis of Article 10 of Annex XI to the Staff Regulations — Failure of the Commission — Action devoid of purpose — No need to adjudicate
Language of the case: French
Case C‑196/12 Commission v Council
Action for failure to act — Annual adjustment of the remuneration and pensions of officials and other servants of the European Union — Staff Regulations — Adjustment of correction coefficients — Council decision — Refusal to adopt the Commission’s proposal — Failure to act — Inadmissibility
Language of the case: French
Case C‑284/12 Deutsche Lufthansa v Flughafen Frankfurt-Hahn
State aid — Articles 107 TFEU and 108 TFEU — Benefits granted by a public airport operator to a low-cost airline — Decision to initiate a formal investigation procedure in respect of that measure — Obligation of Member States’ courts to abide by the Commission’s assessment in that decision concerning the existence of aid
Request for a preliminary ruling from the Oberlandesgericht Koblenz
Language of the case: German
Case C‑302/12 X v Minister van Financiën
Reference for a preliminary ruling — Article 43 EC — Motor vehicles — Use in a Member State of a private motor vehicle registered in another Member State — Taxation of that vehicle in the first Member State when it was first used on the national road network and also in the second Member State when it was registered — Vehicle used by the citizen concerned for both private use and for going, from the Member State of origin, to the place of work situated in the first Member State.
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑494/12 Dixons Retail v Commissioners for Her Majesty's Revenue and Customs
Directive 2006/112/EC — Value added tax — Supply of goods — Concept — Fraudulent use of a bank card
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Case C‑40/12 P Gascogne Sack Deutschland v Commission
Appeal — Competition — Cartels — Industrial plastic bags sector — Whether the infringement by a subsidiary may be attributed to the parent company — Excessive length of the proceedings before the General Court — Principle of effective legal protection
Language of the case: French
Case C‑50/12 P Kendrion v Commission
Appeal — Competition — Cartels — Industrial plastic bags sector — Whether the infringement by a subsidiary may be attributed to the parent company — Joint and several liability of the parent company for the payment of the fine imposed on the subsidiary — Excessive length of the proceedings before the General Court — Principle of effective legal protection
Language of the case: Dutch
Case C‑58/12 P Groupe Gascogne v Commission
Appeal — Competition — Cartels — Industrial plastic bags sector — Whether the infringement by a subsidiary may be attributed to the parent company — Taking into account the total turnover of the group in order to calculate the upper limit of the fine — Excessive length of the proceedings before the General Court — Principle of effective legal protection
Language of the case: French
Case C‑576/11 Commission v Luxembourg
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Treatment of urban waste water — Judgment of the Court establishing a failure to fulfil obligations — Non-implementation — Article 260 TFEU — Pecuniary penalties — Imposition of a penalty payment and a lump sum payment
Language of the case: French
Case C‑280/12 P Council v Fulmen and Mahmoudian
Appeal — Restrictive measures against the Islamic Republic of Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to substantiate the measure
Language of the case: French
Case C‑309/12 Gomes Viana Novo and Others v FGS
Reference for a preliminary ruling — Directive 80/987/EEC — Directive 2002/74/EC — Protection of employees in the event of employer’s insolvency — Guarantee institutions — Limitation on the payment obligation of the guarantee institution — Wage claims falling due more than six months before the commencement of legal proceedings seeking a declaration of the employer’s insolvency
Request for a preliminary ruling from the Tribunal Central Administrativo Norte
Language of the case: Portuguese
Case C‑319/12 Minister Finansów v MDDP
VAT — Directive 2006/112/EC — Articles 132 to 134 and 168 — Exemptions — Educational services provided on a profit-making basis by bodies governed by private law — Right to deduction
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C‑348/12 P Council v Manufacturing Support & Procurement Kala Naft
Appeal — Restrictive measures against the Islamic Republic of Iran with the aim of preventing nuclear proliferation — Measures directed against the Iranian oil and gas industry — Freezing of funds — Obligation to state reasons — Obligation to substantiate the measure
Language of the case: French
Case C‑576/12 P Jurašinović v Council
Appeal — Access to the documents of the institutions — Regulation (EC) No 1049/2001 — Exceptions to the right of access — Article 4(1)(a), first and third indents — Public security — International relations
Language of the case: French
Case C‑258/13 Sociedade Agrícola e Imobiliária da Quinta de S. Paio v Instituto da Segurança Social
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Right to an effective remedy — Legal persons pursuing a commercial objective — Legal aid — No link with EU law — Clear lack of jurisdiction of the Court
Request for a preliminary ruling from the 5a Vara Cível de Lisboa
Language of the case: Portuguese
Case C‑390/13 P(R) EMA v InterMune UK and Others
Appeal — Order for interim measures — Regulation (EC) No 1049/2001 — Access to documents of the institutions — Documents held by the European Medicines Agency in the context of an application for authorisation to place a medicinal product on the market — Decision to grant a third party access to the documents — Information not available to the public — Serious and irreparable damage — Evidence
Language of the case: English
Information (on unpublished decisions)
Case C‑90/12 Commission v Poland
Failure of a Member State to fulfil obligations — Air transport — Agreements relating to air services between Member States and third countries — Obligation on Member States to distribute traffic rights among eligible Community air carriers on the basis of a non-discriminatory and transparent procedure and to inform the Commission of that procedure without delay
Case C‑547/12 P Greece v Commission
Appeal — EAGGF — ‘Guarantee’ section — Clearance of the accounts of the paying agencies of certain Member States concerning expenditure financed by the EAGGF — Amounts which are recoverable from the Hellenic Republic following failure to recover within the period prescribed — Distortion of evidence
Case C‑560/12 P Wam Industriale v Commission
Appeal — State aid — Establishing a company in certain third countries — Soft loans — Decision declaring aid partly incompatible with the common market and ordering its recovery — Decision taken following the annulment by the General Court of the original decision concerning the same proceedings — Enforcement of a judgment of the General Court
Case C‑587/12 P Italy v Commission
Appeal — State aid — Establishing a company in certain third countries — Soft loans — Decision declaring aid partly incompatible with the common market and ordering its recovery — Decision taken following the annulment by the General Court of the original decision concerning the same proceedings — Enforcement of a judgment of the General Court
Case C‑615/12 P Arbos v Commission
Appeal — Action for damages — Grants made for projects financed by the ‘Culture 2000’ programme — Claims for payment of various sums — Content of the application — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C‑6/13 P IDT Biologika v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Public supply contracts — Call for tenders related to the supply in Serbia of rabies vaccines — Rejection of a tender — Appeal clearly inadmissible or unfounded
Case C‑23/13 Commission v France
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Articles 3 and 4
Case C‑224/13 Procuratore della Repubblica presso il Tribunale di Cagliari v Lorrai
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Fundamental rights — Excessive length of the criminal proceedings — Stay of criminal proceedings, for an indefinite period, in the event of sickness of the accused making him incapable of consciously participating in the proceedings — Irreversible sickness of the accused — Failure to implement EU law — Clear lack of jurisdiction of the Court of Justice
Case C‑371/13 SC Schuster & Co Ecologic v Direcţia Generală a Finanţelor Publice a Judeţului Sibiu
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Insolvency proceedings — Effects of insolvency proceedings on the pending proceedings — National legislation requiring a stay of proceedings in the event of initiation of insolvency proceedings — Decision of a national court of final instance which does not comply with that requirement — Charter of Fundamental Rights of the European Union — Right to an effective remedy — Failure to implement EU law — Clear lack of jurisdiction of the Court
Case C‑524/12 P TeamBank v OHIM
Appeal — Community trade mark — Figurative mark f@ir Credit — Opposition by the proprietor of the Community figurative mark FERCREDIT — Refusal of registration
Case C‑550/12 P J v Parliament
Article 227 TFEU — Right of petition — Petition addressed to the European Parliament — Decision to take no further action — Subject not falling within an area of activity of the European Union
Case C‑257/13 Mlamali v CAF des Bouches-du-Rhône
Reference for a preliminary ruling — Article 94 of the Rules of Procedure of the Court — Absence of sufficient information concerning the factual and regulatory background to the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling — Manifest inadmissibility
Case C‑581/12 P Kuwait Petroleum and Others v Commission
Appeals — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Setting of the gross price of road pavement bitumen — Setting of a rebate for road builders — 2002 Leniency Notice — Last paragraph of point 23(b) — Partial immunity — Evidence relating to facts previously unknown to the European Commission — Appeal manifestly inadmissible or manifestly unfounded
Case C‑13/12 P CHEMK and KF v Council and Commission
Appeal — Dumping — Regulation (EC) No 172/2008 − Imports of ferro-silicon originating in China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia − Regulation (EC) No 384/96 − Article 2(9) — Export price — Article 3(5) and (6) — Determination of injury − Article 6(7) — Investigation − Article 8(4) — Offer of undertakings — Non-confidential version − Article 20(1) — Disclosure − Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part
Case C‑167/13 Disciplinary proceedings against Jean Devillers
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Conseil régional d'expression française de l'ordre des médecins vétérinaires — Concept of ‘court or tribunal of a Member State’ within the meaning of Article 267 TFEU — Lack of jurisdiction of the Court
Case C‑389/13 P(R) EMA v AbbVie
Appeal — Order for interim measures — Regulation (EC) No 1049/2001 — Access to documents of the institutions — Documents held by the European Medicines Agency in the context of an application for authorisation to place a medicinal product on the market — Decision to grant a third party access to the documents — Serious and irreparable damage — Evidence
December 2013
Case C‑111/10 Commission v Council
Action for annulment — State aid — Article 108(1) and (2) TFEU — Aid granted by the Republic of Lithuania for the purchase of agricultural land — Competence of the Council of the European Union — Existing aid scheme — Appropriate measures — Two indissolubly connected aid schemes — Change of circumstances — Exceptional circumstances — Economic crisis — Manifest error of assessment — Principle of proportionality
Language of the case: English
Case C‑117/10 Commission v Council
Action for annulment — State aid — Article 88(1) and (2) EC — Aid granted by the Republic of Poland for the purchase of agricultural land — Competence of the Council of the European Union — Existing aid scheme — Accession of the Republic of Poland to the European Union — Aid granted before accession — Appropriate measures — Two indissolubly connected aid schemes — Change of circumstances — Exceptional circumstances — Economic crisis — Manifest error of assessment — Principle of proportionality
Language of the case: English
Case C‑118/10 Commission v Council
Action for annulment — State aid — Article 108(1) and (2) TFEU — Aid granted by the Republic of Latvia for the purchase of agricultural land — Competence of the Council of the European Union — Existing aid scheme — Accession of the Republic of Latvia to the European Union — Aid granted before accession — Appropriate measures — Two indissolubly connected aid schemes — Change of circumstances — Exceptional circumstances — Economic crisis — Manifest error of assessment — Principle of proportionality
Language of the case: English
Case C‑121/10 Commission v Council
Action for annulment — State aid — Article 108(1) and (2) TFEU — Aid granted by Hungary for the purchase of agricultural land — Competence of the Council of the European Union — Existing aid scheme — Appropriate measures — Two indissolubly connected aid schemes — Change of circumstances — Exceptional circumstances — Economic crisis — Manifest error of assessment — Principle of proportionality
Language of the case: English
Joined Cases C‑618/11, C‑637/11 and C‑659/11 TVI v Fazenda Pública
Taxation — VAT — Sixth Directive 77/388/EEC — Article 11(A)(1)(a), (2)(a) and (3)(c) — Directive 2006/112/EC — Article 73, point (a) of the first paragraph of Article 78 and point (c) of the first paragraph of Article 79 — Taxable amount for the VAT payable on commercial advertising screening services — Commercial advertising screening tax
Requests for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Joined Cases C‑159/12 to C‑161/12 Venturini and Others v A.S.L. Varese and Others
Freedom of establishment — Article 49 TFEU — Public health — National legislation prohibiting para-pharmacies from selling prescription-only medicinal products the cost of which is borne by the patient
Requests for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia
Language of the case: Italian
Case C‑166/12 Časta v Česká správa sociálního zabezpečení
Request for a preliminary ruling — Article 11(2) of Annex VIII to the Staff Regulations — Regulation (EEC, Euratom, ECSC) No 259/68 and Regulation (EC, Euratom) No 723/2004 — Officials of the European Union — Pension rights in the national scheme — Transfer to the European Union pension scheme — Calculation method — Concept of ‘capital value of pension rights’
Request for a preliminary ruling from the Krajský soud v Praze
Language of the case: Czech
Case C‑413/12 Asociación de Consumidores Independientes de Castilla y León v Anuntis Segundamano España SL
Request for a preliminary ruling — Directive 93/13/EEC — Action seeking an injunction brought by a regional consumer protection association — Jurisdiction of local courts — No remedy against a decision declining jurisdiction delivered at first instance — Procedural autonomy of the Member States — Principles of equivalence and effectiveness
Request for a preliminary ruling from the Audiencia Provincial de Salamanca
Language of the case: Spanish
Case C‑508/12 Vapenik v Thurner
Area of freedom, security and justice — Regulation (EC) No 805/2004 — European enforcement order for uncontested claims — Requirements for certification as an enforcement order — Situation in which the judgment was given in the Member State of the creditor in a dispute between two persons not engaged in commercial or professional activities
Request for a preliminary ruling from the Landesgericht Salzburg
Language of the case: German
Case C‑514/12 Zentralbetriebsrat der gemeinnützigen Salzburger Landeskliniken v Land Salzburg
Freedom of movement for workers — Article 45 TFEU — Regulation (EU) No 492/2011 — Article 7(1) — National legislation providing for account to be taken only of a proportion of the periods of service completed with employers other than Land Salzburg — Restriction of freedom of movement for workers — Justifications — Overriding reasons in the public interest — Objective of rewarding loyalty — Administrative simplification — Transparency
Request for a preliminary ruling from the Landesgericht Salzburg
Language of the case: German
Case C‑561/12 Nordecon and Ramboll Eesti v Rahandusministeerium
Public procurement — Negotiated procedure with prior publication of a contract notice — Whether possible for the contracting authority to negotiate on tenders which do not comply with the mandatory requirements of the technical specifications relating to the contract
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
Case C‑272/12 P Commission v Ireland and Others
Appeal — State aid — Exemption from excise duty on mineral oils — Court acting of its own motion — Plea adopted of its own motion by a court of the European Union — Relationship between tax harmonisation and monitoring of State aid — Respective powers of the Council and the Commission — Principle of legal certainty — Presumption of legality attaching to European Union measures
Language of the case: French
Case C‑394/12 Abdullahi v Bundesasylamt
Request for a preliminary ruling — Common European Asylum System — Regulation (EC) No 343/2003 — Determination of the Member State responsible for examining an asylum application — Review of compliance with the criteria for determining responsibility for examining the asylum application — Scope of judicial review
Request for a preliminary ruling from the Asylgerichtshof
Language of the case: German
Case C‑116/12 Christodoulou and Others v Elliniko Dimosio
Customs value — Goods exported to a third country — Export refunds — Processing in the exporting country regarded as non-substantial — Re-export of goods to the European Union — Determination of the customs value — Transaction value
Request for a preliminary ruling from the Diikitiko Protodikio Serron
Language of the case: Greek
Joined Cases C‑241/12 and C‑242/12 Criminal proceedings against Shell Nederland Verkoopmaatschappij BV (C-241/12), Belgian Shell NV (C-242/12)
Environment — Waste — Concept — Directive 2006/12/EC — Shipments of waste — Information from the competent national authorities — Regulation (EEC) No 259/93 — Discarding of a substance or object or intention or requirement to discard it
Requests for a preliminary ruling from the Rechtbank te Rotterdam
Language of the case: Dutch
Case C‑267/12 Hay v Crédit agricole mutuel
Directive 2000/78/EC — Equal treatment — Collective agreement which restricts a benefit in respect of pay and working conditions to employees who marry — Exclusion of partners entering into a civil solidarity pact — Discrimination based on sexual orientation
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C‑292/12 Ragn-Sells v Sillamäe Linnavalitsus
Request for a preliminary ruling — Directive 2008/98/EC — Waste management — Article 16(3) — Principle of proximity — Regulation (EC) No 1013/2006 — Shipment of waste — Mixed municipal waste — Industrial waste and construction waste — Procedure for awarding a service concession for the collection and transport of waste produced on the territory of a municipality — Obligation for the future concessionaire to transport waste collected in the treatment facilities designated by the concession-granting authority — Nearest appropriate treatment facilities
Request for a preliminary ruling from the Tartu ringkonnakohus
Language of the case: Estonian
Case C‑303/12 Imfeld and Garcet v Belgian State
Freedom of establishment — Equal treatment — Income tax — Legislation for the avoidance of double taxation — Income earned in a State other than the State of residence — Method of exemption subject to progressivity in the State of residence — Account taken, in part, of personal and family circumstances — Loss of certain tax advantages linked to the personal and family circumstances of the worker
Request for a preliminary ruling from the tribunal de première instance de Liège
Language of the case: French
Case C‑327/12 Ministero dello Sviluppo economico and Autorità per la Vigilanza sui Contratti Pubblici di lavori, servizi e forniture v SOA Nazionale Costruttori
Articles 101 TFEU, 102 TFEU and 106 TFEU — Public undertakings and undertakings to which special or exclusive rights have been granted — Undertakings entrusted with the operation of services of general economic interest — Definition — Bodies tasked with checking and certifying compliance by undertakings carrying out public works with the conditions required by the law — Article 49 TFEU — Freedom of establishment — Restriction — Justification — Protection of recipients of services — Status of certification services
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑361/12 Carratù v Poste Italiane
Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work — Principle of non-discrimination — Employment conditions — National legislation establishing a system of compensation for the unlawful insertion of a fixed-term clause into an employment contract which is different from that applicable to the unlawful termination of an employment contract of indefinite duration
Request for a preliminary ruling from the Tribunale di Napoli
Language of the case: Italian
Case C‑362/12 Test Claimants in the Franked Investment Income Group Litigation v Commissioners of Inland Revenue and another
Judicial protection — Principle of effectiveness — Principles of legal certainty and the protection of legitimate expectations — Restitution of sums paid but not due — Remedies — National legislation — Curtailment of the limitation period for the applicable remedies without notice and retroactively
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
Case C‑425/12 Portgás v Ministério da Agricultura, do Mar, do Ambiente e do Ordenamento do Território
Procedures for awarding public contracts in the water, energy, transport and telecommunications sectors — Directive 93/38/EEC — Directive not transposed into national law — Whether the State may rely on that directive against a body holding a public service concession in the case where that directive has not been transposed into national law
Request for a preliminary ruling from the Tribunal Administrativo e Fiscal do Porto
Language of the case: Portuguese
Case C‑443/12 Actavis Group PTC and Actavis UK v Sanofi
Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Article 3 — Conditions for obtaining such a certificate — Successive marketing of two medicinal products containing, wholly or partially, the same active ingredient — Combination of active ingredients, one of which has already been marketed in the form of a medicinal product with a single active ingredient — Whether it is possible to obtain a number of certificates on the basis of the same patent and two marketing authorisations
Request for a preliminary ruling from the High Court of Justice (England and Wales), Chancery Division (Patents Court)
Language of the case: English
Case C‑445/12 P Rivella International v OHIM
Appeal — Community trade mark — Figurative mark containing the word element ‘BASKAYA’ — Opposition — Bilateral convention — Territory of a non-Member State — ‘Genuine use’
Language of the case: German
Case C‑450/12 HARK v Hauptzollamt Duisburg
Common Customs Tariff — Tariff classification — Combined Nomenclature — Headings 7307 and 7321 — Stove pipe sets — Notions of ‘parts’ of stoves and ‘tube or pipe fittings’
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C‑484/12 Georgetown University v Octrooicentrum Nederland
Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Article 3 — Conditions for obtaining such a certificate — Whether it is possible to obtain a number of supplementary protection certificates on the basis of just one patent
Request for a preliminary ruling from the Rechtbank ‘s-Gravenhage
Language of the case: Dutch
Case C‑486/12 X v Heffingsambtenaar van de gemeente Z
Protection of individuals with regard to the processing of personal data — Directive 95/46/EC — Conditions for exercising a right of access — Levying of excessive fees
Request for a preliminary ruling from the Gerechtshof te ’s-Hertogenbosch
Language of the case: Dutch
Case C‑493/12 Eli Lilly and Company v Human Genome Sciences
Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Article 3 — Conditions for obtaining such a certificate — Concept of a ‘product protected by a basic patent in force’ — Criteria — Wording of the claims of the basic patent — Precision and specificity — Functional definition of an active ingredient — Structural definition of an active ingredient — European Patent Convention
Request for a preliminary ruling from the High Court of Justice (England and Wales), Chancery Division (Patents Court)
Language of the case: English
Case C‑523/12 Dirextra Alta Formazione v Regione Puglia
Request for a preliminary ruling — Freedom to provide services — Grants of public money, co-financed by the European Social Fund, for students enrolled in post-graduate specialist programmes of study — Regional legislation designed to enhance the level of education locally and making the award of grants subject to conditions targeting providers of post-graduate programmes of study — Condition requiring 10 years’ continuous experience
Request for a preliminary ruling from the Tribunale amministrativo regionale per la Puglia
Language of the case: Italian
Case C‑281/11 Commission v Poland
Failure of a Member State to fulfil obligations — Contained use of genetically modified micro-organisms — Directive 2009/41/EC — Incorrect and incomplete transposition
Language of the case: Polish
Case C‑500/11 Fruition Po and The Queen v Minister for Sustainable Farming and Food and Animal Health
Reference for a preliminary ruling — Regulation (EC) No 2200/96 — Regulation (EC) No 1432/2003 — Agriculture — Common organisation of markets — Fruit and vegetables — Producer organisations — Conditions for recognition by national authorities — Provision of technical resources required for storage, packing and marketing of produce — Whether organisation obliged, in the event of delegation of its tasks to third party companies, to exercise control over those companies
Request for a preliminary ruling from the High Court of Justice (England and Wales), Queen’s Bench Division (Administrative Court)
Language of the case: English
Case C‑9/12 Corman-Collins v La Maison du Whisky
Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001 — Article 2 — Article 5(1)(a) and (b) — Special jurisdiction in matters relating to contract — Concepts of ‘sale of goods’ and ‘supply of services’ — Agreement for the distribution of goods
Request for a preliminary ruling from the Tribunal de commerce, Verviers
Language of the case: French
Case C‑84/12 Koushkaki v Bundesrepublik Deutschland
Area of freedom, security and justice — Regulation (EC) No 810/2009 — Articles 21(1), 32(1) and 35(6) — Procedures and conditions for issuing uniform visas — Obligation to issue a visa — Assessment of the risk of illegal immigration — Intention of the applicant to leave the territory of the Member States before the expiry of the visa applied for — Reasonable doubt — Discretion of the competent authorities
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C‑174/12 Hirmann v Immofinanz
Reference for a preliminary ruling — Company law — Second Directive 77/91/EEC — Liability of a public limited liability company for breach of its obligations in respect of advertising — Inaccurate information in share prospectus — Extent of liability — Legislation of a Member State providing for repayment of the price paid by the purchaser for purchased shares
Request for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
Case C‑202/12 Innoweb v Wegener ICT Media and Wegener Mediaventions
Directive 96/9/EC — Legal protection of databases — Article 7(1) and (5) — Sui generis right of the database maker — Concept of ‘re-utilisation’ — Substantial part of the contents of the database — Dedicated meta search engine
Request for a preliminary ruling from the Gerechtshof te ’s-Gravenhage
Language of the case: Dutch
Case C‑209/12 Endress v Allianz Lebensversicherung
Request for a preliminary ruling — Directives 90/619/EEC and 92/96/EEC — Direct life assurance — Right of cancellation — Lack of information on the conditions governing the exercise of that right — Expiry of the cancellation period one year after payment of the first premium — Conformity with Directives 90/619/EEC and 92/96/EEC
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑262/12 Association Vent De Colère and Others v Ministre de l'Écologie, du Développement durable, des Transports et du Logement and Ministre de l'Économie, des Finances et de l'Industrie
Reference for a preliminary ruling — State aid — Concept of ‘intervention by the State or through State resources’ — Wind-generated electricity — Obligation to purchase at a price higher than the market price — Offsetting in full — Charges payable by final consumers of electricity
Request for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
Case C‑274/12 P Telefónica v Commission
Appeal — Action for annulment — Fourth paragraph of Article 263 TFEU — Right to bring an action — Standing to bring proceedings — Natural or legal persons — Act of individual concern to them — Regulatory act not entailing implementing measures — Decision declaring a State aid scheme incompatible with the common market — Right to effective judicial protection
Language of the case: Spanish
Case C‑279/12 Fish Legal and Shirley v Information Commissioner and Others
Reference for a preliminary ruling — Aarhus Convention — Directive 2003/4/EC — Public access to environmental information — Scope — Concept of ‘public authority’ — Water and sewerage undertakers — Privatisation of the water industry in England and Wales
Request for a preliminary ruling from the Upper Tribunal (Administrative Appeals Chamber)
Language of the case: English
Case C‑281/12 Trento Sviluppo and Centrale Adriatica v Autorità Garante della Concorrenza e del mercato
Request for a preliminary ruling — Consumer protection — Unfair business-to-consumer commercial practices — Directive 2005/29/EC — Article 6(1) — Concept of ‘misleading action’ — Cumulative nature of the conditions set out in the provision in question
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑437/12 X v Voorzitter van het managementteam van het onderdeel Belastingdienst/Z van de rijksbelastingdienst
Internal taxation – Article 110 TFEU – Registration duty – Similar domestic products – Neutrality of the tax between imported used automobile vehicles and similar vehicles already present on the national market
Request for a preliminary ruling from the Gerechtshof’s-Hertogenbosch
Language of the case: Dutch
Case C‑452/12 Nipponka Insurance Co. (Europe) v Inter-Zuid Transport
Judicial cooperation in civil and commercial matters — Regulation (EC) No 44/2001 — Articles 27, 33 and 71 — Lis pendens — Recognition and enforcement of judgments — Convention on the Contract for the International Carriage of Goods by Road (CMR) — Article 31(2) — Rules for coexistence — Action for indemnity — Action for a negative declaration — Negative declaratory judgment
Request for a preliminary ruling from the Landgericht Krefeld
Language of the case: German
Case C‑495/12 Commissioners for Her Majesty's Revenue & Customs v Bridport and West Dorset Golf Club
Taxation — VAT — Directive 2006/112/EC — Exemptions — Article 132(1)(m) — Supply of services closely linked to sport — Access to a golf course — Payment of golf club access charge (‘green fee’) by visiting non-members — Exclusion from the exemption — Article 133(d) — Article 134(b) — Additional income
Request for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
Case C‑563/12 BDV Hungary Trading v Nemzeti Adó- és Vámhivatal Közép-dunántúli Regionális Adó Főigazgatósága
VAT — Directive 2006/112/EC — Article 146 — Exemptions on exportation — Article 131– Conditions laid down by Member States — National legislation requiring that property intended to be exported leave the customs territory of the European Union within a fixed period of 90 days after supply
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C‑426/13 P(R) Commission v Germany
Appeal — Order for interim measures — Limit values for lead, barium, arsenic, antimony, mercury and nitrosamines and nitrosatable substances in toys — Provisions notified by the Federal Republic of Germany maintaining national limit values for those substances — Commission decision refusing to approve those provisions in their entirety
Language of the case: German
Information (on unpublished decisions)
Case C‑446/11 P Commission v Edison
Appeals — Agreements, decisions and concerted practices — European market for hydrogen peroxide and sodium perborate — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Obligation to state reasons
Case C‑447/11 P Caffaro in amministrazione straordinaria (formerly Caffaro) v Commission
Appeal — Agreements, decisions and concerted practices — European market for hydrogen peroxide and sodium perborate — Decision finding an infringement of Article 81 EC — Calculation of the fine — Duration of the infringement — Limitation period — Mitigating circumstances
Case C‑448/11 P SNIA in amministrazione straordinaria (formerly SNIA) v Commission
Appeal — Agreements, decisions and concerted practices — European market for hydrogen peroxide and sodium perborate — Decision finding an infringement of Article 81 EC — Imputation of liability in the field of competition — Economic continuity test — Infringement of the rights of defence — Duty to state reasons
Case C‑449/11 P Solvay Solexis v Commission
Appeal — Agreements, decisions and concerted practices — European market for hydrogen peroxide and sodium perborate — Decision finding an infringement of Article 81 EC — Concepts of ‘agreement’ and ‘concerted practice’ — Concept of a ‘single and continuous infringement’ — Calculation of the fine
Case C‑455/11 P Solvay v Commission
Appeals — Agreements, decisions and concerted practices — European market for hydrogen peroxide and sodium perborate — Decision finding an infringement of Article 81 EC — Duration of the infringement — Concepts of ‘agreement’ and ‘concerted practice’ — Leniency Notice — Obligation to state reasons — Reduction of the fine
Case C‑534/12 P Marcuccio v Commission
Appeal — Action for review — Order of the General Court of the European Union declaring the action inadmissible — Assignment — Reassignment from the delegation in Luanda (Angola) to Brussels (Belgium) — Decision to pack and remove the applicant’s personal effects in his absence — Consequences of a later judgment of the General Court
Case C‑411/12 Commission v Italy
Failure of a Member State to fulfil obligations — State aid — Preferential electricity tariff — Decision 2011/746/EU — Aid incompatible with the internal market — Recovery — Failure to implement within the prescribed period
Case C‑50/13 Papalia v Comune di Aosta
Request for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Social policy — Directive 1999/70/EC — Clause 5 of the Framework Agreement on fixed-term work — Public sector — Successive contracts — Misuse — Compensation for damage — Conditions for the payment of compensation in the event of the unlawful fixing of a date on which a contract of employment will expire — Principles of equivalence and effectiveness
Case C‑70/13 P Getty Images v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) and (c) — Absolute grounds for refusal — Lack of distinctiveness — Descriptive character — Word mark PHOTOS.COM — Partial refusal of registration — Equal treatment — Obligation for OHIM to take into account its prior decision-making practice — Appeal partly manifestly inadmissible and partly manifestly unfounded
Case C‑159/13 P Fercal v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Community trade mark JACKSON SHOES — Application for a declaration of invalidity made by the proprietor of the national business name Jacson of Scandinavia AB — Declaration of invalidity — Manifest inadmissibility
Case C‑355/13 Umbra Packaging v Agenzia delle Entrate
Request for a preliminary ruling — Rules of Procedure — Articles 53(2) and 99 — Possible to infer the answer to a question referred for a preliminary ruling clearly from the case-law — Request manifestly inadmissible — Electronic communications networks and services — Directive 2002/20/EC (Authorisation Directive) — Article 3 — Imposition of a government authorisation charge when a telephone subscription is taken out — Charge not applied to the use of prepaid telephone cards — Article 102 TFEU
Joined Cases C‑239/11 P, C‑489/11 P and C‑498/11 P Siemens and Others v Commission
Appeals — Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Market sharing — Regulation (EC) No 1/2003 — Proof of the infringement — Single and continuous infringement — Distortion of the evidence — Probative value of statements which run counter to the interests of the declarant — Fines — Starting amount — Reference year — Deterrent multiplier — Powers of unlimited jurisdiction — Equal treatment — Rights of the defence — Duty to state reasons
Case C‑10/12 P Transnational Company 'Kazchrome' and ENRC Marketing v Council
Appeal — Dumping — Regulation (EC) No 172/2008 — Imports of ferro-silicon originating in China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia — Partial interim review − Regulation (EC) No 384/96 — Article 3(7) — Known factors — Injury to European Union industry — Causal link
Case C‑586/12 P Koninklijke Wegenbouw Stevin v Commission
Appeal — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Fixing of the gross price of road pavement bitumen — Fixing of a rebate for road builders — Evidence — Principle of equal treatment — Unlimited jurisdiction — Proportionality of the fine — Review by the Court
Case C‑506/13 P-R Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro v Commission
Application for interim measures — Appeal — Suspension of operation of a judgment of the General Court — Financial assistance in support of a medical research project — Debit note seeking to recover part of the financial assistance — Application for annulment — Counterclaim seeking payment of the sum requested — Order to pay that sum
January 2014
Case C‑292/11 P Commission v Portugal
Appeal — Compliance with a judgment of the Court of Justice establishing a failure to fulfil obligations — Periodic penalty payment — Claim for payment — Repeal of the national legislation which gave rise to the failure to fulfil obligations — Assessment by the Commission of the measures adopted by the Member State to comply with the judgment of the Court of Justice — Limits — Division of jurisdiction between the Court of Justice and the General Court
Language of the case: Portuguese
Case C‑176/12 Association de médiation sociale v Union locale des syndicats CGT and Others
Social policy — Directive 2002/14/EC — Charter of Fundamental Rights of the European Union — Article 27 — Subjecting the setting up of bodies representing staff to certain thresholds of employees — Calculation of the thresholds — National legislation contrary to EU law — Role of the national court
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C‑67/12 Commission v Spain
Failure of a Member State to fulfil obligations — Directive 2002/91/EC — Energy performance of buildings — Articles 3, 7 and 8 — Incomplete transposition
Language of the case: Spanish
Case C‑226/12 Constructora Principado v Menéndez Alvarez
Directive 93/13/EEC — Consumer contracts — Contract for the purchase of immovable property — Unfair terms — Criteria for assessment
Request for a preliminary ruling from the Audiencia Provincial de Oviedo
Language of the case: Spanish
Case C‑300/12 Finanzamt Düsseldorf-Mitte v Ibero Tours
Value-added tax — Operations of travel agents — Granting of price discounts to customers — Determination of the taxable amount for services provided as part of an intermediary activity
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑328/12 Schmid v Hertel
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 1346/2000 — Insolvency proceedings — Action to set a transaction aside by virtue of the debtor’s insolvency — Defendant resident in a third country — Jurisdiction of the court of the Member State where the debtor has the centre of his main interests
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑378/12 Onuekwere v Secretary of State for the Home Department
Reference for a preliminary ruling — Directive 2004/38/EC — Article 16(2) and (3) — Right of permanent residence of third-country nationals who are family members of a Union citizen — Taking into consideration of periods of imprisonment of those nationals
Request for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber), London
Language of the case: English
Case C‑400/12 Secretary of State for the Home Department v G
Reference for a preliminary ruling — Directive 2004/38/EC — Article 28(3)(a) — Protection against expulsion — Method for calculating the 10‑year period — Whether periods of imprisonment are to be taken into account
Request for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber), London
Language of the case: English
Case C‑423/12 Reyes v Migrationsverket
Request for a preliminary ruling ‒ Directive 2004/38/EC ‒ Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States — Right of residence in a Member State of a third-country national who is a direct descendant of a person having the right of residence in that Member State — Concept of ‘dependant’
Request for a preliminary ruling from the Kammarrätten i Stockholm — Migrationsöverdomstolen
Language of the case: Swedish
Case C‑429/12 Pohl v ÖBB Infrastruktur
Reference for a preliminary ruling — Equal treatment in employment and occupation — Article 21 of the Charter of Fundamental Rights of the European Union — Article 45 TFEU — Directive 2000/78/EC — Difference in treatment on grounds of age — Determination of the reference date for the purposes of advancement on the salary scale — Limitation period — Principle of effectiveness
Request for a preliminary ruling from the Oberlandesgericht Innsbruck
Language of the case: German
Case C‑481/12 Juvelta v Lietuvos prabavimo rūmai
Free movement of goods — Article 34 TFEU — Quantitative restrictions on imports — Measures having equivalent effect — Marketing of articles made of precious metals — Hallmark — Requirements laid down in the legislation of the Member State of import
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C‑24/13 Dél-Zempléni Nektár Leader Nonprofit v Vidékfejlesztési Miniszter
Agriculture — Regulation (EC) No 1698/2005 — EAFRD — Requirements relating to the legal form of local action groups — Amendment of those requirements — Competence of the Member States — Limits
Request for a preliminary ruling from the Fővárosi közigazgatási és munkaügyi bíróság
Language of the case: Hungarian
Case C‑45/13 Kainz v Pantherwerke
Reference for a preliminary ruling — Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001 — Liability for a defective product — Product manufactured in one Member State and sold in another Member State — Interpretation of the concept of ‘the place where the harmful event occurred or may occur’ — Place of the event giving rise to the damage
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C‑430/13 Baradics and Others v QBE Insurance and Magyar Állam
Article 99 of the Rules of Procedure of the Court of Justice — Package travel, package holidays and package tours — National legislation laying down minimum percentages for the security that a travel organiser must provide in order to refund, in the event of insolvency, money paid over by consumers
Request for a preliminary ruling from the Fővárosi Ítélőtábla
Language of the case: Hungarian
Case C‑574/13 P(R) France v Commission
Appeal — Order for interim measures — State aid — Decision ordering the recovery of aid — Absence of national compulsory measures for the recovery of the aid — Lack of urgency
Language of the case: French
Case C‑270/12 United Kingdom v Council and Parliament
Regulation (EU) No 236/2012 — Short selling and certain aspects of credit default swaps — Article 28 — Validity — Legal basis — Powers of intervention conferred on the European Securities and Markets Authority in exceptional circumstances
Language of the case: English
Case C‑537/11 Manzi and Compagnia Naviera Orchestra v Capitaneria di Porto
Maritime transport — Directive 1999/32/EC — Marpol Convention 73/78 — Annex VI - Air pollution from ships — Passenger ships operating regular services — Cruise ships — Maximum sulphur content in marine fuels — Validity
Request for a preliminary ruling from the Tribunale di Genova
Language of the case: Italian
Case C‑164/12 DMC v Finanzamt Hamburg-Mitte
Taxation — Corporation tax — Transfer of an interest in a partnership to a capital company — Book value — Value as part of a going concern — Agreement on the prevention of double taxation — Immediate taxation of unrealised capital gains — Different treatment — Restriction on free movement of capital — Preserving the balanced allocation of powers to impose taxes between the Member States — Proportionality
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C‑296/12 Commission v Belgium
Failure of a Member State to fulfil obligations — Freedom to provide services — Free movement of capital — Income tax — Contributions paid to a savings pension — Tax reduction solely in respect of payments to institutions or funds established in that Member State — Coherence of the tax system — Efficacy of fiscal supervision
Language of the case: Dutch
Case C‑355/12 Nintendo and Others v PC Box and 9Net
Directive 2001/29/EC — Copyright and related rights in the information society — Concept of ‘technological measures’ — Protection device — Equipment and protected complementary products — Similar complementary devices, products or components from other undertakings — Exclusion of any interoperability between them — Scope of those technological measures — Relevance
Request for a preliminary ruling from the Tribunale di Milano
Language of the case: Italian
Case C‑371/12 Petillo and Petillo v Unipol
Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC, Directive 84/5/EEC, Directive 90/232/EEC and Directive 2009/103/EEC — Road traffic accident — Non-material damage — Compensation — National provisions establishing methods of calculation specific to road traffic accidents which are less favourable to victims than those provided for under the ordinary rules of civil liability — Compatibility with those directives
Request for a preliminary ruling from the Tribunale di Tivoli
Language of the case: Italian
Case C‑380/12 X v Minister van Financiën
Tariff headings — Decolourising earth — Chapter 25 of the Combined Nomenclature — Tariff heading 2508 — Concept of ‘washed products’ — Elimination of impurities without changing the structure of the product — Chapter 38 of the Combined Nomenclature — Tariff heading 3802
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑558/12 P :
Appeal — Community trade mark — Word mark WESTERN GOLD — Opposition by the proprietor of the national, international and Community word marks WeserGold, Wesergold and WESERGOLD
Language of the case: German
Case C‑285/12 Diakite v Commissaire général aux réfugiés et aux apatrides
Directive 2004/83/EC — Minimum standards for granting refugee status or subsidiary protection status — Person eligible for subsidiary protection — Article 15(c) — Serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of armed conflict — ‘Internal armed conflict’ — Interpretation independent of international humanitarian law — Criteria for assessment
Request for a preliminary ruling from the Conseil d’État (Belgium)
Language of the case: French
Case C‑422/12 P Industrias Alen v OHIM
Appeal — Article 181 of the Rules of Procedure — Community trade mark — Opposition proceedings — Application for Community word mark CLORALEX — Earlier national word mark CLOROX — Likelihood of confusion — Regulation (EC) No 207/2009 — Article 8(1)(b) — Cross-appeal — Article 176 of the Rules of Procedure — Requirement to introduce the cross-appeal by a separate document
Language of the case: Spanish
Case C‑122/13 C v Presidenza del Consiglio dei Ministri
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2004/80/EC — Article 12 — Compensation of victims of violent intentional crime — Purely internal situation — Clear lack of jurisdiction of the Court
Request for a preliminary ruling from the Tribunale ordinario di Firenze
Language of the case: Italian
Information (on unpublished decisions)
Joined Cases C‑614/12 and C‑10/13 Dutka and Sajtos v Mezőgazdasági és Vidékfejlesztési Hivatal and Budapest Főváros VI. Ker. Önkormányzata
Reference for a preliminary ruling — Article 30 of the Charter of Fundamental Rights of the European Union — Implementation of EU law — Absence — Clear lack of jurisdiction of the Court
Case C‑193/13 P nfon v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Figurative mark including the word element ‘nfon’ — Opposition by the proprietor of Community figurative mark including the word element ‘fon’ and of the national word mark FON — Rejection of the opposition by the Board of Appeal of OHIM
Case C‑332/13 Weigl v Nemzeti Innovációs Hivatal
Reference for a preliminary ruling — Article 30 of the Charter of Fundamental Rights of the European Union — No implementation of EU law — Court manifestly lacking jurisdiction
Case C‑397/13 P Gbagbo v Council
Appeal — Time-limit — Formal requirements — Manifest inadmissibility
Cases C‑553/10 P-DEP and C‑554/10 P-DEP Éditions Odile Jacob v Commission and Others
Taxation of costs
Case C‑25/13 France Telecom España v Organismo de Gestión Tributaria de la Diputación de Barcelona
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/20/EC — Fee for the private use or the special right of use for the area under and on local public land imposed on operators supplying electronic communications services — Article 99 of the Rules of Procedure of the Court — Answer able clearly to be deduced from the case-law
Case C‑324/13 P Fercal v OHIM
Appeal — Community trade mark — Word mark PATRICIA ROCHA — Opposition by the proprietor of the national word mark ROCHAS — Refusal to register by the Opposition Division of OHIM — Inadmissibility of the action brought before the Board of Appeal of OHIM
Case C‑372/13 Warner-Lambert and Pfizer v SiegerPharma
Article 99 of the Rules of Procedure of the Court — Questions referred for a preliminary ruling which are identical to questions on which the Court has already made a ruling — Agreement on Trade-Related Aspects of International Property Rights (TRIPs) — Article 27 — Patentable Subject Matter — Article 70 — Protection of Existing Subject Matter
Case C‑462/13 Warner-Lambert and Pfizer v Minerva Farmakeftiki
Article 99 of the Rules of Procedure of the Court of Justice — Questions referred for a preliminary ruling identical to questions on which the Court has already ruled — Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) — Article 27 — Patentable Subject Matter — Article 70 — Protection of Existing Subject Matter
February 2014
Case C‑385/12 Hervis Sport- és Divatkereskedelmi v Nemzeti Adó- és Vámhivatal Közép-dunántúli Regionális Adó Főigazgatósága
Reference for a preliminary ruling — Direct taxation — Freedom of establishment — National tax legislation establishing an exceptional tax on the turnover of store retail trade — Retail store chains — Existence of a discriminatory effect — Indirect discrimination
Request for a preliminary ruling from the Székesfehérvári Törvényszék
Language of the case: Hungarian
Case C‑65/12 Leidseplein Beheer and de Vries v Red Bull and Red Bull Nederland
Reference for a preliminary ruling — Trade marks — Directive 89/104/EEC — Rights conferred by a trade mark — Trade mark with a reputation — Protection extended to non-similar goods or services — Use by a third party, without due cause, of a sign identical with or similar to the trade mark with a reputation — Definition of ‘due cause’
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑323/12 E. ON Global Commodities v Agenţia Naţională de Administrare Fiscală and Direcţia Generală a Finanţelor Publice a Municipiului București
Directive 79/1072/EEC — Common system of value added tax — Taxable persons residing in another Member State — Rules for refund of VAT — Taxable persons designating a tax representative in accordance with provisions of national law preceding accession to the European Union — Precluded — Meaning of ‘taxable person not established in the territory of the country’ — Condition of not being established — Condition of no supply of goods or services — Supplies of electricity to taxable dealers — Directive 2006/112/EC — Article 171
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C‑424/12 Fatorie v Direcţia Generală a Finanţelor Publice Bihor
Request for a preliminary ruling — VAT — Directive 2006/112/EC — Reverse charge procedure — Right to deduct — Payment of the tax to the service supplier — Omission of mandatory particulars — Payment of VAT not due — Loss of the right to deduct — Principle of fiscal neutrality — Principle of legal certainty
Request for a preliminary ruling from the Curtea de Apel Oradea
Language of the case: Romanian
Case C‑509/12 Navileme and Nautizende
Reference for a preliminary ruling — Article 52 and Article 56 TFEU — Freedom to provide services — Grant of a recreational boating licence — Condition of residency in the issuing country — Restriction for non-residents — Maintaining maritime safety — Public policy
Request for a preliminary ruling from the Tribunal Central Administrativo Norte
Language of the case: Portuguese
Case C‑528/12 Mömax Logistik v Bundesamt für Justiz
Reference for a preliminary ruling — Company law — Directive 78/660/EEC — Publication of consolidated annual accounts of certain types of company — Application of the rules on the publication of accounts to companies governed by the law of one Member State and forming part of a group whose parent company is governed by the law of another Member State
Request for a preliminary ruling from the Landgericht Bonn
Language of the case: German
Case C‑613/12 Helm Düngemittel v Hauptzollamt Krefeld
Reference for a preliminary ruling — Customs union and Common Customs Tariff — Euro-Mediterranean Agreement with Egypt — Article 20 of Protocol 4 — Proof of origin — Movement certificate EUR.1 — Replacement movement certificate EUR.1 issued at a time when the goods were no longer under the control of the issuing customs authority — Refusal to apply preferential treatment
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C‑2/13 Directeur général des douanes et droits indirects and Chef de l'agence de la direction nationale du renseignement et des enquêtes douanières v Humeau Beaupréau
Common Customs Tariff — Tariff classification — Combined Nomenclature — Chapter 64 — Import of components required for the manufacture of sports footwear — Heading 6404 — Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials — Heading 6406 — Parts of footwear — General Rule 2(a) for the Interpretation of the Combined Nomenclature — Incomplete or unfinished article having the ‘essential character of the complete or finished article’ — Article ‘presented unassembled or disassembled’ — Explanatory Note for the interpretation of the Harmonised System — Assembly operations and not ‘working operations for completion into the finished state’
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C‑28/13 P Thesing and Bloomberg Finance v ECB
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Article 169(2) of the Rules of Procedure of the Court of Justice — Content required in the application initiating an appeal
Language of the case: English
Case C‑98/13 Blomqvist v Rolex and Manufacture des Montres Rolex
Reference for a preliminary ruling — Regulation No 1383/2003 — Measures to prevent counterfeit or pirated goods being placed on the market — Article 2 — Scope of the Regulation — Private sale by internet of a counterfeit watch from a non-member country to an individual residing in a Member State — Seizure of the watch by the customs authorities on entry into the territory of the Member State — Lawfulness of seizure — Conditions — Conditions relating to infringement of intellectual property rights — Directive 2001/29/EC — Article 4 — Distribution to the public — Directive 2008/95/EC — Article 5 — Regulation (EC) No 207/2009 — Article 9 — Use in the course of trade
Request for a preliminary ruling from the Højesteret
Language of the case: Danish
Joined Cases C‑512/11 and C‑513/11 TSN and YTN v Terveyspalvelualan Liitto and Others
Social policy — Directive 92/85/EEC — Protection of the safety and health of workers — Pregnant workers and workers who have recently given birth or are breastfeeding — Maternity leave − Maintenance of payment and/or entitlement to an adequate allowance − Directive 96/34/EC − Framework Agreement on parental leave − Individual right to parental leave on the grounds of the birth or adoption of a child − Working and remuneration conditions − National collective agreement — Female workers having taken maternity leave after interruption of a period of unpaid parental leave — Refusal to pay a salary during the maternity leave
Requests for a preliminary ruling from the työtuomioistuin
Language of the case: Finnish
Case C‑530/11 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Public participation in decision-making and access to justice in environmental matters — Concept of ‘not prohibitively expensive’ judicial proceedings
Language of the case: English
Joined Cases C‑162/12 and C‑163/12 Airport Shuttle Express and Others v Comune di Grottaferrata
References for a preliminary ruling — Articles 49 TFEU, 101 TFEU and 102 TFEU — Regulation (EEC) No 2454/92 — Regulation (EC) No 12/98 — Car and driver hire services — National and regional legislation — Authorisation issued by municipalities — Conditions — Purely internal situations — Jurisdiction of the Court — Whether the requests are admissible
Requests for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio
Language of the case: Italian
Case C‑367/12 Sokoll-Seebacher v Hemetsberger, successor to Susanna Zehetner
Freedom of establishment — Public health — Article 49 TFEU — Pharmacies — Adequate supply of medicinal products to the public — Operating authorisation — Territorial distribution of pharmacies — Establishment of limits essentially based on a demographic criterion — Minimum distance between pharmacies
Request for a preliminary ruling from the Unabhängiger Verwaltungssenat des Landes Oberösterreich
Language of the case: German
Joined Cases C‑419/12 and C‑420/12 Crono Service and Others v Roma Capitale and Regione Lazio
References for a preliminary ruling — Articles 49 TFEU, 101 TFEU and 102 TFEU — Car and driver hire services — Purely internal situation — Jurisdiction of the Court — Conditions for admissibility
Requests for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio
Language of the case: Italian
Case C‑466/12 Svensson and Others v Retriever Sverige
Reference for a preliminary ruling — Approximation of laws — Copyright and related rights — Directive 2001/29/EC — Information society — Harmonisation of certain aspects of copyright and related rights — Article 3(1) — Communication to the public — Meaning — Internet links (‘clickable links’) giving access to protected works
Request for a preliminary ruling from the Svea hovrätt
Language of the case: Swedish
Case C‑479/12 H. Gautzsch Großhandel v Münchener Boulevard Möbel Joseph Duna
Reference for a preliminary ruling — Intellectual property — Community designs — Regulation (EC) No 6/2002 — Articles 7(1), 11(2), 19(2), 88 and 89(1)(a) and (d) — Unregistered Community design — Protection — Making available to the public — Novelty — Action for infringement — Burden of proof — Extinction of rights over time — Time-barring — Applicable law
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑18/13 Maks Pen v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika Sofia (anciennement Direktor na Direktsia)
Taxation — Common system of value added tax — Directive 2006/112/EC — Deduction of input tax — Supplies made — Tax inspection — Supplier not having the necessary resources — Concept of tax evasion — Obligation to make a finding of tax evasion of the court’s own motion — Requirement that the service actually be supplied — Requirement to keep accounts in sufficient detail — Legal proceedings — National court prohibited from classifying the tax evasion as a criminal offence and adversely affecting the applicant’s situation
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C‑31/13 P Hungary v Commission
Appeal — Protected geographical indications — Regulation (EC) No 1234/2007 — Register of protected designations of origin and protected geographical indications for wine — E-Bacchus database — Tokaj
Language of the case: Hungarian
Case C‑69/13 Mediaset v Ministero dello Sviluppo economico
Reference for a preliminary ruling — State aid — Subsidised purchase or renting of digital decoders — Commission decision declaring an aid scheme unlawful and incompatible with the internal market — Recovery — Quantification of the amount to be recovered — Role of the national court — Taking into consideration by the national court of the positions of the Commission in the enforcement of its decision — Principle of cooperation in good faith
Request for a preliminary ruling from the Tribunale civile di Roma
Language of the case: Italian
Case C‑555/13 Merck Canada v Accord Healthcare and Others
Reference for a preliminary ruling — ‘Court or tribunal’ for the purposes of Article 267 TFEU — Tribunal Arbitral necessário — Admissibility — Regulation (EC) No 469/2009 — Article 13 — Supplementary protection certificate for medicinal products — Period of validity of a certificate — Maximum period of exclusivity
Request for a preliminary ruling from the Tribunal Arbitral necessário
Language of the case: Portuguese
Case C-656/11 United Kingdom v Council
Coordination of social security systems — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Council decision — Choice of legal basis — Article 48 TFEU — Article 79(2)(b) TFEU
Language of the case: English
Case C‑82/12 Transportes Jordi Besora v Tribunal Económico Administrativo Regional de Cataluña and Generalitat de Catalunya
Indirect taxes — Excise duties — Directive 92/12/EEC — Article 3(2) — Mineral oils — Tax on retail sales — Concept of ‘specific purpose’ — Transfer of powers to the Autonomous Communities — Financing — Predetermined allocation — Health-care and environmental expenditure
Request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña
Language of the case: Spanish
Case C‑132/12 P Stichting Woonpunt and Others v Commission
Appeal — State aid — Schemes for aid granted in favour of housing corporations — Compatibility decision — Commitments provided by the national authorities in order to comply with EU law — Fourth paragraph of Article 263 TFEU — Action for annulment — Conditions governing admissibility — Interest in bringing proceedings — Locus standi — Beneficiaries who are individually and directly concerned — Notion of a ‘closed circle’
Language of the case: Dutch
Case C‑133/12 P Stichting Woonlinie and Others v Commission
Appeal — State aid — Scheme for aid granted in favour of housing corporations — Compatibility decision — Commitments provided by the national authorities in order to comply with EU law — Fourth paragraph of Article 263 TFEU — Action for annulment — Conditions governing admissibility — Interest in bringing proceedings — Locus standi — Beneficiaries who are individually and directly concerned — Notion of a ‘closed circle’
Language of the case: Dutch
Case C‑351/12 OSA v Léčebné lázně Mariánské Lázně
Directive 2001/29/EC — Copyright and related rights in the information society — Definition of ‘communication to the public’ — Transmission of works in a spa establishment — Direct effect of the provisions of the directive — Articles 56 TFEU and 102 TFEU — Directive 2006/123/EC — Freedom to provide services — Competition — Exclusive right of collective management of copyright
Request for a preliminary ruling from the Krajský soud v Plzni
Language of the case: Czech
Case C‑365/12 P Commission v EnBW Energie Baden-Württemberg
Appeal — Regulation (EC) No 1049/2001 — Access to documents of the institutions — Documents relating to a proceeding under Article 81 EC — Regulation (EC) No 1/2003 and Regulation (EC) No 773/2004 — Access refused — Exceptions relating to the protection of investigations, commercial interests and the decision-making process of the institutions — Obligation upon the institution concerned to carry out a specific, individual examination of the content of the documents covered by the request for access
Language of the case: German
Case C‑396/12 van der Ham and van der Ham-Reijersen van Buuren v College van Gedeputeerde Staten van Zuid-Holland
Common agricultural policy — Financing by the EAFRD — Support for rural development — Reduction or discontinuance of payments in the event of non-compliance with the rules on cross-compliance — Concept of intentional non-compliance
Request for a preliminary ruling from the Raad van State (Netherlands)
Language of the case: Dutch
Joined Cases C‑454/12 and C‑455/12 Pro Med Logistik and Pongratz v Finanzamt Dresden-Süd and Finanzamt Würzburg
References for a preliminary ruling — VAT — Sixth VAT Directive — Article 12(3) — Annex H, category 5 — Directive 2006/112/EC — Article 98(1) and (2) — Annex III, point 5 — Principle of neutrality — Transport of passengers and their accompanying luggage — Legislation of a Member State applying different rates of VAT to transport by taxi and to transport by minicab
Requests for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑470/12 Pohotovosť v Vašuta
Reference for a preliminary ruling — Consumer credit contract — Unfair terms — Directive 93/13/EEC — Enforcement of an arbitration award — Application for leave to intervene in enforcement proceedings — Consumer protection association — National legislation which does not allow such an intervention — Procedural autonomy of the Member States
Request for a preliminary ruling from the Okresný súd Svidník
Language of the case: Slovak
Case C‑571/12 Greencarrier Freight Services Latvia v Valsts ieņēmumu dienests
Reference for a preliminary ruling — Community Customs Code — Articles 70(1) and 78 — Customs declarations — Partial examination of goods — Sampling — Incorrect code — Application of the results to identical goods covered by earlier customs declarations after release — Post-release examination — Impossible to request a further examination of the goods
Request for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
Case C‑588/12 Lyreco Belgium v Rogiers
Social policy — Directive 96/34/EC — Framework agreement on parental leave — Clauses 1 and 2.4 — Part-time parental leave — Dismissal of a worker without compelling or sufficient reason — Fixed-sum protective award on account of the taking of parental leave — Method of calculating the amount of award
Request for a preliminary ruling from the arbeidshof te Antwerpen
Language of the case: Dutch
Case C‑1/13 Cartier parfums-lunettes and Axa Corporate Solutions assurances v Ziegler France and Others
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 27(2) — Lis pendens — Article 24 — Prorogation of jurisdiction — Establishment of jurisdiction of the court first seised by reason of appearance being entered without objection by the parties or the adoption of a final judgment
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C‑32/13 Würker v Familienkasse Nürnberg
Social security — Regulation (EEC) No 1408/71 — Family allowances — Articles 77 and 78 — Benefits for dependent children of pensioners and for orphans — Regulation (EC) No 883/2004 — Family benefits — Article 67 — Family members residing in another Member State — Concept of ‘pension’ — Recipient of a pension granted, pursuant to German legislation, for bringing up children following the death of the person from whom that recipient was divorced (‘Erziehungsrente’)
Reference for a preliminary ruling from the Sozialgericht Nürnberg
Language of the case: German
Case C‑79/13 Fedasil v Saciri and Others
Directive 2003/9/EC — Minimum standards for the reception of asylum seekers in the Member States — Article 13(1) — Time-limits for material reception conditions — Article 13(2) — Provisions on material reception conditions — Guarantees — Article 13(5) — Setting and grant of minimum reception conditions for asylum seekers — Size of the aid granted — Article 14 — Modalities for material reception conditions — Saturation of the reception facilities — Referral to national social protection systems — Provision of the material reception conditions in the form of financial allowances
Request for a preliminary ruling from the Arbeidshof te Brussel
Language of the case: Dutch
Case C‑110/13 HaTeFo v Finanzamt Haldensleben
Reference for a preliminary ruling — Company law — Recommendation 2003/361/EC — Definition of micro, small and medium-sized enterprises — Types of enterprises taken into consideration in calculating staff numbers and financial amounts — Linked enterprises — Notion of ‘group of natural persons acting jointly’
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Information (on unpublished decisions)
Joined Cases C‑97/13 and C‑214/13 Câmpean and Ciocoiu
Reference for a preliminary ruling — Internal taxation — Article 110 TFEU — Pollution tax charged on first registration of motor vehicles — Neutrality of tax between imported second-hand motor vehicles and similar vehicles already on the domestic market
Case C‑33/13 Jagiello v Dyrektor Izby Skarbowej w Łodzi
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Taxation — VAT — Sixth Directive — Right of deduction — Refusal — Invoice issued by a company acting as a front
Case C‑223/13 Netherlands v Commission
Action for annulment — Regulation (EU) No 93/2013 — Referral to the General Court of the European Union
Case C‑301/13 P El Corte Inglés v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) –Word mark CLUB GOURMET and CLUB DEL GOURMET — Rejection of the opposition — Rules of Procedure of the Court of Justice — Article 181 — Appeal clearly inadmissible in part and clearly unfounded in part
Case C‑152/12 Commission v Bulgaria
Failure of a Member State to fulfil obligations — Transport — Directive 2001/14/EC — Development of the Union’s railways — Charging scheme for access to railway infrastructure — Articles 7(3) and 8(1) — Possibility of levying a mark-up on charges — Costs directly incurred as a result of operating the train service
Case C‑596/12 Commission v Italy
Failure of a Member State to fulfil obligations — Collective redundancies — Concept of ‘workers’ — Exclusion of ‘dirigenti’ — Directive 98/59/EC — Article 1(1) and (2) — Infringement
Case C‑139/13 Commission v Belgium
Failure of a Member State to fulfil obligations — Area of freedom, security and justice — Standards for security features and biometrics in passports and travel documents issued by Member States — Regulation (EC) No 2252/2004 — Biometric passport — Inclusion of digital fingerprints — Failure to implement — Failure to issue within the prescribed periods
Case C‑177/13 P Marszałkowski v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Application for Community figurative mark with the word elements ‘Walichnowy’ and ‘Marko’ — Opposition by the proprietor of the Community word MAR-KO — Relative ground for refusal — Likelihood of confusion
Case C‑601/12 P Ningbo Yonghong Fasteners v Council
Appeal — Dumping — Regulation (EC) No 384/96 — Second subparagraph of Article 2(7)(c) — Imports of certain iron or steel fasteners originating in China — Market economy treatment — Time-limit for adoption of the related decision exceeded — Effect
Case C‑181/13 Acanfora v Equitalia Sud and Agenzia delle Entrate — Ufficio di Latina
Reference for a preliminary ruling — Article 107 TFEU — ‘State aid’ — National legislation which, in the event that tax is not paid, obliges the taxable person to pay the tax collection agency an amount equal to 9% of the sums entered in the tax roll as remuneration for tax collection activities — Description of the factual context — Lack of description — Manifestly inadmissible
March 2014
Case C‑409/12 Backaldrin Österreich The Kornspitz Company v Pfahnl Backmittel
Trade marks — Directive 2008/95/EC — Article 12(2)(a) — Revocation — Trade mark which, in consequence of acts or inactivity of the proprietor, has become the common name in the trade for a product or service in respect of which it is registered — Perception of the word sign ‘KORNSPITZ’ by sellers, on the one hand, and by end users, on the other — Loss of distinctive character from the point of view of end users only
Request for a preliminary ruling from the Oberster Patent- und Markensenat
Language of the case: German
Case C‑458/12 Amatori and Others v Telecom Italia and Telecom Italia Information Technology
Reference for a preliminary ruling — Social policy — Transfer of undertakings — Safeguarding of employees’ rights — Directive 2001/23/EC — Transfer of employment relationships in the event of a legal transfer of part of a business that cannot be identified as a pre-existing autonomous economic entity
Request for a preliminary ruling from the Tribunale di Trento
Language of the case: Italian
Case C‑595/12 Napoli v Ministero della Giustizia
Reference for a preliminary ruling — Social policy — Directive 2006/54/EC — Equal treatment of men and women in matters of employment and occupation — Training course for acquiring the status of a public official — Exclusion on grounds of a prolonged absence — Absence attributable to maternity leave
Request for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio
Language of the case: Italian
Joined Cases C‑606/12 and C‑607/12 Dresser-Rand v Agenzia Entrate-Ufficio Controlli
Reference for a preliminary ruling — Taxation — VAT — Directive 2006/112/EC — Article 17(2)(f) — Condition relating to the return of goods to the Member State from which they were initially dispatched or transported
Requests for a preliminary ruling from the Commissione tributaria provinciale di Genova
Language of the case: Italian
Case C‑206/13 Siragusa v Regione Sicilia
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — General principles of EU law — Implementation of EU law — Scope of EU law — A sufficient connection — Lack of such a connection — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Tribunale amministrativo regionale per la Sicilia
Language of the case: Italian
Case C‑456/12 Minister voor Immigratie, Integratie en Asiel and O. v B.
Directive 2004/38/EC — Article 21(1) TFEU — Right to move and reside freely within the territory of the Member States — Beneficiaries — Right of residence of a third-country national who is a family member of a Union citizen in the Member State of which that citizen is a national — Return of the Union citizen to that Member State after short periods of residence spent in another Member State
Request for a preliminary ruling from the Raad van State (Netherlands)
Language of the case: Dutch
Case C‑457/12 S. and Minister voor Immigratie, Integratie en Asiel v G.
Articles 20 TFEU, 21(1) TFEU and 45 TFEU — Directive 2004/38/EC — Right to move and reside freely within the territory of the Member States — Beneficiaries — Right of residence of a third-country national who is a family member of a Union citizen in the Member State of which that citizen is a national — Union citizen residing in the Member State of which he is a national — Professional activities — Regular travel to another Member State
Request for a preliminary ruling from the Raad van State (Netherlands)
Language of the case: Dutch
Case C‑222/12 A. Karuse v Politsei- ja Piirivalveamet
Road transport — Regulation (EC) No 561/2006 — Obligation to use a tachograph — Derogation for vehicles used in connection with road maintenance — Vehicle transporting gravel from the loading site to the road maintenance works site
Request for a preliminary ruling from the Tartu ringkonnakohus
Language of the case: Estonian
Case C‑366/12 Finanzamt Dortmund-West v Klinikum Dortmund
Reference for a preliminary ruling — Sixth VAT Directive — Exemptions — Article 13A(1)(b) — Supply of goods — Supply of cytostatic drugs for the treatment of outpatients — Services provided by different taxable persons — Article 13A(1)(c) — Provision of medical care — Drugs prescribed by a doctor working in an independent capacity in a hospital — Closely related activities — Services ancillary to the provision of medical care — Activities physically and economically indissociable
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑375/12 Bouanich v Directeur des services fiscaux de la Drôme
Reference for a preliminary ruling — Article 63 TFEU — Free movement of capital — Article 49 TFEU — Freedom of establishment — Tax on income of natural persons — Mechanism capping direct taxes by reference to income — Bilateral tax agreement for avoidance of double taxation — Taxation of dividends distributed by a company established in another Member State and already subject to a withholding tax — Failure to take into account or partial taking into account of the tax paid in the other Member State for the calculation of the tax cap — Article 65 TFEU — Restriction — Justification
Request for a preliminary ruling from the tribunal administratif de Grenoble
Language of the case: French
Case C‑464/12 ATP PensionService v Skatteministeriet
Sixth VAT Directive — Exemptions — Article 13B(d)(3) and (6) — Special investment funds — Occupational pension schemes — Management — Transactions concerning deposit and current accounts, payments or transfers
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C‑512/12 Octapharma France v ANSM and Ministère des Affaires sociales et de la Santé
Approximation of laws — Directive 2001/83/EC — Directive 2002/98/EC — Scope — Labile blood product — Plasma prepared by means of an industrial process — Simultaneous or exclusive application of the directives — Option for a Member State to provide for a more rigorous regime for plasma than for medicinal products
Request for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
Case C‑548/12 Brogsitter v Fabrication de Montres Normandes and Fräßdorf
Area of freedom, security and justice — Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001 — Special jurisdiction — Article 5(1) and (3) — Civil liability claim — Tortious or contractual nature
Request for a preliminary ruling from the Landgericht Krefeld
Language of the case: German
Case C‑599/12 Jetair and BTWE Travel4you v FOD Financiën
VAT — Special scheme for travel agents — Transactions carried out outside the European Union — Sixth Council Directive 77/388/EEC — Article 28(3) — Directive 2006/112/EC — Article 370 — ‘Standstill’ clauses — Amendment of national legislation during the transposition period
Request for a preliminary ruling from the Rechtbank van eerste aanleg te Brugge
Language of the case: Dutch
Joined Cases C‑29/13 and C‑30/13 Global Trans Lodzhistik v Nachalnik na Mitnitsa Stolichna
Reference for a preliminary ruling — Community Customs Code — Articles 243 and 245 — Regulation (EEC) No 2454/93 — Article 181a — Decision amenable to review — Admissibility of legal proceedings where a prior administrative complaint has not been made — Principle of respect for the rights of the defence
Requests for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C‑38/13 Nierodzik v Samodzielny Publiczny Psychiatryczny Zakład Opieki Zdrowotnej
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Concept of ‘employment conditions’ — Notice period for the termination of a fixed-term employment contract — Difference in treatment between workers on contracts of indefinite duration
Request for a preliminary ruling from the Sąd Rejonowy w Białymstoku
Language of the case: Polish
Case C‑52/13 Posteshop v Autorità Garante della Concorrenza e del mercato and Presidenza del Consiglio dei Ministri
Reference for a preliminary ruling — Directive 2006/114/EC — Concepts of ‘misleading advertising’ and ‘comparative advertising’ — National legislation providing that misleading advertising and unlawful comparative advertising are two separate unlawful acts
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑107/13 FIRIN v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Common system of value added tax — Deduction of input tax paid — Payments made on account — Refusal to allow the deduction — Fraud — Adjustment of the deduction in the case where the taxable transaction is not carried out — Conditions
Request for a preliminary ruling from the Administrativen sad Veliko Tarnovo
Language of the case: Bulgarian
Case C‑132/13 Zentrale zur Bekämpfung unlauteren Wettbewerbs v ILME
Reference for a preliminary ruling — Approximation of laws — Directive 2006/95/EC — Definition of ‘electrical equipment’– CE conformity marking — Housing for multipole electrical connectors
Request for a preliminary ruling from the Landgericht Köln
Language of the case: German
Case C‑155/13 SICES and Others v Agenzia Dogane Ufficio delle Dogane di Venezia
Agriculture — Regulation (EC) No 341/2007 — Article 6(4) — Tariff quotas — Garlic of Chinese origin — Import licences — Non-transferable nature of rights deriving from certain import licences — Circumvention — Abuse of rights
Request for a preliminary ruling from the Commissione tributaria regionale di Venezia-Mestre
Language of the case: Italian
Case C‑190/13 Márquez Samohano v Universitat Pompeu Fabra
Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Universities — Associate lecturers — Successive fixed-term employment contracts — Clause 5(1) — Measures to prevent the abusive use of fixed-term contracts — Concept of ‘objective reasons’ justifying such contracts — Clause 3 — Concept of ‘employment contract of indefinite duration’ — Penalties — Right to compensation — Difference in treatment between permanent workers
Request for a preliminary ruling from the Juzgado de lo Social No 3 de Barcelona
Language of the case: Spanish
Case C‑204/13 Finanzamt Saarlouis v Malburg
Taxation — Value added tax — Origin and scope of the right of deduction — Dissolution of a partnership by a partner — Acquisition of a portion of the client base of that partnership — Contribution in kind to another partnership — Payment of input tax — Whether deduction possible
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑628/11 International Jet Management
Reference for a preliminary ruling — Article 18 TFEU — Prohibition of any discrimination on the ground of nationality — Commercial flights from a third State to a Member State — Legislation of a Member State providing that European Union air carriers not having an operating licence issued by that State must obtain an authorisation for each flight from a third State
Request for a preliminary ruling from the Oberlandesgericht Braunschweig
Language of the case: German
Case C‑167/12 D.
Reference for a preliminary ruling — Social policy — Directive 92/85/EEC − Measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding — Article 8 — Commissioning mother who has had a baby through a surrogacy arrangement — Refusal to grant her maternity leave — Directive 2006/54/EC — Equal treatment of male and female workers — Article 14 — Less favourable treatment of a commissioning mother as regards the grant of maternity leave
Request for a preliminary ruling from the Employment Tribunal Newcastle upon Tyne
Language of the case: English
Case C‑363/12 Z. v A Government Department and the Board of management of a community school
Reference for a preliminary ruling — Social policy — Directive 2006/54/EC — Equal treatment of male and female workers — Commissioning mother who has had a baby through a surrogacy arrangement — Refusal to grant her paid leave equivalent to maternity leave or adoptive leave — United Nations Convention on the Rights of Persons with Disabilities − Directive 2000/78/EC — Equal treatment in employment and occupation — Prohibition of any discrimination on the ground of disability — Commissioning mother unable to bear a child — Existence of a disability — Validity of Directives 2006/54 and 2000/78
Request for a preliminary ruling from the Equality Tribunal
Language of the case: English
Case C‑427/12 Commission v Parliament and Council
Action for annulment — Choice of legal basis — Articles 290 TFEU and 291 TFEU — Delegated act and implementing act — Regulation (EU) No 528/2012 — Article 80(1) — Biocidal products — European Chemicals Agency — Setting of fees by the Commission
Language of the case: French
Case C‑639/11 Commission v Poland
Failure of a Member State to fulfil obligations — Registration of motor vehicles — Articles 34 TFEU and 36 TFEU — Directive 70/311/EEC — Directive 2007/46/EC — Driving on the right in a Member State — Obligation, for the purpose of registration, to reposition to the left-hand side the steering equipment of passenger vehicles positioned on the right-hand side
Language of the case: Polish
Case C‑61/12 Commission v Lithuania
Failure of a Member State to fulfil obligations — Registration of motor vehicles — Articles 34 TFEU and 36 TFEU — Directive 70/311/EEC — Directive 2007/46/EC — Driving on the right in a Member State — Obligation, for the purpose of registration, to reposition to the left-hand side the steering equipment of passenger vehicles positioned on the right-hand side
Language of the case: Lithuanian
Case C‑139/12 Caixa d'Estalvis i Pensions de Barcelona v Generalidad de Cataluña
Reference for a preliminary ruling — Sixth VAT Directive — Exemptions — Transactions concerning the sale of shares and involving the transfer of interests in immoveable property — Imposition of an indirect tax distinct from VAT — Articles 49 TFEU and 63 TFEU — Purely internal situation
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C‑314/12 UPC Telekabel Wien v Constantin Film Verleih and Wega Filmproduktionsgesellschaft
Reference for a preliminary ruling — Approximation of laws — Copyright and related rights — Information society — Directive 2001/29/EC — Website making cinematographic works available to the public without the consent of the holders of a right related to copyright — Article 8(3) — Concept of ‘intermediaries whose services are used by a third party to infringe a copyright or related right’ — Internet service provider — Order addressed to an internet service provider prohibiting it from giving its customers access to a website — Balancing of fundamental rights
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C‑530/12 P OHIM v National Lottery Commission
Appeals — Community trade mark — Regulation (EC) No 40/94 — Article 52(2)(c) — Application for a declaration of invalidity based on an earlier copyright under national law — Application by OHIM of national law — Role of the European Union judicature
Language of the case: English
Case C‑565/12 LCL Le Crédit Lyonnais v Kalhan
Consumer protection — Credit agreements for consumers — Directive 2008/48/EC — Articles 8 and 23 — Creditor’s obligation to assess the borrower’s creditworthiness prior to conclusion of the agreement — National provision imposing the obligation to consult a database — Forfeiture of entitlement to contractual interest in the event of failure to comply with that obligation — Effective, proportionate and dissuasive nature of the penalty
Request for a preliminary ruling from the tribunal d’instance d’Orléans
Language of the case: French
Case C‑612/12 P Ballast Nedam v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Setting of the gross price for road pavement bitumen — Setting of a rebate for road builders — Regulation (EC) No 1/2003 — Article 27 — Rights of the defence — Reduction of the fine
Language of the case: Dutch
Case C‑17/13 Alpina River Cruises and Nicko Tours v Ministero delle infrastrutture e dei trasporti — Capitaneria di Porto di Chioggia
Maritime transport — Regulation (EEC) No 3577/92 — Concept of ‘maritime cabotage’ — Cruise services — Cruise crossing the Venetian lagoon, Italian territorial sea and the river Po — Departure from and arrival at the same port
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑151/13 Le Rayon d'Or v Ministre de l'Économie et des Finances
Reference for a preliminary ruling — Taxation — VAT — Scope — Determination of the taxable amount — Concept of ‘subsidy directly linked to the price’ — Payment of a lump sum by the national sickness insurance fund to residential care homes for the elderly
Request for a preliminary ruling from the cour administrative d’appel de Versailles
Language of the case: French
Case C‑265/13 Torralbo Marcos v Korota and Fondo de Garantía Salarial
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Article 47 — Right to an effective remedy — Judicial fees and deposits required for lodging appeals in employment law cases — Failure to implement EU law — Scope of EU law — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Juzgado de lo Social No 2 de Terrassa
Language of the case: Spanish
Case C‑322/13 Grauel Rüffer
Citizenship of the Union — Principle of non-discrimination — Language rules applicable to civil proceedings
Request for a preliminary ruling from the Landesgericht Bozen
Language of the case: German
Information (on unpublished decisions)
Case C‑248/12 P Northern Ireland Department of Agriculture and Rural Development v Commission
Appeal — EAGGF, EAGF and EAFRD — Expenditure excluded from European Union financing — Admissibility of the action for annulment — Situation of the appellant not directly affected by the contested decision
Joined Cases C‑337/12 P to C‑340/12 P Pi-Design and Others and OHIM v Yoshida Metal Industry
Appeals — Community trade mark — Registration of signs consisting of a surface with black dots — Declaration of invalidity — Regulation (EC) No 40/94 — Article 7(1)(e)(ii) — Distortion of the evidence
Case C‑510/12 Bloomsbury v Belgische Staat
Article 99 of the Rules of Procedure — Fourth Directive 78/660/EEC — Article 2(3) — Principle of a true and fair view –Article 2(4) — Obligation to inform — Article 2(5) — Obligation to depart from the principle of a true and fair view — Article 32 — Valuation method based on historical cost — Acquisition by a company of an asset free of charge
Case C‑550/13 Grimal
Reference for a preliminary ruling — Principle of non-discrimination on grounds of nationality — Driving licences — Citizen of the European Union — Two driving licences issued to the same person by two different Member States — Suspension of a licence — Criminal proceedings — Factual and legislative context of the dispute in the main proceedings — Insufficient information — Grounds justifying the need for an answer to the question referred for a preliminary ruling — Insufficient information — Manifest inadmissibility
Case C‑72/13 Gmina Wrocław v Minister Finansów
VAT — Directive 2006/112/EC — Disposal by a municipality of parts of its assets
Case C‑271/13 P Rousse Industry v Commission
Appeal — State aid — Aid granted by the Republic of Bulgaria in the form of debt write-off — Commission decision declaring that aid incompatible with the internal market and ordering its recovery — Concept of ‘new aid’ — Duty to state reasons
Case C‑142/13 Bright Service v Repsol Comercial de Produtos Petrolíferos
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Agreements, decisions and concerted practices — Article 81 EC — Exclusive purchasing agreement — Exemption — Regulation (EEC) No 1984/83 — Agreement to which the exemption applies — Regulation (EC) No 2790/1999 — Agreement to which the exemption does not apply — Temporal effects of the exemption
Case C‑199/13 P Polyelectrolyte Producers Group and Others v Commission
Appeal — Article 181 of the Rules of Procedure — Regulation (EC) No 1907/2006 (REACH regulation) — Restrictions on the placing on the market and use of acrylamide — Regulation (EU) No 366/2011 amending Annex XVII of Regulation (EC) No 1907/2006
Case C‑300/13 Ayuntamiento de Benferri v Consejería de Infraestructuras y Transporte de la Generalitat Valenciana and Iberdrola Distribución Eléctrica
Reference for a preliminary ruling — Directive 85/337/EEC — Assessment of the effects of certain projects on the environment — Construction of certain overhead electrical power lines — Extension of an electrical substation — Project not made subject to an environmental assessment
Case C‑520/13 Leśniak-Jaworska and Głuchowska-Szmulewicz v Prokuratura Okręgowa w Płocku
Article 53(2) of the Rules of Procedure of the Court — Lack of sufficient information regarding the factual and legislative context of the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling — Manifest inadmissibility
April 2014
Case C‑80/12 Felixstowe Dock and Railway Company and Others v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling — Freedom of establishment — Corporation tax — Tax relief — Groups of companies and consortia — National legislation permitting losses to be transferred between a company belonging to a consortium and a company that is a member of a group which are connected by a ‘link company’ that is a member of both the group and the consortium — Residence condition for the ‘link company’ — Discrimination on the basis of where the corporate seat is located — Ultimate group parent company established in a third State and owning the companies which are seeking to transfer losses through companies established in third States
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Case C‑224/12 P Commission v Netherlands and ING Groep
Appeal — Financial sector — Serious disturbance in the economy of a Member State — State Aid to a banking group — Form — Capital injection as part of a restructuring plan — Decision — Whether the aid is compatible with the common market — Conditions — Amendment to the repayment terms of the aid — Private investor test
Language of the case: Dutch and English
Case C‑301/12 Cascina Tre Pini v Ministero dell'Ambiente e della Tutela del Territorio e del Mare and Others
Reference for a preliminary ruling — Environment — Conservation of natural habitats and of wild fauna and flora — Directive 92/43/EEC — Sites of Community importance — Review of status in the event of pollution or degradation of the environment — National legislation not providing for persons concerned to request such a review — Attribution to the competent national authorities of a discretionary power to undertake of their own motion a review procedure of that status
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑387/12 Hi Hotel HCF v Spoering
Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — International jurisdiction in matters relating to tort, delict or quasi-delict — Act committed in one Member State consisting in participation in an act of tort or delict committed in another Member State — Determination of the place where the harmful event occurred
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑438/12 Weber, I. v Weber, M.
Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 22(1) — Exclusive jurisdiction — Disputes in proceedings which have as their object rights in rem in immovable property — Nature of the right of pre-emption — Article 27(1) — Lis pendens — Concept of proceedings involving the same cause of action and between the same parties — Relationship between Articles 22(1) and 27(1) — Article 28(1) — Related actions — Criteria for assessing whether to stay proceedings
Request for a preliminary ruling from the Oberlandesgericht München
Language of the case: German
Case C‑515/12 ‘4finance’ v Valstybinė vartotojų teisių apsaugos tarnyba and Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Directive 2005/29/EC — Unfair commercial practices — Pyramid promotional scheme — Whether the consideration paid by consumers in order to receive compensation is relevant — Interpretation of the concept of ‘consideration’
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Joined Cases C‑516/12 to C‑518/12 CTP v Regione Campania and Provincia di Napoli
References for a preliminary ruling — Regulation (EC) No 1191/69 — Public passenger transport services — Article 4 — Application for termination of public service obligation — Article 6 — Right to compensation in respect of the financial burdens resulting from the performance of a public service obligation
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑559/12 P France v Commission
Appeal — State aid — Aid in the form of an implied, unlimited guarantee in favour of La Poste as a result of its status as a publicly owned establishment — Existence of the guarantee — Presence of State resources — Advantage — Burden and standard of proof
Language of the case: French
Joined Cases C‑43/13 and C‑44/13 Hauptzollamt Köln v Kronos Titan and Hauptzollamt Krefeld v Rhein-Ruhr Beschichtungs-Service
Directive 2003/96/EC — Taxation of energy products — Products not listed in Directive 2003/96/EC — Meaning of ‘equivalent heating fuel or motor fuel’
Requests for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑153/13 Pohotovosť v Soroka
Reference for a preliminary ruling — Directive 93/13/EEC — Scope ratione temporis — Facts preceding the accession of the Slovak Republic to the European Union — Clear lack of jurisdiction of the Court
Request for a preliminary ruling from the Okresný súd Bardejov
Language of the case: Slovak
Case C‑319/13 Rätzke v S+K Handels
Reference for a preliminary ruling — Energy — Energy labelling of televisions — Delegated Regulation (EU) No 1062/2010 — Responsibilities of dealers — Television supplied to the dealer without the label before the regulation became applicable — Dealer’s obligation to label that television from the date on which the regulation became applicable and to obtain a label subsequently
Request for a preliminary ruling from the Thüringer Oberlandesgericht
Language of the case: German
Case C‑342/13 Sebestyén v Kővári and Others
Consumer protection — Directive 93/13/EEC — Contract for a mortgage loan concluded with a bank — Clause providing for the exclusive competence of a single arbitration tribunal — Information on the arbitration procedure provided by the bank at the conclusion of the contract — Unfair terms — Criteria for assessment
Request for a preliminary ruling from the Szombathelyi Törvényszék
Language of the case: Hungarian
Case C‑288/12 Commission v Hungary
Failure of a Member State to fulfil obligations — Directive 95/46/EC — Protection of individuals with regard to the processing of personal data and the free movement of such data — Article 28(1) — National supervisory authorities — Independence — National legislation prematurely bringing to an end the term served by the supervisory authority — Creation of a new supervisory authority and appointment of another person as head of that authority
Language of the case: Hungarian
Joined Cases C‑293/12 and C‑594/12 Digital Rights Ireland and Others v Minister for Communications, Marine and Natural Resources and Others and Kärntner Landesregierung and Others
Electronic communications — Directive 2006/24/EC — Publicly available electronic communications services or public communications networks services — Retention of data generated or processed in connection with the provision of such services — Validity — Articles 7, 8 and 11 of the Charter of Fundamental Rights of the European Union
Requests for a preliminary ruling from the High Court (Ireland) and the Verfassungsgerichtshof
Languages of the case: English and German
Case C‑78/14 P-R Commission v ANKO
Application for interim measures — Appeals — Application for suspension of operation of a measure — Seventh framework programme for research, technological development and demonstration actions (2007-2013) — Contracts relating to the Oasis and Perform projects — Suspension of payments — Irregularities established in the course of audits of other projects — Orders for payment against the European Commission — Manifest insolvency of the recipient — Prima facie case — Serious and irreparable damage — Urgency — Balancing of interests
Language of the case: Greek
Case C‑616/11 T-Mobile Austria v Verein für Konsumenteninformation
Directive 2007/64/EC — Payment services — Article 4.23 — Concept of payment instrument — Ordering transfers through online banking and by paper transfer order — Article 52(3) — Right of the payee to request from the payer charges for the use of a payment instrument — Power of Member States to lay down a general prohibition — Contract between a mobile phone operator and individuals
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C‑583/12 Sintax Trading v Maksu- ja Tolliamet
Reference for a preliminary ruling — Regulation (EC) No 1383/2003 — Measures to prevent counterfeit or pirated goods being placed on the market — Article 13(1) — Powers of the customs authorities to establish the infringement of an intellectual property right
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
Case C‑74/13 GSV v Nemzeti Adó- és Vámhivatal Észak-alföldi Regionális Vám- és Pénzügyőri Főigazgatósága
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — TARIC Codes 7019 59 00 10 and 7019 59 00 90 — Regulations imposing anti-dumping duties on imports of certain open mesh fabrics of glass fibres originating in China — Discrepancies between language versions — Obligation to pay the anti-dumping duty
Request for a preliminary ruling from the Debreceni Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C‑225/13 Ville d'Ottignies-Louvain-la-Neuve and Others v Région wallonne
Reference for a preliminary ruling — Environment — Waste — Directive 75/442/EEC — Article 7(1) — Management plan — Suitable sites or installations for the disposal of waste — Concept of waste management plan — Directive 1999/31/EC — Articles 8 and 14 — Landfills which have been granted a permit, or which are already in operation at the time of transposition of that directive
Request for a preliminary ruling from the Conseil d’État (Belgium)
Language of the case: French
Joined Cases C‑231/11 P to C‑233/11 P Commission v Siemens Österreich and Others and Siemens Transmission & Distribution and Others v Commission
Appeals — Competition ‒ Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Joint and several liability for payment of the fine — Concept of an ‘undertaking’ — Principle of personal liability and the principle that the penalty must be specific to the offender and the offence — Unlimited jurisdiction of the General Court — The ultra petita rule — Principles of proportionality and equal treatment
Language of the case: German
Joined Cases C-247/11 P and C-253/11 P Areva and Others v Commission
Appeals — Competition ‒ Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Attributability of unlawful conduct of subsidiaries to their parent companies — Obligation to state reasons — Joint and several liability for payment of a fine — Concept of an ‘undertaking’ — ‘De facto’ joint and several liability — Principle of legal certainty and the principle that penalties must be specific to the offender and the offence ‒ Principles of proportionality and equal treatment
Language of the case: French
Case C‑190/12 Emerging Markets Series of DFA Investment Trust Company v Dyrektor Izby Skarbowej w Bydgoszczy
Reference for a preliminary ruling — Freedom of establishment — Free movement of capital — Articles 63 TFEU and 65 TFEU –– Tax on income of legal persons — Difference of treatment between dividends paid to resident and non-resident investment funds — Exclusion of tax exemption — Restriction not justified
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Bydgoszczy
Language of the case: Polish
Case C‑435/12 ACI Adam and Others v Stichting de Thuiskopie and Stichting Onderhandelingen Thuiskopie vergoeding
Reference for a preliminary ruling — Intellectual property — Copyright and related rights — Harmonisation of certain aspects of copyright and related rights in the information society — Directive 2001/29/EC — Article 5(2)(b) and (5) — Reproduction right — Exceptions and limitations — Reproduction for private use — Lawful nature of the origin of the copy — Directive 2004/48/EC — Scope
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑485/12 Maatschap T. van Oosterom en A. van Oosterom-Boelhouwer v Staatssecretaris van Economische Zaken, Landbouw en Innovatie
Agriculture — Common agricultural policy — Direct support schemes — Regulation (EC) No 73/2009 — Integrated administration and control system for certain aid schemes — Identification system for agricultural parcels — Eligibility conditions for aid — Administrative controls — On-the-spot checks — Regulation (EC) No 796/2004 — Determination of the areas eligible for aid — Remote sensing — Physical inspection of agricultural parcels
Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
Case C‑609/12 Ehrmann v Zentrale zur Bekämpfung unlauteren Wettbewerbs
Reference for a preliminary ruling — Consumer information and protection — Regulation (EC) No 1924/2006 — Nutrition and health claims made on foods — Labelling and presentation of those foods — Article 10(2) — Temporal application — Article 28(5) and (6) — Transitional measures
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑269/13 P Acino v Commission
Appeal — Medicinal products for human use — Suspension of the marketing and the withdrawal of certain consignments of medicinal products containing the active ingredient Clopidogrel — Variation of marketing authorisations — Prohibition on marketing — Regulation (EC) No 726/2004 and Directive 2001/83/EC — Precautionary principle — Proportionality — Obligation to state reasons
Language of the case: German
Case C‑238/12 P FLSmidth v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Unlimited jurisdiction of the General Court — Duty to state reasons — Attribution to the parent company of the infringement committed by the subsidiary — Liability of the parent company for payment of the fine imposed on the subsidiary — Proportionality — Proceedings before the General Court — Adjudication within a reasonable time
Language of the case: English
Case C‑390/12 Robert Pfleger and Others
Article 56 TFEU — Freedom to provide services — Charter of Fundamental Rights of the European Union — Articles 15 to 17, 47 and 50 — Freedom to choose an occupation, right to engage in work, freedom to conduct a business, right to property, right to an effective remedy and access to an impartial tribunal, ne bis in idem principle — Article 51 — Scope — Implementation of EU law — Games of chance — Restrictive legislation of a Member State — Administrative and criminal penalties — Overriding reasons in the public interest — Proportionality
Request for a preliminary ruling from the Unabhängiger Verwaltungssenat des Landes Oberösterreich (now Landesverwaltungsgericht Oberösterreich)
Language of the case: German
Case C‑475/12 UPC DTH v Nemzeti Média- és Hírközlési Hatóság Elnökhelyettese
Telecommunications sector — Electronic communications networks and services — Freedom to provide services — Article 56 TFEU — Directive 2002/21/EC — Cross-border provision of a package of radio and television programmes — Conditional access — Competence of the national regulatory authorities — Registration — Requirement of establishment
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C‑26/13 Kásler and Káslerné Rábai v OTP Jelzálogbank
Directive 93/13/EEC — Unfair terms in a contract concluded between a seller or supplier and a consumer — Articles 4(2) and 6(1) — Assessment of the unfairness of the contractual terms — Exclusion of terms relating to the main subject matter of the contract or the adequacy of the price and the remuneration provided they are drafted in plain intelligible language — Consumer credit contracts denominated in foreign currency — Terms relating to the exchange rate — Difference between the buying rate of exchange applicable to the advance of the loan and the selling rate of exchange applicable to its repayment — Powers of the national court when dealing with a term considered to be unfair — Substitution of the unfair term by a supplementary provision of national law — Whether lawful
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C‑209/13 United Kingdom v Council
Common system of financial transaction tax — Authorisation of enhanced cooperation under Article 329(1) TFEU — Decision 2013/52/EU — Action for annulment in respect of infringement of Articles 327 TFEU and 332 TFEU and of customary international law
Language of the case: English
Case C‑250/13 Wagener v Bundesagentur für Arbeit – Familienkasse Villingen-Schwenningen
Reference for a preliminary ruling — Social security — Agreement between the European Community and the Swiss Confederation — Regulation (EEC) No 574/72 — Article 107(1) and (6) — Regulation (EC) No 987/2009 — Article 90 — Migrant workers — Currency conversion — Account taken of family benefits received in Switzerland at the time of the calculation, by a Member State, of dependent child allowance — Differential supplement — Date to be taken into account for the purposes of the conversion into euros of Swiss family benefits
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
Case C‑267/13 Nutricia v Staatssecretaris van Financiën
Combined Nomenclature — Tariff headings — Medicaments within the meaning of heading 3004 — Meaning — Nutritional preparations intended to be administered enterally under medical supervision to persons undergoing medical treatment — Beverages within the meaning of heading 2202 — Meaning — Nutritional liquids intended to be administered enterally and not to be drunk
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑280/13 Barclays Bank v Sánchez García and Chacón Barrera
Request for a preliminary ruling — Directive 93/13/EEC — Thirteenth recital in the preamble — Article 1(2) — Consumer contracts — Mortgage loan agreement — Mortgage enforcement proceedings — National statutory and regulatory provisions — Contractual balance
Request for a preliminary ruling from the Juzgado de Primera Instancia No 4 de Palma de Mallorca
Language of the case: Spanish
Case C‑365/13 Ordre des architectes v État belge
Reference for a preliminary ruling — Directive 2005/36/EC — Articles 21 and 49 — Recognition of professional qualifications — Access to the profession of architect — Exemption from professional traineeship
Request for a preliminary ruling from the Conseil d’État (Belgium)
Language of the case: French
Information (on unpublished decisions)
Case C‑428/12 Commission v Spain
Failure of a Member State to fulfil obligations — Articles 34 TFEU and 36 TFEU — Measures of equivalent effect to quantitative restrictions on imports — Complementary private goods transport — The first vehicle of the fleet of a company — Rules for obtaining the road transport authorisation — Road safety and environmental protection
Case C‑60/13 Commission v United Kingdom
Failure of a Member State to fulfil obligations — European Union’s own resources — Decision 2000/597/EC, Euratom — Article 8 — Regulation (EC, Euratom) No 1150/2000 — Articles 2, 6, 9, 10 and 11 — Refusal to make own resources available to the European Union — Erroneous Binding Tariff Information documents — Imports of fresh garlic as frozen garlic — Imputability of the error to the national customs authorities — Financial liability of the Member States
Case C‑281/13 P Inglewood and Others v Parliament
Appeal — Additional pension scheme for Members of the European Parliament — Amendment to the additional pension scheme in 2009 — Decisions rejecting the appellants’ applications to benefit from the provisions in force before amendment of the scheme — Errors of law — Legal certainty — Legitimate expectations — Equal treatment — Principle of proportionality
Case C‑27/13 Flughafen Lübeck
Article 99 of the Rules of Procedure — State aid — Articles 107 TFEU and 108 TFEU — Advantages granted by a public undertaking operating an airport to a low-cost airline — Decision to open the formal investigation procedure — Obligation of the courts of the Member States to follow the Commission’s assessment in that decision as regards the existence of aid
Case C‑511/12 Macedo Maia and Others
Article 99 of the Rules of Procedure of the Court of Justice — Request for a preliminary ruling — Directive 80/987/EEC — Directive 2002/74/EC — Protection of employees in the event of the insolvency of their employer — Guarantee institutions — Limitation on the payment obligation of the guarantee institution — Salary claims falling due more than six months before the commencement of legal proceedings seeking a declaration of the employer’s insolvency
Case C‑85/13 Commission v Italy
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Treatment of urban waste water — Articles 3 to 5 and 10 — Annex I(A) and (B)
Case C‑115/13 Commission v Hungary
Failure of a Member State to fulfil obligations — Duties on alcohol and alcoholic beverages — Directive 92/83/EEC — Setting rates of excise duty — Customised production of ethyl alcohol in a distillery subject to a rate of excise duty equal to 0 — Exemption from excise duty for the production of ethyl alcohol by private individuals
Case C‑374/13 P Metropolis Inmobiliarias y Restauraciones v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Application for registration of the word mark METROINVEST — Opposition by the proprietor of the national figurative mark and applicant for the Community figurative mark comprising the word element ‘METRO’, in the colours blue and yellow — Refusal of registration
Case C‑412/13 P Langguth Erben v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Articles 34(1), 75 and 77(1) — Earlier national and international figurative marks MEDINET — Claiming seniority — Refusal
Case C‑89/13 D’Aniello and Others
Article 99 of the Rules of Procedure of the Court — Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Principle of non-discrimination — National legislation providing for a compensation scheme in cases of the unlawful setting of an expiry date for an employment contract different from that in cases where an employment contract of unlimited duration is unlawfully terminated — Economic consequences — Comparability of the claims
Case C‑600/13 Intelcom Service
Request for a preliminary ruling — Articles 34 TFEU, 35 TFEU, 37 TFEU, 56 TFEU and 60 TFEU — Directive 2006/123/EC — National legislation granting notaries the exclusive right to draft and authenticate deeds relating to the sale of immovable property — Manifest inadmissibility
Case C‑11/14 P Associazione sportiva Taranto calcio v Italy
Appeal — Challenge to the penalties imposed by the Italian Football Association — Lack of jurisdiction of the General Court of the European Union
May 2014
Case C‑43/12 Commission v Parliament and Council
Action for annulment — Directive 2011/82/EU — Cross-border exchange of information on road safety related traffic offences — Choice of legal basis — Article 87(2)(a) TFEU — Article 91 TFEU — Maintenance of the effects of the directive in case of annulment
Language of the case: French
Case C‑181/14 G
Expedited procedure
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑347/12 Caisse nationale des prestations familiales v Wiering
Reference for a preliminary ruling — Social security — Regulation (EEC) No 1408/71 — Regulation (EEC) No 574/72 — Family benefits — Family allowances — Allowance for bringing up a family — ‘Elterngeld’ — ‘Kindergeld’ — Calculation of the supplementary allowance
Request for a preliminary ruling from the Cour de cassation (Luxembourg)
Language of the case: French
Case C‑483/12 Pelckmans Turnhout v Walter Van Gastel Balen and Others
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Principles of equality and non-discrimination — Implementation of EU law — Scope of application of EU law — None — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
Case C‑591/12 P Bimbo v OHIM
Appeal — Community trade mark — Opposition proceedings — Application for registration of the word mark BIMBO DOUGHNUTS — Earlier Spanish word mark DOGHNUTS — Relative grounds for refusal — Regulation (EC) No 40/94 — Article 8(1)(b) — Global assessment of the likelihood of confusion — Independent distinctive role of one element of a composite word mark
Language of the case: English
Case C‑604/12 N. v Minister for Justice, Equality and Law Reform
Directive 2004/83/EC — Minimum standards for granting refugee status or subsidiary protection status — Directive 2005/85/EC — Minimum standards on procedures in Member States for granting or withdrawing refugee status — National procedural rule under which an application for subsidiary protection may be considered only after an application for refugee status has been refused — Lawfulness — Procedural autonomy of the Member States — Principle of effectiveness — Right to good administration — Charter of Fundamental Rights of the European Union — Article 41 — Impartiality and expeditiousness of the procedure
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
Case C‑15/13 Technische Universität Hamburg-Harburg and Hochschul-Informations-System GmbH v Datenlotsen Informationssysteme
Public supply contracts — Directive 2004/18/EC — Award of a contract without initiating a tendering procedure — In-house award — Contractor legally separate from the contracting authority — Condition of ‘similar control’ — Contracting authority and contractor not linked by a relationship of control — Third party public authority exercising partial control over the contracting authority and control over the contractor which could be qualified as ‘similar’ — ‘Horizontal in-house transaction’
Request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg
Language of the case: German
Case C‑35/13 Assica — Associazione Industriali delle Carni e dei Salumi and Kraft Foods Italia SpA v Associazioni fra produttori per la tutela del ‘Salame Felino’ and Others
Agriculture — Agricultural products and foodstuffs — Regulation (EEC) No 2081/92 — Article 2 — Protection of geographical indications and designations of origin — Material scope — Protection on national territory — Absence of Community registration — Consequences — Protection of designations relating to products for which there is no specific link between their characteristics and their geographical origin — Conditions
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C‑161/13 Idrodinamica Spurgo Velox and Others v Acquedotto Pugliese
Public procurement — Water sector — Directive 92/13/EEC — Effective and rapid review procedures — Time-limits for bringing an action — Date from which time begins to run
Request for a preliminary ruling from the Tribunale amministrativo regionale per la Puglia
Language of the case: Italian
Case C‑329/13 Ferdinand Stefan v Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft
Article 99 of the Rules of Procedure — Directive 2003/4/EC — Validity — Public access to environmental information — Exception to the obligation to disclose environmental information where the disclosure compromises the ability of any person to receive a fair trial — Optional nature of that exception for Member States — Article 6 TEU — Second paragraph of Article 47 of the Charter
Request for a preliminary ruling from the Unabhängiger Verwaltungssenat Wien
Language of the case: German
Case C‑184/11 Commission v Spain
Failure of a Member State to fulfil obligations — Judgment of the Court finding a failure to fulfil obligations — Non-implementation — Article 260 TFEU — State aid — Recovery — Unlawful aid scheme incompatible with the internal market — Individual aid granted under that scheme — Pecuniary penalty
Language of the case: Spanish
Case C‑131/12 Google Spain and Google v AEPD and Costeja González
Personal data — Protection of individuals with regard to the processing of such data — Directive 95/46/EC — Articles 2, 4, 12 and 14 — Material and territorial scope — Internet search engines — Processing of data contained on websites — Searching for, indexing and storage of such data — Responsibility of the operator of the search engine — Establishment on the territory of a Member State — Extent of that operator’s obligations and of the data subject’s rights — Charter of Fundamental Rights of the European Union — Articles 7 and 8
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
Case C‑359/12 Timmel v Aviso Zeta
Reference for a preliminary ruling — Consumer protection — Directive 2003/71/EC — Article 14(2)(b) — Regulation (EC) No 809/2004 — Articles 22(2) and 29(1) — Base prospectus — Supplements to the prospectus — Final terms — Time and method of publication of required information — Conditions for publication in electronic form
Request for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
Case C‑480/12 Minister van Financiën v X
Community Customs Code — Scope of Articles 203 and 204(1)(a) of Regulation (EEC) No 2913/92 — External transit procedure — Customs debt incurred through non-fulfilment of an obligation — Belated presentation of the goods at the office of destination — Sixth VAT Directive — Article 10(3) — Link between the incurring of customs debt and the incurring of VAT debt — Concept of taxable transactions
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑521/12 Briels and Others v Minister van Infrastructuur en Milieu
Environment — Directive 92/43/EEC — Article 6(3) and (4) — Conservation of natural habitats — Special areas of conservation — Assessment of the implications for a protected site of a plan or project — Authorisation for a plan or project on a protected site — Compensatory measures — Natura 2000 site Vlijmens Ven, Moerputten & Bossche Broek — Project on the route of the A2 ’s-Hertogenbosch-Eindhoven motorway
Request for a preliminary ruling from the Raad van State (Netherlands)
Language of the case: Dutch
Case C‑135/13 Szatmári Malom v Mezőgazdasági és Vidékfejlesztési Hivatal Központi Szerve
Agriculture — EAFRD — Regulation (EC) No 1698/2005 — Articles 20, 26 and 28 — Support for the modernisation of agricultural holdings and support for adding value to agricultural and forestry products — Eligibility conditions — Competence of the Member States — Support for the modernisation of existing mill capacity — Mills replaced with a single new mill, with no increase in capacity — Not included — Principle of equal treatment
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C‑297/13 Data I/O v Hauptzollamt München
Reference for a preliminary ruling — Tariff classification — Common Customs Tariff — Combined Nomenclature — Section XVI, note 2 — Headings 8422, 8456, 8473, 8501, 8504, 8543, 8544 and 8473 — Concepts of ‘parts’ and ‘articles’ — Parts and accessories (motors, power supplies, lasers, generators, cables and heat sealers) intended for programming systems — No precedence of heading 8473 over other headings of Chapters 84 or 85
Request for a preliminary ruling from the Finanzgericht München
Language of the case: German
Case C‑337/13 Almos Agrárkülkereskedelmi v Nemzeti Adó- és Vámhivatal Közép-magyarországi Regionális Adó Főigazgatósága
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Article 90 — Reduction of the taxable amount — Extent of obligations of Member States — Direct effect
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C‑35/12 P ASPLA v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Plastic industrial bags market — Single and continuous infringement
Language of the case: Spanish
Case C‑36/12 P Armando Álvarez v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Plastic industrial bags market — Attribution to the parent company of the infringement committed by the subsidiary — Obligation to state reasons
Language of the case: Spanish
Case C‑356/12 Glatzel v Freistaat Bayern
Reference for a preliminary ruling — Transport — Directive 2006/126/EC — Point 6.4 of Annex III — Validity — Charter of Fundamental Rights of the European Union — Articles 20, 21(1) and 26 — United Nations Convention on the Rights of Persons with Disabilities — Driving licences — Physical and mental fitness to drive a motor vehicle — Minimum standards — Visual acuity — Equal treatment — No possibility of derogation — Proportionality
Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
Case C‑539/12 Lock v British Gas Trading Limited
Social policy — Organisation of working time — Directive 2003/88/EC — Right to paid annual leave — Composition of remuneration — Basic salary and commission according to turnover realised
Request for a preliminary ruling from the Employment Tribunal, Leicester
Language of the case: English
Case C‑56/13 Érsekcsanádi Mezőgazdasági v Bács-Kiskun Megyei Kormányhivatal
Directives 92/40/EEC and 2005/94/EC — Decisions 2006/105/EC and 2006/115/EC — Charter of Fundamental Rights of the European Union — Articles 16, 17 and 47 — Measures for the control of avian influenza — Compensation for damage
Request for a preliminary ruling from the Szegedi Ítélőtábla
Language of the case: Hungarian
Case C‑129/14 PPU Criminal proceedings against Spasic
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — Charter of Fundamental Rights of the European Union — Articles 50 and 52 — Ne bis in idem principle — Convention Implementing the Schengen Agreement — Article 54 — Penalty which ‘has been enforced’ or which is ‘actually in the process of being enforced’
Request for a preliminary ruling from the Oberlandesgericht Nürnberg
Language of the case: German
Information (on unpublished decisions)
Case C‑414/12 P Bolloré v Commission
Appeal — Competition — Cartels — Market in carbonless paper — Attributability of liability to the parent company for the infringement committed by its subsidiary — Direct participation of the parent company in the infringement — Equal treatment — Duration of the administrative procedure and legal proceedings — Reasonable period of time — Rights of the defence
Case C‑608/12 P Greinwald v Wessang
Appeal — Article 181 of the Rules of Procedure of the Court — Article 169(2) of those rules — Content required in the application initiating an appeal
Case C‑411/13 P OHIM v Sanco
Appeal — Community trade mark — Figurative mark representing a chicken — Opposition of the proprietor of a national figurative mark representing a chicken — Partial rejection of the opposition
Case C‑97/12 P Louis Vuitton Malletier v OHIM
Appeal — Community trade mark — Invalidity proceedings — Figurative mark representing a locking device — No distinctive character — Partial invalidity — Regulation (EC) No 40/94 — Article 7(1)(b
Case C‑90/13 P 1. garantovaná v Commission
Appeal — Competition — Regulation (EC) No 1/2003 — Agreements, decisions and concerted practices — Calculation of the amount of the fine — Total turnover in the preceding business year
Case C‑414/13 P Reber Holding v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Word mark Wolfgang Amadeus Mozart PREMIUM — Opposition brought by the proprietor of earlier national figurative marks W. Amadeus Mozart
Case C‑287/13 P Bilbaína de Alquitranes and Others v ECHA
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Regulation (EC) No 1907/2006 (REACH) — Article 59 and Annex XIII — Identification of pitch, coal tar, high temperature as a substance of very high concern, to be made subject to the authorisation procedure — Equal treatment
Case C‑339/13 Commission v Italy
Failure of a Member State to fulfil obligations — Directive 1999/74/EC — Articles 3 and 5(2) — Ban on rearing laying hens in unenriched cage systems — Rearing of laying hens in cages which do not conform to the requirements of that directive
June 2014
Joined Cases C‑24/12 and C‑27/12 :
Free movement of capital — Restrictions — Payment of dividends from a Member State to an overseas territory of the same State — Scope of EU law — Special European Union-OCTs arrangements
Requests for a prelimary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑198/12 Commission v Bulgaria
Failure of a Member State to fulfil obligations — Internal market in energy — Gas transmission — Regulation (EC) No 715/2009 — Articles 14(1) and 16(1) and (2)(b) — Obligation to guarantee maximum capacity — Virtual reverse flow gas capacity — Admissibility
Language of the case: Bulgarian
Case C‑360/12 Coty Germany (anciennement Coty Prestige Lancaster Group) v First Note Perfumes
Judicial cooperation in civil matters — Regulations (EC) Nos 40/94 and 44/2001 — Community trade mark — Article 93(5) of Regulation (EC) No 40/94 — International jurisdiction relating to infringement — Determination of the place where the harmful event occurred — Cross-border participation by several persons in a single unlawful act
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑398/12 Criminal proceedings against M
Convention implementing the Schengen Agreement — Article 54 — ‘Ne bis in idem’ principle — Scope — Order made by a court of a Contracting State finding that there is no ground to refer a case to a trial court because of insufficient evidence — Possibility of reopening the criminal investigation in the case where new facts and/or evidence come to light — Concept of person whose trial has been ‘finally disposed of’ — Criminal prosecution in another Contracting State of the same person in respect of the same acts — Preclusion of further prosecution and application of the ne bis in idem principle
Request for a preliminary ruling from the Tribunale di Fermo
Language of the case: Italian
Case C‑557/12 KONE and Others v ÖBB Infrastruktur
Article 101 TFEU — Damages for the loss caused by a cartel prohibited by that article — Loss resulting from the higher price charged by an undertaking as a result of a prohibited cartel to which it is not a party (‘Umbrella pricing’) — Causal link
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C‑105/13 Vonk Noordegraaf v Staatssecretaris van Economische Zaken
Agriculture — Common agricultural policy — Single payment scheme –Regulation (EC) No 73/2009 — Articles 34, 36 and 137 — Payment entitlements — Basis of calculation — Premiums paid in respect of cattle and land held by the farmer during the reference period — Modification of the method for determining the area of agricultural parcels — Reduction in the hectares eligible for aid — Application by the farmer for a reduction in the number and an increase in the unit value of his payment entitlements — Regulation (EC) No 796/2004 — Article 73a(2a) — Lawfulness
Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
Case C‑255/13 I v Health Service Executive
Reference for a preliminary ruling — Social security — Regulation (EC) No 883/2004 — Articles 19(1) and 20(1) and (2) — Regulation (EC) No 987/2009 — Article 11 — National of a Member State insured in his State of residence — Sudden serious illness occurring while on holiday in another Member State — Person compelled to remain in that second Member State for 11 years as a result of his illness and the fact that specialist medical care is available close to the place where he lives — Provision of benefits in kind in the second Member State — Definition of ‘residence’ and ‘stay’
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Case C‑350/13 Antonio Gramsci Shipping and Others v Lembergs
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Recognition and enforcement of provisional and protective measures — Annulment of the initial decision — Maintenance of the request for a preliminary ruling — No need to adjudicate
Request for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
Case C‑360/13 Public Relations Consultants Association v Newspaper Licensing Agency
Copyright — Information Society — Directive 2001/29/EC — Article 5(1) and (5) — Reproduction — Exceptions and limitations — Creation of copies of an internet site on-screen and in the cache of the hard disk in the course of browsing the internet — Temporary act of reproduction — Transient or incidental act — Integral and essential part of a technological process — Lawful use — Independent economic significance
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
Case C‑500/13 Gmina Międzyzdroje v Minister Finansów
Request for a preliminary ruling — VAT — Directive 2006/112/EC — Deduction of input tax — Capital goods — Immovable property — Adjustment of deductions — National legislation providing for an adjustment period of 10 years
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C‑146/14 PPU Direktor na Direktsia "Migratsia" pri Ministerstvo na vatreshnite raboti v Mahdi
Visas, asylum, immigration and other policies related to free movement of persons — Directive 2008/115/EC — Return of illegally staying third-country nationals — Article 15 — Detention — Extension of detention — Obligations of the administrative or judicial authority — Review by a judicial authority — Third-country national without identity documents — Obstacles to implementation of a removal decision — Refusal of the embassy of the third country concerned to issue an identity document enabling the third-country national to be returned — Risk of absconding — Reasonable prospect of removal — Lack of cooperation — Whether the Member State concerned is under an obligation to issue a temporary document relating to the status of the person concerned
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C‑169/14 Sánchez Morcillo and Abril García v Banco Bilbao Vizcaya Argentaria
Expedited procedure
Request for a preliminary ruling from the Audiencia Provincial de Castellón
Language of the case: Spanish
Case C‑377/12 Commission v Council
Action for annulment — Council Decision 2012/272/EU on the signing, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and the Republic of the Philippines — Choice of legal basis — Articles 79 TFEU, 91 TFEU, 100 TFEU, 191 TFEU and 209 TFEU — Readmission of third-country nationals — Transport — Environment — Development cooperation
Language of the case: English
Case C‑578/11 P Deltafina v Commission
Appeal — Agreements, decisions and concerted practices — Italian market for the purchase and first processing of raw tobacco — Decision finding an infringement of Article 81 EC — Immunity from fines — Obligation to cooperate — Rights of the defence — Limits of judicial review — Right to fair legal process — Hearing of witnesses or of parties — Reasonable time — Principle of equal treatment
Language of the case: Italian
Case C‑461/12 Granton Advertising v Inspecteur van de Belastingdienst Haaglanden/kantoor Den Haag
Reference for a preliminary ruling — Sixth VAT Directive — Exemptions — Article 13(B)(d)(3) and (5) — ‘Other securities’ and ‘other negotiable instruments’ — Sales promotion scheme — Discount card — Taxable amount
Request for a preliminary ruling from the Gerechtshof ’s-Hertogenbosch
Language of the case: Dutch
Joined Cases C‑39/13 to C‑41/13 Inspecteur van de Belastingdienst/Noord/kantoor Groningen and Others v SCA Group Holding and Others
Freedom of establishment — Corporation tax — Single tax entity formed by companies in the same group — Request — Grounds for refusal — Seat of one or more intermediate companies, or of the parent company, located in another Member State — No permanent establishment in the State of taxation
Request for a preliminary ruling from the Gerechtshof Amsterdam
Language of the case: Dutch
Case C‑75/13 SEK Zollagentur v Hauptzollamt Gießen
Customs union and Common Customs Tariff — Unlawful removal from customs supervision of goods liable to import duties — Incurrence of a customs debt
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑118/13 Bollacke v K + K Klaas & Kock
Reference for a preliminary ruling — Social policy — Directive 2003/88/EC — Organisation of working time — Paid annual leave — Allowance in lieu in the event of death
Request for a preliminary ruling from the Landesarbeitsgericht Hamm
Language of the case: German
Case C‑156/13 Digibet and Albers v Westdeutsche Lotterie
Reference for a preliminary ruling — Freedom to provide services — Article 56 TFEU — Betting and gaming — Federal legislation banning games of chance via the internet which was not applied for a limited period in a federal entity of a Member State — Consistency — Proportionality
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑314/13 Užsienio reikalų ministerija v Peftiev and Others
Reference for preliminary rulings — Common foreign and security policy — Restrictive measures against Belarus — Freezing of funds and economic resources — Exceptions — Payment of professional fees associated with legal services — Discretion of the competent national authority — Right to effective judicial protection — Effect of unlawful origin of funds — None
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C‑330/13 Lukoyl Neftohim Burgas v Nachalnik na Mitnicheski punkt „Pristanishte Burgas Tsentar“ pri Mitnitsa Burgas
Reference for a preliminary ruling — Common Customs Tariff — Combined Nomenclature — Classification of goods — Goods described as ‘heavy oils, lubricating oils or other oils for undergoing a specific process’ — Headings 2707 and 2710 — Aromatic and non aromatic constituents — Relationship between the Combined Nomenclature and the Harmonised System
Request for a preliminary ruling from the Administrativen sad Burgas
Language of the case: Bulgarian
Case C‑377/13 Ascendi Beiras Litoral e Alta, Auto Estradas das Beiras Litoral e Alta v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Concept of ‘court or tribunal of a Member State’ — Tribunal Arbitral Tributário — Directive 69/335/EEC — Articles 4 and 7 — Increase of the share capital of a capital company — Stamp duty in force on 1 July 1984 — That stamp duty subsequently abolished, and then re-introduced
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD)
Language of the case: Portuguese
Case C‑21/14 P-R Commission v Council
Application for interim measures — Appeals — Application for suspension of a regulation following a judgment declaring the regulation to be void — Dumping — Imports of certain aluminium foil originating in Armenia, Brazil and China — Accession of Armenia to the World Trade Organisation (WTO) — Undertaking operating under market economy conditions — Article 2(7) of Regulation (EC) No 384/96 — Compatibility with the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (GATT) — Prima facie case — Urgency — Serious and irreparable damage — Absence
Language of the case: English
Case C‑243/12 P FLS Plast v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Unlimited jurisdiction of the General Court — Obligation to state reasons — Attribution to the parent company of the infringement committed by the subsidiary — Liability of the parent company for payment of the fine imposed on the subsidiary — Proportionality — Proceedings before the General Court — Adjudication within a reasonable time
Language of the case: English
Joined Cases C‑501/12 to C‑506/12, C‑540/12 and C‑541/12 Specht and Others v Land Berlin and Bundesrepublik Deutschland
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment ‘in employment and occupation’ — Articles 2, 3(1)(c) and 6(1) — Direct discrimination on grounds of age — Basic pay for civil servants dependent upon age — Transitional system — Perpetuation of the difference in treatment — Justifications — Right to compensation — Liability of the Member State — Principles of equivalence and of effectiveness
Requests for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C‑507/12 Saint Prix v Secretary of State for Work and Pensions
References for a preliminary ruling — Article 45 TFEU — Directive 2004/38/EC –Article 7 — ‘Worker’ — Union citizen who gave up work because of the physical constraints of the late stages of pregnancy and the aftermath of childbirth
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
Case C‑531/12 P Commune de Millau and SEMEA v Commission
Appeal — Arbitration clause — Grant contract concerning a local development action — Recovery of part of the sums paid — Assumption of debt — Jurisdiction of the General Court — Limitation period — Liability of the Commission
Language of the case: French
Case C‑556/12 TDC v Teleklagenævnet
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/19/EC — Article 2(a) — Access to and use of specific network elements and associated facilities — Articles 5, 8, 12 and 13 — Competence of the national regulatory authorities — Obligation relating to access to and use of specific network elements and associated facilities — Undertaking with significant market power on a specific market — Drop cable connecting the distribution frame of the access network to the network termination point at the end-user’s premises — Proportionality of the obligation to meet reasonable requests for access to and use of specific network elements and associated facilities — Directive 2002/21/EC — Article 8 — Policy objectives for the carrying out of the tasks of the national regulatory authorities
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C‑574/12 Centro Hospitalar de Setúbal and SUCH v Eurest Portugal
Reference for a preliminary ruling — Public service contracts — Directive 2004/18/EC — Award of the contract without a procurement procedure (in-house award) — Contractor legally separate from the awarding authority — Centre for hospital assistance and support services — Non-profit association operating in the public interest — Majority of the partners made up of awarding authorities — Minority of the partners made up of entities under private law, non-profit charitable associations — Activity carried out of at least 80% of the annual turnover for the partners’ benefit
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C‑11/13 Bayer CropScience v Deutsches Patent- und Markenamt
Reference for a preliminary ruling — Patent law — Plant protection products — Supplementary protection certificate — Regulation (EC) No 1610/96 — Articles 1 and 3 — Terms ‘product’ and ‘active substances’ — Safener
Request for a preliminary ruling from the Bundespatentgericht
Language of the case: German
Joined Cases C‑53/13 and C‑80/13 Strojírny Prostějov and ACO Industries Tábor v Odvolací finanční ředitelství
Freedom to provide services — Temporary employment agency — Secondment of workers by an agency established in another Member State — Restriction — Undertaking using the workforce — Tax on the income of those workers withheld at source — Obligation — Payment to national budget — Obligation — Situation of workers seconded by a national agency — Absence of such obligations
Requests for a preliminary ruling from the Krajský soud v Ostravě and the Nejvyšší správní soud
Language of the case: Czech
Joined Cases C‑217/13 and C‑218/13 Oberbank and Others v Deutscher Sparkassen- und Giroverband
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 3(1) and (3) — Mark consisting of a contourless red colour, registered for banking services — Application for a declaration of invalidity — Distinctive character acquired through use — Evidence — Consumer survey — Time when distinctive character through use is acquired — Burden of proof
Requests for a preliminary ruling from the Bundespatentgericht
Language of the case: German
Case C‑345/13 Karen Millen Fashions v Dunnes Stores and Dunnes Stores (Limerick)
Regulation (EC) No 6/2002 — Community design — Article 6 — Individual character — Different overall impression — Article 85(2) — Unregistered Community design — Validity — Conditions — Burden of proof
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
Case C‑450/13 P Donaldson Filtration Deutschland v OHIM
Appeal — Community trade mark — Word mark ultrafilter international — Application for a declaration of invalidity — Abuse of rights
Language of the case: German
Case C‑658/11 Parliament v Council
Action for annulment — Decision 2011/640/ CFSP — Legal basis — Common foreign and security policy (CFSP) — Article 37 TEU — International agreement relating exclusively to the CFSP — Second subparagraph of Article 218(6) TFEU — Obligation to inform the Parliament immediately and fully — Article 218(10) TFEU — Maintenance of effects
Language of the case: English
Case C‑37/13 P Nexans and Nexans France v Commission
Appeal — Competition — Regulation (EC) No 1/2003 — Administrative procedure — Inspection — Decision ordering an inspection — Obligation to state reasons — Reasonable grounds — Geographic market
Language of the case: English
Case C‑264/12 Sindicato Nacional dos Profissionais de Seguros e Afins v Fidelidade Mundial
Request for a preliminary ruling — Article 53(2) of the Rules of Procedure — Charter of Fundamental Rights of the European Union — National legislation establishing salary reductions for certain public sector workers — Failure to implement EU law — Clear lack of jurisdiction of the Court
Request for a preliminary ruling from the Tribunal do Trabalho do Porto
Language of the case: Portuguese
Information (on unpublished decisions)
Case C‑547/11 Commission v Italy
Failure of a Member State to fulfil obligations — State aid — Decisions 2006/323/EC and 2007/375/EC — Exemption from excise duty on mineral oils used as fuel for alumina production in Sardinia — Recovery — Decisions to suspend the enforcement of a demand for payment taken by a national court
Case C‑285/13 P Bimbo v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Regulation (EC) No 40/94 — Article 8 — Application for Community figurative mark Caffè KIMBO — Opposition proceedings — Earlier national word mark BIMBO — Well-known mark — Partial rejection of the opposition — Appeal manifestly inadmissible
Case C‑448/13 P Delphi Technologies v OHIM
Appeals — Community trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) — Word mark INNOVATION FOR THE REAL WORLD — Advertising slogan — Refusal of registration — No distinctive character
Case C‑13/14 Municipiul Piatra Neamț v Ministerul Dezvoltării Regionale și Administrației Publice
Reference for a preliminary ruling — Manifest inadmissibility
Case C‑28/14 Pańczyk v Dyrektor Zakładu Emerytalno-Rentowego Ministerstwa Spraw Wewnętrznych i Administracji w Warszawie
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Charter of Fundamental Rights of the European Union — Implementation of EU law — No such implementation — Clear lack of jurisdiction of the Court
Case C‑552/12 P Greece v Commission
Appeal — EAGGF, EAGF and EAFRD — Expenditure excluded from European Union financing — Expenditure incurred by the Hellenic Republic
Case C‑370/13 Teisseyre and Teisseyre v Minister Skarbu Państwa
Reference for a preliminary ruling — Article 18 TFEU — Citizenship of the Union — Non-discrimination — Compensation for loss of abandoned immovable property outside the current borders of the Member State concerned — Citizenship condition — Lack of connection to EU law — Clear lack of jurisdiction of the Court
Case C‑670/13 P Cartoon Network v OHIM
Appeal — Community trade mark — Application for Community word mark BOOMERANG — Earlier Community figurative mark Boomerang TV — Relative ground for refusal — Likelihood of confusion
Case C‑683/13 Pharmacontinente - Saúde e Higiene and Others v ACT
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Processing of personal data — Directive 95/46/EC — Article 2 — Concept of ‘personal data’ — Articles 6 and 7 — Principles relating to data quality and criteria for making data processing legitimate — Article 17 — Security of processing — Working time — Record of working time — Access by the national authority responsible for monitoring working conditions — Employer’s obligation to make available the record of working time so as to allow its immediate consultation
Case C‑45/14 Criminal proceedings against Balázs and Papp
Reference for a preliminary ruling — Fundamental rights — Charter of Fundamental Rights of the European Union — Articles 47, 50 and 54 — Implementation of EU law — No such implementation — Clear lack of jurisdiction of the Court
Case C‑76/13 Commission v Portugal
Failure to fulfil obligations — Directive 2002/22/EC — Electronic communications — Networks and services — Designation of the undertakings responsible for universal service obligations — Incorrect transposition– Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Financial penalties — Penalty payment — Lump sum payment
July 2014
Case C‑573/12 Ålands Vindkraft
Reference for a preliminary ruling — National support scheme providing for the award of tradable green certificates for installations producing electricity from renewable energy sources — Obligation for electricity suppliers and certain users to surrender annually to the competent authority a certain number of green certificates — Refusal to award green certificates for electricity production installations located outside the Member State in question — Directive 2009/28/EC — Article 2, second paragraph, point (k), and Article 3(3) — Free movement of goods — Article 34 TFEU
Request for a preliminary ruling from the förvaltningsrätten i Linköping
Language of the case: Swedish
Case C‑350/12 P Council v In 't Veld
Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Third indent of Article 4(1)(a), second indent of Article 4(2), and Article 4(6) — Opinion of the Council’s Legal Service concerning the opening of negotiations for the conclusion of an international agreement — Exceptions to the right of access — Protection of the public interest as regards international relations — Protection of legal advice — Decision partially refusing access
Language of the case: English
Joined Cases C‑129/13 and C‑130/13 Kamino International Logistics and Datema Hellmann Worldwide Logistics
Recovery of a customs debt — Principle of respect for the rights of the defence — Right to be heard — Addressee of the recovery decision not heard by the customs authorities before its adoption, but only during the subsequent objection stage — Infringement of the rights of the defence — Determination of the legal consequences of non-observance of the rights of the defence
Requests for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑165/13 Gross v Hauptzollamt Braunschweig
Taxation — Directive 92/12/EEC — Articles 7, 8 and 9 — General arrangements for products subject to excise duty — Products released for consumption in one Member State and held for commercial purposes in another Member State — Whether excise duty is chargeable to a person holding those products who has acquired them in the Member State of destination — Acquisition at the end of the entry process
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Joined Cases C‑362/13, C‑363/13 and C‑407/13 Fiamingo and Others
References for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework Agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Maritime sector — Ferries making crossings between two ports situated in the same Member State — Successive fixed-term employment contracts — Clause 3(1) — Concept of ‘fixed-term employment contract’ — Clause 5(1) — Measures to prevent abuse arising from the use of fixed-term contracts — Penalties — Conversion of the employment contract into one of indefinite duration — Conditions
Requests for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C‑524/13 Braun
Reference for a preliminary ruling — Taxation — Directive 69/335/EEC — Indirect taxes on the raising of capital — Article 10(c) — Conversion of a capital company into a different type of capital company not involving any increase in capital — Fees demanded for the drawing up of a notarial act recording that conversion
Request for a preliminary ruling from the Amtsgericht Karlsruhe
Language of the case: German
Case C‑19/14 Talasca and Talasca v Stadt Kevelaer
Reference for a preliminary ruling — Articles 53(2) and 94 of the Rules of Procedure of the Court — Lack of sufficient information concerning the factual and regulatory background to the dispute in the main proceedings and the reasons why an answer to the question referred for a preliminary ruling is considered necessary — Manifest inadmissibility
Request for a preliminary ruling from the Sozialgericht Duisburg
Language of the case: German
Case C‑92/14 Tudoran and Others v SC Suport Colect
Reference for a preliminary ruling — Directives 93/13/EEC and 2008/48/EC — Application ratione temporis and ratione materiae — Events occurring prior to the accession of Romania to the European Union — Charter of Fundamental Rights of the European Union — Lack of implementation of EU Law — Manifest lack of jurisdiction — Articles 49 TFEU and 56 TFEU — Manifest inadmissibility
Request for a preliminary ruling from the Judecătoria Câmpulung
Language of the case: Romanian
Case C‑83/13 Fonnship and Svenska Transportarbetareförbundet
Maritime transport — Freedom to provide services — Regulation (EEC) No 4055/86 — Applicability to transport carried out from or to States that are parties to the Agreement on the European Economic Area (EEA) using vessels flying the flag of a third country — Industrial action taken in the ports of such a State in favour of third country nationals employed on those vessels — Nationality of those workers and vessels having no bearing on the applicability of EU law
Request for a preliminary ruling from the Arbetsdomstolen
Language of the case: Swedish
Case C‑295/12 P Telefónica and Telefónica de España v Commission
Article 102 TFEU — Abuse of dominant position — Spanish markets for access to broadband internet — Margin squeeze — Article 263 TFEU — Review of legality — Article 261 TFEU — Unlimited jurisdiction — Article 47 of the Charter — Principle of effective judicial protection — Review exercising powers of unlimited jurisdiction — Amount of the fine — Principle of proportionality — Principle of non-discrimination
Language of the case: Spanish
Case C‑358/12 Consorzio Stabile Libor Lavori Pubblici
Reference for a preliminary ruling — Public procurement — Contracts falling below the threshold provided for in Directive 2004/18/EC — Articles 49 TFEU and 56 TFEU — Principle of proportionality — Conditions for exclusion from a tender procedure — Criteria for qualitative selection relating to the personal situation of the tenderer — Obligations relating to the payment of social security contributions — Definition of serious infringement — Difference between the sums owed and those paid which exceeds EUR 100 and is greater than 5% of the sums owed
Request for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia
Language of the case: Italian
Case C‑421/12 Commission v Belgium
Failure of a Member State to fulfil obligations — Consumer protection — Unfair commercial practices — Directive 2005/29/EC — Complete harmonisation — Exclusion of the professions, dentists and physiotherapists — Restriction or prohibition of certain types of itinerant trading activities
Language of the case: French
Case C‑138/13 Dogan v Bundesrepublik Deutschland
Reference for a preliminary ruling — EEC-Turkey Association Agreement — Additional Protocol — Article 41(1) — Right of residence of family members of Turkish nationals — National legislation requiring evidence of basic linguistic knowledge with regard to the family member wishing to enter the national territory — Lawfulness — Directive 2003/86/EC — Family reunification — Article 7(2) — Compatibility
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C‑183/13 Fazenda Pública v Banco Mais
Taxation — VAT — Directive 77/388/EEC — Article 17(5), third subparagraph, point (c) — Article 19 — Deduction of input tax — Leasing transactions — Mixed use goods and services — Rule for determining the amount of the VAT deduction — Derogation — Conditions
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C‑198/13 Julián Hernández and Others
Protection of employees in the event of the insolvency of their employer — Directive 2008/94/EC — Scope — Employer’s right to compensation from a Member State in respect of the remuneration paid to an employee during proceedings challenging that employee’s dismissal beyond the 60th working day after the action challenging the dismissal was brought — No right to compensation in the case of invalid dismissals — Subrogation of the employee to the right to compensation of his employer in the event of that employer’s provisional insolvency — Discrimination against employees who are the subject of an invalid dismissal — Charter of Fundamental Rights of the European Union — Scope — Article 20
Request for a preliminary ruling from the Juzgado de lo Social No 1 de Benidorm
Language of the case: Spanish
Case C‑213/13 Impresa Pizzarotti
Reference for a preliminary ruling — Public works contracts — Directive 93/37/EEC — ‘Undertaking to let’ buildings which have not yet been constructed — Decision of a national court having the authority of res judicata — Scope of the principle of res judicata in the event of a situation which is incompatible with EU law
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑220/13 P Nikolaou v Court of Auditors
Appeal — Non-contractual liability — Omissions on the part of the Court of Auditors — Claim for compensation for harm caused — Principle of the presumption of innocence — Principle of sincere cooperation — Powers — Conduct of preliminary investigations
Language of the case: Greek
Case C‑244/13 Ogieriakhi v Minister for Justice and Equality and Others
Reference for a preliminary ruling — Directive 2004/38/EC — Article 16(2) — Right of permanent residence for family members of a Union citizen who are third-country nationals — Situation where spouses no longer live together — Immediate installation with other partners during a continuous period of residence of five years — Regulation (EEC) No 1612/68 — Article 10(3) — Conditions — Infringement of EU law by a Member State — Examination of the nature of the infringement at issue — Need for a reference for a preliminary ruling
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Case C‑307/13 Ivansson and Others
Reference for a preliminary ruling — Internal market — Directive 98/34/EC — Third subparagraph of Article 8(1) — Information procedure in the field of technical rules and regulations — Notion of ‘technical regulation’ — Hens for egg production — Shortening of a timetable for implementation originally envisaged for the entry into force of the technical rule — Obligation to notify — Conditions — Discrepancies between language versions
Request for a preliminary ruling from the Helsingborgs tingsrätt
Language of the case: Swedish
Joined Cases C‑358/13 and C‑181/14 D. and G.
Medicinal products for human use — Directive 2001/83/EC — Scope — Interpretation of the concept of ‘medicinal product’ — Scope of the criterion based on the capacity to modify physiological functions — Herb and cannabinoid-based products — Not included
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑420/13 Netto Marken-Discount v Deutsches Patent- und Markenamt
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Identification of goods or services for which the protection of a trade mark is sought — Requirements of clarity and precision — Nice Classification — Retail trade — Bringing together of services
Request for a preliminary ruling from the Bundespatentgericht
Language of the case: German
Case C‑421/13 Apple v Deutsches Patent- und Markenamt
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Articles 2 and 3 — Signs capable of constituting a trade mark — Distinctive character — Representation, by design, of the layout of a flagship store — Registration as a trade mark for ‘services’ connected with the products on sale in such a store
Request for a preliminary ruling from the Bundespatentgericht
Language of the case: German
Joined Cases C‑141/12 and C‑372/12 YS v Minister voor Immigratie, Integratie en Asiel and Minister voor Immigratie, Integratie en Asiel v M and S
Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Directive 95/46/EC — Articles 2, 12 and 13 — Concept of ‘personal data’ — Scope of the right of access of a data subject — Data relating to the applicant for a residence permit and legal analysis contained in an administrative document preparatory to the decision — Charter of Fundamental Rights of the European Union — Articles 8 and 41
Requests for a preliminary ruling from the Rechtbank Middelburget and from the Raad van State
Language of the case: Dutch
Case C‑335/12 Commission v Portugal
Failure of a Member State to fulfil obligations — Own resources — Post-clearance recovery of import duties — Financial liability of the Member States — Surplus stocks of non-exported sugar
Language of the case: Portuguese
Case C‑472/12 Panasonic Italia and Others v Agenzia delle Dogane
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Common Customs Tariff — Tariff classification — Combined Nomenclature — Headings 8471 and 8528 — Plasma screens — Function as computer screen — Potential function as a television screen, after insertion of a video card
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C‑553/12 P Commission v DEI
Appeal — Competition — Articles 82 EC and 86(1) EC — Maintenance of preferential rights granted by the Hellenic Republic in favour of a public undertaking for the exploration and exploitation of lignite deposits — Exercise of those rights — Competitive advantage on the markets for the supply of lignite and wholesale electricity — Maintenance, extension or strengthening of a dominant position
Language of the case: Greek
Case C‑48/13 Nordea Bank Danmark v Skatteministeriet
Tax legislation — Freedom of establishment — National tax on profits — Group taxation — Taxation of the activity of foreign permanent establishments of resident companies — Avoidance of double taxation by set-off of tax (credit method) — Reincorporation of the losses deducted previously in the event that the permanent establishment is transferred to a group company over which the Member State in question does not exercise powers of taxation
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Joined Cases C‑58/13 and C‑59/13 Torresi and Torresi v Consiglio dell’Ordine degli Avvocati di Macerata
Reference for a preliminary ruling — Freedom of movement for persons — Access to the profession of lawyer — Possibility of refusing registration in the Bar Council register to nationals of a Member State who have obtained their professional legal qualification in another Member State — Abuse of rights
Requests for a preliminary ruling from the Consiglio Nazionale Forense
Language of the case: Italian
Case C‑173/13 Leone and Leone v Garde des Sceaux, ministre de la Justice and Caisse nationale de retraite des agents des collectivités locales
Social policy — Article 141 EC — Equality of pay for female and male workers — Early retirement with immediate payment of pension — Service credit for the purposes of calculating the pension — Advantages benefiting mainly female civil servants — Indirect discrimination — Objective justification — Genuine concern about attaining the stated objective — Consistency in implementation — Article 141(4) EC — Measures aimed at compensating for career-related disadvantages for female workers — Not applicable
Request for a preliminary ruling from the Cour administrative d’appel de Lyon
Language of the case: French
Case C‑272/13 Equoland v Agenzia delle Dogane – Ufficio delle Dogane di Livorno
Reference for a preliminary ruling — Value added tax — Sixth Directive 77/388/EEC — Directive 2006/112/EC — Exemption of imported goods which are intended to be placed under warehousing arrangements other than customs — Obligation to physically place the goods in the warehouse — Non-compliance — Obligation to pay VAT notwithstanding the fact that it has already been settled under the reverse charge mechanism
Request for a preliminary ruling from the Commissione tributaria regionale per la Toscana
Language of the case: Italian
Case C‑338/13 Noorzia v Bundesministerin für Inneres
Reference for a preliminary ruling — Right to family reunification — Directive 2003/86/EC — Article 4(5) — Provision of national law under which the sponsor and his/her spouse must have reached the age of 21 by the date on which the application for family reunification is lodged — Interpretation in conformity with EU law
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C‑438/13 BCR Leasing IFN v Agenţia Naţională de Administrare Fiscală
VAT — Directive 2006/112/EC — Articles 16 and 18 — Financial leasing — Goods under a financial leasing contract — Non-recovery of those goods by the leasing company after the termination of the contract — Missing goods
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C‑469/13 Tahir v Ministero dell'Interno and Questura di Verona
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2003/109/EC — Articles 2, 4(1), 7(1) and 13 — ‘Long-term resident’s EU residence permit’ — Terms for conferring long-term resident status — Legal and continuous residence in the host Member State for five years prior to the submission of the permit application — Person with family connections to the long-term resident — More favourable national provisions — Effects
Request for a preliminary ruling from the Tribunale di Verona
Language of the case: Italian
Joined Cases C‑473/13 and C‑514/13 Bero v Regierungspräsidium Kassel and Bouzalmate v Kreisverwaltung Kleve
Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures in Member States for returning illegally staying third-country nationals — Article 16(1) — Detention for the purpose of removal — Detention in prison accommodation — Not possible to provide accommodation for third-country nationals in a specialised detention facility — No such facility in the Land where the third-country national is detained
Requests for a preliminary ruling from the Bundesgerichtshof and the Landgericht München I
Language of the case: German
Case C‑474/13 Pham v Stadt Schweinfurt, Amt für Meldewesen und Statistik
Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures in Member States for returning illegally staying third-country nationals — Article 16(1) — Detention for the purpose of removal — Detention in prison accommodation — Possibility of detaining a third-country national with ordinary prisoners where he has given his consent
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑480/13 Sysmex Europe v Hauptzollamt Hamburg-Hafen
Reference for a preliminary ruling — Tariff classification — Common Customs Tariff — Combined Nomenclature — Headings 3204, 3212 and 3822 — Substance producing, by chemical reaction and exposure to a laser light, a fluorescent effect intended for the analysis of white blood cells
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C‑481/13 Criminal proceedings against Qurbani
Reference for a preliminary ruling — Geneva Convention of 28 July 1951 relating to the Status of Refugees — Article 31 — Third country national who has entered the territory of a Member State after passing through another Member State — Use of the services of people smugglers — Unauthorised entry and stay — Presentation of a forged passport — Criminal penalties — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Oberlandesgericht Bamberg
Language of the case: German
Case C‑169/14 Sánchez Morcillo and Abril García v Banco Bilbao Vizcaya Argentaria
Reference for a preliminary ruling — Directive 93/13/EEC — Article 7 — Charter of Fundamental Rights of the European Union — Article 47 — Consumer contracts — Mortgage loan agreement — Unfair terms — Mortgage enforcement proceedings — Right to an appeal
Request for a preliminary ruling from the Audiencia Provincial de Castellón
Language of the case: Spanish
Information (on unpublished decisions)
Case C‑22/14 P Three-N-Products v OHIM
Appeals — Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Likelihood of confusion — Definition of relevant public
Case C‑84/13 P Electrabel v Commission
Appeal — Concentration of undertakings — Commission decision — Order for payment of a fine — Infringement of Article 7 of Regulation (EEC) No 4064/89 — Control of concentrations between undertakings — Article 14(3) — Criteria to be taken into account in determining the amount of the fine — Taking into account the duration of the infringement — Principle of non-retroactivity of the law — Application of Regulation (EC) No 139/2004 — Obligation to state reasons
Case C‑102/13 P Germany v Commission
Appeal — Action for annulment — Period for bringing proceedings — Validity of the notification of a Commission decision to the Permanent Representation of a Member State — Determination of the date of that notification — Rules of Procedure of the Court of Justice — Article 181 — Appeal manifestly unfounded
Case C‑189/13) Da Silva
Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures for returning illegally staying third-country nationals — National legislation making provision for a sentence of imprisonment in the event of unlawful entry in flagrante delicto — Response from the Court no longer necessary to resolve the dispute — No need to adjudicate
Case C‑126/13 P BSH v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 7(1)(c) — Descriptive character — Refusal to register the word mark ecoDoor — Characteristic of a part of a product
Joined Cases C‑325/13 P and C‑326/13 P Peek & Cloppenburg v OHIM
Appeals — Community trade mark — Word mark Peek & Cloppenburg — Opposition by another proprietor of the business name ‘Peek & Cloppenburg’ — Refusal of registration
Joined Cases C‑379/13 P to C‑381/13 P Aecops v Commission
Appeal — Decision 83/673/EEC — Regulation (EEC) No 2950/83 — European Social Fund — Training operations — Reduction of the financial assistance initially granted — Regulation (EC, Euratom) No 2988/95 — Protection of the European Communities’ financial interests
Case C‑391/13 P Greece v Commission
Appeal — EAGGF, EAGF and EAFRD — Expenditure excluded from funding from the European Union — Olive oil — Arable crops — Manifest error of assessment — Increase in the flat-rate correction due to the recurrence of failure — Impact of CAP reform on the flat-rate correction — Proportionality — Nature of expenditure for the establishment of the olive cultivation GIS
Case C‑71/13 P Greece v Commission
Appeal — EAGGF, EAGF and EAFRD — Expenditure excluded from European Union financing — Expenditure incurred by the Hellenic Republic
Case C‑675/13 P Zoo Sport v OHIM
Appeal — Community trade mark — Figurative trade mark zoo sport in black and white — Opposition by the proprietor of Community figurative and word marks containing the word elements ‘ZOOT’ and ‘SPORTS ZOOT SPORTS’ — Refusal in part of registration
Case C‑676/13 P Zoo Sport v OHIM
Appeal — Community trade mark — Word mark ZOOTSPORT — Opposition by the proprietor of Community figurative and word marks containing the word elements ‘ZOOT’ and ‘SPORTS ZOOT SPORTS’ — Refusal in part of registration
Case C‑554/12 P Commission v DEI
Appeal — Competition — Article 86(3) EC — Maintenance of preferential rights granted by the Hellenic Republic in favour of a public undertaking for the exploration and exploitation of lignite deposits — Infringement — Decision — Incompatibility with EU law — Subsequent decision — Establishment of specific measures — Solution to the anticompetitive effects of the infringement — Action for annulment
Case C‑600/12 Commission v Greece
Failure to fulfil obligations — Environment — Waste management — Directives 2008/98/EC, 1999/31/EC and 92/43/EEC — Discharge of waste on the island of Zakinthos — Zakinthos national marine park — Natura 2000 site — Caretta caretta sea turtle — Extension of the validity period of environmental clauses — Lack of conditioning plan — Operation of a landfill site — Faults — Saturation of the landfill site — Infiltration of leachate — Insufficient coverage and dispersion of waste — Extension of the landfill site
Case C‑141/13 P Reber v OHIM
Appeal — Community trade mark — Figurative mark Walzer Traum — Opposition by the proprietor of the national word mark Walzertraum — Concept of genuine use of the mark — Failure to take earlier decisions into account — Principle of equal treatment
Case C‑427/13 Emmeci v Cotral
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Autorità per la Vigilanza sui Contratti pubblici di lavori, servizi e forniture — Article 267 TFEU — Concept of ‘court or tribunal of a Member State’ — Lack of jurisdiction of the Court
Case C‑435/13 P Kastenholz v OHIM
Appeal — Regulation (EC) No 6/2002 — Community designs — Articles 4 to 6, 25(1)(b) and (f), and 52 — Registered Community design representing watch dials — Earlier Community design — Invalidity proceedings
Case C‑459/13 Široká v Úrad verejného zdravotníctva Slovenskej republiky
Reference for a preliminary ruling — Protection of public health — National legislation imposing an obligation to vaccinate minor children — Right of parents to refuse that vaccination — Article 168 TFEU — Charter of Fundamental Rights of the European Union — Articles 33 and 35 — Implementation of EU law — None — Clear lack of jurisdiction of the Court
Case C‑468/13 P MOL v OHIM
Appeal — Community trade mark– Regulation (EC) No 207/2009 — Article 8(1)(b) — Word mark MOL Blue Card — Opposition — Refusal to register
Case C‑490/13 P Cytochroma Development v OHIM
Appeals — Article 181 of the Rules of Procedure of the Court — Community trade mark — Opposition procedure — Article 169(1) of the Rules of Procedure — Appeal not brought against the operative part of the judgment under appeal — Appeal manifestly unfounded
Case C‑505/13 Yumer v Direktor na Teritoriyalna direktsia na Natsionalna agentsia za prihodite - Varna
Income tax — Article 2 TEU — Articles 20 and 21 of the Charter of Fundamental Rights of the European Union — Principles of legal certainty, effectiveness and proportionality — Farmers’ right to a reduction of income tax — Exclusion of natural persons carrying out agricultural activity — Implementation of EU law — No implementation — Manifest lack of jurisdiction of the Court
Case C‑535/13) Honda Giken Kogyo Kabushiki Kaisha v Patmanidi
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Trade marks — Right of the proprietor of a trade mark to oppose the placing on the market within the European Economic Area (EEA) of goods bearing that mark without his consent
Case C‑643/13 P Melkveebedrijf Overenk and Others v Commission
Appeal — Non-contractual liability — Regulation (EC) No 1468/2006 — Levy in the milk and milk products sector — Manifest inadmissibility
Case C‑654/13 Delphi Hungary Autóalkatrész Gyártó v NAV
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — VAT — Directive 2006/112/EC — Article 183 — Reimbursement of excess VAT — National rules preventing the payment of default interest on VAT not recoverable within a reasonable period on account of a condition held to be contrary to EU law — Principle of equivalence
Case C‑101/14 P Brown Brothers Harriman v OHIM
Appeal — Application before the General Court of the European Union signed by a ‘juris kandidat’ — No representation by a lawyer — Article 19 of the Statute of the Court of Justice of the European Union — Manifest inadmissibility of the action
Case C‑107/14 3D I v Agenzia delle Entrate — Ufficio di Cremona
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Insufficient information concerning the factual and regulatory background to the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling — Manifest inadmissibility
September 2014
Case C‑589/12 Commissioners for Her Majesty's Revenue & Customs v GMAC UK
Reference for a preliminary ruling — VAT — Sixth Directive 77/388/EEC — Article 11C(1), first subparagraph — Direct effect — Reduction of the taxable amount — Two transactions concerning the same goods — Supply of goods — Cars, sold on a hire purchase basis, repossessed and sold at auction — Abuse of rights
Request for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
Case C‑201/13 Deckmyn and Vrijheidsfonds v Vandersteen and Others
Reference for a preliminary ruling — Directive 2001/29/EC — Copyright and related rights — Reproduction right — Exceptions and limitations — Concept of ʻparodyʼ — Autonomous concept of EU law
Request for a preliminary ruling from the hof van beroep te Brussel
Language of the case: Dutch
Case C‑318/13 X
Reference for a preliminary ruling — Directive 79/7/EEC — Equal treatment for men and women in matters of social security — Accident insurance for workers — Amount of a lump-sum compensation for permanent incapacity — Actuarial calculation based on average life expectancy by sex of the recipient of that compensation — Sufficiently serious infringement of EU law
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C‑410/13 Baltlanta v Lietuvos valstybė
Reference for a preliminary ruling — Structural funds — Economic, social and territorial cohesion — Regulation (EC) No 1260/1999 — Article 38 — Regulation (EC) No 2792/1999 — Article 19 — Fisheries — Court proceedings at national level — Obligation on the part of the Member State to take the measures necessary to ensure the successful implementation of the decision relating to the grant of funds following court proceedings
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
Case C‑114/12 Commission v Council
Action for annulment — External action of the European Union — International agreements — Protection of neighbouring rights of broadcasting organisations — Negotiations for a Convention of the Council of Europe — Decision of the Council and the Representatives of the Governments of the Member States authorising the joint participation of the Union and its Member States in the negotiations — Article 3(2) TFEU — Exclusive external competence of the Union
Language of the case: English
Case C‑237/12 Commission v France
Failure of a Member State to fulfil obligations — Directive 91/676/EEC — Article 5(4) — Annex II.A, points 1 to 3 and 5 — Annex III.1, points 1 to 3, and Annex III.2 — Protection of waters against pollution caused by nitrates from agricultural sources — Periods for land application — Capacity of storage vessels for livestock manure — Limitation of land application — Prohibition on land application on steeply sloping ground or on snow-covered or frozen ground — Non-compliance of national legislation
Language of the case: French
Case C‑408/12 P YKK and Others v Commission
Appeal — Agreements, decisions and concerted practices — Markets for zip fasteners and other fasteners and for attaching machines — Successive responsibilities — Legal upper limit of the fine — Article 23(2) of Regulation No 1/2003 — Concept of ‘undertaking’ — Personal responsibility — Principle of proportionality — Deterrence multiplier
Language of the case: English
Case C‑474/12 Schiebel Aircraft v Bundesminister für Wirtschaft, Familie und Jugend
Reference for a preliminary ruling — Freedom of establishment — Freedom of movement for workers — Non-discrimination — Article 346(1)(b) TFEU — Protection of a Member State’s essential security interests — Legislation of a Member State under which the statutory representatives of a business engaged within the national territory in the trading of arms, munitions and war material must hold the nationality of that Member State
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Joined Cases C‑533/12 P and C‑536/12 P SNCM and France v Corsica Ferries France
Appeals — Restructuring aid — European Commission’s margin of assessment — Scope of review by the General Court of the European Union — Market economy private investor test — Requirement for a sectoral and geographical analysis — Sufficiently well-established practice — Long-term economic rationale — Making of additional redundancy payments
Language of the case: French
Case C‑543/12 Zeman v Krajské riaditeľstvo Policajného zboru v Žiline
Reference for a preliminary ruling — Directive 91/477/EEC — Issuing of the European firearms pass — National legislation according to which that pass is issued only to holders of a firearms licence issued for hunting or target shooting use
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
Case C‑575/12 Air Baltic Corporation v Valsts robežsardze
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EC) No 810/2009 — Articles 24(1) and 34 — Uniform visa — Annulment or revocation of a uniform visa — Validity of a uniform visa affixed to a travel document which has been cancelled — Regulation (EC) No 562/2006 — Articles 5(1) and 13(1) — Border checks — Entry conditions — National legislation requiring a valid visa affixed to a valid travel document
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
Case C‑21/13 Simon, Evers & Co v Hauptzollamt Hamburg-Hafen
Reference for a preliminary ruling — Commercial policy — Anti-dumping duties — Regulation (EC) No 499/2009 — Validity — Imports of products originating in China — Imports of the same products consigned from Thailand — Circumvention — Proof — Refusal to cooperate
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Joined Cases C‑119/13 and C‑120/13 eco cosmetics and Raiffeisenbank St Georgen v Dupuy and Bonchyk
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 1896/2006 — European order for payment procedure — Invalid service — Effects — European order for payment declared enforceable — Opposition — Review in exceptional cases — Time-limits
Requests for a preliminary ruling from the Amtsgericht Wedding
Language of the case: German
Case C‑157/13 Nickel & Goeldner Spedition v 'Kintra'
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 1346/2000 — Article 3(1) — Concept of an ‘action related to insolvency proceedings and closely connected with those proceedings’ — Regulation (EC) No 44/2001 — Article 1(2)(b) — Concept of ‘bankruptcy’ — Action for payment of a debt brought by the insolvency administrator — Debt arising out of the international carriage of goods — Relationship between Regulations No 1346/2000 and No 44/2001 and the Convention for the International Carriage of Goods by Road (CMR)
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C‑162/13 Vnuk v Zavarovalnica Triglav
Reference for a preliminary ruling — Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC — Article 3(1) — Concept of ‘use of vehicles’ — Accident caused in the courtyard of a farm by a tractor to which a trailer was attached
Request for a preliminary ruling from the Vrhovno sodišče
Language of the case: Slovene
Joined Cases C‑184/13 to C‑187/13, C‑194/13, C‑195/13 and C‑208/13 API and Others v Ministero delle Infrastrutture e dei Trasporti and Others
Reference for a preliminary ruling — Road transport — Amount of the minimum operating costs determined by a body representing the operators concerned — Association of undertakings — Restriction of competition — Public interest objective — Road safety — Proportionality
Requests for preliminary ruling from the Tribunale amministrativo regionale per il Lazio
Language of the case: Italian
Case C‑192/13 P Spain v Commission
Appeal — Cohesion fund — Reduction of financial assistance — Adoption of the decision by the European Commission — Existence of a time-limit — Failure to comply with the time-limit — Consequences
Language of the case: Spanish
Case C‑197/13 P Spain v Commission
Appeal — Cohesion fund — Reduction of the financial assistance –Adoption of the decision by the European Commission — Existence of a time-limit — Failure to comply with the time-limit — Consequences
Language of the case: Spanish
Joined Cases C‑256/13 and C‑264/13 Provincie Antwerpen v Belgacom and Mobistar
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/20/EC — Article 6 — Conditions attached to the general authorisation and to the rights of use for radio frequencies and for numbers, and specific obligations — Article 13 — Fees for rights of use and rights to install facilities — Regional legislation making undertakings liable to pay a tax on places of business
Requests for a preliminary ruling from the hof van beroep te Antwerpen
Language of the case: Dutch
Case C‑327/13 Burgo Group v Illochroma and Theetten
Reference for a preliminary ruling — Judicial cooperation in civil matters — Insolvency proceedings — Definition of ‘establishment’ — Group of companies — Establishment — Right to request the opening of secondary insolvency proceedings — Criteria — Person empowered to request the opening of secondary insolvency proceedings
Request for a preliminary ruling from the cour d’appel de Bruxelles
Language of the case: French
Case C‑452/13 Germanwings v Henning
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Articles 2, 5 and 7 — Right to compensation in the event of a long delay to a flight — Length of delay — Concept of ‘arrival time’
Request for a preliminary ruling from the Landesgericht Salzburg
Language of the case: German
Case C‑532/13 Sofia Zoo v Országos Környezetvédelmi, Természetvédelmi és Vízügyi Főfelügyelőség
Reference for a preliminary ruling — Protection of species of wild fauna and flora — Regulation (EC) No 338/97 — Article 11 — Invalidity of an import permit restricted to the specimens of animals actually affected by the ground of invalidity
Request for a preliminary ruling from the Fővárosi közigazgatási és munkaügyi bíróság
Language of the case: Hungarian
Case C‑488/13 Parva Investitsionna Banka and Others v Ear Proparti Developmant – v nesastoyatelnost and Sindik na Ear Proparti Developmant – v nesastoyatelnost
Reference for a preliminary ruling — Regulation (EC) No 1896/2006 — Definition of ‘uncontested pecuniary claims’ — Insolvency proceedings — Extra-judicial enforcement order relating to a contested claim — Claim for payment out of the insolvency estate, on the basis of such an enforcement order — Situation falling outside the scope of Regulation No 1896/2006 — Court clearly lacking jurisdiction
Request for a preliminary ruling from the Okrazhen sad — Tagrovishte
Language of the case: Bulgarian
Case C‑34/13 Kušionová v SMART Capital
Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms — Consumer credit agreement — Article 1(2) — Term reflecting a mandatory statutory provision — Scope of the directive — Articles 3(1), 4, 6(1) and 7(1) — Security for credit in the form of a charge on immovable property — Whether it is possible to enforce the charge by means of a sale by auction — Judicial review
Request for a preliminary ruling from the Krajský súd v Prešove
Language of the case: Slovak
Case C‑92/13 Gemeente ‘s-Hertogenbosch v Staatssecretaris van Financiën
Reference for a preliminary ruling — Sixth VAT Directive — Article 5(7)(a) — Taxable transactions — ‘Supplies made for consideration’ — First occupation by a municipal authority of premises built for it on land belonging to it — Activities engaged in as a public authority and as a taxable person
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑152/13 Holger Forstmann Transporte v Hauptzollamt Münster
Reference for a preliminary ruling — Taxation — Directive 2003/96/EC — Taxation of energy products and electricity — Exceptions — Energy products contained in the standard tanks of commercial motor vehicles and intended to be used as fuel by those vehicles — Definition of ‘standard tanks’ within the meaning of Article 24(2) of that directive — Tanks fitted by a coachbuilder or a manufacturer’s dealer
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C‑270/13 Haralambidis v Casilli
Reference for a preliminary ruling — Freedom of movement for workers — Article 45(1) and (4) TFEU — Concept of worker — Employment in the public service — Post of President of a Port Authority — Participation in the exercise of powers of a public authority — Nationality requirement
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑423/13 Vilniaus energija v Lietuvos metrologijos inspekcijos Vilniaus apskrities skyrius
Reference for a preliminary ruling — Free movement of goods — Measures having equivalent effect — Directive 2004/22/EC — Metrological verification of measuring systems — Hot-water meter satisfying all the requirements of that directive and connected to a remote (telemetric) data-transmission device — Prohibition of the use of that meter without a prior metrological verification of the system
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C‑491/13 Ben Alaya v Bundesrepublik Deutschland
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2004/114/EC — Articles 6, 7 and 12 — Conditions of admission of third-country nationals for the purposes of studies — Refusal to admit a person who meets the conditions laid down in Directive 2004/114 — Discretion enjoyed by the competent authorities
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C‑47/12 Kronos International v Finanzamt Leverkusen
Reference for a preliminary ruling — Articles 49 TFEU and 54 TFEU — Freedom of establishment — Articles 63 TFEU and 65 TFEU — Free movement of capital — Tax legislation — Corporation tax — Legislation of a Member State designed to eliminate double taxation of distributed profits — Imputation method applied to dividends distributed by companies resident in the same Member State as the company receiving them — Exemption method applied to dividends distributed by companies resident in a different Member State from the company receiving them or in a third State — Difference in treatment of losses of the company receiving the dividends
Request for a preliminary ruling from the Finanzgericht Köln
Language of the case: German
Joined Cases C‑204/12 to C‑208/12 Essent Belgium v Vlaamse Reguleringsinstantie voor de Elektriciteits- en Gasmarkt
References for a preliminary ruling — Regional support scheme providing for the issuance of tradable green certificates for facilities situated in the region concerned producing electricity from renewable energy sources — Obligation for electricity suppliers to surrender annually to the competent authority a certain quota of certificates — Refusal to take account of guarantees of origin originating from other Member States of the European Union and from States which are parties to the EEA Agreement — Administrative fine in the event of failure to surrender certificates — Directive 2001/77/EC — Article 5 — Free movement of goods — Article 28 EC — Articles 11 and 13 of the EEA Agreement — Directive 2003/54/EC — Article 3
Requests for a preliminary ruling from the rechtbank van eerste aanleg te Brussel
Language of the case: Dutch
Case C‑382/12 P MasterCard and Others v Commission
Appeal — Cross-appeals — Admissibility — Article 81 EC — Open system of payment by debit, charge and credit cards — Multilateral fallback interchange fees — Association of undertakings — Restrictions of competition by effect — Standard of judicial review — Concept of ‘ancillary restriction’ — Objectively necessary and proportionate nature — Appropriate ‘counterfactual hypotheses’ — Two-sided systems — Treatment of annexes to the application at first instance
Language of the case: English
Case C‑525/12 Commission v Germany
Failure of a Member State to fulfil obligations — Environment — Directive 2000/60/EC — Framework for Community action in the field of water policy — Recovery of the costs for water services — Concept of ‘water services’
Language of the case: German
Case C‑527/12 Commission v Germany
Failure of a Member State to fulfil obligations — State aid incompatible with the internal market — Obligation to recover — Article 108(2) TFEU — Regulation (EC) No 659/1999 — Article 14(3) — Commission decision — Measures to be taken by the Member States
Language of the case: German
Case C‑19/13 Ministero dell'Interno v Fastweb
Reference for a preliminary ruling — Public procurement — Directive 89/665/EEC — Article 2d(4) — Interpretation and validity — Procedures for review of the award of public supply and public works contracts — Ineffectiveness of the contract — Exception
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑67/13 P CB v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 81(1) EC — Payment cards system in France — Decision by an association of undertakings — Issuing market — Pricing measures applicable to ‘new entrants’ — Membership fee, mechanism for ‘regulating the acquiring function’ and ‘dormant member “wake-up”’ mechanism — Concept of restriction of competition ‘by object’ — Examination of the degree of harm to competition
Language of the case: French
Case C‑88/13 Gruslin v Beobank
Reference for a preliminary ruling — Freedom of establishment — Freedom to provide services — Undertakings for collective investment in transferable securities (UCITS) — Directive 85/611/EEC — Article 45 — Concept of ‘payments to unit-holders’ — Delivery to unit-holders of certificates for registered units
Request for a preliminary ruling from the Cour de cassation (Belgium)
Language of the case: French
Case C‑91/13 Essent Energie Productie v Minister van Sociale Zaken en Werkgelegenheid
EEC-Turkey Association Agreement — Article 41(1) of the Additional Protocol and Article 13 of Decision No 1/80 — Scope — Introduction of new restrictions on the freedom of establishment, the freedom to provide services and the conditions for access to employment — Prohibition — Freedom to provide services — Articles 56 TFEU and 57 TFEU — Posting of workers — Nationals of non-Member States — Requirement for a work permit for the deployment of labour
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C‑112/13 A v B and Others
Article 267 TFEU — National constitution — Interlocutory procedure for the mandatory review of constitutionality — Assessment as to whether a national law is consistent both with EU law and with national constitutional law — Jurisdiction and the enforcement of judgments in civil and commercial matters — No known domicile or place of residence of the defendant in the territory of a Member State — Prorogation of jurisdiction where the defendant enters an appearance — Court-appointed representative in absentia for the defendant
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C‑117/13 Technische Universität Darmstadt v Eugen Ulmer
Reference for a preliminary ruling — Directive 2001/29/EC — Copyright and related rights — Exceptions and limitations — Article 5(3)(n) — Use for the purpose of research or private study of works and other subject-matter — Book made available to individual members of the public by dedicated terminals in publicly accessible libraries — Meaning of work not subject to ‘purchase or licensing terms’ — Right of the library to digitise a work contained in its collection in order to make it available to users by dedicated terminals — Making the work available by dedicated terminals which permit it to be printed out on paper or to be stored on a USB stick
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑219/13 K Oy
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Article 98(2) — Annex III, point 6 — Reduced rate of VAT applicable only to books printed on paper — Books published on physical supports other than paper subject to the standard rate of VAT — Fiscal neutrality
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C‑277/13 Commission v Portugal
Failure of a Member State to fulfil obligations — Directive 96/67/EC — Article 11 — Air transport — Groundhandling service — Selection of suppliers
Language of the case: Portuguese
Case C‑291/13 Papasavvas v O Fileleftheros Dimosia Etaireia and Others
Reference for a preliminary ruling — Directive 2000/31/EC — Scope — Defamation proceedings
Request for a preliminary ruling from the Eparchiako Dikastirio Lefkosias
Language of the case: Greek
Case C‑328/13 Österreichischer Gewerkschaftsbund v Wirtschaftskammer Österreich
Reference for a preliminary ruling — Directive 2001/23/EC — Safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses — Obligation on the transferee to maintain the terms and conditions agreed in a collective agreement until the entry into force of another collective agreement — Concept of collective agreement — National legislation providing that a rescinded collective agreement continues to have effect until the entry into force of another collective agreement
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C‑394/13 Ministerstvo práce a sociálních věcí v B.
Reference for a preliminary ruling — Social security for migrant workers — Regulation (EEC) No 1408/71 and Regulation (EC) No 883/2004 — National legislation applicable — Determination of the competent Member State for the purpose of granting a family benefit — Situation in which a migrant worker and her family live in a Member State in which their centre of interest is located and family benefit has been paid — Application for family benefit in the Member State of origin after entitlement to benefits in the Member State of residence has expired — National legislation of the Member State of origin providing that such benefits are to be granted to any person registered as permanently resident in that State
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C‑489/13 Verest and Gerards v Belgische Staat
Reference for a preliminary ruling — Income tax — Legislation for the avoidance of double taxation — Taxation of income from immovable property received in a Member State other than the Member State of residence — Method of exemption with maintenance of progressivity in the Member State of residence — Difference in treatment between immovable property situated in the Member State of residence and in another Member State
Request for a preliminary ruling from the hof van beroep te Antwerpen
Language of the case: Dutch
Case C‑521/13 P Think Schuhwerk v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) — No distinctive character — Red aglets on shoe laces — Article 122 of the Rules of Procedure of the General Court — Appeal in part manifestly inadmissible and in part manifestly unfounded
Language of the case: German
Case C‑441/12 Almer Beheer and Daedalus Holding v Van den Dungen Vastgoed and Oosterhout II
Reference for a preliminary ruling — Company law — Directive 2003/71/EC — Article 3(1) — Obligation to publish a prospectus when securities are offered for sale to the public — Enforced sale of securities
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑562/12 Liivimaa Lihaveis v Eesti-Läti
Reference for a preliminary ruling — Structural funds — Regulations (EC) Nos 1083/2006 and 1080/2006 — European Regional Development Fund (ERDF) — Operational programme aiming to promote European territorial cooperation between the Republic of Estonia and the Republic of Latvia — Decision of the monitoring committee rejecting a subsidy — Provision that the decisions of that committee cannot be subject to legal review — Article 267 TFEU — Act adopted by an institution, organ or body of the European Union — Charter of Fundamental Rights of the European Union — Implementation of EU law — Article 47 — Right to effective judicial protection — Right of access to the courts — Determination of which Member State’s courts have jurisdiction to rule on an action
Request for a preliminary ruling from the Tartu ringkonnakohus
Language of the case: Estonian
Case C‑3/13 Baltic Agro v Maksu- ja Tolliameti Ida maksu ja tollikeskus
Reference for a preliminary ruling — Anti-dumping — Regulation (EC) No 661/2008 — Definitive anti-dumping duty on imports of ammonium nitrate originating in Russia — Conditions for exemption — Article 3(1) — First independent customer in the European Union — Acquisition of ammonium nitrate fertiliser through another company — Release of the goods — Application for invalidation of the customs declaration — Decision 2008/577/EC — Customs Code — Articles 66 and 220 — Error — Regulation (EEC) No 2454/93 — Article 251 — Post-release verification
Request for a preliminary ruling from the Tartu ringkonnakohus
Language of the case: Estonian
Case C‑7/13 Skandia America (USA), filial Sverige v Skatteverket
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — VAT group — Internal invoicing for services supplied by a main company with its seat in a third country to its branch belonging to a VAT group within a Member State — Whether services supplied are taxable
Request for a preliminary ruling from the förvaltningsrätten i Stockholm
Language of the case: Swedish
Case C‑242/13 Commerz Nederland v Havenbedrijf Rotterdam
Reference for a preliminary ruling — Competition — State aid — Article 107(1) TFEU — Definition of aid — Guarantees provided by a public undertaking to a bank to facilitate lending to third party creditors — Guarantees deliberately provided by the director of that public undertaking in disregard of that undertaking’s statutes — Presumption of opposition by the public body that owns that undertaking — Whether the guarantees may be imputed to the State
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑341/13 Cruz & Companhia v IFAP
Reference for a preliminary ruling — Protection of the European Union’s financial interests — Regulation (EC, Euratom) No 2988/95 — Article 3 — Proceedings relating to irregularities — European Agricultural Guidance and Guarantee Fund (EAGGF) — Recovery of export refunds wrongly received — Limitation period — Application of a longer national limitation period — General limitation period — Administrative measures and penalties
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C‑374/12 Valimar v Nachalnik na Mitnitsa Varna
Reference for a preliminary ruling — Dumping — Iron or steel ropes and cables originating in Russia — Regulation (EC) No 384/96 — Articles 2(8) and (9) and 11(2), (3), (9) and (10) — Interim review — Expiry review of the anti-dumping measures — Validity of Regulation (EC) No 1279/2007 — Determination of the export price on the basis of sales to third countries — Reliability of export prices — Taking into consideration of price undertakings — Change in circumstances — Application of a methodology which is different from that used at the time of the original investigation
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C‑487/12 Vueling Airlines v Instituto Galego de Consumo de la Xunta de Galicia
Reference for a preliminary ruling — Air Transport — Common rules for the operation of air services in the European Union — Regulation (EC) No 1008/2008 — Pricing freedom — Checking in baggage — Price supplement — Concept of ‘air fares’ — Consumer protection — Imposition of a fine on an air carrier for an unfair contract term — National law requiring the carriage of passenger and checked-in baggage to be included in the base price of a plane ticket — Whether compatible with EU law
Request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo No 1 de Ourense
Language of the case: Spanish
Case C‑205/13 Hauck v Stokke and Others
Trade marks — Directive 89/104/EEC — Article 3(1)(e) — Refusal or invalidation of registration — Three-dimensional trade mark — Adjustable ‘Tripp Trapp’ children’s chair — Sign consisting exclusively of the shape which results from the nature of the goods — Sign consisting of the shape which gives substantial value to the goods
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑549/13 Bundesdruckerei v Stadt Dortmund
Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Restrictions — Directive 96/71/EC — Procedures for the award of public service contracts — National legislation requiring tenderers and their subcontractors to undertake to pay a minimum wage to staff performing the services relating to the public contract — Subcontractor established in another Member State
Request for a preliminary ruling from the Vergabekammer bei der Bezirksregierung Arnsberg
Language of the case: German
Information (on unpublished decisions)
Case C‑127/12 Commission v Spain
Failure of a Member State to fulfil obligations — Free movement of capital — Articles 21 TFEU and 63 TFEU — EEA Agreement — Articles 28 and 40 — Taxation of successions and donations — Distribution of powers of taxation — Discrimination as between residents and non-residents — Discrimination according to where the immovable property is situated — Burden of proof
Joined Cases C‑94/13 P, C‑95/13 P, C‑136/13 P, C‑174/13 P, C‑180/13 P, C‑191/13 P and C‑246/13 P Cooperativa tra i Lavoratori della Piccola Pesca di Pellestrina and Others v Commission
Appeal — State aid — Aid granted to firms in Venice and Chioggia — Article 181 of the Rules of Procedure of the Court
Case C‑145/13 P Ghezzo Giovanni & C. v Commission
Appeal — State aid — Aid to firms established in Venice and Chioggia — Article 181 of the Rules of Procedure of the Court
Case C‑211/13 Commission v Germany
Failure of a Member State to fulfil obligations — Article 63 TFEU — Free movement of capital — Taxation of inheritances and gifts — National legislation providing for a higher tax-free allowance where the deceased, at the time of death, the donor or beneficiary resided on the territory of the Member State — Subject-matter of the action for annulment — Restriction — Justification
Joined Cases C‑227/13 P to C‑239/13 P Albergo Quattro Fontane and Others v Commission
Appeals — State aid — Aid to firms in Venice and Chioggia — Article 181 of the Rules of Procedure of the Court of Justice
Case C‑288/13 P Rütgers Germany and Others v ECHA
Appeals — Article 181 of the Rules of Procedure of the Court — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 59 and Annex XIII — Identification of anthracene oil as a substance of very high concern, to be made subject to the authorisation procedure — Equal treatment
Case C‑289/13 P Cindu Chemicals and Others v ECHA
Appeals — Article 181 of the Rules of Procedure of the Court — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 59 and Annex XIII — Identification of anthracene oil, anthracene low, as a substance of very high concern, to be made subject to the authorisation procedure — Equal treatment
Case C‑290/13 P Rütgers Germany and Others v ECHA
Appeals — Article 181 of the Rules of Procedure of the Court — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 59 and Annex XIII — Identification of anthracene oil (anthracene paste) as a substance of very high concern to be made subject to the authorisation procedure — Equal treatment
Case C‑351/13 Commission v Greece
Failure of a Member State to fulfil obligations — Directive 1999/74/EC — Articles 3 and 5(2) — Rearing of laying hens — Unenriched cages — Prohibition — Rearing of laying hens in cages which do not comply with the requirements of that directive
Case C‑509/13 P Metropolis Inmobiliarias y Restauraciones v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Application for registration of a figurative mark with the word element ‘METRO’ in blue and yellow — Opposition by the proprietor of the coloured Community figurative mark containing the word ‘GRUPOMETROPOLIS’ — Rejection of the opposition
Case C‑150/14 P Goldsteig Käsereien Bayerwald v OHIM
Appeal — Community trade mark — Figurative mark containing the word element ‘goldstück’ — Opposition of the proprietor of the Community word mark GOLDSTEIG — Article 8(1)(b) of Regulation (EC) No 207/2009 — No likelihood of confusion — Rejection of the opposition — Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded
Case C‑152/14 Autorità per l'energia elettrica e il gas v Bertazzi and Others
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Fixed-term employment contracts in the public sector — Stabilisation procedure — Recruitment of workers employed for a fixed term as career civil servants without a public competition — Determination of length of service — Complete disregard of periods of service completed under fixed-term employment contracts — Principle of non-discrimination
Case C‑204/14 Szabó v Nemzeti Adó- és Vámhivatal Közép-dunántúli Regionális Adó Főigazgatósága
Reference for a preliminary ruling — Tax debts accumulated by a commercial company — Director of that company could not be recruited to be a director of another company — Article 53(2) of the Rules of Procedure of the Court of Justice — Interpretation requested of provisions of EU law that are inapplicable — Manifest lack of jurisdiction of the Court — Hypothetical questions — Manifest inadmissibility
Case C‑602/12 P Gem-Year and Jinn-Well Auto-Parts (Zhejiang) v Council
Appeal — Dumping — Regulation (EC) No 384/96 — First indent of Article 2(7)(c) — Regulation (EC) No 2026/97 — Regulation (EC) No 91/2009 — Imports of certain iron or steel fasteners originating in the People’s Republic of China — Market economy treatment — Costs of major inputs substantially reflecting market values — State subsidy for the steel sector in general — Effect
Joined Cases C‑308/13 P and C‑309/13 Italiana Calzature v OHIM
Appeals — Community trade marks — Regulation (EC) No 40/94 — Registration of figurative marks containing the word elements ‘GIUSEPPE ZANOTTI DESIGN’ and ‘BY GIUSEPPE ZANOTTI’ — Opposition by the proprietor of word and figurative, national and community trade marks containing the word element ‘ZANOTTI’ — Opposition dismissed by the Board of Appeal
Case C‑199/14 Kárász v Nyugdíjfolyósító Igazgatóság
Reference for a preliminary ruling — Article 17 of the Charter of Fundamental Rights of the European Union — Implementation of EU law — Lack of implementation — Clear lack of jurisdiction of the Court
Case C‑138/14 P Faktor B. i W. Gęsina v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Actions for annulment — Original copy of the application lodged at the Registry of the General Court after the deadline set — Postal delay — Notions of ʻforce majeure and unforeseen circumstances’ — Appeal, in part, manifestly unfounded and, in part, manifestly inadmissible
October 2014
Case C‑393/13 P Council v Alumina
Appeal — Dumping — Implementing Regulation (EU) No 464/2011 — Importation of zeolite A powder originating in Bosnia and Herzegovina — Regulation (EC) No 1225/2009 — Article 2 — Determination of the normal value — Concept of ‘ordinary course of trade’
Language of the case: French
Case C‑436/13 E. v B.
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 2201/2003 — Articles 8, 12 and 15 — Jurisdiction in matters of parental responsibility — Proceedings relating to the custody of a child habitually resident in the Member State of residence of his mother — Prorogation of jurisdiction in favour of a court of the Member State of residence of the father — Scope
Request for a preliminary ruling from the Court of Appeal (England and Wales) (Civil division)
Language of the case: English
Case C‑426/12 X v Voorzitter van het managementteam van het onderdeel Belastingdienst/Z van de rijksbelastingdienst
Reference for a preliminary ruling — Directive 2003/96/EC — Taxation of energy products and electricity — Article 2(4)(b) — Dual use of energy products — Concept
Request for a preliminary ruling from the Gerechtshof ’s-Hertogenbosch
Language of the case: Dutch
Case C‑47/13 Grund v Landesamt für Landwirtschaft
Reference for a preliminary ruling — Common agricultural policy — Common rules for direct support schemes — Single payment scheme — Definition of ‘permanent pasture’ — Land used to grow grass and other herbaceous forage not part of the system of crop rotation of the holding for a minimum of five years — Land ploughed up and sown with a type of herbaceous forage other than that previously grown on it during that period
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C‑101/13 U v Stadt Karlsruhe
Area of freedom, security and justice — Regulation (EC) No 2252/2004 — Document 9303 of the International Civil Aviation Organisation (ICAO), Part 1 — Minimum security standards for passports and travel documents issued by the Member States — Machine readable passport — Inclusion of the birth name on the personal data page of the passport — Name to appear in a form not liable to give rise to confusion
Request for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg
Language of the case: German
Case C‑127/13 P Strack v Commission
Appeal — Right to be heard — Right to be heard by a court or tribunal established in accordance with the law — Access to documents held by the institutions — Partial refusal to grant the appellant access to the documents concerned — Initial refusal — Implied decision deemed to exist — Replacement of an implied refusal by express decisions — Interest in bringing proceedings after the adoption of the express refusals — Exceptions to the right of access to documents — Safeguarding the interests of good administration — Protection of personal data and commercial interests
Language of the case: German
Case C‑254/13 Orgacom v Vlaamse Landmaatschappij
Reference for a preliminary ruling — Charges having equivalent effect to customs duties — Internal taxes — Import levy on manure imported into the Flanders region — Articles 30 TFEU and 110 TFEU — Levy payable by the importer — Different levies on imported manure and manure produced within the Flanders region
Request for a preliminary ruling from the hof van beroep te Brussel
Language of the case: Dutch
Case C‑446/13 Fonderie 2A v Ministre de l'Économie et des Finances
Reference for a preliminary ruling — Sixth VAT Directive — Article 8(1)(a) — Determination of the place of supply of goods — Supplier established in a Member State other than the Member State in which the person to whom the goods are supplied is established — Processing of the goods in the Member State where the person to whom the goods are supplied is established
Request for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
Case C‑525/13 Vlaams Gewest v Van Den Broeck
Reference for a preliminary ruling — Common agricultural policy — Regulation (EC) No 2419/2001 — Integrated administration and control system for certain aid schemes — Area aid application — Article 33 — Penalties — Irregularities committed intentionally
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
Case C‑399/12 Germany v Council
Action for annulment — EU external action — Article 218(9) TFEU — Establishing the position to be adopted on behalf of the European Union in a body set up by an international agreement — International agreement to which the European Union is not a party — International Organisation of Vine and Wine (OIV) — ‘Acts having legal effects’ — OIV recommendations
Language of the case: German
Case C‑326/12 van Caster and van Caster v Finanzamt Essen-Süd
Reference for a preliminary ruling — Free movement of capital — Article 63 TFEU — Taxation of income from investment funds — Investment fund’s obligations to communicate and publish certain information — Flat-rate taxation of income from investment funds which do not comply with communication and publication obligations
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C‑222/13 TDC v Erhvervsstyrelsen
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/22/EC — Article 32 — Additional mandatory services — Compensation mechanism for the cost associated with providing those services — Meaning of ‘court or tribunal’ for the purposes of Article 267 TFEU — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Teleklagenævnet
Language of the case: Danish
Case C‑268/13 Petru v Casa Judeţeană de Asigurări de Sănătate Sibiu and Casa Naţională de Asigurări de Sănătate
Reference for a preliminary ruling — Social security — Article 22(2), second subparagraph, of Regulation (EEC) No 1408/71 — Health insurance — Hospital treatment provided in another Member State — Prior authorisation refused — Lack of medication and basic medical supplies and infrastructure
Request for a preliminary ruling from the Tribunalul Sibiu
Language of the case: Romanian
Case C‑299/13 Gielen v Ministerraad
Taxation — Directive 2008/7/EC — Articles 5(2) and 6 — Indirect taxes on the raising of capital — Tax on the conversion of bearer securities into registered securities or dematerialised securities
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
Case C‑428/13 Ministero dell'Economia e delle Finanze and AAMS v Yesmoke Tobacco
Reference for a preliminary ruling — Tax provisions — Harmonisation of laws — Directives 95/59/EC and 2011/64/EU — Structure and rates of excise duty applied to manufactured tobacco — Establishment of an excise duty — Principle establishing one rate of excise duty for all cigarettes — Possibility for the Member States of establishing a minimum amount of excise duty — Cigarettes in the lowest price category — National legislation — Specific category of cigarettes — Excise duty set at 115%
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑492/13 Traum v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling — Taxation — VAT — Directive 2006/112/EC — Article 138(1) — Exemptions for intra-Community transactions — Purchaser not registered for VAT purposes — Whether the vendor is required to establish the authenticity of the signature of the purchaser or his representative — Principles of proportionality, legal certainty and protection of legitimate expectations — Direct effect
Request for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
Case C‑522/13 Ministerio de Defensa and Navantia v Concello de Ferrol
Reference for a preliminary ruling — Competition — State aid — Article 107(1) TFEU — Concept of ‘State aid’ — Property tax on immovable property — Tax exemption
Request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo No 1 de Ferrol
Language of the case: Spanish
Case C‑541/13 Douane Advies Bureau Rietveld v Hauptzollamt Hannover
Reference for a preliminary ruling — Customs union and common customs tariff — Tariff classification — Heading 3822 — Concept of ‘diagnostic or laboratory reagents’ — Indicators of exposure to a predetermined target temperature
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C‑565/13 Criminal proceedings against Ahlström and Others
Reference for a preliminary ruling — External relations — Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco — Exclusion of any possibility for Community vessels to carry out fishing activities in Moroccan fishing zones on the basis of a licence issued by the Moroccan authorities without the intervention of the competent European Union authorities
Request for a preliminary ruling from the Hovrätten för Västra Sverige
Language of the case: Swedish
Case C‑376/14 PPU C v M
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in civil matters — Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility — Regulation (EC) No 2201/2003 — Wrongful retention — Habitual residence of the child
Request for a preliminary ruling, from the Supreme Court (Ireland)
Language of the case: English
Case C‑611/12 P Giordano v Commission
Appeals — Common fisheries policy — Fishing quotas — Emergency measures adopted by the Commission — Non-contractual liability of the European Union — Second paragraph of Article 340 TFEU — Conditions — Actual and certain harm — Individual fishing rights
Language of the case: French
Case Opinion 1/13 Opinion pursuant to Article 218(11) TFUE
Opinion pursuant to Article 218(11) TFEU - Convention on the civil aspects of international child abduction - Accession of third States - Regulation (EC) No 2201/2003 - Exclusive external competence of the European Union - Risk of undermining the uniform and consistent application of EU rules and the proper functioning of the system which they establish
Language of the case: French
Joined Cases C‑12/13 P and C‑13/13 P Buono and Others v Commission
Appeals — Common fisheries policy — Fishing quotas — Emergency measures adopted by the Commission — Non-contractual liability of the European Union — Second paragraph of Article 340 TFEU — Conditions — Actual and certain harm
Language of the case: French
Case C‑417/12 P Denmark v Commission
Appeals — EAGGF — Setting-aside of land — Remote-sensing controls — Green cover of parcels set aside — Financial corrections
Language of the case: Danish
Case C‑65/13 Parliament v Commission
Action for annulment — Regulation (EU) No 492/2011 — Implementing Decision 2012/733/EU — EURES network — Implementing power of the European Commission — Scope — Article 291(2) TFEU
Language of the case: French
Case C‑221/13 Mascellani v Ministero della Giustizia
Reference for a preliminary ruling — Social policy — Directive 97/81/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Conversion of part-time employment relationship to full-time employment relationship without the worker’s consent
Request for a preliminary ruling from the Tribunale ordinario di Trento
Language of the case: Italian
Case C‑331/13 Nicula v Administraţia Finanţelor Publice a Municipiului Sibiu and Administraţia Fondului pentru Mediu
Reference for a preliminary ruling — Repayment of taxes levied by a Member State in breach of EU law
Request for a preliminary ruling from the Tribunalul Sibiu
Language of the case: Romanian
Case C‑561/13 Hoštická and Others v Česká republika — Ministerstvo zemědělství
Reference for a preliminary ruling — Common agricultural policy — Support schemes — Establishment of support schemes in the new Member States — Regulation (EC) No 1782/2003 — Article 143ba — Regulation (EC) No 73/2009 — Article 126 — Separate sugar payment — Decoupling of that payment from production — Meaning of ‘the criteria adopted by the relevant Member States in 2006 and 2007’ — Representative period
Request for a preliminary ruling from the Obvodní soud pro Prahu 1
Language of the case: Czech
Case C‑246/14 De Bellis and Others v INPDAP
Reference for a preliminary ruling — Principle of the protection of legitimate expectations — National legislation providing for a reduction in pension entitlements with retroactive effect — Purely internal situation — Clear lack of jurisdiction of the Court
Request for a preliminary ruling from the Corte dei conti, sezione giurisdizionale per la Regione Puglia
Language of the case: Italian
Case C‑605/12 Welmory v Dyrektor Izby Skarbowej w Gdańsku
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Article 44 — Concept of ‘fixed establishment’ of the recipient of a supply of services — Place where services are deemed to be supplied to taxable persons — Intra-Community transaction
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C‑334/13 Nordex Food v Hauptzollamt Hamburg-Jonas
Reference for a preliminary ruling — Agriculture — Regulation (EC) No 800/1999 — Export refunds — Regulation (EC) No 1291/2000 — System of export licences — Export declaration submitted without an export licence — Period granted by the customs office of export — Customs documents proving the arrival of the exported goods in the country of destination — Forged documents — Rectification of irregularities — Application of the penalty referred to in Article 51 of Regulation (EC) No 800/1999
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑387/13 VAEX Varkens- en Veehandel v Productschap Vee en Vlees
Reference for a preliminary ruling — Agriculture — Regulation (EC) No 612/2009 — Export refunds — Regulation (EC) No 376/2008 — System of export licences — Export declaration submitted before the export licence was issued — Export carried out during the period of validity of the export licence — Rectification of irregularities
Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
Case C‑453/13 Newby Foods v Food Standards Agency
Protection of health — Regulation (EC) No 853/2004 — Hygiene rules for food of animal origin — Annex I, points 1.14 and 1.15 — Concepts of ‘mechanically separated meat’ and ‘meat preparations’ — Regulation (EC) No 999/2001 — Prevention, control and eradication of certain transmissible spongiform encephalopathies — Consumer protection — Directive 2000/13/EC — Labelling and presentation of foodstuffs
Request for a preliminary ruling from the High Court of Justice (England and Wales), Queen’s Bench Division (Administrative Court)
Language of the case: English
Case C‑665/13 Sindicato Nacional dos Profissionais de Seguros e Afins v Via Directa
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure — Charter of Fundamental Rights of the European Union — Principles of equal treatment and non-discrimination — National legislation establishing salary reductions for certain public sector employees — No implementation of EU law — Clear lack of jurisdiction of the Court
Request for a preliminary ruling from the Tribunal do Trabalho de Lisboa
Language of the case: Portuguese
Case C‑252/13 Commission v Netherlands
Failure of a Member State to fulfil obligations — Directives 2002/73/EC and 2006/54/EC — Equal treatment for men and women — Employment and occupation — Access to employment — Return from maternity leave — Formal requirements for the application initiating proceedings — Coherent summary of the pleas — Unambiguous wording of the form of order sought
Language of the case: Dutch
Joined Cases C‑344/13 and C‑367/13 Blanco and Fabretti v Agenzia delle Entrate – Direzione Provinciale I di Roma – Ufficio Controlli
Reference for a preliminary ruling — Freedom to provide services — Restrictions — Tax legislation — Income from winnings from games of chance — Difference in taxation between winnings obtained abroad and those from national casinos
Requests for a preliminary ruling from the commissione tributaria provinciale di Roma
Language of the case: Italian
Case C‑429/13 P Spain v Commission
Appeal — Cohesion fund — Reduction of financial assistance — Irregularities in the application of the public procurement legislation — Adoption of the decision by the European Commission — Failure to comply with the time-limit — Consequences
Language of the case: Spanish
Affaire C‑139/14 Mineralquelle Zurzach v Hauptzollamt Singen
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Classification of goods — Tariff heading 2202 10 00 — Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured — Tariff heading 2202 9010 11 — Fruit or vegetable juice diluted with water or aerated water
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
Joined Cases C‑359/11 and C‑400/11 Schulz v Technische Werke Schussental and Egbringhoff v Stadtwerke Ahaus
Reference for a preliminary ruling — Directives 2003/54/EC and 2003/55/EC — Consumer protection — Internal market in electricity and natural gas — National legislation determining the content of consumer contracts covered by a universal supply obligation — Unilateral adjustment of the price of the service by the seller or supplier — Information, with adequate notice before the adjustment comes into effect, as to the reasons and preconditions for that adjustment and its scope
Requests for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑104/13 Olainfarm v Latvijas Republikas Veselības ministrija and Zāļu valsts aģentūra
Reference for a preliminary ruling — Approximation of laws — Industrial policy — Directive 2001/83/EC — Medicinal products for human use — Article 6 — Marketing authorisation — Article 8(3)(i) — Requirement to attach to the application for authorisation the results of pharmaceutical pre-clinical tests and clinical trials — Derogations relating to pre-clinical tests and clinical trials — Article 10 — Generic medicinal products — Concept of ‘reference medicinal product’ — Whether the holder of a marketing authorisation for a reference medicinal product has an individual right to oppose the marketing authorisation of a generic of the reference product — Article 10a — Medicinal products of which the active substances have been in well-established medicinal use within the European Union for at least 10 years — Whether it is possible to use a medicinal product for which authorisation has been granted on the basis of the derogation provided for in Article 10a as a reference medicinal product for the purpose of obtaining a marketing authorisation for a generic product
Request for a preliminary ruling from the Augstākās Tiesas Senāts
Language of the case: Latvian
Case C‑302/13 flyLAL-Lithuanian Airlines v Starptautiskā lidosta and Air Baltic Corporation
Reference for a preliminary ruling — Regulation (EC) No 44/2001 — Article 31 — Request for recognition and enforcement of a judgment ordering provisional or protective measures — Article 1(1) — Scope — Civil and commercial matters — Concept — Claim for compensation in respect of damage resulting from alleged infringements of EU competition law — Reductions in airport charges — Article 22(2) — Exclusive jurisdiction — Concept — Dispute in proceedings concerning companies or other legal persons or associations of natural or legal persons — Decision granting reductions — Article 34(1) — Grounds for refusal of recognition — Public policy in the State in which recognition is sought
Request for a preliminary ruling from the Augstākās Tiesas Senāts
Language of the case: Latvian
Affaire C‑305/13 Haeger & Schmidt v MMA IARD and Others
Reference for a preliminary ruling — Rome Convention on the law applicable to contractual obligations — Article 4(1), (2), (4) and (5) — Law applicable by default — Commission contract for the carriage of goods — Contract for the carriage of goods
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C‑437/13 Unitrading v Staatssecretaris van Financiën
Reference for a preliminary ruling — Community Customs Code — Recovery of import duties — Origin of goods — Means of proof — Charter of Fundamental Rights of the European Union — Article 47 — Rights of the defence — Right to effective judicial protection — Procedural autonomy of the Member States
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Information (on unpublished decisions)
Case C‑478/13 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 2001/18/EC — Deliberate release into the environment of genetically modified organisms (GMOs) — Placing on the market — Article 31(3)(b) — Locations of GMO crops — Obligation to inform the competent authorities — Obligation to establish a public register — Cooperation in good faith
Case C‑501/13 P Page Protective Services v EEAS
Appeal — Action for annulment — Period allowed for commencing proceedings — Public service contracts — Restricted call for tenders concerning the provision of security services to the EU delegation in Lebanon — Rejection of the applicant’s request to participate — Appeal manifestly unfounded
Case C‑91/14 P Przedsiębiorstwo Handlowe Medox Lepiarz, Lepiarz v OHIM
Appeal — Community trade mark — Figurative mark SUPER GLUE — Opposition of the proprietor of the earlier Benelux word mark SUPERGLUE — Refusal of registration
Case C‑467/13 P ICF v Commission
Appeals — Agreements, decisions and concerted practices — World market in aluminium fluoride — Rights of the defence — Content of the statement of objections — Calculation of the amount of the fine — 2006 Guidelines for the calculation of fines — Point 18 — Total value of sales of goods or services in relation to the infringement — Obligation to state reasons — Reasonable time period — Reduction of the amount of the fine
Case C‑641/13 P Spain v Commission
Appeals — Cohesion fund — Reduction of financial assistance — Public works contracts — Directive 93/37/EEC — Award criteria — Experience of previous works — Criteria for qualitative selection
Case C‑171/14 P Calvi v European Court of Human Rights
Appeal — Action seeking the annulment of a decision of the European Court of Human Rights declaring inadmissible an action brought against a decision of a national court
Case C‑323/13 Commission v Italy
Failure of a Member State to fulfil obligations — Environment — Directives 1999/31/EC and 2008/98/EC — Management plan — Adequate and integrated network of disposal installations — Obligation to put in place waste treatment providing the best result for human health and environmental protection
Joined Cases C‑471/09 P-DEP to C‑473/09 P-DEP Comunidad Autónoma de la Rioja v Diputación Foral de Vizcaya and Others
Taxation of costs
Cases C‑474/09 P-DEP to C‑476/09 P-DEP Comunidad Autónoma de la Rioja v Diputación Foral de Vizcaya and Others
Taxation of costs
Case C‑100/13 Commission v Germany
Failure of a Member State to fulfil obligations — Free movement of goods — Rules of a Member State requiring that certain construction products bearing the ‘CE’ conformity marking conform to additional national standards — Lists of construction rules (‘Bauregellisten’)
Case C‑273/13 P Poland v Commission
Appeal — EAGGF, EAGF and EAFRD — Expenditure excluded from Community financing — Expenditure incurred by the Republic of Poland
Case C‑348/13 BestWater International v Mebes and Potsch
Reference for a preliminary ruling — Approximation of laws — Copyright and related rights — Directive 2001/29/EC — Information society — Harmonisation of certain aspects of copyright and related rights — Article 3(1) — Communication to the public — Definition — Internet links giving access to protected works — Use of the ‘framing’ technique
Case C‑669/13 P Mundipharma v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Application for registration of word mark Maxigesic — Opposition of the proprietor of the earlier word mark OXYGESIC — Refusal of registration
Case C‑275/13 Elcogás v Administración del Estado and Iberdrola
Reference for a preliminary ruling — State aid — Concept of State intervention or through State resources — Companies which own electricity generating plants — Extraordinary financing
Case C‑466/13 P Case C-466/13 P Repsol v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Relative ground for refusal — Likelihood of confusion — Figurative sign representing the letter ‘R’
Case C‑620/13 P British Telecommunications v Commission
Appeal — State aid — Exemption of a pension fund from the obligation to pay a contribution to a pension protection fund in respect of certain employees — Selective nature of the measure
November 2014
Case C‑476/12 Österreichischer Gewerkschaftsbund v Verband Österreichischer Banken und Bankiers
Reference for a preliminary ruling — Social policy — Framework Agreement on part-time work — Principle of non-discrimination — Collective agreement providing for a dependent child allowance — Calculation of allowance paid to part-time workers in accordance with the principle of pro rata temporis
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C‑103/13 Somova v Glaven director na Stolichno upravlenie ‘Sotsialno osiguryavane’
Reference for a preliminary ruling — Social security — Regulation (EEC) No 1408/71 — Articles 12, 45, 46 and 94 — National legislation making the grant of a pension subject to a condition that old-age insurance contributions be discontinued — Purchase of missing periods of insurance in return for the payment of contributions — Overlapping of periods of insurance in several Member States — Possibility for the insured person to waive the rule relating to the aggregation of periods of contribution and insurance — Cancellation of the pension granted and recovery of any overpayment — Requirement to pay interest
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C‑137/13 Herbaria Kräuterparadies v Freistaat Bayern
Reference for a preliminary ruling — Agriculture — Common agricultural policy — Organic production and labelling of organic products — Regulation (EC) No 889/2008 — Article 27(1)(f) — Use of certain products and certain substances in the processing of foodstuffs — Prohibition of the use of minerals, vitamins, amino acids and micronutrients where not legally required — Addition of ferrous gluconate and vitamins to an organic beverage — Use of minerals, vitamins, amino acids and micronutrients — Quantities required to allow sale as a food supplement, with a nutrition or health claim or as a foodstuff for a particular nutritional use
Request for a preliminary ruling from the Bayerisches Verwaltungsgericht München
Language of the case: German
Case C‑166/13 Mukarubega v Préfet de police and Préfet de la Seine-Saint-Denis
Reference for a preliminary ruling — Visas, asylum, immigration and other policies related to free movement of persons — Directive 2008/115/EC — Return of illegally staying third-country nationals — Procedure for the adoption of a return decision — Principle of respect for the rights of the defence — Right of an illegally staying third-country national to be heard before the adoption of a decision liable to affect her interests — Administrative authority refusing to grant such a national a resident permit as an asylum applicant and imposing an obligation to leave the territory — Right to be heard before the return decision is issued
Request for a preliminary ruling from the tribunal administratif de Melun
Language of the case: French
Case C‑311/13 Tümer v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen
Protection of employees in the event of the employer’s insolvency — Directive 80/987/EEC — Employee who is a third-country national and who does not hold a valid residence permit — Refusal to grant an insolvency benefit
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
Case C‑402/13 Cypra v Kypriaki Dimokratia
Reference for a preliminary ruling — Agriculture — Animal health — Regulation (EC) No 854/2004 — Products of animal origin intended for human consumption — Official controls — Appointment of an official veterinarian — Slaughter of animals
Request for a preliminary ruling from the Anotato Dikastirio Kyprou
Language of the case: Greek
Case C‑4/13 Agentur für Arbeit Krefeld v Fassbender-Firman
Social security — Regulation (EEC) No 1408/71 — Family benefits — Rules governing cases of overlapping entitlements to family benefits
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C‑42/13 Cartiera dell’Adda v CEM Ambiente
Public procurement — Principles of equal treatment and transparency –Directive 2004/18/EC — Grounds for excluding a tenderer from participating — Article 45 — The personal situation of the candidate or tenderer — Compulsory statement concerning the person designated as ‘technical director’ — Statement not included with the tender — Exclusion from the contract without any possibility of remedying that omission
Request for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia
Language of the case: Italian
Case C‑108/13 Mac v Ministère de l'Agriculture, de l'Agroalimentaire et de la Forêt
Free movement of goods — Quantitative restrictions — Measures having equivalent effect — Plant protection products — Marketing authorisation — Parallel import — Requirement for a marketing authorisation granted in accordance with Directive 91/414/EEC in the exporting State
Request for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
Case C‑335/13 Feakins v The Scottish Ministers
Reference for a preliminary ruling — Common agricultural policy — Single payment scheme — Commission Regulation (EC) No 795/2004 — Article 18(2) — National reserve — Exceptional circumstances — Principle of equal treatment
Request for a preliminary ruling from the Scottish Land Court
Language of the case: English
Case C‑395/13 Commission v Belgium
Failure of a Member State to fulfil obligations — Urban waste water — Directive 91/271/EEC — Articles 3 and 4 — Obligation to collect — Obligation to treat
Language of the case: French
Case C‑546/13 Agenzia delle Dogane and Ufficio di Verona dell’Agenzia delle Dogane v ADL
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Common Customs Tariff — Tariff classification — Combined Nomenclature — Headings 8471 and 8518 — Loudspeakers reproducing sound by transforming an electromagnetic signal into sound waves, which can be connected only to a computer and marketed separately
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C‑366/14 Herrenknecht v Hév-Sugár
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Manifest inadmissibility — Absence of sufficient information concerning the factual background and the reasons justifying the need for an answer to the question referred for a preliminary ruling
Request for a preliminary ruling from the Budapesti XX., XXI. és XXIII. kerületi bíróság
Language of the case: Hungarian
Case C‑333/13 Dano and Dano v Jobcenter Leipzig
Reference for a preliminary ruling — Free movement of persons — Citizenship of the Union — Equal treatment — Economically inactive nationals of a Member State residing in the territory of another Member State — Exclusion of those persons from special non-contributory cash benefits under Regulation (EC) No 883/2004 — Directive 2004/38/EC — Right of residence for more than three months — Articles 7(1)(b) and 24 — Condition requiring sufficient resources
Request for a preliminary ruling from the Sozialgericht Leipzig
Language of the case: German
Case C‑530/13 Schmitzer v Bundesministerin für Inneres
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(1) and (2)(a) — Article 6(1) — Discrimination based on age — National legislation under which inclusion of periods of study and service completed before the age of 18 for the purpose of determining remuneration is subject to an extension of the periods for advancement — Justification — Whether appropriate for the purpose of achieving the objective pursued — Possibility of challenging the extension of the periods for advancement
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C‑580/12 P Guardian Industries and Guardian Europe v Commission
Appeal — Agreements, decisions and concerted practices — Market for flat glass in the European Economic Area (EEA) — Price fixing — Calculation of the amount of the fine — Inclusion of an undertaking’s internal sales — Reasonable time — Admissibility of documents produced with a view to the General Court hearing
Language of the case: English
Case C‑140/13 Altmann and Others v Bundesanstalt für Finanzdienstleistungsaufsicht
Reference for a preliminary ruling — Approximation of laws — Directive 2004/39/EC — Article 54 — Obligation of professional secrecy incumbent on national financial supervisory authorities — Information concerning a fraudulent investment firm in compulsory liquidation
Request for a preliminary ruling from the Verwaltungsgericht Frankfurt am Main
Language of the case: German
Case C‑656/13 L v M
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Jurisdiction in matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 12(3) — Child whose parents are not married — Prorogation of jurisdiction — No other related proceedings pending — Acceptance of jurisdiction — Challenge to the jurisdiction of a court by a party who has made an application to that court
Request for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
Case C‑416/13 Vital Pérez v Ayuntamiento de Oviedo
Reference for a preliminary ruling — Social policy — Equal treatment in employment and occupation — Charter of Fundamental Rights of the European Union — Article 21 — Directive 2000/78/EC — Articles 2(2), 4(1) and 6(1) — Discrimination on grounds of age — National provision — Condition of recruitment of local police officers — Fixing of a maximum age of 30 — Justification
Request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo No 4 de Oviedo
Language of the case: Spanish
Case C‑443/13 Reindl v Bezirkshauptmannschaft Innsbruck
Reference for a preliminary ruling — Approximation of laws on animal health — Regulation (EC) No 2073/2005 — Annex I — Microbiological criteria applicable to foodstuffs — Salmonella in fresh poultry meat — Failure to comply with microbiological criteria found at the distribution stage — National legislation imposing a penalty on a food business operator active only at the stage of retail sale — Compatibility with EU law — Effective, dissuasive and proportionate nature of the penalty
Request for a preliminary ruling from the Unabhängiger Verwaltungssenat in Tirol
Language of the case: German
Case C‑447/13 P Nencini v Parliament
Appeal — Member of the European Parliament — Allowances to cover costs incurred in the exercise of parliamentary duties — Recovery of undue payments — Recovery — Limitation — Reasonable time
Language of the case: Italian
Case C‑394/14 Siewert v Condor Flugdienst
Reference for a preliminary ruling — Rules of Procedure — Article 99 — Air transport — Regulation (EC) No 261/2004 — Long delay to a flight — Passengers’ right to compensation — Conditions exempting an air carrier from its obligation to pay compensation — Notion of ‘extraordinary circumstances’ — Aircraft damaged by a set of mobile boarding stairs in the course of a preceding flight
Request for a preliminary ruling from the Amtsgericht Rüsselsheim
Language of the case: German
Case C‑404/13 ClientEarth v The Secretary of State for the Environment, Food and Rural Affairs
Reference for a preliminary ruling — Environment — Air quality — Directive 2008/50/EC — Limit values for nitrogen dioxide — Obligation to apply for postponement of the deadline by submitting an air quality plan — Penalties
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
Case C‑310/13 Novo Nordisk Pharma v S
Reference for a preliminary ruling — Directive 85/374/EEC — Consumer protection — Liability for defective products — Material scope of the directive — Special liability system existing on the date of notification of that directive — Permissibility of a national liability system enabling information on the adverse effects of pharmaceutical products to be obtained
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C‑666/13 Rohm Semiconductor v Hauptzollamt Krefeld
Reference for a preliminary ruling — Customs union — Tariff classification — Common Customs Tariff — Combined Nomenclature — Headings 8541 and 8543 — Modules for short-range data transmission and reception — Subheadings 8543 89 95 and 8543 90 80 — Definition of parts of electrical machinery and apparatus
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C‑40/14 Direction générale des douanes et droits indirects and Others v Utopia
Reference for a preliminary ruling — Customs union and Common Customs Tariff — Importation free of customs duties — Animals specially prepared for laboratory use — Public establishment or an authorised private establishment — Importer whose customers are such establishments — Packing materials or packing containers — Cages used for transportation of animals
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Joined Cases C‑103/12 and C‑165/12 Parliament and Commission v Council
Actions for annulment — Decision 2012/19/EU — Legal basis — Article 43(2) and (3) TFEU — Bilateral agreement authorising utilisation of the surplus of allowable catch — Choice of the third country that the European Union authorises to utilise living resources — Exclusive economic zone — Policy decision — Fixing fishing opportunities
Language of the case: French
Joined Cases C‑22/13, C‑61/13 to C‑63/13 and C‑418/13 Mascolo and Others v Ministero dell'Istruzione, dell'Università e della Ricerca and Comune di Napoli
References for a preliminary ruling — Social policy — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Successive fixed-term employment contracts — Education — Public sector — Temporary replacements in respect of posts that are vacant and unfilled, pending the completion of competitive selection procedures — Clause 5(1) — Measures to prevent the misuse of fixed-term contracts — Concept of ‘objective reasons’ justifying such contracts — Penalties — Prohibition of conversion into an employment relationship of indefinite duration — No right to compensation for damage
Requests for a preliminary ruling from the Tribunale di Napoli and the Corte costituzionale
Language of the case: Italian
Case C‑66/13 Green Network v Autorità per l'energia elettrica e il gas
Reference for a preliminary ruling — National support scheme for the consumption of electricity produced from renewable energy sources — Obligation of electricity producers and importers to feed into the national grid a certain quantity of electricity produced from renewable energy sources or, failing that, to purchase ‘green certificates’ from the competent authority — Evidence of such feeding into the grid requiring certificates to be submitted demonstrating the green origin of electricity produced or imported — Acceptance of certificates issued in a third State subject to the conclusion of a bilateral agreement between that third State and the Member State concerned or an agreement between the national grid manager and an equivalent authority of that third State — Directive 2001/77/EC — External competence of the Community — Cooperation in good faith
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Information (on unpublished decisions)
Case C‑254/14 VG Vodoopskrba v Vladika
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Community action in the field of water policy — Directive 2000/60/EC — Price to the consumer — Whether fixed costs can be invoiced — Facts preceding the accession of the Republic of Croatia to the European Union — Clear lack of jurisdiction of the Court
Case C‑356/14 Hunland-Trade v Földművelésügyi Miniszter
Reference for a preliminary ruling — Articles 53(2) and 94 of the Rules of Procedure of the Court of Justice — Insufficiently detailed information as regards the factual and legislative context of the dispute in the main proceedings — Manifest inadmissibility
Case C‑385/13 P Italy v Commission
Appeal — European Regional Development Fund (ERDF) — Campania Regional Operational Programme (ROP) 2000‑2006 — Regulation (EC) No 1260/1999 — Article 32(3)(f) — Infringement procedure in respect of the Italian Republic concerning waste management in the Campania region — Decision not to make interim payments in connection with the ROP measure concerning waste management and disposal
Case C‑610/13 P Netherlands v Commission
Appeal — EAGGF, EAGF and EAFRD — Expenditure excluded from EU financing — Expenditure incurred by the Netherlands
Case C‑170/14 P Big Line v Demon International
Appeals — Community trade mark — Figurative mark containing the word element ‘DEMON’ — Application for a declaration of invalidity made by the proprietor of the international word mark DEMON — Rejection by the Board of Appeal of the application for a declaration of invalidity
Case C‑190/14 Commission v Denmark
Failure of a Member State to fulfil obligations — Directive 2000/60/EC — EU water policy — River basin management plans — Publication — Failure to notify the European Commission
Case C‑243/14 Krikorian and Others
Article 267 TFEU — Direct application by the parties — Clear lack of jurisdiction of the Court
Case C‑112/14 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Freedom of establishment — Free movement of capital — Articles 49 TFEU and 63 TFEU — Articles 31 and 40 of the EEA Agreement — National tax legislation — Attribution of gains to participators in close companies — Different treatment of resident and non-resident companies — Wholly artificial constructions — Proportionality
Case C‑356/13 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources — Inadequate definition of waters which are polluted or are vulnerable to pollution — Inadequate classification of vulnerable zones — Action programmes — Deficient measures
Joined Cases C‑581/13 P and C‑582/13 P) Intra-Presse v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Article 8(5) — Word mark GOLDEN BALLS — Opposition by the proprietor of the earlier Community word mark BALLON D’OR — Relevant public — Similarity of the signs — Likelihood of confusion
December 2014
Joined Cases C‑148/13 to C‑150/13 A and Others v Staatssecretaris van Veiligheid en Justitie
References for a preliminary ruling — Area of freedom, security and justice — Directive 2004/83/EC — Minimum standards for granting refugee status or subsidiary protection status — Article 4 — Assessment of facts and circumstances — Methods of assessment — Acceptance of certain types of evidence — Extent of the competent national authority’s powers — Fear of persecution on grounds of sexual orientation — Differences between, on the one hand, the limitations that apply to the verification of statements and documentary or other evidence as regards the declared sexual orientation of an applicant for asylum and, on the other hand, those that apply to the verification of those elements as regards other grounds for persecution — Directive 2005/85/EC — Minimum standards in respect of procedures in Member States for granting and withdrawing refugee status — Article 13 — Requirements for a personal interview — Charter of Fundamental Rights of the European Union — Article 1 — Human dignity — Article 7 — Respect for private and family life
Requests for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C‑196/13 Commission v Italy
Failure of a Member State to fulfil obligations — Directives 75/442/EEC, 91/689/EEC and 1999/31/EC — Waste management — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Financial penalties — Penalty payment — Lump sum payment
Language of the case: Italian
Case C‑378/13 Commission v Greece
Failure of a Member State to fulfil obligations — Directive 75/442/EEC — Waste management — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Financial penalties — Lump sum payment and penalty payment
Language of the case: Greek
Case C‑315/13 Criminal proceedings against De Clercq and Others
Reference for a preliminary ruling — Freedom to provide services — Articles 56 TFEU and 57 TFEU — Directive 96/71/EC — Article 3(1) and (10) — Directive 2006/123/EC — Article 19 — National legislation requiring the person to whom posted employees or trainees are deployed to declare those who are unable to submit the acknowledgement of receipt of the declaration which should have been made to the host Member State by their employer established in another Member State — Criminal penalty
Request for a preliminary ruling from the rechtbank van eerste aanleg te Mechelen
Language of the case: Dutch
Case C‑431/14 P-R Greece v Commission
Interim measures — Appeal — Application for suspension of operation of a judgment dismissing an action for annulment — Application essentially seeking suspension of operation of the decision which is the subject of that action — Prima facie case — State aid — Exceptional circumstances resulting from the financial crisis — Definition of ‘aid’ — Compatibility with the internal market — Statement of reasons
Language of the case: Greek
Case C‑295/13 H v K
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Jurisdiction of the courts of a Member State in which insolvency proceedings have been opened for an action in respect of insolvency against a defendant domiciled in a non-member State — Action brought against the managing director of a company for reimbursement of payments made after that company has become insolvent or after it has been established that its liabilities exceed its assets
Request for preliminary ruling from the Landgericht Darmstadt
Language of the case: German
Case C‑413/13 FNV Kunsten Informatie en Media v Staat der Nederlanden
Reference for a preliminary ruling — Competition — Article 101 TFEU — Substantive scope — Collective labour agreement — Provision laying down minimum rates for independent service providers — Definition of ‘undertaking’ — Definition of ‘employee’
Request for a preliminary ruling from the Gerechtshof te ’s-Gravenhage
Language of the case: Dutch
Case C‑261/13 P Schönberger v Parliament
Appeal — Petition addressed to the European Parliament — Decision to file the petition — Action for annulment — Concept of a ‘challengeable act’
Language of the case: German
Case C‑678/11 Commission v Spain
Failure of a Member State to fulfil obligations — Article 56 TFEU and Article 36 of the EEA Agreement — Services offered in Spain by pension funds and insurance companies established in another Member State — Occupational pension schemes — Obligation to designate a tax representative resident in Spain — Restrictive nature — Justification — Effective fiscal supervision and prevention of tax avoidance — Proportionality
Language of the case: Spanish
Case C‑113/13 Azienda sanitaria locale n. 5 ‘Spezzino’ and Others v San Lorenzo and Croce Verde Cogema cooperativa sociale Onlus
Reference for a preliminary ruling — Ambulance services — National legislation reserving ambulance services for public health establishments to registered voluntary associations fulfilling the legal requirements on a preferential basis — Compatibility with EU law — Public procurement — Articles 49 TFEU and 56 TFEU — Directive 2004/18/EC — Mixed services, covered both by Annex II A and Annex II B to Directive 2004/18 — Article 1(2)(a) and (d) — Concept of ‘public service contracts’ — Pecuniary nature — Consideration consisting in the reimbursement of expenses incurred
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑128/13 Cruz & Companhia v IFAP and Caixa Central
Reference for a preliminary ruling — Agriculture — Regulation (EEC) No 3665/87 — Articles 4(1) and 13 — Regulation (EEC) No 2220/85 — Article 19(1)(a) — Export refunds — Advance payments on refunds — Conditions for the release of the guarantee furnished to ensure the repayment of the advance
Request for a preliminary ruling from the Tribunal da Relação de Lisboa
Language of the case: Portuguese
Case C‑212/13 Ryneš v Úřad pro ochranu osobních údajů
Reference for a preliminary ruling — Directive 95/46/EC — Protection of individuals — Processing of personal data — Concept of ‘in the course of a purely personal or household activity’
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C‑249/13 Boudjlida v Préfet des Pyrénées-Atlantiques
Reference for a preliminary ruling — Visas, asylum, immigration and other policies related to free movement of persons — Directive 2008/115/EC — Return of illegally staying third-country nationals — Principle of respect for the rights of the defence — Right of an illegally staying third-country national to be heard before the adoption of a decision liable to affect his interests — Return decision — Right to be heard before the return decision is issued — Extent of that right
Request for a preliminary ruling from the tribunal administratif de Pau
Language of the case: French
Case C‑440/13 Croce Amica One Italia v AREU
Reference for a preliminary ruling — Public services contracts — Directive 2004/18/EC — Directive 89/665/EEC — Personal situation of the candidate or tenderer — Provisional award of the contract — Criminal investigations initiated in respect of the legal representative of the successful tenderer — Decision by the contracting authority not to proceed with the definitive award of the contract and to withdraw the invitation to tender — Judicial review
Request for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia
Language of the case: Italian
Case C‑590/13 Idexx Laboratories Italia v Agenzia delle Entrate
Reference for a preliminary ruling — Indirect taxation — VAT — Sixth Directive — Articles 18 and 22 — Right to deduct — Intra-Community acquisitions — Reverse charge procedure — Substantive requirements — Formal requirements — Failure to comply with the formal requirements
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case Opinion 2/13 Opinion pursuant to Article 218(11) TFUE
Opinion pursuant to Article 218(11) TFEU — Draft international agreement — Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms — Compatibility of the draft agreement with the EU and FEU Treaties
Language of the case: French
Case C‑81/13 United Kingdom v Council
Actions for annulment — Coordination of social security systems — EEC‑Turkey Association Agreement — Council decision on the position to be taken on behalf of the European Union within the Association Council — Choice of legal basis — Article 48 TFEU — Article 79(2)(b) TFEU — Article 217 TFEU
Language of the case: English
Case C‑87/13 Staatssecretaris van Financiën v X
Reference for a preliminary ruling — Freedom of establishment — Tax legislation — Income tax — Non-resident taxpayer — Deductibility of costs relating to a historic building occupied by its owner — Costs not deductible in respect of a historic building solely on the ground that it is not listed in the State of taxation, whereas it is listed in the State of residence
Request for preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Joined Cases C‑131/13, C‑163/13 and C‑164/13 Staatssecretaris van Financiën v Schoenimport ‘Italmoda’ Mariano Previti and Turbu.com and Turbu.com Mobile Phone’s v Staatssecretaris van Financiën
References for a preliminary ruling — VAT — Sixth Directive — Transitional arrangements for trade between Member States — Goods dispatched or transported within the Community — Tax evasion carried out in the Member State of arrival — Evasion taken into account in the Member State of dispatch — Refusal of the benefit of rights to deduction, exemption or refund — Absence of provisions in national law
Requests for preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C‑133/13 Staatssecretaris van Economische Zaken and Staatssecretaris van Financiën v Q
Reference for a preliminary ruling — Free movement of capital — Tax legislation — Gift tax — Exemption in respect of an ‘estate’ — No exemption in respect of property situated in the territory of another Member State
Request for a preliminary ruling from the Raad van State (Netherlands)
Language of the case: Dutch
Case C‑202/13 McCarthy and Others v Secretary of State for the Home Department
Citizenship of the European Union — Directive 2004/38/EC — Right of citizens of the Union and their family members to move and reside freely within the territory of a Member State — Right of entry — Third-country national who is a family member of a Union citizen and in possession of a residence card issued by a Member State — National legislation requiring an entry permit to be obtained prior to entry into national territory — Article 35 of Directive 2004/38/EC — Article 1 of the Protocol (No 20) on the application of certain aspects of Article 26 of the Treaty on the Functioning of the European Union to the United Kingdom and to Ireland
Request for a preliminary ruling from the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court)
Language of the case: English
Case C‑306/13 LVP v Belgische Staat
Reference for a preliminary ruling — Common organisation of the markets — Bananas — System of importation — Applicable tariff rates
Request for a preliminary ruling from the rechtbank van eerste aanleg te Brussel
Language of the case: Dutch
Case C‑354/13 FOA v KL
Reference for a preliminary ruling — Social policy — Dismissal — Grounds for dismissal — Obesity of the worker — General principle of non-discrimination on grounds of obesity — No such general principle — Directive 2000/78/EC — Equal treatment in employment and occupation — Prohibition of any discrimination based on a disability — Whether a ‘disability’ exists
Request for a preliminary ruling from the retten i Kolding
Language of the case: Danish
Case C‑364/13 International Stem Cell Corporation v Comptroller General of Patents, Designs and Trade Marks
Reference for a preliminary ruling — Directive 98/44/EC — Article 6(2)(c) — Legal protection of biotechnological inventions — Parthenogenetic activation of oocytes — Production of human embryonic stem cells — Patentability — Exclusion of ‘uses of human embryos for industrial or commercial purposes’ — Concepts of ‘human embryo’ and ‘organism capable of commencing the process of development of a human being’
Request for a preliminary ruling from the High Court of Justice (England & Wales), Chancery Division (Patents Court)
Language of the case: English
Joined Cases C‑400/13 and C‑408/13 Sanders v Verhaegen and Huber v Huber
Reference for a preliminary ruling — Area of freedom, security and justice — Cooperation in civil matters — Regulation No 4/2009 — Article 3 — Jurisdiction to rule on an action relating to a maintenance obligation in respect of a person resident in another Member State — National legislation establishing a centralisation of jurisdiction
Requests for a preliminary ruling from the Amtsgericht Düsseldorf and the Amtsgericht Karlsruhe
Language of the case: German
Case C‑434/13 P Commission v Parker Hannifin Manufacturing and Parker-Hannifin
Appeals — Agreements, decisions and concerted practices — European market for marine hoses — Succession of legal entities — Attributability of unlawful conduct — Reduction of the fine by the General Court — Unlimited jurisdiction
Language of the case: English
Case C‑449/13 CA Consumer Finance v Bakkaus and Others
Reference for a preliminary ruling — Consumer protection — Consumer credit — Directive 2008/48/EC — Pre-contractual information duties — Obligation to check the borrower’s creditworthiness — Burden of proof — Methods of proof
Request for a preliminary ruling from the Tribunal d’instance d’Orléans
Language of the case: French
Case C‑470/13 Generali-Providencia Biztosító v Közbeszerzési Hatóság Közbeszerzési Döntőbizottság
Reference for a preliminary ruling — Public procurement — Contracts falling below the threshold laid down in Directive 2004/18/EC — Articles 49 TFEU and 56 TFEU — Applicability — Certain cross-border interest — Grounds for exclusion from a tendering procedure — Exclusion of an economic operator having committed an infringement of national competition rules, established by a judgment given not more than five years ago — Lawfulness — Proportionality
Request for preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C‑523/13 Larcher v Deutsche Rentenversicherung Bayern Süd
Reference for a preliminary ruling — Social security for migrant workers — Article 45 TFEU — Article 3(1) of Regulation (EEC) No 1408/71 — Old-age benefits — Principle of non-discrimination — Worker who, prior to retirement, has participated, in a Member State, in a part-time work scheme for older employees — Consideration for entitlement to an old-age pension in another Member State
Request for a preliminary ruling from the Bundessozialgericht
Language of the case: German
Case C‑542/13 M'Bodj v État belge
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Article 19(2) — Directive 2004/83/EC –– Minimum standards for determining who qualifies for refugee status or subsidiary protection status — Person eligible for subsidiary protection — Article 15(b) — Torture or inhuman or degrading treatment or punishment of an applicant in the country of origin — Article 3 — More favourable standards — Applicant suffering from a serious illness — No appropriate treatment available in the country of origin — Article 28 — Social protection — Article 29 — Health care
Request for a preliminary ruling from the Cour constitutionnelle (Belgium)
Language of the case: French
Case C‑551/13 SETAR v Comune di Quartu S. Elena
Reference for a preliminary ruling — Directive 2008/98/EC — Article 15 — Waste management — Possibility for the waste producer to carry out the waste treatment independently — National transposition law adopted, but not yet in force — Expiry of the transposition period — Direct effect
Request for a preliminary ruling from the Commissione tributaria provinciale di Cagliari
Language of the case: Italian
Case C‑562/13 Centre public d'action sociale d'Ottignies-Louvain-La-Neuve v Abdida
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Articles 19(2) and 47 — Directive 2004/83/EC — Minimum standards for determining who qualifies for refugee status or subsidiary protection status — Person eligible for subsidiary protection — Article 15(b) — Torture or inhuman or degrading treatment or punishment of an applicant in the country of origin — Article 3 — More favourable standards — Applicant suffering from a serious illness — No appropriate treatment available in the country of origin — Directive 2008/115/EC — Return of illegally staying third-country nationals — Article 13 — Judicial remedy with suspensive effect — Article 14 — Safeguards pending return — Basic needs
Request for a preliminary ruling from the Cour du travail de Bruxelles
Language of the case: French
Case C‑568/13 Azienda Ospedaliero-Universitaria di Careggi-Firenze v Data Medical Service
Reference for a preliminary ruling — Public service contracts — Directive 92/50/EEC — Articles 1(c) and 37 — Directive 2004/18/EC — First subparagraph of Article 1(8) and Article 55 — Concepts of ‘service provider’ and ‘economic operator’ — Public university hospital — Entity with legal personality and business and organisational autonomy — Principally non-profit-making activity — Institutional purpose of offering health services — Possibility of offering similar services on the market — Admission to participate in a tendering procedure for the award of a public contract
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C‑599/13 Somvao v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Protection of the European Union’s financial interests — Regulation (EC, Euratom) No 2988/95 — Article 4 — General budget of the European Union — Regulation (EC, Euratom) No 1605/2002 — Article 53b(2) — Decision 2004/904/EC — European Refugee Fund for the period 2005-2010 — Article 25(2) — Legal basis of the obligation to recover funds in the event of an irregularity
Request for a preliminary ruling from the Raad van State (Netherlands)
Language of the case: Dutch
Information (on unpublished decisions)
Case C‑313/14 Asprod v Dyrektor Izby Celnej w Szczecinie
Directive 92/83/EEC — Harmonisation of the structures of excise duties on alcohol and alcoholic beverages — Article 27(1)(f) — Exemption from the harmonised excise duty — Confectionary — Obligation to obtain a decision from the tax administration fixing the maximum limits for use of those products
Case C‑243/13 Commission v Sweden
Failure of a Member State to fulfil obligations — Environment — Directive 2008/1/EC — Integrated pollution prevention and control — Existing installation — Authorisation procedure — Procedures under way — Judgment of the Court establishing a failure to fulfil obligations — Non-implementation — Article 260(2) TFEU — Pecuniary penalties — Lump sum — Penalty payment
Case C‑304/13 APIA – Centrul Judeţean Timiş v Curtea de Conturi a României and Camera de Conturi a Judeţului Timiş
Agriculture — Common agricultural policy — Regulation (EC) No 1782/2003 — Direct support schemes — Conditions for the granting of the complementary national direct payments — Condition not provided for by EU legislation — Condition relating to the absence of debt falling due to the State budget and/or local budget on the date of submission of the application for aid — Not permissible
Case C‑384/13 Estación de Servicio Pozuelo 4 v GALP Energía España SAU
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Agreements, decisions and concerted practices — Article 81 EC — Exclusive distribution agreement for motor-vehicle fuels and other fuels — Regulation (EEC) No 1984/83 — Article 12(2) — Regulation (EC) No 2790/1999 — Articles 4(a) and 5(a) — Period of exclusivity — Agreement of minor importance
Case C‑513/13 P Spain v Commission
Appeal — Cohesion Fund — Project concerning the drainage and purification of the urban water of Zaragoza (Spain) — Reduction in the financial assistance — Existence of a time-limit — Failure to comply with the prescribed time-limit — Consequences
Case C‑202/14 Adiamix v Direction départementale des finances publiques de l'Orne
Reference for a preliminary ruling — State aid — Regulation (EC) No 659/1999 — Article 1(b)(v) — Tax exemption scheme for undertakings taking over a firm in difficulty — Commission decision declaring an aid scheme incompatible with the internal market — Recovery of individual aid granted under an aid scheme — Assessment of the validity of the Commission decision — Concepts of ‘existing aid’ and ‘new aid’
Case C‑259/14 P ADR Center v Commission
Appeal — Contracts for projects on the mediation procedure — Decision to proceed with partial recovery of an advance payment made to the appellant company following an audit — Inadmissibility of the action — Legal representation — Lawyer who is not a third party in relation to the appellant
Case C‑576/13 Commission v Spain
Failure of a Member State to fulfil obligations — Article 49 TFEU — Freedom of establishment — Dock-work undertakings — Management of workers for the provision of cargo-handling services — Prohibition on using workers on the employment market
Case C‑677/13 Commission v Greece
Failure of a Member State to fulfil obligations — Environment — Directive 1999/31/EC — Articles 6(a), 8, 9(a) to (c), 11(1) and 12 — Directive 2008/98/EC — Articles 13, 23 and 36(1) — Waste management — Placing of waste in landfill — No valid landfill authorisation — Malfunctions in the operation of the landfill site
Case C‑31/14 P OHIM v Kessel medintim
Appeal — Community trade mark — Opposition proceedings — Application for registration of the word mark Premeno — Opposition from the proprietor of the earlier national word mark Pramino — Limitation of the goods designated in the Community trade mark application — Regulation (EC) No 207/2009 — Article 43(1)
Case C‑70/14 Agrocaramulo – Empreendimentos Agro-Pecuários do Caramulo v IFAP
Reference for a preliminary ruling — Regulation (EEC) No 3846/87 — Agriculture — Common organisation of the markets — Export refunds — Poultry meat — ‘Cull hens’ — Agricultural product nomenclature for export refunds — Classification
Case C‑86/14 León Medialdea v Ayuntamiento de Huétor Vega
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Successive fixed-term contracts in the public sector — Clause 3.1 — Definition of ‘fixed-term worker’ — Clause 5.1 — Measures to prevent the abusive use of successive fixed-term employment contracts or relationships — Penalties — Conversion of temporary contracts into non-permanent contracts of an indefinite duration — Right to compensation
Case C‑99/14 P Carbunión v Council
Appeals — State aid — Decision 2010/787/EU — Aid to facilitate the closure of uncompetitive coal mines — Conditions for considering that aid compatible with the internal market — Article 181 of the Rules of Procedure of the Court
Case C‑253/14 P FTI Touristik v OHIM
Appeal — Community trade mark — Marque verbale BigXtra — Absolute ground for refusal of registration — No distinctive character
Case C‑282/14 Stylinart v Skarb Państwa - Wojewoda Podkarpacki and Skarb Państwa - Prezydent Miasta Przemyśla
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Award of damages to the owner of expropriated property — Harm resulting from the expropriation — No implementation of EU law — Clear lack of jurisdiction of the Court
Case C‑368/14 P Compagnie des bateaux mouches v OHIM
Appeals — Community trade mark — Figurative mark containing the word elements ‘BATEAUX-MOUCHES’ — Partial refusal of registration by the examiner — Definition of ‘relevant public’
Case C‑639/13 Commission v Poland
Failure to fulfil obligations — Directive 2006/112/EC — VAT — Reduced rate — Articles designed for fire protection
Case C‑640/13 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Recovery of taxes unduly paid under EU law — National legislation — Retroactive curtailment of the limitation period for the applicable remedies — Principle of effectiveness — Principle of the protection of legitimate expectations
January 2015
Case C-498/14 PPU Bradbrooke v Aleksandrowicz
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility — Child abduction — Regulation (EC) No 2201/2003 — Article 11(7) and (8)
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
Joined Cases C-401/12 P to C-403/12 P Council and Others v Vereniging Milieudefensie and Stichting Stop Luchtverontreiniging Utrecht
Appeals — Directive 2008/50/EC — Directive on ambient air quality and cleaner air for Europe — Decision regarding the notification by the Kingdom of the Netherlands of the postponement of the deadline for attaining the limit values for nitrogen dioxide and the exemption from the obligation to apply the limit values for particulate matter (PM10) — Request for internal review of that decision, submitted pursuant to Regulation (EC) No 1367/2006 — Commission decision declaring the request inadmissible — Measure of individual scope — Aarhus Convention — Validity of Regulation (EC) No 1367/2006 in the light of that convention
Language of the case: Dutch
Joined Cases C-404/12 P and C-405/12 P Council and Commission v Stichting Natuur en Milieu and Pesticide Action Network Europe
Appeal — Regulation (EC) No 149/2008 — Regulation setting maximum residue levels for pesticides — Request for internal review of that regulation, submitted pursuant to Regulation (EC) No 1367/2006 — Commission decision declaring the request inadmissible — Measure of individual scope — Aarhus Convention — Validity of Regulation (EC) No 1367/2006 in the light of that convention
Language of the case: Dutch
Case C-171/13 Uwv v Demirci and Others
Request for a preliminary ruling — EEC-Turkey Association Agreement — Social security for migrant workers — Waiver of residence clauses — Supplementary benefits granted under national legislation — Residence requirement — Application to Turkish former workers — Turkish nationals having acquired the nationality of the host Member State
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
Case C-518/13 Eventech v The Parking Adjudicator
Reference for a preliminary ruling — Competition — State aid — Article 107(1) TFEU — Practice of permitting London taxis to use bus lanes while prohibiting private hire vehicles from doing so — Concept of State aid — State resources — Economic advantage — Selective advantage — Effect on trade between Member States
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
Case C-179/13 Raad van bestuur van de Sociale verzekeringbank v Evans
Reference for a preliminary ruling — Determination of the social security legislation applicable to a worker — Regulation (EEC) No 1408/71 — Applicability — Employment of a national of a Member State at the consulate of a third State in the territory of another Member State in whose territory he resides — Vienna Convention on consular relations — Article 71(2) — National legislation according facilities, privileges and immunities to permanent residents
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
Case C-537/13 Šiba v Devėnas
Reference for a preliminary ruling — Directive 93/13/EEC — Scope — Consumer contracts — Contract for the provision of legal services concluded between a lawyer and a consumer
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-573/13 Air Berlin v Verbraucherzentrale Bundesverband
Reference for a preliminary ruling — Regulation (EC) No 1008/2008 — Air services — Second sentence of Article 23(1) — Price transparency — Computerised booking system — Air fares — Indication at all times of the final price
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-631/13 Forsgren v Österreichisches Patentamt
Reference for a preliminary ruling — Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — ‘Active ingredient’ — Pneumococcal conjugate vaccine — Paediatric use — Carrier protein — Covalent binding
Request for a preliminary ruling from the Oberster Patent- und Markensenat
Language of the case: German
Case C-30/14 Ryanair v PR Aviation
Reference for a preliminary ruling — Directive 96/9/EC — Legal protection of databases — Database not protected by copyright or the sui generis right — Contractual limitation on the rights of users of the database
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Joined Cases C-482/13, C-484/13, C-485/13 and C-487/13 Unicaja Banco v Hidalgo Rueda and Others and Caixabank v Rueda Ledesma and Others
Reference for a preliminary ruling — Directive 93/13/EEC — Contracts concluded between sellers or suppliers and consumers — Mortgage contracts — Default interest clauses — Unfair terms — Mortgage enforcement proceedings — Moderation of the amount of interest — Powers of the national court
Requests for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción de Marchena
Language of the case: Spanish
Case C-529/13 Felber v Bundesministerin für Unterricht, Kunst und Kultur
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Article 2(1) and (2)(a) and Article 6(1) and (2) — Difference of treatment on grounds of age — Civil service — Pension scheme — National legislation precluding the taking into account of periods of school education completed before the age of 18
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-282/13 T-Mobile Austria v Telekom-Control-Kommission
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/20/EC — Article 5(6) — Rights of use for radio frequencies and numbers — Directive 2002/21/EC — Article 4(1) — Right of appeal against a decision of a national regulatory authority — Meaning of ‘undertaking affected by a decision of a national regulatory authority’ — Article 9b — Transfer of individual rights to use radio frequencies — Reallocation of rights to use radio frequencies following the merger of two undertakings
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Joined Cases C-401/13 and C-432/13 Balazs v Casa Judeţeană de Pensii Cluj and Casa Judeţeană de Pensii Cluj v Balazs
References for a preliminary ruling — Social security for migrant workers — Regulation (EEC) No 1408/71 — Article 7(2)(c) — Applicability of social security conventions between Member States — Repatriated refugee whose country of origin is a Member State — Completion of periods of employment in the territory of another Member State — Application for grant of an old-age benefit — Refusal
Requests for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
Case C-419/13 Art & Allposters International v Pictoright
Reference for a preliminary ruling — Intellectual property — Copyright and related rights — Directive 2001/29/EC — Article 4 — Distribution rights — Exhaustion rule — Concept of ‘object’ — Transfer of the image of a protected work from a paper poster to a painter’s canvas — Replacement of the medium — Impact on exhaustion
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-441/13 Hejduk v EnergieAgentur.NRW
Reference for a preliminary ruling — Regulation (EC) No 44/2001 –Article 5(3) — Special jurisdiction in matters relating to tort, delict or quasi-delict — Copyright — Dematerialised content — Placing online — Determination of the place of the event giving rise to the damage — Criteria
Request for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
Case C-463/13 Stanley International Betting and Stanleybet Malta v Ministero dell'Economia e delle Finanze and Agenzia delle Dogane e dei Monopoli di Stato
Reference for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gambling — National rules — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences with a period of validity shorter than that of previous licences — Restriction — Overriding reasons in the public interest — Proportionality
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-55/14 Régie communale autonome du stade Luc Varenne v État belge
Reference for a preliminary ruling — Directive 77/388/EEC — VAT — Exemptions — Article 13B(b) — Concept of ‘exempted letting of immovable property’ — Provision, for consideration, of a football stadium — Contract for provision reserving certain rights and prerogatives to the owner — Supply, by the owner, of various services representing 80% of the charge specified in the contract
Request for a preliminary ruling from the Cour d'appel de Mons
Language of the case: French
Case C-375/13 Kolassa v Barclays Bank
Area of freedom, security and justice — Regulation (EC) No 44/2001 — Jurisdiction in civil and commercial matters — Consumer contracts — Consumer, domiciled in one Member State, having purchased securities issued by a bank in another Member State from an intermediary established in a third Member State — Jurisdiction for actions brought against the bank that issued those securities
Request for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
Case C-417/13 ÖBB Personenverkehr v Starjakob
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(1) and (2)(a) — Article 6(1) — Discrimination based on age — National legislation under which inclusion of periods of service completed before the age of 18 for the purpose of determining remuneration is subject to an extension of the periods for advancement — Justification — Whether appropriate for the purpose of achieving the objective pursued — Possibility of challenging the extension of the periods for advancement
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-688/13 Gimnasio Deportivo San Andrés
Reference for a preliminary ruling ‒ Article 99 of the Rules of Procedure of the Court of Justice ‒ Transfer of undertaking ‒ Safeguarding of employees’ rights ‒ Interpretation of Directive 2001/23/EC ‒ Transferor who is the subject of insolvency proceedings ‒ Guarantee that the transferee is not to be liable for certain debts of the undertaking transferred
Request for a preliminary ruling from the Juzgado de lo Mercantil No 3 de Barcelona
Language of the case: Spanish
Information (on unpublished decisions)
Case C-320/14 P Asos v OHIM
Appeal — Community trade mark — Word mark ASOS — Opposition by the proprietor of the Community word mark ASSOS — Partial refusal to register — Assessment of the facts and evidence by the General Court of the European Union — Challenge — Distortion of the facts or evidence — No distortion — Appeal manifestly inadmissible
Case C-57/14 P Recaro v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Articles 15(1) and 51(1)(a) — Word mark RECARO — Application for revocation — Partial refusal by the Board of Appeal of OHIM
Joined Cases C-587/13 P and C-588/13 P Banco Bilbao Vizcaya Argentaria and Telefónica v Commission
Appeal — Aid scheme provided for under Spanish tax legislation — Corporate tax provision which enables undertakings established in Spanish territory to write off the goodwill resulting from the acquisition of a shareholding in undertakings which are not established in that territory — Decision declaring the State aid scheme incompatible with the internal market
Case C-311/14 P Longevity Health Products v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) —Application for registration of the Community word mark MENOCHRON — Opposition of the proprietor of the earlier Community word mark MENODORON — Likelihood of confusion
Case C-494/13 P GRE v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Figurative mark in colour including the word elements ‘LIBERTE american blend’ on a blue background — Opposition by the proprietor of the Community figurative mark including the word elements ‘La LIBERTAD’ — Refusal of registration
Case C-495/13 P GRE v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Figurative mark in colour, consisting of the verbal components ‘LIBERTE american blend’ on a red background — Opposition by the holder of the Community trade mark ‘La LIBERTAD’ — Refusal of registration
Case C-496/13 P GRE v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Figurative mark in colour, consisting of the verbal components ‘LIBERTE brunes’ on a blue background — Opposition by the holder of the Community word and figurative marks La LIBERTAD — Refusal of registration
Case C-411/14 P Pisciotti v Commission
Appeal — Article 181 Rules of Procedure of the Court of Justice — Actions for annulment — Refusal of the European Commission to bring infringement proceedings — Inadmissibility — Appeal in part manifestly unfounded and in part manifestly inadmissible
February 2015
Case C-172/13 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Article 49 TFEU — Article 31 of the EEA Agreement — Corporation tax — Groups of companies — Group relief — Transfer of losses sustained by a non-resident subsidiary — Conditions — Date to be used for determining whether the losses of the non-resident subsidiary are definitive
Language of the case: English
Case C-647/13 Office national de l'emploi v Melchior
Reference for a preliminary ruling — Social security — Conditions governing eligibility for unemployment benefit in a Member State — Taking into account periods of work completed as a member of the contract staff of an institution of the European Union which is established in that Member State — Treatment of days of unemployment for which an allowance is paid under the Conditions of Employment of Other Servants of the European Communities as working days — Principle of sincere cooperation
Request for a preliminary ruling from the Cour du travail de Bruxelles
Language of the case: French
Case C-498/13 Agrooikosystimata v Ypourgos Oikonomias kai Oikonomikon and Others
Reference for a preliminary ruling — Agriculture — Common agricultural policy — Regulation (EEC) No 2078/92 — Agricultural production methods meeting the requirements of environmental protection and upkeep of the countryside — Long-term set-aside of agricultural land for purposes connected with the environment — Agri-environmental aid paid to farmers and cofinanced by the European Union — Status as recipient of such aid
Request for a preliminary ruling from the Simvoulio tis Epikratias
Language of the case: Greek
Joined Cases C-627/13 and C-2/14 M. and Others
Request for a preliminary ruling — Drug precursors — Monitoring of trade between the Member States — Regulation (EC) No 273/2004 — Monitoring of trade between the European Union and third countries — Regulation (EC) No 111/2005 — Trade in medicinal products containing ephedrine or pseudoephedrine — Definition of ‘scheduled substance’ — Composition — Exclusion of all medicinal products or only those containing scheduled substances and the composition of which does allow those substances to be readily extracted — Directive 2001/83/EC — Definition of ‘medicinal product’
Requests for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-655/13 Mertens v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen
Reference for a preliminary ruling — Social security — Regulation (EEC) No 1408/71 — Article 71 — Concept of a ‘partially unemployed frontier worker’ — Refusal of the Member State of residence and of the competent Member State to grant unemployment benefit
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
Case C-117/14 Nisttahuz Poclava v Ariza Toledano
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — National legislation providing for an employment contract of indefinite duration with a probationary period of one year — Implementation of EU law — None — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Juzgado de lo Social No 23 de Madrid
Language of the case: Spanish
Case C-317/14 Commission v Belgium
Failure of a Member State to fulfil obligations — Article 45 TFEU — Regulation (EU) No 492/2011 — Freedom of movement for workers — Access to employment — Local public service — Linguistic knowledge — Means of proof
Language of the case: French
Case C-340/13 bpost v IBPT
Reference for a preliminary ruling — Postal services — Directive 97/67/EC — Article 12 — Universal service provider — Quantity discounts — Application to intermediaries who consolidate postal items — Requirement of non‑discrimination
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
Case C-531/13 Marktgemeinde Straßwalchen and Others v Bundesminister für Wirtschaft, Familie und Jugend
Environment — Directive 85/337/EEC — Assessment of the effects of certain public and private projects on the environment — Projects which must be made subject to an assessment — Exploratory drillings — Annex I, No 14 — Concept of ‘extraction of petroleum and natural gas for commercial purposes’ — Obligation to conduct an assessment in the case of extraction of a certain quantity of gas — Annex II, No 2(d) — Concept of ‘deep drillings’ — Annex III, No 1 — Concept of ‘cumulation with other projects’
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-114/13 Bouman v Rijksdienst voor Pensioenen
Reference for a preliminary ruling — Social security — Regulation (EEC) No 1408/71 — Old age and survivors’ insurance — Article 46a(3)(c) — Award of benefits — National rules against overlapping — Derogation — Concept of ‘voluntary insurance or continued optional insurance’ — National pension under a compulsory insurance scheme — Possibility of requesting an exemption from affiliation for a certain period — Scope of the statement issued by the competent institution of another Member State — Regulation (EEC) No 574/72 — Article 47
Request for a preliminary ruling from the Arbeidshof te Antwerpen
Language of the case: Dutch
Case C-134/13 Raytek and Fluke Europe v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Infrared thermal imagers
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Case C-336/13 P Commission v IPK International
Appeals — Commission decision ordering the repayment of financial assistance — Compliance with a judgment of the General Court of the European Union — Distinction between default interest and compensatory interest — Calculation of interest
Language of the case: German
Case C-349/13 Minister Finansów v Oil Trading Poland
Reference for a preliminary ruling — Excise duties — Directives 92/12/EEC and 2008/118/EC — Scope — Mineral oils and energy products — Lubricating oils used for purposes other than as motor fuels or as heating fuels — Not included — Excise duty levied on the consumption of energy products, imposed by a Member State in accordance with the harmonised excise duty arrangements — Concept of ‘formalities connected with the crossing of frontiers’ — Article 110 TFEU — Shorter payment deadline in certain cases for intra-Community purchases than for products acquired on the domestic market
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-369/13 Gielen and Others
Reference for a preliminary ruling — Drug precursors — Monitoring of trade between the Member States — Regulation (EC) No 273/2004 — Monitoring of trade between the European Union and third countries — Regulation (EC) No 111/2005 — Concept of ‘scheduled substance’ — Substance ‘alpha-phenylacetoacetonitrile’ (APAAN) — Scheduled substance ‘1-phenyl-2-propanone’ (BMK)
Request for a preliminary ruling from the Rechtbank Oost-Brabant ’s-Hertogenbosch
Language of the case: Dutch
Case C-396/13 Sähköalojen ammattiliitto v Elektrobudowa Spolka Akcyjna
Reference for a preliminary ruling — Articles 56 TFEU and 57 TFEU — Directive 96/71/EC — Articles 3, 5 and 6 — Workers of a company with its seat in Member State A, posted to carry out works in Member State B — Minimum wage provided for by the collective agreements of Member State B — Locus standi of a trade union with its seat in Member State B — Legislation of Member State A prohibiting the assignment to a third party of claims relating to pay
Request for a preliminary ruling from the Satakunnan käräjäoikeus
Language of the case: Finnish
Case C-539/13 Merck Canada and Merck Sharp & Dohme v Sigma Pharmaceuticals
Reference for a preliminary ruling — 2003 Act of Accession to the European Union — Annex IV — Chapter 2 — Specific Mechanism — Importation of a patented pharmaceutical product — Prior notification requirement
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
Case C-567/13 Baczó and Vizsnyiczai v Raiffeisen Bank
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Article 7 — Mortgage loan agreement — Arbitration clause — Unfairness — Action by consumer — National procedural rule — Lack of jurisdiction of the court hearing the action by a consumer for a declaration of invalidity of a standard contract to hear the application for a declaration of unfairness of terms in the same contract
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-662/13 Surgicare - Unidades de Saúde v Fazenda Pública
Reference for a preliminary ruling — VAT — Directive 2006/112/EC — Deduction of input tax — Transactions constituting an abusive practice — National tax law — Special national procedure where the existence of abusive practices is suspected in the field of taxation — Principles of effectiveness and equivalence
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-35/14 P Enercon v Gamesa Eólica
Appeal — Community trade mark — Appeal brought by an ‘other party to the proceedings before the Board of Appeal’ which did not lodge a response before the General Court — Not an intervener before the General Court — Appeal manifestly inadmissible
Language of the case: English
Case C-48/14 Parliament v Council
Action for annulment — Directive 2013/51/Euratom — Choice of legal basis — EAEC Treaty — Articles 31 EA and 32 EA — FEU Treaty — Article 192(1) TFEU — Protecting human health — Radioactive substances in water intended for human consumption — Legal certainty — Sincere cooperation among the institutions
Language of the case: French
Case C-512/13 Sopora v Staatssecretaris van Financiën
Reference for a preliminary ruling — Freedom of movement for workers — Article 45 TFEU — Equal treatment of non-resident workers — Tax advantage consisting in the exemption of reimbursements paid by the employer — Advantage granted on a flat-rate basis — Workers from a Member State other than that of the place of work — Requirement of residence at a certain distance from the border of the Member State of the place of work
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-559/13 Finanzamt Dortmund-Unna v Grünewald
Reference for a preliminary ruling — Free movement of capital — Direct taxation — Income tax — Deductibility of support payments made in consideration for a gift by way of anticipated succession — Exclusion of non-residents
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-143/13 Matei v Volksbank România
Directive 93/13/EEC — Unfair terms in contracts concluded between a seller or supplier and a consumer — Article 4(2) — Assessment of the unfairness of contractual terms — Exclusion of terms relating to the main subject-matter of the contract or the adequacy of the price and remuneration as long as they are in plain intelligible language — Terms including a ‘risk charge’ charged by the lender and authorising it, under certain conditions, unilaterally to alter the interest rate
Request for a preliminary ruling from the Tribunalul Specializat Cluj
Language of the case: Romanian
Joined Cases C-144/13, C-154/13 and C-160/13 VDP Dental Laboratory v Staatssecretaris van Financiën and Staatssecretaris van Financiën v X and Nobel Biocare Nederland
Reference for a preliminary ruling — Value added tax — Deductions — Exemptions — Supplies of dental prostheses
Requests for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-359/13 Martens v Minister van Onderwijs, Cultuur en Wetenschap
Reference for a preliminary ruling — Freedom of movement for persons — Articles 20 TFEU and 21 TFEU — National of a Member State — Residence in another Member State — Studies pursued in an overseas country or territory — Maintenance of the grant of funding for higher education — ‘Three-out-of-six-years’ residence rule — Restriction — Justification
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
Case C-472/13 Shepherd v Bundesrepublik Deutschland
Reference for a preliminary ruling — Area of freedom, security and justice — Asylum — Directive 2004/83/EC — Article 9(2)(b), (c), and (e) — Minimum standards for the qualification and status of third-country nationals or stateless persons as refugees — Conditions for obtaining refugee status — Acts of persecution — Criminal penalties for a member of the armed forces of the United States for refusing to serve in Iraq
Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
Case C-515/13 Ingeniørforeningen i Danmark v Tekniq
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(1) and (2)(a) — Article 6(1) — Difference of treatment on grounds of age — National legislation providing for severance allowance not to be paid to workers entitled on the date of termination of the employment relationship to a State retirement pension
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-564/13 P Planet v Commission
Appeal — Article 340, first paragraph, TFEU — Contractual liability of the European Union — Article 272 TFEU — Arbitration clause — Sixth framework programme for research, technological development and demonstration activities — Contracts relating to the Ontogov, FIT and RACWeb projects — Eligible costs and amounts advanced by the Commission — Declaratory action — No vested and current interest in bringing proceedings
Language of the case: Greek
Case C-623/13 Ministre de l'Économie et des Finances v de Ruyter
Reference for a preliminary ruling — Social security — Regulation (EEC) No 1408/71 — Article 4 — Substantive scope — Levies on income from assets — General social contribution — Social debt repayment contribution — Social levy — Additional contribution to the social levy — Participation in the financing of compulsory social security schemes — Direct and sufficiently relevant link with some branches of social security
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-691/13 Les Laboratoires Servier v Ministre des Affaires sociales et de la Santé and Ministre de l'Économie et des Finances
Reference for a preliminary ruling — Medicinal products for human use –Directive 89/105/EEC — Article 6(2) — Establishment of a list of medicinal products reimbursed by the health insurance funds — Amendment of the conditions of reimbursement of a medicinal product when renewing its inclusion in such a list — Obligation to state reasons
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-6/14 Wucher Helicopter and Euro-Aviation Versicherung v Santer
Reference for a preliminary ruling — Regulation (EC) No 785/2004 — Air carriers and aircraft operators — Insurance — Requirements — Definitions of ‘passenger’ and ‘member of the crew’ — Helicopter — Carriage of an expert in the blasting of avalanches using explosives — Injury suffered during a work flight — Compensation
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-41/14 Christie’s France v Syndicat national des antiquaires
Reference for a preliminary ruling — Directive 2001/84/EC — Article 1 — Intellectual property — Sale at auction of original works of art — Resale right for the benefit of the author of an original work of art — Person liable for the resale royalty — Buyer or seller — Derogation by agreement
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-43/14 ŠKO–Energo v Odvolací finanční ředitelství
Reference for a preliminary ruling — Protection of the ozone layer — Scheme for greenhouse gas emission allowance trading within the European Union — Method of allocating allowances — Allocation of allowances free of charge — Application of gift tax to such an allocation
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-104/14 Ministero delle Politiche Agricole, Alimentari e Forestali v Federazione Italiana Consorzi Agrari and Liquidazione Giudiziale dei Beni Ceduti ai Creditori della Federazione Italiana Consorzi Agrari
Reference for a preliminary ruling — Third paragraph of Article 288 TFEU — Combating late payments in commercial transactions — Directive 2000/35/EC — Articles 2, 3 and 6 — Directive 2011/7/EU — Articles 2, 7 and 12 — Legislation of a Member State capable of modifying, to the detriment of a creditor of the State, the interest on a debt predating those directives
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-238/14 Commission v Luxembourg
Failure of a Member State to fulfil obligations — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Occasional workers in the entertainment arts — Successive fixed-term employment contracts — Clause 5(1) — Measures to prevent the abusive use of successive fixed-term contracts — Concept of ‘objective grounds’ justifying such contracts
Language of the case: French
Information (on unpublished decisions)
Case C-68/14 Equitalia Nord v CLR di Camelliti Serafino & C.
Reference for a preliminary ruling — Articles 106 TFEU and 107 TFEU — Competition — Concept of ‘State aid’ — National legislation — Use of buildings for institutional purposes — Rent reduction — Factual and regulatory background to the dispute in the main proceedings — Lack of sufficient information — Need for a reply to the questions referred — Lack of information — Manifest inadmissibility
Case C-275/14 Jednostka Innowacyjno-Wdrożeniowa Petrol v Minister Finansów
Reference for a preliminary ruling — Taxation or energy products — Directive 2003/96/EC — Article 2(3) — Direct effect — Fuel additives coming under heading 3811 of the CN
Case C-296/14 P Greece v Commission
Appeal — State aid — Interest-free loans, backed by a State guarantee, granted by the Greek authorities to operators in the cereals sector — Decision declaring the aid incompatible with the internal market — Action manifestly inadmissible and manifestly unfounded
Case C-420/14 P Jyoti Ceramic Industries v OHIM
Appeals — Article 181 of the Rules of Procedure — Community trade mark — Opposition proceedings — Figurative trade mark containing the word element ‘ZIECON’ — Opposition by the proprietor of the word mark CERCON — Likelihood of confusion –Regulation No (EC) No 207/2009 — Article 8(1)(b
Case C-451/14 Petrus v Republika Bulgaria
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Charter of Fundamental Rights of the European Union — No implementation of EU law — Clear lack of jurisdiction of the Court
Case C-175/13 Liivimaa Lihaveis v Eesti-Läti
Reference for a preliminary ruling — Article 267 TFEU — Action against a decision ordering a reference for a preliminary ruling — No case pending before the court hearing that action — Manifest inadmissibility
Case C-305/14 Băbășan v Inspectoratul Județean de Poliție Satu Mare
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — National legislation according to which prior authorisation is required for the organisation of a public meeting — Failure to implement EU law — Manifest lack of jurisdiction of the Court of Justice
Case C-621/13 P Orange v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid –Compensation for public service costs relating to the establishment and operation of a very-high-speed broadband electronic communications network
Case C-624/13 P Iliad and Others v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Compensation for the costs of providing a public service for the establishment and operation of a very-high-speed broadband electronic communications network
Case C-651/13 Lb Group v Ministero dell'Economia e delle Finanze and Others
Reference for a preliminary ruling — Article 99 of the Rules of Procedure– Identical questions referred — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Games of chance — National legislation — Reorganisation of the licencing system through an alignment of licence expiry dates — New call for tenders — Licences with a shorter period than that of licences awarded in the past — Restriction — Overriding reasons of general interest — Proportionality
Case C-652/13 Saba
Reference for a preliminary ruling — Article 99 of the Rules of Procedure — Identical questions referred — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Games of chance — National legislation — Reorganisation of the licencing system through an alignment of licence expiry dates — New call for tenders — Licences with a shorter period than that of licences awarded in the past — Restriction — Overriding reasons of general interest — Proportionality
Case C-37/14 Commission v France
Failure of a Member State to fulfil obligations — State aid — ‘Contingency plans’ — Fruit and vegetable sector — Unlawful aid incompatible with the internal market — Recovery — Failure to act
Case C-327/14 P Meister v Commission
Appeal — Order of inadmissibility delivered by the General Court of the European Union — Action for annulment brought by an individual — Failure on the part of the European Commission to act on the complaint
Case C-370/14 P Argo Group International Holdings v OHIM
Appeals — Community trade mark — Figurative mark in colour including the word element ‘ARIS’ — Opposition by the proprietor of the Community figurative mark in red and blue including the word elements ‘ARISA ASSURANCES S.A.’ — Refusal of registration
Case C-374/14 P Walcher Meßtechnik v OHIM
Appeal — Rules of Procedure of the Court — Article 181 — Community trade mark — Application for Community word mark HIPERDRIVE — Absolute grounds for refusal — Descriptive character — Regulation (EC) No 207/2009 — Article 7(1)(c) — General principle of equal treatment
Case C-457/14 Concu and Melis
Reference for a preliminary ruling — Article 99 of the Rules of Procedure — Identical questions referred — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Games of chance — National legislation — Reorganisation of the licencing system through an alignment of licence expiry dates — New call for tenders — Licences with a shorter period than that of licences awarded in the past — Restriction — Overriding reasons of general interest — Proportionality
Case C-478/14 Siddu
Reference for a preliminary ruling — Article 99 of the Rules of Procedure — Identical questions — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Games of chance — National rules — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences with a period of validity shorter than that of licences awarded in the past — Restriction — Compelling reasons of general interest — Proportionality
Case C-480/14 Sogno di Tolosa and Others v Ministero dell'Economia e delle Finanze and Agenzia delle Dogane e dei Monopoli di Stato
Reference for a preliminary ruling — Article 99 of the Rules of Procedure — Identical questions referred– Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Games of chance — National legislation — Reorganisation of the licencing system through an alignment of licence expiry dates — New call for tenders — Licences with a shorter period than that of licences awarded in the past — Restriction — Overriding reasons of general interest — Proportionality
Case C-164/14 P Pesquerias Riveirenses and Others v Council
Appeal — Fisheries policy — Conservation of fishery resources — Fish stocks which are subject to international negotiations or agreements — Amalgamation of the northern and southern components of the stock of blue whiting in the north-east Atlantic in order to establish the TAC — Admissibility of the action — Measure not directly concerning individuals — Appeal manifestly unfounded
Case C-221/14 P H v Court of Justice
Appeal — Emoluments applicable to members of the Court of Justice of the European Union — Former member of the Civil Service Tribunal — Application for membership of the Joint Sickness Insurance Scheme (JSIS) — Decision — Refusal — Appeal procedures — Lateness — Inadmissibility
Case C-414/14 P Fundação Calouste Gulbenkian v OHIM
Appeal — Community trade mark — Word mark GULBENKIAN — Opposition by the owner of the well-known trade mark, company name and national logos including the word elements ‘FUNDAÇÃO CALOUSTE GULBENKIAN’ — Partial rejection of the opposition — Admissibility of evidence adduced for the first time before the General Court — Likelihood of confusion
March 2015
Case C-534/13 Ministero dell'Ambiente e della Tutela del Territorio e del Mare and Others v Fipa Group and Others
Reference for a preliminary ruling — Article 191(2) TFEU — Directive 2004/35/EC — Environmental liability — National legislation under which no provision is made for the administrative authorities to require owners of polluted land who have not contributed to that pollution to carry out preventive and remedial measures, and the sole obligation imposed concerns the reimbursement of the measures undertaken by those authorities — Whether compatible with the ‘polluter pays’ principle, the precautionary principle and the principles that preventive action should be taken and that environmental damage should be rectified at source as a matter of priority
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-547/13 Oliver Medical v Valsts ieņēmumu dienests
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Common Customs Tariff — Tariff classification — Combined Nomenclature — Headings 8543, 9018 and 9019 — Laser and ultrasonic appliances and their parts and accessories
Request for a preliminary ruling from the Administratīvā rajona tiesa
Language of the case: Latvian
Case C-463/12 Copydan Båndkopi v Nokia Danmark
Reference for a preliminary ruling — Copyright and related rights — Directive 2001/29/EC — Articles 5(2)(b) and 6 — Reproduction right — Exception — Copying for private use — Reproductions made with the aid of mobile telephone memory cards — Fair compensation — Levy on reproduction media — Equal treatment — Reimbursement of the levy — Minimal prejudice
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Joined Cases C-93/13 P and C-123/13 P Commission v Versalis and Eni and Versalis and Eni v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Chloroprene rubber market — Succession of production entities — Imputability of the unlawful conduct — Fines — Repeated infringement — Unlimited jurisdiction
Language of the case: Italian
Case C-343/13 Modelo Continente Hipermercados v ACT
Reference for a preliminary ruling — Rules on mergers of public limited liability companies — Directive 78/855/EEC — Merger by acquisition — Article 19 — Effects — Transfer of all the assets and liabilities of the company being acquired to the acquiring company — Infringement by the company being acquired prior to its acquisition — Administrative decision finding infringement post-acquisition — National law — Transfer of the acquired company’s liability for administrative offences — Lawfulness
Request for a preliminary ruling from the Tribunal do Trabalho de Leiria
Language of the case: Portuguese
Case C-479/13 Commission v France
Failure of a Member State to fulfil obligations — Taxation — VAT — Application of a reduced rate — Supply of digital books or electronic books
Language of the case: French
Case C-502/13 Commission v Luxembourg
Failure of a Member State to fulfil obligations — Taxation — VAT — Application of a reduced rate — Supply of digital books or electronic books
Language of the case: French
Joined Cases C-503/13 and C-504/13 Boston Scientific Medizintechnik v AOK Sachsen-Anhalt – Die Gesundheitskasse and Betriebskrankenkasse
Reference for a preliminary ruling — Consumer protection — Liability for damage caused by defective products — Directive 85/374/EEC — Articles 1, 6(1) and section (a) of the first paragraph of Article 9 — Pacemakers and implantable cardioverter defibrillators — Risk of product failure — Personal injury — Removal of the allegedly defective product and replacement with another product — Reimbursement of the costs of the operation
Requests for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-553/13 Tallinna Ettevõtlusamet v Statoil Fuel & Retail
Reference for a preliminary ruling — Indirect taxation — Excise duties — Directive 2008/118/EC — Article 1(2) — Liquid fuel subject to excise duty — Sales tax — Concept of ‘specific purpose’ — Predetermined allocation — Organisation of public transport within the territory of a city
Request for a preliminary ruling from the Tallinna Ringkonnakohus
Language of the case: Estonian
Case C-585/13 P Europäisch-Iranische Handelsbank v Council
Appeal — Restrictive measures taken against the Islamic Republic of Iran with the aim of preventing nuclear proliferation — Freezing of funds — Restriction of transfers of funds — Assistance to designated entities in evading or violating restrictive measures
Language of the case: English
Case C-667/13 Estado português v Banco Privado Português and Massa Insolvente do Banco Privado Português
Reference for a preliminary ruling — State aid — State guarantee underwriting a loan — Decision 2011/346/EU — Questions concerning validity — Admissibility — Article 107(1) TFEU — Statement of reasons — Effect on trade between Member States — Article 107(3)(b) TFEU — Serious disturbance in the economy of a Member State
Request for a preliminary ruling from the Tribunal do Comércio de Lisboa
Language of the case: Portuguese
Case C-175/14 Prankl
Reference for a preliminary ruling — Taxation — Directive 92/12/EEC — General arrangements for products subject to excise duty — Imposition of duty on smuggled goods — Goods released for consumption in one Member State and transported to another Member State — Determination of the competent Member State — Right of the transit State to impose duty on those goods
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-220/14 P Ezz and Others v Council
Appeal — Restrictive measures taken against certain persons in view of the situation in Egypt — Freezing of the funds of persons subject to judicial proceedings for misappropriation of State funds — United Nations Convention against Corruption
Language of the case: English
Case C-491/14 Rosa dels Vents Assessoria v U Hostels Albergues Juveniles
Reference for a preliminary ruling — Article 99 of the Court’s Rules of Procedure — Trade marks — Directive 2008/95/EC — Article 5(1) — Concept of ‘third party’ — Proprietor of a later trade mark
Request for a preliminary ruling from the Juzgado de lo Mercantil de Madrid
Language of the case: Spanish
Case C-464/13 Europäische Schule München v Oberto and O´Leary
Reference for a preliminary ruling — Statute of the European Schools — Competence of the Complaints Board of the European Schools to rule on a fixed-term employment contract entered into between a European school and a teacher not posted or seconded by a Member State
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-628/13 Lafonta v Autorité des marchés financiers
Reference for a preliminary ruling — Approximation of laws — Directive 2003/6/EC — Article 1, point (1) — Directive 2003/124/EC — Article 1(1) — Inside information — Concept of ‘information of a precise nature’ — Potential effect in a particular direction on the prices of financial instruments
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-538/13 eVigilo v Priešgaisrinės apsaugos ir gelbėjimo departamentas prie Vidaus reikalų ministerijos
Reference for a preliminary ruling — Public procurement — Directives 89/665/EEC and 2004/18/EC — Principles of equal treatment and transparency — Connection between the successful tenderer and the contracting authority’s experts — Obligation to take that connection into account — Burden of proving bias on the part of an expert — Such bias having no effect on the final result of the evaluation — Time-limit for instituting proceedings — Challenging the abstract award criteria -Those criteria clarified after the exhaustive reasons for the award of the contract had been communicated — Degree of the tenders’ conformity with the technical specifications as an evaluation criterion
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-577/13 Actavis Group PTC and Actavis UK v Boehringer Ingelheim Pharma
Reference for a preliminary ruling — Medicinal products for human use — Regulation (EC) No 469/2009 — Article 3 — Supplementary protection certificate — Conditions for obtaining such a certificate — Medicinal products containing in whole or in part the same active ingredient — Medicinal products placed on the market in succession — Combination of active ingredients — Active ingredient previously marketed in the form of a medicinal product with a single active ingredient — Conditions for obtaining several certificates on the basis of the same patent — Modification of the active ingredients of a basic patent
Request for a preliminary ruling from the High Court of Justice of England and Wales, Chancery Division (Patents Court)
Language of the case: English
Case C-594/13 'go fair' Zeitarbeit v Finanzamt Hamburg-Altona
References for a preliminary ruling — VAT — Directive 2006/112/EC — Article 132(1)(g) — Exemption for supplies of services closely linked to welfare and social security work — Concept of ‘bodies recognised as being devoted to social wellbeing’ — Temporary-work agency — Hiring out of qualified care workers — Exemption not allowed
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-533/13 AKT v Öljytuote and Shell Aviation
Reference for a preliminary ruling — Social policy — Directive 2008/104/EC — Temporary agency work — Article 4(1) — Prohibitions or restrictions on the use of temporary agency work — Justification — Grounds of general interest — Obligation to review — Scope
Request for a preliminary ruling from the Työtuomioistuin
Language of the case: Finnish
Case C-266/13 Kik v Staatssecretaris van Financiën
Reference for a preliminary ruling — Social security — Regulation (EEC) No 1408/71 — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — National of a Member State, in which he resides, employed on a pipe-laying vessel flying the flag of another third State — Person initially employed by an undertaking established in the Netherlands and subsequently by an undertaking established in Switzerland — Work performed, in succession, on the continental shelf adjacent to a third State, in international waters and in the part of the continental shelf adjacent to certain Member States — Scope ratione personae of Regulation No 1408/71 — Determination of the legislation applicable
Request for a preliminary ruling the from Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-286/13 P Dole Food and Dole Fresh Fruit Europe v Commission
Appeals — Competition — Agreements, decisions and concerted practices — European banana market — Coordination in the setting of quotation prices — Obligation to state reasons — Belated statement of reasons — Belated submission of evidence — Rights of defence — Principle of equality of arms — Principles governing the establishment of the facts — Distortion of the facts — Assessment of the evidence — Market structure — Requirement for the Commission to specify those aspects of the exchange of information which constitute a restriction of competition by object — Burden of proof — Calculation of the fine — Whether sales made by subsidiaries not involved in the infringement are to be taken into account — Sales of the same bananas counted twice
Language of the case: English
Case C-510/13 E.ON Földgáz Trade v Magyar Energetikai és Közmű-szabályozási Hivatal
Reference for a preliminary ruling — Internal market in natural gas –Directive 2003/55/EC — Article 25 — Directive 2009/73/EC — Articles 41 and 54 — Temporal application –Regulation (EC) No 1775/2005 — Article 5 — Capacity allocation mechanisms and congestion management procedures — Decision of a regulatory authority — Right to bring an action — Action brought by a company holding a natural gas transmission authorisation — Charter of Fundamental Rights of the European Union — Article 47 — Right to effective judicial protection against a decision of a regulatory authority
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-672/13 OTP Bank v Magyar Állam and Magyar Államkincstár
Reference for a preliminary ruling — State aid — Article 107(1) TFEU — Concept of ‘State aid’ — Housing aid granted prior to the accession of Hungary to the European Union to certain categories of household — Payment of the aid by credit institutions in exchange for a State guarantee — Article 108(3) TFEU — Measure not previously notified to the European Commission — Illegality
Request for a preliminary ruling from the Fővárosi Törvényszék Gazdasági Kollégium
Language of the case: Hungarian
Case C-182/14 P Mega Brands International v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Application for registration of the Community word mark MAGNEXT — Opposition by the proprietor of the earlier national word mark MAGNET 4 — Likelihood of confusion
Language of the case: English
Case C-279/13 C More Entertainment v Sandberg
Reference for a preliminary ruling — Approximation of laws — Copyright and related rights — Directive 2001/29/EC — Information society — Harmonisation of certain aspects of copyright and related rights — Article 3(2) — Direct broadcast of a sporting fixture on an internet site
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
Case C-316/13 Fenoll v Centre d'aide par le travail La Jouvene and APEI d'Avignon
Reference for a preliminary ruling — Social policy — Charter of Fundamental Rights of the European Union — Article 31(2) — Directive 2003/88/EC — Article 7 — Definition of ‘worker’ — Disabled person — Right to paid annual leave — National legislation incompatible with EU law — Role of the national court
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-499/13 Macikowski v Dyrektor Izby Skarbowej w Gdańsku
Reference for a preliminary ruling — Common system of value added tax — Principles of proportionality and fiscal neutrality — Taxation of a supply of immovable property in a procedure for compulsory sale by auction — National legislation requiring the court enforcement officer executing such a sale to calculate and pay VAT on the transaction — Payment of the purchase price to the competent court and need for the VAT to be paid to be transferred by that court to the court enforcement officer — Liability for damages and criminal liability of the court enforcement officer for non-payment of VAT — Difference between the general statutory time-limit for the payment of VAT by a taxable person and the time-limit imposed on the court enforcement officer — Impossibility of deducting the input VAT paid
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-556/13 Litaksa v BTA Insurance Company
Reference for a preliminary ruling — Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 90/232/EEC — Article 2 — Differentiation in the amount of the insurance premium depending on the territory in which the vehicle is used
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-596/13 P Commission v Moravia Gas Storage
Appeals — Internal market in natural gas — Obligation of natural gas undertakings — Organisation of a system of negotiated third party access to gas storage facilities — Decision of the Czech authorities — Temporary exemption for future underground gas storage facilities in Dambořice — Commission decision — Order to withdraw the exemption decision — Directives 2003/55/EC and 2009/73/EC — Temporal application
Language of the case: English
Case C-601/13 Ambisig v Nersant and Núcleo Inicial
Reference for a preliminary ruling — Directive 2004/18/EC — Public service contracts — Conduct of the procedure — Contract award criteria — Qualifications of the staff assigned to performance of the contract
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Information (on unpublished decisions)
Case C-178/14 Vario Tek v Hauptzollamt Düsseldorf
Reference for a preliminary ruling — Customs union and Common Customs Tariff — Combined nomenclature — Tariff classification — Heading 8525 80 — Television cameras, digital cameras and video camera recorders — Subheadings 8525 80 91 and 8525 80 99 — Video cameras integrated into sports goggles — ‘Optical zoom’ function — Recording of files from external sources
Case C-23/15 Andre
Reference for a preliminary ruling — No description of the factual and legal background of the case in the main proceedings — Manifest inadmissibility
Case C-7/14 P Wünsche Handelsgesellschaft International v Commission
Appeal — Community Customs Code — Articles 220(2) and 239 — Refund of import duties — Import of preserved mushrooms from China — Decision declaring the refund of import duties unjustified
April 2015
Case C-409/13 Council v Commission
Action for annulment — Macro-financial assistance to third countries — Decision of the Commission to withdraw a proposal for a framework regulation — Articles 13(2) TEU and 17 TEU — Article 293 TFEU — Principle of conferral of powers — Principle of institutional balance — Principle of sincere cooperation — Article 296 TFEU — Obligation to state reasons
Language of the case: French
Case C-527/13 Cachaldora Fernández v Instituto Nacional de la Seguridad Social and Tesorería General de la Seguridad Social
Reference for a preliminary ruling — Male and female workers — Equal treatment in matters of social security — Directive 79/7/EEC — Article 4 — Directive 97/81/EC — UNICE, CEEP and ETUC Framework Agreement on part-time work — Calculation of benefit — System for inclusion of contribution gaps — Part-time workers and full-time workers
Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
Case C-76/14 Manea v Serviciul Public Comunitar Regim Permise de Conducere si Inmatriculare a Vehiculelor
Reference for a preliminary ruling — Internal taxation — Article 110 TFEU — Tax levied by a Member State on motor vehicles at the time of their first registration or of the first transfer of the right of ownership — Neutrality as between second-hand motor vehicles imported from other Member States and similar motor vehicles available on the domestic market
Request for a preliminary ruling from the Curtea de Apel Braşov
Language of the case: Romanian
Joined Cases C-446/12 to C-449/12 Willems and Others v Burgemeester van Nuth and Others
Reference for a preliminary ruling — Area of freedom, security and justice — Biometric passport — Biometric data — Regulation (EC) No 2252/2004 — Article 1(3) — Article 4(3) — Use of data collected for purposes other than the issue of passports and travel documents — Establishment and use of databases containing biometric data — Legal guarantees — Charter of Fundamental Rights of the European Union — Articles 7 and 8 — Directive 95/46/EC — Articles 6 and 7 — Right to privacy — Right to the protection of personal data — Application to identity cards
Requests for a preliminary ruling from the Raad van State
Language of the case: Dutch
Joined Cases C-317/13 and C-679/13 Parliament v Council
Action for annulment — Police and judicial cooperation in criminal matters — New psychoactive substance subjected to control measures — Determination of legal basis — Legal framework applicable following the entry into force of the Treaty of Lisbon — Transitional provisions — Secondary legal basis — Consultation of Parliament
Language of the case: French
Case C-388/13 Nemzeti Fogyasztóvédelmi Hatóság v UPC Magyarország
Reference for a preliminary ruling — Directive 2005/29/EC — Unfair commercial practices — Erroneous information provided by a telecommunications undertaking to one of its subscribers which has resulted in additional costs for the latter — Classification as a ‘misleading commercial practice’
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-477/13 Eintragungsausschuss bei der Bayerischen Architektenkammer v Angerer
Reference for a preliminary ruling — Directive 2005/36/EC — Article 10 — Recognition of professional qualifications — Access to the profession of architect — Titles not listed in Annex V, point 5.7.1 — Concepts of ‘specific and exceptional reasons’ and ‘architect’
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-540/13 Parliament v Council
Action for annulment — Police and judicial cooperation in criminal matters — Setting of the date on which an earlier decision is to take effect — Determination of the legal basis — Legal framework applicable following the entry into force of the Treaty of Lisbon — Transitional provisions — Secondary legal basis — Consultation of Parliament
Language of the case: French
Case C-557/13 Lutz v Bäuerle
Reference for a preliminary ruling — Regulation (EC) No 1346/2000 — Articles 4 and 13 — Insolvency proceedings — Payment made after the date on which insolvency proceedings were opened on the basis of attachment carried out before that date — Action to set aside an act detrimental to the interests of the creditors — Limitation periods or other time-bars relating to actions to set transactions aside — Procedural requirements for the action — Applicable law
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-570/13 Gruber v Unabhängiger Verwaltungssenat für Kärnten and Others
Reference for a preliminary ruling — Environment — Directive 2011/92/EU — Assessment of the effects of certain public and private projects on the environment — Construction of a retail park — Binding effect of an administrative decision not to carry out an environmental impact assessment — No public participation
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-591/13 Commission v Germany
Failure of a Member State to fulfil obligations — Tax legislation — Deferral of taxation of capital gains realised on the sale of certain capital assets — Recovery of the tax — Freedom of establishment — Article 49 TFEU — Article 31 of the EEA Agreement — Difference in treatment between permanent establishments located within the territory of a Member State and permanent establishments located within the territory of another Member State of the European Union or of the European Economic Area — Proportionality
Language of the case: German
Case C-690/13 Trapeza Eurobank Ergasias v ATE and Sidiropoulos
Reference for a preliminary ruling — State aid — Meaning — Article 87(1) EC — Privileges granted to a bank — Company exercising public service obligations — Existing aid and new aid — Article 88(3) EC — Powers of the national court
Request for a preliminary ruling from the Monomeles Efeteio Thrakis
Language of the case: Greek
Case C-3/14 Prezes Urzędu Komunikacji Elektronicznej and Telefonia Dialog v T-Mobile Polska
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/21/EC — Articles 7 and 20 — Resolution of disputes between undertakings providing electronic communications networks or services — Obligation to implement the procedure laid down in Article 7(3) — Measure which may have an effect on trade between Member States — Directive 2002/19/EC — Article 5 — Powers and responsibilities of the national regulatory authorities with regard to access and interconnection — Directive 2002/22/EC — Article 28 — Non-geographic numbers
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-42/14 Minister Finansów v Wojskowa Agencja Mieszkaniowa w Warszawie
Reference for a preliminary ruling — Taxation — Common system of value added tax — Letting of immovable property — Supply of electricity, heating, water and refuge collection — Agreements between the landlord and the suppliers of those goods and services — Supplies provided to the tenant considered to be provided by the landlord — Service charges — Determination of the taxable amount — Possibility of including service charges in the taxable amount of rental services — Transaction composed of a single supply or several independent supplies
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-143/14 TMK Europe v HZA Frankfurt Oder
Reference for a preliminary ruling — Dumping — Imports of certain pipes and tubes of iron or steel — Regulation (EC) No 384/96 — Article 3(7) — Damage to industry — Known factors — Causal link — Failure to take into account an investigation into anti-competitive practices by Community undertakings in the relevant sector — Regulation (EC) No 2320/97 — Validity
Request for a preliminary ruling from the Finanzgericht Berlin-Brandenburg
Language of the case: German
Joined Cases C-271/14 and C-273/14 LFB Biomédicaments and Others v Ministre des Finances et des Comptes publics and Ministre des Affaires sociales et de la Santé
Reference for a preliminary ruling — Medicinal products for human use — Directive 89/105/EEC — Article 6(3) and (5) — Removal of medicinal products from a list of pharmaceutical proprietary products covered in addition to fixed payments in respect of hospital treatment — Obligation to state reasons
Requests for a preliminary ruling the from the Conseil d'État
Language of the case: French
Case C-278/14 SC Enterprise Focused Solutions v Spitalul Județean de Urgență Alba Iulia
Reference for a preliminary ruling — Public procurement — Supply — Technical specifications — Principles of equal treatment and of non-discrimination — Obligation of transparency — Reference to a product of a particular brand — Assessment of the equivalence of the product offered by a tenderer — Reference product no longer in production
Request for a preliminary ruling from the Curtea de Apel Alba Iulia
Language of the case: Romanian
Case C-605/13 P Anbouba v Council
Appeal — Common foreign and security policy — Restrictive measures against the Syrian Arab Republic — Measures directed against persons and entities benefiting from the regime — Proof that inclusion on the lists is well founded — Set of indicia
Language of the case: French
Case C-630/13 P Anbouba v Council
Appeal — Common foreign and security policy — Restrictive measures against the Syrian Arab Republic — Measures directed against persons and entities benefiting from the regime — Proof that inclusion on the lists is well founded — Set of indicia
Language of the case: French
Case C-114/14 Commission v Sweden
Failure of a Member State to fulfil obligations — Value added tax — Sixth Directive 77/388/EEC — Directive 2006/112/EC — Articles 132(1)(a) and 135(1)(h) — Exemptions — Public postal services — Postage stamps — Directive 97/67/CE
Language of the case: Swedish
Case C-357/13 Drukarnia Multipress v Minister Finansów
Reference for a preliminary ruling — Taxation — Directive 2008/7/EC — Article 2(1)(b) and (c) — Indirect taxes on the raising of capital — Subjection to capital duty — Contributions of capital to a partnership limited by shares — Classification of such a partnership as a capital company
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Krakowie
Language of the case: Polish
Case C-260/13 Aykul v Land Baden-Württemberg
Reference for a preliminary ruling — Directive 2006/126/EC — Mutual recognition of driving licences — Refusal of a Member State to recognise, in the case of a person having driven under the influence of narcotic substances, the validity of a driving licence issued by another Member State
Request for a preliminary ruling from the Verwaltungsgericht Sigmaringen
Language of the case: German
Case C-382/13 Franzen and Others v Raad van bestuur van de Sociale verzekeringbank
Reference for a preliminary ruling — Social security for migrant workers — Regulation (EEC) No 1408/71 — Articles 13(2) and 17 — Casual work in a Member State other than the State of residence — Legislation applicable — Refusal to grant family benefits and reduction of the old-age pension by the State of residence
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
Case C-424/13 Zuchtvieh-Export v Stadt Kempten
Reference for a preliminary ruling — Agriculture — Regulation (EC) No 1/2005– Protection of animals during transport — Long journey between Member States and between Member States and third countries — Article 14(1) — Check to be carried out related to the journey log by the competent authority at the place of departure prior to long journeys — Applicability of that provision in regards to the stages of the journey taking place outside the territory of the European Union — Applicability of the standards fixed by that regulation to that part of the journey
Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
Case C-635/13 ALKA v Autoritatea Națională a Vămilor - Direcția Regională pentru Accize și Operațiuni Vamale Galați and Direcţia Generală a Finanţelor Publice a Municipiului București
Reference for a preliminary ruling — Common customs tariff — Tariff classification — Combined Nomenclature — Heading 1207 — Oilseeds — Heading 1209 — Seeds for sowing — Heading 1212 — Seeds principally used for human foodstuffs, not specified or included elsewhere — Import of raw shelled pumpkin seeds originating from China
Request for a preliminary ruling from the Tribunalul București
Language of the case: Romanian
Case C-16/14 Property Development Company v Belgische Staat
Reference for a preliminary ruling — Taxation — Sixth VAT Directive — Article 11A — Application of goods treated as a supply for consideration — Application of a building for an activity exempt from VAT — Taxable amount for that application — Interim interest paid during the construction of the building
Request for a preliminary ruling from the Hof van Beroep te Gent
Language of the case: Dutch
Case C-38/14 Subdelegación del Gobierno en Guipuzkoa - Extranjeria v Zaizoune
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures for returning illegally staying third-country nationals — Articles 6(1) and 8(1) — National legislation providing, in the event of illegal staying, for either a fine or removal, depending on the circumstances
Request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco
Language of the case: Spanish
Case C-96/14 Van Hove v CNP Assurances
Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms — Insurance contract — Article 4(2) — Assessment of the unfairness of contractual terms — Exclusion of terms relating to the main subject-matter of the contract — Term intended to ensure that mortgage loan repayments are covered — Borrower’s total incapacity for work — Exclusion from cover in the event of recognised fitness to undertake an activity, paid or otherwise
Request for a preliminary ruling from the Tribunal de grande instance de Nîmes
Language of the case: French
Case C-111/14 GST – Sarviz AG Germania v Direktor na Direktsia „Obzhalvane i danachno-osiguritelna praktika“ Plovdiv pri Tsentralno upravlenie na NAP
Common system of value added tax — Directive 2006/112/EC — Principle of fiscal neutrality — Person liable for payment of VAT — Erroneous payment of VAT by the person to whom the supply is made — Liability to VAT of the supplier of services — Refusal to grant the supplier of services a refund of the VAT
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-227/14 P LG Display and LG Display Taiwan v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU and Article 53 of the EEA Agreement — Worldwide market for liquid crystal display (LCD) panels — Price-fixing — Fines — Guidelines on the method of setting fines (2006) — Point 13 — Determination of value of sales — Joint venture — Taking sales to parent companies into account — Notice on immunity from fines and reduction of fines in cartel cases (2002) — Point 23(b), final paragraph — Partial immunity from fines — Evidence of facts previously unknown to the Commission
Language of the case: English
Case C-35/15 P(R) Commission v Vanbreda Risk & Benefits
Appeals — Order for interim measures — Public service contracts — Procurement procedure concerning the supply of insurance services for property and persons — Rejection of the bid made by a tenderer and decision to award the contract to another tenderer — Application for suspension of operation — Particularly serious prima facie case — Urgency — Serious harm — No irreparable harm — Right to an effective remedy — Directive 89/665/EEC — Article 47 of the Charter of Fundamental Rights of the European Union — Standstill period before conclusion of the contract — Access to information permitting assessment of the lawfulness of the award decision
Language of the case: French
Case C-203/14 Consorci Sanitari del Maresme v Corporació de Salut del Maresme i la Selva
Opening of the oral procedure — Holding a hearing
Request for a preliminary ruling from the Tribunal Català de Contractes del Sector Públic
Language of the case: Spanish
Case C-28/12 Commission v Council
Action for annulment — Mixed international agreements — Decision authorising the signing of those agreements and providing for their provisional application — Decision of the Council and of the Representatives of the Governments of the Member States meeting within the Council — Autonomy of the EU legal order — Participation of the Member States in the procedure and decision provided for in Article 218 TFEU — Voting arrangements within the Council
Language of the case: English
Case C-456/13 P T & L Sugars and Sidul Açúcares v Commission
Appeal — Action for annulment — Article 263, fourth paragraph, TFEU — Right to bring an action — Locus standi — Natural or legal persons — Regulatory act not entailing implementing measures — Act of individual concern to the appellants — Right to effective judicial protection — Exceptional measures relating to the release of out-of-quota sugar and isoglucose on the European Union market — Marketing year 2010/2011
Language of the case: English
Case C-51/13 Nationale-Nederlanden Levensverzekering Mij v van Leeuwen
Reference for a preliminary ruling — Direct life assurance — Directive 92/96/EEC — Article 31(3) — Information to be provided to the policyholder — Obligation for the insurer to provide further information on costs and premiums under general unwritten rules of national law
Request for a preliminary ruling from the Rechtbank Rotterdam
Language of the case: Dutch
Case C-528/13 Léger v Ministre des Affaires sociales, de la Santé et des Droits des femmes and Etablissement français du sang
Reference for a preliminary ruling — Public health — Directive 2004/33/EC — Technical requirements relating to blood and blood components — Blood donation — Eligibility criteria for blood donors — Criteria for permanent or temporary deferral — Persons whose sexual behaviour puts them at a high risk of acquiring severe infectious diseases that can be transmitted by blood — Man who has had sexual relations with another man — Charter of Fundamental Rights of the European Union — Articles 21(1) and 52(1) — Sexual orientation — Discrimination — Justification — Proportionality
Request for a preliminary ruling from the Tribunal administratif de Strasbourg
Language of the case: French
Case C-148/14 Bundesrepublik Deutschland v Nordzucker
Reference for a preliminary ruling — Environment — Directive 2003/87/EC — Greenhouse gas emission allowance trading scheme in the European Union — Determination of the extent of the obligation to surrender allowances — Penalties — Article 16(1) and (3)
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-80/14 USDAW and Wilson v WW Realisation 1 and Others
Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — Article 1(1)(a) — Meaning of ‘establishment’ — Method of calculating the number of workers made redundant
Request for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)
Language of the case: English
Case C-97/14 SMK v Nemzeti Adó- és Vámhivatal Dél-alföldi Regionális Adó Főigazgatósága and Nemzeti Adó- és Vámhivatal
Reference for a preliminary ruling — Common system of value added tax —Directive 2006/112/EC — Articles 52(c) and 55 — Determination of the place of supply of services — Recipient of the service identified for value added tax purposes in several Member States — Dispatch or transport out of the Member State in which the service has been physically carried out
Request for a preliminary ruling from the Gyulai Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Information (on unpublished decisions)
Case C-497/14 Burzio
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Article 50 — Principle of ne bis in idem — National legislation providing for an administrative penalty and a criminal penalty for failure to pay withholding taxes — No implementation of EU law — Clear lack of jurisdiction
Case C-173/14 P European Dynamics Belgium and Others v EMA
Appeal — Public service contracts — Invitation to tender — Award criteria — Transparency — Objective assessment — Claim for damages
Case C-598/13 Casa Judeţeană de Pensii Botoşani v Guletsou
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical question referred — Social security for migrant workers — Regulation (EEC) No 1408/71 — Article 7(2)(c) — Applicability of social security conventions between Member States — Repatriated refugee whose country of origin is a Member State — Completion of periods of employment in the territory of another Member State — Application for grant of an old-age benefit — Refusal
Case C-646/13 Casa Judeţeană de Pensii Brăila v E.S.
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Social security for migrant workers — Regulation (EC) No 883/2004 — Article 8(1) — Applicability of social security conventions between Member States — Repatriated refugee originating in a Member State — Completion of periods of employment within the territory of another Member State — Application for the grant of an old-age benefit — Application refused
Case C-668/13 Casa Judeţeană de Pensii Botoşani v Paraskevopoulou
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical question referred — Social security for migrant workers — Regulation (EEC) No 1408/71 — Article 7(2)(c) — Applicability of social security conventions between Member States — Repatriated refugee whose country of origin is a Member State — Completion of periods of employment in the territory of another Member State — Application for grant of an old-age benefit — Refusal
Case C-120/14 P Klein v Commission
Appeal — Non-contractual liability — Directive 93/42/EEC — Articles 8 and 18 — Medical devices — Inaction by the Commission following notification of a decision to prohibit placing on the market — Limitation period — Suspensory effect of an application for legal aid on the limitation period — Safeguard clause procedure
Case C-376/13 Commission v Bulgaria
Failure to fulfil obligations — Electronic communications networks and services — Directives 2002/20/EC, 2002/21/EC and 2002/77/EC — Rights of use of the terrestrial digital television broadcasting radio spectrum — Public procurement procedure — Criteria for selection of tenderers — Proportionality — Special rights
Case C-149/14 Commission v Greece
Failure of a Member State to fulfil obligations — Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources — Designation of waters and vulnerable zones — Excessive concentration of nitrates — Eutrophification — Obligation of four-yearly revision — Insufficiency — Establishment of action programmes — None
Case C-64/14 P von Storch v ECB
Appeals — Actions for annulment — Admissibility — Directly concerned person — Decisions adopted by the European Central Bank — Orientation 2012/641/EU of the European Central Bank — Article 181 of the Rules of Procedure of the Court of Justice
Case C-622/13 P Castel Frères v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(c) and (j) — Word mark CASTEL — Indication of geographical origin — Application for a declaration of invalidity brought by the proprietor of the indication of geographical origin ‘Castell’ — Article 181 of the Rules of Procedure of the Court of Justice — Appeal manifestly inadmissible in part and manifestly unfounded in part
May 2015
Case C-146/13 Spain v Parliament and Council
Action for annulment — Implementing enhanced cooperation — Creation of unitary patent protection — Regulation (EU) No 1257/2012 — First paragraph of Article 118 TFEU — Legal basis — Article 291 TFEU — Delegation of powers to bodies outside the European Union — Principles of autonomy and uniform application of EU law
Language of the case: Spanish
Case C-147/13 Spain v Council
Action for annulment — Implementing enhanced cooperation — Unitary patent — Regulation (EU) No 1260/2012 — Provisions concerning translation — Principle of non-discrimination — Article 291 TFEU — Delegation of powers to bodies outside the European Union — Second paragraph of Article 118 TFEU — Legal basis — Principle of autonomy of EU law
Language of the case: Spanish
Case C-445/13 P Voss of Norway v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute ground for refusal — No distinctive character — Three-dimensional sign consisting of the shape of a cylindrical bottle
Language of the case: English
Case C-182/13 Lyttle and Others v Bluebird UK Bidco 2
Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — Article 1(1)(a) — Meaning of ‘establishment’ — Method of calculating the number of workers made redundant
Request for a preliminary ruling from the Industrial Tribunals (Northern Ireland)
Language of the case: English
Case C-392/13 Rabal Cañas v Nexea Gestión Documental and Fondo de Garantia Salarial
Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — Meaning of ‘establishment’ — Method of calculating the number of workers made redundant
Request for a preliminary ruling from the Juzgado de lo Social de Barcelona
Language of the case: Spanish
Case C-516/13 Dimensione Direct Sales and Labianca v Knoll International
Reference for a preliminary ruling — Copyright — Directive 2001/29/EC — Article 4(1) — Distribution right – Concept of ‘distribution to the public’ — Offer for sale and advertising by a trader of a Member State on its website, by direct mail and in the press in another Member State — Reproductions of protected furniture for sale without the consent of the holder of the exclusive distribution right — Offer or advertising not leading to the purchase of the original or copies of a protected work
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-536/13 Gazprom v Lietuvos Respublika
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Scope — Arbitration — Not included — Recognition and enforcement of foreign arbitral awards — Order issued by an arbitral tribunal having its seat in a Member State — Order that proceedings not be brought or continued before a court of another Member State — Power of the courts of a Member State to refuse to recognise the arbitral award — New York Convention
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-546/12 P Schräder v CPVO
Appeals — Community plant variety rights — Community Plant Variety Office (CPVO) — Regulation (EC) No 2100/94 — Articles 20 and 76 –Regulation (EC) No 874/2009 — Article 51 — Application to initiate nullity proceedings in respect of Community plant variety rights — Principle of examination by the CPVO of its own motion — Proceedings before the Board of Appeal of the CPVO — Substantial evidence
Language of the case: German
Case C-352/13 CDC Hydrogen Peroxide v Evonik Degussa and Others
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil and commercial matters — Regulation (EC) No 44/2001 — Special jurisdiction — Article 6(1) — Action, brought against several defendants domiciled in various Member States and which have participated in a cartel found to be contrary to Article 81 EC and Article 53 of the Agreement on the European Economic Area, seeking an order for the defendants to pay damages jointly and severally and for disclosure of information — Jurisdiction of the court seised with regard to the other defendants — Withdrawal of the action in relation to the defendant domiciled in the Member State of the court seised — Jurisdiction in tort, delict or quasi-delict — Article 5(3) — Jurisdiction clauses — Article 23 — Effective enforcement of the prohibition of anti-competitive agreements, decisions and concerted practices
Request for a preliminary ruling from the Landgericht Dortmund
Language of the case: German
Case C-560/13 Finanzamt Ulm v Wagner-Raith
Reference for a preliminary ruling — Free movement of capital — Derogation — Movement of capital involving the provision of financial services — National legislation providing for flat-rate taxation of investment income from holdings in foreign investment funds — Black funds
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-657/13 Verder LabTec v Finanzamt Hilden
Reference for a preliminary ruling — Taxation — Freedom of establishment — Article 49 TFEU — Restrictions — Staggered recovery of tax on unrealised capital gains — Preservation of allocation of powers of taxation between Member States — Proportionality
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C-65/14 Rosselle v INAMI and UNM
Reference for a preliminary ruling — Social policy — Directive 92/85/EEC — Measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding — Article 11(2) and (4) — Established public servant assigned non-active status for personal reasons in order to work as a salaried employee — Refusal to grant her a maternity allowance on the ground that she has not completed, as a salaried employee, the minimum contribution period required in order to be eligible to receive certain social benefits
Request for a preliminary ruling from the tribunal du travail de Nivelles
Language of the case: French
Case C-322/14 El Majdoub v CarsOnTheWeb.Deutschland
Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 23 — Agreement conferring jurisdiction — Formal requirements — Communication by electronic means which provides a durable record of the agreement — Definition — General terms and conditions of sale which can be consulted and printed from a link which enables them to be displayed in a new window — Click-wrapping
Request for a preliminary ruling from the Landgericht Krefeld
Language of the case: German
Case C-339/14 Criminal proceedings against Wittmann
Reference for a preliminary ruling — Directive 2006/126/EC — Mutual recognition of driving licences — Period of prohibition — Issue of the driving licence by a Member State before the entry into force of a period of prohibition in the Member State of normal residence — Grounds for refusing to recognise in the Member State of normal residence the validity of a driving licence issued by another Member State
Request for a preliminary ruling from the Oberlandesgericht Nürnberg
Language of the case: German
Case C-349/14 Ministre délégué, chargé du budget v Pazdziej
Reference for a preliminary ruling — Protocol on the Privileges and Immunities of the European Union — Article 12, second paragraph — Tax levied for the benefit of local authorities on person having the use of or having at their disposal residential premises in their area — Upper limit — Social policy measure — Taking into account salaries, wages and emoluments paid by the European Union to its officials and other servants
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Information (on unpublished decisions)
Case C-674/13 Commission v Germany
Failure of a Member State to fulfil obligations — State aid incompatible with the internal market — Parcel service market — Commission decision — Obligation to recover the aid in full and to amend the scheme for the future — Measures to be taken — Article 108(2)TFEU — Regulation (EC) No 659/1999 — Article 14(3
Case C-343/14 P Adler Modemärkte v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Application for registration of the word mark MARINE BLEU — Opposition from the proprietor of the word mark BLUMARINE — Relative grounds for refusal — Likelihood of confusion — Conceptual comparison
Case C-496/14 Statul român v Văraru and Consiliul Naţional pentru Combaterea Discriminării
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Principles of equal treatment and non-discrimination in matters of social security — Calculation of the amount of child allowance — Failure to implement EU law — Clear lack of jurisdiction of the Court
Case C-608/14 Pondiche v Statul român and Consiliul Naţional pentru Combaterea Discriminării
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Grant of child allowance — Determination of the law applicable in accordance with the date of birth of the child and not in accordance with its date of conception — Failure to implement EU law — Clear lack of jurisdiction of the Court
Case C-53/14 P JAS v Commission
Appeal — Customs union and Common Customs Tariff — Community Customs Code — Article 239 — Community Customs Code Implementing Regulation — Article 905 — Importation of jean trousers from the United States — Import duties — Decision declaring the refund of those duties unjustified — No ‘special situation’
Case C-262/14 SCMD v Ministerul Finanțelor Publice
Reference for a preliminary ruling — Equal treatment in employment and occupation — Directive 2000/78/EC — Articles 2, 3(1) and 6 — Prohibition of discrimination based on age — Discrimination on grounds of membership of a socio-professional category or place of work — National legislation prohibiting, subject to certain limits, the combination of a pension with employment income from professional activity in the public sector — Automatic termination of the employment relationship or service relationship
Case C-269/14 Proceedings brought by Kansaneläkelaitos
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Article 1(4) — Service concession — Definition — Aggregation of contracts between a social security authority and taxi companies providing for an electronic scheme for direct reimbursement of transport costs of insured persons and a system of booking journeys
Case C-318/14 Slovenská autobusová doprava Trnava v Krajský úřad Olomouckého kraje
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Articles 49 TFEU and 52 TFEU — Freedom of establishment — Regulation No 1370/2007 — Public transport by rail and by road — Bus transport on urban public transport lines — Carrier established in another Member State and operating through a branch — Requirement to obtain special authorisation — Discretionary power of the competent authority — Public service contract
June 2015
Case C-497/13 Faber v Autobedrijf Hazet Ochten
Reference for a preliminary ruling — Directive 1999/44/EC — Sale of consumer goods and associated guarantees — Status of the purchaser — Consumer status — Lack of conformity of the goods delivered — Duty to inform the seller — Lack of conformity which became apparent within six months of delivery of the goods — Burden of proof
Request for a preliminary ruling from the Gerechtshof Arnhem-Leeuwarden
Language of the case: Dutch
Case C-543/13 Raad van bestuur van de Sociale verzekeringbank v Fischer-Lintjens
Reference for a preliminary ruling — Social security for migrant workers — Regulation (EEC) No 1408/71 — Article 27 — Annex VI, section R, point 1(a) and (b) — Concept of pensions payable under the legislation of two or more Member States — Benefits in kind — Retroactive award of a pension under the legislation of the Member State of residence — Enjoyment of health care benefits conditional on the taking out of compulsory health care insurance — Certificate of non-insurance under the legislation on compulsory health care insurance of the Member State of residence — No subsequent obligation to pay contributions to that Member State — Retroactive withdrawal of the certificate — No possibility of retroactive affiliation to compulsory health care insurance — Interruption of cover against the risk of sickness by such insurance — Effectiveness of Regulation No 1408/71
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
Case C-579/13 P and S v Commissie Sociale Zekerheid Breda and College van Burgemeester en Wethouders van de gemeente Amstelveen
Reference for a preliminary ruling — Status of third-country nationals who are long-term residents — Directive 2003/109/EC — Article 5(2) and Article 11(1) — National legislation imposing on third-country nationals with long-term resident status a civic integration obligation, attested by an examination, under pain of a fine
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
Case C-5/14 Kernkraftwerke Lippe-Ems v Hauptzollamt Osnabrück
Reference for a preliminary ruling — Article 267 TFEU — Interlocutory procedure for review of constitutionality — Examination of whether a national law complies with both EU law and with the Constitution of the Member State concerned — Discretion enjoyed by a national court to refer questions to the Court of Justice for a preliminary ruling — National legislation levying a duty on the use of nuclear fuel — Directives 2003/96/EC and 2008/118/EC — Article 107 TFEU — Articles 93 EA, 191 EA and 192 EA
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C-15/14 P Commission v MOL
Appeals — State aid — Agreement between Hungary and the oil and gas company MOL relating to mining fees in connection with the extraction of hydrocarbons — Subsequent amendment to the statutory rules increasing the rate of the fees — Increase in fees not applied to MOL — Decision declaring the aid incompatible with the common market — Selective nature
Language of the case: English
Case C-195/14 Bundesverband der Verbraucherzentralen und Verbraucherverbände v Teekanne
Reference for a preliminary ruling — Directive 2000/13/EC — Labelling and presentation of foodstuffs — Articles 2(1)(a)(i) and 3(1)(2) — Labelling such as could mislead the purchaser as to the composition of foodstuffs — List of ingredients — Use of the indication ‘raspberry and vanilla adventure’ and of depictions of raspberries and vanilla flowers on the packaging of a fruit tea not containing those ingredients
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-285/14 Directeur général des douanes et droits indirects and Directeur régional des douanes et droits indirects d'Auvergne v Brasserie Bouquet
Reference for a preliminary ruling — Taxation — Directive 92/83/EEC — Excise duty — Beer — Article 4 — Small independent breweries — Reduced rate of excise duty — Conditions — No operation under licence — Production in accordance with a process of a third party and authorised by it — Authorisation to use the trade marks of that third party
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-49/15 P(R) STC v Commission
Appeal — Order for interim measures — Public works contracts — Delegated Regulation (EU) No 1268/2012 — Call for tenders for the construction of a gas-turbine tri-generation power plant and associated maintenance — Tender amended after the opening of tenders — Rejection of the appellant’s tender — Inadmissibility — Error of law — None
Language of the case: Italian
Case C-686/13 X v Skatteverket
Reference for a preliminary ruling — Article 49 TFEU — Freedom of establishment — Tax legislation — Corporation tax — Holdings for business purposes — Legislation of a Member State exempting capital gains and, by the same token, excluding deduction of capital losses — Transfer by a resident company of shares in a non-resident subsidiary — Capital loss resulting from a currency loss
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
Case C-226/13 Fahnenbrock and Others v Hellenische Republik
References for a preliminary ruling — Judicial cooperation in civil matters — Service of judicial or extrajudicial documents — Regulation (EC) No 1393/2007 — Article 1(1) — Definition of ‘civil and commercial matters’ — State liability for ‘acta iure imperii’
Requests for a preliminary ruling from the Landgericht Wiesbaden
Language of the case: German
Case C-554/13 Zh. v Staatssecretaris van Veiligheid en Justitie and Staatssecretaris van Veiligheid en Justitie v O.
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Return of illegally staying third-country nationals — Article 7(4) — Concept of ‘risk to public policy’ — Circumstances in which Member States may refrain from granting a period for voluntary departure, or may grant a period shorter than seven days
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-649/13 Comité d'entreprise de Nortel Networks and Others v Rogeau and Rogeau v Bloom and Others
Reference for a preliminary ruling — Regulation (EC) No 1346/2000 — Articles 2(g), 3(2) and 27 — Regulation (EC) No 44/2001 — Judicial cooperation in civil matters — Main insolvency proceedings — Secondary insolvency proceedings — Conflict of jurisdiction — Exclusive or concurrent jurisdiction — Determination of the applicable law — Determination of the debtor’s assets falling within the secondary insolvency proceedings — Determination of the location of those assets — Assets situated in a third State
Request for a preliminary ruling from the tribunal de commerce de Versailles
Language of the case: French
Case C-1/14 Base Company and Mobistar v Ministerraad
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/22/EC — Articles 4, 9, 13 and 32 — Universal service obligations and social obligations — Provision of access at a fixed location and provision of telephone services — Affordability of tariffs — Special tariff options — Financing of the universal service obligations — Additional mandatory services — Mobile communication services and/or internet subscription services
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
Case C-29/14 Commission v Poland
Failure of a Member State to fulfil obligations — Public health — Directive 2004/23/EC — Directive 2006/17/EC — Directive 2006/86/EC — Exclusion of reproductive cells, foetal tissues and embryonic tissues from the scope of national legislation transposing those directives
Language of the case: Polish
Case C-51/14 Pfeifer & Langen v Bundesanstalt für Landwirtschaft und Ernährung
Reference for a preliminary ruling — Agriculture — Common organisation of the markets — Sugar — Reimbursement of storage costs — Regulation (EEC) No 1998/78 — Article 14(3) — Regulation (EEC) No 2670/81 — Article 2(2) — Substitute exports of C sugar — Conditions — Actual exchange of C sugar with the replacement sugar — Replacement possible only with sugar produced by another manufacturer established on the territory of the same Member State — Validity in the light of Articles 34 TFEU and 35 TFEU
Request for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen
Language of the case: German
Case C-52/14 Pfeifer & Langen v Bundesanstalt für Landwirtschaft und Ernährung
Reference for a preliminary ruling — Protection of the financial interests of the European Union — Regulation (EC, Euratom) No 2988/95 — Article 3(1) — Limitation period — Dies a quo — Repeated irregularities — Interruption of the limitation period — Conditions — Competent authority — Person in question — Act relating to investigation or legal proceedings concerning the irregularity — Time-limit equal to twice the limitation period
Request for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen
Language of the case: German
Case C-58/14 Hauptzollamt Hannover v Amazon EU
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Customs union and Common Customs Tariff — Combined Nomenclature — Heading 8543 70 — Electrical machines and apparatus, having individual functions, not specified or included elsewhere in Chapter 85 of the Combined Nomenclature — Subheadings 8543 70 10 and 8543 70 90 — Reading devices for electronic books with translation or dictionary functions
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-98/14 Berlington Hungary and Others v Magyar Állam
Reference for a preliminary ruling — Freedom to provide services — Games of chance — National taxes on the operation of slot machines in amusement arcades — National legislation prohibiting the operation of slot machines outside casinos — Principles of legal certainty and of the protection of legitimate expectations — Directive 98/34/EC — Obligation to notify draft technical regulations to the Commission — Member State liability for damage caused by legislation contrary to EU law
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-256/14 Lisboagás GDL v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Articles 9, 73, 78, first paragraph, point (a), and 79, first paragraph, point (c) — Taxable amount — Inclusion of the amount of municipal land use taxes paid by the company holding the concession for the gas distribution network in the taxable amount for VAT applicable to supplies of services made by that company to the company responsible for marketing the gas
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
Case C-593/13 Presidenza del Consiglio dei Ministri and Others v Rina Services and Others
Request for a preliminary ruling — Articles 49 TFEU, 51 TFEU and 56 TFEU — Freedom of establishment — Connection with the exercise of official authority — Directive 2006/123/EC — Article 14 — Bodies responsible for verifying and certifying that undertakings carrying out public works comply with the conditions laid down by law — National legislation providing that the registered office of such bodies must be situated in Italy
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-62/14 Gauweiler and Others v Deutscher Bundestag
Reference for a preliminary ruling — Economic and monetary policy — Decisions of the Governing Council of the European Central Bank (ECB) on a number of technical features regarding the Eurosystem’s outright monetary transactions in secondary sovereign bond markets — Articles 119 TFEU and 127 TFEU — Powers conferred on the ECB and the European System of Central Banks — Monetary policy transmission mechanism — Maintenance of price stability — Proportionality — Article 123 TFEU — Prohibition of monetary financing of Member States in the euro area
Request for a preliminary ruling from the Bundesverfassungsgericht
Language of the case: German
Case C-508/13 Estonia v Parliament and Council
Action for annulment — Directive 2013/34/EU — Obligations on some forms of undertakings in relation to financial statements — Principles of subsidiarity and proportionality — Obligation to state reasons
Language of the case: Estonian
Case C-583/13 P Deutsche Bahn and Others v Commission
Appeals — Competition — Rail transport and ancillary services sector — Abuse of dominant position — Regulation (EC) No 1/2003 — Articles 20 and 28(1) — Administrative procedure — Decision ordering an inspection — Commission’s powers of inspection — Fundamental right to the inviolability of the home — No prior judicial authorisation — Effective judicial review — Fortuitous discovery
Language of the case: German
Case C-586/13 Martin Meat v Simonfay and Salburg
Reference for a preliminary ruling — Freedom to provide services — Directive 96/71/EC — Article 1(3)( a) and (c) — Posting of workers — Hiring out of workers — Act of Accession of 2003 — Chapter 1, paragraphs 2 and 13 of Annexe X — Transitional measures — Access of Hungarian nationals to the labour market of States already members of the European Union at the date of accession to the European Union of the Republic of Hungary — Requirement of a work permit for the hiring out of workers — Non-sensitive sectors
Request for a preliminary ruling from the Pesti Központi Kerületi Bíróság
Language of the case: Hungarian
Case C-9/14 Staatssecretaris van Financiën v Kieback
Reference for a preliminary ruling — Freedom of movement for workers — Tax legislation — Income tax — Income received in a Member State — Non-resident worker — Tax in the State of employment — Conditions
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-535/14 P Ipatau v Council
Appeal — Common foreign and security policy — Restrictive measures taken against the Republic of Belarus — Admissibility — Time-limit for bringing proceedings — Legal aid — Suspensory effect — Effective judicial protection — Rights of the defence — Principle of proportionality
Language of the case: French
Joined Cases C-549/12 P and C-54/13 P Germany v Commission
Appeals — European Regional Development Fund (ERDF) — Reduction of financial assistance — Method of calculation by extrapolation — European Commission’s procedure for the adoption of the decision — Failure to comply with the time-limit — Consequences
Language of the case: German
Case C-263/13 P Spain v Commission
Appeals — European Regional Development Fund (ERDF) — Reduction of financial assistance — Method of calculation by extrapolation — Procedure of adoption of the decision by the European Commission — Failure to comply with the time limit laid down — Consequences
Language of the case: Spanish
Joined Cases C-293/13 P and C-294/13 P Fresh Del Monte Produce v Commission and Commission v Fresh Del Monte Produce
Appeals — Competition — Agreements, decisions and concerted practices — European banana market — Coordination in the setting of quotation prices — Concept of ‘economic unit’ between two companies — Concept of ‘decisive influence’ — Whether the conduct of one company may be imputed to another — Distortion of evidence — Burden of proof — Principle of in dubio pro reo — Concept of ‘single and continuous infringement’ — Concept of ‘concerted practice’ — Concept of ‘infringement by object’ — Undertakings that are members of the same cartel — Communication of information to the Commission — Legal obligation — Scope — Protection against self- incrimination — Intervener at first instance — Cross-appeal — Admissibility
Language of the case: English
Case C-373/13 T. v Land Baden-Württemberg
Reference for a preliminary ruling — Area of freedom, security and justice — Borders, asylum and immigration — Directive 2004/83/EC — Article 24(1) — Minimum standards for granting refugee or subsidiary protection status — Revocation of residence permit — Conditions for revocation of residence permit — Concept of ‘compelling reasons of national security or public order’ — Participation of a person with refugee status in the activities of an organisation entered in the list of terrorist organisations drawn up by the European Union
Request for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg
Language of the case: German
Case C-207/14 Hotel Sava Rogaška v Republika Slovenija
Reference for a preliminary ruling — Approximation of laws — Natural mineral water — Directive 2009/54/EC — Article 8(2) — Annex I — Prohibition on marketing ‘natural mineral water from one and the same spring’ under more than one trade description — Meaning
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
Case C-664/13 Ceļu satiksmes drošības direkcija and Latvijas Republikas Satiksmes ministrija v Nīmanis
Reference for a preliminary ruling — Transport — Driving licence — Renewal by the issuing Member State — Condition of residence in the territory of that Member State — Declaration of residence
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
Case C-671/13 Proceedings brought by Indėlių ir investicijų draudimas and Nemaniūnas
Reference for a preliminary ruling — Directives 94/19/EC and 97/9/EC — Deposit-guarantee schemes and investor-compensation schemes — Savings and investment instruments — Financial instrument within the meaning of Directive 2004/39/EC — Exclusion of the guarantee — Direct effect — Conditions to be met in order to benefit from Directive 97/9/EC
Requesst for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-18/14 CO Sociedad de Gestión y Participación and Others v De Nederlandsche Bank and Others
Reference for a preliminary ruling — Approximation of laws — Direct insurance other than life assurance — Directive 92/49/EEC — Articles 15, 15a and 15b — Prudential assessment of acquisitions and increases in a qualifying holding — Possibility to attach a restriction or requirement to the approval of a proposed acquisition
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
Case C-147/14 Loutfi Management Propriété Intellectuelle v AMJ Meatproducts and Halalsupply
Reference for a preliminary ruling — Community trade mark — Regulation (EC) No 207/2009 — Article 9(1)(b) — Effects — Rights conferred by a Community trade mark — Identical or similar signs — Prohibition of use — Likelihood of confusion — Assessment — Taking into consideration the use of a language other than an official language of the European Union
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
Case C-187/14 Skatteministeriet v DSV Road
Reference for a preliminary ruling — Community Customs Code — Regulation (EEC) No 2913/92 — Articles 203 and 204 — Regulation (EEC) No 2454/93 — Article 859 — External transit procedure — Incurrence of a customs debt — Removal or not from customs supervision — Failure to perform an obligation — Late submission of the goods at the office of destination — Goods refused by the consignee and returned without having been submitted to the customs office — Goods again placed under the external transit procedure via a fresh declaration — Directive 2006/112/EC — Article 168(e) — Deduction of VAT on import by the carrier
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-242/14 Saatgut-Treuhandverwaltung v Gerhard und Jürgen Vogel and Vogel
Reference for a preliminary ruling — Community plant variety rights — Regulation (EC) No 2100/94 — Derogation provided for in Article 14 – Use by farmers of the product of the harvest for propagating purposes without the holder’s authorisation — Farmers under an obligation to pay equitable remuneration for such use — Period within which that remuneration must be paid in order to be able to benefit from the derogation — Whether it is possible for the holder to have recourse to Article 94 — Infringement
Request for a preliminary ruling from the Landgericht Mannheim
Language of the case: German
Information (on unpublished decisions)
Case C-142/14 P The Sunrider Corporation v OHIM
Appeal — Community trade mark — Opposition proceedings — Application for registration of word mark SUN FRESH — Opposition by the proprietor of the earlier Community word mark SUNNY FRESH — Likelihood of confusion — Similarity of the goods covered by the marks at issue — Right to be heard — Regulation (EC) No 207/2009 — Articles 8(1)(b), 75 and 76
Case C-399/13 P Stichting Corporate Europe Observatory v Commission
Appeal — Regulation (EC) No 1049/2001 — Access to the documents of the European institutions — Documents relating to the trade negotiations between the European Union and the Republic of India — Full access — Refusal
Case C-678/13 Commission v Poland
Failure of a Member State to fulfil obligations — VAT — Directive 2006/112/EC — Annex III — Reduced rate of VAT applicable to medical equipment, aids and other appliances and pharmaceutical products
Case C-682/13 P Andechser Molkerei Scheitz v Commission
Appeal — Public health — List of food additives approved for use in foods — Steviol glycosides — Conditions of admissibility — Interest in bringing proceedings
Case C-161/14 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Common system of value added tax — Directive 2006/112/EC — Article 98(2) — Category (10) of Annex III — Reduced rate of VAT applicable to the provision, construction, renovation and alteration of housing, as part of a social policy — Category (10a) of Annex III — Reduced rate of VAT applicable to renovation and repairing of private dwellings, excluding materials which account for a significant part of the value of the service supplied — National legislation applying a reduced rate of VAT to supplies of services of installing energy-saving materials and supplies of such materials
Case C-576/14 P Mirelta Ingatlanhasznosító v Commission and Ombudsman
Appeal — Action for annulment — Refusal by the Commission to bring infringement proceedings — Inadmissibility and lack of jurisdiction of the General Court - Appeal in part manifestly unfounded and in part manifestly inadmissible
Case C-578/14 Argenta Spaarbank v Belgische Staat
Reference for a preliminary ruling — Corporation taxes — Directive 90/435/EEC — Article 1(2) and Article 4(2) — Parent companies and subsidiaries of different Member States — Common system of taxation — Deduction of taxable profits of the parent company — Factual and legislative context of the dispute in the main proceedings — Reasons justifying the need for an answer to the question referred for a preliminary ruling — Insufficient information — Manifest inadmissibility
Case C-579/14 P Junited Autoglas Deutschland v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community word mark United Autoglas — Application for registration — Opposition proceedings — Earlier national figurative mark AUTOGLASS — Partial refusal to register — Appeal clearly inadmissible and clearly unfounded
Case C-602/14 P Bharat Heavy Electricals v Commission
Appeal — Complaint concerning termination of a contract for the supply of transformers concluded between the appellant and a Greek public undertaking — Failure of a Member State to fulfil obligations — Commission’s refusal to bring an action for failure to fulfil obligations
Case C-602/13 Banco Bilbao Vizcaya Argentaria v Quintano Ujeta and Sánchez García
Reference for a preliminary ruling — Directive 93/13/EEC — Contractual relationship between a seller or a supplier and a consumer — Mortgage contract — Default interest clause — Early repayment clause — Mortgage enforcement proceedings — Moderation of the amount of interest — Powers of the national court)
Case C-100/14 P EMA v Commission
Appeal — Arbitration clause — Contracts Cocoon and Dicoems, concluded under the Sixth Framework Programme for Research, Technological Development and Demonstration, contributing to the creation of the European Research Area and to innovation (2002-2006) — Irregularities — Ineligible expenses — Termination of the contracts
Case C-272/14 Skatteministeriet v Baby Dan
Reference for a preliminary ruling — Customs union and Common Customs Tariff — Combined Nomenclature — Tariff classification — Heading 7318 and 8302 — Article specially designed to mount child safety gates
Case C-291/14 P Faci v Commission
Appeal — Rules of Procedure of the Court of Justice — Article 181 — Competition — Agreements, decisions and concerted practices — European tin stabilisers and epoxidised soya bean oil and esters markets — Fines — Gravity of the infringement — Principle of effective judicial protection — Appeal manifestly inadmissible or manifestly unfounded
Case C-405/14 PST CLC v Generální ředitelství cel
Reference for a preliminary ruling — Tariff classification — Validity of point 2 of the table in the annex to Regulation (EC) No 384/2004 in respect of the period from 22 March 2004 to 22 December 2009 — Applicability of that provision to customs declarations made in 2008 — Classification of products intended for use in computers, consisting of a heat sink and a fan
Case C-136/15 P Makhlouf v Council
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Article 169(2) — Content required in the application initiating an appeal — Manifest inadmissibility)
Case C-303/14 Commission v Poland
Failure of a Member State to fulfil obligations — Regulation (EC) No 842/2006 — Training and certification — Obligation to provide notification — Penalties — Regulations (EC) No 303/2008, (EC) No 304/2008, (EC) No 305/2008, (EC) No 306/2008, (EC) No 307/2008 and (EC) No 308/2008
Case C-575/14 P Evropaïki Dynamiki v Commission
Appeal — Arbitration clause — Contract relating to European Union financial support for a project in the context of the ‘eContent’ programme — Termination of the contract by the European Commission — Payment of amounts not paid and compensation for loss allegedly suffered by the applicant — Distortion of evidence in the file — Appeal manifestly inadmissible in part and manifestly unfounded as to the remainder — Application to amend the decision of the General Court of the European Union on costs — Manifest inadmissibility
July 2015
Case C-461/13 Bund für Umwelt und Naturschutz Deutschland v Bundesrepublik Deutschland
Reference for a preliminary ruling — Environment — EU action in the field of water policy — Directive 2000/60/EC — Article 4(1) — Environmental objectives relating to surface waters — Deterioration of the status of a body of surface water — Project for the development of a navigable waterway — Obligation of the Member States not to authorise a project that may cause a deterioration of the status of a body of surface water — Decisive criteria for determining whether there is a deterioration of the status of a body of water
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-497/12 Gullotta and Farmacia di Gullotta Davide & C. v Ministero della Salute and Azienda Sanitaria Provinciale di Catania
Reference for a preliminary ruling — Articles 49 TFEU, 102 TFEU and 106 TFEU — Freedom of establishment — Principle of non-discrimination — Abuse of dominant position — Article 15 of the Charter of Fundamental Rights of the European Union — Inadmissibility
Request for a preliminary ruling from the Tribunale Amministrativo Regionale della Sicilia
Language of the case: Italian
Case C-422/13 Landesamt für Landwirtschaft v Wree
Reference for a preliminary ruling — Agriculture — Common agricultural policy — Single payment scheme — Regulation (EC) No 73/2009 — Article 34(2)(a) — Concept of ‘area eligible for aid’ — Concept of ‘agricultural area’ — Area forming restored cover layer of a landfill site in after-care — Use for agricultural activities — Lawfulness
Request for a preliminary ruling from the Schleswig-Holsteinisches Oberverwaltungsgericht
Language of the case: German
Case C-684/13 Demmer v Fødevareministeriets Klagecenter
Reference for a preliminary ruling — Agriculture — Common agricultural policy — Single payment scheme — Regulation (EC) No 1782/2003 — Article 44(2) –Regulation (EC) No 73/2009 — Article 34(2)(a) — Concept of ‘eligible hectare’ — Areas surrounding runways, taxiways and stopways — Agricultural use — Lawfulness — Recovery of agricultural aid unduly allocated
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
Case C-209/14 NLB Leasing v Republika Slovenija
Reference for a preliminary ruling — VAT — Directive 2006/112/EC — Supply of goods or services — Lease agreement — Return of immovable property that is the subject-matter of a lease agreement to the lessor — Concept of ‘cancellation, refusal or total or partial non-payment’ — Lessor’s right to a reduction of the taxable amount — Double taxation — Separate supplies — Principle of fiscal neutrality
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
Case C-334/14 État belge v De Fruytier
Reference for a preliminary ruling — Sixth VAT Directive — Exemptions for certain activities in the public interest — Article 13(A)(1)(b) and (c) — Hospital and medical care — Closely related activities — Activity of transporting human organs and samples of human origin for the purposes of medical analysis or medical or therapeutic care — Self-employed activity — Hospitals, centres for medical treatment and diagnosis — Establishment of a similar nature
Request for a preliminary ruling from the Cour d'appel de Mons
Language of the case: French
Case C-607/13 Ministero dell'Economia e delle Finanze and Others v Cimmino and Others
Reference for a preliminary ruling — Agriculture — Common organisation of the markets — Bananas — Regulation (EC) No 2362/98 — Articles 7, 11 and 21 — Tariff quotas — Bananas originating in ACP countries — Newcomers — Import licences — Non-transferable nature of rights deriving from certain import licences — Abusive practice — Regulation (EC) No 2988/95 — Article 4(3)
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-63/14 Commission v France
Failure of a Member State to fulfil obligations — State aid — Illegal aid incompatible with the internal market — Obligation of recovery — Absolutely impossible — Compensation for a service additional to the basic service
Language of the case: French
Case C-87/14 Commission v Ireland
Failure of a Member State to fulfil obligations — Directive 2003/88/EC — Organisation of working time — Organisation of working time of doctors in training
Language of the case: English
Case C-144/14 Cabinet Medical Veterinar Tomoiagă Andrei v Direcția Generală Regională a Finanțelor Publice Cluj Napoca prin Administrația Județeană a Finanțelor Publice
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Articles 273 and 287 — Obligation to register a taxable person for VAT purposes — Whether veterinary services are taxable — Principle of legal certainty — Principle of protection of legitimate expectations
Request for a preliminary ruling from the Tribunalul Maramureș
Language of the case: Romanian
Case C-153/14 Minister van Buitenlandse Zaken v K and A
Reference for a preliminary ruling — Directive 2003/86/EC — Article 7(2) — Family reunification — Integration measures — National legislation requiring the family members of a third country national residing lawfully in that Member State to pass a civic integration exam in order to enter the territory of that Member State — Cost of such an exam — Compatibility
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-177/14 Regojo Dans v Consejo de Estado
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clauses 3 and 4 — Principle of non-discrimination — ‘Non-permanent staff’ — Refusal to grant a three-yearly length-of-service increment — Objective grounds
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-183/14 Salomie and Oltean v Direcția Generală a Finanțelor Publice Cluj
Reference for a preliminary ruling) — Value added tax (VAT) — Directive 2006/112/EC — Articles 167, 168, 179 and 213 — Reclassification by the national tax authority of a transaction as an economic activity subject to VAT — Principle of legal certainty — Principle of protection of legitimate expectations — National legislation making the exercise of the right of deduction subject to the identification of the trader concerned for VAT purposes and to the filing of a tax return in respect of that tax
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
Case C-229/14 Balkaya v Kiesel Abbruch- und Recycling Technik
Reference for a preliminary ruling — Directive 98/59/EC — Article 1(1)(a) — Collective redundancies — Concept of ‘worker’ — Member of the board of directors of a limited liability company — Person working under a scheme for training and reintegration into the labour market and benefitting from a public training grant but not receiving remuneration from the employer
Request for a preliminary ruling from the Arbeitsgericht Verden
Language of the case: German
Case C-231/14 P InnoLux v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Article 53 of the EEA Agreement — Worldwide market for liquid crystal display (LCD) panels — Price-fixing — Fines — Guidelines on the method of setting fines (2006) — Point 13 — Determination of the value of sales to which the infringement relates — Internal sales of the goods concerned outside the EEA — Inclusion of sales to third parties in the EEA of finished products incorporating the goods concerned
Language of the case: English
Case C-331/14 Trgovina Prizma v Republika Slovenija
Reference for a preliminary ruling — Taxation — Value added tax — Sixth Directive 77/388/EEC — Articles 2(1) and 4(1) — Tax liability — Immovable property transactions — Sale of lands assigned to the private assets of a natural person exercising the profession of sole trader — Taxable person acting as such
Request for a preliminary ruling from the Vrhovno sodišče
Language of the case: Slovene
Case C-170/13 Huawei Technologies v ZTE and ZTE Deutschland
Competition — Article 102 TFEU — Undertaking holding a patent essential to a standard which has given a commitment, to the standardisation body, to grant third parties a licence for that patent on fair, reasonable and non-discriminatory terms (‘FRAND terms’) — Abuse of a dominant position — Actions for infringement — Action seeking a prohibitory injunction — Action seeking the recall of products — Action seeking the rendering of accounts — Action for damages — Obligations of the proprietor of a patent which is essential to a standard
Request for a preliminary ruling from the Landgericht Düsseldorf
Language of the case: German
Case C-425/13 Commission v Council
Action for annulment — Council decision authorising the opening of negotiations on linking the EU greenhouse gas emissions trading scheme with a greenhouse gas emissions trading system in Australia — Negotiating directives — Special committee — Articles 13(2) TEU, 218(2) to (4) TFEU and 295 TFEU — Institutional balance
Language of the case: English
Joined Cases C-544/13 and C-545/13 Abcur v Apoteket Farmaci and Apoteket
Reference for a preliminary ruling — Medicinal products for human use — Directive 2001/83/EC — Scope — Articles 2(1) and 3, points 1 and 2 — Medicinal products prepared industrially or manufactured by a method involving an industrial process — Exceptions — Medicinal products prepared in a pharmacy in accordance with a medical prescription for an individual patient — Medicinal products prepared in a pharmacy in accordance with the prescriptions of a pharmacopoeia and intended to be supplied directly to the patients served by the pharmacy in question — Directive 2005/29/EC
Requests for a preliminary ruling from the Stockholms tingsrätt
Language of the case: Swedish
Case C-580/13 Coty Germany v Stadtsparkasse Magdeburg
Reference for a preliminary ruling — Intellectual and industrial property — Directive 2004/48/EC — Article 8(3)(e) — Sale of counterfeit goods — Right to information in the context of proceedings for infringement of an intellectual property right — Legislation of a Member State which allows banking institutions to refuse a request for information relating to a bank account (banking secrecy)
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-584/13 Directeur général des finances publiques v Mapfre asistencia and Mapfre warranty v Directeur général des finances publiques
Reference for a preliminary ruling — Taxation — Turnover tax — Scope — Exemption — Notion of ‘insurance transactions’ — Notion of ‘supply of services’ — Lump sum for a warranty covering breakdowns of a second-hand vehicle
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-612/13 P ClientEarth v Commission
Appeal — Access to documents of the institutions of the European Union — Regulation (EC) No 1049/2001 — Third indent of Article 4(2) — Environmental information — Aarhus Convention — Article 4(1) and (4) — Exception to right of access — Protection of the purpose of investigations — Studies carried out by an undertaking, at the request of the European Commission, concerning the transposition of directives on the environment — Partial refusal of access
Language of the case: English
Case C-615/13 P ClientEarth and PAN Europe v EFSA
Appeal — Access to documents of the institutions of the European Union — Regulation (EC) No 1049/2001 — Article 4(1)(b) — Regulation (EC) No 45/2001 — Article 8 — Exception to right of access — Protection of personal data — Concept of ‘Personal data’ — Conditions for transfer of personal data — Names of authors of each comment on European Food Safety Authority (EFSA) draft guidance relating to scientific documents to be included in applications for authorisation to place plant protection products on the market — Refusal of access
Language of the case: English
Case C-681/13 Diageo Brands v Simiramida-04
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Recognition and enforcement of judgments — Grounds for refusing enforcement — Infringement of public policy in the State in which recognition is sought — Judgment given by a court in another Member State contrary to EU law on trade marks — Directive 2004/48/EC — Enforcement of intellectual property rights — Legal costs
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-21/14 P Commission v Rusal Armenal
Appeal — Dumping — Imports of certain aluminium foil originating in Armenia, Brazil and China — Accession of the Republic of Armenia to the World Trade Organisation (WTO) — Article 2(7) of Regulation (EC) No 384/96 — Whether compatible with the Agreement on implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (GATT
Language of the case: English
Case C-39/14 Proceedings brought by BVVG
Reference for a preliminary ruling — State aid — Article 107(1) TFEU — Sale of agricultural land by public authorities — National provision allowing the competent authorities to object to the sale of agricultural land where the price offered is considered ‘grossly disproportionate’ to the market value — Advantage granted to certain undertakings or for the production of certain goods — Private investor test — Determination of the ‘value of the contract’
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-83/14 CHEZ Razpredelenie Bulgaria v Komisia za zashtita ot diskriminatsia
Directive 2000/43/EC — Principle of equal treatment between persons irrespective of racial or ethnic origin — Urban districts lived in mainly by persons of Roma origin — Placing of electricity meters on pylons forming part of the overhead electricity supply network, at a height of between six and seven metres — Concepts of ‘direct discrimination’ and ‘indirect discrimination’ — Burden of proof — Possible justification — Prevention of tampering with electricity meters and of unlawful connections — Proportionality — Widespread nature of the measure — Offensive and stigmatising effect of the measure — Directives 2006/32/EC and 2009/72/EC — Inability of final consumers to monitor their electricity consumption
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C-88/14 Commission v Parliament and Council
Actions for annulment — Regulation (EU) No 1289/2013 — Article 1(1) and (4) — Regulation (EC) No 539/2001 — Article 1(4)(f) — Article 290 TFEU — Suspension of exemption from the visa requirement — Insertion of a footnote — Amendment of the legislative act
Language of the case: English
Case C-95/14 UNIC and Uni.co.pel v FS Retail and Others
Reference for a preliminary ruling — Free movement of goods — Articles 34, 35 and 36 TFEU — Measures having equivalent effect — Directive 94/11/EC — Articles 3 and 5 — Exhaustive harmonisation — Bar on impeding the placing on the market of footwear which complies with the labelling requirements of Directive 94/11 — National legislation requiring the country of origin to be shown on the labelling of products manufactured abroad which use the Italian term ‘pelle’ — Products in free circulation
Request for a preliminary ruling from the Tribunale di Milano
Language of the case: Italian
Joined Cases C-108/14 and C-109/14 Larentia + Minerva and Finanzamt Hamburg-Mitte v Finanzamt Nordenham and Marenave Schiffahrt
Reference for a preliminary ruling — VAT — Sixth Council Directive 77/388/EEC — Article 17 — Right to deduction — Partial deduction — VAT paid by holding companies for the acquisition of capital invested in their subsidiaries — Services supplied to subsidiaries — Subsidiaries constituted in the form of partnerships — Article 4 — Establishment of a group of persons capable of being regarded as a single taxable person — Conditions — Need for a relationship of subordination — Direct effect
Requests for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-172/14 ING Pensii v Consiliul Concurenței
Reference for a preliminary ruling — Agreements, decisions and concerted practices — Arrangement for sharing clients on a private pension fund market — Whether there is a restriction of competition within the meaning of Article 101 TFEU — Effect on trade between Member States
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
Case C-184/14 A v B
Reference for a preliminary ruling — Judicial cooperation in civil and commercial matters — Jurisdiction in matters relating to maintenance obligations — Regulation (EC) No 4/2009 — Article 3(c) and (d) — Matter relating to maintenance in respect of minor children concurrent with the parents’ separation proceedings, brought in a Member State other than that in which the children are habitually resident
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-218/14 Singh and Others v Minister for Justice and Equality
Reference for a preliminary ruling — Directive 2004/38/EC — Article 13(2)(a) — Right of residence of family members of a Union citizen — Marriage between a Union citizen and a third-country national — Retention of the right of residence of a third-country national after the departure of the Union citizen from the host Member State, followed by divorce — Article 7(1)(b) — Sufficient resources — Taking into account the resources of the spouse who is a third-country national — Right of third-country nationals to work in the host Member State in order to contribute to obtaining sufficient resources
Request for a preliminary ruling from the High Court of Ireland
Language of the case: English
Case C-222/14 Maïstrellis v Ypourgos Dikaiosynis, Diafaneias kai Anthropinon Dikaiomaton
Reference for a preliminary ruling — Social policy — Directive 96/34/EC — Framework agreement on parental leave — Clause 2.1 — Individual right to parental leave on the grounds of the birth of a child — National legislation denying the right to such leave for a staff member whose wife does not work — Directive 2006/54/EC — Equal treatment of men and women in matters of employment and occupation — Articles 2(1)(a) and 14(1)(c) — Working conditions — Direct discrimination
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
Case C-255/14 Chmielewski v Nemzeti Adó- és Vámhivatal Dél-alföldi Regionális Vám- és Pénzügyőri Főigazgatósága
Reference for a preliminary ruling — Regulation (EC) No 1889/2005 — Controls of cash entering or leaving the European Union — Articles 3 and 9 — Obligation to declare — Infringement — Penalties — Proportionality
Request for a preliminary ruling from the Kecskeméti Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-369/14 Sommer Antriebs- und Funktechnik v Rademacher Geräte-Elektronik
Reference for a preliminary ruling — Waste electrical and electronic equipment — Directive 2002/96/EC — Articles 2(1) and 3(a) and Annexes I A and I B — Directive 2012/19/EU — Articles 2(1)(a), 2(3)(b) and 3(1)(a) and (b), and Annexes I and II — Concepts of ‘electrical and electronic equipment’ and ‘electrical and electronic tools’ — Garage-door operating devices
Request for a preliminary ruling from the Landgericht Köln
Language of the case: German
Case C-379/14 TOP Logistics and Van Caem International v Bacardi and Bacardi International - Bacardi and Bacardi International v TOP Logistics and Van Caem International
Reference for a preliminary ruling — Trade marks — Directive 89/104/EEC — Article 5 — Products bearing a trade mark released for free circulation and placed under the duty suspension arrangement without the consent of the proprietor of the trade mark — Right of that proprietor to oppose that placing — Definition of ‘using in the course of trade’
Request for a preliminary ruling from the Gerechtshof Den Haag
Language of the case: Dutch
Case C-539/14 Sánchez Morcillo and Abril García v Banco Bilbao Vizcaya Argentaria
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Directive 93/13/EEC — Article 7 — Charter of Fundamental Rights of the European Union — Articles 7 and 47 — Consumer contracts — Mortgage loan contract — Unfair terms — Mortgage enforcement proceedings — Right of appeal
Request for a preliminary ruling from the Audiencia Provincial de Castellón
Language of the case: Spanish
Case C-237/15 PPU Minister for Justice and Equality v Lanigan
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Charter of Fundamental Rights of the European Union — Article 6 — Right to liberty and security — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Obligation to execute the European arrest warrant — Article 12 — Keeping the requested person in detention — Article 15 — Surrender decision — Article 17 — Time-limits and detailed procedure for the decision on execution — Consequences of a failure to observe the time-limits
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Information (on unpublished decisions)
Case C-90/14 Banco Grupo Cajatres v Manjón Pinilla and Comunidad Hereditaria formada al fallecimiento de D. M. A. Viana Gordejuela
Reference for a preliminary ruling — Directive 93/13/EEC — Contract entered into between a seller or a supplier and a consumer — Mortgage contract — Default interest clause — Early repayment clause — Mortgage enforcement proceedings — Moderation of the amount of interest — Powers of the national court
Case C-249/14 P Pêra-Grave v OHIM
Appeal — Community trade mark — Community figurative mark QTA S. JOSÉ DE PERAMANCA — Application for registration — Opposition by the proprietor of the earlier national figurative marks VINHO PÊRAMANCA TINTO, VINHO PÊRAMANCA BRANCO and PÊRAMANCA — Relative grounds for refusal — Likelihood of confusion
Case C-348/14 Bucura v Bancpost
Reference for a preliminary ruling — Consumer protection — Directive 87/102/EEC — Article 1(2)(a) — Consumer credit — Concept of ‘consumer’ — Directive 93/13/EEC — Articles 2(b), 3 to 5 and 6(1) — Unfair terms — Examination by the national court of its own motion — Terms drafted ‘in plain, intelligible language’ — Information which the creditor must provide
Case C-360/14 P Germany v Commission
Appeal — Approximation of laws — Directive 2009/48/EC — Toy safety — Limit values for lead, barium, arsenic, antimony, mercury and nitrosamines and nitrosatable substances in toys — Commission decision not to approve in full the national provisions notified by the German authorities maintaining the limit values for those substances — Proof of a higher level of protection for human health offered by the national provisions
Case C-84/14 P Forgital Italy v Council
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for annulment — Fourth subparagraph of Article 263 TFEU — Right to bring proceedings — Locus standi — Natural or legal persons — Regulatory act entailing implementing measures — Customs rules amending the conditions of tariff suspension — Possible to bring proceedings before the national courts
Case C-151/15 Sociedade Portuguesa de Autores v Ministério Público and Others
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Copyright and related rights in the information society — Directive 2001/29/EC — Article 3(1) — Concept of ‘communication to the public’ — Broadcasting of works in a café-restaurant by means of a radio apparatus connected to loudspeakers
Case C-82/14 Agenzia delle Entrate v Nuova Invincibile
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Sixth Directive 77/388/EEC
Case C-123/14 Itales v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Taxation — VAT — Directive 2006/112/EC — Principle of tax neutrality — Deduction of input VAT — Meaning of ‘supply of goods’ — Conditions for establishing a supply of goods — No proof that the direct supplier was actually in possession of the goods
Case C-159/14 Koela-N v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Taxation — VAT — Directive 2006/112/EC — Principle of fiscal neutrality — Deduction of input VAT — ‘Supply of goods’ — Condition for the existence of a supply of goods — Direct transfer of goods from a supplier to a third party by a carrier — No evidence of actual possession of the goods by the direct supplier — Lack of cooperation between the suppliers and the tax authorities — No transhipment of goods — Evidence justifying suspicions of tax fraud
Case C-653/13 Commission v Italy
Failure of a Member State to fulfil obligations — Environment — Directive 2006/12/EC — Articles 4 and 5 — Waste management — Region of Campania — Judgment of the Court — Finding of a failure to fulfil obligations — Failure to comply in full with a judgment of the Court — Article 260(2) TFEU — Financial penalties — Penalty payment — Lump sum payment
Case C-140/14 Commission v Slovenia
Failure of a Member State to fulfil obligations — Directives 2008/98/EC and 1999/31/EC — Prevention and elimination of the depositing of excavated earth and rubble and other waste — Landfill — Failure to adopt measures for the disposal and storage of that waste — Use of judicial remedies
Case C-145/14 Commission v Bulgaria
Failure of a Member State to fulfil its obligations — Environment — Directive 1999/31/EC — Article 14 — Landfill of waste — Non-hazardous waste — Non-conformity of existing landfills
Case C-400/14 P Basic v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court — Application for registration of a Community figurative mark — Word element ‘basic’ — Earlier Community figurative mark — Word element ‘BASIC’ — Opposition by the proprietor of that mark — Partial refusal of registration — Concepts of ‘distribution services’ and of ‘retail and wholesale services’ — Scope
Case C-468/14 Commission v Denmark
Failure of a Member State to fulfil obligations — Directive 2001/37/EC — Manufacture, presentation and sale of tobacco products — Articles 2(4) and 8 — Prohibition on the sale of tobacco for oral use — Loose ‘Snus’ (oral tobacco)
Case C-485/14 Commission v France
Failure of a Member State to fulfil obligations — Free movement of capital — Articles 63 TFEU and 40 of the EEA Agreement — Duty payable on transfers for which no consideration is given — Exemption — Gifts and legacies — Difference in treatment — Bodies located in another Member State — Lack of a bilateral tax agreement
Case C-507/14 P v M
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Absence of reasonable doubt — Jurisdiction in civil matters — Regulation (EC) No 2201/2003 — Article 16(1)(a) — Determination of the time at which a court is seised — Request to stay the proceedings — No effect
Case C-299/15 Striani and Others v UEFA and URBSFA
Reference for a preliminary ruling — Insufficient information regarding the legal and factual context — Insufficient information regarding the reasons justifying the need for an answer to the questions referred for a preliminary ruling for the purposes of resolving a dispute in the main proceedings — Manifest inadmissibility
September 2015
Case C-127/14 Surmačs v Finanšu un kapitāla tirgus komisija
Reference for a preliminary ruling — Directive 94/19/EC — Point 7 of Annex I — Deposit-guarantee scheme — Exclusion of certain depositors from the deposit-guarantee scheme — Exclusion of a ‘manager’
Request for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
Case C-309/14 CGIL and INCA v Presidenza del Consiglio dei Ministri and Others
Reference for a preliminary ruling — Status of third-country nationals who are long-term residents — Directive 2003/109/EC — National legislation — Issue and renewal of a residence permit — Condition — Obligatory financial contribution — Amount eight times higher than that for obtaining a national identity card — Infringement of the principles of Directive 2003/109/EC
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-386/14 Groupe Steria v Ministère des Finances et des Comptes Publics
Reference for a preliminary ruling — Tax legislation — Freedom of establishment — Directive 90/435/EEC — Article 4(2) — Cross-border distributions of dividends — Corporation tax — Group taxation (French intégration fiscale) — Tax exemption for dividends paid by subsidiaries belonging to the tax-integrated group — Residence qualification — Dividends paid by non-resident subsidiaries — Non-deductible costs and expenses relating to the holding
Request for a preliminary ruling from the Cour administrative d'appel de Versailles
Language of the case: French
Case C-398/13 P Inuit Tapiriit Kanatami and Others v Commission
Appeal — Regulation (EC) No 737/2010 — Regulation laying down detailed rules for the implementation of Regulation (EC) No 1007/2009 — Trade in seal products — Restrictions on the import and marketing of those products — Validity — Legal basis — Article 95 EC — Charter of Fundamental Rights of the European Union — Article 17 — United Nations Declaration on the Rights of Indigenous Peoples — Article 19
Language of the case: English
Case C-526/13 Fast Bunkering Klaipėda v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling — Taxation — Value Added Tax (VAT) — Directive 2006/112/EC — Article 148(a) — Supply of goods — Definition — Exemption — Supply of goods for the fuelling and provisioning of vessels used for navigation on the high seas — Supplies to intermediaries acting in their own name
Request for a preliminary ruling from the Mokestinių ginčų komisija prie Lietuvos Respublikos vyriausybės
Language of the case: Lithuanian
Case C-89/14 A2A v Agenzia delle Entrate
Reference for a preliminary ruling — State aid — Determination of the calculation of interest relating to the recovery of aid that is incompatible with the common market — Simple or compound interest — National legislation referring, for the calculation of interest, to Regulation (EC) No 794/2004 — Recovery decision notified before that regulation entered into force
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-110/14 Costea v Volksbank România
Reference for a preliminary ruling — Directive 93/13/EEC — Article 2(b) — Concept of ‘consumer’ — Credit agreement concluded by a natural person who practises as a lawyer — Repayment of a loan secured on a building owned by the borrower’s law firm — Borrower who has the necessary knowledge to assess the unfairness of a term before signing the agreement
Request for a preliminary ruling from the Judecătoria Oradea
Language of the case: Romanian
Case C-125/14 Iron & Smith v Unilever
Reference for a preliminary ruling — Trade marks — Registration of a national trade mark identical with, or similar to, an earlier Community trade mark — Community trade mark having a reputation in the European Union — Geographical extent of the reputation
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-321/14 Colena v Karnevalservice Bastian
Reference for a preliminary ruling — Approximation of laws — Cosmetic products — Consumer protection — Regulation (EC) No 1223/2009 — Scope — Non-corrective colour contact lenses featuring designs — Statement on the outer packaging describing the product in question as a cosmetic product — Consumer protection
Request for a preliminary ruling from the Landgericht Krefeld
Language of the case: German
Case C-383/14 FranceAgriMer v Sodiaal International
Reference for a preliminary ruling — Protection of the European Union’s financial interests — Regulation (EC, Euratom) No 2988/95 — Article 3 — Recovery of Community aid — Administrative penalty — Administrative measures — Limitation period
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-463/14 Asparuhovo Lake Investment Company v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Articles 24(1), 25(b), 62(2), 63 and 64(1) — Meaning of ‘supply of services’ — Subscription contract for the supply of consulting services — Chargeable event — Need for proof of the actual supply of services — Chargeability of the tax
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
Case C-511/13 P Philips Lighting Poland and Philips Lighting v Council
Appeal — Dumping — Regulation (EC) No 384/96 — Articles 4(1), 5(4) and 9(1) — Regulation (EC) No 1205/2007 — Imports of integrated electronic compact fluorescent lamps (CFL-i) originating in China, Vietnam, Pakistan and the Philippines — Injury to the Community industry — Major proportion of the total Community production of the like products
Language of the case: English
Case C-44/14 Spain v Parliament and Council
Actions for annulment — Regulation (EU) No 1052/2013 — Crossing of the external borders — Eurosur system — Development of the provisions of the Schengen acquis — Participation — Cooperation with Ireland and the United Kingdom — Validity
Language of the case: Spanish
Case C-105/14 Criminal proceedings against Taricco and Others
Reference for a preliminary ruling — Criminal proceedings concerning offences in relation to value added tax (VAT) — Article 325 TFEU — National legislation laying down absolute limitation periods which may give rise to impunity in respect of offences — Potential prejudice to the financial interest of the European Union — Obligation, for the national court, to disapply any provision of national law liable to affect fulfilment of the Member States’ obligations under EU law
Request for a preliminary ruling from the Tribunale di Cuneo
Language of the case: Italian
Case C-13/15 Criminal proceedings against Cdiscount
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Directive 2005/29/EC — Consumer protection — Unfair commercial practices — Price reduction — Marking or display of reference price
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C-20/13 Unland v Land Berlin
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Articles 2, 3(1)(c) and 6(1) — Direct discrimination on grounds of age — Basic salary of judges — Transitional arrangements — Reclassification and subsequent career advancement — Different treatment perpetuated — Justifications
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C-506/13 P Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro v Commission
Appeal — Contract granting Community financial assistance for a project in the field of medical collaboration — Commission decision to recover in part an advance payment made — Action for annulment — Inadmissibility
Language of the case: Greek
Case C-4/14 Bohez v Wiertz
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 –– Articles 1(2) and 49 — Jurisdiction and the enforcement of judgments in civil and commercial matters — Matters excluded — Family law — Regulation (EC) No 2201/2003 — Article 47(1) — Jurisdiction and the recognition and enforcement of judgments in matters of parental responsibility — Judgment concerning rights of access which imposes a periodic penalty payment — Enforcement of that penalty payment
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Joined Cases C-72/14 and C-197/14 X v Inspecteur van Rijksbelastingdienst and van Dijk v Staatssecretaris van Financiën
References for a preliminary ruling — Migrant workers — Social security — Applicable legislation — Rhine boatmen — E 101 certificate — Probative value — Reference to the Court — Obligation to make a reference for a preliminary ruling
Requests for a preliminary ruling from the Gerechtshof te 's-Hertogenbosch and the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-160/14 Ferreira da Silva e Brito e.a. v Estado português
Reference for a preliminary ruling — Approximation of laws — Safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses — Meaning of ‘transfer of a business’ –– Obligation to make a request for a preliminary ruling under the third paragraph of Article 267 TFEU — Alleged infringement of EU law attributable to a court of a Member State against whose decisions there is no judicial remedy under national law — Rule of national law which makes the right to reparation for the loss or damage sustained as a result of such an infringement conditional on the prior setting aside of the decision that caused that loss or damage
Request for a preliminary ruling from the Varas Cíveis de Lisboa
Language of the case: Portuguese
Case C-240/14 Prüller-Frey v Brodnig and Axa Versicherung
Reference for a preliminary ruling — Air carrier liability in the event of accidents — Action for damages — Montreal Convention — Regulation (EC) No 2027/97 — Flight operated free of charge by the owner of a property in order to show that property to a prospective purchaser — Regulation (EC) No 864/2007 — Direct action provided for by national law against the civil-liability insurer
Request for a preliminary ruling from the Landesgericht Korneuburg
Language of the case: German
Case C-569/13 Bricmate v Tullverket
Reference for a preliminary ruling — Commercial policy — Anti-dumping duty imposed on imports of ceramic tiles originating in China — Implementing Regulation (EU) No 917/2011 — Validity — Regulation (EC) No 1225/2009 — Articles 3(2), 3(3), 3(5), 3(6), 17 and 20(1) — Determination of the injury and of the causal link — Errors of fact and manifest errors of assessment — Obligation to exercise due care — Examination of the evidence sent by a sampled importer — Obligation to state reasons — Rights of the defence
Request for a preliminary ruling from the Förvaltningsrätten i Malmö
Language of the case: Swedish
Case C-687/13 Fliesen-Zentrum Deutschland v Hauptzollamt Regensburg
Reference for a preliminary ruling — Dumping — Anti-dumping duty imposed on imports of ceramic tiles originating in China — Implementing Regulation (EU) No 917/2011 — Validity — Regulation (EC) No 1225/2009 — Article 2(7)(a) — Normal value — Determination on the basis of the price in a market economy third country — Selection of the appropriate third country — Duty of care — Rights of the defence — Obligation to state reasons — Sampling
Request for a preliminary ruling from the Finanzgericht München
Language of the case: German
Case C-47/14 Holterman Ferho Exploitatie and Others v Spies von Büllesheim
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 5(1) — Jurisdiction in matters relating to a contract — Article 5(3) — Jurisdiction in matters relating to tort or delict — Articles 18 to 21 — Individual employment contract — Company director’s contract — Termination of the contract — Grounds — Poor performance and wrongful conduct — Action for a declaratory judgment and for damages — Meaning of ‘individual contract of employment’
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-81/14 Nannoka Vulcanus Industries v College van gedeputeerde staten van Gelderland
Reference for a preliminary ruling — Directive 1999/13/EC — Annex IIB — Atmospheric pollution — Volatile organic compounds — Emission reductions — Use of organic solvents in certain activities and installations — Obligations applying to existing installations — Time extension
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-106/14 FCD and FMB v Ministre de l’écologie, du développement durable et de lʼénergie
Reference for a preliminary ruling — Environment and protection of human health — Regulation (EC) No 1907/2006 (REACH Regulation) — Articles 7(2) and 33 — Substances of very high concern present in articles — Duties to notify and provide information — Calculation of threshold of 0.1% weight by weight
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-151/14 Commission v Latvia
Failure of a Member State to fulfil obligations — Article 49 TFEU — Freedom of establishment — Notaries — Nationality requirement — Article 51 TFEU — Connection with the exercise of official authority
Language of the case: Latvian
Case C-266/14 Federación de Servicios Privados del sindicato Comisiones obreras v Tyco Integrated Security and Tyco Integrated Fire & Security Corporation Servicios
Reference for a preliminary ruling — Social policy — Directive 2003/88/EC — Protection of the health and safety of workers — Organisation of working time — Point (1) of Article 2 — Concept of ‘working time’ — Workers who are not assigned a fixed or habitual place of work — Time spent travelling between the workers’ homes and the premises of the first and last customers
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
Case C-363/14 Parliament v Council
Actions for annulment — Police and judicial cooperation in criminal matters — Europol — List of third States and organisations with which Europol is to conclude agreements — Determination of the legal basis — Legal framework applicable after the entry into force of the Treaty of Lisbon — Transitional provisions — Secondary legal basis — Distinction between legislative acts and implementing measures — Consultation of the Parliament — Initiative of a Member State or the Commission
Language of the case: French
Case C-408/14 Wojciechowski v ONP
Reference for a preliminary ruling — Retired EU official who has, prior to entering the service, pursued an activity in an employed capacity in the Member State in which she is posted — Pension rights by virtue of the national pension scheme for employed persons — Occupational record unit — Refusal to pay the retirement pension for employed persons — Principle of sincere cooperation
Request for a preliminary ruling from the Tribunal du travail de Bruxelles
Language of the case: French
Case C-417/14 RX-II Missir Mamachi di Lusignano v Commission
Review of the judgment of the General Court of the European Union in Missir Mamachi di Lusignano v Commission (T‑401/11 P, EU:T:2014:625) — Civil service — Non-contractual liability of the European Union based on the failure of an institution to fulfil its duty to ensure the protection of its officials — Deceased official — Non-material damage suffered by the official before his death — Material and non-material damage suffered by the family members of the official — Jurisdiction — General Court — European Union Civil Service Tribunal — Adverse effect on the unity of EU law
Language of the case: Italian
Case C-473/14 Dimos Kropias Attikis v Ypourgos Perivallontos, Energeias kai Klimatikis Allagis
Reference for a preliminary ruling — Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Protection regime in respect of the Mount Hymettus area — Modification procedure — Applicability of the directive — Master plan and environmental protection programme for the greater Athens area
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
Case C-67/14 Jobcenter Berlin Neukölln v Alimanovic
Reference for a preliminary ruling — Freedom of movement for persons — Citizenship of the Union — Equal treatment — Directive 2004/38/EC — Article 24(2) — Social assistance — Regulation (EC) No 883/2004 — Articles 4 and 70 — Special non-contributory cash benefits — Member State nationals who are job-seekers and resident in a different Member State — Excluded — Retention of the status of ‘worker’
Request for a preliminary ruling from the Bundessozialgericht
Language of the case: German
Case C-361/13 Commission v Slovakia
Failure of a Member State to fulfil obligations — Regulation (EC) No 883/2004 — Article 7 — Old-age benefit — Christmas bonus — Residence requirement
Language of the case: Slovak
Case C-433/13 Commission v Slovakia
Failure of a Member State to fulfil obligations — Regulation (EC) No 883/2004 — Article 7 — Article 21 — Sickness benefit — Care allowance, assistance allowance and compensatory allowance for extra costs — Residence requirement
Language of the case: Slovak
Case C-519/13 Alpha Bank Cyprus v Si Senh and Others
Reference for a preliminary ruling — Judicial cooperation in civil or commercial matters — Service of judicial and extrajudicial documents — Regulation (EC) No 1393/2007 — Article 8 — Refusal to accept the document — Failure to provide a translation of one of the documents served — Failure to use the standard form set out in Annex II to that regulation — Consequences
Request for a preliminary ruling from the Anotato Dikastirio Kyprou
Language of the case: Greek
Case C-215/14 Société des Produits Nestlé v Cadbury
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 3(3) — Concept of ‘distinctive character acquired through use’ — Three-dimensional mark — Kit Kat four finger chocolate-coated wafer — Article 3(1)(e) — Sign which consists of both the shape which results from the nature of the goods themselves and the shape which is necessary to obtain a technical result — Manufacturing process included in the technical result
Request for a preliminary ruling from the High Court of Justice of England and Wales, Chancery Division, Intellectual Property
Language of the case: English
Case C-589/13 Proceedings brought by F.E. Familienprivatstiftung Eisenstadt
Reference for a preliminary ruling — Free movement of capital — Article 56 EC — Interim taxation of capital gains and income from the disposal of holdings by a national foundation — Refusal of right to deduct from the taxable amount gifts to non-resident beneficiaries exempt from tax in the Member State of the foundation under a double taxation convention
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-597/13 P Total v Commission
Appeals — Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Slack wax market — Infringement committed by a subsidiary wholly owned by the parent company — Presumption of decisive influence exercised by the parent company over its subsidiary — Liability of the parent company arising solely from the unlawful conduct of its subsidiary — Judgment reducing the fine imposed on the subsidiary — Effects on the legal situation of the parent company
Language of the case: French
Case C-634/13 P Total Marketing Services v Commission
Appeal — Competition — Paraffin waxes market — Slack wax market — Duration of participation in an unlawful cartel — Cessation of the participation — Interruption of the participation — Absence of collusive contact established during a certain period of time — Continuation of the infringement — Burden of proof — Public distancing — Perception of the other participants in the cartel of the company’s intention to distance itself — Obligation to state reasons — Principles of the presumption of innocence, equal treatment, effective judicial protection and that penalties must be specific
Language of the case: French
Joined Cases C-10/14, C-14/14 and C-17/14 Miljoen and Others v Staatssecretaris van Financiën
References for a preliminary ruling — Direct taxation — Articles 63 TFEU and 65 TFEU — Free movement of capital — Taxation of dividends from portfolios of shares — Withholding tax — Restriction — Final tax burden — Factors for comparing the tax burdens of resident and non-resident taxpayers — Comparability — Taking into account income tax or corporation tax — Conventions for the avoidance of double taxation — Neutralisation of the restriction by means of a convention
Requests for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-33/14 P Mory and Others v Commission
Appeal — State aid — Actions for annulment — Article 263 TFEU — Admissibility — Unlawful and incompatible aid — Obligation to recover — European Commission decision not to extend the recovery obligation to the successor of the aid beneficiary — Interest in bringing proceedings — Action for damages and for the recovery of aid before the national courts — Locus standi — Appellant not individually concerned
Language of the case: French
Case C-85/14 KPN v ACM
Reference for a preliminary ruling — Electronic communications networks and services — Universal service and users’ rights — Directive 2002/22/EC — Article 28 — Access to numbers and to services — Non-geographic numbers — Directive 2002/19/EC — Articles 5, 8 and 13 — Powers of the national regulatory authorities — Price control — Call transit services — National legislation requiring providers of telephone call transit services not to charge higher tariffs for calls to non-geographic numbers than for calls to geographic numbers — Undertaking without significant market power — Relevant national authority
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
Case C-257/14 van der Lans v Koninklijke Luchtvaart Maatschappij
Reference for a preliminary ruling — Air transport — Passengers’ rights in the event of delay or cancellation of a flight — Regulation (EC) No 261/2004 — Article 5(3) — Denied boarding and cancellation — Long flight delay — Compensation and assistance to passengers — Extraordinary circumstances
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-344/14 Kyowa Hakko Europe v Hauptzollamt Hannover
Reference for a preliminary ruling — Tariff and statistical nomenclature — Classification of goods — Amino acid mixes used for the preparation of foodstuffs for infants and young children allergic to cow’s milk proteins — Classification under tariff headings 2106 ‘food preparations’ or 3003 ‘medicinal products’
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-416/14 Fratelli De Pra and SAIV v Agenzia Entrate - Direzione Provinciale Ufficio Controlli Belluno and Agenzia Entrate - Direzione Provinciale Ufficio Controlli Vicenza
Reference for a preliminary ruling — Telecommunications networks and services — Directives 2002/19/EC, 2002/20/EC, 2002/21/EC, 2002/22/EC — Free circulation of terminal equipment for terrestrial mobile telecommunications — Directive 1999/5/EC — Tax on the use of equipment — General authorisation or licence for use — Subscription contract equivalent to a general authorisation or licence — Differential treatment of users depending on whether or not they have a subscription contract
Request for a preliminary ruling from the Commissione Tributaria Regionale di Mestre-Venezia
Language of the case: Italian
Case C-386/15 P(R) Alcogroup and Alcodis v Commission
Appeal — Order for interim measures — Competition — Agreements, decisions and concerted practices — Order to submit to an inspection — Breach of professional secrecy — Refusal to suspend measures of investigation — Need to adopt interim measures — Absence — Inadmissibility
Language of the case: French
Case C-463/15 PPU Openbaar Ministerie v A.
Reference for a preliminary ruling — Urgent preliminary-ruling procedure — Article 99 of the Rules of Procedure of the Court of Justice — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 2(4) and Article 4.1 — Conditions of execution — National criminal law making the execution of a European arrest warrant subject to, in addition to double criminality, the condition that the criminal act is punishable by a custodial sentence or a detention order for a maximum period of at least 12 months under the law of the executing Member State
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-276/14 Gmina Wrocław v Minister Finansów
Reference for a preliminary ruling — Value added tax — Directive 2006/112/EC — Article 9(1) — Article 13(1) — Taxable persons — Interpretation of the word ‘independently’ — Municipal body — Economic activities carried out by an organisational entity of a municipality other than as a public authority — Whether such an entity may be regarded as a ‘taxable person’ within the meaning of the provisions of Directive 2006/112 — Articles 4(2) and 5(3) TEU
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Information (on unpublished decisions)
Case C-531/14 P Giorgis v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Invalidity proceedings — Three-dimensional Community trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute ground for invalidity — No distinctive character — Shape of two packaged goblets
Case C-456/14 Orrego Arias v Subdelegación del Gobierno en Ciudad Real
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2001/40/EC — Mutual recognition of decisions on the expulsion of third country nationals — Article 3(1)(a) — Concept of ‘offence punishable by a penalty involving deprivation of liberty of at least one year’ — Decision on the expulsion of a third country national owing to a criminal conviction — Situation which is not covered by Directive 2001/40 — Manifest lack of jurisdiction
Joined Cases C-585/14, C-587/14 and C-588/14 Chiş and Others v Administrația Județeană a Finanțelor Publice Cluj and Administrația Județeană a Finanțelor Publice Sălaj
Reference for a preliminary ruling — Internal Taxation — Article 110 TFEU — Tax levied by a Member State on motor vehicles at the time of their first registration or of the first transfer of the right of ownership — Fiscal neutrality as between second hand motor vehicles imported from other Member States and similar motor vehicles available on the domestic market
Case C-52/15 P Lambauer v Council
Appeal — Statute of the Court of Justice of the European Union — Article 19 — Action for annulment manifestly inadmissible — Absence of representation on the part of the applicant — Grounds of appeal manifestly unfounded
Case C-250/15 Vivium v Belgische Staat
Reference for a preliminary ruling – Factual and regulatory background to the dispute in the main proceedings – Lack of sufficient information – Manifest inadmissibility
Case C-62/15 P DTL Corporación v OHIM
Appeal — Article 181 the Rules of Procedure of the Court of Justice — Community trade mark — Application for registration of the word mark Generia — Opposition by the proprietor of the earlier Community figurative mark Generalia generación renovable — Partial refusal to register — Regulation (EC) No 207/2009 — Article 8(1)(b) — Likelihood of confusion — Article 64(1) — Powers of the Board of Appeal — Article 75, second subparagraph — Right to be heard
Case C-36/14 Commission v Poland
Failure of a Member State to fulfil obligations — Internal market in natural gas — Directive 2009/73/EC — State intervention consisting of the obligation to apply prices for supplies of national gas approved by a national authority — Measure unlimited in time — No obligation to check at regular intervals the necessity of that measure and the nature of its application — Application to an unlimited set of users, without distinction between customers or between specific situations — Proportionality
Joined Cases C-455/13 P, C-457/13 P and C-460/13 P Confederazione Cooperative Italiane and Others v Anicav and Others
Appeals — Agriculture — Common organisation of the markets — Fruit and vegetable sector — Regulation (EC) No 1580/2007 — Article 52(2a) — Implementing Regulation (EU) No 543/2011 — Articles 50(3) and 60(7) — Aid to producer organisations — Products processed from fruit and vegetables — Flat rate covering certain processing operations — Eligibility of investments and actions connected with the processing — Actions for annulment — Admissibility — Whether directly concerned
Case C-367/14 Commission v Italy
Failure of a Member State to fulfil obligations — State aid — Aid granted to firms located in Venice and Chioggia — Reduction of social security contributions — Failure to recover aid within the prescribed period — Judgment of the Court establishing that a Member State has failed to fulfil its obligations — Non-compliance — Article 260(2) TFEU — Pecuniary penalties — Penalty payment — Lump sum
Case C-548/14 P Arnoldo Mondadori Editore v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Regulation (EC) No 40/94 — Application for registration of the word mark GRAZIA — Opposition by the proprietor of the international, Community and national word and figurative marks including the word element ‘GRAZIA’ — Rejection of the opposition — Article 8(1)(b) — Likelihood of confusion — Article 8(5) — Reputation
Case C-615/14 P AQ v Parliament
Appeal — Essential procedural requirements — Representation by a lawyer — Manifest inadmissibility)
Case C-1/15 SA Shotef v Commission
Application for leave to serve a garnishee order on the European Union
Case C-2/15 SA ANKO v Commission
Application for leave to serve a garnishee order on the European Union
Case C-424/14 Balogh v Nemzeti Adó- és Vámhivatal Dél-dunántúli Regionális Adó Főigazgatósága
Reference for a preliminary ruling –VAT — Directive 2006/112/EC — Articles 213 and 214 — Commencement of an activity not stated — Exemption scheme for small businesses — Penalty
October 2015
Case C-606/13 OKG v Skatteverket
Reference for a preliminary ruling — Directive 2003/96/EC — Articles 4 and 21 — Directive 2008/118/EC — Directive 92/12/EEC — Article 3(1) — Scope — Rules of a Member State — Levying of a tax on the thermal power of nuclear reactors
Request for a preliminary ruling from the Kammarrätten i Sundsvall
Language of the case: Swedish
Case C-32/14 ERSTE Bank Hungary v Sugár
Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms in consumer contracts concluded between a seller or supplier and a consumer — Mortgage loan agreement — Article 7(1) — Stopping the use of unfair terms — Adequate and effective means — Acknowledgement of the debt — Notarised instrument — Affixation of the enforcement clause by a notary — Enforceable order — Notary’s obligations — Examination by the national court of its own motion of unfair terms — Judicial review — Principles of equivalence and effectiveness
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-201/14 Bara and Others v Casa Naţională de Asigurări de Sănătate and Others
Reference for a preliminary ruling — Directive 95/46/EC — Processing of personal data — Articles 10 and 11 — Data subjects’ information — Article 13 — Exceptions and limitations — Transfer by a public administrative body of a Member State of personal tax data for processing by another public administrative body
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
Case C-230/14 Weltimmo v Nemzeti Adatvédelmi és Információszabadság Hatóság
Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Directive 95/46/EC — Articles 4(1) and 28(1), (3) and (6) — Controller who is formally established in a Member State — Impairment of the right to the protection of personal data concerning natural persons in another Member State — Determination of the applicable law and the competent supervisory authority — Exercise of the powers of the supervisory authority — Power to impose penalties
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-290/14 Criminal proceedings against Celaj
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Return of illegally staying third-country nationals — Return decision accompanied by an entry ban of three years’ duration — Breach of an entry ban — Third-country national previously removed — Sentence of imprisonment in case of new unlawful entry into the national territory — Compatibility
Request for a preliminary ruling from the Tribunale di Firenze
Language of the case: Italian
Joined Cases C-340/14 and C-341/14 Trijber v College van Burgemeester en Wethouders van Amsterdam and Harmsen v Burgemeester van Amsterdam
Reference for a preliminary ruling — Directive 2006/123/EC — Services in the internal market — Leisure boating — Window prostitution businesses — Article 2(2)(d) — Scope — Not included — Services in the field of transport — Freedom of establishment — Authorisation scheme — Article 10(2)(c) — Conditions for granting the authorisation — Proportionality — Language requirement — Article 11(1)(b) — Duration of the authorisation — Restriction of the number of authorisations available — Overriding reason relating to the public interest
Requests for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-357/14 P Electrabel and Dunamenti Erőmű v Commission
Appeal — State aid — Aid granted by the Hungarian authorities to certain electricity generators — Power purchase agreements concluded between a public undertaking and certain electricity generators — Decision declaring that aid incompatible with the common market and ordering its recovery — Meaning of ‘party’ capable of bringing an appeal before the Court — Accession of Hungary to the European Union — Date relevant to the assessment of the existence of aid — Concept of State aid — Advantage — Private investor test — Methodology for calculating the amount of aid
Language of the case: English
Case C-432/14 O v Bio Philippe Auguste
Reference for a preliminary ruling — Social policy — Principles of equal treatment and non-discrimination on grounds of age — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(1) and 2(2)(a) — Difference in treatment on grounds of age — Whether situations comparable — Grant of a payment, on the expiry of a fixed-term employment contract, intended to compensate for insecurity — Exclusion of young people working during their school holidays or university vacations
Request for a preliminary ruling from the conseil de prud'hommes de Paris
Language of the case: French
Case C-452/14 AIFA and Ministero della Salute v Doc Generici
Reference for a preliminary ruling — Article 267 TFEU — Obligation to bring the matter before the Court of Justice — Approximation of laws — Proprietary medicinal products — Medicinal products for human use — Marketing authorisation — Variation — Fees — Regulation (EC) No 297/95 — Regulation (EC) No 1234/2008 — Scope
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-303/13 P Commission v Andersen
Appeal — Competition — State aid — Aid granted by the Danish authorities to the public undertaking Danske Statsbaner (DSB) — Public service contracts for the supply of passenger rail transport services between Copenhagen (Denmark) and Ystad (Sweden) — Decision declaring the aid compatible with the internal market subject to conditions — Temporal application of rules of substantive law
Language of the case: English
Case C-346/13 Ville de Mons v Base Company
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/20/EC — Article 13 — Fee for rights to install facilities — Scope — Municipal regulations making owners of mobile telephone transmission pylons and masts subject to payment of a tax
Request for a preliminary ruling from the Cour d'appel de Mons
Language of the case: French
Case C-650/13 Delvigne v Commune de Lesparre Médoc and Préfet de la Gironde
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Articles 39 and 49 — European Parliament — Elections — Right to vote — Citizenship of the European Union — Retroactive effect of the more lenient criminal law — National legislation providing for the deprivation of the right to vote in the case of a criminal conviction by a final judgment delivered before 1 March 1994
Request for a preliminary ruling from the Tribunal d'instance de Bordeaux
Language of the case: French
Case C-23/14 Post Danmark v Konkurrencerådet
Reference for a preliminary ruling — Article 82 EC — Abuse of a dominant position — Market for the distribution of bulk mail — Direct advertising mail — Retroactive rebate scheme — Exclusionary effect — ‘As-efficient-competitor’ test — Degree of likelihood and seriousness of an anti-competitive effect
Request for a preliminary ruling from the Sø- og Handelsretten
Language of the case: Danish
Case C-59/14 Firma Ernst Kollmer Fleischimport und -export v Hauptzollamt Hamburg-Jonas
Reference for a preliminary ruling — Regulation (EC, Euratom) No 2988/95 — Protection of the European Union’s financial interests — Article 1(2) and the first subparagraph of Article 3(1) — Recovery of an export refund — Limitation period — Date from which time runs (dies a quo) — Act or omission by the economic operator — Occurrence of the prejudice — Continuous infringement — Single infringement
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C-61/14 Orizzonte Salute v Azienda Pubblica di Servizi alla persona San Valentino and Others
Reference for a preliminary ruling — Directive 89/665/EEC — Public procurement — National legislation — Fees for access to administrative proceedings in the field of public procurement — Right to an effective remedy — Dissuasive fees — Judicial review of administrative decisions — Principles of effectiveness and equivalence — Effectiveness
Request for a preliminary ruling from the Tribunale regionale di giustizia amministrativa di Trento
Language of the case: Italian
Case C-66/14 Finanzamt Linz v Bundesfinanzgericht, Außenstelle Linz
Reference for a preliminary ruling — Articles 49 TFEU, 54 TFEU, 107 TFEU and 108(3) TFEU — Freedom of establishment — State aid — Taxation of groups of companies — Acquisition of a holding in a subsidiary — Depreciation of the goodwill — Limitation on holdings in resident companies
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-69/14 Târșia v Statul român and Serviciul Public Comunitar Regim Permise de Conducere si Inmatriculare a Autovehiculelor
Reference for a preliminary ruling — Principles of equivalence and effectiveness — Res judicata — Recovery of undue payments — Recovery of taxes levied by a Member State in breach of EU law — Final decision of a court or tribunal imposing payment of a tax which is incompatible with EU law — Application for revision of such a decision — National legislation allowing the revision, in the light of later preliminary rulings given by the Court, of final decisions of a court or tribunal made exclusively in administrative proceedings
Request for a preliminary ruling from the Tribunalul Sibiu
Language of the case: Romanian
Case C-71/14 East Sussex County Council v Information Commissioner and Others
Reference for a preliminary ruling — Aarhus Convention — Directive 2003/4/EC — Articles 5 and 6 — Public access to environmental information — Charge for supplying environmental information — Reasonable amount — Costs of maintaining a database and overheads — Access to justice — Administrative and judicial review of a decision imposing a charge
Request for a preliminary ruling from the First-tier Tribunal
Language of the case: English
Case C-73/14 Council v Commission
Action for annulment — United Nations Convention on the Law of the Sea — International Tribunal for the Law of the Sea — Illegal, unreported and unregulated fishing — Advisory opinion proceedings — Submission by the European Commission of a written statement on behalf of the European Union — No prior approval of the content of that statement by the Council of the European Union — Article 13(2) TEU, Article 16 TEU and Article 17(1) TEU — Article 218(9) TFEU and Article 335 TFEU — Representation of the European Union — Principles of conferral of powers and institutional balance — Principle of sincere cooperation
Language of the case: English
Case C-203/14 Consorci Sanitari del Maresme v Corporació de Salut del Maresme i la Selva
Reference for a preliminary ruling — Article 267 TFEU — Jurisdiction of the Court — Status of the referring body as a court or tribunal — Independence — Compulsory jurisdiction — Directive 89/665/EEC — Article 2 — Bodies responsible for review procedures — Directive 2004/18/EC — Articles 1(8) and 52 — Public procurement procedures — Meaning of ‘public entity’ — Public authorities — Inclusion
Request for a preliminary ruling from the Tribunal Català de Contractes del Sector Públic
Language of the case: Spanish
Case C-298/14 Brouillard v Jury du concours de recrutement de référendaires and État belge
Reference for a preliminary ruling — Freedom of movement of persons — Articles 45 TFEU and 49 TFEU — Workers — Employment in the public service — Directive 2005/36/EC — Recognition of professional qualifications — Definition of ‘regulated profession’ — Admission to a competition to recruit legal secretaries at the Cour de cassation (Belgium)
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
Case C-354/14 Capoda Import-Export v Registrul Auto Român and Bejan
Reference for a preliminary ruling — Free movement of goods — Measures having equivalent effect — Products in free circulation in Germany — Products subject to homologation inspections in Romania — Certificate of conformity issued by a distributor in another Member State — Certificate deemed insufficient to allow the free marketing of those products — Principle of mutual recognition — Partly inadmissible
Request for a preliminary ruling from the Tribunalul Cluj
Language of the case: Romanian
Case C-362/14 Schrems v Data Protection Commissioner
Reference for a preliminary ruling — Personal data — Protection of individuals with regard to the processing of such data — Charter of Fundamental Rights of the European Union — Articles 7, 8 and 47 — Directive 95/46/EC — Articles 25 and 28 — Transfer of personal data to third countries — Decision 2000/520/EC — Transfer of personal data to the United States — Inadequate level of protection — Validity — Complaint by an individual whose data has been transferred from the European Union to the United States — Powers of the national supervisory authorities
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Case C-404/14 Proceedings brought by Matoušková
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 1(1)(b) — Substantive scope — Inheritance settlement agreement between the surviving spouse and minor children represented by a guardian ad litem — Classification — Requirement for approval of such an agreement by the court — Measure relating to parental responsibility or measure relating to succession
Request for a preliminary ruling from the Nejvyšší soud České republiky
Language of the case: Czech
Case C-471/14 Seattle Genetics v Österreichisches Patentamt
Reference for a preliminary ruling — Intellectual and industrial property — Proprietary medicinal products — Regulation (EC) No 469/2009 — Article 13(1) — Supplementary protection certificate — Duration — Concept of the ‘date of the first authorisation to place the product on the market in the European Union’ — Whether account is to be taken of the date of the decision granting authorisation or the date on which notification was given of that decision
Request for a preliminary ruling from the Oberlandesgericht Wien
Language of the case: German
Case C-489/14 A v B
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility — Regulation (EC) No 2201/2003 — Lis pendens — Articles 16 and 19(1) and (3) — Judicial separation proceedings in a first Member State and divorce proceedings in a second Member State — Jurisdiction of the court first seised — Concept of ‘established’ jurisdiction — Lapse of the first proceedings and commencement of fresh divorce proceedings in the first Member State — Consequences — Time difference between the Member States — Effects on the procedure for seising the courts
Request for a preliminary ruling from the High Court of Justice of England and Wales
Language of the case: English
Case C-500/14 Ford Motor Company v Wheeltrims
Reference for a preliminary ruling — Designs — Directive 98/71/EC — Article 14 — Regulation (EC) No 6/2002 — Article 110 — So-called ‘repair’ clause — Use by a third party of a trade mark, without the consent of the owner, for replacement parts or accessories for motor vehicles identical to the goods for which the trade mark is registered
Request for a preliminary ruling from the Tribunale ordinario di Torino
Language of the case: Italian
Case C-508/14 Český telekomunikační úřad v T-Mobile Czech Republic and Vodafone Czech Republic
Reference for a preliminary ruling — Directive 2002/22/EC (Universal Service Directive) — Costing of universal service obligations — Taking account of the rate of return on equity capital — Direct effect — Scope ratione temporis
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-517/14 P Schutzgemeinschaft Milch und Milcherzeugnisse v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Agriculture — Regulation (EC) No 510/2006 — Register of protected designations of origin and protected geographical indications — Registration of the designation ‘Edam Holland’ — Producers using the name ‘edam’ — Absence of a legal interest in bringing proceedings
Language of the case: German
Case C-362/15 P(I) Etairia Larymnis Larko v Commission
Appeal — Intervention — Creditor of a main party — Interest in the result of the case — None
Language of the case: Greek
Case C-410/15 P(I) Comité d'entreprise de la SNCM v Commission
Appeal — Intervention — Interest in the result of the case
Language of the case: French
Case C-418/15 P(I) Cap Actions SNCM v Commission
Appeal — Intervention — Interest in the result of the case
Language of the case: French
Case C-137/14 Commission v Germany
Failure of a Member State to fulfil obligations — Directive 2011/92/EU — Assessment of the effects of certain public and private projects on the environment — Article 11 — Directive 2010/75/EU — Industrial emissions (integrated pollution prevention and control) — Article 25 — Access to justice — Non-compliant national procedural rules
Language of the case: German
Case C-168/14 Grupo Itevelesa and Others v Oca Inspección Técnica de Vehículos and Generalidad de Cataluña
Reference for a preliminary ruling — Articles 49 TFEU and 51 TFEU — Freedom of establishment — Directive 2006/123/EC — Scope — Services in the internal market — Directive 2009/40/EC — Access to vehicle roadworthiness testing activities — Exercise by a private body — Activities connected with the exercise of official authority — Prior authorisation scheme — Overriding reasons relating to the public interest — Road safety — Territorial distribution — Minimum distance between roadworthiness testing centres — Maximum market share — Justification — Whether appropriate for the purpose of achieving the objective pursued — Coherence — Proportionality
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-216/14 Criminal proceedings against Covaci
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2010/64/EU — Right to interpretation and translation in criminal proceedings — Language of the proceedings — Penalty order imposing a fine — Possibility of lodging an objection in a language other than the language of the proceedings — Directive 2012/13/EU — Right to information in criminal proceedings — Right to be informed of the charge — Service of a penalty order — Procedures — Mandatory appointment by the accused person of person authorised to accept service — Period for lodging an objection running from service on the person authorised to accept service
Request for a preliminary ruling from the Amtsgericht Laufen
Language of the case: German
Case C-251/14 Balázs v Nemzeti Adó- és Vámhivatal Dél-alföldi Regionális Vám- és Pénzügyőri Főigazgatósága
Reference for a preliminary ruling — Approximation of laws — Quality of diesel fuels — National technical specification imposing additional quality requirements compared to EU law
Request for a preliminary ruling from the Kecskeméti Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-306/14 Direktor na Agentsia "Mitnitsi" v Biovet
Reference for a preliminary ruling — Directive 92/83/EEC — Harmonisation of the structures of excise duties on alcohol and alcoholic beverages — Article 27(1)(d) — Exemption from the harmonised excise duty — Ethyl alcohol — Use for cleaning and disinfection of equipment and facilities used for the production of medicines
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-310/14 Nike European Operations Netherlands v Sportland
Reference for a preliminary ruling — Regulation (EC) No 1346/2000 — Articles 4 and 13 — Insolvency proceedings — Detrimental legal acts — Action for restitution of payments made before the date on which insolvency proceedings were opened — Law of the Member State in which insolvency proceedings were opened — Law of the Member State governing the legal act at issue — Law not allowing ‘any means of challenging that act in the relevant case’ — Burden of proof
Request for a preliminary ruling from the Helsingin hovioikeus
Language of the case: Finnish
Joined Cases C-352/14 and C-353/14 Iglesias Gutiérrez and Rion Bea v Bankia and Others
Reference for a preliminary ruling — Articles 107 TFEU and 108 TFEU — Financial crisis — Aid to the financial sector — Compatibility of aid with the internal market — Decision of the European Commission — Financial entity undergoing restructuring — Dismissal of an employee — National rules concerning the levels of redundancy payments
Request for a preliminary ruling from the Juzgado de lo Social n° 2 de Terrassa
Language of the case: Spanish
Case C-494/14 European Union v Axa Belgium
Reference for a preliminary ruling — Officials — Staff Regulations — Articles 73, 78 and 85a — Traffic accident — National law establishing strict liability — Subrogation of the European Union — Concept of a ‘third party’ — Autonomous concept of EU law — Concept covering any person required, under national law, to pay compensation for the damage suffered by the victim or those entitled under him — Benefits not definitively payable by the European Union
Request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles
Language of the case: French
Case C-347/14 New Media Online v Bundeskommunikationssenat and Der Bundeskanzler
Reference for a preliminary ruling — Directive 2010/13/EU — Concepts of ‘programme’ and ‘audiovisual media service’ — Determination of the principal purpose of an audiovisual media service — Comparability of the service to television broadcasting — Inclusion of short videos in a section of a newspaper’s website available on the Internet
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-215/15 Ivanova Gogova v Dimitrov Iliev
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility — Regulation (EC) No 2201/2003 — Scope — Article 1(1)(b) — Attribution, exercise, delegation, restriction or termination of parental responsibility — Article 2 — Concept of parental responsibility — Dispute between parents on travel by their child and the issue of a passport to the child — Prorogation of jurisdiction — Article 12 — Conditions — Acceptance of the jurisdiction of the courts seised — Non-appearance of the defendant — Jurisdiction not contested by the defendant’s legal representative appointed by the courts seised of their own motion
Request for a preliminary ruling from the Varhoven kasatsionen sad
Language of the case: Bulgarian
Case C-552/13 Grupo Hospitalario Quirón v Departamento de Sanidad del Gobierno Vasco and Instituto de Religiosas Siervas de Jesús de la Caridad
Reference for a preliminary ruling — Public service contracts — Directive 2004/18/EC — Article 23(2) — Management of public health services — Provision of health services under the remit of public hospitals in private establishments — Requirement that the services be provided in a particular municipality
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo de Bilbao
Language of the case: Spanish
Case C-20/14 BGW Beratungs-Gesellschaft Wirtschaft v Scholz
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Further grounds for refusal or invalidity — Word mark — Same letter sequence as an earlier trade mark — Addition of a descriptive word combination — Existence of a likelihood of confusion
Request for a preliminary ruling from the Bundespatentgericht
Language of the case: German
Case C-126/14 Sveda v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling — VAT — Directive 2006/112/EC — Article 168 — Right of deduction — Deduction of input VAT on the acquisition or production of capital goods — Recreational path directly intended for use by the public free of charge — Use of the recreational path as a means of carrying out taxed transactions
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-185/14 EasyPay and Finance Engineering v Ministerski savet na Republika Balgaria and Natsionalen osiguritelen institut
Reference for a preliminary ruling — Money order service — Directive 97/67/EC — Scope — National legislation granting an exclusive right to provide a money order service — State aid — Economic activity — Services of general economic interest
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-194/14 P AC-Treuhand v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European tin stabiliser and ESBO/esters heat stabiliser markets — Article 81(1) EC — Scope — Consultancy firm not operating on the relevant markets — Definition of ‘agreement between undertakings’ and ‘concerted practice’ — Calculation of the amount of fines — The 2006 Guidelines on the method of setting fines — Unlimited jurisdiction
Language of the case: German
Case C-245/14 Thomas Cook Belgium v Thurner Hotel
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EC) No 1896/2006 — European order for payment procedure — Late statement of opposition — Article 20(2) — Application for review of the European order for payment — Objection to the jurisdiction of the court of origin — European order for payment wrongly issued having regard to the requirements laid down in the regulation — Not ‘clearly’ wrongly issued — No ‘exceptional’ circumstances
Request for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
Case C-264/14 Skatteverket v Hedqvist
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Articles 2(1)(c) and 135(1)(d) to (f) — Services for consideration — Transactions to exchange the ‘bitcoin’ virtual currency for traditional currencies — Exemption
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
Case C-277/14 PPUH Stehcemp v Dyrektor Izby Skarbowej w Łodzi
Reference for a preliminary ruling — Taxation — Value added tax — Sixth Directive — Right of deduction — Refusal — Sale by an entity regarded as non-existent
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-378/14 Bundesagentur für Arbeit - Familienkasse Sachsen v Trapkowski
Reference for a preliminary ruling — Social security — Regulation (EC) No 883/2004 — Article 67 — Regulation (EC) No 987/2009 — Article 60(1) — Payment of family benefits where parents are divorced — Definition of the ‘person concerned’ — Law of a Member State providing for the payment of family benefits to the parent who has taken the child into his household — Residence of that parent in another Member State — Failure of that parent to claim family benefits — Possibility of entitlement of the other parent to claim those family benefits
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-425/14 Impresa Edilux and SICEF v Assessorato Beni Culturali e Identità Siciliana and Others
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Grounds for exclusion from participation in a tendering procedure — Contract falling below the threshold of application of that directive — Fundamental rules of the FEU Treaty — Declaration of acceptance of a legality protocol on combating criminal activity — Exclusion for failure to lodge such a declaration — Whether permissible — Proportionality
Request for a preliminary ruling from the Consiglio di Giustizia Amministrativa per la Regione siciliana
Language of the case: Italian
Case C-523/14 Aannemingsbedrijf Aertssen and Aertssen Terrassements v VSB Machineverhuur and Others
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 1 — Scope — Complaint seeking to join a civil action to proceedings — Article 27 — Lis pendens — Proceedings brought before a court of another Member State — Ongoing judicial investigation — Article 30 — Time when a court is deemed to be seised
Request for a preliminary ruling from the Rechtbank Gelderland
Language of the case: Dutch
Case C-8/14 BBVA v Peñalva López and Others
Reference for a preliminary ruling — Directive 93/13/EEC — Mortgage loan agreement — Unfair terms — Enforcement proceedings — Opposition — Time limits
Request for a preliminary ruling from the Juzgado de Primera Instancia n° 4 de Martorell
Language of the case: Spanish
Case C-78/14 P Commission v ANKO
Appeal — Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Contracts relating to EU financial support granted to the Perform and Oasis projects — Irregularities identified during audits of other projects — Decision of the Commission to suspend reimbursement of the amounts advanced by the recipient — Eligible costs — Distortions of the documents on the file
Language of the case: Greek
Case C-174/14 Saudaçor v Fazenda Pública
Reference for a preliminary ruling — Value added tax — Directive 2006/112/EC — Article 13(1) — Treatment as a non-taxable person — Concept of ‘body governed by public law’ — Limited company which is responsible for the provision of services in respect of the planning and management of the health service of the Autonomous Region of the Azores — Determination of the detailed arrangements for those services, including their remuneration, in programme agreements concluded between that company and that region
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-319/14 B & S Global Transit Center v Staatssecretaris van Financiën
Reference for a preliminary ruling — Community Customs Code — Regulation (EEC) No 2913/92 — Articles 203 and 204 — External Community transit procedure — Regulation (EEC) No 2454/93 — Articles 365, 366 and 859 — Incurrence of a customs debt — Whether or not goods are unlawfully removed from customs supervision — Non-fulfilment of an obligation — Failure to end the transit procedure — Removal of the goods from the customs territory of the European Union
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-490/14 Freistaat Bayern v Verlag Esterbauer
Reference for a preliminary ruling — Legal protection of databases — Directive 96/9/EC — Article 1(2) — Scope — Databases — Topographic maps — Independence of materials constituting a database — Possibility of separating those materials without affecting the value of their informative content — Account taken of the purpose of a topographic map for the user
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-583/14 Nagy v Vas Megyei Rendőr-főkapitányság
Reference for a preliminary ruling — Principle of non-discrimination — Article 18 TFEU — Citizenship of the Union — Article 20 TFEU — Freedom of movement for persons — Article 63 TFEU — Free movement of capital — Road use — Drivers resident in the Member State concerned — Requirement to provide on the spot proof of lawful use of vehicles registered in another Member State at a police check
Request for a preliminary ruling from the Szombathelyi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Information (on unpublished decisions)
Case C-592/13 Ministero dell'Ambiente e della Tutela del Territorio e del Mare and Others v Ediltecnica
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Article 191(2) TFEU — Directive 2004/35/EC — Environmental liability — National legislation under which no provision is made for the administrative authorities to require owners of polluted land who have not contributed to that pollution to carry out preventive and remedial measures, and the sole obligation imposed concerns the reimbursement of the measures undertaken by those authorities — Whether compatible with the ‘polluter pays’ principle, the precautionary principle and the principles that preventive action should be taken and that environmental damage should be rectified at source as a matter of priority)
Case C-156/14 Tamoil Italia v Ministero dell'Ambiente e della Tutela del Territorio e del Mare
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Article 191(2) TFEU — Directive 2004/35/EC — Environmental liability — National legislation under which no provision is made for the administrative authorities to require owners of polluted land who have not contributed to that pollution to carry out preventive and remedial measures, and the sole obligation imposed concerns the reimbursement of the measures undertaken by those authorities — Whether compatible with the ‘polluter pays’ principle, the precautionary principle and the principles that preventive action should be taken and that environmental damage should be rectified at source as a matter of priority)
Case C-519/14 P Schutzgemeinschaft Milch und Milcherzeugnisse v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Agriculture — Regulation (EC) No 510/2006 — Register of protected designations of origin and protected geographical indications — Registration of the designation ‘Gouda Holland’ — Producers using the name ‘Gouda’ — Absence of a legal interest in bringing proceedings
Case C-181/15 P Marpefa v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court — Lodging a procedural document — Original bearing a handwritten signature — Period allowed for commencing proceedings — Delay — Appeal manifestly unfounded
Case C-385/15 P(I) Metalleftiki kai Etairia Larymnis Larko v Larko and Commission
Appeal — Intervention — Creditor of a main party — No interest in the result of the case)
Case C-167/14 Commission v Greece
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Financial penalties — Lump sum payment and penalty payment
Case C-270/14 P Debonair Trading Internacional v OHIM
Appeal — Community trade mark — Regulation No 40/94 — Article 8(1)(b) — Application for Community word mark SÔ:UNIC — Earlier national and Community word marks SO…?, SO…? ONE, SO…? CHIC — Relative grounds for refusal — Likelihood of confusion — Family of marks
Case C-581/14 Naderhirn v Jungwirth u. Fabian and Others
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Principle of sincere cooperation — Article 267 TFEU — Obligation to comply with the instructions of a higher court)
Case C-33/15 P Cantina Broglie 1 v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Word mark ZENATO RIPASSA — Opposition from the proprietor of the national word mark RIPASSO — Likelihood of confusion — Regulation (EC) No 40/94 — Article 8(1)(b)
Case C-34/15 P Cantina Broglie 1 v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court — Community trade mark — Figurative mark containing the word elements ‘ripassa zenato’ — Opposition from the proprietor of the national word mark RIPASSO — Likelihood of confusion — Regulation (EC) No 40/94 — Article 8(1)(b)
Case C-93/15 P Banco Privado Português and Massa Insolvente do Banco Privado Português v Commission
Appeal — Aid granted by the Republic of Portugal in favour of a financial institution in the form of a State guarantee underwriting a loan — Decision declaring the State aid to be incompatible with the internal market — Article 107(1) TFEU — Article 107(3)(b) TFEU — Appeal manifestly inadmissible and manifestly unfounded)
Case C-120/15 Kovozber v Daňový úrad Košice
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Value added tax (VAT) — Directive 2006/112/EC — Article 183 — Refund of excess VAT — National legislation prescribing that default interest relating to the refund of excess VAT is to be calculated only as from ten days after completion of a tax inspection
Case C-530/14 P Commission v Greece
Appeal — State aid — Greek casinos — System providing for a levy of 80 % of the admissions of different amounts — Decision declaring the aid to be incompatible with the internal market — Notion of ‘State aid’ — Advantage — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Case C-152/15 Cruz & Companhia v IFAP and Caixa Central
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Agriculture — Common organisation of the markets — Regulation (EEC) No 3665/87 — Articles 4(1) and 13 — Regulation (EEC) No 2220/85 — Article 19(1)(a) — Conditions for the release of the guarantee provided to ensure the repayment of the advance — Conditions for the grant of the refund — Sound and fair marketable quality of the products exported — Taking into account, for the grant of the refund, the facts established by the competent authority following an inspection which took place after the actual export and customs clearance of the products — Interpretation of the judgment in Cruz & Companhia (C‑128/13, EU:C:2014:2432)
Case C-17/15 P Popp and Zech v OHIM
Appeal — Community trade mark — Word mark MB — Application for registration — Earlier Community figurative mark MB́&P — Relative grounds for refusal — Likelihood of confusion
Case C-589/14 Commission v Belgium
Failure of a Member State to fulfil obligations — Freedom to provide services — Free movement of capital — Interest payable on unsecured debts — Withholding tax — Investment companies in receipt of such interest established in Belgium — Investment companies in receipt of such interest established in another Member State or in a third State party to the EEA Agreement — Difference in treatment — Burden of proof — Interest payable on debts backed by Belgian securities — Imposition of such interest where the securities are deposited or registered in an account in a financial institution established in another Member State of the European Union or a third State party to the EEA Agreement — Exemption where the securities are deposited or registered in an account in a financial institution established in Belgium
Case C-425/15 Voigt v President of the Parliament and Parliament
Action for annulment — Article 53(2) of the Rules of Procedure of the Court of Justice — Article 54, second paragraph, of the Statute of the Court of Justice — Refusal to make available to the applicant, a member of the European Parliament, Parliament premises for the purposes of hosting a delegation comprising two Russian citizens, inter alia, for a press conference — Prohibition on the Russian citizens on the list of participants of the meeting from entering European Parliament premises — Manifest lack of jurisdiction — Referral back to the General Court of the European Union
November 2015
Case C-219/14 Greenfield v The Care Bureau
Reference for a preliminary ruling — Social policy — Framework Agreement on part-time work — Organisation of working time — Directive 2003/88/EC — Right to paid annual leave — Calculation of entitlement to leave in the event of an increase in working time — Interpretation of the pro rata temporis principle
Request for a preliminary ruling from the Employment Tribunal Birmingham
Language of the case: English
Case C-223/14 Tecom Mican and Arias Domínguez
Reference for a preliminary ruling — Judicial cooperation in civil matters — Service of judicial and extrajudicial documents — Concept of an ‘extrajudicial document’ — Private documents — Cross-border implications — Functioning of the internal market
Request for a preliminary ruling from the Juzgado de Primera Instancia de Las Palmas de Gran Canaria
Language of the case: Spanish
Case C-422/14 Pujante Rivera v Gestora Clubs Dir and Fondo de Garantía Salarial
Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — Article 1(1)(a), first subparagraph — Concept of workers ‘normally employed’ at the establishment concerned — Article 1(1), second subparagraph — Concepts of ‘redundancy’ and ‘terminations of employment contracts that may be assimilated to redundancies’ — Method of calculating the number of workers made redundant
Request for a preliminary ruling from the Juzgado de lo Social n° 33 de Barcelona
Language of the case: Spanish
Case C-505/14 Klausner Holz Niedersachsen v Land Nordrhein-Westfalen
Reference for a preliminary ruling — Articles 107 TFEU and 108 TFEU — State aid — Aid granted in breach of Article 108(3) TFEU — Decision of a Member State court establishing the validity of the contract granting that aid — Res judicata — Interpretation in conformity with EU law — Principle of effectiveness
Request for a preliminary ruling from the Landgericht Münster
Language of the case: German
Case C-439/13 P Elitaliana v Eulex Kosovo
Appeal — Public service contracts — Joint Action 2008/124/CFSP — Call for tenders for helicopter support for the Eulex Mission in Kosovo — Action brought against the decision awarding the contract — Article 24(1), second subparagraph, TEU — Article 275, first paragraph, TFEU — Common foreign and security policy (CFSP) — Jurisdiction of the Court — Article 263, first paragraph, TFEU — Meaning of ‘bodies, offices or agencies of the Union’ — Measures attributable to the European Commission — Excusable error
Language of the case: Italian
Case C-572/13 Hewlett-Packard Belgium v Reprobel
Reference for a preliminary ruling — Approximation of laws — Intellectual property — Copyright and related rights — Directive 2001/29/EC — Exclusive reproduction right — Exceptions and limitations — Article 5(2)(a) and (b) — Reprography exception — Private copying exception — Requirement for consistent application of exceptions — Concept of ‘fair compensation’ — Recovery of remuneration as fair compensation for multifunction printers — Proportional remunerative payment — Lump-sum remunerative payment — Accumulation of lump-sum and proportional remunerative payments — Method of calculation — Recipients of fair compensation — Authors and publishers — Sheet music
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
Case C-103/14 Jakutis and Kretingalės kooperatinė ŽŪB v Nacionalinė mokėjimo agentūra prie Žemės ūkio ministerijos and Lietuvos valstybė
Reference for a preliminary ruling — Agriculture — Regulation (EC) No 73/2009 — Articles 7(1), 10(1), 121 and 132(2) — Acts implementing that regulation — Validity, in the light the TFEU Treaty, the 2003 Act of Accession and the principles of non-discrimination, legal certainty, the protection of legitimate expectations and sound administration — Modulation of direct payments granted to farmers — Reduction of the amounts — Level of direct payments applicable in the Member States of the European Community as constituted on 30 April 2004 and in the Member States that joined it on 1 May 2004 — No publication and no statement of reasons
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
Case C-121/14 United Kingdom v Parliament and Council
Action for annulment — Regulation (EU) No 1316/2013 establishing the Connecting Europe Facility — Projects of common interest which relate to the territory of a Member State — Approval of that State — Extension of a rail freight corridor — Legal basis — Article 171 TFEU and second paragraph of Article 172 TFEU
Language of the case: English
Case C-198/14 Visnapuu v Kihlakunnansyyttäjä and Suomen valtio
Reference for a preliminary ruling — Articles 34 TFEU and 110 TFEU — Directive 94/62/EC — Articles 1(1), 7 and 15 — Distance selling and transport of alcoholic beverages from another Member State — Excise duty on certain beverage packaging — Exemption where packaging is integrated into a deposit and return system — Articles 34 TFEU, 36 TFEU and 37 TFEU — Requirement of a licence for the retail sale of alcoholic beverages — Monopoly on the retail sale of alcoholic beverages — Justification — Protection of health
Request for a preliminary ruling from the Helsingin hovioikeus
Language of the case: Finnish
Case C-115/14 RegioPost v Stadt Landau in der Pfalz
Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Restrictions — Directive 96/71/EC — Article 3(1) — Directive 2004/18/EC — Article 26 — Public procurement — Postal services — Legislation of a regional entity of a Member State requiring tenderers and their subcontractors to undertake to pay a minimum wage to staff performing the services covered by the public contract
Request for a preliminary ruling from the Oberlandesgericht Koblenz
Language of the case: German
Case C-137/15 Plaza Bravo v Servicio Público de Empleo Estatal Dirección Provincial de Álava
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Directive 79/7/EEC — Article 4(1) — Equal treatment of male and female workers — Part-time workers, primarily female — National legislation providing for a maximum amount of unemployment benefit — Legislation referring, for the purposes of the calculation of that amount, to the relationship between the working hours of the part-time employees concerned and the working hours of full-time employees
Request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco
Language of the case: Spanish
Case C-632/13 Skatteverket v Hirvonen
Reference for a preliminary ruling — Freedom of movement for persons — Equal treatment — Income tax — Revenue of non-resident taxpayers subject to taxation at source — Exclusion of any tax deduction related to the taxpayer’s personal circumstances — Justification — Possibility for non-resident taxpayers to opt for the regime applicable to resident taxpayers and to benefit from the relevant tax deductions
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
Case C-241/14 Bukovansky v Finanzamt Lörrach
Reference for a preliminary ruling — Taxation — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Relationship between that agreement and bilateral agreements on double taxation — Equal treatment — Discrimination on grounds of nationality — National of a Member State of the European Union — Frontier workers — Income tax — Allocation of fiscal sovereignty — Connecting factor for tax purposes — Nationality
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
Case C-325/14 SBS Belgium v SABAM
Reference for a preliminary ruling — Directive 2001/29/EC — Article 3(1) — Communication to the public — Definition of ‘communication’ and ‘public’ — Distribution of television programmes — Process known as ‘direct injection’
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
Case C-74/15 Tarcău v Banca Comercială Intesa Sanpaolo România and Others
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Consumer protection — Directive 93/13/EEC — Article 1(1) and Article 2(b) — Unfair terms in consumer contracts — Contracts of guarantee or providing security concluded with a credit institution by natural persons acting for purposes outside their trade, business or profession and not having any link of a functional nature with the commercial company in respect of which they act as guarantors or sureties
Request for a preliminary ruling from the Curtea de Apel Oradea
Language of the case: Romanian
Case C-455/15 PPU P v Q
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 23(a) — Grounds of non-recognition of judgments in matters of parental responsibility — Public policy
Request for a preliminary ruling from the Varbergs tingsrätt
Language of the case: Swedish
Case C-166/14 MedEval
Reference for a preliminary ruling — Public procurement — Directive 89/665/EEC — Principles of effectiveness and equivalence — Review procedures concerning the award of public contracts — Period allowed for commencing proceedings — National legislation making an action for damages subject to a precondition that the procedure be declared unlawful — Limitation period which starts to run irrespective of the applicant’s knowledge of the unlawfulness
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-326/14 Verein für Konsumenteninformation v A1 Telekom Austria
Reference for a preliminary ruling — Directive 2002/22/EC — Electronic communications networks and services — Users’ rights — Right of subscribers to terminate their contract without penalty — Changes to charges under terms of the contract — Increase in charges in line with increase in the consumer price index
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-345/14 Maxima Latvija v Konkurences padome
Reference for a preliminary ruling — Competition — Article 101(1) TFEU — Application of analogous national legislation — Jurisdiction of the Court — Concept of ‘agreement having as its object the restriction of competition’ — Commercial lease agreements — Shopping centres — Right of the anchor tenant to prevent the lessor letting commercial premises to third parties
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
Case C-487/14 Total Waste Recycling v Országos Környezetvédelmi és Természetvédelmi Főfelügyelőség
Reference for a preliminary ruling — Environment — Waste — Shipments — Regulation (EC) No 1013/2006 — Shipments within the European Union — Point of entry different from that specified in the notification and in the prior consent — Essential change to the details of a shipment of waste — Shipments — Proportionality of the administrative fine
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-509/14 ADIF v Aira Pascual and Others
Reference for a preliminary ruling — Directive 2001/23/EC — Article 1(1) — Transfers of undertakings — Safeguarding of employees’ rights — Obligation on the transferee to take on workers — Public undertaking responsible for a public service — Provision of the service by another undertaking pursuant to a public service operating agreement — Decision not to extend that agreement following its expiry — Retention of identity of the economic entity — Activity based essentially on equipment — Employees not taken on
Request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco
Language of the case: Spanish
Case C-44/15 HZA Frankfurt am Main v Duval
Reference for a preliminary ruling — Customs union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Position 9025 — Concept of ‘thermometer’ — Indicators of exposure to a predetermined target temperature to be used on one occasion only
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Information (on unpublished decisions)
Case C-190/15 P Fetim v OHIM
Appeal — Community trade mark — Figurative mark including the word elements ‘Solidfloor The professional’s choice’ — Opposition by the proprietor of the national figurative mark, trade name and domain name including the word elements ‘SOLID floor’ — Refusal to register by the Board of Appeal — Likelihood of confusion — Regulation (EC) No 207/2009 — Article 8(1)(b) — Weak distinctive character of earlier trade mark
Case C-206/15 P Sun Mark and Bulldog Energy Drink v Red Bull
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Appeal brought by the ‘other party to the proceedings before the Board of Appeal’ who failed to lodge a response before the General Court — No status as intervener before the General Court — Appeal manifestly inadmissible
December 2015
Joined Cases C-124/13 and C-125/13 Parliament and Commission v Council
Actions for annulment — Regulation (EU) No 1243/2012 — Choice of legal basis — Article 43(2) and (3) TFEU — Policy decision — Long-term plan for cod stocks
Language of the case: English
Case C-280/14 P Italy v Commission
Appeal — Regional policy — Regional operational programme (ROP) Puglia (Italy) covered by objective No 1 (2000-2006) — Reduction of the Community financial assistance initially granted by the European Regional Development Fund
Language of the case: Italian
Case C-301/14 Pfotenhilfe-Ungarn v Ministerium für Energiewende, Landwirtschaft, Umwelt und ländliche Räume des Landes Schleswig-Holstein
Reference for a preliminary ruling — Regulation (EC) No 1/2005 — Article 1(5) — Protection of animals during transport — Transport of stray dogs from one Member State to another by an animal protection association — Concept of ‘economic activity’ — Directive 90/425/EEC — Article 12 — Concept of ‘dealers engaging in intra-Community trade’
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-312/14 Banif Plus Bank v Lantos
References for a preliminary ruling — Directive 2004/39/EC — Articles 4(1) and 19(4), (5) and (9) — Markets in financial instruments — Concept of ‘investment services and activities’ — Provisions to ensure investor protection — Conduct of business obligations when providing investment services to clients ‐ Obligation to assess the suitability or appropriateness of the service to be provided — Contractual consequences of non-compliance with that obligation — Consumer credit contracts — Foreign currency denominated loan — Advancement and reimbursement of loan in domestic currency — Terms relating to the exchange rate
Request for a preliminary ruling from the Ráckevei Járásbíróság
Language of the case: Hungarian
Case C-338/14 Quenon K. v Beobank and Metlife Insurance
Reference for a preliminary ruling — Self-employed commercial agents — Directive 86/653/EEC — Article 17(2) — Termination of the agency contract by the principal — Compensation of the agent– Prohibition of the simultaneous operation of the indemnity for customers scheme and compensation for damage scheme — Entitlement of the agent to damages additional to the indemnity for customers — Conditions
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
Case C-595/13 Staatssecretaris van Financiën v Fiscale Eenheid X
Reference for a preliminary ruling — Sixth VAT Directive — Exemptions — Article 13B(d)(6) — Special investment funds — Meaning — Investments in immovable property — Management of special investment funds — Meaning — Actual management of a property
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-350/14 Lazar v Allianz
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 864/2007 — Article 4(1) — Concepts of ‘country in which the damage occurs’, ‘damage’ and ‘indirect consequences of the tort or delict’ — Damage sustained personally by a family member of a person who died as a result of a road traffic accident — Applicable law
Request for a preliminary ruling from the Tribunale di Trieste
Language of the case: Italian
Case C-427/14 Valsts ieņēmumu dienests v Veloserviss
Reference for a preliminary ruling — Community Customs Code — Post-clearance examination of declarations — Principle of the protection of legitimate expectations — National rules placing restrictions on re-examination of the results of a post-clearance examination — Powers — Decision on the first post-clearance examination — Incorrect or incomplete information not known on the date of the decision
Request for a preliminary ruling from the Augstākā Tiesa
Language of the case: Latvian
Case C-594/14 Kornhaas v Dithmar
Reference for a preliminary ruling — Area of freedom, security and justice — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 4(1) — Determination of the applicable law — Legislation of a Member State laying down the obligation for a managing director of a company to reimburse that company for the payments made after it had become insolvent — Application of that legislation to a company established in another Member State — Articles 49 TFEU and 54 TFEU — Restriction on the freedom of establishment — None
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-603/14 P El Corte Inglés v OHIM
Appeal — Community trade mark — Application for the word mark The English Cut — Opposition by the proprietor of the national and Community word and figurative marks including the word elements ‘El Corte Inglés’ — Regulation (EC) No 207/2009 — Article 8(1)(b) — Likelihood of confusion — Article 8(5) — Risk that the relevant public will make a connection with a trade mark which has a reputation — Degree of similarity required
Language of the case: Spanish
Case C-183/15 TSI v Hauptzollamt Aachen
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Sub-heading 9027 10 10 — Ultraviolet aerodynamic particle sizer spectrometers — Handheld particle counters
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Joined Cases C-132/14 to C-136/14 Parliament and Commission v Council
Actions for annulment — Regulation (EU) No 1385/2013 — Directive 2013/62/EU — Directive 2013/64/EU — Legal basis — Article 349 TFEU — Outermost regions of the European Union — Amendment of the status of Mayotte with regard to the European Union
Language of the case: French
Case C-454/13 Proximus v Commune d'Etterbeek
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/20/EC — Articles 12 and 13 — Administrative charges — Fee for rights to install facilities — Scope — Municipal legislation — Charge on mobile telephony antennae
Request for a preliminary ruling from the Tribunal de première instance de Bruxelles
Language of the case: French
Case C-517/13 Proximus v Province de Namur
Reference for a preliminary ruling — Electronic communications networks and services — Directive 97/13/EC — Articles 4 and 11 — Directive 2002/20/EC — Article 6 — Conditions which may be attached to the general authorisation and to the rights of use for radio frequencies and numbers, and specific obligations — Article 13 — Fee for the rights to install facilities — Scope — Provincial legislation — Charge on mobile telephony network transmission and reception pylons and/or units
Request for a preliminary ruling from the Tribunal de première instance de Namur
Language of the case: French
Joined Cases C-25/14 and C-26/14 UNIS v Ministre du Travail, de l’Emploi et de la Formation professionnelle et du Dialogue social et SNRT and Others and Beaudout Père et Fils v Ministre du Travail, de l’Emploi et de la Formation professionnelle et du Dialogue social and Others
Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Principles of equality and of non-discrimination — Obligation of transparency — Scope of that obligation — National collective agreements — Social protection scheme supplemental to the general scheme — Appointment by the social partners of an insurer responsible for managing that scheme — Extension of that scheme by ministerial order to all employees and employers of the sector concerned — Limitation of the temporal effects of a preliminary ruling of the Court of Justice
Requests for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-157/14 Neptune Distribution v Ministre de l'Économie et des Finances
Reference for a preliminary ruling — Regulation (EC) No 1924/2006 — Directive 2009/54/EC — Articles 11(1) and 16 of the Charter of Fundamental Rights of the European Union — Consumer protection — Nutrition and health claims — Natural mineral waters — Sodium/salt content — Calculation — Sodium chloride (table salt) or total amount of sodium — Freedom of expression and information — Freedom to conduct a business
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-239/14 Tall v CPAS de Huy
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2005/85/EC — Minimum standards on procedures in Member States for granting and withdrawing refugee status — Article 39 — Right to an effective remedy — Multiple asylum claims — Non-suspensory effect of an appeal against a decision of the competent national authority not to further examine a subsequent application for asylum — Social protection — Charter of Fundamental Rights of the European Union — Article 19(2) — Article 47
Request for a preliminary ruling from the Tribunal du travail de Liège
Language of the case: French
Case C-300/14 Imtech Marine Belgium v Radio Hellenic
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 805/2004 — European Enforcement Order for uncontested claims — Conditions for certification — Rights of the debtor — Review of the judgment
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
Case C-330/14 Szemerey v Miniszterelnökséget vezető miniszter
Reference for a preliminary ruling — Common agricultural policy — Rural development support measures — Agri-environmental payments — Regulation (EC) No 1122/2009 — Articles 23 and 58 — Regulation (EC) No 1698/2005 — Regulation (EC) No 1975/2006 — Aid in respect of the cultivation of a rare plant species — Application for payment — Contents — Certificate requirement — Penalties for non-presentation
Request for a preliminary ruling from the Gyulai Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-342/14 X-Steuerberatungsgesellschaft v Finanzamt Hannover-Nord
Reference for a preliminary ruling — Recognition of professional qualifications — Directive 2005/36/EC — Article 5 — Freedom to provide services — Directive 2006/123/EC — Articles 16 and 17(6) — Article 56 TFEU — Tax consultancy company established in a Member State and providing services in another Member State — Legislation of a Member State requiring the registration and recognition of tax consultancy companies
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-371/14 APEX v Hauptzollamt Hamburg-Stadt
Reference for a preliminary ruling — Commercial policy — Dumping — Gas-fuelled, non-refillable pocket flint lighters — Regulation (EC) No 1225/2009 — Article 11(2) — Expiry — Article 13 — Circumvention — Implementing Regulation (EU) No 260/2013 — Validity — Extension of an anti-dumping duty at a date on which the regulation which imposed it is no longer in force — Change in the pattern of trade
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C-388/14 Timac Agro Deutschland v Finanzamt Sankt Augustin
Reference for a preliminary ruling — Tax legislation — Corporation tax — Freedom of establishment — Non-resident permanent establishment — Avoidance of double taxation by exemption of the income of the non-resident permanent establishment — Taking account of losses incurred by that permanent establishment — Reincorporation of the losses deducted previously in the event that the non-resident establishment is transferred — Definitive losses
Request for a preliminary ruling from the Finanzgericht Köln
Language of the case: German
Case C-402/14 Viamar v Elliniko Dimosio
References for a preliminary ruling — Free movement of goods — Tax provisions — Internal taxation — Customs duties of a fiscal nature — Charges having equivalent effect — Formalities connected with the crossing of frontiers — Article 30 TFEU — Article 110 TFEU — Directive 92/12/EEC — Article 3(3) — Directive 2008/118/EC — Article 1(3) — Not implemented in domestic law — Direct effect — Levying of a tax on motor vehicles at the time of their import into the territory of a Member State — Tax linked to registration and potential putting into circulation of the vehicle — Refusal to refund the tax where the vehicle is not registered
Request for a preliminary ruling from the Dioikitiko Efeteio Athinon
Language of the case: Greek
Case C-407/14 Arjona Camacho v Securitas Seguridad España
Reference for a preliminary ruling — Social policy — Directive 2006/54/EC — Equal treatment of men and women in matters of employment and occupation — Discriminatory dismissal — Article 18 — Compensation or reparation for the loss and damage actually sustained — Deterrent effect — Article 25 — Penalties — Punitive damages
Request for a preliminary ruling from the Juzgado de lo Social
Language of the case: Spanish
Case C-419/14 WebMindLicenses v Nemzeti Adó- és Vámhivatal Kiemelt Adó- és Vám Főigazgatóság
Reference for a preliminary ruling — Value added tax — Directive 2006/112/EC — Articles 2, 24, 43, 250 and 273 — Place of supply of electronically supplied services — Artificial fixing of that place by means of an arrangement not reflecting economic reality — Abuse of rights — Regulation (EU) No 904/2010 — Charter of Fundamental Rights of the European Union — Articles 7, 8, 41, 47, 48, 51(1) and 52(1) and (3) — Rights of the defence — Right to be heard — Use by the tax authorities of evidence obtained without the taxable person’s knowledge in the context of a parallel criminal procedure that has not been concluded — Interception of telecommunications and seizure of emails
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-580/14 Bitter v Bundesrepublik Deutschland
Reference for a preliminary ruling — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Excess emissions penalty — Proportionality
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C-605/14 Komu and Others v Komu and Komu
Reference for a preliminary ruling — Regulation (EC) No 44/2001 — Scope — Exclusive jurisdiction — Article 22(1) — Proceedings concerning rights in rem in immovable property — Concept — Action to terminate, by way of sale, the co-ownership in undivided shares of immovable property
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Case C-250/14 Air France-KLM and Hop!-Brit Air v Ministère des Finances et des Comptes Publics
Value added tax — Chargeable event and chargeability — Air transport — Ticket purchased but not used — Provision of the transport service — Issue of the ticket — Time of payment of the tax
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-293/14 Hiebler v Schlagbauer
Reference for a preliminary ruling — Directive 2006/123/EC — Scope ratione materiae — Activities which are connected with the exercise of official authority — The trade of chimney sweep — Fire safety regulation tasks — Territorial restriction of the licence to trade — Service of general economic interest — Necessity — Proportionality
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-297/14 Hobohm v Kampik and Mar Mediterraneo
Reference for a preliminary ruling — Judicial cooperation in civil and commercial matters — Regulation (EC) No 44/2001 — Jurisdiction in respect of consumer contracts — Articles 15(1)(c) and 16(1) — Meaning of a commercial or professional activity ‘directed to’ the Member State of the consumer’s domicile — Transaction-management contract designed to achieve the economic objective pursued by means of a brokerage contract concluded beforehand in the course of a commercial or professional activity ‘directed to’ the Member State of the consumer’s domicile — Close link
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-333/14 Scotch Whisky Association and Others v The Lord Advocate and The Advocate General for Scotland
Reference for a preliminary ruling — Common organisation of the markets in agricultural products — Regulation (EU) No 1308/2013 — Free movement of goods — Article 34 TFEU ‐ Quantitative restrictions — Measures having equivalent effect — Minimum price of alcoholic drinks calculated according to the alcoholic strength of the product — Justification — Article 36 TFEU ‐ Protection of human life and health — Assessment by the national court
Request for a preliminary ruling from the Court of Session (Scotland)
Language of the case: English
Case C-595/14 Parliament v Council
Actions for annulment — Replacement of the contested decision in the course of the proceedings — Purpose of the action — Police and judicial cooperation in criminal matters — New psychoactive substance subjected to control measures — Legal framework applicable after the entry into force of the Treaty of Lisbon — Transitional provisions — Consultation of the European Parliament
Language of the case: French
Information (on unpublished decisions)
Case C-545/14 P Georgias and Others v Council and Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for damages — Restrictive measures against certain persons and entities in view of the situation in Zimbabwe — Removal of the person in question from the list of persons and entities concerned — Compensation for the damage allegedly suffered
Case C-29/15 P Verband der Kölnisch-Wasser Hersteller, Köln v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Regulation (EC) No 207/2009 — Article 7(1)(c) — Article 66(2) — Word mark Original Eau de Cologne — Refusal of registration
Case C-82/15 P PP Nature-Balance Lizenz v Commission
Appeal — Medicinal products for human use — Directive 2001/83/EC — Articles 31 and 116 — Commission decision ordering the Member States to withdraw or amend national marketing authorisations for medicinal products for human use containing the active substance ‘tolpérisone’
Case C-552/14 P Canon Europa v Commission
Appeal — Customs Union and Common Customs Tariff — Regulation (EU) No 861/2010 — Actions for annulment — Fourth paragraph of Article 263 TFEU — Regulatory act not entailing implementing measures — Release of goods and communication of the amount of the duties — Use of simplified procedures or data-processing techniques
Case C-553/14 P Kyocera Mita Europe v Commission
Appeal — Customs Union and Common Customs Tariff — Regulation (EU) No 861/2010 — Actions for annulment — Fourth paragraph of Article 263 TFEU — Regulatory act not entailing implementing measures — Release of goods and communication of the amount of the duties — Use of simplified procedures or data-processing techniques
Case C-153/15 P NICO v Council
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Restrictive measures taken against Iran — List of persons and entities subject to the freezing of funds and economic resources — Inclusion of the appellant’s name — Admissibility — Period allowed for commencing proceedings — Point from which time starts to run — Manifest inadmissibility
Case C-422/15 P Brás Messias v Portugal
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Essential procedural requirements — Representation by a lawyer — Manifest inadmissibility
Case C-529/14 YARA Brunsbüttel v Hauptzollamt Itzehoe
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Directive 2003/96/EC — Taxation of energy products and electricity — Article 2(4)(b) — Concept of dual use of energy products — Energy product used for the heat treatment of waste and exhaust gases
Joined Cases C-53/15 P to C-56/15 P Moreda-Riviere Trefilerías and Others v Commission
Appeal — Agreements, decisions and concerted practices — European prestressing steel market — Commission decision adjusting the amount of the fines imposed on certain undertakings and fixing a new period for the payment of those fines — Other undertakings whose fines remained unchanged having no interest in bringing proceedings — Article 181 of the Rules of Procedure of the Court of Justice — Appeal manifestly unfounded)
Case C-352/15 P Guja v Poland
Appeal — Action for damages brought against a Member State — Manifest lack of jurisdiction of the General Court of the European Union
Case C-180/14 Commission v Greece
Failure of a Member State to fulfil obligations — Directive 2003/88/EC — Organisation of working time — Daily rest — Weekly rest — Maximum weekly working time
Case C-58/15 Firma Theodor Pfister v Landkreis Main-Spessart
Reference for a preliminary ruling — Agriculture — Health inspections — Official feed and food controls — Financing of controls — Inspection costs relating to slaughter — Regulation (EC) No 882/2004 — Directive 85/73/EEC — Possibility of levying fees covering the actual cost of inspection, exceeding the fees set by that directive
January 2016
Case C-141/14 Commission v Bulgaria
Failure of a Member State to fulfil obligations — Directive 2009/147/EC — Conservation of wild birds — Kaliakra and Belite Skali special protection areas — Directive 92/43/EEC — Conservation of natural habitats and wild species — Kompleks Kaliakra site of Community importance — Directive 2011/92/EU — Assessment of the effects of certain projects on the environment — Temporal applicability of the system of protection — Deterioration of natural habitats of species and disturbance of species — Wind power — Tourism
Language of the case: Bulgarian
Case C-163/14 Commission v Belgium
Failure of a Member State to fulfil obligations — Article 343 TFEU — Protocol on the privileges and immunities of the European Union — Article 3 — Tax exemptions — Brussels-Capital Region — Contributions in respect of the supply of electricity and gas
Language of the case: French
Case C-234/14 Ostas celtnieks v Talsu novada pašvaldība and Iepirkumu uzraudzības birojs
Reference for a preliminary ruling — Public procurement contracts — Directive 2004/18/EC — Economic and financial standing — Technical and/or professional ability — Articles 47(2) and 48(3) — Tender specifications laying down the obligation for a tenderer to conclude a cooperation agreement or to set up a partnership with the entities on whose capacities it relies
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
Case C-395/14 Vodafone v Bundesrepublik Deutschland
Reference for a preliminary ruling — Common regulatory framework for electronic communications networks and services — Directive 2002/21/EC — Article 7(3) — Procedure for consolidating the internal market for electronic communications — Directive 2002/19/EC — Articles 8 and 13 — Operator designated as having significant market power on a market — Obligations imposed by national regulatory authorities — Price control and cost accounting obligations — Authorisation of mobile call termination fees
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-399/14 Grüne Liga Sachsen and Others v Freistaat Sachsen
Reference for a preliminary ruling — Directive 92/43/EEC — Article 6(2) to (4) — Site included in the list of sites of Community importance after a project was authorised but before it began to be carried out — Review of the project after the site was included in that list — Rules governing that review — Consequences of the completion of the project for the choice of alternatives
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-517/15 P-R AGC Glass Europe and Others v Commission
Application for interim measures — Appeal — Suspension of operation of a judgment of the General Court of the European Union — Request for confidential treatment of certain information contained in a decision of the European Commission finding an unlawful cartel on the European market for glass for use in motor vehicles — Rejection decision by the Commission and judgment of the General Court dismissing the action for annulment of that decision — Urgency — Serious and irreparable damage — None
Language of the case: English
Case C-373/14 P Toshiba Corporation v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 101(1) TFEU — Power transformers market — Oral market-sharing agreement (‘Gentlemen’s Agreement’) — Restriction of competition ‘by object’ — Barriers to entry — Presumption of participation in an unlawful cartel — Fines — Guidelines on the method of setting fines (2006) — Point 18
Language of the case: English
Case C-428/14 DHL Express (Italy) and DHL Global Forwarding (Italy) v Autorità Garante della Concorrenza e del mercato
Reference for a preliminary ruling — Competition policy — Article 101 TFEU — Regulation (EC) No 1/2003 — International freight forwarding sector — National competition authorities — Legal status of instruments of the European Competition Network — Model Leniency Programme of that network — Application for immunity submitted to the Commission — Summary application for immunity submitted to national competition authorities — Relationship between those two applications
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-603/13 P Galp Energía España and Others v Commission
Appeal — Article 81 EC — Agreements, decisions and concerted practices — Spanish market for penetration bitumen — Market sharing and price coordination — Excessive length of the proceedings before the General Court — Article 261 TFEU — Regulation (EC) No 1/2003 — Article 31 — Unlimited jurisdiction — Article 264 TFEU — Annulment, in whole or in part, of the Commission’s decision
Language of the case: English
Case C-74/14 Eturas and Others v Lietuvos Respublikos konkurencijos taryba
Reference for a preliminary ruling — Competition — Agreements, decisions and concerted practices — Concerted practice — Travel agencies using a common computerised booking system — Automatic restriction of the discount rates available for online bookings — System administrator’s message in relation to that restriction — Tacit agreement capable of being characterised as a concerted practice — Constituent elements of an agreement and of a concerted practice — Assessment of evidence and standard of proof — Procedural autonomy of the Member States — Principle of effectiveness — Presumption of innocence
Reference for a preliminary ruling from Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-335/14 Les Jardins de Jouvence v État belge
Reference for a preliminary ruling — Taxation — Value Added Tax — Sixth VAT Directive — Exemptions — Article 13A(1)(g) — Exemption for the supply of services closely linked to welfare and social security work, provided by bodies governed by public law or by other organisations recognised as charitable — ‘Supply of services and of goods closely linked to welfare and social security work’ — Organisations recognised as charitable — Serviced residence
Request for a preliminary ruling from the Cour d'appel de Mons
Language of the case: French
Joined Cases C-359/14 and C-475/14 ERGO Insurance v If P&C Insurance and Gjensidige Baltic v PZU Lietuva
References for a preliminary ruling — Judicial cooperation in civil matters — Choice of applicable law — Regulation (EC) No 864/2007 and Regulation (EC) No 593/2008 — Directive 2009/103/EC — Accident caused by a tractor unit coupled with a trailer, each of the vehicles being insured by different insurers — Accident which occurred in a Member State other than that in which the insurance contracts were concluded — Action for indemnity between the insurers — Applicable law — Definitions of ‘contractual obligations’ and ‘non-contractual obligations’
Requests for a preliminary ruling from the Vilniaus miesto apylinkės teismas and the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-430/14 Valsts ieņēmumu dienests v Stretinskis
Reference for a preliminary ruling — Customs union — Community Customs Code — Article 29(1)(d) — Determination of the customs value — Regulation (EEC) No 2454/93 — Article 143(1)(h) — Definition of ‘related persons’ for the purposes of determining the customs value — Kinship relationship between the buyer, a natural person, and the director of the company which sold the goods
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
Case C-453/14 Vorarlberger Gebietskrankenkasse and Knauer v Landeshauptmann von Vorarlberg and Mathis
Reference for a preliminary ruling — Regulation (EC) No 883/2004 — Article 5 — Meaning of ‘equivalent benefits’ — Equal treatment of old-age benefits of two Member States of the European Economic Area — National legislation taking into account old-age benefits received in other Member States for the purpose of calculating social security contributions
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-515/14 Commission v Cyprus
Failure of a Member State to fulfil obligations — Freedom of movement for persons — Workers — Articles 45 TFEU and 48 TFEU — Old-age benefits — Difference of treatment on the ground of age — Civil servants from a Member State under the age of 45 who leave that Member State to take up employment in another Member State or within an EU institution
Language of the case: Greek
Case C-521/14 SOVAG v If Vahinkovakuutusyhtiö
References for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001– Article 6(2) — Jurisdiction — Action on a warranty or guarantee or other third party proceedings brought by a third party against a party to judicial proceedings before the court seised of the original proceedings
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Case C-50/15 P Hesse v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) and (5) — Word mark Carrera — Opposition by the proprietor of the national and Community word marks CARRERA — Likelihood of confusion — Reputation acquired by the earlier mark
Language of the case: German
Case C-75/15 Viiniverla v Sosiaali- ja terveysalan lupa- ja valvontavirasto
Reference for a preliminary ruling — Protection of geographical indications of spirit drinks — Regulation (EC) No 110/2008 — Article 16(b) — Evocation — Cider spirits produced in Finland and placed on the market as ‘Verlados’ — Protected geographical indication ‘Calvados’
Request for a preliminary ruling from the Markkinaoikeus
Language of the case: Finnish
Case C-50/14 CASTA and Others v ASL TO4 and Regione Piemonte
Reference for a preliminary ruling — Public contracts — Articles 49 TFEU and 56 TFEU — Directive 2004/18/CE — Medical transport services — National legislation authorising regional health authorities to entrust medical transport activities to registered voluntary associations fulfilling the legal requirements, directly and without advertising, by means of reimbursement of the expenditure incurred — Lawfulness
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte
Language of the case: Italian
Joined Cases C-283/14 and C-284/14 CM Eurologistik v Hauptzollamt Duisburg and GLS v Hauptzollamt Hamburg-Stadt
References for a preliminary ruling — Regulation (EU) No 158/2013 — Validity — Anti-dumping duty imposed on imports of certain prepared or preserved citrus fruits originating in China — Effect to be given to a judgment having found a preceding regulation to be invalid — Reopening of the initial investigation to determine the normal value — Reimposition of the anti-dumping duty on the basis of the same data — Investigation period to be taken into account
Requests for a preliminary ruling from the Finanzgericht Düsseldorf and Finanzgericht Hamburg
Language of the case: German
Case C-375/14 Criminal proceedings against Laezza
Reference for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — Judgment of the Court of Justice which declared the national rules on licences for the collection of bets incompatible with EU law — Reorganisation of the system by way of a new call for tenders — Free-of-charge transfer of the rights to use tangible and intangible assets owned by licensees and which constitute their network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Request for a preliminary ruling from the Tribunale di Frosinone
Language of the case: Italian
Case C-398/14 Commission v Portugal
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Article 4 — Secondary treatment or equivalent — Annex I, Sections B and D
Language of the case: Portuguese
Case C-64/15 BP Europa v Hauptzollamt Hamburg-Stadt
Reference for a preliminary ruling — Taxation — General arrangements for excise duty — Directive 2008/118/EC — Occurrence of an irregularity during a movement of excise goods — Movement of goods under a duty suspension arrangement — Goods missing on delivery — Levying of excise duty in the absence of proof of destruction or loss of the goods
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Information (on unpublished decisions)
Case C-397/15 Raiffeisen Privatbank Liechtenstein v Lukath
Reference for a preliminary ruling — Rome Convention on the law applicable to contractual obligations — First Protocol concerning the interpretation by the Court of the Rome Convention — Articles 1 and 2(a) and (b) — National courts entitled to make a reference to the Court for a preliminary ruling — Manifest lack of jurisdiction of the Court
Case C-66/15 Commission v Greece
Failure of a Member State to fulfil obligations — Freedom to provide services — Motor vehicles — Leasing or hiring of a motor vehicle by a resident of a Member State from a supplier established in another Member State — Taxation of that vehicle at the time it is registered in the first Member State — Levy of the full amount of vehicle registration tax
Case C-278/15 P Royal County of Berkshire Polo Club v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Application for a Community figurative trade mark comprising the word elements ‘Royal County of Berkshire POLO CLUB’ and the representation of a polo player on a horse — Opposition of the proprietor of the earlier Community figurative marks comprising the word elements ‘BEVERLY HILLS POLO CLUB’ — Regulation (EC) No 207/2009 — Article 8(1)(b) — Likelihood of confusion — Partial refusal of registration — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-500/15 P TVR Italia v OHIM
Appeal — Community trade mark — Language of procedure — Manifest inadmissibility
Case C-281/14 P SACBO v Commission and INEA
Appeal — Trans-European Transport Network — Financial aid — Closure — Decision declaring certain costs to be ineligible and establishing the final account — Fourth paragraph of Article 263 TFEU — Action for annulment - Challengeable act — Locus standi — Person other than the beneficiary of the aid)
Case C-604/14 P Alcoa Trasformazioni v Commission
Appeal — Article 181 of the Rules of Procedure — State aid — Aid granted by the Italian Republic in favour of Alcoa Trasformazioni Srl — Reimbursement by the Equalisation Fund of part of the electricity costs invoiced to that company by its supplier — Incompatibility with the common market — Advantage — European Commission required to undertake an economic analysis
Case C-103/15 P Internationaler Hilfsfonds v Commission
Appeal — Access to EU institution documents — Actions in areas interesting developing countries — Refusal to grant access to certain documents of the file concerning contract ‘LIEN 97-2011’ — Execution of a judgment of the General Court
Case C-170/15 P Enercon v OHIM
Appeal — Community trade mark — Regulation No 207/2009 — Article 43(2) — Amendment of Community trade mark — Reclassification of a colour mark as a figurative mark — Article 7(1)(b) — No distinctive character — Refusal of registration — Colour mark made up of certain nuances of the colour green
Case C-415/14 P Quimitécnica.com and de Mello v Commission
Appeal — Cartels — European market in phosphates for animal feed — Fine imposed on the appellants following a settlement procedure — Payment of the fine in instalments — Requirement to provide a bank guarantee at a bank with a long-term ‘AA’ credit rating — Duty to state reasons
Case C-514/14 P Éditions Odile Jacob v Commission
Appeal — Merger of undertakings in the book publishing market — Decision adopted following the annulment of a decision approving the purchaser of certain assets for lack of independence of an agent — Article 266 TFEU — Enforcement of the judgment ordering annulment — Subject matter of proceedings — Legal basis for the decision at issue — Retroactive effect of that decision — Independence of the purchaser of the assets sold vis-à-vis the seller
Case C-61/15 P Heli-Flight v EASA
Appeal — Civil aviation — Application for approval of flight conditions presented — Decision of the European Aviation Safety Agency — Rejection of an application — Compulsory preliminary administrative procedure — Possibility of an action before the court of the Union European — Role of the court — Adoption of measures of organisation of procedure — Obligation — Complex technical assessments)
Case C-374/15 P Harper Hygienics v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) and (5) — Figurative mark comprising the word elements CLEANIC natural beauty — Application for registration — Earlier Community work marks CLINIQUE — Relative grounds for refusal — Likelihood of confusion
February 2016
Joined Cases C-659/13 and C-34/14 C & J Clark International v The Commissioners for Her Majesty's Revenue & Customs and Puma v Hauptzollamt Nürnberg
References for a preliminary ruling — Admissibility — Dumping — Imports of footwear with uppers of leather originating in China and Vietnam — Validity of Regulation (EC) No 1472/2006 and Implementing Regulation (EU) No 1294/2009 — WTO Anti-Dumping Agreement — Regulation (EC) No 384/96 — Article 2(7) — Determination of dumping — Imports from non-market economy countries — Claims for market economy treatment — Time limit — Article 9(5) and (6) — Claims for individual treatment — Article 17 — Sampling — Article 3(1), (5) and (6), Article 4(1) and Article 5(4) — Cooperation of the Union industry — Article 3(2) and (7) — Determination of injury — Other known factors — Community Customs Code — Article 236(1) and (2) — Repayment of duties not legally owed — Time limit — Unforeseeable circumstances or force majeure — Invalidity of a regulation which imposed anti-dumping duties
Requests for a preliminary ruling from First-tier Tribunal (Tax Chamber) and Finanzgericht München
Languages of the case: English and German
Case C-336/14 Criminal proceedings against Ince
Freedom to provide services — Article 56 TFEU — Games of chance — Public monopoly on betting on sporting competitions — Prior administrative authorisation — Exclusion of private operators — Collection of bets on behalf of an operator established in another Member State — Criminal penalties — National provision contrary to EU law — Exclusion — Transition to a system providing for the grant of a limited number of licences to private operators — Principles of transparency and impartiality — Directive 98/34/EC — Article 8 — Technical regulations — Rules on services — Obligation to notify
Request for a preliminary ruling from the Amtsgericht Sonthofen
Language of the case: German
Case C-163/15 Hassan v Breiding Vertriebsgesellschaft
Reference for a preliminary ruling — Community trade mark — Regulation (EC) No 207/2009 — Article 23 — Licence — Register of Community trade marks — Right of the licensee to bring proceedings for infringement notwithstanding the fact that the licence has not been entered in the Register
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-601/15 PPU N. v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Standards for the reception of applicants for international protection — Directive 2008/115/EC — Lawful residence — Directive 2013/32/EU — Article 9 — Right to remain in a Member State — Directive 2013/33/EU — Point (e) of the first subparagraph of Article 8(3) — Detention — Protection of national security or public order — Validity — Charter of Fundamental Rights of the European Union — Articles 6 and 52 — Limitation — Proportionality
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-314/14 Sanoma Media Finland - Nelonen Media v Viestintävirasto
Reference for a preliminary ruling — Directive 2010/13/EU — Article 19(1) — Separation of television advertising and programmes — Split screen — Article 23(1) and (2) — Limit of 20% per clock hour on the broadcasting time for television advertising spots — Sponsorship announcements — Other references to a sponsor — ‘Black seconds’
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-429/14 Air Baltic Corporation v Lietuvos Respublikos specialiųjų tyrimų tarnyba
Reference for a preliminary ruling — Air transport — Montreal Convention — Articles 19, 22 and 29 — Liability of air carrier in the event of delay in the international carriage of passengers — Contract of carriage concluded by the passengers’ employer — Damage caused by delay — Damage suffered by the employer
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-124/15 Salutas Pharma v Hauptzollamt Hannover
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Heading 3004 — Effervescent tablets containing 500 mg of calcium — Level of substance per recommended daily dose significantly higher than the recommended daily allowance to maintain general health or well-being)
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C-176/13 P Council v Bank Mellat
Appeal — Common foreign and security policy — Combating nuclear proliferation — Restrictive measures taken against the Islamic Republic of Iran — Freezing of funds of an Iranian bank — Obligation to state reasons — Procedure for the adoption of the act — Manifest error of assessment
Language of the case: English
Case C-49/14 Finanmadrid EFC v Albán Zambrano and Others
Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms — Order for payment procedure — Enforcement proceedings — Powers of the national court responsible for enforcement to raise of its own motion the fact that the unfair term is invalid — Principle of res judicata — Principle of effectiveness — Charter of Fundamental Rights of the European Union — Judicial protection
Request for a preliminary ruling from the Juzgado de Primera Instancia de Cartagena
Language of the case: Spanish
Case C-325/15 Ś. and Others v X
Reference for a preliminary ruling — Articles 53(2) and 99 of the Rules of Procedure of the Court of Justice — Road transport — Driver’s rest periods — Rules of a Member State depriving an employee on a business trip of the right to flat-rate allowances for accommodation in the event that the accommodation is guaranteed by the employer at his own expense — Whether the accommodation of a lorry driver on board his vehicle is included
Request for a preliminary ruling from the Sąd Rejonowy we Wrocławiu
Language of the case: Polish
Case C-179/14 Commission v Hungary
Failure of a Member State to fulfil obligations — Directive 2006/123/EC — Articles 14 to 16 — Article 49 TFEU — Freedom of establishment — Article 56 TFEU — Freedom to provide services — Conditions for issuing vouchers entailing a tax advantage which are provided by employers to their employees and may be used for accommodation, leisure and/or meals — Restrictions — Monopoly
Language of the case: Hungarian
Case C-292/14 Elliniko Dimosio v Stroumpoulis and Others
Reference for a preliminary ruling — Directive 80/987/EEC — Approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer — Scope — Outstanding wage claims of seamen working on board a vessel flying the flag of a non-member country — Employer whose registered office is located in the non-member country — Employment contract subject to the law of the non-member country — Employer declared insolvent in a Member State in which its actual head office is located — Article 1(2) — Annex, Section II, A — National legislation providing a guarantee in respect of the outstanding wage claims of seaman only if they are abandoned abroad — Level of protection not equivalent to that provided by Directive 80/987
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
Case C-299/14 Vestische Arbeit Jobcenter Kreis Recklinghausen v García-Nieto and Others
Reference for a preliminary ruling — Freedom of movement of persons — Citizenship of the Union — Equal treatment — Directive 2004/38/EC — Article 24(2) — Social Assistance — Regulation (EC) No 883/2004 — Articles 4 and 70 — Special non-contributory cash benefits — Exclusion of nationals of a Member State during the first three months of residence in the host Member State
Request for a preliminary ruling from the Landessozialgericht Nordrhein-Westfalen
Language of the case: German
Case C-143/15 G.E. Security v Staatssecretaris van Financiën
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Common Customs Tariff — Combined Nomenclature — Classification of goods — Headings 8517, 8521, 8531 and 8543 — Product known as a ‘video multiplexer’
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Information (on unpublished decisions)
Case C-194/15 Baudinet and Others v Agenzia delle Entrate - Direzione Provinciale I di Torino
Reference for a preliminary ruling — Articles 63 TFEU and 65 TFEU — Free movement of capital — Article 49 TFEU — Freedom of establishment — Direct taxation — Imposition of dividends — Bilateral agreement on double taxation — Judicial double taxation
Case C-251/15 P Emsibeth v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court — Community trade mark — Application for registration of the figurative mark Nael — Opposition by the proprietor of prior Community word mark Mc Neal — Refusal of registration — Regulation (EC) No 207/2009 — Article 8(1)(b) — Determination of the relevant public — Assessment of the comparison of the goods, the similarity of the signs and the likelihood of confusion)
Case C-396/15 P Shoe Branding Europe v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 65 — Position mark — Two parallel stripes on the side of a shoe — Opposition by the proprietor of Community and national figurative marks and international registration representing three parallel stripes applied to shoes and clothing — Opposition rejected
Case C-446/14 P Germany v Commission
Appeal — State aid — Services for the removal of animal carcasses and waste from abattoirs — Maintenance of reserve capacity in the event of an outbreak — Decision declaring the aid incompatible with the common market — Service of general economic interest — Manifest error of assessment — Compensation for the public service obligation — Obligation to state reasons
Case C-407/15 Rîpanu v Loteria Română
Reference for a preliminary ruling — Article 53(2) Rules of Procedure of the Court of Justice — Charter of Fundamental Rights of the European Union — Right to fair legal process — Decision of a constitutional court — Binding effect — Publication in the official journal of the Member State concerned — No suspensive effect between delivery and publication — No implementation of EU law — Clear lack of jurisdiction of the Court
Case C-380/15 Garzón Ramos and Ramos Martín v Banco de Caja España de Inversiones, Salamanca y Soria and Intercotrans
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Right to effective judicial protection — Mortgage enforcement proceedings — Powers of the court hearing the declaratory proceedings — No implementation of EU law — Article 53(2) of the Rules of Procedure of the Court of Justice — Clear lack of jurisdiction of the Court
Case C-454/14 Commission v Spain
Failure of a Member State to fulfil obligations — Environment — Directive 1999/31/EC — Article 14 — Landfill of waste — Non-conformity of existing landfills — Closure and after-care procedures
Case C-22/15 Commission v Netherlands
Failure of a Member State to fulfil obligations — Value added tax — Directive 2006/112/EC — Exemptions — Article 132(1)(m) — Supply of services closely linked to sport or physical education — Exemption for the hiring out of berths and sites for the storage of boats to the members of water sports associations in the context of sailing or leisure activities which cannot be equated with the practice of sport or physical education — Exemption limited to the members of water sports associations which have no employees for the provision of their services — Excluded — Point (d) of the first paragraph of Article 133
Case C-346/15 P Steinbeck v OHIM
Appeal — Article 181 of Rules of Procedure of the Court of Justice — Community word marks BE HAPPY — Declaration of invalidity — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute ground for refusal — No distinctive character
Case C-487/15 P Deutsche Rockwool Mineralwoll v OHIM
Appeal — Article 181 of the Rules of Procedure of the General Court — Community trade mark — Invalidity proceedings — Community figurative mark containing the word element ‘Redrock’ — Earlier national word marks ROCK, KEPROCK, FLEXIROCK, FORMROCK, FLOOR-ROCK, TERMAROCK, KLIMAROCK, SPEEDROCK, DUROCK, SPLITROCK, PLANAROCK, TOPROCK, KLEMMROCK, FIXROCK, SONOROCK PLUS, VARIROCK, SONOROCK and MASTERROCK — Relative grounds for refusal — Regulation (EC) No 207/2009 — Articles 8(1)(b) and 53(1)(a) — Rejection of the application for a declaration of invalidity)
Case C-520/15 Aiudapds v AIFA and Ministero della Salute
Reference for a preliminary ruling — Rules of Procedure of the Court of Justice — Article 53(2) — Charter of Fundamental Rights of the European Union — Articles 47, second paragraph, and 54 — European Convention for the Protection of Human Rights and Fundamental Freedoms — Article 6(1) — Extraordinary petition to the President of the Italian Republic — Opposition to the petition by a party to the dispute — Modification of that extraordinary petition into judicial proceedings — No implementation of EU law — Clear lack of jurisdiction of the Court)
March 2016
Case C-440/14 P National Iranian Oil Company v Council
Appeal — Restrictive measures against the Islamic Republic of Iran — List of persons and entities subject to the freezing of funds and economic resources — Implementing Regulation (EU) No 945/2012 — Legal basis — Criterion relating to the material, logistical or financial support for the Government of Iran
Language of the case: French
Joined Cases C-443/14 and C-444/14 Kreis Warendorf v Alo and Osso v Region Hannover
Reference for a preliminary ruling — Convention relating to the Status of Refugees, signed in Geneva on 28 July 1951 — Articles 23 and 26 — Area of freedom, security and justice — Directive 2011/95/EU — Rules relating to the content of international protection — Subsidiary protection status — Article 29 — Social welfare — Conditions of access — Article 33 — Freedom of movement within the host Member State — Definition — Restriction — Obligation to reside in a particular place — Different treatment — Comparable situations — Balanced distribution of budgetary costs between local authorities — Grounds of migration or integration policy
Requests for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-162/15 P-R Evonik Degussa v Commission
Application for interim measures — Appeal — Administrative procedure — Publication of a decision finding the existence of an unlawful cartel on the European market for hydrogen peroxide and perborate — Commission Decision rejecting a request for confidential treatment of some information in the decision finding the existence of that cartel — Leniency Notice — Judgment of the General Court of the European Union dismissing the action for annulment of that decision — Application to suspend the operation of that decision — Prima facie case — Urgency — Weighing of interests
Language of the case: German
Case C-12/14 Commission v Malta
Failure of a Member State to fulfil obligations — Social security — Regulation (EEC) No 1408/71 — Article 46b — Regulation (EC) No 883/2004 — Article 54 — Old-age pensions — Rules against overlapping — Persons entitled to an old-age pension under the rules of one Member State and to a civil-service pension under the rules of another Member State — Reduction in the amount of the old-age pension
Language of the case: English
Case C-144/15 Staatssecretaris van Financiën v Customs Support Holland
Reference for a preliminary ruling — Common Customs Tariff — Combined Nomenclature — Headings 2304, 2308 and 2309 — Classification of a soya protein concentrate
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-179/15 Daimler v Együd Garage
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 5(1) — Advertisements relating to a third party accessible on the internet — Unauthorised use of the mark — Advertisements published online without the knowledge and without the consent of that third party or maintained online despite the opposition of that third party — Action of the trade mark proprietor against that third party
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-431/14 P Greece v Commission
Appeal — State aid — Compensation payments made by the Greek Agricultural Insurance Organisation (ELGA) in 2008 and 2009 — Decision declaring aid incompatible with the internal market and ordering its recovery — Concept of ‘State aid’ — Article 107(3)(b) TFEU — Guidelines for State aid in the agricultural sector — Obligation to state reasons — Distortion of evidence
Language of the case: Greek
Case C-94/14 Flight Refund v Deutsche Lufthansa
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — European order for payment procedure — Regulation (EC) No 1896/2006 — Articles 17 and 20 — Obligations of a court seised in order to designate the court with territorial jurisdiction to hear contentious proceedings following the defendant’s opposition to the European order for payment — Competence of the courts of the Member State of origin of the European order for payment — Regulation (EC) No 44/2001 — Debt arising from the right to compensation under Regulation (EC) No 261/2004 on account of a flight delay
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-235/14 Safe Interenvios v Liberbank and Others
Reference for a preliminary ruling — Prevention of the use of the financial system for the purpose of money laundering and terrorist financing — Directive 2005/60/EC — Customer due diligence measures — Directive 2007/64/EC — Payment services in the internal market
Request for a preliminary ruling from the Audiencia Provincial de Barcelona
Language of the case: Spanish
Case C-247/14 P HeidelbergCement v Commission
Appeal — Competition — Market for ‘cement and related products’ — Administrative procedure — Regulation (EC) No 1/2003 — Article 18(1) and (3) — Decision requesting information — Statement of reasons — Clarification of the application
Language of the case: German
Case C-499/14 VAD and van Aert v Belgische Staat
Reference for a preliminary ruling — Customs Union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Interpretation — General Rules — Rule 3(b) — Definition of ‘goods put up in sets for retail sale’ — Separate packages
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
Case C-232/14 Portmeirion Group v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling — Dumping — Implementing Regulation (EU) No 412/2013 — Validity — Imports of ceramic tableware and kitchenware originating in China — Product concerned — Product under consideration — Obligation to state reasons
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Case C-286/14 Parliament v Commission
Action for annulment — Article 290 TFEU — Concepts of ‘amending’ and ‘supplementing’ — Regulation (EU) No 1316/2013 — Article 21(3) — Scope of the power conferred on the European Commission — Need to adopt a separate legislative act — Delegated Regulation (EU) No 275/2014
Language of the case: French
Case C-472/14 Canadian Oil Company Sweden and Rantén v Riksåklagaren
Reference for a preliminary ruling — Registration, evaluation and authorisation of chemicals — Regulation (EC) No 1907/2006 (REACH Regulation) — Extent of harmonised field — Registration of chemical substances with the European Chemicals Agency before placing them on the market — Article 5 — National chemical product register — Notification requirement for registration purposes — Compatibility with the REACH Regulation — Articles 34 TFEU and 36 TFEU — Quantitative restriction on imports
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
Case C-40/15 Minister Finansów v Aspiro
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Article 135(1)(a) — Exemption for insurance — Definition of ‘insurance’ transactions and of ‘related services performed by insurance brokers and insurance agents’ — Claims settlement services provided by and on behalf of an insurer
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-84/15 Sonos Europe v Staatssecretaris van Financiën
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Customs union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Headings 8517, 8518, 8519, 8527 and 8543 — Stand-alone device designed to retrieve, receive and stream digital audio files in the form of amplified sound
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-99/15 Liffers v Producciones Mandarina and Mediaset España Comunicación
Reference for a preliminary ruling — Intellectual property — Directive 2004/48/EC — Article 13(1) — Audiovisual work — Infringing activity — Damages — Rules for calculation — Lump sum — Moral prejudice — Inclusion
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-112/15 Kødbranchens Fællesråd v Ministeriet for Fødevarer, Landbrug og Fiskeri and Fødevarestyrelsen
Reference for a preliminary ruling — Approximation of laws — Regulation (EC) No 882/2004 — Regulation (EC) No 854/2004 — Official controls of feed and food — Fees that may be charged by Member States to cover the costs incurred through official controls — Costs in connection with the training of official auxiliaries
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Joined Cases C-145/15 and C-146/15 Ruijssenaars and Others v Staatssecretaris van Infrastructuur en Milieu
Air transport — Regulation (EC) No 261/2004 — Article 7 — Compensation payable to passengers in the event that their flight is cancelled or delayed by more than three hours — Article 16 — National bodies responsible for the enforcement of the regulation — Powers — Adoption of enforcement measures against the air carrier for payment of the compensation due to the passenger
References for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-161/15 Bensada Benallal v État belge
Reference for a preliminary ruling — Directive 2004/38/EC — Decision withdrawing residence authorisation — Principle of respect for the rights of the defence — Right to be heard — Procedural autonomy of the Member States — Admissibility of grounds of appeal on a point of law — Plea based on public policy
Request for a preliminary ruling from Conseil d'État
Language of the case: French
Case C-175/15 Taser International v SC Gate 4 Business and Anastasiu
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Contracts imposing an obligation on a Romanian undertaking to assign trade marks to an undertaking with its seat in a third country — Refusal — Clause conferring jurisdiction on a third country — Defendant entering an appearance before the Romanian courts without raising an objection — Applicable rules on jurisdiction
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
Case C-695/15 PPU Mirza v Bevándorlási és Állampolgársági Hivatal
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Regulation (EU) No 604/2013 — Criteria and mechanisms for determining the Member State responsible for examining an application for international protection — Article 3(3) — Right of Member States to send an applicant to a safe third country — Article 18 — Obligations of the Member State responsible for examining the application in the event that the applicant is taken back — Directive 2013/32/EU — Common procedures for granting and withdrawing international protection — Examination of an application for international protection
Request for a preliminary ruling from the Debreceni Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Information (on unpublished decisions)
Case C-26/15 P Spain v Commission
Appeal — Regulation (EC) No 1234/2007 — Common organisation of agricultural markets — Implementing Regulation (EU) No 543/2011 — Fifth indent of Part D of Section VI of Part B 2 of Annex I — Fruit and vegetables and processed fruit and vegetables sectors — Citrus fruits — Conditions for marketing — Provisions concerning marking — Indications of preserving agents or other chemical substances used in post-harvest processing
Case C-138/15 P Teva Pharma and Teva Pharmaceuticals Europe v EMA
Appeal — Orphan medicinal products — Regulation (EC) No 141/2000 — Regulation (EC) No 847/2000 — Refusal to grant marketing authorisation for the generic version of the orphan medicinal product ‘imatinib mesylate’
Case C-440/15 P AgriCapital v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court — Application for the Community word mark AGRI.CAPITAL — Opposition proceedings — Earlier Community word marks AgriCapital and AGRICAPITAL — Rejection of the opposition
Case C-537/15 Euro Bank v Łopaciński
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Credit agreement — Unfair terms — National rules — Simplified enforcement for banks — Attachment of an enforcement clause by the enforcement court — Assessment by the national court, of its own motion, as to whether contractual terms are unfair — Impossible — National legislation at issue repealed — No need to adjudicate
Case C-248/14 P Schwenk Zement v Commission
Appeal — Competition — Market for ‘cement and related products’ — Administrative procedure — Regulation (EC) No 1/2003 — Article 18(1) and (3) — Decision requesting information — Statement of reasons — Clarification of the application
Case C-267/14 P Buzzi Unicem v Commission
Appeal — Competition — Market for ‘cement and related products’ — Administrative procedure — Regulation (EC) No 1/2003 — Article 18(1) and (3) — Decision requesting information — Statement of reasons — Clarification of the application
Case C-268/14 P Italmobiliare v Commission
Appeal — Competition — Market for ‘cement and related products’ — Administrative procedure — Regulation (EC) No 1/2003 — Article 18(1) and (3) — Decision requesting information — Statement of reasons — Clarification of the application
Case C-38/15 Commission v Spain
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Collection and treatment systems — Discharges in sensitive areas — Monitoring methods — Collecting of samples
Case C-142/15 P SolarWorld v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Article 263 TFEU — Criterion for direct concern — Appeal manifestly unfounded — Dumping — Imports of crystalline silicon photovoltaic modules and key components (cells and wafers) originating in or consigned from China — Regulation (EC) No 1225/2009 — Article 8 — Offer of a price undertaking by Chinese exporting producers — Acceptance by the Commission — Exemption of anti-dumping duties — Action against the acceptance decision — Inadmissibility
Case C-312/15 P SolarWorld v Commission
Appeals — Article 181 of the Rules of Procedure of the Court — Appeal manifestly unfounded — Regulation (EU) No 513/2013 — Dumping — Imports of crystalline silicon photovoltaic modules and key components (cells and wafers) originating in or consigned from China — Provisional anti-dumping duty — Definitive anti-dumping duty — No need to adjudicate — Loss of interest in bringing proceedings
Case C-476/15 P Grupo Bimbo v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Three‑dimensional trade mark in the shape a Mexican tortilla — Refusal of registration — Absolute ground for refusal — No distinctive character — Regulation (EC) No 207/2009 — Article 7(1)(b) — Obligation to state reasons — Article 296 TFEU
Case C-252/15 P Naazneen Investments v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Revocation proceedings — Article 51(1)(a) — Community word mark SMART WATER — Genuine use — Obligation to state reasons — Article 75
Case C-613/15 Ibercaja Banco v Cortés Gonález
Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms in consumer contracts — Mortgage loans — Term relating to default interest — Early repayment term — Power of the national court — Time limit
Case C-319/15 Overseas Financial and Oaktree Finance v Ministre de l’Économie, de l’Industrie et du Numérique
Reference for a preliminary ruling — No need to adjudicate
April 2016
Case C-689/13 PFE v Airgest
Reference for a preliminary ruling — Public service contracts — Directive 89/665/EEC – Article 1(1) and (3) — Review procedures — Application for annulment of the decision awarding a public contract by a tenderer whose bid was not successful — Counterclaim brought by the successful tenderer — Rule derived from national case-law under which the counterclaim must be examined first and, if the counterclaim is well founded, the main action must be dismissed as inadmissible without any examination of the merits — Whether compatible with EU law — Article 267 TFEU — Principle of the primacy of EU law — Principle of law stated by decision of the plenary session of the supreme administrative court of a Member State — National legislation which provides that that decision is binding on the chambers of that court — Obligation on the part of the chamber required to adjudicate on a question of EU law to refer that question to the plenary session if it disagrees with the decision of the plenary session — Whether the chamber has a discretion or is under an obligation to request a preliminary ruling from the Court of Justice
Request for a preliminary ruling from the Consiglio di Giustizia amministrativa per la Regione siciliana
Language of the case: Italian
Joined Cases C-404/15 and C-659/15 PPU Aranyosi and Căldăraru
Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Grounds for refusal to execute — Charter of Fundamental Rights of the European Union — Article 4 — Prohibition of inhuman or degrading treatment — Conditions of detention in the issuing Member State
Requests for a preliminary ruling from the Hanseatisches Oberlandesgericht in Bremen
Language of the case: German
Joined Cases C-186/14 P and C-193/14 P ArcelorMittal Tubular Products Ostrava and Others v Hubei Xinyegang Steel and Council v Hubei Xinyegang Steel
Appeal — Dumping — Regulation (EC) No 384/96 — Article 3(5), (7) and (9) — Article 6(1) — Regulation (EC) No 926/2009 — Imports of certain seamless pipes and tubes of iron or steel originating in China — Definitive anti-dumping duty — Determination of a threat of injury — Taking into account of post-investigation period data
Language of the case: English
Case C-294/14 ADM Hamburg v Hauptzollamt Hamburg-Stadt
Reference for a preliminary ruling — Customs Union and Common Customs Tariff — Community Customs Code — Tariff Preferences — Regulation (EEC) No 2454/93 — Article 74(1) — Products originating from a beneficiary country — Transport — Consignments composed of a mixture of crude palm kernel oil originating in several countries benefiting from the same preferential treatment
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C-315/14 Marchon Germany v Karaszkiewicz
Reference for a preliminary ruling — Self-employed commercial agents — Directive 86/653/EEC — Article 17(2) — Indemnity in respect of customers — Conditions for granting — Acquisition of new customers — Concept of ‘new customers’ — Principal’s customers purchasing, for the first time, goods which the commercial agent was assigned to sell
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-324/14 Partner Apelski Dariusz v Zarząd Oczyszczania Miasta
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Technical and/or professional abilities of economic operators — Article 48(3) — Possibility to rely on the capacities of other entities — Conditions and procedures — Nature of the links between the tenderer and the other entities — Amendment of the tender — Annulment and repetition of an electronic auction — Directive 2014/24/EU
Request for a preliminary ruling from the Krajowa Izba Odwoławcza
Language of the case: Polish
Case C-460/14 Massar v DAS Nederlandse Rechtsbijstand Verzekeringsmaatschappij
Reference for a preliminary ruling — Legal expenses insurance — Directive 87/344/EEC — Article 4(1) — Free choice of lawyer for an insured person — Inquiry or proceedings — Definition — Authorisation granted by a public body to an employer for the purpose of terminating an employment contract
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-483/14 KA Finanz v Sparkassen Versicherung Vienna Insurance Group
Reference for a preliminary ruling — Rome Convention — Applicable law — Cross-border merger — Directive 78/855/EEC — Directive 2005/56/EC — Merger by acquisition — Protection of creditors — Transfer of all the assets and liabilities of the company being acquired to the acquiring company
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-546/14 Proceedings brought by Degano Trasporti
Reference for a preliminary ruling — Taxation — VAT — Article 4(3) TEU — Directive 2006/112/EC — Insolvency — Procedure for an arrangement with creditors — Partial payment of VAT debts
Request for a preliminary ruling from the Tribunale di Udine
Language of the case: Italian
Case C-5/15 AK v Achmea Schadeverzekeringen and Stichting Achmea Rechtsbijstand
Reference for a preliminary ruling — Legal expenses insurance — Directive 87/344/EEC — Article 4(1) — Free choice of lawyer for an insured person — Inquiry or proceedings — Definition — Objection to refusal of authorisation for care
Request for a preliminary ruling from the Gerechtshof Amsterdam
Language of the case: Dutch
Case C-193/15 P Akhras v Council
Appeal — Common foreign and security policy (CFSP) — Restrictive measures against the Syrian Arab Republic — Measures directed against persons and entities benefiting from or supporting the regime — Proof that inclusion on the lists is well founded — Set of indicia — Distortion of the sense of the evidence
Language of the case: English
Case C-266/15 P Central Bank of Iran v Council
Appeal — Restrictive measures taken against the Islamic Republic of Iran — List of persons and entities subject to the freezing of funds and economic resources — Criterion relating to the provision of material, logistical or financial support to the Government of Iran — Financial services of a central bank
Language of the case: English
Case C-284/15 ONEm v M. and M. v ONEm and CAPAC
Reference for a preliminary ruling — Article 45 TFEU and Article 48 TFEU — Charter of Fundamental Rights of the European Union — Article 15(2) — Regulation (EEC) No 1408/71 — Article 67(3) — Social security — Unemployment benefit to supplement income from part-time employment — Award of that benefit — Completion of periods of employment — Aggregation of periods of insurance or employment — Taking into account of periods of insurance or employment completed under the legislation of another Member State
Request for a preliminary ruling from the Cour du travail de Bruxelles
Language of the case: French
Case C-561/14 Genc v Integrationsministeriet
Reference for a preliminary ruling — EEC-Turkey Association Agreement — Decision No 1/80 — Article 13 — Standstill clause — Family reunification — National legislation laying down new, more stringent conditions on access to family reunification for family members, who are not economically active, of economically active Turkish nationals who are resident and have a residence permit in the Member State in question — Condition requiring ties sufficient to enable successful integration
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-131/14 Cervati and Malvi v Agenzia delle Dogane and Agenzia delle Dogane – Ufficio delle Dogane di Livorno
Reference for a preliminary ruling — Agriculture — Common organisation of the markets — Regulation (EC) No 565/2002 — Article 3(3) — Tariff quota — Garlic of Argentinian origin — Import licences — Non-transferability of rights deriving from import licences — Circumvention — Abuse of rights — Conditions — Regulation (EC, Euratom) No 2988/95 — Article 4(3)
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Joined Cases C-381/14 and C-385/14 Sales Sinués and Drame Ba v Caixabank and Catalunya Caixa
References for a preliminary ruling — Directive 93/13/EEC — Contracts concluded between sellers or suppliers and consumers — Mortgage contracts — ‘Floor’ clause — Examination of the clause with a view to its invalidation — Collective proceedings — Action for an injunction — Stay of an individual action with the same subject matter
References for a preliminary ruling from the Juzgado de lo Mercantil and Juzgado Mercantil de Barcelona
Language of the case: Spanish
Case C-397/14 Polkomtel v Prezes Urzędu Komunikacji Elektronicznej
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/22/EC — Article 28 — Non-geographic numbers — Access by end-users residing in the Member State for operators to services using non-geographic numbers — Directive 2002/19/EC — Articles 5, 8 and 13 — Powers and responsibilities of the national regulatory authorities with regard to access and interconnection — Imposition, amendment or withdrawal of obligations — Imposition of obligations on undertakings that control access to end-users — Price control — Undertaking not having significant market power on the market — Directive 2002/21/EC — Resolution of disputes between undertakings — Decision of the national regulatory authority laying down the conditions of cooperation and the pricing procedures for services between undertakings
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-522/14 Sparkasse Allgäu v Finanzamt Kempten
Reference for a preliminary ruling — Freedom of establishment — Article 49 TFEU — Legislation of a Member State requiring credit institutions to notify the tax authorities of deceased customers’ assets for purposes related to the collection of inheritance tax — Application of that legislation to branches established in another Member State in which banking secrecy prohibits, in principle, the disclosure of such information
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-441/14 DI v Estate of Karsten Eigil Rasmussen
Reference for a preliminary ruling — Social policy — Charter of Fundamental Rights of the European Union — Directive 2000/78/EC — Principle prohibiting discrimination on grounds of age — National legislation incompatible with the directive — Possibility for a private person to bring proceedings to establish the liability of the State for breach of EU law — Dispute between private persons — Balancing of various rights and principles — Principles of legal certainty and the protection of legitimate expectations — Role of the national court
Request for a preliminary ruling from the Højesteret
Language of the case: Danish
Case C-366/13 Profit Investment SIM v Ossi and Others
Reference for a preliminary ruling — Regulation (EC) No 44/2001 — Area of Freedom, Security and Justice — Concept of ‘irreconcilable judgments’ — Actions having different subject-matters brought against several defendants domiciled in various Member States — Conditions for the prorogation of jurisdiction — Jurisdiction clause — Concept of ‘matters relating to a contract’ — Verification of the lack of a valid contractual link
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-200/13 P Council v Bank Saderat Iran
Appeal — Common foreign and security policy — Combating nuclear proliferation — Restrictive measures taken against the Islamic Republic of Iran — Freezing of funds of an Iranian bank — Obligation to state reasons — Procedure for the adoption of the act — Manifest error of assessment
Language of the case: English
Case C-377/14 Radlinger and Radlingerová v Finway
Reference for a preliminary ruling — Directive 93/13/EEC — Article 7 — National rules governing insolvency proceedings — Debts arising from a consumer credit agreement — Effective judicial remedy — Point 1(e) of the annex — Disproportionate amount of compensation — Directive 2008/48/EC — Article 3(l) — Total amount of credit — Point I of Annex I — Amount of drawdown — Calculation of the annual percentage rate — Article 10(2) — Obligation to provide information — Ex officio examination — Penalty
Request for a preliminary ruling from the Krajský soud v Praze
Language of the case: Czech
Case C-558/14 Khachab v Subdelegación del Gobierno en Álava
Reference for a preliminary ruling — Directive 2003/86/EC — Article 7(1)(c) — Family reunification — Requirements for the exercise of the right to family reunification — Stable and regular resources which are sufficient — National legislation permitting a prospective assessment of the likelihood that the sponsor will retain his resources — Compatibility
Request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco
Language of the case: Spanish
Case C-572/14 Austro-Mechana v Amazon EU and Others
Reference for a preliminary ruling — Regulation (EC) No 44/2001 — Jurisdiction in civil and commercial matters — Article 5(3) — Concept of ‘tort, delict or quasi-delict’ — Directive 2001/29/EC — Harmonisation of certain aspects of copyright and related rights in the information society — Article 5(2)(b) — Reproduction right — Exceptions and limitations — Reproduction for private use — Fair compensation — Non-payment — Whether included in the scope of Article 5(3) of Regulation (EC) No 44/2001
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-528/14 X v Staatssecretaris van Financiën
Reference for a preliminary ruling — Common Customs Tariff — Regulation (EC) No 1186/2009 — Article 3 — Relief from import duties — Personal property — Transfer of residence from a third country to a Member State — Definition of ‘normal place of residence’ — Impossible to have at the same time a normal place of residence in a Member State and in a third country — Criteria for determining the normal place of residence
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-128/14 Staatssecretaris van Financiën v Het Oudeland Beheer
Reference for a preliminary ruling — Taxation — VAT — Taxable transactions — Application for the purposes of the business of goods acquired ‘in the course of the business’ — Treatment as supplies effected for consideration — Taxable amount
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Joined Cases C-191/14, C-192/14, C-295/14, C-389/14 and C-391/14 to C-393/14 Borealis Polyolefine and Others v Bundesminister für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft and Others
References for a preliminary ruling — Scheme for greenhouse gas emission allowance trading in the European Union — Directive 2003/87/EC — Article 10a(5) — Method for allocating allowances — Free allocation of allowances — Method for calculating the uniform cross-sectoral correction factor — Decision 2011/278/EU — Article 15(3) — Decision 2013/448/EU — Article 4 — Annexe II — Validity
Requests for a preliminary ruling from the Landesverwaltungsgericht Niederösterreich, Raad van State and Tribunale Amministrativo Regionale per il Lazio
Languages of the case: German, Dutch and Italian
Case C-384/14 Alta Realitat v Erlock Film and Thomsen
Reference for a preliminary ruling — Cooperation in civil and commercial matters — Service of judicial and extrajudicial documents — Regulation (EC) No 1393/2007 — Article 8 — Failure to provide a translation of the document — Refusal to accept a document — Linguistic knowledge of the addressee of the document — Review by the judge hearing the matter in the Member State of origin
Request for a preliminary ruling from the Juzgado de Primera Instancia de Barcelona
Language of the case: Spanish
Case C-233/15 Oniors Bio v Valsts ieņēmumu dienests
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Common Customs Tariff — Tariff classification — Combined Nomenclature — Subheadings 1517 90 91 and 1518 00 31 — Mixture of fluid vegetable oil, unprocessed, non-volatile, composed of rapeseed oil (88%) and sunflower oil (12%)
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
Information (on unpublished decisions)
Joined Cases C-210/14 to C-214/14 Tomassi and Others v Procura Generale della Repubblica
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-433/14 Criminal proceedings against Rosa
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-434/14 Criminal proceedings against Mignone
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-435/14 Criminal proceedings against Barletta
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-436/14 Criminal proceedings against Cazzorla
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-437/14 Criminal proceedings against Seminario
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-462/14 Criminal proceedings against Carlucci
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-467/14 Criminal proceedings against Baldo
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-474/14 Criminal proceedings against Pontillo
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-495/14 Tita and Others v Ministero della Giustizia and Others
Reference for a preliminary ruling — Article 99 of the Court’s Rules of Procedure — Directive 89/665/EEC — Public procurement — National legislation — Fees for access to administrative proceedings in the field of public procurement — Right to an effective remedy — Dissuasive fees — Judicial review of administrative decisions — Principles of effectiveness and equivalence
Case C-534/14 Criminal proceedings against Gaiti and Others
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-556/14 P Holcim (Romania) v Commission
Appeal — Environment — Scheme for greenhouse gas emission allowance trading in the European Union — Directive 2003/87/EC — Articles 19 and 20 — Regulation (EC) No 2216/2004 — Article 10 — System of registries for transactions concerning emission allowances — Liability for fault — Commission’s refusal to disclose information on and to prohibit all transactions involving stolen emission allowances — Strict liability
Case C-65/15 Santoro v Procura della Repubblica
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-474/15 P Harper Hygienics v EUIPO
Appeal — Article 181 of the Rules of Procedure — Community trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) and (5) — Figurative mark containing the word elements ‘CLEANIC intimate’ — Application for registration — Earlier Community word marks CLINIQUE — Relative grounds for refusal — Likelihood of confusion
Case C-475/15 P Harper Hygienics v EUIPO
Appeal — Article 181 of the Rules of Procedure — Community trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) and (5) — Figurative mark containing the word elements ‘CLEANIC Kindii’ — Application for registration — Earlier Community word marks CLINIQUE — Relative grounds for refusal — Likelihood of confusion
Case C-504/15 Conti v Procura della Repubblica
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-653/15 P Bopp v EUIPO
Appeal — Article 181 of the Rules of Procedure — Community trade mark — Application for registration of a figurative sign representing an octagonal green frame as a Community trade mark — Absolute ground for refusal — Distinctive character — Regulation (EC) No 207/2009 — Article 7(1)(b)
Case C-8/16 Tonachella v Procura della Repubblica
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-100/15 P Netherlands Maritime Technology Association v Commission
Appeal — State aid — Spanish scheme of early depreciation of certain assets acquired through financial leasing — Decision finding no State aid — Formal investigation procedure not initiated — Insufficient and incomplete examination — Obligation to state reasons — Selectivity
Case C-328/15 Târșia v Statul român and Others
Reference for a preliminary ruling — Manifest lack of jurisdiction — Article 53(2) of the Rules of Procedure of the Court of Justice — Equal treatment and non-discrimination — Article 6(1) TEU — Charter of Fundamental Rights of the European Union — Articles 20, 21(1) and 52 — Directives 76/207/EEC and 2006/54/EC — National legislation providing for the grant of a salary increment only to university lecturers who obtained their academic title of doctor prior to the entry into force of that legislation
Case C-394/15 P Dalli v Commission
Appeal — OLAF investigation report concerning a Member of the European Commission — Alleged oral decision of the President of the Commission to terminate the term of office of the Commissioner concerned — Action for annulment and compensation
Case C-451/15 P Best-Lock (Europe) v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Three-dimensional trade mark in the shape of a toy figure with protrusion — Invalidity proceedings — Rejection
Case C-452/15 P Best-Lock (Europe) v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Three-dimensional trade mark in the shape of a toy figure with protrusion — Invalidity proceedings — Rejection
Case C-479/15 P Nanu-Nana Joachim Hoepp v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — Community trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Word mark NANU — Opposition by the proprietor of the word mark NAMMU — Partial refusal to register — Likelihood of confusion — Distortion of the facts — Inadequate statement of reasons
Case C-480/15 P KS Sports v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Regulation (EC) No 207/2009 — Application for registration of the word mark ALEX — Opposition by the proprietor of the national word marks ALEX and the national figurative mark containing the word element ‘ALEX’ — Rejection of the opposition — Article 75 — Right to be heard — Obligation to state reasons — Article 8(1)(b) — Likelihood of confusion — Similarity between products
Case C-515/15 P Roland v EUIPO
Appeal — Article 181 of the Rules of Procedure — EU trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Mark in the category ‘other’, consisting of a nuance of the colour red applied to the sole of a shoe — Opposition from the proprietor of the figurative mark registered internationally, containing the word elements ‘my SHOES’ — Rejection of the opposition
Case C-555/15 Gabarel v Fazenda Pública
Request for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Exemptions — Provision of medical care in the exercise of the medical and paramedical professions — Physiotherapy — Osteopathy
Case C-541/14 P Royal Scandinavian Casino Århus v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Actions for annulment — Article 263, fourth para., TFEU — Right to bring an action — Locus standi — Natural or legal persons — State aid — Decision declaring State aid compatible with the internal market — Act concerning the applicant individually — Regulatory act not requiring implementing measures
Case C-563/14 P Dansk Automat Brancheforening v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Actions for annulment — Article 263, fourth para., TFEU — Right to bring an action — Locus standi — Natural or legal persons — State aid — Decision declaring aid compatible with the internal market — Act concerning the applicant individually — Regulatory act not requiring implementing measures
Case C-227/15 P Cahier and Others v Council and Commission
Appeal — Non-contractual liability of the European Union — Regulation (EC) No 1493/1999 — Article 28(1) — Compulsory distillation of the quantities of wine obtained from dual-purpose vine varieties produced in excess of the normal quantity and not exported outside the Union — Regulation (EC) No 1623/2000 — Distillation carried out by the producer himself in his capacity as distiller — Production of spirits with designation of origin
Case C-232/15 P ultra air v EUIPO
Appeal — EU trade mark — EU word mark ultra.air ultrafilter — Invalidity proceedings — Absolute ground for refusal or for invalidity — Descriptive character — Regulation (EC) No 207/2009 — Article 7(1)(b) and (c) and Article 52(1)(a) — Declaration of invalidity by the Board of Appeal — Article 181 of the Rules of Procedure of the Court — Appeal in part manifestly inadmissible and in part manifestly unfounded
Joined Cases C-264/15 P and C-265/15 P Makro autoservicio mayorista and Vestel Iberia v Commission
Appeal — Rules of Procedure of the Court — Article 181 — Article 263 TFEU — Situation of a person not directly affected by the decision under appeal — Customs union — Subsequent entry in the accounts and remission of import duties — Reception apparatus for colour television sets from Turkey
Case C-279/15 P Borde and Carbonium v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Intra-ACP programme (African, Caribbean and Pacific States) of the Global Climate Change Alliance (GCCA) — European Commission’s request to terminate the mission of an expert chosen by the other contracting party — Action for annulment — Right to an effective judicial remedy
Case C-285/15 Beca Engineering v Ministero dell'Interno
Reference for a preliminary ruling — Article 99 of the Court’s Rules of Procedure — Free movement of goods — Directive 89/106/EEC — Construction products — Chimney linings — National legislation requiring chimneys to be made exclusively with non-combustible materials
Case C-462/15 Pudāns
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Common Agricultural Policy — Regulation (EC) No 73/2009 — Direct support schemes — Article 29(1) — Obligation to make payments in full to the beneficiaries — Income tax
Case C-35/16 P Matratzen Concord v EUIPO
Appeal — Article 181 Rules of Procedure — EU trade mark — Word mark Matratzen Concord — Relative ground for refusal — Opposition from the proprietor of the national word mark MATRATZEN — Likelihood of confusion — Regulation (EC) No 207/2009 — Article 8(1)(b) — Refusal in part of the registration — Proof of use of the earlier mark — Article 42(2)
May 2016
Case C-346/14 Commission v Austria
Failure of a Member State to fulfil obligations — Article 4(3) TEU — Article 288 TFEU — Directive 2000/60/EC — EU water policy — Article 4(1) — Prevention of deterioration of the status of bodies of surface water — Article 4(7) — Derogation from the prohibition of deterioration — Overriding public interest — Authorisation to construct a hydropower plant on the Schwarze Sulm River (Austria) — Deterioration of the water status
Language of the case: German
Case C-358/14 Poland v Parliament and Council
Action for annulment — Approximation of laws — Directive 2014/40/EU — Article 2(25), Article 6(2)(b), Article 7(1) to (5), the first sentence of Article 7(7), Article 7(12) to (14) and Article 13(1)(c) — Validity — Manufacture, presentation and sale of tobacco products — Prohibition on the placing on the market of tobacco products with characterising flavours — Tobacco products containing menthol — Legal basis — Article 114 TFEU — Principle of proportionality — Principle of subsidiarity
Language of the case: Polish
Case C-477/14 Pillbox 38 v Secretary of State for Health
Reference for a preliminary ruling — Approximation of laws — Directive 2014/40/EU — Article 20 — Electronic cigarettes and refill containers — Validity — Principle of equal treatment — Principles of proportionality and legal certainty — Principle of subsidiarity — Charter of Fundamental Rights of the European Union — Articles 16 and 17
Request for a preliminary ruling from the High Court of Justice, Queen's Bench Division (Administrative Court)
Language of the case: English
Case C-547/14 Philip Morris Brands and Others v Secretary of State for Health
Reference for a preliminary ruling — Approximation of laws — Directive 2014/40/EU — Articles 7, 18 and 24(2) and (3) — Articles 8(3), 9(3), 10(1)(a), (c) and (g), 13 and 14 — Manufacture, presentation and sale of tobacco products — Validity — Legal basis — Article 114 TFEU — Principle of proportionality — Principle of subsidiarity — Fundamental rights of the European Union — Freedom of expression — Charter of Fundamental Rights of the European Union — Article 11
Request for a preliminary ruling from the High Court of Justice, Queen's Bench Division (Administrative Court)
Language of the case: English
Case C-520/14 Gemeente Borsele v Staatssecretaris van Financiën and Staatssecretaris van Financiën v Gemeente Borsele
Reference for a preliminary ruling — Value added tax — Directive 2006/112/EC — Articles 2(1)(c) and 9(1) — Taxable persons — Economic activities — Definition — Transport of schoolchildren
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Joined Cases C-532/14 and C-533/14 Toorank Productions v Staatssecretaris van Financiën
References for a preliminary ruling — Common Customs Tariff — Classification for customs purposes — Combined Nomenclature — Tariff heading 2206 — Tariff heading 2208 — Alcoholic beverages obtained through fermentation followed by purification — Addition of additives to alcoholic beverages obtained through fermentation followed by purification — Beverages which have lost the properties of beverages falling under tariff heading 2206
Requests for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-281/15 Sahyouni v Mamisch
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Judicial cooperation in civil matters — Regulation (EU) No 1259/2010 — Scope — Recognition of a private divorce pronounced by a religious court in a third country — Manifest lack of jurisdiction of the Court
Request for a preliminary ruling from the Oberlandesgericht München
Language of the case: German
Joined Cases C-692/15 to C-694/15 Security Service and Others v Ministero dell'Interno and Others
Reference for a preliminary ruling — Rules of Procedure of the Court of Justice — Article 53(2) — Freedom of establishment and freedom to provide services — Purely internal situation — Court’s manifest lack of jurisdiction
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-396/14 MT Højgaard and Züblin v Banedanmark
Reference for a preliminary ruling — Article 267 TFEU — Jurisdiction of the Court — Status of the referring body as a court or tribunal — Procurement procedure in railway infrastructure sector — Negotiated procedure — Directive 2004/17/EC — Article 10 — Article 51(3) — Principle of equal treatment of tenderers — Group composed of two companies and admitted as such as a tenderer — Tender submitted by one of the two companies, in its own name, the other company having been declared insolvent — Company considered to be capable, by itself, of being admitted as a tenderer — Contract awarded to that company
Request for a preliminary ruling from the Klagenævnet for Udbud
Language of the case: Danish
Case C-108/16 PPU Openbaar Ministerie v Dworzecki
Request for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 4a(1) — Surrender procedures between Member States — Conditions of execution — Reasons for optional non-execution — Exceptions — Mandatory execution — Sentence handed down in absentia — Concepts of ‘summons in person’ and ‘official notification by other means — Autonomous concepts of EU law
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-559/14 Meroni v Recoletos
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Recognition and enforcement of provisional and protective measures — Concept of ‘public policy’
Request for a preliminary ruling from the Augstākā tiesa Civillietu departaments
Language of the case: Latvian
Joined Cases C-260/14 and C-261/14 Județul Neamț and Județul Bacău v Ministerul Dezvoltării Regionale și Administrației Publice
Reference for a preliminary ruling — Protection of the financial interests of the European Union — Regulation (EC, Euratom) No 2988/95 — European Regional Development Fund (ERDF) — Regulation (EC) No 1083/2006 — Award of a contract by the beneficiary of funds acting as contracting authority for the performance of the action eligible for funding — Definition of ‘irregularity’ — Criterion relating to ‘breach of EU law’ — Tendering procedures contrary to national law — Nature of financial corrections adopted by Member States –Administrative measures or penalties
References for a preliminary ruling from the Curtea de Apel Bacău
Language of the case: Romanian
Case C-550/14 Envirotec Denmark v Skatteministeriet
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Reverse charge mechanism — Article 198(2) — Gold material or semi-manufactured products — Meaning — Article 199(1)(d) and Annex VI — Used materials, waste and scrap — Ingots resulting from the melting down of various objects and scrap used to enable the extraction of gold and with a purity in gold of 325 thousandths or greater
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-607/14 Bookit v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Exemption — Article 135(1)(d) — Transactions concerning payments and transfers — Meaning — Purchase of cinema tickets by telephone or via the Internet — Payment by debit card or credit card – ‘Card handling’ services
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Case C-48/15 État belge, SPF Finances v NN (L) International
Reference for a preliminary ruling — Direct taxation — Free movement of capital — Freedom to provide services — Directive 69/335/EEC — Articles 2, 4, 10 and 11 — Directive 85/611/EEC — Articles 10 and 293 EC — Annual tax on undertakings for collective investment — Double taxation — Penalties applicable to collective investment undertakings governed by foreign law
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
Case C-198/15 Invamed Group and Others v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Section XVII — Vehicles — Chapter 87 — Vehicles other than railway or tramway rolling stock, and parts and accessories thereof — Headings 8703 and 8713 — Vehicles with battery-powered electric motors — Definition of ‘disabled persons’
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Case C-224/15 P Rose Vision v Commission
Appeal — Projects funded by the European Union in the field of research — Audits finding irregularities in the implementation of certain projects — Commission decisions suspending payment of the amounts payable under certain projects — Action for compensation — Rejection — Statement of reasons
Language of the case: Spanish
Case C-244/15 Commission v Greece
Failure of a Member State to fulfil obligations — Taxation — Free movement of capital — Article 63 TFEU — Article 40 of the EEA Agreement — Inheritance tax — Legislation of a Member State providing for an exemption from inheritance tax relating to the primary residence on condition that the heir is permanently resident in that Member State — Restriction — Justification
Language of the case: Greek
Case C-262/15 GD European Land Systems - Steyr v Zollamt Eisenstadt Flughafen Wien
Reference for a preliminary ruling — Common Customs Tariff — Classification of goods — Regulation (EEC) No 2658/87 — Combined Nomenclature — Heading 8710 and Subheading 9305 91 00 — Note 3 to Section XVII and point (c) of note 1 to Chapter 93 — Tanks and other armoured fighting vehicles — Military weapons — Classification of a turret system
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-273/15 Ezernieki v Lauku atbalsta dienests
Reference for a preliminary ruling — Agriculture — European Agricultural Guidance and Guarantee Fund — Regulations (EC) Nos 1257/1999 and 817/2004 — Support for rural development — Recovery of undue payments — Increase of the area declared during the five-year commitment period above the threshold provided for — Replacement of the original commitment by a new commitment — Non-compliance by the beneficiary with the obligation to submit an annual application for payment of aid — National legislation requiring the repayment of all aid paid over several years — Principle of proportionality — Articles 17 and 52 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
Case C-286/15 Valsts ieņēmumu dienests v Latvijas propāna gāze
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Heading 2711 — Petroleum gases and other gaseous hydrocarbons — Material giving the essential character — Liquefied petroleum gas
Request for a preliminary ruling from the Augstākā tiesa Administratīvo lietu departaments
Language of the case: Latvian
Case C-300/15 Kohll and Kohll-Schlesser v Directeur de l'administration des contributions directes
Reference for a preliminary ruling — Articles 21 TFEU and 45 TFEU — Freedom of movement and of residence of persons and workers — Income tax — Retirement pension — Pensioners’ tax credit — Conditions for granting — Possession of a tax deduction form issued by national authorities
Request for a preliminary ruling from the Tribunal administratif (Luxembourg)
Language of the case: French
Case C-117/15 Reha Training Gesellschaft für Sport- und Unfallrehabilitation v GEMA
Reference for a preliminary ruling — Intellectual property — Copyright and related rights — Directive 2001/29/EC — Article 3(1) — Directive 2006/115/EC — Article 8(2) — Concept of ‘communication to the public’ — Installation of television sets by the operator of a rehabilitation centre making it possible for patients to watch television programmes
Request for a preliminary ruling from the Landgericht Köln
Language of the case: German
Information (on unpublished decisions)
Case C-602/15 P Monster Energy v EUIPO
Appeal — Article 181 of the Rules of Procedure — EU trade mark — Grounds which are manifestly inadmissible or manifestly unfounded
Case C-603/15 P Monster Energy v EUIPO
Appeal — Article 181 of the Rules of Procedure — EU trade mark — Grounds which are manifestly inadmissible or manifestly unfounded
Case C-607/15 P Pannonhalmi Főapátság v Parliament
Appeal — Article 181 of the Rules of Procedure of the Court — Actions for annulment — Petition made to the European Parliament — Ownership of a castle in Rusovce (Slovak Republic) — Questions not falling within the scope of activity of the European Union — Decision to take no further action regarding the petition — Statement of reasons
Case C-636/15 P August Storck v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Word sign ‘2good’ — Mark consisting of an advertising slogan — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute ground for refusal — No distinctive character
Case C-358/15 P Bank of Industry and Mine v Council
Appeal — Restrictive measures taken against Iran — List of persons and entities subject to the freezing of funds and economic resources — Implementing Regulation (EU) No 945/2012 — Legal basis — Criterion relating to the provision of material, logistical or financial support to the Government of Iran — Part of the profits of a State company paid to the Iranian State
Case C-500/15 P TVR Italia v EUIPO
Case C-353/15 Leonmobili and Leone v Homag Holzbearbeitungssysteme and Others
Reference for a preliminary ruling — Regulation (EC) No 1346/2000 — Article 3(1) and (2) — Insolvency proceedings — International jurisdiction — Centre of a debtor’s main interests — Transfer of a company’s registered office to another Member State — No establishment in the Member State of origin — Presumption that the centre of main interests is the place of the new registered office — Proof to the contrary
Case C-63/16 P Actega Terra v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Invalidity proceedings — Word mark FoodSafe — Absolute ground for refusal — Descriptive character — Regulation (EC) No 207/2009 — Article 7(1)(c)
Case C-130/15 Commissioners for Her Majesty's Revenue and Customs v National Exhibition Centre
Reference for a preliminary ruling — Common system of value added tax — Sixth Directive 77/388/EEC — Exemption — Article 13B(d)(3) — Transactions in respect of payments and transfers — Concept — Purchase of tickets for shows or other events — Payment by debit or credit card — ‘Card processing services’
Case C-578/15 P Dairek Attoumi v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — Community designs — Registered Community design DIESEL — Earlier international word mark DIESEL — Regulation (EC) No 6/2002 — Article 25(1)(e) — Invalidity proceedings
Case C-639/15 P Gat Microencapsulation v EUIPO
Appeal — Article 181 of the Rules of Procedure — European Union word mark KARIS — Regulation (EC) No 207/2009 — Article 8(1)(b) — Refusal in part of the application for registration — Appeal manifestly inadmissible
Case C-77/16 P Hewlett Packard Development Company v EUIPO
Appeal — Article 181 of the Rules of Procedure — EU trade mark — Word mark FORTIFY — Absolute ground for refusal — Descriptive character — Regulation (EC) No 207/2009 — Article 7(1)(c)
Case C-450/14 P Isotis v Commission
Appeal — Rules of Procedure of the Court of Justice — Article 181 — Arbitration clause — Contracts concluded under the Sixth Framework Programme for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to Innovation (2002 to 2006), the eTEN Programme relating to trans-European telecommunications networks and the Competitiveness and Innovation Framework Programme (2007 to 2013) — Audit report finding the costs incurred to be ineligible — Request for reimbursement of the subsidies paid — Fixed allowance — Actions for annulment — Counterclaim
June 2016
Case C-241/15 Bob-Dogi
Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 8(1)(c) — Obligation to include in the European arrest warrant information concerning the existence of an ‘arrest warrant’ — No national arrest warrant issued prior to and separately from the European arrest warrant — Effect
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
Case C-205/14 Commission v Portugal
Failure of a Member State to fulfil obligations — Air transport — Regulation (EEC) No 95/93 — Allocation of slots at European Union airports — Article 4(2) — Independence of the coordinator — Concept of ‘interested party’ — Airport managing body — Functional separation — System of financing
Language of the case: Portuguese
Joined Cases C-226/14 and C-228/14 Eurogate Distribution v Hauptzollamt Hamburg-Stadt and DHL Hub Leipzig v Hauptzollamt Braunschweig
References for a preliminary ruling — Value added tax — Customs warehousing — External transit procedure — Incurrence of a customs debt as a result of non-fulfilment of an obligation — Chargeability of value added tax
References for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C-233/14 Commission v Netherlands
Failure of a Member State to fulfil obligations — Articles 18 TFEU, 20 TFEU and 21 TFEU — Citizenship of the Union — Right to move and reside freely — Discrimination on grounds of nationality ‐ Financial support for travel costs awarded to national students — Directive 2004/38/EC — Article 24(2) — Derogation from the principle of equal treatment — Maintenance aid for studies consisting in student grants or student loans — Scope — Formal requirements of the application initiating proceedings — Coherent statement of the pleas in law
Language of the case: Dutch
Case C-252/14 Pensioenfonds Metaal en Techniek v Skatteverket
Reference for a preliminary ruling — Free movement of capital — Article 63 TFEU — Taxation of pension funds’ income — Difference in treatment of resident and non-resident pension funds — Resident pension funds subject to lump sum taxation on the basis of a notional yield — Withholding tax applied to dividends received by non-resident pension funds — Whether comparable
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
Case C-355/14 Polihim-SS v Mitnitsa – Svishtov
Reference for a preliminary ruling — Indirect taxation — Excise duties — Directive 2008/118/EC — Chargeability of excise duties — Article 7(2) — Concept of ‘departure of excise goods from a duty suspension arrangement’ — Taxation of energy products and electricity — Directive 2003/96/EC — Article 14(1)(a) — Use of energy products to produce electricity — Purchase and resale by an intermediate purchaser of energy products located in a tax warehouse — Direct delivery of energy products to an operator for the production of electricity — Indication of the intermediate purchaser as the ‘consignee’ of the products in the tax documents — Infringement of the requirements of national law as regards exemption from excise duty — Refusal of exemption — Proof of the use of the products in circumstances permitting exemption from excise duty — Proportionality
Request for a preliminary ruling from the Аdministrativen sad Pleven
Language of the case: Bulgarian
Case C-410/14 Falk Pharma v DAK-Gesundheit
Reference for a preliminary ruling — Public contracts — Directive 2004/18/EC — Article 1(2)(a) — Concept of ‘public contract’ — Scheme for acquiring goods consisting of the authorisation as a supplier of any economic operator who meets the predetermined criteria — Supply of medicinal products that are refundable under a general social security scheme — Contracts concluded between a statutory health insurance fund and all the suppliers of medicinal products based on a given active ingredient who consent to a rebate on the sale price at a predetermined rate — Legislation providing, in principle, for the substitution of a refundable medicinal product marketed by an operator not having concluded such a contract by a medicinal product of the same type marketed by an operator having concluded such a contract
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-418/14 ROZ-ŚWIT v Dyrektor Izby Celnej we Wrocławiu
Reference for a preliminary ruling — Excise duties — Directive 2003/96/EC — Differentiated rates of excise duty for motor fuels and heating fuels — Condition for the application of the rate for heating fuels — Submission of a monthly list of statements that the products purchased are for heating purposes — Application of the rate of excise duty laid down for motor fuels where that list is not submitted — Principle of proportionality
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu
Language of the case: Polish
Case C-438/14 Bogendorff von Wolffersdorff v Standesamt der Stadt Karlsruhe and Zentraler Juristischer Dienst der Stadt Karlsruhe
Reference for a preliminary ruling — Citizenship of the Union — Article 21 TFEU — Freedom to move and reside in the Member States — Law of a Member State abolishing privileges and prohibiting the conferring of new noble titles — Surname of an adult, national of that State, obtained during a habitual residence in another Member State of which that person also holds the nationality — Name comprising tokens of nobility — Residence in the first Member State — Refusal by the authorities of the first Member State to enter the name acquired in the second Member State in the register of civil status — Justification — Public policy — Incompatibility with the essential principles of German law
Request for a preliminary ruling from the Amtsgericht Karlsruhe
Language of the case: German
Case C-27/15 Pizzo v CRGT
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Participation in a call for tenders — Possibility of relying on the capacities of other undertakings in order to satisfy the necessary criteria — Failure to pay a fee not expressly provided for — Exclusion from the contract without the possibility of rectifying that omission
Request for a preliminary ruling from the Consiglio di Giustizia amministrativa per la Regione siciliana
Language of the case: Italian
Case C-81/15 Kapnoviomichania Karelia v Ypourgos Oikonomikon
Reference for a preliminary ruling — Taxation — General arrangements governing excise duty — Directive 92/12/EEC — Manufactured tobacco moving under an excise duty suspension arrangement — Liability of the authorised warehousekeeper — Whether Member States may make the authorised warehousekeeper jointly and severally liable for the payment of sums corresponding to the financial penalties imposed on those engaged in smuggling — Principles of proportionality and legal certainty
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
Case C-122/15 Proceedings brought by C
Reference for a preliminary ruling — Social policy — Principles of equal treatment and non-discrimination on grounds of age — Directive 2000/78/EC — Equal treatment in employment and occupation — Articles 2, 3 and 6 — Difference in treatment on grounds of age — National legislation providing, in certain situations, for higher taxation of pension income than earned income — Scope of application of Directive 2000/78 — Competence of the European Union in the field of direct taxation
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-263/15 Lajvér v NAV
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Article 9(1) — Definition of ‘taxable person for the purposes of value added tax’ and ‘economic activity’ — Article 24(1) — Definition of ‘supply of services’ — Agricultural engineering works — Construction and operation of a water disposal system by a non-profit company — Effect of the works being funded by means of State and EU aid
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-50/16 Grodecka v Konieczka and Others
Reference for a preliminary ruling — Freedom of establishment — Fundamental rights — Respect for the right to property — Special succession scheme concerning agricultural holdings — Charter of Fundamental Rights of the European Union — Scope — Implementation of EU law — Lack — Facts in the main proceedings predating the accession of the Member State concerned to the European Union — Clear lack of jurisdiction of the Court
Request for a preliminary ruling from the Sąd Rejonowy w Koninie
Language of the case: Polish
Case C-47/15 Affum v Préfet du Pas-de-Calais and Procureur général
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures for returning illegally staying third-country nationals — Police custody — National legislation providing for a sentence of imprisonment in the event of illegal entry — Situation of ‘transit’ — Multilateral readmission arrangement
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-63/15 Ghezelbash v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national — Article 12 — Issue of residence documents or visas — Article 27 — Remedies — Extent of judicial scrutiny
Request for a preliminary ruling from the Rechtbank Den Haag
Language of the case: Dutch
Case C-155/15 Karim v Migrationsverket
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determining the Member State responsible for examining applications for asylum lodged in one of the Member States by a third-country national — Article 18 — Taking back an asylum seeker whose application is under examination — Article 19 — Cessation of responsibilities — Absence from the territory of the Member States for a period of at least three months — New procedure for determining the Member State responsible — Article 27 — Remedy — Extent of judicial review
Request for a preliminary ruling from the Kammarrätten i Stockholm - Migrationsöverdomstolen
Language of the case: Swedish
Case C-479/14 Hünnebeck v Finanzamt Krefeld
Reference for a preliminary ruling — Free movement of capital — Articles 63 TFEU and 65 TFEU — Gift tax — Gift of immovable property situated within national territory — National law providing for a higher tax-free allowance for residents than for non-residents — Existence of an optional regime allowing any person resident in an EU Member State to benefit from the higher tax-free allowance
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C-608/13 P CEPSA v Commission
Appeal — Agreements, decisions and concerted practices — Article 81 EC — Spanish market for penetration bitumen — Market sharing and price coordination — Excessive duration of the proceedings before the General Court of the European Union — Excessive duration of the procedure before the European Commission — Appeal on the costs
Language of the case: Spanish
Case C-616/13 P PROAS v Commission
Appeal — Agreements, decisions and concerted practices — Article 81 EC — Spanish market for penetration bitumen — Market sharing and price coordination — Excessive duration of the proceedings before the General Court of the European Union — Excessive duration of the procedure before the European Commission — Appeal on the costs
Language of the case: Spanish
Case C-617/13 P Repsol Lubricantes y Especialidades and Others v Commission
Appeal — Article 81 EC — Agreements, decisions and concerted practices — Spanish market for penetration bitumen — Market sharing and price coordination — Notice on immunity from fines and reduction of fines in cartel cases (2002) — Final paragraph of point 23(b) — Partial immunity from fines — Evidence of facts previously unknown to the Commission
Language of the case: Spanish
Case C-287/14 Eurospeed v Szegedi Törvényszék
Reference for a preliminary ruling — Road transport — Regulation (EC) No 561/2006 — Driver’s liability for infringements of the obligation to use a tachograph
Request for a preliminary ruling from the Gyulai Törvényszék
Language of the case: Hungarian
Case C-332/14 Wolfgang und Dr. Wilfried Rey Grundstücksgemeinschaft GbR v Finanzamt Krefeld
Reference for a preliminary ruling — Taxation — Value added tax — Directive 77/388/EEC — Third subparagraph of Article 17(5) — Field of application — Deduction of input tax — Goods and services used for both taxable and exempt transactions (mixed-use goods and services) — Determination of the assignation of goods and services purchased for the construction, use, conservation and maintenance of a building that serves to carry out, in part, transactions in respect of which VAT is deductible and, in part, transactions in respect of which VAT is not deductible — Amendment of the national legislation laying down the method of calculating the deductible proportion — Article 20 — Adjustment of deductions — Legal certainty — Legitimate expectations
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-470/14 EGEDA and Others v Administración del Estado and Ametic
Reference for a preliminary ruling — Intellectual and industrial property — Copyright and related rights — Directive 2001/29/EC — Article 5(2)(b) — Reproduction right — Exceptions and limitations — Private copying — Fair compensation — Financing from the General State Budget — Whether permissible — Conditions
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-481/14 Hansson v Jungpflanzen Grünewald
Reference for a preliminary ruling — Intellectual and industrial property — Community plant variety rights — Regulation (EC) No 2100/94 — Infringement — Reasonable compensation — Compensation for damage — Costs of proceedings and out-of-court expenses
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-586/14 Budișan v Administrația Județeană a Finanțelor Publice Cluj
Reference for a preliminary ruling — Internal taxation — Article 110 TFEU — Tax levied by a Member State on motor vehicles at the time of their first registration or of the first transfer of the right of ownership — Fiscal neutrality as between second-hand motor vehicles imported from other Member States and similar motor vehicles available on the domestic market
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
Case C-25/15 Proceedings brought by Balogh
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Right to interpretation and translation — Directive 2010/64/EU — Scope — Definition of criminal proceedings — Procedure laid down by a Member State for the recognition of a decision in criminal proceedings handed down by a court in another Member State and for the entry in the criminal record of the conviction handed down by that court — Costs in connection with the translation of that decision — Framework Decision 2009/315/JHA — Decision 2009/316/JHA
Request for a preliminary ruling from the Budapest Környéki Törvényszék
Language of the case: Hungarian
Case C-69/15 Nutrivet v Országos Környezetvédelmi és Természetvédelmi Főfelügyelőség
References for a preliminary ruling — Environment — Waste — Transfers — Regulation (EC) No 1013/2006 — Article 2(35)(g)(iii) — Illegal shipment — Incorrect or inconsistent information entered in the document listed in Annex VII to that regulation — Article 50(1) — Penalties applicable in the event of infringement of the provisions of that regulation — Proportionality
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-158/15 Elektriciteits Produktiemaatschappij Zuid-Nederland EPZ v Bestuur van de Nederlandse Emissieautoriteit
Reference for a preliminary ruling — Atmospheric pollution — Scheme for greenhouse gas emission allowance trading — Directive 2003/87/EC — Concept of ‘installation’ — Inclusion of the fuel storage site — Regulation (EU) No 601/2012 — Concept of ‘fuel exported from the installation’
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-288/15 MIS v Hauptzollamt München
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Common Customs Tariff — Tariff classification — Subheading 6211 33 10 00 0 — Aprons — Anti-radiation protective coats
Request for a preliminary ruling from the Finanzgericht München
Language of the case: German
Joined Cases C-333/15 and C-334/15 Planes Bresco v Comunidad Autónoma de Aragón
References for a preliminary ruling — Common agricultural policy — Integrated administration and control system for certain aid schemes — Regulation (EC) No 1782/2003 — Single payment scheme — Articles 43 and 44 — Payment entitlements based on areas — Hectares eligible for area aid — Permanent pasture — National legislation making the eligibility of permanent pasture areas which exceed the forage areas initially taken into account for the purposes of determining the payment entitlements subject to conditions that they be used for the purposes of rearing livestock on the farm
References for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Joined Cases C-78/16 and C-79/16 Pesce and Others v Presidenza del Consiglio dei Ministri - Dipartimento della Protezione Civile and Others
References for a preliminary ruling — Protection of plant health — Directive 2000/29/EC — Protection against the introduction into and spread within the European Union of organisms harmful to plants or plant products — Implementing Decision (EU) 2015/789 — Measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells and Raju) — Article 6(2)(a) — Obligation to remove host plants immediately, regardless of their health status, within a radius of 100 meters around the infected plants — Validity — Article 16(3) of Directive 2000/29 — Principle of proportionality — Precautionary principle — Obligation to state reasons — Right to compensation
References for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-263/14 Parliament v Council
Action for annulment — Common foreign and security policy (CFSP) –Decision 2014/198/CFSP — Agreement between the European Union and the United Republic of Tanzania on the conditions of transfer of suspected pirates and associated seized property from the European Union-led naval force to the United Republic of Tanzania — Choice of legal basis — Obligation to inform the European Parliament immediately and fully at all stages of the procedure of negotiation and conclusion of international agreements — Maintenance of the effects of the decision in the event of annulment
Language of the case: English
Case C-308/14 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Coordination of social security systems — Regulation (EC) No 883/2004 — Article 4 — Equal treatment as regards access to social security benefits — Right of residence — Directive 2004/38/EC — National legislation under which child benefit and child tax credit are not granted to nationals of other Member States who do not have a right of lawful residence
Language of the case: English
Case C-361/14 P Commission v McBride and Others
Appeal — Resource conservation measures and restructuring of the fisheries sector — Requests for increased safety tonnage — Annulment by the European Union judicature of the decision initially rejecting those requests — Article 266 TFEU — Repeal of the legal basis on which that initial decision was founded — Competence and legal basis to adopt new decisions — Annulment by the General Court of new decisions rejecting the requests — Principle of legal certainty
Language of the case: English
Case C-566/14 P Marchiani v Parliament
Appeal — Member of the European Parliament — Parliamentary assistance allowance — Recovery of undue payments — Recovery — Implementing measures of the Statute for Members of the Parliament — Observance of the rights of the defence — Principle of impartiality — Limitation — Regulation (EU, Euratom) No 966/2012 — Articles 78 to 81 — Delegated Regulation (EU) No 1268/2012 — Articles 81, 82 and 93 — Principle of protection of legitimate expectations — Reasonable time
Language of the case: French
Case C-154/14 P SKW Stahl-Metallurgie and SKW Stahl-Metallurgie Holding v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 81 EC — Markets for calcium carbide powder, calcium carbide granulates and magnesium granulates in a substantial part of the European Economic Area — Price fixing, market sharing and exchange of information — Regulation (EC) No 773/2004 — Articles 12 and 14 — Right to be heard — In camera hearing
Language of the case: German
Case C-155/14 P Evonik Degussa and AlzChem v Commission
Appeal — Competition — Article 81 EC — Agreements, decisions and concerted practices — Markets for calcium carbide powder, calcium carbide granulates and magnesium granulates in a substantial part of the European Economic Area — Price fixing, market sharing and exchange of information — Liability of a parent company for infringements of the competition rules committed by its subsidiaries — Decisive influence exercised by the parent company over its subsidiary — Rebuttable presumption in the case of a 100% shareholding — Condition for the rebuttal of that presumption — Disregard of an express instruction
Language of the case: German
Case C-351/14 Rodríguez Sánchez v Consum Sociedad Cooperativa Valenciana
Reference for a preliminary ruling — Social policy — Directive 2010/18/EU — Revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC — Reconciliation of professional and family life — Return from maternity leave of a worker member — Request for a reduction of working hours and for a change in work pattern — Situation which does not fall within the scope of Clause 6(1) of the revised Framework Agreement — Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Juzgado de lo Social n° 33 de Barcelona
Language of the case: Spanish
Case C-511/14 Pebros Servizi v Aston Martin Lagonda
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 805/2004 — European Enforcement Order for uncontested claims — Article 3(1)(b) — Conditions for certification — Judgment in default — Concept of ‘uncontested claim’ — Procedural conduct of a party capable of constituting an ‘absence of contestation of the claim’
Request for a preliminary ruling from the Tribunale civile di Bologna
Language of the case: Italian
Case C-12/15 Universal Music International Holding v Schilling and Others
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Special jurisdiction — Article 5(3) — Tort, delict or quasi-delict — Harmful event — Lawyer’s negligence in drafting the contract — Place where the harmful event occurred
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-96/15 Saint Louis Sucre v Directeur général des douanes et droits indirects
Reference for a preliminary ruling — Agriculture — Sugar — Production levies — Right to reimbursement — Sugar held in stock and not exported — Undue enrichment — Freedom to conduct a business — Method of calculation
Request for a preliminary ruling from the Tribunal de grande instance de Nanterre
Language of the case: French
Case C-159/15 Lesar v Personalamt
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(1) and Article 2(2)(a) — Article 6(2) — Age discrimination — Determination of pension rights of former civil servants — Periods of apprenticeship and of work — Failure to take into account such periods completed before the age of 18
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-186/15 Kreissparkasse Wiedenbrück v Finanzamt Wiedenbrück
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Deduction of input tax — Article 173(1) — Goods or services used to carry out both taxable transactions and exempt transactions (‘mixed use goods and services’) — Determining the amount of the value added tax deduction — Deductible proportion — Article 174 — Deductible proportion calculated by applying an allocation key according to turnover — Article 173(2) — Derogation — Article 175 — Rounding-up rule for the deductible proportion — Articles 184 and 185 — Adjustment of deductions
Request for a preliminary ruling from the Finanzgericht Münster
Language of the case: German
Case C-229/15 Minister Finansów v Mateusiak
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Articles 18(c), 184 and 187 — Taxable transactions — Cessation of the taxable economic activity — Retention of goods on which VAT became deductible — Adjustment of deductions — Adjustment period — Taxation pursuant to Article 18(c) of Directive 2006/112 on expiry of the adjustment period
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-291/15 EURO 2004. Hungary v Nemzeti Adó- és Vámhivatal Nyugat-dunántúli Regionális Vám- és Pénzügyőri
Reference for a preliminary ruling — Customs union — Common Customs Tariff — Value for customs purposes — Determination of the Customs value — Transaction value — Price actually paid — Doubts based on the veracity of the declared price — Declared price lower than the price paid in respect of other transactions relating to similar goods
Request for a preliminary ruling from the Zalaegerszegi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-15/15 New Valmar v Global Pharmacies Partner Health
Reference for a preliminary ruling — Free movement of goods — Prohibition of measures having equivalent effect to quantitative restrictions on exports — Article 35 TFEU — Company established in the Dutch-speaking region of the Kingdom of Belgium — Legislation requiring invoices to be drawn up in Dutch, failing which they are null and void — Cross-border concession agreement — Restriction — Justification — Disproportionate
Request for a preliminary ruling from the Rechtbank van Koophandel te Gent
Language of the case: Dutch
Case C-121/16 Salumificio Murru v Autotrasporti di Marongiu Remigio
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Article 101 TFEU — Road transport — Price of road haulage services for hire or reward which may not be lower than the minimum operating costs — Competition — Fixing of costs by the Ministry of Infrastructure and Transport
Request for a preliminary ruling from the Tribunale civile e penale di Cagliari
Language of the case: Italian
Case C-540/14 P DK Recycling und Roheisen v Commission
Appeal — Environment — Directive 2003/87/EC — Article 10a — Scheme for greenhouse gas emission allowance trading — Transitional rules for harmonised free allocation of emission allowances from 2013 — Decision 2011/278/EU — National implementation measures submitted by the Federal Republic of Germany — Rejection of the inscription of certain installations on the lists of installations receiving free allocations of emission allowances — Provision relating to cases of ‘undue hardship’ — Implementing powers of the Commission
Language of the case: German
Case C-557/14 Commission v Portugal
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Financial penalties — Lump sum payment and penalty payment
Language of the case: Portuguese
Case C-11/15 Odvolací finanční ředitelství v Český rozhlas
Reference for a preliminary ruling — Sixth Directive 77/388/EEC — Value added tax — Article 2(1) — Supply of services effected for consideration — Definition — Public broadcasting — Financing from a compulsory statutory fee
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-207/15 P Nissan Jidosha v EUIPO
Appeal — EU trade mark — Figurative mark including the element ‘CVTC’ — Requests for renewal made in respect of some of the goods or services for which the mark is registered — Further period — Regulation (EC) No 207/2009 — Article 47 — Principle of legal certainty
Language of the case: English
Case C-255/15 Mennens v Emirates Direktion für Deutschland
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 2(f) and Article 10(2) — Partial reimbursement of the ticket price where a passenger is downgraded on a flight — Concepts of ‘ticket’ and ‘price of the ticket’ — Calculation of the reimbursement owed to the passenger
Request for a preliminary ruling from the Amtsgericht Düsseldorf
Language of the case: German
Case C-267/15 Gemeente Woerden v Staatssecretaris van Financiën
Reference for a preliminary ruling — Value added tax — Input tax — Deduction
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-280/15 Nikolajeva v Multi Protect
Reference for a preliminary ruling — EU trade mark — Regulation (EC) No 207/2009 — Article 9(3) and Article 102(1) — Obligation on an EU trade mark court to issue an order prohibiting a third party from proceeding with acts of infringement — No application seeking such an order — Concept of ‘special reasons’ for not ordering such a prohibition — Concept of ‘reasonable compensation’ in respect of acts occurring after publication of an application for registration of an EU trade mark and before publication of the registration of the trade mark
Request for a preliminary ruling from the Harju Maakohus
Language of the case: Estonian
Case C-419/15 Thomas Philipps v Grüne Welle Vertriebs
Reference for a preliminary ruling — Intellectual property — Community designs — Regulation (EC) No 6/2002 — Articles 32 and 33 — Licence — Register of Community designs — Right of the licensee to bring proceedings for infringement notwithstanding the fact that the licence has not been entered in the register — Right of the licensee to bring proceedings for infringement in order to obtain damages for its own loss
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-173/16 M.H. v M.H.
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — No reasonable doubt — Jurisdiction in matrimonial matters — Regulation (EC) No 2201/2003 — Article 16(1)(a) — Determination of the time when a court is seised — Concept of ‘the time when the document instituting the proceedings or an equivalent document is lodged with the court’
Request for a preliminary ruling from the Court of Appeal (Ireland)
Language of the case: English
Case C-486/14 Criminal proceedings against Kossowski
Reference for a preliminary ruling — Convention Implementing the Schengen Agreement — Articles 54 and 55(1)(a) — Charter of Fundamental Rights of the European Union — Article 50 — Ne bis in idem principle — Whether an accused may be prosecuted in a Member State after criminal proceedings brought against him in another Member State have been terminated by the public prosecutor’s office without a detailed investigation — No examination of the merits of the case
Request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg
Language of the case: German
Case C-648/13 Commission v Poland
Failure of a Member State to fulfil obligations — Environment — European Union water policy — Directive 2000/60/EC — Monitoring of the ecological status and the chemical status of surface waters — River basin management plans
Language of the case: Polish
Case C-200/14 Câmpean v Serviciul Fiscal Municipal Mediaș and Administrația Fondului pentru Mediu
Reference for a preliminary ruling — Principle of sincere cooperation — Principles of equivalence and effectiveness — National legislation laying down the detailed rules for the repayment of taxes improperly levied with interest — Enforcement of judicial decisions relating to such rights to repayment stemming from the legal order of the Union — Refund payable over a period of five years — Repayment contingent on the existence of funds received from a tax — No possibility of enforcement
Request for a preliminary ruling from the Tribunalul Sibiu
Language of the case: Romanian
Case C-115/15 Secretary of State for the Home Department v NA
Reference for a preliminary ruling — Articles 20 and 21 TFEU — Directive 2004/38/EC — Article 13(2)(c) — Regulation (EEC) No 1612/68 — Article 12 — Right of residence of family members of a Union citizen — Marriage of a Union citizen and a third country national — Domestic violence — Divorce after the departure of the Union citizen — Retention of right of residence of a third country national with custody of children who are Union citizens
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
Case C-123/15 Feilen v Finanzamt Fulda
Reference for a preliminary ruling — Taxation — Free movement of capital — Inheritance tax — Legislation of a Member State providing for a reduction in inheritance tax applicable to estates containing assets which have already formed part of an inheritance giving rise to the imposition of inheritance tax in that Member State — Restriction — Justification — Coherence of the tax system
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-134/15 Lidl v Freistaat Sachsen
Reference for a preliminary ruling — Regulation (EC) No 543/2008 — Agriculture — Common organisation of the markets — Marketing standards — Fresh pre-packaged poultrymeat — Obligation to indicate the total price and the price per weight unit on the pre-packaging or on a label attached thereto — Charter of Fundamental Rights of the European Union — Article 16 — Freedom to conduct a business — Proportionality — Second subparagraph of Article 40(2) TFEU — Non-discrimination
Request for a preliminary ruling from the Sächsisches Oberverwaltungsgericht
Language of the case: German
Case C-176/15 Riskin and Timmermans v État belge
Reference for a preliminary ruling — Free movement of capital — Articles 63 and 65 TFEU — Article 4 TEU — Direct taxation — Taxation of dividends — Bilateral convention for the avoidance of double taxation — Third State — Scope
Request for a preliminary ruling from the Tribunal de première instance de Liège
Language of the case: French
Case C-178/15 Sobczyszyn v Szkoła Podstawowa w Rzeplinie
Reference for a preliminary ruling — Organisation of working time — Directive 2003/88/EC — Right to paid annual leave — Teachers — Convalescence leave — Annual leave coinciding with convalescence leave — Right to take the annual leave in another period
Request for a preliminary ruling from the Sąd Rejonowy dla Wrocławia-Śródmieścia we Wrocławiu X Wydział Pracy i Ubezpieczeń Społecznych
Language of the case: Polish
Case C-205/15 DGRFP Brașov v Toma and Biroul Executorului Judecătoresc Horațiu-Vasile Cruduleci
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Article 47 — Right of access to a court — Principle of equality of arms — Principles of equivalence and effectiveness — Proceedings for the enforcement of a judicial decision ordering the repayment of a tax levied in breach of EU law — Exemption of public authorities from certain legal costs — Jurisdiction of the Court
Request for a preliminary ruling from the Judecătoria Sibiu
Language of the case: Romanian
Case C-270/15 P Belgium v Commission
Appeal — Aid granted by the Belgian authorities to finance screening tests of transmissible spongiform encephalopathies in bovine animals — Selective advantage — Decision declaring that aid incompatible in part with the internal market
Language of the case: Dutch
Case C-416/15 Selena România v DGRFP București
Reference for a preliminary ruling — Commercial policy — Regulation (EC) No 1225/2009 — Article 13 — Circumvention — Council Implementing Regulation (EU) No 791/2011 — Open mesh fabrics of glass fibres originating in the People’s Republic of China — Anti-dumping duties — Council Implementing Regulation (EU) No 437/2012 — Consignment from Taiwan — Initiation of an investigation — Implementing Regulation (EU) No 21/2013 — Extension of the anti-dumping duty — Temporal scope — Principle of non-retroactivity — Community Customs Code — Post-clearance recovery of import duties
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-464/15 Admiral Casinos & Entertainment v Balmatic and Others
Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Games of chance — Legislation of a Member State prohibiting, on pain of criminal penalties, the operation of low-prize gaming machines (‘kleines Glücksspiel’) where no licence has been granted by the competent authority — Restriction — Justification — Proportionality — Assessment of proportionality on the basis of both the objective of the legislation at the time of its adoption and its effects when implemented — Effects empirically and definitely determined
Request for a preliminary ruling from the Landesgericht Wiener Neustadt
Language of the case: German
Case C-634/15 Sokoll-Seebacher and Naderhirn v Hemetsberger and Others
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Freedom of establishment — Public health — Article 49 TFEU — Pharmacies — Adequate provision of medicinal products to the public — Operating licence — Territorial distribution of pharmacies — Establishment of limits based essentially on a demographic criterion
Request for a preliminary ruling from the Landesverwaltungsgericht Oberösterreich
Language of the case: German
Information (on unpublished decisions)
Case C-31/15 P Photo USA Electronic Graphic v Council
Appeal — Dumping — Implementing Regulation (EU) No 412/2013 — Imports of ceramic tableware and kitchenware originating in China — Definitive anti-dumping duty
Case C-41/16 P Liu v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — Regulation (EC) No 6/2002 — Community designs — Article 7(2) — Registered Community design representing a case for a portable computer — Disclosure of earlier designs prior to the priority date — Application for a declaration of invalidity
Case C-345/15 P CHEMK and KF v Council
Appeal — Article 181 of the Rules of Procedure — Dumping — Implementing Regulation (EU) No 60/2012 — Import of ferro-silicon originating, inter alia, in Russia — Regulation (EC) No 1225/2009 — Article 11(3) and (9) — Partial interim review
Case C-43/16 P Copernicus-Trademarks v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Word mark LUCEA LED — Opposition by the proprietor of the word mark LUCEO — Rejection of the opposition — Statute of the Court of Justice of the European Union — Article 56 — Rules of Procedure — Article 186 — Application for legal aid — Suspensive effect on the time limit for bringing an appeal — Appeal manifestly inadmissible
Case C-134/16 P(R) Chemtura Netherlands v EFSA
Appeal — Order for interim measures — Procedure for placing plant protection products on the market — Publication of documents relating to that procedure — Application for confidential treatment of certain information contained in those documents — Rejection — Application for suspension of the decision rejecting the application for confidential treatment and for the grant of other interim measures — Urgency
Case C-94/16 P LTJ Diffusion v EUIPO
Appeal — EU trade mark — Word mark ARTHUR & ASTON — Opposition from the proprietor of the national semi-figurative mark containing the word element ‘Arthur’ — Opposition dismissed
Case C-200/15 Commission v Portugal
Failure of a Member State to fulfil obligations — Article 110 TFEU — Internal taxation — Discriminatory taxation — Second-hand motor vehicles imported from other Member States — Determination of their taxable value — Depreciation rate
Case C-611/15 P L'Oréal v EUIPO
Appeal — EU trade mark AINHOA — Revocation proceedings — Genuine use of a mark — Regulation (EC) No 207/2009 — Article 15(1), second para., (a) — Article 51(1)(a) — Proof of use — Regulation (EC) No 2868/95 — Rules 22 and 40(5) — Article 181 of the Rules of Procedure of the Court of Justice — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-170/16 P(R) ICA Laboratories and Others v Commission
Appeal — Order concerning interim measures — Environment — Consumer protection — Regulation setting maximum residue levels for guazatine — Application for suspension of operation of the regulation — Dismissal — No urgency
Case C-122/14 Aktiv Kapital Portfolio v Egea Torregrosa
Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms in consumer contracts — Order for payment procedure — Enforcement proceedings –– Powers of the national court responsible for enforcement to raise of its own motion the fact that the unfair term is invalid –– Principle of effectiveness –– Principle of res judicata)
Case C-393/15 Dyrektor Izby Skarbowej w Krakowie v ESET
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Taxation — Common system of value added tax — Directive 2006/112/EC — Article 168 — Article 169(a) — Company established in a Member State in which it carries out taxable transactions — Branch registered in another Member State for the payment of value added tax — Occasional taxable transactions made in that State — Main activity consisting in the performance of internal transactions for the benefit of that company — Input tax paid by that branch — Deducted in the Member State of registration
Case C-619/15 P Mocek, Wenta KAJMAN Firma Handlowo-Usługowo-Produkcyjna v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU Trade Mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Figurative mark in green, white and grey representing the design of a crocodile containing the word element ‘KAJMAN’ — Opposition by the proprietor of the EU figurative mark in black and white representing the design of a crocodile — Partial refusal to register by a Board of Appeal of the European Union Intellectual Property Office (EUIPO)
Case C-157/16 P(I) Bundesverband der Pharmazeutischen Industrie v Commission
Appeal — Intervention — Interest in the result of the case
Case C-295/15 P Matratzen Concord v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — EU word mark ARKTIS — Application for revocation — Genuine use of the mark — Regulation (EC) No 207/2009 — Article 51(1)(a) — Form of use of the mark — Proof of use of the mark — Consent of the proprietor — Partial rejection of the application for revocation
Case C-450/15 Autorità Garante della Concorrenza e del Mercato v Italsempione - Spedizioni Internazionali
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Regulation (EC) No 1/2003 — Article 23(2)(a) — Interpretation in the light of the principle of proportionality — Determination of the amount of the fine — Criteria — Guidelines for the calculation of fines — National practice — Adjustment of the basic amount of the fine — Account to be taken of aggravating or extenuating circumstances — Application of the maximum limit of 10% of total turnover — Absence of jurisdiction of the Court — Manifest lack of jurisdiction
Case C-288/14 Ciup v AJFP Timiș - DGRFP Timișoara
Reference for a preliminary ruling — Principle of sincere cooperation — Principles of equivalence and effectiveness — National legislation laying down the detailed rules for the repayment, with interest, of taxes improperly levied — Enforcement of judicial decisions relating to such rights to repayment stemming from the legal order of the European Union — Repayment by instalments spread over five years — Repayment contingent on the existence of funds received from a tax — No possibility of enforcement
Case C-502/14 Buzzi Unicem and Others v Comitato nazionale per la gestione della Direttiva 2003/87/CE and Others
Preliminary ruling — Article 99 of Rules of Procedure of the Court — Scheme for greenhouse gas emission allowance trading within the Union — Directive 2003/87/EC — Article 10a(5) — Method of allocating allowances — Allocation of allowances free of charge — Method for calculating the uniform cross-sectoral correction factor — Decision 2011/278/EU — Article 15(3) — Decision 2013/448/EU — Article 4 — Annexe II — Validity
Case C-293/15 P Slovenská pošta v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Public undertakings — Amendment of Slovakian legislation on postal services — Exclusive rights granted to incumbent operator Slovenská pošta a.s. to provide ‘hybrid’ mail services — Decision declaring those provisions incompatible with Articles 86 EC and 82 EC
Case C-669/15 ERDF v Axa Corporate Solutions and Ombrière Le Bosc
Reference for a preliminary ruling — No legal framework — Manifest inadmissibility — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice
Case C-55/16 Evo Bus v AJFP Argeș
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Common system of value added tax — Right to reimbursement — Eighth Directive 79/1072/EEC — Conditions for obtaining reimbursement — Imposition of conditions other than those laid down in Articles 3 and 4 — Obligation to provide proof of payment of the tax — Whether permissible)
July 2016
Case C-614/14 Criminal proceedings against Ognyanov
Reference for a preliminary ruling — Article 267 TFEU — Article 94 of the Rules of Procedure of the Court — Content of a request for a preliminary ruling — National rule providing that the national court is to be disqualified because it stated a provisional opinion in the request for a preliminary ruling when setting out the factual and legal context — Charter of Fundamental Rights of the European Union — Second paragraph of Article 47 and Article 48(1)
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
Case C-476/14 Citroën Commerce v ZLW
Reference for a preliminary ruling — Directives 98/6/EC and 2005/29/EC — Consumer protection — Advertisement containing an indication of price — Concepts of ‘offer’ and ‘price inclusive of taxes’ — Obligation to include in the price of a motor vehicle the additional costs necessarily incurred in connection with the transfer of the vehicle
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-567/14 Genentech v Hoechst and Sanofi-Aventis Deutschland
Reference for a preliminary ruling — Competition — Article 101 TFEU — Non-exclusive licence agreement — Patent — No infringement — Obligation to pay royalties
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
Case C-46/15 Ambisig v AICP
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Article 48(2)(a)(ii), second indent — Technical abilities of economic operators — Direct effect — Means of evidence — Hierarchical relationship between the private purchaser’s certification and the tenderer’s unilateral declaration — Principle of proportionality — Prohibition on introducing substantive changes to the means of evidence provided for
Request for a preliminary ruling from the Tribunal Central Administrativo Sul
Language of the case: Portuguese
Case C-70/15 Lebek v Domino
Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 34(2) — Defendant not entering an appearance — Recognition and enforcement of judgments — Grounds for refusing enforcement — Document instituting proceedings not served on the defendant in sufficient time — Concept of ‘proceedings to challenge a judgment’ — Application for relief — Regulation (EC) No 1393/2007 — Article 19(4) — Service of judicial and extrajudicial documents — Period within which an application for relief may be submitted
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-111/15 Občina Gorje v Republika Slovenija
Reference for a preliminary ruling — Common agricultural policy — Regulation (EC) No 1698/2005 — Regulation (EU) No 65/2011 — Financing by the EAFRD — Support for rural development — Rules on eligibility of operations and expenditure — Temporal condition — Complete exclusion — Reduction of the aid
Request for a preliminary ruling from the Upravno sodišče Republike Slovenije
Language of the case: Slovene
Case C-129/15 M. v ADFI
Reference for a preliminary ruling — Public supply contracts — Directive 2004/18/EC — Article 1(9) — Concept of ‘body governed by public law’ — Hospital set up to make a profit, whose capital is entirely private — Over 50% or 30% of income coming from payments by the public sickness insurance scheme in exchange for the provision of medical services — Article 7(b) — Estimated value of the contract — Threshold not met — Certain cross-border interest — Lack of information — Article 53(2) of the Court’s Rules of Procedure — Manifest inadmissibility
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C-222/15 Hőszig v Alstom Power Thermal Services
Reference for a preliminary ruling — Jurisdiction clause — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 23 — Clause inserted in the general conditions — Consent of the parties to those conditions — Validity and precision of such a clause
Request for a preliminary ruling from the Pécsi Törvényszék
Language of the case: Hungarian
Case C-447/15 Muladi v Krajský úřad Moravskoslezského kraj
Reference for a preliminary ruling — Transport — Directive 2003/59/EC — Obligation to obtain an initial qualification — Article 4 — Acquired rights — Holders of driving licences issued before the dates laid down in Article 4 — Exemption from the obligation to obtain an initial qualification — National legislation setting an additional requirement for periodic training of 35 hours duration in order to benefit from that exemption
Request for a preliminary ruling from the Krajský soud v Ostravě
Language of the case: Czech
Case C-494/15 Tommy Hilfiger Licensing and Others v DELTA CENTER
Reference for a preliminary ruling — Approximation of laws — Directive 2004/48/EC — Enforcement of intellectual property rights — Notion of ‘intermediary whose services are being used by a third party to infringe an intellectual property right’ — Tenant of market halls subletting sales points — Possibility of an injunction against that tenant — Article 11
Request for a preliminary ruling from the Nejvyšší soud České republiky
Language of the case: Czech
Case C-523/15 P Westfälische Drahtindustrie and Pampus Industriebeteiligungen v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Fines — Appraisal of the ability to pay — The 2006 Guidelines on the method of setting fines — Unlimited jurisdiction — Taking into account facts subsequent to the contested decision — Principles of proportionality and equal treatment — Right to effective judicial protection
Language of the case: German
Case C-18/15 Brisal and KBC Finance Ireland v Fazenda Pública
Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Restrictions — Tax legislation — Taxation of interest received — Difference in treatment between resident financial institutions and non-resident financial institutions
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-187/15 Pöpperl v Land Nordrhein-Westfalen
Reference for a preliminary ruling — Article 45 TFEU — Freedom of movement for workers — Civil servant of a Member State who has left the public service in order to be employed in another Member State — National legislation providing in that case for loss of the retirement pension rights acquired in the civil service and for retrospective insurance under the general old-age insurance scheme
Request for a preliminary ruling from the Verwaltungsgericht Düsseldorf
Language of the case: German
Case C-406/14 Wrocław - Miasto na prawach powiatu v Minister Infrastruktury i Rozwoju
Reference for a preliminary ruling — Directive 2004/18/EC — Public works contracts — Regularity of the obligation imposed on tenderers to perform a certain percentage of the contract without using subcontractors — Regulation (EC) No 1083/2006 — General provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund — Obligation for the Member States to carry out a financial correction in relation to the irregularities identified — Concept of ‘irregularity’ — Need for a financial correction in the event of infringement of EU law on public procurement
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Warszawie
Language of the case: Polish
Joined Cases C-458/14 and C-67/15 Promoimpresa and Others v Consorzio dei comuni della Sponda Bresciana del Lago di Garda e del Lago di Idro and Others
References for a preliminary ruling — Public contracts and freedom of establishment — Article 49 TFEU — Directive 2006/123/EC — Article 12 — Concessions of State-owned maritime, lakeside and waterway property of an economic interest — Automatic extension — Lack of tender procedure
Requests for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia and Tribunale Amministrativo Regionale per la Sardegna
Language of the case: Italian
Case C-6/15 TNS Dimarso v Vlaams Gewest
Reference for a preliminary ruling — Public supply contracts — Directive 2004/18/EC — Article 53(2) — Award criteria — Most economically advantageous tender — Method of evaluation — Weighting rules — Obligation for the contracting authority to specify in the call for tenders the weighting of the award criteria — Scope of the obligation
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-19/15 Verband Sozialer Wettbewerb v Innova Vital
Reference for a preliminary ruling — Consumer protection — Regulation (EC) No 1924/2006 — Nutrition and health claims made on foods — Article 1(2) — Scope — Foods to be delivered as such to the final consumer — Claims made in a commercial communication addressed exclusively to health professionals
Request for a preliminary ruling from the Landgericht München I
Language of the case: German
Case C-97/15 Sprengen/Pakweg Douane v Staatssecretaris van Financiën
Reference for a preliminary ruling — Common Customs Tariff — Combined Nomenclature — Headings 8471 and 8521 — Explanatory notes — Agreement on trade in information technology products — ‘Screenplays’
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-196/15 Granarolo v Ambrosi Emmi France
Reference for a preliminary ruling — Judicial cooperation in civil and commercial matters — Regulation (EC) No 44/2001– Article 5(1) and (3) — Court having jurisdiction — Concepts of ‘matters relating to a contract’ and ‘matters relating to tort or delict’ — Abrupt termination of a long-standing business relationship — Action for damages — Concepts of ‘sale of goods’ and ‘provision of services’
Request for a preliminary ruling from the Cour administrative d'appel de Paris
Language of the case: French
Case C-230/15 Brite Strike Technologies v Brite Strike Technologies
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 22(4) — Jurisdiction in intellectual property disputes — Article 71 — Conventions concluded by the Member States on particular matters — Benelux Convention on intellectual property — Jurisdiction in disputes concerning Benelux trade marks and designs — Article 350 TFEU
Request for a preliminary ruling from the Rechtbank Den Haag
Language of the case: Dutch
Case C-335/15 Ornano v Ministero della Giustizia, Direzione Generale dei Magistrati del Ministero
Reference for a preliminary ruling — Social policy — Article 119 of the EC Treaty (subsequently Article 141 EC) — Directive 75/117/EEC — Equal pay for men and women — Article 1 — Directive 92/85/EEC — Measures to improve the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding — Article 11(2)(b) and Article 11(3) — National law providing for an allowance for ordinary magistrates in respect of the expenses they incur in the performance of their professional functions — No entitlement for an ordinary magistrate to that allowance in the case of compulsory maternity leave taken prior to 1 January 2005
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-455/14 P H v Council, Commission and EUPM in Bosnia and Herzegovina
Appeal — Common foreign and security policy (CFSP) — Decision 2009/906/CFSP — European Union Police Mission (EUPM) in Bosnia and Herzegovina — National staff member on secondment — Redeployment in a regional office of that mission — Final sentence of the second subparagraph of Article 24(1) TEU — First paragraph of Article 275 TFEU — Actions for annulment and compensation — Jurisdiction of the EU judicature — Article 263 TFEU, Article 268 TFEU and the second paragraph of Article 340 TFEU
Language of the case: English
Case C-526/14 Kotnik and Others v Državni zbor Republike Slovenije
Reference for a preliminary ruling — Validity and interpretation of the Banking Communication from the Commission — Interpretation of Directives 2001/24/EC and 2012/30/EU — State aid to banks in the context of the financial crisis — Burden-sharing — Writing off equity capital, hybrid capital and subordinated debt — Principle of protection of legitimate expectations — Right to property — Protection of the interests of shareholders and others — Reorganisation and winding up of credit institutions
Request for a preliminary ruling from the Ustavno sodišče Republike Slovenije
Language of the case: Slovene
Case C-341/15 Maschek v Magistratsdirektion der Stadt Wien - Personalstelle Wiener Stadtwerke
Reference for a preliminary ruling — Social policy — Directive 2003/88/EC — Article 7 — Right to paid annual leave — Retirement at the request of the party concerned — Worker failing to use up all his entitlement to annual paid leave before the termination of his work relations — National legislation excluding allowance in lieu of paid annual leave not taken — Sick leave — Public servants
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
Case C-493/14 Dilly’s Wellnesshotel v Finanzamt Linz
Request for a preliminary ruling — State aid — Aid scheme in the form of reductions in environmental taxes — Regulation (EC) No 800/2008 — Categories of aid which may be regarded as compatible with the internal market and exempt from the obligation to notify — Mandatory nature of the conditions for exemption — Article 3(1) — Express reference to that regulation in the aid scheme
Request for a preliminary ruling from the Bundesfinanzgericht
Language of the case: German
Case C-542/14 VM Remonts and Others v Konkurences padome
Reference for a preliminary ruling — Competition — Article 101(1) TFEU — Purely internal situation — Application of analogous national rules — Jurisdiction of the Court — Concerted practice — Liability of an undertaking for the acts of a service provider — Conditions
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
Case C-597/14 P EUIPO v Grau Ferrer
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 76(2) — Regulation (EC) No 2868/95 — Rule 50(1), third subparagraph — Figurative mark — Opposition by the proprietor of the earlier trade mark — Proof of the existence, validity and extent of the protection of the earlier trade mark — Consideration by the Board of Appeal of evidence submitted out of time — Rejection of the opposition by the Board of Appeal
Language of the case: Spanish
Case C-4/15 Staatssecretaris van Financiën v Argos Supply Trading
Reference for a preliminary ruling — Customs union — Common Customs Tariff — Customs procedures with economic impact — Outward processing –– Regulation (EEC) No 2913/92 –– Article 148(c) — Issue of authorisation — Economic conditions — Absence of serious harm to the essential interests of Community processors — Concept of ‘Community processors’
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-226/15 P Apple and Pear Australia and Star Fruits Diffusion v EUIPO
Appeal — EU trade mark — Application for EU word mark English pink — Opposition by the proprietor of the word mark PINK LADY and the figurative marks including the word elements ‘Pink Lady’ — Opposition dismissed — Decision of an EU trade mark court — Alteration — Res judicata
Language of the case: French
Joined Cases C-387/15 and C-388/15 Orleans and Others v Vlaams Gewest
Reference for a preliminary ruling — Environment — Directive 92/43/EEC — Conservation of natural habitats — Special areas of conservation — Natura 2000 site ‘Scheldt and Durme estuary from the Dutch border to Ghent’ — Development of a port area — Assessment of the implications of a plan or project for a protected site — Occurrence of adverse effects — Prior but not yet completed development of an area of an equivalent type to the part destroyed — Completion subsequent to the assessment — Article 6(3) and (4)
Requests for a preliminary ruling from the Raad van State (Belgium)
Language of the case: Dutch
Case C-660/13 Council v Commission
Action for annulment — The European Union’s external relations — Access by the Swiss Confederation to the internal market — The Swiss Confederation’s financial contribution to economic and social cohesion in an enlarged Union — Memorandum of Understanding on a financial contribution by the Swiss Confederation to the Member States which acceded to the Union as a result of the 2004 enlargement — Enlargement of the Union to include the Republic of Croatia — Addendum to the Memorandum of Understanding concerning a financial contribution by the Swiss Confederation for the Republic of Croatia — Addendum signed by the European Commission on behalf of the European Union without the prior approval of the Council of the European Union — Powers — Article 13(2), Article 16(1) and (6) and Article 17(1) TEU — Principles of allocation of powers, institutional balance and sincere cooperation
Language of the case: English
Case C-469/14 Masterrind v Hauptzollamt Hamburg-Jonas
Reference for a preliminary ruling — Agriculture — Regulation (EC) No 1/2005 — Protection of animals during transport — Long journeys — Annex I, Chapter V, point 1.4(d) — Journey times and animal resting periods during transport — Transport of cattle — Concept of ‘rest period of at least one hour’ — Possibility of interrupting the transport several times — Article 22 — Delays during transport — Regulation (EC) No 1234/2007 and Regulation (EU) No 817/2010 — Export refunds — Requirements of the welfare of live bovine animals during transport — Regulation No 817/2010 — Article 2(2) to (4) of Regulation No 817/2010 — Official veterinarian at the exit point — Report and entry on the document evidencing the exit of the animals from the customs territory of the European Union regarding compliance or non-compliance with the relevant provisions of Regulation No 1/2005 — Unsatisfactory result of the checks carried out — Article 5(1)(c) of Regulation No 817/2010 — Whether or not that entry is binding on the national authority competent for the export refund
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C-543/14 Ordre des barreaux francophones et germanophone and Others v Conseil des ministres
VAT — Directive 2006/112/EC — Validity and interpretation of the directive — Services provided by lawyers — Liability to VAT — Right to an effective remedy — Equality of arms — Legal aid
Request for a preliminary ruling from the Cour constitutionnelle (Belgium)
Language of the case: French
Case C-57/15 United Video Properties v Telenet
Reference for a preliminary ruling — Intellectual property rights — Directive 2004/48/EC — Article 14 — Legal costs — Lawyers’ fees — Flat-rate reimbursement — Maximum amounts — Costs of a technical adviser — Reimbursement — Condition of fault on the part of the unsuccessful party
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
Case C-80/15 Robert Fuchs v HZA Lörrach
Reference for a preliminary ruling — Customs union — Common Customs Tariff — Temporary importation procedure with relief from duties — Regulation (EEC) No 2454/93 — Conditions laid down for the total relief from import duties — Means of transport for aviation registered outside of the customs territory of the Union and used by a person established outside of that territory — Article 555(1)(a) — Commercial use — Concept — Use of helicopters by an aviation school for remunerated training flights flown by a trainee and instructor — Not included
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
Case C-102/15 Gazdasági Versenyhivatal v Siemens Aktiengesellschaft Österreich
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Scope ratione materiae — Recovery of sum not due — Unjust enrichment — Debt arising from the unjustified repayment of a fine for infringement of competition law
Request for a preliminary ruling from the Fővárosi Ítélőtábla
Language of the case: Hungarian
Case C-147/15 Città Metropolitana di Bari v Edilizia Mastrodonato
Reference for a preliminary ruling — Protection of the environment — Waste management — Directive 2006/21/EC — Article 10(2) — Backfilling of excavation voids using waste other than extractive waste — Landfill or recovery of such waste
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-168/15 Tomášová v Slovenská republika - Ministerstvo spravodlivosti and Pohotovosť
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Credit agreement containing an unfair term — Enforcement of an arbitration award in accordance with that term — Member State liability for damage caused to individuals by breaches of EU law attributable to a national court — Conditions of engagement — Existence of a sufficiently serious breach of EU law
Request for a preliminary ruling from the Okresný súd Prešov
Language of the case: Slovak
Case C-191/15 Verein für Konsumenteninformation v Amazon EU
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulations (EC) No 864/2007 and (EC) No 593/2008 — Consumer protection — Directive 93/13/EEC — Data protection — Directive 95/46/EC — Online sales contracts concluded with consumers resident in other Member States — Unfair terms — General terms and conditions containing a choice-of-law term applying the law of the Member State in which the company is established — Determination of the applicable law for assessing the unfairness of terms in those general terms and conditions in an action for an injunction — Determination of the law governing the processing of personal data of consumers
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-240/15 Autorità per le Garanzie nelle Comunicazioni v ISTAT and Others
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/21/EC — Article 3 — Impartiality and independence of the national regulatory authorities — Directive 2002/20/EC — Article 12 — Administrative charges — National regulatory authority subject to provisions applicable to public finances and to provisions for limiting and streamlining public authority spending
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-332/15 Criminal proceedings against Astone
Request for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Articles 167, 168, 178 to 182, 193, 206, 242, 244, 250, 252 and 273 — Right to deduct VAT — Substantive requirements — Formal requirements — Limitation period — National provisions excluding the right to deduct where there is a failure to comply with the formal requirements — Tax evasion
Request for a preliminary ruling from the Tribunale di Treviso
Language of the case: Italian
Case C-379/15 Association France Nature Environnement v Premier ministre and Ministre de l’Écologie, du Développement durable et de lʼÉnergie
Reference for a preliminary ruling — Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — National measure incompatible with EU law — Legal consequences — Power of the national court to maintain certain effects of that measure provisionally — Third paragraph of Article 267 TFEU — Obligation to make a reference to the Court for a preliminary ruling
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-423/15 Kratzer v R+V Allgemeine Versicherung
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 3(1)(a) — Directive 2006/54/EC — Equal opportunities and equal treatment between men and women in matters of employment and occupation — Article 14(1)(a) — Scope — Definition of ‘access to employment, to self-employment or to occupation’ — Application for a post for the purpose of acquiring the formal status of applicant only in order to claim compensation for discrimination — Abuse of rights
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-457/15 Vattenfall Europe Generation v Bundesrepublik Deutschland
Reference for a preliminary ruling — Scheme for greenhouse gas emission allowance trading within the European Union — Directive 2003/87/EC — Temporal scope — Time when the emissions trading obligation arises — Article 3 — Annexe I — Concept of ‘installation’ — Combustion of fuels in installations with a total rated thermal input exceeding 20 MW
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C-294/16 PPU JZ v Prokuratura Rejonowa Łódź - Śródmieście
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — Article 26(1) — European arrest warrant — Effects of the surrender — Deduction of the period of detention served in the executing Member State — Concept of ‘detention’ — Measures involving a restriction of liberty other than imprisonment — Curfew in conjunction with the wearing of an electronic tag — Charter of Fundamental Rights of the European Union — Articles 6 and 49
Request for a preliminary ruling from null
Language of the case: Polish
Information (on unpublished decisions)
Case C-7/16 Banco Popular Español and PL Salvador v Giraldez Villar and Martínez Baz
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Directive 93/13/EEC — Unfair terms — Assignment of a claim — Right of the debtor to extinguish his debt — Conditions governing the exercise of that right
Case C-210/15 P Poland v Commission
Appeal — EAGGF and EAFRD — Expenditure excluded from EU financing — Regulations (EC) No 1257/1999 and No 1698/2005 — Early retirement of farmers and farm workers — Definitive cessation of all commercial farming activity
Case C-214/15 Município de Vila Pouca de Aguiar v Sá Machado & Filhos and Norcep Construções e Empreendimentos
Preliminary ruling — Public works contracts — Directive 2004/18/EC — Article 55 — Contract notice — Tender not accompanied by justification for abnormally low prices — Determination criteria — Article 7(c) — Value of the contract — Threshold not reached — Certain cross-border interest — Lack of information — Manifest inadmissibility
Case C-510/15 P Fapricela v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Burden of proof — Presumption of innocence — Fines — 2006 Guidelines on the method of setting fines — Unlimited jurisdiction — Determining the gravity of the infringement and the additional amount in respect of deterrence — Justification — Principles of proportionality and equal treatment
Case C-514/15 P HIT Groep v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Regulation (EC) No 1/2003 — Article 23(2) — Calculation of the amount of the fine — Upper limit of the fine — Total turnover in the ‘preceding business year’ — Reference to a business year other than the one preceding the adoption of the contested decision — Principle of proportionality
Case C-608/15 P Panasonic v Commission
Appeal — Rules of Procedure of the Court — Article 181 — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Agreements and concerted practices on pricing, market-sharing, customer-allocation and output-limitation — Rights of the defence — Statement of objections — Content
Case C-691/15 P-R Commission v Bilbaína de Alquitranes and Others
Application for interim measures — Appeal — Application for suspension of the effects of a regulation annulled by the General Court of the European Union — Environment and protection of human health — Regulation (EU) No 944/2013 — Classification of pitch, coal tar, high-temperature, in the categories of acute aquatic toxicity and chronic aquatic toxicity — Manifest error of assessment — Judgment of the General Court annulling that regulation — Suspensive effect of the appeal — Urgency
Case C-88/16 P European Dynamics Luxembourg and Evropaïki Dynamiki v Joint undertaking Fusion for Energy
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Public service contracts — Tendering procedure — Supply of IT, consulting, software development, Internet and support services — Rejection of the tender of one tenderer and award of the contracts to other tenderers — Obligation to state reasons
Case C-399/15 P Vichy Catalán v EUIPO
Appeal — European Union trade mark — Period within which an action must be brought — Unforeseeable circumstances — Article 181 of the Rules of Procedure of the Court — Manifest inadmissibility
Case C-604/15 P Pérez Gutiérrez v Commission
Appeal — Rules of Procedure of the Court of Justice — Article 181 — Non-contractual liability of the European Union — Public health — Photographs proposed by the European Commission for the health warnings to be shown on packaging for tobacco products — Unauthorised use of the image of a deceased person
Case C-246/15 P Pollmeier Massivholz v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — State aid — State measures concerning the establishment of a sawmill in Land Hessen (Germany) — Decision finding no State aid — Formal investigation procedure not initiated — Appeal manifestly inadmissible in part and manifestly unfounded in part
Case C-271/15 P Sea Handling v Commission
Appeal — Public right of access to documents of the EU institutions — Regulation (EC) No 1049/2001 — Third indent of Article 4(2) — Exceptions to the right of access to documents — Incorrect interpretation — Obligation to state reasons — Documents relating to a procedure for reviewing State aid — Protection of the purpose of inspections, investigations and audits — General presumption of application of the exception to the right of access to all documents in the administrative file — Scope of the presumption of confidentiality — Application for access to the complaint which gave rise to an inquiry procedure — Refusal of access — Overriding public interest
Case C-456/15 BASF v Bundesrepublik Deutschland
Preliminary reference — Article 99 of the Court’s Rules of Procedure — Scheme for greenhouse gas emission allowance trading in the European Union — Directive 2003/87/EC — Article 10a(5) — Method for allocating allowances — Free allocation of allowances — Method for calculating the uniform cross-sectoral correction factor — Decision 2011/278/EU — Article 15(3) — Decision 2013/448/EU — Article 4 — Annex II — Validity)
Case C-338/15 P Staelen v European Ombudsman
Appeal — Non-contractual liability — Handling by the European Ombudsman of a complaint concerning the management of a list of suitable candidates following an open competition — Rules of Procedure of the Court of Justice — Article 181)
Case C-141/16 Stanleybet Malta and Stoppani v Agenzia delle dogane e dei Monopoli
Reference for a preliminary ruling — Freedom of establishment and freedom to provide services — Single tax on betting and pools — Making subject to taxation national intermediaries which transmit game data on behalf of operators established in another Member State — Absence of sufficient information concerning the factual and regulatory background to the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling — Manifest inadmissibility)
Case C-104/15 Commission v Romania
Failure of a Member State to fulfil obligations — Environmental protection — Directive 2006/21/EC — Waste management — Mining — Tailing ponds — Dust re-emission — Fine airborn dust particles — Pollution — Human health — Obligatory preventative measures — Articles 4 and 13 — Finding of infringement
Joined Cases C-363/15 P and C-364/15 P Louis Vuitton Malletier v EUIPO
Appeal — European Union trade mark — No need to adjudicate
Case C-87/16 P Tsujimoto v Kenzo
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community word mark — Word mark KENZO ESTATE — Earlier Community word mark KENZO — Relative ground for refusal — Reputation — Regulation (EC) No 207/2009 — Article 8(5) — Partial rejection of the opposition
Case C-330/15 P Tomana and Others v Council and Commission
Appeal — Restrictive measures imposed on certain persons and entities forming part of the Government of Zimbabwe or linked to it — List of persons, groups and entities covered by the freezing of funds and economic resources — Inclusion of the appellants’ names
September 2016
Case C-182/15 Petruhhin
Reference for a preliminary ruling — Citizenship of the Union — Extradition to a third State of a national of a Member State who has exercised his right to freedom of movement — Scope of EU law — Protection of a Member State’s nationals against extradition — No protection for nationals of the other Member States — Restriction of freedom of movement — Justification based on the prevention of impunity — Proportionality — Verification of the guarantees provided for in Article 19 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
Case C-113/14 Germany v Parliament and Council
Action for annulment — Choice of legal basis — Article 43(2) TFEU or Article 43(3) TFEU — Common organisation of the markets in agricultural products — Regulation (EU) No 1308/2013 — Article 7 — Regulation (EU) No 1370/2013 — Article 2 — Measures on fixing prices — Reference thresholds — Intervention prices
Language of the case: German
Case C-549/14 Finn Frogne v Rigspolitiet ved Center for Beredskabskommunikation
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Article 2 — Principle of equal treatment — Obligation of transparency — Contract for the supply of a complex communications system — Difficulties in performance of the contract — Disagreement of the parties in regard to areas of responsibility — Settlement — Reduction in the scope of the contract — Transformation of a rental of equipment into a sale of equipment — Material amendment to a contract — Justification by the objective opportunity of finding an amicable solution
Request for a preliminary ruling from the Højesteret
Language of the case: Danish
Case C-584/14 Commission v Greece
Failure of a Member State to fulfil obligations — Environment –Directive 2006/12/EC — Directive 91/689/EEC — Directive 1999/31/EC — Waste management — Judgment of the Court establishing a failure to fulfil obligations — Non-implementation — Article 260(2) TFEU — Pecuniary penalties — Periodic penalty payment — Lump sum
Language of the case: Greek
Case C-101/15 P Pilkington Group and Others v Commission
Appeal — Agreements, decisions and concerted practices — Article 101 TFEU — Article 53 of the Agreement on the European Economic Area of 2 May 1992 — European market for automotive glass — Market-sharing agreements and exchanges of commercially sensitive information — Fines — 2006 Guidelines on the method of setting fines — Point 13 — Value of sales — Regulation (EC) No 1/2003 — Second subparagraph of Article 23(2) — Statutory ceiling of the fine — Exchange rate for the calculation of the ceiling of the fine — Amount of the fine — Unlimited jurisdiction — Mono-product undertakings — Proportionality — Equal treatment
Language of the case: English
Case C-121/15 ANODE v Premier ministre and Others
Reference for a preliminary ruling — Approximation of laws — Directive 2009/73/EC — Energy — Gas sector — Fixing of prices for supplying natural gas to final customers — Regulated tariffs — Obstacle — Compatibility — Criteria of assessment — Objectives of security of supply and territorial cohesion
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-310/15 Deroo-Blanquart v Sony Europe
Reference for a preliminary ruling — Consumer protection — Unfair commercial practices — Directive 2005/29/EC — Articles 5 and 7 — Combined offer — Sale of a computer equipped with pre-installed software — Material information relating to the price — Misleading omission — Consumer unable to obtain the same model of computer not equipped with software
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C-409/14 Schenker v Nemzeti Adó- és Vámhivatal Észak-alföldi Regionális Vám- és Pénzügyőri Főigazgatósága
Reference for a preliminary ruling — Common Customs Tariff — Combined Nomenclature — Classification of goods — Interpretation of a subheading of the Combined Nomenclature — Directive 2008/118/EC — Importation of excise goods — Customs suspensive procedure or arrangement — Effects of a customs declaration referring to an incorrect subheading of the Combined Nomenclature — Irregularities during the movement of excise goods
Request for a preliminary ruling from the Debreceni Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-160/15 GS Media v Sanoma Media Netherlands and Others
Reference for a preliminary ruling — Copyright and related rights — Directive 2001/29/EC — Information society — Harmonisation of certain aspects of copyright and related rights — Article 3(1) — Communication to the public — Definition — Internet — Hyperlinks giving access to protected works, made accessible on another website without the rightholder’s consent — Works not yet published by the rightholder — Posting of such links for a profit
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-180/15 Borealis and Others v Naturvårdsverket
Reference for a preliminary ruling — Scheme for greenhouse gas emission allowance trading within the European Union — Directive 2003/87/EC — Article 10a — Method of allocating free allowances — Calculation of the uniform cross-sectoral correction factor — Decision 2013/448/EU — Article 4 — Annex II — Validity — Determination of the product benchmark for hot metal — Decision 2011/278/EU — Annex I — Validity — Article 3(c) — Article 7 — Article 10(1) to (3) and 8 –Annex IV — Free allowances for the consumption and for the export of heat — Measurable heat exported to private households — Prohibition on double-counting of emissions and of double allocation of allowances
Request for a preliminary ruling from the Nacka Tingsrätt – Mark- och miljödomstolen
Language of the case: Swedish
Case C-225/15 Criminal proceedings against Politanò
Reference for a preliminary ruling — Article 49 TFEU — Freedom of establishment — Betting and gambling — Restrictions — Overriding reasons of public interest — Proportionality — Public procurement — Conditions for participating in a call for tenders and assessment of economic and financial standing — Exclusion of the tenderer for not presenting certificates of economic and financial standing issued by two different banks — Directive 2004/18/EC — Article 47 — Applicability
Request for a preliminary ruling from the Tribunale di Reggio Calabria
Language of the case: Italian
Case C-322/15 Google Ireland and Google Italy v Autorità per le Garanzie nelle Comunicazioni
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Lack of sufficient information concerning the factual and legal context of the dispute in the main proceedings and the reasons justifying the need for a reply to the question referred — Manifest inadmissibility
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-461/15 E.ON Kraftwerke v Bundesrepublik Deutschland
Reference for a preliminary ruling — Environment — Greenhouse gas emission allowance trading scheme within the European Union — Directive 2003/87/EC — Harmonised free allocation of emission allowances — Decision 2011/278/EU — Change to the allocation — Article 24(1) — Obligation of the operator of the installation to provide information — Scope
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C-165/14 Rendón Marín v Administración del Estado
Reference for a preliminary ruling — Citizenship of the Union — Articles 20 and 21 TFEU — Directive 2004/38/EC — Right of a third-country national with a criminal record to reside in a Member State — Parent having sole care of two minor children, who are Union citizens — First child possessing the nationality of the Member State of residence — Second child possessing the nationality of another Member State — National legislation precluding grant of a residence permit to the father because of his criminal record — Refusal of residence capable of resulting in the children being obliged to leave the territory of the European Union
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-304/14 Secretary of State for the Home Department v CS
Reference for a preliminary ruling — Citizenship of the Union — Article 20 TFEU — Third-country national having a young dependent child who is a Union citizen — Right to reside in the Member State of which the child is a national — Criminal convictions of the child’s parent — Decision to expel the parent resulting in the indirect expulsion of the child concerned
Request for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber) London
Language of the case: English
Case C-596/14 de Diego Porras v Ministerio de Defensa
References for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Concept of ‘employment conditions’ — Compensation for termination of a contract of employment — Compensation not provided for by the national legislation for temporary employment contracts — Difference of treatment as compared with permanent workers
Request for a preliminary ruling from the Tribunal Superior de Justicia de Madrid
Language of the case: Spanish
Case C-16/15 Pérez López v Servicio Madrileño de Salud
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clauses 3 to 5 — Successive fixed-term employment contracts within the public health service — Measures to prevent the abusive use of successive fixed-term employment relationships — Penalties — Reclassification of the employment relationship — Right to compensation
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo de Madrid
Language of the case: Spanish
Joined Cases C-184/15 and C-197/15 Martínez Andrés and Castrejana López v Servicio Vasco de Salud and Ayuntamiento de Vitoria
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clauses 5 and 8 — Use of successive fixed-term employment contracts — Measures to prevent abuse resulting from the use of successive fixed-term employment contracts or relationships — Penalties — Reclassification of the fixed-term employment relationship as a ‘non-permanent employment contract of indefinite duration’ — Principle of effectiveness
Requests for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco
Language of the case: Spanish
Case C-519/15 P Trafilerie Meridionali v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Fines — Setting of the fines — 2006 Guidelines for the setting of fines — Point 35 — Unlimited jurisdiction — Obligation to state reasons — Charter of Fundamental Rights of the European Union — Article 47 — Right to an effective remedy within a reasonable time
Language of the case: Italian
Case C-534/15 Dumitraș v Groupe Société Générale
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms — Article 1(1) — Article 2(b) — Status of consumer — Assignment of a debt by novation of loan agreements — Contracts providing immovable property as security entered into by individuals not having any professional relationship with the new debtor company
Request for a preliminary ruling from the Judecâtoria Satu Mare
Language of the case: Romanian
Joined Cases C-439/14 and C-488/14 Star Storage and Others v ICI and Others
Reference for a preliminary ruling — Directives 89/665/EEC and 92/13/EEC — Public procurement — Review procedures — National legislation making the admissibility of appeals against the acts of a contracting authority subject to giving a ‘good conduct guarantee’ — Charter of Fundamental Rights of the European Union — Article 47 — Right to an effective remedy
Requests for a preliminary ruling from the Curtea de Apel Bucureşti and Curtea de Apel Oradea
Language of the case: Romanian
Case C-484/14 Mc Fadden v Sony Music Entertainment Germany
Reference for a preliminary ruling — Information society — Free movement of services — Commercial wireless local area network (WLAN) — Made available to the general public free of charge — Liability of intermediary service providers — Mere conduit — Directive 2000/31/EC — Article 12 — Limitation of liability — Unknown user of the network — Infringement of rights of rightholders over a protected work — Duty to secure the network — Tortious liability of the trader
Request for a preliminary ruling from the Landgericht München I
Language of the case: German
Case C-516/14 Barlis 06 – Investimentos Imobiliários e Turísticos v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Article 178(a) — Right of deduction — Conditions of exercise — Article 226(6) and (7) — Details required in invoices — Extent and nature of the services rendered — Date on which the supply of services is made
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
Case C-518/14 Senatex v Finanzamt Hannover-Nord
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Article 167, Article 178(a), Article 179 and Article 226(3) — Deduction of input tax — Invoices not showing a tax number or VAT identification number — Legislation of a Member State excluding the ex tunc correction of an invoice
Request for a preliminary ruling from the Niedersächsisches Finanzgericht
Language of the case: German
Case C-574/14 PGE v Prezes Urzędu Regulacji Energetyki
Reference for a preliminary ruling — State aid — Power Purchase Agreements — Compensation paid for voluntary termination — Commission decision finding State aid compatible with the internal market — Assessment of the lawfulness of aid by a national court — Annual adjustment of stranded costs — Point at which an energy generator’s membership of a group of undertakings is taken into account
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-28/15 Koninklijke KPN and Others v ACM
Reference for a preliminary ruling — Common regulatory framework for electronic communications networks and services — Directive 2002/21/EC — Articles 4 and 19 — National Regulatory Authority — Harmonisation measures — Recommendation 2009/396/EC — Legal scope — Directive 2002/19/EC — Articles 8 and 13 — Operator designated as having significant market power on a market — Obligations imposed by national regulatory authorities — Price control and cost accounting obligations — Fixed and mobile call termination rates — Scope of the review that national courts can exercise over the decisions of national regulatory authorities
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
Case C-400/15 Landkreis Potsdam-Mittelmark v Finanzamt Brandenburg
Reference for a preliminary ruling — Taxation — Value Added Tax — Sixth Council Directive 77/388/EEC — Right to deduction — Decision 2004/817/EC — Legislative provision of a Member State — Expenditure on goods and services — Extent of use of goods or services for non-economic purposes greater than 90% of total use — Exclusion of the right to deduct
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Joined Cases C-8/15 P to C-10/15 P Ledra Advertising and Others v Commission and ECB
Appeals — Stability support programme for the Republic of Cyprus — Memorandum of Understanding of 26 April 2013 on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the European Stability Mechanism (ESM) — Duties of the European Commission and the European Central Bank — Non-contractual liability of the European Union — Second paragraph of Article 340 TFEU — Conditions — Obligation to ensure that the Memorandum of Understanding is consistent with EU law
Language of the case: English
Joined Cases C-105/15 P to C-109/15 P Mallis and Others v Commission and ECB
Appeals — Stability support programme for the Republic of Cyprus — Eurogroup statement concerning, in particular, the restructuring of the banking sector in Cyprus — Actions for annulment
Language of the case: Greek
Case C-592/14 European Federation for Cosmetic Ingredients v Secretary of State for Business, Innovation and Skills and Attorney General
Reference for a preliminary ruling — Approximation of laws — Cosmetic products — Regulation (EC) No 1223/2009 — Article 18(1)(b) — Cosmetic products containing ingredients, or a combination of ingredients, which have been the subject of animal testing ‘in order to meet the requirements of this Regulation’ — Prohibition of marketing within the European Union — Scope
Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)
Language of the case: English
Case C-139/15 P Commission v Spain
Appeal — Cohesion Fund — Reduction of financial assistance — Procedure of adoption of the decision by the European Commission — Existence of a time limit — Non-compliance with the time limit laid down — Consequences
Language of the case: Spanish
Case C-140/15 P Commission v Spain
Appeal — Cohesion Fund — Reduction of financial assistance — Procedure of adoption of the decision by the European Commission — Existence of a time limit — Non-compliance with the time limit laid down — Consequences
Language of the case: Spanish
Case C-221/15 Criminal proceedings against Etablissements Fr. Colruyt
Reference for a preliminary ruling — Directive 2011/64/EU — Article 15(1) — Free determination, by the manufacturers and importers, of the maximum retail selling prices of manufactured tobacco products — National regulation prohibiting the sale of such products by retailers at prices lower than those indicated on the revenue stamp — Free movement of goods — Article 34 TFEU — Selling arrangements — Article 101 TFEU, read in conjunction with Article 4(3) TEU
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
Case C-261/15 Nationale Maatschappij der Belgische Spoorwegen v Demey
Rail transport — Regulation (EC) No 1371/2007 — Passengers’ rights and obligations — Absence of a ticket — Failure to regularise within the prescribed period — Criminal offence
Request for a preliminary ruling from the vredegerecht te Ieper
Language of the case: Dutch
Case C-304/15 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Directive 2001/80/EC — Article 4(3) — Annex VI, Part A — Limitation of emissions of certain pollutants into the air from large combustion plants — Application — Aberthaw Power Station
Language of the case: English
Case C-478/15 Radgen v Finanzamt Ettlingen
Reference for a preliminary ruling — Taxation — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Equal treatment — Income tax — Exemption of income derived from part-time employment as a teacher with a legal person governed by public law established in a Member State of the European Union or in a State to which the Agreement on the European Economic Area of 2 May 1992 applies — Legislation of a Member State excluding from that exemption income derived from such employment with a legal person governed by public law established in Switzerland
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
Case C-614/15 Popescu v Direcția Sanitar Veterinară și pentru Siguranța Alimentelor
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Successive fixed-term employment contracts — Veterinary assistant in the veterinary health inspection sector — Public sector — Clause 5(1) — Measures aimed at preventing the misuse of fixed-term contracts — Concept of ‘objective reasons’ justifying the use of such contracts — Replacements for vacant posts pending completion of competition procedures
Request for a preliminary ruling from the Curtea de Apel Craiova
Language of the case: Romanian
Case C-631/15 Álvarez Santirso v Consejería de Educación, Cultura y Deporte del Principado de Asturias
References for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Successive fixed-term employment contracts in the public sector — Non-tertiary education — National rules — Grant of remuneration supplement — Condition — Positive result obtained in evaluation process — Professors employed as interim civil servants — Not included — Principle of non-discrimination
Request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo No 1 de Oviedo
Language of the case: Spanish
Case C-525/14 Commission v Czech Republic
Failure of a Member State to fulfil obligations — Free movement of goods — Article 34 TFEU — Quantitative restrictions on imports — Measures having equivalent effect — Precious metals hallmarked in a third country in accordance with Netherlands legislation — Import into the Czech Republic after being put into free circulation — Refusal to recognise the hallmark — Consumer protection — Proportionality — Admissibility
Language of the case: Czech
Joined Cases C-14/15 and C-116/15 Parliament v Council
Actions for annulment — Police and judicial cooperation in criminal matters — Automated data exchange — Registration of vehicles — Dactyloscopic data — Legal framework applicable following the entry into force of the Treaty of Lisbon — Transitional provisions — Secondary legal basis — Distinction between legislative acts and implementing measures — Consultation of the European Parliament — Initiative of a Member State or of the European Commission — Voting rules
Language of the case: French
Case C-91/15 Kawasaki Motors Europe v Inspecteur van de Belastingdienst/Douane
Reference for a preliminary ruling — Assessment of validity — Regulation (EC) No 1051/2009 — Common Customs Tariff — Tariff classification — Combined Nomenclature — Heading 8701 — Tractors — Subheadings 8701 90 11 to 8701 90 39 — Agricultural tractors (excluding pedestrian-controlled tractors) and forestry tractors, wheeled, new — Light four-wheeled all terrain vehicles designed to be used as tractors
Request for a preliminary ruling from the Gerechtshof Amsterdam
Language of the case: Dutch
Case C-110/15 Microsoft Mobile Sales International and Others v MiBAC and Others
Reference for a preliminary ruling — Approximation of laws — Intellectual property — Copyright and related rights — Directive 2001/29/EC — Exclusive right of reproduction — Exceptions and limitations — Article 5(2)(b) — Private copying exception — Fair compensation — Conclusion of agreements governed by private law to determine the criteria for exemption from payment of fair compensation — Request for reimbursement of compensation confined to the final user
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-113/15 Breitsamer und Ulrich v Landeshauptstadt München
Reference for a preliminary ruling — Directive 2000/13/EC — Labelling and presentation of foodstuffs — Article 1(3)(b) — Concept of ‘pre-packaged foodstuff’ — Article 2 — Consumer information and protection — Article 3(1)(8) — Place of origin or provenance of a foodstuff — Article 13(1) — Labelling of a prepackaged foodstuff — Article 13(4) — Packaging or containers the largest surface of which has an area of less than 10 cm2 — Directive 2001/110/EC — Article 2(4) — Indication of the country or countries of origin of honey — Individual portions of honey packaged in cartons supplied to mass caterers — Individual portions sold separately or supplied to ultimate consumers as part of meals for an all-inclusive price — Indication of the country or countries of origin of that honey
Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
Case C-223/15 combit Software v Commit Business Solutions
Reference for a preliminary ruling — Regulation (EC) No 207/2009 — European Union trade mark — Unitary character — Finding of a likelihood of confusion in respect of only part of the European Union — Territorial scope of the prohibition referred to in Article 102 of that regulation
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-492/14 Essent Belgium v Vlaamse Gewest and Others
Reference for a preliminary ruling — Regional legislation requiring the distribution, through the systems located in the region concerned, of electricity produced from renewable energy sources to be free of charge — Different treatment depending on the origin of the green electricity — Articles 28 EC and 30 EC — Free movement of goods — Directive 2001/77/EC — Articles 3 and 4 — National support mechanisms for the production of green energy — Directive 2003/54/EC — Articles 3 and 20 — Directive 96/92/EC — Articles 3 and 16 — Internal market in electricity — Access to distribution systems on non-discriminatory tariff conditions — Public service obligations — Lack of proportionality
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg te Brussel
Language of the case: Dutch
Information (on unpublished decisions)
Case C-224/14 P Lidl Stiftung v EUIPO
Appeal — EU trade mark — Article 181 of the Rules of Procedure of the Court of Justice — Appeal manifestly inadmissible or manifestly unfounded
Case C-237/14 P Lidl Stiftung v EUIPO
Appeal — EU trade mark — Article 181 of the Rules of Procedure of the Court of Justice — Appeal manifestly inadmissible or manifestly unfounded
Case C-378/16 P-R Inclusion Alliance for Europe v Commission
Application for interim measures — Appeal — Application for suspension of operation of a measure — Decision of the European Commission — Obligation to reimburse the sums paid to the applicant, together with interest, in the context of certain projects financed by the European Union for research, technological development and demonstration activities — Manifest inadmissibility
Case C-228/15 Criminal proceedings against Velikova
Preliminary ruling — Right of Union citizens to move and reside within the territory of the European Union — Lack of relevance of the request for a preliminary ruling to settle the dispute in the main proceedings — Manifest inadmissibility
Case C-586/15 P Lotte v Nestlé Unternehmungen Deutschland
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Figurative mark including a word element in Japanese and a picture of a koala in a tree holding a small koala — Opposition by the proprietor of the earlier national three-dimensional mark KOALA-BÄREN and earlier figurative mark KOALA — Proof of genuine use of the mark — Use of the mark in a form differing by elements not altering the distinctive character of the mark — Article 15(1)(a) and Article 42(2) and (3) of Regulation (EC) No 207/2009 — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-309/15 P Real Express v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Regulation (EC) No 207/2009 — Blue and red figurative mark containing the word element ‘real’ — Opposition of the proprietor of the black and white national figurative marks containing the word elements ‘Real’ and ‘Real mark’ — Rejection of the opposition
Case C-459/15 P Iranian Offshore Engineering & Construction v Council
Appeal — Restrictive measures taken against the Islamic Republic of Iran — List of persons and entities subject to the freezing of funds and economic resources — Logistical support to the Iranian Government — Inclusion of the appellant’s name
Joined Cases C-91/16 and C-120/16 Caixabank v Benlliure Santiago and Abanca Corporación Bancaria v González Rey Others
Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms — Default interest rate — Application of the remunerative interest rate — Article 53(2) of the Rules of Procedure of the Court of Justice — Inadmissibility
Case C-551/14 P Arctic Paper Mochenwangen v Commission
Appeal — Environment — Directive 2003/87/EC — Article 10a — Scheme for greenhouse gas emission allowance trading — Transitional rules for harmonised free allocation of emission allowances from 2013 — Decision 2011/278/EU — National implementation measures submitted by the Federal Republic of Germany — Rejection of the registration of certain installations on the lists of installations receiving free allocations of emission allowances — Provision relating to cases of ‘undue hardship’ — Implementing powers of the Commission
Case C-564/14 P Raffinerie Heide v Commission
Appeal — Environment — Directive 2003/87/EC — Article 10a — Scheme for greenhouse gas emission allowance trading — Transitional rules for harmonised free allocation of emission allowances from 2013 — Decision 2011/278/EU — National implementation measures submitted by the Federal Republic of Germany — Rejection of the registration of certain installations on the lists of installations receiving free allocations of emission allowances — Provision relating to cases of ‘undue hardship’ — Implementing powers of the Commission
Case C-565/14 P Romonta v Commission
Appeal — Environment — Directive 2003/87/EC — Article 10a — Scheme for greenhouse gas emission allowance trading — Transitional rules for harmonised free allocation of emission allowances from 2013 — Decision 2011/278/EU — National implementation measures submitted by the Federal Republic of Germany — Rejection of the registration of certain installations on the lists of installations receiving free allocations of emission allowances — Provision relating to cases of ‘undue hardship’ — Implementing powers of the Commission
Joined Cases C-490/15 P and C-505/15 P Ori Martin and SLM v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Fines — Setting of the fines — Regulation (EC) No 1/2003 — Article 23(2) — Presumption of actual exercise of decisive influence by the parent company over the subsidiary — The 2006 Guidelines on the method of setting fines — Principle of non-retroactivity — Charter of Fundamental Rights of the European Union — Article 47 — Right to an effective remedy within a reasonable time — Charter of Fundamental Rights — Article 41 — Right to proceedings being conducted within a reasonable time
Case C-442/15 P Pensa Pharma v EUIPO
Appeal — EU trade mark — Word mark PENSA PHARMA — Figurative mark pensa — Applications for a declaration of invalidity of the holders of the word marks pentasa — Declaration of invalidity — Proceedings before EUIPO — Change in the subject matter of the proceedings — New plea before the General Court
Case C-595/15 P NIOC and Others v Council
Appeal — Restrictive measures taken against the Islamic Republic of Iran — List of persons and entities subject to the freezing of funds and economic resources — Implementing Regulation (EU) No 945/2012 — Legal basis — Meaning of associated entity
Case C-130/16 P Gaki v Commission
Appeal — Article 181 of the Rules of Procedure — Action for annulment — Action brought against the refusal of the European Commission to initiate the procedure for failure to fulfil obligations — Application for an injunction to be imposed on an institution of the European Union — Claim for compensation
Case C-438/15 Criminal proceedings against Durante
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Identical questions referred — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Gambling — Restrictions — Overriding reasons relating to the public interest — Proportionality — Conditions taking part in a tendering procedure and evaluation of economic and financial capacity — Tenderer excluded for failure to produce testimonials of his economic and financial capacity given by two separate banking institutions
Case C-542/15 Criminal proceedings against Manzo
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Identical questions referred — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gambling — Restrictions — Overriding grounds of general interest — Proportionality — Public procurement — Conditions for participating in a call for tenders and assessment of economic and financial standing — Exclusion of the tenderer for failure to present certificates of economic and financial standing issued by two different banks — Directive 2004/18/EC — Article 47 — Applicability
Case C-102/14 P Investigación y Desarrollo en Soluciones y Servicios IT v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Contracts in respect of EU financial support for projects in the research and development field — Audit report identifying irregularities — Decision to recover advances paid by the European Commission — Action for annulment — Decision to suspend payments — Action to establish non-contractual liability — Decision not to conclude a contract — Action for damages — Inadmissibility
Case C-400/16 P(R) Efler and Others v Commission
Appeal — Application for interim measures — Law governing the institutions — Citizens’ initiative ‘STOP TTIP’ — Refusal of registration — Interest in bringing proceedings — No need to adjudicate — Manifest lack of jurisdiction
October 2016
Case C-412/15 TMD v Finanzamt Kassel II - Hofgeismar
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Exemptions for certain activities in the public interest — Article 132(1)(d) — Supplies of human organs, blood and milk — Scope — Plasma of human blood transformed and used for industrial purposes
Request for a preliminary ruling from the Hessisches Finanzgericht
Language of the case: German
Case C-572/15 F. Hoffmann-La Roche v Accord Healthcare
Reference for a preliminary ruling — Industrial and commercial property — Patent — Supplementary protection certificate — Regulation (EC) No 469/2009 — Article 21(2) — Transitional provisions — Certificate granted in accordance with the national legislation of a Member State prior to its accession to the European Union — Interpretation of Article 21(2) — Duration of validity of the certificate — Validity of Article 21(2) — Adjustment to secondary legislation resulting directly from the Act of Accession — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
Case C-576/15 Maya Marinova v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Article 2(1)(a) — Article 9(1) — Article 14(1) — Articles 73, 80 and 273 — Principles of fiscal neutrality and proportionality — Tax evasion — Anomalies in accounting — Concealment of supplies and revenue — Determination of the taxable amount
Request for a preliminary ruling from the Administrativen sad Veliko Tarnovo
Language of the case: Bulgarian
Case C-32/16 Wunderlich v Bulgarian Air Charter
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Absence of reasonable doubt — Air transport — Regulation (EC) No 261/2004 — Article 2(l) — Definition of ‘cancellation’ — Flight making an unscheduled stopover
Request for a preliminary ruling from the Amtsgericht Dresden
Language of the case: German
Case C-218/15 Paoletti and Others v Procura della Repubblica
Reference for a preliminary ruling — Article 6 TEU — Article 49 of the Charter of Fundamental Rights of the European Union — Principle of retroactivity of the more lenient criminal law — Italian nationals having organised the illegal entry into Italy of Romanian nationals — Acts carried out before the accession of Romania to the European Union — Effect of Romania’s accession on the criminal offence of facilitation of illegal immigration — Implementation of EU law — Jurisdiction of the Court
Request for a preliminary ruling from the Tribunale ordinario di Campobasso
Language of the case: Italian
Case C-318/15 Tecnoedi Costruzioni v Comune di Fossano
Reference for a preliminary ruling — Public works contracts — Directive 2004/18/EC — Article 7(c) — Threshold amount for public contracts — Threshold not reached — Abnormally low tenders — Automatic exclusion — Discretion of the contracting authority — Obligations of the contracting authority arising from freedom of establishment, freedom to provide services and the general principle of non-discrimination — Contracts which may be of certain cross-border interest
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte
Language of the case: Italian
Case C-466/15 Adrien and Others v Premier ministre and Others
Reference for a preliminary ruling — Freedom of movement for workers — National detached officials within an EU institution or body — Old-age pension — Right to opt — Suspension or maintenance of the affiliation to the national pension scheme — Limitation on the aggregation of the pension acquired under the national pension scheme with that acquired under the EU pension scheme
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-601/14 Commission v Italy
Failure of a Member State to fulfil obligations — Directive 2004/80/EC — Article 12(2) — National compensation schemes for victims of violent intentional crime guaranteeing fair and appropriate compensation — National scheme not covering all violent intentional crimes committed on the national territory
Language of the case: Italian
Case C-92/15 Mathys v De Grave Antverpia
Reference for a preliminary ruling — Directive 96/75/EC — Systems of chartering and pricing in inland waterway transport — Scope — Article 1(b) — ‘Carrier’ — Article 2 — Freedom to conclude contracts and negotiate prices
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
Case C-166/15 Ranks and Vasiļevičs v Finanšu un ekonomisko noziegumu izmeklēšanas prokoratūra and Microsoft
Reference for a preliminary ruling — Intellectual property — Copyright and related rights — Directive 91/250/EEC — Article 4(a) and (c) — Article 5(1) and (2) — Directive 2009/24/EC — Article 4(1) and (2) — Article 5(1) and (2) — Legal protection of computer programs — Resale of ‘used’ licensed copies of computer programs on non-original material media — Exhaustion of the distribution right — Exclusive right of reproduction
Request for a preliminary ruling from the Rīgas apgabaltiesas Krimināllietu tiesu kolēģija
Language of the case: Latvian
Case C-185/15 Kostanjevec v F&S Leasing
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 6(3) — Definition of ‘counterclaim’ — Claim based on unjust enrichment — Payment of a sum due under a decision that has been set aside — Temporal application
Request for a preliminary ruling from the Vrhovno sodišče
Language of the case: Slovene
Case C-340/15 Nigl v Finanzamt Waldviertel
Reference for a preliminary ruling — Taxation — Value added tax — Sixth Directive 77/388/EEC — Article 4(1) and (4) — Directive 2006/112/EC — Articles 9 and 11 — Concept of ‘taxable person’ — Civil-law partnerships selling their products under a common trade mark and through a limited company — Concept of ‘independent undertaking’ — Refusal of the status of taxable person — Retroactivity — Sixth Directive 77/388 — Article 25 — Directive 2006/112 — Articles 272 and 296 — Flat-rate scheme for farmers — Exclusion from the flat-rate scheme — Retroactivity
Request for a preliminary ruling from the Bundesfinanzgericht
Language of the case: German
Joined Cases C-511/15 and C-512/15 Horžić and Pušić v Privredna banka Zagreb and Prka
References for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Agreements concerning credit for consumers — Directive 2008/48/EC — Credit agreement for immovable property — Variable interest rates — Obligations on the creditor — National legislation applicable to agreements existing at the date on which that legislation comes into force — Inapplicability of Directive 2008/48
References for a preliminary ruling from the Prekršajni Sud u Bjelovaru
Language of the case: Croatian
Case C-231/15 Prezes Urzędu Komunikacji Elektronicznej and Petrotel v Polkomtel
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/21/EC — Article 4(1) — Right of appeal against a decision taken by a national regulatory authority — Effective appeal mechanism — Decision of a national regulatory authority to continue to apply pending the outcome of the appeal — Temporal effects of a decision of a national court annulling a decision of a national regulatory authority — Possibility of annulling a decision of the national regulatory authority with retroactive effect — Principles of legal certainty and protection of legitimate expectations
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-277/15 Servoprax v Roche Diagnostics Deutschland
Reference for a preliminary ruling — Approximation of laws — In vitro diagnostic medical devices — Directive 98/79/EC — Parallel imports — Translation by the importer of the information and instructions for use provided by the manufacturer — Supplementary conformity assessment procedure
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-294/15 Mikołajczyk v Czarnecka and Czarnecki
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 1(1)(a) — Material scope — Action for annulment of marriage brought by a third party after the death of one of the spouses — Article 3(1) — Jurisdiction of the courts of the Member State of residence of the ‘applicant’ — Scope
Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie
Language of the case: Polish
Case C-303/15 Naczelnik Urzędu Celnego I w Ł. v M. and S.
Reference for a preliminary ruling — Technical regulations in the gambling sector — Directive 98/34/EC — Concept of ‘technical regulation’ — Obligation on Member States to notify the European Commission of all draft technical regulations — Inapplicability of rules classifiable as technical regulations not notified to the Commission
Request for a preliminary ruling from the Sąd Okręgowy w Łodzi
Language of the case: Polish
Case C-135/15 Republik Griechenland v Nikiforidis
Reference for a preliminary ruling — Judicial cooperation in civil matters — Law applicable to an employment contract — Regulation (EC) No 593/2008 — Article 28 — Temporal scope — Article 9 — Concept of ‘overriding mandatory provisions’ — Application of overriding mandatory provisions of Member States other than the State of the forum — Legislation of a Member State imposing a reduction in public sector pay because of a budgetary crisis — Duty of sincere cooperation
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-501/14 EL-EM-2001 v Nemzeti Adó- és Vámhivatal Dél-alföldi Regionális Vám- és Pénzügyőri Főigazgatósága
Reference for a preliminary ruling — Road transport — Regulation (EC) No 561/2006 — Article 10(3) — Articles 18 and 19 — Fine imposed on the driver — Measures necessary to the execution of the penalty taken against the transport company — Immobilisation of the vehicle
Request for a preliminary ruling from the Szegedi közigazgatási és munkaügyi bíróság
Language of the case: Hungarian
Case C-582/14 Breyer v Bundesrepublik Deutschland
Reference for a preliminary ruling — Processing of personal data — Directive 95/46/EC — Article 2(a) — Article 7(f) — Definition of ‘personal data’ — Internet protocol addresses — Storage of data by an online media services provider — National legislation not permitting the legitimate interest pursued by the controller to be taken into account
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-148/15 Deutsche Parkinson Vereinigung v Zentrale zur Bekämpfung unlauteren Wettbewerbs
Reference for a preliminary ruling — Articles 34 TFEU and 36 TFEU — Free movement of goods — National legislation — Prescription-only medicinal products for human use — Sale by pharmacies — Setting of fixed prices — Quantitative restriction on imports — Measure having equivalent effect — Justification — Protection of the health and life of humans
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-424/15 Ormaetxea Garai and Lorenzo Almendros v Administración del Estado
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/21/EC — Article 3 — Impartiality and independence of national regulatory authorities — Institutional reform — Merger of national regulatory authority with other regulatory authorities — Dismissal of the President and a board member of the merged national regulatory authority before the expiry of their terms of office — Ground for dismissal not provided for under national law
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-24/15 Plöckl v Finanzamt Schrobenhausen
Reference for a preliminary ruling — Taxation — Value added tax — Sixth Directive — Article 28c(A)(a) and (d) — Transfer of goods within the European Union — Right to an exemption — Failure to comply with an obligation to provide a VAT identification number issued by the Member State of destination — No specific evidence of tax evasion — Refusal to grant the exemption — Whether permissible
Request for a preliminary ruling from the Finanzgericht München
Language of the case: German
Case C-169/15 Montis Design v Goossens Meubelen
Reference for a preliminary ruling — Industrial and commercial property — Copyright and related rights — Directive 93/98/EEC — Article 10(2) — Term of protection — No revival of protection due to Berne Convention
Request for a preliminary ruling from the Benelux Gerechtshof
Language of the case: Dutch
Case C-429/15 Danqua v Minister for Justice and Equality and Others
Reference for a preliminary ruling — Directive 2004/83/EC — Minimum standards for granting refugee status or subsidiary protection status — National procedural rule laying down, for the submission of an application for subsidiary protection, a period of 15 working days from notification of the rejection of the application for asylum — Procedural autonomy of the Member States — Principle of equivalence — Principle of effectiveness — Proper conduct of the procedure for examining the application for subsidiary protection — Proper conduct of the return procedure — Not compatible
Request for a preliminary ruling from the Court of Appeal
Language of the case: English
Case C-506/14 Yara Suomi and Others v Työ-ja elinkeinoministeriö
Reference for a preliminary ruling — Greenhouse gas emission allowance trading scheme within the European Union — Directive 2003/87/EC — Article 10a — Method of allocating free allowances — Calculation of the uniform cross-sectoral correction factor — Decision 2013/448/EU — Article 4 — Annex II — Validity — Application of uniform cross-sectoral correction factor to facilities in sectors which are deemed to be exposed to a significant risk of carbon leakage — Determination of the product benchmark for hot metal — Decision 2011/278/EU — Article 10(9) — Annex I — Validity
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Joined Cases C-568/14 to C-570/14 Fernández Oliva and Others v Caixabank and Others
Reference for a preliminary ruling — Directive 93/13/EEC — Article 99 of the Rules of Procedure of the Court of Justice — Contracts concluded between sellers or suppliers and consumers — Mortgage contracts — ‘Floor’ clause — Collective proceedings — Individual action with the same subject matter — Interim relief
References for a preliminary ruling from the Juzgado de lo Mercantil n° 3 de Barcelona
Language of the case: Spanish
Case C-590/14 P DEI v Commission
Appeal — State aid — Production of aluminium — Preferential electricity tariff granted by a contract — Decision declaring the aid compatible with the internal market — Termination of the contract — Judicial suspension of the effects of termination of the contract — Decision declaring the aid unlawful — Article 108(3) TFEU — Concepts of ‘existing aid’ and ‘new aid’ — Distinction
Language of the case: Greek
Case C-611/14 Criminal proceedings against Canal Digital Danmark
Reference for a preliminary ruling — Unfair commercial practices — Directive 2005/29/EC — Articles 6 and 7 — Advertising relating to a satellite TV subscription — Subscription price including, in addition to the monthly subscription charge, a six-monthly charge for the card required for decoding emissions — Six-monthly charge omitted or presented in a less conspicuous manner than the monthly charge — Misleading action — Misleading omission — Transposition of a provision of a directive only in the preparatory work for the national transposing legislation and not in the wording of that legislation itself
Request for a preliminary ruling from the Retten i Glostrup
Language of the case: Danish
Case C-195/15 Senior Home v Gemeinde Wedemark and Hannoversche Volksbank
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 5 — Notion de ‘third parties’ rights in rem’ — Public charge against immovable property to ensure payment of real property tax
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-211/15 P Orange v Commission
Appeal — Competition — State aid — Aid granted by the French Republic to France Télécom — Reform of the arrangements for financing the retirement pensions of civil servants working for France Télécom — Reduction of the compensation to be paid to the State by France Télécom — Decision declaring the aid compatible with the internal market under certain conditions — Definition of aid — Definition of economic advantage — Selective nature — Adverse effect on competition — Distortion of the facts — No statement of reasons — Substitution of grounds
Language of the case: French
Case C-269/15 Rijksdienst voor Pensioenen v Hoogstad
Reference for a preliminary ruling — Social security — Regulation (EEC) No 1408/71 — Article 4 — Material scope — Deductions from statutory old-age pensions and all other supplementary benefits — Article 13 — Determination of the applicable legislation — Residence in another Member State
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
Case C-276/15 Hecht-Pharma v Hohenzollern Apotheke
Reference for a preliminary ruling — Medicinal products for human use — Directive 2001/83/EC — Scope — Article 2(1) — Medicinal products prepared industrially or manufactured by a method involving an industrial process — Point 2 of Article 3 — Officinal formula
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-468/15 P PT Musim Mas v Council
Appeal — Dumping — Implementing Regulations (EU) No 1138/2011 and (EU) No 1241/2012 — Imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia — Regulation (EC) No 1225/2009 — Article 2(10)(i) — Adjustment — Functions similar to those of an agent working on a commission basis — First subparagraph of Article 2(10) — Symmetry between the normal value and the export price — Principle of sound administration
Language of the case: English
Case C-482/15 P Westermann Lernspielverlage v EUIPO
Appeal — EU trade mark application — Figurative mark containing the word elements ‘bambino’ and ‘lük’ — Opposition proceedings — Earlier EU figurative mark containing the word element ‘bambino’ — Partial refusal of registration — Revocation of the earlier mark on which the opposition was based — Letter from the applicant informing the General Court of that revocation — Refusal of the General Court to add that letter to the case file — Failure to state reasons
Language of the case: English
Case C-465/14 Raad van bestuur van de Sociale verzekeringsbank v Wieland and Rothwangl
Reference for a preliminary ruling — Articles 18 and 45 TFEU — Social security for migrant workers — Regulation (EEC) No 1408/71 — Articles 3 and 94 — Regulation (EC) No 859/2003 — Article 2(1) and (2) — Old-age and survivor’s insurance — Former seafarers who are nationals of a third country which became a Member State of the European Union in 1995 — Excluded from entitlement to old-age benefit
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
Case C-613/14 James Elliott Construction v Irish Asphalt
Reference for a preliminary ruling — Article 267 TFEU — Jurisdiction of the Court — Concept of ‘provision of EU law’ — Directive 89/106/EEC — Approximation of laws, regulations and administrative provisions of the Member States relating to construction products — Standard approved by the European Committee for Standardisation (CEN) pursuant to a mandate given by the European Commission — Publication of the standard in the Official Journal of the European Union — Harmonised standard EN 13242:2002 — National standard incorporating harmonised standard EN 13242:2002 — Contractual dispute between individuals — Method used to establish (non-) compliance of a product with a national standard transposing a harmonised standard — Date of establishing (non-) compliance of a product with that standard — Directive 98/34/EC — Procedure for the provision of information in the field of technical standards and regulations — Scope
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
Case C-114/15 Criminal proceedings against Audace and Others
Reference for a preliminary ruling — Free movement of goods — Articles 34 and 36 TFEU — Quantitative restrictions — Parallel imports of veterinary medicinal products — Directive 2001/82/EC — Article 65 — National system of prior authorisation — Livestock farmers excluded from simplified marketing authorisation procedure — Obligation to hold a wholesale trading authorisation — Obligation to have an establishment within the Member State of import — Pharmacovigilance obligations
Request for a preliminary ruling from the Cour d'appel de Pau
Language of the case: French
Case C-220/15 Commission v Germany
Failure of a Member State to fulfil obligations — Free movement of goods — Directive 2007/23/EC — Placing on the market of pyrotechnic articles — Article 6 — Free movement of pyrotechnical articles compliant with the requirements of Directive 2007/23/EC — National rules making the placing on the market of pyrotechnic articles subject to additional requirements — Obligation to make a prior notification before a national body entitled to review and modify instructions for use of pyrotechnic articles
Language of the case: German
Case C-290/15 D'Oultremont and Others v Région wallonne
Reference for a preliminary ruling — Assessment of the effects of certain plans and programmes on the environment — Directive 2001/42/EC — Articles 2(a) and 3(2)(a) — Definition of ‘plans and programmes’ — Conditions concerning the installation of wind turbines laid down by a regulatory order — Provisions concerning, inter alia, safety, inspection, site restoration and financial collateral and permitted noise levels set having regard to area use
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
Case C-292/15 Hörmann Reisen v Stadt Augsburg and Landkreis Augsburg
Reference for a preliminary ruling — Public procurement — Public passenger transport services by bus — Regulation (EC) No 1370/2007 — Article 4(7) — Subcontracting — Requirement that the operator perform a major part of the public passenger transport services itself — Scope — Article 5(1) — Contract-award procedure — Award of the contract in accordance with Directive 2004/18/EC
Request for a preliminary ruling from the Vergabekammer Südbayern
Language of the case: German
Case C-428/15 Child and Family Agency v D.
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 15 — Transfer of a case to a court of another Member State — Scope — Conditions under which applicable — Court better placed — Best interests of the child
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
Case C-439/16 PPU Criminal proceedings against Milev
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in criminal matters — Directive 2016/343/EU — Articles 3 and 6 — Temporal application — Review by the courts of the remand in custody pending trial of an accused — National legislation prohibiting, during the trial stage of the proceedings, inquiry into whether there are reasonable grounds to suspect that the accused has committed an offence — Incompatibility with Article 5(1)(c) and (4) of the European Convention on Human Rights — Discretion left by the national case-law to the national courts to decide whether or not to apply that convention
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Information (on unpublished decisions)
Case C-426/15 P Diputación Foral de Bizkaia v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — State aid — Article 108(3) TFEU — Commission decision declaring aid to be unlawful — No prior notification — Determination of the date of award of the aid — Agreements granting aid — Unconditional commitment to award aid — Taking into account of national legislation — Formal investigation procedure — Principle of sound administration — Rights of the defence
Case C-583/15 Commission v Portugal
Failure of a Member State to fulfil obligations — Transport policy — Regulation (EC) No 1071/2009 — Road Transport — Administrative simplification and cooperation — Article 16(1) and (5) — National electronic register of road transport undertakings — Interconnection of national electronic registers
Case C-23/16 Commission v Poland
Failure of a Member State to fulfil obligations — Regulation (EC) No 1071/2009 — Common rules concerning the conditions to be complied with to pursue the occupation of road transport operator — Article 16(1) and (5) — National electronic register of road transport undertakings — Lack of interconnection with the electronic registers of other Member States
Case C-242/15 P Land Hessen v Commission
Appeal — State aid — State measures concerning the establishment of a sawmill in the Land of Hessen — Decision finding no State aid — Failure to initiate the formal investigation procedure — Serious difficulties — Calculation of the aid element of State guarantees — Commission Notice on State aid in the form of guarantees
Case C-285/16 P Grupo Bimbo v EUIPO
Appeal — Rules of Procedure of the Court of Justice — Article 181 — EU trade mark — Application for registration of the word mark BIMBO — Rejection of application — Absolute grounds for refusal — Descriptive character — Regulation (EC) No 207/2009 — Article 7(1)(c)
Case C-406/16 P(R) EMA v Pari Pharma
Appeal — Order for interim measures — Suspension of operation of a measure challenged before the General Court — Change in circumstances — Access to documents — Regulation (EC) No 1049/2001 — Documents held by the European Medicines Agency (EMA) submitted as part of an application for authorisation to place a medicinal product on the market — Decision to grant a third party access to the documents
Case C-313/16 P Médis v EUIPO
Appeal — Article 181 of the Rules of Procedure — Signed original of the application — Lodgement out of time — Handwritten signature — Defect capable of being rectified — Appeal manifestly unfounded
Case C-637/15 P VSM Geneesmiddelen v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Public health — Consumer protection — Regulation (EC) No 1924/2006 — Health claims on foods — Article 13(3) — Community list of permitted health claims on foods — Botanical substances — Claims on hold — Action for failure to act and for annulment — Definition of position by the European Commission — Challengeable act
Joined Cases C-369/15 to C-372/15 Siderúrgica Sevillana and Others v Administración del Estado
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — System for greenhouse gas emission allowance trading in the European Union — Directive 2003/87/EC — Article 10a — Method for allocating quotas free of charge — Calculation of the uniform cross-sectoral correction factor — Decision 2013/448/EU — Article 4 — Annex II — Validity — Application of the uniform cross-sectoral correction factor to plants in sectors subject to a high risk of carbon leaks — Decision 2-11/278/EU — Article 10(9) — Validity
Case C-575/15 P Inditex v EUIPO
Appeal — EU trade mark — Marque verbale ZARA — Services de transport — Genuine use — Revocation proceedings — Regulation (EC) No 207/2009 — Article 51(1)(a) — Distortion of the evidence — Rights of defence
Joined Cases C-10/16 to C-12/16 Ignazio Messina & C. v Ministero delle Infrastrutture e dei Trasporti and Others
Reference for a preliminary ruling — Article 94 of the Rules of Procedure of the Court — Decision to refer — Insufficient information regarding the legal and factual context — Insufficient information regarding the reasons justifying the need for an answer to the questions referred for a preliminary ruling for the purposes of resolving a dispute in the main proceedings — Article 53(2) of the Rules of Procedure of the Court — Manifest inadmissibility
Case C-537/14 P Debonair Trading Internacional v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) and (5) — Figurative mark including the word elements ‘SO’BiO ētic’ — Opposition by the proprietor of the EU and national word and figurative marks including the word element ‘SO…?’ — Refusal of registration
Case C-526/15 Uber Belgium v Taxi Radio Bruxellois
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Inadmissibility — Transportation of persons by motor vehicles — Private drivers using a smart phone application to connect them to people wishing to travel within urban areas — Requirement to hold an operating permit
Case C-272/16 P Tayto Group v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Opposition proceedings — Application for registration of the figurative mark REAL HAND COOKED — Rejection of the application for registration
November 2016
Case C-554/14 Criminal proceedings against Ognyanov
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2008/909/JHA — Article 17 — Law governing the enforcement of a sentence — Interpretation of a national rule of the executing State providing for reduction of a custodial sentence on account of work carried out by the sentenced person while detained in the issuing State — Legal effects of framework decisions — Obligation to interpret national law in conformity with EU law
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
Case C-41/15 Dowling and Others v Minister for Finance
Regulation (EU) No 407/2010 — European Financial Stabilisation Mechanism — Implementing Decision 2011/77/EU — European Union financial assistance to Ireland — Recapitalisation of national banks — Company law — Second Directive 77/91/EEC — Articles 8, 25 and 29 — Recapitalisation of a bank by means of judicial direction order — Increase in share capital without general meeting decision and without the shares issued being offered on a pre-emptive basis to existing shareholders — Issue of new shares at a price lower than their nominal value
Request for a preliminary ruling from the High Court (Irland)
Language of the case: English
Case C-43/15 P BSH v EUIPO
Appeal — EU trade mark — Application for registration of a figurative mark including the word elements ‘compressor technology’ — Opposition of the proprietor of the word marks KOMPRESSOR PLUS and KOMPRESSOR — Partial refusal of registration — Regulation (EC) No 207/2009 — Article 60 — Regulation (EC) No 216/96 — Article 8(3) — ‘Ancillary’ appeal — Regulation (EC) No 40/94 — Article 8(1)(b) — Weak distinctive character of the earlier national marks — Likelihood of confusion
Language of the case: German
Case C-243/15 Lesoochranárske zoskupenie VLK v Obvodný úrad Trenčín
Reference for a preliminary ruling — Environment — Directive 92/43/EEC — Conservation of natural habitats — Article 6(3) — Aarhus Convention — Public participation in decision-making and access to justice in environmental matters — Articles 6 and 9 — Charter of Fundamental Rights of the European Union — Article 47 — Right to effective judicial protection — Project to construct an enclosure — Protected site ‘Strážovské vrchy’ — Administrative authorisation procedure — Environmental organisation — Request for the status of party to the procedure — Rejection — Legal action
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
Case C-448/14 Davitas v Stadt Aschaffenburg
Reference for a preliminary ruling — Novel foods and novel food ingredients — Regulation (EC) No 258/97 — Article 1(2)(c) — Concept of foods and food ingredients with a new primary molecular structure
Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
Case C-42/15 Home Credit Slovakia v Bíróová
Reference for a preliminary ruling — Directive 2008/48/EC — Consumer protection — Consumer credit — Article 1, Article 3(m), Article 10(1) and (2), Article 22(1) and Article 23 — Interpretation of the expressions ‘on paper’ and ‘on another durable medium’ — Contract referring to another document — Requirement for the agreement to be in ‘written form’ within the meaning of national law — Indication of information required by reference to objective criteria — Information to be included in a fixed-term credit agreement — Effect of failure to include mandatory information — Proportionality
Request for a preliminary ruling from the Okresný súd Dunajská Streda
Language of the case: Slovak
Case C-149/15 Wathelet v Garage Bietheres & Fils
Reference for a preliminary ruling — Directive 1999/44/EC — Sale of consumer goods and associated guarantees — Scope — Concept of ‘seller’ — Intermediary — Exceptional circumstances
Request for a preliminary ruling from the Cour d'appel de Liège
Language of the case: French
Case C-212/15 ENEFI v DGRFP Brașov
Reference for a preliminary ruling — Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 4 — Effects provided for by legislation of a Member State on claims which were not pursued by means of insolvency proceedings — Forfeiture — Fiscal nature of the claim — No effect — Article 15 — Concept of ‘lawsuits pending’ — Enforcement proceedings — Excluded
Request for a preliminary ruling from the Tribunalul Mureș
Language of the case: Romanian
Case C-449/14 P DTS Distribuidora de Televisión Digital v Commission
Appeal — State aid — State aid scheme in favour of the national public broadcast organisation — Public service obligations — Set-off — Article 106(2) TFEU — Decision declaring the aid scheme compatible with the internal market — Alteration of the method of financing — Tax measures — Tax imposed on pay-television operators — Decision declaring the amended aid scheme compatible with the internal market — Taking into account of the method of financing — Existence of hypothecation between the tax and the aid scheme — Direct impact of the revenue from the tax on the amount of the aid — Coverage of the net costs of fulfilling the public service mandate — Competitive relationship between the person liable to pay the tax and the beneficiary of the aid — Distortion of national law
Language of the case: Spanish
Case C-504/14 Commission v Greece
Failure of a Member State to fulfil obligations — Environment — Nature conservation — Directive 92/43/EEC — Article 6(2) and (3) and Article 12(1)(b) and (d) — Wild fauna and flora — Conservation of natural habitats — Sea turtle Caretta caretta — Protection of sea turtles in the Gulf of Kyparissia — ‘Dunes of Kyparissia’ Site of Community importance — Protection of species
Language of the case: Greek
Case C-30/15 P Simba Toys v EUIPO
Appeal — European Union trade mark — Three-dimensional mark in the shape of a cube with surfaces having a grid structure — Application for a declaration of invalidity — Rejection of the application for a declaration of invalidity
Language of the case: English
Case C-156/15 Private Equity Insurance Group v Swedbank
Reference for a preliminary ruling — Directive 2002/47/EC — Scope — Definition of ‘financial collateral’, ‘relevant financial obligations’ and ‘provision’ of financial collateral — Whether it is possible to enforce financial collateral notwithstanding the commencement of insolvency proceedings — Current account agreement including a financial collateral clause
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
Case C-174/15 Vereniging Openbare Bibliotheken v Stichting Leenrecht
Reference for a preliminary ruling — Copyright and related rights — Rental right and lending right in respect of copyright works — Directive 2006/115/EC — Article 1(1) — Lending of copies of works — Article 2(1) — Lending of objects — Lending of a digital copy of a book — Public libraries
Request for a preliminary ruling from the Rechtbank Den Haag
Language of the case: Dutch
Case C-199/15 Ciclat v Consip and Autorità per la Vigilanza sui Contratti Pubblici di lavori, servizi e forniture
Reference for a preliminary ruling — Directive 2004/18/EC — Article 45 — Articles 49 TFEU and 56 TFEU — Public procurement — Conditions for exclusion from a procedure for the award of public works contracts, public supply contracts and public service contracts — Obligations relating to the payment of social security contributions — Social security contributions payment certificate — Correction of irregularities
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-297/15 Ferring Lægemidler v Orifarm
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 7(2) — Medicinal products — Parallel import — Partitioning of the markets — Need for the repackaging of the product bearing the mark — Medicinal product placed on the exporting market and importing market by the trade mark proprietor with the same kind of packaging
Request for a preliminary ruling from the Sø- og Handelsretten
Language of the case: Danish
Joined Cases C-313/15 and C-530/15 Eco-Emballages v Sphère France and Others and Melitta France and Others v Ministre de l’Écologie, du Développement durable et de lʼÉnergie
Reference for a preliminary ruling — Environment — Directive 94/62/EC — Article 3 — Packaging and packaging waste — Definition — Rolls, tubes and cylinders around which flexible material is wound (‘Roll cores’) — Directive 2013/2/EU — Validity — Amendment by the European Commission of the list of examples of packaging set out in Annex I to Directive 94/62/EC — Misinterpretation of the term ‘packaging’ — Misuse of implementing powers
Requests for a preliminary ruling from the Tribunal de commerce de Paris and the Conseil d'État
Language of the case: French
Case C-432/15 Odvolací finanční ředitelství v Baštová
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Article 2(1)(c) — Concept of ‘supply of services for consideration’ — Supply of a horse by a taxable person to the organiser of horse races — Assessment of the consideration — Right to deduct expenses linked to the preparation of the taxable person’s horses for the races — General costs linked to the overall economic activity — Annex III, point 14 — Reduced rate of VAT applicable to the use of sporting facilities — Applicability to the operation of racing stables — Transaction consisting of a single supply or several independent supplies)
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-548/15 de Lange v Staatssecretaris van Financiën
Reference for a preliminary ruling — Social policy — Principles of equal treatment and of non-discrimination on grounds of age — Directive 2000/78/EC — Equal treatment in employment and occupation — Articles 2, 3 and 6 — Scope — Difference in treatment on grounds of age — National legislation capping deductions of training costs incurred after a certain age — Access to vocational training
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-452/16 PPU Openbaar Ministerie v Poltorak
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 1(1) — Concept of ‘judicial decision’ — Article 6(1) — Concept of ‘issuing judicial authority’ — European arrest warrant issued by the Rikspolisstyrelsen (National Police Board, Sweden) with a view to executing a custodial sentence
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-453/16 PPU Openbaar Ministerie v Özçelik
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 8(1)(c) — Concept of ‘arrest warrant’ — Autonomous concept of EU law — National arrest warrant issued by a police service and confirmed by a public prosecutor for the purpose of criminal proceedings
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-477/16 PPU Openbaar Ministerie v Kovalkovas
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 1(1) — Concept of ‘judicial decision’ — Article 6(1) — Concept of ‘issuing judicial authority’ — European arrest warrant issued by the Ministry of Justice of the Republic of Lithuania with a view to executing a custodial sentence
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-258/15 Salaberria Sorondo v Academia Vasca de Policía y Emergencias
Reference for a preliminary ruling — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 2(2) and Article 4(1) — Discrimination on grounds of age — Recruitment of police officers of the Autonomous Community of the Basque Country restricted to candidates under 35 years of age — Concept of ‘genuine and determining occupational requirement’ — Objective pursued — Proportionality
Request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco
Language of the case: Spanish
Case C-268/15 Ullens de Schooten v État belge
Reference for a preliminary ruling — Fundamental freedoms– Articles 49, 56 and 63 TFEU — Situation confined in all respects within a single Member State — Non-contractual liability of a Member State for damage caused to individuals by breaches of EU law for which the national legislature and courts are to be held responsible
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
Case C-2/15 DHL Express (Austria) v Post-Control-Kommission and Bundesminister für Verkehr, Innovation und Technologie
Reference for a preliminary ruling — Directive 97/67/EC — Article 9 — Postal services in the European Union — Obligation to make a financial contribution to the operational costs of the postal sector’s regulatory authority — Scope
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-301/15 Soulier and Doke v Premier ministre and Ministre de la Culture et de la Communication
Reference for a preliminary ruling — Intellectual and industrial property rights — Directive 2001/29/EC — Copyright and related rights — Articles 2 and 3 — Rights of reproduction and communication to the public — Scope — ‘Out-of-print’ books which are not or no longer published — National legislation giving a collecting society rights to exploit out-of-print books for commercial purposes — Legal presumption of the authors’ consent — Lack of a mechanism ensuring authors are actually and individually informed
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-316/15 Hemming and Others v Westminster City Council
Reference for a preliminary ruling — Freedom to provide services — Directive 2006/123/EC — Article 13(2) — Authorisation procedures — Concept of charges which may be incurred
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
Case C-417/15 Schmidt v Schmidt
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EU) No 1215/2012 — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Scope — First subparagraph of Article 24(1) — Exclusive jurisdiction in matters relating to rights in rem in immovable property — Article 7(1)(a) — Special jurisdiction in matters relating to a contract — Action seeking the avoidance of a contract of gift of immovable property and the removal of an entry in the land register evidencing a right of ownership
Request for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien
Language of the case: German
Case C-216/15 Betriebsrat der Ruhrlandklinik v Ruhrlandklinik
Reference for a preliminary ruling — Directive 2008/104/EC — Temporary agency work — Scope — Concept of ‘worker’ — Concept of ‘economic activities’ — Nursing staff who do not have a contract of employment assigned to a health care institution by a not-for-profit association
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-348/15 Stadt Wiener Neustadt v Niederösterreichische Landesregierung
Reference for a preliminary ruling — Assessment of the effects of certain public and private projects on the environment — Directive 85/337/EEC — Directive 2011/92/EU — Scope — Concept of ‘specific act of national legislation’ — No environmental impact assessment — Definitive authorisation — Legislative regularisation a posteriori of the lack of environmental impact assessment — Principle of cooperation — Article 4 TEU
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-673/13 P Commission v Stichting Greenpeace Nederland and PAN Europe
Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Environment — Aarhus Convention — Regulation (EC) No 1367/2006 — Article 6(1) — Risk of an adverse effect on the commercial interests of a natural or legal person — Concept of ‘information relating to emissions into the environment’ — Documents relating to the authorisation procedure for an active substance contained in plant protection products — Active substance glyphosate
Language of the case: English
Case C-442/14 Bayer CropScience and Stichting De Bijenstichting v College voor de toelating van gewasbeschermingsmiddelen en biociden
Reference for a preliminary ruling — Environment — Aarhus Convention — Directive 2003/4/CE — Article 4(2) — Public access to information — Concept of ‘information relating to emissions into the environment’ — Directive 91/414/EEC — Directive 98/8/EC — Regulation (EC) No 1107/2009 — Placing of plant protection products and biocides on the market — Confidentiality — Protection of industrial and commercial interests
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
Case C-177/15 Nelsons v Ayonnax Nutripharm and Bachblütentreff
Reference for a preliminary ruling — Consumer information and protection — Regulation (EC) No 1924/2006 — Nutrition and health claims made on foods — Transitional measures — Article 28(2) — Products bearing trade marks or brand names existing before 1 January 2005 — ‘Bach flower’ remedies — European Union mark RESCUE — Products marketed as medicinal products before 1 January 2005 and as foodstuffs after that date
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-461/14 Commission v Spain
Failure of a Member State to fulfil obligations — Directive 2009/147/EC — Conservation of wild birds — Special protection areas — Directive 85/337/EEC — Assessment of the effects of certain public and private projects on the environment — Directive 92/43/EEC — Conservation of natural habitats
Language of the case: Spanish
Case C-464/14 SECIL v Fazenda Pública
Reference for a preliminary ruling — Free movement of capital — Articles 63 to 65 TFEU — EC-Tunisia Association Agreement — Articles 31, 34 and 89 — EC-Lebanon Association Agreement — Articles 31, 33 and 85 — Corporation tax — Dividends received by a company established in the Member State of the beneficiary company — Dividends received from a company established in a non-member State which is party to the association agreement — Difference of treatment — Restriction — Justification — Efficacy of fiscal supervision — Possibility of relying on Article 64 TFEU in relation to the EC-Tunisia and EC-Lebanon association agreements
Request for a preliminary ruling from the Tribunal Tributário de Lisboa
Language of the case: Portuguese
Case C-443/15 Parris v Trinity College Dublin and Others
Reference for a preliminary ruling — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 2 — Prohibition of discrimination on grounds of sexual orientation and age — National pension scheme — Payment of a survivor’s benefit to the civil partner — Condition — Partnership contracted before the 60th birthday of the member of the scheme — Civil partnership — Not possible in the Member State concerned before 2010 — Existing stable relationship — Article 6(2) — Justification of differences of treatment on grounds of age
Request for a preliminary ruling from the Labour Court, Ireland
Language of the case: English
Case C-454/15 Webb-Sämann v Seagon
Reference for a preliminary ruling — Social policy — Directive 2008/94/EC — Article 8 — Protection of employees in the event of the insolvency of their employer — Provisions related to social security — Scope — Measures necessary to protect immediate or prospective entitlements of employees under supplementary pension schemes — Obligation to provide for a right to have outstanding pension contributions excluded from the scope of insolvency proceedings — Absence
Request for a preliminary ruling from the Hessisches Landesarbeitsgericht
Language of the case: German
Case C-645/15 Bund Naturschutz in Bayern and Wilde v Freistaat Bayern
Reference for a preliminary ruling — Environment — Assessment of the effects of certain public and private projects on the environment — Directive 2011/92/EU — Project subject to assessment — Annex I, point 7 — European Agreement on Main International Traffic Arteries (AGR) — Widening of a road with four lanes over a length of less than 10 km
Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
Case C-662/15 Lohmann & Rauscher International v BIOS Medical Services
Reference for a preliminary ruling — Approximation of laws — Directive 93/42/EEC — Medical devices — Class I device (sterile wound dressings) which has been the subject of a conformity assessment procedure by the manufacturer — Parallel imports — Addition to the labelling of information relating to the importer — Supplementary conformity assessment procedure
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-486/15 P Commission v France and Orange
Appeal — State aid — Financial measures for France Télécom — Shareholder loan offer — Public statements by representatives of the French State — Decision declaring the aid incompatible with the common market — Definition of ‘aid’ — Concept of ‘economic advantage’ — Prudent private investor criterion — Obligation of the General Court to state reasons — Limits of judicial review — Distortion of the decision at issue
Language of the case: French
Information (on unpublished decisions)
Case C-361/16 P Franmax v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the figurative mark including the word element ‘dino’ — Partial rejection of the opposition
Case C-446/15 Signum Alfa Sped v Nemzeti Adó- és Vámhivatal Kiemelt Adó- és Vám Főigazgatóság
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Taxation — Value added tax — Directive 2006/112/EC — Right of deduction — Refusal — Issuer of the invoice considered not to have been the real supplier of the invoiced services — Obligation on the taxable person to carry out checks
Case C-590/15 P Brouillard v Court of Justice of the European Union
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Public service contracts — Negotiated tender procedure for the conclusion of framework contracts for the translation of legal texts — Exclusion of a proposed subcontractor — Professional competence — Requirement of full legal training — Recognition of diplomas
Case C-697/15 MB v SMAT
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Public contracts — Directive 2004/18/EC — Directive 2014/24/EU — Participation in a call for tenders — Tenderer having omitted to mention in the tender the undertaking’s charges in relation to safety and security at work — That obligation created by case-law — Exclusion from the tendering procedure without the possibility of remedying that omission
Case C-140/16 Edra Costruzioni and Edilfac v Comune di Maiolati Spontini
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Public procurement — Directive 2004/18/EC — Directive 2014/24/EU — Participation in a tendering procedure — Tenderer having failed to refer in the tender to the business charges relating to safety and security at work — Judicial obligation to include such a reference — Exclusion from the contract without the possibility of rectifying that omission
Case C-162/16 Spinosa Costruzioni Generali and Melfi v Comune di Monteroduni
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Public procurement — Directive 2004/18/EC — Directive 2014/24/EU — Participation in a tendering procedure — Tenderer having failed to refer in the tender to the business charges relating to safety and security at work — Judicial obligation to include such a reference — Exclusion from the contract without the possibility of rectifying that omission
Case C-321/16 Harmon v Pardue
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Preamble and Articles 6, 20, 41, 47 and 48 — Powers of the national criminal prosecution authorities — Failure to implement EU law — Article 53(2) of the Rules of Procedure of the Court — Clear lack of jurisdiction of the Court
Case C-351/16 P 100 % Capri Italia v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Figurative mark containing the word elements “100% Capri” — Opposition from the proprietor of the figurative mark containing the word element “CAPRI” — Annulment by the General Court of the initial decision of the First Board of Appeal refusing registration — Decision of the Second Board of Appeal refusing registration in part
Case C-222/16 MIP-TS v Nachalnik na Mitnitsa Varna
Reference for a preliminary ruling — Commercial policy — Regulation (EC) No 1225/2009 — Article 13 — Circumvention — Implementing Regulation (EU) No 791/2011 — Open mesh fabrics of glass fibres originating in the People’s Republic of China — Anti-dumping duties — Implementing Regulations (EU) No 437/2012 and (EU) No 21/2013 — Consignment from Thailand — Extension of anti-dumping duties — Temporal scope — Community Customs Code — Post-clearance recovery of import duties
Case C-389/16 P BSH Hausgeräte v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Invalidity proceedings — Word mark AROMA — Regulation (EC) No 207/2009 — Article 52(1)(a) and Article 7(1)(b) and (c) — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-314/15 Commission v France
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Treatment of urban waste water — Article 4(1) and (3) — Secondary treatment or equivalent treatment
Joined Cases C-408/15 P and C-409/15 P Ackermann Saatzucht and Others v Parliament and Council
Appeals — Action for annulment — Fourth paragraph of Article 263 TFEU — Right to bring an action — Locus standi — Act of individual concern to natural or legal persons by reason of ‘certain attributes which are peculiar to them’ — Regulation (EU) No 511/2014 — Measures concerning compliance by users in the Union with the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation — Regulation (EC) No 2100/94 — Limitation of the effects of Community plant variety rights — Breeders’ exemption
Case C-137/16 P Petraitis v Commission
Appeal — Article 181 of the Rules of Procedure — Actions for failure to act — Failure on the part of the European Commission to initiate the procedure for failure to fulfil obligations against a Member State — Application for an injunction to be imposed on the Commission — Manifest inadmissibility
Case C-379/16 P European Dynamics Luxembourg and Others v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Public service contracts — Software development and maintenance services — Misinterpretation of the arguments and distortion of the evidence submitted by the other party to the proceedings before the General Court
Case C-450/16 P U-R LAB v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the figurative and word marks THE DINING EXPERIENCE — Absolute ground for refusal — No distinctive character — Regulation (EC) No 207/2009 — Article 7(1)(b) — Dismissal of application
Case C-345/16 Jacob and Lennertz v État belge
Reference for a preliminary ruling — Legislative and factual background to the case in the main proceedings — Insufficient information — Manifestly inadmissible — Article 53(2) — Article 94 of the Court’s Rules of Procedure
December 2016
Case C-395/15 Daouidi v Bootes Plus and Others
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Articles 1 to 3 — Prohibition of all discrimination based on a disability — Whether a ‘disability’ exists — Concept of ‘long-term physical, mental, intellectual or sensory impairments’ — Charter of Fundamental Rights of the European Union — Articles 3, 15, 21, 30, 31, 34 and 35 — Dismissal of a worker who is temporarily unable to work, within the definition of national law, for an indeterminate period of time
Request for a preliminary ruling from the Juzgado de lo Social de Barcelona
Language of the case: Spanish
Case C-686/15 Vodoopskrba i odvodnja v Klafurić
Reference for a preliminary ruling — Environment — Directive 2000/60/EC — Framework for an EU water policy — Recovery of the costs of services connected with water use — Calculation of the amount due from the consumer — Variable component related to actual consumption and fixed component independent of that consumption
Request for a preliminary ruling from the Općinski sud u Velikoj Gorici
Language of the case: Croatian
Case C-127/15 Verein für Konsumenteninformation v INKO
Reference for a preliminary ruling — Directive 2008/48/EC — Consumer protection — Consumer credit — Article 2(2)(j) — Rescheduling agreements — Deferred payment, free of charge — Article 3(f) — Credit intermediaries — Debt recovery companies acting on behalf of lenders
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-208/15 Stock ’94 v Nemzeti Adó- és Vámhivatal Dél-dunántúli Regionális Adó Főigazgatósága
Reference for a preliminary ruling — Value added tax — Directive 2006/112/EC — Integrated cooperation — Grant of financing and supplies of current assets necessary for agricultural production — Single, complex supply — Distinct and independent supplies — Ancillary supply and principal supply
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-453/15 Criminal proceedings against A and B
Reference for a preliminary ruling — Taxation — VAT — Directive 2006/112/EC — Article 56 — Place where services are supplied — Concept of ‘similar rights’ — Transfer of greenhouse gas emission allowances
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Joined Cases C-532/15 and C-538/15 Eurosaneamientos and Others v ArcelorMittal Zaragoza and de Bolós Pi v Urbaser
Reference for a preliminary ruling — Services provided by Procuradores de los Tribunales — Tariff — Jurisdictions — Derogation impossible
References for a preliminary ruling from the Audiencia Provincial de Zaragoza and Juzgado de Primera Instancia de Olot
Language of the case: Spanish
Case C-553/15 Undis Servizi v Comune di Sulmona
Request for a preliminary ruling — Public supply contracts — Award of the contract without initiating a tendering procedure — So-called ‘in-house’ award — Conditions — Similar control — Performance of the essential activity — Successful public capital tendering company owned by several local authorities — Activity also carried out for the benefit of local authorities which are not shareholders — Activity imposed by a public authority which is not a shareholder
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-600/15 Staatssecretaris van Financiën v Lemnis Lighting
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Customs union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Headings 8539, 8541, 8543, 8548 and 9405 — Light-emitting diode bulbs (LED)
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-171/15 Connexxion Taxi Services v Staat der Nederlanden (Ministerie van Volksgezondheid, Welzijn en Sport) and Others
Reference for a preliminary ruling — Public service contracts — Directive 2004/18/EC — Article 45(2) — Personal situation of the candidate or tenderer — Optional grounds of exclusion — Grave professional misconduct — National legislation providing for a case-by-case assessment in accordance with the principle of proportionality — Decisions of the contracting authorities — Directive 89/665/EEC — Judicial review
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-238/15 Bragança Linares Verruga and Others v Ministre de l'Enseignement supérieur et de la recherche
Reference for a preliminary ruling — Freedom of movement of persons — Equal treatment — Social advantages — Regulation (EU) No 492/2011 — Article 7(2) — Financial aid for higher education studies — Students not residing in the territory of the Member State concerned subject to the condition that they be the children of workers who have been employed or who have pursued their professional activity in that Member State for a continuous period of at least five years — Indirect discrimination — Justification — Objective of increasing the proportion of residents with a higher education degree — Whether appropriate — Proportionality
Request for a preliminary ruling from the Tribunal administratif
Language of the case: French
Case C-378/15 Mercedes Benz Italia v Agenzia delle Entrate Direzione Provinciale Roma 3
Reference for a preliminary ruling — Taxation — Value added tax — Directive 77/388/EEC — Article 17(5), third subparagraph, point (d) — Scope — Application of a deductible proportion to the value added tax charged on the acquisition of all goods and services used by a taxable person — Incidental transactions — Use of turnover as an indicator
Request for a preliminary ruling from the Commissione Tributaria Regionale di Roma
Language of the case: Italian
Case C-577/15 P SV Capital v EBA
Appeal — Application to initiate an investigation into the Estonian and Finnish supervisory authorities — Decision of the European Banking Authority (EBA) — Board of Appeal decision of the European Supervisory Authorities — Regulation (EU) No 1093/2010 — Articles 17 and 60 — Board of Appeal — Period allowed for commencing proceedings — Excusable error
Language of the case: English
Case C-256/15 Nemec v Republika Slovenija
Reference for a preliminary ruling — Directive 2000/35/EC — Combating late payment — Jurisdiction of the Court — Transaction concluded before the accession of the Republic of Slovenia to the European Union — Scope — Concept of ‘commercial transaction’ — Concept of ‘undertaking’ — Maximum amount of interest for late payment
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
Joined Cases C-401/15 to C-403/15 Depesme and Others v Ministre de l'Enseignement supérieur et de la recherche
Reference for a preliminary ruling — Freedom of movement of persons — Worker’s rights — Equal treatment — Social advantages — Financial aid for the pursuit of higher education studies — Requirement of a parent-child relationship — Concept of ‘child’ — Child of a spouse or registered partner — Contribution towards the maintenance of that child
References for a preliminary ruling from the Cour administrative (Luxembourg)
Language of the case: French
Case C-558/15 Vieira de Azevedo and Others v CED Portugal Unipessoal and Instituto de Seguros de Portugal - Fundo de Garantia Automóvel
Reference for a preliminary ruling — Insurance against civil liability in respect of the use of motor vehicles and enforcement of the obligation to insure against such liability — Directive 2000/26/EC — Article 4(5) — Insurance undertaking — Claims representative — Sufficient powers of representation — Notifications of proceedings before the courts
Request for a preliminary ruling from the Tribunal da Relação do Porto
Language of the case: Portuguese
Case C-667/15 Loterie Nationale – Nationale Loterij van publiek recht v Adriaensen and Others
Reference for a preliminary ruling — Directive 2005/29/EC — Unfair business-to-consumer commercial practices — Misleading commercial practice — Pyramid promotional scheme — Contributions paid by new members and compensation received by existing members — Indirect financial link
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
Case C-700/15 LEK v Republika Slovenija
Reference for a preliminary ruling — Combined Nomenclature — Classification of goods — Food supplements falling under heading 2106 — Active ingredient as the essential component — Possible classification in Chapter 30 of the Combined Nomenclature — Goods presented and marketed as medicinal products
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
Case C-503/14 Commission v Portugal
Failure of a Member State to fulfil obligations — Articles 21 TFEU, 45 TFEU and 49 TFEU — Articles 28 and 31 of the Agreement on the European Economic Area — Freedom of movement for persons — Freedom of movement for workers — Freedom of establishment — Taxation of natural persons on capital gains resulting from a share exchange — Taxation of natural persons on capital gains resulting from a transfer of all the assets used in the exercise of a business or professional activity — Exit taxation of individuals — Immediate recovery of taxation — Difference in treatment between natural persons who exchange shares and maintain their residence in the national territory and those who make such an exchange and transfer their residence to the territory of another Member State of the European Union or the European Economic Area — Difference in treatment between natural persons transferring all the assets related to an activity carried out on an individual basis to a company with its head office and effective management in Portugal and those who carry out such a transfer to a company with its head office or its effective management in the territory of another Member State of the European Union or of the European Economic Area — Proportionality
Language of the case: Portuguese
Case C-524/14 P Commission v Hansestadt Lübeck
Appeal — State aid — Airport charges — Article 108(2) TFEU — Fourth paragraph of Article 263 TFEU — Decision to initiate the formal investigation procedure — Admissibility of an action for annulment — Person individually concerned — Legal interest in bringing proceedings — Article 107(1) TFEU — Condition relating to selectivity
Language of the case: German
Case C-593/14 Masco Denmark and Damixa v Skatteministeriet
Reference for a preliminary ruling — Freedom of establishment — Tax legislation concerning thin capitalisation of subsidiaries — Inclusion in the taxable income of a lending company of the loan interest paid by a non-resident borrowing subsidiary — Tax exemption for interest paid by a resident borrowing subsidiary — Balanced allocation between Member States of the power to impose taxes — Need to prevent the risk of tax avoidance
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
Case C-20/15 P Commission v World Duty Free Group and Others
Appeal — State aid — Article 107(1) TFEU — Tax system — Corporation tax — Deduction — Amortisation of goodwill resulting from acquisitions by undertakings resident for tax purposes in Spain of shareholdings of at least 5% in undertakings resident for tax purposes outside Spain — Concept of ‘State aid’ — Condition relating to selectivity
Language of the case: Spanish
Case C-51/15 Remondis v Region Hannover
References for a preliminary ruling — Article 4(2) TEU — Respect for the national identity of Member States inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government — Internal organisation of the Member States — Regional authorities — Legal instrument creating a new public-law entity and organising the transfer of powers and responsibilities for the performance of public tasks — Public procurement — Directive 2004/18/EC — Article 1(2)(a) — Concept of ‘public contract’
Request for a preliminary ruling from the Oberlandesgericht Celle
Language of the case: German
Case C-76/15 Vervloet and Others v Ministerraad
Reference for a preliminary ruling — State aid — Aid implemented by the Kingdom of Belgium in favour of ARCO Group financial cooperatives — Deposit guarantee schemes — Directive 94/19/EC — Scope — Guarantee scheme protecting the shares of individual members, being natural persons, of cooperatives operating in the financial sector — Not included — Articles 107 TFEU and 108 TFEU — Commission decision declaring the aid incompatible with the internal market
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
Case C-119/15 Biuro podróży 'Partner' v Prezes Urzędu Ochrony
References for a preliminary ruling — Directive 93/13/EEC — Directive 2009/22/EC — Consumer protection — Erga omnes effect of unfair terms entered in a public register — Financial penalty imposed on a seller or supplier having used a term held to be equivalent to a term in the register — Seller or supplier who was not a party to the proceedings giving rise to the declaration that the term in question was unfair — Article 47 of the Charter of Fundamental Rights of the European Union — Concept of ‘court or tribunal against whose decisions there is no judicial remedy under national law’
Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie
Language of the case: Polish
Case C-131/15 P Club Hotel Loutraki and Others v Commission
Appeal — State aid — Operation of Video Lottery Terminals — Grant by a Member State of an exclusive licence — Decision finding no State aid — Article 108(3) TFEU — Regulation (EC) No 659/1999 — Articles 4, 7 and 13 — Failure to initiate the formal investigation procedure — Concept of ‘serious difficulties’ — Date of the assessment — Article 296 TFEU — Charter of Fundamental Rights of the European Union — Article 41 — Obligation to state reasons — Article 47 — Right to effective judicial protection — Article 107(1) TFEU — Concept of ‘economic advantage’ — Joint assessment of the measures notified
Language of the case: English
Joined Cases C-154/15 and C-307/15 Gutiérrez Naranjo v Cajasur Banco, Palacios Martínez v BBVA, Banco Popular Español v Irles López and Torres Andreu
References for a preliminary ruling — Directive 93/13/EEC — Consumer contracts — Mortgage loans — Unfair terms — Article 4(2) — Article 6(1) — Declaration of nullity — Limitation by the national court of the temporal effects of the declaration of nullity of an unfair term
Requests for a preliminary ruling from the Juzgado de lo Mercantil n° 1 de Granada and Audiencia Provincial de Alicante
Language of the case: Spanish
Joined Cases C-164/15 P and C-165/15 P Commission v Aer Lingus and Ryanair Designated Activity
Appeal — State aid — National tax on air transport– Application of differentiated rates — Lower rate for flights to destinations no more than 300 km from the national airport — Advantage — Selective nature — Assessment where the fiscal measure is likely to constitute a restriction on the freedom to provide services — Recovery — Excise duty
Language of the case: English
Case C-201/15 AGET Iraklis v Ypourgos Ergasias, Koinonikis Asfalisis kai Koinonikis Allilengyis
Reference for a preliminary ruling — Directive 98/59/EC — Approximation of the laws of the Member States relating to collective redundancies — Article 49 TFEU — Freedom of establishment — Charter of Fundamental Rights of the European Union — Article 16 — Freedom to conduct a business — National legislation conferring upon an administrative authority the power to oppose collective redundancies after assessing the conditions in the labour market, the situation of the undertaking and the interests of the national economy — Acute economic crisis — Particularly high national unemployment rate
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
Joined Cases C-203/15 and C-698/15 Tele2 Sverige and Secretary of State for the Home Department v Post- och telestyrelsen and Others
Reference for a preliminary ruling — Electronic communications — Processing of personal data — Confidentiality of electronic communications — Protection — Directive 2002/58/EC — Articles 5, 6 and 9 and Article 15(1) — Charter of Fundamental Rights of the European Union — Articles 7, 8 and 11 and Article 52(1) — National legislation — Providers of electronic communications services — Obligation relating to the general and indiscriminate retention of traffic and location data — National authorities — Access to data — No prior review by a court or independent administrative authority — Compatibility with EU law
Requests for a preliminary ruling from the Kammarrätten i Stockholm and the Court of Appeal (England & Wales) (Civil Division)
Languages of the case: Swedish and English
Case C-272/15 Swiss International Air Lines v The Secretary of State for Energy and Climate Change and Environment Agency
Reference for a preliminary ruling — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Obligation to surrender emission allowances in respect of flights between EU Member States and most third countries — Decision No 377/2013/EU — Article 1 — Temporary derogation — Exclusion of flights to and from airports situated in Switzerland — Difference of treatment of third countries — General principle of equal treatment — Inapplicable
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
Case C-327/15 TDC v Teleklagenævnet and Erhvervs- og Vækstministeriet
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/22/EC — Universal service — Articles 12 and 13 — Calculation of the cost of universal service obligations — Article 32 — Compensation for costs relating to additional mandatory services — Direct effect — Article 107(1) and Article 108(3) TFEU — Maritime radio safety and emergency services in Denmark and Greenland — National rules — Submission of an application for compensation for costs relating to additional mandatory services — Three-month time limit — Principles of equivalence and effectiveness)
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-355/15 Bietergemeinschaft Technische Gebäudebetreuung und Caverion Österreich v Universität für Bodenkultur Wien and VAMED
Reference for a preliminary ruling — Public procurement — Directive 89/665/EEC — Review procedures in the area of public procurement — Article 1(3) — Legal interest in bringing proceedings — Article 2a(2) — Concept of a ‘tenderer concerned’ — Right of a tenderer definitively excluded by the contracting authority to seek review of a subsequent award decision
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-444/15 Associazione Italia Nostra Onlus v Comune di Venezia and Others
Reference for a preliminary ruling — Environment — Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Article 3(3) — Plans and programmes which require an environmental assessment only where the Member States determine that they are likely to have significant environmental effects — Validity in the light of the TFEU and the Charter of Fundamental Rights of the European Union — Meaning of use of ‘small areas at local level’ — National legislation referring to the size of the areas concerned
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Veneto
Language of the case: Italian
Joined Cases C-508/15 and C-509/15 Ucar and Kilic v Land Berlin
References for a preliminary ruling — EEC-Turkey Association Agreement — Decision No 1/80 — Article 7, first paragraph — Right of residence of family members of a Turkish worker duly registered as belonging to the labour force of a Member State — Conditions — No need for the Turkish worker to be duly registered as belonging to the labour force of a Member State for the first three years of the residence of a family member
Requests for a preliminary ruling from Verwaltungsgericht Berlin
Language of the case: German
Case C-539/15 Bowman v Pensionsversicherungsanstalt
Reference for a preliminary ruling — Social policy — Charter of Fundamental Rights of the European Union — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(1) and (2) — Discrimination on grounds of age — Collective labour agreement — Extension of the period of advancement from the first to the second step in the salary scale — Indirect unequal treatment on grounds of age
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-547/15 Interservice v Horváth
Reference for a preliminary ruling — Community Customs Code — Regulation (EEC) No 2913/92 — Article 96 — External transit procedure — Definition of ‘carrier’ — Failure to produce goods at the customs office of destination — Liability — Transport subcontractor who has handed the goods over to the main carrier in the car park of the customs office of destination and subsequently again assumed responsibility for the goods in order to continue with the transport
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-618/15 Concurrence v Samsung Electronics and Amazon Services Europe
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Jurisdiction — Tort, delict or quasi-delict — Selective distribution network — Prohibition on online resale outside a network — Action for an injunction prohibiting unlawful interference — Connecting factor
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C-654/15 Länsförsäkringar v Matek
Reference for a preliminary ruling — EU trade mark — Regulation (EC) No 207/2009 — Article 9(1)(b) — Article 15(1) — Article 51(1)(a) — Extent of the exclusive right granted to the proprietor — Period of five years following registration
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
Case C-104/16 P Council v Front Polisario
Appeal — External relations — Agreement between the European Union and the Kingdom of Morocco concerning liberalisation measures on agricultural and fishery products — Decision approving the conclusion of an international agreement — Action for annulment — Admissibility — Locus standi — Territorial scope of the agreement — Interpretation of the agreement — Principle of self-determination — Principle of the relative effect of treaties
Language of the case: French
Information (on unpublished decisions)
Case C-642/15 P Klement v EUIPO
Appeal — Regulation (EC) No 207/2009 — EU trade mark — Three-dimensional mark representing the form of an oven — Article 51(1)(a) — Application for revocation of an EU trade mark — Point (a) of the second subparagraph of Article 15(1) — Genuine use of the mark — Rejection of the application for a declaration of invalidity
Case C-152/16 Commission v Luxembourg
Failure of a Member State to fulfil obligations — Regulation (EC) No 1071/2009 — Common rules concerning the conditions to be complied with to pursue the occupation of road transport operator — Article 16(1) and (5) — National electronic register of road transport undertakings — No interconnection with the national electronic registers of other Member States
Case C-401/16 P Market Watch Franchise & Consulting v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word mark MITOCHRON — Relative ground for refusal — Likelihood of confusion — Regulation (EC) No 207/2009 — Article 8(1)(b)
Case C-402/16 P Market Watch Franchise & Consulting v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word mark MITOCHRON — Relative ground for refusal — Likelihood of confusion — Regulation (EC) No 207/2009 — Article 8(1)(b)
Case C-342/16 P Novomatic v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Figurative mark containing the word elements ‘HOT JOKER’ — Opposition by the proprietor of the figurative mark containing the word elements ‘joker +’ — Refusal of registration
Case C-27/16 Marinkov v Predsedatel na Darzhavna agentsia za balgarite v chuzhbina
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Directives 2000/78/EC and 2006/54/EC — Scope — Manifest inadmissibility — Charter of Fundamental Rights of the European Union — Implementation of EU law — None — Manifest lack of jurisdiction
Case C-371/16 P L'Oréal v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU mark ‐ Opposition proceedings — Application for registration of the figurative mark containing the word elements ‘VICHY LABORATOIRES V IDÉALIA’ — Rejection of the application for registration
Case C-509/16 P Rosa Rodriguez v Consejería de Educación de la Junta de Andalucía
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Application for the annulment of a decision adopted by the Spanish regional authorities — Competition to fill vacancies for directors of educational establishments — Conditions of access — Decision not to admit the appellant — Article 169(1) of the Rules of Procedure — Manifest inadmissibility
Case C-469/16 Infante v Italy
Action for damages brought by a natural person against a Member State — Clear lack of jurisdiction of the Court
Case C-484/16 Criminal proceedings against Semeraro
Reference for a preliminary ruling — Manifest lack of jurisdiction — Article 53(2) of the Rules of Procedure of the Court — Judicial cooperation in criminal matters — Directive 2012/29/EU — Article 2(1)(a) — Minimum standards on the rights, support and protection of victims of crime — Charter of Fundamental Rights of the European Union — Articles 49, 51, 53 and 54 — Offence of defamation — Repeal by the national legislature of the offence of defamation — Lack of connection to EU law — Manifest lack of jurisdiction of the Court
Case C-644/15 P Hungary v Commission
Appeal — Regulation (EC) No 1234/2007 — Common organisation of agricultural markets — Fruit and vegetable sector — Article 103e — National financial assistance granted to producer organisations in the fruit and vegetable sector — Regulation (EC) No 1580/2007 — Article 97 — Commission decision concerning the reimbursement by the European Union of the national financial assistance granted by Hungary to producer organisations
January 2017
Case C-128/15 Spain v Council
Actions for annulment — Fisheries — Regulation (EU) No 1380/2013 — Regulation (EU) No 1367/2014 — Validity — Fishing opportunities — Precautionary approach — Principle of relative stability of fishing activities — Principle of proportionality — Principle of equal treatment — Roundnose grenadier and roughhead grenadier
Language of the case: Spanish
Case C-289/15 Criminal proceedings against Grundza
References for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2008/909/JHA — Article 7 — Condition of double criminality — Article 9 — Ground for non-recognition and non-enforcement based on the lack of double criminality — National of the executing State convicted in the issuing State for failure to comply with a decision issued by a public authority
Request for a preliminary ruling from the Krajský súd v Prešove
Language of the case: Slovak
Case C-491/15 P Typke v Commission
Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Article 3 — Notion of document — Article 2(3) — Documents held by an institution — Characterisation of information contained in a database — Obligation to create a document which does not already exist — None — Existing documents capable of being extracted from a database
Language of the case: English
Case C-411/15 P Timab Industries and CFPR v Commission
Appeal — Agreements, decisions and concerted practices — European market for animal feed phosphates — Allocation of sales quotas, coordination of prices and conditions of sale and exchange of commercially sensitive information — Appellants’ withdrawal from the settlement procedure — Unlimited jurisdiction — Protection of legitimate expectations and of equal treatment — Reasonable length of proceedings
Language of the case: French
Case C-28/16 MVM v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Value added tax — Directive 2006/112/EC — Articles 2, 9, 26, 167, 168 and 173 — Deduction of input tax — Taxable person simultaneously carrying out economic and non-economic activities — Holding company supplying services to its subsidiaries free of charge
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-189/15 IRCCS - Fondazione Santa Lucia v Cassa conguaglio per il settore elettrico and Others
Reference for a preliminary ruling — Directive 2003/96/EC — Taxation of energy products and electricity — Tax reductions — Substantive scope — Incentives in respect of the amounts covering general electricity charges — Article 17 — Energy-intensive businesses — Incentives granted to such businesses in the manufacturing sector alone — Lawfulness
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-365/15 Wortmann v Hauptzollamt Bielefeld
Reference for a preliminary ruling — Customs Union and Common Customs Tariff — Reimbursement of import duties — Regulation (EEC) No 2913/92 (Customs Code) — Article 241, first paragraph, first indent — Obligation of a Member State to provide for the payment of default interest even where no action has been brought before the national courts
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C-427/15 NEW WAVE CZ v ALLTOYS
Reference for a preliminary ruling — Intellectual property — Directive 2004/48/EC — Proceedings concerning an infringement of an intellectual property right — Right of information — Request for information in proceedings — Proceedings linked to the action in which an infringement of an intellectual property right has been found
Request for a preliminary ruling from the Nejvyšší soud České republiky
Language of the case: Czech
Case C-471/15 Sjelle Autogenbrug v Skatteministeriet
Reference for a preliminary ruling — Taxation — Value added tax –– Directive 2006/112/EC — Special scheme for taxing the profit margin — Concept of ‘second-hand goods’ — Sales of parts removed from end-of-life vehicles
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
Case C-37/16 Minister Finansów v SAWP
Reference for a preliminary ruling — Taxation — Common system of value added tax — Taxable transactions — Concept of ‘supply of services for consideration’ — Payment of fees, in respect of fair compensation, to organisations collectively managing copyright and related rights — Not included
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-282/15 Queisser Pharma v Bundesrepublik Deutschland
Reference for a preliminary ruling — Free movement of goods — Articles 34 TFEU to 36 TFEU — Purely domestic situation — Food safety — Regulation (EC) No 178/2002 — Article 6 — Principle of risk analysis — Article 7 — Precautionary principle — Regulation (EC) No 1925/2006 — Member State legislation prohibiting the manufacture and sale of food supplements containing amino acids — Situation in which a temporary derogation to that prohibition is at the discretion of the national authority
Request for a preliminary ruling from the Verwaltungsgericht Braunschweig
Language of the case: German
Case C-344/15 National Roads Authority v Revenue Commissioners
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Article 13(1), second subparagraph — Activity of managing road infrastructure and making it available on payment of a toll — Activities engaged in by a body governed by public law acting as a public authority — Presence of private operators — Significant distortions of competition — Existence of actual or potential competition
Request for a preliminary ruling from the Appeal Commissioners
Language of the case: English
Case C-351/15 P Commission v Total and Elf Aquitaine
Appeal — Agreements, decisions and concerted practices — Market for methacrylates — Fines — Joint and several liability of parent companies and their subsidiary for the latter’s unlawful conduct — Payment of the fine by the subsidiary — Reduction of the amount of the subsidiary’s fine following a judgment of the General Court of the European Union — Letters from the accountant of the European Commission demanding payment by the parent companies of the amount it repaid to the subsidiary plus default interest — Action for annulment — Challengeable acts — Effective judicial protection
Language of the case: French
Case C-460/15 Schaefer Kalk v Bundesrepublik Deutschland
Reference for a preliminary ruling — Environment — Scheme for greenhouse gas emission allowance trading within the European Union — Directive 2003/87/EC — Monitoring plan — Regulation (EU) No 601/2012 — Article 49(1) and point 10 of Annex IV — Calculation of the emissions of an installation — Subtraction of carbon dioxide (CO2) transferred — Exclusion of CO2 used in the production of precipitated calcium carbonate — Legality of the exclusion
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C-367/15 Stowarzyszenie Oławska Telewizja Kablowa v Stowarzyszenie Filmowców Polskich
Reference for a preliminary ruling — Directive 2004/48/EC — Article 13 — Intellectual and industrial property — Infringement — Calculation of damages — Legislation of a Member State — Twice the amount of the royalties normally due
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-375/15 BAWAG v Verein für Konsumenteninformation
Reference for a preliminary ruling — Directive 2007/64/EC — Payment services in the internal market — Framework contracts — Prior general information — Obligation to provide that information on paper or on another durable medium — Information transmitted by means of the electronic mailbox of an online banking website
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-582/15 Criminal proceedings against van Vemde
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Mutual recognition of judgments — Framework Decision 2008/909/JHA — Scope — Article 28 — Transitional provision — Concept of ‘issue of the final judgment’)
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-640/15 Minister for Justice and Equality v Vilkas
Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 23 — Time limit for surrender of the requested person — Possibility of agreeing on a new surrender date on a number of occasions — Resistance of the requested person to his surrender — Force majeure
Request for a preliminary ruling from the Court of Appeal
Language of the case: English
Case C-679/15 Ultra-Brag v Hauptzollamt Lörrach
Reference for a preliminary ruling — Customs union — Customs debt incurred through unlawful introduction of goods — Meaning of ‘debtor’ — Employee of a legal person responsible for the unlawful introduction — Fraudulent dealing or obvious negligence — Determination
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
Case C-604/13 P Aloys F. Dornbracht v Commission
Appeal — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Coordination of selling prices and exchange of sensitive business information — Regulation (EC) No 1/2003 — Article 23(2) — Ceiling of 10% of turnover — 2006 Guidelines on the method of setting fines — Principle of non-retroactivity — Exercise of unlimited jurisdiction — Excessive duration of the proceedings
Language of the case: German
Case C-609/13 P Duravit and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy the Netherlands and Austria — Coordination of selling prices and exchange of sensitive business information — Regulation (EC) No 1/2003 — Article 31 — Obligation to state reasons
Language of the case: German
Case C-611/13 P Hansa Metallwerke and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Coordination of selling prices and exchange of sensitive business information — Regulation (EC) No 1/2003 — Article 23(2) — Ceiling of 10% of turnover — Obligation to state reasons — Protection of legitimate expectations
Language of the case: German
Case C-613/13 P Commission v Keramag Keramische Werke and Others
Appeal — Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Coordination of selling prices and exchange of sensitive business information — Obligation to state reasons
Language of the case: English
Case C-614/13 P Masco and Others v Commission
Appeal — Competition –– Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Coordination of selling prices and exchange of sensitive business information –– Single and continuous infringement — Obligation to state reasons
Language of the case: English
Case C-618/13 P Zucchetti Rubinetteria v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Coordination of selling prices and exchange of sensitive business information — Regulation (EC) No 1/2003 — Article 23(2) — Ceiling of 10% of turnover
Language of the case: Italian
Case C-619/13 P Mamoli Robinetteria v Commission
Appeal — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy the Netherlands and Austria — Coordination of selling prices and exchange of sensitive business information — Leniency programme — Regulation (EC) No 1/2003 — Article 23(2) — Ceiling of 10% of turnover — Exercise of unlimited jurisdiction
Language of the case: Italian
Case C-625/13 P Villeroy & Boch v Commission
Appeal — Competition –– Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area — Price coordination and exchange of sensitive business information — Single infringement — Proof — Fines — Unlimited jurisdiction — Reasonable time — Proportionality
Language of the case: German
Case C-626/13 P Villeroy & Boch Austria v Commission
Appeal — Competition –– Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area — Price coordination and exchange of sensitive business information — Single infringement — Proof — Fines — Unlimited jurisdiction — Reasonable time — Proportionality
Language of the case: German
Case C-636/13 P Roca Sanitario v Commission
Appeal — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Coordination of selling prices and exchange of sensitive business information — 2006 Guidelines on the method of setting fines — Obligation to state reasons — Principle of equal treatment — Proportionality — Exercise of unlimited jurisdiction
Language of the case: Spanish
Case C-637/13 P Laufen Austria v Commission
Appeal — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Coordination of selling prices and exchange of sensitive business information — Regulation (EC) No 1/2003 — Article 23(2) — Ceiling of 10% of turnover — 2006 Guidelines on the method of setting fines — Obligation to state reasons — Principle of equal treatment — Exercise of unlimited jurisdiction
Language of the case: Spanish
Case C-638/13 P Roca v Commission
Appeal — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Coordination of selling prices and exchange of sensitive business information — 2006 Guidelines on the method of setting fines — Principle of equal treatment — Exercise of unlimited jurisdiction
Language of the case: Spanish
Case C-642/13 P Villeroy & Boch Belgium v Commission
Appeal — Competition –– Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area — Price coordination and exchange of sensitive business information — Single infringement — Proof — Fines — Unlimited jurisdiction — Reasonable time — Proportionality
Language of the case: Dutch
Case C-644/13 P Villeroy & Boch v Commission
Appeal — Competition –– Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area — Price coordination and exchange of sensitive business information — Single infringement — Proof — Fines — Unlimited jurisdiction — Reasonable time — Proportionality
Language of the case: French
Case C-421/14 Banco Primus v Gutiérrez García
Reference for a preliminary ruling — Directive 93/13/EEC — Contracts concluded between sellers or suppliers and consumers — Unfair terms — Mortgage loan agreements — Mortgage enforcement proceedings — Limitation period — Function of the national courts — Res judicata
Request for a preliminary ruling from the Juzgado de Primera Instancia
Language of the case: Spanish
Joined Cases C-247/15 P, C-253/15 P and C-259/15 P Maxcom v Chin Haur Indonesia
Appeal — Dumping — Implementing Regulation (EU) No 501/2013 — Imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia — Extension to such imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China — Regulation (EC) No 1225/2009 — Article 13 — Circumvention — Article 18 — Lack of cooperation — Evidence — Body of consistent evidence
Language of the case: English
Joined Cases C-248/15 P, C-254/15 P and C-260/15 P Maxcom v City Cycle Industries
Appeal — Dumping — Implementing Regulation (EU) No 501/2013 — Imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia — Extension to such imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China — Regulation (EC) No 1225/2009 — Article 13 — Circumvention — Article 18 — Lack of cooperation — Evidence — Body of consistent evidence — Contradictory reasoning — Inadequate statement of reasons — Breach of procedural rights
Language of the case: English
Case C-373/15 P France v Commission
Appeal — European Agricultural Fund for Rural Development (EAFRD) — Expenditure excluded from EU financing — Regulations (EC) No 1698/2005, (EC) No 1975/2006 and (EC) No 796/2004 — Rural development support measures — Areas with natural handicaps — On-the-spot controls — Coefficient density of livestock — Counting of animals
Language of the case: French
Case C-573/14 Commissaire général aux réfugiés et aux apatrides v Lounani
Reference for a preliminary ruling — Area of freedom, security and justice — Asylum — Directive 2004/83/EC — Minimum standards for the qualification and status of third country nationals or stateless persons as refugees — Article 12(2)(c) and Article 12(3) — Exclusion from being a refugee — Concept of ‘acts contrary to the purposes and principles of the United Nations’ — Scope — Member of the leadership of a terrorist organisation — Criminal conviction of participation in the activities of a terrorist group — Individual assessment
Request for a preliminary ruling from the Conseil d'État, Belgium
Language of the case: French
Information (on unpublished decisions)
Case C-508/16 Boudjellal v Rauwers Contrôle
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Articles 7, 8 and/or 47 — Infringement — Obtaining personal data — Using such data before the courts — Question which does not concern a rule of EU law other than the Charter of Fundamental Rights — Hypothetical question — Lack of jurisdiction of the Court
Case C-280/16 P Amrita and Others v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Protection of plant health — Directive 2000/29/EC — Protection against the introduction into and spread within the European Union of organisms harmful to plants or plant products — Implementing Decision (EU) 2015/789 — Measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells and Raju) — Action for annulment — Fourth paragraph of Article 263 TFEU — Regulatory act — Implementing measures — Person individually concerned
Case C-343/16 P Europäischer Tier- und Naturschutz and Giesen v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Refusal to submit a legislative proposal for the establishment of a European law association — Act not amenable to review
Case C-440/16 P Staywell Hospitality Group v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Likelihood of confusion — Application for registration of the figurative mark PARK REGIS — Rejection of the application for registration
Case C-623/15 P Toshiba v Commission
Appeal — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Agreements and concerted practices on pricing, market sharing, customer allocation and output limitation — Concept of ‘economic unit’ between two companies — Concept of ‘decisive influence’ — Joint control by two parent companies — Distortion of evidence
Case C-32/17 P Apcoa Parking Holdings v EUIPO
Appeal — EU trade mark — Application for registration of the figurative and word marks PARKWAY — Absolute ground for refusal — Descriptive character — Regulation (EC) No 207/2009 — Article 7(1)(c)
Case C-53/16 P Beul v Parliament and Council
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for annulment — Functioning of the financial markets — Requirements for the carrying out of the statutory audit of annual and consolidated financial statements of public-interest entities — Regulation (EU) No 537/2014 — Rules on the organisation and selection of statutory auditors and audit firms by public-interest entities — No individual concern — Manifest inadmissibility
Case C-506/15 P Spain v Commission
Appeal — European Agricultural Fund for Rural Development (EAFRD) –Expenditure excluded from EU financing — Regulations (EC) No 1698/2005, (EC) No 1975/2006 and (EC) No 796/2004 — Rural development support measures — Areas with natural handicaps — On-the-spot controls — Coefficient density of livestock — Counting of animals
Case C-45/16 P Synergy Hellas v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — ‘Multi-level patient-specific artery and artherogenesis model for outcome prediction, decision support treatment, and virtual hand-on training (ARTreat) contract’, concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Termination of that contract due to irregularities committed in the performance of another contract concluded with the European Commission — Good faith — Legitimate expectation the contract would not be terminated
Case C-485/16 P Universal Protein Supplements v EUIPO
Appeal — Rules of Procedure of the Court of Justice — Article 181 — EU trade mark — Invalidity proceedings — Figurative mark containing the word element ‘animal’
February 2017
Case C-392/15 Commission v Hungary
Failure of a Member State to fulfil obligations — Article 49 TFEU — Freedom of establishment — Notaries — Nationality requirement — Article 51 TFEU — Connection with the exercise of official authority
Language of the case: Hungarian
Case C-430/15 Secretary of State for Work and Pensions v Tolley
Reference for a preliminary ruling — Social security — Regulation (EEC) No 1408/71 — Care component of disability living allowance — Person insured against the risk of old age who has definitively ceased all occupational activity — Concepts of ‘sickness benefit and ‘invalidity benefit’ — Exportability
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
Case C-144/16 Município de Palmela v ASAE
Reference for a preliminary ruling — Procedures for the provision of information in the field of technical standards and regulations and of rules on Information Society services — Directives 83/189/EEC and 98/34/EC — Draft technical regulation — Notifying the European Commission — Obligations of Member States — Infringement — Consequences
Request for a preliminary ruling from the Tribunal Judicial da Comarca de Setúbal
Language of the case: Portuguese
Case C-239/16 P Šumelj and Others v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for damages — Act of accession of the Republic of Croatia to the European Union — Commitments relating to a strategy for judicial reform — Creation followed by the abolition of the position of public bailiff — Damage suffered by persons appointed as public bailiffs — Monitoring of the Republic of Croatia’s commitments by the European Commission — Appeal dismissed — Appeal manifestly inadmissible in part and manifestly unfounded in part
Language of the case: Croatian
Case C-240/16 P Vidmar and Others v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for damages — Act of accession of the Republic of Croatia to the European Union — Commitments relating to a strategy for judicial reform — Creation followed by the abolition of the position of public bailiff — Damage suffered by persons appointed as public bailiffs — Monitoring of the Republic of Croatia’s commitments by the European Commission — Appeal dismissed — Appeal manifestly inadmissible
Language of the case: Croatian
Case C-241/16 P Graf v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for damages — Act of accession of the Republic of Croatia to the European Union — Commitments relating to a strategy for judicial reform — Creation followed by the abolition of the position of public bailiff — Damage suffered by persons appointed as public bailiffs — Monitoring of the Republic of Croatia’s commitments by the European Commission — Appeal dismissed — Appeal manifestly inadmissible
Language of the case: Croatian
Case C-562/15 Carrefour Hypermarchés v ITM Alimentaire International
Reference for a preliminary ruling — Comparative advertising — Directive 2006/114/EC — Article 4 — Directive 2005/29/EC — Article 7 — Objective price comparison — Misleading omission — Advertising comparing the prices of goods sold in shops having different sizes or formats — Permissibility — Material information — Degree of communication of information and the medium for communication of that information
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
Case C-560/14 M v Minister for Justice and Equaltiy Ireland and the Attorney General
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2004/83/EC — Minimum standards for the qualification and status of third country nationals or stateless persons as refugees — Application for subsidiary protection — Lawfulness of the national procedure for examining an application for subsidiary protection made after the rejection of an application for refugee status — Right to be heard — Scope — Right to an interview — Right to call and cross-examine witnesses)
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
Case C-283/15 X v Staatssecretaris van Financiën
Reference for a preliminary ruling — Tax legislation — Income tax — National of a Member State receiving income in that Member State and in a non-Member State, and residing in another Member State — Tax advantage to take account of his personal and family circumstances)
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-441/15 Madaus v Hauptzollamt Bremen
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Headings 3824 90 97 and 2106 90 92 — Product in powder form composed of calcium carbonate (95%) and modified starch (5%)
Request for a preliminary ruling from the Finanzgericht Bremen
Language of the case: German
Case C-585/15 Raffinerie Tirlemontoise v État belge
Reference for a preliminary ruling — Sugar — Production levies — Calculation of the average loss — Calculation of production levies — Regulation (EC) No 2267/2000 — Validity — Regulation (EC) No 1993/2001 — Validity
Request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles
Language of the case: French
Case C-21/16 Euro Tyre – Sucursal em Portugal v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — VAT — Directive 2006/112/EC — Articles 131 and 138 — Preconditions for the exemption of an intra-Community supply — VAT Information Exchange System (VIES) — Purchaser’s failure to register — Refusal to grant the exemption — Whether permissible
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
Case C-283/16 S. v S.
Reference for a preliminary ruling — Regulation (EC) No 4/2009 — Article 41(1) — Recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations — Enforcement of a decision in a Member State — Application submitted directly to the competent authority of the Member State of enforcement — National legislation requiring recourse to be had to the Central Authority of the Member State of enforcement
Request for a preliminary ruling from the High Court of Justice of England and Wales, Family Division
Language of the case: English
Case C-443/16 Rodrigo Sanz v Universidad Politécnica de Madrid
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Successive fixed-term contracts in the public sector — Restructuring the organisation of universities — National rules — Integration of college lecturers into the body of university lecturers — Condition — Attainment of a doctorate degree — Changing full-time posts into part-time posts — Applied only to teachers employed as interim civil servants — Principle of non-discrimination
Request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo n° 8 de Madrid
Language of the case: Spanish
Case Avis 3/15 Opinion pursuant to Article 218(11) TFEU
Opinion pursuant to Article 218(11) TFEU –– Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled –– Article 3 TFEU — Exclusive external competence of the European Union — Article 207 TFEU — Common commercial policy — Commercial aspects of intellectual property –– International agreement that may affect common rules or alter their scope –– Directive 2001/29/EC –– Article 5(3)(b) and (4) –– Exceptions and limitations for the benefit of people with a disability
Language of the case: English
Case C-317/15 X v Staatssecretaris van Financiën
Reference for a preliminary ruling — Free movement of capital — Article 64 TFEU — Movement of capital to or from third countries involving the provision of financial services — Financial assets held in a Swiss bank account — Additional assessment for recovery — Recovery period — Extension of the recovery period in the case of assets held outside the Member State of residence
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-499/15 W and V v X
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction in matters of parental responsibility — Regulation (EC) No 2201/2003 — Articles 8 to 15 — Jurisdiction concerning maintenance obligations — Regulation (EC) No 4/2009 — Article 3(d) — Conflicting judgments given in the courts of different Member States — Child habitually resident in the Member State of residence of his mother — The courts of the father’s Member State of residence without jurisdiction to vary a decision that has become final which they adopted earlier concerning the residence of the child, maintenance obligations and contact arrangements
Request for a preliminary ruling from the Vilniaus miesto apylinkės teismas
Language of the case: Lithuanian
Case C-592/15 Commissioners for Her Majesty's Revenue and Customs v British Film Institute
Reference for a preliminary ruling — Value added tax — Sixth Directive 77/388/EEC — Article 13A(1)(n) — Exemptions for certain cultural services — No direct effect — Determination of the exempt cultural services — Discretion of the Member States
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
Case C-555/14 IOS Finance EFC v Servicio Murciano de Salud
Reference for a preliminary ruling — Combating late payment in commercial transactions — Directive 2011/7/EU — Commercial transactions between private undertakings and public authorities — National legislation making the immediate recovery of the principal amount of a debt conditional upon the waiver of interest for late payment and of compensation for recovery costs
Request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo n° 6 de Murcia
Language of the case: Spanish
Case C-577/14 P Brandconcern v EUIPO and Scooters India
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 51(2) — Word mark LAMBRETTA — Genuine use of the mark — Application for revocation — Partial revocation — Communication No 2/12 of the President of EUIPO — Limitation of the temporal effects of a judgment of the Court
Language of the case: English
Case C-219/15 Schmitt v TÜV Rheinland LGA Products
Reference for a preliminary ruling — Approximation of laws — Industrial policy — Directive 93/42/EEC — Checks on the conformity of medical devices — Notified body appointed by the manufacturer — Obligations of that body — Defective breast implants — Implants manufactured using silicone — Liability of the notified body
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-503/15 Margarit Panicello v Hernández Martínez
Request for a preliminary ruling — Article 267 TFEU — Registrar — Definition of ‘a court or tribunal’ — Compulsory jurisdiction — Exercise of judicial functions — Independence — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Secretario Judicial del Juzgado de Violencia sobre la Mujer Único de Terrassa
Language of the case: Spanish
Case C-507/15 Agro Foreign Trade & Agency v Petersime
Reference for a preliminary ruling — Self-employed commercial agents — Directive 86/653/EEC — Coordination of the laws of the Member States — Belgian transposition measure — Commercial agency contract — Principal established in Belgium and agent established in Turkey — Choice of Belgian law clause — Applicable law — EEC-Turkey Association Agreement — Compatibility
Request for a preliminary ruling from the Rechtbank van Koophandel te Gent
Language of the case: Dutch
Case C-641/15 Verwertungsgesellschaft Rundfunk v Hettegger Hotel Edelweiss
Reference for a preliminary ruling — Intellectual property — Directive 2006/115/EC — Article 8(3) — Exclusive right of broadcasting organisations — Communication to the public — Places accessible to the public against payment of an entrance fee — Communication of broadcasts by TV sets installed in hotel rooms
Request for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
Case C-145/16 Aramex Nederland v Inspecteur van de Belastingdiens/Douane
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Customs union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Validity — Regulation (EU) No 301/2012 — Headings 8703 and 8711 — Three-wheeled motor vehicle called ‘Spyder’
Request for a preliminary ruling from the Gerechtshof Amsterdam
Language of the case: Dutch
Case C-578/16 PPU C. K. and Others v Republika Slovenija
Reference for a preliminary ruling — Area of freedom, security and justice — Borders, asylum and immigration — Dublin system — Regulation (EU) No 604/2013 — Article 4 of the Charter of Fundamental Rights of the European Union — Inhuman or degrading treatment — Transfer of a seriously ill asylum seeker to the State responsible for examining his application — No substantial grounds for believing that there are proven systemic flaws in that Member State — Obligations imposed on the Member State having to carry out the transfer
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
Information (on unpublished decisions)
Case C-606/14 P Portovesme v Commission
Appeal — Aid granted by the Italian Republic in favour of Portovesme Srl — Preferential tariff arrangements for electricity — Decision declaring the aid measure to be incompatible with the internal market
Case C-446/16 P Kohrener Landmolkerei and DHG v Commission
Appeal — Regulation (EU) No 1151/2012 — Quality schemes for agricultural products and foodstuffs — Traditional specialities guaranteed — Notice of opposition lodged out of time by the competent national authorities — Article 181 of the Rules of Procedure of the Court of Justice — Appeal manifestly unfounded
Case C-410/16 P Syndial v Commission
Appeal — Article 181 of the Rules of Procedure — Regulation No (EC) 1049/2001 – Article 4(2) — Access to documents — Documents relating to ongoing infringement proceedings against the Italian Republic — Refusal to grant access
Case C-90/15 P Hansen & Rosenthal and H&R Wax Company Vertrieb v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European market for paraffin wax and the German market for slack wax — Price-fixing and market-sharing — Evidence of the infringement — Unlimited jurisdiction — Distortion of evidence — Obligation to state reasons — Regulation (EC) No 1/2003 — Article 23(2) — Calculation of the amount of the fine — Principle of legality — The 2006 Guidelines on the method of setting fines — Principle of proportionality
Case C-94/15 P Tudapetrol Mineralölerzeugnisse Nils Hansen v Commission
Appeal — Agreements, decisions and concerted practices — European market for paraffin wax and the German market for slack wax — Price-fixing and market-sharing — Obligation to state reasons — Evidence of the infringement — Distortion of the evidence
Case C-95/15 P H&R ChemPharm v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European market for paraffin wax and the German market for slack wax — Price-fixing and market-sharing — Obligation to state reasons — Distortion of the evidence — Regulation (EC) No 1/2003 — Article 23(3) — Calculation of the amount of the fine — The 2006 Guidelines on the method of setting fines — Principle of proportionality
Case C-501/16 P Monster Energy v EUIPO
Appeal — Article 181 of the Rules of Procedure — EU trade mark — Opposition proceedings — Application to register the figurative sign containing the word elements “MAD CATZ” — Opposition dismissed
Case C-502/16 P Monster Energy v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of a figurative sign representing a black square with four white lines — Rejection of the opposition
Case C-587/16 P Skylotec v EUIPO
Appeal — EU trade mark — Article 181 of the Rules of Procedure of the Court — Revocation proceedings — Application for a black and white trade mark representing a polygon — Declaration of revocation
March 2017
Case C-275/15 ITV Broadcasting and Others v TVCatchup and Others
Reference for a preliminary ruling — Directive 2001/29/EC — Harmonisation of certain aspects of copyright and related rights in the information society — Article 9 — Access to cable of broadcasting services — Concept of ‘cable’ — Retransmission of broadcasts of commercial television broadcasters by a third party via the internet — ‘Live streaming’
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
Case C-245/15 Casa Noastră v Ministerul Transporturilor - ISCTR
Reference for a preliminary ruling — Road transport — Social provisions — Exceptions — Regulation (EC) No 561/2006 — Article 3(a) — Regulation (EC) No 1073/2009 — Article 2(3) — Regular services providing for the carriage of passengers — Concept — Carriage free of charge organised by an economic operator for its employees, to and from work, in vehicles belonging to it and driven by one of its employees
Request for a preliminary ruling from the Judecătoria Balş – Judeţul Olt
Language of the case: Romanian
Case C-354/15 Henderson v Novo Banco
Reference for a preliminary ruling — Judicial cooperation in civil and commercial matters — Service of judicial and extrajudicial documents — Regulation (EC) No 1393/2007 — Articles 8, 14 and 19 — Postal service of a document instituting the proceedings — No translation of the document — Annex II - Standard form — None — Consequences — Service by registered letter with acknowledgement of receipt — Failure to return acknowledgement of receipt — Receipt of document by a third party — Conditions of validity of the proceedings
Request for a preliminary ruling from the Tribunal da Relação de Évora
Language of the case: Portuguese
Case C-496/15 Eschenbrenner v Bundesagentur für Arbeit
Reference for a preliminary ruling — Freedom of movement for workers — Article 45 TFEU — Regulation (EU) No 492/2011 — Article 7 — Equal treatment — Frontier worker subject to income tax in the Member State of residence — Benefit paid by the Member State of employment in the event of the employer’s insolvency — Detailed rules for the calculation of the insolvency benefit — Notional taking into account of the income tax of the Member State of employment — Insolvency benefit lower than the previous net remuneration — Bilateral convention for the avoidance of double taxation
Request for a preliminary ruling from the Landessozialgericht Rheinland-Pfalz, Mainz
Language of the case: German
Case C-568/15 Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main v comtech
Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Article 21 — Communication by telephone — Operation of a telephone line by a trader to enable consumers to contact him in relation to a contract concluded — Prohibition on applying a rate higher than the basic rate — Concept of ‘basic rate’
Request for a preliminary ruling from the Landgericht Stuttgart
Language of the case: German
Case C-584/15 Glencore Céréales France v FranceAgriMer
Reference for a preliminary ruling — Regulation (EC, Euratom) No 2988/95 — Protection of the European Union’s financial interests — Article 3 — Regulation (EEC) No 3665/87 — Article 11 — Recovery of an export refund unduly granted — Regulation (EEC) No 3002/92 — Article 5a — Security wrongly released — Interest due — Limitation period — Point from which time begins to run — Interruption of the period — Maximum limit — Longer period — Whether applicable
Request for a preliminary ruling from the Tribunal administratif de Melun
Language of the case: French
Case C-4/16 J. D. v Prezes Urzędu Regulacji Energetyki
Reference for a preliminary ruling — Environment — Directive 2009/28/EC — The second subparagraph of Article 2(a) — Energy from renewable sources — Hydropower — Meaning — Energy produced in a small-scale hydropower plant located at the point of discharge of industrial waste water from another plant
Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie Wydział Cywilny
Language of the case: Polish
Case C-97/16 Pérez Retamero v TNT Express Worldwide Spain and Others
Reference for a preliminary ruling — Social policy — Directive 2002/15/EC — Protection of the safety and health of workers — Organisation of working time — Road transport — Mobile worker — Self-employed driver — Concept — Inadmissibility
Request for a preliminary ruling from the Juzgado de lo Social de Barcelona
Language of the case: Spanish
Case C-497/16 Criminal proceedings against Sokáč
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Drug precursors — Regulation (EC) No 273/2004 — Article 2(a) — Definition of ‘scheduled substance’ — Exclusion of medicinal products — Directive 2001/83/EC — Article 1(2) — Definition of ‘medicinal product’ — Medicinal product containing ephedrine or pseudoephedrine — Regulation (EC) No 111/2005 — Article 2(a) — Definition of ‘scheduled substance’ — Annex — Inclusion of medicinal products containing ephedrine or pseudoephedrine — No effect on the scope of Regulation (EC) No 273/2004
Request for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
Case C-390/15 Proceedings brought by RPO
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Point 6 of Annex III — Validity — Procedure — Amendment of a proposal for a Council directive after the Parliament has given an opinion — No fresh consultation of the Parliament — Article 98(2) — Validity — Reduced rate of VAT precluded from being applied to the supply of digital books electronically — Principle of equal treatment — Comparability of two situations — Supply of digital books electronically and on all physical means of support
Request for a preliminary ruling from the Trybunał Konstytucyjny w Warszawie
Language of the case: Polish
Case C-638/16 PPU X and X v État belge
Reference for a preliminary ruling — Regulation (EC) No 810/2009 — Article 25(1)(a) — Visa with limited territorial validity — Issuing of a visa on humanitarian grounds or because of international obligations — Concept of ‘international obligations’ — Charter of Fundamental Rights of the European Union — European Convention for the Protection of Human Rights and Fundamental Freedoms — Geneva Convention — Issuing of a visa where a risk of infringement of Article 4 and/or Article 18 of the Charter of Fundamental Rights is established — No obligation
Request for a preliminary ruling from the Conseil du Contentieux des Étrangers (Belgium)
Language of the case: French
Case C-321/15 ArcelorMittal Rodange et Schifflange v État du Grand-duché de Luxembourg
Reference for a preliminary ruling — Environment — Scheme for greenhouse gas emissions allowance trading in the European Union — Directive 2003/87/EC — Article 3(a) — Articles 11 and 12 — Cessation of activities of an installation — Surrender of unused allowances — Period from and including 2008 to 2012 — No compensation — Broad logic of the greenhouse gas emissions allowance trading scheme
Request for a preliminary ruling from the Cour constitutionnelle (Luxembourg)
Language of the case: French
Case C-448/15 Belgische Staat v Wereldhave Belgium and Others
Reference for a preliminary ruling — Parent companies and subsidiaries established in different Member States — Common system of taxation applicable — Corporation tax — Directive 90/435/EEC — Scope — Article 2(c) — Company subject to tax without the possibility of an option or of being exempt — Taxation at a zero rate
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
Case C-660/15 P Viasat Broadcasting UK v Commission
Appeal — State aid — Article 107(1) TFEU — Article 106(2) TFEU — Measures taken by the Danish authorities in favour of the Danish public service broadcaster TV2/Danmark — Compensation for the costs involved in the performance of public service obligations — Decision declaring the aid compatible with the internal market
Language of the case: English
Case C-14/16 Euro Park Service v Ministre des finances et des comptes publics
Reference for a preliminary ruling — Direct taxation — Companies of different Member States — Common system of taxation — Merger by acquisition — Prior approval of the tax authority — Directive 90/434/EEC — Article 11(1)(a) — Tax evasion or avoidance — Freedom of establishment
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-141/15 Doux v FranceAgriMer
Reference for a preliminary ruling — Regulation (EC) No 543/2008 — Article 15(1) — Article 16 — Frozen or quick-frozen chickens — Maximum limit for water content — Obsolescence of that limit — Practical measures for checks — Counter-analysis — Regulation No 612/2009 — Article 28 — Export refunds on agricultural products — Conditions for granting — Sound and fair marketable quality — Products marketable in normal conditions
Request for a preliminary ruling from the Tribunal administratif de Rennes
Language of the case: French
Case C-173/15 GE Healthcare v Hauptzollamt Düsseldorf
Reference for a preliminary ruling — Customs Union — Community Customs Code — Article 32(1)(c) — Determination of the customs value — Royalties or licence fees in respect of the goods being valued — Meaning — Regulation (EEC) No 2454/93 — Article 160 — ‘Condition of sale’ of the goods being valued — Payment of royalties or licence fees to an undertaking related to both the seller and the buyer of the goods — Article 158(3) — Adjustment and apportionment measures
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C-342/15 Piringer
Reference for a preliminary ruling — Freedom of lawyers to provide services — Possibility for Member States to reserve to prescribed categories of lawyers the drafting of formal documents for creating or transferring interests in land — Legislation of a Member State requiring that the authenticity of the signature on a request for entry in the land register be certified by a notary
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-398/15 Camera di Commercio, Industria, Artigianato e Agricoltura di Lecce v Manni
Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Directive 95/46/EC — Article 6(1)(e) — Data subject to disclosure in the companies register — First Directive 68/151/EEC — Article 3 — Winding-up of the company concerned — Restriction of access to that data by third parties
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-406/15 Milkova v Izpalnitelen direktor na Agentsiata za privatizatsia i sledprivatizatsionen kontrol
Reference for a preliminary ruling — Social policy — Equal treatment in employment and occupation — Convention on the Rights of Persons with Disabilities — Articles 5 and 27 — Directive 2000/78/EC — Article 7 — Enhanced protection in the event of dismissal of employees with disabilities — No such protection for civil servants with disabilities — General principal of equal treatment
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-484/15 Zulfikarpašić v Gajer
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 805/2004 — European Enforcement Order for uncontested claims — Requirements for certification as a European Enforcement Order — Concept of ‘court’ — Notary who has issued a writ of execution based on an ‘authentic document’ — Authentic instrument
Request for a preliminary ruling from the Općinski sud u Novom Zagrebu – Stalna služba u Samoboru
Language of the case: Croatian
Case C-551/15 Pula Parking v Tederahn
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Temporal and material scope — Civil and commercial matters — Enforcement proceedings relating to the recovery of an unpaid public parking debt — Included — Concept of ‘court’ — Notary who has issued a writ of execution based on an ‘authentic document’
Request for a preliminary ruling from the Općinski sud u Puli-Pola
Language of the case: Croatian
Case C-573/15 État belge v Oxycure Belgium
Reference for a preliminary ruling — Value added tax — Directive 2006/112/EC — Article 98(2) — Annex III, points 3 and 4 — Principle of fiscal neutrality — Medical treatment using oxygen — Reduced VAT rate — Oxygen cylinders — Standard rate of VAT — Oxygen concentrators
Request for a preliminary ruling from the Cour d'appel de Liège
Language of the case: French
Case C-100/16 P Ellinikos Chrysos v Commission
Appeal — State aid — Transfer of mines at a price below real market value — Exemption from taxes on the transfer transaction — Assessment of the amount of the advantage granted)
Language of the case: English
Case C-158/14 A and Others v Minister van Buitenlandse Zaken
Reference for a preliminary ruling — Common Foreign and Security Policy (CFSP) — Specific restrictive measures directed against certain persons and entities with a view to combating terrorism — Common Position 2001/931/CFSP — Framework Decision 2002/475/JHA — Regulation (EC) No 2580/2001 — Article 2(3) — Inclusion of the ‘Liberation Tigers of Tamil Eelam (LTTE)’ on the list of persons, groups and entities involved in terrorist acts — Question referred for a preliminary ruling concerning the validity of that inclusion — Compliance with international humanitarian law — Concept of ‘terrorist act’ — Actions by armed forces during periods of armed conflict
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-157/15 Achbita and Centrum voor gelijkheid van kansen en voor racismebestrijding v G4S Secure Solutions
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment — Discrimination based on religion or belief — Workplace regulations of an undertaking prohibiting workers from wearing visible political, philosophical or religious signs in the workplace — Direct discrimination — None — Indirect discrimination — Female worker prohibited from wearing an Islamic headscarf
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
Case C-162/15 P Evonik Degussa v Commission
Appeal — Competition — Articles 101 TFEU and 102 TFEU — Regulation (EC) No 1/2003 — Article 30 — Commission decision finding an illegal cartel on the European hydrogen peroxide and perborate market — Publication of an extended non-confidential version of that decision — Rejection of a request for confidential treatment of certain information — Terms of reference of the hearing officer — Decision 2011/695/EU — Article 8 — Confidentiality — Protection of professional secrecy — Article 339 TFEU — Concept of ‘business secrets or other confidential information’ — Information from a request for leniency — Rejection of the request for confidential treatment — Legitimate expectations
Language of the case: German
Case C-188/15 Bougnaoui and ADDH v Micropole
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment — Discrimination based on religion or belief — Genuine and determining occupational requirement — Meaning — Customer’s wish not to have services provided by a worker wearing an Islamic headscarf
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-323/15 P Polynt v ECHA
Appeal — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 57(f) — Authorisation — Substances of very high concern — Identification — Equivalent level of concern — Cyclohexane-1,2-dicarboxylic anhydride, cis-cyclohexane-1,2-dicarboxylic anhydride and trans-cyclohexane-1,2-dicarboxylic anhydride
Language of the case: English
Case C-324/15 P Hitachi Chemical Europe and Polynt v ECHA
Appeal — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 57(f) — Authorisation — Substances of very high concern — Identification — Equivalent level of concern — Hexahydromethylphthalic anhydride, hexahydro-4-methylphthalic anhydride, hexahydro-1-methylphthalic anhydride and hexahydro-3-methylphthalic anhydride
Language of the case: English
Case C-414/15 P Stichting Woonlinie and Others v Commission
Appeal — State aid — Existing aid — Article 108(1) TFEU — Aid schemes in favour of social housing corporations — Regulation (EC) No 659/1999 — Articles 17, 18 and 19 — Assessment by the Commission of the compatibility with the internal market of an existing aid scheme — Proposal of appropriate measures — Commitments given by the national authorities in order to comply with EU law — Compatibility decision — Scope of judicial review — Legal effects
Language of the case: Dutch
Case C-415/15 P Stichting Woonpunt and Others v Commission
Appeal — State aid — Existing aid — Article 108(1) TFEU — Aid schemes in favour of social housing corporations — Regulation (EC) No 659/1999 — Articles 17, 18 and 19 — Assessment by the Commission of the compatibility with the internal market of an existing aid scheme — Proposal of appropriate measures — Commitments given by the national authorities in order to comply with EU law — Compatibility decision — Scope of judicial review — Legal effects
Language of the case: Dutch
Case C-528/15 Policie ČR v Al Chodor
Reference for a preliminary ruling — Criteria and mechanisms for determining the Member State responsible for examining an application for international protection — Regulation (EU) No 604/2013 (Dublin III) — Article 28(2) — Detention for the purpose of transfer — Article 2(n) — Significant risk of absconding — Objective criteria — Absence of a legal definition
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-536/15 Tele2 (Netherlands) and Others v ACM
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/22/EC — Article 25(2) — Directory enquiry services and directories — Directive 2002/58/EC — Article 12 — Directories of subscribers — Making available personal data concerning subscribers for the purposes of the provision of publicly available directory enquiry services and directories — Subscriber’s consent — Distinction on the basis of the Member State in which publicly available directory enquiry services and directories are provided — Principle of non-discrimination
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
Case C-3/16 Aquino v Belgische Staat
Reference for a preliminary ruling — EU law — Rights conferred on individuals — Infringement by a court — Questions referred for a preliminary ruling — Reference to the Court — National court of last instance
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
Case C-253/16 Flibtravel International and Leonard Travel International v AAL Renting and Others
Reference for a preliminary ruling — Article 96 TFEU — Applicability — National legislation prohibiting taxi services from offering individual seats — National legislation prohibiting taxi services from predetermining their destination — National legislation prohibiting taxi services from touting for custom
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
Case C-493/15 Agenzia delle Entrate v Identi
Reference for a preliminary ruling — Taxation — Value added tax — Article 4(3) TEU — Sixth Directive — State aid — Procedure discharging bankrupt natural persons from debts (esdebitazione) — Ineligibility of VAT debts)
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-47/16 Valsts ieņēmumu dienests v Veloserviss
Reference for a preliminary ruling — Customs union — Community Customs Code — Article 220(2)(b) — Post-clearance recovery of import duties — Legitimate expectations — Conditions under which applicable — Error of the customs authorities — Obligation imposed on the importer to act in good faith and to verify the circumstances of the issue of the Form A certificate of origin — Means of proof — Report of the European Anti-Fraud Office (OLAF))
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
Case C-138/16 AKM v Zürs.net
Reference for a preliminary ruling — Intellectual property — Copyright and related rights in the information society — Directive 2001/29/EC — Right of communication of works to the public — Article 3(1) — Exceptions and limitations — Article 5(3)(o) — Broadcast of television programmes through a local cable network — National law laying down exceptions for installations allowing access to a maximum of 500 subscribers and for the retransmission of broadcasts of the public broadcaster in national territory
Request for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
Joined Cases C-435/15 and C-666/15 GROFA and Others v Hauptzollamt Hannover and Inspecteur van de Belastingdienst/Douane kantoor Rotterdam Rijnmond
References for a preliminary ruling — Common Customs Tariff — Tariff headings — Classification of goods — Video Camera Recorders — Combined Nomenclature — Subheadings 8525 80 30, 8525 80 91 and 8525 80 99 — Explanatory notes — Interpretation — Implementing Regulations (EU) Nos 1249/2011 and 876/2014 — Interpretation — Validity
References for a preliminary ruling from the Finanzgericht Hamburg and the Rechtbank Noord-Holland
Languages of the case: German and Dutch
Joined Cases C-497/15 and C-498/15 Euro-Team and Spirál-Gép v Budapest Rendőrfőkapitánya
Reference for a preliminary ruling — Approximation of laws — Road transport — Tax provisions — Directive 1999/62/EC — Charging of heavy goods vehicles for the use of certain infrastructures — Toll — Member States’ obligation to establish effective, proportionate and dissuasive penalties — Flat-rate fine — Proportionality
References for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Joined Cases C-124/16, C-188/16 and C-213/16 Criminal proceedings against Tranca and Others
References for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2012/13/EU — Right to information in criminal proceedings — Right to be informed about the charge — Service of a penalty order — Procedures — Mandatory appointment of person authorised to accept service — Non-resident accused person with no fixed place of residence — Period for lodging an objection running from service on the person authorised to accept service
References for a preliminary ruling from the Amtsgericht München and the Landgericht München I
Language of the case: German
Case C-72/15 Rosneft v Her Majesty's Treasury and Others
Reference for a preliminary ruling — Common Foreign and Security Policy (CFSP) — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Provisions of Decision 2014/512/CFSP and Regulation (EU) No 833/2014 — Validity — Jurisdiction of the Court — EU-Russia Partnership Agreement — Obligation to state reasons — Principles of legal certainty and nulla poena sine lege certa — Access to capital markets — Financial assistance — Global Depositary Receipts — Oil sector — Request for interpretation of concepts of ‘shale’ and ‘waters deeper than 150 metres’ — Inadmissibility
Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Divisional Court)
Language of the case: English
Case C-652/15 Tekdemir v Kreis Bergstraße
Reference for a preliminary ruling — Association Agreement between the European Union and Turkey — Decision No 1/80 — Article 13 — ‘Standstill’ clause — Right of residence of members of the family of a Turkish worker duly registered as belonging to the labour force of a Member State — Existence of an overriding reason in the public interest justifying new restrictions — Efficient management of migration flows — Requirement for nationals of third countries under 16 years old to hold a residence permit — Proportionality
Request for a preliminary ruling from the Verwaltungsgericht Darmstadt
Language of the case: German
Case C-146/16 Verband Sozialer Wettbewerb v DHL Paket
Reference for a preliminary ruling — Unfair business practices — Advertisement in a print medium — Omission of material information — Access to that information via the website by means of which the products concerned are distributed — Products sold by the person who published the advertisement or by a third party
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-315/16 Lingurár v Miniszterelnökséget vezető miniszter
Reference for a preliminary ruling — Common agricultural policy — EAFRD financing — Rural development support — Natura 2000 payments — Eligibility limited to private owners — Forest area partially owned by the State)
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-335/16 VG Čistoća v Vladika and Vladika
Reference for a preliminary ruling — Environment — Waste — Directive 2008/98/EC — Recovery of waste management costs — Polluter-pays principle — Concept of ‘waste holders’ — Price charged for waste management — Special levy intended to finance capital investments
Request for a preliminary ruling from the Općinski sud u Velikoj Gorici
Language of the case: Croatian
Information (on unpublished decisions)
Case C-512/16 P(R) EMA v MSD Animal Health Innovation and Intervet international
Appeal — Order for interim measures — Access to documents — Regulation (EC) No 1049/2001 — Directive 2001/82/EC — Regulation (EC) No 726/2004 — Documents held by the European Medicines Agency (EMA) submitted in connection with an application for marketing authorisation for a veterinary medicinal product — Decision to grant a third party access to the documents — Suspension of operation of that decision — Prima facie case — Urgency — Balancing of interests
Case C-513/16 P(R) EMA v PTC Therapeutics International
Appeal — Order for interim measures — Access to documents — Regulation (EC) No 1049/2001 — Directive 2001/83/EC — Regulation (EC) No 726/2004 — Regulation (EC) No 141/2000 — Regulation (EC) No 507/2006 — Documents held by the European Medicines Agency (EMA) submitted in connection with an application for marketing authorisation for an orphan medicinal product — Decision to grant a third party access to documents — Suspension of the operation of that decision — Prima facie case — Urgency — Balancing of interests
Case C-655/15 P Panrico v EUIPO
Appeal — European Union trade mark — Regulation (EC) No 40/94 — Article 52 — Article 8(1)(b) and Article 8(5) — Figurative mark containing the word elements ‘krispy kreme doughnuts’ — National and international word and figurative marks containing the elements ‘donut’, ‘donuts’ and ‘doughnuts’ — Application for a declaration of invalidity — Dismissal
Case C-83/16 Heta Asset Resolution Bulgaria v Nachalnik na Mitnitsa Stolichna
Reference for a preliminary ruling — Articles 53(2) and 99 of the Rules of Procedure of the Court of Justice — Customs Code — Retrospective export declaration — Concept of ‘sufficient evidence’ — Assessment as to whether the evidence is sufficient
Case C-160/16 Commission v Greece
Failure of a Member State to fulfil obligations — Energy policy — Energy performance of buildings — Directive 2010/31/EU — Article 5(2) — Report on cost-optimal levels
Case C-576/16 P TVR Italia v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Opposition proceedings — Application for registration of the figurative mark containing the word elements “TVR ITALIA” — Rejection of the application for registration
Case C-625/16 P Pint v Commission
Appeal — Access to documents — Regulation (EC) No 1049/2001 — Documents from the Hungarian Government relating to the procedure EU Pilot No 8572/15 (CHAP(2015)00353 and 6874/14/JUST) concerning an alleged infringement by Hungary of Article 47 of the Charter of Fundamental Rights of the European Union — Request to be provided with documents — Lack of a response from the European Commission
Case C-615/15 P Samsung SDI and Samsung SDI (Malaysia) v Commission
Appeal — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Agreements and concerted practices on pricing, market sharing, customer allocation and output limitation — Fines — Guidelines on the method of setting fines (2006) — Point 13 — Determination of the value of sales relating to the infringement
Case C-105/16 P Poland v Commission
Appeal — EAGGF and EAFRD — Expenditure excluded from EU financing — Rural Development — Regulation (EC) No 1257/1999 — Article 33b — Support for semi‐subsistence farms undergoing restructuring — Obligation to spend at least 50% of the support on restructuring operations
Case C-232/16 P Simet v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Transport sector — Inter-regional bus transport services — Regulation (EEC) No 1191/69 — Right to compensation for expenses arising from the performance of public service obligations — National judicial decision — Aid incompatible with the internal market
Case C-563/15 Commission v Spain
Failure of a Member State to fulfil obligations — Environment — Directive 2008/98/EC — Articles 13 and 15 — Waste management — Protection of human health and the environment
Case C-515/16 Enedis v Axa Corporate Solutions and Ombrière Le Bosc
Request for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Articles 107 TFEU and 108 TFEU — State aid — Concept of ‘intervention by the State or through State resources’ — Solar power — Obligation to purchase at a price higher than the market price — Compensation in full — No prior notification
Case C-211/16 Bimotor v Agenzia delle Entrate - Direzione Provinciale II di Torino
Reference for a preliminary ruling — Value added tax — Principle of fiscal neutrality — National legislation laying down a fixed maximum ceiling limiting the amount of refund or compensation of credit or excess value added tax
Case C-665/15 Commission v Portugal
Failure of a Member State to fulfil obligations — Transport — Driving licences — EU driving licence network — Use of and connection to the EU network
April 2017
Case C-337/15 P Ombudsman v Staelen
Appeal — Non-contractual liability of the European Union — Handling by the European Ombudsman of a complaint concerning the management of a list of suitable candidates in an open competition — Breaches of the duty to act diligently — Concept of a ‘sufficiently serious breach’ of a rule of EU law — Non-material damage — Loss of confidence in the office of the European Ombudsman
Language of the case: French
Case C-544/15 Fahimian v Bundesrepublik Deutschland
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2004/114/EC — Article 6(1)(d) — Conditions of admission of third country nationals — Refusal of admission — Concept of ‘threat to public security’ — Margin of discretion
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C-598/14 P EUIPO v Szajner
Appeal — EU trade mark — Invalidity proceedings — Regulation (EC) No 207/2009 — Article 8(4) — Article 65(1) and (2) — Word mark LAGUIOLE — Application for a declaration of invalidity based on a prior right acquired pursuant to national law — Application of national law by EUIPO — Role of the EU Courts
Language of the case: French
Joined Cases C-217/15 and C-350/15 Criminal proceedings against Orsi and Baldetti
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Articles 2 and 273 — National legislation providing for an administrative penalty and a criminal penalty for the same offences, relating to the non-payment of value added tax — Charter of Fundamental Rights of the European Union — Article 50 — Ne bis in idem principle — Identity of the accused or penalised person — Absence
Requests for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere
Language of the case: Italian
Case C-298/15 Borta v VĮ Klaipėdos valstybinio jūrų uosto direkcija
Reference for a preliminary ruling — Public procurement — Directive 2004/17/EC — Contract not reaching the threshold laid down by that directive — Articles 49 and 56 TFEU — Limit on reliance on subcontracting — Submission of a common tender — Professional capacities of the tenderers — Changes to the tender specifications
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Joined Cases C-376/15 P and C-377/15 P Changshu City Standard Parts Factory and Ningbo Jinding Fastener v Council
Appeal — Dumping — Implementing Regulation (EU) No 924/2012 — Imports of certain iron or steel fasteners originating in the People’s Republic of China — Regulation (EC) No 1225/2009 — Article 2(10) and (11) — Exclusion of certain export transactions for the purposes of calculating the dumping margin — Fair comparison between the export price and the normal value in the case of imports from a non-market economy country
Language of the case: English
Case C-391/15 Marina del Mediterráneo and Others v Agencia Pública de Puertos de Andalucía
Reference for a preliminary ruling — Public procurement — Review procedures — Directive 89/665/EEC — Article 1(1) — Article 2(1) — Decision of a contracting authority allowing an economic operator to participate in a procurement procedure — Decision not amenable to review under the applicable national legislation
Request for a preliminary ruling from the Tribunal Superior de Justicia de Andalucía
Language of the case: Spanish
Case C-488/15 Commission v Bulgaria
Failure of a Member State to fulfil obligations — Environment — Directive 2008/50/EC — Ambient air quality — Article 13(1) — Annex XI — Daily and annual limit values for PM10 concentrations — Systematic and continuous exceedance of the limit values — Article 22 — Postponement of the deadlines set to attain certain limit values — Conditions under which applicable — Article 23(1) — Air quality plans — ‘Shortest possible’ exceedance period — Appropriate measures — Information needed for an assessment
Language of the case: Bulgarian
Case C-36/17 Ahmed v Bundesrepublik Deutschland
Request for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an application for asylum lodged in one of the Member States by a third-country national — Application for international protection made by a third-country national benefiting from the status conferred by subsidiary protection — Applicability of the take-back procedure
Request for a preliminary ruling from the Verwaltungsgericht Minden
Language of the case: German
Case C-336/15 Unionen v Almega Tjänsteförbunden and ISS Facility Services
Reference for a preliminary ruling — Social policy — Directive 2001/23/EC — Article 3 — Safeguarding of employees’ rights in the event of transfers of undertakings — Collective agreements applicable to the transferee and the transferor — Additional periods of notice granted to dismissed workers — Account to be taken of the length of service with the transferor
Request for a preliminary ruling from the Arbetsdomstolen
Language of the case: Swedish
Case C-638/15 Eko-Tabak v Generální ředitelství cel
Reference for a preliminary ruling — Directive 2011/64/EU — Article 2(1)(c) — Article 5(1)(a) — Definitions of ‘smoking tobacco’, ‘tobacco which has been cut or otherwise split’ and ‘industrial processing’
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-668/15 Jyske Finans v Huskic
Reference for a preliminary ruling — Equal treatment between persons irrespective of racial or ethnic origin — Directive 2000/43/EC — Article 2(2)(a) and (b) — Credit institution requiring persons applying for a loan to purchase a car who have produced a driving licence indicating a country of birth other than a Member State of the European Union or of the European Free Trade Association as a form of identification to provide additional proof of identity in the form of a copy of a passport or residence permit
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
Case C-527/15 Stichting Brein v Wullems
Reference for a preliminary ruling — Intellectual and industrial property — Directive 2001/29/EC — Harmonisation of certain aspects of copyright and related rights — Article 3(1) — Communication to the public — Definition — Sale of a multimedia player — Add-ons — Publication of works without the consent of the right holder — Access to streaming websites — Article 5(1) and (5) — Right of reproduction — Exceptions and limitations — Lawful use
Request for a preliminary ruling from the Rechtbank Midden-Nederland
Language of the case: Dutch
Case C-564/15 Farkas v Nemzeti Adó- és Vámhivatal Dél-alfödi Regionális Adó Főigazgatósága
Reference for a preliminary ruling — Plea alleging infringement of EU law raised by the Court of its own motion — Principles of equivalence and effectiveness — Common system of value added tax — Directive 2006/112/EC — Right to deduct input tax — Reverse charge system — Article 199(1)(g) — Application only in the case of immovable property — Undue payment of the tax by the purchaser of property to the seller as a result of an incorrectly drawn up invoice — Tax authority’s decision holding that the property purchaser has an outstanding tax liability, refusing payment of the deduction sought by the purchaser, and imposing a penalty tax
Request for a preliminary ruling from the Kecskeméti Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-632/15 Popescu v Guvernul României and Others
Reference for a preliminary ruling — Transport — Road transport — Driving licences — Directive 2006/126/EC — Article 13(2) — Concept of ‘entitlement to drive granted before 19 January 2013’ — National legislation transposing the directive — Obligation to obtain a driving licence imposed on persons who were allowed to ride a moped without a licence before the entry into force of that legislation
Request for a preliminary ruling from the Înalta Curte de Casație şi Justiție
Language of the case: Romanian
Case C-51/16 Stryker EMEA Supply Chain Services v Inspecteur van de Belastingdienst/Douane kantoor Rotterdam Rijnmond
Reference for a preliminary ruling — Common Customs Tariff — Tariff headings — Classification of goods — Implant screws intended to be inserted in the human body for the treatment of fractures or the stabilisation of prostheses — Combined Nomenclature — Heading 9021 — Implementing regulation (EU) No 1212/2014 — Validity
Request for a preliminary ruling from the Rechtbank Noord-Holland
Language of the case: Dutch
Case C-142/16 Commission v Germany
Failure of a Member State to fulfil obligations — Environment — Directive 92/43/EEC — Article 6(3) — Conservation of natural habitats — Construction of a coal-fired power plant in Moorburg (Germany) — Natura 2000 areas situated upstream of that coal-fired power plant on the corridor of the Elbe river — Assessment of the implications of a plan or project for a protected site
Language of the case: German
Case C-469/15 P FSL and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European banana market in Greece, Italy and Portugal — Coordination in the fixing of prices — Admissibility of evidence transmitted by national tax authorities — Rights of the defence — Calculation of the amount of the fine — Scope of judicial review — Classification as an ‘agreement having as its object the restriction of competition’
Language of the case: English
Case C-516/15 P Akzo Nobel and Others v Commission
Appeal — Agreements, decisions and concerted practices — European markets in tin stabilisers and in ESBO/esters heat stabilisers — Price fixing, market allocation and exchange of commercially sensitive information — Whether the unlawful conduct of the subsidiaries may be attributed to the parent company — Regulation (EC) No 1/2003 — Article 25(1) — Limitation period for the imposition of penalties on subsidiaries — Effects on the legal position of the parent company
Language of the case: English
Case C-535/15 Freie und Hansestadt Hamburg v Pinckernelle
Reference for a preliminary ruling — Registration, evaluation, authorisation and restriction of chemicals — Regulation (EC) No 1907/2006 (REACH Regulation) — General obligation to register and information requirements — Unregistered chemicals — Export of unregistered chemicals outside the territory of the European Union
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-559/15 Onix Asigurări v IVASS
Reference for a preliminary ruling — Directive 73/239/EEC — Directive 92/49/EEC — Principle of single authorisation — Principle of supervision by the home Member State — Article 40(6) — Concept of ‘irregularities’ — Reputation of shareholders — Prohibition on insurance companies established in a Member State concluding new contracts within the territory of another Member State
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-620/15 A-Rosa Flussschiff v Urssaf and Sozialversicherungsanstalt des Kantons Graubünden
Reference for a preliminary ruling — Migrant workers — Social security — Legislation applicable — Regulation (EEC) No 1408/71 — Article 14(2)(a) — Regulation (EEC) No 574/72 — Article 12a(1a) — Agreement between the European Community and the Swiss Confederation — Travelling personnel — Workers posted to another Member State — Swiss branch — E 101 certificate — Probative value
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C-672/15 Criminal proceedings against Noria Distribution
Reference for a preliminary ruling — Directive 2002/46/EC — Approximation of the laws of the Member States relating to food supplements — Vitamins and minerals which may be used in the manufacture of food supplements — Maximum amounts — Competence of the Member States — National legislation setting those amounts — Mutual recognition — Absence — Conditions to be respected and factors to be taken into consideration when setting those amounts
Request for a preliminary ruling from the Tribunal de grande instance de Perpignan
Language of the case: French
Joined Cases C-680/15 and C-681/15 Asklepios Kliniken v Felja and Asklepios Dienstleistungsgesellschaft v Graf
References for a preliminary ruling — Transfer of undertakings — Safeguarding of employees’ rights — Directive 2001/23/EC — Article 3 — Contract of employment — Legislation of a Member State authorising the incorporation of clauses referring to collective labour agreements after the date of the transfer — Effects with regard to the transferee
References for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Information (on unpublished decisions)
Case C-385/16 P Sharif University of Technology v Council
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Restrictive measures against the Islamic Republic of Iran — List of persons and entities subject to the freezing of funds and economic resources — Criterion relating to the material, logistical or financial support to the Government of Iran — Cooperation in research and technological development in military or military-related fields
Case C-555/16 Criminal proceedings against D'Andria and D'Andria
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National rules — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-581/16 Criminal proceedings against Turco
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National rules — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-582/16 Criminal proceedings against Consalvo
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National rules — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-58/16 Commission v Germany
Failure of a Member State to fulfil obligations — Improvement of port security — Directive 2005/65/EC — Articles 2(3), 6, 7 and 9 — Infringement — No assessment of port security — Port boundaries, port security assessments and port security officers — No definition
Case C-153/16 Commission v Slovenia
Failure of a Member State to fulfil obligations — Inappropriate storage of a large number of used tyres — Landfill not complying with the requirements fixed by Directives 2008/98/EC and 1999/31/EC — Persistent and continuous danger to the environment and human health
Case C-176/16 P Proforec v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Register of protected designations of origin and protected geographical indications — Regulation (EU) No 1151/2012 — Registration of the name ‘Focaccia di Recco col formaggio (IPG)’ — Lack of legal interest in bringing proceedings
Case C-464/16 P PITEE v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Request for access to Commission documents — Refusal — Action for annulment — Article 19 of the Statute of the Court of Justice of the European Union — Representation before the EU Courts — Lawyer who is not a third party in relation to the appellant — Action manifestly inadmissible — Article 47 of the Charter of Fundamental Rights of the European Union — Right to an effective remedy and to a fair trial — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-610/16 P Gaki v Parliament
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Petition addressed to the European Parliament — Decision to take no further action — Lack of competence of the Committee on Petitions — Complaint — Action for annulment and for failure to act — Appeal manifestly inadmissible
Case C-202/16 Commission v Greece
Failure of a Member State to fulfil obligations — Environment — Waste management — Directives 2008/98/EC and 1999/31/EC — Waste disposal site in Temploni (Greece)
Case C-535/16 Bachman v FAER IFN
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Consumer protection — Directive 93/13/EEC — Article 2(b) — Unfair terms in consumer contracts — Notion of ‘consumer’ — Natural person having concluded an agreement for novation with a credit institution in order to meet repayment obligations to that institution in respect of credit obtained by a commercial company
Case C-595/16 Emmea and Commercial Hub v Comune di Siracusa and Others
Reference for a preliminary ruling — Legislative and factual background to the case in the main proceedings — Insufficient information — Manifest inadmissibility — Article 53(2) of the Rules of Procedure of the Court of Justice — Article 94 of the Rules of Procedure of the Court of Justice
May 2017
Case C-387/14 Esaprojekt v Województwo
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Principles of equal treatment, non-discrimination and transparency — Technical and/or professional abilities of economic operators — Article 48(3) — Possibility to rely on the capacities of other entities — Article 51 — Possibility to supplement the tender — Article 45(2)(g) — Exclusion from participation in a public contract for serious misconduct
Request for a preliminary ruling from the Krajowa Izba Odwoławcza
Language of the case: Polish
Case C-274/15 Commission v Luxembourg
Failure of a Member State to fulfil obligations — Taxation — Value added tax — Directive 2006/112/EC — Article 132(1)(f) — Exemption from VAT of supplies of services by independent groups of persons to their members — Article 168(a) and Article 178(a) — Right of deduction for the members of the group — Article 14(2)(c) and Article 28 — Actions of a member in his own name and on behalf of the group
Language of the case: French
Case C-315/15 Pešková and Peška v Travel Service
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 5(3) — Compensation to passengers in the event of denied boarding and of cancellation or long delay of flights — Scope — Exemption from the obligation to pay compensation — Collision between an aircraft and a bird — Notion of ‘extraordinary circumstances’ — Notion of ‘reasonable measures’ to avoid extraordinary circumstances or the consequences thereof
Request for a preliminary ruling from the Obvodní soud pro Prahu 6
Language of the case: Czech
Case C-339/15 Criminal proceedings against Vanderborght
Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Provision of oral and dental care — National legislation prohibiting, in absolute terms, advertising for oral and dental care services — Existence of a cross-border element — Protection of public health — Proportionality — Directive 2000/31/EC — Information society service — Advertising via an internet site — Member of a regulated profession — Professional rules — Directive 2005/29/EC — Unfair trading practices — National provisions relating to health — National provisions governing regulated professions
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel
Language of the case: Dutch
Case C-699/15 Commissioners for Her Majesty's Revenue & Customs v Brockenhurst College
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Exemptions — Supply of restaurant and entertainment services by an educational establishment to a limited public in return for consideration
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
Case C-13/16 Valsts policijas Rīgas reģiona pārvaldes v Rīgas satiksme
Reference for a preliminary ruling — Directive 95/46/EC — Article 7(f) — Personal data — Conditions for the lawful processing of personal data — Concept of ‘necessity for the realisation of the legitimate interests of a third party’ — Request for disclosure of personal data of a person responsible for a road accident in order to exercise a legal claim — Obligation on the controller to grant such a request — No such obligation
Request for a preliminary ruling from the Augstākās tiesas Administratīvo lietu departaments
Language of the case: Latvian
Case C-17/16 El Dakkak and Intercontinental v Administration des douanes et droits indirects
Reference for a preliminary ruling — Regulation (EC) No 1889/2005 — Controls of cash entering or leaving the European Union — Article 3(1) — Natural person entering or leaving the European Union — Obligation to declare — International transit area of a Member State’s airport
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-29/16 HanseYachts v Port D’Hiver Yachting and Others
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 27 — Lis pendens — Court first seised — Point 1 of Article 30 — Concept of ‘document instituting the proceedings’ or ‘equivalent document’ — Application for proceedings to preserve or establish, prior to any legal proceedings, evidence of facts on which a subsequent action could be based)
Request for a preliminary ruling from the Landgericht Stralsund
Language of the case: German
Case C-33/16 Proceedings brought by A
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Article 148(d) — Exemption — Supply of services to meet the direct needs of vessels used for navigation on the high seas — Loading and unloading of cargo by a subcontractor on behalf of an intermediary
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-133/15 Chavez-Vilchez and Others v Raad van bestuur van de Sociale verzekeringbank and Others
Reference for a preliminary ruling — Union citizenship — Article 20 TFEU — Access to social assistance and child benefit conditional on right of residence in a Member State — Third-country national responsible for the primary day-to-day care of her minor child, a national of that Member State — Obligation on the third-country national to establish that the other parent, a national of that Member State, is not capable of caring for the child — Refusal of residence possibly obliging the child to leave the territory of the Member State, or the territory of the European Union
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
Case C-690/15 de Lobkowicz v Ministère des Finances et des Comptes Publics
Reference for a preliminary ruling — Officials of the European Union — Staff Regulations — Compulsory affiliation to the social security scheme of the EU institutions — Real estate income received in a Member State — Liability to pay General Social Contribution, social levy and additional contributions under the law of a Member State — Participating in the funding of the social security scheme of that Member State
Request for a preliminary ruling from the Cour administrative d'appel de Douai
Language of the case: French
Case C-562/14 P Sweden v Commission
Appeal — Right of public access to documents — Regulation (EC) No 1049/2001 — Third indent of Article 4(2) — Exceptions to the right of access to documents — Incorrect interpretation — Protection of the purpose of inspections, investigations and audits — Overriding public interest justifying the disclosure of documents — General presumption of confidentiality — Documents relating to an EU Pilot procedure
Language of the case: German
Case C-421/15 P Yoshida Metal Industry v EUIPO
Appeal — EU trade mark — Registration of signs consisting of a surface with black dots — Declaration of invalidity — Regulation (EC) No 40/94 — Article 7(1)(e)(ii) — Article 51(3)
Language of the case: English
Case C-36/16 Minister Finansów v Posnania Investment
Reference for a preliminary ruling — Taxation — Common system of value added tax — Directive 2006/112/EC — Article 2(1)(a) — Article 14(1) — Taxable transactions — Meaning of ‘supply of goods for consideration’ — Transfer to the State or to a local authority of immovable property in order to settle a tax debt — Not included
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-44/16 P Dyson v Commission
Appeal — Directive 2010/30/EU — Indication of energy consumption by labelling and standard product information — Delegated Regulation (EU) No 665/2013 — Energy labelling of vacuum cleaners — Energy efficiency — Measurement method — Limits of delegated powers — Distortion of the evidence — Duty of the General Court to state reasons
Language of the case: English
Case C-59/16 The Shirtmakers v Staatssecretaris van Financiën
Reference for a preliminary ruling — Customs union — Regulation (EEC) No 2913/92 — Community Customs Code — Article 32(1)(e)(i) — Customs value — Transaction value — Determination — Concept of ‘cost of transport’
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-131/16 Archus and Gama v Polskie Górnictwo Naftowe i Gazownictwo
Reference for a preliminary ruling — Public procurement — Directive 2004/17/EC — Principles of awarding contracts — Article 10 — Principle of equal treatment of tenderers — Requirement for contracting authorities to request tenderers to amend or supplement their tender — Right of the contracting authority to retain the bank guarantee in the event of refusal — Directive 92/13/EEC — Article 1(3) — Review procedures — Decision to award a public contract — Exclusion of a tenderer — Actions for annulment — Interest in bringing proceedings
Request for a preliminary ruling from the Krajowa Izba Odwoławcza
Language of the case: Polish
Case C-302/16 Krijgsman v Surinaamse Luchtvaart Maatschappij
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 5(1)(c) — Compensation and assistance to passengers in the event of cancellation of a flight — Exemption from the obligation to pay compensation — Contract for carriage concluded through an online travel agent — Air carrier having informed the travel agent in good time of a change to the scheduled time for the flight — Travel agent having communicated that information to a passenger by email 10 days before the flight
Request for a preliminary ruling from the Rechtbank Noord-Nederland
Language of the case: Dutch
Opinion 2/15 Opinion pursuant to Article 218(11) TFEU
Opinion pursuant to Article 218(11) TFEU — Free Trade Agreement between the European Union and the Republic of Singapore — ‘New generation’ trade agreement negotiated after the entry into force of the EU and FEU Treaties — Competence to conclude the agreement — Article 3(1)(e) TFEU — Common commercial policy — Article 207(1) TFEU — Trade in goods and services — Foreign direct investment — Public procurement — Commercial aspects of intellectual property — Competition — Trade with third States and sustainable development — Social protection of workers — Environmental protection — Article 207(5) TFEU — Services in the field of transport — Article 3(2) TFEU — International agreement which may affect common rules or alter their scope — Rules of secondary EU law concerning freedom to provide services in the field of transport — Non-direct foreign investment — Article 216 TFEU — Agreement necessary in order to achieve one of the objectives of the Treaties — Free movement of capital and of payments between Member States and third States — Succession of treaties concerning investment — Replacement of the investment agreements between Member States and the Republic of Singapore — Institutional provisions of the agreement — Investor-State dispute settlement — Dispute settlement between the Parties
Language of the case: English
Case C-682/15 Berlioz Investment Fund v Directeur de l'administration des contributions directes
Reference for a preliminary ruling — Directive 2011/16/EU — Administrative cooperation in the field of taxation — Article 1(1) — Article 5 — Request for information sent to a third party — Refusal to respond — Penalty — Concept of ‘foreseeable relevance’ of the information requested — Review by the requested authority — Review by a court — Scope — Charter of Fundamental Rights of the European Union — Article 51 — Implementation of EU law — Article 47 — Right to an effective judicial remedy — Access of the court and of the third party to the request for information sent by the requesting authority
Request for a preliminary ruling from the Cour administrative (Luxembourg)
Language of the case: French
Case C-68/15 X v Ministerraad
Reference for a preliminary ruling — Freedom of establishment — Parent-Subsidiary Directive — Tax legislation — Tax on company profits — Distribution of dividends — Withholding tax — Double taxation — ‘Fairness tax’
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
Case C-437/15 P EUIPO v Deluxe Entertainment Services Group
Appeal — EU trade mark — Figurative mark containing the word element ‘deluxe’ — Refusal of registration by the examiner
Language of the case: Spanish
Case C-48/16 ERGO Poist’ovňa v Barlíková
Reference for a preliminary ruling — Self-employed commercial agents — Directive 86/653/EEC — Commercial agent’s commission — Article 11 — Partial non-execution of the contract between the third party and the principal — Consequences for the right to commission — Concept of ‘reason for which the principal is to blame’
Request for a preliminary ruling from the Okresný súd Dunajská Streda
Language of the case: Slovak
Case C-337/16 P Portugal v Commission
Appeal — EAGF and EAFRD — European Commission implementing decision — Notification to the addressee — Subsequent rectification of the print lay-out of the annex — Publication of the decision in the Official Journal of the European Union — Period allowed for commencing proceedings — Point from which time starts to run — Delay — Inadmissibility
Language of the case: Portuguese
Case C-338/16 P Portugal v Commission
Appeal — EAGF and EAFRD — European Commission implementing decision — Notification to the addressee — Subsequent rectification of the print lay-out of the annex — Publication of the decision in the Official Journal of the European Union — Period allowed for commencing proceedings — Point from which time starts to run — Delay — Inadmissibility
Language of the case: Portuguese
Case C-339/16 P Portugal v Commission
Appeal — EAGF and EAFRD — European Commission implementing decision — Notification to the addressee — Subsequent rectification of the print lay-out of the annex — Publication of the decision in the Official Journal of the European Union — Time limit for bringing an action — Point from which time starts to run — Delay — Inadmissibility
Language of the case: Portuguese
Case C-365/16 AFEP and Others v Ministre des finances et des comptes publics
Reference for a preliminary ruling — Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States — Directive 2011/96/EU — Prevention of double taxation — Contribution of 3% in addition to corporation tax
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-617/15 Hummel Holding v Nike and Nike Retail
Reference for a preliminary ruling — Intellectual property — Regulation (EC) No 207/2009 — EU trade mark — Article 97(1) — International jurisdiction — Action for infringement brought against an undertaking with its seat in a third country — Second-tier subsidiary with its seat in the Member State of the court seised — Definition of ‘establishment’
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-624/15 Litdana v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 314 — Margin scheme — Conditions under which it is applicable — Refusal by the national tax authorities to grant a taxable person the right to apply the margin scheme — References on the invoices relating both to the application of the margin scheme by the supplier and to exemption from VAT — Margin scheme not applied by the supplier to the supply — Indications giving grounds for suspecting an infringement or fraud in the supply
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
Case C-99/16 Lahorgue v Ordre des avocats du barreau de Lyon and Others
Reference for a preliminary ruling — Freedom to provide services — Directive 77/249/EEC — Article 4 — Practice of the legal profession — Router for accessing the private virtual network for lawyers (RPVA) — Router for RPVA access — Refusal to issue to a lawyer registered at a Bar of another Member State — Discriminatory measure
Request for a preliminary ruling from the Tribunal de grande instance de Lyon
Language of the case: French
Case C-150/16 Fondul Proprietatea v Complexul Energetic Oltenia
Reference for a preliminary ruling — State aid — Debt owed to a company of which the Romanian State is the majority shareholder by a company of which that State is the sole shareholder — Transfer in lieu of payment — Definition of ‘State aid’ — Obligation to notify the European Commission
Request for a preliminary ruling from the Curtea de Apel Craiova
Language of the case: Romanian
Case C-154/16 Latvijas Dzelzceļš v Valsts ieņēmumu dienests
Reference for a preliminary ruling — Community Customs Code — Regulation (EEC) No 2913/92 — Article 94(1) and Article 96 — External Community transit procedure — Liability of the principal — Articles 203, 204 and Article 206(1) — Incurrence of a customs debt — Unlawful removal from customs supervision — Non-fulfilment of one of the obligations flowing from the use of a customs procedure — Total destruction or irretrievable loss of the goods as a result of the actual nature of the goods or unforeseeable circumstances or force majeure — Article 213 — Payment of the customs debt under joint and several liability — Directive 2006/112/EC — Value added tax (VAT) — Article 2(1), Articles 70 and 71 — Chargeable event and chargeability of the tax — Articles 201, 202 and 205 — Persons liable for payment of the tax — Finding by the customs office at the destination of a freight deficit — Lower unloading device of a wagon-tank incorrectly closed or damaged
Request for a preliminary ruling from the Augstākās tiesas Administratīvo lietu departaments
Language of the case: Latvian
Case C-45/15 P Safa Nicu Sepahan v Council
Appeal — Action for damages — Common foreign and security policy (CFSP) — Restrictive measures against the Islamic Republic of Iran — List of persons and entities subject to the freezing of funds and economic resources — Material damage — Non-material damage — Error of assessment in respect of the amount of compensation — None — Cross-appeal — Conditions governing the incurring of the European Union’s non-contractual liability — Obligation to substantiate the restrictive measures — Sufficiently serious breach
Language of the case: English
Case C-420/15 Criminal proceedings against U
Reference for a preliminary ruling — Article 45 TFEU — Freedom of movement for workers — Obligation to register a vehicle belonging to a person resident in Belgium and intended to be used in Italy
Request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles
Language of the case: French
Case C-228/16 P DEI v Commission
Appeal — State aid — Decision to take no further action — Refusal by the European Commission to continue to examine the applicant’s complaint — Lack of aid at the end of the preliminary examination stage — Purely confirmatory decision — Legal conditions for the withdrawal of a decision to take no further action
Language of the case: Greek
Information (on unpublished decisions)
Case C-239/15 P RFA International v Commission
Appeal — Dumping — Imports of ferrosilicon originating in Russia — Rejection of applications for a refund of anti-dumping duties paid
Case C-502/15 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Articles 3 to 5 and 10 — Annex I, Sections A, B and D — Urban waste-water treatment — Collecting systems — Secondary or equivalent treatment — More stringent treatment of discharges into sensitive areas
Case C-71/16 P Comercializadora Eloro v EUIPO
Appeal — EU trade mark — Application for registration of a figurative mark including word element ‘ZUMEX’ — Opposition of the proprietor of word mark JUMEX — Regulation (EC) No 207/2009 — Article 15(1), second subparagraph, (b) and Article 42(2) — Evidence of use — Use in the European Union — Article 76(2) — Additional evidence of use produced out of time before the Board of Appeal — Discretion of the European Union Intellectual Property Office (EUIPO)
Case C-98/16 Commission v Greece
Failure of a Member State to fulfil obligations — Taxation — Free movement of capital — Article 63 TFEU — Article 40 of the EEA Agreement — Inheritance taxes — Bequest in favour of not-for-profit bodies — Application of a preferential rate to bodies existing or legally constituted in Greece and to similar bodies outside Greece on a reciprocal basis — Different treatment — Restriction — Justification
Case C-417/16 P August Storck v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute grounds for refusal — Figurative mark — Representation of a white and blue square-shaped packaging — Distinctive character
Case C-653/16 Svobodová v Česká republika - Okresní soud v Náchodě
Reference for a preliminary ruling — Factual and regulatory background to the dispute in the main proceedings — Absence of sufficient information — Manifest inadmissibility — Article 53(2) and Article 94 of the Rules of Procedure of the Court
Case C-286/16 Exmitiani v Direcția Generală a Finanțelor Publice Cluj
Reference for a preliminary ruling — Activity of passenger road transport services — Tax — Facts prior to the accession of Romania to the European Union — Manifest lack of jurisdiction of the Court
Case C-639/16 P Foodcare v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Word mark T.G.R. ENERGY DRINK — Invalidity proceedings — Declaration of invalidity
Case C-22/17 P Neonart svetlobni in reklamni napisi Krevh v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the word mark neonart — Application lodged with General Court of the European Union signed by a ‘lawyer’ — Manifest inadmissibility — Article 19 of the Statute of the Court of Justice of the European Union — No representation by a lawyer — Appeal manifestly unfounded
Case C-53/17 Bericap v Nemzetgazdasági Minisztérium
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Aid granted by Member States — Derogations from the prohibition of aid — Aid capable of being regarded as compatible with the internal market — Regulation (EC) No 800/2008 — Definition of micro, small and medium-sized enterprises — Linked enterprises — Enterprises exercising their activities on the same market and forming part of a global group of enterprises owned by the members of one single family — Concept of ‘group of natural persons acting jointly’
Case C-37/17 P Keil v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Invalidity proceedings — Word mark BasenCitrate — Declaration of invalidity
June 2017
Case C-529/15 Proceedings brought by Folk
Reference for a preliminary ruling — Environmental liability — Directive 2004/35/EC — Article 17 — Temporal scope of application — Operation of a hydroelectric power plant put into operation before the period for transposing that directive had expired — Article 2(1)(b) — Concept of ‘environmental damage’ — National law excluding all damage covered by an authorisation — Article 12(1) — Access to justice in environmental matters — Locus standi — Directive 2000/60/EC — Article 4(7) — Direct effect
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-571/15 Wallenborn Transports v Hauptzollamt Gießen
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — External transit procedure — Goods transported through a free port located in a Member State — Legislation of that Member State excluding free ports from its national fiscal territory — Removal from customs supervision — Incurrence of a customs debt and chargeability of VAT
Request for a preliminary ruling from the Hessisches Finanzgericht
Language of the case: German
Case C-330/16 Zarski v Stadnicki
Reference for a preliminary ruling — Combating late payments in commercial transactions — Directive 2011/7/EU — Commercial lease contracts of indefinite duration — Late rent payments — Contracts concluded before the period for transposing that directive had expired — National rules — Exclusion of such contracts from the temporal scope of that directive
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
Case C-296/15 Medisanus v Splošna Bolnišnica Murska Sobota
Reference for a preliminary ruling — Public procurement — Medicinal products for human use — Directive 2004/18/EC — Article 2 and Article 23(2) and (8) — Articles 34 and 36 TFEU — Public contract for supplying a hospital — National legislation requiring that hospitals are to be supplied as a matter of priority with medicinal products obtained from national plasma — Principle of equal treatment
Request for a preliminary ruling from the Državna revizijska komisija za revizijo postopkov oddaje javnih naročil
Language of the case: Slovene
Case C-541/15 Proceedings brought by Freitag
Reference for a preliminary ruling — Citizenship of the Union — Article 21 TFEU — Freedom to move and reside in the Member States — Individual having the nationality of both the Member State in which he resides and the Member State in which he was born — Change of surname in the Member State of birth not carried out during a period of habitual residence — Name corresponding to birth name — Application for the entry of that name in the civil register of the Member State of residence — Rejection of that application — Reason — Name not acquired during a period of habitual residence — Existence of other procedures in national law to have that name recognised
Request for a preliminary ruling from the Amtsgericht Wuppertal
Language of the case: German
Case C-580/15 Van der Weegen and Others v Belgische Staat
Reference for a preliminary ruling — Article 56 TFEU — Article 36 of the Agreement on the European Economic Area — Tax legislation — Income tax — Tax exemption reserved to interest payments by banks complying with certain statutory conditions — Indirect discrimination — Banks established in Belgium and banks established in another Member State
Request for a preliminary ruling from the Rechtbank van eerste aanleg West-Vlaanderen, afdeling Brugge
Language of the case: Dutch
Case C-625/15 P Schniga v CPVO
Appeal — Community plant variety rights — Application for a Community plant variety right — Apple variety ‘Gala Schnitzer’ — Technical examination — Test guidelines issued by the Administrative Council of the Community Plant Variety Office (CPVO) — Regulation (EC) No 1239/95 — Article 23(1) — Powers of the President of the CPVO — Addition of a distinctive characteristic on completion of the technical examination — Stability of the characteristic during two growing cycles
Language of the case: English
Case C-689/15 W. F. Gözze Frottierweberei and Gözze v Verein Bremer Baumwollbörse
Reference for a preliminary ruling — Intellectual property — EU trade mark — Regulation (EC) No 207/2009 — Articles 9 and 15 — Filing of the cotton flower sign by an association — Registration as an individual trade mark — Licences to use the mark granted to cotton textile manufacturers affiliated with the association — Application for a declaration of invalidity or revocation — Concept of ‘genuine use’ — Essential function of indicating origin
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-54/16 Vinyls Italia v Mediterranea di Navigazione
Reference for a preliminary ruling — Area of freedom, security and justice — Insolvency proceedings — Regulation (EC) No 1346/2000 — Articles 4 and 13 — Acts detrimental to all the creditors — Conditions in which the act in question may be challenged — Act subject to the law of a Member State other than the State of the opening of proceedings — Act which is not open to challenge on the basis of that law — Regulation (EC) No 593/2008 — Article 3(3) — Law chosen by the parties — Location of all the elements of the situation concerned in the State of the opening of proceedings — Effect
Request for a preliminary ruling from the Tribunale Ordinario di Venezia
Language of the case: Italian
Case C-293/16 Sharda Europe v Administración del Estado and Syngenta Agro
Reference for a preliminary ruling — Agriculture — Placing of plant protection products on the market — Directive 2008/69/EC — Article 3(2) — Procedure for re-evaluation, by the Member States, of authorised plant protection products — Time limit — Divergence between the different language versions
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-111/17 PPU OL v PQ
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility — International child abduction — Hague Convention of 25 October 1980 — Regulation (EC) No 2201/2003 — Article 11 — Application for return — Concept of ‘habitual residence’ of an infant — Child born, as agreed by her parents, in a Member State other than that where they were habitually resident — Child continuing to reside for the first months of her life in the Member State of her birth — Mother’s decision not to return to the Member State where the couple had been habitually resident
Request for a preliminary ruling from the Monomeles Protodikeio Athinon
Language of the case: Greek
Case C-258/14 Florescu and Others v Casa Judeţeană de Pensii Sibiu and Others
Reference for a preliminary ruling — Article 143 TFEU — Difficulties as regards the balance of payments of a Member State — Financial assistance from the European Union — Memorandum of understanding concluded between the European Union and the Member State in receipt of the assistance — Social policy — Principle of equal treatment — National legislation prohibiting the combining of a public retirement pension with employment income from a professional activity carried out in a public institution — Different treatment of persons occupying posts whose term is laid down in the constitution and of professional judges and law officers
Request for a preliminary ruling from the Curtea de Apel Alba Iulia
Language of the case: Romanian
Case C-591/15 The Gibraltar Betting and Gaming Association v Commissioners for Her Majesty's Revenue and Customs and Her Majesty's Treasury
Reference for a preliminary ruling — Article 355(3) TFEU — Status of Gibraltar — Article 56 TFEU — Freedom to provide services — Purely internal situation — Inadmissibility
Request for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court)
Language of the case: English
Case C-610/15 Stichting Brein v Ziggo and XS4All Internet
Reference for a preliminary ruling — Intellectual and industrial property — Directive 2001/29/EC — Harmonisation of certain aspects of copyright and related rights — Article 3(1) — Communication to the public — Definition — Online sharing platform — Sharing of protected files, without the consent of the rightholder
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-678/15 Khorassani v Pflanz
References for a preliminary ruling — Directive 2004/39/EC — Markets in financial instruments — Article 4(1)(2) — Definition of ‘investment services’ — Point 1 of Section A of Annex I — Reception and transmission of orders in relation to one or more financial instruments — Potential inclusion of brokering with a view to concluding a portfolio management contract
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-685/15 Online Games and Others v Landespolizeidirektion Oberösterreich
Reference for a preliminary ruling — Article 49 TFEU — Freedom of establishment — Article 56 TFEU — Freedom to provide services — Games of chance — Restrictive legislation of a Member State — Penal administrative sanctions — Overriding reasons in the public interest — Proportionality — Charter of Fundamental Rights of the European Union — Article 47 — Right to effective judicial protection — National legislation laying down the requirement for the court to examine of its own motion the facts of the case before it in the context of the prosecution of administrative offences — Compliance
Request for a preliminary ruling from the Landesverwaltungsgericht Oberösterreich
Language of the case: German
Case C-26/16 Santogal M-Comércio e Reparação de Automóveis v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 138(2)(a) — Conditions for the grant of the exemption for an intra-Community supply of a new means of transport — Purchaser’s residence in the Member State of destination — Temporary registration in the Member State of destination — Risk of tax evasion — Good faith of the vendor — Obligation of diligence on the part of the vendor
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
Case C-38/16 Compass Contract Services v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling — Value added tax (VAT) — Repayment of overpaid VAT — Right to deduct VAT — Procedures — Principles of equal treatment and fiscal neutrality — Principle of effectiveness — National legislation introducing a limitation period
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Case C-75/16 Menini and Rampanelli v Banco Popolare
Reference for a preliminary ruling — Consumer protection — Alternative dispute resolution (ADR) procedures — Directive 2008/52/EC — Directive 2013/11/EU — Article 3(2) — Applications by consumers to set an order aside in the context of payment order proceedings instituted by a credit institution — Right of access to the judicial system — National legislation providing for mandatory recourse to a mediation procedure — Obligation to be assisted by a lawyer — Condition for the admissibility of proceedings before the courts
Request for a preliminary ruling from the Tribunale Ordinario di Verona
Language of the case: Italian
Case C-422/16 Verband Sozialer Wettbewerb v TofuTown.com
Reference for a preliminary ruling — Common organisation of the markets in agricultural products — Regulation (EU) No 1308/2013 — Article 78 and Annex VII, Part III — Decision 2010/791/EU — Definitions, designations and sales descriptions — ‘Milk’ and ‘milk products’ — Designations used for the promotion and marketing of purely plant-based products
Request for a preliminary ruling from the Landgericht Trier
Language of the case: German
Case C-67/17 Iliev v Ilieva
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 1(2)(a) — Scope — Matters excluded — Rights in property arising out of a matrimonial relationship — Dissolution of the marriage — Liquidation of property acquired during the marriage
Request for a preliminary ruling from the Rayonen sad Varna
Language of the case: Bulgarian
Case C-368/15 Proceedings brought by Ilves Jakelu
Reference for a preliminary ruling — Directive 97/67/EC — Article 9 — Freedom to provide services — Postal services — Notions of universal service and essential requirements — General and individual authorisations — Authorisation to provide postal services under individually negotiated contracts — Conditions imposed
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-436/15 Lietuvos Respublikos aplinkos ministerijos v Alytaus regiono atliekų tvarkymo centras
Reference for a preliminary ruling — Protection of the European Union’s financial interests — Regulation (EC, Euratom) No 2988/95 — Article 3(1) — Funding from the Cohesion Fund — Project for the development of a regional waste management system — Irregularities — Concept of ‘multiannual programme’ — Definitive termination of a multiannual programme — Limitation period
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-513/15 Proceedings brought by Agrodetalė
Reference for a preliminary ruling — Internal market — EC type-approval — Directive 2003/37/EC — Scope — Agricultural or forestry tractors — Placement on the market and registration in the European Union of used or second-hand vehicles imported from a third country — Concepts of ‘new vehicle’ and ‘entry into service’
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-587/15 Lietuvos Respublikos transporto priemonių draudikų biuras v Dockevičius and Dockevičienė
Reference for a preliminary ruling — Insurance against civil liability in respect of motor vehicles — Accident occurring in 2006 between vehicles normally based in different Member States — Internal Regulations of the Council of Bureaux of national insurers of the Member States — Lack of jurisdiction of the Court — Directive 2009/103/EC — Not applicable ratione temporis — Directives 72/166/EEC, 84/5/EEC and 2000/26/EC — Not applicable ratione materiae — Article 47 of the Charter of Fundamental Rights of the European Union — Inapplicability — Failure to implement EU law
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-19/16 P Al-Faqih and Others v Commission
Appeal — Common foreign and security policy (CFSP) — Fight against terrorism — Specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Regulation (EC) No 881/2002 — Freezing of funds and economic resources of natural and legal persons included in a list drawn up by the United Nations Sanctions Committee — Re-listing of those persons in Annex I to Regulation No 881/2002 after annulment of the original listing — Disappearance of the legal person in the course of the proceedings — Capacity to be a party to judicial proceedings
Language of the case: English
Case C-249/16 Kareda v Benkö
Reference for a preliminary ruling — Jurisdiction in civil and commercial matters — Regulation (EU) No 1215/2012 — Article 7(1) — Concepts of ‘matters relating to a contract’ and of a ‘contract for the provision of services’ — Recourse claim between jointly and severally liable debtors under a credit agreement — Determination of the place of performance of the credit agreement
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-349/16 T.KUP v Belgische Staat
Reference for a preliminary ruling — Dumping — Regulation (EC) No 1472/2006 — Imports of certain footwear with uppers of leather originating in China and Vietnam — Validity of Implementing Regulation (EU) No 1294/2009 — Expiry review of anti-dumping measures — Unrelated importers — Sampling — European Union interest
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel
Language of the case: Dutch
Joined Cases C-444/16 and C-445/16 Immo Chiaradia and Docteur De Bruyne v État belge
References for a preliminary ruling — Directive 78/660/EEC — Annual accounts of certain types of companies — Principle that a true and fair view must be given — Principle that valuation must be made on a prudent basis — Issuing company of a share option recognising the grant date price of the option in the course of the accounting year in which the option is exercised or at the end of its period of validity
References for a preliminary ruling from the Cour d'appel de Mons
Language of the case: French
Case C-621/15 W and Others v Sanofi Pasteur MSD and Others
Reference for a preliminary ruling — Directive 85/374/EEC — Liability for defective products — Article 4 — Pharmaceutical laboratories — Vaccination against hepatitis B — Multiple sclerosis — Proof of defect of vaccine and of causal link between the defect and the damage suffered — Burden of proof — Methods of proof — Lack of scientific consensus — Serious, specific and consistent evidence left to the discretion of the court ruling on the merits — Whether permissible — Conditions
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C-9/16 Criminal proceedings against A
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EC) No 562/2006 — Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Articles 20 and 21 — Crossing internal borders — Checks within the territory — National legislation authorising checks to establish the identity of persons apprehended within 30 kilometres of the common border with other States parties to the Convention implementing the Schengen Agreement — Possibility of checks irrespective of the behaviour of the person concerned or of the existence of specific circumstances — National legislation permitting certain controls on persons on the premises of railway stations
Request for a preliminary ruling from the Amtsgericht Kehl
Language of the case: German
Case C-449/16 Martinez Silva v INPS and Comune di Genova
Reference for a preliminary ruling — Social security — Regulation (EC) No 883/2004 — Article 3 — Family benefits — Directive 2011/98/EU — Article 12 — Right to equal treatment — Third-country nationals holding single permits
Request for a preliminary ruling from the Corte d'appello di Genova
Language of the case: Italian
Case C-549/15 E.ON Biofor Sverige v Statens energimyndighet
Reference for a preliminary ruling — Promotion of energy from renewable sources — Biofuels for transport — Directive 2009/28/EC — Article 18(1) — ‘Mass balance’ system to ensure that biogas meets the prescribed sustainability criteria — Validity — Articles 34 and 114 TFEU — National rules requiring the mass balance to be achieved within a location with a clear boundary — Practice of the competent national authority to accept that that condition may be satisfied where sustainable biogas is transported using the national gas network — Order of that authority stating that that condition cannot be satisfied where sustainable biogas is imported from other Member States via interconnected national gas networks — Free movement of goods
Request for a preliminary ruling from the Förvaltningsrätten i Linköping
Language of the case: Swedish
Case C-20/16 Bechtel v Finanzamt Offenburg
Reference for a preliminary ruling — Freedom of movement of workers — Income received in a Member State other than the Member State of residence — Method of exemption with maintenance of progressivity in the Member State of residence — Pension and health insurance contributions levied on income received in a Member State other than the Member State of residence — Deduction of those contributions — Condition relating to the absence of a direct link with exempted tax revenues
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-49/16 Unibet International v Nemzeti Adó- és Vámhivatal Központi Hivatala
Reference for a preliminary ruling — Freedom to provide services — Restrictions — Conditions for the award of a concession for the organisation of online games of chance — Practical impossibility of obtaining such a licence for private operators established in other Member States
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-126/16 Federatie Nederlandse Vakvereniging and Others v Smallsteps
Reference for a preliminary ruling — Directive 2001/23/EC — Articles 3 to 5 — Transfers of undertakings — Safeguarding of employees’ rights — Exceptions — Insolvency proceedings — ‘Pre-pack’ — Survival of an undertaking
Request for a preliminary ruling from the Rechtbank Midden-Nederland
Language of the case: Dutch
Case C-74/16 Congregación de Escuelas Pías Provincia Betania v Ayuntamiento de Getafe
Reference for a preliminary ruling –– State aid –– Article 107(1) TFEU –– Meaning of ‘State aid’ — Meaning of ‘undertaking’ and ‘economic activity’ –– Other conditions for the application of Article 107(1) TFEU –– Article 108(1) and (3) TFEU –– Meaning of ‘new aid’ and ‘existing aid’ –– Agreement of 3 January 1979 between the Kingdom of Spain and the Holy See — Tax on construction, installations and works –– Exemption for buildings belonging to the Catholic Church
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo No 4 de Madrid
Language of the case: Spanish
Case C-482/14 Commission v Germany
Failure of a Member State to fulfil obligations — Development of the Community’s railways — Directive 91/440/EEC — Article 6(1) — Deutsche Bahn group — Profit transfer agreement — Prohibition of the transfer of public aid earmarked for the management of railway infrastructure to rail transport services — Accounting obligations — Directive 91/440/EEC — Article 9(4) — Regulation (EC) No 1370/2007 — Article 6(1) — Point 5 of the annex — Accounting obligations — Presentation contract by contract of public aid paid for activities relating to the provision of passenger transport services in respect of public service remits
Language of the case: German
Joined Cases C-629/15 P and C-630/15 P Novartis Europharm v Commission
Appeal — Medicinal products for human use — Marketing authorisation — Regulation (EEC) No 2309/93 — Centralised procedure at EU level — Development of a medicinal product that was the subject of a marketing authorisation for other therapeutic indications — Separate marketing authorisation and new trade name — Directive 2001/83/EC — Second subparagraph of Article 6(1) and Article 10(1) — Concept of a ‘global marketing authorisation’ — Regulatory data protection period
Language of the case: English
Case C-436/16 Leventis and Vafeias v Malcon Navigation and Brave Bulk Transport
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 23 –– Jurisdiction clause — Jurisdiction clause in a contract between two companies — Action for damages — Joint and several liability of representatives of one of those companies for tortious acts — Ability of the representatives to rely upon that clause
Request for a preliminary ruling from the Areios Pagos
Language of the case: Greek
Case C-126/15 Commission v Portugal
Failure of a Member State to fulfil obligations — Excise duty on cigarettes — Directive 2008/118/EC — Chargeability — Place and time duty falls due — Tax markings — Free movement of goods subject to excise duty — Temporal limit on the marketing and sale of packets of cigarettes — Principle of proportionality
Language of the case: Portuguese
Case C-579/15 Popławski
Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and surrender procedures between Member States — Grounds for optional non-execution — Article 4(6) — Member State’s undertaking to enforce the sentence in accordance with its domestic law — Implementation — Obligation to interpret in conformity with EU law
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-288/16 L.Č. v Valsts ieņēmumu dienests
Reference for a preliminary ruling — Directive 2006/112/EC — Value added tax (VAT) — Article 146(1)(e) — Exemptions on exportation — Supply of services directly connected with the exportation or the importation of goods — Meaning
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
Information (on unpublished decisions)
Case C-10/17 P Polo Club v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Opposition proceedings — Figurative mark containing the word elements “POLO CLUB SAINT-TROPEZ HARAS DE GASSIN” — Rejection in part of the opposition
Case C-50/17 P Universidad Internacional de la Rioja v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of a figurative mark containing the word elements “UNIVERSIDAD INTERNACIONAL DE LA RIOJA uniR” — Rejection of the application for registration
Case C-411/16 P Holistic Innovation Institute v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Research projects financed by the European Union — Seventh Framework programme for research and technological development (2007-2013) — Project eDIGIREGION — Decision of the European Commission to refuse the applicant’s participation — Action for annulment and a declaration of liability
Case C-687/16 P Capella v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word mark ELGO — Rejection of the application for registration
Case C-86/17 P Redpur v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word mark Redpur — Rejection of the application for registration
Case C-110/16 Lg Costruzioni v Area – Azienda Regionale per l’Edilizia Abitativa
Reference for a preliminary ruling — Public works contract — Directive 2004/18/EC — Article 7 — Evaluation and determination of the technical capacities of the economic operators — Article 53(2) of the Rules of Procedure of the Court — Manifest inadmissibility
Case C-296/16 P Dextro Energy v Commission
Appeal — Consumer protection — Regulation (EC) No 1924/2006 — Health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health — Dismissal of the application to include certain claims despite the positive advice of the European Food Safety Authority (EFSA)
Case C-279/16 P Spain v Commission
Appeal — Action for annulment — EAGGF, EAGF and EAFRD — Expenditure excluded from EU financing — Expenditure incurred by the Kingdom of Spain
Case C-23/17 P For Tune v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the figurative mark including the word element ‘fortune’ — Rejection in part of the application for registration
Case C-662/16 P Laboratoire de la mer v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word mark RESPIMER — Likelihood of confusion — Rejection of the application for registration
Joined Cases C-556/15 and C-22/16 Fondul Proprietatea v Complexul Energetic Oltenia and SC Hidroelectrica
References for a preliminary ruling — Articles 53(2) and 94 of the Rules of Procedure of the Court of Justice — State aid — Participation of a company with a majority public shareholding in an increase in the share capital of a company in which the State is the sole shareholder or in the capital formation for a State-owned commercial company — Questions of a hypothetical nature — Insufficient information regarding the factual context — Manifest inadmissibility
July 2017
Case C-190/16 Fries v Lufthansa CityLine
Reference for a preliminary ruling — Air transport — Regulation (EU) No 1178/2011 — Annex I, point FCL.065(b) — Holders of a pilot’s licence who have attained the age of 65 prohibited from acting as pilots of aircraft engaged in commercial air transport — Validity — Charter of Fundamental Rights of the European Union — Article 15 — Freedom of occupation — Article 21 — Equal treatment — Discrimination on grounds of age — Commercial air transport — Concept
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-139/16 Moreno Marín and Others v Abadía Retuerta
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 3(1)(c) — National word mark La Milla de Oro — Grounds for refusal of registration or invalidity — Signs indicating geographical origin
Request for a preliminary ruling from the Audiencia Provincial de Burgos
Language of the case: Spanish
Case C-180/16 P Toshiba Corporation v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Decision taken by the European Commission following annulment in part of the initial decision by the General Court of the European Union — Amendment of fines — Rights of the defence — No adoption of a new statement of objections — Equal treatment — Joint venture — Calculation of the starting amount — Extent of contribution to the infringement — Res judicata
Language of the case: English
Case C-245/16 Nerea v Regione Marche
Reference for a preliminary ruling — State aid — Regulation (EC) No 800/2008 — General exemption by category — Scope — Article 1(6)(c) — Article 1(7)( c) — Concept of ‘undertaking in difficulty’ — Concept of ‘collective insolvency proceedings’ — Company granted State aid under a regional operational programme of the European Regional Development Fund (ERDF) subsequently admitted to an arrangement with creditors as a going concern — Withdrawal of the aid — Obligation to reimburse the advance paid
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per le Marche
Language of the case: Italian
Case C-254/16 Glencore Agriculture Hungary v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 183 — Principle of fiscal neutrality — Deduction of input tax — Refund of overpaid VAT — Investigation procedure — Fine imposed on the taxable person in the course of such a procedure — Extension of the period within which the refund must be made — Exclusion of payment of default interest
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-290/16 Air Berlin v Bundesverband der Verbraucherzentralen und Verbraucherverbände
Reference for a preliminary ruling — Transport — Common rules for the operation of air services in the European Union — Regulation (EC) No 1008/2008 — Provisions on pricing — Article 22(1) — Article 23(1) — Information required on presentation of fares and rates available to the general public — Obligation to indicate the actual sum of taxes, charges, surcharges or fees — Pricing freedom — Invoicing of handling fees in the event of cancellation of a flight booking by a passenger or failure to present for boarding — Consumer protection
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-392/16 Marcu v ANAF and Direcţia Generală Regională a Finanţelor Publice Bucureşti
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 199(1)(c) — No VAT registration — Reverse charge — Hypothetical nature of the question referred — Inadmissibility of the question referred
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-505/16 P Yanukovych v Council
Appeal — Article 181 of the Rules of Procedure of the Court — Restrictive measures taken having regard to the situation in Ukraine — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the applicant’s name — Modification of the form of order sought — Statement submitted in the name and on behalf of the deceased applicant
Language of the case: English
Case C-60/15 P Saint-Gobain Glass Deutschland v Commission
Appeal — Right of access to documents held by EU institutions — Regulation (EC) No 1049/2001 — Exceptions to the right of access — Article 4(3), first subparagraph — Protection of the decision-making process of those institutions — Environment — Aarhus Convention — Regulation (EC) No 1367/2006 — Article 6(1) — Public interest in the disclosure of environmental information — Information communicated by the German authorities to the European Commission pertaining to installations situated on German territory and concerned by the Union legislation on the scheme for greenhouse gas emission allowance trading — Partial refusal of access
Language of the case: German
Case C-633/15 London Borough of Ealing v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Exemptions of supplies of services closely linked to sport — Article 133 — Exclusion of the exemption in the event of a risk of distortion of competition to the disadvantage of commercial enterprises subject to VAT — Services supplied by non-profit making organisations governed by public law
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Case C-651/15 P VECCO and Others v Commission
Appeal — Regulation (EC) No 1907/2006 (REACH) — Article 58(2) — Authorisation — Substances of very high concern — Exemption — Regulation amending Annex XIV to Regulation (EC) No 1907/2006 — Inclusion of chromium trioxide in the list of substances subject to authorisation
Language of the case: English
Case C-701/15 Malpensa Logistica Europa v SEA
Reference for a preliminary ruling — Public procurement — Transport — Definition of ‘exploitation of a geographical area for the purpose of the provisions of airports or other terminal facilities to carriers by air’ — Directives 2004/17/EC and 96/67/EC — National legislation which does not require a tendering procedure to be conducted prior to the allocation of areas within an airport
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia
Language of the case: Italian
Case C-76/16 INGSTEEL and Metrostav v Úrad pre verejné obstarávanie
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Article 47(1), (4) and (5) — Economic and financial standing of the tenderer — Directives 89/665/EEC and 2007/66/EC — Judicial review of a decision to exclude a tenderer from a tendering procedure — Charter of Fundamental Rights of the European Union — Article 47 — Right to an effective remedy
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
Case C-89/16 Szoja v Sociálna poisťovňa and WEBUNG
Reference for a preliminary ruling — Application of social security schemes — Migrant workers — Person pursuing an activity as an employed person and an activity as a self-employed person in two different Member States — Determination of the applicable legislation — Regulation (EC) No 883/2004 — Article 13(3) — Regulation (EC) No 987/2009 — Article 14(5b) — Article 16 — Effects of the decisions of the Administrative Commission for the coordination of social security systems — Inadmissibility
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
Case C-129/16 Túrkevei Tejtermelő Kft. v Országos Környezetvédelmi és Természetvédelmi Főfelügyelőség
Reference for a preliminary ruling — Environment — Articles 191 and 193 TFEU — Directive 2004/35/EC — Applicability ratione materiae — Air pollution caused by illegal waste incineration — Polluter-pays principle — National legislation establishing joint liability between the owner of the land on which the pollution occurred and the polluter
Request for a preliminary ruling from the Szolnoki Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-133/16 Ferenschild v JPC Motor
Reference for a preliminary ruling — Sale of consumer goods and associated guarantees — Directive 1999/44/EC — Article 5(1) — Period of liability of the seller — Limitation period — Second subparagraph of Article 7(1) — Second-hand goods — Contractual reduction of the seller’s liability
Request for a preliminary ruling from the cour d'appel de Mons
Language of the case: French
Case C-151/16 Vakarų Baltijos laivų statykla v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling — Directive 2003/96/EC — Taxation of energy products and electricity — Article 14(1)(c) — Exemption of energy products used as fuel for the purpose of navigation within European Union waters and to produce electricity on board a craft — Fuel used by a ship to sail from the place where it was built to the port of another Member State for the purpose of taking on its first commercial cargo
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
Case C-193/16 E v Subdelegación del Gobierno en Álava
Reference for a preliminary ruling — Citizenship of the Union — Right to move and reside freely in the territory of the Member States — Directive 2004/38/EC — The second subparagraph of Article 27(2) — Restrictions on the right of entry and the right of residence on grounds of public policy, public security or public health — Expulsion from the territory for reasons of public policy or public security — Conduct representing a sufficiently serious present and genuine threat for a fundamental interest of society — Present and genuine threat — Concept — Union citizen residing in the host Member State where he is serving a prison sentence for repeated child sexual abuse offences
Request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco
Language of the case: Spanish
Case C-354/16 Kleinsteuber v Mars
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Articles 1, 2 and 6 — Equal treatment — Prohibition of any discrimination on grounds of sex — Occupational pension — Directive 97/81/EC — Framework Agreement on part-time work — Clause 4.1 and 4.2 — Method for calculating acquired pension rights — Legislation of a Member State — Different treatment of part-time workers
Request for a preliminary ruling from the Arbeitsgericht Verden
Language of the case: German
Case C-368/16 Assens Havn v Navigators Management
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Jurisdiction in insurance matters — National legislation providing, on certain conditions, for an injured person’s right to bring legal proceedings directly against the insurer of the person responsible for an accident — Agreement on jurisdiction concluded between the insurer and the party which caused the damage
Request for a preliminary ruling from the Højesteret
Language of the case: Danish
Case C-433/16 Bayerische Motoren Werke v Acacia
Reference for a preliminary ruling — Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001 — Intellectual property — Community designs — Regulation (EC) No 6/2002 — Articles 81 and 82 — Action for a declaration of non-infringement — Jurisdiction of Community design courts of the Member State where the defendant is domiciled
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-213/15 P Commission v Breyer
Appeal — Access to documents of the institutions — Article 15(3) TFEU — Regulation (EC) No 1049/2001 — Scope — Application for access to written submissions filed by the Republic of Austria in the case in which judgment was given on 29 July 2010, Commission v Austria (C‑189/09, not published, EU:C:2010:455) — Documents in the possession of the European Commission — Protection of court proceedings
Language of the case: German
Case C-566/15 Erzberger v TUI
Reference for a preliminary ruling — Free movement of workers — Principle of non-discrimination — Election of workers’ representatives to the supervisory board of a company — National legislation restricting the right to vote and to stand as a candidate to employees of establishments located in the national territory
Request for a preliminary ruling from the Kammergericht Berlin
Language of the case: German
Case C-143/16 Abercrombie & Fitch Italia v Bordonaro
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(1) — Article 2(2)(a) — Article 6(1) — Age discrimination — On-call employment contract which may be concluded with persons under 25 years of age — Automatic termination of the employment contract when the worker reaches 25 years of age
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-93/16 Ornua v Tindale & Stanton
Reference for a preliminary ruling — Intellectual property — EU trade mark — Unitary character — Regulation (EC) No 207/2009 — Article 9(1)(b) and (c) — Uniform protection of the right conferred by an EU trade mark against the likelihood of confusion and detriment to reputation — Peaceful coexistence of that mark with a national mark used by a third party in part of the European Union — Absence of peaceful coexistence elsewhere in the European Union — Perception of the average consumer — Differences of perception may exist in different parts of the European Union
Request for a preliminary ruling from the Audiencia Provincial de Alicante
Language of the case: Spanish
Case C-206/16 Marco Tronchetti Provera and Others v Consob
Reference for a preliminary ruling — Company law — Directive 2004/25/EC — Takeover bids — Second paragraph of Article 5(4) — Possibility of changing the price of the offer in specific circumstances and according to clearly determined circumstances and criteria — National law providing an option for the supervisory authority to increase the price of a takeover bid in the event of collusion between the offeror or the persons acting in concert with it and one or more sellers)
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-287/16 Fidelidade-Companhia de Seguros v Caisse Suisse de Compensation and Others
Reference for a preliminary ruling — Insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC — Article 3(1) — Second Directive 84/5/EEC — Article 2(1) — Insurance contract concluded on the basis of false statements concerning the ownership of the vehicle and the identity of its usual driver — Policyholder — No economic interest in the conclusion of that contract — Insurance contract null and void — Whether that nullity may be invoked against third-party victims
Request for a preliminary ruling from the Supremo Tribunal de Justiça
Language of the case: Portuguese
Case C-340/16 KABEG v MMA IARD
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 9(1) — Article 11(2) — Jurisdiction in matters relating to insurance — Direct action by the injured party against the insurer — Action brought by the employer, a public-law institution, statutory assignee of the rights of its employee, against the insurer of the vehicle involved — Subrogation)
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-357/16 Gelvora v Valstybinė vartotojų teisių apsaugos tarnyba
Reference for a preliminary ruling — Unfair commercial practices — Directive 2005/29/EC — Scope — Debt collection agency — Consumer credit — Assignment of debt — Nature of the legal relationship between the agency and the debtor — Article 2(c) — Concept of ‘product’ — Recovery measures taken in parallel to the intervention of a bailiff
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-416/16 Piscarreta Ricardo v Portimão Urbis and Others
Reference for a preliminary ruling — Directive 2001/23 — Article 1(1)(b) –– Article 2(1)(d) –– Transfer of undertakings –– Safeguarding of employees’ rights — Scope — Concepts of ‘employees’ and ‘transfer of a business’
Request for a preliminary ruling from the Tribunal Judicial da Comarca de Faro
Language of the case: Portuguese
Case C-599/14 P Council v LTTE
Appeal — Common foreign and security policy — Fight against terrorism — Restrictive measures against certain persons and entities — Freezing of funds — Common Position 2001/931/CFSP — Article 1(4) and (6) — Regulation (EC) No 2580/2001 — Article 2(3) — Retention of an organisation on the list of persons, groups and entities involved in terrorist acts — Conditions — Factual basis of the decisions to freeze funds — Decision taken by a competent authority — Obligation to state reasons
Language of the case: English
Case Opinion 1/15 Opinion pursuant to Article 218(11) TFEU
Opinion pursuant to Article 218(11) TFEU — Draft agreement between Canada and the European Union — Transfer of Passenger Name Record data from the European Union to Canada — Appropriate legal bases — Article 16(2), point (d) of the second subparagraph of Article 82(1) and Article 87(2)(a) TFEU — Compatibility with Articles 7 and 8 and Article 52(1) of the Charter of Fundamental Rights of the European Union
Language of the case: French
Case C-79/15 P Council v Hamas
Appeal — Common foreign and security policy — Fight against terrorism — Restrictive measures against certain persons and entities — Freezing of funds — Common Position 2001/931/CFSP — Article 1(4) and (6) — Regulation (EC) No 2580/2001 — Article 2(3) — Retention of an organisation on the list of persons, groups and entities involved in terrorist acts — Conditions — Factual basis of the decisions to freeze funds — Decision taken by a competent authority — Obligation to state reasons
Language of the case: French
Case C-560/15 Europa Way and Persidera v Autorità per le Garanzie nelle Comunicazioni and Others
Reference for a preliminary ruling — Electronic communications networks and services — Telecommunication services — Directives 2002/20/EC, 2002/21/EC and 2002/77/EC — Allocation of the rights to use digital terrestrial broadcasting radio frequencies for radio and television — Annulment of a free of charge on-going selection procedure (‘beauty contest’) and substitution of a fee-based auction for that procedure — Intervention of the national legislature — Independence of the national regulatory authorities — Prior consultation — Award criteria — Legitimate expectations
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-670/15 Proceedings brought by Šalplachta
Reference for a preliminary ruling — Area of freedom, security and justice — Access to justice in cross-border disputes — Directive 2003/8/EC — Minimum common rules relating to legal aid granted for such disputes — Scope — Legislation of a Member State providing that the costs of translation of the supporting documents necessary for the processing of a legal aid application are not reimbursable
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-696/15 P Czech Republic v Commission
Appeal — Transport — Directive 2010/40/EU — Deployment of Intelligent Transport Systems in the field of road transport — Article 7 — Delegation of power to the European Commission — Limits — Delegated Regulation (EU) No 885/2013 — Provision of information services for safe and secure parking places for trucks and commercial vehicles — Delegated Regulation (EU) No 886/2013 — Data and procedures for the provision of road safety-related minimum universal traffic information free of charge to users — Article 290 TFEU — Explicit definition of the objectives, content, scope and duration of the delegation of power — Essential element of the matter in question — Establishment of a supervisory body
Language of the case: Czech
Case C-80/16 ArcelorMittal Atlantique et Lorraine v Ministre de l’Écologie, du Développement durable et de lʼÉnergie
Reference for a preliminary ruling — Environment — Directive 2003/87/EC — Article 10a(1) — EU greenhouse gas emission allowance trading scheme — Free allocation of allowances — Decision 2011/278/EU — Validity — Principle of sound administration — Determination of the product benchmark for hot metal — Use of data in the ‘BREF’ for iron and steel production and guidelines for establishing benchmarks for hot metal — Meaning of ‘similar products’ — Reference installations — Obligation to state reasons
Request for a preliminary ruling from the Tribunal administratif de Montreuil
Language of the case: French
Case C-112/16 Persidera v Autorità per le Garanzie nelle Comunicazioni and Ministero dello Sviluppo Economico delle Infrastrutture e dei Trasporti
Reference for a preliminary ruling — Electronic communications — Telecommunication services — Directives 2002/20/EC, 2002/21/EC and 2002/77/EC — Equal treatment — Determination of the number of digital radio frequencies to be granted to each operator which already has analogue radio frequencies — Taking into consideration analogue radio frequencies used unlawfully — Correspondence between the number of analogue radio frequencies held and the number of digital radio frequencies obtained
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-175/16 Hälvä and Others v SOS-Lapsikylä
Reference for a preliminary ruling — Directive 2003/88/EC — Article 17 — Protection of the safety and health of workers — Organisation of working time — Additional payments — Child protection association — ‘Children’s village parents’ — Temporary absence of ‘foster parents’ — Workers employed as ‘relief parents’ — Definition
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Joined Cases C-196/16 and C-197/16 Comune di Corridonia and Others v Provincia di Macerata and Provincia di Macerata Settore 10 – Ambiente
References for a preliminary ruling — Environment — Directive 85/337/EEC — Directive 2011/92/EU — Possibility of carrying out, a posteriori, an environmental impact assessment of an operational plant for the production of energy from biogas with a view to obtaining a new consent
Requests for a preliminary ruling from the Tribunale amministrativo regionale per le Marche
Language of the case: Italian
Case C-225/16 Criminal proceedings against Ouhrami
Reference for a preliminary ruling — Area of freedom, security and justice — Return of illegally staying third-country nationals — Directive 2008/115/EC — Article 11(2) — Decision to impose an entry ban taken before that directive entered into force and relating to a longer period than that provided for by the directive — Time from which the period of the entry ban starts to run
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-348/16 Sacko v Commissione Territoriale per il riconoscimento della Protezione internazionale di Milano
Reference for a preliminary ruling — Asylum policy — Directive 2013/32/EU — Articles 12, 14, 31 and 46 — Charter of Fundamental Rights of the European Union — Article 47 — Right to effective judicial protection — Appeal against a decision refusing an application for international protection — Whether it is possible for the court to adjudicate without hearing the applicant
Request for a preliminary ruling from the Tribunale di Milano
Language of the case: Italian
Case C-386/16 Toridas v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 138(1) — Classification of a transaction as an intra-Community supply — Exemption of intra-Community supplies of goods — Intention of the person acquiring the goods to resell them to a taxable person in another Member State before they are taken out of the first Member State — Possible effect of some of the goods being processed before they are dispatched)
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-490/16 A.S. v Slovenia
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national — Arrival of an exceptionally large number of third-country nationals wishing to obtain international protection — Organisation by the authorities of a Member State of the crossing of the border for the purpose of transit to another Member State — Entry authorised by way of derogation for humanitarian reasons — Article 13 — Irregular crossing of an external border — Period of 12 months from the crossing of the border — Article 27 — Remedy — Scope of judicial review — Article 29 — Period of six months for the purpose of effecting the transfer — Running of the periods — Use of an appeal — Suspensory effect
Request for a preliminary ruling from the Vrhovno sodišče
Language of the case: Slovenian
Case C-519/16 Superfoz - Supermercados v Fazenda Pública
Reference for a preliminary ruling — Approximation of laws — Regulation (EC) No 882/2004 — Official controls of feed and food — Funding of official controls — Articles 26 and 27 — General taxation — Fees or charges — Charge on retail food outlets
Request for a preliminary ruling from the Tribunal Administrativo e Fiscal de Coimbra
Language of the case: Portuguese
Case C-646/16 Proceedings brought by Jafari and Jafari
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national — Arrival of an unusually large number of third-country nationals seeking international protection — Organisation of border crossing by the authorities of one Member State for the purpose of transit to another Member State — Entry authorised by way of derogation on humanitarian grounds — Article 2(m) — Definition of a ‘visa’ — Article 12 — Issuing of a visa — Article 13 — Irregular crossing of an external border
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-670/16 Mengesteab v Bundesrepublik Deutschland
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an application for international protection made in one of the Member States by a third-country national — Article 20 — Start of the determination process — Lodging an application for international protection — Report prepared by the authorities that reached the competent authorities — Article 21(1) — Time limits for making a take charge request — Transfer of responsibility to another Member State — Article 27 — Remedy — Scope of judicial review
Request for a preliminary ruling from the Verwaltungsgericht Minden
Language of the case: German
Information (on unpublished decisions)
Case C-87/17 P CBA Spielapparate- und Restaurantbetriebs v Court of Justice of the European Union
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for damages — Alleged non-compliance with EU law of the Austrian legislation in respect of gambling contributions — Failure, by the national courts or tribunals, to refer the matter to the Court for a preliminary ruling — Manifest lack of jurisdiction of the EU judicature
Case C-189/17 P(R) Gollnisch v Parliament
Appeal — Order for interim measures — European Parliament — Rules governing the payment of expenses and allowances to Members of the European Parliament — Recovery of allowances paid by way of reimbursement of parliamentary assistance expenses — Urgency
Case C-231/17 P Vatseva v European Court of Human Rights
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — General Court of the European Union’s lack of jurisdiction over an action to annul a decision of the European Court of Human Rights
Case C-388/16 Commission v Spain
Failure of a Member State to fulfil obligations — Judgment of the Court establishing a failure to fulfil obligations — Non-execution — Article 260(2) TFEU — Pecuniary penalties — Lump sum
Case C-35/17 Saferoad Grawil and Saferoad Kabex v Generalna Dyrekcja Dróg Krajowych i Autostrad Oddział w Poznaniu
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Public procurement — Principles of awarding contracts — Equal treatment of tenderers — Duration of validity of the tender and of the deposit — Extension not explicitly provided for — Exclusion from the tender procedure
Case C-261/17 P Ccc Event Management v Court of Justice of the European Union
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Actions for damages — Alleged non-compliance with EU law of the Austrian legislation in respect of gambling contributions — Failure, by the national courts or tribunals, to refer the matter to the Court for a preliminary ruling — Manifest lack of jurisdiction of the EU judicature
Case C-663/16 P Lysoform Dr. Hans Rosemann and Ecolab Deutschland v ECHA
Appeal — Article 181 of the Rules of Procedure of the Court of Justice –– Regulation (EU) No 528/2012 — Making available on the market and use of biocidal products — Article 95 — European Chemicals Agency (ECHA) — Publication of a list of active substances — Inclusion of a company as a supplier of an active substance
Case C-666/16 P Lysoform Dr. Hans Rosemann and Ecolab Deutschland v ECHA
Appeal — Article 181 of the Rules of Procedure of the Court of Justice –– Regulation (EU) No 528/2012 — Making available on the market and use of biocidal products — Article 95 — European Chemicals Agency (ECHA) — Publication of a list of active substances — Inclusion of a company as a supplier of an active substance
Case C-517/15 P AGC Glass Europe and Others v Commission
Appeal — Competition — Articles 101 TFEU and 102 TFEU — Regulation (EC) No 1/2003 — Article 30 — Decision of the European Commission finding an unlawful cartel on the European market for automotive glass — Publication of a non-confidential version of that decision — Rejection of a request for confidential treatment of certain information — Terms of reference of the hearing officer — Decision 2011/695/EU — Article 8 — Confidentiality — Information from a leniency application — Partial rejection of the request for confidential treatment — Legitimate expectations — Equal treatment
Case C-84/16 P Continental Reifen Deutschland v Compagnie générale des établissements Michelin
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Figurative mark including the word element ‘XKING’ — Opposition by the proprietor of national marks and an international registration including the word element ‘X’ — Rejection of opposition by the Board of Appeal — Likelihood of confusion — Distortion of the evidence
Case C-182/16 P Meica v EUIPO
Appeal — EU trade mark — Figurative trade mark containing the word element ‘STICK MiniMINI Beretta’ — Opposition by the proprietor of the EU word mark Mini Wini — Rejection of the opposition by the Board of Appeal of the European Union Intellectual Property Office (EUIPO) — Regulation (EC) No 207/2009 — Article 8(1)(b) –– Likelihood of confusion — Level of attention of the relevant public — Independent distinctive role — Dominance — Criteria for assessing visual similarity — Obligation to state reasons
Case C-471/16 P Staatliche Porzellan-Manufaktur Meissen v EUIPO
Appeal — EU trade mark — Opposition proceedings — Application for registration of the figurative mark including the word element ‘meissen’ — Rejection of the opposition — Evidence presented for the first time — Distortion — Genuine use of the earlier trade marks — Regulation (EC) No 207/2009 — Article 7(3)– Article 8(5) — Link between the trade marks to be compared)
August 2017
Case C-270/17 PPU Tupikas
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Surrender procedures between Member States — Conditions for execution — Reasons for optional non-execution — Article 4a(1) introduced by Framework Decision 2009/299/JHA — Arrest warrant issued for the purpose of executing a custodial sentence or a detention order — ‘Trial resulting in the decision’ — Person concerned having appeared in person at first instance — Appeal proceedings involving a re-examination of the substance of the case — Arrest warrant providing no information making it possible to check whether the rights of the defence of the person convicted were upheld during the appeal proceedings
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-271/17 PPU Zdziaszek
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Surrender procedures between Member States — Conditions for execution — Grounds for optional non-execution — Article 4a(1) of Framework Decision 2009/299/JHA — Arrest warrant issued for the purpose of executing a custodial sentence or a detention order — ‘Trial resulting in the decision’ — Legal proceedings amending or combining a sentence passed previously — Decision handing down a cumulative sentence — Decision handed down without the person concerned having appeared in person — Person convicted not having appeared in person at the trial in the context of his initial conviction, either at first instance or on appeal — Person represented by a legal counsellor in the appeal proceedings — Arrest warrant not providing any information in that regard — Consequences for the executing judicial authority
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
September 2017
Case C-413/14 P Intel v Commission
Appeal — Article 102 TFEU — Abuse of a dominant position — Loyalty rebates –– Commission’s jurisdiction — Regulation (EC) No 1/2003 — Article 19
Language of the case: English
Case C-473/15 Peter Schotthöfer & Florian Steiner v Adelsmayr
Requests for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Extradition of a national of a Member State of the European Union to a third State where he risks being subjected to the death penalty — Citizenship of the Union — Articles 18 and 21 TFEU — Article 19(2) of the Charter of Fundamental Rights of the European Union — Protection against extradition
Request for a preliminary ruling from the Bezirksgericht Linz
Language of the case: German
Joined Cases C-643/15 and C-647/15 Slovakia and Hungary v Council
Actions for annulment –– Decision (EU) 2015/1601 –– Provisional measures in the area of international protection for the benefit of the Hellenic Republic and the Italian Republic — Emergency situation characterised by a sudden inflow of nationals of third countries into certain Member States –– Relocation of those nationals to other Member States –– Relocation quotas –– Article 78(3) TFEU –– Legal basis –– Conditions under which applicable –– Concept of ‘legislative act’ — Article 289(3) TFEU –– Whether conclusions adopted by the European Council are binding on the Council of the European Union — Article 15(1) TEU and Article 68 TFEU — Essential procedural requirements — Amendment of the European Commission’s proposal — Requirements for a further consultation of the European Parliament and a unanimous vote within the Council of the European Union — Article 293 TFEU — Principles of legal certainty and of proportionality
Languages of the case: Slovak and Hungarian
Case C-331/15 P France v Schlyter
Appeal — Right of public access to documents of the EU institutions — Regulation (EC) No 1049/2001 — Article 4(2), third indent — Exceptions to the right of access to documents — Protection of the purpose of investigations — Directive 98/34/EC — Articles 8 and 9 — Detailed opinion of the European Commission concerning a draft technical regulation — Refusal to grant access
Language of the case: English
Case C-465/15 Hüttenwerke Krupp Mannesmann v Hauptzollamt Duisburg
Reference for a preliminary ruling — Taxation — Taxation of energy products and electricity — Directive 2003/96/CE — Scope — Article 2(4)(b) — Electricity used principally for the purposes of chemical reduction — Concept
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C-6/16 Eqiom and Enka v Ministre des Finances et des Comptes publics
Reference for a preliminary ruling — Direct taxation — Freedom of establishment — Free movement of capital — Withholding tax — Directive 90/435/EEC — Article 1(2) — Article 5(1) — Exemption — Dividends distributed by a resident subsidiary to a non-resident parent company controlled directly or indirectly by one or more residents of third States — Presumption — Fraud, tax evasion and abuse
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-174/16 H. v Land Berlin
Reference for a preliminary ruling — Social policy — Directive 2010/18/EU — Revised Framework Agreement on parental leave — Clause 5(1) and (2) — Return from parental leave — Right to return to the same job or an equivalent or similar job — Rights acquired or in the process of being acquired to be maintained as they stand — Civil servant of a Land promoted to civil servant on probation in a managerial post — Rules of that Land providing for the ending of the probationary period by operation of law and with no possibility of extension on expiry of a two-year period, even in the case of absence as a result of parental leave — Incompatibility — Consequences
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C-247/16 Schottelius v Seifert
Reference for a preliminary ruling — Consumer protection — Directive 1999/44/EC — Sale of consumer goods and associated guarantees — Notion of ‘contract of sale’ — Inapplicability of that directive — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Landgericht Hannover
Language of the case: German
Case C-248/16 Austria Asphalt v Bundeskartellanwalt
Reference for a preliminary ruling — Competition — Concentrations between undertakings — Regulation (EC) No 139/2004 — Article 3(1)(b) and (4) — Scope — Definition of ‘concentration’ — Change in the form of control of an existing undertaking which, previously exclusive, becomes joint — Creation of a joint venture performing on a lasting basis all the functions of an autonomous economic entity
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-506/16 Neto de Sousa v Estado português
Reference for a preliminary ruling — Insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC — Directive 84/5/EEC — Directive 90/232/EEC — Driver responsible for the accident which caused the death of his spouse, a passenger in the vehicle — National legislation excluding compensation for material damage suffered by the driver responsible for the accident
Request for a preliminary ruling from the Tribunal da Relação do Porto
Language of the case: Portuguese
Case C-559/16 Bossen and Gräßmann v Brussels Airlines
References for a preliminary ruling — Transport — Regulation (EC) No 261/2004 — Article 7(1) — Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights — Flight consisting of several legs — Concept of ‘distance’ to be taken into account
Request for a preliminary ruling from the Amtsgericht Hamburg
Language of the case: German
Case C-177/17 Demarchi Gino v Ministero della Giustizia
Reference for a preliminary ruling — Article 47(2) of the Charter of Fundamental Rights of the European Union — Implementation of EU law — Lack of a sufficiently close connection — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte
Language of the case: Italian
Case C-589/15 P Anagnostakis v Commission
Appeal — Institutional law — Citizens’ initiative inviting the European Commission to submit a legislative proposal relating to the writing off of public debt for Member States in a state of necessity — Application for registration — Refusal by the Commission — Manifest lack of powers of the Commission — Regulation (EU) No 211/2011 — Article 4(2)(b) — Obligation to state reasons — Article 122 TFEU — Article 136 TFEU — Infringement
Language of the case: Greek
Case C-648/15 Austria v Germany
Article 273 TFEU — Dispute between Member States submitted to the Court under a special agreement between the parties — Taxation — Bilateral convention for the avoidance of double taxation — Taxation of interest from financial instruments — Definition of ‘debt-claims with participation in profits’
Language of the case: German
Case C-591/14 Commission v Belgium
Failure of a Member State to fulfil obligations — State aid — Decision 2011/678/EU — State aid for financing screening of transmissible spongiform encephalopathies (TSE) in bovine animals — Aid incompatible with the internal market — Obligation of recovery — Non-performance
Language of the case: French
Case C-329/15 ENEA v Prezes Urzędu Regulacji Energetyki
Reference for a preliminary ruling — State aid — Concept of ‘aid granted by a Member State or through State resources’ — Obligation on a limited liability company in the energy sector, wholly owned by the State, to purchase energy produced by cogeneration with the production of heat
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-569/15 X v Staatssecretaris van Financiën
Reference for a preliminary ruling — Application of social security schemes — Migrant workers — Determination of the applicable legislation — Regulation (EEC) No 1408/71 — Article 14(2)(b)(i) — Person normally employed in the territory of two or more Member States — Person employed in one Member State and engaged in paid employment on the territory of another Member State during a period of unpaid leave lasting three months
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-570/15 X v Staatssecretaris van Financiën
Reference for a preliminary ruling — Application of social security schemes — Migrant workers — Determination of the applicable legislation — Regulation (EEC) No 1408/71 — Article 14(2)(b)(i) — Person normally employed in the territory of two or more Member States — Person employed in one Member State and who pursues part of his activities in the Member State of his residence
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-60/16 Khir Amayry v Migrationsverket
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national — Article 28 — Detention for the purposes of transfer of an applicant for international protection to the Member State responsible — Deadline for carrying out the transfer — Maximum period of detention — Calculation — Request to take charge accepted before the detention — Suspension of the implementation of the transfer decision
Request for a preliminary ruling from the Kammarrätten i Stockholm - Migrationsöverdomstolen
Language of the case: Swedish
Case C-111/16 Criminal proceedings against Fidenato and Others
Reference for a preliminary ruling — Agriculture — Genetically modified food and feed — Emergency measures — National measure seeking to prohibit the cultivation of genetically modified maize MON 810 — Maintenance or renewal of the measure — Regulation (EC) No 1829/2003 — Article 34 — Regulation (EC) No 178/2002 — Articles 53 and 54 — Conditions of application — Precautionary principle
Request for a preliminary ruling from the Tribunale di Udine
Language of the case: Italian
Case C-350/16 P Pappalardo and Others v Commission
Appeal — Common fisheries policy — Non-contractual liability of the European Union — Claim for compensation — Regulation (EC) No 530/2008 — Emergency measures adopted by the European Commission — Sufficiently serious breach of a rule of law — Whether possible to rely on that breach — Principle of non-discrimination — Res judicata
Language of the case: Italian
Case C-320/15 Commission v Greece
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Article 4(1) and (3) — Secondary or equivalent treatment
Language of the case: Greek
Joined Cases C-588/15 P and C-622/15 P LG Electronics and Koninklijke Philips Electronics v Commission
Appeal — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Agreements and concerted practices relating to prices, markets sharing, customer allocation and production limitation — Rights of the defence — Sending of the statement of objections only to the parent companies of a joint venture and not to the joint venture itself — Fine — 2006 Guidelines on the method of setting fines — Point 13 — Determining the value of sales relating to an infringement — Intragroup sales of the relevant product outside the European Economic Area (EEA) — Account to be taken of the sales within the EEA of final products in which the relevant product has been installed — Equal treatment
Language of the case: English
Case C-628/15 The Trustees of the BT Pension Scheme v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling — Free movement of capital — Article 63 TFEU — Scope — Tax legislation of a Member State — Corporation tax — Tax credit — Pension funds — Refusal to grant the tax credit to shareholders not subject to tax on investment income for dividends arising from foreign income — Interpretation of the judgment of 12 December 2006, Test Claimants in the FII Group Litigation (C‑446/04, EU:C:2006:774) — Tax credit unlawfully withheld — Remedies
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
Case C-646/15 Trustees of the P Panayi Accumulation & Maintenance Settlements v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling — Direct taxation — Freedom of establishment — Freedom to provide services — Free movement of capital — Trust — Trustees — Other legal persons — Meaning — Tax on gains in value of assets held in trust by reason of the trustees’ place of residence for tax purposes being transferred to another Member State– Determination of the amount of tax due at the time of that transfer — Tax payable immediately — Justification — Proportionality
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Case C-18/16 K. v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Standards for the reception of applicants for international protection — Directive 2013/32/EU — Article 9 — Right to remain in a Member State during the examination of the application — Directive 2013/33/EU — First subparagraph of Article 8(3)(a) and (b) — Detention — Verification of identity or nationality — Determination of the elements on which the application for international protection is based — Validity — Charter of Fundamental Rights of the European Union — Articles 6 and 52 — Restriction — Proportionality
Request for a preliminary ruling from the Rechtbank Den Haag zittingsplaats Haarlem
Language of the case: Dutch
Case C-56/16 P EUIPO v Instituto dos Vinhos do Douro e do Porto
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 8(4) and Article 53(1)(c) and (2)(d) — EU word mark PORT CHARLOTTE — Application for a declaration of invalidity of that mark — Protection conferred on the earlier designations of origin ‘Porto’ and ‘Port’ under Regulation (EC) No 1234/2007 and under national law — Exhaustive nature of the protection conferred on those designations of origin — Article 118m of Regulation (EC) No 1234/2007 — Concepts of ‘use’ and ‘evocation’ of a protected designation of origin
Language of the case: English
Case C-132/16 Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika v Iberdrola Inmobiliaria Real Estate Investments
Reference for a preliminary ruling — Taxation — Common system of value added tax — Directive 2006/112/EC — Article 26(1)(b) and Articles 168 and 176 — Deduction of input tax — Services relating to construction or improvement of a property belonging to a third party — Use of services by the third party and by the taxable person — Service supplied free of charge to the third party — Entry of costs incurred for services carried out in the accounts as part of the taxable person’s general costs — Determination of the existence of a direct and immediate link with the economic activity of the taxable person
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Joined Cases C-168/16 and C-169/16 Nogueira and Others v Crewlink Ireland and Moreno Osacar v Ryanair Designated Activity Company
References for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction — Jurisdiction over individual contracts of employment — Regulation (EC) No 44/2001 — Article 19(2)(a) — Concept of ‘place in which the employee habitually carries out his work’ — Airline sector — Airline crew — Regulation (EEC) No 3922/91 — Concept of ‘home base’
Requests for a preliminary ruling from the Cour du travail de Mons
Language of the case: French
Case C-177/16 Autortiesību un komunicēšanās konsultāciju aģentūra / Latvijas Autoru apvienība v Konkurences padome
Reference for a preliminary ruling — Competition — Article 102 TFEU — Abuse of a dominant position — Concept of ‘unfair price’ — Fees collected by a copyright management organisation — Comparison with rates charged in other Member States — Choice of reference Member States — Assessment criteria for prices — Calculation of the fine
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
Case C-184/16 Petrea v Ypourgou Esoterikon kai Dioikitikis Anasygrotisis
Reference for a preliminary ruling — Directive 2004/38/EC — Directive 2008/115/EC — Right to move and reside freely in the territory of the Member States — Residence of a national of a Member State within the territory of another Member State despite a prohibition on entering that State — Lawfulness of a decision to withdraw a registration certificate and a further expulsion decision — Possibility to rely, exceptionally, on the unlawfulness of an earlier decision — Translation obligation
Request for a preliminary ruling from the Dioikitiko Protodikeio Thessalonikis
Language of the case: Greek
Case C-223/16 Casertana Costruzioni v Ministero delle Infrastrutture e dei Trasporti - Provveditorato Interregionale per le opere pubbliche and A.R.CA.DI.S.
Reference for a preliminary ruling — Directive 2004/18/EC — Articles 47(2) and 48(3) — Tenderer relying on the capacities of other entities to meet the requirements of the contracting authority — Loss by those entities of the capacities required — National legislation providing for the exclusion of the tenderer from the call for tenders and for the award of the contract to a competitor
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-503/16 Delgado Mendes v Crédito Agrícola Seguros
Reference for a preliminary ruling — Compulsory insurance against civil liability in respect of the use of motor vehicles — Directives 72/166/EEC, 84/5/EEC, 90/232/EEC and 2009/103/EC — Theft of a vehicle — Motor vehicle accident — Personal injuries and property damage sustained by the insured owner of the vehicle, as a pedestrian — Civil liability — Compensation — Compulsory insurance cover — Exclusion clauses — National legislation excluding the insured owner of the vehicle from compensation from the insurers — Compatibility with those directives — Concept of ‘third parties who have been victims’
Request for a preliminary ruling from the Tribunal da Relação de Évora
Language of the case: Portuguese
Case C-552/15 Commission v Ireland (Registration tax)
Failure of a Member State to fulfil obligations — Freedom to provide services — Motor vehicles — Rental or leasing of a motor vehicle by a resident of one Member State from a supplier established in another Member State — Registration tax — Payment of the full amount of tax at the time of registration — Conditions for refunding tax — Proportionality
Language of the case: English
Joined Cases C-673/15 P to C-676/15 P The Tea Board v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Word marks and figurative marks including the word element ‘darjeeling’ or ‘darjeeling collection de lingerie’ — Opposition by the proprietor of EU collective marks — Collective marks consisting of the geographical indication ‘Darjeeling’ — Article 66(2) — Essential function — Conflict with applications for registration of individual trade marks — Likelihood of confusion — Definition — Similarity of goods and services — Criteria for assessment — Article 8(5)
Language of the case: English
Case C-183/16 P Tilly-Sabco v Commission
Appeal — Agriculture — Poultrymeat — Frozen chickens — Export refunds — Implementing Regulation (EU) No 689/2013 fixing the refund at EUR 0 — Legality — Regulation (EC) No 1234/2007 — Articles 162 and 164 — Subject matter and nature of the refunds — Criteria for fixing the amount — Powers of the Director-General of the Directorate-General (DG) for Agriculture and Rural Development to sign the contested regulation — Misuse of powers — ‘Comitology’ — Regulation (EU) No 182/2011 — Article 3(3) — Consultation with the Committee for the Common Organisation of the Agricultural Markets — Presentation of the draft implementing regulation during the meeting of that committee — Compliance with time limits — Infringement of essential procedural requirements — Annulment with maintenance of the effects)
Language of the case: French
Case C-186/16 Andriciuc and Others v Banca Românească
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Article 3(1) and Article 4(2) — Assessment of the unfairness of contractual terms — Loan agreement concluded in a foreign currency — Exchange rate risk born entirely by the consumer — Significant imbalance in the parties’ rights and obligations arising under the contract — Time at which the imbalance must be assessed — Scope of the concept of terms drafted in ‘plain intelligible language’ — Level of information to be procured by the bank
Request for a preliminary ruling from the Curtea de Apel Oradea
Language of the case: Romanian
Joined Cases C-215/16, C-216/16, C-220/16 and C-221/16 Elecdey Carcelen and Others v Comunidad Autónoma de Castilla-La Mancha
References for a preliminary ruling — Environment — Electricity generated by wind power — Directive 2009/28/EC — Promotion of the use of energy from renewable sources — Subparagraph (k) of the second subparagraph of Article 2 — Aid scheme — Subparagraph (e) of the second subparagraph of Article 13(1) — Administrative charges — Directive 2008/118/EC — General arrangements for excise duty — Article 1(2) — Other indirect taxes for specific purposes — Directive 2003/96/EC — Taxation of energy products and electricity — Article 4 — Minimum rate of taxation on energy — Levy imposed on turbines designed to produce electricity
Requests for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha
Language of the case: Spanish
Case C-300/16 P Commission v Frucona Košice
Appeal — State aid — Concept of ‘aid’ — Concept of ‘economic advantage’ — Private creditor test — Conditions of applicability — Application — Investigation obligations on the European Commission
Language of the case: English
Case C-85/15 P Feralpi v Commission
Appeal — Agreements, decisions and concerted practices — Italian producers of reinforcing bars — Fixing of prices and limiting and controlling output and sales — Infringement of Article 65 CS — Annulment of the initial decision by the General Court of the European Union — Decision re-adopted on the basis of Regulation (EC) No 1/2003 — Failure to issue a new statement of objections — Lack of a hearing following the annulment of the initial decision — Time taken in the proceedings before the General Court
Language of the case: Italian
Joined Cases C-86/15 P and C-87/15 P Ferriera Valsabbia and Others v Commission
Appeal — Agreements, decisions and concerted practices — Italian producers of reinforcing bars — Fixing of prices and limiting and controlling output and sales — Infringement of Article 65 CS — Annulment of the initial decision by the General Court of the European Union — Decision re-adopted on the basis of Regulation (EC) No 1/2003 — Failure to issue a new statement of objections — Lack of a hearing following the annulment of the initial decision — Time taken in the proceedings before the General Court
Language of the case: Italian
Case C-88/15 P Ferriere Nord v Commission
Appeal — Agreements, decisions and concerted practices — Italian producers of reinforcing bars — Fixing of prices and limiting and controlling output and sales — Infringement of Article 65 CS — Annulment of the initial decision by the General Court of the European Union — Decision re-adopted on the basis of Regulation (EC) No 1/2003 — Failure to issue a new statement of objections — Lack of a hearing following the annulment of the initial decision
Language of the case: Italian
Case C-89/15 P Riva Fire v Commission
Appeal — Agreements, decisions and concerted practices — Italian producers of reinforcing bars — Fixing of prices and limiting and controlling output and sales — Infringement of Article 65 CS — Annulment of the initial decision by the General Court of the European Union — Decision re-adopted on the basis of Regulation (EC) No 1/2003 — Failure to issue a new statement of objections — Lack of a hearing following the annulment of the initial decision — Time taken in the proceedings before the General Court
Language of the case: Italian
Case C-326/15 DNB Banka v Valsts ieņēmumu dienests
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/CE — Article 132(1)(f) — Exemptions for certain activities in the public interest — Exemption for the supply of services by independent groups of persons for their members — Applicability to financial services
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
Joined Cases C-361/15 P and C-405/15 P Easy Sanitary Solutions and EUIPO v Group Nivelles
Appeal — Intellectual property — Community designs — Regulation (EC) No 6/2002 — Article 5 — Novelty — Article 6 — Individual character — Article 7 — Disclosure to the public — Article 63 — Powers of the European Union Intellectual Property Office (EUIPO) in the taking of evidence — Burden of proof on the applicant for a declaration of invalidity — Requirements relating to the reproduction of an earlier design — Design for a shower drainage channel — Dismissal of an application for a declaration of invalidity by the Board of Appeal
Language of the case: Dutch
Case C-605/15 Minister Finansów v Aviva
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Article 132(1)(f) — Exemptions for certain activities in the public interest — Exemption for the supply of services by independent groups of persons for their members — Applicability to insurance
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-616/15 Commission v Germany
Failure of a Member State to fulfil obligations — Taxation — Value added tax — Directive 2006/112/EC — Article 132(1)(f) — Exemption for services supplied to their members by Independent Groups of Persons — Restriction to independent groups whose members exercise a limited number of professions
Language of the case: German
Case C-125/16 Malta Dental Technologists Association and Reynaud v Superintendent tas-Saħħa Pubblika and Kunsill tal-Professjonijiet Kumplimentari għall-Mediċina
Reference for a preliminary ruling — Directive 2005/36/EC — Recognition of professional qualifications — Dental technologists — Conditions governing the practice of the profession in the host Member State — Requirement for the compulsory intermediation of a dental practitioner — Application of that requirement in the case of clinical dental technologists pursuing their profession in the home Member State — Article 49 TFEU — Freedom of establishment — Restriction — Justification — Public interest objective of ensuring the protection of public health — Proportionality
Request for a preliminary ruling from the Prim’Awla tal-Qorti Ċivili
Language of the case: Maltese
Case C-149/16 Socha and Others v Szpital Specjalistyczny im. A. Falkiewicza
Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — Article 1(1) — Concept of ‘redundancies’ — Assimilation to redundancies of ‘terminations of an employment contract which occur on the employer’s initiative’ — Unilateral amendment by the employer of pay and working conditions
Request for a preliminary ruling from the Sąd Rejonowy dla Wrocławia-Śródmieścia
Language of the case: Polish
Case C-171/16 Beshkov v Sofiyska rayonna prokuratura
Reference for a preliminary ruling — Area of freedom, security and justice — Framework Decision 2008/675/JHA — Scope — Taking into account, in the course of new criminal proceedings, a previous conviction handed down in another Member State, in order to impose an overall sentence — National procedure for prior recognition of that conviction — Altering the arrangements for enforcing the sentence imposed in the other Member State
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
Case C-429/16 Ciupa and Others v II Szpital Miejski im. L. Rydygiera w Łodzi obecnie Szpital Ginekologiczno-Położniczy w Łodzi
Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — Article 1(1) and Article 2 — Concept of ‘redundancies’ — Assimilation to redundancies of ‘terminations of an employment contract which occur on the employer’s initiative’ — Unilateral amendment by the employer of working and pay conditions — Determination of the employer’s ‘intention’ to effect redundancies
Request for a preliminary ruling from the Sąd Okręgowy w Łodzi
Language of the case: Polish
Case C-441/16 SMS group v Direcţia Generală Regională a Finanţelor Publice Bucureşti
Reference for a preliminary ruling — Value added tax (VAT) — Eighth Directive 79/1072/EEC — Directive 2006/112/EC — Taxable person residing in another Member State — Refund of VAT charged on imported goods — Conditions — Objective elements confirming the intention of the taxable person to use the imported goods in the course of his economic activities — Serious risk of non-completion of the transaction that justified the importation
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
Joined Cases C-24/16 and C-25/16 Nintendo v BigBen Interactive
References for a preliminary ruling — Intellectual property — Regulation (EC) No 6/2002 — Article 20(1)(c), Article 79(1) and Articles 82, 83, 88 and 89 — Action for infringement — Limitation of the rights conferred by the Community design — Concept of ‘citations’ — Regulation (EC) No 44/2001 — Article 6(1) — Jurisdiction in respect of the co-defendant domiciled outside the Member State of the forum — Territorial scope of the jurisdiction of the Community design courts — Regulation (EC) No 864/2007 — Article 8(2) — Law applicable to claims seeking the adoption of orders relating to sanctions and other measures
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-73/16 Puškár v Finančné riaditeľstvo Slovenskej republiky and Kriminálny úrad finančnej správy
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Articles 7, 8 and 47 — Directive 95/46/EC — Articles 1, 7 and 13 — Processing of personal data — Article 4(3) TEU — Drawing up of a list of personal data — Subject matter — Tax collection — Fight against tax fraud — Judicial review — Protection of fundamental rights and freedoms — Legal action dependent on a requirement of a prior administrative complaint — Whether that list is permissible as evidence — Rules on the lawfulness of the processing of personal data — Performance of a task carried out in the public interest by the controller
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
Information (on unpublished decisions)
Case C-187/17 Alandžak v EUROHERC
Reference for a preliminary ruling — Factual and regulatory context of the dispute in the main proceedings — Lack of sufficient information — Manifest inadmissibility — Article 53(2) of the Rules of Procedure of the Court of Justice — Article 94 of the Rules of Procedure of the Court of Justice
Case C-188/17 P Todorov v Court of Justice of the European Union
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Actions for damages — Lack of jurisdiction of the General Court — Inadmissibility
Case C-218/17 P Natural Instinct v M. I. Industries
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the figurative mark Natural Instinct Dog and Cat food as nature intended — Opposition proceedings — Genuine use of the earlier mark
Case C-158/17 P Anton Riemerschmid Weinbrennerei und Likörfabrik v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Opposition proceedings — Application for registration of work mark LITU — Opposition dismissed
October 2017
Case C-164/16 Commissioners for Her Majesty's Revenue & Customs v Mercedes-Benz Financial Services UK
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 14(2)(b) — Supply of goods — Motor vehicles — Finance lease with an option to purchase
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
Case C-273/16 Agenzia delle Entrate v Federal Express Europe
Reference for a preliminary ruling — Value added tax (VAT) — Sixth Directive 77/388/EEC — Directive 2006/112/EC — Exemption from VAT — Article 86(1)(b) and Article 144 — Relief from import duties for goods of negligible value or of a non-commercial character — Exemption of the supply of services relating to the importation of goods — National legislation levying VAT on the transport costs of documents and goods of negligible value despite their being ancillary to non-taxable goods
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-567/15 LitSpecMet v Vilniaus lokomotyvų remonto depas
Reference for a preliminary ruling — Public works contracts, public supply contracts and public service contracts — Directive 2004/18/EC — Article 1(9) — Concept of contracting authority — Company wholly owned by a contracting authority — Transactions internal to the group
Request for a preliminary ruling from the Vilniaus apygardos teismas
Language of the case: Lithuanian
Case C-341/16 Hanssen Beleggingen v Prast-Knipping
Reference for a preliminary ruling — Judicial cooperation in civil and commercial matters — Regulation (EC) No 44/2001 — Jurisdiction — Article 2(1) — Jurisdiction of the courts of the place where the defendant is domiciled — Article 22(4) — Exclusive jurisdiction in proceedings concerned with the registration or validity of intellectual property rights — Proceedings to determine whether a person was correctly registered as the proprietor of a trade mark
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-413/15 Farrell v Whitty and Others
Reference for a preliminary ruling — Approximation of laws — Insurance against civil liability in respect of the use of motor vehicles — Directive 90/232/EEC — Article 1 — Liability for personal injury caused to all passengers other than the driver — Compulsory insurance — Direct effect — Directive 84/5/EEC — Article 1(4) — Organisation responsible for paying compensation for damage to property or personal injury caused by an unidentified or uninsured vehicle — Whether a directive can be relied on against a State — Conditions governing whether a private law body can be deemed to be an emanation of the State and whether provisions of a directive capable of having direct effect can be relied upon against it)
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
Case C-501/15 P EUIPO v Cactus
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Figurative mark containing the word elements ‘CACTUS OF PEACE CACTUS DE LA PAZ’ — Opposition by the proprietor of word and figurative EU trade marks containing the word element ‘Cactus’ — Nice Classification — Article 28 — Point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009 — Genuine use of the mark in an abbreviated form
Language of the case: English
Case C-661/15 X v Staatssecretaris van Financiën
Reference for a preliminary ruling — Customs union — Community Customs Code — Article 29 — Import of vehicles — Determination of the customs value — Article 78 — Revision of the declaration — Article 236(2) — Repayment of import duties — Period of three years — Regulation (EEC) No 2454/93 — Article 145(2) and (3) — Risk of defects — Period of 12 months — Validity
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-156/16 Tigers v Hauptzollamt Landshut
Reference for a preliminary ruling — Implementing Regulation (EU) No 412/2013 — Article 1(3) — Community Customs Code — Article 78 — Rule making the application of individual anti-dumping duty rates conditional upon presentation of a valid commercial invoice — Whether a valid commercial invoice may be presented after the customs declaration — Refusal to refund
Request for a preliminary ruling from the Finanzgericht München
Language of the case: German
Case C-192/16 Fisher and Others v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Article 355(3) TFEU — Status of Gibraltar — Article 49 TFEU — Article 63 TFEU — Freedom of establishment — Free movement of capital — Purely internal situation
Request for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
Case C-218/16 Proceedings brought by Kubicka
Reference for a preliminary ruling — Area of Freedom, Security and Justice — Regulation (EU) No 650/2012 — Succession and the European Certificate of Succession — Scope — Immovable property located in a Member State in which legacies ‘per vindicationem’ do not exist — Refusal to recognise the material effects of such a legacy
Request for a preliminary ruling from the Sąd Okręgowy w Gorzowie Wielkopolskim
Language of the case: Polish
Case C-262/16 Shields & Sons Partnership v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Article 296(2) — Article 299 — Common flat-rate scheme for farmers — Exclusion from the common scheme — Conditions — Concept of ‘category of farmers’
Request for a preliminary ruling from Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
Case C-278/16 Criminal proceedings against Sleutjes
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2010/64/EU — Article 3(1) — Right to interpretation and translation in criminal proceedings — Translation of ‘essential documents’ — Definition of essential documents — Penalty order issued following a simplified unilateral procedure and imposing on the addressee a fine for a minor offence
Request for a preliminary ruling from the Landgericht Aachen
Language of the case: German
Case C-289/16 Kamin und Grill Shop v Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main
Reference for a preliminary ruling — Agriculture — Organic products — Control system established by Regulation (EC) No 834/2007 — Concept of ‘direct sale to the final consumer or user’
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-404/16 Lombard Ingatlan Lízing v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság
Reference for a preliminary ruling — VAT — Directive 2006/112/EC — Article 90(1) — Direct effect — Taxable amount — Reduction in the case of cancellation or refusal — Reduction in the case of total or partial non-payment — Distinction — Financial leasing agreement terminated for non-payment of public charges
Request for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-194/16 Bolagsupplysningen and Ilsjan v Svensk Handel
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 7(2) — Special jurisdiction in matters relating to tort, delict or quasi-delict — Infringement of the rights of a legal person by the publication on the internet of allegedly incorrect information concerning that person and by the failure to remove comments relating to that person — Place where the damage occurred — Centre of interests of that person
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
Case C-409/16 Ypourgos Esoterikon and Ypourgos Ethnikis paideias kai Thriskevmaton v Kalliri
Reference for a preliminary ruling — Social policy — Directive 76/207/EEC — Equal treatment of men and women in matters of employment and occupation — Discrimination on the ground of sex — Competition for entry to the police school of a Member State — Law of that state imposing a minimum physical height requirement on all candidates for admission to that competition
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
Case C-531/15 Otero Ramos v Servicio Galego de Saúde and Instituto Nacional de la Seguridad Social
Reference for a preliminary ruling — Directive 92/85/EEC — Article 4(1) — Protection of the safety and health of workers — Breastfeeding worker — Risk assessment of her work — Challenged by the worker concerned — Directive 2006/54/EC — Article 19 — Equal treatment — Discrimination on grounds of sex — Burden of proof
Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
Case C-65/16 Istanbul Lojistik v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság
Reference for a preliminary ruling — Agreement establishing an association between the European Economic Community and Turkey — Article 9 — Decision No 1/95 of the EC-Turkey Association Council — Articles 4, 5 and 7 — Customs Union — Road transport — Motor vehicle tax — Taxation of heavy goods vehicles registered in Turkey crossing Hungary in transit
Request for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-101/16 Paper Consult v Direcţia Regională a Finanţelor Publice Cluj-Napoca and Administraţia Judeţeană a Finanţelor Publice Bistriţa Năsăud
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Right to deduct — Conditions governing the exercise of that right — Article 273 — National measures — Fight against tax evasion and tax avoidance — Invoice issued by a taxpayer declared ‘inactive’ by the tax authorities — Risk of tax evasion — Refusal of the right to deduct — Proportionality — Refusal to take into account evidence of the absence of tax evasion or tax losses — Limitation of the temporal effects of the judgment to be delivered — No limitation
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
Case C-198/16 P Agriconsulting Europe v Commission
Appeal — Non-contractual liability of the European Union — Public service contract — Operational technical assistance to set up and manage a network facility for the implementation of the European Innovation Partnership ‘Agricultural Productivity and Sustainability’ — Rejection of a tenderer’s bid — Abnormally low bid — Adversarial procedure
Language of the case: Italian
Case C-200/16 Securitas v ICTS Portugal and Others
Reference for a preliminary ruling — Directive 2001/23/EC — Article 1(1) — Transfers of undertakings or businesses — Safeguarding of employees’ rights — Obligation on the transferee to take on workers — Provision of security guard services carried out by an undertaking — Call for tenders — Award of the contract to another undertaking — Employees not taken on — National provision excluding from the ‘concept of a transfer of an undertaking or business’ the loss of a customer by an operator following the award of a service contract to another operator
Request for a preliminary ruling from the Supremo Tribunal de Justiça
Language of the case: Portuguese
Case C-231/16 Merck v Merck & Co. and Others
Reference for a preliminary ruling — Regulation (EC) No 207/2009 — EU trade mark — Article 109(1) — Civil actions on the basis of EU trade marks and national trade marks — Lis pendens — Meaning of ‘same cause of action’ — Use of the name ‘Merck’ on the internet in domain names and on social media platforms — One action based on a national trade mark followed by another based on an EU trade mark — Disclaimer of jurisdiction — Scope
Request for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
Case C-281/16 Vereniging Hoekschewaards Landschap v Staatssecretaris van Economische Zaken
Reference for a preliminary ruling — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Implementing Decision (EU) 2015/72 — List of sites of Community importance for the Atlantic biogeographical region — Reduction of the size of a site — Scientific error — Validity
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-295/16 Europamur Alimentación v Dirección General de Comercio y Protección del Consumidor de la Comunidad Autónoma de la Región de Murcia
Reference for a preliminary ruling — Consumer protection — Directive 2005/29/EC — Unfair business-to-consumer commercial practices — Scope of that directive — Sale by a wholesaler to retailers — Jurisdiction of the Court — National legislation laying down a general prohibition on selling at a loss — Exceptions based on criteria not provided for by that directive
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo de Murcia
Language of the case: Spanish
Case C-303/16 Solar Electric Martinique v Ministre des Finances et des Comptes publics
Reference for a preliminary ruling — Sixth VAT Directive — Directive 2006/112/EC — Works of construction — French overseas departments — Provisions rendered applicable by national law — Transactions consisting in sale and installation on buildings — Classification as a single transaction — Lack of jurisdiction
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-383/16 Vion Livestock v Staatssecretaris van Economische Zaken
Reference for a preliminary ruling — Common organisation of the markets — Protection of animals during transport — Export refunds — Regulation (EU) No 817/2010 — Regulation (EC) No 1/2005 — Obligation to keep up to date a copy of the journey log until the arrival of the animals at the place of the first unloading in the third country of final destination — Recovery of amounts over-paid
Request for a preliminary ruling from the the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
Case C-425/16 Raimund v Aigner
Reference for a preliminary ruling — Intellectual and industrial property — EU trade mark — Regulation (EC) No 207/2009 — Article 96(a) — Infringement proceedings — Article 99(1) — Presumption of validity — Article 100 — Counterclaim for a declaration of invalidity — Relationship between an action for infringement and a counterclaim for a declaration of invalidity — Procedural autonomy
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-522/16 A v Staatssecretaris van Financiën
Reference for a preliminary ruling — Customs union and Common Customs Tariff — Regulation (EEC) No 2913/92 — Second subparagraph of Article 201(3) and Article 221(3) and (4) — Regulation (EEC) No 2777/75 — Regulation (EC) No 1484/95 — Additional import duties — Artificial arrangement intended to avoid the additional duties due — Customs declaration based on false information — Persons capable of being held liable for the customs debt — Limitation period
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-556/16 Lutz v Hauptzollamt Hannover
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Customs Union — Common Customs Tariff — Tariff classification — Combined Nomenclature — Tariff headings — Subheading 6212 20 00 (Panty girdles) — Explanatory Notes to the Combined Nomenclature — Explanatory Notes to the Harmonised System
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C-573/16 Air Berlin v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling – – Indirect taxes – – Raising of capital – – Imposition of a duty of 1.5% on the transfer into a clearance service of newly issued shares or shares intended to be listed on a stock exchange of a Member State
Request for a preliminary ruling from the High Court of Justice of England and Wales, Chancery Division
Language of the case: English
Case C-389/15 Commission v Council
Action for annulment — Council decision authorising the opening of negotiations on a revised Lisbon Agreement on Appellations of Origin and Geographical Indications — Article 3(1) TFEU — Exclusive competence of the European Union — Common commercial policy — Article 207(1) TFEU — Commercial aspects of intellectual property
Language of the case: English
Case C-467/15 P Commission v Italy
Appeal — State aid — Aid granted by the Italian Republic to milk producers — Aid scheme linked to the reimbursement of the milk levy — Conditional decision — Decision adopted by the Council of the European Union pursuant to the third subparagraph of Article 108(2) TFEU — Regulation (EC) No 659/1999 — Article 1(b) and (c) — Existing aid — New aid — Definitions — Alteration to existing aid in breach of a condition ensuring compatibility of the aid with the internal market
Language of the case: Italian
Joined Cases C-593/15 P and C-594/15 P Slovakia v Commission
Appeal — Own resources of the European Union — Decision 2007/436/EC — Financial liability of the Member States — Loss of certain import duties — Obligation to pay the European Commission the amount corresponding to the loss — Actions for annulment — Admissibility — Letter from the European Commission — Concept of ‘actionable measure’
Language of the case: Slovak
Case C-599/15 P Romania v Commission
Appeal — Own resources of the European Union — Decision 2007/436/EC — Financial liability of the Member States — Loss of certain import duties — Obligation to pay the European Commission the amount corresponding to the loss — Actions for annulment — Admissibility — Letter from the European Commission — Concept of ‘actionable measure’
Language of the case: Romanian
Case C-650/15 P PPG and SNF v ECHA
Appeal — Regulation (EC) No 1907/2006 (REACH) — Article 57 — Substances of very high concern — Identification — Article 2(8)(b) — Exemption — Article 3(15) — Definition of ‘intermediate’ — Acrylamide
Language of the case: English
Case C-687/15 Commission v Council
Action for annulment — Conclusions of the Council of the European Union concerning the World Radiocommunication Conference 2015 of the International Telecommunication Union — Article 218(9) TFEU — Derogation from the prescribed legal form — No indication of the legal basis
Language of the case: English
Case C-106/16 Proceedings brought by Polbud - Wykonawstwo
Reference for a preliminary ruling — Freedom of establishment — Cross-border conversion of a company — Transfer of its registered office without transfer of its real head office — Refusal to remove it from the commercial register — National legislation whereby removal from commercial register is dependent on the winding up of a company after a liquidation procedure — Scope of freedom of establishment — Restriction on freedom of establishment — Protection of the interests of creditors, minority shareholders and employees — Prevention of abusive practices
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-201/16 Shiri v Bundesamt für Fremdenwesen und Asyl
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national — Article 27 — Remedy — Scope of the judicial review — Article 29 — Time limit for carrying out the transfer — No transfer within the time limit laid down — Obligations of the Member State responsible — Transfer of responsibility — Requirement for a decision of the Member State responsible
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-588/16 P Generics (UK) v Commission
Appeal — Intervention — Confidentiality
Language of the case: English
Case C-611/16 P Xellia Pharmaceuticals and Alpharma v Commission
Appeal — Intervention — Confidentiality
Language of the case: English
Case C-39/16 Argenta Spaarbank v Belgische Staat
Reference for a preliminary ruling — Corporation tax — Directive 90/435/EEC — Articles 1(2) and 4(2) — Parent companies and subsidiaries of different Member States — Common system of taxation — Deductibility from the taxable profits of the parent company — Domestic provisions seeking to abolish the double taxation of profits distributed by subsidiaries — No account taken of the existence of a link between the interest on loans and the financing of the holding that gave rise to the payment of dividends
Request for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen
Language of the case: Dutch
Case C-90/16 The English Bridge Union v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Exemption for supplies of services closely linked to sport — Definition of ‘sport’ — Activity characterised by a physical element — Duplicate bridge
Request for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
Case C-195/16 Criminal proceedings against I
Reference for a preliminary ruling — Transport — Driving licences — Directive 2006/126/EC — Article 2(1) — Mutual recognition of driving licences — Definition of ‘driving licence’ — Driving licence pass certificate authorising its holder to drive in the Member State having awarded it before the issue of the definitive driving licence — Situation in which the holder of a test pass certificate drives a vehicle in another Member State — Obligation to recognise the test pass certificate — Penalties imposed on the holder of the test pass certificate for driving a vehicle outside of the Member State in which it was awarded — Proportionality
Request for a preliminary ruling from the Amtsgericht Kehl
Language of the case: German
Case C-347/16 Balgarska energiyna borsa v Komisia za energiyno i vodno regulirane
Reference for a preliminary ruling — Articles 101 and 102 TFEU — Directive 2009/72/EC — Articles 9, 10, 13 and 14 — Regulation (EC) No 714/2009 — Article 3 — Regulation (EU) No 1227/2011 — Article 2(3) — Regulation (EU) 2015/1222 — Article 1(3) — Certification and designation of an independent transmission system operator — Limitation of the number of holders of electricity transmission licences in national territory
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C-356/16 Criminal proceedings against Wamo and Van Mol
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Directive 2005/29/EC — Unfair commercial practices — National legislation prohibiting the advertising of procedures relating to plastic surgery or non-surgical plastic medicine
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel
Language of the case: Dutch
Case C-407/16 Aqua Pro v Valsts ieņēmumu dienests
Reference for a preliminary ruling — Customs union — Community Customs Code — Article 220(1) and (2)(b) — Post-clearance recovery of import or export duties — Definition of ‘entry in the accounts of the import duties’ — Decision of the competent customs authority — Time limit for submitting an application for repayment or remission — Obligation to transmit the case to the European Commission — Evidence in the event of an appeal against a decision of the competent authority of the importing Member State
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
Case C-534/16 Finančné riaditeľstvo Slovenskej republiky v BB construct
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Inclusion in the register of taxable persons for VAT — National law requiring provision of a guarantee — Combating fraud — Charter of Fundamental Rights of the European Union — Freedom to conduct a business — Principle of non-discrimination — Principle ne bis in idem — Principle of non-retroactivity
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
Information (on unpublished decisions)
Case C-437/16 P Wolf Oil v EUIPO
Appeal — EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark CHEMPIOIL — Earlier figurative mark CHAMPION — Opposition dismissed
Case C-321/17 OJ v Partena and Others
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Insufficient information regarding the factual and legal context of the dispute in the main proceedings and lack of grounds justifying why an answer to the questions referred is necessary — Manifest inadmissibility
Case C-640/16 P Greenpeace Energy v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Action for annulment — Article 263 TFEU — Admissibility — Aid planned by the United Kingdom in favour of Hinkley Point C nuclear power station — Decision declaring the aid compatible with the internal market — Locus standi — Appellant not individually concerned
Case C-405/17 P Mladenova v Parliament
Appeal — Article 181 of the Rules of Procedure — Essential procedural requirements — Representation by a lawyer — Manifest inadmissibility
Case C-204/17 P(R) Hungary v Commission
Appeal — Order for interim measures — State aid — Hungarian tax on advertisement turnover — Progressive nature of the tax rate — Limitation of the possibility to deduct losses carried forward to companies which did not make a profit in 2013 — Decision of the European Commission declaring the aid incompatible with the internal market and ordering its recovery — Application to suspend the operation of that decision — Urgency — No need to adjudicate
Case C-549/16 Agenzia delle Entrate v Palais Kaiserkron
Reference for a preliminary ruling — Taxation — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 401 — Concept of ‘turnover tax’ — Leasing of immovable property used for the purposes of trade — Liability to pay registration duty and VAT
Case C-598/16 P Yanukovych v Council
Appeal — Restrictive measures taken in view of the situation in Ukraine — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the appellant’s name
Case C-599/16 P Yanukovych v Council
Appeal — Restrictive measures taken in view of the situation in Ukraine — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the appellant’s name
Case C-166/17 Sportingbet and Internet Opportunity Entertainment v Santa Casa da Misericórdia de Lisboa and Others
Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Restrictions — Operation of games of chance via websites — National legislation providing for a State monopoly — Article 99 of the Rules of Procedure of the Court of Justice — Question identical to a question on which the Court has already ruled or where the reply to such a question may be clearly deduced from existing case-law — Article 102 TFEU and Article 106(1) TFEU — Abuse of a dominant position — National legislation prohibiting advertising of games of chance except for those organised by a single operator subject to strict public-authority control which has been granted the exclusive right to organise such games — Article 53(2) of the Rules of Procedure of the Court of Justice — Question manifestly inadmissible
Case C-224/17 P Hernández Zamora v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Application for registration of the word mark Paloma — Earlier figurative mark Paloma — Opposition proceedings — Regulation (EC) No 207/2009 — Article 8(1)(b) — Likelihood of confusion — Principle of interdependence — Similarity of the marks — Absence
Case C-474/16 Criminal proceedings against Belu Dienstleistung and Nikless
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Identical questions referred for a preliminary ruling — Coordination of social security systems — Regulation (EC) No 883/2004 — Applicable legislation — A1 certificate — Probative value
Joined Cases C-655/16 and C-656/16 Hitachi Rail Italy Investments and Finmeccanica v Consob
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Company law — Directive 2004/25/EC — Takeover bids — Second subparagraph of Article 5(4) — Possibility of changing the price of the bid in specific circumstances and in line with clearly determined criteria — National legislation providing an option for the supervisory authority to increase a takeover bid in the event of collusion between the offeror and the seller
Joined Cases C-454/16 P to C-456/16 P and C-458/16 P Global Steel Wire and Others v Commission
Appeal — Regulation (EC) No 1/2003 — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Infringement of Article 101 TFEU — Fines — 2006 Guidelines on the method of setting fines — Paragraph 35 — Ability to pay — New request for a reduction in the amount of the fine on the ground of inability to pay — Letter of rejection — Action brought against that letter — Admissibility
Joined Cases C-457/16 P and C-459/16 P to C-461/16 P Global Steel Wire and Others v Commission
Appeal — Regulation (EC) No 1/2003 — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Infringement of Article 101 TFEU — Attributability of unlawful conduct of subsidiaries to their parent company — Definition of ‘undertaking’ — Evidence for the finding of an economic unit — Presumption of actual exercise of decisive influence — Successive undertakings — Amount of the fine — Ability to pay — Conditions — Observance of the rights of the defence
Case C-333/17 Caixa Económica Montepio Geral v Pimenta Marinho and Coelho Pimenta Marinho
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Articles 21 and 38 — Non-discrimination — Consumer protection — Contract for a bank loan — Question which does not concern a rule of EU law other than those contained in the Charter of Fundamental Rights — Manifest lack of jurisdiction of the Court
November 2017
Case C-98/15 Espadas Recio v SPEE
Reference for a preliminary ruling — Directive 97/81/EC — Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Clause 4 — Male and female workers — Equal treatment in matters of social security — Directive 79/7/EEC — Article 4 — ‘Vertical’ part-time worker — Unemployment benefit — National legislation excluding days not worked from the contribution period for the purpose of establishing the duration of the benefit
Request for a preliminary ruling from the Juzgado de lo Social de Barcelona
Language of the case: Spanish
Case C-489/15 CTL Logistics v DB Netz
Reference for a preliminary ruling — Rail transport — Directive 2001/14/EC — Infrastructure charges — Pricing — National regulatory body monitoring the conformity of those infrastructure charges with that directive — Contract for use of infrastructure concluded between a railway infrastructure manager and a railway undertaking — Principle of non-discrimination — Reimbursement of the charges without intervention by that body and outside the claims procedures involving it — National legislation enabling the civil courts to set a fair amount in the case of unfair charges
Request for a preliminary ruling from the Landgericht Berlin
Language of the case: German
Case C-649/15 P TV2/Danmark v Commission
Appeal — State aid — Article 107(1) TFEU — Public broadcasting service — Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark — Concept of ‘aid granted by a Member State or through State resources’ — Judgment in Altmark
Language of the case: Danish
Case C-656/15 P Commission v TV2/Danmark
Appeal — State aid — Article 107(1) TFEU — Public broadcasting service — Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark — Concept of ‘aid granted by a Member State or through State resources’
Language of the case: Danish
Case C-657/15 P Viasat Broadcasting UK v TV2/Danmark
Appeal — State aid — Article 107(1) TFEU — Public broadcasting service — Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark — Concept of ‘aid granted by a Member State or through State resources’ — Judgment in Altmark
Language of the case: Danish
Case C-46/16 Valsts ieņēmumu dienests v LS Customs Services
Reference for a preliminary ruling — Customs union — Regulation (EEC) No 2913/92 — Community Customs Code — Non-Community goods — External Community customs transit procedure — Unlawful removal from customs supervision of goods liable to import duties — Determination of the customs value — Article 29(1) — Conditions for the application of the transaction value method — Articles 30 and 31 — Choice of the method for determining the customs value — Obligation imposed upon the customs authorities to state reasons for the chosen method
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
Case C-204/16 P SolarWorld v Council
Appeal — Dumping — Implementing Regulation (EU) No 1238/2013 — Article 3 — Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China — Definitive anti-dumping duty — Exemption of imports covered by an accepted undertaking — Severability
Language of the case: English
Case C-205/16 P SolarWorld v Council
Appeal — Subsidies — Implementing Regulation (EU) No 1239/2013 — Article 2 — Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China — Definitive countervailing duty — Exemption of imports covered by an accepted undertaking — Severability
Language of the case: English
Case C-217/16 Commission v Dimos Zagoriou
Reference for a preliminary ruling — Enforceable decision of the European Commission ordering the recovery of sums paid — Article 299 TFEU — Enforcement — Implementing measures — Identification of the competent national court to hear disputes regarding enforcement — Identification of the person on whom the pecuniary obligation rests — Conditions for application of the national procedural rules — Procedural autonomy of the Member States — Principles of equivalence and effectiveness
Request for a preliminary ruling from the Efeteio Athinon
Language of the case: Greek
Case C-227/16 Arts v Veevoederbedrijf Alpuro
Reference for a preliminary ruling — Agriculture — Common agricultural policy — Regulation (EC) No 73/2009 — Single payment scheme — Veal farmer who concluded an integration contract — Contractual term under which the single payment is payable to the integration undertaking — Whether permissible
Request for a preliminary ruling from the Gerechtshof Arnhem-Leeuwarden
Language of the case: Dutch
Case C-298/16 Ispas v Direcţia Generală a Finanţelor Publice Cluj
Reference for a preliminary ruling — General principles of EU law — Right to good administration and rights of the defence — National tax rules providing for the right to be heard and the right to be informed during an administrative tax procedure — Decision to levy value added tax issued by the national tax authorities without giving the taxpayer access to the information and the documents upon which that decision was based
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
Case C-306/16 Maio Marques da Rosa v Varzim Sol – Turismo, Jogo e Animação
Reference for a preliminary ruling — Protection of the safety and health of workers — Directive 2003/88/EC — Article 5 — Weekly rest period — National legislation providing for at least one rest day per seven-day period — Periods of more than six consecutive working days
Request for a preliminary ruling from the Tribunal da Relação do Porto
Language of the case: Portuguese
Case C-423/16 P HX v Council
Appeal — Common foreign and security policy — Restrictive measures against the Syrian Arab Republic — Restrictive measures against a person listed in an annex to a decision — Extension of the validity of that decision during proceedings before the General Court of the European Union — Request to modify the application in the course of the hearing and not by a separate document — Article 86 of the Rules of Procedure of the General Court — Bulgarian language version — Annulment by the General Court of the original decision placing the person concerned on the list of persons subject to restrictive measures — Expiry of the extension decision — Continuation of the interest in bringing legal proceedings in relation to the modification of the application
Language of the case: Bulgarian
Case C-499/16 AZ v Minister Finansów
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 98 — Discretion of the Member States to apply a reduced rate to certain supplies of goods and services — Annexe III, point 1 — Foodstuffs — Pastry goods and cakes — Best-before date or use-by date — Principle of fiscal neutrality
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-552/16 Wind Inovation 1 v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika - Sofia
Reference for a preliminary ruling — Taxation — Common system of value added tax — Directive 2006/112/EC — Dissolution of a company resulting in its removal from the value added tax (VAT) register — Obligation to calculate VAT on available assets and to pay the VAT calculated to the State — Maintenance or amendment of the law existing on the date of accession to the European Union — Second paragraph of Article 176 — Effect on the right to deduct — Article 168
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C-641/16 Tünkers France and Tünkers Maschinenbau v Expert France
Reference for a preliminary ruling — Insolvency proceedings — Regulation (EC) No 1346/2000 — Court having jurisdiction — Action for unfair competition brought in the context of insolvency proceedings — Action brought by a company having its registered office in another Member State against the assignee of part of the business of a company subject to insolvency proceedings — Action not part of the proceedings or action deriving directly from those proceedings and closely connected with them
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C-671/15 Président de l’Autorité de la concurrence v APVE and Others
Reference for a preliminary ruling — Common agricultural policy — Article 42 TFEU — Regulation (EC) No 2200/96 — Regulation (EC) No 1182/2007 — Regulation (EC) No 1234/2007 — Anticompetitive practices — Article 101 TFEU — Regulation No 26 — Regulation (EC) No 1184/2006 — Producer organisations — Associations of producer organisations — Responsibilities of those organisations and associations — Practice of fixing minimum sale prices — Practice of concertation on quantities placed on the market — Practice of exchanges of strategic information — French endive market
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C-122/16 P British Airways v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European airfreight market — Commission decision concerning agreements and concerted practices in respect of several elements of the pricing of airfreight services — Defective statement of reasons — Plea involving a matter of public policy raised by the EU courts of their own motion — Prohibition on ruling ultra petita — Form of order set out in the application at first instance seeking the partial annulment of the decision at issue — The General Court of the European Union prohibited from annulling the decision at issue in its entirety — Article 47 of the Charter of Fundamental Rights of the European Union — Right to an effective remedy
Language of the case: English
Case C-165/16 Lounes v Secretary of State for the Home Department
Reference for a preliminary ruling — Citizenship of the Union — Article 21 TFEU — Directive 2004/38/EC — Beneficiaries — Dual nationality — Union citizen having acquired the nationality of the host Member State while retaining her nationality of origin — Right of residence in that Member State of a third-country national who is a family member of the Union citizen
Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)
Language of the case: English
Joined Cases C-374/16 and C-375/16 Geissel v Finanzamt Neuss and Finanzamt Bergisch Gladbach v Butin
References for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 168(a), Article 178(a) and Article 226(5) — Deduction of input tax — Compulsory content of invoices — Legitimate expectation on the part of the taxable person regarding the existence of the conditions giving rise to the right to deduct
References for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-507/16 Entertainment Bulgaria System v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika - Sofia
Reference for a preliminary ruling — Taxation — Directive 2006/112/EC — Article 168(a), Article 169(a), Article 214(1)(d) and (e), and Articles 289 and 290 — Deductibility of input value added tax (VAT) due or paid — Output transactions carried out in other Member States — Tax exemption scheme in the Member State in which the right to deduct is exercised
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C-658/15 Robeco Hollands Bezit and Others v AFM
Reference for a preliminary ruling — Directive 2004/39/EC — Markets in financial instruments — Article 4(1)(14) — Definition of ‘regulated market’ — Scope — System in which the participants are brokers representing investors and ‘open end’ investment fund agents required to execute orders relating to their funds
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
Case C-250/16 P Ludwig-Bölkow-Systemtechnik v Commission
Appeal — Arbitration clause — Sixth framework programme for research, technological development and demonstration activities (2002-2006) — Partial repayment of the sums paid to the appellant — Liquidated damages
Language of the case: German
Case C-308/16 Kozuba Premium Selection v Dyrektor Izby Skarbowej w Warszawie
Reference for a preliminary ruling — Taxation — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 12(1) and (2) — Article 135(1)(j) — Taxable transactions — Exemption for the supply of buildings — Concept of ‘first occupation’ — Concept of ‘conversion’
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-441/17 R Commission v Poland
Interim relief — Application for interim measures — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Directive 2009/147/EC — Conservation of wild birds
Language of the case: Polish
Case C-691/15 P Commission v Bilbaína de Alquitranes and Others
Appeal — Environment — Regulation (EC) No 1272/2008 — Classification, labelling and packaging of certain substances and mixtures — Regulation (EU) No 944/2013 — Classification of pitch, coal tar, high-temperature — Categories of acute aquatic toxicity (H400) and chronic aquatic toxicity (H410) — Duty to act diligently — Manifest error of assessment
Language of the case: English
Case C-224/16 Aebtri v Nachalnik na Mitnitsa Burgas
Reference for a preliminary ruling — Customs union — External transit — Road freight transport operation carried out under cover of a TIR carnet — Article 267 TFEU — Jurisdiction of the Court to interpret Articles 8 and 11 of the TIR Convention — TIR operation not discharged — Liability of the guaranteeing association — Article 8(7) of the TIR Convention — Duty of the competent authorities to require payment so far as possible from the person or persons directly liable before making a claim against the guaranteeing association –Explanatory notes annexed to the TIR Convention — Regulation (EEC) No 2454/93 — Article 457(2) — Community Customs Code — Articles 203 and 213 — Persons who acquired or held the goods and who were aware or should reasonably have been aware that they had been removed from customs supervision
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-251/16 Cussens and Others v Brosman
Reference for a preliminary ruling — Common system of value added tax (VAT) — Sixth Directive 77/388/EEC — Article 4(3)(a) and Article 13B(g) — Exemption of the supply of buildings, and of the land on which they stand, other than as described in Article 4(3)(a) — Principle that abusive practices are prohibited — Applicability in the absence of national provisions transposing that principle — Principles of legal certainty and of the protection of legitimate expectations
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
Joined Cases C-596/15 P and C-597/15 P Bionorica and Diapharm v Commission
Appeal — Public health — Consumer protection — Regulation (EC) No 1924/2006 — Health claims on foods — Article 13(3) — List of permitted health claims on foods — Botanical substances — Claims on hold — Action for failure to act — Article 265 TFEU — Defined position of the European Commission — Interest in bringing proceedings — Locus standi
Language of the case: German
Case C-246/16 Di Maura v Agenzia delle Entrate – Direzione Provinciale di Siracusa
Reference for a preliminary ruling — Value added tax (VAT) — Taxable amount — Sixth Directive 77/388/EEC — Second subparagraph of Article 11C(1) — Restriction of the right to reduce the taxable amount in the event of non-payment by the other party to the contract — Scope for implementation by the Member States — Proportionality of the period of pre-financing by the trader
Request for a preliminary ruling from the Commissione tributaria provinciale di Siracusa
Language of the case: Italian
Case C-292/16 Proceedings brought by A
Reference for a preliminary ruling — Freedom of establishment — Direct taxation — Corporation tax — Directive 90/434/EEC — Article 10(2) — Transfer of assets — Non-resident permanent establishment transferred, in the course of a transfer of assets, to a receiving company also non-resident — Right of the Member State of the transferring company to tax that establishment’s profits or capital gains resulting from the transfer of assets — National legislation providing for immediate taxation of the profits or capital gains in the year of transfer — Collection of the tax due as revenue of the tax year in which the transfer of assets took place
Request for a preliminary ruling from the Helsingin hallinto-oikeus
Language of the case: Finnish
Case C-381/16 Benjumea Bravo de Laguna v Torras Ferrazzuolo
Reference for a preliminary ruling — Regulation (EC) No 207/2009 — EU trade mark — Article 16 — Trade mark as an object of property — Dealing with EU trade marks as national trade marks — Article 18 — Transfer of a trade mark registered in the name of the agent or representative of the trade mark’s proprietor — National provision allowing the possibility of bringing an action for recovery of ownership of a national trade mark registered in fraud of the owner’s rights or in breach of a legal or contractual obligation — Whether compatible with Regulation No 207/2009
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Joined Cases C-427/16 and C-428/16 CHEZ Elektro Bulgaria v Kotsev and FrontEx International v Yanakiev
Reference for a preliminary ruling — Competition — Freedom to provide services — Setting of minimum fee amounts by a lawyers’ professional organisation — Court prohibited from ordering reimbursement of fees in an amount less than those minimum amounts — National legislation considering value added tax (VAT) to form part of the price of a service provided in the performance of professional activities
Requests for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
Case C-547/16 Gasorba and Others v Repsol Comercial de Productos Petrolíferos
Competition — Article 101 TFEU — Agreements between undertakings — Business relationships between service station operators and oil companies — Long-term exclusive supply agreement for fuel — European Commission decision making an undertaking’s commitments binding — Extent to which national courts are bound by a commitment decision adopted by the Commission — Articles 9(1) and 16(1) of Regulation (EC) No 1/2003
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-514/16 Pinheiro Vieira Rodrigues de Andrade and da Silva Rodrigues de Andrade v Proença Salvador and Others
Reference for a preliminary ruling — Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC — Article 3(1) — Concept of ‘use of vehicles’ — Accident on a farm — Accident involving an agricultural tractor that was stationary but with the engine running in order to drive a spray pump for applying herbicide
Request for a preliminary ruling from the Tribunal da Relação de Guimarães
Language of the case: Portuguese
Case C-214/16 King v The Sash Window Workshop and Dollar
Reference for a preliminary ruling — Protection of the safety and health of workers — Directive 2003/88/EC — Organisation of working time — Article 7 — Allowance in lieu of annual leave paid on termination of the employment relationship — National legislation requiring a worker to take his annual leave without the remuneration in respect of that leave being established
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
Case C-265/16 VCAST v RTI
Reference for a preliminary ruling — Approximation of laws — Copyright and related rights — Directive 2001/29/EC — Article 5(2)(b) — Private copying exception — Article 3(1) — Communication to the public — Specific technical means — Provision of a cloud computing service for the remote video recording of copies of works protected by copyright, without the consent of the author concerned — Active involvement of the service provider in the recording
Request for a preliminary ruling from the Tribunale di Torino
Language of the case: Italian
Information (on unpublished decisions)
Case C-586/15 P-DEP Nestlé Unternehmungen Deutschland v Lotte
Taxation of costs — Manifest inadmissibility
Case C-481/16 Commission v Greece
Failure of a Member State to fulfil obligations — State aid — Aid declared unlawful and incompatible with the internal market — Obligation to recover — Obligation to provide information — Non-implementation — Pleas in defence — Absolute impossibility of implementation
Case C-496/16 Aranyosi
Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Grounds for refusal to execute — Charter of Fundamental Rights of the European Union — Article 4 — Prohibition of inhuman or degrading treatment — Conditions of detention in the issuing Member State — Annulment of the European arrest warrant by the issuing judicial authority — Hypothetical question — No need to adjudicate
Case C-476/16 Hrvatska agencija za civilno zrakoplovstvo v Air Serbia and Kondić
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Whether the body making a reference is a ‘court or tribunal’ — Independence — Manifest inadmissibility of the request for a preliminary ruling
Case C-491/16 Instituto de Financiamento da Agricultura e Pescas v Maxiflor
Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court — Regulation (EC) No 1260/1999 — Regulation (EC, Euratom) No 2988/95 — Article 3(1) — Protection of the European Union’s financial interests — Concept of ‘multiannual programme’ — Scope of application
Case C-243/17 Instituto de Financiamento da Agricultura e Pescas v da Silva Rodrigues
Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court — Regulation (EC) No 1260/1999 — Regulation (EC, Euratom) No 2988/95 — Article 3(1) — Protection of the European Union’s financial interests — Concept of ‘multiannual programme’ — Scope of application
Case C-615/16 Kerr v Fazenda Pública
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 15(2) and Article 135(1)(f) — Rights to use immovable property — Exemptions — Scope — Concept of ‘negotiation’
Case C-232/17 VE v WD
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Credit agreement denominated in a foreign currency — Lack of sufficient information concerning the factual and legal context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred — Manifest inadmissibility
Case C-259/17 Rózsavölgyi v Unicredit Leasing Hungary and Unicredit Leasing Immo Truck
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Consumer protection — Unfair terms in consumer contracts — Loan contract denominated in a foreign currency — Insufficient information regarding the factual and regulatory context of the dispute in the main proceedings and the reasons justifying the need for an answer to the questions referred for a preliminary ruling — Manifest inadmissibility
Case C-424/17 P Kaleychev v European Court of Human Rights
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Lack of jurisdiction of the General Court of the European Union to hear and determine an action seeking annulment of a decision of the European Court of Human Rights — Appeal manifestly inadmissible
Case C-472/15 P SACE and Sace BT v Commission
Appeal — State aid — Export credit insurance — Reinsurance cover provided by a public undertaking to its subsidiary — Capital contributions to cover the subsidiary’s losses — Notion of State aid — Imputability to the State — Private investor test
Case C-107/16 Criminal proceedings against Fidenato
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Agriculture — Genetically modified food and feed — Emergency measures — National measure seeking to prohibit the cultivation of genetically modified maize MON 810 — Adoption and maintenance of the measure — Regulation (EC) No 1829/2003 — Article 34 — Regulation (EC) No 178/2002 — Articles 53 and 54 — Conditions of application — Precautionary principle
Case C-131/17 Cunha Martins v Fundo de Garantia Automóvel
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Charter of Fundamental Rights of the European Union — Article 47 — Right to an effective remedy and to a fair trial — Question which does not concern a rule of EU law other than the Charter of Fundamental Rights — Lack of jurisdiction of the Court
Case C-314/17 „Geocycle Bulgaria“ v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling — Common system of value added tax (VAT) — Principles of fiscal neutrality and effectiveness — Reverse charge regime — Refusal to allow the recipient of an invoice to deduct input VAT — Decision of the tax authorities establishing a tax payable by the recipient of goods
Case C-486/17 Olympus Italia v I.R.C.C.S. CROB
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Public works contracts, public supply contracts and public service contracts — Directive 2014/24/EU — Article 4 — Threshold amount for public contracts — Contracts which may have some cross-border interest — Request manifestly inadmissible
Case C-549/17 P Ukraine v Council
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Appeal relating solely to the amount of the costs set at first instance — Manifest inadmissibility
Case C-550/17 P Ukraine v Yanukovych
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Appeal relating solely to the amount of the costs set at first instance — Manifest inadmissibility
Case C-551/17 P Ukraine v Yanukovych
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Appeal relating solely to the amount of the costs set at first instance — Manifest inadmissibility
Case C-467/17 P Società agricola Taboga Leandro e Fidenato Giorgio v Parliament and Council
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Actions for annulment — Failure to observe the time-limit for instituting proceedings — Company established after the time-limit for instituting proceedings — Alleged existence of force majeure — Article 47 of the Charter of Fundamental Rights of the European Union — Right to an effective remedy and right to a fair trial — Appeal manifestly unfounded
Case C-344/17 IJDF Italy v Dionisio and Fernando
Reference for a preliminary ruling — Consumer contracts — Directive 93/13/EEC — National legislation which permits the main debtor and the guarantor to be brought together before the same court — Derogation from the rules establishing the domicile of the consumer — Article 99 of the Rules of Procedure of the Court
Case C-453/17 P Camerin v Parliament
Appeal — Article 181 of the Rules of Procedure of the Court — Civil Service — Secondment of an official to a political group — Application for an extension of the secondment — Dismissal of application — Measure not open to challenge — Preparatory act
Case C-520/17 P X-cen-tek v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Definition and acquisition of an EU trade mark — Figurative mark representing a triangle — Regulation (EC) No 207/2009 — Registration — Article 7(1)(b) — Absolute grounds for refusal — Mark devoid of distinctive character — Appeal in part manifestly inadmissible and in part manifestly unfounded
December 2017
Case C-600/14 Germany v Council
Action for annulment — External action of the European Union — Article 216(1) TFEU — Article 218(9) TFEU — Establishment of the position to be adopted on behalf of the European Union in a body set up by an international agreement — Revision Committee of the Intergovernmental Organisation for International Carriage by Rail (OTIF) — Amendment of the Convention concerning International Carriage by Rail (COTIF) and the Appendices thereto — Competence shared between the European Union and its Member States — External competence of the European Union in an area where the Union has not yet adopted common rules — Validity of Decision 2014/699/EU — Obligation to state reasons — Principle of sincere cooperation
Language of the case: German
Case C-42/17 Criminal proceedings against M.A.S. and M.B.
Reference for a preliminary ruling — Article 325 TFEU — Judgment of 8 September 2015, Taricco and Others (C‑105/14, EU:C:2015:555) — Criminal proceedings for infringements relating to value added tax (VAT) — National legislation laying down limitation periods liable to prevent the prosecution of infringements — Activities affecting the financial interests of the EU — Obligation to disapply any provisions of national law liable to have an adverse effect on the fulfilment of the Member States’ obligations under EU law — Principle that offences and penalties must be defined by law
Request for a preliminary ruling from the Corte costituzionale
Language of the case: Italian
Case C-230/16 Coty Germany v Parfümerie Akzente
Reference for a preliminary ruling — Competition — Agreements, decisions and concerted practices — Article 101(1) TFEU — Selective distribution of luxury cosmetics products — Clause prohibiting distributors from making use of a non-authorised third party in the context of internet sales — Regulation (EU) No 330/2010 — Article 4(b) and (c)
Request for a preliminary ruling from the Oberlandesgericht Frankfurt am Main
Language of the case: German
Case C-408/16 Compania Naţională de Administrare a Infrastructurii Rutiere v Ministerul Fondurilor Europene - Direcţia Generală Managementul Fondurilor Externe
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Scope — Regulation (EC) No 1083/2006 — European Regional Development Fund, European Social Fund and Cohesion Fund — Finance agreement for the construction of a motorway concluded with the European Investment Bank before the accession of the Member State to the European Union — Concept of ‘irregularity’ within the meaning of Regulation No 1083/2006
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-598/15 Banco Santander v Sánchez López
Reference for a preliminary ruling — Directive 93/13/EEC — Consumer contracts — Unfair terms — Powers of the national court — Effectiveness of the protection afforded to consumers — Mortgage loan agreement — Extrajudicial enforcement procedure — Simplified declaratory court procedure for recognition of the real rights of the successful bidder
Request for a preliminary ruling from the Juzgado de Primera Instancia de Jerez de la Frontera
Language of the case: Spanish
Case C-189/16 Zaniewicz-Dybeck v Pensionsmyndigheten
Reference for a preliminary ruling — Social security for migrant workers — Regulation (EEC) No 1408/71 — Article 46(2) — Article 47(1)(d) — Article 50 — Guaranteed pension — Minimum benefit — Calculation of pension entitlement
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
Case C-329/16 Snitem and Philips France v Premier ministre and Ministre des Affaires sociales et de la Santé
Reference for a preliminary ruling — Medical devices — Directive 93/42/EEC — Scope — ‘Medical device’ — CE marking — National legislation making drug prescription assistance software subject to a certification procedure laid down by a national authority
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-567/16 Merck Sharp & Dohme Corporation v Comptroller-General of Patents
Reference for a preliminary ruling — Industrial and commercial property — Patent law — Medicinal products for human use — Regulation (EC) No 469/2009 — Article (3)(b) — Supplementary protection certificate — Conditions for obtaining — Article 10(3) — Granting of the certificate or rejection of the application for a certificate — Directive 2001/83/EC — Article 28(4) — Decentralised procedure
Request for a preliminary ruling from the High Court of Justice (England & Wales), Chancery Division, Patents Court
Language of the case: English
Case C-636/16 López Pastuzano v Delegación del Gobierno en Navarra
Reference for a preliminary ruling — Status of third-country nationals who are long-term residents — Directive 2003/109/EC — Article 12 — Adoption of a decision to expel a long-term resident — Matters to be taken into consideration — National legislation — Failure to take those matters into consideration — Whether compatible
Request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo No 1 de Pamplona
Language of the case: Spanish
Case C-403/16 El Hassani v Minister Spraw Zagranicznych
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EC) No 810/2009 — Article 32(3) — Community Visa Code — Decision to refuse a visa — Right of the applicant to bring an appeal against that decision — Obligation of a Member State to guarantee the right to a judicial appeal
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-61/16 P EBMA v Giant (China)
Appeal — Dumping — Regulation (EU) No 502/2013 — Imports of bicycles originating in China — Regulation (EC) No 1225/2009 — Article 18(1) — Cooperation — Definition of ‘necessary information’ — Article 9(5) — Request for individual treatment — Risk of circumvention
Language of the case: English
Case C-243/16 Miravitlles Ciurana and Others v Contimark and Socias Gispert
Reference for a preliminary ruling — Company law — Directive 2009/101/EC — Articles 2 and 6 to 8 — Directive 2012/30/EU — Articles 19 and 36 –– Charter of Fundamental Rights of the European Union — Articles 20, 21 and 51 — Recovery of claims arising under an employment contract — Right to bring, before the same court, an action against the company and its director, as a person having joint and several liability for the company’s debts
Request for a preliminary ruling from the Juzgado de lo Social de Barcelona
Language of the case: Spanish
Case C-305/16 Avon Cosmetics v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling — Value added tax (VAT) — Sixth Directive 77/388/EEC — Article 11A(1)(a) — Taxable amount — Article 17 — Right to deduct — Article 27 — Special derogating measures — Decision 89/534/EEC — Marketing structure based on the supply of goods through non-taxable persons — Taxation on the open market value of the goods as determined at the final stage of the marketing chain — Inclusion of the costs incurred by those persons
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Case C-630/16 Proceedings brought by Anstar
Reference for a preliminary ruling — Harmonised conditions for the marketing of construction products — Harmonised standard EN 1090-1:2009+A1:2011 — Criteria for determining the scope of a standard adopted by the European Committee for Standardisation (CEN) in accordance with a mandate of the European Commission — Anchors to be fixed into concrete before it sets and used for fastening facade elements and masonry supports to the building frame
Request for a preliminary ruling from the Helsingin hallinto-oikeus
Language of the case: Finnish
Case C-66/17 Chudaś v DA Deutsche Allgemeine Versicherung Aktiengesellschaft
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 805/2004 — Scope — European Enforcement Order for uncontested claims — Enforcement orders capable of being certified as European Enforcement Orders — Decision on the amount of costs related to the court proceedings in a judgment not concerning an uncontested claim — Excluded
Request for a preliminary ruling from the Sąd Rejonowy Poznań-Grunwald i Jeżyce w Poznaniu
Language of the case: Polish
Case C-434/15 Asociación Profesional Elite Taxi v Uber Systems Spain
Reference for a preliminary ruling — Article 56 TFEU — Article 58(1) TFEU — Services in the field of transport — Directive 2006/123/EC — Services in the internal market — Directive 2000/31/EC — Directive 98/34/EC — Information society services — Intermediation service to connect, by means of a smartphone application and for remuneration, non-professional drivers using their own vehicle with persons who wish to make urban journeys — Requirement for authorisation
Request for a preliminary ruling from the Juzgado Mercantil de Barcelona
Language of the case: Spanish
Case C-521/15 Spain v Council
Action for annulment — Implementing Decision (EU) 2015/1289 — Imposition of a fine on a Member State in the context of economic and budgetary surveillance of the euro area — Manipulation of statistical data relating to the deficit of the Member State concerned — Jurisdiction — Regulation (EU) No 1173/2011 — Article 8(1) and (3) — Delegated Decision 2012/678/EU — Articles 2(1) and (3) and 14(2) — Regulation (EC) No 479/2009 — Articles 3(1), 8(1), 11 and 11a — Rights of defence — Charter of Fundamental Rights of the European Union — Article 41(1) — Right to good administration — Articles 121, 126 and 136 TFEU — Protocol No 12 on the excessive deficit procedure — Existence of an infringement — Misrepresentations — Determination of the fine — Principle that penal provisions may not have retroactive effect
Language of the case: Spanish
Case C-664/15 Protect Natur-, Arten- und Landschaftsschutz Umweltorganisation v Bezirkshauptmannschaft Gmünd
Reference for a preliminary ruling — Environment — Directive 2000/60/EC — EU action in the field of water policy — Article 4(1) and Article 14(1) — Obligations to prevent deterioration of the status of bodies of surface water and encourage the active involvement of all interested parties in the implementation of the directive — Aarhus Convention — Public participation in decision-making and access to justice in environmental matters — Article 6 and Article 9(3) and (4) — Charter of Fundamental Rights of the European Union — Article 47 — Right to effective judicial protection — Project that is likely to have an impact on water status — Administrative procedure for a permit — Environmental organisation — Application seeking to secure status as a party to the administrative procedure — Possibility of relying on rights deriving from Directive 2000/60/EC — Extinction of the status of party to the procedure and of the right to bring an action if those rights are not exercised within good time during the administrative procedure
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-677/15 P EUIPO v European Dynamics Luxembourg SA and Others
Appeal — Public services contracts — Provision of external services for programme and project management and technical consultancy in the field of information technologies — Cascade procedure — Weighting of sub-criteria within the award criteria — Principles of equal opportunity and transparency — Manifest errors of assessment — Failure to state reasons — Loss of opportunity — Non-contractual liability of the European Union — Claim for damages
Language of the case: English
Joined Cases C-66/16 P to C-69/16 P Comunidad Autónoma del País Vasco and Others v Commission
Appeal — State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less urbanised areas — Subsidies granted to operators of digital terrestrial television platforms — Decision declaring the aid incompatible in part with the internal market — Concept of ‘State aid’ — Advantage — Service of general economic interest — Definition — Discretion of the Member States
Language of the case: Spanish
Case C-70/16 P Comunidad Autónoma de Galicia and Retegal v Commission
Appeal — State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less urbanised areas — Subsidies granted to operators of digital terrestrial television platforms — Decision declaring the aid incompatible in part with the internal market — Concept of ‘State aid’ — Advantage — Service of general economic interest — Definition — Discretion of the Member States
Language of the case: Spanish
Case C-81/16 P Spain v Commission
Appeal — State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less urbanised areas — Subsidies granted to operators of digital terrestrial television platforms — Decision declaring the aid incompatible in part with the internal market — Concept of ‘State aid’ — Advantage — Service of general economic interest — Definition — Discretion of the Member States
Language of the case: Spanish
Case C-102/16 Vaditrans v Belgische Staat
Reference for a preliminary ruling — Road transport — Driver’s rest periods — Regulation (EC) No 561/2006 — Article 8(6) and (8) — Whether it is possible to take daily rest periods and reduced weekly rest periods away from base and in a vehicle — Exclusion of regular weekly rest periods
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-158/16 Vega González v Consejería de Hacienda y Sector Público del gobierno del Principado de Asturias
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Concept of ‘employment conditions’ — Placement on the administrative status for special service leave — National legislation providing for special leave to be granted, in case of election to public office, only to established civil servants, to the exclusion of non-established civil servants
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo de Oviedo
Language of the case: Spanish
Case C-178/16 Impresa di Costruzioni Ing. E. Mantovani and Guerrato v Provincia autonoma di Bolzano and Others
Reference for a preliminary ruling — Public works contracts — Directive 2004/18/EC — Article 45(2) and (3) — Conditions for exclusion from participation in public procurement — Declaration regarding the absence of convictions of former directors of the tendering company — Criminal conduct of a former director — Criminal conviction — Actual and complete dissociation between the tendering company and that director — Evidence — Assessment by the contracting entity of the requirements relating to that obligation
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-226/16 Eni and Others v Premier ministre and Ministre de l’Environnement, de l’Énergie et de la Mer
Reference for a preliminary ruling — Energy — Gas industry — Security of gas supply — Regulation (EU) No 994/2010 — Obligation of natural gas undertakings to take measures to safeguard the supply of gas to protected customers — Point 1 of the second paragraph of Article 2 — Definition of ‘protected customers’ — Article 8(2) — Additional obligation — Article 8(5) — Possibility for natural gas undertakings of fulfilling their obligation at regional level or at Union level — National legislation imposing on gas suppliers an additional gas storage obligation, the scope of which includes customers who are not protected customers within the meaning of Regulation No 994/2010 — Obligation to be fulfilled, as regards 80% of the gas stored, on the territory of the Member State concerned
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-255/16 Criminal proceedings against Falbert and Others
Reference for a preliminary ruling — Information procedure in the field of technical rules and regulations — National legislation clarifying or introducing a prohibition on unauthorised offering of gaming, lotteries and betting and introducing a prohibition on unauthorised offering of advertising for gaming, lotteries and betting
Request for a preliminary ruling from the Københavns Byret
Language of the case: Danish
Case C-268/16 P Binca Seafoods v Commission
Appeal — Regulation (EC) No 834/2007 — Production and labelling of organic products — Regulation (EC) No 889/2008 — Implementing Regulation (EU) No 1358/2014 — Interest in bringing proceedings — Notion of ‘personal benefit’
Language of the case: German
Case C-276/16 Prequ' Italia v Agenzia delle Dogane e dei Monopoli
Reference for a preliminary ruling — Principle of protection of the rights of the defence — Right to be heard — Regulation (EEC) No 2913/92 — Community Customs Code — Article 244 — Recovery of a customs debt — Lack of prior hearing of the addressee before the adoption of an amended tax assessment — Right of the addressee to obtain suspension of the implementation of the amended tax assessment — Lack of automatic suspension in the event of the bringing of administrative proceedings — Reference to the conditions provided for in Article 244 of the Customs Code
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-277/16 Polkomtel v Prezes Urzędu Komunikacji Elektronicznej
Reference for a preliminary ruling — Common regulatory framework for electronic communications networks and services — Directive 2002/21/EC — Articles 8 and 16 — Directive 2002/19/EC — Articles 8 and 13 — Operator designated as having significant market power — Price control — Obligations imposed by national regulatory authorities — Obligation to ensure cost orientation of prices — Prices set below the costs incurred by the operator concerned for the provision of voice call termination services on mobile networks — Charter of Fundamental Rights of the European Union — Article 16 — Freedom to conduct a business — Proportionality
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-291/16 Schweppes v Red Paralela and Red Paralela BCN
Reference for a preliminary ruling — Approximation of laws — Trade marks — Directive 2008/95/EC — Article 7(1) — Exhaustion of the rights conferred by a trade mark — Parallel trade marks — Assignment of trade marks in respect of part of the European Economic Area (EEA) — Commercial strategy deliberately promoting the image of a single global trade mark following that assignment — Independent proprietors nonetheless maintaining close commercial and economic relations
Request for a preliminary ruling from the Juzgado de lo Mercantil n° 8 de Barcelona
Language of the case: Spanish
Case C-322/16 Global Starnet v Ministero dell'Economia e delle Finanze and Amministrazione Autonoma Monopoli di Stato
Reference for a preliminary ruling — Freedom to provide services, freedom of establishment, free movement of capital and freedom to conduct a business — Restrictions — Award of new licences for the online operation of gaming — Principles of legal certainty and protection of legitimate expectations — Judgment of the Constitutional Court — Whether or not the national court is obliged to refer a question to the Court of Justice for a preliminary ruling
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-334/16 Núñez Torreiro v AIG Europe and Unespa
Reference for a preliminary ruling — Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 2009/103/EC — Article 3, first paragraph — Concept of ‘use of vehicles’ — National legislation excluding the driving of motor vehicles on roads and terrain that are not ‘suitable for use by motor vehicles’, with the exception of those which, though not suitable, are nonetheless ‘ordinarily so used’)
Request for a preliminary ruling from the Audiencia Provincial de Albacete
Language of the case: Spanish
Case C-372/16 Sahyouni v Mamisch
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EU) No 1259/2010 — Enhanced cooperation in the area of the law applicable to divorce and legal separation — Recognition of a private divorce obtained before a religious court in a third country — Scope of that regulation
Request for a preliminary ruling from the Oberlandesgericht München
Language of the case: German
Case C-393/16 Comité Interprofessionnel du Vin de Champagne v Aldi Süd
Reference for a preliminary ruling — Common organisation of the markets in agricultural products — Protection of protected designations of origin (PDOs) — Regulation (EC) No 1234/2007 — Article 118m(2)(a)(ii), (b) and (c) — Regulation (EU) No 1308/2013 — Article 103(2)(a)(ii), (b) and (c) — Scope — Exploitation of the reputation of a PDO — Misuse, imitation or evocation of a PDO — False or misleading indication — PDO ‘Champagne’ used in the name of a foodstuff — The name ‘Champagner Sorbet’ — Foodstuff containing champagne as an ingredient — Ingredient conferring on the foodstuff an essential characteristic)
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Joined Cases C-397/16 and C-435/16 Acacia v Pneusgarda and Audi and Acacia and D'Amato v Dr. Ing. h.c.F. Porsche
References for a preliminary ruling — Regulation (EC) No 6/2002 — Community designs — Article 110(1) — No protection — ‘Repair’ clause — Concept of ‘component part of a complex product’ — Repair of the complex product so as to restore its original appearance — Measures to be adopted by the user for the purposes of relying on the ‘repair’ clause — Replica car wheel rim identical to the original wheel rim design
Requests for a preliminary ruling from the Corte d'appello di Milano and the Bundesgerichtshof
Languages of the case: Italian and German
Case C-419/16 Simma Federspiel v Provincia autonoma di Bolzano and Equitalia Nord
Reference for a preliminary ruling — Freedom of establishment and freedom of movement for workers — Articles 45 and 49 TFEU — Mutual recognition of diplomas, certificates and other evidence of formal qualifications in medicine — Directives 75/363/EEC and 93/16/EEC — Remuneration of trainee specialist doctors
Request for a preliminary ruling from the Tribunale di Bolzano
Language of the case: Italian
Case C-434/16 Nowak v Data Protection Commissioner
Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Directive 95/46/EC — Article 2(a) — Concept of ‘personal data’ — Written answers submitted by a candidate in a professional examination — Examiner’s comments with respect to those answers — Article 12(a) and (b) — Extent of the data subject’s rights to access and rectification
Request for a preliminary ruling from the Supreme Court
Language of the case: English
Case C-442/16 Gusa v Minister for Social Protection and Others
Reference for a preliminary ruling — Directive 2004/38/EC — Person no longer working in a self-employed capacity — Retention of the status of self-employed person — Right of residence — Legislation of a Member State restricting eligibility for a jobseeker’s allowance to persons who have a right of residence on the territory of that Member State
Request for a preliminary ruling from the Court of Appeal (Ireland)
Language of the case: English
Case C-462/16 Finanzamt Bingen-Alzey v Boehringer Ingelheim Pharma
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 90(1) — Reduction of the price under conditions determined by the Member States — Reduction of the taxable amount — Principles laid down in the judgment of 24 October 1996, Elida Gibbs (C‑317/94, EU:C:1996:400) — Discounts granted to private medical insurance funds
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-467/16 Schlömp v Landratsamt Schwäbisch Hall
Reference for a preliminary ruling — Area of Freedom, Security and Justice — Judicial cooperation in civil matters — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Lugano II Convention — Lis pendens — Concept of ‘court’ — Arbitration authority under Swiss law, responsible for the conciliation procedure prior to all substantive proceedings
Request for a preliminary ruling from the Amtsgericht Stuttgart
Language of the case: German
Case C-492/16 Incyte v Szellemi Tulajdon Nemzeti Hivatala
Reference for a preliminary ruling — Intellectual and industrial property — Patents — Medicinal products for human use — Regulation (EC) No 469/2009 — Article 18 — Plant-protection products — Regulation (EC) No 1610/96 — Article 17(2) — Supplementary protection certificate — Duration — Fixing the date of expiry — Consequences of a judgment of the Court — Possibility or requirement to rectify the date of expiry
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-500/16 Caterpillar Financial Services v Dyrektor Izby Skarbowej w Warszawie
Reference for a preliminary ruling — Taxation — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 135(1)(a) — Exemptions — Taxes levied in breach of EU law — Obstacles to the refund of an overpayment of VAT — Article 4(3) TEU — Principles of equivalence, effectiveness and sincere cooperation — Rights conferred on individuals — Expiry of the limitation period for the tax liability — Effects of a judgment of the Court — Principle of legal certainty
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Joined Cases C-504/16 and C-613/16 Deister Holding and Juhler Holding v Bundeszentralamt für Steuern
References for a preliminary ruling — Direct taxation — Freedom of establishment — Directive 90/435/EEC — Article 1(2) — Article 5 — Parent company — Holding company — Withholding tax on profits distributed to a non-resident parent holding company — Exemption — Fraud, tax evasion and abuse — Presumption
References for a preliminary ruling from the Finanzgericht Köln
Language of the case: German
Case C-516/16 Erzeugerorganisation Tiefkühlgemüse v Agrarmarkt Austria
Reference for a preliminary ruling — Agriculture — Common organisation of the markets — Operational programme in the fruit and vegetables sector — Regulation (EC) No 1234/2007, as amended by Regulation (EC) No 361/2008 — Articles 103b, 103d and 103g — EU financial aid — Regulation (EU) No 543/2011 — Article 60 and point 23 of Annex IX — Investments on the holdings and/or premises of the producer organisations — Concept — Legitimate expectations — Legal certainty
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-529/16 Hamamatsu Photonics Deutschland v Hauptzollamt München
Reference for a preliminary ruling — Common Customs Tariff — Customs Code — Article 29 — Determination of the customs value — Cross-border transactions between related companies — Advance transfer pricing arrangement — Agreed transfer price composed of an amount initially invoiced and a flat-rate adjustment made after the end of the accounting period
Request for a preliminary ruling from the Finanzgericht München
Language of the case: German
Case C-649/16 Valach and Others v Waldviertler Sparkasse Bank and Others
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Scope — Action for liability in tort against the members of a committee of creditors which rejected a restructuring plan in insolvency proceedings
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-571/17 PPU Ardic
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Surrender procedures between Member States — Conditions for execution — Grounds for optional non-execution — Article 4a(1) of Framework Decision 2009/299/JHA — Arrest warrant issued for the purpose of executing a custodial sentence — ‘Trial resulting in the decision’ — Scope — Person sentenced to a custodial sentence in final proceedings conducted in his presence — Execution of sentence subsequently suspended in part subject to certain conditions — Subsequent proceedings leading to revocation of the suspension due to non-compliance with those conditions — Revocation proceedings conducted in the absence of the person concerned
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Information (on unpublished decisions)
Case C-323/16 P Eurallumina v Commission
Appeal — State aid — Article 181 of the Rules of Procedure of the Court of Justice — Intervention — Cross-appeal — Admissibility — Exemption from excise duty on mineral oils used as fuel for alumina production — Principle of presumption of the legality and of the effet utile of acts of the institutions — Principle lex specialis derogat legi generali — Selective nature of the measure — Existing or new aid — Regulation (EC) No 659/1999 — Article 1(b)(ii) — Principle of legal certainty — Principle of the protection of legitimate expectations — Duty to state reasons
Case C-369/16 P Ireland v Commission
Appeal — State aid — Article 181 of the Rules of Procedure of the Court of Justice — Exemption from excise duty on mineral oils used as fuel for alumina production — Existing or new aid — Regulation (EC) No 659/1999 — Article 1(b)(i) and (iv), and (d) — Limitation — Article 15 — Principle of legal certainty — Principle of the protection of legitimate expectations
Case C-373/16 P Aughinish Alumina v Commission
Appeal — State aid — Article 181 of the Rules of Procedure of the Court of Justice — Exemption from excise duty on mineral oils used as fuel for alumina production — Existing or new aid — Regulation (EC) No 659/1999 — Article 1(b)(i) — Principle of the protection of legitimate expectations — Duty to state reasons
Case C-446/17 Woonhaven Antwerpen v Berkani and Hajji
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Unfair terms — Rental contract concluded between a recognised social housing association and a tenant — Model rental contract made binding by an act of national legislation — Directive 93/13/EEC — Article 1(2) — Inapplicability of that directive
Case C-487/16 P Telefónica v Commission
Appeal — Agreements, decisions and concerted practices — Portuguese and Spanish telecommunications markets — Non-competition clause contained in an agreement entered into between two companies — Restriction by object — Rights of defence — Refusal to hear witnesses — Fines — Gravity of the infringement — Mitigating circumstances)
Case C-468/17 P Morton's of Chicago v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — Relative ground for invalidity — Declaration of invalidity — Figurative mark MORTON’S — Earlier non-registered national trade marks — Interpretation and application of national law — Action for passing off
Case C-101/17 P Verus v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — EU word mark LUCEO — Declaration of invalidity
Case C-401/17 P Double 'W' Enterprises v Spain
Appeal — Article 181 of the Rules of Procedure of the Court of Justice –– Request for a preliminary ruling –– Lack of jurisdiction of the General Court of the European Union — Appeal manifestly unfounded
Case C-499/17 P Torres v Alma-The Soul of Italian Wine
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Regulation (EC) No 207/2009 — Article 8(5) — Application for registration of the figurative mark containing the word elements ‘sotto il sole italiano’ and ‘sotto il sole’ — Opposition proceedings — Rejection of the application for registration — Annulment of the decision upholding the opposition
Case C-364/16 P Trioplast Industrier v Commission
Appeal — Agreements, decisions and concerted practices — Market in industrial plastic bags — Formal notice from the European Commission to the appellant for the payment of default interest on the amount of the fine imposed — Action for annulment and for damages
January 2018
Case C-240/17 E
Reference for a preliminary ruling — Third-country national staying illegally in a Member State — Threat to public order and national security — Directive 2008/115/EC — Article 6(2) — Return decision — Ban on entry to the territory of the Member States — Alert for the purposes of refusing admission to the Schengen Area –– Third-country national holding a valid residence permit issued by another Member State — Convention implementing the Schengen Agreement — Article 25(2) — Consultation procedure between the Member State issuing the alert and the Member State which issued the residence permit — Time limit — Failure of the Contracting State consulted to adopt a position — Consequences for the enforcement of return decisions and entry ban)
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-363/16 Commission v Greece
Failure of a Member State to fulfil obligations — State aid — Aid declared unlawful and incompatible with the internal market — Obligation to recover — Second subparagraph of Article 108(2) TFEU — Regulation (EC) No 659/1999 — Article 14(3) — Undertaking benefiting from the aid declared insolvent — Insolvency proceedings — Registration of the liabilities in the schedule of liabilities — Cessation of activities — Suspension of insolvency proceedings for the purposes of examining the prospect of relaunching the business — Obligation to provide information — Failure to perform
Language of the case: Greek
Case C-676/16 CORPORATE COMPANIES v Ministerstvo financí ČR
Reference for a preliminary ruling — Prevention of the use of the financial system for the purpose of money laundering and terrorist financing — Directive 2005/60/EC — Scope — Article 2(1), point 3(c) and Article 3, point 7(a) — Business activity of an undertaking consisting in the sale of companies already entered in the Register of Companies and formed solely for the purposes of sale — Sale by means of the transfer of the undertaking’s holding in the ready-made company
Request for a preliminary ruling from Nejvyšší správní soud
Language of the case: Czech
Case C-249/15 Wind 1014 and Daell v Skatteministeriet
References for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Restrictions — Motor vehicle leased by a resident of one Member State from a leasing company established in another Member State — Registration tax calculated proportionately to the duration of use of the vehicle — Requirement of approval from the national tax authorities before use — Justification — Prevention of circumvention of tax rules and fraud or abuse — Safeguarding States’ powers of taxation — Proportionality
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-270/16 Ruiz Conejero v Ferroser Servicios Auxiliares and Ministerio Fiscal
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(2)(b)(i) — Prohibition of discrimination based on disability — National legislation permitting, subject to certain conditions, the dismissal of an employee by reason of intermittent absences, even where justified — Worker’s absences resulting from illnesses linked to his disability — Difference in treatment based on disability — Indirect discrimination — Whether justified — Combating absenteeism in the workplace — Whether appropriate — Whether proportionate
Request for a preliminary ruling from the Juzgado de lo Social de Cuenca
Language of the case: Spanish
Case C-463/16 Stadion Amsterdam v Staatssecretaris van Financiën
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 77/388/EEC — Third subparagraph of Article 12(3)(a) — Reduced rate of VAT — Annex H, category 7 — Single supply comprised of two distinct elements — Selective application of a reduced rate of VAT to one of those elements — ‘World of Ajax’ tour — Visit to the AFC Ajax museum
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-45/17 Jahin v Ministre de l'Économie et des Finances and Ministre des Affaires sociales et de la Santé
Reference for a preliminary ruling — Free movement of capital — Articles 63 TFEU and 65 TFEU — Regulation (EC) No 883/2004 — Article 11 — Levies on income from assets contributing to the financing of the social security scheme of a Member State — Exemption for nationals of the European Union affiliated to a social security scheme of another Member State — Natural persons affiliated to a social security scheme of a third country — Difference of treatment — Restriction — Justification
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-58/17 INEOS v Bundesrepublik Deutschland
Reference for a preliminary ruling — Environment — Scheme for greenhouse gas emission allowance trading within the European Union — Directive 2003/87/EC — Article 10a — Transitional rules for harmonised free allocation of emission allowances — Period 2013-2020 — Decision 2011/278/EU — Article 3(h) — Concept of ‘process emissions sub-installation’ — Emissions stemming from the combustion of incompletely oxidised carbon — Liquid waste — Excluded
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C-179/16 F. Hoffmann-La Roche and Others v Autorità Garante della Concorrenza e del Mercato
Reference for a preliminary ruling — Competition — Article 101 TFEU — Agreements, decisions and concerted practices — Medicinal products — Directive 2001/83/EC — Regulation (EC) No 726/2004 — Allegations of risks associated with the use of a medicinal product for a treatment not covered by its marketing authorisation (off-label) — Definition of relevant market — Ancillary restriction — Restriction of competition by object — Exemption
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-267/16 Buhagiar and Others v Minister for Justice
Reference for a preliminary ruling — Territorial scope of EU law — Article 355(3) TFEU — Act concerning the Conditions of Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland and the Adjustments to the Treaties — Article 29 — Point 4 of Section I of Annex I — Exclusion of Gibraltar from the customs territory of the European Union — Implications — Directive 91/477/EEC — Article 1(4) — Article 12(2) — Annex II — European firearms pass — Hunting and target shooting activities — Applicability to the territory of Gibraltar — Obligation to transpose — No such obligation — Validity
Request for a preliminary ruling from the Supreme Court of Gibraltar
Language of the case: English
Case C-367/16 Piotrowski
Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Surrender procedures between Member States — Grounds for mandatory non-execution — Article 3(3) — Minors — Requirement to verify the minimum age at which a minor may be regarded as criminally responsible or assessment, in each individual case, of the additional conditions laid down by the law of the executing Member State in order specifically to prosecute or convict a minor
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
Case C-433/15 Commission v Italy
Failure of a Member State to fulfil obligations — Milk and milk products — Additional levy on milk — Tax years 1995/1996 to 2008/2009 — Regulation (EC) No 1234/2007 — Articles 79, 80 and 83 — Regulation (EC) No 595/2004 — Articles 15 and 17 — Infringement — Lack of effective payment of the levy within the time limits prescribed — Failure of recovery in the event of non-payment of the levy
Language of the case: Italian
Joined Cases C-616/16 and C-617/16 Presidenza del Consiglio dei Ministri and Others v Pantuso and Others
Reference for a preliminary ruling — Coordination of provisions laid down by law, regulation or administrative action in respect of activities of doctors — Directives 75/363/EEC and 82/76/EEC — Specialist medical training — Appropriate remuneration — Application of Directive 82/76/EEC to training begun before the prescribed deadline for the Member States to transpose it and completed after that date
Requests for a preliminary ruling from Corte suprema di cassazione
Language of the case: Italian
Case C-634/16 P EUIPO v European Food
Appeal — EU trade mark — Invalidity proceedings — Word mark FITNESS — Dismissal of the application for a declaration of invalidity
Language of the case: English
Case C-314/16 Commission v Czech Republic
Failure of a Member State to fulfil obligations — Transport — Directive 2006/126/EC — Driving licences — Definitions of categories C1, C and D1
Language of the case: Czech
Case C-360/16 Bundesrepublik Deutschland v Hasan
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national –– Procedures and periods laid down for making a take back request –– Unlawful return of a third-country national to a Member State that has transferred him — Article 24 — Take back procedure –– Article 27 — Remedy — Scope of judicial review — Circumstances after the transfer
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-473/16 F v Bevándorlási és Állampolgársági Hivatal
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Article 7 — Respect for private and family life — Directive 2011/95/EU — Standards for granting refugee status or subsidiary protection status — Fear of persecution on grounds of sexual orientation — Article 4 — Assessment of facts and circumstances — Recourse to an expert’s report — Psychological tests
Request for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-498/16 Schrems v Facebook Ireland
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EC) No 44/2001 — Articles 15 and 16 — Jurisdiction in respect of consumer contracts — Definition of ‘consumer’ — Assignment between consumers of claims against the same trader or professional
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Joined Cases C-360/15 and C-31/16 College van Burgemeester en Wethouders van de gemeente Amersfoort v X and Visser Vastgoed Beleggingen v Raad van de gemeente Appingedam
Reference for a preliminary ruling — Services in the internal market — Directive 2006/123/EC — Scope — Article 2(2)(c) — Exclusion of electronic communications services and networks — Article 4(1) — Concept of ‘service’ — Retail trade in goods — Chapter III — Freedom of establishment of service providers — Applicability in purely internal situations — Article 15 — Requirements to be evaluated — Territorial restriction — Zoning plan prohibiting the activity of retail trade in goods other than bulky goods in geographical zones situated outside the city centre — Protection of the urban environment — Authorisation of electronic communications services and networks — Directive 2002/20/EC — Financial payments attached to rights to install facilities for a public electronic communications network
Requests for a preliminary ruling from the Hoge Raad der Nederlanden and Raad van State
Language of the case: Dutch
Case C-106/17 Hofsoe v LVM
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EU) No 1215/2012 — Article 11(1)(b) and Article 13(2) — Jurisdiction in insurance matters — Scope ratione personae — Concept of ‘injured party’ — Professional in the insurance sector — Not included
Request for a preliminary ruling from the Sąd Okręgowy w Szczecinie
Language of the case: Polish
Information (on unpublished decisions)
Case C-442/17 P(R) Commission v RW
Appeal — Order for interim measure — Civil service — Staff Regulations of Officials of the European Union — Article 42c — Decision of the European Commission placing an official on leave in the interests of the service and on compulsory retirement — Suspension of operation of a measure — Urgency — Balancing of competing interests
Joined Cases C-654/16 and C-657/16 Amber Capital Italia and Others v Consob
Reference for a preliminary ruling — Company law — Directive 2004/25/EC — Takeover bids — Second subparagraph of Article 5(4) — Possibility of altering the price of the bid in specific circumstances and in line with clearly determined criteria — National legislation providing for the fixing of the price of the bid at the price ascertained in the event of collusion between the offeror or persons acting in concert with it and one or more sellers — Concept of ‘clearly determined criterion’
Case C-559/17 P Cafés Pont v EUIPO
Appeal — Article 181 of the Rules of Procedure — Regulation (EC) No 207/2009 — EU trade mark — Figurative mark containing the word elements ‘Art’s Cafè’ — Article 51(1)(a) — Declaration of revocation — Article 15(1), second paragraph, point (a) — No genuine use of the trade mark — Probative value of the evidence
Case C-570/17 P Lackmann Fleisch- und Feinkostfabrik v EUIPO
Appeal — EU trade mark — Article 181 of the Rules of Procedure of the Court of Justice — Application for registration of the figurative mark containing the word element ‘медведь’ — Dismissal of application
Case C-604/17 PM v AH
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Area of freedom, security and justice — Judicial cooperation in civil matters — Jurisdiction in matters of parental responsibility — Regulation (EC) No 2201/2003 — Jurisdiction of a court of a Member State to hear and determine an action relating to parental responsibility where the child is not resident in the territory of that State — Jurisdiction in matters relating to maintenance obligations — Regulation (EC) No 4/2009
Case C-536/17 P Josel v EUIPO
Appeal — Article 181 of the Rules of Procedure — EU trade mark — Opposition proceedings — Registration of the word mark NN — Opposition dismissed — No genuine use of the earlier mark
Case C-678/16 P Monster Energy v EUIPO
Appeal — Rules of Procedure — Article 181 — EU trade mark — Opposition proceedings — Figurative mark containing the word elements ‘HotoGo self-heating can technology’ — Composite mark — Application for registration — Opposition — Rejection — Appeal manifestly inadmissible
Case C-553/17 P Windfinder R & L v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Application for the registration of the word mark Windfinder — Absolute grounds for refusal — Regulation (EC) No 207/2009 — Article 7(1)(b) and (c) — Rejection in part of the application
Case C-538/17 P Murphy v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — Community design — Invalidity proceedings — Community Design No 002-159-640-0002 (electronic wristband) — Rejection of the application for a declaration of invalidity
February 2018
Case C-359/16 Criminal proceedings against Altun and Others
Reference for a preliminary ruling — Migrant workers — Social security — Applicable legislation — Regulation (EEC) No 1408/71 — Article 14(1)(a) — Posted workers — Regulation (EEC) No 574/72 — Article 11(1)(a) — E 101 certificate — Probative value — Certificate fraudulently obtained or relied on
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
Case C-304/16 American Express v The Lords Commissioners of Her Majesty’s Treasury
Reference for a preliminary ruling — Regulation (EU) 2015/751 — Interchange fees for card-based payment transactions — Article 1(5) — Three party payment card scheme treated as equivalent to a four party payment card scheme — Conditions — Issuance by a three party payment card scheme of card-based payment instruments ‘with a co-branding partner or through an agent’ — Article 2(18) — Concept of ‘three party payment card scheme’ — Validity)
Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)
Language of the case: English
Case C-643/16 American Express v The Lords Commissioners of Her Majesty’s Treasury
Reference for a preliminary ruling — Directive (EU) 2015/2366 — Payment services in the internal market — Article 35(1) — Obligation to provide authorised or registered payment service providers with access to payment systems — Point (b) of the first subparagraph of Article 35(2) — Inapplicability of that obligation to payment systems composed exclusively of payment service providers belonging to a group — Applicability of that obligation to three party payment card schemes that have entered into co-branding or agency arrangements — Validity
Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)
Language of the case: English
Joined Cases C-142/17 and C-143/17 Maturi and Others v Fondazione Teatro dell'Opera di Roma
References for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Social policy — Equal treatment of men and women in matters of employment and occupation — Directive 2006/54/EC — National rules providing for the temporary possibility for performing artists having reached retirement age to continue to perform until the age previously laid down for entitlement to a pension, fixed at 47 years old for women and 52 years old for men
Requests for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-590/16 Commission v Greece
Failure of a Member State to fulfil obligations — Directive 2008/118/EC — Article 7 — General arrangements for excise duty — Supply of petroleum products, without charging excise duty — Filling stations at the border of the Hellenic Republic with third countries — Chargeability of excise duty — Concept of ‘release for consumption’ of excise goods — Concept of ‘departure from a duty suspension arrangement’
Language of the case: Greek
Case C-144/17 Lloyd's of London v Agenzia Regionale per la Protezione dell'Ambiente della Calabria
Reference for a preliminary ruling — Public procurement — Articles 49 and 56 TFEU — Directive 2004/18/EC — Reasons for exclusion from a tendering procedure — Insurance services — Participation of several Lloyd’s of London syndicates in the same tendering procedure — Signature of tenders by the Lloyd’s of London General Representative for the country concerned — Principles of transparency, equal treatment and non-discrimination — Proportionality
Request for a preliminary ruling from the Tribunale Amministrativo Regionale Calabria
Language of the case: Italian
Case C-16/16 P Belgium v Commission
Appeal — Consumer protection — Online gambling services — Protection of consumers and players and prevention of minors from gambling online — Commission Recommendation 2014/478/EU — EU act which is not legally binding — Article 263 TFEU
Language of the case: Dutch
Case C-518/15 Ville de Nivelles v Matzak
Reference for a preliminary ruling — Directive 2003/88/EC — Protection of the safety and health of workers — Organisation of working time — Article 2 — Concepts of ‘working time’ and ‘rest periods’ — Article 17 — Derogations — Firefighters — Stand-by times — Stand-by times at home
Request for a preliminary ruling from the Cour du travail de Bruxelles
Language of the case: French
Case C-326/16 P LL v Parliament
Appeal — Action for annulment — Sixth paragraph of Article 263 TFEU — Admissibility — Time limit for instituting proceedings — Calculation — Former Member of the European Parliament — Decision relating to the recovery of parliamentary assistance allowances — Implementing Measures for the Statute for Members of the European Parliament — Article 72 — Complaint procedure within the European Parliament — Notification of the decision adversely affecting a Member of the European Parliament — Registered letter not collected by its addressee
Language of the case: Lithuanian
Case C-628/16 Kreuzmayr v Finanzamt Linz
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Successive supplies relating to the same goods — Place of the second supply — Information provided by the first supplier — VAT identification number — Right to deduct — Legitimate expectation on the part of the taxable person regarding the existence of the conditions giving rise to the right to deduct
Request for a preliminary ruling from the Bundesfinanzgericht
Language of the case: German
Case C-132/17 Peugeot Deutschland v Deutsche Umwelthilfe
Reference for a preliminary ruling — Freedom to provide services — Directive 2010/13/EU — Definitions — Concept of ‘audiovisual media service’ — Scope — Channel available on YouTube for videos promoting new passenger cars
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-103/16 Porras Guisado v Bankia and Others
Reference for a preliminary ruling — Social policy — Directive 92/85/EEC — Measures to encourage improvements in the safety and health of pregnant workers and workers who have recently given birth or are breastfeeding — Article 2(a) — Article 10(1) to (3) — Prohibition of dismissal of a worker during the period from the beginning of her pregnancy to the end of her maternity leave — Scope — Exceptional cases not connected with the pregnant worker’s condition — Directive 98/59/EC — Collective redundancies — Article 1(1)(a) — Reasons not related to the individual workers concerned — Pregnant worker dismissed in the context of a collective redundancy procedure — Reasons for the dismissal — Priority for retention of the post of the pregnant worker — Priority for redeployment
Request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña
Language of the case: Spanish
Case C-328/16 Commission v Greece
Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Urban waste-water treatment – Judgment of the Court establishing a failure to fulfil obligations – Non-implementation – Article 260(2) TFEU – Pecuniary penalties – Lump sum – Periodic penalty payment
Language of the case: Greek
Case C-336/16 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 2008/50/EC — Ambient air quality — Article 13(1) — Article 22(3) — Annex XI — Concentration of particulate matter PM10 in ambient air — Exceedance of limit values in certain zones and agglomerations — Article 23(1) — Air quality plans — Exceedance period ‘as short as possible’ — Absence of appropriate actions in ambient air quality protection programmes — Incorrect transposition
Language of the case: Polish
Case C-396/16 T-2 v Republika Slovenija
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Articles 184 and 185 — Adjustment of the deduction of input tax paid — Change in the factors used to determine the amount to be deducted — Notion of ‘transactions remaining totally or partially unpaid’ — Effect of a decision approving an arrangement with creditors having the force of res judicata
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
Joined Cases C-398/16 and C-399/16 X and X v Staatssecretaris van Financiën
Reference for a preliminary ruling — Articles 49 and 54 TFEU — Freedom of establishment — Tax legislation — Corporation tax — Advantages linked to the formation of a single tax entity– Exclusion of cross-border groups
Requests for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-545/16 Kubota (UK) and EP Barrus v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling — Common Customs Tariff — Tariff headings — Motor vehicles for the transport of goods — Subheadings 8704 10 10 and 8704 21 91 — Regulation (EU) 2015/221 — Validity
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Case C-572/16 INEOS Köln v Bundesrepublik Deutschland
Reference for a preliminary ruling — Environment — Scheme for greenhouse gas emission allowance trading within the European Union — Directive 2003/87/EC — Article 10a — Decision 2011/278/EU — Transitional rules for harmonised free allocation of emission allowances — Period 2013-2020 — Allocation application — Incorrect data — Correction — Mandatory time limit
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C-182/17 Nagyszénás Településszolgáltatási Nonprofit Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(c), Article 9 and Article 13(1) — Treatment as a non-taxable person — Definition of ‘body governed by public law’ — Commercial company 100% owned by a municipality and responsible for performing certain public tasks incumbent on that municipality — Those tasks and their remuneration determined in a contract between the company and the municipality
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-185/17 Mitnitsa Varna v SAKSA
Reference for a preliminary ruling — Common Customs Tariff — Classification of goods — Harmonised European standard EN 590:2013 — Subheading 2710 19 43 of the Combined Nomenclature — Relevant criteria for the classification of goods as gas oil
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
Case C-64/16 Associação Sindical dos Juízes Portugueses v Tribunal de Contas
Reference for a preliminary ruling — Article 19(1) TEU — Legal remedies — Effective judicial protection — Judicial independence — Charter of Fundamental Rights of the European Union — Article 47 — Reduction of remuneration in the national public administration — Budgetary austerity measures
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-266/16 Western Sahara Campaign UK v Commissioners for Her Majesty's Revenue and Customs and Secretary of State for Environment, Food and Rural Affairs
Reference for a preliminary ruling — Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco — Protocol setting out the fishing opportunities provided for by the agreement — Acts approving the conclusion of the agreement and of the protocol — Regulations allocating among the Member States the fishing opportunities set out by the protocol — Jurisdiction — Interpretation — Validity having regard to Article 3(5) TEU and international law — Applicability of that agreement and that protocol to the territory of Western Sahara and the waters adjacent thereto
Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)
Language of the case: English
Case C-301/16 P Commission v Xinyi PV Products (Anhui) Holdings
Appeal — Commercial policy — Dumping — Imports of solar glass originating in China — Regulation (EC) No 1225/2009 — Article 2(7)(b) and (c) — Market Economy Treatment (MET) — Concept of ‘significant distortions carried over from the former non-market economy system’, within the meaning of the third indent of Article 2(7)(c) — Tax incentives
Language of the case: English
Case C-307/16 Pieńkowski v Dyrektor Izby Skarbowej w Lublinie
Reference for a preliminary ruling — Directive 2006/112/EC — Value added tax (VAT) — Article 131 — Article 146(1)(b) — Article 147 — Exemptions on exportation — Article 273 — Legislation of a Member State making the benefit of the exemption subject to the attainment of a minimum level of turnover or the conclusion of an agreement with a person authorised to make VAT refunds to travellers
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-387/16 Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos v Nidera
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Deduction of input tax — Article 183 — Refund of overpaid VAT — Late refund — Amount of default interest due under national law — Reduction of that amount for reasons not attributable to the taxable person — Whether permissible — Fiscal neutrality — Legal certainty
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-418/16 P mobile.de v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 15(1) — Article 57(2) and (3) — Article 64 — Article 76(2) — Regulation (EC) No 2868/95 — Rule 22(2) — Rule 40(6) — Invalidity proceedings — Applications for a declaration of invalidity based on an earlier national trade mark — Genuine use of the earlier mark — Burden of proof — Rejection of the applications — Taking into account by the Board of Appeal of the European Union Intellectual Property Office (EUIPO) of new evidence — Annulment of the decisions of the Cancellation Division of EUIPO — Referral — Consequences
Language of the case: German
Case C-518/16 ZPT v Narodno sabranie na Republika Bulgaria and Others
Reference for a preliminary ruling — State aid — Regulation (EC) No 1998/2006 — Article 35 TFEU — De minimis aid in the form of tax relief — National legislation excluding investments in the production of goods intended for export from the benefit of that tax relief
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
Joined Cases C-523/16 and C-536/16 MA.T.I. SUD v Centostazioni and Duemme SGR v CNPR
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Article 51 — Rectification of procedural shortfalls in tenders — Directive 2004/17/EC — Clarification of tenders — National legislation making the rectification by tenderers of the documentation submitted subject to the payment of a financial penalty — Principles relating to the award of public works contracts — Principle of equal treatment — Principle of proportionality
Requests for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-577/16 Trinseo Deutschland v Bundesrepublik Deutschland
Reference for a preliminary ruling — Environment — Scheme for greenhouse gas emission allowance trading within the European Union — Directive 2003/87/EC — Scope — Article 2(1) — Annex I — Activities subject to the trading scheme — Production of polymers — Use of heat supplied by a third-party installation — Application for free allocation of emission allowances — Period 2013-2020
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C-672/16 Imofloresmira - Investimentos Imobiliários v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Value added tax — TVA Directive — Exemption of the leasing and letting of immovable property — Right of option available to taxpayers — Implementation by the Member States — Deduction of input tax — Use for the purposes of the taxable person’s taxed transactions — Adjustment of the initial deduction — Not permissible
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
Case C-3/17 Sporting Odds v Nemzeti Adó- és Vámhivatal Központi Irányítása
Reference for a preliminary ruling — Freedom to provide services — Article 56 TFEU — Article 4(3) TEU — Charter of Fundamental Rights of the European Union — Restrictions — Betting and gaming — National legislation — Operation of certain kinds of games of chance by the State — Exclusivity — Licensing system for other kinds of games of chance — Requirement of a licence — Administrative penalty
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-46/17 John v Freie Hansestadt Bremen
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework Agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Successive fixed-term employment contracts — Clause 5(1) — Measures aimed at preventing the misuse of fixed-term contracts — Directive 2000/78/EC — Article 6(1) — Prohibition of discrimination on the ground of age — National legislation authorising the postponement of the end of the contract of employment fixed at the normal retirement age simply because that the worker qualified for a retirement pension
Request for a preliminary ruling from the Landesarbeitsgericht Bremen
Language of the case: German
Case C-117/17 Comune di Castelbellino v Regione Marche and Others
Reference for a preliminary ruling — Environment — Directive 2011/92/EU — Article 4(2) and (3) and Annexes I to III — Environmental impact assessment — Authorisation to carry out work in a plant for the production of electricity from biogas without preliminary examination of the need for an environmental impact assessment — Annulment — Regularisation after the event of the authorisation on the basis of new provisions of national law without preliminary examination of the need for an environmental impact assessment
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per le Marche
Language of the case: Italian
Case C-289/17 Collect Inkasso and Others v Aint and Others
Reference for a preliminary ruling — Judicial cooperation in civil and commercial matters — Regulation (EC) No 805/2004 — European enforcement order for uncontested claims — Requirements for certification — Minimum standards for uncontested claims procedures — Rights of the debtor — No indication of the address of the institution to which a notice may be addressed contesting the claim or before which an appeal against the decision may be brought
Request for a preliminary ruling from the Tartu Maakohus
Language of the case: Estonian
Information (on unpublished decisions)
Case C-261/16 P Kühne + Nagel International and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Price fixing — International air freight forwarding services — Tariff agreement affecting the final price of services
Case C-263/16 P Schenker v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Price fixing — International air freight forwarding services — Pricing agreement affecting the final price of the services
Case C-264/16 P Deutsche Bahn and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Price fixing — International air freight forwarding services — Pricing agreement affecting the final price of the services
Case C-271/16 P Panalpina World Transport (Holding) and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Price fixing — International air freight forwarding services — Tariff agreement affecting the final price of services
Case C-380/16 Commission v Germany
Failure of a Member State to fulfil obligations — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 73 — Taxable amount — Articles 306 to 310 — Special scheme for travel agents — Exclusion from that scheme of sales to taxable undertakings — Overall determination of the taxable amount for a given period — Incompatibility
Case C-181/17 Commission v Spain
Failure of a Member State to fulfil obligations — Transport policy — Regulation (EC) No 1071/2009 — Road transport operator — Licence for public transport — Conditions for grant — Article 3(1) and (2) — Article 5(b) — Number of vehicles required — National legislation — Stricter conditions for grant — Higher minimum number of vehicles
Case C-336/17 P HB and Others v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Law governing the institutions — European citizens’ initiative ‘Ethics for Animals and Kids’ — Protection of stray animals — Psychological effects on adults and children — Refusal to register the initiative for manifest lack of powers on the part of the European Commission — Regulation (EU) No 211/2011 — Article 4(2)(b) — Article 4(3)
Case C-508/17 P CBA Spielapparate- und Restaurantbetrieb v Commission
Appeal — Article 181 of the Rules of Procedure — Regulation (EU) 2015/1589 — State aid granted to holders of concessions to operate games of chance — Complaint — Abstention of the Commission — Action for failure to act — Rejection
Case C-119/17 Lupean and Lupean v OTP BAAK NYRT
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Articles 3(1), 4(1), 4(2) and 5 — Assessment of the unfairness of contractual terms — Loan agreement concluded in a foreign currency — Exchange rate risk borne entirely by the consumer — Significant imbalance in the parties’ rights and obligations under the contract — Main subject matter of the loan agreement
Case C-125/17 Bisignani v Agenzia delle Entrate - Direzione Provinciale 1 di Roma
Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court — Free movement of capital — Articles 64 and 65 TFEU — Directive 2011/16/EU — Cooperation in the field of taxation — Transfer of capital to the Vatican City State — Obligation to declare a transfer of funds sent or received from abroad — Repeal
Case C-126/17 ERSTE Bank Hungary v Czakó
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Articles 4(2), 5 and 6(1) — Terms defining the main subject matter of the contract — Loan agreement denominated in a foreign currency — Scope of the term ‘drafted in plain, intelligible language’ — Partial or total invalidity of the contract
Case C-233/17 P GX v Commission
Appeal — Article 181 of the Rules of Procedure — Civil service — Open Competition EPSO/AD/248/13 — Decision not to include the appellant on the reserve list
Case C-529/17 P Martín Osete v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Revocation proceedings — Word mark AN IDEAL WIFE — Declaration of revocation
Case C-701/17 P Valkov v European Court of Human Rights and Supreme Court of Cassation of the Republic of Bulgaria
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Lack of jurisdiction of the General Court of the European Union to hear and determine an action seeking annulment of a decision of the European Court of Human Rights and of a decision of the Supreme Court of Cassation of the Republic of Bulgaria — Appeal manifestly inadmissible
Case C-482/17 R Czech Republic v Parliament and Council
Application for interim measures — Article 278 TFEU — Suspension of the operation of an EU act — Directive (EU) 2017/853 amending Directive 91/477/EEC — Monitoring of the acquisition and holding of fire arms — Urgency
March 2018
Case C-297/16 CMVRO v Ansvsa
Reference for a preliminary ruling — Directive 2006/123/EC — Services in the internal market — National legislation limiting the right to retail, use and administer veterinary medicinal, anti-parasitic and organic products to veterinary practitioners — Freedom of establishment — Requirement that the share capital of establishments retailing veterinary medicinal products be held only by veterinary practitioners — Protection of public health — Proportionality)
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-558/16 Proceedings brought by Mahnkopf
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EU) No 650/2012 — Succession and European Certificate of Succession — Scope — Ability to include the surviving spouse’s share in the European Certificate of Succession
Request for a preliminary ruling from the Kammergericht Berlin
Language of the case: German
Case C-9/17 Proceedings brought by Tirkkonen
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Tendering procedure for public contracts for farm advisory services — Whether or not there is a public contract — Scheme for obtaining services open to any economic operator who satisfies previously established conditions — Scheme not subsequently open to other economic operators
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-76/17 Petrotel-Lukoil and Georgescu v Ministerul Economiei and Others
Reference for a preliminary ruling — Charges having an effect equivalent to customs duties — Article 30 TFEU — Internal taxation — Article 110 TFEU — Charge applied to exported petroleum products — Charge not passed on to the consumer — Tax burden for the taxpayer — Reimbursement of the sums paid by the taxpayer
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
Joined Cases C-52/16 and C-113/16 SEGRO v Vas Megyei Kormányhivatal Sárvári Járási Földhivatala and Horváth v Vas Megyei Kormányhivatal
References for a preliminary ruling — Article 63 TFEU — Free movement of capital — Rights of usufruct over agricultural land — National legislation permitting such rights to be acquired in the future only by close family members of the owner of the land and cancelling, without providing for compensation, the rights previously acquired by legal persons or by natural persons who cannot demonstrate a close family tie with the owner of the land
Requests for a preliminary ruling from the Szombathelyi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-284/16 Slowakische Republik v Achmea
Reference for a preliminary ruling — Bilateral investment treaty concluded in 1991 between the Kingdom of the Netherlands and the Czech and Slovak Federative Republic and still applicable between the Kingdom of the Netherlands and the Slovak Republic — Provision enabling an investor from one Contracting Party to bring proceedings before an arbitral tribunal in the event of a dispute with the other Contracting Party — Compatibility with Articles 18, 267 and 344 TFEU — Concept of ‘court or tribunal’ — Autonomy of EU law
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-579/16 P Commission v FIH Holding and FIH Erhvervsbank
Appeal — State aid — Definition of ‘aid’ — Definition of ‘economic advantage’ — Market economy operator principle — Conditions governing applicability and application — Financial crisis — Successive bank bail outs — Whether account to be taken, in the assessment of the second bail out, of the risks arising from commitments entered into by a Member State in the first bail out
Language of the case: English
Case C-127/16 P SNCF Mobilités v Commission
Appeal — State aid — Aid implemented by the French Republic in favour of Sernam — Restructuring and recapitalisation aid, guarantees and waiving of Sernam’s financial debts by SNCF — Decision declaring that aid incompatible with the internal market and ordering its recovery — Sale of assets en bloc — Concept of ‘sale’ — Confusion between object and price of the sale of assets en bloc — Open and transparent procedure — Private investor test — Application of that principle to an assignment of assets en bloc — Compensatory measures
Language of the case: French
Joined Cases C-274/16, C-447/16 and C-448/16 flightright v Air Nostrum, Líneas Aéreas del Mediterráneo, Becker v Hainan Airlines and Barkan and Others v Air Nostrum, Líneas Aéreas del Mediterráneo
Reference for a preliminary ruling — Area of Freedom, Security and Justice — Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001 — Article 5(1) — Regulation (EU) No 1215/2012 — Article 7(1) — Concept of ‘matters relating to a contract’ — Contract for the provision of services — Connecting flight operated by different air carriers — Concept of ‘place of performance’ — Regulation (EC) No 261/2004 — Right of air passengers to compensation for denied boarding and for the long delay of a flight — Action for compensation brought against an operating air carrier not domiciled in the territory of a Member State or with which the passengers do not have contractual relations
Requests for a preliminary ruling from the Amtsgericht Düsseldorf and the Bundesgerichtshof
Language of the case: German
Case C-494/16 Santoro v Comune di Valderice and Presidenza del Consiglio dei Ministri
Reference for a preliminary ruling — Social policy — Fixed-term work — Contracts concluded with a public sector employer — Measures to penalise the misuse of fixed-term contracts — Principles of equivalence and effectiveness
Request for a preliminary ruling from the Tribunale di Trapani
Language of the case: Italian
Case C-560/16 E.ON Czech Holding v Dĕdouch and Others
Reference for a preliminary ruling — Regulation (EC) No 44/2001 — Jurisdiction in civil and commercial matters — Exclusive jurisdiction — Article 22(2) — Validity of decisions of the organs of companies or legal persons having their seat in the territory of a Member State — Exclusive jurisdiction of the courts of that Member State — Decision of the general meeting of a company ordering the compulsory transfer to that company’s principal shareholder of the shares held by the company’s minority shareholders and determining the consideration to be paid to them by the principal shareholder — Judicial procedure for reviewing the reasonableness of that consideration
Request for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
Case C-651/16 DW v Valsts sociālās apdrošināšanas aģentūra
Reference for a preliminary ruling — Social security — Maternity benefit — Calculation of the amount on the basis of the income of the insured person during a reference period of 12 months — Person employed, during that period, by an EU institution — National legislation fixing the amount at issue at 70% of the average contribution basis — Restriction on freedom of movement for workers — Principle of sincere cooperation
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
Case C-31/17 Cristal Union v Ministre de l'Économie et des Finances
Reference for a preliminary ruling — Directive 2003/96/EC — Taxation of energy products and electricity — Article 14(1)(a) — Energy products used for the generation of electricity — Obligation to exempt — Article 15(1)(c) — Energy products used for combined heat and power generation — Option to exempt or reduce the level of taxation — Natural gas intended for use in the cogeneration of heat and electricity
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-159/17 Dobre v Ministerul Finanţelor Publice – A.N.A.F. – D.G.R.F.P. Galaţi – Serviciul Soluţionare Contestaţii and A.N.A.F - D.G.R.F.P. Galaţi – A.J.F.P. Constanţa – Serviciul Inspecţie Fiscală Persoane Fizice 2 Constanţa
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Revocation of identification for VAT purposes — Obligation to pay VAT collected in the period during which the VAT identification number is revoked — Non-recognition of the right to deduct VAT relating to purchases made during that period
Request for a preliminary ruling from the Curtea de Apel Constanţa
Language of the case: Romanian
Case C-395/16 DOCERAM v CeramTec
Reference for a preliminary ruling — Intellectual and industrial property — Regulation (EC) No 6/2002 — Community design — Article 8(1) — Features of appearance of a product solely dictated by its technical function — Criteria for assessment — Existence of alternative designs — Consideration of the point of view of an ‘objective observer’
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-64/17 Saey Home & Garden v Lusavouga-Máquinas e Acessórios Industriais
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EU) No 1215/2012 — Article 25 — Existence of a jurisdiction clause — Verbal agreement without written confirmation — Clause contained in the general terms and conditions of sale mentioned in invoices — Article 7(1)(b) — Commercial concession agreement between two companies established in different Member States in respect of the market of a third Member State — Article 7(1)(b), second indent — Determination of the court with jurisdiction — Place of performance of the obligation that is characteristic of such a contract
Request for a preliminary ruling from the Tribunal da Relação do Porto
Language of the case: Portuguese
Case C-244/16 P Industrias Químicas del Vallés v Commission
Appeal — Plant protection products — Implementing Regulation (EU) 2015/408 — Placing on the market of plant protection products and establishing a list of candidates for substitution — Inclusion of active substance metalaxyl in that list — Action for annulment — Admissibility — Article 263, fourth paragraph, TFEU — Regulatory act that does not entail implementing measures — Individually concerned person
Language of the case: Spanish
Case C-384/16 P European Union Copper Task Force v Commission
Appeal — Plant protection products — Implementing Regulation (EU) 2015/408 — Placing on the market of plant protection products and establishing a list of candidates for substitution — Inclusion of active substance ‘copper compounds’ in that list — Action for annulment — Admissibility — Article 263, fourth paragraph, TFEU — Regulatory act that does not entail implementing measures — Individually concerned person
Language of the case: English
Case C-482/16 Stollwitzer v ÖBB Personenverkehr
Reference for a preliminary ruling — Social policy — Article 45 TFEU — Principle of non-discrimination on grounds of age — Charter of Fundamental Rights of the European Union — Article 21(1) — Directive 2000/78/EC — Articles 2, 6 and 16 — Reference date for the purpose of advancement — Discriminatory legislation of a Member State which does not allow periods of activity completed before reaching the age of 18 to be taken into account for the purpose of determining remuneration — Abolition of provisions that are contrary to the principle of equal treatment
Request for a preliminary ruling from the Oberlandesgericht Innsbruck
Language of the case: German
Case C-557/16 Proceedings brought by Astellas Pharma
Reference for a preliminary ruling — Directive 2001/83/EC — Medicinal products for human use — Articles 28 and 29 — Decentralised procedure for marketing authorisation for a medicinal product — Article 10 — Generic medicinal product — Data exclusivity period for the reference medicinal product — Power of the competent authorities of the Member States concerned to determine the point in time from which the exclusivity period starts to run — Jurisdiction of the courts of the Member States concerned to review the determination of the point in time from which the exclusivity period starts to run — Effective judicial protection — Charter of Fundamental Rights of the European Union — Article 47
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-256/16 Deichmann v Hauptzollamt Duisburg
Reference for a preliminary ruling — Admissibility — Anti-dumping — Validity of a regulation seeking to implement a judgment of the Court declaring previous regulations invalid — Obligation to implement — Legal basis — Regulation (EC) No 1225/2009 — Article 14 — Setting of the criteria relating to the collection of anti-dumping duties by Member States — Direction suspending the repayment of anti-dumping duties by national customs authorities — Resumption of the proceeding that preceded the regulations declared invalid — Article 10 — Non-retroactivity — Community Customs Code — Article 221 — Time-bar — Article 236 — Repayment of duties not owed
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C-355/16 Picart v Ministre des Finances et des Comptes publics
Reference for a preliminary ruling — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Direct taxation — Transfer of the place of residence from a Member State to Switzerland — Taxation of unrealised gains on significant shareholdings in a number of companies established in the Member State of origin at the time of such transfer — Scope of the Agreement
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-431/16 INSS and TGSS v Blanco Marqués
Reference for a preliminary ruling — Social security for migrant workers — Regulation (EEC) No 1408/71 — Articles 12 and 46a to 46c — Benefits of the same kind — Definition — Rule against overlapping — Definition — Conditions — National rule providing for a supplement to the total permanent incapacity pension for workers of at least 55 years of age — Suspension of the supplement in the event of employment or receipt of a retirement pension
Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León
Language of the case: Spanish
Case C-470/16 North East Pylon Pressure Campaign and Sheehy v An Bord Pleanála and Others
Reference for a preliminary ruling — Assessment of the effects of certain projects on the environment — Directive 2011/92/EU — Right of members of the public concerned to a review procedure — Premature challenge — Concepts of a not prohibitively expensive procedure and of decisions, acts or omissions subject to the public participation provisions of the directive — Applicability of the Aarhus Convention
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Case C-104/17 Cali Esprou v Administraţia Fondului pentru Mediu
Reference for a preliminary ruling — Directive 94/62/EC — Packaging and packaging waste — Recovery and recycling of waste — National environmental fund contribution — National marketing of packaged products and their packaging, without alteration — ‘Polluter-pays’ principle — Status of polluter
Request for a preliminary ruling from the Curtea de Apel Piteşti
Language of the case: Romanian
Case C-524/15 Criminal proceedings against Menci
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Failure to pay VAT due — Penalties — National legislation which provides for an administrative penalty and a criminal penalty for the same acts — Charter of Fundamental Rights of the European Union — Article 50 — Ne bis in idem principle — Criminal nature of the administrative penalty — Existence of the same offence — Article 52(1) — Limitations to the ne bis in idem principle — Conditions
Request for a preliminary ruling from the Tribunale di Bergamo
Language of the case: Italian
Case C-187/16 Commission v Austria (State printing office)
Failure of a Member State to fulfil obligations — Directives 92/50/EEC and 2004/18/EC — Public service contracts — State printing office — Production of identity documents and other official documents — Award of contracts to an undertaking governed by private law without a procurement procedure first being conducted — Special security measures — Protection of the essential interests of the Member States
Language of the case: German
Case C-537/16 Garlsson Real Estate and Others v Consob
Reference for a preliminary ruling — Directive 2003/6/EC — Market manipulation — Penalties — National legislation providing for an administrative penalty and a criminal penalty for the same acts — Charter of Fundamental Rights of the European Union — Article 50 — Ne bis in idem principle — Criminal nature of the administrative penalty — Existence of the same offence — Article 52(1) — Limitations to the ne bis in idem principle — Conditions
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Joined Cases C-596/16 and C-597/16 Di Puma v Consob and Consob v Zecca
References for a preliminary ruling — Directive 2003/6/EC — Insider dealing — Penalties — National legislation which provides for an administrative penalty and a criminal penalty for the same acts — Res judicata attached to a final criminal judgment relating to administrative proceedings — Final criminal judgment ordering acquittal in respect of insider dealing — Effectiveness of the penalties — Charter of Fundamental Rights of the European Union — Article 50 — Ne bis in idem principle — Criminal nature of the administrative sanction — Existence of the same offence — Article 52(1) — Limitations to the ne bis in idem principle — Conditions
Requests for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-533/16 Volkswagen v Finančné riaditeľstvo Slovenskej republiky
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Articles 167 to 171 — Right to deduct VAT — Right to refunds of VAT for taxable persons not established in the Member State of refund — Article 178(a) — Rules governing the exercise of the right to deduct VAT — Directive 2008/9/EC — Detailed rules for the refund of VAT — Limitation period — Principle of fiscal neutrality — VAT charged and paid several years after delivery of the goods in question — Refusal to allow the exercise of the right to a refund due to the expiry of the time limit which should have started to run from the date of supply of the goods
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
Case C-551/16 Klein Schiphorst v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen
Reference for a preliminary ruling — Social security — Agreement between the European Community and the Swiss Confederation — Coordination of social security systems — Regulation (EC) No 883/2004 — Articles 7, 63 and 64 — Unemployment benefits — Unemployed person going to another Member State — Retention of entitlement to benefits — Duration
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
Joined Cases C-688/15 and C-109/16 Anisimovienė and Others v bankas Snoras and Others and Indėlių ir investicijų draudimas v Raišelis and bankas Snoras
References for a preliminary ruling — Deposit-guarantee and investor-compensation schemes — Directive 94/19/EC — Article 1(1) — Deposits — Temporary situations deriving from normal banking transactions — Directive 97/9/EC — Second subparagraph of Article 2(2) — Money owed to or belonging to an investor and held on his behalf by an investment firm in connection with investment business — Credit institution which issues transferable securities — Funds transferred by individuals to that institution in respect of subscription to future transferable securities — Application of Directive 2004/39/EC — Insolvency of that institution before the transferable securities in question are issued — Public undertaking entrusted with the deposit-guarantee and investor-compensation schemes — Ability to rely on Directives 94/19/EC and 97/9/EC against that undertaking
Requests for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Joined Cases C-327/16 and C-421/16 Jacob v Ministre des Finances et des Comptes publics and Ministre des Finances et des Comptes publics v Lassus
Reference for a preliminary ruling — Direct taxation — Freedom of establishment — Mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States — Directive 90/434/EEC — Article 8 — Exchange of securities — Capital gains relating to that transaction — Deferred taxation — Capital losses upon the subsequent transfer of securities received — Tax competence of the State of residence — Difference in treatment — Justification — Preservation of the allocation of fiscal competence between Member States
Requests for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-568/16 Rasool Entertainment and Staatsanwaltschaft Stuttgart v Rasool
Reference for a preliminary ruling — Payment services — Directive 2007/64/EC — Article 3(e) and (o) — Article 4(3) — Annex — Point 2 — Scope — Operation of multifunctional terminals enabling cash withdrawals in gaming arcades — Consistency of the practice of the national authorities in bringing prosecutions — Confiscation of sums obtained by means of an unlawful activity — Charter of Fundamental Rights of the European Union — Article 17
Request for a preliminary ruling from the Amtsgericht Nürtingen
Language of the case: German
Information (on unpublished decisions)
Joined Cases C-412/16 P and C-413/16 P Ice Mountain Ibiza v EUIPO
Appeal — EU trade mark — Application for registration of EU figurative marks ocean beach club ibiza and ocean ibiza — Earlier national figurative marks OC ocean club and OC ocean club Ibiza — Regulation (EC) No 207/2009 — Article 8(1)(b) — Relative grounds for refusal — Likelihood of confusion
Case C-560/17 P Mediaexpert v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — Figurative mark in black, yellow and white, containing the word element ‘mediaexpert’ — Failure to submit a translation of the registration certificate for the earlier mark — Rejection of the application for a declaration of invalidity
Case C-575/16 Commission v Czech Republic
Failure of a Member State to fulfil obligations — Article 49 TFEU — Freedom of establishment — Notaries — Nationality requirement — Article 51 TFEU — Connection with the exercise of official authority
Joined Cases C-133/17 and C-134/17 Podilă and Others v CFR Călători and Mucea v SMDA Mureş Insolvency
Reference for a preliminary ruling — Directive 89/391/EEC — Safety and health of workers at work — Classification of work places as places characterised by particular or special conditions — Assessment of the risks to safety and health at work — Employer’s obligations
Case C-252/17 Vadillo González v Alestis Aerospace
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Insufficient information regarding the factual and legal context of the dispute in the main proceedings and lack of grounds justifying why an answer to the questions referred is necessary — Manifest inadmissibility
Case C-315/17 Centeno Meléndez v Universidad de Zaragoza
Reference for a preliminary ruling — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — System of horizontal career development — Grant of remuneration supplement — National legislation excluding non-established agents — Notions of ‘employment conditions’ and ‘objective reasons’
Case C-576/17 P(R) Wall Street Systems UK v ECB
Appeal — Order for interim measures — Public service contracts — Rejection of the bid made by a tenderer and decision to award the contract to another tenderer — Application for suspension of operation of a measure — Urgency — Serious harm
Case C-642/17 P Arrigoni v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — International registration designating the European Union of the figurative mark containing the word elements ‘Arrigoni Valtaleggio’ — Rejection of the application for a declaration of invalidity
April 2018
Case C-191/16 Pisciotti v Bundesrepublik Deutschland
Reference for a preliminary ruling — Citizenship of the Union — Articles 18 and 21 TFEU — Extradition to the United States of America of a national of a Member State who has exercised his right to freedom of movement — Extradition agreement between the European Union and that third State — Scope of EU law — Prohibition on extradition applied only to own nationals — Restriction on free movement — Justification based on the prevention of impunity — Proportionality — Informing the Union citizen’s Member State of origin
Request for a preliminary ruling from the Landgericht Berlin
Language of the case: German
Case C-320/16 Criminal proceedings against Uber France
Reference for a preliminary ruling — Services in the field of transport — Directive 2006/123/EC — Services in the internal market — Directive 98/34/EC — Information society services — Rule on information society services — Definition — Intermediation service making it possible, by means of a smartphone application and for remuneration, to put non-professional drivers using their own vehicle in contact with persons who wish to make urban journeys — Criminal penalties
Request for a preliminary ruling from the Tribunal de grande instance de Lille
Language of the case: French
Case C-85/18 PPU CV v DU
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Article 99 of the Rules of Procedure of the Court — Judicial cooperation in civil matters — Jurisdiction in matters of parental responsibility — Child custody — Regulation (EC) No 2201/2003 — Articles 8, 10 and 13 — Concept of ‘habitual residence’ of a child — Judgment delivered by a court of another Member State concerning the place of residence of a child — Wrongful removal or retention — Jurisdiction in cases of child abduction
Request for a preliminary ruling from the Judecătoria Oradea
Language of the case: Romanian
Case C-532/16 Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos v SEB bankas
Reference for a preliminary ruling — Common system of value added tax (VAT) — Limitation of the right to deduct input tax — Adjustment of the deduction of input tax paid — Supply of land — Mischaracterisation as ‘taxable activity’ — Indication of VAT on the initial invoice — Amendment of that indication by the supplier
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-258/16 Finnair v Keskinäinen Vakuutusyhtiö Fennia
Reference for a preliminary ruling — Air transport — Montreal Convention — Article 31 — Liability of air carriers for checked baggage — Requirements as to the form and content of the written complaint sent to the air carrier — Complaint made electronically and recorded in the air carrier’s information system — Complaint made on behalf of the person entitled to delivery of checked baggage or cargo by an agent of the air carrier
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Case C-541/16 Commission v Denmark
Failure of a Member State to fulfil obligations — Regulation (EC) No 1072/2009 — Article 2(6) — Article 8 — Cabotage operations — Definition — Definition contained in a ‘Questions and answers’ document drawn up by the European Commission — Legal force — National implementing measures limiting the number of loading points and unloading points which may be part of the same cabotage operation — Discretion — Restriction — Proportionality
Language of the case: Danish
Case C-550/16 A and S v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Right to family reunification — Directive 2003/86/EC — Article 2(f) — Definition of ‘unaccompanied minor’ — Article 10(3)(a) — Right of a refugee to family reunification with his parents — Refugee below the age of 18 at the time of entry into the Member State and at the time of application for asylum, but over 18 at the time of the decision granting asylum and of his application for family reunification — Relevant date for assessing ‘minor’ status of the person concerned
Request for a preliminary ruling from the rechtbank Den Haag
Language of the case: Dutch
Case C-8/17 Biosafe - Indústria de Reciclagens v Flexipiso - Pavimentos
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Articles 63, 167, 168, 178 to 180, 182 and 219 — Principle of fiscal neutrality — Right to deduct VAT — Period allowed by national law for exercising that right — Deduction of additional VAT paid to the State that was the subject of documents rectifying the initial invoices following a tax adjustment — The date from which the period starts to run
Request for a preliminary ruling from the Supremo Tribunal de Justiça
Language of the case: Portuguese
Case C-13/17 Fédération des entreprises de la beauté v Ministre des Affaires sociales, de la Santé et des Droits des femmes and Others
Reference for a preliminary ruling — Approximation of laws — Cosmetic products — Regulation (CE) no 1223/2009 — Article 10(2) — Assessment of the safety of cosmetic products — Qualification of the safety assessor — Recognition of equivalent training courses — Disciplines similar to pharmacy, toxicology or medicine — Member States’ discretion
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-110/17 Commission v Belgium
Failure of a Member State to fulfil obligations — Free movement of capital — Article 63 TFEU — Article 40 of the EEA Agreement — Tax on the income of Belgian residents — Calculation of income from immovable property — Application of two different calculation methods depending on the place in which the immovable property is situated — Calculation on the basis of the cadastral value for immovable property located in Belgium — Calculation based on the actual rental value for immovable property located in another Member State of the European Union or the European Economic Area (EEA) — Difference in treatment — Restriction on the free movement of capital
Language of the case: French
Case C-227/17 Medtronic v Finanzamt Neuss
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Customs Union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Subheadings 9021 10 10, 9021 10 90 and 9021 90 90 — Spinal fixation systems — Implementing Regulation (EU) No 1214/2014
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C-302/17 PPC Power v Finančné riaditeľstvo Slovenskej republiky and Daňový úrad pre vybrané daňové subjekty
Reference for a preliminary ruling — Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Objectives — Free allocation of allowances — National legislation making transferred and unused allowances subject to taxation)
Request for a preliminary ruling from the Krajský súd v Bratislave
Language of the case: Slovak
Case C-323/17 People Over Wind and Sweetman v Coillte Teoranta
Reference for a preliminary ruling — Environment — Directive 92/43/EEC — Conservation of natural habitats — Special areas of conservation — Article 6(3) — Screening in order to determine whether or not it is necessary to carry out an assessment of the implications, for a special area of conservation, of a plan or project — Measures that may be taken into account for that purpose
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Joined Cases C-316/16 and C-424/16 B v Land Baden-Württemberg and Secretary of State for the Home Department v Vomero
References for a preliminary ruling — Citizenship of the European Union — Right to move and reside freely within the territory of the Member States — Directive 2004/38/EC — Article 28(3)(a) — Enhanced protection against expulsion — Conditions — Right of permanent residence — Residence in the host Member State for the 10 years preceding the decision to expel the person concerned from that Member State — Period of imprisonment — Consequences as regards the continuity of the 10-year period of residence — Connection with the overall assessment of an integrative link — Time at which that assessment must be carried out and criteria to be taken into account in that assessment
Requests for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg and the Supreme Court of the United Kingdom
Languages of the case: German and English
Case C-414/16 Egenberger v Evangelisches Werk für Diakonie und Entwicklung
Reference for a preliminary ruling — Social policy — Directive 2000/78/CE — Equal treatment — Difference of treatment on grounds of religion or belief — Occupational activities within churches and other organisations the ethos of which is based on religion or belief — Religion or belief constituting a genuine, legitimate and justified occupational requirement, having regard to the organisation’s ethos — Concept — Nature and context of the activities — Article 17 TFEU — Articles 10, 21 and 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Joined Cases C-195/17, C-197/17 to C-203/17, C-226/17, C-228/17, C-254/17, C-274/17, C-275/17, C-278/17 to C-286/17 and C-290/17 to C-292/17 Krüsemann and Others v TUIfly
References for a preliminary ruling — Transport — Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights — Regulation (EC) No 261/2004 — Article 5(3) — Article 7(1) — Right to compensation — Exemption — ‘Extraordinary circumstances’ — ‘Wildcat strike’
References for a preliminary ruling from the Amtsgericht Hannover and Amtsgericht Düsseldorf
Language of the case: German
Case C-441/17 Commission v Poland (Białowieża Forest)
Failure of a Member State to fulfil obligations — Environment — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Article 6(1) and (3) — Article 12(1) — Directive 2009/147/EC — Conservation of wild birds — Articles 4 and 5 — ‘Puszcza Białowieska’ Natura 2000 site — Amendment of the forest management plan — Increase in the volume of harvestable timber — Plan or project not directly necessary to the management of the site that is likely to have a significant effect on it — Appropriate assessment of the implications for the site — Adverse effect on the integrity of the site — Actual implementation of the conservation measures — Effects on the breeding sites and resting places of the protected species
Language of the case: Polish
Case C-640/17 dos Santos v Fazenda Pública
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Internal taxation — Prohibition of discriminatory taxation — Article 110 TFEU — Annual road tax for motor vehicles — Setting of tax rate according to the date of first registration of the vehicle in the taxing Member State — Second-hand motor vehicles imported from other Member States — No account taken of the date of first registration in another Member State
Request for a preliminary ruling from the Tribunal Administrativo e Fiscal de Coimbra
Language of the case: Portuguese
Case C-525/16 MEO – Serviços de Comunicações e Multimédia v Autoridade da Concorrência
Reference for a preliminary ruling — Competition — Abuse of dominant position — Subparagraph (c) of the second paragraph of Article 102 TFEU — Concept of ‘competitive disadvantage’ — Discriminatory prices on the downstream market — Cooperative for the management of rights relating to copyright — Royalty payable by domestic entities which provide a paid television signal transmission service and television content
Request for a preliminary ruling from the Tribunal da Concorrência, Regulação e Supervisão
Language of the case: Portuguese
Case C-565/16 Proceedings brought by Saponaro and Xylina
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility — Regulation (EC) No 2201/2003 — Court of a Member State seised with an application for judicial authorisation to renounce an inheritance on behalf of a minor child — Jurisdiction in matters of parental responsibility — Prorogation of jurisdiction — Article 12(3)(b) — Acceptance of jurisdiction — Conditions
Request for a preliminary ruling from the Eirinodikeio Lerou
Language of the case: Greek
Case C-580/16 Firma Hans Bühler v Finanzamt de Graz-Stadt
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Place of intra-Community acquisition — Article 42 — Intra-Community acquisition of goods that are the object of a subsequent supply — Article 141 — Exemption — Triangular transaction — Simplification measures — Article 265 — Correction of recapitulative statement
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-645/16 CMR v Demeures terre et tradition
Reference for a preliminary ruling — Self-employed commercial agents — Directive 86/653/EEC — Right of the commercial agent to an indemnity or compensation for damage following termination of the commercial agency contract — Article 17 — Exclusion from the right to indemnity in the event of termination of the contract during the trial period provided for in the contract
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C-65/17 Oftalma Hospital v CIOV and Regione Piemonte
Reference for a preliminary ruling — Public service contracts — Health and social services — Award contrary to the rules on public procurement — Requirement to comply with the principles of transparency and equal treatment — Concept of ‘certain cross-border interest’ — Directive 92/50/EEC — Article 27
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-148/17 Peek & Cloppenburg v Peek & Cloppenburg
Reference for a preliminary ruling — Trade-mark law — Directive 2008/95/EC — Article 14 — Establishment a posteriori of the invalidity or revocation of a trade mark — Date on which the conditions for revocation or invalidity must be met — Regulation (EC) No 207/2009 — EU trade mark — Article 34(2) — Claiming the seniority of an earlier national mark — Effects of that claim on the earlier national mark
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-152/17 Consorzio Italian Management and Catania Multiservizi v Rete Ferroviaria Italiana
Reference for a preliminary ruling — Procurement procedures of entities operating in the water, energy, transport and postal services sectors — Directive 2004/17/EC — Obligation to review prices after the award of the contract — No such obligation in Directive 2004/17/EC or arising from the general principles underlying Article 56 TFEU and Directive 2004/17/EC — Cleaning and maintenance services linked to railway transport operations — Article 3(3) TEU — Articles 26, 57, 58 and 101 TFEU — Lack of sufficient information concerning the factual context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred — Inadmissibility — Article 16 of the Charter of Fundamental Rights of the European Union — Provision of national law not implementing EU law — Lack of jurisdiction
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-353/16 MP v Secretary of State for the Home Department (Subsidiary protection of a person previously a victim of torture)
Reference for a preliminary ruling — Asylum policy — Charter of Fundamental Rights of the European Union — Article 4 — Directive 2004/83/EC — Article 2(e) — Eligibility for subsidiary protection — Article 15(b) — Risk of serious harm to the psychological health of the applicant if returned to the country of origin — Person who has been tortured in the country of origin
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
Case C-102/17 Secretaria Regional de Saúde dos Açores v Ministério Público
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Article 267 TFEU — Concept of a ‘court or tribunal of a Member State’ — Proceedings intended to lead to a decision of a judicial nature — National court of auditors — Prior review of the legality and budgetary justification of public expenditure — Manifest inadmissibility
Request for a preliminary ruling from the Tribunal de Contas
Language of the case: Portuguese
Case C-233/16 ANGED v Generalitat de Catalunya
Reference for a preliminary ruling — Regional tax on large retail establishments — Freedom of establishment — Protection of the environment and town and country planning — State aid — Selective measure — Letter from the Commission stating that no further action will be taken on a complaint — Existing aid
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Joined Cases C-234/16 and C-235/16 ANGED v Consejería de Economía y Hacienda del Principado de Asturias and Consejo de Gobierno del Principado de Asturias
References for a preliminary ruling — Regional tax on large retail establishments — Freedom of establishment — Protection of the environment and town and country planning — State aid — Selective measure
Requests for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-236/16 ANGED v Diputación General de Aragón
References for a preliminary ruling — Regional tax on large retail establishments — Freedom of establishment — Protection of the environment and town and country planning — State aid — Selective measure
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-34/17 Donnellan v The Revenue Commissioners
Reference for a preliminary ruling — Mutual assistance for the recovery of claims — Directive 2010/24/EU — Article 14 — Right to an effective remedy — Charter of Fundamental Rights of the European Union — Article 47 — Possibility for the requested authority to refuse recovery assistance on the basis that the claim was not duly notified
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Case C-81/17 Zabrus Siret v Direcţia Generală Regională a Finanţelor Publice Iaşi - Administraţia Judeţeană a Finanţelor Publice Suceava
Reference for a preliminary ruling — Taxation — Directive 2006/112/EC — Common system of value added tax (VAT) — Deduction of input tax — Right to a refund of VAT — Transactions relating to a tax period that has already been the subject of a tax inspection which has concluded — National legislation — Possibility for the taxable person to correct tax returns which have already been covered by a tax inspection — Precluded — Principle of effectiveness — Fiscal neutrality — Legal certainty
Request for a preliminary ruling from the Curtea de Apel Suceava
Language of the case: Romanian
Case C-97/17 Commission v Bulgaria
Failure of a Member State to fulfil obligations — Protection of nature — Directive 2009/147/EC — Conservation of wild birds — Special Protection Area (SPA) — Classification as SPAs of the most suitable territories in number and size for the conservation of the bird species listed in Annex I to Directive 2009/147 — Important Bird Area (IBA) — IBA Rila — Partial classification of IBA Rila as an SPA
Language of the case: Bulgarian
Information (on unpublished decisions)
Case C-327/17 P Cryo-Save v EUIPO
Appeal — European Union trade mark — Revocation proceedings — Withdrawal of the application for revocation — Appeal which has become devoid of purpose — No need to adjudicate
Case C-651/17 P Grupo Osborne v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the figurative mark containing the word element ‘BADTORO’ — Opposition proceedings — Earlier national figurative mark containing the word element ‘TORO’ — Earlier national word mark EL TORO — Earlier European Union word mark TORO — Relative ground for refusal — Refusal of registration — Annulment — No likelihood of confusion
Case C-652/17 P Grupo Osborne v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the figurative mark containing the word element “BADTORO” — Opposition proceedings — Earlier figurative and word marks of the European Union TORO — Relative ground for refusal — Rejection in part of the application for registration — Annulment — No likelihood of confusion
Case C-478/16 P EUIPO v Group
Appeal — EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of a non-registered trade mark or other sign used in the course of trade — Examination by the Board of Appeal — New or supplementary evidence — Regulation (EC) No 207/2009 — Article 76(2) — Regulation (EC) No 2868/95 — Third subparagraph of Rule 50(1)
Case C-75/17 P Fiesta Hotels & Resorts v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 8(4) — Article 65 — Unregistered trade name GRAND HOTEL PALLADIUM — Figurative mark containing the word elements ‘PALLADIUM PALACE IBIZA RESORT & SPA’ — Application for a declaration of invalidity based on a prior right acquired pursuant to national law — Conditions — Sign of more than merely local significance — Right to prohibit the use of a subsequent trade mark
Joined Cases C-91/17 P and C-92/17 P Cellnex Telecom and Telecom Castilla-La Mancha v Commission
Appeal — State Aid — Digital television — Aid for the extension of digital terrestrial television to the remote and less urbanised areas of the Comunidad Autónoma de Castilla-La Mancha (Autonomous Community of Castilla-La Mancha, Spain) — Grant in favour of operators of digital terrestrial television platforms — Decision declaring the aid measures to be partially incompatible with the internal market — Concept of ‘State Aid’ — Advantage — Service of general economic interest — Definition — Margin of discretion of the Member States
May 2018
Case C-574/15 Criminal proceedings against Scialdone
Reference for a preliminary ruling — Value added tax (VAT) — Protection of the European Union’s financial interests — Article 4(3) TEU — Article 325(1) TFEU — Directive 2006/112/EC — PFI Convention — Penalties — Principles of equivalence and effectiveness — Failure to pay, within the time limit prescribed by law, the VAT resulting from an annual tax return — National legislation imposing a custodial sentence only where the amount of unpaid VAT exceeds a certain criminalisation threshold — National legislation imposing a lower criminalisation threshold for a failure to pay withholding income tax
Request for a preliminary ruling from the Tribunale di Varese
Language of the case: Italian
Case C-331/16 K. v Staatssecretaris van Veiligheid en Justitie and H.F. v Belgische Staat (Right of residence and alleged war crimes)
Reference for a preliminary ruling — Citizenship of the European Union — Right to move and reside freely within the territory of the Member States — Directive 2004/38/EC — Second subparagraph of Article 27(2) — Restrictions on the right of entry and the right of residence on grounds of public policy, public security or public health — Expulsion on grounds of public policy or public security — Conduct representing a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society — Person whose asylum application has been refused for reasons within the scope of Article 1F of the Geneva Convention or Article 12(2) of Directive 2011/95/EU — Article 28(1) — Article 28(3)(a) — Protection against expulsion — Residence in the host Member State for the previous ten years — Imperative grounds of public security — Meaning
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Middelburg and the Raad voor Vreemdelingenbetwistingen
Language of the case: Dutch
Case C-376/16 P EUIPO v European Dynamics Luxembourg and Others
Appeal — Public service contracts — Provision of external services for programme and project management and technical consultancy in the field of information technologies — Cascade procedure — Article 21 of the Statute of the Court of Justice of the European Union — Article 76 and Article 84(1) of the Rules of Procedure of the General Court — Ruling ultra petita prohibited — Weighting of sub-criteria within award criteria — Manifest errors of assessment — Regulation (EC, Euratom) No 1605/2002 — Article 100(2) — Decision rejecting a tender — Failure to state reasons — Loss of opportunity — Non-contractual liability of the European Union — Claim for damages
Language of the case: English
Case C-82/16 K.A. and Others v Belgische Staat (Family reunification in Belgium)
Reference for a preliminary ruling — Border control, asylum, immigration — Article 20 TFEU — Charter of Fundamental Rights of the European Union — Articles 7 and 24 — Directive 2008/115/EC — Articles 5 and 11 — Third‑country national subject to an entry ban — Application for residence for the purposes of family reunification with a Union citizen who has not exercised freedom of movement — Refusal to examine the application
Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen
Language of the case: Dutch
Case C-147/16 Karel de Grote – Hogeschool Katholieke Hogeschool Antwerpen v Kuijpers
Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms in consumer contracts concluded between a seller or supplier and a consumer — Examination by the national court of its own motion of the question of whether the contract is within the scope of that directive — Article 2(c) — Notion of ‘seller or supplier’ — Higher educational establishment financed mainly by public funds — Contract for an interest-free repayment plan for registration fees and share of costs of a study trip
Request for a preliminary ruling from the vredegerecht te Antwerpen
Language of the case: Dutch
Case C-325/16 Industrias Químicas del Vallés v Administración General del Estado and Sapec Agro
Reference for a preliminary ruling — Agriculture — Directive 91/414/EEC — Directive 2010/28/EU — Article 3(1) — Procedure for re-evaluation by Member States, authorised plant protection products — Time limit — Extension
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-531/16 Šiaulių regiono atliekų tvarkymo centras and Ecoservice projektai
Reference for a preliminary ruling — Directive 2004/18/EC — Procedures for the award of public works contracts, public supply contracts and public service contracts — Links between tenderers having submitted separate tenders in the same procedure — Obligations of the tenderers, of the contracting authority and of the national court
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-566/16 Vámos v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Articles 282 to 292 — Special scheme for small enterprises — Exemption scheme — Obligation to opt for the application of the special scheme in the reference calendar year
Request for a preliminary ruling from the Nyíregyházi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-642/16 Junek Europ-Vertrieb v Lohmann & Rauscher International
Reference for a preliminary ruling — Intellectual property — Trade mark law — Regulation (EC) No 207/2009 — Article 13 — Exhaustion of the rights conferred by a trade mark — Parallel imports — Repackaging of the product bearing the mark — New labelling — Conditions applicable to medical devices
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-30/17 Dyrektor Izby Celnej w Poznaniu v Kompania Piwowarska
Reference for a preliminary ruling — Tax provisions — Excise duties — Directive 92/83/EEC — Article 3(1) — Alcohol and alcoholic beverages — Beer — Flavoured beer — Degree Plato — Method of calculation
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-229/17 Evonik Degussa v Bundesrepublik Deutschland
Reference for a preliminary ruling — Environment — Scheme for greenhouse gas emission allowance trading within the European Union — Free allocation — Directive 2003/87/EC — Article 10a — Annex I — Decision 2011/278/EU — Annex I, Part 2 — Determination of product benchmarks — Production of hydrogen — System boundaries of the product benchmark for hydrogen — Process element of separation of hydrogen in a rich gas stream which already contains hydrogen
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C-426/16 Liga van Moskeeën en Islamitische Organisaties Provincie Antwerpen and Others v Vlaams Gewest
Reference for a preliminary ruling — Protection of animals at the time of killing — Particular methods of slaughter prescribed by religious rites — Muslim Feast of Sacrifice — Regulation (EC) No 1099/2009 — Article 2(k) — Article 4(4) — Obligation for ritual slaughtering without stunning to be carried out in approved slaughterhouses which satisfy the requirements of Regulation (EC) No 835/2004 — Validity — Charter of Fundamental Rights of the European Union — Article 10 — Freedom of religion — Article 13 TFEU — Respect for national customs with regard to religious rites
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel
Language of the case: Dutch
Case C-85/16 P Tsujimoto v EUIPO
Appeal — EU trade mark — Applications for registration of the word mark KENZO ESTATE — Earlier EU word mark KENZO — Regulation (EC) No 207/2009 — Article 8(5) — Relative ground for refusal of registration — Reputation — Due cause
Language of the case: English
Case C-370/16 Dell'Acqua v Eurocom and Regione Lombardia
Reference for a preliminary ruling — Privileges and immunities of the European Union — Protocol No 7 — Article 1 — Whether or not prior authorisation from the Court is necessary — Structural Funds — EU financial assistance — Attachment proceedings against a national authority to attach sums deriving from that assistance
Request for a preliminary ruling from the Tribunale di Novara
Language of the case: Italian
Case C-517/16 Czerwiński v Zakład Ubezpieczeń Społecznych Oddział
Reference for a preliminary ruling — Social security for migrant workers — Coordination of social security systems — Regulation (EC) No 883/2004 — Material scope — Article 3 — Declaration made by Member States under Article 9 — Bridging pension — Classification — Statutory pre-retirement schemes — Exclusion of the rule of aggregation of periods under Article 66
Request for a preliminary ruling from the Sąd Apelacyjny w Gdańsku III Wydział Pracy i Ubezpieczeń Społecznych
Language of the case: Polish
Case C-390/17 P Azoulay and Others v Parliament
Appeal — Civil service — Remuneration — Family allowances — Education allowance — Refusal to reimburse education costs — Article 3(1) of Annex VII to the Staff Regulations of officials of the European Union
Language of the case: French
Joined Cases C-259/16 and C-260/16 Confetra and Others v Autorità per le Garanzie nelle Comunicazioni and Ministero dello Sviluppo Economico
Reference for a preliminary ruling — Postal services in the European Union — Directive 97/67/EC — Articles 2, 7 and 9 — Directive 2008/6/EC — Definition of ‘postal service provider’ — Haulage, freight-forwarding and express mail undertakings providing services involving the clearance, sorting, transport and distribution of postal items — Authorisation required for the provision of postal services to the public — Contribution to the costs of providing universal service
References for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-382/16 Hornbach-Baumarkt v Finanzamt Landau
Reference for a preliminary ruling — Freedom of establishment — Corporation tax — Legislation of a Member State — Calculation of the taxable revenue of companies — Advantage granted gratuitously by a resident company to a non-resident company to which is it linked by a relationship of interdependence — Correction of the taxable income of the resident company — No correction of taxable income in the event of an identical advantage granted by a resident company to another resident company to which it is linked by such a relationship — Restriction on the freedom of establishment — Justification
Request for a preliminary ruling from the Finanzgericht Rheinland-Pfalz
Language of the case: German
Case C-483/16 Sziber v ERSTE Bank Hungary
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-542/16 Länsförsäkringar Sak Försäkringsaktiebolag and Others v Dödsboet efter Ingvar Mattsson and Länsförsäkringar Sak Försäkringsaktiebolag
Reference for a preliminary ruling — Directive 2002/92/EC — Scope — Concept of insurance mediation — Directive 2004/39/EC — Scope — Concept of ‘investment advice’ — Advice given in insurance mediation concerning the placement of capital in the context of capital life assurance — Classification of the activity of an insurance agent in the absence of his intention to conclude a genuine insurance contract
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
Case C-633/16 Ernst & Young v Konkurrencerådet
Reference for a preliminary ruling — Control of concentrations of undertakings — Regulation (EC) No 139/2004 — Article 7(1) — Implementation of a concentration prior to notification to the European Commission and declaration of compatibility with the common market — Prohibition — Scope — Concept of ‘concentration’ — Termination of a cooperation agreement with a third party by one of the merging undertakings
Request for a preliminary ruling from the Sø- og Handelsretten
Language of the case: Danish
Case C-647/16 Hassan v Préfet du Pas-de-Calais
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for the examination of an application for international protection lodged in a Member State by a third-country national — Procedures for taking charge and taking back — Article 26(1) — Adoption and notification of the transfer decision before the acceptance of the take back request by the requested Member State
Request for a preliminary ruling from the Tribunal administratif de Lille
Language of the case: French
Joined Cases C-660/16 and C-661/16 Finanzamt Dachau v Kollroß and Finanzamt Göppingen v Wirtl
References for a preliminary ruling — Taxation — Common system of value added tax (VAT) — Directive 2006/112/EC — Supply of goods — Article 65 — Article 167 — Payment on account for the purchase of an item not followed by delivery of that item — Supplier’s legal representatives convicted of fraud — Insolvency of the supplier — Deduction of input tax — Conditions — Articles 185 and 186 — Adjustment by the national tax authorities — Conditions
References for a preliminary ruling from the the Bundesfinanzhof
Language of the case: German
Case C-190/17 Zheng v Ministerio de Economía y Competitividad
Reference for a preliminary ruling — Controls of cash entering or leaving the European Union — Regulation (EC) No 1889/2005 — Scope — Article 63 TFEU — Free movement of capital — Third-country national transporting a significant amount of undeclared cash in his luggage — Obligation to declare the sum being taken out of Spanish territory — Penalties — Proportionality
Request for a preliminary ruling from the Tribunal Superior de Justicia de Madrid
Language of the case: Spanish
Case C-306/17 Nothartová v Boldizsár
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Jurisdiction — Special jurisdiction — Article 8(3) — Counterclaim arising or not arising from the same contract or facts on which the original claim was based
Request for a preliminary ruling from the Tatabányai Törvényszék
Language of the case: Hungarian
Case C-335/17 Valcheva v Babanarakis
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 2201/2003 — Scope — Concept of ‘rights of access’ — Article 1(2)(a) and Article 2.7 and 2.10 — Rights of access of grandparents
Request for a preliminary ruling from the Varhoven kasatsionen sad
Language of the case: Bulgarian
Case C-537/17 Wegener v Royal Air Maroc
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 3(1) — Scope — Definition of ‘connecting flight’ — Flight departing from an airport situated in the territory of a Member State, including a transfer at an airport situated in the territory of a third State and destined for another airport of that third State
Request for a preliminary ruling from the Landgericht Berlin
Language of the case: German
Information (on unpublished decisions)
Case C-402/17 P JYSK v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Refusal to grant a financial contribution from the European Regional Development Fund (ERDF) to the major project ‘European Shared Services Centre’ — Action for annulment — Undertaking responsible for project implementation — Conditions of admissibility — Lack of direct concern
Case C-684/17 P Banca Monte dei Paschi di Siena and Banca Widiba v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word mark WIDIBA — Rejection of the application for registration
Case C-685/17 P Banca Monte dei Paschi di Siena and Banca Widiba v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the figurative mark including the word element ‘widiba’ — Rejection of the application for registration
Case C-12/18 P(I) United States v Apple Sales International and Others
Appeal — Intervention — Third country — State aid — Aid implemented by Ireland in favour of Apple — Advance tax agreement (tax ruling) — Selective tax advantages — Action for annulment — Interest in the result of the case
Case C-565/17 P(R) BASF Grenzach v ECHA
Appeal — Order for interim measures — Decision of the Board of Appeal of the European Chemicals Agency (ECHA) relating to the substance evaluation of triclosan — Suspension of operation — Urgency — Intervention — No direct, existing interest
Case C-481/17 Yanchev v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika Veliko Tarnovo pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Aid scheme authorised by the European Commission — Investment aid in the agricultural sector — Tax exemption — Tax relief on corporation tax — Conditions — Refusal to grant individual aid under that aid scheme
Joined Cases C-519/17 P and C-522/17 P to C-525/17 P L'Oréal v EUIPO
Appeal — EU trade mark — Opposition proceedings — Applications for registration of the word marks MASTER PRECISE, MASTER SMOKY, MASTER SHAPE, MASTER DUO and MASTER DRAMA — Earlier national figurative mark MASTERS COLORS PARIS — Rejection of the applications for registration — Inadequate statement of reasons — To be considered of the Court’s own motion
Case C-190/18 SNCB v Rusu
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Insufficient information as to the factual and regulatory context of the dispute in the main proceedings and lack of grounds justifying the need for an answer to the questions referred — Manifest inadmissibility
Case C-526/16 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 2011/92/EU — Assessment of the effects on the environment of drilling to locate or search for shale gas — Deep drillings — Selection criteria — Determination of thresholds
Case C-251/17 Commission v Italy
Failure of a Member State to fulfil obligations — Collection and treatment of urban waste water — Directive 91/271/EEC — Articles 3, 4 and 10 — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Financial penalties — Fine and lump sum
Case C-655/17 P Berliner Stadtwerke v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the word mark berlinWärme — Rejection of the application for registration
Case C-656/17 P Berliner Stadtwerke v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the word mark berlinGas — Rejection of the application for registration
Case C-24/18 Bán v KP 2000 and Kovács
Reference for a preliminary ruling — Fundamental freedoms — Articles 49 and 63 TFEU — Purely internal situation — Insufficient information regarding the factual and legal context of the case in the main proceedings — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Manifest inadmissibility
Case C-62/18 P Merck v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Revocation proceedings — Word mark FEMIBION — Partial rejection of the application for revocation
June 2018
Case C-612/15 Criminal proceedings against Kolev and Others
Reference for a preliminary ruling — Article 325 TFEU — Fraud or any other illegal activities affecting the financial interests of the European Union in customs matters — Effectiveness of prosecution — Closure of criminal proceedings — Reasonable time — Directive 2012/13/EU — Right of a person to be informed of the charges against him — Right of access to case materials — Directive 2013/48/EU — Right of access to a lawyer
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-210/16 Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein v Wirtschaftsakademie Schleswig-Holstein
Reference for a preliminary ruling — Directive 95/46/EC — Personal data — Protection of natural persons with respect to the processing of that data — Order to deactivate a Facebook page (fan page) enabling the collection and processing of certain data of visitors to that page — Article 2(d) — Controller responsible for the processing of personal data — Article 4 — Applicable national law — Article 28 — National supervisory authorities — Powers of intervention of those authorities
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-574/16 Grupo Norte Facility v Moreira Gómez
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Definition of ‘employment conditions’ — Comparability of situations — Justification — Definition of ‘objective grounds’ — Compensation in the event of termination of a permanent employment contract on objective grounds — Lesser amount of compensation paid on expiry of a fixed-term ‘relief’ employment contract
Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
Case C-673/16 Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne
Reference for a preliminary ruling — Citizenship of the Union — Article 21 TFEU — Right of Union citizens to move and reside freely in the territory of the Member States — Directive 2004/38/EC — Article 3 — Beneficiaries — Family members of the Union citizen — Article 2(2)(a) — Definition of ‘spouse’ — Marriage between persons of the same sex — Article 7 — Right of residence for more than three months — Fundamental rights
Request for a preliminary ruling from the Curtea Constituţională a României
Language of the case: Romanian
Case C-677/16 Montero Mateos v Atención Social de la Consejería de Políticas Sociales y Familia
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Definition of ‘employment conditions’ — Comparability of situations — Justification — Definition of ‘objective grounds’ — Compensation in the event of termination of an employment contract of indefinite duration on objective grounds — No compensation on expiry of a fixed-term ‘interinidad’ contract
Request for a preliminary ruling from the Juzgado de lo Social de Madrid
Language of the case: Spanish
Case C-667/16 Nooren v Staatssecretaris van Economische Zaken
Reference for a preliminary ruling — Common agricultural policy — EAFRD financing — Regulation (EC) No 1122/2009 — Support for rural development — Non-compliance with cross-compliance rules — Reductions and exclusions — Aggregation of reductions
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
Case C-49/17 Koppers Denmark v Skatteministeriet
Reference for a preliminary ruling — Directive 2003/96/EC — Taxation of energy products and electricity — Article 21(3) — Chargeable event giving rise to taxation — Consumption of energy products produced within the curtilage of an establishment producing energy products — Energy products used for purposes other than as motor fuels or as heating fuels — Consumption of solvent as fuel at the coal tar distillation plant
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-250/17 Tarragó da Silveira v Massa Insolvente da Espírito Santo Financial Group
Reference for a preliminary ruling — Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 15 — Effects of insolvency proceedings on lawsuits pending concerning an asset or a right of which the debtor has been divested — Concept of ‘lawsuit pending’ — Substantive proceedings for the recognition of the existence of a debt
Request for a preliminary ruling from the Supremo Tribunal de Justiça
Language of the case: Portuguese
Case C-554/16 EP Agrarhandel v Bundesminister für Land-, Forst-, Umwelt und Wasserwirtschaft
Reference for a preliminary ruling — Common agricultural policy — Regulation (EC) No 73/2009 — Support for farmers — Suckler-cow premium — Second paragraph of Article 117 — Transmission of information — Decision 2001/672/EC, as amended by Decision 2010/300/EU — Movements of bovine animals to summer grazing in mountain areas — Article 2(4) — Time limit for notification of the movement — Calculation — Notifications out of time — Eligibility for the payment of premiums — Condition — Taking account of the time limit for dispatch
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-589/16 Filippi and Others v Landespolizeidirektion Oberösterreich and Others
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Lack of sufficient information concerning the factual and regulatory background to the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling — Manifest inadmissibility
Request for a preliminary ruling from the Landesverwaltungsgericht Oberösterreich
Language of the case: German
Case C-671/16 Inter-Environnement Bruxelles and Others v Région de Bruxelles-Capitale
Reference for a preliminary ruling — Environment — Directive 2001/42/EC — Article 2(a) — Concept of ‘plans and programmes’ — Article 3 — Assessment of the effects of certain plans and programmes on the environment — Regional town planning regulations relating to the European Quarter, Brussels (Belgium)
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
Case C-44/17 Scotch Whisky Association v Klotz
Reference for a preliminary ruling — Protection of geographical indications of spirit drinks — Regulation (EC) No 110/2008 — Article 16(a) to (c) — Annex III –– Registered geographical indication ‘Scotch Whisky’ — Whisky produced in Germany and marketed under the designation ‘Glen Buchenbach’
Request for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
Case C-83/17 KP v LO
Reference for a preliminary ruling — Judicial cooperation in civil matters — 2007 Hague Protocol — Law applicable to maintenance obligations — Article 4(2) — Change in the habitual residence of the creditor — Possibility of the retroactive application of the law of the State of the creditor’s new habitual residence, that law coinciding with the law of the forum — Scope of the terms ‘if the creditor is unable … to obtain maintenance from the debtor’ — Situation where the creditor does not satisfy a formal legislative condition
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-160/17 Thybaut and Others v Région wallonne
Reference for a preliminary ruling — Environment — Directive 2001/42/EC — Article 2(a) — Concept of ‘plans and programmes’ — Article 3 — Assessment of the effects of certain plans and programmes on the environment — Urban land consolidation area — Possibility of derogating from town planning requirements — Modification of the ‘plans and programmes’
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
Case C-463/17 P Ori Martin v Court of Justice of the European Union
Appeal — Action for damages — Inadequate reasoning in a judgment of the Court of Justice in appeal proceedings — Distortion of the nature of a claim for damages
Language of the case: Italian
Case C-163/16 Louboutin and Christian Louboutin v van Haren Schoenen
Reference for a preliminary ruling — Trade marks — Absolute grounds for refusal or invalidity — Sign consisting exclusively of the shape of the product — Concept of ‘shape’ — Colour — Position on a part of the product — Directive 2008/95/EC — Article 2 — Article 3(1)(e)(iii)
Request for a preliminary ruling from Rechtbank Den Haag
Language of the case: Dutch
Case C-650/16 Bevola and Jens W. Trock v Skatteministeriet
Reference for a preliminary ruling — Article 49 TFEU — Corporation tax — Freedom of establishment — Resident company — Taxable profits — Tax relief — Deduction of losses incurred by resident permanent establishments — Authorised — Deduction of losses incurred by non-resident permanent establishments — Excluded — Exception — Optional scheme of international joint taxation
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Cases C-65/18 P(R) and C-65/18 P(R)-R Nexans France and Nexans v Commission
Appeal — Application for interim measures — Competition — European market for power cables — Decision of the European Commission finding an infringement of Article 101 TFEU — Publication — Partial rejection of the request for confidential treatment of certain information appearing in the decision — Suspension of operation of a measure — Connection between the condition of a prima facie case and that of urgency
Language of the case: English
Case C-530/16 Commission v Poland
Failure of a Member State to fulfil obligations — Railway safety — Directive 2004/49/EC — Failure to adopt to provisions necessary to ensure the independence of the investigating body
Language of the case: Polish
Case C-665/16 Minister Finansów v Gmina Wrocław
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(a) — Supply of goods for consideration — Article 14(1) — Transfer of the right to dispose of tangible property as owner — Article 14(2)(a) — Transfer of the ownership of property belonging to a municipality to the Public Treasury in return for the payment of compensation for the purposes of the construction of a national road — Concept of ‘compensation’ — Transaction subject to VAT
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-683/16 Deutscher Naturschutzring v Bundesrepublik Deutschland
Reference for a preliminary ruling — Common Fisheries Policy — Regulation (EU) No 1380/2013 — Article 11 — Conservation of marine biological resources — Protection of the environment — Conservation of natural habitats and of wild fauna and flora — Exclusive competence of the European Union
Request for a preliminary ruling from the Verwaltungsgericht Köln
Language of the case: German
Case C-421/17 Szef Krajowej Administracji Skarbowej v Polfarmex
Reference for a preliminary ruling — Taxation — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(a) — Scope — Taxable transactions — Supply of goods for consideration — Transfer by a public limited company of a building to a shareholder as the counterpart to the buy-back of its shares
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-39/17 Lubrizol France v RSI
Reference for a preliminary ruling — Free movement of goods — Articles 28 and 30 TFEU — Charges having equivalent effect — Article 110 TFEU — Internal taxation — Social solidarity contribution payable by companies — Charge — Basis of assessment — Companies’ overall annual turnover — Directive 2006/112/EC — Article 17 — Transfer of goods to another Member State — Value of the goods transferred — Inclusion in the overall annual turnover
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C-169/17 Asociación Nacional de Productores de Ganado Porcino v Administración del Estado
Reference for a preliminary ruling — Articles 34 and 35 TFEU — Free movement of goods — Quantitative restrictions — Measures having equivalent effect — Protection of pigs — Products processed or marketed in Spain — Quality standards for meat, ham, shoulder ham and loin derived from Iberian pigs — Conditions for using the ‘de cebo’ designation — Improvement of the quality of products — Directive 2008/120/EC — Scope
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-15/16 Bundesanstalt für Finanzdienstleistungsaufsicht v Baumeister
Reference for a preliminary ruling — Approximation of laws — Directive 2004/39/EC — Article 54(1) — Scope of the obligation of professional secrecy on national financial supervision authorities — Concept of ‘confidential information’
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-181/16 Gnandi v État belge
Reference for a preliminary ruling — Area of freedom, security and justice — Return of illegally staying third-country nationals — Directive 2008/115/EC — Article 3(2) — Concept of ‘illegal stay’ — Article 6 — Adoption of a return decision before resolution of an appeal against the decision of the determining authority rejecting the application for international protection — Charter of Fundamental Rights of the European Union — Article 18, Article 19(2) and Article 47 — Principle of non-refoulement — Right to an effective remedy — Authorisation to remain in a Member State
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-108/17 Enteco Baltic v Muitinės departamentas prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 143(1)(d) and Article 143(2) — Exemptions from VAT on importation — Importation followed by an intra-Community supply — Conditions — Evidence of dispatch or transport of the goods to another Member State — Transport under an excise duty suspension arrangement — Transfer to the purchaser of the right to dispose of goods as owner — Tax evasion — No obligation of the competent authority to help the taxable person collect the necessary information to show that the conditions for exemption are satisfied
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
Case C-557/15 Commission v Malta
Failure of a Member State to fulfil obligations — Directive 2009/147/EC — Conservation of wild birds — Live-capturing and keeping — Species belonging to the finch family — Prohibition — National derogation regime — Member States’ power of derogation — Conditions
Language of the case: English
Case C-5/16 Poland v Parliament and Council
Action for annulment — Decision (EU) 2015/1814 — Determination of legal basis — No taking into account of the effects of a measure — Article 192(1) TFEU — Article 192(2)(c) TFEU — Measures significantly affecting a Member State’s choice between different energy sources and the general structure of its energy supply — Principle of sincere cooperation — Article 15 TEU — Powers of the European Council — Principles of legal certainty and protection of legitimate expectations — Principle of proportionality — Impact assessment
Language of the case: Polish
Case C-480/16 Fidelity Funds and Others v Skatteministeriet
Reference for a preliminary ruling — Free movement of capital and liberalisation of payments — Restrictions — Taxation of dividends paid to undertakings for collective investment in transferable securities (UCITS) — Dividends paid by companies resident in one Member State to non-resident UCITS — Tax exemption for dividends paid by companies resident in one Member State to resident UCITS — Justifications — Balanced allocation between Member States of the power to impose taxes — Coherence of the tax system — Proportionality
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-681/16 Pfizer Ireland Pharmaceuticals, Operations Support Group v Orifarm
Reference for a preliminary ruling — Intellectual and industrial property — Patent law — Acts of Accession to the European Union of 2003, 2005 and 2012 — Specific Mechanism — Whether applicable to parallel imports — Regulation (EC) No 469/2009 — Product protected by a supplementary protection certificate in a Member State and marketed by the holder of the basic patent in another Member State — Exhaustion of intellectual and industrial property rights — No basic patent in the new Member States — Regulation (EC) No 1901/2006 — Extension of the protection period
Request for a preliminary ruling from the Landgericht Düsseldorf
Language of the case: German
Case C-1/17 Petronas Lubricants Italy v Guida
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Jurisdiction over individual contracts of employment — Article 20(2) — Employer sued before the courts of the Member State in which it is domiciled — Counter-claim by the employer — Determination of the court with jurisdiction)
Request for a preliminary ruling from the Corte d'appello di Torino
Language of the case: Italian
Case C-20/17 Proceedings brought by Oberle
Request for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 650/2012 — Article 4 — General jurisdiction of a court of a Member State to rule on the succession as a whole — National legislation governing international jurisdiction to issue national certificates of succession — European Certificate of Succession
Request for a preliminary ruling from the Kammergericht Berlin
Language of the case: German
Case C-451/16 MB v Secretary of State for Work and Pensions (Change of gender and retirement pension)
Reference for a preliminary ruling — Directive 79/7/EEC — Equal treatment for men and women in matters of social security — National State pension scheme — Conditions for recognition of change of gender — National legislation under which such recognition is subject to the annulment of any marriage entered into before that change of gender — Refusal to grant a person who has changed gender a State retirement pension as from the pensionable age for persons of the gender acquired — Direct discrimination on grounds of sex
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
Case C-90/17 Turbogás v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Directive 2003/96/EC — Taxation of energy products and electricity — Third subparagraph of Article 21(5) — Entity producing electricity for its own use — Small producers of electricity — Article 14(1)(a) — Energy products used for the production of electricity — Obligation to exempt
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
Case C-230/17 Altiner and Ravn v Udlændingestyrelsen
Reference for a preliminary ruling — Citizenship of the Union — Article 21(1) TFEU — Directive 2004/38/EC — Right to move and reside freely within the territory of the Member States — Right of residence of a third-country national who is a family member of a Union citizen in the Member State of which that citizen is a national — Entry by that family member into the territory of the Member State in question subsequent to the return of the Union citizen to that Member State
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-246/17 Diallo v État belge
Reference for a preliminary ruling — Citizens of the European Union — Directive 2004/38/EC — Article 10(1) — Application for a residence card as a family member — Issuance — Time limit — Adoption and notification of the decision — Consequences of non-compliance with the period — Procedural autonomy of Member States — Principle of effectiveness
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
Case C-364/17 Varna Holideis v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Supply of immovable property effected prior to the accession of the Republic of Bulgaria to the European Union — Nullity of the contract of sale coming to light after the accession — Obligation to adjust the initial deduction — Interpretation — Jurisdiction of the Court
Request for a preliminary ruling from the Administrativen sad – Varna
Language of the case: Bulgarian
Joined Cases C-459/17 and C-460/17 SGI and Valériane v Ministre de l'Action et des Comptes publics
References for a preliminary ruling — Common system of value added tax (VAT) — Right to deduct input tax — Material conditions governing the right to deduct — Actual delivery of the goods
References for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-203/16 P Andres (nsolvency of Heitkamp BauHolding) v Commission
Appeal — State aid — German tax legislation concerning the possibility of carrying certain losses forward to future tax years (‘restructuring clause’) — Decision declaring the aid scheme incompatible with the internal market — Actions for annulment — Admissibility — Article 263, fourth paragraph, TFEU — Person individually concerned — Article 107(1) TFEU — Concept of ‘State aid’ — Condition relating to selectivity — Determination of the reference framework — Legal classification of the facts
Language of the case: German
Case C-564/16 P EUIPO v Puma
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 8(5) — Article 76 — Opposition proceedings — Relative grounds for refusal — Regulation (EC) No 2868/95 — Rule 19 — Rule 50(1) — Earlier decisions of the European Union Intellectual Property Office (EUIPO) recognising the reputation of the earlier trade mark — Principle of sound administration — Taking account of those decisions in subsequent opposition proceedings — Obligation to state reasons — Procedural obligations of the Boards of Appeal of EUIPO
Language of the case: English
Case C-635/16 P Spliethoff's Bevrachtingskantoor v Commission
Appeal — Actions for annulment — Admissibility — Determination of the subject-matter of the proceedings — Financial assistance in the field of Connecting Europe Facility (CEF) — Transport sector for the period 2014-2020 — Call for proposals — Innovation and Networks Executive Agency (INEA) — Email informing the appellant of the rejection of its proposal — Subsequent decision of the European Commission establishing the list of selected proposals — Effective judicial protection
Language of the case: English
Case C-2/17 Instituto Nacional de la Seguridad Social v Crespo Rey
Reference for a preliminary ruling — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Social security for migrant workers — Regulation (EC) No 883/2004 — Paragraph 2 of the section ‘Spain’ in Annex XI — Retirement pension — Method of calculation — Theoretical amount — Relevant contribution basis — Special agreement — Choice of contribution basis — National legislation requiring the worker to make contributions in accordance with the minimum contribution basis
Request for a preliminary ruling from Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
Case C-57/17 Checa Honrado v Fondo de Garantía Salarial
Reference for a preliminary ruling — Social policy — Protection of employees in the event of the insolvency of their employer — Directive 2008/94/EC — Article 3, first paragraph — Payment guaranteed by the guarantee institution — Severance pay on termination of employment relationships — Transfer of workplace obliging the worker to change residence — Change to a fundamental element of the contract of employment — Termination of the contract of employment by the worker — Principle of equality and non-discrimination
Request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Valenciana
Language of the case: Spanish
Case C-512/17 Proceedings brought by HR
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of judgments in matrimonial matters and in the matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 8(1) — Place of habitual residence of the child — Infant — Decisive circumstances for establishing that place of habitual residence
Request for a preliminary ruling from the Sąd Rejonowy Poznań - Stare Miasto w Poznaniu
Language of the case: Polish
Information (on unpublished decisions)
Case C-674/16 P Guccio Gucci v EUIPO
Removal from the Register
Case C-675/16 P Guccio Gucci v EUIPO
Removal from the Register
Case C-6/17 P ANKO v Commission
Appeal — Arbitration clauses — Perform and Oasis contracts concluded in the context of the Seventh framework programme for research, technological development and demonstration activities (2007-2013) — Eligible costs — Reimbursement of sums paid — Counter-claim
Case C-7/17 P ANKO v Commission
Appeal — Arbitration clauses — Persona and Terregov contracts concluded in the context of the Sixth framework programme for research, technological development and demonstration activities (2002-2006) — Eligible costs — Reimbursement of sums paid — Counter-claim
Case C-363/17 P Equipolymers and Others v Council
Appeal — Dumping — Imports of certain polyethylene terephthalate originating in India, Thailand and Taiwan — Implementing Decision 2013/226/EU — Decision to terminate the expiry review proceeding without imposing a definitive anti-dumping duty — Non-contractual liability — Causal link — Obligation to state reasons
Case C-671/17 P Gaki v Europol
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for annulment — Application made to the Joint Supervisory Body of Europol regarding the issuing of a European arrest warrant and the entry of data into the Schengen Information System — Lack of jurisdiction of the Joint Supervisory Body
Case C-73/18 P Cotécnica v EUIPO
Appeal — Article 181 of the Rules of Procedure of the General Court — Regulation (EC) No 207/2009 — EU trade mark — Application for registration of the figurative mark containing the word elements ‘cotecnica’ and ‘optima’ — Grounds for refusing enforcement — Article 8(1)(b) — Dominant character of an element of a complex mark which is weakly distinctive and laudatory — Likelihood of confusion
Case C-241/18 easyJet Airline v Regione Campania
Reference for a preliminary ruling — Articles 53(2) and 94 of the Rules of Procedure of the Court of Justice — Insufficient information regarding the factual and legal context of the dispute in the main proceedings and lack of grounds justifying why an answer to the questions referred is necessary — Manifest inadmissibility
Case C-223/17 P Lubrizol France v Council
Appeal — Common Customs Tariff — Autonomous customs duties on certain agricultural and industrial products — Applications for tariff suspensions — Regulation (EU) No 1344/2011 — Tariff suspensions granted — Objection — Regulation (EU) No 1387/2013 — Termination of the suspensions at issue — Comparable products available in sufficient quantities on the Union market
Case C-440/17 GS v Bundeszentralamt für Steuern
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Direct taxation — Freedom of establishment — Directive 2011/96/EU — Article 1(2) — Parent company — Holding company — Withholding tax on profits distributed to a non-resident parent holding company — Exemption — Tax evasion, avoidance or abuse — Presumption
Case C-458/17 P Makhlouf v Council
Appeal — Common foreign and security policy — Restrictive measures taken against the Syrian Arab Republic — Measures directed against influential businessmen and women engaged in activities in Syria and against influential members of the Assad and Makhlouf families — Rights of defence — Proof that inclusion on the lists is well founded
Case C-35/18 P Carrera Brands v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Revocation proceedings — Word mark Carrera — Declaration of revocation in part
Case C-714/17 P Karp v Parliament
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Civil service — Act having an adverse effect — Accredited parliamentary assistant — Member of the contract staff — Recruitment — Classification in grade
Case C-543/16 Commission v Germany
Failure of a Member State to fulfil obligations — Directive 91/676/EEC — Article 5(5) and (7) — Annex II, A, points 1 to 3 and 5 — Annex III(1), points 1 to 3, and (2) — Protection of waters against pollution caused by nitrates from agricultural sources — Inadequacy of measures in force — Supplemental or enhanced measures — Review of the action programme — Limitation of land application — Balanced fertilisation — Periods of land application — Capacity of tanks for storing manure — Land application on steeply-sloping surfaces and on frozen or snow-covered land
Case C-166/18 Idroenergia v Agenzia delle dogane e dei Monopoli
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court — Lack of sufficient information concerning the factual and regulatory context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred — Manifest inadmissibility
Case C-325/17 P Windrush Aka v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Revocation proceedings — Word mark The Specials — Genuine use — Consent of the proprietor of the trade mark
Case C-130/18 flightright v Eurowings
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Air transport — Regulation (EC) No 261/2004 — Article 5(1)(c) — Right to compensation in the event of flight cancellation — Re-routing not allowing a passenger to reach his final destination less than two hours after the scheduled time of arrival of the cancelled flight — Delay of between two and three hours
Case C-208/16 P Germany v Commission
Appeal — State aid — German tax legislation concerning the possibility of carrying certain losses forward to future tax years (‘restructuring clause’) — Decision declaring the aid scheme incompatible with the internal market — Actions for annulment — Admissibility — Article 263, fourth paragraph, TFEU — Person individually concerned — Article 107(1) TFEU — Concept of ‘State aid’ — Condition relating to selectivity — Determination of the reference framework — Legal classification of the facts
Case C-209/16 P Germany v Commission
Appeal — State aid — German tax legislation concerning the possibility of carrying certain losses forward to future tax years (‘restructuring clause’) — Decision declaring the aid scheme incompatible with the internal market — Action for annulment — Admissibility — Article 263, fourth paragraph, TFEU — Person individually concerned — Article 107(1) TFEU — Concept of ‘State aid’ — Condition relating to selectivity — Determination of the reference framework — Legal classification of the facts
Case C-219/16 P Lowell Financial Services v Commission
Appeal — State aid — German tax legislation concerning the possibility of carrying certain losses forward to future tax years (‘restructuring clause’) — Decision declaring the aid scheme incompatible with the internal market — Action for annulment — Admissibility — Article 263, fourth paragraph, TFEU — Person individually concerned — Article 107(1) TFEU — Concept of ‘State aid’ — Condition relating to selectivity — Determination of the reference framework — Legal classification of the facts
Case C-118/18 P Hochmann Marketing v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Revocation proceedings — Word mark bittorrent — Declaration of revocation
July 2018
Case C-626/16 Commission v Slovakia
Failure of a Member State to fulfil obligations — Environment — Landfill of waste — Directive 1999/31/EC — Existing landfill sites — Article 14 — Definite decision on whether or not operations may continue — Article 13 — Closure procedures — Judgment of the Court declaring a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Pecuniary penalties — Penalty payment and lump sum
Language of the case: Slovak
Case C-28/17 NN v Skatteministeriet
Reference for a preliminary ruling — Article 49 TFEU — Corporation tax — National tax legislation making the transfer of the losses sustained by a permanent establishment, situated on national territory, of a company established in another Member State, to a resident company belonging to the same group, subject to a condition as to the impossibility of using such losses for the purpose of a foreign tax
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-532/17 Wirth and Others v Thomson Airways
Reference for a preliminary ruling — Transport — Regulation (EC) No 261/2004 — Article 2(b) — Scope — Concept of ‘operating air carrier’ — Lease of aircraft including crew (‘wet lease’)
Request for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
Case C-390/16 Criminal proceedings against Lada
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2008/675/JHA — Taking account in new criminal proceedings of a previous conviction in another Member State — Special procedure for recognition of a conviction in another Member State — Review and legal reclassification of the earlier decision — Principle of mutual recognition — Article 82(1) TFEU
Request for a preliminary ruling from the Szombathelyi Törvényszék
Language of the case: Hungarian
Case C-544/16 Marcandi v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(c) — Issuing of ‘credits’ that can be used to place bids in online auctions — Supply of services for consideration — Preliminary transaction — Article 73 — Taxable amount
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Case C-27/17 flyLAL-Lithuanian Airlines v Starptautiskā lidosta ‘Rīga’ and Air Baltic Corporation
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Special jurisdiction — Article 5(3) — Tort, delict or quasi-delict — Place where the harmful event occurred — Place where the damage occurred and place of the event giving rise to the damage — Claim for compensation for damage allegedly caused by anticompetitive conduct committed in various Member States — Article 5(5) — Operations of a branch — Meaning
Request for a preliminary ruling from the Lietuvos apeliacinis teismas
Language of the case: Lithuanian
Case C-43/17 P Jenkinson v Council and Others
Appeal — Arbitration clause — Staff of international missions of the European Union — Jurisdiction to rule on disputes concerning employment contracts — Consecutive fixed-term contracts — Arbitration clauses conferring jurisdiction, in the final contract, on the Courts of the European Union, and, in the previous contracts, on the Brussels (Belgium) courts — Decision not to renew the final contract — Claim that all the contractual relationships should be recategorised as a ‘contract of indefinite duration’ — Claims for compensation for unfair dismissal — Contractual relationships prior to the final contract to be taken into account — Jurisdiction of the General Court of the European Union
Language of the case: French
Case C-213/17 X v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determining the Member State responsible for examining an application for international protection made in one of the Member States by a third-country national — Articles 17, 18, 23 and 24 — Prior international protection procedure ongoing in one Member State — New application in another Member State — Take back request not made within the prescribed periods — Surrender of the person concerned for criminal prosecution
Request for a preliminary ruling from the Rechtbank Den Haag, sitting in Amsterdam
Language of the case: Dutch
Case C-217/17 P Mast-Jägermeister v EUIPO
Appeal — Community design — Application for registration of designs representing beakers — Regulation (EC) No 6/2002 — Article 36(1)(c) — Graphic representation — Articles 45 and 46 — Attribution of a date of filing — Conditions — Regulation (EC) No 2245/2002 — Article 4(1)(e) and Article 10(1) and (2)
Language of the case: German
Case C-320/17 Marle Participations v Ministre de l'Économie et des Finances
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Articles 2, 9 and 168 — Economic activity — Direct or indirect involvement of a holding company in the management of its subsidiaries — Letting of a building by a holding company to its subsidiary — Deduction of input tax — VAT paid by a holding company on expenditure incurred in acquiring shares in other companies
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-339/17 Verein für lauteren Wettbewerb v Princesport
Reference for a preliminary ruling — Textile fibre names and related labelling and marking requirements — Regulation (EU) No 1007/2011 — Articles 7 and 9 — Pure textile products — Multi-fibre textile products — Labelling or marking methods
Request for a preliminary ruling from the Landgericht Köln
Language of the case: German
Case C-269/18 PPU Staatssecretaris van Veiligheid en Justitie v C and J and S v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Article 99 of the Rules of Procedure of the Court of Justice — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Article 46(6) and (8) — Manifestly unfounded application for international protection — Right to an effective remedy — Authorisation to remain in the territory of a Member State — Directive 2008/115/EC — Articles 2, 3 and 15 — Illegal stay — Detention
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-25/17 Proceedings brought by Tietosuojavaltuutettu
Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Directive 95/46/EC — Scope of the directive — Article 3 — Data collected and processed by the members of a religious community in the course of their door-to-door preaching — Article 2(c) — Definition of a ‘personal data filing system’ — Article 2(d) — Definition of a ‘controller’ of the processing of personal data — Article 10(1) of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-356/15 Commission v Belgium
Failure of a Member State to fulfil obligations — Social security — Regulation (EC) No 883/2004 — Articles 11 and 12 and Article 76(6) — Regulation (EC) No 987/2009 — Article 5 — Posting of workers — Affiliation to a social security scheme — Combating fraud — A1 Certificate — Refusal of recognition by the Member State where the professional activity is carried out in the event of fraud or abuse
Language of the case: French
Case C-629/16 Proceedings brought by CX
Reference for a preliminary ruling — International road transport — Agreement establishing an Association between the European Economic Community and Turkey — Article 9 — Additional Protocol — Articles 41 and 42 — Freedom to provide services — Standstill clause — Decision No 1/95 of the EC-Turkey Association Council — Articles 5 and 7 — Free movement of goods — National legislation restricting the right of road haulage undertakings with their seat in Turkey to operate their vehicles in the territory of the Member State concerned — Obligation to obtain an authorisation issued within the limits of a quota determined on the basis of a bilateral agreement concluded between that Member State and Turkey or a permit granted for a single transport of substantial public interest
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-15/17 Bosphorus Queen Shipping v Rajavartiolaitos
Reference for a preliminary ruling — Montego Bay Convention — Article 220(6) — Enforcement by the coastal State — Jurisdiction of the Court to interpret provisions of international law — Directive 2005/35/EC — Ship-source pollution — Article 7(2) — Marpol Convention 73/78 — Oil spill in the exclusive economic zone from a foreign vessel in transit — Circumstances in which a coastal State may instigate proceedings against a foreign vessel — Freedom of navigation — Protection of the marine environment — Major damage or threat of major damage to the coastline, related interests or any resources in the territorial sea or exclusive economic zone — Clear objective evidence
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Case C-60/17 Somoza Hermo and Ilunión Seguridad v Esabe Vigilancia and Fogasa
Reference for a preliminary ruling — Directive 2001/23/EC — Article 1(1) — Transfer of an undertaking — Article 3(1) — Safeguarding of employees’ rights — Taking over of employment contracts in accordance with the terms of a collective agreement — Collective agreement excluding the obligation, for the transferor and transferee of the undertaking, to assume joint and several liability in respect of the obligations, including those relating to wages, which arose from employment contracts before that undertaking was transferred
Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
Case C-88/17 Zurich Insurance and Metso Minerals v Abnormal Load Services (International)
Reference for a preliminary ruling — Cooperation in civil and commercial matters — Regulation (EC) No 44/2001 — Jurisdiction — Second indent of Article 5(1)(b) — Jurisdiction of the courts for the place of performance of the obligation — Place of provision of services — Contract for the carriage of goods between two Member States — Route consisting of several stages and involving a number of means of transport
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Case C-154/17 E LATS v Valsts ieņēmumu dienests
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Article 311(1)(1) — Special arrangements for second-hand goods — Definition of ‘second-hand goods’ — Goods containing precious metals or precious stones resold by a trader — Processing of those goods after sale — Recovery of the precious metals or precious stones — Concept of ‘precious metals or precious stones’
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
Case C-192/17 COBRA v Ministero dello Sviluppo Economico
Reference for a preliminary ruling — Directive 1999/5/EC — Mutual recognition of the conformity of radio equipment and telecommunications terminal equipment — Existence of harmonised standards — Need for the manufacturer to consult a notified body — Affixing of the identification number of a notified body
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-540/16 Spika and Others v Žuvininkystės tarnyba prie Lietuvos Respublikos žemės ūkio ministerijos
Reference for a preliminary ruling — Common fisheries policy — Regulation (EU) No 1380/2013 — Article 16(6) and Article 17 — Allocation of fishing opportunities — National legislation laying down a method based on objective and transparent criteria — Inequalities in the conditions of competition between operators in the sector — Charter of Fundamental Rights of the European Union — Articles 16 and 20 — Freedom to conduct a business — Equal treatment — Proportionality
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-14/17 VAR and ATM v Iveco Orecchia
Reference for a preliminary ruling — Public procurement — Directive 2004/17/EC — Article 34 — Supply of spare parts for buses and trolley-buses — Technical specifications — Equivalent products — Whether proof of equivalence may be provided after the contract has been awarded
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-89/17 Secretary of State for the Home Department v Banger
Reference for a preliminary ruling — Citizenship of the European Union — Article 21 TFEU — Right of Union citizens to move and reside freely within the territory of the European Union — Directive 2004/38/EC — Point (b) of the first subparagraph of Article 3(2) — Partner with whom the Union citizen has a duly-attested durable relationship — Return to the Member State of which the Union citizen is a national — Application for residence authorisation — Extensive examination of the applicant’s personal circumstances — Articles 15 and 31 — Effective judicial protection — Charter of Fundamental Rights of the European Union — Article 47
Request for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber) London
Language of the case: English
Joined Cases C-397/17 and C-398/17 Profit Europe v Belgische Staat
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Customs Union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Subheadings 7307 11 10, 7307 19 10 and 7307 19 90 — Cast tube or pipe fittings, of spheroidal graphite cast iron
Requests for a preliminary ruling from the Nederlandstalige Rechtbank van eerste aanleg te Brussel
Language of the case: Dutch
Case C-123/16 P Orange Polska v Commission
Appeal — Competition — Article 102 TFEU — Abuse of dominant position — Polish wholesale market for fixed broadband internet access — Refusal to give access to the network and to supply wholesale products — Regulation (EC) No 1/2003 — Article 7(1) — Article 23(2)(a) — Legitimate interest in finding an infringement which has come to an end — Calculation of the fine — 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003 — Gravity — Mitigating circumstances — Investments made by the infringing undertaking — Review of legality — Review exercising powers of unlimited jurisdiction — Substitution of grounds
Language of the case: English
Case C-128/16 P Commission v Spain and Others
Appeal — State aid — Article 107(1) TFEU — Tax regime applicable to certain finance lease agreements for the purchase of ships (Spanish tax lease system) — Identification of the beneficiaries of the aid — Condition relating to selectivity — Distortion of competition and effect on trade between Member States — Duty to state reasons
Language of the case: Spanish
Case C-135/16 Georgsmarienhütte and Others v Bundesrepublik Deutschland
Reference for a preliminary ruling — State aid — Scheme for the support of renewable electricity sources and energy-intensive users — Decision (EU) 2015/1585 — Validity in the light of Article 107 TFEU — Admissibility — Failure by the applicants in the main proceedings to bring an action for annulment
Request for a preliminary ruling from the Verwaltungsgericht Frankfurt am Main
Language of the case: German
Case C-528/16 Confédération paysanne and Others v Premier ministre and Ministre de l’agriculture, de l’agroalimentaire et de la forêt
Reference for a preliminary ruling — Deliberate release of genetically modified organisms into the environment — Mutagenesis — Directive 2001/18/EC — Articles 2 and 3 — Annexes I A and I B — Concept of ‘genetically modified organism’ — Techniques/methods of genetic modification conventionally used and deemed to be safe — New techniques/methods of mutagenesis — Risks for human health and the environment — Discretion of the Member States when transposing the directive — Directive 2002/53/EC — Common catalogue of varieties of agricultural plant species — Herbicide-tolerant plant varieties — Article 4 — Acceptability of genetically modified varieties obtained by mutagenesis for inclusion in the common catalogue — Human health and environmental protection requirement — Exemption
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-553/16 TTL v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling — Freedom to provide services — Corporate taxation — Payments made by a company resident in a Member State to non-resident companies for the leasing of rail tankers — Obligation to charge withholding tax on income from a domestic source paid to a non-resident company — Non-compliance — Double taxation conventions — Charging the resident company default interest for non-payment of the withholding tax — Interest payable from the expiry of the statutory time limit for payment until the date on which evidence that the double taxation convention is applicable is furnished — Irrecoverable interest
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-585/16 Alheto v Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite
Reference for a preliminary ruling — Common policy on asylum and subsidiary protection — Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection — Directive 2011/95/EU — Article 12 — Exclusion from refugee status — Persons registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) — Existence of a ‘first country of asylum’, for a refugee from Palestine, in the UNRWA area of operations — Common procedures for granting international protection — Directive 2013/32/EU — Article 46 — Right to an effective remedy — Full and ex nunc examination — Scope of the powers of the court of first instance — Examination by the courts of international protection needs — Examination of grounds of inadmissibility
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C-632/16 Dyson v BSH Home Appliances
Reference for a preliminary ruling — Retail of vacuum cleaners — Energy class label — Directive 2010/30/EU — Delegated Regulation (EU) No 665/2013 — Vacuum cleaners — Display of other symbols — Unfair commercial practices — Consumer protection — Directive 2005/29/EC — Article 7 — Failure to state the conditions under which energy efficiency is measured — Misleading omission
Request for a preliminary ruling from the Rechtbank van koophandel te Antwerpen
Language of the case: Dutch
Case C-679/16 Proceedings brought by A (Assistance for a disabled person)
Reference for a preliminary ruling –– Citizenship of the Union — Articles 20 and 21 TFEU –– Freedom to move and reside in the Member States –– Social security — Regulation (EC) No 883/2004 — Social assistance — Sickness benefits –– Services provided to people with disabilities — Obligation of a municipality in one Member State to provide one of its residents with personal assistance provided for under national legislation while that resident is in higher education in another Member State
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-5/17 Commissioners for Her Majesty's Revenue and Customs v DPAS
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Exemption — Article 135(1)(d) — Transactions concerning payments and transfers — Concept — Scope — Dental payment plan by direct debit
Request for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
Joined Cases C-84/17 P, C-85/17 P and C-95/17 P Société des produits Nestlé and Others v Mondelez UK Holdings & Services
Appeal — EU trade mark — Three-dimensional mark representing the shape of a four-fingered chocolate bar — Appeal directed against the grounds — Inadmissibility — Regulation (EC) No 207/2009 — Article 7(3) — Evidence of distinctive character acquired through use
Language of the case: English
Case C-96/17 Vernaza Ayovi v Consorci Sanitari de Terrassa
Reference for a preliminary ruling — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Consequences of a disciplinary dismissal found to be ‘unfair’ — Definition of ‘working conditions’ — Temporary worker with a contract of indefinite duration — Difference in treatment between permanent workers and temporary workers with a fixed-term contract or contract of indefinite duration — Reinstatement of the worker or granting of compensation
Request for a preliminary ruling from the Juzgado de lo Social n.º 2 de Terrassa
Language of the case: Spanish
Case C-103/17 Messer France v Premier ministre and Others
Reference for a preliminary ruling — Harmonisation of fiscal legislation — Directive 92/12/EEC — Article 3(2) — Directive 2003/96/EC — Articles 3 and 18 — Taxation of energy products and electricity — Excise duties — Existence of another indirect tax — Conditions — National legislation providing for a contribution to the public electricity service — Definition of ‘specific purposes’ — Compliance with a minimum level of taxation
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-107/17 Aviabaltika v Ūkio bankas
Reference for a preliminary ruling — Directive 2002/47/EC — Enforcement of financial collateral arrangements — Commencement of insolvency proceedings against the collateral taker — Occurrence of the enforcement event — Inclusion of the financial collateral in the assets remaining after the insolvency — Obligation to satisfy the claims primarily from the financial collateral
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-121/17 Teva UK and Others v Gilead Sciences
Reference for a preliminary ruling — Medicinal products for human use — Treatment of human immunodeficiency virus (HIV) — Originator medicines and generic medicines — Supplementary protection certificate — Regulation (EC) No 469/2009 — Article 3(a) — Conditions for obtaining — Concept of a ‘product protected by a basic patent in force’ — Criteria for assessment
Request for a preliminary ruling from the High Court of Justice (England & Wales), Chancery Division (Patents Court)
Language of the case: English
Case C-129/17 Mitsubishi Shoji Kaisha and Mitsubishi Caterpillar Forklift Europe v Duma Forklifts and G.S. International
Reference for a preliminary ruling — EU trade mark — Directive 2008/95/EC — Article 5 — Regulation (EC) No 207/2009 — Article 9 — Trade mark proprietor entitled to oppose the removal by a third party of all the signs identical to that mark and the affixing of new signs on goods identical to those for which that mark has been registered with a view to importing or placing them on the market in the European Economic Area (EEA)
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
Case C-140/17 Szef Krajowej Administracji Skarbowej v Gmina Ryjewo
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Articles 167, 168 and 184 — Deduction of input tax — Adjustment — Immovable property acquired as capital goods — Initial allocation to an activity which does not confer entitlement to deduct input tax and subsequently also to an activity subject to VAT — Public body — Taxable-person status at the time of the taxable transaction
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-164/17 Grace and Sweetman v Bord Pleanala
Reference for a preliminary ruling — Environment — Directive 92/43/EC — Conservation of natural habitats and of wild fauna and flora — Article 6(3) and (4) — Assessment of the implications of a plan or project for a protected site — Plan or project not directly connected with or necessary to the management of the site — Wind farm project — Directive 2009/147/EC — Conservation of wild birds — Article 4 — Special Protection Area (SPA) — Annex I — Hen harrier (Circus cyaneus) — Suitable habitat fluctuating over time — Temporary or permanent reduction of the amount of appropriate land — Measures included in the project to ensure that, during the lifetime of the project, the amount of land that is in fact suitable for hosting the natural habitat of the species will not be reduced and indeed may be enhanced
Request for a preliminary ruling from the Supreme Court
Language of the case: English
Case C-239/17 Teglgaard and Fløjstrupgård v Fødevareministeriets Klagecenter
Reference for a preliminary ruling — Common agricultural policy — Support schemes for farmers — Regulation (EC) No 1782/2003 — Article 6(1) — Regulation (EC) No 73/2009 — Article 23(1) — Regulation (EC) No 796/2004 — Article 66(1) — Regulation (EC) No 1122/2009 — Article 70(8)(a) — Cross-compliance — Reduction in direct payments due to non-compliance with the statutory management requirements or good agricultural and environmental conditions — Determination of the year to be taken into account in order to determine the percentage reduction — Year in which the non-compliance occurred
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-268/17 AY (Arrest warrant – Witness)
Reference for a preliminary ruling — Judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 1(2), Article 3(2) and Article 4(3) — Grounds for the refusal to execute — Closure of criminal proceedings — Principle ne bis in idem — Requested person who had the status of a witness in previous proceedings concerning the same acts — Issue of several European arrest warrants against the same person
Request for a preliminary ruling from the Županijski Sud u Zagrebu
Language of the case: Croatian
Case C-338/17 Guigo v Fond 'Garantirani vzemania na rabotnitsite i sluzhitelite'
Reference for a preliminary ruling — Social policy — Protection of employees in the event of employer’s insolvency — Directive 2008/94/EC — Articles 3 and 4 — Employees’ claims borne by guarantee institutions — Limitation on the liability of guarantee institutions — Exclusion of wage claims arising over three months prior to the entry in the commercial register of the judicial decision initiating insolvency proceedings
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-404/17 A v Migrationsverket
Reference for a preliminary ruling — Asylum policy — Directive 2013/32/EU — Article 31(8) and Article 32(2) — Manifestly unfounded application for international protection — Concept of safe country of origin — No national rules concerning that concept — Applicant’s representations considered to be reliable but insufficient having regard to the satisfactory protection offered by the applicant’s country of origin
Request for a preliminary ruling from the Förvaltningsrätten i Malmö – Migrationsdomstolen
Language of the case: Swedish
Case C-445/17 Agenzia delle Dogane e dei Monopoli v Pilato
Reference for a preliminary ruling — Common Customs Tariff — Combined Nomenclature — Tariff classification — Headings 8703, 8704 and 8705 — Hearses
Request for a preliminary ruling from the Commissione Tributaria Regionale del Lazio
Language of the case: Italian
Case C-574/17 P Commission v Combaro
Appeal — Customs union — Regulation (EEC) No 2913/92 — Article 239 — Remission of import duties — Import of linen fabrics from Latvia between 1999 and 2002 — Special situation — Supervision and monitoring obligations — Corruption alleged of the customs authorities — Inauthentic movement certificate — Mutual trust
Language of the case: German
Case C-216/18 PPU LM (Deficiencies in the system of justice)
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 1(3) — Surrender procedures between Member States — Conditions for execution — Charter of Fundamental Rights of the European Union — Article 47 — Right of access to an independent and impartial tribunal
Request for a preliminary ruling from High Court (Ireland)
Language of the case: English
Case C-220/18 PPU ML (Conditions of detention in Hungary)
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant –Framework Decision 2002/584/JHA — Article 1(3) — Surrender procedures between Member States –– Conditions for execution –– Grounds for non-execution — Charter of Fundamental Rights of the European Union — Article 4 — Prohibition of inhuman or degrading treatment –– Detention conditions in the issuing Member State — Scope of the assessment undertaken by the executing judicial authorities –– Existence of a legal remedy in the issuing Member State — Assurance given by the authorities of that Member State
Request for a preliminary ruling from the Hanseatisches Oberlandesgericht in Bremen
Language of the case: German
Information (on unpublished decisions)
Case C-182/18 R Comune di Milano v Council
Application for interim measures — Application for suspension of operation of a measure — Choice of the new seat of the European Medicines Agency (EMA) — Urgency
Case C-731/17 P Nap Innova Hoteles v SRB
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Dismissal of the action as manifestly inadmissible at first instance — Article 19 of the Statute of the Court of Justice — Representation before the EU judicature — Lawyer who is not a third party in relation to the appellant — Articles 47 and 48 of the Charter of Fundamental Rights of the European Union — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-162/18 P Wenger v EUIPO
Appeal — EU trade mark — Invalidity proceedings — Withdrawal of the application for a declaration of invalidity — Appeal which has become devoid of purpose — No need to adjudicate
Case C-187/18 P(I) Müller and Others v QH
Appeal — Intervention — Application to intervene made after the period of six weeks laid down in Article 143(1) of the Rules of Procedure of the General Court — Admissibility — Article 47 of the Charter of Fundamental Rights of the European Union — Article 129(4) of the Rules of Procedure of the Court of Justice — Article 45 of the Statute of the Court of Justice of the European Union — Force majeure — Excusable error
Case C-726/17 P Tetra Pharm (1997) v EUIPO
Appeal — EU trade mark — Opposition proceedings — Application for registration of the word mark SeboCalm — Rejection of the application for registration
Case C-707/17 Criminal proceedings against Pinzaru and Cirstinoiu
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Control of cash entering or leaving the European Union — Regulation (EC) No 1889/2005 — Failure to comply with the obligation to declare — Penalties laid down by national law — Confiscation by the State of the undeclared sum — Custodial sentence — Fine in the amount of twice the undeclared sum — Proportionality
Case C-40/18 P Acquafarm v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Non-contractual liability of the European Union — Operational programme financed by the European Union in the fisheries sector — Impossibility of completing the project in spite of the investments already made — Operational programme concerning EU legislation prohibiting the importation of crustaceans — Appeal clearly inadmissible and clearly unfounded
Case C-237/18 Stiernon and Others v Etat belge, SPF Santé publique and Communauté française de Belgique
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Freedom of movement for workers — Freedom to choose an occupation — Articles 20, 21 and 45 TFEU — Charter of Fundamental Rights of the European Union — Article 15 — Profession of psychomotor therapist not included in the national list of allied health professions
Case C-238/18 R ECB v Latvia
Application for interim measures — Application for interim measures — Prima facie case — Urgency — Balancing of competing interests — Protocol on the Statute of the European System of Central Banks and of the European Central Bank — Rules of Procedure of the European Central Bank — National security measures adopted in the context of a criminal investigation opened into a governor of a national central bank of a Member State whose currency is the euro — Prohibition on that governor from carrying out his activities and from leaving national territory
Case C-139/17 P QuaMa Quality Management v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Regulation (EC) No 2868/95 — Opposition proceedings — Application for the word mark medialbo — Earlier mark MediaLB — Relative ground for refusal — Likelihood of confusion — Notice of opposition filed by a person who is not the proprietor of the earlier mark — No formal application for registration of the transfer of the earlier mark within the opposition period — Inadmissibility
Case C-205/17 Commission v Spain
Failure of a Member State to fulfil obligations — Collection and treatment of urban waste water — Directive 91/271/EEC — Articles 3 and 4 — Judgment of the Court declaring a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Pecuniary penalties — Penalty payment and lump sum
Case C-588/17 P Spain v Commission
August 2018
Joined Cases C-96/16 and C-94/17 Banco Santander v Demba and Godoy Bonet and Escobedo Cortés v Banco de Sabadell
Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms — Scope — Assignment of debts — Loan agreement concluded with a consumer — Criteria for assessing the unfairness of a contractual term setting the default interest rate — Consequences of that unfairness
Requests for a preliminary ruling from the Juzgado de Primera Instancia n° 38 de Barcelona and the Tribunal Supremo
Language of the case: Spanish
Case C-472/16 Colino Sigüenza v Ayuntamiento de Valladolid and Others
Reference for a preliminary ruling — Directive 2001/23/EC — Scope — Article 1(1) — Transfers of undertakings — Safeguarding of employees’ rights –Service contract for the management of a municipal School of Music — Cessation of the activity of the first contractor before the end of the current school year and designation of a new contractor at the beginning of the following school year — Article 4(1) — Prohibition of dismissal by reason of transfer — Exception — Dismissal for economic, technical or organisational reasons entailing changes in the workforce — Charter of Fundamental Rights of the European Union — Article 47)
Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León
Language of the case: Spanish
Case C-561/16 Saras Energía v Administración del Estado
Reference for a preliminary ruling — Directive 2012/27/EU — Article 7(1), (4) and (9) — Article 20(4) and (6) — Promotion of energy efficiency — Energy efficiency obligation scheme — Other policy measures — Energy Efficiency National Fund — Establishment of such a fund as the main measure implementing energy efficiency obligations — Contribution obligation — Designation of the obligated parties — Energy distributors and/or retail energy sales companies
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-16/17 TGE Gas Engineering v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Value added tax (VAT) — Deduction of input tax — Origin and scope of the right to deduct
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa)
Language of the case: Portuguese
Case C-52/17 VTB Bank (Austria) v Finanzmarktaufsichtsbehörde
Reference for a preliminary ruling — Approximation of laws — Directive 2013/36/EU — Articles 64, 65 and 67 — Regulation (EU) No 575/2013 — Article 395(1) and (5) — Supervision of credit institutions — Supervisory powers and powers to impose penalties — Large exposure limits — Legislation of a Member State under which interest is levied where those limits are exceeded — Regulation (EU) No 468/2014 — Article 48 — Attribution of areas of competence between the European Central Bank (ECB) and national authorities — Formally initiated supervisory procedure
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-59/17 Château du Grand Bois v FranceAgriMer
Reference for a preliminary ruling — Agriculture — Market in wine — Regulation (EC) No 555/2008 — Support for the restructuring and conversion of vineyards — Unannounced on-the-spot checks — Powers of control officials — Whether officials may enter agricultural land without having obtained the vine grower’s permission
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Joined Cases C-61/17, C-62/17 and C-72/17 Bichat and Others v APSB
Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — First subparagraph of Article 2(4) — Definition of ‘undertaking controlling the employer’ — Procedures for consultation of workers — Burden of proof
Requests for a preliminary ruling from the Landesarbeitsgericht Berlin-Brandenburg
Language of the case: German
Case C-115/17 Administration des douanes et droits indirects and Établissement national des produits de l'agriculture et de la mer (FranceAgriMer) v Clergeau and Others
Reference for a preliminary ruling — Regulation (EEC) No 1964/82 — False declarations or deceitful practices in order to secure special export refunds on certain cuts of boned meat of bovine animals — Amendment to Regulation No 1964/82 extending the entitlement to special export refunds — Principle of the retroactive application of the more lenient criminal law — Third sentence of Article 49(1) of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C-120/17 Administratīvā rajona tiesa v Ministru kabinets
Reference for a preliminary ruling — Agriculture — Support for rural development — Regulation (EC) No 1257/1999 — Articles 10 to 12 — Early retirement support — National legislation providing for the transfer by inheritance of early retirement support — Legislation approved by the European Commission — Subsequent change of position — Protection of legitimate expectations
Request for a preliminary ruling from the Latvijas Republikas Satversmes tiesa
Language of the case: Latvian
Case C-122/17 Smith v Meade and Others
Reference for a preliminary ruling — Approximation of laws — Insurance against civil liability in respect of the use of motor vehicles — Third Directive 90/232/EEC — Article 1 — Liability for personal injury caused to all passengers other than the driver — Compulsory insurance — Direct effect of directives — Obligation to disapply national legislation contrary to a directive — Non-application of a contractual clause contrary to a directive
Request for a preliminary ruling from the Court of Appeal
Language of the case: English
Case C-123/17 Yön v Landeshauptstadt Stuttgart
Reference for a preliminary ruling — EEC-Turkey Association — Decision No 2/76 — Article 7 — Standstill clause — Right of residence of family members of a Turkish worker — Visa requirement for admission to the territory of a Member State
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-161/17 Land Nordrhein-Westfalen v Renckhoff
Reference for a preliminary ruling — Copyright and related rights — Directive 2001/29/EC — Information society — Harmonisation of certain aspects of copyright and related rights — Article 3(1) — Communication to the public — Concept — Publication online, without the consent of the rightholder, of a photograph previously published on another website without any restrictions and with the consent of the rightholder — New public
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-300/17 Hochtief v Budapest Főváros Önkormányzata
Reference for a preliminary ruling — Public procurement — Review procedures — Directive 89/665/EC — Action for damages — Article 2(6) — National rules making the admissibility of any action for damages subject to a prior and definitive determination of the illegality of the decision of the contracting authority giving rise to the damage alleged — Actions for annulment — Prior action before an arbitration committee — Judicial review of arbitral decisions — National rules excluding pleas not raised before the arbitration committee — Charter of Fundamental Rights of the European Union — Article 47 — Right to effective judicial protection — Principles of effectiveness and equivalence
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-329/17 Prenninger and Others v Oberösterreichische Landesregierung and Netz Oberösterreich
Reference for a preliminary ruling — Environment — Directive 2011/92/EU — Assessment of the effects of certain projects on the environment — Annex II — Point 1(d) — Concept of ‘deforestation for the purposes of conversion to another type of land use’ — Clearance of a path in a forest in connection with the construction and operation of an overhead electrical power line
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-435/17 Argo Kalda Mardi talu v Põllumajanduse Registrite ja Informatsiooni Amet
Reference for a preliminary ruling — Common agricultural policy — Direct payments– Regulation (EU) No 1306/2013 — Articles 93 and 94 — Annex II — Cross-compliance — Agricultural and environmental conditions — Minimum requirements — Implementation by a Member State — Obligation to conserve ‘burial grounds’ — Scope
Request for a preliminary ruling from the Tartu Halduskohus
Language of the case: Estonian
Case C-475/17 Viking Motors and Others v Tallinna linn and Maksu- ja Tolliamet
Reference for a preliminary ruling — Taxation — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 401 — Domestic taxes which can be characterised as turnover taxes — Prohibition — Concept of ‘turnover tax’ — Local sales tax — Essential characteristics of VAT — None
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
Case C-485/17 Verbraucherzentrale Berlin v Unimatic Vertriebs
Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Article 2(9) — Concept of ‘business premises’ — Criteria — Sales contract concluded on a stand run by a trader at a trade fair
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-521/17 SNB-REACT v Mehta
Reference for a preliminary ruling — Intellectual and industrial property — Directive 2004/48/EC — Article 4 — Legal standing of a body for the collective representation of trade mark proprietors — Directive 2000/31/EC — Articles 12 to 14 — Liability of a provider of IP address rental and registration services allowing the anonymous use of domain names and websites
Request for a preliminary ruling from the Tallinna Ringkonnakohus
Language of the case: Estonian
September 2018
Case C-57/16 P ClientEarth v Commission
Appeal — Access to documents of the EU institutions — Regulation (EC) No 1049/2001 — Regulation (EC) No 1367/2006 — Impact assessment report, draft impact assessment report and opinion of the Impact Assessment Board — Legislative initiatives in respect of environmental matters — Refusal to grant access — Disclosure of the documents requested in the course of the proceedings — Continuing interest in bringing proceedings — Exception relating to the protection of the ongoing decision-making process of an EU institution — General presumption
Language of the case: English
Case C-80/17 Fundo de Garantia Automóvel v Destapado Pão Mole Juliana and Caetano Juliana
Reference for a preliminary ruling — Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC — Article 3(1) — Second Directive 84/5/EEC — Article 1(4) — Obligation to take out a contract of insurance — Vehicle parked on private land — Right of the compensation body to bring an action against the owner of the uninsured vehicle
Request for a preliminary ruling from the Supremo Tribunal de Justiça
Language of the case: Portuguese
Case C-244/17 Commission v Council (Agreement with Kazakhstan)
Action for annulment — Decision (EU) 2017/477 — Position to be adopted on behalf of the European Union within the Cooperation Council established under the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part, as regards the working arrangements of the Cooperation Council, the Cooperation Committee, specialised subcommittees or any other bodies — Article 218(9) TFEU — Decision establishing the positions to be adopted on behalf of the European Union in a body set up by an international agreement — Agreement some of whose provisions may be linked with the common foreign and security policy (CFSP) — Voting rule
Language of the case: English
Case C-430/16 P Bank Mellat v Council
Appeal — Common Foreign and Security Policy (CFSP) — Combating of nuclear proliferation — Restrictive measures against the Islamic Republic of Iran — Sector-specific measures — Restrictions on transfers of funds involving Iranian financial institutions — Strengthening of restrictions — Regime at issue adopted under the provisions of Decision 2012/635/CFSP and of Regulation (EU) No 1263/2012 — Implementation of the Joint Comprehensive Plan of Action on the Iranian nuclear issue — Lifting of all restrictive measures of the European Union related to this issue — Repeal of regime at issue in the course of proceedings before the General Court of the European Union — Effect on interest in bringing proceedings before the General Court — No continuation of interest in bringing proceedings
Language of the case: English
Case C-488/16 P Bundesverband Souvenir - Geschenke - Ehrenpreise v EUIPO
Appeal — EU trade mark — Invalidity proceedings — Word mark NEUSCHWANSTEIN — Regulation (EC) No 207/2009 — Article 7(1)(b) and (c) — Absolute grounds for refusal — Descriptive character — Indication of geographical origin — Distinctive character — Article 52(1)(b) — Bad faith
Language of the case: German
Case C-527/16 Salzburger Gebietskrankenkasse and Bundesminister für Arbeit, Soziales und Konsumentenschutz v Alpenrind and Others
Reference for a preliminary ruling — Social security — Regulation (EC) No 987/2009 — Articles 5 and 19(2) — Workers posted in a Member State other than that in which the employer usually carries out its activities — Issue of the A1 attestations by the Member State of origin after recognition by the host Member State that the workers are subject to its social security scheme — Opinion of the Administrative Board — Incorrect issue of A1 certificates — Finding — Binding nature and retroactive effect of those certificates — Regulation (EC) No 883/2004 — Legislation applicable — Article 12(1) — Concept of a person ‘sent to replace another person’
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-4/17 P Czech Republic v Commission
Appeal — European Agricultural Guarantee Fund (EAGF) — Expenditure eligible for European Union financing — Expenditure by the Czech Republic — Regulation (EC) No 479/2008 — Article 11(3) — Concept of ‘restructuring of vineyards’
Language of the case: Czech
Case C-17/17 Hampshire v The Board of the Pension Protection Fund
Reference for a preliminary ruling — Protection of employees in the event of the insolvency of their employer — Directive 2008/94/EC — Article 8 — Supplementary pension schemes — Protection of entitlement to old-age benefits — Minimum level of protection guaranteed
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
Case C-21/17 Catlin Europe v O. K. Trans Praha
Reference for a preliminary ruling — Judicial cooperation in civil and commercial matters — European order for payment procedure — Regulation (EC) No 1896/2006 — Issue of an order for payment together with the application for the order — No translation of the application for the order — European order for payment declared enforceable — Application for review after expiry of the period for opposition — Service of judicial and extrajudicial documents — Regulation (EC) No 1393/2007 — Applicability — Article 8 and Annex II — Informing the addressee of the right to refuse to accept a document instituting proceedings that has not been translated — Lack of the standard form — Consequences
Request for a preliminary ruling from the Nejvyšší soud České republiky
Language of the case: Czech
Case C-346/17 P Klein v Commission
Appeal — Second paragraph of Article 340 TFEU — Non-contractual liability of the European Union — Directive 93/42/EEC — Medical devices — Article 8(1) and (2) — Safeguard clause procedure — Notification by a Member State of a decision prohibiting the placing on the market of a medical device — Absence of a decision by the European Commission — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Causal link between the conduct of the institution and the damage alleged — Evidence of the existence and extent of the damage
Language of the case: German
Case C-471/17 Kreyenhop & Kluge v Hauptzollamt Hannover
Reference for a preliminary ruling — Customs Union and Common Customs Tariff — Tariff and statistical nomenclature — Classification of goods — Fried instant noodles — Tariff subheading 1902 30 10
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C-68/17 IR v JQ
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment — Occupational activities within churches and other organisations the ethos of which is based on religion or belief — Occupational requirements — Acting in good faith and with loyalty to the ethos of the church or organisation — Definition — Difference of treatment on the basis of religion or belief — Dismissal of an employee of the Catholic faith performing managerial duties due to a second, civil marriage entered into after a divorce
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-69/17 Siemens Gamesa Renewable Energy România v Agenţia Naţională de Administrare Fiscală – Direcţia Generală de Soluţionare a Contestaţiilor and Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Administrare a Marilor Contribuabili
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Right of deduction — Acquisitions made by a taxpayer declared ‘inactive’ by the tax authorities — Refusal of the right of deduction — Principles of proportionality and neutrality of VAT
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-304/17 Löber v Barclays Bank
Reference for a preliminary ruling — Regulation (EC) No 44/2001 — Jurisdiction in civil and commercial matters — Special jurisdiction — Article 5(3) — Jurisdiction in tort, delict or quasi-delict — Place where the harmful event occurred or may occur — Consumer, domiciled in a Member State, who bought, through a bank established in that Member State, securities issued by a bank established in another Member State — Jurisdiction to hear and determine the tort action brought by that consumer against the bank concerned)
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-601/17 Harms v Vueling Airlines
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 8(1) — Reimbursement of the price of a ticket in the event of cancellation of a flight — Commission collected by a person acting as an intermediary between the passenger and the air carrier when the ticket was bought — Included
Request for a preliminary ruling from the Amtsgericht Hamburg
Language of the case: German
Case C-358/16 UBS Europe and Hondequin and Others v DV and Others
Reference for a preliminary ruling — Approximation of laws — Directive 2004/39/EC — Article 54(1) and (3) — Scope of the obligation of professional secrecy on national financial supervisory authorities — Finding of the absence of good repute — Cases covered by criminal law — Charter of Fundamental Rights of the European Union — Articles 47 and 48 — Rights of the defence — Access to the file
Request for a preliminary ruling from the Cour administrative (Luxembourg)
Language of the case: French
Case C-594/16 Buccioni v Banca d'Italia
Reference for a preliminary ruling — Approximation of laws — Directive 2013/36/EU — Article 53(1) — Obligation of professional secrecy on national authorities charged with prudential supervision of credit institutions — Credit institution which is being compulsorily wound up — Disclosure of confidential information in civil or commercial proceedings
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-618/16 Prefeta v Secretary of State for Work and Pensions
Reference for a preliminary ruling — Freedom of movement for persons — Article 45 TFEU — 2003 Act of Accession — Chapter 2 of Annex XII — Whether a Member State may derogate from Article 7(2) of Regulation (EU) No 492/2011 and Article 7(3) of Directive 2004/38/EC — Polish national who has not completed a period of 12 months’ registered work in the host Member State
Request for a preliminary ruling from the Upper Tribunal (Administrative Appeals Chamber)
Language of the case: English
Case C-26/17 P Birkenstock Sales v EUIPO
Appeal — EU trade mark — International registration designating the European Union — Figurative mark representing a pattern of wavy, crisscrossing lines — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute ground for refusal — Distinctive character — Surface pattern
Language of the case: German
Joined Cases C-54/17 and C-55/17 Autorità Garante della Concorrenza e del Mercato v Wind Tre and Vodafone Italia
References for a preliminary ruling — Consumer protection — Directive 2005/29/EC — Unfair commercial practices — Article 3(4) — Scope — Articles 5, 8 and 9 — Aggressive commercial practices — Annexe I, point 29 — Commercial practices which are aggressive in all circumstances — Inertia selling — Directive 2002/21/EC — Directive 2002/22/EC — Telecommunication services — Sale of SIM (Subscriber Identity Module) cards containing certain pre-installed and pre-activated services — Failure to give prior information to consumers
References for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-176/17 Profi Credit Polska v Wawrzosek
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Directive 2008/48/EC — Order for payment procedure founded on a promissory note that secures the obligations arising from a consumer credit agreement
Request for a preliminary ruling from the Sąd Rejonowy w Siemianowicach Śląskich I Wydział Cywilny
Language of the case: Polish
Case C-287/17 Česká pojišťovna v WCZ
Reference for a preliminary ruling — Company law — Combating late payments in commercial transactions — Directive 2011/7/EU — Article 6(1) and (3) — Reimbursement of debt recovery costs — Costs resulting from reminders sent on account of late payment by a debtor
Request for a preliminary ruling from the Okresní soud v Českých Budějovicích
Language of the case: Czech
Case C-332/17 Starman v Tarbijakaitseamet
Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Article 21 — Consumer contracts — Telephone communications — Practice of a telecommunication services provider consisting in offering its customers who have already concluded a contract a speed dial number at a rate higher than the basic rate
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
Case C-369/17 Ahmed v Bevándorlási és Menekültügyi Hivatal
Reference for a preliminary ruling — Area of freedom, security and justice — Borders, asylum and immigration — Refugee status or subsidiary protection status — Directive 2011/95/EU — Article 17 — Exclusion from subsidiary protection status — Grounds — Conviction for a serious crime — Determination of seriousness on the basis of the penalty provided for under national law — Whether permissible — Need for an individual assessment
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-372/17 Vision Research Europe v Inspecteur van de Belastingdienst/Douane kantoor Rotterdam Rijnmond
Reference for a preliminary ruling — Common Customs Tariff — Tariff headings — Classification of goods — Volatile-memory camera, meaning that recorded images are deleted when the camera is switched off or when new images are captured — Combined Nomenclature — Subheadings 8525 80 19 and 8525 80 30 — Explanatory Notes — Interpretation — Implementing Regulation (EU) No 113/2014 — Interpretation — Validity
Request for a preliminary ruling from the Rechtbank Noord-Holland
Language of the case: Dutch
Case C-542/18 RX Review Simpson v Council
Language of the case: English
Case C-543/18 RX Review HG v Commission
Language of the case: French
Case C-438/16 P Commission v France and IFP Énergies nouvelles
Appeal — State aid — State aid scheme implemented by France — Unlimited State guarantee conferred on the Institut français du pétrole (IFP) by the grant of the status of publicly owned industrial and commercial establishment (EPIC) — Decision declaring that measure as partially not constituting State aid and as partially constituting State aid compatible with the Internal market, subject to certain conditions — Concept of ‘aid scheme’ — Presumption of the existence of an advantage — Burden and standard of proof
Language of the case: French
Case C-41/17 González Castro v Mutua Umivale and Others
Reference for a preliminary ruling — Directive 92/85/EEC — Articles 4, 5 and 7 — Protection of the safety and health of workers — Worker who is breastfeeding — Night work — Shift work performed in part at night — Risk assessment of her work — Prevention measures — Challenge by the worker concerned — Directive 2006/54/EC — Article 19 — Equal treatment — Discrimination on grounds of sex — Burden of proof
Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
Case C-109/17 Bankia v Mari Merino and Pérez Gavilán
Reference for a preliminary ruling — Directive 2005/29/EC — Unfair business-to-consumer commercial practices — Loan agreement secured by a mortgage — Mortgage enforcement proceedings — Revaluation of immovable property prior to its sale by auction — Validity of the enforceable instrument — Article 11 — Adequate and effective means to combat unfair commercial practices — National court prohibited from assessing the existence of unfair commercial practices — Impossibility of staying the mortgage enforcement proceedings — Articles 2 and 10 — Code of good conduct — Non-legally binding nature of that code
Request for a preliminary ruling from the Juzgado de Primera Instancia de Cartagena
Language of the case: Spanish
Case C-312/17 Bedi v Bundesrepublik Deutschland and Bundesrepublik Deutschland in Prozessstandschaft für das Vereinigte Königreich von Großbritannien und Nordirland
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(2) — Prohibition of any discrimination on grounds of disability — Collective agreement on social security — Bridging assistance paid to former civilian employees of the Allied forces in Germany — Termination of the payment of that assistance when the recipient becomes entitled to early payment of a retirement pension for disabled persons under the statutory pension scheme
Request for a preliminary ruling from the Landesarbeitsgericht Hamm
Language of the case: German
Case C-310/18 PPU Criminal proceedings against Milev
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in criminal matters — Directive (EU) 2016/343 — Presumption of innocence — Public references to guilt — Remedies — Procedure for reviewing the lawfulness of pre-trial detention
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Joined Cases C-325/18 PPU and C-375/18 PPU Hampshire County Council v C.E. and N.E.
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in matters of parental responsibility — International child abduction — Regulation (EC) No 2201/2003 — Article 11 — Application for return — Hague Convention of 25 October 1980 — Application for a declaration of enforceability — Appeal — Charter of Fundamental Rights of the European Union — Article 47 — Right to an effective remedy — Time limit for bringing the appeal — Order authorising enforcement — Enforcement prior to service of the order
References for a preliminary ruling from the Court of Appeal (Ireland)
Language of the case: English
Case C-327/18 PPU Minister for Justice and Equality v RO
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Grounds for non-execution — Article 50 TEU — Warrant issued by the judicial authorities of a Member State that has initiated the procedure for withdrawal from the European Union — Uncertainty as to the law applicable to the relationship between that State and the Union following withdrawal
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Case C-510/16 Carrefour Hypermarchés and Others v Ministre des Finances et des Comptes publics
Reference for a preliminary ruling — State aid — Article 108(3) TFEU — Regulation (EC) No 794/2004 — Notified aid schemes — Article 4 — Alteration to existing aid — Significant increase in revenue from taxes allocated to financing of aid schemes compared to the projection notified to the European Commission — 20% threshold of the original budget
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-546/16 Montte v Musikene
Reference for a preliminary ruling — Article 267 TFEU — Jurisdiction of the Court — Whether the referring body qualifies as a court or tribunal — Directive 2014/24/EU — Public procurement procedures — Open procedure — Award criteria — Technical evaluation — Minimum score threshold — Price-based evaluation
Request for a preliminary ruling from the Órgano Administrativo de Recursos Contractuales de la Comunidad Autónoma de Euskadi
Language of the case: Spanish
Case C-685/16 EV v Finanzamt Lippstadt
Reference for a preliminary ruling — Articles 63 to 65 TFEU — Free movement of capital — Deduction of taxable profits — Shareholdings of a parent company in a capital company whose management and registered office are located in a non-member State — Dividends distributed to the parent company — Tax deductibility subject to stricter conditions than deduction of profits from shareholdings in a non-tax-exempt capital company governed by national law
Request for a preliminary ruling from the Finanzgericht Münster
Language of the case: German
Case C-51/17 OTP Bank and OTP Faktoring v Ilyés and Kiss
Reference for a preliminary ruling — Consumer protection — Unfair terms — Directive 93/13/EEC — Scope — Article 1(2) — Mandatory statutory or regulatory provisions — Article 3(1) — Concept of ‘contractual term which has not been individually negotiated’ — Term incorporated in the contract after its conclusion following the intervention of the national legislature — Article 4(2) — Plain and intelligible drafting of a term — Article 6(1) — Examination by the national court of its own motion as to whether a term is unfair — Loan contract denominated in a foreign currency concluded between a seller or supplier and a consumer
Request for a preliminary ruling from the Fővárosi Ítélőtábla
Language of the case: Hungarian
Case C-114/17 P Spain v Commission
Appeal — State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less urbanised areas of the Comunidad Autónoma de Castilla-La Mancha (Autonomous Community of Castilla-La Mancha, Spain) — Subsidies granted to operators of digital terrestrial television platforms — Decision declaring the aid incompatible in part with the internal market — Concept of ‘State aid’ — Advantage — Service of general economic interest — Definition — Discretion of the Member States
Language of the case: Spanish
Case C-214/17 Mölk v Mölk
Reference for a preliminary ruling — Judicial cooperation in civil matters — Hague Protocol on the law applicable to maintenance obligations — Article 4(3) — Application for maintenance lodged by the maintenance creditor with the competent authority of the State where the debtor has his habitual residence — Decision which has acquired the force of res judicata — Subsequent application, lodged with the same authority by the debtor, seeking a reduction in the amount of maintenance awarded — Appearance entered by the creditor — Determination of the applicable law
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-343/17 Fremoluc v Agentschap voor Grond- en Woonbeleid voor Vlaams-Brabant (Vlabinvest ABP) and Others
Reference for a preliminary ruling — Fundamental freedoms — Articles 21, 45, 49 and 63 TFEU — Directive 2004/38/EC — Articles 22 and 24 — Right of pre‑emption of a government body on land located in its operating area with a view to developing social housing — Housing allocated on a priority basis to private individuals who ‘have strong social, economic or socio-cultural ties’ with the area in which that body operates — Situation which is confined in all respects within a single Member State — Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel
Language of the case: Dutch
Case C-373/17 P Agria Polska and Others v Commission
Appeal — Competition — Rejection of a complaint by the European Commission — Lack of Union interest
Language of the case: Polish
Case C-448/17 EOS KSI Slovensko v Danko and Danková
Reference for a preliminary ruling — Consumer credit agreement — Directive 93/13/EEC — Unfair terms — Article 4(2) and Article 5 — Obligation to draft terms in plain intelligible language — Article 7 — Actions brought before the courts by persons or organisations having a legitimate interest in protecting consumers against the use of unfair terms — National law making the possibility for a consumer protection association to intervene in the proceedings subject to the consumer’s consent — Consumer credit — Directive 87/102/EEC — Article 4(2) — Obligation to indicate the annual percentage rate in the written agreement — Agreement containing only a mathematical formula for calculating the annual percentage rate without the information necessary to make that calculation
Request for a preliminary ruling from the Krajský súd v Prešove
Language of the case: Slovak
Case C-466/17 Motter v Provincia autonoma di Trento
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Public sector — Secondary school teachers — Employment of fixed-term workers as career civil servants through recruitment based on qualification — Determination of the period of service deemed accrued — Account taken only in part of periods of service completed under fixed-term contracts
Request for a preliminary ruling from the Tribunale di Trento
Language of the case: Italian
Case C-518/17 Rudigier
Reference for a preliminary ruling — Public procurement — Public passenger transport services by rail and by road — Regulation (EC) No 1370/2007 — Article 5(1) — Award of public service contracts — Article 7(2) — Obligation to publish certain information in the Official Journal of the European Union at least one year before the launch of the procedure — Consequences of non-publication — Annulment of the call for tenders — Directive 2014/24/EU — Article 27(1) — Article 47(1) — Directive 2014/25/EU — Article 45(1) — Article 66(1) — Contract notice
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-555/17 2M-Locatel v Skatteministeriet
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Customs Union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Subheadings 8528 71 13 and 8528 71 90 — Apparatus capable of receiving, decoding and processing live TV signals transmitted using internet technology
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-99/17 P Infineon Technologies v Commission
Appeal — Agreements, decisions and concerted practices — European market for smart card chips — Network of bilateral contacts — Exchanges of commercially sensitive information — Challenge of the authenticity of the evidence — Rights of the defence — Restriction of competition ‘by object’ — Single and continuous infringement — Judicial review — Unlimited jurisdiction — Scope — Calculation of the amount of the fine
Language of the case: English
Case C-137/17 Criminal proceedings against Van Gennip and Others
Reference for a preliminary ruling — Directives 2006/123/EC, 2007/23/EC and 2013/29/EU — Placing on the market of pyrotechnic articles — Free movement of pyrotechnic articles compliant with the requirements of those directives — National legislation laying down restrictions on the storage and sale of those articles — Criminal penalties — Twofold authorisation scheme — Directive 98/34/EC — Concept of ‘technical regulation’)
Request for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen
Language of the case: Dutch
Case C-175/17 X v Belastingdienst/Toeslagen (Suspensory effect of the appeal)
Reference for a preliminary ruling — Common policy on asylum and subsidiary protection — Directive 2005/85/EC — Article 39 — Directive 2008/115/EC — Article 13 — Charter of Fundamental Rights of the European Union — Article 18, Article 19(2) and Article 47 — Right to an effective remedy — Principle of non-refoulement — Decision rejecting an application for asylum and imposing an obligation to return — National legislation providing for a second level of jurisdiction — Automatic suspensory effect limited to the action at first instance
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-180/17 X and Y v Staatssecretaris van Veiligheid en Justitie (Suspensory effect of the appeal)
Reference for a preliminary ruling — Common policy on asylum and subsidiary protection — Directive 2013/32/EU — Article 46 — Directive 2008/115/EC — Article 13 — Charter of Fundamental Rights of the European Union — Article 18, Article 19(2) and Article 47 — Right to an effective remedy — Principle of non-refoulement — Decision rejecting an application for international protection and imposing an obligation to return — National legislation providing for a second level of jurisdiction — Automatic suspensory effect limited to the action at first instance
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-513/17 Proceedings brought by Baumgartner
Reference for a preliminary ruling — Transport — Road transport — Regulation (EC) No 561/2006 — Article 19(2), first subparagraph — Administrative penalty for an infringement committed in the Member State of the seat of an undertaking imposed by the competent authorities of another Member State in which the infringement was detected
Request for a preliminary ruling from the Amtsgericht Köln
Language of the case: German
Information (on unpublished decisions)
Case C-717/17 P(I) Minority SafePack - one million signatures for diversity in Europe v Romania and Commission
Appeal — Intervention — Article 40, second paragraph, second sentence, of the Statute of the Court of Justice of the European Union — Dispute between a Member State and an Institution of the European Union — European citizens’ initiative ‘Minority SafePack — one million signatures for diversity in Europe’ — Application for leave to intervene made by the organisers of that European citizens’ initiative — Rejection
Case C-79/17 Proceedings brought by Gmalieva and Others
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Freedom to provide services — Games of chance — Monopoly on games of chance in a Member State — National legislation prohibiting the operation of slot machines without prior authorisation from the administrative authorities
Case C-454/17 P Piessevaux v Council
Appeal — Civil Service — Staff Regulations of Officials of the European Union — Article 11(2) of Annex VIII — Pension rights acquired under a national scheme — Transfer of those rights to the EU pension scheme — Difference in treatment between officials who have had the capital representing their pension rights transferred to the EU scheme before and after the entry into force of new implementing provisions
Case C-472/17 Di Girolamo v Ministero della Giustizia
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Social policy — Fixed-term employment — Magistrates — Manifest inadmissibility
Case C-547/17 P Basic Net v EUIPO
Appeal — EU trade mark — Figurative trade mark representing three vertical stripes — Proof of distinctive character acquired through use
Case C-67/18 P Bilde v Parliament
Case C-90/18 HBOR v Povjerenik za informiranje Republike Hrvatske
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court — Lack of sufficient information concerning the factual and regulatory context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred — Manifest inadmissibility
Case C-136/18 P Hansen v bet365 Group
Appeal — EU trade mark — Article 181 of the Rules of Procedure of the Court of Justice — Invalidity proceedings — Word mark BET 365 — Evidence of the acquisition of distinctive character through use
Case C-150/18 P El Corte Inglés v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — Figurative mark containing the word elements ‘free’ and ‘style’ — Regulation (EC) No 207/2009 — Article 7(1)(c) — Perception by the relevant public — Definitive assessment thereof by the General Court — Article 76 — Facts and evidence produced out of time — Principle of equal treatment — Lack of binding force of previous decisions of the European Union Intellectual Property Office (EUIPO)
Case C-151/18 P El Corte Inglés v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — Word mark FREE STYLE — Regulation (EC) No 207/2009 — Article 7(1)(c) — Perception by the relevant public — Definitive assessment thereof by the General Court — Article 76 — Facts and evidence produced out of time — Principle of equal treatment — Lack of binding force of previous decisions of the European Union Intellectual Property Office (EUIPO)
Case C-184/18 Fazenda Pública v Patrício Teixeira and da Silva Moreira Patrício Teixeira
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Direct taxation — Article 18 TFEU — Principle of non-discrimination — Articles 63, 64 and 65 TFEU — Free movement of capital –Heavier tax burden on capital gains made by non-residents — Restrictions on movements of capital to and from non-Member States
Case C-246/18 P Kondyterska korporatsiia "Roshen" v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of a mark representing a crayfish
Case C-84/18 P Montel v Parliament
Case C-542/17 P Allstate Insurance v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the word mark DRIVEWISE — Dismissal of the application — Regulation (EC) No 207/2009 — Article 7(1)(c) — Article 7(2) — Article 75 — Descriptive character — Neologism composed of elements each of which is descriptive of the characteristics of the goods or services concerned — Intended purpose of the goods or services — Distortion — Duty to state reasons
Case C-248/18 P Krasnyiy oktyabr v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of a mark representing a crayfish
Joined Cases C-208/17 P to C-210/17 P NF and Others v European Council
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU-Turkey statement of the European Council of 18 March 2016 — Application for annulment
Case C-241/17 P Holistic Innovation Institute v REA
Case C-172/17 P ANKO v Commission
Appeal — Arbitration clauses — Pocemon Agreement concluded under the Seventh Framework Programme of the European Community for Research, Technological Development and Demonstration 2007-2013 — Eligible costs — European Commission decision — Obligation to reimburse sums paid — Counter-claim
Case C-173/17 P ANKO v Commission
Appeal — Arbitration clauses — Doc@Hand Agreement concluded under the Seventh Framework Programme of the European Community for Research, Technological Development and Demonstration 2007-2013 — Eligible costs — European Commission decision — Obligation to reimburse sums paid — Counter-claim
Case C-539/17 P Talanton v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Seventh Framework Programme of the European Community for Research, Technological Development and Demonstration 2007-2013 — Grant agreement — Non-eligible costs — European Commission decision on recovery — Action brought by the recipient before the General Court of the European Union on the basis of Article 272 TFEU — Appeal manifestly unfounded
Case C-23/18 P Ccc Event Management v Court of Justice of the European Union
Case C-229/18 P(R) Parliament v Strabag Belgium
Appeal — Order for interim measures — Public works contracts of the European Communities — Tender procedure — Decision rejecting the tender of a tenderer and awarding the contract to other tenderers — Suspension of operation of that decision — Interest in bringing proceedings — No need to adjudicate
Case C-660/15 P-DEP Viasat Broadcasting UK v TV2/Danmark
Taxation of costs
Case C-98/17 P Philips and Philips France v Commission
Appeal — Agreements, decisions and concerted practices — European market for smart card chips — Network of bilateral contacts — Exchanges of commercially sensitive information — Restriction of competition ‘by object’ — Single and continuous infringement — Participation in the infringement and awareness, by a participant in some of the bilateral contacts, of the other bilateral contacts — Judicial review
Case C-422/18 PPU FR v Ministero dell'interno
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Article 99 of the Rules of Procedure of the Court — Area of freedom, security and justice — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Article 46 — Charter of Fundamental Rights of the European Union — Article 18, Article 19(2) and Article 47 — Right to an effective remedy — Decision rejecting an application for international protection — National legislation providing for a second level of jurisdiction — Automatic suspensory effect limited to the action at first instance
October 2018
Case C-207/16 Proceedings brought by Ministerio Fiscal
Reference for a preliminary ruling — Electronic communications — Processing of personal data — Directive 2002/58/EC — Articles 1 and 3 — Scope — Confidentiality of electronic communications — Protection — Article 5 and Article 15(1) — Charter of Fundamental Rights of the European Union — Articles 7 and 8 — Data processed in connection with the provision of electronic communications services — Access of national authorities to the data for the purposes of an investigation — Threshold of seriousness of an offence capable of justifying access to the data
Request for a preliminary ruling from the Audiencia Provincial de Tarragona
Language of the case: Spanish
Case C-73/17 France v Parliament (Exercise of budgetary powers)
Action for annulment — Institutional law — Protocol on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union — European Parliament — Concept of ‘budget session’ held in Strasbourg (France) — Article 314 TFEU — Exercise of budgetary powers during an additional plenary part-session in Brussels (Belgium)
Language of the case: French
Case C-571/16 Kantarev v Balgarska Narodna Banka
Reference for a preliminary ruling — Deposit guarantee schemes — Directive 94/19/EC — Article 1(3)(i) — Article 10(1) — Definition of ‘unavailable deposit’ — Liability of a Member State for harm caused to individuals by breaches of EU law — Sufficiently serious breach of EU law — Procedural autonomy of the Member States — Principle of sincere cooperation — Article 4(3) TEU — Principles of equivalence and effectiveness
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
Case C-652/16 Ahmedbekova and Ahmedbekov v Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite
Reference for a preliminary ruling — Common policy on asylum and subsidiary protection — Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection — Directive 2011/95/EU — Articles 3, 4, 10 and 23 — Applications for international protection lodged separately by family members — Individual assessment — Taking into account threats in respect of a family member in carrying out the individual assessment of the application for international protection of another family member — More favourable standards capable of being retained or introduced by the Member States for the purpose of extending the refugee or subsidiary protection status of a beneficiary of international protection to family members — Assessment of the reasons for persecution — Involvement of an Azerbaijani national in bringing a complaint against her country before the European Court of Human Rights — Common procedural standards — Directive 2013/32/EU — Article 46 — Right to an effective remedy — Full and ex nunc examination — Reasons for persecution or evidence withheld from the determining authority but invoked in the course of an action against the decision taken by that authority
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C-668/16 Commission v Germany
Failure of a Member State to fulfil obligations — Directive 2006/40/EC — Emissions from air-conditioning systems in motor vehicles — Article 5(4) and (5) — Directive 2007/46/EC — Approval of motor vehicles — Articles 12, 29, 30 and 46 — Vehicles not conforming to technical requirements — Responsibility of the national authorities
Language of the case: German
Case C-12/17 Ministerul Justiţiei and Tribunalul Botoşani v Dicu
Reference for a preliminary ruling — Social policy — Organisation of working time — Directive 2003/88/EC — Right to paid annual leave — Directive 2010/18/EU — Revised Framework Agreement on parental leave — Parental leave not regarded as a period of actual work
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
Case C-56/17 Fathi v Predsedatel na Darzhavna agentsia za bezhantsite
Reference for a preliminary ruling — Area of freedom, security and justice — Borders, asylum and immigration — Regulation (EU) No 604/2013 — Article 3 — Determining the Member State responsible for examining an application for international protection made in one of the Member States by a third-country national — Examination of an application for international protection without an express decision on the determination of the Member State responsible for the examination — Directive 2011/95/EU — Articles 9 and 10 — Reasons for persecution based on religion — Evidence — Iranian legislation on apostasy — Directive 2013/32/EU — Article 46(3) — Effective remedy
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C-105/17 Komisia za zashtita na potrebitelite v Kamenova
Reference for a preliminary ruling — Consumer protection — Directive 2005/29/EC — Article 2(b) and (d) — Directive 2011/83/EU — Article 2(2) — Concepts of ‘trader’ and ‘commercial practices’
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
Case C-191/17 Bundeskammer für Arbeiter und Angestellte v ING-DiBa Direktbank Austria
Directive 2007/64/EC — Payment services in the internal market — Concept of ‘payment account’ — Potential inclusion of a savings account enabling its user to make payments and withdrawals by way of a current account opened in his name
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-242/17 L.E.G.O. v GSE and Others
Reference for a preliminary ruling — Environment — Promotion of the use of energy from renewable sources — Bioliquids used for a thermal energy plant — Directive 2009/28/EC — Article 17 — Sustainability criteria for bioliquids — Article 18 — National sustainability certification systems — Implementing Decision 2011/438/EU — Voluntary sustainability certification systems for biofuels and bioliquids approved by the European Commission — National legislation requiring intermediary operators to submit sustainability certificates — Article 34 TFEU — Free movement of goods
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-337/17 Feniks v Azteca Products & Services
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EU) No 1215/2012 — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Special jurisdiction — Article 7(1)(a) — Concept of ‘matters relating to a contract’ — Actio pauliana
Request for a preliminary ruling from the Sąd Okręgowy w Szczecinie
Language of the case: Polish
Case C-379/17 Proceedings brought by Società Immobiliare Al Bosco
Reference for a preliminary ruling — Judicial co-operation in civil matters — Regulation (EC) No 44/2001 — Recognition and enforcement of decisions in civil and commercial matters — Time limit laid down in the law of the Member State addressed for enforcing a preventive attachment order — Applicability of that time limit to a preventive attachment instrument obtained in another Member State and declared enforceable in the Member State in which enforcement is sought
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-384/17 Link Logistik N&N v Budapest Rendőrfőkapitánya
Reference for a preliminary ruling — Approximation of laws — Road transport — Tax provisions — Directive 1999/62/EC — Charging of heavy goods vehicles for the use of certain infrastructures — Toll — Obligation of the Member States to establish effective, proportionate and dissuasive penalties — Flat-rate fine — Principle of proportionality — Direct applicability of the directive
Request for a preliminary ruling from the Szombathelyi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-416/17 Commission v France (Advance payment)
Failure of a Member State to fulfil obligations — Articles 49 and 63 TFEU and the third paragraph of Article 267 TFEU — Series of charges to tax — Difference in treatment according to the Member State of residence of the sub-subsidiary — Reimbursement of the advance payment of tax unduly paid — Requirements relating to the evidence establishing a right to such reimbursement — Capping of the right to reimbursement — Discrimination — National court adjudicating at last instance — Obligation to make a reference for a preliminary ruling
Language of the case: French
Case C-478/17 IQ v JP
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction in matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 15 — Transfer to a court better placed to hear the case — Scope — Article 19 — Lis pendens
Request for a preliminary ruling from the Tribunalul Cluj
Language of the case: Romanian
Case C-167/17 Klohn v An Bord Pleanála
Reference for a preliminary ruling — Environment — Assessment of the effects of certain projects on the environment — Right to challenge a development consent decision — Requirement for a procedure which is not prohibitively expensive — Concept — Temporal application — Direct effect — Effect on a national decision on the taxation of costs which has become final
Request for a preliminary ruling from the Supreme Court
Language of the case: English
Case C-249/17 Ryanair v Revenue Commissioners
Reference for a preliminary ruling — Common system of value added tax (VAT) — Concept of taxable person — Holding company — Deduction of input tax — Expenditure for consultancy services received for the purpose of the acquisition of another company’s shares — Acquiring company’s intention to provide management services to the target company — Those services not provided — Right to deduct VAT charged on the services received
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
Case C-425/17 Günter Hartmann Tabakvertrieb v Stadt Kempten
Reference for a preliminary ruling — Approximation of laws — Manufacture, presentation and sale of tobacco products — Directive 2014/40/EU — Ban on placing tobacco for oral use on the market — Definitions of ‘chewing tobacco’ and ‘tobacco for oral use’ — Paste composed of finely ground tobacco (Thunder Chewing Tobacco) and porous cellulose sachet portions filled with finely ground tobacco (Thunder Frosted Chewing Bags)
Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
Case C-393/18 PPU UD v XB
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in civil matters — Regulation (EC) No 2201/2003 — Article 8(1) — Jurisdiction in matters of parental responsibility — Concept of ‘habitual residence of the child’ — Requirement of physical presence — Detention of the mother and child in a third country against the will of the mother — Infringement of the fundamental rights of the mother and child
Request for a preliminary ruling from the High Court of Justice (England & Wales), Family Division
Language of the case: English
Case C-669/16 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Environment — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Article 4(1) — Annexes II and III — Designation of special areas of conservation (SACs) — Harbour porpoise
Language of the case: English
Case C-100/17 P Gul Ahmed Textile Mills v Council
Appeal — Dumping — Regulation (EC) No 397/2004 — Imports of cotton-type bed linen originating in Pakistan — Continuing interest in bringing proceedings
Language of the case: English
Case C-145/17 P Internacional de Productos Metálicos v Commission
Appeal — Dumping — Imports of certain iron or steel fasteners originating in the People’s Republic of China or consigned from Malaysia — Infringement of the Anti-Dumping Agreement concluded in the World Trade Organisation (WTO) — Repeal of definitive anti-dumping duties already collected — Non-retroactive effect — Fourth paragraph of Article 263 TFEU — Person individually concerned — Regulatory act that does not entail implementing measures
Language of the case: Spanish
Case C-149/17 Bastei Lübbe v Strotzer
Reference for a preliminary ruling — Copyright and related rights — Directive 2001/29/EC — Enforcement of intellectual property rights — Directive 2004/48/EC — Compensation in the event of file-sharing in breach of copyright — Internet connection accessible by members of the owner’s family — Exemption from liability of the owner without the need to specify the nature of the use of the connection by the family member — Charter of Fundamental Rights of the European Union — Article 7
Request for a preliminary ruling from the Landgericht München I
Language of the case: German
Case C-153/17 Commissioners for Her Majesty's Revenue and Customs v Volkswagen Financial Services (UK)
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Articles 168 and 173 — Deduction of input tax — Vehicle hire purchase transactions — Goods and services used for both taxable transactions and exempt transactions — Origin and scope of the right to deduct — Proportional deduction
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
Case C-207/17 Rotho Blaas v Agenzia delle Dogane e dei Monopoli
Reference for a preliminary ruling — Common commercial policy — Definitive anti-dumping duty on imports of certain goods originating in the People’s Republic of China — Anti-dumping duty held to be incompatible with the General Agreement on Tariffs and Trade by the Dispute Settlement Body of the World Trade Organisation (WTO)
Request for a preliminary ruling from the Commissione tributaria di primo grado di Bolzano
Language of the case: Italian
Case C-606/17 IBA Molecular Italy v Azienda ULSS n. 3 and Others
Reference for a preliminary ruling — Public supply contracts — Directive 2004/18/EC — Article 1(2)(a) — Contract awarded outside a public procurement procedure — Definition of ‘contracts for pecuniary interest’ — Definition of ‘public entity’
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-662/17 E. G. v Slovenia
Reference for a preliminary ruling — Asylum policy — Directive 2013/32/EU — Article 46(2) — Appeal against a decision refusing to grant refugee status but granting subsidiary protection status — Admissibility — Lack of a sufficient interest where the subsidiary protection status granted by a Member State offers the same rights and benefits as those offered by the refugee status under Union and national law — Relevance of the applicant’s particular circumstances for the purposes of examining whether the rights and benefits are identical
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
Case C-621/18 Wightman and Others v Secretary of State for Exiting the European Union
Expedited procedure
Request for a preliminary ruling from the Court of Session, Inner House, First Division (Scotland)
Language of the case: English
Case C-124/17 Vossloh Laeis v Stadtwerke München
Reference for a preliminary ruling — Directive 2014/24/EU — Article 57 — Directive 2014/25/EU — Article 80 — Public procurement — Procedure — Exclusion grounds — Maximum duration of the exclusion period — Obligation for the economic operator to collaborate with the contracting authority in order to demonstrate its reliability
Request for a preliminary ruling from the Vergabekammer Südbayern
Language of the case: German
Case C-234/17 XC and Others v Generalprokuratur
Reference for a preliminary ruling — Principles of EU law — Sincere cooperation — Procedural autonomy — Principles of equivalence and effectiveness — National legislation laying down a remedy allowing criminal proceedings to be reheard in the event of infringement of the European Convention for the Protection of Human Rights and Fundamental Freedoms — No obligation to extend that procedure to cases of alleged infringement of the fundamental rights enshrined in EU law
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-595/17 Apple Sales International and Others v MJA
Reference for a preliminary ruling — Area of freedom, security and justice — Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001 — Article 23 — Jurisdiction clause in a distribution contract — Action for damages by the distributor based on the infringement of Article 102 TFEU by the supplier
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C-602/17 Sauvage and Lejeune v État belge
Reference for a preliminary ruling — Freedom of movement for workers — Income received in a Member State other than the Member State of residence — Bilateral convention for the avoidance of double taxation — Allocation of powers of taxation — Member State of residence’s power to tax — Connecting factors
Request for a preliminary ruling from the Tribunal de première instance de Liège
Language of the case: French
Case C-260/17 Anodiki Services EPE v O Evangelismos and Geniko Ogkologiko Nosokomeio Kifisias
Reference for a preliminary ruling — Public procurement — Directive 2014/24/EU — Article 10(g) — Exclusions from its scope — Employment contracts — Definition — Decisions of public hospitals to conclude fixed-term labour contracts for the purposes of catering, the provision of meals and cleaning — Directive 89/665/EEC — Article 1 — Right to an effective remedy
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
Case C-331/17 Sciotto v Fondazione Teatro dell'Opera di Roma
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 5 — Measures to prevent the misuse of successive fixed-term employment contracts or relationships — National legislation excluding the application of those measures in the sector of activity of operatic and orchestral foundations
Request for a preliminary ruling from the Corte d'appello di Roma
Language of the case: Italian
Case C-413/17 Proceedings brought by Roche Lietuva
Reference for a preliminary ruling — Public supply contract for medical diagnostic equipment and materials — Directive 2014/24/EU — Article 42 — Award — Margin of appreciation of the contracting authority — Detailed formulation of the technical specifications
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-451/17 Walltopia v Direktor na Teritorialna direktsia na Natsionalnata agentsia za prihodite
Reference for a preliminary ruling — Social security — Regulation (EC) No 883/2004 — Article 12(1) — Regulation (EC) No 987/2009 — Article 14(1) — Posted workers — Legislation applicable — A1 certificate — Whether the employee is subject to the legislation of the Member State in which his employer is established — Conditions
Request for a preliminary ruling from the Administrativen sad Veliko Tarnovo
Language of the case: Bulgarian
Case C-462/17 Tänzer & Trasper v Altenweddinger Geflügelhof
Reference for a preliminary ruling — Approximation of laws — Regulation (EC) No 110/2008 — Spirit drinks — Definition, description, presentation, labelling and the protection of geographical indications — Category 41 of Annex II — Egg liqueur — Definition — Exhaustive nature of the permissible components
Request for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
Case C-527/17 Proceedings brought by Boston Scientific
Reference for a preliminary ruling — Intellectual and industrial property — Supplementary protection certificate for medicinal products — Regulation (EC) No 469/2009 — Scope — Medical device incorporating as an integral part a substance which, used separately, may be considered to be a medicinal product — Directive 93/42/EEC — Article 1(4) — Concept of ‘administrative authorisation procedure’
Request for a preliminary ruling from the Bundespatentgericht
Language of the case: German
Case C-528/17 Božičevič Ježovnik v Republika Slovenija
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 143(1)(d) — Exemption from import VAT — Importation followed by an intra-Community supply — Risk of tax evasion — Good faith of the taxable importer and supplier — Assessment — Duty of care of the taxable importer and supplier
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
Information (on unpublished decisions)
Case C-411/18 P Romantik Hotels & Restaurants v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — Word mark ROMANTIK — Declaration of invalidity
Case C-599/17 Commission v Spain
Failure of a Member State to fulfil obligations — Implementing Directive (EU) 2015/2392 — Reporting to competent authorities of actual or potential infringements of the market abuse regulation — Failure to communicate or failure to transpose within the prescribed period
Case C-45/18 P Staelen v European Ombudsman
Appeal — Application for revision — Admissibility criteria
Case C-326/18 P Safe Skies v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Regulation (EC) No 207/2009 — Article 52(1)(a) — Invalidity proceedings — Word mark TSA LOCK — Rejection of the application for a declaration of invalidity — Relevant date for the examination of an absolute ground for nullity — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-300/18 P UF v Parliament and Council
Case C-503/17 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Directive 95/60/EC — Fiscal marking of gas oils and kerosene — Refuelling of private pleasure craft
Case C-504/17 Commission v Ireland
Failure of a Member State to fulfil obligations — Taxation of energy products and electricity — Directive 2003/96/EC — Articles 4 and 7 — Application of the minimum levels of taxation applicable to motor fuels — Directive 95/60/EC — Fiscal marking of gas oils and kerosene — Refuelling of private pleasure craft
Case C-353/18 Beny Alex v OUAI
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Public works contracts, public supply contracts and public service contracts — Directive 2014/24/EU — Article 2 — Scope — Concept of ‘contracting authority’ — Private entity in the form of an organisation which makes land improvements and which benefits from non-reimbursable public financing — Article 4 — Threshold amount for public contracts — Contracts which may have some cross-border interest — Request manifestly inadmissible
Case C-301/17 Commission v Romania
Failure of a Member State to fulfil obligations — 2005 Act of Accession — Obligations of the accession States — Environment — Directive 1999/31/EC — Article 14(b) — Operation of landfill sites — Closure of sites which have not been granted a permit to operate a landfill — Closure and after-care procedures
Case C-696/17 P Alex v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Financing of an urban development project — Rejection of a complaint — Action for annulment — Individual concern — Locus standi
Case C-602/18 P Star Television Productions v EUIPO
Appeal — Article 181 Rules of Procedure of the Court of Justice — Language of procedure — Manifest inadmissibility
Case C-296/18 Conseil départemental de l’ordre des chirurgiens-dentistes de la Haute-Garonne v RG
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Directive 2000/31/EC — Information society service — Online advertising — Regulated profession — Dental surgeon — National legislation prohibiting all online advertising
Case C-426/17 Barba Giménez v Carrión Lozano
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Charter of Fundamental Rights of the European Union — Article 47 — Beneficiary of legal aid — Remuneration of legal aid lawyers — Fee scale set by order of the Bar Council — No prior information on fees provided by the lawyer to her client — Complaint as to fees — Examination as to whether terms and practices are unfair — Main dispute — Referral to a competent body — No referral to the referring court — Answers to the questions referred for a preliminary ruling — Utility — None — Manifest inadmissibility
Case C-433/17 P Enercon v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) — Invalidity proceedings — Article 53 — EU colour mark consisting of blended shades of green — Partial declaration of invalidity — Remittal of the case to the Cancellation Division
November 2018
Joined Cases C-569/16 and C-570/16 Stadt Wuppertal v Maria Elisabeth Bauer and Volker Willmeroth v Martina Broßonn
Reference for a preliminary ruling — Social policy — Organisation of working time — Directive 2003/88/EC — Article 7 — Right to paid annual leave — Employment relationship terminated by the death of the worker — National legislation preventing the payment of an allowance to the legal heirs of a worker in lieu of paid annual leave not taken by him — Obligation to interpret national law in conformity with EU law — Charter of Fundamental Rights of the European Union — Article 31(2) — Whether it may be relied upon in a dispute between individuals
Rquests for a preliminary ruling from Bundesarbeitsgericht
Language of the case: German
Case C-619/16 Kreuziger v Land Berlin
Reference for a preliminary ruling — Social policy — Organisation of working time — Directive 2003/88/EC — Article 7 — Right to paid annual leave — National legislation providing for the loss of annual leave not taken and of the payment in lieu thereof, where the worker did not submit a request for leave before the termination of the employment relationship
Request for a preliminary ruling from the Oberverwaltungsgericht Berlin-Brandenburg
Language of the case: German
Joined Cases C-622/16 P to C-624/16 P Scuola Elementare Maria Montessori v Commission, Commission v Scuola Elementare Maria Montessori and Commission v Ferracci
Appeal — State aid — Decision declaring the recovery of State aid incompatible with the internal market to be impossible — Decision finding that there is no State aid — Actions for annulment brought by competitors of beneficiaries of State aid — Admissibility — Regulatory act not entailing implementing measures — Direct concern — Concept of ‘absolute impossibility’ of recovery of State aid incompatible with the internal market — Concept of ‘State aid’ — Concepts of ‘undertaking’ and ‘economic activity’
Language of the case: Italian
Case C-684/16 Max-Planck-Gesellschaft zur Förderung der Wissenschaften v Shimizu
Reference for a preliminary ruling — Social policy — Organisation of working time — Directive 2003/88/EC — Article 7 — Right to paid annual leave — National legislation providing for the loss of annual leave not taken and of the allowance in lieu thereof where an application for leave has not been made by the worker prior to the termination of the employment relationship — Directive 2003/88/EC — Article 7 — Obligation to interpret national law in conformity with EU law — Charter of Fundamental Rights of the European Union — Article 31(2) — Whether it may be relied upon in a dispute between individuals
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-171/17 Commission v Hungary
Failure of a Member State to fulfil obligations — Directive 2006/123/EC — Articles 15 to 17 — Article 49 TFEU — Freedom of establishment — Article 56 TFEU — Freedom to provide services — National mobile payment system — Monopoly
Language of the case: Hungarian
Case C-257/17 C and A v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Jurisdiction of the Court — Directive 2003/86/EC — Right to family reunification — Article 15 — Refusal to grant an autonomous residence permit — National legislation providing for a requirement to pass a civic integration examination
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Joined Cases C-293/17 and C-294/17 Coöperatie Mobilisation for the Environment and Vereniging Leefmilieu v College van gedeputeerde staten van Limburg and College van gedeputeerde staten van Gelderland
Reference for a preliminary ruling — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Special areas of conservation — Article 6 — Appropriate assessment of the implications of a plan or project for a site — National programmatic approach to tackling nitrogen deposition — Concepts of ‘project’ and ‘appropriate assessment’ — Overall assessment prior to individual authorisations for farms which cause nitrogen deposition
Requests for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-380/17 K and B v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Jurisdiction of the Court — Directive 2003/86/EC — Right to family reunification — Article 12 — Failure to comply with the time limit of three months following the grant of international protection — Beneficiary of subsidiary protection status — Rejection of an application for a visa
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-432/17 O'Brien v Ministry of Justice
Reference for a preliminary ruling — Social policy — Directive 97/81/EC — Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Clause 4 — Principle of non-discrimination — Part-time workers — Retirement pension — Calculation of the amount of the pension — Account taken of years of service completed before expiry of the period for transposition of Directive 97/81/EC — Immediate application to the future effects of a situation which arose under the old law
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
Case C-461/17 Holohan and Others v An Bord Pleanála
Reference for a preliminary ruling — Environment — Directive 92/43/EEC — Conservation of natural habitats — Conservation of wild fauna and flora — Road construction project — Appropriate assessment of effects on the environment — Extent of the obligation to state reasons — Directive 2011/92/EU — Assessment of the implications of certain projects — Annex IV, Point 3 — Article 5(3)(d) — Meaning of the concept of ‘main alternatives’
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Case C-484/17 K v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Directive 2003/86/EC — Right to family reunification — Article 15 — Refusal to grant an autonomous residence permit — National legislation providing for a requirement to pass a civic integration
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-544/17 P BPC Lux 2 and Others v Commission
Appeal — State aid — Action for annulment — Admissibility — Aid granted by the Portuguese authorities for the resolution of the financial institution Banco Espírito Santo SA — Creation and capitalisation of a Bridge Bank — Decision of the European Commission declaring the aid compatible with the internal market — Interest in bringing proceedings — Action before the national courts seeking annulment of the decision to put Banco Espírito Santo into resolution
Language of the case: English
Case C-495/17 Cartrans Spedition v Direcţia Generală Regională a Finanţelor Publice Ploieşti and Direcţia Regională a Finanţelor Publice Bucureşti
Request for a preliminary ruling from the Tribunalul Prahova
Language of the case: Romanian
Case C-502/17 C&D Foods Acquisition v Skatteministeriet
Reference for a preliminary ruling — Common system of value added tax (VAT) — Proposed sale of shares in a sub-subsidiary — Expenditure associated with the provision of services acquired for the purposes of that sale — Sale not carried out — Request for a deduction of input tax — Scope of VAT
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
Case C-33/17 Čepelnik v Vavti
Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Restrictions — Services in the internal market — Directive 2006/123/EC — Labour law — Posting of workers in order to carry out construction works — Reporting of workers — Retention and translation of payslips — Suspension of payments — Payment of a security by the recipient of the services — Surety for a possible fine to be imposed on the service provider
Request for a preliminary ruling from the Okrajno Sodišče Pliberk
Language of the case: Slovene
Joined Cases C-47/17 and C-48/17 X and X v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Regulation (EC) No 1560/2003 — Determination of the Member State responsible for examining an application for international protection — Criteria and mechanisms for determination — Request to take charge of or take back an asylum seeker — Negative reply from the requested Member State — Re‑examination request — Article 5(2) of Regulation No 1560/2003 — Time limit for replying — Expiry — Effects)
Requests for a preliminary ruling from the Rechtbank Den Haag zittingsplaats Haarlem
Language of the case: Dutch
Case C-247/17 Raugevicius
Reference for a preliminary ruling — European Union Citizenship — Articles 18 and 21 TFEU — Request to a Member State by a third country seeking extradition of an EU citizen who is a national of another Member State and who has exercised his right to free movement in the first Member State — Request made for the purpose of enforcing a custodial sentence and not for the purpose of prosecution — Prohibition on extradition applied only to own nationals — Restriction on free movement — Justification based on the prevention of impunity — Proportionality
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Case C-310/17 Levola Hengelo v Smilde Foods
Reference for a preliminary ruling — Intellectual property — Harmonisation of certain aspects of copyright and related rights in the information society — Directive 2001/29/EC — Scope — Article 2 — Reproduction rights — Concept of ‘work’ — Taste of a food product
Request for a preliminary ruling from the Gerechtshof Arnhem-Leeuwarden
Language of the case: Dutch
Case C-18/17 Danieli & C. Officine Meccaniche and Others v Regionale Geschäftsstelle Leoben des Arbeitsmarktservice
Reference for a preliminary ruling — Accession of new Member States — Republic of Croatia — Transitional measures — Freedom to provide services — Directive 96/71/EC — Posting of workers — Posting of Croatian and third-country nationals to Austria through the intermediary of an undertaking established in Italy
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-93/17 Commission v Greece
Failure of a Member State to fulfil obligations — State aid — Aid declared unlawful and incompatible with the internal market — Recovery requirement — Judgment of the Court establishing a failure to fulfil its obligations — Undertaking which engages in both civil and military activities — Non-implementation — Essential interests of the security of a Member State — Article 346(1)(b) TFEU — Financial penalties — Periodic penalty payment — Lump sum — Ability to pay — ‘N’ Factor — Factors which are the basis for the assessment of the ability to pay — Gross domestic product — Weighting of votes of the Member State in the Council of the European Union — New voting rules in the Council
Language of the case: Greek
Case C-215/17 NKBM v Republika Slovenija
Reference for a preliminary ruling — Approximation of laws — Re-use of public sector information — Directive 2003/98/EC — Article 1(2)(c), third indent — Prudential requirements for credit institutions and investment firms — Regulation (EU) No 575/2013 — Information to be published by credit institutions and investment firms — Article 432(2) — Exceptions to public disclosure requirements — Information considered commercially sensitive or confidential — Applicability — Credit institutions predominantly owned by the State — National legislation laying down the public nature of certain commercial information held by those institutions
Request for a preliminary ruling from the Vrhovno sodišče
Language of the case: Slovene
Case C-238/17 Renerga v Energijos skirstymo operatorius and Lietuvos energijos gamyba
Reference for a preliminary ruling — Directive 2009/72/EC — Article 3(2), (6) and (15) and Article 36(f) — Internal market in electricity — Hypothetical nature of the questions referred for a preliminary ruling — Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Vilniaus miesto apylinkės teismas
Language of the case: Lithuanian
Case C-296/17 Wiemer & Trachte v Tadzher
Reference for a preliminary ruling — Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 3(1) — International jurisdiction — Action to set a transaction aside — Exclusive jurisdiction of the courts of the Member State within the territory of which insolvency proceedings have been opened
Request for a preliminary ruling from the Varhoven kasatsionen sad
Language of the case: Bulgarian
Case C-342/17 Memoria and Dall'Antonia v Comune di Padova
Reference for a preliminary ruling — Restrictions on freedom of establishment — Jurisdiction of the Court — Admissibility of the request for a preliminary ruling — Purely domestic situation — National legislation prohibiting any profit-making activity relating to the safekeeping of cinerary urns — Proportionality test — Coherence of national rules
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Veneto
Language of the case: Italian
Case C-308/17 Hellenische Republik v Kuhn
Reference for a preliminary ruling — Regulation (EU) No 1215/2012 — Jurisdiction in civil and commercial matters — Scope — Article 1(1) — Concept of ‘civil and commercial matters’ — Bonds issued by a Member State — Involvement of the private sector in the restructuring of public debt of that State — Unilateral and retroactive adjustment of the borrowing terms — Collective action clauses — Action brought against the State by private creditors who hold those bonds as natural persons — Liability of the State for acts and omissions in the exercise of State authority
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-330/17 Verbraucherzentrale Baden-Württemberg v Germanwings
Reference for a preliminary ruling — Regulation (EC) No 1008/2008 — Article 2(18) — Article 23(1) — Transport — Common rules for the operation of air services in the European Union — Information — Indication of the final price to be paid — Inclusion of the air fare in the final price to be paid — Obligation to indicate air fares in euros or local currency — Choice of the relevant local currency — Connecting factors
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-457/17 Maniero v Studienstiftung des deutschen Volkes
Reference for a preliminary ruling — Equal treatment between persons irrespective of racial or ethnic origin — Directive 2000/43/EC — Article 3(1)(g) — Scope — Concept of ‘education’ — The award by a private foundation of scholarships aimed at promoting projects for research and studies abroad — Article 2(2)(b) — Indirect discrimination — Award of scholarships conditional on applicants having first passed the First State Law Examination (Erste Juristische Staatsprüfung)
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-592/17 Skatteministeriet v Baby Dan
Reference for a preliminary ruling — Common Customs Tariff — Combined Nomenclature — Tariff classification — Headings and subheadings 4421, 7326, 7318 15 90, 7318 19 00 and 9403 90 10 — Article specially designed to mount child safety gates — Dumping — Validity of Regulation (EC) No 91/2009 — Imports of certain iron or steel fasteners originating in China — World Trade Organisation (WTO) Anti-Dumping Agreement — Regulation (EC) No 384/96 — Article 3(2) and Article 4(1) — Definition of Community industry
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
Case C-648/17 BTA Baltic Insurance Company v Baltijas Apdrošināšanas Nams
Reference for a preliminary ruling — Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC — Article 3(1) — Concept of ‘use of vehicles’ — Accident involving two vehicles parked in a car park — Material damage to a vehicle caused by a passenger from a neighbouring vehicle opening the vehicle door
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
Case C-619/18 Commission v Poland
Expedited procedure
Language of the case: Polish
Joined Cases C-626/15 and C-659/16 Commission v Council (Antarctic MPAs)
Actions for annulment — Decision of the Permanent Representatives Committee (Coreper) — Decision approving the submission of a reflection paper to an international body — Admissibility — Challengeable act — Exclusive, shared or complementary competence of the European Union — Action of the European Union alone in an international body or participation of the Member States alongside it — Conservation of marine biological resources — Fisheries — Protection of the environment — Research — Marine protected areas (MPAs) — Antarctic Treaty — Convention on the Conservation of Antarctic Marine Living Resources — Weddell Sea and Ross Sea
Language of the case: French
Case C-147/17 Sindicatul Familia Constanţa and Others v Direcţia Generală de Asistenţă Socială şi Protecţia Copilului Constanţa
Reference for a preliminary ruling — Protection of the safety and health of workers — Organisation of working time — Charter of Fundamental Rights of the European Union — Article 31 — Directive 2003/88/EC — Scope — Derogation — Article 1(3) — Directive 89/391/EEC — Article 2(2) — Work performed by foster parents
Request for a preliminary ruling from the Curtea de Apel Constanţa
Language of the case: Romanian
Case C-648/16 Fontana v Agenzia delle Entrate - Direzione provinciale di Reggio Calabria
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 273 — Tax adjustment — Method of calculating the taxable amount by extrapolation — Right to deduct VAT — Presumption — Principles of neutrality and proportionality — National law basing the calculation of VAT on presumed turnover
Request for a preliminary ruling from the Commissione Tributaria Provinciale di Reggio Calabria
Language of the case: Italian
Case C-664/16 Vădan v Agenţia Naţională de Administrare Fiscală – Direcţia Generală de Soluţionare a Contestaţiilor and Direcţia Generală Regională a Finanţelor Publice Braşov - Administraţia Judeţeană a Finanţelor Publice Alba
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Articles 167, 168, 178 and 273 — Scope of the right of deduction — Absence of invoices — Recourse to a court-commissioned expert report — Burden of proof of the right of deduction — Principles of fiscal neutrality and proportionality
Request for a preliminary ruling from the Curtea de Apel Alba Iulia
Language of the case: Romanian
Case C-29/17 Novartis Farma v AIFA and Others
Reference for a preliminary ruling — Medicinal products for human use — Directive 2001/83/EC — Article 3(1) — Article 6 — Directive 89/105/EEC — Regulation (EC) No 726/2004 — Articles 3, 25 and 26 — Repackaging of a medicinal product for use as a treatment not covered by its marketing authorisation (off-label use) — Reimbursement by the national healthcare insurance system
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-245/17 Viejobueno Ibáñez and de la Vara González v Consejería de Educación de Castilla-La Mancha
Reference for a preliminary ruling — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — National legislation which permits the termination of fixed-term employment contracts where the reason for recruitment ceases to apply — Teachers employed for the academic year — Termination of the employment relationship at the end of the teaching period — Organisation of working time — Directive 2003/88/EC
Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha
Language of the case: Spanish
Case C-452/17 Zako v Sanidel
Reference for a preliminary ruling — Self-employed commercial agents — Directive 86/653/EEC — Article 1(2) — Definition of ‘commercial agent’ — Self-employed intermediary performing his activities from the principal’s business premises — Performance of tasks other than those related to the negotiation of sales or the purchase of goods for the principal
Request for a preliminary ruling from the Tribunal de commerce de Liège
Language of the case: French
Case C-619/17 Ministerio de Defensa v de Diego Porras
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Justification — Clause 5 — Measures to prevent abuse arising from the use of successive fixed-term employment contracts or relationships — Compensation in the event of the termination of a permanent employment contract on an objective ground — No compensation on expiry of a fixed-term temporary replacement employment contract
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-713/17 Ayubi v Bezirkshauptmannschaft Linz-Land
Reference for a preliminary ruling — Directive 2011/95/EU — Rules relating to the content of international protection — Refugee status — Article 29 — Social protection — Different treatment — Refuges with temporary right of residence
Request for a preliminary ruling from the Landesverwaltungsgericht Oberösterreich
Language of the case: German
Case C-151/17 Swedish Match v Secretary of State for Health
Reference for a preliminary ruling — Approximation of laws — Manufacture, presentation and sale of tobacco products — Directive 2014/40/EU — Article 1(c) and Article 17 — Prohibition on the placing on the market of tobacco products for oral use — Validity)
Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)
Language of the case: English
Case C-295/17 MEO – Serviços de Comunicações e Multimédia v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Scope — Taxable transactions — Supply for consideration — Distinction between non-taxable damages and interest and the taxable supply of services provided in return for ‘compensation’
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
Case C-575/17 Sofina and Others v Ministre de l'Action et des Comptes publics
Reference for a preliminary ruling — Free movement of capital — Withholding tax on the gross amount of nationally sourced dividends paid to non-resident companies — Deferral of taxation of dividends paid to a resident company in the event of a loss-making year — Difference in treatment — Justification — Comparability — Balanced distribution of the powers of taxation between the Member States — Effective collection of tax — Proportionality — Discrimination
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-625/17 Vorarlberger Landes- und Hypothekenbank v Finanzamt Feldkirch
Reference for a preliminary ruling — Articles 56 and 63 TFEU — Freedom to provide services and free movement of capital — Credit institutions — Stability charge and the special contribution for that charge determined according to the unconsolidated balance sheet total of credit institutions established in Austria — Inclusion of cross-border banking transactions — Exclusion of subsidiaries’ transactions in another Member State — Difference in treatment — Restriction — Justification
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-627/17 ZSE Energia v RG
Reference for a preliminary ruling — Regulation (EC) No 861/2007 — European Small Claims Procedure — Articles 2(1) and 3(1) — Scope — Concept of ‘parties’ — Cross-border disputes
Request for a preliminary ruling from the Okresný súd Dunajská Streda
Language of the case: Slovak
Case C-679/17 Vlaamse Gewest v Huijbrechts
Reference for a preliminary ruling — Free movement of capital — Restrictions — Tax legislation — Inheritance tax — Sustainably managed woodland — Exemption — Protection of wooded areas
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
Cases C-315/18 P(R) and C-315/18 P(R)-R Valencia Club de Fútbol v Commission
Appeal — Order of the court hearing the application for interim measures — State aid — Aid granted by the Spanish authorities to certain football clubs — Guarantee given by a public body in connection with loans to three football clubs in the Autonomous Community of Valencia — Decision declaring the aid to be incompatible with the internal market — Order for recovery — Suspension of operation of a measure — Urgency — Statement of reasons — Effective judicial protection
Language of the case: Spanish
Cases C-334/18 P(R) and C-334/18 P(R)-R Hércules Club de Fútbol v Commission
Appeal — Order of the court hearing the application for interim measures — State aid — Aid granted by the Spanish authorities to certain football clubs — Guarantee given by a public body in connection with loans to three football clubs in the Autonomous Community of Valencia — Decision declaring the aid to be incompatible with the internal market — Order for recovery — Suspension of operation of a measure — Urgency — Statement of reasons — Rights of the defence
Language of the case: Spanish
Joined Cases C-262/17, C-263/17 and C-273/17 Solvay Chimica Italia and Others v Autorità per l'energia elettrica, il gas e il sistema idrico
Reference for a preliminary ruling — Internal market in electricity — Directive 2009/72/EC — Distribution systems — Article 28 — Closed distribution systems — Concept — Exemptions — Limits — Article 32(1) — Third-party access — Article 15(7) and Article 37(6)(b) — Dispatching charges
Requests for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia
Language of the case: Italian
Case C-328/17 Amt Azienda Trasporti e Mobilità and Others v Atpl Liguria - Agenzia regionale per il trasporto pubblico locale and Regione Liguria
Reference for a preliminary ruling — Public procurement — Review procedures — Directive 89/665/EEC — Article 1(3) — Directive 92/13/EEC –Article 1(3) — Right to bring proceedings subject to the condition that a tender was submitted in a procurement procedure
Request for a preliminary ruling from the Tribunale Amministrativo Regionale della Liguria
Language of the case: Italian
Case C-632/17 PKO Bank Polski v Michalski
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Directive 2008/48/EC — Order for payment procedure based on bank ledger excerpts — Impossible for the court, in the absence of an action brought by a consumer, to examine the unfairness of the contractual terms
Request for a preliminary ruling from the Sąd Rejonowy w Siemianowicach Śląskich
Language of the case: Polish
Case C-600/16 P National Iranian Tanker Company v Council
Appeal — Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran — Freezing of funds and economic resources — Annulment of a listing by the General Court — Re-listing — Evidence dating from before the first listing — Facts known before the first listing — Res judicata — Scope — Legal certainty — Protection of legitimate expectations — Effective judicial protection — Reasons for the listing relating to logistical support to the Government of Iran — Scope — Activity of transporting crude oil
Language of the case: English
Case C-248/17 P Bank Tejarat v Council
Appeal — Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran — Freezing of funds and economic resources — Annulment of a listing by the General Court — Re-listing — Reasons for the listing relating to financial support to the Government of Iran and the procurement of prohibited goods and technologies — Scope — Financing of oil and gas projects — Evidence dating from before the first listing — Facts known before the first listing — Article 266 TFEU — Res judicata — Scope — Effective judicial protection
Language of the case: English
Case C-264/17 Mensing v Finanzamt Hamm
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 314 — Article 316 — Article 322 — Special arrangements for works of art — Margin scheme — Taxable dealers — Supply of works of art by the creator or his successors in title — Intra-Community transactions — National tax authorities’ refusal to grant a taxable person the right to opt for application of the margin scheme — Conditions under which applicable — Right to deduct input tax — Works of art, collector’s items and antiques
Request for a preliminary ruling from the Finanzgericht Münster
Language of the case: German
Case C-548/17 Finanzamt Goslar v baumgarten sports & more
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Taxation of professional football player agencies — Payment by instalments and subject to a condition — Chargeable event, chargeability and collection of the tax
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Information (on unpublished decisions)
Case C-730/17 Reich and Lieber v Koninklijke Luchtvaart Maatschappij
Case C-227/18 VE v WD
Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice — Consumer protection — Directive 93/13/EEC — Unfair terms in credit agreements entered into with consumers and which are denominated in a foreign currency — Term relating to foreign exchange risk — Requirement of clear and comprehensible drafting — Essential conditions defined in the contract ‘for information purposes’ — Directive 2008/48/EC — Consequences of errors in a creditworthiness assessment
Case C-308/18 P Schniga v CPVO
Appeal — Community plant variety rights — Application for Community plant variety rights for the plant variety Gala Schnico — Dismissal of the application
Case C-48/18 P Toontrack Music v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — European Union trade mark — Application for registration of the word mark EZMIX — Rejection of the application — Regulation (EC) No 207/2009 — Article 7(1)(b) and (c) — Articles 65, 75 and 76 — Descriptive character — Perception of the relevant public — Right to a hearing — Principle of examination by EUIPO of its own motion — Obligation to state reasons — Distortion — Evidence presented for the first time before the General Court
Case C-334/17 P Estonia v Commission
Appeal — Common organisation of the markets — Amount to be charged for quantities of surplus sugar not eliminated — Decision 2006/776/EC — Request for modification of a final decision of the European Commission — Letter of refusal — Appeal against that letter — Admissibility
Case C-412/18 P King v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Actions for failure to act — Application for a declaration that the European Commission failed to act in not defining its position to the substance of a complaint against the Grand Duchy of Luxembourg
Case C-506/17 Commission v Slovenia
Case C-303/18 P Le Pen v Parliament
Case C-340/17 P Alcohol Countermeasure Systems (International) v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Invalidity proceedings — Declaration of invalidity on the basis of an earlier United Kingdom trade mark — Genuine use — Proof — Effects of the procedure for the withdrawal of the United Kingdom from the European Union on the proceedings before the General Court and the lawfulness of the decision at issue — None
December 2018
Case C-378/17 The Minister for Justice and Equality and Commissioner of An Garda Síochána v Workplace Relations Commission
Reference for a preliminary ruling — Equal treatment in employment — Directive 2000/78/EC — Prohibition of discrimination on grounds of age — Recruitment of police officers — National body established by law in order to ensure enforcement of EU law in a particular area — Power to disapply national legislation that conflicts with EU law — Primacy of EU law
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
Case C-305/17 FENS v Slovenská republika – Úrad pre reguláciu sieťových odvetví
Reference for a preliminary ruling — Free movement of goods — Customs duties — Charges having equivalent effect — Levy on the transmission of electricity generated within the national territory and intended for export — Compatibility of such legislation with the principle of free movement of goods
Request for a preliminary ruling from the Okresný súd Bratislava II
Language of the case: Slovak
Case C-480/17 Montag v Finanzamt Köln-Mitte
Reference for a preliminary ruling — Freedom of establishment — Direct taxation — Income tax — Deductibility of contributions to an occupational pension scheme and to a private pension scheme — Exclusion of non-residents
Request for a preliminary ruling from the Finanzgericht Köln
Language of the case: German
Case C-629/17 J. Portugal Ramos Vinhos v Adega Cooperativa de Borba
Reference for a preliminary ruling — Intellectual property — Trade mark law — Directive 2008/95/EC — Article 3(1)(c) — Grounds for invalidity — Word marks which consist exclusively of signs or indications which may serve in trade to designate the characteristics of goods or services — Other characteristics of goods or services — Production facility for a product — Word mark composed of a sign designating wine products and of a geographical name, constituting a word element of the trade mark proprietor’s business name
Request for a preliminary ruling from the Supremo Tribunal de Justiça
Language of the case: Portuguese
Case C-672/17 Tratave v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Value added tax (VAT) — Taxable amount — Reduction — Principle of fiscal neutrality
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
Case C-675/17 Ministero della Salute v Preindl
Reference for a preliminary ruling — Recognition of professional qualifications — Directive 2005/36/EC — Recognition of the evidence of formal qualifications obtained following periods of partially overlapping training — Host Member State’s powers of investigation
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-292/18 Breyer v Sundair
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Transport — Regulation (EC) No 261/2004 — Right to compensation in the event of flight cancellation — Article 3(5) — Scope — Article 2(a) — Concept of air carrier — Undertaking not yet possessing an operating licence at the date scheduled for the performance of a flight — Question admitting of no reasonable doubt
Request for a preliminary ruling from the Amtsgericht Kassel Zweigstelle Hofgeismar
Language of the case: German
Case C-551/18 PPU IK (Enforcement of an additional sentence)
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and the surrender procedures between Member States — European arrest warrant issued for the purposes of enforcing a custodial sentence — Substance and form — Article 8(1)(f) — Failure to refer to an additional sentence — Validity — Consequences — Effect on detention
Request for a preliminary ruling from Hof van Cassatie
Language of the case: Dutch
Case C-621/18 Wightman and Others v Secretary of State for Exiting the European Union
Reference for a preliminary ruling — Article 50 TEU — Notification by a Member State of its intention to withdraw from the European Union — Consequences of the notification — Right of unilateral revocation of the notification — Conditions
Request for a preliminary ruling from the Court of Session, Inner House, First Division (Scotland)
Language of the case: English
Case C-493/17 Proceedings brought by Weiss and Others
Reference for a preliminary ruling — Economic and monetary policy –– Decision (EU) 2015/774 of the European Central Bank — Validity — Secondary markets public sector asset purchase programme — Articles 119 and 127 TFEU — Powers of the ECB and the European System of Central Banks — Maintenance of price stability — Proportionality — Article 123 TFEU — Prohibition of monetary financing of Member States in the euro area
Request for a preliminary ruling from the Bundesverfassungsgericht
Language of the case: German
Joined Cases C-138/17 P and C-146/17 P European Union v Gascogne Sack Deutschland and Gascogne
Appeal — Actions for damages — Second paragraph of Article 340 TFEU — Excessive duration of the proceedings in two cases before the General Court of the European Union — Damage allegedly suffered by the applicants — Material damage — Bank guarantee charges — Causal link — Default interest — Non-material damage
Language of the case: French
Case C-150/17 P European Union v Kendrion
Appeal — Actions for damages — Second paragraph of Article 340 TFEU — Excessive duration of the proceedings in a case before the General Court of the European Union — Compensation for damage allegedly suffered by the applicant — Material damage — Bank guarantee charges — Causal link — Default interest — Non-material damage
Language of the case: Dutch
Joined Cases C-174/17 P and C-222/17 P European Union v ASPLA and Armando Álvarez
Appeal — Actions for damages — Second paragraph of Article 340 TFEU — Excessive duration of the proceedings in two cases before the General Court of the European Union — Compensation for damage allegedly suffered by the applicants — Material damage — Bank guarantee charges — Causal link — Default interest
Language of the case: Spanish
Case C-298/17 France Télévisions v Playmédia and CSA
Reference for a preliminary ruling — Directive 2002/22/EC — Electronic communications networks and services — Universal service and users’ rights — Undertaking providing an electronic communications network used for the distribution of radio or television broadcasts to the public — Undertaking offering the live streaming of television programmes online — ‘Must carry’ obligation
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-385/17 Hein v Albert Holzkamm
Reference for a preliminary ruling — Social policy — Organisation of working time — Directive 2003/88/EC — Right to paid annual leave — Article 7(1) — Legislation of a Member State under which collective agreements may provide for account to be taken of periods of short-time working when calculating remuneration to be paid in respect of annual leave — Temporal effects of judgments ruling on interpretation
Request for a preliminary ruling from the Arbeitsgericht Verden
Language of the case: German
Case C-412/17 Bundesrepublik Deutschland v Touring Tours und Travel and Sociedad de Transportes
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EU) No 562/2006 — Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Articles 20 and 21 — Abolition of internal border controls in the Schengen area — Checks within the territory of a Member State — Measures having an effect equivalent to border checks — Rules of a Member State requiring a coach travel operator on routes crossing the internal borders of the Schengen area to check passengers’ passports and residence permits — Penalty — Threat to impose a recurring fine
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-492/17 Südwestrundfunk v Rittinger and Others
Reference for a preliminary ruling — State aid — Article 107(1) TFEU — Article 108(3) TFEU — Public broadcasting institutions — Financing — Legislation of a Member State under which all adults possessing a dwelling within the country are required to pay a contribution to public broadcasters
Request for a preliminary ruling from the Landgericht Tübingen
Language of the case: German
Case C-514/17 Ministère public v Sut
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 4(6) — Grounds for optional non-execution of the European arrest warrant — Offence underlying the imposition of a custodial sentence in the issuing Member State being punishable in the executing Member State by fine only
Request for a preliminary ruling from the Cour d'appel de Liège
Language of the case: French
Case C-619/18 R Commission v Poland
Interim relief — Article 279 TFEU — Application for interim measures — Second subparagraph of Article 19(1) TEU — Charter of Fundamental Rights of the European Union — Article 47 — Effective judicial protection — Independence of judges
Language of the case: Polish
Case C-33/17 Čepelnik v Vavti
Request for a preliminary ruling from the Okrajno Sodišče Pliberk
Language of the case: Slovene
Case C-216/17 Autorità Garante della Concorrenza e del Mercato - Antitrust and Coopservice v ASST Vallecamonica-Sebino and Others
Reference for a preliminary ruling — Directive 2004/18/EC — Article 1(5) — Article 32(2) — Award of public works contracts, public supply contracts and public service contracts — Framework agreements — Clause extending the framework agreement to other contracting authorities — Principles of transparency and equal treatment of economic operators — No determination of the quantity covered by subsequent public procurement contracts or determination by reference to the usual requirements of the contracting authorities that are not signatories to the framework agreement — Prohibition
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-219/17 Berlusconi and Fininvest v Banca d'Italia and IVASS
Reference for a preliminary ruling — Approximation of laws — Prudential supervision of credit institutions — Acquisition of a qualifying holding in a credit institution — Procedure governed by Directive 2013/36/EU and by Regulations (EU) No 1024/2013 and No 468/2014 — Composite administrative procedure — Exclusive decision-making power of the European Central Bank (ECB) — Action brought against preparatory acts adopted by the national competent authority — Claim that the force of res judicata attaching to a national decision has been disregarded
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-367/17 S v EA and Others
Reference for a preliminary ruling — Agriculture — Regulation (EC) No 510/2006 — Article 4(2)(e) — Regulation (EU) No 1151/2012 — Article 7(1)(e) — Protection of geographical indications and designations of origin — Application to amend the product specification — Ham originating from the Black Forest, Germany (‘Schwarzwälder Schinken’) — Requirements to package in the area of production — Applicability of Regulation (EC) No 510/2006 or of Regulation (EU) No 1151/2012
Request for a preliminary ruling from the Bundespatentgericht
Language of the case: German
Case C-374/17 Finanzamt B v A-Brauerei
Reference for a preliminary ruling — State aid — Article 107(1) TFEU — Real property transfer tax — Exemption — Transfers in ownership of a property occurring as a result of restructuring procedures carried out within certain groups of companies — Concept of ‘State aid’ — Condition relating to selectivity — Justification
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-375/17 Stanley International Betting and Stanleybet Malta v Ministero dell'Economia e delle Finanze and Agenzia delle Dogane e dei Monopoli
Reference for a preliminary ruling — Articles 49 and 56 TFEU — Freedom of establishment and freedom to provide services — Games of chance — Concession for management of the computerised Lotto and other fixed-odds numerical games according to the sole concessionaire model — Restriction — Overriding reasons in the public interest — Proportionality
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-414/17 AREX CZ v Odvolací finanční ředitelství
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Article 2(1)(b)(i) and (iii) — Article 3(1) — Intra-Community acquisitions of goods subject to excise duties — Article 138(1) and (2)(b) — Intra-Community supply of goods — Chain transactions with a single transport — Transaction to which the transport should be ascribed — Transport under an excise duty suspension arrangement — Impact on the classification of an intra-Community purchase
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-422/17 Szef Krajowej Administracji Skarbowej v Skarpa Travel
Reference for a preliminary ruling — Harmonisation of tax legislation — Common system of value added tax (VAT) — Directive 2006/112/EC — Chargeable event — Special scheme for travel agents — Articles 65 and 308 — Margin obtained by a travel agent — Determination of the margin — Payments on account made before the supply of travel services by the travel agent — Actual cost borne by the travel agent
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-530/17 P Azarov v Council
Appeal — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds and economic resources — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the appellant’s name — Decision by an authority of a third State — Council’s obligation to verify that that decision was taken in accordance with the rights of the defence and the right to effective judicial protection
Language of the case: German
Case C-552/17 Alpenchalets Resorts v Finanzamt München Abteilung Körperschaften
Reference for a preliminary ruling — Taxation — Harmonisation of fiscal legislation — Common system of value added tax (VAT) — Directive 2006/112/EC — Special scheme for travel agents — Supply of a holiday residence rented from other taxable persons — Additional services — Ancillary or principal services — Reduced rate of tax — Accommodation supplied by a travel agent in his own name
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-572/17 Criminal proceedings against Syed
Reference for a preliminary ruling — Copyright and related rights — Directive 2001/29/EC — Article 4(1) — Distribution right — Infringement — Goods bearing a copyrighted motif intended for sale — Storage for commercial purposes — Storage facility separate from place of sale
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
Case C-667/17 Cadeddu v Agenzia delle Entrate - Direzione provinciale di Cagliari and Others
Reference for a preliminary ruling — Regulation (EC) No 1083/2006 — Article 2(4) — Concept of beneficiary — Article 80 — Prohibition on making a deduction or withholding sums paid — Other specific charge or charge with equivalent effect — Concept — Study grant co-financed by the European Social Fund — Treatment as income from employment — Retention on account of income tax increased by additional regional and municipal taxes
Request for a preliminary ruling from the Commissione Tributaria Provinciale di Cagliari
Language of the case: Italian
Case C-17/18 Criminal proceedings against Mailat and Others
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Articles 19 and 29 and Article 135(1)(l) — Transfer of a totality of assets or part thereof — Exemption for lettings of immovable property — Rental contract concerning an immovable property used for commercial purposes and the movable property necessary for that use — Supply of services relating to that immovable property which gave rise to the deduction of VAT — Adjustment
Request for a preliminary ruling from the Tribunalul Mureş
Language of the case: Romanian
Case C-51/18 Commission v Austria
Failure of a Member State to fulfil obligations — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 2(1) — Administrative practice of imposing VAT on the royalty payable to an author of an original work of art on the basis of the resale right
Language of the case: German
Information (on unpublished decisions)
Case C-649/15 P-DEP TV2/Danmark v Viasat Broadcasting UK
Case C-657/15 P-DEP TV2/Danmark v Viasat Broadcasting UK
Case C-233/17 P-REV GX v Commission
Application for revision — Article 159 of the Rules of Procedure — Conditions — Appeal — No reliance on a new fact — Inadmissibility
Case C-118/18 P-INT Hochmann Marketing
Application for interpretation — Inadmissibility
Case C-221/18 P EDF v Commission
Case C-370/18 Uniunea Naţională a Barourilor din România v Holunga
Reference for a preliminary ruling — Article 53(2) of the Rule of Procedure — Article 267 TFEU — Concept of a ‘court or tribunal of a Member State’ — Compulsory nature of its jurisdiction — Manifest inadmissibility of the request for a preliminary ruling
Case C-408/18 P Senetic v EUIPO
Appeal — Article 181 of the Court’s Rules of Procedure — EU trade mark — Figurative mark including the word element ‘hp’ — Invalidity proceedings — Rejection of the application for a declaration of invalidity
Case C-409/18 P Senetic v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Word mark HP — Invalidity proceedings — Rejection of the application for a declaration of invalidity
Case C-491/18 Mennica Wrocławska v Dyrektor Izby Administracji Skarbowej we Wrocławiu
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Articles 168, 178 and 226 — Refusal of the right to deduct — Erroneous designation of goods on invoices
January 2019
Case C-410/17 Proceedings brought by A
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(a) and (c) — Article 14(1) — Article 24(1) — Transactions for consideration — Transactions for consideration constituted partly by services or goods — Demolition contract — Purchase contract for dismantling
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-97/18 Criminal proceedings against ET
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Principle of mutual recognition of confiscation orders — Framework Decision 2006/783/JHA — Article 12(1) and (4) — Law governing the execution — Law of the executing State authorising recourse to imprisonment for the non-execution of the confiscation order — Conformity — Law of the issuing State also authorising recourse to a term of imprisonment — Lack of effect
Request for a preliminary ruling from the Rechtbank Noord-Nederland
Language of the case: Dutch
Case C-169/18 Mahmood and Others v Minister for Justice, Equality and Law Reform
Reference for a preliminary ruling — No need to adjudicate
Request for a preliminary ruling from the Court of Appeal (Ireland)
Language of the case: English
Case C-258/17 E.B. v Versicherungsanstalt öffentlich Bediensteter
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2 — Attempted act of same-sex indecency committed by a civil servant on male minors — Disciplinary sanction adopted in 1975 — Compulsory early retirement accompanied by a reduction in the pension entitlement — Discrimination based on sexual orientation — Effects of the application of Directive 2000/78/EC on the disciplinary sanction — Calculation of the retirement pension paid
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-265/17 P Commission v United Parcel Service
Appeal – Merger control – Acquisition of TNT Express by UPS – Commission Decision declaring a concentration to be incompatible with the internal market and the functioning of the EEA Agreement – Econometric model developed by the Commission – Failure to disclose amendments made to the econometric model – Infringement of the rights of the defence
Language of the case: English
Case C-386/17 Liberato v Grigorescu
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and recognition and enforcement of judgments on maintenance obligations — Regulation (EC) No 44/2001 — Article 5(2) — Article 27 — Article 35(3) — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 19 — Lis pendens — Article 22(a) — Article 23(a) — Non-recognition where the decisions are manifestly contrary to public policy — Article 24 — Prohibition of review of jurisdiction of the court of origin — Ground for the non-recognition based on a breach of the rules of lis pendens — Absence
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-389/17 Proceedings brought by Paysera LT
Reference for a preliminary ruling — Taking up of the business of electronic money institutions — Directive 2009/110/EC — Article 5(2) and (3) — Rules on own funds — Own funds required for the pursuit of activities linked to the issuance of electronic money — Definition of ‘activity linked to the issuance of electronic money’ — Issuance, for the benefit of the seller, of electronic money at par value of the funds received
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-496/17 Deutsche Post v Hauptzollamt Köln
Reference for a preliminary ruling — Customs union — The Union Customs Code — Article 39 — Status of authorised economic operator — Implementing Regulation (EU) 2015/2447 — The second subparagraph of Article 24(1) — Applicant not a natural person — Questionnaire — Collection of personal data — Directive 95/46/EC — Articles 6 and 7 — Regulation (EU) 2016/679 — Articles 5 and 6 — Processing of personal data
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C-310/16 Criminal proceedings against Dzivev and Others
Reference for a preliminary ruling — Value added tax (VAT) — Protection of the European Union’s financial interests — Article 325(1) TFEU — Convention on the protection of the European Communities’ financial interests — Criminal proceedings concerning VAT offences — Principle of effectiveness — Taking of evidence — Interception of telecommunications — Authorisation granted by a court that lacks jurisdiction — Taking those interceptions into consideration as evidence — Provisions of national law — Prohibition
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-168/17 SH v TG
Reference for a preliminary ruling — Common foreign and security policy — Restrictive measures adopted in view of the situation in Libya — A chain of contracts concluded with the aim of issuing a bank guarantee for the benefit of an entity on a list of entities whose funds are to be frozen — Payment of costs arising under counter guarantee agreements — Regulation (EU) No 204/2011 — Article 5 — Definition of ‘funds made available to an entity referred to in Annex III to Regulation No 204/2011’ — Article 12(1)(c) — Definition of ‘a claim under a guarantee’ — Definition of a ‘person or entity acting on behalf of a person referred to in Article 12(1)(a) or (b)’
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-639/17 KPMG Baltics v Ķipars AI
Reference for a preliminary ruling — Settlement finality in payment and securities settlement systems — Directive 98/26/EC — Scope — Concept of ‘transfer order’ — Payment order sent by the holder of an ordinary current account to a credit institution subsequently declared insolvent
Request for a preliminary ruling from the the Augstākā tiesa
Language of the case: Latvian
Case C-74/18 Proceedings brought by A
Reference for a preliminary ruling — Directive 2009/138/EC — Taking-up and pursuit of the business of insurance and reinsurance — Article 13(13) — Definition of ‘Member State in which the risk is situated’ — Company established in one Member State, providing insurance services relating to contractual risks connected with company conversions in another Member State — Article 157 — Member State levying tax on insurance premiums
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-102/18 Proceedings brought by Brisch
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 650/2012 — Article 65(2) — European Certificate of Succession — Application for a certificate — Implementing Regulation (EU) No 1329/2014 — Mandatory or optional nature of the form established by Article 1(4) of Implementing Regulation No 1329/2014
Request for a preliminary ruling from the Oberlandesgericht Köln
Language of the case: German
Case C-193/17 Cresco Investigation v Achatzi
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Article 21 — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 2(2)(a) — Direct discrimination on grounds of religion — National legislation granting certain employees a day’s holiday on Good Friday — Justification — Article 2(5) — Article 7(1) — Obligations of private employers and national courts resulting from the incompatibility of national law with Directive 2000/78
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-218/16 Kubicka v Notariusz Przemysława Bac
Request for a preliminary ruling from Sąd Okręgowy w Gorzowie Wielkopolskim
Language of the case: Polish
Case C-272/17 Zyla v Staatssecretaris van Financiën
Reference for a preliminary ruling — Free movement of workers — Equal treatment — Income tax — Social security contributions — Worker who left the Member State of her employment during the course of the calendar year — Application of the pro rata temporis rule to social security credit
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-387/17 Presidenza del Consiglio dei Ministri v Fallimento Traghetti del Mediterraneo
Reference for a preliminary ruling – State aid – Existing aid and new aid – Classification – Regulation (EC) No 659/1999 – Article 1(b)(iv) and (v) – Principles of legal certainty and protection of legitimate expectations – Applicability – Subsidies granted before the liberalisation of a market initially closed to competition – Action for damages against the Member State brought by a competitor of the beneficiary company
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-419/17 P Deza v ECHA
Appeal — Regulation (EC) No 1907/2006 (REACH Regulation) — Annex XIV — Establishment of a list of substances subject to authorisation — Inclusion in the list of substances identified for eventual inclusion in Annex XIV — Updating of the entry of the substance bis(2-ethylhexyl)phthalate (DEHP) in the list — Misinterpretation and misapplication of the REACH Regulation and of the principle of legal certainty — Distortion of the facts and evidence — Scope of the review
Language of the case: Czech
Case C-430/17 Walbusch Walter Busch v Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main
Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Distance contracts — Article 6(1)(h) — Obligation to provide information on the right of withdrawal — Article 8(4) — Contract concluded through a means of distance communication which allows limited space or time to display the information — Meaning of ‘limited space or time to display the information’ — Brochure inserted in a periodical — Mail order coupon containing a hyperlink referring to information on the right of withdrawal
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-661/17 M.A. and Others v The International Protection Appeals Tribunal and Others
Reference for a preliminary ruling — Asylum policy — Criteria and mechanisms for determining the Member State responsible for examining an application for international protection — Regulation (EU) No 604/2013 — Discretionary clauses — Assessment criteria
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Case C-165/17 Morgan Stanley & Co International v Ministre de l'Économie et des Finances
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Sixth Council Directive 77/388/EEC — Directive 2006/112/EC — Deduction of input tax — Goods and services used for both taxable transactions and exempt transactions (mixed-use goods and services) — Determination of the applicable deductible proportion — Branch established in a Member State other than that of its principal establishment — Expenditure incurred by the branch used exclusively for the transactions of the principal establishment — General costs of the branch used for both its transactions and those of the principal establishment
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-313/17 P Haswani v Council
Appeal — Article 86 of the Rules of Procedure of the General Court — Admissibility — Procedure for modifying the application — Need to modify the pleas in law and arguments — Restrictive measures adopted against the Syrian Arab Republic — List of persons subject to the freezing of funds and economic resources — Inclusion of the applicant’s name
Language of the case: French
Case C-326/17 RDW v X et Y, X and Y v RDW and RDW v Z
Reference for a preliminary ruling — Directive 1999/37/EC — Registration documents for vehicles — Omissions in the registration certificates — Mutual recognition — Directive 2007/46/EC — Vehicles manufactured prior to EU harmonisation of technical requirements — Alterations having an impact on the technical characteristics of the vehicle
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-477/17 Raad van bestuur van de Sociale verzekeringbank v Balandin and Others
Reference for a preliminary ruling — Social security — Regulation (EU) No 1231/2010 — Applicable legislation — A1 certificate — Article 1 — Extension of A1 certificate to nationals of third countries residing legally in the territory of a Member State — Legal residence — Concept
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
Case C-220/17 Planta Tabak v Land Berlin
Reference for a preliminary ruling — Approximation of laws — Validity of Directive 2014/40/EU — Manufacture, presentation and sale of tobacco products — Regulation of ‘ingredients’ — Prohibition of flavoured tobacco products
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C-587/17 P Belgium v Commission
Appeal — European Agricultural Guarantee Fund (EAGF) — Regulation (EC) No 1290/2005 — Regulation (EU) No 1306/2013 — Expenses excluded from financing by the European Union — Unduly paid export refunds — Recovery — Not all judicial remedies were exhausted — No appeal on a point of law following the negative opinion of a lawyer authorised to act before the Cour de cassation (Belgium) — Article 267 TFEU — No reference for a preliminary ruling to the Court of Justice — Negligence on the part of a Member State
Language of the case: French
Joined Cases C-183/17 P and C-184/17 P International Management Group v Commission
Appeal — Development cooperation — EU budget implementation by indirect management — Action for annulment — Admissibility — Challengeable acts — Decision to entrust a budget implementation task to an entity other than the entity initially chosen — Decision not to entrust any new budget implementation tasks to the entity initially chosen — Regulation (EC, Euratom) No 2342/2002 — Article 43 — Delegated Regulation (EU) No 1268/2012 — Article 43 — Definition of ‘international organisation’ — Conditions — Claim for damages
Languages of the case: English and French
Case C-194/17 P Pandalis v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 51(1)(a) and (2) and Article 75 — EU trade mark Cystus — Food supplements not for medical purposes — Partial revocation — Lack of genuine use of the trade mark — Perception of the word ‘cystus’ as a descriptive indication of the main ingredient of the goods concerned — Obligation to state reasons
Language of the case: German
Case C-225/17 P Islamic Republic of Iran Shipping Lines and Others v Council
Appeal — Common foreign and security policy — Restrictive measures taken against the Islamic Republic of Iran — Freezing of funds and economic resources — Annulment of a listing by the General Court of the European Union — Amendment of the criteria governing inclusion on a list of persons and entities whose assets are to be frozen — Re-listing — Evidence dating from before the first listing — Facts known before the first listing — Force of res judicata — Scope — Legal certainty — Protection of legitimate expectations — Principle Non bis in idem — Effective judicial protection
Language of the case: English
Case C-149/18 da Silva Martins v Dekra Claims Services Portugal
Reference for a preliminary ruling — Judicial cooperation in civil matters — Law applicable to non-contractual obligations — Regulation (EC) No 864/2007 (Rome II) — Articles 16 and 27 — Overriding mandatory provisions — Directive 2009/103/EC — Civil liability insurance for motor vehicles — Article 28
Request for a preliminary ruling from the Tribunal da Relação de Lisboa
Language of the case: Portuguese
Case C-373/18 Prosa v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Indirect taxes on the raising of capital — Directive 69/335/EEC — Articles 4 and 7 — Incorporation of a capital company — Stamp duty in force on 1 July 1984 — Subsequent abolition of that stamp duty, followed by its reintroduction
Request for a preliminary ruling from the Tribunal Administrativo e Fiscal de Penafiel
Language of the case: Portuguese
Information (on unpublished decisions)
Case C-533/18 P Emcur v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Opposition proceedings — Application for registration of the word mark EMCURE — Partial rejection of the opposition
Case C-444/18 Proceedings brought by Fluctus and Others
References for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Freedom to provide services — Restrictions — Games of chance — Gambling monopoly in a Member State — Monopolistic advertising practices — Criteria for assessment — Manifest inadmissibility
Case C-415/18 P CBA Spielapparate- und Restaurantbetriebs v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Actions for damages — Failure by the European Commission to initiate proceedings for failure to fulfil obligations under Article 258 TFEU against the Republic of Austria — Refraining of national courts to submit a request for a preliminary ruling to the Court — Manifest lack of jurisdiction of the EU judicature — Action manifestly inadmissible
Case C-463/18 P CeramTec v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Invalidity proceedings — Three-dimensional mark in the shape of a part of a prosthetic hip — Mark consisting in a shade of pink — Withdrawal of applications for declarations of invalidity and closure of the invalidity proceedings — Action of the proprietor of the mark seeking the annulment of decisions closing proceedings — Action declared to be inadmissible by the Board of Appeal
Case C-489/18 Farmland v Földművelésügyi Miniszter
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Direct support schemes — Single payment scheme — Single area payment application — Criteria — Lawful user of agricultural land
Case C-553/18 P Lion's Head Global Partners v EUIPO
Appeal — Article 181 of the Court’s Rules of Procedure — EU trade mark — Opposition proceedings — Word mark Lion’s Head — Application for international registration designating the European Union — Rejection in part of the application for registration — Dismissal of the appeal
Case C-554/18 P Lion's Head Global Partners v EUIPO
Appeal — Article 181 of the Court’s Rules of Procedure — EU trade mark — Opposition proceedings — Figurative mark in black and white containing the word elements ‘lion’s head global partners’ — Rejection in part of the application for registration — Dismissal of the appeal
Case C-162/17 P Poland v EUIPO
Appeal — EU trade mark — Opposition proceedings — Regulation (EC) No 207/2009 — Article 8(1) — Application for registration of the figurative mark including the word element LUBELSKA — Dominant and distinctive element
Case C-600/17 Cipollone v Ministero della Giustizia
Reference for a preliminary ruling — Article 53(2) Rules of Procedure of the Court of Justice — Social policy — Fixed-term work — Justices of the Peace — Manifest inadmissibility
Case C-626/17 Rossi and Others v Ministero della Giustizia
Reference for a preliminary ruling — Article 53(2) Rules of Procedure of the Court of Justice — Social policy — Fixed-term work — Justices of the Peace — Manifest inadmissibility
Case C-577/18 P Kerstens v Commission
Appeal — Civil service — Notes informing the applicant of the resumption of administrative investigations in the context of disciplinary proceedings — Action for annulment — Acts not adversely affecting an official — Actions for damages — Manifest inadmissibility of the action at first instance — Appeal manifestly unfounded
Case C-698/17 P Klement v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 15(1) — Application for revocation of a mark — Three-dimensional mark representing the form of an oven — Genuine use of the mark — Statement of reasons
Joined Cases C-335/18 and C-336/18 Criminal proceedings against AK and EP
References for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Controls of cash entering or leaving the European Union — Regulation (EC) No 1889/2005 — Article 3(1) — Infringement of the obligation to declare — Article 4(2) — Measure to detain — Article 9(1) — Penalties provided for by national law — National legislation providing that, in addition to the imposition of a penalty of a term of imprisonment or a fine in the amount of one fifth of the amount of the undeclared sum, that sum is to be confiscated by the State — Proportionality
Case C-440/18 P Verein Deutsche Sprache v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a Commission decision concerning the alteration of the appearance of the press room in the Berlaymont Building to display only the French and English languages — Refusal to grant full access
Case C-6/18 P Greece v Commission
Appeal — European Agricultural Guarantee Fund (EAGF) — European Agricultural Fund for Rural Development (EAFRD) — Regulation (EC) No 1290/2005 — Financing of the common agricultural policy — Excluded expenditure — Expenditure incurred by the Hellenic Republic
Case C-426/18 P Iordăchescu v Parliament and Others
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Directive 2014/40/EU — Manufacture, presentation and sale of tobacco products and related products — Action for annulment — Failure to observe the time limit for instituting proceedings — Claims for damages — Disregard of the procedural requirements
February 2019
Case C-535/17 NK v BNP Paribas Fortis
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 and Regulation (EC) No 1346/2000 — Scope of those regulations — Bankruptcy of a bailiff — Action brought by the liquidator in charge of administering and liquidating the bankruptcy
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-561/18 Solvay Chemicals v Bundesrepublik Deutschland
Reference for a preliminary ruling — Environment — Scheme for greenhouse gas emission allowance trading within the European Union — Directive 2003/87/EC — Monitoring plan — Regulation (EU) No 601/2012 — Second subparagraph of Article 49(1) — Point 20 of Annex IV — Calculation of the emissions of an installation — Subtraction of carbon dioxide (CO2) transferred — Exclusion of CO2 used in the production of precipitated calcium carbonate — Assessment of the validity of the exclusion
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C-322/17 Bogatu v Minister for Social Protection
Reference for a preliminary ruling — Social security — Regulation (EC) No 883/2004 — Article 67 — Application for family benefits submitted by a person who has ceased to pursue an activity as an employed person in the competent Member State but continues to reside there — Entitlement to family benefits for family members resident in another Member State — Eligibility conditions
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Case C-49/18 Escribano Vindel v Ministerio de Justicia
Reference for a preliminary ruling — Budgetary austerity measures — Reduction of remuneration in the national civil service — Method — Differential impact — Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 2(1) and (2)(b) — Charter of Fundamental Rights of the European Union — Article 21 — Judicial independence — Second subparagraph of Article 19(1) TEU
Request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña
Language of the case: Spanish
Case C-231/18 NK
Reference for a preliminary ruling — Transport — Road transport — Regulation (EC) No 561/2006 — Regulation (EU) No 165/2014 — Obligation to use a tachograph — Exception for vehicles used for the carriage of live animals from farms to local markets and vice versa or from markets to local slaughterhouses
Request for a preliminary ruling from the Oberlandesgericht Oldenburg
Language of the case: German
Case C-492/18 PPU TC
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 12 — Keeping a person in detention — Article 17 — Time limits for adoption of the decision to execute the European arrest warrant — National legislation providing for automatic suspension of detention 90 days after arrest — Interpretation in conformity with EU law — Suspension of time limits — Charter of Fundamental Rights of the European Union — Article 6 — Right to liberty and security — Differing interpretations of national legislation — Clarity and predictability
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-8/19 PPU Criminal proceedings against RH
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in criminal matters — Directive (EU) 2016/343 — Article 4 — Public references to guilt — Pre-trial detention decision — Remedies — Procedure for reviewing the lawfulness of that decision — Observance of the presumption of innocence — Article 267 TFEU — Article 47, second paragraph, of the Charter of Fundamental Rights of the European Union — Right to have a case heard within a reasonable time. — National legislation restricting the powers of the national courts to make a request to the Court of Justice for a preliminary ruling or obliging them to adjudicate without waiting for the answer to that request — Disciplinary sanctions for failure to comply with that legislation
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-434/17 Human Operator v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling — Harmonisation of fiscal legislation — Common system of value added tax (VAT) — Directive 2006/112/EC — Deduction of VAT — Determination of the taxable person liable for VAT — Retroactive application of a derogating measure — Principle of legal certainty
Request for a preliminary ruling from the Zalaegerszegi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-179/18 Rohart v Federale Pensioendienst
Reference for a preliminary ruling — Social security — Pension rights under the national pension scheme for employed persons — Refusal to take into account the period of compulsory military service completed by an official of the European Union after taking up his post — Principle of sincere cooperation
Request for a preliminary ruling from the Arbeidsrechtbank Gent
Language of the case: Dutch
Case C-345/17 Proceedings brought by Buivids
Reference for a preliminary ruling — Processing of personal data — Directive 95/46/EC — Article 3 — Scope — Video recording of police officers carrying out procedural measures in a police station — Publication on a video website — Article 9 — Processing of personal data solely for journalistic purposes — Meaning — Freedom of expression — Protection of privacy
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
Case C-423/17 Staat der Nederlanden v Warner-Lambert Company
Reference for a preliminary ruling — Medicinal products for human use — Directive 2001/83/EC — Article 11 — Generic medicinal products — Summary of product characteristics — Exclusion of references referring to indications or dosage forms still covered by patent law at the time when the generic medicine was marketed
Request for a preliminary ruling from the Gerechtshof Den Haag
Language of the case: Dutch
Case C-531/17 Vetsch Int. Transporte v Zollamt Feldkirch Wolfurt
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/CE — Article 143(1)(d) — Exemptions from VAT on importation — Imports followed by an intra-Community transfer — Subsequent intra-Community supply — Tax evasion — Refusal of the exemption — Conditions
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-554/17 Jonsson v Journal L’Est Républicain
Reference for a preliminary ruling — Judicial cooperation in civil matters — European small claims procedure — Regulation (EC) No 861/2007 — Article 16 — ‘Unsuccessful party’ — Costs of proceedings — Apportionment — Article 19 — Procedural law of the Member States
Request for a preliminary ruling from the Svea hovrätt
Language of the case: Swedish
Case C-562/17 Nestrade v AEAT and TEAC
Reference for a preliminary ruling — Thirteenth Council Directive 86/560/EEC — Arrangements for the refund of value added tax (VAT) — Principles of equivalence and effectiveness — Company not established in the European Union — Preliminary and final decision refusing the refund of VAT — Incorrect VAT identification number
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
Case C-630/17 Milivojević v Raiffeisenbank St. Stefan-Jagerberg-Wolfsberg
Reference for a preliminary ruling — Articles 56 and 63 TFEU — Freedom to provide services — Free movement of capital — National legislation providing that credit agreements featuring international elements concluded with a non-authorised lender are invalid — Regulation (EU) No 1215/2012 — Article 17(1) — Credit agreement concluded by a natural person with a view to the provision of tourist accommodation services — Concept of ‘consumer’ — Article 24, point 1 — Exclusive jurisdiction in matters relating to rights in rem in immovable property — Action for invalidity of a credit agreement and seeking the removal from the land register of the entry of a security interest
Request for a preliminary ruling from the Općinski Sud u Rijeci
Language of the case: Croatian
Case C-54/18 Cooperativa Animazione Valdocco v Consorzio Intercomunale Servizi Sociali di Pinerolo and Azienda Sanitaria Locale To3 di Collegno e Pinerolo
Reference for a preliminary ruling — Public procurement — Review procedures — Directive 89/665/EEC — Articles 1 and 2c — Action brought against decisions to allow tenderers to participate in, or to exclude them from, a tendering procedure — Time limit for applying for review — 30-day time limit — National legislation excluding the possibility to plead the illegality of an admission decision in an action brought against subsequent decisions — Charter of Fundamental Rights of the European Union — Article 47 — Right to effective judicial protection
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte
Language of the case: Italian
Case C-154/18 Horgan and Keegan v Minister for Education & Skills and Others
Reference for a preliminary ruling — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 2(2)(b) — Indirect discrimination on grounds of age — Newly recruited teachers — Date of recruitment — Salary scale and classification on that scale upon recruitment less advantageous than that applicable to teachers already employed as such
Request for a preliminary ruling from the Labour Court (Ireland)
Language of the case: English
Joined Cases C-115/16, C-118/16, C-119/16 and C-299/16 N Luxembourg 1 and Others v Skatteministeriet
Reference for a preliminary ruling — Approximation of laws — Common system of taxation applicable to interest and royalty payments made between associated companies of different Member States — Directive 2003/49/EC — Beneficial owner of the interest and royalties — Article 5 — Abuse of rights — Company established in a Member State and paying to an associated company established in another Member State interest all or almost all of which is then transferred outside the European Union — Subsidiary subject to an obligation to withhold tax on the interest at source
Requests for a preliminary ruling from the Østre Landsret and Vestre Landsret
Language of the case: Danish
Joined Cases C-116/16 and C-117/16 Skatteministeriet v T Danmark and Y Denmark
Reference for a preliminary ruling — Approximation of laws — Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States — Directive 90/435/EEC — Exemption of the profits distributed by companies of a Member State to companies of other Member States — Beneficial owner of the distributed profits — Abuse of rights — Company established in a Member State and paying to an associated company established in another Member State dividends all or almost all of which are then transferred outside the European Union — Subsidiary subject to an obligation to withhold tax on the profits at source
Requests for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-135/17 X v Finanzamt Stuttgart - Körperschaften (Controlled companies established in third countries)
Reference for a preliminary ruling — Free movement of capital — Movement of capital between Member States and third countries — Standstill clause — National legislation of a Member State regarding controlled companies established in third countries — Amendment of that legislation, followed by the reintroduction of the earlier legislation — Income of a company established in a third country derived from the holding of debts owed by a company established in a Member State — Incorporation of that income into the tax base of a taxable person resident for tax purposes in a Member State — Restriction on the free movement of capital — Justification
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-497/17 Oeuvre d’assistance aux bêtes d’abattoirs v Ministre de l'Agriculture et de l'Alimentation and Others
Reference for a preliminary ruling — Article 13 TFEU — Animal welfare — Regulation (EC) No 1099/2009 — Protection of animals at the time of killing — Particular methods of slaughter prescribed by religious rites — Regulation (EC) No 834/2007 — Articles 3 and 14(1)(b)(viii) — Compatibility with organic production — Regulation (EC) No 889/2008 — First paragraph of Article 57 — Organic production logo of the European Union
Request for a preliminary ruling from the Cour administrative d'appel de Versailles
Language of the case: French
Case C-581/17 Wächtler v Finanzamt Konstanz
Reference for a preliminary ruling — Agreement between the European Community and the Swiss Confederation on the free movement of persons — Transfer by a natural person of his domicile from a Member State to Switzerland — Taxation of unrealised capital gains with respect to shares in a company — Direct taxation — Freedom of movement of self-employed persons — Equal treatment
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
Joined Cases C-202/18 and C-238/18 Rimšēvičs and ECB v Latvia
European System of Central Banks — Action based on infringement of the second subparagraph of Article 14.2 of the Statute of the European System of Central Banks and of the European Central Bank — Decision of a national authority suspending the governor of the national central bank from office
Language of the case: Latvian
Case C-563/17 Associação Peço a Palavra and Others v Conselho de Ministros
Reference for a preliminary ruling — Freedom of establishment — Regulation (EC) No 1008/2008 — Air carrier company — Reprivatisation process — Sale of shares representing up to 61% of the share capital — Conditions — Requirement to keep the headquarters and effective management in a Member State — Public service obligations — Requirement to maintain and develop the existing national hub
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-670/17 P Greece v Commission
Appeal — European Agricultural Guidance and Guarantee Fund (EAGGF) — Guidance Section — Reduction of financial assistance — Regulation (EC) No 1260/1999 — Operational programme — Financial corrections — Article 39 — Legal basis — Transitional provisions
Language of the case: Greek
Case C-465/16 P Council v Growth Energy and Renewable Fuels Association
Appeal – Dumping – Implementing Regulation (EU) No 157/2013 – Imports of bioethanol originating in the United States of America – Definitive anti-dumping duty – Country-wide dumping margin – Actions for annulment – Associations representing non-exporting producers and traders/blenders – Locus standi – Direct concern – Individual concern
Language of the case: English
Case C-466/16 P Council v Marquis Energy
Appeal – Dumping – Implementing Regulation (EU) No 157/2013 – Imports of bioethanol originating in the United States of America – Definitive anti-dumping duty – Country-wide dumping margin – Action for annulment – Non-exporting producer – Locus standi – Direct concern
Language of the case: English
Case C-388/17 Konkurrensverket v SJ
Reference for a preliminary ruling — Public procurement procedures in the transport sector — Directive 2004/17/EC — Scope — Article 5 — Activities relating to the provision or operation of networks to provide a service to the public in the field of transport by railways — Award, by a public national railway undertaking providing transport services, of cleaning service contracts for trains belonging to that undertaking — No prior publication
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
Case C-567/17 Bene Factum v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling — Tax provisions — Excise duty — Directive 92/83/EEC — Article 27(1)(b) — Exemptions — Definition of ‘products not for human consumption’ — Assessment criteria
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-579/17 BUAK Bauarbeiter-Urlaubs- u. Abfertigungskasse v Gradbeništvo Korana
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 1(1) — Scope — Civil and commercial matters — Article 1(2) — Matters excluded — Social security — Article 53 — Application for the issue of the certificate certifying that the judgment delivered by the court of origin is enforceable — Judgment relating to a claim for wage supplements regarding annual leave pay that a social security body has against an employer with respect to the posting of workers — Exercise of a judicial function by the court ruling in the case
Request for a preliminary ruling from the Arbeits- und Sozialgericht Wien
Language of the case: German
Case C-9/18 Criminal proceedings against Meyn
Reference for a preliminary ruling — Transport — Directive 2006/126/EC — Mutual recognition of driving licences — Refusal to recognise a driving licence issued in another Member State — Right to drive established on the basis of a driving licence
Request for a preliminary ruling from the Oberlandesgericht Karlsruhe
Language of the case: German
Case C-14/18 P Alfamicro v Commission
Appeal — Arbitration clause — Article 272 TFEU — Concept of a ‘declaratory action’ — Article 263 TFEU — Concept of an ‘administrative decision’ — Grant agreement concluded under the Competitiveness and Innovation Framework Programme (CIP) (2007-2013) — Audit reports finding certain declared costs to be ineligible
Language of the case: Portuguese
Case C-278/18 Sequeira Mesquita v Fazenda Pública
Reference for a preliminary ruling — Value added tax (VAT) — Sixth Directive 77/388/EEC — Exemption — Article 13B(b) — Leasing or letting of immovable property — Meaning — Contract for the transfer of the use of land comprising vineyards for agricultural purposes
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Information (on unpublished decisions)
Case C-710/17 CCC - Consorzio Cooperative Costruzioni v Comune di Tarvisio
Reference for a preliminary ruling — Public works contracts — Directive 2004/18/EC — Article 48(3) — Assessment and verification of the technical capacities of economic operators — National provision which cannot be regarded as a transposition of Directive 2004/18 — No direct and unconditional reference to EU law — No request based on the existence of a certain cross-border interest — Inadmissibility of the request for a preliminary ruling
Case C-510/18 P Prada v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word mark THE RICH PRADA — Partial rejection of the opposition
Case C-571/18 P Pereira v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Civil service — Officials — Non-promotion — Promotion round 2015
Case C-669/18 P Adis Higiene v EUIPO
Appeal — Article 181 of Rules of Procedure of the General Court — EU trade mark — Period allowed for commencing proceedings — Delay — Appeal manifestly unfounded
Case C-505/17 P Groupe Léa Nature v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) and Article 8(5) — Figurative mark containing the word elements ‘SO’BiO ētic’ — EU and national word and figurative marks containing the word element ‘SO…?’ — Opposition by the proprietor — Refusal of registration
March 2019
Case C-349/17 Eesti Pagar v Ettevõtluse Arendamise Sihtasutus and Majandus- ja Kommunikatsiooniministeerium
Reference for a preliminary ruling — State aid — Regulation (EC) No 800/2008 (General block exemption regulation) — Article 8(2) — Aid with an incentive effect — Concept of ‘start of work on the project’ — Powers of the national authorities — Unlawful aid — No decision of the European Commission or of a national court — Obligation on the national authorities to recover unlawful aid on their own initiative — Legal basis — Article 108(3) TFEU — General principle of EU law of protection of legitimate expectations — Decision of the competent national authority granting aid under Regulation No 800/2008 — Knowledge of circumstances excluding the eligibility of the aid application — Creation of a legitimate expectation — None — Limitation — Aid co-financed from a structural fund — Applicable legislation — Regulation (EC, Euratom) No 2988/95 — National legislation — Interest — Obligation to claim interest — Legal basis — Article 108(3) TFEU — Applicable legislation — National rules — Principle of effectiveness
Request for a preliminary ruling from the Tallinna Ringkonnakohus
Language of the case: Estonian
Case C-420/16 P Izsák and Dabis v Commission
Appeal — Law governing the institutions — Citizens’ initiative — Regulation (EU) No 211/2011 — Registration of the proposed citizens’ initiative — Article 4(2)(b) — Condition that the proposed initiative does not manifestly fall outside the framework of the European Commission’s powers to submit a proposal for a legal act for the purpose of implementing the Treaties — Burden of proof — Economic, social and territorial cohesion — Article 174 TFEU — Citizens’ initiative ‘Cohesion policy for the equality of the regions and sustainability of the regional cultures’ — Application for registration — Refusal by the Commission
Language of the case: Hungarian
Case C-643/17 Suez II v Fazenda Pública
Reference for a preliminary ruling — Customs union — Regulation (EEC) No 2913/92 — Article 37 — Community Customs Code — Regulation (EEC) No 2454/93 — Article 313 — Customs status of goods — Presumption of the Community status of goods
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-221/17 Tjebbes and Others v Minister van Buitenlandse Zaken
Reference for a preliminary ruling — Citizenship of the European Union — Article 20 TFEU — Articles 7 and 24 of the Charter of Fundamental Rights of the European Union — Nationalities of a Member State and of a third country — Loss of the nationality of a Member State and of citizenship of the Union by operation of law — Consequences — Proportionality
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-128/17 Poland v Parliament and Council
Action for annulment — Directive (EU) 2016/2284 — Reduction of national emissions of certain atmospheric pollutants — Adoption of EU legal acts — Course of the legislative procedure — Article 4(3) TEU — Principle of sincere cooperation — Actual exercise of the EU legislature’s discretion — Impact assessment — Sufficient assessment of the effects of the contested measure — Article 5(4) TEU — Principle of proportionality — Article 4(2) TEU — Equality of Member States before the Treaties — Article 191(2) TFEU — Environmental policy of the European Union — Consideration of the diversity of the regions of the European Union — Judicial review
Language of the case: Polish
Case C-437/17 Gemeinsamer Betriebsrat EurothermenResort Bad Schallerbach v EurothermenResort Bad Schallerbach
Reference for a preliminary ruling — Free movement of workers — Article 45 TFEU — Regulation (EU) No 492/2011 — Article 7(1) — Prohibition of discrimination on grounds of nationality — Right to paid annual leave based on the seniority of the worker with the employer — Account taken only in part of previous periods of service completed with other employers — Social law — Disparity between the schemes and legislation of the Member States
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-635/17 E. v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Area of freedom, security and justice — Immigration policy — Right to family reunification — Directive 2003/86/EC — Exclusions from the scope of the directive — Article 3(2)(c) — Exclusion of persons benefiting from subsidiary protection — Extension of the right to family reunification to those persons under national law — Jurisdiction of the Court — Article 11(2) — Lack of official documentary evidence of the family relationship — Explanations regarded as insufficiently plausible — Obligations on the authorities of the Member States to take additional steps — Limits
Request for a preliminary ruling from the Rechtbank Den Haag zittingsplaats Haarlem
Language of the case: Dutch
Case C-647/17 Skatteverket v Srf konsulterna
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 53 — Supply of services in respect of admission to educational events– Place of taxable transactions
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
Case C-195/18 Criminal proceedings against B.S. (Malt in the composition of beer)
Reference for a preliminary ruling — Taxation — Excise duties on alcohol and alcoholic beverages — Directive 92/83/EEC — Article 2 — Definition of ‘beer’ — Beverage produced from wort obtained from a mixture containing more glucose than malt — Combined Nomenclature — Heading 2203 (beer made from malt) or 2206 (other fermented beverages)
Request for a preliminary ruling from the Sąd Okręgowy w Piotrkowie Trybunalskim
Language of the case: Polish
Case C-118/17 Dunai v ERSTE Bank Hungary
Reference for a preliminary ruling — Consumer protection — Unfair terms in consumer contracts — Directive 93/13/EEC — Article 1(2) — Article 6(1) — Loan contract denominated in a foreign currency — Exchange difference — Substitution of a legislative provision for an unfair term declared void — Exchange rate risk — Continued existence of the contract after the unfair term has been deleted — National system for a uniform interpretation of law
Request for a preliminary ruling from the Budai Központi Kerületi Bíróság
Language of the case: Hungarian
Case C-399/17 Commission v Czech Republic
Failure of a Member State to fulfil obligations — Regulation (EC) No 1013/2006 — Shipment of waste — Refusal of the Czech Republic to ensure the take-back of the mixture TPS-NOLO (Geobal) shipped from that Member State to Poland — Existence of waste — Burden of proof — Proof
Language of the case: Czech
Case C-449/17 A & G Fahrschul-Akademie v Finanzamt Wolfenbüttel
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 132(1)(i) and (j) — Exemption for certain activities in the public interest — School or university education — Concept — Driving school tuition provided by a driving school
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-557/17 Staatssecretaris van Veiligheid en Justitie v Y.Z. and Others (Fraud in family reunification)
Reference for a preliminary ruling — Right to family reunification — Directive 2003/86/EC — Article 16(2)(a) — Article 17 — Withdrawal of the residence permit of a member of the family of a third-country national — Status of third-country nationals who are long-term residents — Directive 2003/109/EC — Article 9(1)(a) — Loss of that status — Fraud — Lack of knowledge of the fraud
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-695/17 Metirato v Suomen valtio and Eesti Vabariik
Reference for a preliminary ruling — Directive 2010/24/EU — Mutual assistance for the recovery of claims relating to taxes, duties and other measures — Article 13(1) — Article 14(2) — Enforced recovery, by the authorities of the requested Member State, of claims of the applicant Member State — Procedure relating to an application seeking the restitution of those claims to the insolvency estate of a company established in the requested Member State — Defendant in those proceedings — Determination
Request for a preliminary ruling from the Helsingin käräjäoikeus
Language of the case: Finnish
Case C-724/17 Vantaan kaupunki v Skanska Industrial Solutions and Others
Reference for a preliminary ruling — Competition — Article 101 TFEU — Compensation for the damage caused by a cartel prohibited by that article — Determination of the undertakings liable to provide compensation — Succession of legal entities — Concept of ‘undertaking’ — Economic continuity test
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Case C-21/18 Textilis and Keskin v Svenskt Tenn
Reference for a preliminary ruling — EU trade mark — Concept of ‘shape’ — Shape giving substantial value to the goods — Two-dimensional mark — Figurative mark also constituting a work for the purpose of copyright — Regulation (EC) No 207/2009 — Article 7(1)(e)(iii) — Regulation (EU) 2015/2424
Request for a preliminary ruling from the Svea hovrätt
Language of the case: Swedish
Case C-134/18 Vester v Rijksinstituut voor ziekte- en invaliditeitsverzekering
Reference for a preliminary ruling — Social security systems — Invalidity benefits — Articles 45 and 48 TFEU — Freedom of movement for workers — Regulation (EC) No 883/2004 — Different benefit schemes in the Member States — ‘Primary period of incapacity to work’ — Duration — Benefits for incapacity for work — Disadvantages for migrant workers
Request for a preliminary ruling from the Arbeidsrechtbank Antwerpen
Language of the case: Dutch
Case C-174/18 Jacob and Lennertz v Belgian State
Reference for a preliminary ruling — Freedom of movement for workers — Equal treatment — Income tax — Legislation for the avoidance of double taxation — Pension received in a Member State other than that of residence — Method of calculating the exemption in the Member State of residence — Loss of part of the benefit of certain tax advantages
Request for a preliminary ruling from the Tribunal de première instance de Liège
Language of the case: French
Case C-372/18 Ministre de l'Action et des Comptes publics v Dreyer
Reference for a preliminary ruling — Social security — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Regulation (EC) No 883/2004 — Article 3 — Matters covered — Levies on income from assets charged to a French resident insured under the Swiss social security scheme — Levies apportioned for the funding of two benefits administered by the French National Solidarity Fund for Independent Living — Direct and sufficiently relevant link with certain branches of social security — Definition of ‘social security benefit’ — Individual assessment of an applicant’s personal needs — Taking into account the applicant’s resources in calculating the amount of the benefits
Request for a preliminary ruling from the Cour administrative d'appel de Nancy
Language of the case: French
Case C-163/17 Jawo v Bundesrepublik Deutschland
Reference for a preliminary ruling — Area of freedom, security and justice — Dublin system — Regulation (EU) No 604/2013 — Transfer of the asylum seeker to the Member State responsible for examining the application for international protection — Concept of ‘absconding’ — Modalities of extending the time limit for transfer — Article 4 of the Charter of Fundamental Rights of the European Union — Substantial risk of inhuman or degrading treatment on completion of the asylum procedure — Living conditions of beneficiaries of international protection in that Member State
Request for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg
Language of the case: German
Joined Cases C-297/17, C-318/17, C-319/17 and C-438/17 Ibrahim and Others v Bundesrepublik Deutschland and Bundesrepublik Deutschland v Magamadov
Reference for a preliminary ruling — Area of freedom, security and justice — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Article 33(2)(a) — Rejection by the authorities of a Member State of an application for asylum as being inadmissible because of the prior granting of subsidiary protection in another Member State — Article 52 — Scope ratione temporis of that directive — Articles 4 and 18 of the Charter of Fundamental Rights of the European Union — Systemic flaws in the asylum procedure in that other Member State — Systematic rejection of applications for asylum — Substantial risk of suffering inhuman or degrading treatment — Living conditions of those granted subsidiary protection in that other State
Requests for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-444/17 Préfet des Pyrénées-Orientales v Arib and Others
Reference for a preliminary ruling — Area of freedom, security and justice — Border control, asylum and immigration — Regulation (EU) 2016/399 — Article 32 — Temporary reintroduction of border control, by a Member State, at its internal borders — Illegal entry of a third-country national — Equation of internal borders with external borders — Directive 2008/115/EC — Scope — Article 2(2)(a)
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-127/17 Commission v Poland
Failure of a Member State to fulfil obligations — Transport — Directive 96/53/EC — International traffic — Vehicles complying with the limit values for weights and dimensions laid down in that directive — Use of such vehicles, which were registered or put into circulation in one Member State, on the territory of another Member State — Special permit regime — Articles 3 and 7 — 2003 Act of Accession — Transitional arrangements — Point 8.3 of Annex XII
Language of the case: Polish
Joined Cases C-266/17 and C-267/17 Rhein-Sieg-Kreis v Verkehrsbetrieb Hüttebräucker and BVR Busverkehr Rheinland and Rhenus Veniro v Kreis Heinsberg
Reference for a preliminary ruling — Transport — Public passenger transport services by rail and by road — Regulation (EC) No 1370/2007 — Article 5(1) and (2) — Direct award – Contracts for public passenger transport services by bus and tram — Conditions — Directive 2004/17/EC — Directive 2004/18/EC
Requests for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Joined Cases C-350/17 and C-351/17 Mobit v Regione Toscana and Autolinee Toscane v Mobit
Reference for a preliminary ruling — Regulation (EC) No 1370/2007 — Public passenger transport services by rail and by road — Article 5 — Award of public service contracts — Article 5(2) — Direct award — Concept of ‘internal operator’ — Authority exercising similar control — Article 8(2) — Transitional arrangements — Deadline for the expiry of the direct award
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-443/17 Abraxis Bioscience v Comptroller General of Patents
Reference for a preliminary ruling — Medicinal product for human use — Supplementary protection certificate for medicinal products — Regulation (EC) No 469/2009 — Article 3(d) — Conditions for granting — Grant of first authorisation to place the product on the market as a medicinal product — Authorisation covering a product as a medicinal product constituting a new formulation of a known active ingredient
Request for a preliminary ruling from the High Court of Justice (England & Wales), Chancery Division (patents court)
Language of the case: English
Case C-465/17 Falck Rettungsdienste and Falck v Stadt Solingen
Reference for a preliminary ruling — Public procurement — Directive 2014/24/EU — Article 10(h) — Specific exclusions for service contracts — Civil defence, civil protection and danger prevention services — Non-profit organisations or associations — Patient transport ambulance services — Transport by qualified ambulance
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-498/17 Commission v Italy
Failure of a Member State to fulfil obligations — Directive 1999/31/EC — Article 14(b) and (c) — Landfill of waste — Existing landfill sites — Infringement
Language of the case: Italian
Case C-590/17 Pouvin and Dijoux v EDF
Reference for a preliminary ruling — Directive 93/13/EEC — Scope — Article 2(b) and (c) –Concepts of ‘consumer’ and of ‘seller or supplier’ — Finance for the purchase of a home — Mortgage loan granted by an employer to its employee and to his spouse, the jointly and severally liable co-borrower
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-702/17 Unareti v Ministero dello Sviluppo Economico and Others
Reference for a preliminary ruling — Internal market in natural gas –Public service distribution concessions — Early termination of concessions at the end of a transitional period — Reimbursement by the incoming concessionaire to the outgoing concessionaire — Principle of legal certainty
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-245/18 Tecnoservice Int. v Poste Italiane
Reference for a preliminary ruling — Payment services in the internal market — Directive 2007/64/EC — Article 74(2) — Payment order by credit transfer — Incorrect unique identifier provided by the payer — Execution of the payment transaction on the basis of the unique identifier — Liability of the payee’s payment service provider
Request for a preliminary ruling from the Tribunale ordinario di Udine
Language of the case: Italian
Case C-377/16 Spain v Parliament
Actions for annulment — Rules on languages — Selection procedure for contract staff — Call for expressions of interest — Drivers — Function group I — Knowledge of languages — Restriction of the choice of language 2 of the selection procedure to English, French and German — Language of communication — Regulation No 1 — Staff Regulations — Conditions of Employment of Other Servants — Discrimination based on language — Justification — Interests of the service
Language of the case: Spanish
Case C-621/16 P Commission v Italy
Appeal — Rules on languages — Open competition for the recruitment of administrators — Notice of competition — Administrators (AD 5) — Administrators (AD 6) in the field of data protection — Knowledge of languages — Restriction of the choice of language 2 of the competitions to English, French and German — Language of communication with the European Personnel Selection Office (EPSO) — Regulation No 1 — Staff Regulations — Discrimination based on language — Justification — Interests of the service — Judicial review
Language of the case: Italian
Joined Cases C-70/17 and C-179/17 Abanca Corporación Bancaria v García Salamanca Santos and Bankia v Lau Mendoza and Rodríguez Ramírez
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Articles 6 and 7 — Unfair terms in consumer contracts — Accelerated repayment clause of a mortgage loan contract — Declaration that the clause is unfair in part — Powers of the national court when dealing with a term regarded as ‘unfair’ — Replacement of the unfair term with a provision of national law
Requests for a preliminary ruling from the Tribunal Supremo and the Juzgado de Primera Instancia no 1 de Barcelona
Language of the case: Spanish
Case C-129/18 SM v Entry Clearance Officer (Child placed under Algerian kafala)
Reference for a preliminary ruling — Citizenship of the European Union — Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States — Directive 2004/38/EC — Family members of a citizen of the Union — Article 2(2)(c) — ‘Direct descendant’ — Child in permanent legal guardianship under the Algerian kafala (provision of care) system — Article 3(2)(a) — Other family members — Article 7 and Article 24(2) of the Charter of Fundamental Rights of the European Union — Family life — Best interests of the child
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
Case C-620/16 Commission v Germany
Failure of a Member State to fulfil obligations — Article 258 TFEU — Decision 2014/699/EU — Principle of sincere cooperation — Article 4(3) TEU — Admissibility — Effects of the conduct criticised on the expiry date of the time limit set in the reasoned opinion — Ongoing effects on the unity and consistency of the European Union’s international action — Sufficiency of the measures taken by the Member State concerned in order to comply with the reasoned opinion — Vote by the Federal Republic of Germany against the Union position laid down in Decision 2014/699/EU at the 25th session of the Intergovernmental Organisation for International Carriage by Rail (OTIF) Revision Committee and opposition expressed by that Member State against that position and the arrangements for the exercise of voting rights as defined in that decision
Language of the case: German
Case C-680/16 P August Wolff and Remedia v Commission
Appeal — Medicinal products for human use — Directive 2001/83/EC — Article 30(1) — Committee for Medicinal Products for Human Use — Referral of a matter to the committee subject to the absence of a previous national decision — Active substance estradiol — Decision of the European Commission ordering the Member States to revoke or vary marketing authorisations for medicinal products with 0.01% estradiol by weight for topical use
Language of the case: German
Case C-236/17 P Canadian Solar Emea and Others v Council
Appeal — Dumping — Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — Definitive anti-dumping duty — Regulation (EC) No 1225/2009 — Article 3(7) — Article 9(4) — Temporal scope of Regulation (EU) No 1168/2012
Language of the case: English
Case C-237/17 P Canadian Solar Emea and Others v Council
Appeal — Subsidies — Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — Definitive countervailing duty — Regulation (EC) No 597/2009
Language of the case: English
Case C-545/17 Pawlak v Prezes Kasy Rolniczego Ubezpieczenia Społecznego
Reference for a preliminary ruling – Internal market for postal services – Directives 97/67/EC and 2008/6/EC – Article 7(1) – Definition of ‘exclusive or special rights for the establishment and provision of postal services’ – Article 8 – Right of the Member States to organise the registered mail service used in the course of judicial procedures – Time limit for lodging a procedural document before a court – Interpretation of national law in conformity with EU law – Limits – Direct effect relied on by an emanation of a Member State in proceedings between that emanation and an individual
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-578/17 Proceedings brought by Hartwall
Reference for a preliminary ruling — Approximation of laws — Trade marks — Directive 2008/95/EC — Articles 2 and 3(1)(b) — Refusal to register or invalidity — Assessment of distinctive character by reference to the actual situation — Classification of a trade mark — Effect — Colour mark or figurative mark — Graphic representation of a mark submitted as a figurative mark — Conditions for registration — Insufficiently clear and precise graphic representation
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-681/17 slewo v Ledowski
Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Article 6(1)(k) and Article 16(e) — Distance contract — Right of withdrawal — Exceptions — Concept of ‘sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed by the consumer after delivery’ — Mattress whose protective seal has been removed by the consumer after delivery
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-201/18 Mydibel v Belgian State
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Harmonisation of fiscal legislation — Deduction of input tax — Immovable property acquired as capital goods — Sale and lease back — Adjustment of deductions of VAT — Principle of VAT neutrality — Principle of equal treatment
Request for a preliminary ruling from the Cour d'appel de Mons
Language of the case: French
Case C-405/16 P Germany v Commission
Appeal — State aid — Aid granted by certain provisions of the amended German law concerning renewable energy sources (EEG 2012) — Aid supporting renewable electricity and reduced EEG surcharge for energy-intensive users — Decision declaring the aid partially incompatible with the internal market — Concept of State aid — Advantage — State resources — Public control of resources — Measure which can be assimilated to a levy on electricity consumption
Language of the case: German
Joined Cases C-487/17 to C-489/17 Criminal proceedings against Verlezza and Others
Reference for a preliminary ruling — Environment — Directive 2008/98/EC and Decision 2000/532/EC — Waste — Classification as hazardous waste — Waste which may be assigned codes for both hazardous waste and non-hazardous waste
Requests for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-637/17 Cogeco Communications v Sport TV Portugal and Others
Reference for a preliminary ruling — Article 102 TFEU — Principles of equivalence and effectiveness — Directive 2014/104/EU — Article 9(1) — Article 10(2) to (4) — Articles 21 and 22 — Actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union — Effects of national decisions — Limitation periods — Transposition — Temporal application
Request for a preliminary ruling from the Tribunal Judicial da Comarca de Lisboa
Language of the case: Portuguese
Case C-60/18 Tallinna Vesi v Keskkonnaamet
Reference for a preliminary ruling — Environment — Waste — Directive 2008/98/EC — Re-use and recovery of waste — Specific end-of-waste criteria for sewage sludge which has undergone recovery treatment — No defined criteria at European Union or national level
Request for a preliminary ruling from the Tallinna Ringkonnakohus
Language of the case: Estonian
Case C-101/18 Idi v Arcadis
Reference for a preliminary ruling — Coordination of procedures for the award of public works contracts, public supply contracts and public service contracts — Directive 2004/18/EC — Article 45(2), first subparagraph, point (b) — Personal situation of the candidate or tenderer — Possibility for the Member States to exclude from participation in a public contract any operator subject to a procedure for an arrangement with creditors — National legislation providing for the exclusion of persons subject to an ‘ongoing’ procedure for a declaration of admission to an arrangement with creditors, except where the insolvency plan provides for the continuation of the business — Operator having filed an application for an arrangement with creditors, reserving the possibility to submit a plan providing for the continuation of the business
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-275/18 Vinš v Odvolací finanční ředitelství
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Article 131 and Article 146(1)(a) — Exemption for supplies of goods dispatched or transported to a destination outside the European Union — Condition of exemption laid down by national law — Placing of goods under a particular customs procedure — Proof of placing of goods under the export procedure
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Information (on unpublished decisions)
Case C-693/17 P BMB v EUIPO
Appeal — Community design — Regulation (EC) No 6/2002 — Article 25(1)(e) — Invalidity proceedings — Design representing comfit boxes for sweets — Declaration of invalidity
Case C-728/17 P Commission v Brouillard
Appeal — Civil service — Recruitment — Competitions — Conditions for admission — Diplomas and level of education required — Open competition EPSO/AD/306/15 — Pre-selection of candidates on the basis of their applications — Level of education corresponding to full legal education completed in a Belgian, French, or Luxembourg higher-education institution — ‘Master 2’ diploma (master’s degree) in law, economics and management, private law, lawyer-linguist specialism — Issued following ‘accreditation of skills gained through experience’ — Rejection of the application
Case C-392/18 P Bettani v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Article 19, third and fourth paras of the Statute of the European Court of Justice– Article 119(2) and (3), of the Rules of Procedure of the Court of Justice — Applicant being a lawyer and acting by himself before the Court — Appeal manifestly inadmissible
Case C-689/18 XT v Elliniko Dimosio
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Internal taxation — Prohibition of discriminatory taxation — Luxury tax — Motor vehicles — Exemption from tax depending on the date on which the goods first entered into service in the taxing Member State — No account taken of the date on which the goods first entered into service in another Member State
Case C-666/17 P AlzChem v Commission
Appeal — Access to documents — Regulation (EC) No 1049/2001 — Third indent of Article 4(2) — General presumption of confidentiality of documents relating to an investigation procedure in the field of State aid — Scope
Case C-428/17 P Meta Group v Commission
Appeal — Arbitration clause — Grant agreements concluded in the context of the Sixth Framework Programme for Research, Technological Development and Demonstration Activities (2002-2006) — Grant agreements concluded in the context of the Competitiveness and Innovation Framework Programme (2007-2013) — Amounts allegedly owed by the European Commission in relation to the performance of those agreements — Outstanding balance of the total amount of the financial contribution granted to the appellant — Contractual liability
Case C-700/18 P Hungary Restaurant Company and Evolution Gaming Advisory v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for annulment — Article 263, sixth paragraph, TFEU — Starting point of the period prescribed for instituting proceedings — Action brought more than two months after the date of publication of the act concerned in the Official Journal of the European Union — Appeal manifestly unfounded
Case C-293/18 CCOO v UGT and Others
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clauses 2 and 3 — Definition of ‘fixed-term worker’ — Clause 4 — Principle of non-discrimination — Comparability of situations — Justification — Compensation in the event of the termination of a permanent employment contract on an objective ground — No compensation on expiry of a fixed-term pre-doctoral employment contract
Case C-733/18 P Sevenfriday v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the word mark SEVENFRIDAY — Opposition proceedings — Rejection of the application for registration — Regulation (EC) No 207/2009 — Article 8(1)(b) — Appeal manifestly inadmissible
Case C-734/18 P Sevenfriday v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the word mark SEVENFRIDAY — Opposition proceedings — Rejection of the application for registration — Regulation (EC) No 207/2009 — Article 8(1)(b) — Appeal manifestly inadmissible
Case C-755/18 P Shindler and Others v Council
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Institutional law — Withdrawal of the United Kingdom from the European Union — Article 50 TEU — Council Decision authorising the opening of negotiations with the United Kingdom with a view to concluding an agreement determining the terms of withdrawal – Loss of citizenship of the Union — Article 263, fourth para., TFEU — Whether directly concerned
Case C-768/18 P Michal Harvilik - HYDRA v Czech Republic and European Court of Human Rights
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for annulment and for damages — Decision of the European Court of Human Rights concerning the inadmissibility of an action brought against the Czech Republic — Manifest lack of jurisdiction
Joined Cases C-119/18 to C-121/18 Telefónica Móviles España and Others v Tribunal Económico-Administrativo Central
Reference for a preliminary ruling — Directive 2002/20/EC — Article 6(1) and part A of the annex — Authorisation of electronic communications networks and services — Telecommunications operators — Operating in an area greater than an Autonomous Community — Annual financial contribution — Participation in the financing of the Corporación de Radio y Televisión Española
Case C-312/18 P Eco-Bat Technologies and Others v Commission
Appeal — Agreements, decisions and concerted practices — Market for car battery recycling — Decision finding an infringement of Article 101 TFEU and imposing fines — Correcting decision adding the value of purchases of the addressees which were not included in the initial decision — Time limit for bringing an action — Point from which time starts to run — Delay — Inadmissibility
Case C-330/18 P Gollnisch v Parliament
Appeal — European Parliament — Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid
Case C-462/18 P Troszczynski v Parliament
Appeal — European Parliament — Rules governing the expenses and allowances of Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid
Case C-1/19 P(R) JPMorgan Chase and Others v Commission
Appeal — Application for interim measures — Competition — Euro Interest Rate Derivatives sector — European Commission decision establishing an infringement of Article 101 TFEU — Decision 2011/695/EU — Dismissal of an application for confidential treatment of the decision — Information claimed to be confidential — Publication — Principle of the presumption of innocence — Prima facie case
Case C-4/19 P(R) Crédit agricole and Crédit agricole Corporate and Investment Bank v Commission
Appeal — Application for interim measures — Competition — Euro Interest Rate Derivatives sector — European Commission decision establishing an infringement of Article 101 TFEU — Decision 2011/695/EU — Dismissal of an application for confidential treatment of the decision — Information claimed to be confidential — Publication — Principle of the presumption of innocence — Prima facie case
Case C-427/17 Commission v Ireland (System for collecting and treating waste water)
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Collection and treatment of urban waste water — Exceptional circumstances — Best technical knowledge not entailing excessive costs — Principle that the costs should be proportionate — Burden of proof — Means of proof
Case C-144/18 P River Kwai International Food Industry v Council
Appeal — Dumping — Definitive anti-dumping duty on imports of certain prepared or preserved sweetcorn in kernels originating in Thailand — Interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009
April 2019
Joined Cases C-582/17 and C-583/17 Staatssecretaris van Veiligheid en Justitie v H. and R.
Reference for a preliminary ruling — Determination of the Member State responsible for examining an application for international protection — Regulation (EU) No 604/2013 — Article 18(1)(b) to (d) — Article 23(1) — Article 24(1) — Take back procedure — Criteria for determining responsibility — New application lodged in another Member State — Article 20(5) — Ongoing determination process — Withdrawal of the application — Article 27 — Remedies
Requests for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-617/17 Powszechny Zakład Ubezpieczeń na Życie v Prezes Urzędu Ochrony Konkurencji i Konsumentów
Reference for a preliminary ruling — Competition — Article 82 EC — Abuse of a dominant position — Regulation (EC) No 1/2003 — Article 3(1) — Application of national competition law — Decision of a national competition authority to impose one fine on the basis of national law and another on the basis of EU law — Charter of Fundamental Rights of the European Union — Article 50 — Principle of ne bis in idem — Whether applicable
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-266/18 Aqua Med v Skóra
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Article 1(2) — Scope of the directive — Contractual term conferring territorial jurisdiction on the court determined pursuant to the general rules — Article 6(1) — Review of unfairness of the court’s own motion — Article 7(1) — Obligations and powers of the national court
Request for a preliminary ruling from the Sąd Okręgowy w Poznaniu
Language of the case: Polish
Case C-501/17 Germanwings v Pauels
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 5(3) — Compensation to passengers in the event of denied boarding and of cancellation or long delay of flights — Scope — Exemption from the obligation to pay compensation — Notion of ‘extraordinary circumstances’ — Damage to an aircraft tyre caused by a foreign object lying on an airport runway
Request for a preliminary ruling from the Landgericht Köln
Language of the case: German
Case C-558/17 P OZ v EIB
Appeal — Civil service — Staff of the European Investment Bank (EIB) — Sexual harassment — Investigation carried out in the context of the ‘Dignity at work’ programme — Rejection of a complaint alleging harassment — Application for annulment of the decision of the President of the EIB rejecting the complaint — Compensation for damage
Language of the case: English
Case C-699/17 Proceedings brought by Allianz Vorsorgekasse
Reference for a preliminary ruling — Public procurement — Conclusion of accession agreements with an occupational provident fund responsible for managing contributions of occupational solidarity — Conclusion requiring the agreement of employees or their representatives — Directive 2014/24/EU — Articles 49 and 56 TFEU — Principles of equal treatment and of non-discrimination — Obligation of transparency
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-214/18 Proceedings brought by H.W.
Reference for a preliminary ruling — Directive 2006/112/EC — Value added tax (VAT) — Court enforcement officer — Enforcement — Fees laid down by law — Administrative practice of the competent national authorities considering those fees to be inclusive of VAT — Principles of neutrality and proportionality
Request for a preliminary ruling from the Sąd Rejonowy w Sopocie Wydział I Cywilny
Language of the case: Polish
Case C-282/18 P The Green Effort v EUIPO
Appeal — EU trade mark — Appeals procedure — Time limits — Electronic notification — Calculation of time limits
Language of the case: English
Joined Cases C-473/17 and C-546/17 Repsol Butano and DISA Gas v Administración del Estado
Reference for a preliminary ruling — Energy — Liquefied petroleum gas (LPG) sector — Consumer protection — Requirement of general economic interest — Maximum price of a bottle of gas — Home delivery obligation — Article 106 TFEU — Directives 2003/55/EC, 2009/73/EC and 2006/123/EC — Interpretation of the judgment of 20 April 2010, Federutility and Others (C‑265/08, EU:C:2010:205) — Principle of proportionality
Requests for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-483/17 Tarola v Minister for Social Protection
Reference for a preliminary ruling — Citizenship of the Union — Freedom of movement for persons — Directive 2004/38/EC — Right of free movement and residence within the territory of the Member States — Article 7(1)(a) — Employees and self-employed persons — Article 7(3)(c) — Right of residence for more than 3 months — National of a Member State who has worked in an employed capacity in another Member State for a period of 2 weeks — Involuntary unemployment — Retention of the status of worker for no less than 6 months — Entitlement to jobseeker’s allowance
Request for a preliminary ruling from the Court of Appeal (Ireland)
Language of the case: English
Case C-603/17 Bosworth and Hurley v Arcadia Petroleum and Others
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Lugano II Convention — Jurisdiction and recognition and enforcement of judgments in civil and commercial matters — Title II, Section 5 (Articles 18 to 21) — Jurisdiction over individual contracts of employment
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
Case C-638/17 Proceedings brought by Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling — Structure and rates of excise duty applied to manufactured tobacco — Directive 2011/64/EU — Article 4(1)(a) — Concept of ‘cigars or cigarillos’ — Rolls of tobacco with an outer wrapper of natural tobacco which is partially covered by an additional paper layer
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-690/17 ÖKO-Test Verlag v Dr. Rudolf Liebe Nachf.
Reference for a preliminary ruling — Intellectual property — Trade marks — Regulation (EC) No 207/2009 — Article 9(1) — Directive 2008/95/EC — Article 5(1) and (2) — Rights afforded by a trade mark — Individual trade mark consisting of a quality label
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-691/17 PORR Építési Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling — Taxation — Common system of value added tax — Directive 2006/112/EC — Right to deduct value added tax (VAT) paid as input tax — Article 199(1)(a) — Reverse charge procedure — Undue payment of the tax by the recipient of services to the suppliers on the basis of an invoice drawn up incorrectly according to the rules on ordinary taxation — Tax authority’s decision holding that the recipient of services has an outstanding tax liability and refusing a claim for deduction — No examination by the tax authority of the possibility of reimbursement of the tax
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Joined Cases C-29/18, C-30/18 and C-44/18 Cobra Servicios Auxiliares v Sánchez Iglesias and Others
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Concept of ‘employment conditions’ — Comparable situations — Justification — Concept of ‘objective grounds’ — Compensation in the event of termination of an employment contract of indefinite duration on an objective ground — Lesser amount of compensation paid on expiry of an employment contract ‘for a specific task or service’
Requests for a preliminary ruling from the Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
Case C-131/18 Gambietz v Ziegler
Reference for a preliminary ruling — Law on undertakings — Combating late payment in commercial transactions — Directive 2011/7/EU — Article 6 — Compensation for recovery costs — Payment of a fixed sum and of reasonable compensation — Deduction of fixed sum from the costs of instructing a lawyer prior to bringing proceedings before a court
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-254/18 Syndicat des cadres de la sécurité intérieure v Premier ministre and Others
Reference for a preliminary ruling — Directive 2003/88/EC — Organisation of working time — Protection of the safety and health of workers — Maximum weekly working time — Reference period — Rolling or fixed nature — Derogation — Police officers
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-288/18 X v Staatssecretaris van Financiën (Tariff classification – large flat-screen monitors)
Reference for a preliminary ruling – Common Customs Tariff – Classification of goods – Combined Nomenclature – Subheadings 8528 51 00 and 8528 59 40 – LCD flat panel monitors capable of displaying signals from automatic data-processing systems – Agreement on trade in information technology products
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-295/18 Mediterranean Shipping Company (Portugal) - Agentes de Navegação v Banco Comercial Português and Caixa Geral de Depósitos
Reference for a preliminary ruling — Payment services in the internal market — Directive 2007/64/EC — Articles 2 and 58 — Scope — Payment service user — Meaning — Execution of a direct-debit payment order issued by a third party in respect of an account of which that party is not the holder — No authorisation from the holder of the debited account — Unauthorised payment transactions
Request for a preliminary ruling from the Tribunal da Relação do Porto
Language of the case: Portuguese
Case C-464/18 ZX v Ryanair
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Determination of the court having jurisdiction to hear an application for compensation in respect of a delayed flight — Article 7(5) — Operations of a branch — Article 26 — Implied prorogation — Requirement that the defendant enter an appearance
Request for a preliminary ruling from the Juzgado de lo Mercantil n° 1 de Gerona
Language of the case: Spanish
Opinion 1/17 EU-Canada CET Agreement
Opinion pursuant to Article 218(11) TFEU — Comprehensive Economic and Trade Agreement between Canada, of the one part, and the European Union and its Member States, of the other part (CETA) — Investor-State Dispute Settlement (ISDS) — Establishment of a Tribunal and an Appellate Tribunal — Compatibility with primary EU law — Requirement to respect the autonomy of the EU legal order — Level of protection of public interests determined, in accordance with the EU constitutional framework, by the EU institutions –– Equal treatment of Canadian investors and EU investors — Charter of Fundamental Rights of the European Union — Article 20 — Access to the above Tribunals and their independence — Article 47 of the Charter — Financial accessibility — Commitment to guarantee that accessibility for natural persons and small and medium-sized enterprises — External and internal aspects of the requirement of independence — Appointment, remuneration and ethics of the Members — Role of the CETA Joint Committee — Binding interpretations of the CETA determined by that Committee
Language of the case: French
Joined Cases C-297/17, C-318/17, C-319/17 and C-438/17 Ibrahim and Others v Bundesrepublik Deutschland and Bundesrepublik Deutschland v Magamadov
Requests for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-611/17 Italy v Council (Fishing quota for Mediterranean swordfish)
Actions for annulment — Common fisheries policy — Conservation of resources — International Convention for the Conservation of Atlantic Tunas — Total allowable catch (TAC) for Mediterranean swordfish — Regulation (EU) 2017/1398 — Fixing of fishing opportunities for 2017 — Exclusive competence of the European Union — Determination of the reference period — Reliability of the basic facts — Scope of judicial review — Article 17 TEU — Management of the EU’s interests within international bodies — Principle of relative stability — Conditions under which applicable — Principles of non-retroactivity, legal certainty, legitimate expectation and non-discrimination
Language of the case: Italian
Information (on unpublished decisions)
Case C-139/18 P CJ v ECDC
Appeal — Civil service — Member of the contract staff — European Centre for Disease Prevention and Control (ECDC) — Appraisal report — 2011 Appraisal exercise — Application for annulment of the decision closing the appraisal report
Case C-545/18 Proceedings brought by DP and Finanzamt Linz (Austrian legislation on games of chance)
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Principles of EU law — Primacy — National rules requiring the lower courts to follow the interpretation of the higher courts — Restriction of the matters referred to the higher courts to the assessment of points of law and of the pleas raised before the lower courts
Case C-61/16 P-DEP Giant (China) v EBMA
Taxation of costs
Case C-834/18 Rolibérica v Autoridade para as Condições do Trabalho
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Road transport — Regulation (EC) No 561/2006 — Article 4(i) — Concept of ‘week’ — Weekly rest periods — Calculation methods
Case C-646/18 OD v Ryanair
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Determination of the court having jurisdiction to hear an application for compensation in respect of a delayed flight — Article 26 — Implied prorogation — Requirement that the defendant enter an appearance
Case C-657/18 Hrvatska radiotelevizija v TY
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Judicial cooperation in civil matters — Regulation (EC) No 805/2004 — European Enforcement Order — Notaries acting in enforcement proceedings based on an authentic document — Ex parte proceedings — Article 18 TFEU — Reverse discrimination — Lack of connection to EU law — Manifest lack of jurisdiction of the Court
Case C-680/18 HJ v II
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Law applicable to maintenance obligations — Regulation (EC) No 4/2009 — Hague Protocol — Insufficient statement of reasons which led the referring court to have doubts as to the interpretation of EU law — Manifest inadmissibility
Case C-794/18 P Pracsis and Conceptexpo Project v Commission and EACEA
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Public supply contracts — Action for annulment — Concept of a ‘purely confirmatory measure’ — Manifest error of assessment — Distortion of the facts
Case C-26/19 Azienda USL di Modena v Comune di Sassuolo
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — State aid — National health service — Exemption from property tax — Immovable property leased to a commercial company constituted with blended capital active in the health sector in competition with other healthcare establishments exclusively constituted with private capital
May 2019
Case C-598/17 A-Fonds v Inspecteur van de Belastingdienst
Reference for a preliminary ruling — Existing aid and new aid — Concept of new aid — Refund of dividend tax — Scheme widened to companies established outside the Member State concerned — Free movement of capital — Obligations of national courts
Request for a preliminary ruling from the Gerechtshof 's-Hertogenbosch
Language of the case: Dutch
Case C-614/17 Fundación Consejo Regulador de la Denominación de Origen Protegida Queso Manchego v Industrial Quesera Cuquerella and Cuquerella Montagud
Reference for a preliminary ruling — Agriculture — Regulation (EC) No 510/2006 — Article 13(1)(b) — Protection of geographical indications and designations of origin for agricultural products and foodstuffs — Manchego cheese (‘queso manchego’) — Use of signs capable of evoking the region with which a protected designation of origin (PDO) is associated — Concept of the ‘average consumer who is reasonably well informed and reasonably observant and circumspect’ — European consumers or consumers of the Member State in which the product covered by the PDO is made and mainly consumed
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-694/17 Pillar Securitisation v Arnadottir
Reference for a preliminary ruling — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Lugano II Convention — Article 15 — Contract concluded by a consumer — Relationship with Directive 2008/48/EC — Consumer credit agreements — Articles 2 and 3 — Concepts of ‘consumer’ and of ‘transactions covered by the directive’ — Maximum amount of credit — Irrelevant for the purposes of Article 15 of the Lugano II Convention
Request for a preliminary ruling from the Cour de cassation (Luxembourg)
Language of the case: French
Case C-98/18 T. Boer & Zonen v Staatssecretaris van Economische Zaken
Reference for a preliminary ruling — Protection of health — Hygiene package — Regulation (EC) No 853/2004 — Hygiene of food of animal origin — Rules for food business operators — Specific requirements — Meat of domestic ungulates — Storage and transport — Requirements for the temperature of the meat
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
Case C-133/18 Sea Chefs Cruise Services v Ministre de l'Action et des Comptes publics
Reference for a preliminary ruling — Value added tax (VAT) — Refund of VAT — Directive 2008/9/EC — Article 20 — Request for additional information made by the Member State of refund — Information to be provided within 1 month of the date on which the request reaches the person to whom it is addressed — Legal nature of that time limit and consequences of the failure to comply with it
Request for a preliminary ruling from the Tribunal administratif de Montreuil
Language of the case: French
Case C-224/18 Budimex v Minister Finansów
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 66 — Chargeable event and chargeability of the tax — Time of the supply of the services — Construction and installation work — Taking into account the time of the acceptance of the work stipulated in the contract for the supply of services
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-225/18 Grupa Lotos v Minister Finansów
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Deduction of input tax — Sixth Directive 77/388/EEC — Article 17(2) and (6) — Directive 2006/112/EC — Articles 168 and 176 — Exclusion from the right to deduct — Purchase of overnight accommodation and catering services — Standstill clause — Accession to the European Union
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-259/18 Sociedad Estatal Correos y Telégrafos v Asendia Spain
Reference for a preliminary ruling — Directive 97/67/EC — Common rules for the development of the internal market in postal services — Provision of the universal postal service — Exclusive rights of the designated operator — Issue of means of payment for postage other than postage stamps
Request for a preliminary ruling from the Juzgado de lo Mercantil de Madrid
Language of the case: Spanish
Case C-265/18 Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos v Jarmuškienė
Reference for a preliminary ruling — Harmonisation of fiscal legislation — Common system of value added tax (VAT) — Directive 2006/112/EC — Special scheme for small enterprises — Articles 282 to 292 — VAT exemption for small enterprises whose annual turnover is below the fixed threshold — Simultaneous supply of two items of immovable property in a single transaction — Annual turnover limit exceeded in view of the sale price of one of the two items of property — Obligation to pay tax on the total value of the transaction
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-268/18 Onlineshop v ANAF and Direcţia Generală a Vămilor
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Subheadings 8526 91 20 and 8528 59 00 — Multi-functional GPS navigation system
Request for a preliminary ruling from the Curtea de Apel Bacău
Language of the case: Romanian
Case C-294/18 Proceedings brought by Oulun Sähkönmyynti
Reference for a preliminary ruling — Energy efficiency — Directive 2012/27/EU — Article 11(1) — Cost of access to metering and billing information — Right of final customers to receive all their bills and billing information relating to their energy consumption free of charge — Electricity network charges — Discount on electricity network charges granted by an electricity retail sales company to customers who have chosen electronic billing
Request for a preliminary ruling from the Markkinaoikeus
Language of the case: Finnish
Case C-309/18 Lavorgna v Comune di Montelanico and Others
Reference for a preliminary ruling — Public procurement — Directive 2014/24/EU — Labour costs — Automatic exclusion of tenderer where those costs were not listed separately in the tender — Principle of proportionality
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-431/17 Monachos Eirinaios v Dikigorikos Syllogos Athinon
Reference for a preliminary ruling — Directive 98/5/EC — Access to the profession of lawyer — Monk who has obtained the professional qualification of lawyer in a Member State other than the host Member State — Article 3(2) — Condition requiring registration with the competent authority of the host Member State — Certificate attesting to registration with the competent authority of the home Member State — Refusal to register — Rules of professional conduct — Incompatibility of the status of monk with practice of the profession of lawyer
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
Case C-24/17 Österreichischer Gewerkschaftsbund v Republik Österreich
Reference for a preliminary ruling — Social policy — Prohibition of all discrimination on grounds of age — Directive 2000/78/EC — Exclusion of professional experience obtained before the age of 18 — New system of remuneration and advancement — Maintenance of the difference in treatment — Freedom of movement for workers — Article 45 TFEU — Regulation (EU) No 492/2011 — Article 7(1) — National legislation providing for account to be taken of a proportion of previous periods of service
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-396/17 Leitner v Landespolizeidirektion Tirol
Reference for a preliminary ruling — Social policy — Prohibition of all discrimination on grounds of age — Directive 2000/78/EC — Exclusion of professional experience acquired before the age of 18 — New system of remuneration and advancement — Maintaining a difference in treatment — Right to an effective remedy — Article 47 of the Charter of Fundamental Rights of the European Union — Justifications
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-450/17 P Landeskreditbank Baden-Württemberg v ECB
Appeal — Economic and monetary policy — Regulation (EU) No 1024/2013 — Article 6(4) — Regulation (EU) No 468/2014 — Article 70(1) — Prudential supervision of credit institutions — Tasks conferred on the European Central Bank (ECB) — Single supervisory mechanism — Performance of those tasks by the national competent authorities — ‘Less significant’ credit institution — ‘Particular circumstances’ justifying a credit institution being considered ‘less significant’
Language of the case: German
Case C-494/17 MIUR v Rossato and Conservatorio di Musica F.A. Bonporti
Reference for a preliminary ruling — Social policy — Fixed-term work — Contracts concluded with a public sector employer — Measures to penalise misuse of fixed-term employment contracts — Conversion of the employment relationship into a relationship of indefinite duration — Limitation on the retroactive effect of the conversion –No financial remedies
Request for a preliminary ruling from the Corte di Appello di Trento
Language of the case: Italian
Case C-566/17 Związek Gmin Zagłębia Miedziowego v Szef Krajowej Administracji Skarbowej
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 168(a) — Deduction of input tax — Principle of VAT neutrality — Taxable person carrying out both economic and non-economic activities — Goods and services acquired for the purpose of carrying out both transactions subject to VAT and transactions not subject to VAT — Lack of apportionment criteria in national legislation — Principle of fiscal legality
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu
Language of the case: Polish
Case C-568/17 Staatssecretaris van Financiën v Geelen
Reference for a preliminary ruling — Value added tax (VAT) — Sixth Directive 77/388/EEC — Article 9(2)(c) and (e) — Directive 2006/112/EC — Article 52(a) — Article 56(1)(k) — Supply of services — Place of taxable transactions — Reference for tax purposes — Live interactive erotic webcam sessions — Entertainment activity — Definition — Place where the services are physically carried out
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-580/17 Järvelaev v Põllumajanduse Registrite ja Informatsiooni Amet
Reference for a preliminary ruling — Common agricultural policy — Support for rural development by the European Agricultural Fund for Rural Development (EAFRD) — Regulation (EC) No 1698/2005 — Applicability ratione temporis — Article 72 — Durability of investment operations — Substantial modification to a co-financed investment operation — Asset acquired by means of an investment operation co-financed by the EAFRD and leased by the beneficiary of the funding to another — Financing, management and monitoring of the common agricultural policy — Regulation (EC) No 1306/2013 — Articles 54 and 56 — Obligation of the Member States to recover sums unduly paid as a result of irregularity or negligence — Concept of ‘irregularity’ — Initiation of recovery proceedings
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
Case C-631/17 SF v Inspecteur van de Belastingdienst
Reference for a preliminary ruling — Social security for migrant workers — Regulation (EC) No 883/2004 — Article 11(3)(e) — National of a Member State employed as a seaman on board a vessel flying the flag of a third State — Employer established in a Member State other than the worker’s State of residence — Determination of the applicable legislation
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-712/17 EN.SA. v Agenzia delle Entrate – Direzione Regionale Lombardia Ufficio Contenzioso
Reference for a preliminary ruling — Value added tax (VAT) — Fictitious transactions — Impossibility of deducting the tax — Obligation on the issuer of an invoice to pay the VAT indicated thereon — Fine in an amount equal to the amount of the improperly deducted VAT — Whether compatible with the principles of VAT neutrality and proportionality
Request for a preliminary ruling from the Commissione Tributaria Regionale per la Lombardia
Language of the case: Italian
Case C-25/18 Kerr v Postnov and Postnova
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Regulation (EU) No 1215/2012 — Article 7(1)(a) — Special jurisdiction in matters relating to contract — Concept of ‘matters relating to a contract’ — Decision of the general meeting of the owners of property in a building — Obligation of the owners to pay annual financial contributions to the budget of the association of property owners as determined by that decision — Legal action seeking enforcement of that decision — Law applicable to contractual obligations — Regulation (EC) No 593/2008 — Article 4(1)(b) and (c) — Concepts of ‘contract for the provision of services’ and ‘a contract relating to a right in rem in immovable property’ — Decision of the general meeting of the owners of property in a building relating to maintenance costs for communal areas
Request for a preliminary ruling from the Okrazhen sad - Blagoevgrad
Language of the case: Bulgarian
Case C-53/18 Mastromartino v Consob
Reference for a preliminary ruling — Markets in financial instruments — Directive 2004/39/EC — Articles 8, 23, 50 and 51 — Scope — Financial adviser authorised to provide offsite services — Staff member who has become a defendant in criminal proceedings — National legislation providing for the possibility of temporarily prohibiting the exercise of the activity — Fundamental freedoms — Purely internal situation — Not applicable
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-127/18 A-PACK CZ v Odvolací finanční ředitelství
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Articles 90 and 273 — Total or partial non-payment, by the debtor, of a sum due to the taxable person in respect of a transaction subject to VAT — Taxable amount — Reduction — Principles of fiscal neutrality and proportionality
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-161/18 Villar Láiz v INSS and TGSS
Reference for a preliminary ruling — Equal treatment for men and women in matters of social security — Directive 79/7/EEC — Article 4 — Prohibition of any discrimination on the ground of sex — Indirect discrimination — Part-time work — Calculation of retirement pension
Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León
Language of the case: Spanish
Case C-194/18 Dodič v Banka Koper and Alta Invest
Reference for a preliminary ruling — Social policy — Transfers of undertakings — Directive 2001/23/EC — Article 1(1) — Scope — Criteria for assessment of the transfer — Transfer of clients — Transfer of all the financial services of a bank, excluding staff, to a stock brokering company
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
Case C-230/18 PI v Landespolizeidirektion Tirol
Reference for a preliminary ruling — Article 49 TFEU — Article 15(2) and Article 16 of the Charter of Fundamental Rights of the European Union — Freedom of establishment and freedom to provide services — Restriction — Decision to immediately close a commercial enterprise — No statement of reasons — Overriding reasons in the public interest –Prevention of criminal offences against persons engaged in prostitution — Protection of public health — Proportionality of the restriction on the freedom of establishment — Articles 47 and 48 of the Charter of Fundamental Rights — Effectiveness of judicial review — Rights of defence — General principle of the right to good administration
Request for a preliminary ruling from the Landesverwaltungsgericht Tirol
Language of the case: German
Case C-243/18 P Joint undertaking Fusion for Energy v Galocha
Appeal – Civil service – Officials – Competition – Judgment annulling a decision – Extent of the annulment – Weighing up of interests involved – Annulment of reserve lists – Annulment of the decisions to appoint successful candidates from those lists
Language of the case: Spanish
Case C-253/18 Stadt Euskirchen v Rhenus Veniro
Reference for a preliminary ruling – Transport – Public passenger transport services by rail and by road – Regulation (EC) No 1370/2007 – Article 5(1) and (2) – Direct award – Contracts for public passenger transport services by bus and by tram – Conditions – Directive 2014/24/EU – Article 12 – Directive 2014/25/EU – Article 28
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-305/18 VAS and Movimento Legge Rifiuti Zero per l'Economia Circolare v Presidente del Consiglio dei Ministri and Others
Reference for a preliminary ruling — Environment — Directive 2008/98/EC — Disposal or recovery of waste — Establishment of an integrated waste management system guaranteeing national self-sufficiency — Construction of incineration facilities or increase in capacity of existing facilities — Classification of incineration facilities as ‘strategic infrastructure and installations of major national importance’ — Compliance with the ‘waste hierarchy’ principle — Directive 2001/42/EC — Need to carry out an ‘environmental assessment’
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-486/18 RE v Praxair MRC
Reference for a preliminary ruling — Social policy — Directive 96/34/EC — Framework agreement on parental leave — Clause 2.6 — Worker employed full-time and for indefinite duration on part-time parental leave — Dismissal — Compensation payment for dismissal and redeployment leave allowance — Method of calculation — Article 157 TFEU — Equal pay for male and female workers — Part-time parental leave taken primarily by female workers — Indirect discrimination — Objective factors unrelated to any sex discrimination — None
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Joined Cases C-391/16, C-77/17 and C-78/17 M and Others v Commissaire général aux réfugiés et aux apatrides (Revocation of refugee status)
Reference for a preliminary ruling — Area of freedom, security and justice — Asylum policy — International protection — Directive 2011/95/EU — Refugee status — Article 14(4) to (6) — Refusal to grant or revocation of refugee status in the event of danger to the security or the community of the host Member State — Validity — Article 18 of the Charter of Fundamental Rights of the European Union — Article 78(1) TFEU — Article 6(3) TEU — Geneva Convention
Requests for a preliminary ruling from the Nejvyšší správní soud and Conseil du Contentieux des Étrangers
Languages of the case: Czech and French
Case C-55/18 CCOO v Deutsche Bank
Reference for a preliminary ruling — Social policy — Protection of the safety and health of workers — Organisation of working time — Article 31(2) of the Charter of Fundamental Rights of the European Union — Directive 2003/88/EC — Articles 3 and 5 — Daily and weekly rest — Article 6 — Maximum weekly working time — Directive 89/391/EEC — Safety and health of workers at work — Requirement to set up a system enabling the duration of time worked each day by each worker to be measured
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
Case C-341/17 P Greece v Commission
Appeal — Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), European Agricultural Guarantee Fund (EAGF) and European Agricultural Fund for Rural Development (EAFRD) — Expenditure excluded from EU financing — Expenditure incurred by the Hellenic Republic — Regulation (EC) No 1782/2003 — Regulation (EC) No 796/2004 — Area-related aid scheme — Concept of ‘permanent pasture’ — Flat-rate financial corrections — Deduction of earlier correction
Language of the case: Greek
Case C-653/17 P VM Vermögens-Management v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Regulation (EU) 2015/2424 — Invalidity proceedings — Word mark Vermögensmanufaktur — Declaration of invalidity — Right to a fair hearing — Examination of the facts by EUIPO of its own motion — Retrospectivity — Jurisdiction of the General Court — Statement of reasons for judgments
Language of the case: German
Case C-677/17 Çoban v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen
Reference for a preliminary ruling — EEC-Turkey Association Agreement — Additional Protocol — Article 59 — Decision No 3/80 — Social security for migrant workers — Waiver of residence clauses — Article 6 — Invalidity benefit — Withdrawal — Regulation (EC) No 883/2004 — Special non-contributory cash benefits — Residence condition — Directive 2003/109/EC — Long-term resident status
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
Case C-706/17 Achema and Others v Valstybinė kainų ir energetikos kontrolės komisija
Reference for a preliminary ruling — State aid — Concept of ‘aid granted by a Member State or through State resources’ — Measures intended to compensate providers of public interest services in the electricity sector — Concept of aid ‘affecting trade between Member States’ and ‘distorting or threatening to distort competition’ — Concept of ‘selective advantage’ — Service of general economic interest — Offsetting of costs involved in the discharging of public service obligations
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-132/18 P Commission v Tuerck
Appeal — Civil service — Pensions — Transfer of pension rights acquired in a national pension scheme to the European Union pension scheme — Deduction of the appreciation between the date of the application for a transfer and the actual date of the transfer
Language of the case: French
Case C-235/18 Vega International Car Transport and Logistic v Dyrektor Izby Skarbowej w Warszawie
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 135(1)(b) — Supply of goods — Exemptions for other activities — Granting and negotiation of credit — Fuel cards
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-306/18 KORADO v Generální ředitelství cel
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Welded steel parts — Radiators for central heating, not electrically heated — Headings 7307 and 7322 — Concepts of radiator ‘parts’ and ‘tube or pipe fittings’ — Implementing Regulation (EU) 2015/23 — Validity
Request for a preliminary ruling from the Krajský soud v Ostravě – pobočka v Olomouci
Language of the case: Czech
Case C-480/17 Montag v Finanzamt Köln-Mitte
Request for a preliminary ruling from the Finanzgericht Köln
Language of the case: German
Case C-509/17 Plessers v PREFACO and Belgische Staat
Reference for a preliminary ruling –Transfers of undertakings — Directive 2001/23/EC — Articles 3 to 5 — Safeguarding of employees’ rights — Exceptions — Insolvency proceedings — Proceedings for judicial restructuring by transfer under judicial supervision — Total or partial safeguard of the undertaking — National legislation authorising the transferee, after the transfer, to choose which employees to keep on
Request for a preliminary ruling from the Arbeidshof te Antwerpen
Language of the case: Dutch
Case C-689/17 Conti 11. Container Schiffahrt v Land Niedersachsen
Reference for a preliminary ruling — Environment — Shipment of waste — Regulation (EC) No 1013/2006 — Waste subject to the prior written notification and consent procedure — Shipments within the European Union — Article 1(3)(b) — Exclusion from the regulation’s scope — Waste generated on board ships — Waste on board a ship following damage at sea
Request for a preliminary ruling from the Landgericht München I
Language of the case: German
Case C-138/18 Skatteministeriet v Estron
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Hearing aid connectors — Parts and accessories — Combined Nomenclature — Subheadings 8544 42 90, 9021 40 00 and 9021 90 10
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
Case C-235/17 Commission v Hungary (Usufruct over agricultural land)
Failure of a Member State to fulfil obligations — Article 63 TFEU — Free movement of capital — Article 17 of the Charter of Fundamental Rights of the European Union — Right to property — National legislation extinguishing, without compensation, the rights of usufruct over agricultural and forestry land acquired by legal persons or by natural persons who cannot demonstrate a close family tie with the owner of the land
Language of the case: Hungarian
Case C-226/18 Krohn & Schröder v Hauptzollamt Hamburg-Hafen
Reference for a preliminary ruling — Customs union — Regulation (EEC) No 2913/92 — Article 212a — Import procedures — Customs debt — Exemption — Dumping — Subsidies — Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China — Implementing Regulations (EU) No 1238/2013 and (EU) No 1239/2013 imposing an anti-dumping duty and a countervailing duty — Exemptions
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C-634/17 ReFood v Landwirtschaftskammer Niedersachsen
Reference for a preliminary ruling — Environment — Shipments of waste within the European Union — Regulation (EC) No 1013/2006 — Article 1(3)(d) — Scope — Regulation (EC) No 1069/2009 — Shipments of animal by-products
Request for a preliminary ruling from the Verwaltungsgericht Oldenburg
Language of the case: German
Case C-658/17 WB v Notariusz Przemysława Bac
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 650/2012 — Article 3(1)(g) and (i) — Definition of a ‘decision’ in a matter of succession — Definition of an ‘authentic instrument’ in a matter of succession — Legal classification of the national deed of certification of succession — Article 3(2) — Definition of a ‘court’ — Failure by the Member State to notify the European Commission of notaries as non-judicial authorities exercising judicial functions like courts
Request for a preliminary ruling from the Sąd Okręgowy w Gorzowie Wielkopolskim
Language of the case: Polish
Case C-720/17 Bilali v Bundesamt für Fremdenwesen und Asyl
Reference for a preliminary ruling — Area of freedom, security and justice — Asylum policy — Subsidiary protection — Directive 2011/95/EU — Article 19 — Revocation of subsidiary protection status — Error on the part of the administrative authorities with respect to the facts
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-52/18 Fülla v Toolport
Reference for a preliminary ruling — Consumer protection — Directive 1999/44/EC — Lack of conformity of the goods delivered — Article 3 — Right of the consumer to repair or replacement of the goods free of charge, within a reasonable time and without any significant inconvenience — Determination of where the consumer must make goods acquired under a distance contract available to the seller to be brought into conformity — Concept of bringing the goods into conformity ‘free of charge’ — Right of the consumer to rescind the contract
Request for a preliminary ruling from the Amtsgericht Norderstedt
Language of the case: German
Joined Cases C-508/18 and C-82/19 PPU OG and PI (Public Prosecutor’s Office in Lübeck and in Zwickau)
References for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 6(1) — Concept of ‘issuing judicial authority’ — European arrest warrant issued by a public prosecutor’s office of a Member State — Legal position — Whether subordinate to a body of the executive — Power of a Ministry of Justice to issue an instruction in a specific case — No guarantee of independence
Requests for a preliminary ruling from the Supreme Court and High Court (Ireland)
Language of the case: English
Case C-509/18 Minister for Justice and Equality v PF (Prosecutor General of Lithuania)
Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 6(1) — Concept of ‘issuing judicial authority’ — European arrest warrant issued by the Prosecutor General of a Member State — Legal position — Guarantee of independence
Request for a preliminary ruling from the Supreme Court
Language of the case: English
Information (on unpublished decisions)
Case C-524/16 Istituto Nazionale della Previdenza Sociale v Faggiano
Reference for a preliminary ruling — No need to adjudicate
Case C-233/17 P-REV OST GX v Commission
Article 155 of the Rules of Procedure — No failure to adjudicate on the application for revision
Case C-250/18 Commission v Croatia (Biljane Donje landfill)
Case C-739/18 P Chefaro Ireland v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — International registration designating the European Union — Figurative mark NUIT PRECIEUSE — Rejection of the application for a declaration of invalidity
Case C-118/18 P-REV Hochmann Marketing v EUIPO
Application for revision — Article 159 of the Rules of Procedure of the Court of Justice — Conditions — Appeal — Failure to raise a new fact — Inadmissibility
Case C-723/18 EV v IGPR - Brigada Autostrăzi şi misiuni speciale
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Article 48 — Presumption of innocence and defence rights — Road traffic offences — Burden of proof — Failure to implement EU law — Article 53(2) of the Rules of Procedure of the Court of Justice — Clear lack of jurisdiction of the Court
Case C-9/19 Mitliv Exim v Agenţia Naţională de Administrare Fiscală and Direcţia Generală de Administrare a Marilor Contribuabili
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court — Insufficient information regarding the factual and regulatory context of the dispute in the main proceedings and lack of grounds justifying the ne ed for an answer to the question referred — Manifest inadmissibility
Joined Cases C-406/17 to C-408/17 and C-417/17 Acea Energia and Others v Autorità Garante della Concorrenza e del Mercato and Others
Case C-170/18 P CJ v ECDC
Appeal — Civil service — Contract staff — European Centre for Disease Prevention and Control — Fixed-term contract — Termination of the contract — Compliance with a judgment of the European Union Civil Service Tribunal — Res judicata by means of a judgment annulling a decision — Limits
Joined Cases C-789/18 and C-790/18 AQ e.a. and ZQ v Corte dei Conti and Others
Reference for a preliminary ruling — Civil service — Cumulation of emoluments from activities as employed or self-employed persons in the service of one or more State entities — National legislation providing for a ceiling to such cumulation — Purely internal situation — Article 53(2) and Article 94 of the Rules of Procedure of the Court — Manifest inadmissibility
Case C-827/18 MC v ND
Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice — Area of freedom, security and justice — Judicial cooperation in civil matters — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Lugano II Convention — Article 22(1) — Proceedings which have as their object rights in rem in immovable property or tenancies of immovable property — Restitution of the proceeds from the rental of a property before the transfer of ownership
Case C-8/18 TE and Others v Luminor Bank
Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice — Freedom to provide services — Markets in financial instruments — Natural person who has acquired a derivative financial instrument from a bank — Classification of that person within the meaning of EU law
Case C-204/18 P Pebagua v Commission
Appeal — Environment — Prevention and management of the introduction and spread of invasive alien species — Regulation (EU) No 1143/2014 — Implementing Regulation (EU) 2016/1141 — Adoption of a list of invasive alien species of Union concern — Inclusion of the species Procambarus clarkii
Case C-525/18 P Le Pen v Parliament
Case C-744/18 P Volkswagen v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of figurative mark MAIN AUTO WHEELS — Opposition proceedings — Regulation (EC) No 207/2009 — Article 8(1)(b) and (5) — Obligation to state reasons — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-770/18 P Pint v Commission
Case C-99/19 P BI v Commission
Appeal –Application for legal aid — Article 53(2) of the Rules of Procedure of the Court of Justice — Decision of the General Court of the European Union not subject to appeal — Manifest lack of jurisdiction
Case C-780/18 P Cuervo y Sobrinos 1882 v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — European Union trade mark including the word elements Cuervo y Sobrinos LA HABANA 1882 — Regulation (EC) No 207/2009 — Article 8(1)(b) — Assessment by the General Court of the similarities between the signs at issue — Assessment of a factual nature — Obligation to state reasons — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-105/19 WP v Trapeza Peiraios
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Consumer protection — Unfair terms in consumer contracts — Directive 93/13/EEC — Powers and obligations of the national court — Order for payment procedure — Granting of the application to have that order set aside — Lack of sufficient information concerning the factual and regulatory context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred — Manifest inadmissibility
Cases C-163/19 P(R) and C-163/19 P(R)-R Trifolio-M and Others v EFSA
Appeal — Order for interim relief — Regulation (EC) No 1107/2009 — Plant protection products — Review procedure for the evaluation of the active substance azadirachtin — Request for confidential treatment — Rejection — Absence of any prima facie case
June 2019
Case C-425/18 Consorzio Nazionale Servizi v Gruppo Torinese Trasporti
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Public procurement in the water, energy, transport and postal services sectors — Directive 2004/18/EC — Point (d) of the first subparagraph of Article 45(2) — Grounds for exclusion — Grave professional misconduct — Infringement of competition rules
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte
Language of the case: Italian
Case C-38/17 GT v HS
Reference for a preliminary ruling — Consumer protection — Unfair terms in consumer contracts — Directive 93/13/EEC — Article 3(1) — Article 4(2) — Article 6(1) — Loan agreement denominated in foreign currency — The exchange rate applicable to the sum made available in domestic currency communicated to the consumer after the agreement has been concluded
Request for a preliminary ruling from the Budai Központi Kerületi Bíróság
Language of the case: Hungarian
Case C-142/18 Skype Communications v IBPT
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/21/EC — Article 2(c) — Notion of ‘electronic communications service’ — Transmission of signals — Voice over Internet Protocol (VoIP) service to fixed or mobile telephone numbers — SkypeOut service
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
Case C-33/18 V v Institut national d'assurances sociales pour travailleurs indépendants and Securex Integrity
Reference for a preliminary ruling — Coordination of social security systems — Migrant workers — Regulation (EC) No 883/2004 — Transitional provisions — Article 87(8) — Regulation (EEC) No 1408/71 — Article 14c(b) — Worker pursuing an activity as an employed person and an activity as a self-employed person in different Member States — Derogations from the principle that the legislation of a single Member State is to apply — Dual affiliation — Submission of a request to be subject to the legislation applicable pursuant to Regulation No 883/2004
Request for a preliminary ruling from the Cour du travail de Liège
Language of the case: French
Case C-58/18 Schyns v Belfius Banque
Reference for a preliminary ruling — Consumer protection — Directive 2008/48/EC — Pre-contractual obligations — Article 5(6) — Obligation on the creditor to seek to establish the credit most suitable — Article 8(1) — Obligation on the creditor to refrain from concluding the loan agreement if there are doubts over the creditworthiness of the consumer — Obligation on the creditor to assess the expediency of the credit
Request for a preliminary ruling from the Justice de Paix du canton de Visé
Language of the case: French
Case C-223/18 P Deichmann v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Revocation proceedings — Figurative mark representing a cross on the side of a sports shoe — Rejection of the application for revocation
Language of the case: English
Case C-264/18 P. M. and Others v Ministerraad
Reference for a preliminary ruling — Procedures for the award of public works contracts, public supply contracts and public service contracts — Directive 2014/24/EU — Article 10, (c), and (d)(i), (ii) and (v) — Validity — Scope — Exclusion of arbitration and conciliation services and of certain legal services — Principles of equal treatment and subsidiarity — Articles 49 and 56 TFEU
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
Case C-361/18 Weil v Gulácsi
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 66 — Temporal scope — Regulation (EC) No 44/2001 — Material scope — Civil and commercial matters — Article 1(1) and (2)(a) — Matters excluded — Rights in property arising out of a matrimonial relationship — Article 54 — Application for the certificate certifying that the judgment given by the court of origin is enforceable — Judgment given concerning a debt stemming from the settlement of rights in property arising out of an unregistered non-marital partnership
Request for a preliminary ruling from the Szekszárdi Járásbíróság
Language of the case: Hungarian
Case C-628/17 Prezes Urzędu Ochrony Konkurencji i Konsumentów v Orange Polska
Reference for a preliminary ruling — Consumer protection — Directive 2005/29/EC — Unfair business-to-consumer commercial practices — Concept of an aggressive commercial practice — Consumer required to take a final transactional decision in the presence of the courier handing over the general terms and conditions of the contract
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-705/17 Patent-och registreringsverket v Hansson
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 4(1)(b) — Likelihood of confusion — Overall impression — Earlier trade mark registered with a disclaimer — Effects of such a disclaimer on the extent of protection of the earlier trade mark
Request for a preliminary ruling from the Svea hovrätt, Patent- och marknadsöverdomstolen
Language of the case: Swedish
Case C-43/18 CFE v Région de Bruxelles-Capitale
Reference for a preliminary ruling — Environment — Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Decree — Designation of a special area of conservation pursuant to Directive 92/43/EEC — Setting of conservation objectives and provision of certain preventive measures — Concept of ‘plans and programmes’ — Obligation to carry out an environmental assessment
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
Case C-185/18 Oro Efectivo v Diputación Foral de Bizkaia
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 401 — Principle of fiscal neutrality — Acquisition by an undertaking, from private individuals, of objects with a high gold or other precious metal content with a view to resale — Duty on transfers of assets
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-321/18 Terre wallonne v Région wallonne
Reference for a preliminary ruling — Environment — Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Decree — Establishment of conservation objectives for the Natura 2000 network, in accordance with Directive 92/43/EEC — Definition of ‘plans and programmes’ — Obligation to undertake an environmental assessment
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
Case C-646/17 Criminal proceedings against Moro
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2012/13/EU – Right to information in criminal proceedings – Article 6(4) – Right to be informed of the accusation – Information about any change in the information given where this is necessary to safeguard the fairness of the proceedings – Modification of the legal classification of the acts on which the accusation is based – No possibility for the accused to apply for the negotiated penalty established in national law during the trial proceedings – Difference where there is modification of the acts on which the accusation is based
Request for a preliminary ruling from the Tribunale di Brindisi
Language of the case: Italian
Case C-664/17 Ellinika Nafpigeia v Anagnostopoulos and Others
Reference for a preliminary ruling — Social policy — Directive 2001/23/EC — Scope — Transfer of part of an undertaking — Safeguarding of employees’ rights — Concept of ‘transfer’ — Concept of ‘economic entity’ — Transfer of part of the economic activity of a parent company to a newly created subsidiary — Identity — Autonomy — Pursuit of an economic activity — Criterion requiring stability of the pursuit of an economic activity — Recourse to factors of production of third parties — Intention to liquidate the entity transferred
Request for a preliminary ruling from the Areios Pagos
Language of the case: Greek
Case C-22/18 TopFit and Biffi v Deutscher Leichtathletikverband
Reference for a preliminary ruling — Citizenship of the Union — Articles 18, 21 and 165 TFEU — Rules of a sports association — Participation in the national championship of a Member State by an amateur athlete holding the nationality of another Member State — Different treatment on the basis of nationality — Restriction on free movement
Request for a preliminary ruling from the Amtsgericht Darmstadt
Language of the case: German
Case C-193/18 Google v Bundesrepublik Deutschland
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/21/EC — Article 2(c) — Concept of ‘electronic communications service’ — Conveyance of signals — Web-based email service — Gmail service
Request for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen
Language of the case: German
Case C-317/18 Correia Moreira v Município de Portimão
Reference for a preliminary ruling — Directive 2001/23/EC — Transfers of undertakings — Safeguarding of employees’ rights — Concept of ‘worker’ — Substantial change in working conditions to the detriment of the employee
Request for a preliminary ruling from the Tribunal Judicial da Comarca de Faro
Language of the case: Portuguese
Case C-420/18 IO v Inspecteur van de rijksbelastingdienst (VAT – Activities of a member of a supervisory board)
Request for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Articles 9 and 10 — Taxable person — Economic activity carried out ‘independently’ — Definition — Activity as a member of the Supervisory Board of a foundation
Request for a preliminary ruling from the Gerechtshof 's-Hertogenbosch
Language of the case: Dutch
Case C-505/18 Copebi v FranceAgriMer
Reference for a preliminary ruling — State aid — Decision 2009/402/EC — Contingency plans in the fruit and vegetable sector implemented by the French Republic — Finding that the aid is incompatible — Recovery order — Scope of the decision — Economic agricultural committees
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-591/17 Austria v Germany
Failure of a Member State to fulfil obligations — Articles 18, 34, 56 and 92 TFEU — Legislation of a Member State prescribing an infrastructure use charge for passenger vehicles — Situation in which owners of vehicles registered in that Member State qualify for relief from motor vehicle tax in an amount corresponding to that charge
Language of the case: German
Case C-607/17 Skatteverket v Memira Holding
Reference for a preliminary ruling — Corporation tax — Group of companies — Freedom of establishment — Deduction of losses of a non-resident subsidiary — Concept of ‘final losses’ — Merger-absorption of the subsidiary by the parent company — Legislation of the State of establishment of the subsidiary granting the deduction of losses in the context of a merger solely to the entity sustaining those losses
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
Case C-608/17 Skatteverket v Holmen
Reference for a preliminary ruling — Corporation tax — Group of companies — Freedom of establishment — Deduction of losses of a non-resident subsidiary — Concept of ‘final losses’ — Application to a sub-subsidiary — Legislation of the State of establishment of the parent company requiring direct ownership of the subsidiary — Legislation of the State of establishment of the subsidiary restricting the set-off of losses and prohibiting them from being set off in the year of liquidation
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
Case C-660/17 P RF v Commission
Appeal — Action for annulment — Sending of the application by fax — Original of the application lodged out of time at the Registry of the General Court — Postal delay — Concept of ‘force majeure or unforeseeable circumstances’
Language of the case: Polish
Case C-41/18 Meca v Comune di Napoli
Reference for a preliminary ruling — Public procurement — Directive 2014/24/EU — Article 57(4)(c) and (g) — Award of public service contracts — Optional grounds for exclusion from participation in a procurement procedure — Grave professional misconduct rendering the integrity of the economic operator questionable — Early termination of a prior contract owing to deficiencies in its performance — Legal challenge preventing the contracting authority from assessing the breach of contract until the end of the legal proceedings
Request for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania
Language of the case: Italian
Case C-458/15 Criminal proceedings against K.P.
Reference for a preliminary ruling — Common foreign and security policy — Combating terrorism — Restrictive measures directed against certain persons and entities — Freezing of funds — Common Position 2001/931/CFSP — Article 1(4) and (6) — Regulation (EC) No 2580/2001 — Article 2(3) — Council Decision retaining an organisation on the list of persons, groups and entities involved in terrorist acts — Validity
Request for a preliminary ruling from the Landgericht Saarbrücken
Language of the case: German
Case C-682/17 ExxonMobil Production Deutschland v Bundesrepublik Deutschland
Reference for a preliminary ruling — Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Natural gas processing installation — Sulphur recovery — ‘Claus process’ — Production of electricity in a secondary facility — Production of heat — Emission of inherent carbon dioxide (CO2) — Article 2(1) — Scope — Annex I — Activity of ‘combustion of fuels’ — Article 3(u) — Concept of ‘electricity generator’ — Article 10a(3) and (4) — Transitional arrangements for the harmonised free allocation of emission allowances — Decision 2011/278/EU — Scope — Article 3(c) — Concept of ‘heat benchmark sub-installation’
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C-1/18 Oribalt Rīga v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Customs union – Regulation (EEC) No 2913/92 – Article 30(2)(b) and (c) – Regulation (EEC) No 2454/93 – Article 152(1)(a) and (b) – Determination of the customs value of the goods – Definition of ‘similar goods’ – Medicinal products – Account taken of any factor that may have an impact on the economic value of the medicinal product concerned – Time limit of 90 days within which the imported goods must be sold in the European Union – Mandatory time limit – No account taken of trade discounts
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
Case C-72/18 Ustariz Aróstegui v Departamento de Educación del Gobierno de Navarra
Reference for a preliminary ruling – Social policy – Directive 1999/70/CE – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4(1) – Principle of non-discrimination – Public sector education – National provision granting additional remuneration only to teachers employed for an indefinite duration as established public officials – Exclusion of teachers employed under a fixed-term contract governed by public law – Concept of ‘objective grounds’ – Characteristics inherent in the status of established public officials
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo No 1 de Pamplona
Language of the case: Spanish
Case C-100/18 Línea Directa Aseguradora v Segurcaixa
Reference for a preliminary ruling — Insurance against civil liability in respect of the use of motor vehicles — Directive 2009/103/EC — Article 3, first paragraph — Concept of ‘use of vehicles’ — Damage to building as a result of a fire in a vehicle parked in the private garage of the building — Compulsory insurance cover
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-291/18 Grup Servicii Petroliere v Agenţia Naţională de Administrare Fiscală – Direcţia Generală de Soluţionare a Contestaţiilor and Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Administrare a Marilor Contribuabili
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 148(a) and (c) — Exemptions related to international transport — Supply of offshore jackup drilling rigs — Concept of ‘vessels used for navigation on the high seas’ — Scope
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-404/18 Hackelbracht and Others v WTG Retail
Reference for a preliminary ruling — Social policy — Directive 2006/54/EC — Equal treatment for men and women — Access to employment and working conditions — Article 24 — Protection against retaliatory measures — Rejection of a candidate due to her pregnancy — Employee intervening in favour of that candidate — Dismissal of that employee
Request for a preliminary ruling from the Arbeidsrechtbank Antwerpen
Language of the case: Dutch
Case C-424/18 Italy Emergenza and Associazione Volontaria di Pubblica Assistenza 'Croce Verde'v Ulss 5 Polesana Rovigo and Regione del Veneto
Reference for a preliminary ruling — Public procurement of supplies, works or services — Directive 2014/24/EU — Article 10(h) — Specific exclusions for service contracts — Patient transport ambulance services — Concept
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Veneto
Language of the case: Italian
Case C-573/17 Criminal proceedings against Popławski
Reference for a preliminary ruling — Judicial cooperation in criminal matters — European arrest warrant — Framework Decisions — No direct effect — Primacy of EU law — Consequences — Framework Decision 2002/584/JHA — Article 4(6) — Framework Decision 2008/909/JHA — Article 28(2) — Declaration by a Member State allowing it to continue to apply existing legal instruments on the transfer of sentenced persons applicable before 5 December 2011 — Late declaration — Consequences
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-619/18 Commission v Poland (Independence of the Supreme Court)
Failure of a Member State to fulfil obligations — Second subparagraph of Article 19(1) TEU — Rule of law — Effective judicial protection in the fields covered by Union law — Principles of the irremovability of judges and judicial independence — Lowering of the retirement age of Supreme Court judges — Application to judges in post — Possibility of continuing to carry out the duties of judge beyond that age subject to obtaining authorisation granted by discretionary decision of the President of the Republic
Language of the case: Polish
Case C-723/17 Craeynest and Others v Brussels Hoofdstedelijk Gewest and Brussels Instituut voor Milieubeheer
Reference for a preliminary ruling — Directive 2008/50/EC — Articles 6, 7, 13 and 23 — Annex III — Assessment of air quality — Criteria for determining whether the nitrogen dioxide limit values have been exceeded — Measurements using fixed sampling points — Choice of appropriate sites — Interpretation of the values measured at the sampling points — Obligations of the Member States — Judicial review — Intensity of the review — Power to issue directions
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel
Language of the case: Dutch
Case C-729/17 Commission v Greece
Failure of a Member State to fulfil obligations — Article 258 TFEU — Article 49 TFEU — Directive 2006/123/EC — Article 15(2) and (3) — Directive 2005/36/EC — Articles 13, 14, 50 and Annex VII — Freedom of establishment — Recognition of professional qualifications — National rules on mediator training providers
Language of the case: Greek
Case C-159/18 Moens v Ryanair
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 5(3) — Compensation to passengers in the event of denied boarding and of cancellation or long delay of flights — Scope — Exemption from the obligation to pay compensation — Concept of ‘extraordinary circumstances’ — Presence of petrol on an airport runway
Request for a preliminary ruling from the juge de paix du troisième canton de Charleroi
Language of the case: French
Case C-407/18 Kuhar v Addiko Bank
Reference for a preliminary ruling — Unfair terms in consumer contracts — Directive 93/13/EEC — Proceedings for enforcement of a mortgage claim — Directly enforceable notarial instrument — Judicial review of unfair terms — Suspension of enforcement — Lack of competence of the court before which the application for enforcement has been brought — Consumer protection — Principle of effectiveness — Interpretation in conformity with EU law
Request for a preliminary ruling from the Višje sodišče v Mariboru
Language of the case: Slovenian
Case C-465/17 REC Falck Rettungsdienste and Falck v Stadt Solingen
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-597/17 Belgisch Syndicaat van Chiropraxie and Others v Ministerraad
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(c) – Exemptions – Medical and paramedical professions – Chiropractic and osteopathy – Article 98 – Annex III, points (3) and (4) – Medicinal products and medical devices – Reduced rate – Supply as part of therapeutic interventions or treatments – Standard rate – Supply as part of aesthetic interventions or treatments – Principle of fiscal neutrality – Maintenance of the effects of national legislation incompatible with EU law
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
Case C-348/18 Azienda Agricola Barausse Antonio e Gabriele v AGEA
Reference for a preliminary ruling — Additional levy in the milk and milk products sector — Regulation (EEC) No 3950/92 — Second subparagraph of Article 2(1) — Establishment of the producers’ contribution to the payment of the additional levy due — Reallocation of unused reference quantities — National measure reallocating unused quantities on the basis of objective priority criteria
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-518/18 RD v SC (Certification as a European Enforcement Order)
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 805/2004 — European Enforcement Order for uncontested claims — Certification of a judicial decision as a European Enforcement Order — Minimum standards applicable to uncontested claims procedures — Defendant without a known address who did not appear at the hearing
Request for a preliminary ruling from the Okresní soud v Českých Budějovicích
Language of the case: Czech
Information (on unpublished decisions)
Case C-665/18 Pólus Vegas v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice — Freedom to provide services — Restrictions — Games of chance — National taxes on the operation of slot machines in amusement arcades — National legislation increasing the amount of a tax five-fold and introducing an additional tax
Case C-822/18 P Aldo Supermarkets v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the word mark ALDI — Opposition proceedings — Rejection of the opposition — Conditions of representation of the earlier mark — Rule 19 of Regulation (EC) No 2868/95
Case C-10/19 Wilo Salmson France v Agenţia Naţională de Administrare Fiscală - Direcţia Generală Regională a Finanţelor Publice Bucureşti and Agenţia Naţională de Administrare Fiscală - Direcţia Generală Regională a Finanţelor Publice Bucureşti - Administraţia Fiscală pentru Contribuabili Nerezidenţi
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Lack of sufficient information regarding the factual and legislative context of the dispute in the main proceedings and the reasons justifying the need for an answer to the questions referred for a preliminary ruling — Manifest inadmissibility
Case C-503/18 P Barnett v EESC
Appeal — Civil service — Official — Retirement pension — Early retirement without reduction of pension rights — Staff Regulations of Officials of the European Union — Article 9(2) of Annex VIII — General implementing provisions — Interests of the service — Decision adopted to comply with a judgment of the European Union Civil Service Tribunal — Article 266 TFEU — Res judicata
Case C-367/18 Aragón Carrasco and Others v Administración del Estado
Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Comparability of situations — Justification — Clause 5 — Compensation in the event of termination of an employment contract of indefinite duration on objective grounds — No compensation upon the termination of the post of workers employed as auxiliary staff
Case C-805/18 P Saga Furs v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word sign SAGA — Application lodged with the General Court of the European Union signed by a ‘licensed legal counsel’ — Manifest inadmissibility — Article 19 of the Statute of the Court of Justice of the European Union — No representation by a lawyer — Appeal manifestly unfounded)
Case C-816/18 P OY v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Civil service — Member of the contract staff — Appointment — Classification in grade — Account taken of professional experience — General provisions for implementing Article 79(2) of the Conditions of Employment of Other Servants (CEOS))
Case C-612/16 C & J Clark International v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling — Anti-dumping — Interpretation and validity of regulations re-imposing anti-dumping duties following the delivery by the Court of a judgment declaring invalidity — Legal basis — Non-retroactivity — Limitation
Case C-820/18 P Linak v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Regulation (CE) No 6/2002 — Article 6 — Community design — Ground for invalidity — No individual character — Representation of an electrically operated lifting column)
Case C-821/18 P Linak v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Regulation (EC) No 6/2002 — Article 6 — Community design — Ground for invalidity — No individual character — Representation of an electrically operated lifting column
Case C-322/18 Schiaffini Travel v Comune di Latina
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Regulation (EC) No 1370/2007 — Public passenger transport services by rail and by road — Article 5 — Award of public service contracts — Article 5(2) — Direct award — Concept of ‘internal operator’ — Article 8(2) — Transitional arrangement
Case C-475/18 SATI v Azienda di Trasporti Molisana
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Regulation (EC) No 1370/2007 — Public passenger transport services — Article 5 — Direct award of public service contracts — Prohibited under national law — Article 8(2) — Transitional arrangements
Case C-795/18 P FCA US v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — Partial declaration of invalidity — Word mark VIPER — Earlier national word mark VIPER — Genuine use of the earlier mark
Case C-319/18 P Fred Olsen v Naviera Armas
Case C-247/18 P Italy v Commission (Necessary checks)
Appeal — European Social Fund (ESF) — Operational programme for objective No 1 for the Region of Sicily (2000-2006) — Reduction of the financial assistance initially granted — Regulation (EC) No 1260/1999 — Article 39 — Supervisory powers — Necessary verifications — Financial corrections — Calculation — Method by extrapolation
July 2019
Case C-619/18 R Commission v Poland (Independence of the Supreme Court)
Language of the case: Polish
Case C-644/17 Proceedings brought by Eurobolt
Reference for a preliminary ruling — Article 267 TFEU — Right to an effective remedy — Extent of review by national courts of an act of the European Union — Regulation (EC) No 1225/2009 — Article 15(2) — Communication to the Member States, no later than 10 working days before the meeting of the Advisory Committee, of all relevant information — Concept of ‘relevant information’ — Essential procedural requirement — Implementing Regulation (EU) No 723/2011 — Extension of the anti-dumping duty imposed on imports of certain iron or steel fasteners originating in China to imports consigned from Malaysia — Validity
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-668/17 P Viridis Pharmaceutical v EUIPO
Appeal – EU trade mark – Revocation proceedings – Word mark Boswelan – Genuine use – Absence – Use of the mark in the context of a clinical trial prior to the submission of an application for marketing authorisation for a medicinal product – Proper reason for non-use – Concept
Language of the case: German
Case C-242/18 UniCredit Leasing v Direktor na Direktsia 'Obzhalvane i danachno-osiguritelna praktika' – Sofia pri Tsentralno upravlenie na NAP
Reference for a preliminary ruling – Common system of value added tax (VAT) – Taxable amount – Reduction – Principle of fiscal neutrality – Lease finance agreement terminated for failure to make monthly payments – Notice of adjustment – Scope – Taxable transactions – Supply of goods for consideration – Payment of ‘compensation’ for termination up to expiry of the agreement – Jurisdiction of the Court
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-316/18 Commissioners for Her Majesty's Revenue and Customs v The Chancellor, Masters and Scholars of the University of Cambridge
Reference for a preliminary ruling — Value added tax (VAT) — Deduction of input tax — Management costs of an endowment fund that makes investments with the aim of financing the whole of the taxable person’s output transactions — Overheads
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
Case C-387/18 Delfarma v Prezes Urzędu Rejestracji Produktów Leczniczych, Wyrobów Medycznych i Produktów Biobójczych
Reference for a preliminary ruling — Articles 34 and 36 TFEU — Free movement of goods — Measure having equivalent effect to a quantitative restriction — Protection of health and life of humans — Parallel import of medicinal products — Reference medicinal products and generic medicinal products — Requirement that the imported medicinal product and that which has been granted a marketing authorisation in the Member State of importation are both reference medicinal products or are both generic medicinal products
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Warszawie
Language of the case: Polish
Case C-377/17 Commission v Germany
Failure of a Member State to fulfil obligations — Services in the internal market — Directive 2006/123/EC — Article 15 — Article 49 TFEU — Freedom of establishment — Fees of architects and engineers for planning services — Minimum and maximum tariffs
Language of the case: German
Case C-393/17 Openbaar Ministerie v Kirschstein
Reference for a preliminary ruling — Directive 2005/29/EC — Unfair commercial practices — Scope — Concept of ‘commercial practices’ — Directive 2006/123/EC — Services in the internal market — Criminal law — Authorisation schemes — Higher education — ‘Master’s’ degree — Prohibition to confer certain degrees without authorisation
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
Case C-622/17 Baltic Media Alliance v Lietuvos radijo ir televizijos komisija
Reference for a preliminary ruling — Freedom to provide services — Directive 2010/13/EU — Audiovisual media services — Television broadcasting — Article 3(1) and (2) — Freedom of reception and retransmission — Incitement to hatred on grounds of nationality — Measures taken by the receiving Member State — Temporary obligation for media service providers and other persons providing services relating to the distribution of television channels or programmes via the internet to distribute or retransmit a television channel in the territory of that Member State only in pay-to-view packages
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
Case C-624/17 Criminal proceedings against Tronex
Reference for a preliminary ruling — Environment — Waste — Shipments — Regulation (EC) No 1013/2006 — Article 2(1) — Directive 2008/98/EC — Article 3(1) — Concepts of ‘shipment of waste’ and ‘waste’ — Consignment of goods initially intended for retail sale, returned by consumers or become redundant in the seller’s product range
Request for a preliminary ruling from the Gerechtshof Den Haag
Language of the case: Dutch
Case C-99/18 P FTI Touristik v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Opposition proceedings — Article 8(1)(b) — Application for registration of the figurative mark including the word element ‘Fl’ — Opposition by the proprietor of the figurative mark including the word element ‘fly.de’ — Rejection — Similarity between the signs — Name in normal script in the European Union Trade Marks Bulletin — Likelihood of confusion
Language of the case: German
Case C-543/17 Commission v Belgium (Article 260(3) TFEU - High-speed networks)
Failure of a Member State to fulfil obligations — Article 258 TFEU — Measures to reduce the cost of deploying high-speed electronic communications networks — Directive 2014/61/EU — No transposition and/or no notification of transposing measures — Article 260(3) TFEU — Application for an order to pay a daily penalty payment — Calculation of the amount of the penalty payment
Language of the case: French
Case C-649/17 Bundesverband der Verbraucherzentralen und Verbraucherverbände v Amazon EU
Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Article 6(1)(c) — Information requirements for distance and off‑premises contracts — Obligation, for a trader, to indicate its telephone number and its fax number ‘where they are available’ — Scope
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-722/17 Reitbauer and Others v Casamassima
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EU) No 1215/2012 — Jurisdiction in civil and commercial matters — Exclusive jurisdiction — Article 24(1) and (5) — Disputes in proceedings which have as their object rights in rem in immovable property and in proceedings concerned with the enforcement of judgments — Judicially ordered auction of immovable property — Opposition proceedings regarding the proceeds from that auction
Request for a preliminary ruling from the Bezirksgericht Villach
Language of the case: German
Case C-19/18 P VG v Commission
Appeal — Action for damages against the European Commission — Decision of the Commission to put an end to a collaboration in connection with the Team Europe network — Compensation for the damage suffered — Plea of inadmissibility raised by the Commission — Whether the dispute is contractual or tortious
Language of the case: French
Case C-26/18 Federal Express Corporation Deutsche Niederlassung v Hauptzollamt Frankfurt am Main
Reference for a preliminary ruling – Customs Union – Regulation (EEC) No 2913/92 – Articles 202 and 203 – Customs duties on imports – Incurrence of a customs debt on account of infringements of customs legislation – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(d) and Article 30 – VAT on importation – Chargeable event – Concept of ‘importation’ of goods – Requirement that the goods must enter the economic network of the Union – Carriage of those goods to a Member State other than that in which the customs debt was incurred
Request for a preliminary ruling from the Hessisches Finanzgericht
Language of the case: German
Case C-39/18 P Commission v Icap Management Services and Icap New Zealand
Appeal — Competition — Agreements, decisions and concerted practices — Japanese yen interest rate derivatives sector — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Liability of an undertaking for its role as facilitator of the cartel — Calculation of the fine — Obligation to state reasons
Language of the case: English
Case C-89/18 A v Udlændinge- og Integrationsministeriet
Reference for a preliminary ruling — EEC-Turkey Association Agreement — Decision No 1/80 — Article 13 — Standstill clause — Family reunification of spouses — New restriction — Overriding reason in the public interest — Successful integration — Efficient management of migration flows — Proportionality
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-163/18 HQ and Others v Aegean Airlines
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights — Flight cancellation — Assistance — Right to reimbursement of the cost of the air ticket by the air carrier — Article 8(2) — Package tour — Directive 90/314/EEC — Insolvency of the tour organiser
Request for a preliminary ruling from the Rechtbank Noord-Nederland
Language of the case: Dutch
Case C-210/18 WESTbahn Management v ÖBB-Infrastruktur
Reference for a preliminary ruling — Transport — Single European Railway Area — Directive 2012/34/EU — Article 3 — Concept of ‘railway infrastructure’ — Annex II — Minimum access — Inclusion of the use of passenger platforms
Request for a preliminary ruling from the Schienen-Control Kommission
Language of the case: German
Case C-249/18 Staatssecretaris van Financiën v CEVA Freight Holland
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-273/18 Kuršu zeme v Valsts ieņēmumu dienests
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Right to deduct input VAT — Article 168 — Goods supply chain — Refusal of the right to deduct on account of that chain’s existence — Obligation on the competent tax authority to establish the existence of an abusive practice
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
Case C-410/18 Aubriet v Ministre de l'Enseignement supérieur et de la recherche
Reference for a preliminary ruling — Freedom of movement for persons — Equal treatment — Social advantages — Regulation (EU) No 492/2011 — Article 7(2) — Financial aid for higher education studies — Non-resident students — Condition connected with the period of their parents’ working time on national territory — Minimum period of five years — Reference period of seven years — Method of calculation of the reference period — Date of the application for financial aid — Indirect discrimination — Justification — Proportionality
Request for a preliminary ruling from the Tribunal administratif
Language of the case: French
Case C-530/18 EP v FO (Parental responsibility and court best placed)
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Judicial cooperation in civil matters — Jurisdiction in matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 15 — Transfer of a case to a court of another Member State better placed to hear it — Exception to the general rule that the court for the place where the child is habitually resident has jurisdiction — Particular connection with another Member State — Evidence making it possible to determine the better placed court — Existence of different rules of law — Best interests of the child
Request for a preliminary ruling from the Tribunalul Ilfov
Language of the case: Romanian
Case C-697/17 Telecom Italia v Ministero dello Sviluppo Economico and Infratel Italia
Reference for a preliminary ruling — Award of public supply and public works contracts — Directive 2014/24/EU — Article 28(2) — Restricted procedure — Economic operators permitted to tender — Requirement for the legal and substantive identity of the tendering candidate to correspond to that of the preselected candidate — Principle of equal treatment of tenderers
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-716/17 :
Reference for a preliminary ruling – Free movement of workers – Restrictions – Opening of a debt relief procedure – Residence condition – Admissibility – Article 45 TFEU – Direct effect
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-91/18 Commission v Greece (Tsipouro)
Failure of a Member State to fulfil obligations — Excise duties on alcohol and alcoholic beverages — Article 110 TFEU — Directive 92/83/EEC — Directive 92/84/EEC — Regulation (EC) No 110/2008 — Application of a lower rate of duty to the manufacture of national products ‘tsipouro’ and ‘tsikoudia’
Language of the case: Greek
Joined Cases C-180/18, C-286/18 and C-287/18 Agrenergy and Fusignano Due v Ministero dello Sviluppo Economico
Reference for a preliminary ruling — Environment — Directive 2009/28/EC — Article 3(3)(a) — Promotion of the use of energy from renewable sources — Production of electricity by solar photovoltaic plants — Alteration of a support scheme — Principles of legal certainty and the protection of legitimate expectations
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-502/18 CS and Others v České aerolinie
Reference for a preliminary ruling — Transport — Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights — Regulation (EC) No 261/2004 — Article 5(1)(c) — Article 7(1) — Right to compensation — Connecting flights — Flights consisting of two flights operated by different air carriers — Long delay in relation to the second flight with points of departure and arrival outside the European Union and operated by a carrier established in a non-Member State)
Request for a preliminary ruling from the Městský soud v Praze
Language of the case: Czech
Case C-619/18 Commission v Poland (Independence of the Supreme Court)
Language of the case: Polish
Case C-40/17 Fashion ID v Verbraucherzentrale NRW
Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Directive 95/46/EC — Article 2(d) — Notion of ‘controller’ — Operator of a website who has embedded on that website a social plugin that allows the personal data of a visitor to that website to be transferred to the provider of that plugin — Article 7(f) — Lawfulness of data processing — Taking into account of the interest of the operator of the website or of that of the provider of the social plugin — Article 2(h) and Article 7(a) — Consent of the data subject — Article 10 — Informing the data subject — National legislation allowing consumer-protection associations to bring or defend legal proceedings
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-411/17 Inter-Environnement Wallonie and Bond Beter Leefmilieu Vlaanderen v Conseil des ministres
Reference for a preliminary ruling — Environment — Espoo Convention — Aarhus Convention — Conservation of natural habitats and of wild fauna and flora — Directive 92/43/EEC — Article 6(3) — Definition of ‘project’ — Assessment of the effects on the site concerned — Article 6(4) — Meaning of ‘imperative reasons of overriding public interest’ — Conservation of wild birds — Directive 2009/147/EC — Assessment of the effects of certain public and private projects on the environment — Directive 2011/92/EU — Article 1(2)(a) — Definition of ‘project’ — Article 2(1) — Article 4(1) — Environmental impact assessment — Article 2(4) — Exemption from assessment — Phasing out of nuclear energy — National legislation providing, first, for restarting industrial production of electricity for a period of almost 10 years at a nuclear power station that had previously been shut down, with the effect of deferring by 10 years the date initially set by the national legislature for deactivating and ceasing production at that power station, and second, for deferral, also by 10 years, of the date initially set by the legislature for deactivating and ceasing industrial production of electricity at an active power station — No environmental impact assessment
Request for a preliminary ruling from the Cour constitutionnelle
Language of the case: French
Case C-469/17 Funke Medien NRW v Bundesrepublik Deutschland
Reference for a preliminary ruling — Copyright and related rights — Directive 2001/29/EC — Information Society — Harmonisation of certain aspects of copyright and related rights — Article 2(a) — Reproduction right — Article 3(1) — Communication to the public — Article 5(2) and (3) — Exceptions and limitations — Scope — Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-476/17 Pelham and Others v Hütter and Schneider-Esleben
Reference for a preliminary ruling — Copyright and related rights — Directive 2001/29/EC — Information Society — Harmonisation of certain aspects of copyright and related rights — Sampling — Article 2(c) — Phonogram producer — Reproduction right — Reproduction ‘in part’ — Article 5(2) and (3) — Exceptions and limitations — Scope — Article 5(3)(d) — Quotations — Directive 2006/115/EC — Article 9(1)(b) — Distribution right — Fundamental rights — Charter of Fundamental Rights of the European Union — Article 13 — Freedom of the arts
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-516/17 Spiegel Online v Beck
Reference for a preliminary ruling — Copyright and related rights — Directive 2001/29/EC — Information Society — Harmonisation of certain aspects of copyright and related rights — Article 5(3) — Exceptions and limitations — Scope — Article 5(3)(c) and (d) — Reporting of current events — Quotations — Use of hyperlinks — Lawfully making available to the public — Charter of Fundamental Rights of the European Union — Article 11 — Freedom of expression and of information
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-556/17 Torubarov v Bevándorlási és Menekültügyi Hivatal
Reference for a preliminary ruling — Common policy on asylum and subsidiary protection — Common procedures for granting international protection — Directive 2013/32/EU — Article 46(3) — Full and ex nunc examination — Article 47 of the Charter of Fundamental Rights of the European Union — Right to an effective remedy — Extent of the powers of the first-instance court or tribunal — No power to vary — Refusal by the competent administrative or quasi-judicial body to comply with a decision of that court or tribunal
Request for a preliminary ruling from the Pécsi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-589/17 Prenatal v Tribunal Económico Administrativo Regional de Cataluña
Reference for a preliminary ruling – Imports of textile products incorrectly declared as originating in Jamaica – Post-clearance recovery of import duties – Request for remission of duties – Regulation (EEC) No 2913/92 – Common customs code – Article 220(2)(b) and Article 239 – Rejection decision of the European Commission in a special case – Validity
Request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña
Language of the case: Spanish
Case C-620/17 Hochtief Solutions Magyarországi Fióktelepe v Fővárosi Törvényszék
Reference for a preliminary ruling — Public procurement — Review procedures — Directive 89/665/EEC — Directive 92/13/EEC — Right to effective judicial protection — Principles of effectiveness and equivalence — Action for review of judicial decisions in breach of EU law — Liability of the Member States in the event of infringement of EU law by national courts or tribunals — Assessment of damage eligible for compensation
Request for a preliminary ruling from the Székesfehérvári Törvényszék
Language of the case: Hungarian
Case C-654/17 P Bayerische Motoren Werke and Freistaat Sachsen v Commission
Appeal – State aid – Regional investment aid – Aid for a large investment project – Aid partly incompatible with the internal market – Article 107(3) TFEU – Whether the aid is necessary – Article 108(3) TFEU – Regulation (EC) No 800/2008 – Aid exceeding the individual notification threshold – Notification – Scope of the block exemption – Cross-appeal – Whether an intervention before the General Court of the European Union may proceed – Admissibility
Language of the case: German
Case C-659/17 INPS v Azienda Napoletana Mobilità
Reference for a preliminary ruling — State aid — Employment aid — Exemption from social security contributions in connection with training and work experience contracts — Decision 2000/128/EC — Aid granted by Italy to promote employment — Aid incompatible in part with the internal market — Applicability of Decision 2000/128/EC to an undertaking exclusively providing local public transport services which were directly awarded to it by a municipality — Article 107(1) TFEU — Concept of ‘distortion of competition’ — Concept of ‘effect on trade’ between Member States
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-680/17 Vethanayagam and Others v Minister van Buitenlandse Zaken
Reference for a preliminary ruling — Area of freedom, security and justice — Community Visa code — Regulation (EC) No 810/2009 — Article 5 — Member State competent for examining and deciding on a visa application — Article 8 — Representation arrangement — Article 32(3) — Appeal against a decision to refuse a visa — Member State competent to rule on the appeal where a representation arrangement is in place — Persons entitled to bring an appeal
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Utrecht
Language of the case: Dutch
Case C-38/18 Criminal procedure against Gambino and Hyka
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2012/29/EU — Minimum standards on the rights, support and protection of victims of crime — Articles 16 and 18 — Examination of the victim by a criminal court of first instance — Alteration of the composition of the panel of judges — Fresh examination of the victim at the request of one of the parties to the proceedings — Charter of Fundamental Rights of the European Union — Articles 47 and 48 — Right to a fair trial and rights of the defence — Principle of immediacy — Scope — Victim’s right to protection during criminal proceedings
Request for a preliminary ruling from the Tribunale di Bari
Language of the case: Italian
Case C-124/18 P Red Bull v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 4 and Article 7(1)(a) — Absolute ground for refusal — Invalidity proceedings — Combination of two colours per se — No systematic arrangement associating the colours in a predetermined and uniform way
Language of the case: English
Case C-209/18 Commission v Austria (Civil engineers, patent agents and veterinary surgeons)
Failure of a Member State to fulfil obligations — Infringement of Directive 2006/123/EC and Articles 49 and 56 TFEU — Restrictions and requirements relating to the location of the registered office, legal form, shareholding and multidisciplinary activities of partnerships and companies of civil engineers, patent agents and veterinary surgeons
Language of the case: German
Case C-354/18 Rusu v SC Blue Air - Airline Management Solutions
Reference for a preliminary ruling — Regulation (EC) No 261/2004 — Air transport — Denied boarding — Concepts of ‘compensation’ and ‘further compensation’ — Type of damage for which compensation is available — Material or non-material damage — Deduction — Further compensation — Assistance — Information provided to passengers
Request for a preliminary ruling from the Tribunalul Bacău
Language of the case: Romanian
Case C-388/18 Finanzamt A v B (Turnover of a second-hand car dealer)
Reference for a preliminary ruling — Taxation — Harmonisation of fiscal legislation — Directive 2006/112/EC — Common system of value added tax (VAT) — Point 1 of the first paragraph of Article 288 and Article 315 — Special scheme for small enterprises — Special arrangements for taxable dealers — Taxable dealer falling under the margin scheme — Annual turnover determining whether the special scheme for small enterprises is applicable — Profit margin or amounts received
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-436/18 P Shanxi Taigang Stainless Steel v Commission
Appeal — Dumping — Imposition of a definitive anti-dumping duty on certain products originating in China — Implementing Regulation (EU) 2015/1429 — Regulation (EC) No 1225/2009 — Article 2(7)(a) — Normal value — Determination on the basis of the price in a market economy third country — Selection of the appropriate third country — Market economy third country which is subject to the same investigation — Adjustments
Language of the case: English
Case C-451/18 Tibor-Trans v DAF TRUCKS
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Special jurisdiction — Article 7(2) — Tort, delict or quasi-delict — Place where the harmful event occurred — Claim for compensation for damage caused by a cartel found to be contrary to Article 101 TFEU and Article 53 of the Agreement on the European Economic Area
Request for a preliminary ruling from the Győri Ítélőtábla
Language of the case: Hungarian
Information (on unpublished decisions)
Case C-31/19 P Seven v Shenzhen Jiayz Photo Industrial
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the figurative mark including the word element ‘sevenoak’ — Earlier international figurative mark 7SEVEN — Regulation (EC) No 207/2009 — Article 8(1)(b)
Case C-92/16 Bankia v Rengifo Jiménez and Felix Caiza
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Articles 6 and 7 — Unfair terms in consumer contracts — Accelerated repayment clause of a mortgage loan contract — Article 99 of the Rules of Procedure of the Court of Justice — Question identical to a question on which the Court has already ruled or where the reply to such a question may be clearly deduced from existing case-law — Declaration that the clause is unfair in part — Powers of the national court when dealing with a term regarded as ‘unfair’ — Replacement of the unfair term with a provision of national law — Article 53(2) of the Rules of Procedure of the Court of Justice — Question manifestly inadmissible
Case C-167/16 Banco Bilbao Vizcaya Argentaria v Quintano Ujeta and Sánchez García
Reference for a preliminary ruling — Consumer protection — Directive 93/13/CEE — Articles 6 and 7 — Unfair terms in consumer contracts — Accelerated repayment term in a mortgage loan agreement — Article 99 of the Rules of Procedure of the Court of Justice — Question identical to a question on which the Court has previously ruled or to which the answer can clearly be deduced from the case-law — Declaration that the term is unfair in part — Powers of the national court when dealing with a term regarded as ‘unfair’ — Replacement of the unfair term with a provision of national law — Article 53(2) of the Rules of Procedure of the Court of Justice — Question manifestly inadmissible
Case C-486/16 Bankia v Sánchez Martínez and Sánchez Triviño
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Articles 6 and 7 — Unfair terms in consumer contracts — Accelerated repayment term in a mortgage loan agreement — Article 99 of the Rules of Procedure of the Court of Justice — Question identical to a question on which the Court has already ruled or where the reply to such a question may be clearly deduced from existing case-law — Powers of the national court when dealing with a term regarded as ‘unfair’ — Replacement of the unfair term with a provision of national law — Principle of effectiveness — Principle of procedural autonomy
Case C-36/19 P Daico International v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Revocation proceedings — Word mark RoB — Declaration of revocation — Regulation (EC) No 2868/95 — Rule 62(3) — Due notification — Appeal manifestly unfounded
Case C-345/18 P Caviro Distillerie and Others v Commission
Appeal — Commercial policy — Dumping — Implementing Decision (EU) 2016/176 — Imports of tartaric acid originating in China and produced by Hangzhou Bioking Biochemical Engineering Co. Ltd — Regulation (EC) No 1225/2009 — Article 3(2), (3) and (5) — No material harm — Manifest error of assessment — Determination of injury — Evaluation of all relevant economic factors and indices having a bearing on the state of the EU industry — Market share
Case C-170/19 P CheapFlights International v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the figurative mark containing the word element ‘Cheapflights’ — Rejection of the application for registration — Withdrawal of the appeal before the Board of Appeal — Effect on incidental submissions
Case C-359/19 P Meblo Trade v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to show that an issue is significant with respect to the unity, consistency or development of Union law — Refusal to allow the appeal to proceed
Case C-304/18 Commission v Italy (Own resources — Recovery of a customs debt)
Failure of a Member State to fulfil obligations — Own resources — Customs duties — Finding of a customs debt — Inclusion in separate accounts — Obligation to make own resources available to the European Union — Recovery procedure initiated out of time — Default interest
Case C-416/18 P Azarov v Council
Appeal — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds and economic resources — List of persons, entities and bodies covered by the freezing of funds and economic resources — Maintenance of the applicant’s name — Decision by an authority of a third State — Council’s obligation to verify that that decision was taken in accordance with the rights of the defence and the right to effective judicial protection
Case C-434/18 Commission v Italy (National programme - radioactive waste)
Failure of a Member State to fulfil obligations — Directive 2011/70/Euratom — Responsible and safe management of spent fuel and radioactive waste — National programme — Obligation to submit to the European Commission
Case C-651/18 QB and RA v Jadransko osiguranje
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Lack of sufficient information regarding the factual and legislative context of the dispute in the main proceedings, and the reasons justifying the need for an answer to the questions referred for a preliminary ruling — Manifest inadmissibility
Case C-755/18 OST :
Article 155 of Rules of Procedure of the Court of Justice — Failure to adjudicate — None
Case C-800/18 P Haskovo v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — Word mark DEVIN — Declaration of invalidity
Case C-819/18 P Next design+produktion v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Relative grounds for refusal — Likelihood of confusion — Marks devoid of any distinctive character — Criteria for assessing distinctive character — Phonetic similarity of the signs at issue — Figurative mark NUUNA
Case C-78/19 P WL v ERCEA
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Civil service — Temporary staff — Extension of the probationary period — Dismissal — Action for annulment and for damages
Case C-262/19 RM and SN v Agrotiki Trapeza Ellados
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — State aid — Granting of mortgages guaranteeing bank loans awarded to farmers — National legislation imposing a cap on the amount for which mortgages may be granted — Insufficient explanation of the reasons which led the referring court to question the interpretation of EU law — Manifest inadmissibility
Case C-412/19 P Pan v EUIPO
Appeal — EU trade mark — Article 170a(1) of the Rules of Procedure of the Court of Justice — No request that an appeal be allowed to proceed — Appeal inadmissible
Case C-438/18 Galeria Parque Nascente v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Common system of taxation applicable to mergers, divisions, partial divisions, transfers of assets and exchanges of shares concerning companies of different Member States — Directive 90/434/EEC — Articles 4 and 11 — Directive 2009/133/EC — Articles 4 and 15 — So-called ‘reverse’ merger — Tax system leading to a situation whereby, in the event of a so-called ‘reverse’ merger, costs which are incurred by the parent company relating to a loan taken out by that parent company for the purchase of shares of the subsidiary acquiring the parent company and which are deductible for that parent company, are considered non-deductible for that subsidiary
Case C-369/19 P Herrero Torres v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to show that an issue of law is significant with respect to the unity, consistency or development of Union law — Refusal to allow the appeal to proceed
Case C-196/19 P UC v Parliament
Case C-359/18 P EMA v Shire Pharmaceuticals Ireland
Appeal — Regulation (EC) No 141/2000 — Orphan medicinal products — Article 5 — Application for designation of a medicinal product as an ‘orphan medicinal product’ — Validation — Existence of a prior marketing authorisation (MA) for the same medicinal product
Case C-481/18 Commission v Italy (Human tissues and cells)
Failure of a Member State to fulfil obligations — Directive 2012/39/EU — Technical requirements for the testing of human tissues and cells — Failure to communicate or failure to transpose within the prescribed period
September 2019
Case C-686/17 Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main v Prime Champ Deutschland Pilzkulturen
Reference for a preliminary ruling — Common organisation of the markets in agricultural products — Fruit and vegetables — Marketing rules — Concept of ‘country of origin’ — Regulation (EC) No 1234/2007 — Article 113a(1) — Regulation (EU) No 1308/2013 — Article 76(1) — Definitions relating to the non-preferential origin of goods — Regulation (EEC) No 2913/92 — Article 23(1) and (2)(b) — Regulation (EU) No 952/2013 — Article 60(1) — Delegated Regulation (EU) 2015/2446 — Article 31(b) — Stages of production carried out in another Member State — Labelling of foodstuffs — Prohibition on labelling which could mislead the consumer — Directive 2000/13/EC — Article 2(1)(a)(i) — Regulation (EU) No 1169/2011 — Article 7(1)(a) — Article 1(4) — Article 2(3) — Explanatory elements
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-43/18 CFE v Région de Bruxelles-Capitale
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-71/18 Skatteministeriet v KPC Herning
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Sale of land on which a building is located at the time of supply — Classification — Articles 12 and 135 — Concept of ‘building land’ — Concept of ‘building’ — Assessment of the economic and commercial reality — Evaluation of objective evidence — Intention of the parties
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
Case C-321/18 Terre wallonne v Région wallonne
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-347/18 Salvoni v Fiermonte
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 53 — Certificate relating to a judgment in civil and commercial matters in Annex I — Powers of the court of origin — Automatic verification whether there have been breaches of the rules on jurisdiction concerning consumer contracts
Request for a preliminary ruling from the Tribunale di Milano
Language of the case: Italian
Case C-473/18 GP v Bundesagentur für Arbeit, Familienkasse Baden-Württemberg West
Reference for a preliminary ruling – Social security – Migrant workers – EU rules on currency conversion – Regulation (EC) No 987/2009 – Decision No H3 of the Administrative Commission for the Coordination of Social Security Systems – Calculation of the differential supplement to family allowances that is payable to a worker residing in a Member State and working in Switzerland – Determination of the reference date for the rate of conversion
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
Joined Cases C-447/17 P and C-479/17 P European Union v Guardian Europe and Guardian Europe v European Union
Appeals — Actions for damages — Second paragraph of Article 340 TFEU — Excessive length of the proceedings in a case before the General Court of the European Union — Compensation for the damage allegedly sustained by the applicant — Concept of a ‘single undertaking’ not applied — Material damage — Bank guarantee costs — Causal link –– Loss of profit — Non-pecuniary damage — Liability of the European Union for damage caused by infringements of EU law arising from a decision of the General Court –– No incurring of liability
Language of the case: English
Case C-28/18 Verein für Konsumenteninformation v Deutsche Bahn
Reference for a preliminary ruling — Technical and business requirements for credit transfers and direct debits in euro — Regulation (EU) No 260/2012 — Single euro payments area (SEPA) — Payment by direct debit — Article 9(2) — Accessibility of payments — Residence condition
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-145/18 Regards Photographiques v Ministre de l'Action et des Comptes publics
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 103(2)(a) — Article 311(1), point 2 — Annex IX, Part A, point 7 — Reduced rate of VAT — Works of art — Concept — Photographs taken by the artist, printed by him or under his supervision, signed and numbered and limited to 30 copies — National legislation restricting the application of the reduced rate of VAT only to photographs that have artistic character
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-172/18 AMS Neve and Others v Heritage Audio and Rodríguez Arribas
Reference for a preliminary ruling — EU trade mark — Regulation (EC) No 207/2009 — Article 97(5) — Jurisdiction — Infringement proceedings — Jurisdiction of the courts of the Member State in which ‘the act of infringement has been committed’ — Advertising and offers for sale displayed on a website and on social media platforms
Request for a preliminary ruling from the Court of Appeal
Language of the case: English
Case C-331/18 TE v Pohotovosť
Reference for a preliminary ruling — Directive 2008/48/EC — Consumer protection — Consumer credit — Article 10(2)(h) and (i) and Article 10(3) — Information to be included in the agreement — National legislation laying down an obligation to specify for each payment the distribution between the repayment of capital, interest and charges
Request for a preliminary ruling from the Krajský súd v Prešove
Language of the case: Slovak
Case C-333/18 Lombardi v Comune di Auletta and Others
Reference for a preliminary ruling — Review procedures on the award of public supply and public works contracts — Directive 89/665/EEC — Action for annulment of the decision awarding a public contract by a tenderer whose bid was unsuccessful — Counterclaim brought by the successful tenderer — Admissibility of the main action in the event that the counterclaim is well founded
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-377/18 Criminal proceedings against AH and Others (Presumption of innocence)
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive (EU) 2016/343 — Article 4(1) — Presumption of innocence — Public references to guilt — Agreement concluded between the prosecutor and the perpetrator of an offence — National case-law providing for the identification of accused persons who have not concluded such an agreement — Charter of Fundamental Rights — Article 48
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-417/18 AW and Others v Lietuvos valstybė (Calls to 112)
Reference for a preliminary ruling — Directive 2002/22/EC — Universal service and users’ rights relating to electronic communications networks and services — Article 26(5) — Single European emergency call number — Making available caller location information
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
Case C-443/18 Commission v Italy (Bacterium Xylella fastidiosa)
Failure of a Member State to fulfil obligations – Protection of plant health – Directive 2000/29/EC – Protection against the introduction into and the spread within the European Union of organisms harmful to plants or plant products – Article 16(1) and (3) – Implementing Decision (EU) 2015/789 – Measures to prevent the introduction into and the spread within the European Union of Xylella fastidiosa (Wells et al.) – Article 7(2)(c) – Containment measures – Obligation to remove immediately infected plants in a 20 km strip in the infected zone – Article 7(7) – Obligation to monitor – Annual surveys – Article 6(2), (7) and (9) – Eradication measures – Persistent and general failure to fulfil obligations – Article 4(3) TEU – Obligation of sincere cooperation
Language of the case: Italian
Case C-468/18 R v P (Jurisdiction for parental responsibility and maintenance)
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matters relating to maintenance obligations — Regulation (EC) No 4/2009 — Article 3(a) and (d) and Article 5 — Court seised of three joined claims concerning the divorce of the parents of a minor child, parental responsibility and the maintenance obligation with regard to that child — Court declaring that it has jurisdiction relating to the divorce and no jurisdiction relating to parental responsibility — Jurisdiction to entertain proceedings with regard to the claim concerning the maintenance obligation — Court for the place where the defendant is habitually resident and before which he has entered an appearance
Request for a preliminary ruling from the Judecǎtoria Constanţa
Language of the case: Romanian
Case C-559/18 TDK-Lambda Germany v Hauptzollamt Lörrach
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Customs Union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Subheading 8504 40 30 — Static converters — Classification criteria — Main intended use
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
Case C-801/18 EU v Caisse pour l'avenir des enfants
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Freedom of movement for workers — Equal treatment — Article 45 TFEU — Regulation (EC) No 883/2004 — Article 4 — Social security convention concluded between the Member State of employment and a non-member country — Family allowances — Application to a frontier worker who is neither a national nor a resident of one of the Contracting States to the convention
Request for a preliminary ruling from the Conseil supérieur de la Sécurité sociale
Language of the case: French
Case C-94/18 Chenchooliah v Minister for Justice and Equality
Reference for a preliminary ruling — Citizenship of the Union — Article 21 TFUE — Right of Union citizens and their family members to move and reside freely in the territory of a Member State — Directive 2004/38/EC — Article 3(1) and Articles 15, 27, 28, 30 and 31 — Definition of ‘beneficiary’ — Third-country national, the spouse of a Union citizen who has exercised his right to freedom of movement — Return of the Union citizen to the Member State of which he is a national, where he is serving a prison sentence — Requirements imposed on the host Member State under Directive 2004/38/EC when making a decision to remove such a third-country national
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
Case C-123/18 P HTTS v Council
Appeal — Action for damages — Restrictive measures against Iran — Compensation for the damage allegedly suffered by the appellant following its inclusion in the list of persons and entities subject to the freezing of funds and economic resources
Language of the case: German
Joined Cases C-612/17 and C-613/17 FIG v ISTAT v Ministero dell'Economia e delle Finanze and FISE v ISTAT
Reference for a preliminary ruling – Regulation (EU) No 549/2013 – European system of national and regional accounts in the European Union – Paragraph 20.15 of Annex A – Control by a National Olympic Committee of national sports federations in the form of non-profit institutions (NPIs) – Second sentence of paragraph 20.15 of Annex A – Definition of ‘public intervention in the form of general regulations applicable to all units working in the same activity’ – Scope – First sentence of paragraph 20.15 of Annex A – Definition of ‘ability to determine the general policy or programme’ of an NPI – Scope – Paragraph 2.39(d), paragraph 20.15(d) and the last sentence of paragraph 20.309(i) of Annex A – Account taken of membership fees paid to the NPI
Requests for a preliminary ruling from the Corte dei Conti
Language of the case: Italian
Case C-676/17 Călin v Direcţia Regională a Finanţelor Publice Ploieşti and Others
Reference for a preliminary ruling — Principles of EU law — Procedural autonomy — Principles of equivalence and effectiveness — Principle of legal certainty — Res judicata — Recovery of taxes levied by a Member State in breach of EU law — Final decision of a court or tribunal imposing payment of a tax which is incompatible with EU law — Request for revision of such a decision — Time limit for submitting that request
Request for a preliminary ruling from the Curtea de Apel Ploieşti
Language of the case: Romanian
Case C-46/18 Caseificio Sociale San Rocco and Others v AGEA and Regione Veneto
Reference for a preliminary ruling — Milk and milk products sector — Quotas — Additional levy — Regulation (EEC) No 3950/92 — Article 2 — Collection of the levy by the purchaser — Deliveries exceeding the available reference quantity of the producer — Amount of the price of milk — Mandatory application of a deduction — Reimbursement of the amount of overpaid levy — Regulation (EC) No 1392/2001 — Article 9 — Purchaser — Non‑compliance with obligation to implement the additional levy — Producers — Non-compliance with obligation to make monthly payments — Protection of legitimate expectations
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-143/18 Romano v DSL Bank
Reference for a preliminary ruling — Consumer protection — Directive 2002/65/EC — Distance consumer loan agreement — Right of withdrawal — Exercising the right of withdrawal after the contract has been performed in full at the consumer’s express request — Communication to the consumer of information regarding the right of withdrawal
Request for a preliminary ruling from the Landgericht Bonn
Language of the case: German
Case C-383/18 Lexitor v Spółdzielcza Kasa Oszczędnościowo and Others
Reference for a preliminary ruling — Consumer protection — Credit agreements for consumers — Directive 2008/48/EC — Article 16(1) — Early repayment — Right of the consumer to a reduction in the total cost of the credit, consisting of the interest and the costs for the remaining duration of the contract
Request for a preliminary ruling from the Sąd Rejonowy Lublin-Wschód w Lublinie z siedzibą w Świdniku
Language of the case: Polish
Case C-397/18 DW v Nobel Plastiques Ibérica
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(2)(b)(ii) and Article 5 — Prohibition of any discrimination based on a disability — Worker particularly susceptible to occupational risks within the meaning of national law — Existence of a ‘disability’ — Dismissal for objective reasons based on criteria of productivity, multi-skilling in the undertaking’s posts and absenteeism — Particular disadvantage for disabled persons — Indirect discrimination — Reasonable accommodation — Individual who is not competent, capable and available to perform the essential functions of the post concerned
Request for a preliminary ruling from the Juzgado de lo Social n° 3 de Barcelona
Language of the case: Spanish
Case C-82/17 P TestBioTech and Others v Commission
Appeal — Environment — Genetically modified products — Commission decision authorising the placing on the market of products containing genetically modified soybean MON 87701 x MON 89788 — Regulation (EC) No 1367/2006 — Article 10(1) — Request for internal review of the decision, submitted under the provisions relating to public participation in environmental decision-making — Rejection of the request
Language of the case: English
Case C-299/17 VG Media v Google
Reference for a preliminary ruling — Industrial policy — Approximation of laws — Directive 98/34/EC — Procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services — Article 1(11) — Concept of ‘technical regulation’
Request for a preliminary ruling from the Landgericht Berlin
Language of the case: German
Case C-347/17 A and Others v Staatssecretaris van Economische Zaken
Reference for a preliminary ruling — Protection of health — Hygiene Package — Regulation (EC) No 853/2004 — Regulation (EC) No 854/2004 — Hygiene of food of animal origin — Poultry meat — Post-mortem inspection of carcasses — Visible contamination of a carcass — Zero-tolerance approach
Request for a preliminary ruling from the Rechtbank Rotterdam
Language of the case: Dutch
Case C-683/17 Cofemel v G-Star Raw
Reference for a preliminary ruling — Intellectual and industrial property — Copyright and related rights — Directive 2001/29/EC — Article 2(a) — Concept of ‘work’– Protection of works by copyright — Conditions — Connection with the protection of designs — Directive 98/71/EC — Regulation (EC) No 6/2002 — Clothing designs
Request for a preliminary ruling from the Supremo Tribunal de Justiça
Language of the case: Portuguese
Case C-688/17 Bayer Pharma v Richter Gedeon Vegyészeti Gyár and Exeltis Magyarország Gyógyszerkereskedelmi
Reference for a preliminary ruling — Intellectual property — Patents — Directive 2004/48/EC — Article 9(7) — Placing on the market of products infringing a patent right — Provisional measures — Patent subsequently declared invalid — Consequences — Right to appropriate compensation for losses caused by the provisional measures
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-709/17 P Commission v Kolachi Raj Industrial
Appeal — Dumping — Implementing regulation (EU) 2015/776 — Import of bicycles consigned from Cambodia, Pakistan and the Philippines — Extension to those imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China — Regulation (EC) No 1225/2009 — Article 13 — Circumvention — Assembly operations — Provenance and origin of bicycle parts — Parts consigned from China to Sri Lanka, worked in Sri Lanka and then consigned from Sri Lanka to Pakistan for assembly
Language of the case: English
Joined Cases C-64/18, C-140/18, C-146/18 and C-148/18 Maksimovic and Others v Bezirkshauptmannschaft Murtal and Finanzpolizei
References for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Posting of workers — Retention and translation of records of wages — Work permit — Penalties — Proportionality — Fines of a minimum predefined amount — Cumulative — No upper limit — Court costs — Custodial sentence in lieu of a fine
Requests for a preliminary ruling from the Landesverwaltungsgericht Steiermark
Language of the case: German
Case C-104/18 P Koton Mağazacilik Tekstil Sanayi ve Ticaret v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Absolute grounds for invalidity — Article 52(1)(b) — Bad faith at the time that an application for a trade mark is filed
Language of the case: English
Joined Cases C-199/18, C-200/18 and C-343/18 Pollo del Campo and Others v Regione Emilia-Romagna and Others and SAIGI Società Cooperativa Agricola and MA.GE.MA. Società Agricola Cooperativa v Emilia-Romagna and A.U.S.L. Romagna
Reference for a preliminary ruling — Approximation of laws — Regulation (EC) No 882/2004 — Article 27 — Official controls of feed and food — Financing — Fees or charges payable for official controls — Whether it is possible for Member States to exempt certain categories of operator — Minimum rates for fees
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-541/18 AS v Deutsches Patent- und Markenamt (#darferdas?)
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 3(1)(b) — Distinctive character — Criteria for assessment — Sign comprising a hashtag
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-526/17 Commission v Italy
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive 2004/18/EC – Coordination of procedures for the award of public works contracts, public supply contracts and public service contracts – Public works concession contracts – Extension of the duration of an existing concession for the construction and operation of a motorway without publication of a contract notice
Language of the case: Italian
Case C-700/17 Finanzamt Kyritz v Peters
Reference for a preliminary ruling — Taxation — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 132(1)(b) and (c) — Exemptions — Hospital and medical care — Provision of medical care in the exercise of the medical and paramedical professions — No confidential relationship between the person providing the care and the patient
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-32/18 Tiroler Gebietskrankenkasse v Moser
Reference for a preliminary ruling — Social security — Migrant workers — Regulation (EC) No 987/2009 — Article 60 — Family benefits — Right to payment of the difference between the parental allowance paid in the Member State having primary competence and the childcare allowance provided by the Member State having secondary competence
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-47/18 Skarb Pánstwa Rzeczpospolitej Polskiej v Riel
Reference for a preliminary ruling — Regulation (EU) No 1215/2012 — Jurisdiction in civil and commercial matters — Scope — Article 1(2)(b) — Bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings — Not included — Action for a declaration that a claim exists for the purposes of its registration in insolvency proceedings — Application of Regulation (EC) No 1346/2000 — Article 41 — Content of the lodgement of a claim — Main and secondary insolvency proceedings — Lis pendens and related actions — Application by analogy of Article 29(1) of Regulation No 1215/2012 — Inadmissibility
Request for a preliminary ruling from the Oberlandesgericht Wien
Language of the case: German
Case C-222/18 VIPA v Országos Gyógyszerészeti és Élelmezés-egészségügyi Intézet
Reference for a preliminary ruling – Cross-border healthcare – Directive 2011/24/EU – Articles 3(k) and 11(1) – Prescription – Definition – Recognition of a prescription issued in another Member State by an authorised person – Conditions – Free movement of goods – Prohibition of measures having equivalent effect to quantitative restrictions on exports – Articles 35 and 36 TFEU – Restriction on the dispensing by a pharmacy of prescription-only medicinal products – Order form issued in another Member State – Justification – Protection of human health and human life – Directive 2001/83/EC – Second paragraph of Article 81 – Supply of medicinal products to the public of a Member State
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-366/18 Ortiz Mesonero v UTE Luz Madrid Centro
Reference for a preliminary ruling — Social policy — Directive 2010/18/EU — Revised Framework Agreement on parental leave — National legislation making the granting of parental leave conditional on a reduction in working time, with a proportional reduction in pay — Shift work with variable hours — Request of the worker to perform his work at a fixed schedule to care for his minor children — Directive 2006/54/EC — Equal opportunities and equal treatment of men and women in employment and occupation — Indirect discrimination — Partial inadmissibility
Request for a preliminary ruling from the Juzgado de lo Social n° 33 de Madrid
Language of the case: Spanish
Joined Cases C-662/18 and C-672/18 AQ and DN v Ministre de l'Action et des Comptes publics (Capital gain relating to the exchange of securities)
References for a preliminary ruling — Direct taxation — Directive 90/434/EEC — Directive 2009/133/EC — Article 8 — Capital gains relating to exchange of securities transactions — Transfer of securities received at the time of the exchange — Capital gain on which tax has been deferred — Taxation of the shareholders — Taxation on the basis of different bases of assessment and rate rules — Reductions of the basis of assessment taking into account the period for which securities have been held
Requests for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-34/18 Lovasné Tóth v ERSTE Bank Hungary
Reference for a preliminary ruling — Consumer protection — Directive 93/13/CEE — Unfair terms in consumer contracts — Article 3(1) and (3) — Annex to Directive 93/13/EEC — Point 1(m) and (q) — Loan agreement secured by a mortgage — Notarial instrument — Affixation of the enforcement clause by a notary — Reversal of the burden of proof — Article 5(1) — Plain and intelligible drafting
Request for a preliminary ruling from the Fővárosi Ítélőtábla
Language of the case: Hungarian
Joined Cases C-95/18 and C-96/18 Sociale Verzekeringsbank v van den Berg and Others
References for a preliminary ruling — Social security for migrant workers — Regulation (EEC) No 1408/71 — Article 13 — Applicable law — Resident of a Member State falling within the scope of Regulation (EEC) No 1408/71 — Allowances under the old-age pension or child benefit schemes — Member State of residence and Member State of employment — Refusal
Requests for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-251/18 Trace Sport v Inspecteur van de Belastingdienst/Douane, kantoor Eindhoven
Request for a preliminary ruling from the Rechtbank Noord-Holland
Language of the case: Dutch
Case C-467/18 Criminal proceedings against EP
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Articles 6, 47 and Article 51(1) of the Charter of Fundamental Rights of the European Union — Directive 2012/13/EU — Article 8(2) — Directive 2013/48/EU — Article 12 — Directive (EU) 2016/343 — Article 3 — National legislation authorising, on therapeutic and safety grounds, the committal to a psychiatric hospital of persons who, in a state of insanity, have committed acts representing a danger to society — Right to information about rights — Right of access to a lawyer — Right to an effective remedy — Presumption of innocence — Vulnerable persons
Request for a preliminary ruling from the Rayonen sad Lukovit
Language of the case: Bulgarian
Case C-527/18 Gesamtverband Autoteile-Handel v KIA Motors
Reference for a preliminary ruling — Approximation of laws — Motor vehicles — Regulation (EC) No 715/2007 — First sentence of Article 6(1) — Vehicle repair and maintenance information — Manufacturers’ obligations towards independent operators — Unrestricted access in a standardised format to that information — Procedures — Prohibition of discrimination
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-544/18 Commissioners for Her Majesty's Revenue & Customs v Dakneviciute
Reference for a preliminary ruling — Article 49 TFEU — Freedom of establishment — Self-employment — National of a Member State who ceases to be self-employed because of the physical constraints in the late stages of pregnancy and the aftermath of childbirth — Retention of self-employed status
Request for a preliminary ruling from the Upper Tribunal
Language of the case: English
Case C-136/17 GC and Others v CNIL (De-referencing of sensitive data)
Reference for a preliminary ruling — Personal data — Protection of individuals with regard to the processing of personal data contained on websites — Directive 95/46/EC — Regulation (EU) 2016/679 — Search engines on the internet — Processing of data appearing on websites — Special categories of data referred to in Article 8 of Directive 95/46 and Articles 9 and 10 of Regulation 2016/679 — Applicability of those articles to operators of a search engine — Extent of that operator’s obligations with respect to those articles — Publication of data on websites solely for journalistic purposes or the purpose of artistic or literary expression — Effect on the handling of a request for de-referencing — Articles 7, 8 and 11 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-507/17 Google v CNIL (Territorial scope of de-referencing)
Reference for a preliminary ruling — Personal data — Protection of individuals with regard to the processing of such data — Directive 95/46/EC — Regulation (EU) 2016/679 — Internet search engines — Processing of data on web pages — Territorial scope of the right to de-referencing
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-185/19 KE v LF
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Right to effective legal protection — Legal precedent — Arbitral tribunal — Manifest inadmissibility and lack of jurisdiction of the Court of Justice — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice
Request for a preliminary ruling from the Tribunalul Arbitral de pe lângă Asociaţia de arbitraj de pe lângă Baroul Cluj
Language of the case: Romanian
Case C-467/19 PPU Criminal proceedings against QR (Presumption of innocence)
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in criminal matters — Directive (EU) 2016/343 — Article 7(4) — Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings — Right to remain silent and right not to incriminate oneself — Agreement between the prosecutor and the offender — Approval of such an agreement by the court — Condition — Consent of the other accused persons — Charter of Fundamental Rights of the European Union — Not applicable
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-63/18 Vitali v Autostrade per l'Italia
Reference for a preliminary ruling — Articles 49 and 56 TFEU — Public procurement — Directive 2014/24/EU — Article 71 — Subcontracting — National legislation limiting the possibility of subcontracting to 30% of the total amount of the contract
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia
Language of the case: Italian
Case C-600/18 UTEP 2006. v Vas Megyei Kormányhivatal Hatósági Főosztály, Hatósági, Építésügyi és Oktatási Osztály
Reference for a preliminary ruling — Road transport — Articles 91 and 92 TFEU — Regulation (EU) No 165/2014 — Article 32(3), Article 33(1) and Article 41(1) — Infringement of the rules on the use of tachographs — Duty of Member States to make provision for effective, dissuasive and non-discriminatory penalties — Resident and non-resident small and medium-sized enterprises — Differential treatment
Request for a preliminary ruling from the Szombathelyi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Information (on unpublished decisions)
Case C-188/19 P FV v Council
Case C-317/19 P Kayibanda and Sors v Commission
Case C-290/18 Commission v Portugal (Designation and protection of special areas of conservation)
Failure of a Member State to fulfil obligations — Environment — Directive 92/43/EEC — Wild fauna and flora — Conservation of natural habitats as well as wild fauna and flora — Article 4(4) — Annexes I and II — Sites of Community importance — Non-designation — Special areas of conservation — Necessary measures — Failure to adopt
Case C-162/19 P Iceland Foods v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Absolute grounds for refusal — Decision of the Board of Appeal to stay the proceedings and remit the case to the examiner for an examination of the absolute grounds for refusal — Appeal manifestly unfounded
Case C-230/19 P Fryč v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for annulment — Article 263, sixth para., TFEU – Starting point of the period prescribed for instituting proceedings — Delay — Appeal manifestly unfounded
Case C-239/19 Eli Lilly and Company v Genentech
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Supplementary protection certificate for medicinal products — Regulation (EC) No 469/2009 — Article 3(b) — Conditions for obtaining — Marketing authorisation — Authorisation issued to a third party — Manifest inadmissibility
Case C-499/19 P Lupu v EUIPO
Appeal — EU trade mark — Article 170a(1) of the Rules of Procedure of the Court of Justice — No request that the appeal be allowed to proceed — Appeal inadmissible
Case C-318/19 P(R) Lantmännen and Lantmännen Agroetanol v Commission
Appeal — Order for interim measures — Competition — Agreements, decisions and concerted practices — Market for biofuels — Manipulation of ethanol benchmarks — Settlement procedure — Access to allegedly confidential documents — Urgency — Serious and irreparable damage — Prima facie case
Case C-375/19 P Wirecard Technologies v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Appeal not demonstrating the significance of an issue of law with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-540/18 P HX v Council
Appeal — Restrictive measures taken against the Syrian Arab Republic — Measures directed against influential businessmen and women engaged in activities in Syria — Proof that inclusion on the lists is well founded
Case C-68/19 P Camomilla v EUIPO
Case C-98/19 P Comprojecto-Projectos e Construções and Others v Portugal
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Grounds of appeal not satisfying the requirements of Article 169(1) of the Rules of Procedure of the Court of Justice — Appeal in part manifestly inadmissible — Action brought by an actual or legal person against a Member State — Appeal in part manifestly unfounded — Appeal brought against a newsletter from the Registry of the General Court — Appeal in part manifestly inadmissible
Case C-124/19 P Vitromed v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the figurative mark containing the word elements Vitromed Germany — Rejection of the application
Case C-421/19 P Primed Halberstadt Medizintechnik v EUIPO
Appeal — EU trade mark — Article 170b of the Court’s Rules of Procedure — Request failing to demonstrate a significant issue of law with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-444/19 P Kiku v CPVO
Appeal — Community plant variety rights — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Appeal not demonstrating the significance of an issue of law with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-358/18 P Poland v Commission
Appeal — EAGGF, EAGF and EAFRD — Expenditure excluded from EU financing — Expenditure incurred by the Republic of Poland — Producer group — Producer organisation
Case C-325/19 P Renew Consorzio Energie Rinnovabili v Commission and Italy
Case C-228/19 P ETI Gıda Sanayi ve Ticaret v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word sign ETI Bumbo — Rejection of the application for registration
Case C-728/18 P EM Research Organization v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Invalidity proceedings — Word mark EM — Regulation (EC) No 207/2009 — Article 7(1)(c) — Grounds for invalidity — Word mark which consists exclusively of signs or indications which may serve to designate the characteristics of goods or services — Trade mark consisting of an abbreviation
Case C-60/19 P Mouvement pour une Europe des nations et des libertés v Parliament
Appeal — Institutional law — Political parties at European level and the rules regarding their funding — Regulation (EC) No 2004/2003 — Article 7 — Prohibition on the indirect funding of a national political party — Decision of the European Parliament declaring certain expenses of a political party at the European level ineligible for a grant in respect of the financial year 2015 — Principle of sound administration — Principle of legal certainty
Case C-278/19 P Mas Que Vinos Global v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word mark EL SEÑORITO — Rejection of the application for registration — Genuine use of the earlier mark
Case C-11/18 P Klymenko v Council
Appeal — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds and economic resources — List of persons, entities and bodies covered by the freezing of funds and economic resources — Maintenance of the appellant’s name — Decision by an authority of a third State — Council’s obligation to verify that that decision was taken in accordance with the rights of the defence and the right to effective judicial protection — Obligation to state reasons
Case C-556/18 Commission v Spain (Waters - Updating of the river basin management plans of the Canary Islands)
Case C-71/19 P Barata v Parliament
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Civil service — Officials — 2015 certification procedure — Staff Regulations of Officials — Article 45a — Complaint — Rights of defence — Article 90(2)
Case C-277/19 R. D. and A. D. v Raiffeisenbank St. Stefan-Jagerberg-Wolfsberg
Case C-315/19 YU v Wallonische Region
Reference for a preliminary ruling — Freedom of movement for workers — Road traffic — Registration of motor vehicles — Driver resident in one Member State — Vehicle registered in another Member State — Vehicle made available to an employee by an employer established in that other Member State — Obligation to provide on the spot evidence of lawful use of such a vehicle during an inspection — Proportionality
Case C-358/19 P PITEE Fogyasztóvédelmi Egyesület v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Law governing the institutions — Actions for damages — Failure by the European Commission to adopt appropriate measures to ensure compliance, by Hungarian courts, with the principles of a fair procedure — Inadmissibility — Duty of the General Court to state reasons — Appeal manifestly unfounded
Case C-461/19 P All Star v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate the significance of an issue of law with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
October 2019
Case C-616/17 Criminal proceedings against Blaise and Others
Reference for a preliminary ruling — Environment — Placing of plant protection products on the market — Regulation (EC) No 1107/2009 — Validity — Precautionary principle — Definition of the concept of ‘active substance’ — Combination of active substances — Reliability of the assessment procedure — Public access to the dossier — Tests of long-term toxicity — Pesticides — Glyphosate
Request for a preliminary ruling from the Tribunal correctionnel de Foix
Language of the case: French
Case C-673/17 Bundesverband der Verbraucherzentralen und Verbraucherverbände v Planet49
Reference for a preliminary ruling — Directive 95/46/EC — Directive 2002/58/EC — Regulation (EU) 2016/679 — Processing of personal data and protection of privacy in the electronic communications sector — Cookies — Concept of consent of the data subject — Declaration of consent by means of a pre-ticked checkbox
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-495/18 Criminal proceedings against YX (Forwarding of a judgment to the Member State of nationality of the sentenced person)
Reference for a preliminary ruling — No need to adjudicate
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
Case C-93/18 Bajratari v Secretary of State for the Home Department
Reference for a preliminary ruling — Citizenship of the Union — Directive 2004/38/EC — Right of residence of a third-country national who is a direct relative in the ascending line of Union citizen minors — Article 7(1)(b) — Condition of sufficient resources — Resources formed by income from employment occupied without a residence card and work permit
Request for a preliminary ruling from the Court of Appeal in Northern Ireland
Language of the case: English
Joined Cases C-152/18 P and C-153/18 P Crédit Mutuel Arkéa v ECB
Language of the case: French
Case C-621/17 Kiss and CIB Bank v Kiss
Reference for a preliminary ruling – Consumer protection – Unfair terms in consumer contracts – Directive 93/13/EEC – Article 3(1) – Assessment of the unfair nature of contractual terms – Article 4(2) – Article 5 – Requirement that contractual terms be drafted in plain and intelligible language – Terms requiring the payment of costs for unspecified services
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-18/18 Glawischnig-Piesczek v Facebook Ireland
Reference for a preliminary ruling — Information society — Free movement of services — Directive 2000/31/EC — Liability of intermediary service providers — Article 14(1) and (3) — Hosting services provider — Possibility of requiring the service provider to terminate or prevent an infringement — Article 18(1) — Personal, material and territorial limits on the scope of an injunction — Article 15(1) — No general obligation to monitor
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-42/18 Finanzamt Trier v Cardpoint
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-70/18 Staatssecretaris van Justitie en Veiligheid v A and Others
Reference for a preliminary ruling — EEC-Turkey Association Agreement — Decision No 2/76 — Article 7 — Decision No 1/80 — Article 13 — ‘Standstill’ clauses — New restriction — Collection, registration and retention of biometric data of Turkish nationals in a central filing system — Overriding reasons of public interest — Objective of preventing and combating identity and document fraud — Articles 7 and 8 of the Charter of Fundamental Rights of the European Union — Right to respect for private life — Right to the protection of personal data — Proportionality
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-197/18 Proceedings brought by Wasserleitungsverband Nördliches Burgenland and Others
Reference for a preliminary ruling — Environment — Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources — Objective of reducing pollution — Waters affected by pollution — Maximum nitrate level of 50 mg/l — Action programmes adopted by the Member States — Rights of individuals to have such a programme amended — Locus standi before the national authorities and courts
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
Case C-208/18 Petruchová v FIBO Group
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 17(1) — Jurisdiction over consumer contracts — Notion of ‘consumer’ — Natural person carrying out transactions on the international exchange market through the intermediary of a brokerage company — Regulation (EC) No 593/2008 (Rome I) — Directive 2004/39/EC — Notion of ‘retail client’
Request for a preliminary ruling from the Nejvyšší soud České republiky
Language of the case: Czech
Case C-260/18 Dziubak v Raiffeisen Bank International
Reference for a preliminary ruling — Directive 93/13/EEC — Consumer contracts — Unfair terms — Mortgage loan indexed to a foreign currency — Term relating to arrangement of the exchange rate between the currencies — Effects of a declaration that a term is unfair — Whether it is possible for the court to remedy unfair terms by having recourse to general terms of civil law — Assessment of the consumer’s interests — Continued existence of the contract without unfair terms
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
Case C-267/18 Delta Antrepriză de Construcţii şi Montaj 93 v Compania Naţională de Administrare a Infrastructurii Rutiere
Reference for a preliminary ruling — Public Procurement — Public procurement procedure — Directive 2014/24/EU — Article 57(4) — Optional grounds for exclusion — Exclusion of an economic operator from participating in a public procurement procedure — Early termination of a prior contract on account of partial subcontracting — Concept of ‘significant or persistent deficiencies’ — Scope
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-272/18 Verein für Konsumenteninformation v TVP
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Law applicable to contractual obligations — Exclusion of company law from the scope of the Rome Convention and of Regulation (EC) No 593/2008 (Rome I) — Trust agreement concluded between a professional and a consumer for the management of shares in a limited partnership
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-274/18 Schuch-Ghannadan v Medizinische Universität Wien
Reference for a preliminary ruling – Social policy – Framework Agreement on part-time work – Clause 4 – Principle of non-discrimination – Less favourable treatment of part-time workers compared to full-time workers as regards their conditions of employment – Prohibition – National legislation fixing a maximum duration of fixed-term employment that is longer for part-time workers than for full-time workers – Principle of pro rata temporis – Directive 2006/54/EC – Equal treatment of men and women in matters of employment and occupation – Article 2(1)(b) – Concept of ‘indirect discrimination’ on grounds of sex – Article 14(1)(c) – Employment and working conditions – Article 19 – Burden of proof
Request for a preliminary ruling from the Arbeits- und Sozialgericht Wien
Language of the case: German
Case C-285/18 Proceedings brought by Kauno miesto savivaldybė and Kauno miesto savivaldybės administracija
Reference for a preliminary ruling — Public procurement — Directive 2014/24/EU — Article 12(1) — Temporal application — Freedom of the Member States as to choice of how services are provided — Limits — Public contracts subject to so-called ‘in house’ awards — In-house transaction — Overlapping of a public contract and an in-house transaction)
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-302/18 X v Belgische Staat (Long-term residents — stable, regular and sufficient resources)
Reference for a preliminary ruling — Immigration policy — Status of third-country nationals who are long-term residents — Directive 2003/109/EC — Conditions for acquiring long-term resident status — Article 5(1)(a) — Stable, regular and sufficient resources
Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen
Language of the case: Dutch
Case C-329/18 Valsts ieņēmumu dienests v Altic
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Procurement of food products — Deduction of input tax — Refusal of deduction — Possibly fictitious supplier — VAT fraud — Requirements relating to knowledge on the part of the purchaser — Regulation (EC) No 178/2002 — Obligations of traceability of foodstuffs and identification of the supplier — Regulations (CE) No 852/2004 and (EC) No 882/2004 — Registration obligations of operators in the food sector — Effect on the right to deduct VAT
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
Case C-378/18 Landwirtschaftskammer Niedersachsen v Westphal
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-632/18 Fonds du Logement de la Région de Bruxelles-Capitale v Institut des Comptes nationaux (ICN)
Reference for a preliminary ruling — Economic and monetary policy — European system of national and regional accounts in the European Union — Regulation (EU) No 549/2013 — General government sector — Captive financial institution — Concept — Company offering, under government control, mortgage loans to average-income and low-income households
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-759/18 OF v PG (Divorce involving a minor)
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 2201/2003 — Jurisdiction to hear and determine an application for divorce — Jurisdiction in matters of parental responsibility and maintenance obligations with regard to the couple’s minor child — Bringing of proceedings before a court of the State of the nationality of the parties — Article 3(1)(b) — Minor child and parents resident in another Member State — Article 12(1)(b) — Prorogation of jurisdiction — Article 17 — Ascertaining jurisdiction — Concept of ‘parental responsibility’
Request for a preliminary ruling from the Judecătoria Rădăuţi
Language of the case: Romanian
Case C-171/18 Safeway v Newton and Safeway Pension Trustees
Reference for a preliminary ruling — Social policy — Article 119 of the EC Treaty (now, after amendment, Article 141 EC) — Male and female workers — Equal pay — Private occupational retirement pension scheme — Normal pension age differentiated by gender — Date of adoption of measures reinstating equal treatment — Retroactive equalisation of that age to the normal pension age of the persons previously disadvantaged
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
Case C-548/18 BGL BNP Paribas v TeamBank
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 593/2008 — Law applicable to contractual obligations — Article 14 — Assignment of claims — Third-party effects
Request for a preliminary ruling from the Saarländisches Oberlandesgericht
Language of the case: German
Joined Cases C-573/18 and C-574/18 C v Finanzamt Z (VAT and agricultural subsidies)
Reference for a preliminary ruling — Sixth Council Directive 77/388/EEC — Article 11A(1)(a) — Taxable amount — Subsidy directly linked to price — Regulation (EC) No 2200/96 — Article 11(1) and Article 15 — Producer organisation having set up an operational fund — Deliveries made by the producer organisation to its members in exchange for payments not covering the entirety of the purchase price — Additional financing paid by the operational fund
Requests for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-489/19 PPU NJ
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 1(1) — Concept of ‘European arrest warrant’ — Minimum requirements on which validity depends — Article 6(1) — Concept of ‘issuing judicial authority’ — European arrest warrant issued by the public prosecutor’s office of a Member State — Status — Whether subordinate to a body of the executive — Power of a Minister for Justice to issue instructions in a specific case — Certification of the European arrest warrant by a court before its transmission
Request for a preliminary ruling from the Kammergericht Berlin
Language of the case: German
Case C-674/17 Luonnonsuojeluyhdistys Tapiola v Mustonen and Others
Reference for a preliminary ruling — Conservation of natural habitats and of wild fauna and flora — Directive 92/43/EEC — Article 12(1) — System of strict protection of animal species — Annex IV — Canis lupus (wolf) — Article 16(1)(e) — Derogation allowing the taking of certain specimens in limited numbers — Hunting for population management purposes — Evaluation of the conservation status of populations of the species concerned
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-703/17 Krah v Universität Wien
Reference for a preliminary ruling – Free movement of persons – Article 45 TFEU – Workers – Regulation (EU) No 492/2011 – Article 7(1) – Postdoctoral senior lecturers – Limitation on the recognition of previous periods of professionally relevant service completed in another Member State – System of pay linking a higher rate of pay to the duration of employment with the current employer
Request for a preliminary ruling from the Oberlandesgericht Wien
Language of the case: German
Case C-128/18 Dorobantu
Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Grounds for refusal of execution — Article 4 of the Charter of Fundamental Rights of the European Union — Prohibition of inhuman or degrading treatment — Conditions of detention in the issuing Member State — Assessment by the executing judicial authority — Criteria
Request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg
Language of the case: German
Joined Cases C-4/18 and C-5/18 Winterhoff v Finanzamt Ulm and Eisenbeis v Bundeszentralamt für Steuern
Reference for a preliminary ruling — Taxation — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 132(1)(a) — Exemptions for certain activities in the public interest — Public postal services — Directive 97/67/EC — Universal postal service provider — Private operator providing the service of formally serving court or administrative authority documents
Requests for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-189/18 Glencore Agriculture Hungary v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-270/18 UPM France v Premier ministre and Ministre de l'Action et des Comptes publics
Reference for a preliminary ruling — Directive 2003/96/EC — Taxation of energy products and electricity — Third subparagraph of Article 21(5) — Exemption of small producers of electricity, subject to the taxation of electricity produced — Lack, during an authorised transitional period, of an internal tax on end consumption of electricity — Article 14(1)(a) — Obligation to exempt energy products and electricity used to produce electricity
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-490/18 SD v Agrárminiszter
Request for a preliminary ruling from the Budapest Környéki Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-692/17 Paulo Nascimento Consulting v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Exemptions — Article 135(1)(b) and (d) — Transactions relating to the granting, negotiation and management of credit — Transactions concerning debts, with the exception of the recovery of debt — Assignment for consideration, to a third party, of a position held in enforcement proceedings for recovery of a debt recognised by a judgment
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-31/18 Elektrorazpredelenie Yug v Komisia za energiyno i vodno regulirane
Reference for a preliminary ruling — Directive 2009/72/EC — Internal market in electricity — Article 2(3) to (6) — Concepts of electricity transmission system and electricity distribution system — Distinguishing criteria — Voltage — Ownership of installations — Article 17(1)(a) — Independent transmission operator — Articles 24 and 26 — Distribution system operator — Article 32(1) — Free third-party access — Access to medium-voltage electricity — Interconnection points between transmission and distribution systems — Discretion of the Member States
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C-239/18 Saatgut-Treuhandverwaltung v Freistaat Thüringen
Reference for a preliminary ruling — Plant variety rights — Regulation (EC) No 2100/94 — Derogation provided for in Article 14 — Regulation (EC) No 1768/95 — Article 11(1) and (2) — Requests for information — Information provided by official bodies — Request for information on the actual use of material of specific species or varieties — Content of the request
Request for a preliminary ruling from the Thüringer Oberlandesgericht
Language of the case: German
Case C-403/18 P Alcogroup and Alcodis v Commission
Language of the case: French
Case C-423/18 Südzucker v Hauptzollamt Karlsruhe
Reference for a preliminary ruling – Agriculture – Common organisation of the markets – Regulation (EC) No 967/2006 – Article 3(2) – Sugar – Surplus amount – Time limit for notifying the total levy to be paid – Time limit for a retrospective correction – Principles of proportionality, legal certainty and the protection of legitimate expectations
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
Case C-459/18 Argenta Spaarbank v Belgische Staat
Reference for a preliminary ruling — Tax legislation — Corporation tax — Deduction for risk capital — Reduction of the amount deductible by companies with a permanent establishment in another Member State which generates exempt income under a double taxation convention — Article 49 TFEU — Freedom of establishment — Unfavourable treatment — No such treatment
Request for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen
Language of the case: Dutch
Case C-569/18 Caseificio Cirigliana and Others v Ministero delle Politiche agricole, alimentari e forestali and Others
Reference for a preliminary ruling — Regulation (EU) No 1151/2012 — Article 4(c) and Article 7(1)(e) — Quality schemes applicable to agricultural products and foodstuffs — Fair competition — PDO Mozzarella di Bufala Campana — Obligation to separate production areas for ‘PDO Mozzarella di Bufala Campana’
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-579/18 Ministère public and Ministre des Finances du Royaume de Belgique v QC and Comida paralela 12
Reference for a preliminary ruling — Excise duty — Directive 2008/118/EC — Articles 8 and 38 — Person liable to pay excise duty following the irregular introduction of goods into a Member State — Definition — Company having civil liability for acts of its manager
Request for a preliminary ruling from the Cour d'appel de Liège
Language of the case: French
Case C-653/18 Unitel v Dyrektor Izby Skarbowej w Warszawie
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 146 — Exemptions on exportation — Concept of ‘supply of goods’ — Article 131 — Conditions laid down by the Member States — Principle of proportionality — Principle of fiscal neutrality — Evidence — Tax evasion — Practice of a Member State consisting in refusing the right to exemption where the person acquiring the goods exported is not identified
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-324/17 Criminal proceedings against Gavanozov
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2014/41/EU — European Investigation Order (EIO) in criminal matters — Article 5(1) — Form set out in Annex A — Section J — Absence of legal remedies in the issuing Member State
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-212/18 Prato Nevoso Termo Energy v Provincia di Cuneo and ARPA Piemonte
Reference for a preliminary ruling — Environment — Directive 2008/98/EC — Waste — Used vegetable oils having undergone chemical treatment — Article 6(1) and (4) — End-of-waste status — Directive 2009/28/EC — Promotion of the use of energy from renewable sources — Article 13 — National authorisation, certification and licensing procedures that are applied to plants for the production of electricity, heating or cooling from renewable energy sources — Use of a bioliquid as a power source for an electric power plant
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte
Language of the case: Italian
Joined Cases C-469/18 and C-470/18 IN and JM v Belgische Staat
Reference for a preliminary ruling — Taxation — Personal Income Tax — Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
Case C-515/18 Autorità Garante della Concorrenza e del Mercato v Regione autonoma della Sardegna (Direct award of a public transport service contract)
Reference for a preliminary ruling — Regulation (EC) No 1370/2007 — Public passenger transport services — Rail transport — Public service contracts — Direct award — Obligation to publish a prior information notice in relation to the direct award — Scope
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Sardegna
Language of the case: Italian
Case C-636/18 Commission v France (Exceedance of the limit values for nitrogen dioxide)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and persistent exceedance of the limit values for nitrogen dioxide (NO2) in certain French zones and agglomerations – Article 23(1) – Annex XV – Exceedance period ‘as short as possible’ – Appropriate measures
Language of the case: French
Case C-756/18 LC and MD v easyJet Airline
Reference for a preliminary ruling — Rules of Procedure of the Court of Justice — Article 99 — Air transport — Regulation (EC) No 261/2004 — Long delay of a flight — Passengers’ right to compensation — Proof of the passenger’s presence for check-in — Reservation confirmed by the air carrier
Request for a preliminary ruling from the Tribunal d'instance d'Aulnay-sous-Bois
Language of the case: French
Case C-35/19 BU v État belge
Reference for a preliminary ruling — Free movement of workers — Equal treatment — Income tax — National legislation — Tax exemption for disability allowances — Allowances received in another Member State — Not included — Difference in treatment
Request for a preliminary ruling from the Tribunal de première instance de Liège
Language of the case: French
Case C-613/19 P Porsche v EUIPO
Appeal — Community design — Determination as to whether appeals should be allowed to proceed– Article 170b of the Rules of Procedure of the Court — Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Language of the case: German
Case C-614/19 P Porsche v EUIPO
Appeal — Community design — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court — Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Language of the case: German
Case C-391/17 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Own resources — Association of the Overseas Countries and Territories (OCT) with the European Union — Decision 91/482/EEC — Article 101(2) — Acceptance for import into the European Union free of customs duties of products not originating in the OCT but which are in free circulation in an OCT and are re-exported as such to the European Union — Export certificates EXP — Wrongful issue of certificates by the authorities of an OCT — Article 4(3) TEU — Principle of sincere cooperation — Liability of the Member State having special relations with the OCT concerned — Obligation to compensate for the loss of the European Union’s own resources caused by the wrongful issue of export certificates EXP — Imports of aluminium from Anguilla
Language of the case: English
Case C-395/17 Commission v Netherlands
Failure of a Member State to fulfil obligations — Own resources — Association of the Overseas Countries and Territories (OCT) with the European Union — Decision 91/482/EEC — Decision 2001/822/EC — Acceptance for import into the European Union free of customs duties of products originating in the OCTs — Movement certificate EUR. 1 — Wrongful issue of certificates by the authorities of an OCT — Customs duties not collected by the importing Member States — Article 4(3) TEU — Principle of sincere cooperation — Liability of the Member State having special relations with the OCTs concerned — Obligation to compensate the loss of the European Union’s own resources caused by the wrongful issue of EUR.1 certificates — Imports of milk powder and rice from Curaçao and of groats and meal from Aruba
Language of the case: Dutch
Case C-281/18 P Repower v EUIPO
Appeal – EU trade mark – Invalidity proceedings – Revocation of the Board of Appeal’s original decision partially rejecting the application for a declaration of invalidity of the EU word mark REPOWER
Language of the case: French
Information (on unpublished decisions)
Case C-236/19 P Szécsi and Somossy v Commission
Appeal — Law governing the institutions — Actions for damages — Alleged unlawfulness stemming from the failure to bring an action for a declaration of a failure to fulfil obligations under Article 258 TFEU — Discretionary power of the European Commission — Appeal manifestly unfounded
Case C-284/19 P Clarke v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Action for annulment — Actions for failure to act — Refusal of the European Commission to bring infringement proceedings under Article 258 TFEU against a Member State
Case C-295/19 P Apple v Pear Technologies
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Opposition proceedings — Application for registration of the figurative mark containing the word element ‘pear’ — Earlier figurative mark depicting an apple — Relative ground for refusal — Regulation (EC) No 207/2009 — Article 8(5) — No similarity between the signs at issue — Appeal manifestly unfounded)
Case C-460/19 P Stada Arzneimittel v EUIPO
Case C-251/19 P Comprojecto-Projectos e Construções and Others v ECB
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Article 169 of the Rules of Procedure of the Court of Justice — Absence of form of order sought — Lack of clarity of the application — Manifest inadmissibility
Case C-293/19 P Et Djili Soy Dzhihangir Ibryam v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Opposition proceedings — Application for registration of the figurative mark containing the word element Djili — Earlier national word mark containing the word element GILLY — Relative ground for refusal
Case C-652/18 SZ v Mitnitsa Burgas
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Controls of cash entering or leaving the European Union — Regulation (EC) No 1889/2005 — Article 3(1) — Infringement of the obligation to declare — Article 9(1) — Penalties provided for by national law — National legislation — Fine and confiscation of the undeclared sum by the State — Proportionality
Case C-351/19 P Gollnisch v Parliament
Appeal — Article 181 of the Rules of Procedure of the Court — European Parliament — Decision of the President of the Delegation for Relations with Japan — List of persons authorised to take part in an interparliamentary meeting in Japan not including the applicant’s name — Period for instituting proceedings — Starting point of the period for instituting proceedings — Delay — Appeal manifestly unfounded
Case C-47/19 HA v Finanzamt Hamburg-Barmbek-Uhlenhorst
Case C-586/19 P L'Oréal v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-587/19 P L'Oréal v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-588/19 P L'Oréal v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-589/19 P L'Oréal v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-590/19 P L'Oréal v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-577/19 P KID-Systeme v EUIPO
Appeal — EU trade mark — Whether appeals may be allowed to proceed — Article 170b of the Court’s Rules of Procedure — Request failing to demonstrate a significant issue of law with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-604/16 P-DEP PT Pelita Agung Agrindustri v Council
Taxation of costs
Case C-605/16 P-DEP PT Ciliandra Perkasa v Council
Taxation of costs
Joined Cases C-439/18 and C-472/18 OH and ER v AEAT (Calculation of the length of service of vertical-cyclical part-time workers)
Reference for a preliminary ruling — Social policy — Directive 97/81/EC — Framework Agreement on part-time work — Clause 4 — Male and female workers — Principle of equal opportunities and equal treatment of men and women in matters of employment and occupation — Directive 2006/54/EC — Article 14(1) — Vertical part-time worker — Recognition of length of service — Method of calculation of three-yearly length-of-service increments — Exclusion of periods not worked
Case C-514/18 P Landeskammer für Land- und Forstwirtschaft in Steiermark v Schmid
Appeal — European Union trade mark — Regulation (EC) No 207/2009 — Article 15 — Concept of ‘genuine use’ — Requirement to use the mark in accordance with its essential function
Case C-58/19 P Azarov v Council
Case C-582/19 P Holzer y Cia v EUIPO
Appeal — EU trade mark — Whether appeals may be allowed to proceed — Article 170b of the Court’s Rules of Procedure — Request failing to demonstrate a significant issue of law with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-211/17 Topaz v Juncu and Juncu (née Cernica)
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Promissory contract for sale and purchase drafted by the property developer and certified by a notary — Article 3(2) and Article 4(1) — Proof of the negotiated nature of the terms — Presumption — Consumer’s signature of the contract — Article 3(3) — Paragraph 1(d) to (f) and (i) of the Annex — Express forfeiture clause — Penalty clause — Unfairness — Articles 6 and 7 — Possibility for the national court to vary the term found to be unfair
Case C-292/19 Porr Építési Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Common system of value added tax (VAT) — Taxable amount — Reduction — Directive 2006/112/EEC — Article 90 — Principle of fiscal neutrality — Debt that became irrecoverable following insolvency proceedings
Case C-599/19 P Rietze v EUIPO
Case C-408/19 P Hochmann Marketing v Council
Case C-409/19 P Hochmann Marketing v Commission
November 2019
Joined Cases C-663/17 P, C-665/17 P and C-669/17 P ECB and Others v Trasta Komercbanka and Others
Appeal — Admissibility — Representation of a party before the Court — Power of attorney given to the lawyer — Power of attorney withdrawn by the liquidator of the appellant company — Further steps in the proceedings by the decision-making body of the appellant company — Charter of Fundamental Rights of the European Union — Article 47 — Right to an effective remedy — Regulation (EU) No 1024/2013 — Prudential supervision of credit institutions — Decision to withdraw a credit institution’s authorisation — Action for annulment before the General Court of the European Union — Admissibility — Whether the shareholders of the company whose authorisation has been withdrawn are directly concerned
Language of the case: English
Case C-192/18 Commission v Poland (Independence of ordinary courts)
Failure of a Member State to fulfil obligations — Second subparagraph of Article 19(1) TEU — Rule of law — Effective judicial protection in the fields covered by EU law — Principles of the irremovability of judges and judicial independence — Lowering of the retirement age of judges of the ordinary Polish courts — Possibility of continuing to carry out the duties of judge beyond the newly set age, by authorisation of the Minister for Justice — Article 157 TFEU — Directive 2006/54/EC — Articles 5(a) and 9(1)(f) — Prohibition of discrimination based on sex in matters of pay, employment and occupation — Establishment of different retirement ages for men and women holding the position of judge of the ordinary Polish courts or of the Sąd Najwyższy (Supreme Court, Poland) or that of public prosecutor in Poland
Language of the case: Polish
Case C-68/18 Petrotel-Lukoil v Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Administrare a Marilor Contribuabili and Agenţia Naţională de Administrare Fiscală – Direcţia Generală de Soluţionare a Contestaţiilor
Reference for a preliminary ruling — Taxation of energy products and electricity — Directive 2003/96/EC — Article 21(3) — No chargeable event giving rise to taxation — Consumption of energy products on a site that produces such products — Article 2(3) — Obligation to obtain a classification for energy products in order to determine the level of excise duty — Tax rate applicable to those products — Principle of proportionality
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Joined Cases C-80/18 to C-83/18 UNESA and Others v Administración General del Estado and Others
Reference for a preliminary ruling — Polluter-pays principle — Common rules for the internal market in electricity — Directive 2009/72/EC — Article 3(1) and (2) — Principle of non-discrimination — Financing the tariff deficit — Taxes applying only to undertakings which use nuclear energy to produce electricity
Requests for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Joined Cases C-105/18 to C-113/18 UNESA and Others v Administración General del Estado
Reference for a preliminary ruling — Polluter pays principle — Directive 2000/60/EC — Article 9(1) — Recovery of the costs of water services — Common rules for the internal market in electricity — Directive 2009/72/EC — Article 3(1) — Principle of non-discrimination — Article 107(1) TFEU — State aid — Tax on the use of inland waters for the production of electricity — Tax imposed only on hydroelectricity producers operating on inter-communities river basins
Requests for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-213/18 Guaitoli and Others v easyJet Airline
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of judgments in civil and commercial matters — Regulation (EU) No 1215/2012 — Article 7(1)(a) — Competent court in matters relating to a contract — Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights — Regulation (EC) No 261/2004 — Articles 5, 7, 9 and 12 — Montreal Convention — Jurisdiction — Articles 19 and 33 — Application for compensation and compensation for damage resulting from the cancellation and delay of flights
Request for a preliminary ruling from the Tribunale ordinario di Roma
Language of the case: Italian
Case C-280/18 Flausch and Others v Ypourgos Perivallontos kai Energeias and Others
Reference for a preliminary ruling — Environment — Assessment of the effects of certain projects on the environment — Public participation in decision-making and access to justice — Date from which the time for bringing proceedings starts to run
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
Joined Cases C-349/18 to C-351/18 Nationale Maatschappij der Belgische Spoorwegen v Kanyeba and Others
References for a preliminary ruling — Rail transport — Passengers’ rights and obligations — Regulation (EC) No 1371/2007 — Article 3(8) — Transport contract — Concept — Passenger without a ticket at the time of boarding a train — Unfair terms in consumer contracts — Directive 93/13/EEC — Article 1(2) and Article 6(1) — General conditions of carriage of a railway undertaking — Mandatory statutory or regulatory provisions — Penalty clause — Powers of the national court
Requests for a preliminary ruling from the Vredegerecht te Antwerpen
Language of the case: Dutch
Joined Cases C-364/18 and C-365/18 Eni and Shell Italia E & P v Ministero dello Sviluppo Economico and Others
Reference for a preliminary ruling — Directive 94/22/EC — Energy — Conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons — Royalties — Methods of calculation — QE and PFOR indices — Discriminatory nature
Requests for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia and Tribunale Amministrativo Regionale per la Lombardia
Language of the case: Italian
Case C-396/18 Cafaro v DQ
Reference for a preliminary ruling – Air transport – Regulation (EU) No 1178/2011 – Annex I, Point FCL.065 – Scope ratione temporis – Directive 2000/78/EC – Equal treatment in employment and occupation – Discrimination on grounds of age – Article 2(5) – Article 4(1) – National legislation providing for the automatic termination of the employment relationship at the age of 60 – Aircraft pilots – Protection of national security
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Joined Cases C-419/18 and C-483/18 Profi Credit Polska v Włostowska and Others and Profi Credit Polska v OH
References for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Article 3(1) — Article 6(1) — Article 7(1) — Directive 2008/48/EC — Article 10(2) — Credit agreements for consumers — Lawfulness of securing the debt arising under the agreement by means of a blank promissory note — Demand for payment of the debt owed under the promissory note — Scope of the court’s powers and obligations
Requests for a preliminary ruling from the Sąd Rejonowy dla Warszawy Pragi-Południe w Warszawie and Sąd Okręgowy w Opolu, II Wydział Cywilny Odwoławczy
Language of the case: Polish
Case C-555/18 K.H.K. v B.A.C. and E.E.K. (Account preservation)
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 655/2014 — European Account Preservation Order — Article 5(a) — Obtention procedure –Article 4(8) to (10) — Definition of ‘judgment’, ‘court settlement’ and ‘authentic instrument’ — National order for payment against which an objection may be lodged — Article 18(1) — Time limits — Article 45 — Exceptional circumstances — Definition
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
Case C-233/18 Haqbin v Federaal Agentschap voor de opvang van asielzoekers
Reference for a preliminary ruling — Applicants for international protection — Directive 2013/33/EU — Article 20(4) and (5) — Serious breach of the rules of the accommodation centres as well as seriously violent behaviour — Scope of the Member States’ right to determine the sanctions applicable — Unaccompanied minor — Reduction or withdrawal of material reception conditions
Request for a preliminary ruling from the Arbeidshof te Brussel
Language of the case: Dutch
Case C-261/18 Commission v Ireland (Derrybrien wind farm)
Failure of a Member State to fulfil obligations — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Directive 85/337/EEC — Consent for, and construction of, a wind farm — Project likely to have significant effects on the environment — Absence of a prior environmental impact assessment — Obligation to regularise — Article 260(2) TFEU — Application for an order to pay a penalty payment and a lump sum
Language of the case: English
Case C-363/18 Organisation juive européenne and Vignoble Psagot v Ministre de l'Économie et des Finances
Reference for a preliminary ruling — Regulation (EU) No 1169/2011 — Provision of food information to consumers — Mandatory indication of the country of origin or place of provenance of a foodstuff where failure to indicate this might mislead the consumer — Requirement that foodstuffs originating in territories occupied by the State of Israel bear the indication of their territory of origin, accompanied, where those foodstuffs come from an Israeli settlement within that territory, by the indication of that provenance
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-641/17 College Pension Plan of British Columbia v Finanzamt München Abteilung III
Reference for a preliminary ruling — Free movement of capital — Taxation of pension funds — Difference in treatment between resident pension funds and non-resident pension funds — Legislation of a Member State allowing resident pension funds to reduce their taxable profits by deducting the reserves intended to pay for pensions and to set the tax levied on dividends off against corporation tax — Comparability of situations — Justification
Request for a preliminary ruling from the Finanzgericht München
Language of the case: German
Case C-2/18 Lietuvos Respublikos Seimo narių grupė
Reference for a preliminary ruling — Common agricultural policy — Common organisation of the markets — Milk and milk products — Regulation (EC) No 1308/2013 — Article 148(4) — Contract for the delivery of raw milk — Free negotiation of price — Combating unfair commercial practices — Prohibition of payment of different prices to producers of raw milk belonging to a group that is formed according to the daily quantity sold, and of a reduction in price without justification
Request for a preliminary ruling from the Lietuvos Respublikos Konstitucinis Teismas
Language of the case: Lithuanian
Case C-585/17 Proceedings brought by Finanzamt Linz and Finanzamt Kirchdorf Perg Steyr
Reference for a preliminary ruling — State aid — Alteration of an authorised aid scheme — Article 108(3) TFEU — Notification requirement — Standstill obligation subject to approval from the European Commission — Regulation (EU) No 651/2014 — Exemption — Article 58(1) — Temporal scope of the regulation — Article 44(3) — Scope — National legislation laying down a formula for calculating a partial rebate of energy taxes
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-255/18 State Street Bank International v Banca d'Italia
Reference for a preliminary ruling — Directive 2014/59/EU — Recovery and resolution of credit institutions — National financing arrangement — Resolution authority — National fund — Articles 103 and 104 — Obligation to contribute — Ex ante contributions and extraordinary ex post contributions — Calculation — Late transposition of the directive — Delegated Regulation (EU) 2015/63 — Articles 12 and 14 — Concept of ‘change of status’ — Impact on the obligation to contribute
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-445/18 Vaselife International and Chrysal International v College voor de toelating van gewasbeschermingsmiddelen en biociden
Reference for a preliminary ruling — Regulation (EC) No 1107/2009 — Placing of plant protection products on the market — Parallel trade — Modification of the period of validity of the parallel trade permit — Identity of the plant protection product and the reference product — Conditions
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
Case C-484/18 Spedidam and Others v Institut national de l’audiovisuel
Reference for a preliminary ruling — Copyright and related rights — Directive 2001/29/EC — Exclusive rights of performers — Article 2(b) — Reproduction right — Article 3(2)(a) — Making available to the public — Authorisation — Presumption — National scheme exempting a public institution responsible for the conservation and promotion of the national audiovisual heritage from the requirement to obtain the performer’s written consent for the exploitation of archives containing fixations of that performer’s performances
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Joined Cases C-609/17 and C-610/17 TSN v Hyvinvointialan liitto and AKT v Satamaoperaattorit
Reference for a preliminary ruling — Social policy — Article 153 TFEU — Minimum safety and health requirements for the organisation of working time — Directive 2003/88/EC — Article 7 — Right to paid annual leave of at least 4 weeks — Article 15 — Provisions of national legislation and collective agreements more favourable to the protection of the safety and health of workers — Workers incapable of working during a period of paid annual leave due to illness — Refusal to carry over that leave where not carrying over that leave does not reduce the actual duration of the paid annual leave below 4 weeks — Article 31(2) of the Charter of Fundamental Rights of the European Union — Inapplicable where there is no implementation of EU law for the purposes of Article 51(1) of the Charter of Fundamental Rights
Requests for a preliminary ruling from the Työtuomioistuin
Language of the case: Finnish
Joined Cases C-585/18, C-624/18 and C-625/18 A. K. and Others v Sąd Najwyższy, CP v Sąd Najwyższy and DO v Sąd Najwyższy
Reference for a preliminary ruling — Directive 2000/78/EC — Equal treatment in employment and occupation — Non-discrimination on the ground of age — Lowering of the retirement age of judges of the Sąd Najwyższy (Supreme Court, Poland) — Article 9(1) — Right to a remedy — Article 47 of the Charter of Fundamental Rights of the European Union — Effective judicial protection — Principle of judicial independence — Creation of a new chamber of the Sąd Najwyższy (Supreme Court) with jurisdiction inter alia for cases of retiring the judges of that court — Chamber formed by judges newly appointed by the President of the Republic of Poland on a proposal of the National Council of the Judiciary — Independence of that council — Power to disapply national legislation not in conformity with EU law — Primacy of EU law
Requests for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-400/18 Infohos v Belgische Staat
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Sixth Directive 77/388/EEC – Article 13A(1)(f) – Exemptions – Services supplied by independent groups of persons – Services provided to members and non-members
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
Case C-706/18 X v Belgische Staat (Implied acceptance decision scheme)
Reference for a preliminary ruling — Area of freedom, security and justice — Immigration policy — Right to family reunification — Directive 2003/86/EC — Article 5(4) — Decision concerning the application for family reunification — Consequences of failure to comply with the time limit for taking a decision — Automatic issue of a residence permit
Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen
Language of the case: Dutch
Case C-737/18 P Portugal v Commission (Financial corrections under the EAGF and the EAFRD)
Appeal – European Agricultural Guarantee Fund (EAGF) – European Agricultural Fund for Rural Development (EAFRD) – Expenditure excluded from EU financing – Expenditure incurred by the Portuguese Republic
Language of the case: Portuguese
Case C-198/18 CeDe Group v KAN
Reference for a preliminary ruling — Regulation (EC) No 1346/2000 — Articles 4 and 6 — Insolvency proceedings — Applicable law — European order for payment procedure — Failure to pay a contractual claim before bankruptcy — Exception of set-off based on a contractual claim arising prior to bankruptcy
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
Case C-203/18 Deutsche Post and Leymann v Land Nordrhein-Westfalen
Reference for a preliminary ruling — Regulation (EC) No 561/2006 — Road transport — Social legislation — Vehicles used to deliver items as part of the universal postal service — Exceptions — Vehicles partly used for such delivery — Directive 97/67/EC — Article 3(1) — ‘Universal service’ — Concept
Request for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen
Language of the case: German
Case C-379/18 Deutsche Lufthansa v Land Berlin
Reference for a preliminary ruling — Air transport — Directive 2009/12/EC — Articles 3 and 6 — Article 11(1) and (7) — Airport charges — Protection of airport users’ rights — Whether it is possible for the airport managing body to agree charges lower than those approved by the independent supervisory authority — Remedies available to an airport user — Collateral challenge before a civil court giving judgment on the basis of equitable criteria
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-678/18 Procureur-Generaal bij de Hoge Raad der Nederlanden
Reference for a preliminary ruling — Designs — Regulation (EC) No 6/2002 — Article 90(1) — Provisional and protective measures — Jurisdiction of national courts of first instance — Exclusive jurisdiction of the courts designated in that provision
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-402/18 Tedeschi and Consorzio Stabile Istant Service v C.M. Service and Università degli Studi di Roma La Sapienza
Reference for a preliminary ruling – Articles 49 and 56 TFEU – Public procurement – Directive 2004/18/EC – Article 25 – Subcontracting – National legislation limiting the possibility of subcontracting to 30% of the total value of the public contract and prohibiting prices for subcontracted works, supplies or services from being reduced by more than 20% compared to the prices stated in the decision awarding the contract
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-722/18 KROL v Porr
Reference for a preliminary ruling — Combating late payment in commercial transactions — Directive 2000/35/EC — Article 1 and Article 6(3) — Scope — National legislation — Commercial transactions financed by the EU Structural Funds and by the EU Cohesion Fund — Exclusion
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
Case C-653/19 PPU Criminal proceedings against Spetsializirana prokuratura
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in criminal matters — Directive (EU) 2016/343 — Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings — Article 6 — Burden of proof — Continuation of the detention on remand pending trial of an accused person
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Information (on unpublished decisions)
Case C-622/19 P Luz Saúde v EUIPO
Case C-75/19 MF v BNP Paribas Personal Finance SA Paris Sucursala Bucureşti and Secapital
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Directive 93/13/EEC — Consumer contracts — Consumer credit — Enforcement proceedings — Period of 15 days from communication of the enforcement proceedings to invoke the unfair nature of a term
Case C-234/19 EOS Matrix v Entazis
Case C-285/19 P Geske v EUIPO
Case C-296/19 P Etnia Dreams v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — No identification of the earlier mark in the notice of opposition — Principles of equal treatment and sound administration — Equality of arms — Legitimate expectations — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-332/19 P Hércules Club de Fútbol v Commission
Case C-687/17 P Aanbestedingskalender and Others v Commission
Appeal — State aid — Aid granted by the Netherlands authorities for the creation and introduction of the TenderNed electronic procurement platform — Decision that the measure does not constitute State aid, within the meaning of Article 107(1) TFEU
Case C-346/18 P Rose Vision v Commission
Case C-38/19 P Le Pen v Parliament
Case C-513/19 P.J. v (X) S.A.
Case C-569/19 OM v Ministero dell'Istruzione, dell'Università e della Ricerca and Others
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Insufficient information regarding the factual and legal context of the dispute in the main proceedings and the grounds justifying why an answer to the questions referred is necessary — Manifest inadmissibility
Joined Cases C-540/17 and C-541/17 Bundesrepublik Deutschland v Hamed and Omar
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Area of freedom, security and justice — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Article 33(2)(a) — Rejection by the authorities of a Member State of an application for asylum as being inadmissible because of the prior granting of refugee status in another Member State — Article 4 of the Charter of Fundamental Rights of the European Union — Substantial risk of suffering inhuman or degrading treatment — Living conditions of those granted refugee status in that other Member State
Case C-528/18 P Outsource Professional Services v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Absolute grounds for invalidity — Article 52(1)(b) — Bad faith at the time that an application for a trade mark is filed
Case C-536/19 P(I) EDP España v Commission
Case C-599/18 P Silec Cable and General Cable v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Proof of the infringement — Presumption of innocence — Distortion of the evidence — Public distancing — Subjective perception of other cartel participants — Infringement committed by several undertakings constituting a single economic entity — Gravity of the infringement committed by one of these undertakings — Determination — ‘Fringe player’ or ‘moderate player’ in the cartel — Determination — Principle of equal treatment
Case C-520/19 Armostav Místek v Odvolací finanční ředitelství
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court — Lack of sufficient information concerning the factual context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred — Manifest inadmissibility
Case C-200/19 INA and Others v Ljublanska banka
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Article 7(1)(a) — Special jurisdiction in matters relating to a contract — Concept of ‘matters relating to a contract’ — Financial obligations imposed by national law on the co-owners of a building — Legal action seeking enforcement of those obligations
Case C-486/19 Criminal proceedings against Syyttäjä and Tulli
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — State aid — Tax levied on confectionery, ice cream and soft drinks — Exemption of similar products liable to constitute State aid for the purposes of Article 107(1) TFEU — Power to impose criminal penalties for failure to fulfil obligations as regards that tax
Case C-659/19 P Nonnemacher v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law — Refusal to allow the appeal to proceed
Case C-660/19 P Nonnemacher v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law — Refusal to allow the appeal to proceed
Case C-552/18 Indaco Service v Ufficio Territoriale del Governo Taranto
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Public procurement — Directive 2014/24/EU — Article 57(4)(c) and (g) — Award of public service contracts — Optional grounds for exclusion — Grave professional misconduct — Calling into question the economic operator’s integrity — Prior contract — Performance — Breaches — Termination — Judicial remedy — Contracting authority’s assessment of the contractual breach — Preclusion until the end of the judicial proceedings
Case C-678/19 P Retail Royalty v Fashion Energy
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate the significance of an issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-389/19 P-R Commission v Sweden
Application for interim relief — Appeal — Articles 278 and 279 TFEU — Application for suspension of operation of a measure — Application for interim measures — Regulation (EC) No 1907/2006 — Chemicals — Registration, Evaluation, Authorisation and Restriction of Chemicals — Commission decision authorising certain uses of lead sulfochromate yellow and lead chromate molybdate sulfate red
Case C-548/19 P Bonnafous v EACEA
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Civil service — Contract staff – Decision to dismiss at the end of the probationary period — Distortion of the facts and evidence — Obligation to state reasons — Psychological harassment
Case C-591/18 P Brugg Kabel and Kabelwerke Brugg v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — Rights of the defence — Access to the file — Principle of the presumption of innocence — Distortion of the evidence
Case C-593/18 P ABB v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Burden of proof — Presumption of innocence — Principle of equal treatment
Case C-596/18 P LS Cable & System v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — Burden of proof — Distortion of the evidence — Public distancing from the cartel
December 2019
Case C-482/17 Czech Republic v Parliament and Council
Action for annulment — Approximation of laws — Directive (EU) 2017/853 — Control of the acquisition and possession of weapons — Validity — Legal basis — Article 114 TFEU — Amendment of an existing directive — Principle of proportionality — Absence of impact assessment — Interference with the right to property — Proportionality of the measures adopted — Measures creating barriers in the internal market — Principle of legal certainty — Principle of the protection of legitimate expectations — Measures obliging Member States to adopt legislation with retroactive effect — Principle of non-discrimination — Derogation for the Swiss Confederation — Discrimination affecting Member States of the European Union or Member States of the European Free Trade Association (EFTA) other than that State
Language of the case: Czech
Case C-414/18 Iccrea Banca v Banca d'Italia
Reference for a preliminary ruling — Directive 2014/59/EU — Banking Union — Recovery and resolution of credit institutions and investment firms — Annual contributions — Calculation — Regulation (EU) No 806/2014 — Implementing Regulation (EU) 2015/81 — Uniform procedure for the resolution of credit institutions and investment firms — Administrative procedure involving national authorities and an EU body — Exclusive decision-making power of the Single Resolution Board — Procedure before the national courts — Failure to bring an action for annulment before the EU Courts in due time — Delegated Regulation (EU) 2015/63 — Exclusion of certain liabilities from the calculation of contributions — Interconnectedness of a number of banks
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-432/18 Consorzio Tutela Aceto Balsamico di Modena v Balema
Reference for a preliminary ruling — Protection of geographical indications and designations of origin for agricultural products and foodstuffs — Regulations (EC) No 510/2006 and (EU) No 1151/2012 — Article 13(1) — Regulation (EC) No 583/2009 — Article 1 — Registration of the name ‘Aceto Balsamico di Modena (PGI)’ — Protection of the non-geographical components of that name — Scope
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-493/18 UB v VA and Others
Reference for a preliminary ruling — Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 3(1) — Actions which derive directly from insolvency proceedings and which are closely connected with such proceedings — Sale of immovable property and creation of a mortgage — Action brought by the trustee in bankruptcy seeking a declaration that the transactions concerned are ineffective — Article 25(1) — Exclusive jurisdiction of the courts of the Member State in which the insolvency proceedings were opened
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Joined Cases C-708/17 and C-725/17 EVN Bulgaria Toplofikatsia v Dimitrova and Toplofikatsia Sofia v Dimitrov
References for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Consumer law — Article 2(1) — Concept of ‘consumer’ — Article 3(1) — Contract concluded between a trader and a consumer — Contract for the supply of district heating — Article 27 — Inertia selling — Directive 2005/29/EC — Unfair business-to-consumer commercial practices in the internal market — Article 5 — Prohibition of unfair commercial practices — Annex I — Unsolicited supply — National law requiring each owner of a property in a building in co-ownership connected to a district heating network to contribute to the costs of thermal energy consumption by the common areas and internal installation of the building — Energy efficiency — Directive 2006/32/EC — Article 13(2) — Directive 2012/27/EU — Article 10(1) — Billing information — National law providing that, in a building in co-ownership, bills for the consumption of thermal energy by the internal installation are calculated, for each owner of an apartment in the building, in proportion to the heated volume of his or her apartment
Requests for a preliminary ruling from the Rayonen sad Asenovgrad and Sofiyski rayonen sad
Language of the case: Bulgarian
Joined Cases C-398/18 and C-428/18 Bocero Torrico and Bode v Instituto Nacional de la Seguridad Social and Tesorería General de la Seguridad Social
References for a preliminary ruling — Social security for migrant workers — Regulation (EC) No 883/2004 — Early retirement pension — Eligibility — Requirement for the pension to be received to be higher than the statutory minimum — Account taken only of pension acquired in the Member State concerned — No account taken of the retirement pension acquired in another Member State — Difference in treatment of workers who have exercised their right to freedom of movement
Requests for a preliminary ruling from the Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
Case C-421/18 Ordre des avocats du barreau de Dinant v JN
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Article 7(1)(a) — Special jurisdiction in matters relating to a contract — Concept of ‘matters relating to a contract’ — Claim for payment of annual fees payable by a lawyer to a bar association
Request for a preliminary ruling from the Tribunal de première instance de Namur
Language of the case: French
Case C-642/18 Commission v Spain (Waste management plans)
Failure of a Member State to fulfil obligations — Directive 2008/98/EC — Articles 30 and 33 — Waste management plans — Autonomous Communities of the Balearic Islands and the Canary Islands (Spain) — Obligation to revise — Obligation to notify the Commission — No proper formal notice — Letter of formal notice sent prematurely — Inadmissibility
Language of the case: Spanish
Case C-671/18 Proceedings brought by Centraal Justitieel Incassobureau (Recognition and enforcement of financial penalties)
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in criminal matters — Mutual recognition — Financial penalties — Grounds for non-recognition and non-execution — Framework Decision 2005/214/JHA — Decision by an authority of the issuing Member State based on vehicle registration data — Notification of the penalties and the appeal procedures to the person concerned — Right to effective judicial protection
Request for a preliminary ruling from the Sąd Rejonowy w Chełmnie
Language of the case: Polish
Case C-332/18 P Mytilinaios Anonymos Etairia – Omilos Epicheiriseon v Commission
Appeal — State aid — Production of aluminium — Preferential electricity supply tariff granted by a contract — Decision declaring the aid compatible with the internal market — Termination of the contract — Judicial suspension, as an interim measure, of the effects of termination — Decision declaring the aid unlawful
Language of the case: Greek
Case C-708/18 TK v Asociaţia de Proprietari bloc M5A-ScaraA
Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Charter of Fundamental Rights of the European Union — Articles 7 and 8 — Directive 95/46/EC — Article 6(1)(c) and Article 7(f) — Making the processing of personal data legitimate — National legislation allowing video surveillance for the purposes of ensuring the safety and protection of individuals, property and valuables and for the pursuit of legitimate interests, without the data subject’s consent — Installation of a video surveillance system in the common parts of a residential building
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
Case C-87/19 TV Play Baltic v Lietuvos radijo ir televizijos komisija
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/21/EC (Framework Directive) — Article 2(m) — Provision of an electronic communications network — Concept — Directive 2002/22/EC (Universal Service Directive) — Article 31(1) — ‘Must carry’ obligation to broadcast specified radio and television channels — Operator offering a package of channels via satellite — Reasonable ‘must carry’ obligations — Conditions — Article 56 TFEU — Proportionality
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-376/18 Slovenské elektrárne v Úrad pre vybrané hospodárske subjekty
Reference for a preliminary ruling — Admissibility — Common rules for the internal market in electricity — Directive 2009/72/EC — Scope — Article 3 — Objectives — Principle of non-discrimination — Special levy on the revenue of entities that are holders of an authorisation to carry on activity in regulated sectors — Electricity sector
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
Case C-380/18 Staatssecretaris van Justitie en Veiligheidv E.P. (Threat to public policy)
Reference for a preliminary ruling — Border controls, asylum and immigration — Regulation (EU) 2016/399 — Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Article 6 — Entry conditions for third-country nationals — Concept of ‘threat to public policy’ — Return decision issued to an illegally staying third-country national
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Joined Cases C-381/18 and C-382/18 G.S. and V.G. v Staatssecretaris van Justitie en Veiligheid (Threat to public policy)
References for a preliminary ruling — Border controls, asylum and immigration — Immigration policy — Directive 2003/86/EC — Right to family reunification — Requirements for the exercise of the right to family reunification — Concept of ‘grounds of public policy’ — Rejection of an application for entry and residence of a family member — Withdrawal of or refusal to renew a residence permit of a family member
Requests for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-433/18 ML v Aktiva Finants
Reference for a preliminary ruling — Regulation (EC) No 44/2001 — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Requirement for adversarial proceedings and an effective remedy — Decision of a national court declaring enforceable a judgment delivered by a court of another Member State — National procedure granting leave for further consideration of an appeal
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Case C-435/18 Otis and Others v Land Oberösterreich and Others
Reference for a preliminary ruling — Article 101 TFEU — Damages for the loss caused by a cartel — Right to compensation of persons not acting as supplier or purchaser on the market affected by the cartel — Damage suffered by a public body which granted loans on favourable terms in order to acquire assets subject to the cartel
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-450/18 WA v INSS (Pension supplement for mothers)
Reference for a preliminary ruling — Social policy — Directive 79/7/EEC — Equal treatment for men and women in matters of social security — Article 4(1) and (2) — Article 7(1) — Calculation of benefits — Directive 2006/54/EC — Equal treatment of men and women in matters of employment and occupation — National legislation granting a right to a pension supplement for women who have had at least two biological or adopted children, and who are in receipt of a contributory permanent incapacity pension — Same right not granted to men in an identical situation — Comparable situation — Direct discrimination on grounds of sex — No exceptions
Request for a preliminary ruling from the Juzgado de lo Social de Gerona
Language of the case: Spanish
Case C-519/18 TB v Bevándorlási és Menekültügyi Hivatal (Family reunification – sister of a refugee)
Reference for a preliminary ruling — Immigration policy — Right to family reunification — Directive 2003/86/EC — Article 10(2) — Optional provision — Prerequisites for exercising the right to family reunification — Member of a refugee’s family not referred to in Article 4 — Concept of a ‘dependant’
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-143/19 P Der Grüne Punkt v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Articles 15 and 66 — Genuine use of an EU collective trade mark — Mark concerning a system of collection and recovery of packaging waste — Affixing to the packaging of goods for which the mark is registered
Language of the case: German
Joined Cases C-566/19 PPU and C-626/19 PPU JR and YC (Public Prosecutors’ Offices, Lyons and Tours)
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 6(1) — Definition of ‘issuing judicial authority’ — Criteria — European arrest warrant issued by the public prosecutor’s office of a Member State for the purpose of criminal proceedings
Requests for a preliminary ruling from the Cour d'appel (Luxembourg) and Rechtbank Amsterdam
Languages of the case: French and Dutch
Case C-625/19 PPU XD (Swedish Public Prosecutor's Office)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 6(1) – Concept of ‘issuing judicial authority’ – Criteria – European arrest warrant issued by the public prosecutor’s office of a Member State for the purposes of criminal proceedings
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-627/19 PPU ZB (Public Prosecutor, Brussels)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 6(1) – Definition of ‘issuing judicial authority’ – Criteria – European arrest warrant issued by the public prosecutor’s office of a Member State for the purposes of executing a sentence
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-465/19 B & L Elektrogeräte v GC
Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Article 2(8)(c) and (9) — Off-premises contract — Concept of ‘business premises’ — Contract entered into at a stand at a trade fair immediately after the consumer, who was in a common area of the fair, had been solicited by the trader
Request for a preliminary ruling from the Amtsgericht Straubing
Language of the case: German
Case C-447/18 UB v Generálny riaditeľ Sociálnej poisťovne Bratislava
Reference for a preliminary ruling — Social security — Coordination of social security systems — Regulation (EC) No 883/2004 — Article 3 — Matters covered — Old-age benefit — Freedom of movement for workers within the European Union — Regulation (EU) No 492/2011 — Article 7 — Equal treatment of national workers and migrant workers — Social advantages — Legislation of a Member State restricting the grant of an ‘additional benefit for sportspersons who have represented the State’ to the citizens of that State
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
Case C-666/18 IT Development v Free Mobile
Reference for a preliminary ruling — Intellectual property — Enforcement of intellectual property rights — Directive 2004/48/EC — Legal protection of computer programs — Directive 2009/24/EC — Software licence agreement — Unauthorised modification of the source code of a computer program by a licensee in breach of the licence agreement — Action for infringement brought by the author of the program against the licensee — Nature of the applicable liability regime
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
Case C-16/18 Dobersberger v Magistrat der Stadt Wien
Reference for a preliminary ruling — Articles 56 and 57 TFEU — Freedom to provide services — Directive 96/71/EC — Applicability — Article 1(3)(a) — Posting of workers in the framework of the provision of services — Provision of services on board international trains — National rules imposing administrative obligations in relation to the posting of workers
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-168/18 Pensions-Sicherungs-Verein v Bauer
Reference for a preliminary ruling — Social policy — Protection of employees in the event of the insolvency of their employer — Directive 2008/94/EC — Article 8 — Supplementary pension schemes — Protection of entitlement to old-age benefits — Minimum guaranteed level of protection — Former employer’s obligation to offset a reduction in an occupational old-age pension — External pension institution — Direct effect
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-176/18 Club de Variedades Vegetales Protegidas v Martínez Sanchís
Reference for a preliminary ruling — Community plant variety rights — Regulation (EC) No 2100/94 — Article 13(2) and (3) — Effects of community plant variety rights — Cumulative protection scheme — Planting of variety constituents and harvesting the fruit — Distinction between acts effected in respect of variety constituents and those concerning harvested material — Concept of ‘unauthorised use of variety constituents’ — Article 95 — Provisional protection
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-236/18 GRDF v Eni Gas & Power France and Others
Reference for a preliminary ruling — Common rules for the internal market in natural gas — Directive 2009/73/EC — Article 41(11) — Settlement of disputes concerning the obligations imposed on a system operator — Temporal effects of decisions of the dispute settlement authority — Legal certainty — Legitimate expectations
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-263/18 Nederlands Uitgeversverbond and Groep Algemene Uitgevers v Tom Kabinet Internet and Others
Reference for a preliminary ruling — Harmonisation of certain aspects of copyright and related rights in the information society — Directive 2001/29/EC — Article 3(1) — Right of communication to the public — Making available — Article 4 — Distribution right — Exhaustion — Electronic books (e‑books) — Virtual market for ‘second-hand’ e‑books
Request for a preliminary ruling from the Rechtbank Den Haag
Language of the case: Dutch
Joined Cases C-355/18, C-356/18 and C-479/18 Rust-Hackner and Others v Nürnberger Versicherung Aktiengesellschaft Österreich and Others
References for a preliminary ruling — Freedom to provide services — Direct life assurance — Directives 90/619/EEC, 92/96/EEC, 2002/83/EC and 2009/138/EC — Right of cancellation — Incorrect information concerning the detailed rules for exercising the right of cancellation — Formal requirements for the declaration of cancellation — Effects on the obligations of the assurance undertaking — Time limit — Lapse of the right of cancellation — Possibility to cancel a contract after it has been terminated — Repayment of the surrender value of the contract — Reimbursement of premiums paid — Right to remuneration interest — Limitation
Requests for a preliminary ruling from the Landesgericht Salzburg and Bezirksgericht für Handelssachen Wien
Language of the case: German
Case C-360/18 Cargill Deutschland v Hauptzollamt Krefeld
Reference for a preliminary ruling — Regulation (EU) No 1360/2013 — Agriculture — Common organisation of the markets — Sugar sector — Production levy — Effectiveness — Right to reimbursement of sums unduly paid — Applicability of national rules on limitation periods — Principle of effectiveness
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C-385/18 Arriva Italia and Others v Ministero delle Infrastrutture e dei Trasporti
Reference for a preliminary ruling — State aid — Notion — Public railway undertaking in difficulties — Aid measures — Allocation of financial aid — Aim — Continued operation of the public railway undertaking — Allocation to and shareholding in the capital of that public undertaking — Transfer to the capital of another public undertaking — Private investor test — Prior notification obligation for new aid
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-386/18 Coöperatieve Producentenorganisatie en Beheersgroep Texel v Minister van Landbouw, Natuur en Voedselkwaliteit
Reference for a preliminary ruling — Common fisheries policy — Regulations (EU) Nos 1303/2013, 1379/2013 and 508/2014 — Fishery and aquaculture producer organisations — Production and marketing plans — Financial support for the preparation and implementation of those plans — Conditions of eligibility of costs — Discretion of the Member States — No possibility under national law to apply for financial support
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
Case C-389/18 Brussels Securities v Belgian State
Reference for a preliminary ruling — Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States — Directive 90/435/EEC — Prevention of double taxation — First indent of Article 4(1) — Prohibition on taxing profits received — Inclusion of the dividend distributed by the subsidiary in the parent company’s tax base — Deduction of the dividend distributed from the parent company’s tax base and the indefinite carrying forward of the surplus to the following tax years — The order in which tax deductions on profits are to be applied — Loss of a tax advantage
Request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles
Language of the case: French
Case C-390/18 Criminal proceedings against X
Reference for a preliminary ruling — Directive 2000/31/EC — Information society services — Directive 2006/123/EC — Services — Connection of hosts, whether businesses or individuals, with accommodation to rent with persons seeking that type of accommodation — Qualification — National legislation imposing certain restrictions on the exercise of the profession of real estate agent — Directive 2000/31/EC — Article 3(4)(b), second indent — Obligation to give notification of measures restricting the freedom to provide information society services — Failure to give notification — Enforceability — Criminal proceedings with an ancillary civil action
Request for a preliminary ruling from the Juge d'instruction du tribunal de grande instance de Paris
Language of the case: French
Case C-418/18 P Puppinck and Others v Commission
Appeal — Institutional law — Citizens’ initiative ‘One of us’ — Communication from the European Commission setting out its conclusions and the reasons for not taking the action requested in the citizens’ initiative
Language of the case: English
Case C-442/18 P ECB v Espírito Santo Financial (Portugal)
Appeal — Refusal to grant access to decisions of the Governing Council of the European Central Bank (ECB) — Protocol on the Statute of the European System of Central Banks and of the ECB — Article 10.4 — Confidentiality of the proceedings of meetings — Outcome of deliberations — Possibility of disclosure — Decision 2004/258/EC — Access to ECB documents — Article 4(1)(a) — Confidentiality of proceedings — Undermining of the protection of the public interest
Language of the case: English
Joined Cases C-453/18 and C-494/18 Bondora v V.C. and XY
Reference for a preliminary ruling — Judicial cooperation in civil matters — European order for payment procedure — Regulation (EC) No 1896/2006 — Provision of additional documents to support the claim — Unfair terms in consumer contracts — Directive 93/13/EEC — Review by the court seised in the context of an application for a European payment order
Requests for a preliminary ruling from the Juzgado de Primera Instancia Vigo and Juzgado de Primera Instancia de Barcelona
Language of the case: Spanish
Case C-460/18 P HK v Commission
Appeal — Civil service — Staff Regulations of Officials of the European Union — Article 1d — First paragraph of Article 17 of Annex VIII — Pension for the surviving spouse — Conditions for granting — Concept of ‘surviving spouse’ of a Union official — Marriage and non-marital partnership — Cohabitation — Principle of non-discrimination — Comparable situation — None — Condition of duration of marriage — Combating fraud — Justification
Language of the case: French
Case C-465/18 AV and BU v Comune di Bernareggio
Reference for a preliminary ruling — Freedom of establishment — Sale of a pharmacy under a tendering procedure — National legislation — Right of pre-emption granted to employees of the pharmacy being sold
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Joined Cases C-477/18 and C-478/18 Exportslachterij J. Gosschalk and Others v Minister van Landbouw, Natuur en Voedselkwaliteit
References for a preliminary ruling — Regulation (EC) No 882/2004 — Article 27(1) and (4) — Points 1 and 2 of Annex VI — Official controls on feed and food — Financing — Fees payable in relation to official controls — Calculation — Concept of ‘staff involved in the official controls’ — Inclusion of administrative and support staff — Possibility of charging for quarter-hour periods requested by the slaughterhouse for the purposes of official controls but not worked — Conditions
Requests for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
Case C-523/18 Engie Cartagena v Ministerio para la Transición Ecológica
Reference for a preliminary ruling — Internal market in electricity — Common rules — Directive 2003/54/EC — Article 3(2) — Directive 2009/72/EC — Article 3(2) — Public service obligations — Meaning — National rules — Financing of energy efficiency plans — Designation of electricity generating undertakings — Mandatory contribution
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
Case C-532/18 GN v ZU
Reference for a preliminary ruling — Air transport — Montreal Convention — Article 17(1) — Air carrier liability in the event of accidents — Concept of ‘accident’ — Aircraft in flight — Spillage of a cup of coffee placed on the tray table of a seat — Bodily injuries caused to the passenger
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-592/18 Darie v Staatssecretaris van Infrastructuur en Milieu
Reference for a preliminary ruling — Regulation (EU) No 528/2012 — Article 3(1)(a) and (c) — Concept of ‘biocidal product’ — Concept of ‘active substance’ — Bacterial product containing the bacterial species Bacillus ferment — Mode of action other than mere physical or mechanical action — Indirect action — Period within which effect takes place
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
Case C-677/18 Amoena v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Headings 6212 and 9021 — Mastectomy bras — Implementing Regulation (EU) 2017/1167 — Validity — Notion of ‘accessories’ — Sincere cooperation
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Case C-707/18 Amărăşti Land Investment v Direcţia Generală Regională a Finanţelor Publice Timişoara and Administraţia Judeţeană a Finanţelor Publice Timiş
Reference for a preliminary ruling — Taxation — Common system of value added tax — Directive 2006/112/EC — Taxable transactions — Deduction of input tax — Purchase of immovable property not registered in the national land register — First-registration costs incurred by the purchaser — Recourse to specialist third companies — Participation in a supply of services or investment expenditure carried out for the purposes of an undertaking
Request for a preliminary ruling from the Tribunalul Timiş
Language of the case: Romanian
Case C-715/18 Segler-Vereinigung Cuxhaven v Finanzamt Cuxhaven
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 98 — Option for the Member States to apply a reduced rate of VAT to certain supplies of goods and services — Point 12 of Annex III — Reduced rate of VAT applicable to the letting of places on camping or caravan sites — Question of whether that reduced rate is applicable to the letting of boat moorings in a marina — Comparison with the letting of premises and sites for the parking of vehicles — Equal treatment — Principle of fiscal neutrality
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-752/18 Deutsche Umwelthilfe v Freistaat Bayern
Reference for a preliminary ruling — Environment — Article 6, the first paragraph of Article 47 and Article 52(1) of the Charter of Fundamental Rights of the European Union — Directive 2008/50/EC — Atmospheric pollution — Ambient air quality — Air quality plan — Limit values for nitrogen dioxide — Obligation to adopt appropriate measures to ensure that any exceedance period is very short — Obligation on the national courts to take any necessary measure — Refusal of a regional government to comply with an injunction — Coercive detention contemplated in respect of senior political representatives or senior officials of the region concerned — Effective judicial protection — Right to liberty of the person — Legal basis — Proportionality
Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
Case C-290/19 RN v Home Credit Slovakia
Reference for a preliminary ruling — Consumer protection — Directive 2008/48/EC — Consumer credit agreements — Article 10(2) — Information to be included in credit agreements — Annual percentage rate of charge — Lack of indication of the exact percentage of that rate of charge — Rate of charge expressed as a range between 21.5% and 22.4%
Request for a preliminary ruling from the Krajský súd v Trnave
Language of the case: Slovak
Case C-502/19 Criminal proceedings against Junqueras Vies
Reference for a preliminary ruling — Expedited procedure — Institutional law — Citizen of the European Union elected to the European Parliament while being held in provisional detention in the context of criminal proceedings — Article 14 TEU — Concept of ‘Member of the European Parliament’ — Article 343 TFEU — Immunities necessary for the performance of the tasks of the European Union — Protocol (No 7) on the privileges and immunities of the European Union — Article 9 — Immunities enjoyed by Members of the European Parliament — Immunity as regards travel — Immunities as regards sessions — Personal, temporal and material scope of the various immunities — Waiver of immunity by the European Parliament — Request to waive immunity from a national court — Act concerning the election of Members of the European Parliament by direct universal suffrage — Article 5 — Term of office — Article 8 — Electoral procedure — Article 12 — Verification of the credentials of Members of the European Parliament following the official declaration of the election results — Charter of Fundamental Rights of the European Union — Article 39(2) — Election of Members of the European Parliament by direct universal suffrage in a free and secret ballot — Right to stand as a candidate at elections
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Information (on unpublished decisions)
Case C-183/19 P Fruits de Ponent v Commission
Appeal — Common Agricultural Policy (CAP) — Regulation (EU) No 1308/2013 — Markets for soft fruits — Disruption during the 2014 season — Temporary exceptional support measures for producers — Action to establish non-contractual liability
Case C-270/19 P WB v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Actions for failure to act — Effects of the mechanism established by Decision 2006/928/EC on the appellant’s life — Alleged failure by the European Commission to define its position on a complaint — Appeal manifestly unfounded
Case C-271/19 P WB v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for annulment — Effects of the mechanism laid down by Decision 2006/928/EC on the applicant’s life — Appeal manifestly unfounded
Case C-603/16 P-DEP PT Wilmar Bioenergi Indonesia and PT Wilmar Nabati Indonesia v Council
Taxation of costs
Case C-117/18 P PGNiG Supply & Trading v Commission
Appeal — Internal market in natural gas — Directive 2009/73/EC — Article 32 — Third-party access — Article 41(6), (8) and (10) — Rules on tariffs — Article 36 — Application for an exemption — Rules governing the operation of the OPAL pipeline — National regulatory authority — Exemption decision — Request for modification — European Commission Decision — Action for annulment — Fourth paragraph of Article 263 TFEU — Admissibility — Decision of no direct concern to the appellant
Case C-181/18 P Poland v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Action for annulment — Fourth paragraph of Article 263 TFEU Article 263 — Admissibility — Decision which is of neither direct nor individual concern to the appellant — Regulatory act — Absence — Article 130 of the Rules of Procedure of the General Court — Assessment of the pleas on the substance — Article 47 of the Charter of Fundamental Rights of the European Union — Right to effective judicial protection and to a fair trial — Principle of audi alteram partem — Appeal manifestly inadmissible
Case C-342/18 P Polskie Górnictwo Naftowe i Gazownictwo v Commission
Appeal — Internal market in natural gas — Directive 2009/73/EC — Article 32 — Third-party access — Article 41(6), (8) and (10) — Rules on tariffs — Article 36 — Application for an exemption — Rules governing the operation of the OPAL pipeline — National regulatory authority — Exemption decision — Request for modification — European Commission Decision — Action for annulment — Fourth paragraph of Article 263 TFEU — Admissibility — Decision of no direct concern to the appellant
Case C-413/18 P H v Council
Appeal — Common Foreign and Security Policy (CFSP) — Composition of the Chamber of the General Court of the European Union — Regularity — Decision 2009/906/CFSP — European Union Police Mission in Bosnia and Herzegovina (EUPM) — National staff member on secondment — Redeployment to a regional office of that mission — Powers of the Head of Mission — Misuse of powers — Claim for damages — Principle of audi alteram partem
Case C-664/19 P Agencja Wydawnicza Technopol v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request not raising an issue that is significant with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-431/18 Bueno Ruiz and Zurich Insurance v Conte Sánchez
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Insurance against civil liability in respect of the use of motor vehicles — Directive 2009/103/EC — First paragraph of Article 3 — Concept of ‘use of vehicles’ — Leaks of oil and other liquids from a motor vehicle — Damages
Case C-483/19 Ville de Verviers v J
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Social policy — Directive 1999/70/EC — Framework Agreement, concluded by ETUC, UNICE and CEEP regarding fixed-term work — Clause 2 — Scope of the Framework Agreement — Possibility for Member States to exclude initial vocational training relationships and apprenticeship schemes and employment contracts and relationships which have been concluded within the framework of a specific public or publicly supported training, integration and vocational retraining programme — Consequences)
Case C-783/18 P EUIPO v Wajos
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute ground for refusal — Marks devoid of distinctive character — Three-dimensional marks consisting of the shape of the product — Criteria for the assessment of distinctive character — Obligation to state reasons — Form of a container — Amphora
Joined Cases C-123/19 P and C-125/19 P Vans v EUIPO
Appeal — EU trade mark — Opposition proceedings — Withdrawal of the opposition — Appeals which have become devoid of purpose — No need to adjudicate — Costs
Case C-713/19 P Guiral Broto v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request for the appeal to be allowed to proceed not demonstrating that the issue is significant — Appeal not allowed to proceed
Case C-714/19 P Guiral Broto v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request for the appeal to be allowed to proceed not demonstrating that the issue is significant with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-715/19 P Guiral Broto v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request for the appeal to be allowed to proceed not demonstrating that the issue is significant with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-727/19 P Steifer v EESC
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Civil service — Official — Pensions — Pension rights acquired before entering the service of the European Union — Transfer to the EU scheme — Additional years of pensionable service — Reimbursement of the amount of pension rights not taken into account in the scheme for calculating years of European Union pensionable service — Material new facts
Case C-568/18 P Rogesa v Commission
Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Article 4(2), first indent — Exceptions to the right of access — Protection of commercial interests of a natural or legal person — Regulation (EC) No 1367/2006 — Article 6(1) — Application of the exceptions concerning requests for access to environmental information — Documents drawn up by the European Commission under the scheme for greenhouse gas emission allowance trading — Refusal of access — Subsequent transmission of the documents requested — Article 149 of the Rules of Procedure of the Court of Justice — No further interest in bringing proceedings — No need to adjudicate
Case C-618/18 Di Girolamo v Ministero della Giustizia
Request for a preliminary ruling — Social policy — Fixed-term employment — ETUC-UNICE-CEEP — Definition of a ‘fixed-term worker’ — Magistrates Court — Article 53(2) of the Rules of Procedure of the Court of Justice — Manifest inadmissibility
Case C-362/18 Hochtief v Fővárosi Törvényszék
Reference for a preliminary ruling — Public procurement — Review procedures — Directive 89/665/EEC — Directive 92/13/EEC — Right to effective judicial protection — Principles of effectiveness and equivalence — Action for review of judicial decisions in breach of EU law — Liability of the Member States in the event of infringement of EU law by national courts or tribunals — Assessment of damage eligible for compensation
Case C-602/16 P-DEP Unitec Bio and Others v Council
Taxation of costs
Case C-582/18 P Viscas v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — 2006 Guidelines on the method of setting fines — Determining the relative weight of the European and non-European members in the cartel — Participation of European undertakings in the cartel at several levels — Principle of equal treatment
Case C-589/18 P Furukawa Electric v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — 2006 Guidelines on the method of setting fines — Determination of the value of sales — Principle of equal treatment
Case C-590/18 P Fujikura v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — 2006 Guidelines on the method of setting fines — Determining the relative weight of the European and non-European members in the cartel — Participation of European undertakings in the cartel at several levels — Principle of equal treatment)
Case C-645/18 NE v Bezirkshauptmannschaft Hartberg-Fürstenfeld and Finanzpolizei
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Freedom to provide services — Posting of workers — Article 56 TFEU — Directive 2014/67/EU — Articles 9 and 20 — Reporting of workers — Retention of records of wages — Penalties — Proportionality — Fines of a predefined minimum amount — Cumulative — No upper limit — Court fees
Case C-741/18 P OPS Újpest v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State Aid — Aid implemented by Hungary in favour of undertakings employing disabled workers — Action for annulment — Alleged decisions not to raise objections — Deadline for lodging an appeal — Starting point — Awareness of the existence of the contested measure — Request for translation of the contested measure — Reasonable time — Out of time — Inadmissibility of the action at first instance — Assessment of the facts — Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded)
Case C-747/18 P Lux-Rehab Non-Profit v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Aid implemented by Hungary in favour of companies employing disabled workers — Action for annulment — Alleged decisions not to raise objections — Lack of locus standi — Person not individually concerned — Action not brought in order to safeguard procedural rights — Inadmissibility of the action at first instance — Appeal manifestly unfounded
Case C-748/18 P Motex v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Aid implemented by Hungary in favour of companies employing disabled workers — Action for annulment — Alleged decisions not to raise objections — Lack of standing — Person not individually concerned — Action not brought in order to safeguard procedural rights — Inadmissibility of the action at first instance — Appeal manifestly unfounded
Case C-757/18 P M-Sansz v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Aid implemented by Hungary in favour of companies employing disabled workers — Action for annulment — Alleged decisions not to raise objections — Lack of locus standi — Person not individually concerned — Action not brought in order to safeguard procedural rights — Inadmissibility of the action at first instance — Appeal manifestly unfounded
Joined Cases C-140/19, C-141/19 and C-492/19 to C-494/19 EX and Others v Bezirkshauptmannschaft Hartberg-Fürstenfeld
Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice — Freedom to provide services — Posting of workers — Article 56 TFEU — Directive 2014/67/EU — Articles 9 and 20 — Reporting of workers — Retention of records of wages — Penalties — Proportionality — Fines of a predefined minimum amount — Cumulative — No upper limit — Court fees — Manifest inadmissibility
Case C-679/19 NL v Direcţia Generală Regională a Finanţelor Publice Bucureşti
Request for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Controls of cash entering or leaving the European Union –Regulation (EC) No 1889/2005 — Scope — Articles 63 and 65 TFEU — Free movement of capital — Transport of large amounts of cash entering or leaving the territory of a Member State — Obligation to declare — Sanctions — Fine and confiscation for the benefit of the State of an undeclared sum in excess of 10 000 euros — Proportionality
Case C-696/19 P Hauzenberger v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-646/19 P(R) Puigdemont i Casamajó and Comín i Oliveres v Parliament
Appeal — Application for interim measures — Institutional law — Members of the European Parliament — Act concerning the election of the representatives of the European Parliament by direct universal suffrage — Article 12 — Verification of credentials — Decision of the Parliament to take note of the list of elected candidates notified by the national authorities and exclude the appellants owing to their lack of compliance with a formality imposed by national law — Action for annulment — Prima facie case
January 2020
Case C-274/14 Proceedings brought by Banco de Santander
Reference for a preliminary ruling — Article 267 TFEU — Definition of ‘court or tribunal of a Member State’ — Criteria — Independence of the national body concerned — Irremovability of the members — Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Tribunal Económico Administrativo Central
Language of the case: Spanish
Case C-175/18 P PTC Therapeutics International v EMA
Appeal — Access to documents of EU institutions, bodies, offices or agencies — Regulation (EC) No 1049/2001 — First indent of Article 4(2) — Exception relating to the protection of commercial interests — Article 4(3) — Protection of the decision-making process — Documents submitted to the European Medicines Agency in the context of a marketing authorisation application for a medicinal product for human use — Decision to grant a third party access to the documents — General presumption of confidentiality — No obligation for an EU institution, body, office or agency to apply a general presumption of confidentiality
Language of the case: English
Case C-177/18 Baldonedo Martín v Ayuntamiento de Madrid
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Clause 5 — Measures to prevent abuse arising from the use of successive fixed-term employment contracts or relationships — Compensation if the employment relationship is terminated — Articles 151 and 153 TFEU — Articles 20 and 21 of the Charter of Fundamental Rights of the European Union — Applicability — Difference of treatment based on whether a public or private regime, within the meaning of national law, governs the employment relationship
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo de Madrid
Language of the case: Spanish
Case C-178/18 P MSD Animal Health Innovation and Intervet International v EMA
Appeal — Access to documents of EU institutions, bodies, offices or agencies — Regulation (EC) No 1049/2001 — First indent of Article 4(2) — Exception relating to the protection of commercial interests — Article 4(3) — Protection of the decision-making process — Documents submitted to the European Medicines Agency in the context of a marketing authorisation application for a veterinary medicinal product — Decision to grant a third party access to the documents — General presumption of confidentiality — No obligation for an EU institution, body, office or agency to apply a general presumption of confidentiality
Language of the case: English
Case C-814/18 Ursa Major Services v Minister van Landbouw, Natuur en Voedselkwaliteit
Reference for a preliminary ruling — Common fisheries policy — Regulation (EC) No 1198/2006 — Article 55(1) — Financial contribution by the European Fisheries Fund (EFF) — Eligibility of expenditure — Condition — Expenditure actually paid by the beneficiaries — Meaning
Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
Case C-32/19 AT v Pensionsversicherungsanstalt (Cessation of activity after reaching retirement age)
Reference for a preliminary ruling — Freedom of movement for persons — Citizenship of the Union — Right to move and reside freely in the territory of the Member States — Directive 2004/38/EC — Article 17(1)(a) — Right of permanent residence — Acquisition before completion of a continuous period of five years of residence — Workers who, at the time they stop working, have reached the age for entitlement to an old age pension
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-578/18 Proceedings brought by Energiavirasto
Reference for a preliminary ruling — Internal market in electricity — Directive 2009/72/EC — Article 3 — Consumer protection — Article 37 — Tasks and powers of the regulatory authority — Out-of-court dispute settlement — Concept of ‘party’ — Right to appeal against a decision of the regulatory authority — Complaint made by a household customer against an electricity distribution system operator
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-29/19 ZP v Bundesagentur für Arbeit
Reference for a preliminary ruling — Social security — Migrant workers — Regulation (EC) No 883/2004 — Unemployment benefits — Calculation — Failure to take account of the final salary received in the Member State of residence — Reference period not of sufficient duration — Salary received following the employment relationship coming to an end — Person having previously been active as an employed person in Switzerland
Request for a preliminary ruling from the Bundessozialgericht
Language of the case: German
Case C-122/18 Commission v Italy (Directive combating late payment)
Failure of a Member State to fulfil obligations — Directive 2011/7/EU — Combating late payment in commercial transactions — Commercial transactions where the debtor is a public authority — Obligation of Member States to ensure that the period for payment imposed on public authorities does not exceed 30 or 60 days — Obligation to achieve a specified result
Language of the case: Italian
Case C-371/18 Sky and Others v Skykick UK and Skykick
Reference for a preliminary ruling — Approximation of laws — Community trade mark — Regulation (EC) No 40/94 — Articles 7 and 51 — First Directive 89/104/EEC — Articles 3 and 13 — Identification of the goods or services covered by the registration — Failure to comply with the requirements of clarity and precision — Bad faith of the applicant — No intention to use the trade mark for the goods or services covered by the registration — Total or partial invalidity of the trade mark — National legislation requiring the applicant to state that he or she intends to use the trade mark applied for
Request for a preliminary ruling from the High Court of Justice (Chancery Division)
Language of the case: English
Case C-522/18 DŚ v Zakład Ubezpieczeń Społecznych
Reference for a preliminary ruling — No need to adjudicate
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-785/18 GAEC Jeanningros v INAO and Others
Reference for a preliminary ruling — Agriculture — Protection of geographical indications and designations of origin for agricultural products and foodstuffs — Protected designation of origin ‘Comté’ — Minor amendment to a product specification — Action before national courts contesting an application for an amendment — Case-law of the national courts according to which the action becomes devoid of purpose when the European Commission has approved the amendment — Effective judicial protection — Obligation to rule on the action
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-156/17 Köln-Aktienfonds Deka v Staatssecretaris van Financiën
Reference for a preliminary ruling — Free movement of capital and liberalisation of payments — Restrictions — Taxation of dividends received by undertakings for collective investment in transferable securities (UCITS) — Refund of tax withheld on dividends — Conditions — Objective differentiation criteria — Criteria which are by nature or in fact favourable to resident taxpayers
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-307/18 Generics (UK) and Others v CMA
Reference for a preliminary ruling — Competition — Pharmaceutical products — Barriers to the entry on the market of generic medicines arising from settlement agreements (relating to disputes concerning process patents) concluded by a manufacturer of originator medicines who is the holder of those patents and manufacturers of generic products – Article 101 TFEU — Potential competition — Restriction by object — Characterisation — Restriction by effect — Assessment of effects — Article 102 TFEU — Relevant market – Inclusion of generic medicines in the relevant market — Abuse of dominant position — Characterisation — Justifications
Request for a preliminary ruling from the Competition Appeal Tribunal
Language of the case: English
Case C-394/18 I.G.I. v Cicenia and Others
Reference for a preliminary ruling — Directive 82/891/EEC — Articles 12 and 19 — Division of limited liability companies — Protection of the interests of the creditors of the company being divided — Nullity of the division — Actio pauliana
Request for a preliminary ruling from the Corte di appello di Napoli
Language of the case: Italian
Case C-395/18 Tim v Consip and Ministero dell'Economia e delle Finanze
Reference for a preliminary ruling — Public procurement of supplies, works or services — Directive 2014/24/EU — Article 18(2) — Article 57(4) — Optional grounds for exclusion — Ground for exclusion of a subcontractor mentioned in the economic operator’s tender — Subcontractor’s failure to comply with environmental, social and labour law obligations — National legislation providing for automatic exclusion of the economic operator for such a failure
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-513/18 Autoservizi Giordano v Agenzia delle Dogane e dei Monopoli
Reference for a preliminary ruling — Taxation of energy products and electricity — Directive 2003/96/EC — Article 7(2) and (3) — Concept of ‘commercial gas oil used as propellant’ — National legislation levying a duty on commercial gas oil used as propellant for the regular carriage of passengers but not for the occasional carriage of passengers — Principle of equal treatment
Request for a preliminary ruling from the Commissione Tributaria Provinciale di Palermo
Language of the case: Italian
Case C-524/18 Dr. Willmar Schwabe v Queisser Pharma
Reference for a preliminary ruling — Public health — Information and consumer protection — Regulation (EC) No 1924/2006 — Implementing Decision 2013/63/EU — Nutritional and health claims made on foods — Article 10(3) — Reference to general, non-specific benefits — Concept of ‘accompanying’ a specific health claim — Obligation to produce scientific evidence — Scope
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-725/18 Anton van Zantbeek v Ministerraad
Reference for a preliminary ruling — Article 56 TFEU — Article 36 of the Agreement on the European Economic Area — Freedom to provide services — Tax on stock exchange transactions concluded or executed in a Member State — Difference in treatment to the detriment of recipients of services using non-resident professional intermediaries — Restriction — Justification
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
Case C-457/18 Slovenia v Croatia
Failure of a Member State to fulfil obligations — Article 259 TFEU — Jurisdiction of the Court — Determination of the common border between two Member States — Border dispute between the Republic of Croatia and the Republic of Slovenia — Arbitration agreement — Arbitration proceedings — Notification by the Republic of Croatia of its decision to terminate the agreement because of an irregularity alleged by it to have been committed by a member of the arbitral tribunal — Arbitration award made by the arbitral tribunal — Alleged failure by the Republic of Croatia to observe the arbitration agreement and the border established by the arbitration award — Principle of sincere cooperation — Request that a document be removed from the case file — Protection of legal advice
Language of the case: Croatian
Information (on unpublished decisions)
Case C-647/18 Corporate Commercial Bank v Elit Petrol
Reference for a preliminary ruling — Article 53(2) of Rules of Procedure of the Court of Justice — Judicial cooperation in civil matters — Insolvency proceedings — Retroactive amendment to te implementation conditions for recriprocal compensation made with a bankrupt credit institution — Rule of law — Principle of legal certainty — Right to an effective remedy
Case C-381/19 SC Banca E v G.D.
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Consumer protection — Directive 93/13/EC — Introduction of a new legal procedure during the proceedings — Principles of legal certainty and effectiveness
Case C-642/19 P BS v Parliament
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Civil service — Officials — Avis de modification des droits à pension — Dependent child allowance — Education allowance — Child suffering from an infirmity preventing her from earning a livelihood — Actual maintenance of the child — Annexe VII of the Staff Regulations of Officials of the European Union — Article 2 — Recovery of undue payments — Manifest error of assessment — Right to sound administration — Action for annulment
Case C-439/13 P-DEP Eulex Kosovo v Elitaliana
Taxation of costs
Case C-118/18 P-REV II Hochmann Marketing v EUIPO
Application for revision — Article 159 of the Rules of Procedure of the Court of Justice — Request relating to an order made pursuant to Article 181 of the Rules of Procedure — Conditions — Appeal — Absence of previously unknown facts — Inadmissibility
Case C-368/19 Telecom Italia and Others v Roma Capitale and Others
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Approximation of laws — Electronic communications networks and services — Restrictions on the installation of mobile phone base transceiver stations established by local authorities — Insufficient details concerning the reasons why an answer to the question referred is necessary for the outcome of the dispute in the main proceedings — Manifest inadmissibility
Cases C-605/19 P(R) and C-605/19 P(R)-R Highgate Capital Management v Commission
Appeal — Interlocutory order — State aid — Application for interim measures — Rejection — No need to adopt the interim measures sought — Lack of jurisdiction — Inadmissibility
Case C-506/18 P Parliament v Josefsson
Appeal — Civil service — Temporary staff — European Parliament — Termination of the contract — Agreement intended to resolve the dispute between the parties — Appeal which has become devoid of purpose — No need to adjudicate
Case C-613/18 Estado do Canadá v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Restrictions on the free movement of capital to or from a third country — Direct taxation — Tax on the revenue of legal persons — Profits distributed by companies resident in the territory of Portugal — Reduction in the tax base
Case C-813/19 PPU MN
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Article 99 of the Rules of Procedure of the Court — Judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 6(1) — Concept of ‘issuing judicial authority’ — Effective judicial protection
Case C-418/19 P Silgan Closures and Silgan Holdings v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Competition — Article 101 TFEU — Agreements between undertakings — Market in metal packaging — Regulation (EC) No 773/2004 — Article 2(1) –Decision to initiate a proceeding — Action for annulment — Inadmissibility — Act not open to challenge — Effective judicial protection — Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded
Joined Cases C-538/18 P and C-539/18 P České dráhy v Commission
Appeal — Competition — Regulation (EC) No 1/2003 — Article 20(4) — Inspection decisions — Duty to state reasons — Reasonable grounds for finding an infringement of competition rules — Evidence lawfully gathered — Inspection ordered on the basis of evidence obtained from a previous inspection
Case C-172/19 P Euracoal v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Environment — Directive 2010/75/EU — Best available techniques (BAT) conclusions — Implementing Decision (EU) 2017/1442 –Large combustion plants — Action for annulment — Inadmissibility — Lack of individual concern — Participation in the process leading to the adoption of the act — Procedural guarantees at the time of the adoption of the act — Substitution of grounds — No grounds alleging infringement of the appellant’s procedural rights — Act not of individual concern — Appeal manifestly unfounded
February 2020
Joined Cases C-515/17 P and C-561/17 P Uniwersytet Wrocławski and Poland v REA
Appeal — Action for annulment — Article 19 of the Statute of the Court of Justice of the European Union — Representation of parties in direct actions before the Courts of the European Union — Lawyer representing the applicant as a third party — Article 47 of the Charter of Fundamental Rights of the European Union
Language of the case: Polish
Case C-341/18 Staatssecretaris van Justitie en Veiligheid v J. and Others (Signing-on of seamen in the port of Rotterdam)
Reference for a preliminary ruling — Regulation (EU) 2016/399 — Schengen Borders Code — Control at the external borders — Third-country nationals — Article 11(1) — Affixing of stamps on travel documents — Exit stamp — Determination of the time of exit from the Schengen area — Signing-on of seamen with ships that are in long-term mooring in a sea port
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-11/19 Azienda ULSS n. 6 Euganea v Pia Opera Croce Verde Padova
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Public procurement – Directive 2014/24/EU – Article 10(h) – Article 12(4) – Specific exclusions for service contracts – Civil defence, civil protection, and danger prevention services – Non-profit organisations or associations – Ordinary and emergency medical transport services – Regional legislation requiring priority to be given to recourse to a partnership between contracting authorities – Freedom of the Member States to choose how services are provided – Limits – Obligation to state reasons
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Joined Cases C-89/19 to C-91/19 Rieco v Comune di Lanciano and Others
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Public procurement – Directive 2014/24/EU – Article 12(3) – National legislation favouring public procurement procedures to the detriment of in-house contracts – Freedom of the Member States as to the choice of how services are to be provided – Limits – National legislation excluding the possibility for a contracting authority to acquire, in a body owned by contracting authorities, a shareholding which cannot guarantee control of that body or a power of veto
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-704/18 Criminal proceedings against Kolev and Others
Reference for a preliminary ruling — Article 267 TFEU — Implementation of a preliminary ruling of the Court — Power of a higher court to impose an injunction relating to the detailed rules for implementation — Procedural autonomy of the Member States — Principle of effectiveness — Observance of the rights of the defence
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-252/18 P Greece v Commission (Permanent pasture)
Appeal – Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), European Agricultural Guarantee Fund (EAGF) and European Agricultural Fund for Rural Development (EAFRD) – Expenditure excluded from EU financing – Expenditure incurred by the Hellenic Republic – Regulation (EC) No 1782/2003 – Regulation (EC) No 796/2004 – Area-related aid scheme – Concept of ‘permanent pasture’ – Flat-rate financial corrections
Language of the case: Greek
Case C-688/18 Criminal proceedings against TX and UW (Hearing in the absence of the accused person)
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive (EU) 2016/343 — Presumption of innocence and right to be present at the trial in criminal proceedings — Article 8(1) and (2) — Conditions laid down by national law in order to hold a trial in absentia — Non-appearance of accused persons at certain hearings for reasons either within or beyond their control — Right to fair legal process
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-606/19 flightright v IBERIA LAE
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Area of freedom, security and justice — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Regulation (EU) No 1215/2012 — Second indent of Article 7(1)(b) — Special jurisdiction in matters relating to a contract — Concept of ‘place of performance’ — Contract for the provision of services — Air transport — Regulation (EC) No 261/2004 — Right to compensation for flight passengers in the event of cancellation or long delay of flights — Flight under a confirmed single booking with several connecting flights operated by two separate air carriers — Cancellation of the final leg of the journey — Claim for compensation brought against the air carrier in charge of the final leg of the journey before the court or tribunal which has territorial jurisdiction over the place of departure of the first leg of the journey
Request for a preliminary ruling from the Amtsgericht Hamburg
Language of the case: German
Case C-427/18 P EEAS v Alba Aguilera and Others
Appeal — Civil service — Officials and members of staff — European External Action Service (EEAS) — Remuneration — Staff Regulations — Article 110 — EU staff posted to a third country — Annex X — Third subparagraph of Article 1 and Article 10 — Allowance for living conditions — Annual revision and adjustment — Reduction for staff posted to Ethiopia — Requirement to adopt general implementing provisions beforehand — Scope
Language of the case: French
Case C-788/18 Stanleyparma and Stanleybet Malta v Agenzia delle Dogane e dei Monopoli UM Emilia Romagna
Reference for a preliminary ruling — Freedom to provide services — Article 56 TFEU — Games of chance — Taxation — Principle of non-discrimination — Single tax on betting
Request for a preliminary ruling from the Commissione tributaria provinciale di Parma
Language of the case: Italian
Case C-240/18 P Constantin Film Produktion v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 7(1)(f) — Absolute ground for refusal — Mark contrary to accepted principles of morality — Word sign ‘Fack Ju Göhte’ — Rejection of the application for registration
Language of the case: German
Case C-298/18 Grafe and Pohle v Südbrandenburger Nahverkehrs and OSL Bus
Reference for a preliminary ruling — Directive 2001/23/EC — Article 1(1) — Transfer of an undertaking — Safeguarding of employees’ rights — Operation of bus routes — Re-employment of the staff — Operating resources not taken over — Grounds
Request for a preliminary ruling from the Arbeitsgericht Cottbus - Kammern Senftenberg
Language of the case: German
Case C-384/18 Commission v Belgium (Accountants)
Failure of a Member State to fulfil obligations — Article 49 TFEU — Services in the internal market — Directive 2006/123/EC — Article 25(1) and (2) — Restrictions on multidisciplinary activities of accountants
Language of the case: French
Case C-405/18 AURES Holdings v Odvolací finanční ředitelství
Reference for a preliminary ruling — Article 49 TFEU — Freedom of establishment — Tax legislation — Corporation tax — Transfer of a company’s place of effective management to a Member State other than its registered seat — Transfer of tax residency to that other Member State — National legislation not allowing a tax loss incurred in the Member State of incorporation before the transfer of its seat to be claimed
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Joined Cases C-773/18 to C-775/18 TK and Others v Land Sachsen-Anhalt (Remuneration of officials and judges)
References for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Articles 2 and 6 – Prohibition of all discrimination on grounds of age – Remuneration of civil servants – Discriminatory system of remuneration – Retrospective payment calculated on the basis of a prior discriminatory classification – New form of discrimination – Article 9 – Compensation as a result of discriminatory legislation – Time limit for making an application for compensation – Principles of equivalence and effectiveness
Requests for a preliminary ruling from the Verwaltungsgericht Halle
Language of the case: German
Case C-803/18 BALTA v GRIFS AG
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 15, point 5 and Article 16, point 5 — Insurance of ‘large risks’ — Jurisdiction clause agreed upon by the policyholder and the insurer — Whether that clause may be relied on against the insured person
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-836/18 Subdelegación del Gobierno en Ciudad Real v RH (Spouse of a Union citizen)
Reference for a preliminary ruling — Article 20 TFEU — European Union citizens — Union citizen who has never exercised the freedom of movement — Application for a temporary residence permit for the spouse, who is a third-country national — Rejection — Obligation to support the spouse — Union citizen having insufficient resources — Obligation of the spouses to live together — National legislation and practice — Effective enjoyment of the substance of the rights conferred on Union citizens — Deprived
Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha
Language of the case: Spanish
Case C-25/19 Corporis v Gefion Insurance
Reference for a preliminary ruling — Directive 2009/138/EC — Representation of a non-life insurance undertaking — Representative permanently resident in national territory — Service of documents — Receipt of the document initiating proceedings — Regulation (EC) No 1393/2007 — Non-applicability
Request for a preliminary ruling from the Sąd Okręgowy w Poznaniu
Language of the case: Polish
Case C-79/19 P Lithuania v Commission
Appeal — EAGGF, EAGF and EAFRD — Expenditure excluded from EU financing — Expenditure incurred by the Republic of Lithuania — Aid for early retirement — Regulation (EC) No 1257/1999 — Article 33m(1) — Distortion of the evidence
Language of the case: Lithuanian
Case C-670/19 Gardinia Home Decor v Hauptzollamt Ulm
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Regulation (EEC) no 2658/87 — Customs Union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Subheading 8302 41 90 — Metal curtain rods
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
Information (on unpublished decisions)
Case C-631/19 P Dickmanns v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Civil service — Members of the temporary staff — Fixed-term contract — Clause terminating the contract in the event that the name of the agent is not included on the reserve list of the next general competition — Exercise of the termination clause — Action for annulment and for damages
Case C-137/18 hapeg dresden v Bayrische Straße 6-8
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Freedom to provide services — Directive 2006/123/EC — Legislation of a Member State providing for a minimum tariff for engineer and architect fees
Case C-858/19 P NHS v EUIPO
Appeal — EU trade mark –– Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-789/19 P(R) Walker and Others v Parliament and Council
Appeal — Order for interim relief — Area of freedom, security and justice — Regulation (EU) 2018/1806 — Loss of EU citizenship — Action for annulment — Application for interim measures — Manifest inadmissibility of the action for annulment
Case C-887/19 P Rutzinger-Kurpas v EUIPO
Appeal — EU trade mark — Whether appeals may be allowed to proceed — Article 170b of the Court’s Rules of Procedure — Request failing to demonstrate a significant issue of law with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-258/18 Solak v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen
Request for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — EEC-Turkey Association Agreement — Article 59 of the Additional Protocol — Decision No 3/80 — Social security for Turkish migrant workers — Waiver of residence clauses — Article 6 — Supplementary benefits — Suspension — Renunciation of the nationality of the host Member State — Regulation (EC) No 883/2004 — Special non-contributory cash benefits — Residence requirement
Case C-376/19 МАК ТURS v Direktor na Direktsia „Inspektsia po truda“
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — National legislation providing for the imposition of a financial penalty of a predetermined minimum amount, not subject to judicial review — Lack of connection to EU law — Clear lack of jurisdiction of the Court
Case C-468/19 Regione Veneto v HD
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Historical vehicles – Non-uniform tax treatment within a Member State – Purely internal situation – Manifest inadmissibility
Case C-823/19 P ruwido austria v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170 of the Rules of Procedure of the Court of Justice — Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-867/19 P Conféderation nationale du Crédit Mutuel v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170 of the Rules of Procedure of the Court of Justice — Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-630/19 PAGE International v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Deduction of input tax — Directive 2006/112/EC — Articles 168 and 176 — Exclusion from the right to deduct — Acquisition of food services — Standstill clause — Accession to the European Union
Case C-773/19 P(R) BASF v Commission
Appeal — Order for interim relief — Directive 2001/83/EC — Medicinal products for human use — Variation of a marketing authorisation for medicinal products for human use containing Omega-3 acid ethyl esters — Urgency — Serious and irreparable harm to the health of third parties — Damage to reputation
Case C-832/19 P(R) Medac Gesellschaft für klinische Spezialpräparate v Commission
Appeal — Order for interim measures — Medicinal products for human use — Application for marketing authorisation for an orphan medicinal product — Commission decision to remove a medicinal product from the Register of Orphan Medicinal Products — Urgency — Serious and irreparable damage — None
Case C-298/19 Commission v Greece (Pollution caused by nitrates)
Failure of a Member State to fulfil obligations — Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources — Judgment of the Court establishing a failure to fulfil obligations — Non-implementation — Article 260(2) TFEU — Pecuniary penalties — Lump sum
March 2020
Case C-75/18 Vodafone Magyarország v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling — Freedom of establishment — Tax on the turnover of telecommunications operators — Progressive tax having a greater impact on undertakings owned by natural or legal persons of other Member States than on national undertakings — Progressive tax bands applicable to all taxable persons — Neutrality of the amount of turnover as a criterion of differentiation — Ability to pay of taxable persons — State aid — Common system of value added tax (VAT) — Turnover taxes — Meaning
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-125/18 Gómez del Moral Guasch v Bankia
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Mortgage loan agreement — Variable interest rate — Reference index based on mortgage loans granted by savings banks — Index arising from a regulatory or administrative provision — Unilateral introduction of the term by the seller or supplier — Review of the transparency requirement by the national court — Consequences of a finding that the term is unfair
Request for a preliminary ruling from the Juzgado de Primera Instancia °n 38 de Barcelona
Language of the case: Spanish
Case C-323/18 Tesco-Global Áruházak v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling — Freedom of establishment — Turnover tax in the store retail trade sector — Progressive tax having a greater impact on undertakings owned by natural or legal persons of other Member States than on national undertakings — Progressive tax bands applicable to all taxable persons — Neutrality of the amount of turnover as a criterion of differentiation — Ability to pay of taxable persons
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-482/18 Google Ireland v Nemzeti Adó- és Vámhivatal Kiemelt Adó- és Vámigazgatósága
Reference for a preliminary ruling — Freedom to provide services — Article 56 TFEU — Restrictions — Tax provisions — Tax on advertising activities based on turnover — Obligations relating to registration with a tax authority — Principle of non-discrimination — Fines — Principle of proportionality
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-717/18 Procureur-generaal v X (European arrest warrant - Double criminality)
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 2(2) — Execution of a European arrest warrant — Removal of verification of the double criminality of the act — Conditions — Offence punishable by the issuing Member State by a custodial sentence for a maximum period of at least three years — Amendment of the criminal legislation of the issuing Member State between the date of the acts and the date of issue of the European arrest warrant — Version of the law to be taken into account in verifying the maximum sentence threshold of at least three years
Request for a preliminary ruling from the Hof van Beroep te Gent
Language of the case: Dutch
Case C-10/18 P Mowi v Commission
Appeal — Competition — Control of concentrations between undertakings — Regulation (EC) No 139/2004 — Article 4(1) — Prior notification obligation for concentrations — Article 7(1) — Standstill obligation — Article 7(2) — Exemption — Concept of a ‘single concentration’ — Article 14(2) — Decision imposing fines for the implementation of a concentration before it has been notified and authorised — Principle ne bis in idem — Set‑off principle — Concurrent offences
Language of the case: English
Joined Cases C-155/18 P to C-158/18 P Tulliallan Burlington v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Word and figurative marks ‘BURLINGTON’ — Opposition of the proprietor of the earlier word and figurative marks ‘BURLINGTON’ and ‘BURLINGTON ARCADE’ — Article 8(1)(b) — Likelihood of confusion — Nice Agreement — Class 35 — Concept of ‘retail services’ — Article 8(4) — Passing-off — Article 8(5) — Reputation — Criteria for assessment — Similarity between the goods and services — Opposition rejected
Language of the case: English
Case C-183/18 Centraal Justitieel Incassobureau v Bank BGŻ BNP Paribas
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Framework Decision 2005/214/JHA – Recognition and enforcement of financial penalties imposed on legal persons – Incomplete transposition of a framework decision – Obligation to interpret national law in accordance with EU law – Scope
Request for a preliminary ruling from the Sąd Rejonowy Gdańsk–Południe w Gdańsku
Language of the case: Polish
Case C-328/18 P EUIPO v Equivalenza Manufactory
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Likelihood of confusion — Assessment of the similarity of the signs at issue — Global assessment of the likelihood of confusion — Consideration of marketing circumstances — Counteraction of a phonetic similarity through visual and conceptual differences — Conditions for counteraction
Language of the case: Spanish
Case C-586/18 P Buonotourist v Commission
Appeal — Competition — State aid — Undertaking operating bus route networks in the Regione Campania (Campania Region, Italy) — Compensation for public service obligations paid by the Italian authorities following a judgment of the Consiglio di Stato (Council of State, Italy) — European Commission decision declaring the aid measure unlawful and incompatible with the internal market
Language of the case: Italian
Case C-587/18 P CSTP Azienda della Mobilità v Commission
Appeal — Competition — State aid — Undertaking operating bus route networks in the Regione Campania (Campania Region, Italy) — Compensation for public service obligations paid by the Italian authorities following a judgment of the Consiglio di Stato (Council of State, Italy) — European Commission decision declaring the aid measure unlawful and incompatible with the internal market
Language of the case: Italian
Case C-655/18 Teritorialna direktsia Severna morska v Schenker
Reference for a preliminary ruling — Customs union — Regulation (EU) No 952/2013 — Removal from customs supervision — Theft of goods placed under a customs warehousing procedure — Article 242 — Person responsible for the removal — Holder of the authorisation for customs warehousing — Penalty for failure to comply with the customs legislation — Article 42 — Obligation to pay a sum corresponding to the value of the missing goods — Combination with a pecuniary penalty — Proportionality
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
Case C-34/19 Telecom Italia v Ministero dello Sviluppo Economico and Ministero dell'Economia e delle Finanze
Reference for a preliminary ruling — Approximation of laws — Telecommunication services — Implementation of provision of an open telecommunications network — Directive 97/13/EC — Fees and charges for individual licences — Transitional arrangements establishing a charge beyond those authorised by Directive 97/13/EC — Force of res judicata attaching to a higher court judgment considered contrary to EU law
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-211/18 Idealmed III v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 132(1)(b) — Exemptions — Hospital and medical care — Hospital establishments — Services provided under social conditions comparable to those applicable to bodies governed by public law — Articles 377 and 391 — Derogations — Right to opt for a taxation regime — Maintenance of the taxation — Variation in the conditions for the exercise of the activity
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
Case C-679/18 OPR-Finance v GK
Reference for a preliminary ruling — Consumer protection — Directive 2008/48/EC — Credit agreements for consumers — Article 8 — Creditor’s obligation to assess the consumer’s creditworthiness — National rules — Whether limitation may be invoked against the objection of nullity of the agreement raised by the consumer — Article 23 — Penalties — Effective, proportionate and dissuasive nature — National court — Examination by the court of its own motion as to whether that obligation has been complied with
Request for a preliminary ruling from the Okresní soud v Ostravě
Language of the case: Czech
Case C-766/18 P Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Opposition — Article 8(1)(b) — Likelihood of confusion — Criteria for assessment — Applicability in the case of an earlier collective mark — Interdependence between the similarity of the trade marks at issue and that of the goods or services covered by those marks
Language of the case: English
Case C-48/19 X v Finanzamt Z (VAT exemption for telephone consultations)
Reference for a preliminary ruling – Taxation – Common system of value added tax – Directive 2006/112/EC – Article 132(1)(c) – Exemptions – Provision of medical care in the exercise of the medical and paramedical professions – Providing services by telephone – Services provided by nurses and medical assistants
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-69/19 P Credito Fondiario v SRB
Appeal — Economic and monetary union — Banking union — Recovery and resolution of credit institutions and investment firms — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Single Resolution Board (SRB) — Single Resolution Fund (SRF) — Determination of the 2016 ex ante contribution — Action for annulment — Period within which proceedings must be commenced — Plea of illegality — Manifest inadmissibility
Language of the case: Italian
Case C-100/19 Viasat UK and Viasat v IBPT
Reference for a preliminary ruling — Approximation of laws — Telecommunications sector — Harmonised use of radio spectrum in the 2 GHz frequency bands for the implementation of systems providing mobile satellite services — Decision No 626/2008/EC — Article 4(1)(c), Article 7(1), and Article 8(1) — Complementary ground components — Authorisations issued by Member States — Requirement for operators to provide service coverage for a certain percentage of the population and the territory — Non-compliance — Effect
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
Case C-135/19 Pensionsversicherungsanstalt v CW (Rehabilitation benefit)
Reference for a preliminary ruling — Social security for migrant workers — Coordination of social security systems — Regulation (EC) No 883/2004 — Articles 3 and 11 — Matters covered — Benefits falling within the scope of the regulation — Classification — Sickness benefit — Invalidity benefit — Unemployment benefit — Person who has ceased to be insured under the social security system of a Member State after ceasing to be employed there and moving his or her place of residence to another Member State — Application for a rehabilitation allowance in the former Member State of residence and employment — Refusal — Determination of the legislation applicable
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-511/17 Lintner v UniCredit Bank Hungary
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Foreign currency based loan contract – Article 4(1) – Consideration of all the other terms of the contract for the purpose of assessing the unfairness of the contested term – Article 6(1) – Examination by the national court of its own motion as to whether the clauses in the contract are unfair – Scope
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-56/18 P Commission v Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo
Appeal — State aid — Article 108(2) TFEU — Investment aid — Operating aid — Airport infrastructure — Public funding by the municipalities of Gdynia and Kosakowo for setting up the Gdynia-Kosakowo Airport — Decision of the European Commission — Aid incompatible with the internal market — Order for recovery of the aid — Annulment by the General Court of the European Union — Essential procedural requirement — Procedural rights of the interested parties
Language of the case: Polish
Case C-160/18 X v Staatssecretaris van Financiën (Recovery of additional import duties)
Reference for a preliminary ruling — Customs Union and Common Customs Tariff — Regulation (EC) No 1234/2007 — Regulation (EC) No 1484/95 — Import of frozen poultrymeat originating in Brazil — Post-clearance recovery of additional import duties — Verification mechanism — Method for calculating additional duties
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-314/18 SF (European arrest warrant –Guarantee of return to the executing State)
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 5(3) — Surrender of the person concerned made subject to a guarantee that that person will be returned to the executing Member State in order to serve there a custodial sentence or a measure involving deprivation of liberty imposed on that person in the issuing Member State — Time of return — Framework Decision 2008/909/JHA — Article 3(3) — Scope — Article 8 — Adaptation of the sentence imposed in the issuing Member State — Article 25 — Enforcement of a sentence under Article 5(3) of Framework Decision 2002/584/JHA
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-454/18 Baltic Cable v Energimarknadsinspektionen
Reference for a preliminary ruling — Internal market for electricity — Directive 2009/72/EC — Transmission of electricity — Concept of ‘transmission system operator’ — Regulation (EC) No 714/2009 — Interconnector — Transmission line connecting the national transmission systems of the Member States — Article 16(6) — Scope — Use of revenues resulting from the allocation of interconnection capacity — Undertaking which merely operates a cross-border high-voltage power line connecting two national transmission networks
Request for a preliminary ruling from the Förvaltningsrätten i Linköping
Language of the case: Swedish
Case C-94/19 San Domenico Vetraria v Agenzia delle Entrate
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Sixth Council Directive 77/388/EEC — Articles 2 and 6 — Scope — Taxable transactions — Services supplied for consideration — Secondment of staff by a parent company to its subsidiary — Reimbursement by the subsidiary limited to the costs incurred
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-192/19 Rensen Shipbuilding
Reference for a preliminary ruling – Common Customs Tariff – Combined Nomenclature – Tariff classification – Heading 8901 – Ship hulls – Maritime navigation – Vessels, designed as seagoing – Meaning
Request for a preliminary ruling from the Gerechtshof te Amsterdam
Language of the case: Dutch
Case C-583/18 Verbraucherzentrale Berlin v DB Vertrieb
Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Scope — Service contract — Article 2(6) — Contract for passenger transport services — Article 3(3)(k) — Cards conferring entitlement to price reductions when passenger transport contracts are subsequently concluded — Online selling of such cards without informing the consumer about the right of withdrawal
Request for a preliminary ruling from the Oberlandesgericht Frankfurt am Main
Language of the case: German
Case C-659/18 Criminal proceedings against VW (Right of access to a lawyer in the event of non-appearance)
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2013/48/EU — Article 3(2) — Right of access to a lawyer — Circumstances in which the right of access to a lawyer must be guaranteed — Non-appearance — Derogations from the right of access to a lawyer — Article 47 of the Charter of Fundamental Rights of the European Union — Right to effective judicial protection
Request for a preliminary ruling from the Juzgado de Instrucción de Badalona
Language of the case: Spanish
Case C-769/18 Caisse d’assurance retraite et de la santé au travail d’Alsace-Moselle v SJ and Ministre chargé de la Sécurité sociale
Reference for a preliminary ruling — Social security for migrant workers — Regulation (EC) No 883/2004 — Article 5(b) — Increase in the rate for old-age pensions — Taking into account of the allowance paid in respect of the raising of a disabled child in another Member State — Principle of equal treatment of facts
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-832/18 A and Others v Finnair
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Articles 5 and 7 — Right to compensation in the event of delay or cancellation of a flight — Entitlement to compensation more than once in the event of a delay or cancellation not only of the original reservation, but also of the subsequent reservation made in the context of a re-routing — Scope — Exemption from the obligation to pay compensation — Concept of ‘extraordinary circumstances’ — ‘On condition’ part — Technical shortcomings inherent in aircraft maintenance
Request for a preliminary ruling from the Helsingin hovioikeus
Language of the case: Finnish
Joined Cases C-103/18 and C-429/18 Sánchez Ruiz and Others v Comunidad de Madrid and Consejería de Sanidad de la Comunidad de Madrid
References for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework Agreement, concluded by ETUC, UNICE and CEEP regarding fixed-term work – Clause 5 – Concept of ‘successive fixed-term employment contracts or relationships’ – Failure by the employer to respect the relevant legal deadline for definitively filling posts temporarily occupied by fixed-term workers – Implicit extension of the employment relationship from year to year – Occupation by a fixed-term worker of the same post in the context of two consecutive appointments – Concept of ‘objective reasons’ justifying the renewal of successive fixed-term employment contracts or relationships – Respect for the reasons for recruitment provided for by the national legislation – Concrete examination finding that the successive renewal of fixed-term employment relationships seeks to cover the employer’s permanent and regular staffing needs – Measures seeking to prevent and, where appropriate, to punish abuses resulting from the use of successive fixed-term employment contracts or relationships – Selection procedures seeking to definitively fill posts occupied temporarily by fixed-term workers – Conversion of the situation of fixed-term workers into ‘non-permanent workers of indefinite duration’ – Grant to the worker of compensation equal to that paid in the event of unfair dismissal – Applicability of the Framework Agreement despite the fact that the worker consented to successive renewals of fixed-term contracts – Clause 5(1) – Absence of obligation for national courts to disapply inconsistent national legislation
Requests for a preliminary ruling from the Juzgado Contencioso-Administrativo de Madrid
Language of the case: Spanish
Case C-234/18 Komisia za protivodeystvie na koruptsiyata i za otnemane na nezakonno pridobitoto imushtestvo v BP and Others
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Proceedings for the confiscation of illegally obtained assets in the absence of a criminal conviction – Directive 2014/42/EU – Scope – Framework Decision 2005/212/JHA
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
Case C-406/18 PG v Bevándorlási és Menekültügyi Hivatal
Reference for a preliminary ruling — Common policy on asylum and subsidiary protection — Common procedures for granting international protection — Directive 2013/32/EU — Article 46(3) — Full and ex nunc examination — Article 47 of the Charter of Fundamental Rights of the European Union — Right to an effective remedy — Powers and obligations of the first-instance court or tribunal — No power to vary the decisions of the authorities competent in the area of international protection — National legislation providing for an obligation to adjudicate within a time limit of 60 days
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-564/18 LH v Bevándorlási és Menekültügyi Hivatal (Tompa)
Reference for a preliminary ruling – Asylum policy – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Application for international protection – Article 33(2) – Grounds of inadmissibility – National legislation under which an application is inadmissible if the applicant has arrived in the Member State concerned via a country in which he or she is not exposed to persecution or the risk of serious harm, or if that country provides sufficient protection – Article 46 – Right to an effective remedy – Judicial review of administrative decisions concerning the inadmissibility of applications for international protection – Time limit of eight days within which to give a decision – Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-45/19 Compañía de Tranvías de La Coruña v Ayuntamiento de A Coruña
Reference for a preliminary ruling — Regulation (EC) No 1370/2007 — Public passenger transport services by rail and by road — Article 8 — Transitional arrangements — Article 8(3) — Expiry of public service contracts — Calculation of the maximum contractual term set at 30 years — Determination of the date from which the maximum term of 30 years starts to run
Request for a preliminary ruling from the Juzgado Contencioso Administrativo A Coruña
Language of the case: Spanish
Case C-215/18 Králová v Primera Air Scandinavia
Reference for a preliminary ruling — Area of freedom, security and justice — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 5(1) — Jurisdiction in matters relating to a contract — Articles 15 to 17 — Jurisdiction over consumer contracts — Regulation (EC) No 261/2004 — Articles 6 and 7 — Right to compensation in the case where a flight is subject to a long delay — Contract for carriage combining travel and accommodation concluded between the passenger and a travel agency — Action for compensation brought against the air carrier which is not a party to that contract — Directive 90/314/EEC — Package travel
Request for a preliminary ruling from the Obvodní soud pro Prahu 8
Language of the case: Czech
Case C-244/18 P Larko v Commission
Appeal — State aid — Capital injections and State guarantees — Concept of State aid — Concept of ‘advantage’ — Private operator principle — Private investor test — European Commission’s obligation to undertake a diligent and impartial examination — Judicial review — Burden of proof — Concept of ‘firm in difficulty’ — Guidelines on State aid for rescuing and restructuring — Guarantee Notice — 2011 temporary framework — Amount of aid to be recovered — Duty of the Commission and the General Court of the European Union to state reasons
Language of the case: Greek
Case C-344/18 ISS Facility Services v Govaerts and Atalian
Reference for a preliminary ruling — Directive 2001/23/EC — Article 3(1) — Transfers of undertakings — Safeguarding of employees’ rights — Public contract for cleaning services — Award of market lots to two new contractors — Re‑engagement of a worker assigned to all the market lots
Request for a preliminary ruling from the Arbeidshof te Gent
Language of the case: Dutch
Case C-496/18 HUNGEOD and Others v Közbeszerzési Hatóság Közbeszerzési Döntőbizottság
Reference for a preliminary ruling – Public procurement – Review procedures concerning the award of public supply and public works contracts – Directive 89/665/EEC – Procurement procedures of entities operating in the water, energy, transport and telecommunications sectors – Directive 92/13/EEC – Public procurement – Directives 2014/24/EU and 2014/25/EU – Review of the application of public procurement rules – National legislation which allows certain bodies to initiate a procedure of their own motion where there has been an unlawful amendment to a contract which is in the course of being performed – Time-barring of an authority’s right to initiate a procedure of its own motion – Principles of legal certainty and proportionality
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Joined Cases C-542/18 RX-II and C-543/18 RX-II Review Simpson v Council and HG v Commission
Review of the judgments of the General Court of the European Union in Simpson v Council (T‑646/16 P) and HG v Commission (T‑693/16 P) — Civil service — Composition of the panel of judges which delivered the judgments at first instance — Procedure for the appointment of a judge to the European Union Civil Service Tribunal — Article 47 of the Charter of Fundamental Rights of the European Union — Tribunal established by law — Incidental review of legality — Effect on the unity and consistency of EU law
Languages of the case: English and French
Joined Cases C-558/18 and C-563/18 Miasto Łowicz v Skarb Państwa – Wojewoda Łódzki and Prokurator Generalny v VX and Others (Disciplinary regime for judges)
References for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Rule of law — Effective judicial protection in the fields covered by Union law – Principle of judicial independence – Disciplinary regime applicable to national judges – Jurisdiction of the Court – Article 267 TFUE – Admissibility – Interpretation necessary for the referring court to be able to give judgment – Meaning
Requests for a preliminary ruling from the Sąd Okręgowy w Łodzi and the Sąd Okręgowy w Warszawie
Language of the case: Polish
Case C-622/18 AR v Cooper International Spirits and Others
Reference for a preliminary ruling — Approximation of the laws of the Member States relating to trade marks — Directive 2008/95/EC — Article 5(1)(b) — First subparagraph of Article 10(1) — Article 12(1) — Revocation of a trade mark for lack of genuine use — Right of the trade mark proprietor to plead infringement of his or her exclusive rights as a result of the use by a third party of an identical or similar sign during the period preceding the date on which the revocation took effect
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-779/18 Mikrokasa and Revenue Niestandaryzowany Sekurytyzacyjny Fundusz Inwestycyjny Zamknięty v XO
Reference for a preliminary ruling — Consumer protection — Credit agreements for consumers — Directive 2008/48/EC — Article 3(g), Article 10(2) and Article 22(1) — Level of harmonisation — Concept of ‘non-interest credit costs’ — Directive 93/13/EEC — Article 1(2) — Unfair terms in consumer contracts — Ceiling value for the total non-interest credit costs — Contractual terms reflecting mandatory statutory or regulatory provisions — Not included
Request for a preliminary ruling from the Sąd Rejonowy w Siemianowicach Śląskich
Language of the case: Polish
Case C-2/19 Criminal proceedings against A. P. (Probation measures)
Reference for a preliminary ruling — Framework Decision 2008/947/JHA — Mutual recognition of judgments and probation decisions — Scope — Judgment imposing a suspended custodial sentence — Probation measure — Obligation not to commit a new criminal offence — Obligation prescribed by law
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
Case C-66/19 JC v Kreissparkasse Saarlouis
Reference for a preliminary ruling — Consumer protection — Directive 2008/48/EC — Credit agreements for consumers — Right of withdrawal — Time limit for the exercise of that right — Requirements concerning the information to be included in a credit agreement — Information notice merely referring to a series of national provisions
Request for a preliminary ruling from the Landgericht Saarbrücken
Language of the case: German
Case C-113/19 Luxaviation v Ministre de l'Environnement
Reference for a preliminary ruling — Environment — Scheme for greenhouse gas emission allowance trading — Directive 2003/87/EC — Penalty for excess emissions — No exculpatory cause in the event of actual holding of non-surrendered allowances, unless force majeure — No possibility of varying the amount of the penalty — Proportionality — Articles 20, 41, 47 and Article 49(3) of the Charter of Fundamental Rights of the European Union — Principle of the protection of legitimate expectations
Request for a preliminary ruling from the Cour administrative
Language of the case: French
Case C-182/19 Pfizer Consumer Healthcare v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling — Common Customs Tariff — Combined Nomenclature — Tariff classification — Heading 3005 and heading 3824 — Self-heating patches and belts to relieve pain — Implementing Regulation (EU) 2016/1140 — Invalidity
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Information (on unpublished decisions)
Case C-886/19 P Pink Lady America v CPVO
Appeal — Protection of plant varieties — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of Union law — Refusal to allow the appeal to proceed
Case C-902/19 P Esim Chemicals v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request not demonstrating the significance of an issue of law with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-248/19 Commission v Cyprus (Collection and treatment of urban waste water)
Failure of Member State to fulfil obligations – Article 258 TFEU – Directive 91/271/EEC – Treatment of urban waste water – Articles 3, 4, 10 and 15 – Annex I, points A, B and D – No collecting systems for urban waste water in certain agglomerations – No secondary or equivalent treatment of urban waste water – Construction and operation of treatment plants – Control of discharges from such plants
Case C-766/19 QE and RD v SATA International
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Manifest inadmissibility — Air transport — Regulation (EC) No 261/2004 — Article 5(3) — Compensation of passengers in the event of denied boarding and of cancellation or long delay of flights — Scope — Exemption from the obligation to pay compensation — Concept of ‘extraordinary circumstances’ — Generalised interruption of an airport’s refuelling system
Case C-338/19 Telecom Italia v Regione Sardegna
Reference for a preliminary ruling — Article 99 Rules of Procedure of the Court of Justice — State aid — Article 108 TFEU — Regulation (EC) No 659/1999 — Recovery of aid by the Member State of its own motion — Regulation (EC) No 794/2004 — Applicable interest rate
Case C-576/18 Commission v Italy (Unlawful aid granted to the hotel sector in Sardinia)
Failure of a Member State to fulfil obligations – Judgment of the Court establishing a failure to fulfil obligations – Non-compliance – Recovery of unlawful aid granted to the hotel industry in Sardinia – Article 260(2) TFEU – Pecuniary penalties – Penalty payment and lump sum
Case C-571/19 P EMB Consulting and Others v ECB
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Non-contractual liability — Economic and monetary policy — Restructuring of the Greek government debt — Obligatory exchange of shares held by private creditors — Opinion of the European Central Bank (ECB) — Principle of pacta sunt servanda — Article 17(1), Article 47, second indent, and Article 52(1) of the Charter of Fundamental Rights of the European Union — Article 63(1) TFEU — Article 124 TFEU — Appeal is dismissed as being manifestly unfounded
Case C-893/19 P Roxtec v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law — Refusal to allow the appeal to proceed
Case C-908/19 P European Food v EUIPO
Appeal — EU trade mark — Prior determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request that the appeal be allowed to proceed failing to demonstrate that an issue raised by the appeal is significant with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-612/18 P ClientEarth v Commission
Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Article 4(1)(a), third indent, and (6) — Exceptions to the right of access — Protection of the public interest as regards international relations — Documents drawn up by the European Commission’s legal service concerning Investor-State Dispute Settlement and the Investment Court System in EU trade agreements — Partial refusal of access
Case C-682/19 P BP v FRA
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Members of the contract staff – European Union Agency for Fundamental Rights (FRA) – Annulment of a decision not to renew a fixed-term contract – Application for revision – Inadmissibility – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-838/19 Boé Aquitaine v Mercialys
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Competition — Article 101 TFEU — Insufficient information regarding the factual and regulatory context of the dispute in the main proceedings and lack of grounds justifying the need for an answer to the questions referred — Manifest inadmissibility
Case C-860/19 P Magnan v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for failure to act, for damages and for annulment – Freedom of movement for workers – Freedom of occupation – Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons – Appeal in part manifestly inadmissible and in part manifestly unfounded
April 2020
Joined Cases C-370/17 and C-37/18 CRPNPAC v Vueling Airlines and Vueling Airlines v Poignant
Reference for a preliminary ruling — Migrant workers — Social security — Regulation (EEC) No 1408/71 — Legislation applicable — Article 14(1)(a) — Posted workers — Article 14(2)(a)(i) — Person normally employed in the territory of two or more Member States and employed by a branch or a permanent representation that an undertaking has in the territory of a Member State other than that where it has its registered office– Regulation (EEC) No 574/72 — Article 11(1)(a) — Article 12a(1a) — E 101 certificate — Binding effect — Certificate fraudulently obtained or relied on — Power of the courts of the host Member State to make a finding of fraud and disregard the certificate — Article 84(a)(3) of Regulation No 1408/71 — Cooperation between competent institutions — Authority in civil proceedings of res judicata in criminal proceedings — Primacy of EU law
Requests for a preliminary ruling from the Tribunal de grande instance de Bobigny and Cour de cassation
Language of the case: French
Joined Cases C-715/17, C-718/17 and C-719/17 Commission v Poland and Others (Temporary mechanism for the relocation of applicants for international protection)
Failure of a Member State to fulfil obligations — Decisions (EU) 2015/1523 and (EU) 2015/1601 — Article 5(2) and (4) to (11) of each of those decisions — Provisional measures in the area of international protection for the benefit of Italy and of Greece — Emergency situation characterised by a sudden influx of third-country nationals into certain Member States — Relocation of those nationals to other Member States — Relocation procedure — Obligation on the Member States to indicate at regular intervals, and at least every three months, the number of applicants for international protection who can be relocated swiftly to their territory — Consequent obligations leading to actual relocation — Interests of the Member States linked to national security and public order — Possibility for a Member State to rely on Article 72 TFEU in order not to apply EU legal acts of a binding nature
Languages of the case: Polish, Hungarian and Czech
Case C-228/18 Gazdasági Versenyhivatal v Budapest Bank and Others
Reference for a preliminary ruling — Competition — Agreements, decisions and concerted practices — Article 101(1) TFEU — Card payment systems — Interbank agreement fixing the level of interchange fees — Agreement restricting competition ‘by object’ and ‘by effect’ — Concept of restriction of competition ‘by object’
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-458/18 GVC Services (Bulgaria) v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling – Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States – Directive 2011/96/EU – Article 2(a)(i) and (iii) and Annex I, Part A (ab), and Part B, last indent – Definition of ‘Companies incorporated under the law of the United Kingdom’ and ‘corporation tax in the United Kingdom’ – Companies registered in Gibraltar and subject to corporation tax there
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C-480/18 PrivatBank v Finanšu un kapitāla tirgus komisija
Reference for a preliminary ruling — Payment services in the internal market — Directive 2007/64/EC — Material and personal scope — Payment services provided in a currency other than the euro or the currency of a Member State outside the euro area — Payment services provided by a credit institution — Non-execution or defective execution of a payment order — Person liable — Prudential supervision procedure — Complaint procedures — Out-of-court-redress — Competent authorities
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
Case C-500/18 AU v Reliantco Investments and Reliantco Investments Limassol Sucursala Bucureşti
Reference for a preliminary ruling — Freedom of establishment — Freedom to provide services — Markets in financial instruments — Directive 2004/39/EC — Meanings of ‘retail client’ and ‘consumer’ — Conditions for relying on the status of consumer — Determining jurisdiction to hear the request
Request for a preliminary ruling from the Tribunalul Specializat Cluj
Language of the case: Romanian
Case C-567/18 Coty Germany v Amazon Services Europe and Others
Reference for a preliminary ruling — EU trade mark — Regulation (EC) No 207/2009 — Article 9 — Regulation (EU) 2017/1001 — Article 9 — Rights conferred by a trade mark — Use — Stocking of goods for the purposes of offering them or putting them on the market — Storage with a view to dispatching goods sold in an online marketplace which infringe trade mark rights
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-670/18 CO v Comune di Gesturi
Reference for a preliminary ruling — Social policy — Principle of equal treatment in employment and occupation — Directive 2000/78/EC — Prohibition of all discrimination on grounds of age — Public call for expressions of interest — Conditions of participation — Exclusion of retired public-sector and private-sector employees
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Sardegna
Language of the case: Italian
Case C-753/18 Stim and SAMI v Fleetmanager Sweden and Nordisk Biluthyrning
Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Directive 2001/29/EC – Article 3(1) – Directive 2006/115/EC – Article 8(2) – Concept of ‘communication to the public’ – Undertaking hiring out cars each having a radio receiver as standard equipment
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
Case C-765/18 Stadtwerke Neuwied v RI
Reference for a preliminary ruling — Directive 2003/55/EC — Common rules for the internal market in natural gas — Consumer protection — Article 3(3) and point (b) of Annex A — Transparency of contractual terms and conditions — Obligation to give consumers adequate notice directly of an increase in charges
Request for a preliminary ruling from the Landgericht Koblenz
Language of the case: German
Case C-802/18 Caisse pour l'avenir des enfants (Child of the spouse of a frontier worker)
Reference for a preliminary ruling – Article 45 TFEU – Social security for migrant workers – Regulation (EC) No 883/2004 – Article 1(i) – Freedom of movement for workers – Equal treatment – Social advantages – Directive 2004/38 – Article 2(2) – Regulation (EU) No 492/2011 – Article 7(2) – Family allowance – Concept of ‘members of the family’ – Exclusion of the children of the spouses of non-resident workers – Difference in treatment in comparison with the children of the spouses of resident workers – Justification
Request for a preliminary ruling from the Conseil supérieur de la Sécurité sociale (Luxembourg)
Language of the case: French
Case C-830/18 Landkreis Südliche Weinstraße v PF and Others
Reference for a preliminary ruling — Freedom of movement for workers — Regulation (EU) No 492/2011 — Children of frontier workers — Social advantages — System for reimbursement of school transport costs — Requirement of residence in a Land — Exclusion of children attending school in that Land and residing in a Member State other than that of the school attended — Exclusion of nationals residing in other Länder
Request for a preliminary ruling from the Oberverwaltungsgericht Rheinland-Pfalz
Language of the case: German
Case C-20/19 kunsthaus muerz v Zürich Versicherung
Reference for a preliminary ruling – Freedom to provide services – Direct life assurance – Directive 2002/83/EC – Articles 35 and 36 – Right of cancellation and cancellation period – Incorrect information concerning the detailed rules for exercising the right of cancellation – Formal requirements for the declaration of cancellation – Lapse of the right of cancellation – Relevance of the policy holder’s status as a ‘consumer’
Request for a preliminary ruling from the Oberlandesgericht Wien
Language of the case: German
Case C-329/19 Condominio di Milano, via Meda v Eurothermo
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Article 1(1) — Article 2(b) — Definition of ‘consumer’ — Commonhold of a building
Request for a preliminary ruling from the Tribunale di Milano
Language of the case: Italian
Case C-897/19 PPU Ruska Federacija v I.N.
Reference for a preliminary ruling — Urgent preliminary ruling procedure — EEA Agreement — Non-discrimination — Article 36 — Freedom to provide services — Scope — Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis — Agreement on the surrender procedure between the Member States of the European Union and Iceland and Norway — Extradition to a third State of an Icelandic national — Protection of a Member State’s nationals against extradition — No equivalent protection for nationals of another State — Icelandic national who was granted asylum under national law before acquiring Icelandic citizenship — Restriction of freedom of movement — Justification based on the prevention of impunity — Proportionality — Verification of the guarantees provided for in Article 19(2) of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Vrhovni sud
Language of the case: Croatian
Case C-791/19 R Commission v Poland
Interim relief — Article 279 TFEU — Application for interim measures — Second subparagraph of Article 19(1) TEU — Independence of the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland)
Language of the case: Polish
Joined Cases C-13/18 and C-126/18 Sole-Mizo and Dalmandi Mezőgazdasági Zrt. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Right to deduct input tax – Refunding of excess VAT – Late repayment – Calculation of interest – Procedure for awarding interest due because of the unavailability of excess deductible VAT retained in breach of EU law and interest due as a result of delay by the tax authority in paying an amount due – Principles of effectiveness and equivalence
Requests for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság and Szekszárdi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-401/18 Herst v Odvolací finanční ředitelství
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(b) — Intra-Community acquisition of goods — Article 20 — Acquisition of the right to dispose of goods as owner — Chain of transactions for the purchase and resale of goods with a single intra-Community transport — Right to take decisions capable of affecting the legal situation of property — Transaction to which the transport should be ascribed — Transport under an excise duty suspension arrangement — Temporal effect of judgments by way of interpretation
Request for a preliminary ruling from the Krajský soud v Praze
Language of the case: Czech
Case C-507/18 NH v Associazione Avvocatura per i diritti LGBTI
Reference for a preliminary ruling — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 3(1)(a), Article 8(1) and Article 9(2) — Prohibition of discrimination based on sexual orientation — Conditions for access to employment or to occupation — Concept — Public statements ruling out recruitment of homosexual persons — Article 11(1), Article 15(1) and Article 21(1) of the Charter of Fundamental Rights of the European Union — Defence of rights — Sanctions — Legal entity representing a collective interest — Standing to bring proceedings without acting in the name of a specific complainant or in the absence of an injured party — Right to damages
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-640/18 Wagram Invest v Belgian State
Request for a preliminary ruling from the Cour d'appel de Mons
Language of the case: French
Case C-710/18 WN v Land Niedersachsen (Previous periods of relevant activity)
Reference for a preliminary ruling — Freedom of movement for workers — Article 45(1) TFEU — Remuneration — Step allocation in a remuneration system — Remuneration system linking entitlement to a higher remuneration rate to length of service with the same employer — Limitation of the account to be taken of previous periods of relevant activity with an employer in a Member State other than the Member State of origin
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-28/19 Ryanair and Autorità Garante della Concorrenza e del Mercato - Antitrust v Autorità Garante della Concorrenza e del Mercato - Antitrust and Others
Reference for a preliminary ruling — Transport — Air services — Regulation (EC) No 1008/2008 — Article 23(1) — Indication of the final price to be paid — Online passenger check-in fees — VAT — Administrative fees for purchases made by means of a credit card other than that approved by the air carrier — Unavoidable and foreseeable elements of the final price to be paid — Optional price supplements — Concept
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Joined Cases C-101/19 and C-102/19 DHU Arzneimittel v Bundesrepublik Deutschland
References for a preliminary ruling — Medicinal products for human use — Directive 2001/83/EC — Articles 62 and 69 — Particulars on the labelling and package leaflet of homeopathic medicinal products — Exhaustive list of the particulars or possibility to add information that is useful to the patient and is compatible with the summary of product characteristics –Dosage schedules for homeopathic medicinal products
Requests for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-217/19 Commission v Finland (Spring hunting of male common eiders)
Action for failure to fulfil obligations — Directive 2009/147/EC — Conservation of wild birds — Authorisations for spring hunting of male specimens of the ‘common eider’ bird species (Somateria mollissima) in the province of Åland (Finland) — Article 7(4) and Article 9(1)(c) — Concepts of ‘judicious use’ and ‘small numbers’
Language of the case: English
Case C-237/19 Gömböc v Szellemi Tulajdon Nemzeti Hivatala
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Refusal or invalidation of registration — Three-dimensional mark — Article 3(1)(e)(ii) and (iii) — Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result — Sign consisting of the shape which gives substantial value to the goods — Consideration of the perception of the relevant public
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-399/19 Autorità per le Garanzie nelle Comunicazioni v BT Italia and Others
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Electronic communications networks and services — Directive 2002/20/EC — Article 12 — Administrative charges imposed on undertakings providing an electronic communications service or network — Administrative costs of the national regulatory authority which may be covered by a charge — Yearly overview of the administrative costs and the total of charges levied
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-650/17 Royalty Pharma Collection Trust v Deutsches Patent- und Markenamt
Reference for a preliminary ruling — Intellectual and industrial property — Regulation (EC) No 469/2009 — Supplementary protection certificate for medicinal products — Conditions for obtaining such a certificate — Article 3(a) — Concept of a ‘product protected by a basic patent in force’ — Assessment criteria
Request for a preliminary ruling from the Bundespatentgericht
Language of the case: German
Case C-560/18 P Izba Gospodarcza Producentów i Operatorów Urządzeń Rozrywkowych v Commission
Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Article 4(2), third indent — Exceptions to the right of access — Exception relating to protection of the purpose of investigations — Documents concerning pending infringement proceedings — Detailed opinions issued in the course of a notification procedure under Directive 98/34/EC — Request for access — Refusal — Disclosure of documents requested in the course of the proceedings before the General Court of the European Union — Disclosure — Inadmissibility — Interest in bringing proceedings — Continuation
Language of the case: English
Case C-565/18 Société Générale v Agenzia delle Entrate – Direzione Regionale Lombardia Ufficio Contenzioso
Request for a preliminary ruling from the Commissione Tributaria Regionale per la Lombardia
Language of the case: Italian
Case C-584/18 D. Z. v Blue Air - Airline Management Solutions
Reference for a preliminary ruling – Area of freedom, security and justice – Border controls, asylum and immigration – Decision No 565/2014/EU – Simplified regime for the control of persons at the external borders – Third-country national in possession of a temporary residence permit issued by a Member State – Article 3 – Recognition by Bulgaria, Croatia, Cyprus and Romania of certain documents as equivalent to their national visas – Ability to rely on a decision against a State – Direct effect – Body governed by private law regarded as an emanation of the State – Conditions – Regulation (EC) No 562/2006 – Schengen Borders Code – Article 13 – Refusal of entry into the territory of a Member State – Obligation to state reasons – Regulation (EC) No 261/2004 – Compensation and assistance to air passengers in the event of denied boarding – Article 2(j) – Denied boarding based on the allegedly inadequate nature of travel documentation – Article 15 – Obligations of air carriers towards passengers – Inadmissibility of the derogations provided for in the contract of carriage or other documents
Request for a preliminary ruling from the Eparchiako Dikastirio Larnakas
Language of the case: Greek
Case C-627/18 Nelson Antunes da Cunha v IFAP
Reference for a preliminary ruling – State aid – Article 108 TFEU – Aid scheme that is incompatible with the internal market – Decision of the European Commission ordering the recovery of unlawful aid – Regulation (EU) 2015/1589 – Article 17(1) – Limitation period of 10 years – Application to the recovery powers of the Commission – Article 16(2) and (3) – National legislation laying down a limitation period of a lesser duration – Principle of effectiveness
Request for a preliminary ruling from the Tribunal Administrativo e Fiscal de Coimbra
Language of the case: Portuguese
Case C-661/18 CTT - Correios de Portugal v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Deduction of input tax — Article 173 — Mixed taxable person — Deduction methods — Pro rata method — Deduction on the basis of actual use — Article 184 to Article 186 — Adjustment of deductions — Change in the factors used to determine the amount to be deducted — Output transaction incorrectly regarded as VAT-exempt — National measure prohibiting a change in the deduction method for years that have already elapsed — Limitation period — Principles of fiscal neutrality, legal certainty, effectiveness, and proportionality
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
Case C-772/18 A v B (Infringement by importing ball bearings)
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 5(1) — Article 5(3)(b) and (c) — Infringement — Concept of ‘use in the course of trade’ — Goods released for free circulation –Imports — Storage — Retention of goods for marketing — Exports
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Case C-797/18 P Greece v Commission (Permanent pasture)
Appeal — European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) — Expenditure excluded from EU financing — Expenditure incurred by the Hellenic Republic — Regulation (EC) No 1782/2003 — Regulation (EC) No 796/2004 — Regulation (EC) No 1120/2009 — Regulation (EU) No 1306/2013 — Area-related aid scheme — Concept of ‘permanent pasture’ — Flat-rate financial corrections — Regulation (EC) No 1698/2005 — Assessment of the eligibility of expenditure — Managing authority — Regulation (EC) No 1290/2005 — Expenses covered by the 24-month period — Regulation (EC) No 817/2004 — System of effective, proportionate and dissuasive penalties — Method of calculating the correction
Language of the case: Greek
Case C-810/18 DHL Logistics (Slovakia) v Finančné riaditeľstvo SR
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Customs Union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Subheading 8525 80 91 — Digital cameras — Video camera recorders — Digital video camera recorder capable of capturing and recording still images and sequences of video with a resolution quality of less than 800 × 600 pixels
Request for a preliminary ruling from the Krajský súd v Trnave
Language of the case: Slovak
Case C-5/19 Оvergas Mrezhi and Balgarska gazova asotsiatsia v Komisia za energiyno i vodno regulirane
Reference for a preliminary ruling — Common rules for the internal market in natural gas — Directive 2009/73/EC — Article 3(1) to (3) and Article 41(16) — Public service obligations — Natural gas storage obligations for the purposes of ensuring the security and regularity of supply — National legislation providing that the financial burden of the public service obligations imposed on the natural gas undertakings is to be passed on to their customers — Conditions — Adoption of a legal act by a national regulatory authority imposing a public service obligation — Procedure — Articles 36 and 38 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Joined Cases C-168/19 and C-169/19 HB and IC v INPS
Reference for a preliminary ruling — Freedom of movement for persons — Article 21 TFEU — Principle of non-discrimination on grounds of nationality — Article 18 TFEU — Convention for the avoidance of double taxation — Public sector workers — Pensioner residing in a Member State other than that paying retirement pension and who does not have the nationality of the Member State of residence — Income tax — Alleged loss of tax advantages — Alleged impediment to freedom of movement and alleged discrimination
Requests for a preliminary ruling from the Corte dei Conti - Sezione Giurisdizionale Per la Regione Puglia
Language of the case: Italian
Case C-184/19 Hecta Viticol v ANAF - Direcţia Generală de Soluţionare a Contestaţiilor and Others
Reference for a preliminary ruling – Directives 92/83/EEC and 92/84/EEC – Rates of excise duty on wine and still fermented beverages other than wine and beer – Differentiated rates of excise duty – Principles of legal certainty and the protection of legitimate expectations
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-191/19 OI v Air Nostrum
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Compensation for air passengers in the event of denied boarding — Denied boarding — Cancellation — Connecting flights — Change of the reservation in respect of one of the flights comprising the journey by air against the passenger’s will — Arrival of the passenger without delay at his or her final destination
Request for a preliminary ruling from the Landgericht Frankfurt am Main
Language of the case: German
Case C-211/19 UO v Készenléti Rendőrség
Reference for a preliminary ruling — Social policy — Protection of the safety and health of workers — Directive 2003/88/EC — Scope — Derogation — Article 1(3) — Directive 89/391/EEC — Article 2(2) — Activities of rapid intervention police officers
Request for a preliminary ruling from the Miskolci Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-258/19 EUROVIA v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Common system of value added tax – Directive 77/388/EEC – First and third subparagraphs of Article 10(2), Article 17(1) and first subparagraph of Article 18(2) – Directive 2006/112/EC – Article 63, Article 64(1), subparagraphs (a) to (c) of the first paragraph of Article 66, Article 167 and the first paragraph of Article 179 – Services supplied before Hungary acceded to the European Union – Exact remuneration for that supply determined after accession – Invoice relating to that supply issued and paid after accession – Refusal on the grounds of limitation of the right to deduct based on that invoice – Jurisdiction of the Court
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Information (on unpublished decisions)
Case C-577/18 P-REV Kerstens v Commission
Application for revision — Article 159 of the Rules of Procedure of the Court of Justice — Conditions — No evidence — No fact of such a nature as to be a decisive factor — Inadmissibility
C-384/19 Commission v Spain (Flood risks– Management plans for the Canary Islands)
Failure of a Member State to fulfil obligations – Flood risk assessment and management – Directive 2007/60/EC – Article 7(1) and (5), Article 10(1) and (2) and Article 15(1) – Flood risk management plan – Establishment – Public consultation and information – Making available to the European Commission – River basin districts ES 120 Gran Canaria, ES 122 Fuerteventura, ES 123 Lanzarote, ES 124 Tenerife, ES 125 La Palma, ES 126 La Gomera and ES 127 El Hierro (Spain)
Case C-390/19 P Italy v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – European Agricultural Guarantee Fund (EAGF) – European Agricultural Fund for Rural Development (EAFRD) – Sugar sector – Expenditure excluded from EU financing – Expenditure incurred by the Italian Republic – Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded
Case C-406/19 P Commission v Spain
Appeal — EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by the Kingdom of Spain — Withdrawal of recognition of producer organisations — Non-recovery of aid paid — Burden of proof — Flat-rate financial correction
Case C-553/19 P ITSA v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Approximation of laws — Manufacture, presentation and sale of tobacco and related products — Establishment and operation of a traceability system for tobacco products — Delegated regulation and implementing measures — Action for annulment — Admissibility — Article 263, fourth para., TFEU — Lack of individual concern — Article 256(1), second para., TFEU — Article 58, first para., of the Statue of the Court of Justice of the European Union — Article 168(1)(d) and Article 169(2) of the Rules of Procedure of the Court of Justice — Paragraphs of the contested grounds of the judgment under appeal and specific legal arguments in support of the appeal not made clear — Line of argument asking the Court simply to re-examine the arguments put forward at first instance — Manifestly inadmissible appeal
Case C-26/20 P Rezon v EUIPO
Case C-691/15 P-DEP Bilbaína de Alquitranes and Others v Commission
Taxation of costs
Case C-692/19 B v Yodel Delivery Network
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Directive 2003/88/EC — Organisation of working time — Concept of ‘worker’ — Parcel delivery undertaking — Classification of couriers engaged under a services agreement — Possibility for a courier to engage subcontractors and to perform similar services concurrently for third parties
Case C-736/18 P Gugler France v EUIPO
Appeal — EU trade mark — Figurative mark containing the word element GUGLER — Application for a declaration of invalidity brought by Gugler France SA — Economic link between the party seeking a declaration of invalidity and the proprietor of the contested mark — No likelihood of confusion
Case C-161/19 Commission v Austria (Spring hunting of woodcocks)
Failure of a Member State to fulfil obligations — Directive 2009/147/EC — Conservation of wild birds — Authorisations for spring hunting of male specimens of the ‘woodcocks’ bird species (Scolopax rusticola) in Lower Austria (Austria) — Articles 7(4) and (9)(1)(c) — No ‘other satisfactory solution’ — Notion of ‘small numbers’
Case C-284/19 P-OST Clarke v Commission
Article 155 of the Rules of Procedure of the Court of Justice — No failure to adjudicate
Case C-936/19 P Rubik's Brand v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law — Refusal to allow the appeal to proceed
Case C-14/20 P Neoperl v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-747/19 P Rosellò v Italy
Appeal — Article 181 of the Rules of Procedure of the Court — Action for non-contractual liability brought against a Member State
Case C-756/19 Ramada Storax v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Articles 90 and 273 — Taxable amount — Reduction — Non-payment — Insolvency of the debtor residing outside the country — Ruling by a court of another Member State declaring debts claimed irrecoverable — Principles of fiscal neutrality and proportionality
Joined Cases C-608/18 P, C-609/18 P and C-767/18 P Cyprus v EUIPO
Appeal — EU trade mark — Opposition proceedings — Invalidity of the mark cited by the opposing party — Appeals which have become devoid of purpose — No need to adjudicate
Case C-638/18 Commission v Romania (Exceedance of the limit values for PM10)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and constant exceedance of the limit values for micro particles (PM10) in Zone RO32101 (Bucharest, Romania) – Article 23(1) – Annex XV – Exceedance period ‘as short as possible’ – Appropriate measures
Case C-557/19 P Hochmann Marketing v Parliament
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Request to act addressed to the European Parliament – Decision by the Parliament’s Committee on Petitions – Parliament’s lack of competence to amend the Rules of Procedure of the Court of Justice – Manifest lack of jurisdiction of the General Court of the European Union and manifest inadmissibility of the action at first instance – Appeal manifestly unfounded
Joined Cases C-818/19 and C-878/19 Marvik-Pastrogor v Darzhavata, predstavlyavana ot Ministara na fïnansite and Rodes - 08 v Narodno sabranie na Republika Bulgaria and Darzhavata, predstavlyavana ot Ministara na fïnansite
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice – Environment – Electricity generated by solar and wind power – Directive 2009/28/EC – Promotion of the use of energy from renewable sources – Article 3(3), first subparagraph, point (a) – Mandatory national overall targets – Articles 16 and 17 of the Charter of Fundamental Rights of the European Union – Freedom to conduct a business – Right to property – General principles of non-discrimination, legal certainty and the protection of legitimate expectations – Tax on the production of energy from renewable sources – Manifest lack of jurisdiction, in part, of the Court
Case C-939/19 Flightright v Eurowings
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Air transport — Regulation (EC) No 261/2004 — Compensation for flight passengers in the event of cancellation of a flight — Long delay — Right to compensation — Distance to be taken into account — Flight with a stopover — Connecting flight — Taking into account of the total flight distance or the cancelled leg of the journey only
May 2020
Joined Cases C-415/19 to C-417/19 Blumar and Others v Agenzia delle Entrate
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — State aid — European Commission decision declaring an aid scheme compatible with the internal market — National legislation precluding the award of aid under the authorised scheme in the event of non-compliance with a condition not provided for in the Commission decision
Requests for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-547/18 Dong Yang Electronics v Dyrektor Izby Administracji Skarbowej we Wrocławiu
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 44 — Implementing Regulation (EU) No 282/2011 — Article 11(1) — Supply of services — Point of reference for tax purposes — Concept of a ‘fixed establishment’ — Taxable person for VAT purposes — Subsidiary of a company of a non-Member State located in a Member State
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu
Language of the case: Polish
Case C-641/18 LG v Rina and Ente Registro Italiano Navale
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 1(1) — Concepts of ‘civil and commercial matters’ and ‘administrative matters’ — Scope — Activities of ship classification and certification societies — Acta iure imperii and acta iure gestionis — Public powers — Immunity from jurisdiction
Request for a preliminary ruling from the Tribunale di Genova
Language of the case: Italian
Case C-96/19 VO v Bezirkshauptmannschaft Tulln (Attestation concerning non-driving days)
Reference for a preliminary ruling – Road transport – Working days and rest days – Digital tachographs – Regulation (EU) No 165/2014 – Working days not recorded on a driver card and no record sheets kept – National legislation requiring the driver to present an attestation from his employer in such circumstances – Validity of the form annexed to Decision 2009/959/EU
Request for a preliminary ruling from the Landesverwaltungsgericht Niederösterreich
Language of the case: German
Case C-148/19 P BTB Holding Investments and Duferco Participations Holding v Commission
Appeal – State aid – Regional aid for the steel industry – Decision declaring the aid incompatible with the common market – Notion of ‘State aid’ – Advantage – Private-operator test – Manifest error – Burden of proof – Limits of judicial review
Language of the case: French
Joined Cases C-267/19 and C-323/19 PARKING and Interplastics v SAWAL and Letifico
Reference for a preliminary ruling – Regulation (EU) No 1215/2012 – Judicial cooperation in civil matters – Notaries acting in enforcement proceedings based on an authentic document – Non-adversarial proceedings – Principle of non-discrimination – Article 18 TFEU – Right to a fair trial – Article 47 of the Charter of Fundamental Rights of the European Union
Requests for a preliminary ruling from the Trgovački sud u Zagrebu
Language of the case: Croatian
Case C-446/18 AGROBET CZ v Finanční úřad pro Středočeský kraj
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Deduction of input tax – Excess VAT – Excess VAT withheld following the initiation of a tax inspection procedure – Request for refund of the portion of the excess relating to transactions not covered by that procedure – Refusal of the tax authority
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-615/18 UY v Staatsanwaltschaft Offenburg
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Right to information in criminal proceedings – Directive 2012/13/EU – Article 6 – Right to information about the accusation – Criminal prosecution for driving a vehicle without a driving licence – Driving ban resulting from an earlier penalty order of which the person concerned was unaware – Service of that order on the person concerned solely by way of a person compulsorily appointed to accept service – Acquisition of the force of res judicata – Possible negligence on the part of the person concerned
Request for a preliminary ruling from the Amtsgericht Kehl
Language of the case: German
Case C-667/18 Orde van Vlaamse Balies and Ordre des barreaux francophones et germanophone v Ministerraad
Reference for a preliminary ruling — Directive 2009/138/EC — Legal expenses insurance — Article 201 — Insured person’s right freely to choose a lawyer — Proceedings — Meaning — Mediation proceedings
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
Case C-749/18 B and Others v Administration des contributions directes (Vertical and horizontal tax integration)
Reference for a preliminary ruling – Articles 49 and 54 TFEU – Freedom of establishment – Tax legislation – Taxation of companies – Parent companies and subsidiaries – Vertical and horizontal tax integration
Request for a preliminary ruling from the Cour administrative
Language of the case: French
Case C-15/19 Azienda Municipale Ambiente v Consorzio Laziale Rifiuti
Reference for a preliminary ruling — Environment — Waste — Directive 1999/31/EC — Existing landfill sites — Period of responsibility for after-care of the landfill following closure — Extension — Costs of the landfill of waste — Polluter pays principle — Temporal scope of the directive
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-17/19 Criminal proceedings against Bouygues travaux publics and Others
Reference for a preliminary ruling — Migrant workers — Social security — Regulation (EEC) No 1408/71 — Legislation applicable — Article 14(1)(a) and (2)(b) — Regulation (EC) No 883/2004 — Article 12(1) — Article 13(1)(a) — Posted workers — Workers employed in two or more Member States — Regulation (EEC) No 574/72 — Article 11(1)(a) — Article 12a(2)(a) and(4)(a) — Regulation (EC) No 987/2009 — Article 19(2) — E 101 and A 1 Certificates — Binding effect — Consequences — Social security — Employment law
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C-45/19 Compañía de Tranvías de La Coruña v Ayuntamiento de A Coruña
Request for a preliminary ruling from the Juzgado Contencioso Administrativo No 2 A Coruña
Language of the case: Spanish
Case C-189/19 Spenner v Bundesrepublik Deutschland
Reference for a preliminary ruling – Environment – Scheme for greenhouse gas emission allowance trading in the European Union – Directive 2003/87/EC – Article 10a – Transitional regime for free allocation of allowances – Decision 2011/278/EU – Article 9 – Determination of the historical activity level – Significant change in the capacity of an installation which took place before the baseline period – Determination of the relevant baseline period
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-208/19 NK v MS and AS (Individual house project)
Reference for a preliminary ruling – Consumer protection – Consumer rights – Directive 2011/83/EU – Scope – Article 3(3)(f) – Concept of ‘contracts for the construction of new buildings’ – Article 16(c) – Concept of ‘goods made to the consumer’s specifications or clearly personalised’ – Contract between an architect and a consumer for the drawing-up of a plan for a new single-family house
Request for a preliminary ruling from the Landesgericht für Zivilrechtssachen Graz
Language of the case: German
Case C-263/19 T-Systems Magyarország and BKK Budapesti Közlekedési Központ v Közbeszerzési Hatóság Közbeszerzési Döntőbizottság
Reference for a preliminary ruling – Public procurement – Award of public contracts – Directive 2014/24/EU – Article 1(2) and Article 72 – Directive 2014/25/EU – Article 1(2) and Article 89 – Procedures for review of the award of public supply and public works contracts – Directive 89/665/EEC – Article 2e(2) – Procurement procedures of entities operating in the water, energy, transport and telecommunications sectors – Directive 92/13/EEC – Article 2e(2) – Modifications to a contract concluded following a public procurement procedure – No new public procurement procedure – Fines imposed on the contracting authority and on the successful tenderer – Principle of proportionality
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-266/19 EIS v TO
Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Article 6(1)(c) and (h) and (4) – Annex I(A) – Right of withdrawal – Information to be supplied by the trader relating to the conditions, time limit and procedures for exercising the right of withdrawal – Requirement for the trader to state his or her telephone number ‘where available’ – Scope
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Joined Cases C-924/19 PPU and C-925/19 PPU FMS and Others v Országos Idegenrendészeti Főigazgatóság Dél-alföldi Regionális Igazgatóság and Országos Idegenrendészeti Főigazgatóság
Reference for a preliminary ruling — Asylum and immigration policy — Directive 2013/32/EU — Application for international protection — Article 33(2) — Grounds of inadmissibility — Article 40 — Subsequent applications — Article 43 — Border procedures — Directive 2013/33/EU — Article 2(h) and Articles 8 and 9 — Detention — Whether lawful — Directive 2008/115/EU — Article 13 — Effective remedies — Article 15 — Detention — Whether lawful — Right to an effective remedy — Article 47 of the Charter of Fundamental Rights of the European Union — Principle of primacy of EU law
Requests for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-643/19 Resopre - Sociedade Revendedora de Aparelhos de Precisão v Município de Peso da Régua
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Directive 2014/24/EU – Public procurement – Directive 2014/23/EU – Services concessions – Absence of factual or legal material necessary to give a useful answer to the questions referred – Inadmissibility
Request for a preliminary ruling from the Tribunal Central Administrativo Norte
Language of the case: Portuguese
Case C-727/17 Syndyk Masy Upadłości ECO-WIND Construction v Samorządowe Kolegium Odwoławcze w Kielcach
Reference for a preliminary ruling — Directive (EU) 2015/1535 — Standards and technical regulations — Wind generators — Directive 2006/123/EC — Concept of ‘service’ — Environment — Directive 2009/28/EC — Promotion of the use of energy from renewable sources — Mandatory national overall targets — National rule on the authorisation procedures applicable to plants for the production of electricity from renewable energy sources – Proportionality — Legislation of a Member State laying down restrictions on the location of wind turbines
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Kielcach
Language of the case: Polish
Case C-535/18 IL and Others v Land Nordrhein-Westfalen
Reference for a preliminary ruling – Environment – Aarhus Convention – Directive 2011/92/EU – Assessment of the effects of certain projects on the environment – Public participation in the decision-making process – Irregularities vitiating the procedure for approval of a project – Access to justice – Limitations laid down by national law – Directive 2000/60/EC – EU action in the field of water policy – Deterioration of a body of groundwater – Arrangements for assessment – Right of individuals to take measures in order to prevent pollution – Standing to bring proceedings before the national courts
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-654/18 Interseroh v SAA Sonderabfallagentur
Reference for a preliminary ruling – Environment – Shipment of waste – Regulation (EC) No 1013/2006 – Prior written notification and consent procedure – General information requirements – Annex IIIA – Mixture of paper, paperboard and paper products – Code B3020 of Annex IX to the Basel Convention – Impurities – Mixture contaminated by other materials – Recovery in an environmentally sound manner
Request for a preliminary ruling from the Verwaltungsgericht Stuttgart
Language of the case: German
Case C-684/18 World Comm Trading Gfz v ANAF and Direcţia Generală Regională a Finanţelor Publice Ploieşti
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-796/18 Informatikgesellschaft für Software-Entwicklung v Stadt Köln
Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Article 2(1)(5) – Article 12(4) – Article 18(1) – Concept of ‘contract for pecuniary interest’ – Contract between two contracting authorities pursuing a common objective in the public interest – Transfer of software for the coordination of fire service operations – No financial consideration – Link with a cooperation agreement under which supplementary modules of that software are made mutually available free of charge – Principle of equal treatment – Prohibition on placing a private undertaking in a position of advantage vis-à-vis its competitors
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-309/19 P Asociación de fabricantes de morcilla de Burgos v Commission
Appeal — Article 73(1) of the Rules of Procedure of the General Court — Order of the General Court finding an action manifestly inadmissible for lack of a handwritten signature — Paper version of the application including a printed authenticated electronic signature
Language of the case: Spanish
Information (on unpublished decisions)
Case C-628/19 P Szegedi v Parliament
Appeal – European Parliament – Rules governing the payment of expenses and allowances to Members of the European Parliament – Parliamentary assistance allowances – Recovering sums unduly paid
Case C-251/19 P-OST Comprojecto-Projectos e Construçôes and Others v ECB
Article 155 of the Rules of Procedure of the Court of Justice — Omission to give a decision — None
Case C-607/18 P NKT Verwaltung and NKT v Commission
Appeal – Competition – Agreements, decisions and concerted practices – European market for underground and submarine power cables – Market allocation in connection with projects – Fines – Rights of the defence – Regulation (EC) No 1/2003 – Article 27(1) – Consistency between the statement of objections and the decision at issue – Access to the file – Single and continuous infringement – Burden of proof – Distortion of arguments and evidence
Case C-276/19 Commission v United Kingdom (VAT - Regime applicable to terminal markets)
Failure of a Member State to fulfil obligations — Common system of value added tax (VAT) — Directive 2006/112/EC — Derogations — Simplification measures and measures to prevent tax evasion or avoidance — Article 395(2) — Obligation incumbent on Member States to notify the European Commission of special measures intended to simplify the procedure for charging VAT — Substantial amendment of the measure initially notified
Case C-798/19 P Paix et justice pour les juifs séfarades en Israël v Commission and Council of Europe
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Institutional law – Actions for damages – Complaints with the European Commission and the European Court of Human Rights – Appeal manifestly inadmissible
Case C-709/18 Criminal proceedings against UL and VM
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice – Directive (EU) 2016/343 – Articles 3 and 4 – Charter of Fundamental Rights of the European Union – Articles 47 and 48 – Public references to guilt – National court – Acceptance by order of the guilty plea of one of two co-accused for the offences stated in the indictment – Examination of the guilt of the second co-accused who pleaded not guilty – Conviction by the same court which accepted the guilty plea
Case C-33/19 Commission v Bulgaria (Railway investigation body)
Failure of a Member State to fulfil obligations – Safety on the Community’s railways – Directive 2004/49/EC – Article 21(1) and (2) – Lack of adoption of the necessary provisions to ensure the organisational independence of the investigative body and its independent access to sufficient resources
Case C-153/19 FZ v DER Touristik
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Article 12 – Package tour – Long delay of a flight – Passenger compensation – Further compensation — Passenger’s right to a reduction of the price of the trip
Case C-757/19 ES v Wallonische Region (Registration of a vehicle of a non-resident company)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Article 49 TFEU – Freedom of establishment – Road traffic – Registration of motor vehicles – Driver resident in one Member State – Vehicle registered in another Member State – Vehicle made available to the managing partner of a commercial company established in that other Member State – Obligation permanently to have on board the vehicle evidence of the lawful use of that vehicle – Proportionality
Case C-803/19 TN v WWK Lebensversicherung auf Gegenseitigkeit and VP
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Direct life assurance – Directives 2002/83/EC and 2009/138/EC – Right of renunciation – Recovery of sums paid to the insurance company by way of a tax on insurance premiums – Procedures
Case C-17/20 MC v U.T.G. - Prefettura di Foggia
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Manifest inadmissibility – General principles of EU law – Right to good administration – Right of defence – Right to be heard – Measure adopted by the prefecture aimed at prohibiting an activity on account of alleged mafia infiltration – Legislation not providing for an adversarial administrative procedure
Case C-61/20 P Billa v EUIPO
Appeal – EU trade mark – Whether appeals may be allowed to proceed – Article 170b of the Rules of Procedure of the Court – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-74/20 P Hästens Sängar v EUIPO
Appeal – EU trade mark – Whether appeals may be allowed to proceed – Article 170b of the Rules of Procedure of the Court – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-101/20 P Currency One v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
June 2020
Case C-301/18 Leonhard v DSL-Bank
Reference for a preliminary ruling — Consumer protection — Directive 2002/65/EC — Distance loan agreement — Right of withdrawal — Consequences — Article 7(4) — Return of the services received — Payment of compensation for benefit of use — Supplier’s obligation — Precluded
Request for a preliminary ruling from the Landgericht Bonn
Language of the case: German
Case C-456/18 P Hungary v Commission
Appeal — State aid — Alleged aid — Decision to initiate the procedure provided for in Article 108(2) TFEU — Suspension injunction in respect of the measures at issue — Conditions governing the legality of the injunction
Language of the case: Hungarian
Case C-588/18 Fetico and Others v Grupo de Empresas DIA and Twins Alimentación
Reference for a preliminary ruling — Social policy — Protection of the safety and health of workers — Organisation of working time — Directive 2003/88/EC — Articles 5 and 7 — Weekly rest — Annual leave — Paid special leave permitting time off from work to meet specific needs and obligations
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
Case C-828/18 Trendsetteuse v DCA
Reference for a preliminary ruling – Self-employed commercial agents – Directive 86/653/EEC – Article 1(2) – Concept of ‘self-employed commercial agent’ – Negotiation of the sale or purchase of goods on behalf of the principal – Intermediary lacking the power to amend the conditions of sale and to change the prices of the goods he sells
Request for a preliminary ruling from the Tribunal de commerce de Paris
Language of the case: French
Case C-3/19 Asmel v ANAC
Reference for a preliminary ruling – Public procurement – Directive 2004/18/EC – Central purchasing bodies – Small municipalities – Restriction to only two organisational models for central purchasing bodies – Prohibition on using a central purchasing body governed by private law and involving the participation of private entities – Territorial restrictions on the activities of central purchasing bodies
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-41/19 FX v GZ (Opposing enforcement of a maintenance claim)
Reference for a preliminary ruling — Jurisdiction, recognition and enforcement of decisions in matters relating to maintenance obligations — Regulation (EC) No 4/2009 — Article 41(1) — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 24(5) — Maintenance order declared enforceable — Application opposing enforcement — Jurisdiction of the court of the Member State of enforcement
Request for a preliminary ruling from the Amtsgericht Köln
Language of the case: German
Case C-187/19 P EEAS v De Loecker
Appeal – Civil service – European External Action Service (EEAS) – Member of the temporary staff – Psychological harassment – Request for assistance – Rejection of the request – Action for annulment and damages – Article 41 of the Charter of Fundamental Rights of the European Union – Right to be heard – Article 266 TFEU – Compliance with the annulling judgment
Language of the case: French
Case C-429/19 Remondis v Abfallzweckverband
Reference for a preliminary ruling — Public procurement — Directive 2014/24/EU — Article 12(4) — Scope — Public contracts between entities within the public sector — Concept of ‘cooperation’ — Absence
Request for a preliminary ruling from the Oberlandesgericht Koblenz
Language of the case: German
Case C-430/19 C.F. v A.J.F.P.M. and D.G.R.F.P.C (Tax inspection)
Reference for a preliminary ruling — Principles of EU law — Observance of the rights of the defence — Tax procedure — Exercise of the right to deduct with regard to value added tax (VAT) — Refusal of the right to deduct on account of the allegedly improper conduct of the taxable person’s suppliers — Administrative act issued by the national tax authorities without giving the taxpayer access to the information and the documents on which the act was based — Suspicion of tax evasion — National practice pursuant to which exercise of the right to deduct is subject to the possession of supporting documents other than the tax invoice — Whether permissible
Request for a preliminary ruling from the Tribunalul Cluj
Language of the case: Romanian
Case C-495/19 Kancelaria Medius v RN
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC– Article 7(1) — Consumer credit — Review of whether the contractual terms are unfair — Failure of the consumer to appear at the hearing — Scope of the court’s powers and obligations
Request for a preliminary ruling from the Sąd Okręgowy w Poznaniu
Language of the case: Polish
Joined Cases C-262/18 P and C-271/18 P Commission and Slovak Republic v Dôvera zdravotná poistʼovňa
Appeal — State aid — Article 107(1) TFEU — Social security system — Health insurance bodies — Concepts of ‘undertaking’ and ‘economic activity’ — Social objective — Principle of solidarity — State supervision — Overall assessment — Possibility of seeking profits — Residual competition on quality and on health insurance services offered
Language of the case: English
Case C-581/18 RB v TÜV Rheinland LGA Products and Allianz IARD
Reference for a preliminary ruling — EU law — General principles — Article 18 TFEU — Prohibition of discrimination on grounds of nationality — Applicability of EU law — Defective breast implants — Insurance against civil liability arising from the production of medical devices — Insurance contract prescribing a geographical limitation on insurance coverage
Request for a preliminary ruling from the Oberlandesgericht Frankfurt am Main
Language of the case: German
Case C-634/18 Criminal proceedings against JI
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2004/757/JHA — Minimum provisions on the constituent elements of criminal acts and penalties involving illicit drug trafficking — Article 2(1)(c) — Article 4(2)(a) — Concept of ‘large quantities of drugs’ — Charter of Fundamental Rights of the European Union — Equal treatment — Articles 20 and 21 — Principle of legality of criminal offences and penalties — Article 49
Request for a preliminary ruling from the Sąd Rejonowy w Słupsku
Language of the case: Polish
Case C-786/18 ratiopharm v Novartis Consumer Health
Reference for a preliminary ruling – Protection of public health – Internal market – Medicinal products for human use – Directive 2001/83/EC – Advertising – Article 96 – Distribution of free samples of medicinal products to persons qualified to prescribe them – Pharmacists excluded from the distribution of free samples of medicinal products – Inapplicability to distribution of free samples of non-prescription medicinal products – Consequences for the Member States
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-833/18 SI and Brompton Bicycle v Chedech / Get2Get
Reference for a preliminary ruling — Intellectual and industrial property — Copyright and related rights — Directive 2001/29/EC — Articles 2 to 5 — Scope — Utilitarian object — Concept of ‘work’ — Copyright protection of works — Conditions — Shape of a product which is necessary to obtain a technical result — Folding bicycle
Request for a preliminary ruling from the tribunal de l'entreprise de Liège
Language of the case: French
Case C-19/19 Belgian State v Pantochim
Reference for a preliminary ruling — Mutual assistance for the recovery of claims — Directive 76/308/EEC — Article 6(2) and Article 10 — Directive 2008/55/EC — Second paragraph of Article 6 and Article 10 — Tax claim of requesting Member State recovered by requested Member State — Status of that claim — Concept of ‘privilege’ — Statutory set-off of that claim against tax debt of requested Member State
Request for a preliminary ruling from the Cour de cassation (Belgium)
Language of the case: French
Case C-43/19 Vodafone Portugal v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(c) — Scope — Taxable transactions — Services supplied for consideration — Monies paid where customers fail to comply with the contractual tie-in period — Characterisation
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa)
Language of the case: Portuguese
Case C-74/19 LE v Transportes Aéreos Portugueses
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 5(3) — Article 7(1) — Compensation to passengers in the event of denied boarding and of cancellation or long delay of flights — Exemption — Concept of ‘extraordinary circumstances’ — Unruly passengers — Possibility of relying on the occurrence of an extraordinary circumstance in respect of a flight not affected by that circumstance– Concept of ‘reasonable measures’
Request for a preliminary ruling from the Tribunal Judicial da Comarca de Lisboa - Juízo Local Cível de Lisboa – Juiz 18
Language of the case: Portuguese
Case C-88/19 Alianța pentru combaterea abuzurilor v TM and Others
Reference for a preliminary ruling – Conservation of natural habitats and of wild fauna and flora – Directive 92/43/EEC – Article 12(1) – System of strict protection for animal species – Annex IV – Canis lupus (wolf) – Article 16(1) – Natural range – Capture and transport of a specimen of a wild animal of the canis lupus species – Public safety
Request for a preliminary ruling from the Judecătoria Zărnești
Language of the case: Romanian
Case C-114/19 P Commission v Di Bernardo
Appeal — Civil service — Open competition — Non-admission to tests — Possible for the administration to supplement before the Court the statement of reasons for the decision not to admit — Conditions — Exceptional cases — Concept of ‘absence of a statement of reasons’
Language of the case: French
Case C-115/19 P China Construction Bank v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Opposition — Article 8(1)(b) — Likelihood of confusion — Assessment of the similarity of the signs at issue — Assessment of the distinctive character of the earlier mark
Language of the case: English
Case C-146/19 SCT v Slovenia
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Articles 90 and 273 — Taxable amount — Reduction — Refusal — Non-payment — Taxable person who did not lodge a claim in insolvency proceedings commenced against the debtor — Principles of fiscal neutrality and proportionality — Direct effect
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
Case C-206/19 KOB v Madonas novada pašvaldības Administratīvo aktu strīdu komisija
Reference for a preliminary ruling — Articles 49 and 63 TFEU — Freedom of establishment and the free movement of capital — Directive 2006/123/EC — Acquisition of agricultural land in Latvia for the purpose of use — System of prior authorisation for legal persons — Specific conditions applying only to legal persons controlled or represented by nationals of another Member State — Requirements for residence and knowledge of the official language of the Republic of Latvia — Direct discrimination on grounds of nationality
Request for a preliminary ruling from the Administratīvā rajona tiesa
Language of the case: Latvian
Case C-219/19 Parsec Fondazione v Ministero delle Infrastrutture e dei Trasporti and ANAC
Reference for a preliminary ruling — Public works contracts, public supply contracts and public service contracts — Directive 2014/24/EU — Procurement procedure for the award of a service contract — Architectural and engineering services — Article 19(1) and Article 80(2) — National legislation limiting participation solely to economic operators in certain legal forms
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-242/19 CHEP Equipment Pooling v ANAF - DGRFP Bucureşti - Serviciul Soluţionare Contestaţii and ANAF - DGRFP Bucureşti - Administraţia Fiscală pentru Contribuabili Nerezidenţi
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 17(2)(g) – Transfer of movable property within the European Union with a view to the supply of services – Articles 170 and 171 – Right to VAT refund of taxable persons not established in the Member State of refund – Directive 2008/9/EC – Concept of ‘taxable person not established in the Member State of refund’ – Taxable person not identified for VAT purposes in the Member State of refund
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
Case C-378/19 Proceedings brought by Prezident Slovenskej republiky
Reference for a preliminary ruling – Internal market for electricity – Directive 2009/72/EC – Article 35(4) and (5) – Independence of the regulatory authorities – National legislation transferring the power to appoint the chairperson of the national regulatory authority from the Head of State to the government – Participation of national ministries in the tariff regulation procedures
Request for a preliminary ruling from the Ústavný súd Slovenskej republiky
Language of the case: Slovak
Case C-448/19 WT v Subdelegación del Gobierno en Guadalajara
Reference for a preliminary ruling — Status of third-country nationals who are long-term residents — Directive 2003/109/EC — Article 12 — Adoption of a decision to expel a long-term resident — Elements to be taken into consideration — National case-law — Failure to take those elements into consideration — Compatibility — Directive 2001/40/EC — Mutual recognition of decisions on the expulsion of third-country nationals — Relevance
Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha
Language of the case: Spanish
Case C-472/19 Vert Marine v Premier ministre and Ministre de l'Économie et des Finances
Reference for a preliminary ruling — Concession contract award procedure — Directive 2014/23/EU — Article 38(9) — System of compliance measures to demonstrate the reliability of an economic operator affected by a ground for exclusion — National legislation prohibiting economic operators which are the subject of a ground for compulsory exclusion from participating, for a period of 5 years, in a concession contract award procedure — Impossible for such operators to demonstrate that compliance measures have been taken
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-78/18 Commission v Hungary (Transparency of association)
Failure of a Member State to fulfil obligations — Admissibility — Article 63 TFEU — Free movement of capital — Existence of a restriction — Burden of proof — Indirect discrimination linked to the origin of the capital — Article 12 of the Charter of Fundamental Rights of the European Union — Right to freedom of association — National rules imposing on associations receiving financial support sent from other Member States or from third countries legally binding obligations of registration, declaration and publication which can be enforced — Article 7 of the Charter of Fundamental Rights — Right to respect for private life — Article 8(1) of the Charter of Fundamental Rights — Right to the protection of personal data — National rules imposing the disclosure of information on persons providing financial support to associations and of the amount of that support — Justification — Overriding reason in the public interest — Transparency of the financing of associations — Article 65 TFEU — Public policy — Public security — Fight against money laundering, financing of terrorism and organised crime — Article 52(1) of the Charter of Fundamental Rights
Language of the case: Hungarian
Case C-276/18 KrakVet Marek Batko v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 33 — Determination of the place where taxable transactions are carried out — Supply of goods with transport — Supply of goods dispatched or transported by or on behalf of the supplier — Regulation (EU) No 904/2010 — Articles 7, 13 and 28 to 30 — Cooperation between the Member States — Exchange of information
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-639/18 KH v Sparkasse Südholstein
Reference for a preliminary ruling — Consumer protection — Distance marketing of financial services — Directive 2002/65/EC — Article 1 — Scope — Contracts concerning financial services consisting of an initial agreement followed by successive operations — Application of Directive 2002/65/EC to the first agreement alone — Article 2(a) — Concept of ‘contract concerning financial services’ — Amendment to a loan agreement altering the interest rate initially set
Request for a preliminary ruling from the Landgericht Kiel
Language of the case: German
Case C-702/18 P Primart v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Application for EU figurative mark PRIMART Marek Łukasiewicz — Earlier national trade mark PRIMA — Article 8(1)(b) — Relative ground for refusal — Likelihood of confusion — Article 76(1) — Scope of review by the General Court of the European Union
Language of the case: English
Case C-754/18 Ryanair Designated Activity Company v Országos Rendőr-főkapitányság
Reference for a preliminary ruling — Citizenship of the European Union — Directive 2004/38/CE — Articles 5, 10 and 20 — Right of entry to a Member State of a third-country national who is a member of the family of an EU citizen — Evidence of holding such a right — Possession of a residence card of a family member of a Union citizen — Possession of a permanent residence card
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-831/18 P Commission v RQ
Appeal – Civil service – Officials – Director-General of the European Anti-Fraud Office (OLAF) – Immunity from legal proceedings – Decision waiving immunity – Act adversely affecting a person – Rights of the defence
Language of the case: French
Case C-328/19 Proceedings brought by Porin kaupunki
Reference for a preliminary ruling – Public procurement – Directive 2004/18/EC – Article 1(2)(a) – Public procurement in the field of transport services – Cooperation agreement between municipalities regarding the organisation and provision of social and healthcare services based on the model of the ‘responsible municipality’ under Finnish law – Transfer of responsibility for the organisation of services to one of the municipalities in the area covered by the cooperation concerned – ‘In-house’ contract – Award of services to a company wholly owned by the responsible municipality without a call for competition
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-340/19 Valsts ieņēmumu dienests v Hydro Energo
Reference for a preliminary ruling — Common Customs Tariff — Combined Nomenclature — Tariff classification — Tariff heading 7407 — Copper bars, rods and profiles — Hot-rolled copper or copper alloy ingots in a rectangular shape
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
Case C-92/18 France v Parliament (Exercise of budgetary powers II)
Action for annulment — Law of the institutions — Protocol on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union — European Parliament — Concept of ‘budgetary session’ held in Strasbourg (France) — Article 314 TFEU — Exercise of budgetary powers during an additional plenary part-session held in Brussels (Belgium)
Language of the case: French
Case C-570/18 P HF v Parliament
Appeal — Civil service — European Parliament — Member of contract staff — Articles 12a and 24 of the Staff Regulations of Officials of the European Union — Psychological harassment — Request for assistance — Right to be heard — Rejection of a request for assistance — Article 41 of the Charter of Fundamental Rights of the European Union — Scope of judicial review
Language of the case: French
Case C-730/18 P SC v Eulex Kosovo
Appeal — Arbitration clause — Staff of EU international missions — Internal competition — Non-renewal of a contract of employment — Measure separable from the contract
Language of the case: English
Joined Cases C-762/18 and C-37/19 QH v Varhoven kasatsionen sad na Republika Bulgaria and CV v Iccrea Banca
References for a preliminary ruling – Social policy – Protection of the safety and health of workers – Directive 2003/88/EC – Article 7 – Worker unlawfully dismissed then reinstated in his or her employment by decision of a court – Exclusion of any right to paid annual leave not taken for the period between the dismissal and the reinstatement – No right to financial compensation in lieu of annual leave not taken for that period where the employment relationship subsequently ceases
Requests for a preliminary ruling from the Rayonen sad Haskovo and Corte suprema di cassazione
Languages of the case: Bulgarian and Italian
Case C-14/19 P CSUE v KF
Appeal — Staff of the European Union Satellite Centre (SatCen) — Member of SatCen’s contract staff — Complaints of psychological harassment — Administrative investigation — Request for assistance — Suspension of the staff member — Disciplinary proceedings — Removal of the staff member — SatCen’s Appeals Board — Conferral of exclusive jurisdiction in relation to SatCen staff disputes — Action for annulment — First and fifth paragraphs of Article 263 TFEU — Actions for damages — Article 268 TFEU — Jurisdiction of the EU judicature — Admissibility — Acts open to challenge — Contractual nature of the dispute — Articles 272 and 274 TFEU — Effective judicial protection — Final sentence of the second subparagraph of Article 24(1) TEU — First paragraph of Article 275 TFEU — Principle of equal treatment — General Court’s obligation to state reasons — Distortion of the facts and evidence — Rights of the defence — Principle of sound administration
Language of the case: English
Case C-24/19 A and Others v Gewestelijke stedenbouwkundige ambtenaar van het departement Ruimte Vlaanderen, afdeling Oost-Vlaanderen (Wind turbines at Aalter and Nevele)
Reference for a preliminary ruling — Directive 2001/42/EC — Environmental impact assessment — Development consent for the installation of wind turbines — Article 2(a) — Concept of ‘plans and programmes’ — Conditions for granting consent laid down by an order and a circular — Article 3(2)(a) — National instruments setting the framework for future development consent of projects — Absence of environmental assessment — Maintenance of the effects of national instruments, and consents granted on the basis of those instruments, after those instruments have been declared not to comply with EU law — Conditions
Request for a preliminary ruling from the Raad voor Vergunningsbetwistingen
Language of the case: Dutch
Case C-380/19 Bundesverband der Verbraucherzentralen und Verbraucherverbände v Deutsche Apotheker- und Ärztebank
Reference for a preliminary ruling — Consumer protection — Directive 2013/11/EU — Alternative dispute resolution — Article 13(1) and (2) — Mandatory information — Accessibility of information
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-36/20 PPU Ministerio Fiscal v VL (Authority likely to receive an application for international protection)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Asylum and immigration policy – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 6 – Access to the procedure – Application for international protection made to an authority competent under national law to register such applications – Application made to other authorities that are likely to receive such applications but are not, under national law, competent to register them – Definition of ‘other authorities’ – Article 26 – Detention – Standards for the reception of applicants for international protection – Directive 2013/33/EU – Article 8 – Detention of the applicant – Grounds for detention – Decision to hold an applicant in detention on account of a lack of capacity at humanitarian reception centres
Request for a preliminary ruling from the Juzgado de Instrucción de San Bartolomé de Tirajana
Language of the case: Spanish
Information (on unpublished decisions)
Case C-118/18 P-REV III Hochmann Marketing v EUIPO
Application for revision – Article 159 of the Rules of Procedure of the Court – Application relating to an order made pursuant to Article 181 of the Rules of Procedure – Conditions – No unknown earlier facts – Inadmissibility
Case C-812/18 P Terna v Commission
Appeal – Energy – Projects of common interest to the EU – EU financial assistance granted to two projects in the field of trans-European energy networks – Directive 2004/17/EC – Article 37 – Subcontracting – Article 40(3)(c) – Direct award – Technical specificity – Framework agreement – Reduction of the assistance originally granted following a financial audit – Reimbursement of amounts originally paid
Case C-310/19 P Schokker v EASA
Appeal – Civil service – Contract staff – Recruitment procedure – Classification in grade – Conditions of Employment of Other Servants – Article 86 – European Union Aviation Safety Agency (EASA) – General implementing provisions – Challenge of the proposed classification – Withdrawal of the offer of employment – Action for compensation – Principle of sound administration – Duty to have regard for the welfare of staff – Breach of administrative duty – Non-contractual liability of the European Union – Non-material damage – Compensation
Case C-554/19 Criminal proceedings against FU
Reference for a preliminary ruling – Area of freedom, security and justice – Regulation (EU) 2016/399 – Schengen borders code – Articles 22 and 23 – Abolition of internal border controls in the Schengen area – Checks within the territory of a Member State – Measures having an effect equivalent to border checks – Identity checks in the vicinity of an internal border of the Schengen area – Possibilities of checks irrespective of the behaviour of the person concerned or of the existence of specific circumstances – National framework concerning the intensity, frequency and selectivity of the checks
Case C-32/20 TJ v Balga
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 30 of the Charter of Fundamental Rights of the European Union – Protection in the event of unjustified dismissal – Articles 20, 21, 34 and 47 of the Charter of Fundamental Rights of the European Union – Directive 98/59/EC – Collective dismissal – National legislation on the protection to be granted to a worker who is the victim of unjustified collective dismissal due to infringement of the criteria for the choice of workers to be dismissed – No situation of implementation of EU law, within the meaning of Article 51(1) of the Charter of Fundamental Rights of the European Union – Inapplicability of the Charter of Fundamental Rights – Manifest lack of jurisdiction
Case C-72/20 P Refan Bulgaria v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-97/20 P Société des produits Nestlé v Amigüitos pets & life and EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-183/17 P-INT International Management Group v Commission
Application for interpretation – Manifest inadmissibility
Case C-693/17 P-DEP Ferrero v BMB
Taxation of costs
Case C-575/19 P GMPO v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Service of the judgment under appeal by means of e-Curia – Appeal lodged out of time – Extension of the time limit – Precluded – Appeal manifestly inadmissible
Case C-634/19 P CJ v Court of Justice of the European Union
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for failure to act – Article 265 TFEU – Law governing the institutions – Documents available to the public on the internet relating to closed General Court of the European Union and European Union Civil Service Tribunal cases – Request for anonymity ex post – Failure by the Court of Justice of the European Union to reply before the action was brought at first instance – Position adopted in the course of the proceedings – Action which has become devoid of purpose – No need to adjudicate – Appeal manifestly unfounded
Case C-142/19 P Dovgan v EUIPO
Appeal – EU trade mark – Invalidity proceedings – Application for a declaration of invalidity of EU word mark PLOMBIR – Rejection of the application for a declaration of invalidity – Obligation to state reasons – Distortion of facts and evidence
Case C-729/18 P VTB Bank v Council
Appeal – Restrictive measures adopted in view of the Russian Federation’s actions destabilising the situation in Ukraine – Inclusion of the appellant’s name on the list of entities to which restrictive measures apply – Principle of proportionality – Right to property – Right to carry on an economic activity
Case C-731/18 P Vnesheconombank v Council
Appeal – Restrictive measures adopted in view of the Russian Federation’s actions destabilising the situation in Ukraine – Appellant’s name included and retained in the list of entities to which the restrictive measures apply – Obligation to state reasons – Manifest error of assessment – Right to effective judicial protection – Misuse of power – Right to property – Equal treatment
Case C-116/19 P Schneider v EUIPO
Appeal – Civil service – Temporary staff – Internal reorganisation of the services of the European Union Intellectual Property Office (EUIPO) – Reassignment – Legal basis – Article 7 of the Staff Regulations of Officials of the European Union – Interests of the service – Substantial changes in tasks – Qualification – Transfer – Change – Misuse of power – Right to be heard – Obligation to state reasons – Right to a fair hearing – Right to effective judicial protection – Article 47 of the Charter of Fundamental Rights of the European Union
Case C-131/19 P Commission v CX
Appeal – Civil service – Disciplinary proceedings – Rights of defence – Right to be heard – Annex IX of the Staff Regulations of Officials of the European Union – Article 4 – Opportunity for the official who cannot be heard to comment in writing or to be represented – Article 22 – Hearing of the official by the Appointing Authority prior to the adoption of the disciplinary penalty – Alleged inability of the official to be heard and to make written submissions or to be represented – Assessment of the medical evidence – Failure of the General Court of the European Union to reply to arguments raised at first instance
Case C-618/19 Ge.Fi.L. v Regione Campania
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Public contracts – Directive 2014/24/EU – Article 12(4) – Awarding of contract to a non-economic public institution without being put out to competition – Public service contract relating to the management of the tax on vehicles – Exclusion of contracts covered by cooperation between public bodies – Conditions
Case C-723/19 Airbnb Ireland and Airbnb Payments UK v Agenzia delle Entrate
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Letting of immovable property for periods of less than thirty days – Online property rental platform – Manifest inadmissibility
July 2020
Case C-835/18 Terracult v Direcţia Generală Regională a Finanţelor Publice Timişoara –Administraţia Judeţeană a Finanţelor Publice Arad – Serviciul Inspecţie Fiscală Persoane Juridice 5 and ANAF Direcţia Generală Regională a Finanţelor Publice Timişoara Serviciul de Soluţionare a Contestaţiilor
Reference for a preliminary ruling — Taxation — Common system of value added tax (VAT) — Directive 2006/112/EC — Invoice correction — Tax invoiced incorrectly — Refund of tax paid but not due — Reverse charge mechanism for VAT — Transactions relating to a tax period that has already been the subject of a tax inspection — Fiscal neutrality — Principle of effectiveness — Proportionality
Request for a preliminary ruling from the Curtea de Apel Timişoara
Language of the case: Romanian
Case C-18/19 WM v Stadt Frankfurt am Main
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures in Member States for returning illegally staying third-country nationals — Conditions of detention — Article 16(1) — Detention in prison accommodation for the purpose of removal — Third-country national who poses a serious threat to public policy or public security
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-215/19 Proceedings brought by Veronsaajien oikeudenvalvontayksikkö (Colocation centre services)
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Supply of services – Article 135(1)(l) – Exemption from VAT – Letting of immovable property – Concept of ‘immovable property’ – Exclusion – Article 47 – Place of taxable transactions – Supply of services connected with immovable property – Implementing Regulation (EU) No 282/2011 – Articles 13b and 31a – IT equipment cabinets – Colocation centre services
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-231/19 Blackrock Investment Management (UK) v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Exemptions — Article 135(1)(g) — Exemption of transactions for the management of special investment funds — Single supply used for the management of special investment funds and for other funds
Request for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
Case C-256/19 S.A.D. Maler und Anstreicher v Magistrat der Stadt Wien and Bauarbeiter Urlaubs- und Abfertigungskasse
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court – Second subparagraph of Article 19(1) TEU – Effective judicial protection in the areas covered by EU law – Principle of judicial independence – Article 47 of the Charter of Fundamental Rights of the European Union – Jurisdiction of the Court – Article 267 TFEU – Admissibility – National provisions relating to the allocation of cases in a court or tribunal – Remedy – Interpretation necessary to enable the referring court to give judgment – Manifest inadmissibility
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
Case C-477/19 IE v Magistrat der Stadt Wien (Grand hamster)
Reference for a preliminary ruling — Conservation of natural habitats and of wild fauna and flora — Directive 92/43/EEC — Article 12(1) — System of strict protection for animal species — Annex IV — Cricetus cricetus (European hamster) — Resting places and breeding sites — Deterioration or destruction — Areas which have been abandoned
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
Case C-684/19 mk advokaten v MBK Rechtsanwälte
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 5(1) — Use in the course of trade of a sign that is identical with or similar to another person’s trade mark for goods or services that are identical with or similar to those for which that mark is registered — Scope of the term ‘using’ — Advertisement placed on a website by order of a person operating in the course of trade and subsequently reproduced on other websites
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-452/18 XZ v Ibercaja Banco
Reference for a preliminary ruling — Consumer Protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Mortgage loan agreement — Term limiting the variability of the interest rate (‘floor’ term) — Novation agreement — Waiver of the right to bring an action contesting the terms of a contract — Non-binding
Request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción no 3 de Teruel
Language of the case: Spanish
Case C-575/18 P Czech Republic v Commission
Appeal — Own resources of the European Union — Financial liability of the Member States — Request to be released from the obligation to make own resources available — Action for annulment — Admissibility — Letter from the European Commission – Concept of ‘actionable measure’ — Article 47 of the Charter of Fundamental Rights of the European Union — Effective judicial protection — Action alleging unjust enrichment on the part of the European Union
Language of the case: Czech
Case C-673/18 Santen v Directeur général de l’Institut national de la propriété industrielle
Reference for a preliminary ruling — Medicinal product for human use — Supplementary protection certificate for medicinal products — Regulation (EC) No 469/2009 — Article 3(d) — Conditions for the grant of a certificate — Obtaining the first authorisation to place the product on the market as a medicinal product — Authorisation to place on the market a new therapeutic application of a known active ingredient
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
Joined Cases C-698/18 and C-699/18 Raiffeisen Bank and BRD Groupe Societé Générale v JB and KC
Reference for a preliminary ruling — Directive 93/13/EEC — Personal loan agreement — Contract performed in full — Finding that contractual terms are unfair — Action for reimbursement of sums unduly paid on the basis of an unfair clause — Judicial arrangements — Ordinary legal action not subject to any limitation period — Ordinary legal action of a personal and pecuniary nature subject to a limitation period– Point from which the limitation period starts to run — Objective point in time at which the consumer knows of the existence of the unfair term
Requests for a preliminary ruling from the Tribunalul Specializat Mureş
Language of the case: Romanian
Case C-716/18 CT v AJFP Caraş-Severin and DGRFP Timişoara
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Point 4 of the first paragraph of Article 288 – Special scheme for small enterprises – Method of calculating annual turnover which serves as a reference for the application of the special scheme for small enterprises – Concept of ‘incidental real estate transaction’ – Letting of immovable property by a natural person who exercises several liberal professions
Request for a preliminary ruling from the Curtea de Apel Timişoara
Language of the case: Romanian
Case C-76/19 Direktor na Teritorialna direktsiya Yugozapadna Agentsiya 'Mitnitsi' v Curtis Balkan
Reference for a preliminary ruling — Customs union — Community Customs Code — Article 32(1)(c) — Regulation (EEC) No 2454/93 — Article 157(2), Article 158(3), and Article 160 — Determining the customs value — Adjustment — Royalties relating to the goods being valued — Royalties constituting a ‘condition of sale’ of the goods being valued — Royalties paid by the buyer to its parent company for the supply of the know-how required for the manufacture of the finished products — Goods purchased from third parties, which constitute components to be incorporated in the licensed products
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-81/19 NG and OH v Banca Transilvania
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Scope — Article 1(2) — Definition of ‘mandatory statutory or regulatory provisions’ — Supplementary provisions — Loan agreement denominated in a foreign currency — Term relating to the foreign exchange risk
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
Case C-86/19 SL v Vueling Airlines (Compensation in the event of loss of baggage)
Reference for a preliminary ruling — Air transport — Montreal Convention — Article 17(2) — Liability of air carriers in respect of checked baggage — Fact of loss of checked baggage established — Right to compensation — Article 22(2) — Limits of liability in the event of destruction, loss and delay of, or of damage to, baggage — Absence of information regarding the lost baggage — Burden of proof — Procedural autonomy of the Member States — Principles of equivalence and effectiveness
Request for a preliminary ruling from the Juzgado de lo Mercantil
Language of the case: Spanish
Case C-104/19 Donex Shipping and Forwarding v Staatssecretaris van Financiën
Reference for a preliminary ruling – Common commercial policy – Dumping – Anti-dumping duty imposed on imports of certain iron or steel fasteners originating in the People’s Republic of China – Regulation (EC) No 91/2009 – Validity – Regulation (EC) No 384/96 – Article 2(10) and (11) – Rights of the defence
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-199/19 RL v J.M. (Directive combating late payment)
Reference for a preliminary ruling – Combating late payment in commercial transactions – Directive 2011/7/EU – Concept of ‘commercial transaction’ – Provision of services – Article 2(1) – Lease or rental agreement – Periodic payments – Payment schedule providing for instalments – Article 5 – Scope
Request for a preliminary ruling from the Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi
Language of the case: Polish
Case C-241/19 P Haswani v Council
Language of the case: French
Case C-257/19 Commission v Ireland (Maritime investigative body)
Failure of a Member State to fulfil obligations — Principles governing the investigation of accidents in the maritime transport sector — Directive 2009/18/EC — Article 8(1) — Parties whose interests could conflict with the task entrusted to the investigative body — Members of the investigative body simultaneously performing other functions — Failure to provide for an independent investigative body
Language of the case: English
Case C-264/19 Constantin Film Verleih v YouTube and Google
Reference for a preliminary ruling — Copyright and related rights — Internet video platform — Uploading of a film without the consent of the rightholder — Proceedings concerning an infringement of an intellectual property right — Directive 2004/48/EC — Article 8 — Applicant’s right of information — Article 8(2)(a) — Definition of ‘addresses’ — Email address, IP address and telephone number — Not included
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-272/19 VQ v Land Hessen
Reference for a preliminary ruling — Article 267 TFEU — Concept of ‘court or tribunal’ — Protection of natural persons with regard to the processing of personal data — Regulation (EU) 2016/679 — Scope — Article 2(2)(a) — Meaning of ‘activity which falls outside the scope of Union law’ — Article 4(7) — Concept of ‘controller’ — Petitions Committee of the parliament of a Federated State of a Member State — Article 15 — Right of access by the data subject
Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden
Language of the case: German
Case C-297/19 Naturschutzbund Deutschland - Landesverband Schleswig-Holstein v Kreis Nordfriesland
Reference for a preliminary ruling — Environment — Environmental liability — Directive 2004/35/EC — Second indent of the third paragraph of Annex I — Damage not having to be classified as ‘significant damage’ — Concept of ‘normal management of sites, as defined in habitat records or target documents or as carried on previously by owners or operators’ — Article 2(7) — Concept of ‘occupational activity’ — Activity carried out in the public interest pursuant to a statutory assignment of tasks — Whether or not included
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-343/19 Verein für Konsumenteninformation v Volkswagen
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Point 2 of Article 7 — Jurisdiction in matters relating to tort, delict or quasi-delict — Place where the harmful event occurred — Place where the damage occurred — Manipulation of data relating to the emission of exhaust gases from engines produced by a motor vehicle manufacturer
Request for a preliminary ruling from the Landesgericht Klagenfurt
Language of the case: German
Case C-374/19 HF v Finanzamt Bad Neuenahr-Ahrweiler
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Adjustment of deductions — Variation in the deduction entitlement — Capital goods used for both taxed and exempt transactions — Cessation of the activity giving rise to the right of deduction — Remaining use solely for exempt transactions
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-391/19 Unipack v Direktor na Teritorialna direktsiya 'Dunavska' kam Agentsiya 'Mitnitsi' and Prokuror ot Varhovna administrativna prokuratura na Republika Bulgaria
Reference for a preliminary ruling – Customs union – Union Customs Code – Delegated Regulation (EU) 2015/2446 – Article 172(2) – Authorisation to use the end-use procedure – Retroactive effect – Concept of ‘exceptional circumstances’ – Amendment of the tariff classification – Expiry of validity of a decision relating to binding tariff information
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-378/16 P Inclusion Alliance for Europe v Commission
Appeal — Arbitration clause — Grant agreements concluded in the context of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) and of the Competitiveness and Innovation Framework Programme (2007-2013) — MARE, Senior and ECRN projects — Commission decision to recover sums unduly paid — Jurisdiction of the EU judicature
Language of the case: Italian
Case C-517/17 Addis v Bundesrepublik Deutschland
Reference for a preliminary ruling — Area of freedom, security and justice — Asylum policy — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Articles 14 and 34 — Obligation to give applicants for international protection the opportunity of a personal interview before the adoption of a decision declaring the application to be inadmissible — Failure to comply with that obligation in the procedure at first instance — Consequences
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-584/17 P ADR Center v Commission
Appeal — Arbitration clause — Grant agreements concluded in the context of the Specific Programme ‘Civil Justice’ for the period 2007-2013 — Audit reports questioning the eligibility of certain costs — European Commission decision to recover unduly paid sums — Article 299 TFEU — Power of the Commission to adopt an enforceable decision within contractual relationships — Jurisdiction of the EU judicature — Effective judicial protection
Language of the case: English
Case C-311/18 Data Protection Commissioner v Facebook Ireland and Schrems
Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Charter of Fundamental Rights of the European Union — Articles 7, 8 and 47 — Regulation (EU) 2016/679 — Article 2(2) — Scope — Transfers of personal data to third countries for commercial purposes — Article 45 — Commission adequacy decision — Article 46 — Transfers subject to appropriate safeguards — Article 58 — Powers of the supervisory authorities — Processing of the data transferred by the public authorities of a third country for national security purposes — Assessment of the adequacy of the level of protection in the third country — Decision 2010/87/EU — Protective standard clauses on the transfer of personal data to third countries — Suitable safeguards provided by the data controller — Validity — Implementing Decision (EU) 2016/1250 — Adequacy of the protection provided by the EU-US Privacy Shield — Validity — Complaint by a natural person whose data was transferred from the European Union to the United States
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Case C-549/18 Commission v Romania (Anti-money laundering)
Failure of a Member State to fulfil obligations — Article 258 TFEU — Prevention of the use of the financial system for the purposes of money laundering or terrorist financing — Directive (EU) 2015/849 — Failure to transpose and/or to notify transposition measures — Article 260(3) TFEU — Application for an order to pay a lump sum
Language of the case: Romanian
Case C-550/18 Commission v Ireland (Anti-money laundering)
Failure of a Member State to fulfil obligations — Article 258 TFEU — Prevention of the use of the financial system for the purposes of money laundering or terrorist financing — Directive (EU) 2015/849 — Failure to transpose and/or to notify transposition measures — Article 260(3) TFEU — Application for an order to pay a lump sum
Language of the case: English
Case C-606/18 P Nexans France and Nexans v Commission
Appeal — Competition — Cartels — European market for submarine and underground power cables — Market allocation in connection with projects — Regulation (EC) No 1/2003 — Article 20 — European Commission’s powers of inspection in cartel proceedings — Power to copy data without a prior examination and to examine the data subsequently at the Commission’s premises — Fines — Unlimited jurisdiction
Language of the case: English
Case C-610/18 AFMB v Raad van bestuur van de Sociale verzekeringsbank
Reference for a preliminary ruling — Migrant workers — Social security — Legislation applicable — Regulation (EEC) No 1408/71 — Article 14(2)(a) — Concept of ‘person who is a member of the travelling personnel of an undertaking’ — Regulation (EC) No 883/2004 — Article 13(1)(b) — Concept of ‘employer’ — Long-distance lorry drivers normally employed in one or more Member States or States of the European Free Trade Association (EFTA) — Long‑distance lorry drivers who have entered into an employment contract with one undertaking but are in fact subject to the authority of another undertaking established in the Member State where those drivers reside — Determination of which undertaking is the ‘employer’
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
Case C-658/18 UX v Governo della Repubblica italiana (Status of Italian magistrates)
Reference for a preliminary ruling — Admissibility — Article 267 TFEU — Definition of ‘court or tribunal of a Member State’ — Criteria — Social policy — Directive 2003/88/EC — Scope — Article 7 — Paid annual leave — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clauses 2 and 3 — Concept of ‘fixed-term worker’ — Magistrates and ordinary judges — Difference in treatment — Clause 4 — Principle of non-discrimination — Concept of ‘objective grounds’
Request for a preliminary ruling from the Giudice di pace di Bologna
Language of the case: Italian
Case C-686/18 OC e.a. and Others v Banca d'Italia and Others
Reference for a preliminary ruling — Admissibility — Article 63 et seq. TFEU — Free movement of capital — Article 107 et seq. TFEU — State aid — Articles 16 and 17 of the Charter of Fundamental Rights of the European Union — Freedom to conduct a business — Right to property — Regulation (EU) No 575/2013 — Prudential requirements applicable to credit institutions and investment firms — Article 29 — Regulation (EU) No 1024/2013 — Article 6(4) — Prudential supervision of credit institutions — Conferral of specific tasks on the European Central Bank (ECB) — Delegated Regulation (EU) No 241/2014 — Regulatory technical standards for Own Funds requirements for institutions — National regulation imposing an asset threshold on people’s banks established as cooperative societies and allowing the right to redeem shares by the withdrawing shareholder to be limited
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-714/18 P ACTC v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Application for registration of EU word mark tigha — Opposition filed by the proprietor of the earlier EU trade mark TAIGA — Partial dismissal of the application for registration — Article 8(1)(b) — Assessment of the likelihood of confusion — Assessment of the conceptual similarity of the signs at issue — Article 42(2) — Proof of genuine use of the earlier mark — Proof of use ‘in relation to part … of the goods or services’ — Determination of an independent subcategory of goods
Language of the case: English
Case C-771/18 Commission v Hungary (Charges for access to electricity and natural gas transmission networks)
Language of the case: Hungarian
Case C-73/19 Belgische Staat and Directeur-Generaal van de Algemene Directie Controle en Bemiddeling van de FOD Economie, K.M.O., Middenstand en Energie v Movic and Others
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 1(1) — Scope — Concept of ‘civil and commercial matters’ — Action for the cessation of unfair commercial practices brought by a public authority to protect the interests of consumers
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
Case C-80/19 Proceedings brought by E. E. (Jurisdiction and law applicable to succession)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 650/2012 – Scope – Definition of ‘succession with cross-border implications’ – Definition of ‘habitual residence of the deceased’ – Article 3(2) – Definition of ‘court’ – Whether notaries are subject to the rules of international jurisdiction – Article 3(1)(g) and (i) – Definitions of ‘decision’ and ‘authentic instrument’ – Articles 5, 7 and 22 – Agreement on the choice of court and the law applicable to the succession – Article 83(2) and (4) – Transitional provisions
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-97/19 Pfeifer & Langen v Hauptzollamt Köln
Reference for a preliminary ruling — Customs Code — Customs declarations — Article 78 of that code — Revision of the customs declaration — Name of the declarant — Amendment of information relating to the identity of the declarant seeking to show that there is a relationship of indirect representation — Indirect representation of the person who has obtained an import licence
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C-129/19 Presidenza del Consiglio dei Ministri v BV
Reference for a preliminary ruling — Directive 2004/80/EC — Article 12(2) — National schemes on compensation to victims of violent intentional crime guaranteeing fair and appropriate compensation — Scope — Victim residing in the Member State in which the violent intentional crime was committed — Obligation for the national compensation scheme to cover that victim — Concept of ‘fair and appropriate compensation’ — Liability of Member States in the event of a breach of EU law
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Joined Cases C-133/19, C-136/19 and C-137/19 B. M. M. and Others v État belge (Family reunification – Minor child)
Reference for a preliminary ruling — Area of freedom, security and justice — Immigration policy — Right to family reunification — Directive 2003/86/EC — Article 4(1) — Concept of a ‘minor child’ — Article 24(2) of the Charter of Fundamental Rights of the European Union — Best interests of the child — Article 47 of the Charter of Fundamental Rights — Right to an effective remedy — Children of the sponsor who have reached majority during the decision-making procedure or court proceedings against the decision refusing the family reunification application
Requests for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
Joined Cases C-224/19 and C-259/19 CY and Others v Caixabank and Banco Bilbao Vizcaya Argentaria
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Articles 6 and 7 – Consumer contracts – Mortgage loans – Unfair terms – Term charging all of the costs of creating and cancelling a mortgage to the borrower – Effects of a declaration that those terms are void – Powers of the national court when dealing with a term considered to be ‘unfair’ – Award of costs – Application of national supplementary provisions – Article 3(1) – Assessment of the unfairness of contractual terms – Article 4(2) – Exclusion of terms relating to the main subject matter of the contract or the adequacy of the price and the remuneration – Condition – Article 5 – Obligation to draft contractual terms in plain, intelligible language – Costs – Limitation – Principle of effectiveness
Requests for a preliminary ruling from the Juzgado de Primera Instancia n° 17 de Palma de Mallorca and Juzgado de Primera Instancia e Instrucción de Ceuta
Language of the case: Spanish
Case C-249/19 JE v KF (Law applicable to divorce)
Reference for a preliminary ruling — Regulation (EU) No 1259/2010 — Enhanced cooperation in the area of the law applicable to divorce and legal separation — Uniform rules — Article 10 — Application of the law of the forum
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
Case C-253/19 MH and NI v OJ and Novo Banco
Reference for a preliminary ruling — Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EU) 2015/848 — Article 3 — International jurisdiction — Centre of a debtor’s main interests — Individual not exercising an independent business or professional activity — Rebuttable presumption that the centre of that person’s main interests is his or her habitual residence — Rebuttal of the presumption — Situation in which the debtor’s sole immovable asset is located outside the Member State of habitual residence
Request for a preliminary ruling from the Tribunal da Relação de Guimarães
Language of the case: Portuguese
Case C-411/19 WWF Italia Onlus and Others v Presidenza del Consiglio dei Ministri and ANAS
Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Article 6 – Conservation of natural habitats and of wild fauna and flora – Special areas of conservation – Construction of a section of road – Assessment of the implications of that project for the special area of conservation concerned – Authorisation – Imperative reasons of overriding public interest
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-424/19 Cabinet de avocat UR v Administraţia Sector 3 a Finanţelor Publice prin Direcţia Generală Regională a Finanţelor Publice Bucureşti and Others (VAT liability of lawyers)
Reference for a preliminary ruling — Directive 2006/112/EC — Value added tax (VAT) — Article 9(1) — Concept of ‘taxable person’ — Person practising the profession of lawyer — Final judicial decision — Principle of res judicata — Scope of that principle if that decision is incompatible with EU law
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-496/19 Antonio Capaldo v Agenzia delle dogane e dei monopoli
Reference for a preliminary ruling — Customs Union — Community Customs Code — Regulation (EEC) No 2913/92 — Examination of goods — Application for revision of a customs declaration — Post-clearance examination
Request for a preliminary ruling from the Commissione tributaria regionale della Campania
Language of the case: Italian
Case C-686/19 Soho Group v Patērētāju tiesību aizsardzības centrs
Reference for a preliminary ruling – Consumer protection – Credit agreements for consumers – Directive 2008/48/EC – Concept of ‘total cost of the credit to the consumer’ – Costs for extending the credit
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
Case C-883/19 P HSBC Holdings and Others v Commission
Appeal – Intervention – Statute of the Court of Justice of the European Union – Article 40 – Interest in the result of the case
Language of the case: English
Information (on unpublished decisions)
Case C-853/19 IM v STING Reality
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice – Consumer protection – Directive 2005/29/EC – Unfair business-to-consumer commercial practices – Articles 8 and 9 – Aggressive commercial practices – Directive 93/13/EEC – Unfair terms in consumer contracts – Term which has been individually negotiated – Powers of the national court
Case C-70/19 P Commission v HM
Appeal – Civil service – Officials – Recruitment – Notice of competition EPSO/AST-SC/03/15 – Refusal to allow participation in the assessment tests – Request for review – Email of the European Personnel Selection Office (EPSO) – EPSO’s failure to send the request for review to the selection board of the competition – Ground for refusal – Out of time – Classification of EPSO’s email – Decision to reject the request for review – Powers – No legal basis – Setting aside
Case C-193/20 P Dekoback v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170a(2) and (3) of the Rules of Procedure of the Court of Justice – Formal requirements relating to the request that the appeal be allowed to proceed – Failure to put in order – Inadmissibility
Joined Cases C-632/19 and C-633/19 Federale Overheidsdienst Financiën and Openbaar Ministerie v Metalen Galler and Others
Reference for a preliminary ruling – Articles 53(2) and 94 of the Rules of Procedure of the Court of Justice – Dumping – Importation of certain iron or steel fasteners originating in China – Regulation (EC) No 91/2009 – Validity and interpretation – Lack of sufficient information regarding the factual context of the dispute in the main proceedings and the reasons justifying the need for an answer to the questions referred – Manifest inadmissibility
Case C-183/20 P Fabryki Mebli 'Forte' v Bog-Fran
Appeal – Community design – Whether appeals may be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-436/19 P Abaco Energy and Others v Commission
Appeal – State aid – Aid scheme for renewable energies – Article 181 of the Rules of Procedure of the Court of Justice – Appeal manifestly inadmissible or manifestly unfounded
September 2020
Case C-98/20 mBank S.A. v PA
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Jurisdiction in civil matters – Regulation (EU) No 1215/2012 – Jurisdiction of the courts of the Member State in which the consumer is domiciled – Article 18(2) – Proceedings brought against the consumer by the seller or supplier – Concept of ‘consumer’s domicile’ – Relevant time for determining the consumer’s domicile – Transfer of the consumer’s domicile after the conclusion of the contract and before the action is brought
Request for a preliminary ruling from the Obvodní soud pro Prahu 8
Language of the case: Czech
Case C-265/17 P-DEP United Parcel Service v Commission
Taxation of costs
Language of the case: English
Case C-719/18 Vivendi v Autorità per le Garanzie nelle Comunicazioni
Reference for a preliminary ruling – Electronic communications – Article 11(2) of the Charter of Fundamental Rights of the European Union – Freedom and pluralism of the media – Freedom of establishment – Article 49 TFEU – Directive 2002/21/EC – Articles 15 and 16 – National legislation prohibiting an undertaking which has significant market power in a sector from establishing a ‘significant economic dimension’ in another sector – Calculation of revenues received in the electronic communications sector and the media sector – Definition of the electronic communications sector – Restriction to markets which have been subject to ex ante regulation – Account taken of the income of affiliated companies – Fixing of different income thresholds for undertakings active in the electronic communications sector
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-742/18 P Czech Republic v Commission
Appeal – European Agricultural Guarantee Fund (EAGF) and European Agricultural Fund for Rural Development (EAFRD) – Expenditure excluded from EU financing – Expenditure incurred by the Czech Republic – Regulation (EC) No 555/2008 – Articles 19 and 77 – Wine market – Regulation (EC) No 1122/2009 – Article 33 – Support for rural development – Area-related aid – Decoupled direct aid – Cross-compliance checks – Traditional on-the-spot checks and on-the-spot checks by remote sensing – Burden of proof – One-off and flat-rate corrections – Doubts concerning the effectiveness of the checks – Risk analysis – Deficiencies
Language of the case: Czech
Case C-817/18 P Vereniging tot Behoud van Natuurmonumenten in Nederland and Others v Commission
Appeal – State aid – Aid scheme relating to the subsidised acquisition or free granting of nature land – Preliminary examination stage – Decision declaring the aid compatible with the internal market – Action for annulment – Admissibility – Regulation (EC) No 659/1999 – Article 1(h) – Meaning of ‘interested party’ – Competitive relationship – Meaning of ‘serious difficulties’ – Service of general economic interest – Secondary activities – Related actions
Language of the case: Dutch
Joined Cases C-21/19 to C-23/19 Criminal proceedings against XN and Others
Reference for a preliminary ruling – Waste – Shipments – Regulation (EC) No 1013/2006 – Waste subject to the prior written notification and consent procedure – Article 1(3) – Shipments subject to approval requirements – Directive 2008/98/EC – Article 5(1) – Concept of ‘by-products’ – Regulation (EC) No 1069/2009 – Article 3, point 1 – Concept of ‘animal by-products’ – Shipments of a mixture of animal by-products and other material
Requests for a preliminary ruling from the Gerechtshof Arnhem-Leeuwarden
Language of the case: Dutch
Joined Cases C-84/19, C-222/19 and C-252/19 Profi Credit Polska and Others v QJ and Others
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Article 1(2) – Scope – National provision providing for the maximum amount of non-interest credit costs – Article 3(1) – Contractual term passing on to the consumer costs of the lender’s business activity – Significant imbalance between the rights and obligations of the parties – Article 4(2) – Obligation to draft contract terms in plain intelligible language – Contractual terms which do not specify the services for which remuneration is sought – Directive 2008/48/EC – Article 3(g) – National legislation laying down a method of calculating the maximum non-interest credit cost which may be charged to the consumer
Requests for a preliminary ruling from the Sąd Rejonowy Szczecin – Prawobrzeże i Zachód w Szczecinie and the Sąd Rejonowy w Opatowie
Language of the case: Polish
Case C-186/19 Supreme Site Services and Others v Supreme Headquarters Allied Powers Europe
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 1(1) — Scope — Civil and commercial matters — Jurisdiction — Exclusive jurisdiction — Article 24(5) — Disputes concerning the enforcement of judgments — Action brought by an international organisation and based on immunity from execution, seeking the lifting of an interim garnishee order and a prohibition on the levying of such an order in the future
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-356/19 Delfly v Smartwings Poland
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 7 – Right to compensation in the event of delay or cancellation of a flight – Compensation procedure – Claim expressed in national currency – National provision prohibiting the creditor from choosing the currency
Request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie
Language of the case: Polish
Joined Cases C-503/19 and C-592/19 UQ and SI v Subdelegación del Gobierno en Barcelona (Long-term residents)
References for a preliminary ruling – Status of third-country nationals who are long-term residents – Directive 2003/109/EC – Article 6(1) – Elements to be taken into consideration – National rules – Failure to take those elements into consideration – Refusal to grant long-term resident status on the ground that the person concerned has previous convictions
Requests for a preliminary ruling from the Juzgado Contencioso-Administrativo n° 17 de Barcelona and the Juzgado de lo Contencioso-Administrativo n° 5 de Barcelona
Language of the case: Spanish
Case C-530/19 Niki Luftfahrt v ON
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Articles 5 and 9 – Obligation of the air carrier to offer hotel accommodation to passengers whose flights have been cancelled – Damage suffered by a passenger during her stay at the hotel providing the accommodation – Possibility of invoking the liability of the air carrier as a result of negligence on the part of employees of the hotel
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-539/19 Bundesverband der Verbraucherzentralen und Verbraucherverbände v Telefónica Germany
Reference for a preliminary ruling — Roaming on public mobile communications networks within the European Union — Regulation (EU) No 531/2012 — Article 6a — Article 6e(3) — Roaming provider required to automatically apply the regulated roaming tariff — Application to consumer having opted for a specific roaming tariff prior to the entry into force of Regulation (EU) No 531/2012
Request for a preliminary ruling from the Landgericht München I
Language of the case: German
Case C-610/19 Vikingo Fővállalkozó v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Value added tax (VAT) – Directive 2006/112/EC – Articles 168, 178, 220 and 226 – Principles of fiscal neutrality, of effectiveness and of proportionality – Right to deduct VAT – Refusal – Conditions for the existence of a supply of goods – Evasion – Proof – Penalty – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective judicial remedy
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-174/20 P STADA Arzneimittel v EUIPO
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Appeal lodged out of time – Appeal manifestly inadmissible
Language of the case: German
Case C-119/19 P and C-126/19 P Commission and Council v Carreras Sequeros and Others
Appeal – Civil service – Staff Regulations of Officials of the European Union – Reform of 1 January 2014 – Article 6 of Annex X – Officials and members of the contract staff serving in a third country – New provisions on the granting of days of paid annual leave – Objection of illegality – Charter of Fundamental Rights of the European Union – Article 31(2) – Directive 2003/88/EC – Fundamental right to paid annual leave
Language of the case: French
Case C-265/19 Recorded Artists Actors Performers v Phonographic Performance (Ireland) and Others
Reference for a preliminary ruling – Intellectual property – Rights related to copyright – Directive 2006/115/EC – Article 8(2) – Use of phonograms in the European Union – Right of the performers to equitable remuneration shared with the phonogram producers – Applicability to nationals of third States – Performances and Phonograms Treaty – Articles 4 and 15 – Reservations notified by third States – Limitations of the right to equitable remuneration that may, on the basis of reciprocity, follow, in the European Union, for nationals of third States from those reservations – Article 17(2) and Article 52(1) of the Charter of Fundamental Rights of the European Union – Fundamental right to the protection of intellectual property – Requirement that any limitation must be provided for by law, respect the essence of the fundamental right and be proportionate – Division between the European Union and the Member States of competences to set those limitations – Division of competences in relations with third States – Article 3(2) TFEU – Exclusive competence of the European Union
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
Joined Cases C-674/18 and C-675/18 EM v TMD Friction and FL v TMD Friction EsCo
Reference for a preliminary ruling – Social policy – Transfers of undertakings – Directive 2001/23/EC – Articles 3 and 5 – Safeguarding of employees’ rights – Protection of employees in the event of the insolvency of their employer – Transfer made by the insolvency administrator of the transferring undertaking subject to insolvency proceedings – Occupational old-age pension benefits – Restriction on the obligations of the transferee – Amount of the benefit payable under the supplementary occupational pension scheme calculated on the basis of the employee’s pay when insolvency proceedings were instituted – Directive 2008/94/EC – Article 8 – Direct effect – Conditions
Requests for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-254/19 Friends of the Irish Environment v An Bord Pleanála
Reference for a preliminary ruling – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 6(3) – Scope – Concepts of ‘project’ and ‘agreement’ – Appropriate assessment of the implications of a plan or project for a protected site – Decision extending the duration of a development consent for the construction of a liquefied natural gas regasification terminal – Original decision based on national legislation which did not properly transposed Directive 92/43
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
Case C-651/19 JP v Commissaire général aux réfugiés et aux apatrides (Rejection of a subsequent application – Time limit for bringing proceedings)
Reference for a preliminary ruling – Asylum policy – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 46 – Charter of Fundamental Rights of the European Union – Article 47 – Right to an effective remedy – Action brought against a subsequent application for international protection as being inadmissible – Time limit for bringing proceedings – Rules governing notification
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-363/19 Konsumentombudsmannen v Mezina
Reference for a preliminary ruling — Food safety — Nutritional and health claims concerning foodstuffs — Regulation (EC) No 1924/2006 — Articles 5 and 6 — Scientific substantiation for claims — Generally accepted scientific evidence — Article 10(1) — Article 28(5) — Transitional arrangements — Unfair business-to-consumer commercial practices in the internal market — Directive 2005/29/EC — Article 3(4) — Relationship between the provisions of Directive 2005/29 and other EU rules regulating specific aspects of unfair commercial practices
Request for a preliminary ruling from the Patent- och marknadsdomstolen vid Stockholms tingsrätt
Language of the case: Swedish
Case C-367/19 Tax-Fin-Lex v Ministrstvo za notranje zadeve
Reference for a preliminary ruling – Public service contracts – Directive 2014/24/EU – Article 2(1)(5) – Concept of ‘public contract’ – Concept of ‘contract for pecuniary interest’ – Tenderer’s bid at a price of EUR 0.00 – Rejection of the tender – Article 69 – Abnormally low tender
Request for a preliminary ruling from the Državna revizijska komisija za revizijo postopkov oddaje javnih naročil
Language of the case: Slovene
Case C-509/19 BMW v Hauptzollamt München
Reference for a preliminary ruling – Customs Union – Union Customs Code – Regulation (EU) No 952/2013 – Article 71(1)(b) – Customs value – Imports of electronic products equipped with software
Request for a preliminary ruling from the Finanzgericht München
Language of the case: German
Case C-738/19 A v B and C (Subletting a social housing dwelling)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Annex, point 1(e) – Unfair terms in consumer contracts – Social housing – Obligation of residence and prohibition on subletting the property – Article 3(1) and (3) – Article 4(1) – Assessment of whether penalty clauses are unfair – Criteria
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Joined Cases C-807/18 and C-39/19 Telenor Magyarország v Nemzeti Média- és Hírközlési Hatóság Elnöke
Reference for a preliminary ruling – Electronic communications – Regulation (EU) 2015/2120 – Article 3 – Open internet access – Article 3(1) – Rights of end users – Right to access applications and services and to use them – Right to provide applications and services – Article 3(2) – Prohibition of agreements and commercial practices limiting the exercise of end users’ rights – Concepts of ‘agreements’, ‘commercial practices’, ‘end users’ and ‘consumers’ – Assessment of whether the exercise of end users’ rights is limited – Detailed rules – Article 3(3) – Obligation of equal and non-discriminatory treatment of traffic – Possibility of implementing reasonable traffic-management measures – Prohibition of measures blocking and slowing down traffic – Exceptions – Commercial practices consisting in offering packages which provide (i) that customers subscribing to them purchase a tariff entitling them to use a given data volume without restriction, without any deduction being made from that volume for using certain specific applications and services covered by ‘a zero tariff’ and (ii) that once the data volume has been used up, those customers may continue to use those specific applications and services without restriction, while measures blocking or slowing down traffic are applied to the other applications and services
Requests for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-121/19 P Edison v EUIPO
Appeal – EU trade mark – Application for registration of a figurative mark including the word element EDISON – Interpretation of the terms in the heading of a class of the Nice Classification and in the accompanying alphabetical list
Language of the case: Italian
Case C-312/19 XT v Valstybinė mokesčių inspekcija (Joint activity agreement)
Reference for a preliminary ruling – Directive 2006/112/EC – Common system of value added tax (VAT) – Article 9(1) – Article 193 – Concept of ‘taxable person’ – Joint activity agreement – Partnership – Allocation of an economic transaction to one of the partners – Determination of the taxable person liable for the tax
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-339/19 Romenergo and Aris Capital v Autoritatea de Supraveghere Financiară
Reference for a preliminary ruling – Free movement of capital – Company law – Shares admitted to trading on the regulated market – Financial investment company – National regulations limiting the shareholding in certain financial investment companies – Statutory presumption of concerted action
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
Case C-462/19 Anesco and Others
Reference for a preliminary ruling – Meaning of ‘court or tribunal’ for the purposes of Article 267 TFEU – Criteria – Comisión Nacional de los Mercados y la Competencia (National Commission on Markets and Competition, Spain) – Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Comisión Nacional de los Mercados y la Competencia
Language of the case: Spanish
Case C-528/19 Mitteldeutsche Hartstein-Industrie v Finanzamt Y
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Sixth Directive 77/388/EEC – Article 17(2)(a) – Deduction of input tax – Origin and scope of the right to deduct – Extension of a road belonging to a municipality – Entry in the accounts of the costs incurred by the works as part of the taxable person’s general costs – Determination of the existence of a direct and immediate link with the economic activity of the taxable person – Supply made free of charge – Supply to be treated as a supply made for consideration – Article 5(6)
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-674/19 Skonis ir kvapas v Muitinės departamentas prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling – Structure and rates of excise duty applied to manufactured tobacco – Directive 2011/64/EU – Article 2(2) – Article 5(1) – Concept of ‘Products consisting in whole or in part of substances other than tobacco’ – Concept of ‘Smoking tobacco’ – Water-pipe tobacco
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-648/18 ANRE v Hidroelectrica
Reference for a preliminary ruling – Internal market in electricity – Free movement of goods – Article 35 TFEU – Quantitative restrictions on exports – Measures having equivalent effect – National measure requiring electricity producers to offer for sale all the electricity available to them exclusively on a centralised competitive market of the Member State concerned
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
Case C-791/18 Stichting Schoonzicht v Staatssecretaris van Financiën
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Immovable property acquired as capital goods – Deduction of input tax paid – Adjustment of the initial deduction – Single adjustment of that deduction in full after the goods in question are first used – Adjustment period
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-806/18 Criminal proceedings against JZ (Custodial sentence in the case of an entry ban)
Reference for a preliminary ruling – Area of freedom, security and justice – Return of illegally staying third-country nationals – Directive 2008/115/EC – Article 11 – Entry ban – Third-country national against whom an entry ban was issued but who never left the Member State concerned – National legislation providing for a custodial sentence in the event of the third-country national staying in that Member State despite notice of the entry ban issued against him
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-12/19 P Troszczynski v Parliament
Appeal – Law governing the institutions – Member of the European Parliament – Protocol on the privileges and immunities of the European Union – Article 8 – Parliamentary immunity – Activity not connected to parliamentary duties – Publication on the Member’s Twitter account – Article 9 – Parliamentary privilege – Scope – Decision to waive parliamentary immunity
Language of the case: French
Case C-92/19 Burgo Group v Gestore dei Servizi Energetici
Reference for a preliminary ruling – Environment – Promotion of cogeneration – Provision of national law establishing a support scheme – Scheme supporting non-high-efficiency cogeneration plants extended beyond 31 December 2010
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-212/19 Ministre de l'Agriculture et de l'Alimentation v Compagnie des pêches de Saint-Malo
Reference for a preliminary ruling – State aid – Concept – Wreck of the oil tanker Erika – Aid scheme for aquaculture and fisheries undertakings – Decision declaring the aid scheme partly incompatible with the common market and ordering the recovery of the aid paid out – Assessment of validity – Examination of the Court’s own motion – Admissibility – Failure to bring an action for annulment by the defendant in the main proceedings – Reduction in social security contributions – Employees’ contributions – Advantage – Question of who is liable for repayment
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-540/19 WV v Landkreis Harburg (Subrogation of a public body to the claims of a maintenance creditor)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction in matters relating to maintenance obligations – Regulation (EC) No 4/2009 – Article 3(b) – Court for the place where the maintenance creditor is habitually resident – Action for recovery brought by a public body subrogated to the claims of a maintenance creditor
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-594/18 P Austria v Commission
Appeal – State aid – Article 107(3)(c) TFEU – Articles 11 and 194 TFEU – Article 1, Article 2(c) and Article 106a(3) of the Euratom Treaty – Planned aid for Hinkley Point C nuclear power station (United Kingdom) – Decision declaring the aid compatible with the internal market – Objective of common interest – Environmental objectives of the European Union – Principle of protection of the environment, ‘polluter pays’ principle, precautionary principle and principle of sustainability – Determination of the economic activity concerned – Market failure – Proportionality of the aid – Operating or investment aid – Determination of the aid elements – Guarantee Notice
Language of the case: German
Joined Cases C-724/18 and C-727/18 Cali Apartments and HX v Procureur général près la cour d’appel de Paris and Ville de Paris
References for a preliminary ruling – Directive 2006/123/EC – Scope – Repeated short-term letting of furnished premises to a transient clientele which does not take up residence there – National legislation imposing a prior authorisation scheme for certain specific municipalities and making those municipalities responsible for defining the conditions for granting the authorisations provided for by that scheme – Article 4(6) – Concept of ‘authorisation scheme’ – Article 9 – Justification – Insufficient supply of affordable long-term rental housing – Proportionality – Article 10 – Requirements relating to the conditions for granting authorisations
Requests for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C-777/18 WO v Vas Megyei Kormányhivatal (Cross-border healthcare)
Reference for a preliminary ruling – Social security – Sickness insurance – Regulation (EC) No 883/2004 – Article 20 – Scheduled treatment – Prior authorisation – Mandatory grant – Conditions – Insured person prevented from applying for prior authorisation – Regulation (EC) No 987/2009 – Article 26 – Assumption of costs of scheduled treatment incurred by the insured person – Procedure for reimbursement – Directive 2011/24/EU – Cross-border healthcare – Article 8(1) – Healthcare that may be subject to prior authorisation – Principle of proportionality – Article 9(3) – Processing of applications for cross-border healthcare – Factors to be taken into account – Reasonable time – Freedom to provide services – Article 56 TFEU
Request for a preliminary ruling from the Szombathelyi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-601/18 P Prysmian and Prysmian Cavi e Sistemi v Commission
Appeal – Competition – Cartels – European market for submarine and underground power cables – Market allocation in connection with projects – Single and continuous infringement – Succession of legal entities – Attributability of unlawful conduct – Principle of equal treatment – Distortion of evidence – Regulation (EC) No 1/2003 – Article 20 – European Commission’s powers of inspection in cartel proceedings – Power to copy data without a prior examination and to examine the data subsequently at the Commission’s premises – Fines
Language of the case: English
Case C-223/19 YS v NK (Occupational pensions of managerial staff)
Reference for a preliminary ruling – Equal treatment in employment and occupation – Directives 2000/78/EC and 2006/54/EC – Scope – Prohibition of indirect discrimination on grounds of age or sex – Justifications – National legislation providing for an amount to be withheld from pensions paid directly to their recipients by undertakings in which the State has a majority participation and for the cancellation of the indexation of the amount of those pensions – Articles 16, 17, 20 and 21 of the Charter of Fundamental Rights of the European Union – Applicability – Discrimination on grounds of property – Infringement of the freedom of contract – Infringement of the right to property – Article 47 of the Charter of Fundamental Rights – Right to an effective remedy
Request for a preliminary ruling from the Landesgericht Wiener Neustadt
Language of the case: German
Case C-516/19 NMI Technologietransfer v EuroNorm
Reference for a preliminary ruling – State aid – Articles 107 and 108 TFEU – Regulation (EU) No 651/2014 – Exemption of certain categories of aid compatible with the internal market – Annex I – Small and medium-sized enterprises (SMEs) – Definition – Independence test – Article 3(1) – Autonomous enterprise – Article 3(4) – Not included – Indirect control of 25% of the capital or voting rights by public bodies – Concepts of ‘control’ and ‘public bodies’
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C-195/20 PPU Criminal proceedings against XC (Speciality rule)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Effects of the surrender – Article 27 – Potential prosecutions for other offences – Specialty rule
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-233/19 B. v CPAS de Liège
Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/EC – Return of illegally staying third-country nationals – Third-country national suffering from a serious illness – Return decision – Judicial remedy – Automatic suspensory effect – Conditions – Grant of social assistance – Articles 19 and 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Cour du travail de Liège
Language of the case: French
Case C-402/19 LM v CPAS de Seraing
Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/CE – Return of illegally staying third-country nationals – Parent of an adult child suffering from a serious illness – Return decision – Judicial remedy – Automatic suspensory effect – Safeguards pending return – Basic needs – Articles 7, 19 and 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Cour du travail de Liège
Language of the case: French
Information (on unpublished decisions)
Case C-91/18 INT Commission v Greece (Tsipouro)
Application for interpretation – Manifest inadmissibility
Case C-392/18 P-INT Bettani v Commission
Application for interpretation – Lack of legal representation – Manifest inadmissibility
Case C-784/18 P Mellifera v Commission
Appeal – Aarhus Convention – Regulation (EC) No 1367/2006 – Article 2(1)(g) and Article 10(1) – Internal review of administrative acts – Limitation to measures of individual application – Implementing Regulation (EU) 2016/1056 – Extension of the approval period of the active substance ‘glyphosate’ – Application for internal review – Measure of general application – Dismissal
Case C-214/19 P achtung! v EUIPO
Appeal – EU trade mark – Regulation (EC) No 207/2009 – Article 7(1)(b) – Distinctive character – None
Case C-611/19 Crewprint v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Value added tax (VAT) – Directive 2006/112/EC – Principles of fiscal neutrality, of effectiveness and of proportionality – Right to VAT deduction – Refusal – Fraud – Proof – Chain of subcontractors
Case C-50/20 P ZW v EIB
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Rejection of candidature – Complaint with the European Ombudsman – Action for annulment and for damages – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-137/20 MV v SATA International
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Article 5(3) – Compensation to passengers in the event of denied boarding and of cancellation or long delay of flights – Scope – Exemption from the obligation to pay compensation – Concept of ‘extraordinary circumstances’ – Lack of sufficient details concerning the factual and regulatory famework of the main proceedings and the reasons justifying the need to reply to the questions referred for a preliminary ruling – Manifest inadmissibility
Case C-199/20 P Gamma-A v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-200/20 P Gamma-A v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-675/19 SA Ramon v Commission
Application for leave to serve a garnishee order on the European Commission
Case C-320/18 P Crocs v EUIPO
Appeal – Community design – Invalidity proceedings – Declaration of invalidity – Appeal which has become devoid of purpose – No need to adjudicate – Costs
Case C-122/19 P Hamas v Council
Appeal – Common foreign and security policy – Fight against terrorism – Restrictive measures taken against certain persons and entities – Freezing of funds – Common Position 2001/931/CFSP – Article 1(4) and (6) – Regulation (EC) No 2580/2001 – Article 2(3) – Retention of an organisation on the list of persons, groups and entities involved in terrorist acts – Conditions – Competent authority equivalent to a judicial authority – Sentencing decision – Ongoing risk of involvement in terrorist activities – Factual basis of the decisions to freeze funds – Obligation to state reasons – Right to effective judicial protection
Case C-386/19 P Hamas v Council
Appeal – Common foreign and security policy – Fight against terrorism – Restrictive measures taken against certain persons and entities – Freezing of funds – Common Position 2001/931/CFSP – Article 1(4) and (6) – Regulation (EC) No 2580/2001 – Article 2(3) – Retention of an organisation on the list of persons, groups and entities involved in terrorist acts – Conditions – Competent authority equivalent to a judicial authority – Sentencing decision – Ongoing risk of involvement in terrorist activities – Obligation to state reasons – Rights of the defence – Right to effective judicial protection
Case C-498/19 P Romania v Commission
Appeal – European Agricultural Guarantee Fund (EAGF) and European Agricultural Fund for Rural Development (EAFRD) – Decision of the European Commission excluding expenditure from EU financing – Notification to the addressee – Error in the printing of the annex – Publication of the decision in the Official Journal of the European Union – Time limit for filing an appeal – Point from which time starts to run – Lateness – Principle of legal certainty – Observance of the adversarial principle
Joined Cases C-41/20 to C-43/20 DQ and Others v Wallonische Region (Registration of a loaned vehicle)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Article 63 TFEU – Free movement of capital – Road traffic – Registration and taxation of motor vehicles – Driver resident in one Member State – Vehicle registered in another Member State – Vehicle provided free of charge for a short period of time – Requirement to carry in the vehicle at all times evidence of the lawful use of that vehicle – Proportionality
Case C-423/20 P(R) Council v Sharpston
Appeal — Interim relief — Article 157(2) of the Rules of Procedure of the General Court – Decision of the Representatives of the Governments of the Member States appointing three judges and one Advocate General to the Court of Justice – Application for Annulment – Prima facie case
Case C-424/20 P(R) Council v Sharpston
Appeal — Interim relief — Article 157(2) of the Rules of Procedure of the General Court – Decision of the Representatives of the Governments of the Member States appointing three judges and one Advocate General to the Court of Justice – Application for Annulment – Prima facie case
Case C-669/19 P BP v FRA
Appeal – Non-contractual liability – Access to documents – Protection of personal data – Allegedly irregular disclosure of such data – Regulations (EC) No 1049/2001 and No 45/2001 – Admissibility of pleas and offers of evidence before the General Court of the European Union – Allocation of costs
Case C-449/18 P and C-474/18 P EUIPO v Messi Cuccittini and J.M. EV e hijos v EUIPO
Appeal – EU trade mark – Regulation (EC) No 207/2009 – Article 8(1)(b) – Opposition proceedings – Application for EU figurative mark MESSI – Earlier EU word marks MASSI – Partial refusal of registration
Case C-732/18 P Rosneft and Others v Council
Appeal – Restrictive measures adopted in view of the actions of the Russian Federation destabilising the situation in Ukraine – List of persons, entities and bodies subject to freezing of funds and economic resources – Listing of the appellants in the list of the entities to which restrictive measures apply
Case C-623/19 P Alfamicro v Commission
Appeal – Action for annulment – Decision to recover a debt – Enforcement order – Principle of res judicata – Adoption of a decision which is enforceable within the meaning of Article 299 TFEU for the recovery of grants awarded under a contract – Grant agreement concluded under the Competitiveness and Innovation Framework Programme (CIP) (2007 – 2013)
Case C-837/19 Super Bock Bebidas v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Deduction of input tax – Sixth Directive 77/388/EEC – Article 17(6) – Directive 2006/112/EC – Articles 168 and 176 – Exclusion from the right to deduct – Purchase of accommodation, food, drink, vehicle leases, fuel and tolls services – Standstill clause – Accession to the European Union
Case C-135/20 JS v Câmara Municipal de Gondomar
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 5 – Fixed-term employment contracts in the public sector – Successive contracts – Prohibition on converting fixed-term contracts to open-ended contracts – Whether permissible
Case C-239/20 P Giorgio Armani v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-240/20 P Giorgio Armani v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
October 2020
Case C-485/18 Groupe Lactalis v Premier ministre and Others
Reference for a preliminary ruling – Regulation (EU) No 1169/2011 – Provision of food information to consumers – Article 9(1)(i) and Article 26(2)(a) – Mandatory indication of the country of origin or place of provenance of foods – Failure to indicate which might mislead the consumer – Article 38(1) – Matters specifically covered by the harmonisation – Article 39(2) – Adoption of national measures providing for additional mandatory particulars concerning the country of origin or place of provenance of specific types or categories of foods – Conditions – Existence of a proven link between one or several qualities of the foods concerned and their origin or provenance – Concepts of ‘proven link’ and ‘qualities’ – Evidence that the majority of consumers attach significant value to the provision of that information – National measure providing for the mandatory indication of the national, European or non-European origin of milk
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-649/18 A v B and Others (Advertising and sale of medicinal products online)
Reference for a preliminary ruling – Medicinal products for human use not subject to compulsory medical prescription – Online sales – Advertising for a pharmacy’s website – Limitations – Prohibition on discounts where the order exceeds certain amounts and the use of paid referencing – Obligation to require a patient to complete a health questionnaire prior to validation of his or her first order on a pharmacy’s website – Protection of public health – Directive 2000/31/EC – Electronic commerce – Article 2(a) – Information society service – Article 2(h) – Coordinated field – Article 3 – Country-of-origin principle – Derogations – Justification – Protection of public health – Protection of the dignity of the profession of pharmacist – Prevention of the abusive consumption of medicinal products
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
Case C-743/18 Elme Messer Metalurgs v Latvijas Investīciju un attīstības aģentūra
Reference for a preliminary ruling – Structural Funds – European Regional Development Fund (ERDF) – Regulation (EC) No 1083/2006 – Article 2(7) – Concept of ‘irregularity’ – Infringement of a provision of EU law resulting from an act or omission on the part of an economic operator – Prejudice caused to the general budget of the European Union – Insolvency of the beneficiary’s sole business partner
Request for a preliminary ruling from the Rēzeknes tiesa
Language of the case: Latvian
Case C-331/19 Staatssecretaris van Financiën v X (Reduced rate of VAT for aphrodisiacs)
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 98 – Option for the Member States to apply a reduced rate of VAT to certain supplies of goods and services – Annex III, point 1 – Definitions of ‘foodstuffs for human consumption’ and ‘products normally used to supplement foodstuffs or as a substitute for foodstuffs’ – Aphrodisiac products
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-405/19 Vos Aannemingen v Belgische Staat
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Sixth Directive 77/388/EEC – Article 17(2)(a) – Right to deduct input tax – Services also having benefited third parties – Existence of a direct and immediate link with the taxable person’s economic activity – Existence of a direct and immediate link with one or more output transactions
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
Case C-526/19 Entoma v Ministre de l’Économie et des Finances and Ministre de l'Agriculture et de l'Alimentation
Reference for a preliminary ruling – Food safety – Novel foods and novel food ingredients – Regulation (EC) No 258/97 – Article 1(2)(e) – Concept of ‘food ingredients isolated from animals’ – Placing on the market – Whole insects intended for human consumption
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-603/19 Criminal proceedings against TG and UF
Reference for a preliminary ruling – Protection of the financial interests of the European Union – Article 325 TFEU – Criminal proceedings concerning offences relating to subsidy fraud funded in part from the budget of the European Union – National law not allowing State bodies to obtain, in criminal proceedings, the recovery of subsidies by way of compensation for damage caused by the offences
Request for a preliminary ruling from the Špecializovaný trestný súd
Language of the case: Slovak
Case C-654/19 FP Passenger Service v Austrian Airlines
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Compensation of air passengers in the event of long delay of flights – Right to compensation in the event of delay – Length of delay – Time of opening of the aircraft’s doors at destination – Actual arrival time – Scheduled time of arrival – Question on which the Court has already ruled or where the answer to such a question may be clearly deduced from the case-law
Request for a preliminary ruling from the Landesgericht Korneuburg
Language of the case: German
Case C-89/20 :
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Convention implementing the Schengen Agreement – Article 54 – Ne bis in idem principle – Scope – Identity of the material facts – Absence of sufficient information concerning the factual background and the reasons justifying the need for an answer to the question referred for a preliminary ruling – Manifest inadmissibility
Request for a preliminary ruling from the Županijski sud u Puli
Language of the case: Croatian
Case C-623/17 Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Others
Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Providers of electronic communications services – General and indiscriminate transmission of traffic data and location data – Safeguarding of national security – Directive 2002/58/EC – Scope – Article 1(3) and Article 3 – Confidentiality of electronic communications – Protection – Article 5 and Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 11 and Article 52(1) – Article 4(2) TEU
Request for a preliminary ruling from the Investigatory Powers Tribunal - London
Language of the case: English
Case C-66/18 Commission v Hungary (Higher education)
Failure of a Member State to fulfil obligations – Admissibility – Jurisdiction of the Court – General Agreement on Trade in Services – Article XVI – Market access – Schedule of specific commitments – Requirement of authorisation – Article XX(2) – Article XVII – National treatment – Service provider having its seat in a third country – National legislation of a Member State imposing conditions for the supply of higher education services within its territory – Requirement relating to the conclusion of an international treaty with the State in which the provider has its seat – Requirement relating to the provision of education in the State in which the provider has its seat – Modification of conditions of competition to the benefit of national providers – Justification – Public order – Prevention of deceptive practices – Article 49 TFEU – Freedom of establishment – Directive 2006/123/EC – Services in the internal market – Article 16 – Article 56 TFEU – Freedom to provide services – Existence of a restriction – Justification – Overriding reason in the public interest – Public order – Prevention of deceptive practices – High quality of the education – Charter of Fundamental Rights of the European Union – Article 13 – Academic freedom – Article 14(3) – Freedom to found educational establishments – Article 16 – Freedom to conduct a business – Article 52(1)
Language of the case: Hungarian
Joined Cases C-511/18, C-512/18 and C-520/18 La Quadrature du Net and Others v Premier ministre and Others
Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Providers of electronic communications services – Hosting service providers and Internet access providers – General and indiscriminate retention of traffic and location data – Automated analysis of data – Real-time access to data – Safeguarding national security and combating terrorism – Combating crime – Directive 2002/58/EC – Scope – Article 1(3) and Article 3 – Confidentiality of electronic communications – Protection – Article 5 and Article 15(1) – Directive 2000/31/EC – Scope – Charter of Fundamental Rights of the European Union – Articles 4, 6, 7, 8 and 11 and Article 52(1) – Article 4(2) TEU
Requests for a preliminary ruling from the Conseil d'État (France) and Cour constitutionnelle (Belgium)
Language of the case: French
Case C-134/19 P Bank Refah Kargaran v Council
Appeal – Common foreign and security policy (CFSP) – Article 29 TEU – Article 215 TFEU – Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation – Harm allegedly suffered by the appellant as a result of its name being included and maintained on the list of persons and entities covered by the freezing of financial funds and resources – Actions for damages – Jurisdiction of the CJEU to hear and determine an action for damages for the harm allegedly caused by restrictive measures taken in decisions adopted pursuant to the CFSP – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Inadequate statement of reasons for legal acts imposing restrictive measures
Language of the case: French
Case C-181/19 Jobcenter Krefeld v JD
Reference for a preliminary ruling – Free movement of persons – Workers – Regulation (EU) No 492/2011 – Article 7(2) – Equal treatment – Social advantages – Article 10 – Children attending school – Directive 2004/38/EC – Article 24 – Social assistance – Regulation (EC) No 883/2004 – Article 4 – Article 70 – Special non-contributory cash benefits – Migrant worker with dependent children attending school in the host Member State
Request for a preliminary ruling from the Landessozialgericht Nordrhein-Westfalen
Language of the case: German
Joined Cases C-245/19 and C-246/19 État luxembourgeois v B and Others (Judicial protection against requests for information in tax law)
References for a preliminary ruling – Directive 2011/16/EU – Administrative cooperation in the field of taxation – Articles 1 and 5 – Decision ordering that information be provided to the competent authority of a Member State, acting in response to a request for exchange of information from the competent authority of another Member State – Person holding the information the production of which is ordered by the competent authority of the first Member State – Taxpayer concerned by the investigation giving rise to the request from the competent authority of the second Member State – Third parties with whom that taxpayer maintains legal, banking, financial or, more broadly, economic relations – Judicial protection – Charter of Fundamental Rights of the European Union – Article 47 – Right to an effective remedy – Article 52(1) – Limitation – Legal basis – Respect for the essence of the right to an effective remedy – Existence of a remedy enabling the individuals in question to obtain an effective review of all the relevant issues of fact and of law, as well as effective judicial protection of the rights guaranteed to them by EU law – Objective of general interest recognised by the Union – Combating international tax fraud and tax evasion – Proportionality – Whether the information referred to in the information order is ‘foreseeably relevant’ – Judicial review – Scope – Personal, temporal and material factors to be taken into consideration
Requests for a preliminary ruling from the Cour administrative (Luxembourg)
Language of the case: French
Case C-443/19 Vodafone España v Diputación Foral de Guipúzcoa
Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/20/EC – Article 13 – Fee for rights of use for radio frequencies – Sectoral national legislation subjecting the allocation of public radio frequencies to a charge – National legislation subjecting the grant of administrative concessions on public assets to a tax on the transfer of assets
Request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco
Language of the case: Spanish
Case C-235/19 United Biscuits (Pension Trustees) and United Biscuits Pension Investments v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 135(1)(a) – Exemption of insurance transactions – Supply of pension fund management services to trustees by investment fund managers – Exclusion of any risk indemnity – Occupational pension scheme – National tax practice – Exercise of an insurance activity – Authorised entities – Entities not holding such authorisation – Concept of ‘insurance transactions’
Request for a preliminary ruling from the Court of Appeal
Language of the case: English
Case C-330/19 Staatssecretaris van Financiën v Exter
Reference for a preliminary ruling — Customs union — Regulation (EEC) No 2913/92 — Community Customs Code — Article 121(1) — Inward processing procedure — Release for free circulation — Incurrence of a customs debt — Determination of the debt — Concept of ‘taxation elements’ — Taking account of a preferential tariff measure
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-360/19 Crown Van Gelder v Autoriteit Consument en Markt
Reference for a preliminary ruling – Internal market for electricity – Directive 2009/72/EC – Article 37 – Duties and powers of the regulatory authority – Out-of-court dispute settlement – Concept of ‘party having a complaint’ – Complaint submitted by a final customer against the operator of a transmission system to which that customer’s installation is not directly connected – Failure on the grid – No contractual relationship between that customer and the operator of that grid – Admissibility of the complaint
Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
Case C-456/19 Aktiebolaget Östgötatrafiken v Patent-och registreringsverket
Reference for a preliminary ruling – Trade marks – Directive 2008/95/EC – Article 3(1)(b) – Signs of which a trade mark may consist – Distinctive character – Application for registration as a trade mark of a sign in respect of a service, consisting of motifs of colour and intended to be affixed to goods used to provide that service – Assessment of the distinctive character of that sign – Criteria
Request for a preliminary ruling from the Svea Hovrätt, Patent- och marknadsöverdomstolen
Language of the case: Swedish
Case C-476/19 Allmänna ombudet v Combinova
Reference for a preliminary ruling – Union Customs Code – Article 124(1)(k) – Extinction of the customs debt in the event the goods are not used – Concept of ‘goods that have been used’ – Inward processing procedure – Customs debt incurred through non-compliance with requirements provided for under the inward processing procedure – Bill of discharge not submitted within the prescribed time limit
Request for a preliminary ruling from the Kammarrätten i Göteborg
Language of the case: Swedish
Case C-514/19 Union des industries de la protection des plantes v Premier ministre and Others
Reference for a preliminary ruling – Environment – Regulation (EC) No 1107/2009 – Placing of plant protection products on the market – Emergency measures – Officially informing the European Commission – Directive (EU) 2015/1535 – Procedure for the provision of information in the field of technical regulations – Neonicotinoids – Protection of bees – Principle of sincere cooperation
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-558/19 Impresa Pizzarotti v Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Administrare a Marilor Contribuabili ( (Unusual advantage granted to a non-resident company)
Reference for a preliminary ruling – Articles 49 and 63 TFEU – Freedom of establishment – Free movement of capital – Calculation of the taxable income of companies – Persons having a relationship of interdependence – Unusual advantage granted by a resident branch to a non-resident company – Correction of the taxable income of the branch of a non-resident company – No correction of taxable income in the event of an identical advantage granted by a branch to a resident company – Principle of free competition – Restriction on freedom of establishment – Justification – Balanced allocation of the power to tax between Member States – Proportionality
Request for a preliminary ruling from the Tribunalul Cluj
Language of the case: Romanian
Case C-568/19 MO v Subdelegación del Gobierno en Toledo (Consequences of the judgment in Zaizoune)
Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/EC – Common standards and procedures for returning illegally staying third-country nationals – Article 6(1) and Article 8(1) – Illegal stay – National legislation providing for either a fine or removal, depending on the circumstances – Consequences of the judgment of 23 April 2015, Zaizoune (C‑38/14, EU:C:2015:260) – National legislation more favourable to the interested party – Direct effect of directives – Limits
Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha
Language of the case: Spanish
Case C-602/19 kohlpharma v Bundesrepublik Deutschland
Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Quantitative restrictions – Measures having equivalent effect – Refusal to approve an amendment to the particulars and documents relating to a medicinal product which is the subject of a parallel import licence – Protection of the health and life of humans – Directive 2001/83/EC
Request for a preliminary ruling from the Verwaltungsgericht Köln
Language of the case: German
Case C-641/19 EU v PE Digital
Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Point 11 of Article 2, Article 14(3) and Article 16(m) – Distance contract – Supply of digital content and digital services – Right of withdrawal – Obligations of the consumer in the event of withdrawal – Determination of the amount to be paid by the consumer for the services provided before the exercise of the right of withdrawal – Exception to the right of withdrawal in the case of the supply of digital content
Request for a preliminary ruling from the Amtsgericht Hamburg
Language of the case: German
Case C-644/19 FT v Universitatea „Lucian Blaga” Sibiu and Others
Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Articles 1, 2 and 3 – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Measure taken by a university pursuant to national law – Retention of tenured lecturer status beyond the statutory retirement age – Possibility restricted to lecturers with doctoral supervisor status – Lecturers who do not have this status – Fixed-term employment contracts – Lower remuneration than for tenured lecturers
Request for a preliminary ruling from the Curtea de Apel Alba Iulia
Language of the case: Romanian
Case C-657/19 Finanzamt D v E
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Exemptions – Article 132(1)(g) – Supply of services closely linked to welfare and social security work – Preparation of expert reports on the level of care and support needs – Taxable person appointed by the medical service of a care and support insurance fund – Bodies recognised as being devoted to social wellbeing
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-711/19 Admiral Sportwetten and Others v Magistrat der Stadt Wien
Reference for a preliminary ruling – Directive (EU) 2015/1535 – Article 1 – Procedure for the provision of information in the field of technical regulations and of rules on Information Society services – Definition of ‘technical regulation’ – Games of chance – Local duty on the operation of betting terminals – Tax rule – European Commission not notified – Enforceability against the taxpayer
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-681/18 JH v KG (Successive assignments in the context of temporary agency work)
Reference for a preliminary ruling – Social policy – Directive 2008/104/EC – Temporary agency work – Article 5(5) – Equal treatment – Appropriate measures to prevent misuse of temporary agency work – Obligation for Member States to prevent successive assignments – No limits in national law – Requirement to interpret national law in conformity with EU law
Request for a preliminary ruling from the Tribunale ordinario di Brescia
Language of the case: Italian
Case C-629/19 Sappi Austria Produktion and Wasserverband “Region Gratkorn-Gratwein” v Landeshauptmann von Steiermark
Reference for a preliminary ruling – Environment – Waste – Directive 2008/98/EC – Article 2(2)(a), point 1 of Article 3 and Article 6(1) – Waste water – Sewage sludge – Scope – Concept of ‘waste’ – Cessation of waste status – Recovery or recycling operation
Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark
Language of the case: German
Case C-677/19 Valoris v DGRFP Craiova - Vâlcea and Administraţia Fondului pentru Mediu
Reference for a preliminary ruling – Principles of EU law – Principle of sincere cooperation – Principles of equivalence and effectiveness – Recovery of taxes levied by a Member State in breach of EU law – Time limit for lodging applications for reimbursement of such taxes – No similar time limit for the reimbursement of sums levied by that Member State in breach of national law
Request for a preliminary ruling from the Tribunalul Vâlcea
Language of the case: Romanian
Case C-778/18 Association française des usagers de banques v Ministre de l'Économie et des Finances
Reference for a preliminary ruling – Consumer protection – Payment services in the internal market – Directive 2007/64/EC – Article 45 – Directive (EU) 2015/2366 – Article 55 – Termination of a framework contract – Directive 2014/17/EU – Credit agreements for consumers relating to residential immovable property – Article 12(1), (2)(a) and (3) – Tying practices – Bundling practices – Directive 2014/92/EU – Payment accounts – Articles 9 to 14 – Account switching – Obligation to deposit income on a payment account held with the lender during a period fixed by the credit agreement as consideration for an individual advantage – Duration of the obligation – Loss of the individual advantage in the event of early termination of the account
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-117/19 Linas Agro v Muitinės departamentas prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling – Customs union – Implementing Regulation (EU) No 999/2014 – Definitive anti-dumping duty on imports of solid fertilisers with an ammonium nitrate content exceeding 80% by weight – Definition – Regulation (EC) No 945/2005 – Determination of the ammonium nitrate content – Presumption that a product with a nitrogen content exceeding 28% by weight has an ammonium nitrate content exceeding 80% by weight
Request for a preliminary ruling from the Mokestinių ginčų komisija prie Lietuvos Respublikos vyriausybės
Language of the case: Lithuanian
Case C-335/19 E. v Minister Finansów (VAT – Reduction of the taxable amount)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 90 – Reduction of the VAT taxable amount – Total or partial non-payment of the price – Conditions imposed by national legislation for the exercise of the right to reduction – Condition that the debtor must not be the subject of insolvency or winding-up proceedings – Condition that the creditor and the debtor must be subject to VAT
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-543/19 Jebsen & Jessen v Hauptzollamt Hamburg
Reference for a preliminary ruling – Customs union – Regulation (EEC) No 2913/92 – Article 78 – Article 236(1) – Import procedure – Revision of the customs declaration – Commercial policy – Anti-dumping – Implementing Regulation (EU) 2015/82 – Definitive anti-dumping duty – Price undertakings – Exemption – Article 2(1) – Condition to submit an undertaking invoice – Failure to mention an element listed in the Annex to Implementing Regulation 2015/82
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C-529/19 Möbel Kraft v ML
Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Article 16(c) – Right of withdrawal – Exceptions – Goods made to the consumer’s specifications or clearly personalised – Goods which the trader has begun to produce
Request for a preliminary ruling from the Amtsgericht Potsdam
Language of the case: German
Case C-556/19 Eco TLC v Ministre de la Transition écologique et solidaire and Ministre de l’Économie et des Finances
Reference for a preliminary ruling – State aid – Article 107(1) TFEU – Concept of ‘State resources’ – Increased responsibility of producers – Eco-body approved by the public authorities to collect financial contributions from those who place on the market certain products in order to be able to fulfil, on their behalf, their legal obligation to treat waste from those products – Financial support paid by that eco-body to contractually bound sorting operators
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-720/18 and C-721/18 Ferrari v DU
Reference for a preliminary ruling – Approximation of laws – Trade marks – Directive 2008/95/EC – Article 12(1) – Genuine use of trade mark – Burden of proof – Article 13 – Proof of use ‘in respect of some of the goods or services’ – Trade mark covering a car model the production of which has stopped – Use of the trade mark in respect of replacement parts as well as for services relating to that model – Use of the trade mark for used vehicles – Article 351 TFEU – Convention between the Federal Republic of Germany and the Swiss Confederation – Reciprocal protection of patents, designs and trade marks
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-275/19 Sportingbet and Internet Opportunity Entertainment v Santa Casa da Misericórdia de Lisboa
Reference for a preliminary ruling – Procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services – Notion of ‘technical regulation’ – Obligation on Member States to notify the European Commission of all draft technical regulations – Technical regulations which have not been notified cannot be enforced against individuals – Inapplicability to service providers
Request for a preliminary ruling from the Supremo Tribunal de Justiça
Language of the case: Portuguese
Case C-702/19 P Silver Plastics and Johannes Reifenhäuser v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Retail food packaging market – Decision finding an infringement of Article 101 TFEU – Regulation (EC) No 1/2003 – Article 23 – Article 6 of the European Convention on Human Rights – Fundamental right to a fair trial – Principle of equality of arms – Right ‘to an examination in person’ – Hearing of witnesses – Statement of reasons – Single and continuous infringement – Upper limit of fine
Language of the case: German
Case C-521/18 Pegaso and Others v Poste Tutela
Reference for a preliminary ruling – Procurement in the water, energy, transport and postal services sectors – Directive 2014/25/EU – Article 13 – Activities relating to the provision of postal services – Contracting entities – Public undertakings – Admissibility
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-112/19 Marvin M. v Kreis Heinsberg
Reference for a preliminary ruling – Directive 2006/126/EC – Article 2(1) and Article 11(4) – Driving licence – Mutual recognition – Extent of the obligation to recognise – Driving licence having been the subject of an exchange – Exchange made at a time when the right to drive had been withdrawn by the issuing Member State – Fraud – Refusal to recognise the driving licence issued in the context of the exchange
Request for a preliminary ruling from the Verwaltungsgericht Aachen
Language of the case: German
Case C-321/19 BY and CZ v Bundesrepublik Deutschland (Determination of toll rates for the use of motorways)
Reference for a preliminary ruling – Directive 1999/62/EC – Directive 2006/38/EC – Charging of heavy goods vehicles for the use of certain infrastructures – Article 7(9) – Article 7a(1) and (2) – Tolls – Principle of the recovery of infrastructure costs – Infrastructure costs – Operating costs – Costs related to traffic police – Cost overrun – Direct effect – Ex post justification of an excessive toll rate – Limitation of the temporal effects of the judgment
Request for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen
Language of the case: German
Case C-608/19 INAIL v Zennaro Giuseppe Legnami
Reference for a preliminary ruling – State aid – Regulation (EU) No 1407/2013 – Article 3 – De minimis aid – Article 6 – Monitoring – Undertakings exceeding the de minimis ceiling because of cumulation with aid obtained previously – Option of choosing between reduction and forgoing previous aid so as to comply with the de minimis ceiling
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-637/19 BY v CX (Photographic evidence)
Reference for a preliminary ruling – Copyright and related rights – Directive 2001/29/EC – Information society – Harmonisation of certain aspects of copyright and related rights – Article 3(1) – Communication to the public – Notion of ‘public’ – Transmission by electronic means to a court of a protected work as evidence in court proceedings
Request for a preliminary ruling from the Svea Hovrätt – Patent- och marknadsöverdomstolen
Language of the case: Swedish
Case C-243/19 A v Veselības ministrija
Reference for a preliminary ruling – Social security – Regulation (EC) No 883/2004 – Article 20(2) – Directive 2011/24/EU – Article 8(1), (5) and (6)(d) – Health insurance – Hospital care provided in a Member State other than the Member State of affiliation – Refusal of prior authorisation – Hospital treatment which can be provided effectively in the Member State of affiliation – Article 21 of the Charter of Fundamental Rights of the European Union – Difference in treatment based on religion
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
Case C-576/19 P Intercept Pharma and Intercept Pharmaceuticals v EMA
Appeal – Access to documents of the institutions, bodies, offices or agencies of the European Union – Regulation (EC) No 1049/2001 – Second indent of Article 4(2) – Exception relating to the protection of court proceedings – First indent of Article 4(2) – Exception relating to the protection of commercial interests – Documents submitted in the context of a marketing authorisation application for a medicinal product for human use – Decision to grant a third party access to the documents
Language of the case: English
Information (on unpublished decisions)
Case C-157/19 P Makhlouf v Council
Appeal – Common foreign and security policy – Restrictive measures taken against the Syrian Arab Republic – Measures directed against influential businessmen and women engaged in activities in Syria – List of persons subject to the freezing of funds and economic resources – Inclusion of the appellant’s name – Action for annulment
Case C-158/19 P Othman v Council
Case C-159/19 P Syriatel Mobile Telecom v Council
Case C-260/19 P Bena Properties v Council
Case C-261/19 P Cham Holding v Council
Case C-348/19 P Drex Technologies v Council
Case C-349/19 P Almashreq Investment Fund v Council
Case C-350/19 P Souruh v Council
Case C-612/19 P CC v Parliament
Case C-113/20 Slovenský plynárenský priemysel v Finančné riaditeľstvo Slovenskej republiky
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Directive 90/435/EEC – Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States – Scope ratione temporis – Corporation tax relating to a period prior to the date of accession of a Member State to the European Union – Tax adjustment issued after the date of accession
Case C-158/20 P Whitehead and Evans v Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union – UK citizens residing in another EU Member State – 2019 European elections – Request made to Council of the European Union to postpone the European elections – Actions for failure to act – No locus standi – Action dismissed by the General Court as inadmissible – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-623/18 Prokuratura Rejonowa w Słubicach v BQ
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Interpretation of EU law required for the referring court to give judgment – None – Manifest inadmissibility
Case C-284/20 P Bergslagernas Järnvaru v EUIPO
Appeal – Community design – Whether appeals may be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-621/19 Finančné riaditeľstvo Slovenskej republiky v Weindel Logistik Service
Case C-201/20 P(R) Junqueras i Vies v Parliament
Appeal – Application for interim relief – Institutional law – Members of the European Parliament – Disqualification from holding office following a criminal conviction – Decision of the President of the European Parliament finding the seat to be vacant – Application for annulment – Fumus boni juris
Case C-394/19 PN and Others v CPAS d’Anderlecht
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court – Citizenship of the European Union – Right of EU citizens and their family members to move and reside freely within the territory of a Member State – Directive 2004/38/EC – Article 3 – Beneficiaries – Incorrect transposition – Liability of a Member State in the event of infringement of EU law – Grant of social assistance as compensation for the damage suffered – Manifest inadmissibility
Case C-313/20 P Abarca v EUIPO
Appeal – EU trade mark – Admission of appeals – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-447/19 P Close and Cegelec v Parliament
Appeal – Action for annulment – Public works contracts of the European Union – Tender procedure – Extension and refurbishment work on the Konrad Adenauer building in Luxembourg – Scope of the contracting authority’s obligation to inform the tenderer who has not been awarded the contract – Statement of reasons
Case C-813/18 P Deza v Commission
Appeal – Environment – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of substances and mixtures – Regulation (EU) 2017/776 – Classification of anthraquinone – Substance suspected to have carcinogenic potential for humans – Errors of interpretation and application of Regulation 1272/2008 and the principle of legal certainty – Distortion of the facts and of the evidence – Scope of review
Case C-396/19 P ECB v Espírito Santo Financial Group
Appeal – Decision 2004/258/EC – Article 4(1)(a) – Protocol on the Statute of the European System of Central Banks and of the European Central Bank (ECB) – Article 10.4 – Access to ECB documents – Decision of the Governing Council – Confidentiality of the meetings and deliberations of ECB bodies – Outcome of deliberations – Partial refusal of access – Undermining of the protection of the public interest – Obligation to state reasons
Case C-720/19 GR v Stadt Duisburg (Maintenance of rights acquired after naturalisation)
Reference for a preliminary ruling – EEC-Turkey Association Agreement – Decision No 1/80 – Article 7, first paragraph – Right of residence of family members of a Turkish worker legally employed in a Member State – Naturalisation of the family member concerned in the host Member State – Maintenance of the right of residence – Acquired rights
Case C-386/20 P eSky Group IP v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-273/19 P EKETA v Commission
Appeal – Arbitration clause – Regulation (EC, Euratom) No 1605/2002 – Article 52 – Regulation (EC) No 2321/2002 – Decision No 1513/2002/EC – Grant agreement – Sensation project – Sixth Framework Programme – Eligible costs – Conflict of interests – Burden of proof – Time sheets – Audit report – Probative value – Principle of sound financial management – Principle of proportionality
Case C-274/19 P EKETA v Commission
Appeal – Arbitration clause – Regulation (EC, Euratom) No 1605/2002 – Regulation (EC, Euratom) No 2342/2002 – Regulation (EC) No 1906/2006 – Actibio grant agreement – Actibio project – Seventh Framework Programme – Eligible costs – Conflict of interests – Burden of proof – Time sheets – Audit report – Probative value – Principle of proportionality
Case C-611/18 P Pirelli & C. v Commission
Appeal – Competition – Agreements, decisions and concerted practices – European market for power cables – Market allocation in connection with projects – Regulation (EC) No 1/2003 – Article 23(2) – Powers of the European Commission in the area of fines – Imputability of the infringement – Presumption of actual exercise of decisive influence – Obligation to state reasons – Fundamental rights – Beneficium ordinis seu excussionis – Unlimited jurisdiction
Case C-313/19 P Associazione GranoSalus v Commission
Appeal – Placing of plant protection products on the market – Regulation (EC) No 1107/2009 – Renewal of the approval of the active substance glyphosate – Implementing Regulation (EU) 2017/2324 – Action for annulment brought by an association – Admissibility – Article 263, fourth paragraph, TFEU – Regulatory act not entailing implementing measures – Person directly concerned
Case C-716/19 ZA and Others v Repsol Comercial de Productos Petrolíferos
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Competition – Final decision of a national competition authority finding a practice restricting competition – Scope of the probative value of the facts examined and found – Lack of sufficient details concerning the factual and regulatory context of the main proceedings and the reasons justifying the need to reply to the questions referred for a preliminary ruling – Manifest inadmissibility
Case C-84/20 P Sarantos and Others v Parliament and Council
Appeal – Article 181 of the Rules of Procedure of the Court – EU citizenship – Strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement – Regulation (EU) 2019/1157 – Action for annulment – Legal standing – Lack of individual concern – Article 19 of the Statute of the Court of Justice of the European Union – Obligation for a party to be represented by a lawyer – Applicant, also a lawyer, acting in his own name by signing the application himself, without engaging the services of a third-party lawyer to represent him – Appeal manifestly unfounded
Case C-304/20 P Kerry Luxembourg v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-305/20 P Kerry Luxembourg v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-307/20 P Peek & Cloppenburg v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-308/20 P Peek & Cloppenburg v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-310/20 P Peek & Cloppenburg v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-311/20 P Peek & Cloppenburg v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-312/20 P Peek & Cloppenburg v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
November 2020
Case C-644/18 Commission v Italy (Limit values – PM10)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and persistent exceedance of limit values for microparticles (PM10) in certain Italian zones and agglomerations – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures
Language of the case: Italian
Case C-809/18 P EUIPO v John Mills
Appeal – EU trade mark – Regulation (EC) No 207/2009 – Opposition proceedings – Relative ground for refusal – Article 8(3) – Scope – Identity or similarity of the mark applied for to the earlier mark – EU word mark MINERAL MAGIC – Application for registration by the agent or representative of the proprietor of the earlier mark – Earlier national word mark MAGIC MINERALS BY JEROME ALEXANDER
Language of the case: English
Case C-61/19 Orange Romania v ANSPDCP
Reference for a preliminary ruling – Directive 95/46/EC – Article 2(h) and Article 7(a) – Regulation (EU) 2016/679 – Article 4(11) and Article 6(1)(a) – Processing of personal data and protection of private life 20220737 – Collection and storage of the copies of identity documents by a provider of mobile telecommunications services – Concept of the data subject’s ‘consent’ – Freely given, specific and informed indication of wishes – Declaration of consent by means of a tick box – Signing of the contract by the data subject – Burden of proof
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
Case C-287/19 DenizBank v Verein für Konsumenteninformation
Reference for a preliminary ruling – Consumer protection – Directive (EU) 2015/2366 – Payment services in the internal market – Article 4(14) – Concept of ‘payment instrument’ – Personalised multifunctional bank cards – Near-field communication (NFC) functionality – Article 52(6)(a) and Article 54(1) – Information to be provided to users – Change in the conditions of a framework contract – Tacit consent – Article 63(1)(a) and (b) – Rights and obligations related to payment services – Derogation for low-value payment instruments – Conditions under which applicable – Payment instrument that does not allow its blocking – Payment instrument used anonymously – Limitation of the temporal effects of the judgment
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-300/19 UQ v Marclean Technologies
Reference for a preliminary ruling – Social policy – Collective redundancies – Directive 98/59/EC – Article 1(1), first subparagraph, (a) – Concept of ‘collective redundancies’ – Methods of calculating the number of redundancies – Reference period to take into account
Request for a preliminary ruling from the Juzgado de lo Social de Barcelona
Language of the case: Spanish
Case C-433/19 Ellmes Property Services v SP
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Jurisdiction, recognition and enforcement of judgments in civil and commercial matters – Article 24, point 1 – Exclusive jurisdiction in matters relating to rights in rem in immovable property – Article 7, point 1(a) – Special jurisdiction in matters relating to a contract – Legal action brought by a co-owner seeking an order that another co-owner cease the use, for touristic purposes, of immovable property subject to co-ownership
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-42/19 Sonaecom v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Value added tax (VAT) – Sixth Directive 77/388/EEC – Article 4 – Concept of ‘taxable person’ – Mixed holding company – Article 17 – Right to deduct input VAT – Input VAT paid by a mixed holding company in respect of consultancy services relating to a market study with a view to the possible acquisition of shareholdings in other companies – Abandonment of proposed acquisition – Input VAT paid on a bank commission for organising and putting together a bond loan, intended to provide subsidiaries with the necessary means to make investments – Investments not made
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-427/19 Bulstrad Vienna Insurance Group v Olympic Insurance Company
Reference for a preliminary ruling – Directive 2009/138/EC – Article 274 – Law applicable to winding-up proceedings with regard to insurance undertakings – Withdrawal of the authorisation of an insurance company – Appointment of a provisional liquidator – Concept of ‘decision to open winding-up proceedings with regard to an insurance undertaking’ – Absence of a court decision to open winding-up proceedings in the home Member State – Stay of court proceedings with regard to the insurance undertaking concerned in Member States other than its home Member State
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
Case C-734/19 ITH Comercial Timişoara v Agenţia Naţională de Administrare Fiscală - Direcţia Generală Regională a Finanţelor Publice Bucureşti and Administraţia Sector 1 a Finanţelor Publice
Request for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Deduction of input tax – Abandonment of the activity initially intended – Adjustment of deductions of input VAT – Real estate activity
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
Case C-796/19 Commission v Austria (Railway safety authority)
Failure of a Member State to fulfil obligations – Directive 2007/59/EC – Certification of train drivers – Article 3(a) – Competent national authority – Directive 2004/49/EC – Article 16(1) – Safety authority – Designation of several authorities
Language of the case: German
Case C-367/20 SP v KLM Royal Dutch Airlines
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Article 5(1)(c) – Article 7(1) – Right to compensation – Long delay in arrival – Flight reserved through a Community air carrier involving two flights, operated by different air carriers, departing from a third country for a Member State – Long delay which occurred during the first flight operated, under a code-share agreement, by an air carrier established in a third country – Action brought for compensation against the Community carrier
Request for a preliminary ruling from the Amtsgericht Hamburg
Language of the case: German
Case C-77/19 Kaplan International colleges UK v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(f) – Exemption of supplies of services made by independent groups of persons to their members – Applicability to VAT groups – Article 11 – VAT group
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Case C-147/19 Atresmedia Corporación de Medios de Comunicación v AGEDI and AIE
Reference for a preliminary ruling – Intellectual property – Rights related to copyright – Directive 92/100/EEC – Article 8(2) – Directive 2006/115/EC – Article 8(2) – Communication to the public of an audiovisual work incorporating a phonogram or a reproduction of a phonogram – Single equitable remuneration
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-299/19 Techbau v Azienda Sanitaria Locale AL
Reference for a preliminary ruling – Combating late payments in commercial transactions – Directive 2000/35/EC – Concept of ‘commercial transactions’ – Concepts of ‘delivery of goods’ and ‘provision of services’ – Article 1 and first subparagraph of Article 2(1) – Public works contract
Request for a preliminary ruling from the Tribunale ordinario di Torino
Language of the case: Italian
Case C-463/19 Syndicat CFTC du personnel de la Caisse primaire d’assurance maladie de la Moselle v Caisse primaire d’assurance maladie de Moselle
Reference for a preliminary ruling – Social policy – Directive 2006/54/EC – Equal opportunities and equal treatment of men and women in employment and occupation – Articles 14 and 28 – National collective agreement granting the right to leave following the statutory maternity leave for female workers who bring up their children on their own – Exclusion of male workers from the right to that leave – Protection of female workers as regards both the consequences of pregnancy and the condition of maternity – Conditions under which applicable
Request for a preliminary ruling from the Conseil de prud'hommes de Metz
Language of the case: French
Case C-519/19 Ryanair DAC v DelayFix
Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EU) No 1215/2012 – Contract of transport by air – Jurisdiction clause agreed to by the passenger as a consumer – Claim made by the passenger against the airline – Assignment of that claim to a collection agency – Enforceability of the jurisdiction clause by the airline against the assignee company of that passenger’s claim – Directive 93/13/EEC
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
Case C-663/18 Criminal proceedings against Ministère public and Conseil national de l'ordre des pharmaciens (Marketing of cannabidiol (CBD))
Reference for a preliminary ruling – Free movement of goods – Common organisation of the markets in the flax and hemp sector – Exceptions – Protection of public health – National legislation limiting the industrialisation and marketing of hemp solely to fibre and seeds – Cannabidiol (CBD)
Request for a preliminary ruling from the Cour d'appel d'Aix-En-Provence
Language of the case: French
Case C-93/19 P EEAS v Hebberecht
Appeal – Civil service – Officials – European External Action Service (EEAS) – Policy of rotating officials – Position of Head of the European Union Delegation to Ethiopia – Decision refusing to extend the assignment to that position – Interests of the service – Principle of equal treatment – Positive discrimination in favour of the under-represented sex – Article 1d of the Staff Regulations of Officials of the European Union
Language of the case: French
Case C-238/19 EZ v Bundesrepublik Deutschland (Military service and asylum)
Reference for a preliminary ruling – Area of freedom, security and justice – Asylum policy – Directive 2011/95/EU – Conditions for granting refugee status – Refusal to perform military service – Article 9(2)(e) – Law of the country of origin which does not provide for the right to conscience objection – Protection of persons who have fled their country of origin after the expiry of the period for suspending military service – Article 9(3) – Connection between the reasons mentioned in Article 10 of that directive and the prosecution and punishment referred to in Article 9(2)(e) of that directive – Evidence
Request for a preliminary ruling from the Verwaltungsgericht Hannover
Language of the case: German
Case C-454/19 Criminal proceedings against ZW
Reference for a preliminary ruling – Citizenship of the Union – Article 21 TFEU – Right to move and reside freely in the territory of the Member States – Criminal offence specifically concerning international child abduction – Restriction – Justification – Child protection – Proportionality
Request for a preliminary ruling from the Amtsgericht Heilbronn
Language of the case: German
Case C-775/19 5th AVENUE v Hauptzollamt Singen
Reference for a preliminary ruling – Customs union – Regulation (EEC) No 2913/92 – Community Customs Code – Article 29(1) and (3)(a) – Article 32(1)(c) and (5)(b) – Regulation (EEC) No 2454/93 – Article 157(2) – Customs valuation – Transaction value of imported goods – Concept of ‘condition of sale’ – Payment in return for the granting of an exclusive distribution right
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
Case C-59/19 Wikingerhof v Booking.com
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Jurisdiction – Article 7, points 1 and 2 – Special jurisdiction in matters relating to tort, delict or quasi-delict – Action seeking an injunction against commercial practices considered to be contrary to competition law – Allegation of abuse of a dominant position occurring in commercial practices covered by contractual provisions – Online accommodation booking platform booking.com
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Joined Cases C-225/19 and C-226/19 R.N.N.S. and K.A. v Minister van Buitenlandse Zaken
References for a preliminary ruling – Area of freedom, security and justice – Community Code on Visas – Regulation (EC) No 810/2009 – Article 32(1) to (3) – Decision to refuse a visa – Annex VI – Standard form – Statement of reasons – Threat to public policy, internal security or public health, or to the international relations of any of the Member States – Article 22 – Procedure of prior consultation of central authorities of other Member States – Objection to the issuing of a visa – Appeal against a decision to refuse a visa – Scope of judicial review – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy
Requests for a preliminary ruling from the Rechtbank Den Haag zittingsplaats Haarlem
Language of the case: Dutch
Case C-445/19 Viasat Broadcasting UK v TV2/Danmark and Denmark
Reference for a preliminary ruling – State aid – Public-service broadcaster – Article 106(2) TFEU – Services of general economic interest – Aid compatible with the internal market – Article 108(3) TFEU – Notification – Failure to notify – Recipient’s obligation to pay interest in respect of the period during which that aid was unlawful – Calculation of interest – Amounts to be included
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-510/19 Criminal proceedings against AZ (Forgery of documents)
Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 6(2) – Concept of ‘executing judicial authority’ – Article 27(2) – Rule of speciality – Article 27(3)(g) and 27(4) – Derogation – Prosecution for an ‘offence other’ than that for which surrendered – Consent of the executing judicial authority – Consent of the Public Prosecutor’s Office of the executing Member State
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
Case C-823/18 P Commission v GEA Group
Appeal – Agreements, decisions and concerted practices – European markets for tin-based heat stabilisers and for heat stabilisers with epoxised soybean oil and esters as their base – Price fixing, market allocation and exchange of commercially sensitive information – Application of the ceiling of 10% of turnover to one of the entities forming the undertaking – Annulment of the decision amending the fine imposed in the initial infringement decision – Fines – Concept of an ‘undertaking’ – Joint and several liability for payment of the fine – Principle of equal treatment – Date on which the fine is payable in the event of amendment
Language of the case: English
Case C-49/19 Commission v Portugal (Financing of universal service obligations)
Failure of a Member State to fulfil obligations – Electronic communications – Universal service and users’ rights relating to electronic communications networks and services – Directive 2002/22/EC – Networks and services – Article 13 – Financing of universal service obligations – Sharing mechanism – Principles of transparency, least market distortion, non-discrimination and proportionality
Language of the case: Portuguese
Case C-269/19 Banca B. v A.A.A.
Reference for a preliminary ruling – Consumer protection – Unfair terms in consumer contracts – Directive 93/13/EEC – Consequences of a term being found to be unfair – Replacement of the unfair term – Method for calculating the variable interest rate – Whether permissible – Referral of the parties to negotiations
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
Case C-302/19 Istituto nazionale della previdenza sociale v WS (Family benefits for the holder of a single permit)
Reference for a preliminary ruling – Directive 2011/98/EU – Rights for third country workers who hold single permits – Article 12 – Right to equal treatment – Social security – Legislation of a Member State excluding, for the purposes of determining entitlement to a family benefit, the family members of the holder of a single permit who do not reside in the territory of that Member State
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-303/19 Istituto nazionale della previdenza sociale v VR (Family benefits for long-term residents)
Request for a preliminary ruling – Directive 2003/109/EC – Status of third-country nationals who are long-term residents – Article 11 – Right to equal treatment – Social security – Legislation of a Member State excluding, for the determination of rights to a family benefit, the family members of a long-term resident who do not reside in the territory of that Member State
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-372/19 SABAM v Weareone.World and Wecandance
Reference for a preliminary ruling – Competition – Article 102 TFEU – Abuse of a dominant position – Concept of ‘unfair prices’ – Collective copyright-management company – De facto monopoly – Dominant position – Abuse – Performance of musical works at music festivals – Charging scheme based on gross receipts from ticket sales – Reasonableness in relation to the collective management company’s service – Determination of the share of the collective management company’s music repertoire actually performed
Request for a preliminary ruling from the Ondernemingsrechtbank Antwerpen
Language of the case: Dutch
Case C-799/19 NI and Others v Sociálna poisťovňa
Reference for a preliminary ruling – Social policy – Directive 2008/94/EC – Articles 2 and 3 – Protection of employees in the event of the insolvency of their employer – Concepts of ‘employees’ outstanding claims’ and ‘insolvency of an employer’ – Accident at work – Death of the employee – Compensation for non-material damage – Recovery of the claim against the employer – Impossible – Guarantee institution
Request for a preliminary ruling from the Okresný súd Košice I
Language of the case: Slovak
Case C-787/18 Skatteverket v Sögård Fastigheter
Reference for a preliminary ruling – National legislation providing for the adjustment of value added tax (VAT) deductions by a taxable person other than the person who initially applied the deduction – Sale by a company to individuals of a building let by that company and by the company which previously owned the building – End of liability to VAT upon the sale of the building to individuals
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
Case C-807/19 Proceedings brought by DSK Bank and FrontEx International
Reference for a preliminary ruling – Article 99 of the Rules of Procedure – Consumer protection – Directive 93/13/EEC – Articles 3 and 6 to 8 – Directive 2008/48/EC – Article 22 – Unfair terms in consumer contracts – Examination by the national court of its own motion – National order for payment procedure
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
Case C-835/19 Autostrada Torino Ivrea Valle D’Aosta v Presidenza del Consiglio dei Ministri and Others
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Award of concession contracts – Directive 2014/23/EU – Article 2(1), first subparagraph – Article 30 – Freedom of contracting authorities to establish and organise the procedure leading to the choice of concessionaire – National legislation prohibiting the use of project financing for motorway concessions
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Information (on unpublished decisions)
Joined Cases C-792/18 P and C-793/18 P Jalkh v Parliament
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Institutional law – Protocol on the Privileges and Immunities of the European Union – Articles 8 and 9 – Scope – Decision to waive parliamentary immunity – Conditions
Case C-382/19 P Pethke v EUIPO
Appeal – Civil Service – Official – Internal reorganisation of the services of the European Union Intellectual Property Office (EUIPO) – Redeployment – Article 7 of the Staff Regulations of Officials of the European Union – Covert penalty – Interests of the service – Equivalence of posts – Obligation to state reasons – Distortion of the facts – Psychological harassment – Article 12a of the Staff Regulations of Officials of the European Union
Case C-446/19 P Fleig v EEAS
Case C-676/19 P Gollnisch v Parliament
Appeal – Law governing the institutions – European Parliament – Rules governing the payment of expenses and allowances to Members of the European Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Effects of a judgment of the Court
Case C-842/19 Commission v Belgium (Income from foreign immovable property)
Failure of a Member State to fulfil obligations – Judgment of the Court establishing a failure to fulfil obligations – Non-compliance – Free movement of capital – Article 63 TFEU – Incompatibility of Belgian tax provisions concerning income from immovable property located abroad – Article 260(2) TFEU – Application for an order to pay a penalty payment and a lump sum
Case C-85/20 P Lazarus v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – State aid – Aid implemented by Hungary in favour of undertakings employing disabled workers – Alleged decisions of the European Commission declaring the measure compatible with the internal market – Action for annulment – Deadline for lodging an appeal – Starting point – Awareness of the existence of the contested measure – Reasonable time in which to request the full text thereof – Definition of ‘actionable measure’ within the meaning of Article 263 TFEU – Inadmissibility of the application at first instance – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-170/20 SC Novart Engineering v Unitatea Administrativ Teritorială Municipiul Tulcea
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Directive 89/665/EEC – Review procedures in respect of the award of public supply and public works contracts – Scope – Directive 2014/24/EU – Article 4 – Threshold amount for public contracts – Contracts which may have some cross-border interest – No information enabling a useful answer – Request manifestly inadmissible
Case C-446/20 P Katjes Fassin v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-371/19 Commission v Germany (VAT refund - Invoices)
Failure of a Member State to fulfil obligations – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 170 and Article 171(1) – VAT refund to taxable persons who are not established in the Member State in which they purchase goods and services or import goods subject to VAT but who are established in another Member State – Directive 2008/9/EC – Rules for the refund of VAT – Articles 9 and 10 – Article 15(1) – Article 20 – No copy of an invoice or an importation document – Systematic rejection of incomplete refund applications – Refusal to ask the taxable person to complete the application after the expiry of the time limit for submitting an application – Principle of fiscal neutrality – Principle of proportionality – Admissibility
Case C-191/20 P Vizzone v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Representation of the parties – Capacity as a lawyer – Person connected with a professional organisation that is not among the forms of professional organisations recognised by the Member State in question – Manifest inadmissibility
Case C-316/20 VO and Others v SATA International – Azores Airlines
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the General Court – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Article 3(3) – Scope – Not included – Passengers travelling for free or at a reduced fare not available directly or indirectly to the public
Case C-318/20 Colt Technology Services and Others v Ministero della Giustizia and Others
Reference for a preliminary ruling – Principle of non‑discrimination on grounds of nationality – National legislation on pricing of interception activities ordered by judicial authorities – Failure to take into account the principle of full reimbursement of the costs of telecommunications operators – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Lack of sufficient details concerning the factual and regulatory framework of the main proceedings and the reasons justifying the need to reply to the questions referred for a preliminary ruling – Manifest inadmissibility
Case C-418/20 P Scorify v EUIPO
Appeal – EU trade mark – Prior determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
December 2020
Case C-815/18 Federatie Nederlandse Vakbeweging v Van den Bosch Transporten and Others
Reference for a preliminary ruling – Directive 96/71/EC – Article 1(1) and (3) and Article 2(1) – Posting of workers in the framework of the provision of services – Drivers working in international road transport – Scope – Concept of ‘posted worker’ – Cabotage operations – Article 3(1), (3) and (8) – Article 56 TFEU – Freedom to provide services – Collective agreements declared universally applicable
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-461/18 P Changmao Biochemical Engineering v Distillerie Bonollo and Others
Appeal – Dumping – Imports of tartaric acid originating in China – Appeal brought by an intervener at first instance – Second sentence of the second paragraph of Article 56 of the Statute of the Court of Justice of the European Union – Partial interim review – Loss of market economy treatment during the review procedure – Modification of the definitive anti-dumping duty – Determination of the normal value – Article 11(9) of Regulation (EC) No 1225/2009 – Cross-appeal – Action for annulment brought by competing producers established in the European Union – Admissibility – Direct concern – Allocation of powers to comply with a judgment
Language of the case: English
Case C-44/19 Repsol Petróleo v Administración General del Estado
Reference for a preliminary ruling – Directive 2003/96/EC – Taxation of energy products and electricity – Article 21(3) – Absence of chargeable event giving rise to taxation – Consumption of energy products within the curtilage of an establishment in which they were produced for the production of final energy products from which non-energy products are also inevitably produced
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-62/19 Star Taxi App v Unitatea Administrativ Teritorială Municipiul Bucureşti prin Primar General and Consiliul General al Municipiului Bucureşti
Reference for a preliminary ruling – Article 56 TFEU – Applicability – Purely internal situation – Directive 2000/31/EC – Article 2(a) – Meaning of ‘Information Society services’ – Article 3(2) and (4) – Article 4 – Applicability – Directive 2006/123/EC – Services – Chapters III (Freedom of establishment for providers) and IV (Free movement of services) – Applicability – Articles 9 and 10 – Directive (EU) 2015/1535 – Article 1(1)(e) and (f) – Meaning of ‘rule on services’ – Meaning of ‘technical regulation’ – Article 5(1) – Failure to communicate in advance – Enforceability – Activity of connecting persons wishing to make urban journeys with authorised taxi drivers, by means of a smartphone application – Classification – National regulations subjecting that activity to prior authorisation
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
Case C-311/19 BONVER WIN v Ministerstvo financí ČR
Reference for a preliminary ruling – Freedom to provide services – Restrictions – National legislation prohibiting the operation of gambling in certain places – Applicability of Article 56 TFEU – Existence of a cross-border element
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-320/19 Ingredion Germany v Bundesrepublik Deutschland
Reference for a preliminary ruling – Environment – Directive 2003/87/EC – Greenhouse gas emission allowance trading scheme – Article 3(h) – New entrants – Article 10a – Transitional rules for free allocation of emission allowances – Decision 2011/278/EU – Article 18(1)(c) – Fuel-related activity level – Second subparagraph of Article 18(2) – Relevant capacity utilisation factor
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C-352/19 P Région de Bruxelles-Capitale v Commission
Appeal – Regulation (EC) No 1107/2009 – Placing of plant protection products on the market – Implementing Regulation (EU) 2017/2324 – Renewal of the approval of the active substance glyphosate – Article 263 TFEU – Standing to bring proceedings of a regional body – Whether directly concerned
Language of the case: French
Case C-767/19 Commission v Belgium (Markets in electricity and natural gas)
Failure of a Member State to fulfil obligations – Directives 2009/72/EC and 2009/73/EC – Internal market in electricity and natural gas – Effective separation between the operation of electricity and gas transmission networks, on the one hand, and supply and generation activities, on the other hand – Establishment of independent national regulatory authorities
Language of the case: French
Case C-620/18 Hungary v Parliament and Council
Action for annulment – Directive (EU) 2018/957 – Freedom to provide services – Posting of workers – Terms and conditions of employment – Remuneration – Duration of posting – Determination of the legal basis – Articles 53 and 62 TFEU – Amendment of an existing directive – Article 9 TFEU – Misuse of powers – Principle of non-discrimination – Necessity – Principle of proportionality – Extent of the principle of freedom to provide services – Road transport – Article 58 TFEU – Regulation (EC) No 593/2008 – Scope – Principles of legal certainty and legislative clarity
Language of the case: Hungarian
Case C-626/18 Poland v Parliament and Council
Action for annulment – Directive (EU) 2018/957 – Freedom to provide services – Posting of workers – Terms and conditions of employment – Remuneration – Duration of posting – Determination of the legal basis – Articles 53 and 62 TFEU – Amendment of an existing directive – Article 9 TFEU – Principle of non-discrimination – Necessity – Principle of proportionality – Regulation (EC) No 593/2008 – Scope – Road transport – Article 58 TFEU
Language of the case: Polish
Case C-584/19 Criminal proceedings against A and Others(Falsified transfer orders)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – European investigation order – Directive 2014/41/EU – Article 1(1) – Article 2(c)(i) and (ii) – Concepts of ‘judicial authority’ and ‘issuing authority’ – European investigation order issued by the public prosecutor’s office of a Member State – Independence from the executive
Request for a preliminary ruling from the Landesgericht für Strafsachen Wien
Language of the case: German
Case C-132/19 P Groupe Canal + v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Television distribution – Regulation (EC) No 1/2003 – Article 9 and Article 16(1) – Decision making commitments binding – Absolute territorial protection – Misuse of powers – Preliminary assessment – No obligation on the European Commission to take account of considerations relating to the application of Article 101(3) TFEU – Agreements intended to partition national markets – No obligation on the Commission to analyse the relevant national markets one by one – Proportionality – Adverse effect on the contractual rights of third parties
Language of the case: French
Case C-488/18 Finanzamt Kaufbeuren mit Außenstelle Füssen v Golfclub Schloss Igling
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(m) – Exemption for ‘certain services closely linked to sport or physical education’ – Direct effect – Concept of ‘non-profit-making organisations’
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-160/19 P Comune di Milano v Commission
Language of the case: Italian
Case C-616/19 M.S. and Others v Minister for Justice and Equality (Application for international protection in Ireland)
Reference for a preliminary ruling – Area of freedom, security and justice – Asylum policy – Procedure for granting and withdrawing refugee status – Directive 2005/85/EC – Article 25(2) – Grounds for inadmissibility – Rejection by one Member State of an application for international protection as inadmissible due to the earlier grant to the applicant of subsidiary protection in another Member State – Regulation (EC) No 343/2003 – Regulation (EU) No 604/2013
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
Case C-620/19 Land Nordrhein-Westfalen v D.-H. T.
Reference for a preliminary ruling – Personal data – Regulation (EU) 2016/679 – Article 23 – Restrictions to the data subject’s rights – Significant financial interest – Enforcement of civil law claims – National legislation referring to the provisions of EU law – Tax data concerning a legal person – Lack of jurisdiction of the Court
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-735/19 Euromin Holdings (Cyprus)
Request for a preliminary ruling – Company law – Directive 2004/25/EC – Takeover bid – first and second subparagraphs of Article 5(4) – Protection of minority shareholders – Mandatory bid – Method of calculating the value of shares in order to determine the equitable price – Power to adjust the equitable price – Exceptions to the standard method of calculation in circumstances and in accordance with criteria that are clearly determined – Liability of the Member State concerned – Damage suffered by the offeror as a result of an excessively high bid
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
Case C-774/19 A. B. and B. B. v Personal Exchange International
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Article 15(1) – Jurisdiction over consumer contracts – Concept of ‘consumer’ – Poker-playing contract concluded online between a natural person and an organiser of games of chance – Natural person earning a living from online poker games – Knowledge of that person – Regularity of the activity
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovenian
Joined Cases C-597/18 P, C-598/18 P, C-603/18 P and C-604/18 P Council v K. Chrysostomides & Co. and Others
Appeals – Economic and monetary policy – Stability support programme for the Republic of Cyprus – Restructuring of Cypriot debt – Decision of the Governing Council of the European Central Bank (ECB) relating to emergency liquidity assistance following a request from the Central Bank of the Republic of Cyprus – Euro Group statements of 25 March, 12 April, 13 May and 13 September 2013 – Decision 2013/236/EU – Memorandum of understanding on specific economic policy conditionality concluded between the Republic of Cyprus and the European Stability Mechanism (ESM) – Right to property – Principle of the protection of legitimate expectations – Equal treatment – Non-contractual liability of the European Union
Language of the case: English
Case C-693/18 CLCV and Others (Defeat device on diesel engines)
Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 715/2007 – Article 3(10) – Article 5(2) – Defeat device – Motor vehicles – Diesel engines – Pollutant emissions – Programme acting on the electronic engine controller – Technologies and strategies to limit the production of pollutant emissions
Request for a preliminary ruling from the Juge d'instruction du tribunal de grande instance de Paris
Language of the case: French
Case C-808/18 Commission v Hungary (Reception of applicants for international protection)
Failure of a Member State to fulfil obligations – Area of freedom, security and justice – Policies on border checks, asylum and immigration – Directives 2008/115/EC, 2013/32/EU and 2013/33/EU – Procedure for granting international protection – Effective access – Border procedure – Procedural safeguards – Compulsory placement in transit zones – Detention – Return of illegally staying third-country nationals – Appeals brought against administrative decisions rejecting the application for international protection – Right to remain in the territory
Language of the case: Hungarian
Case C-216/19 WQ v Land Berlin (Payment entitlements linked to the CAP)
Reference for a preliminary ruling – Common agricultural policy – Regulation (EU) No 1307/2013 – Rules for direct payments to farmers under support schemes – Basic payment scheme – First sentence of Article 24(2) – Concept of ‘eligible hectare at the farmer’s disposal’ – Unlawful use of the area concerned by a third party – Article 32(2)(b)(ii) – Application for activation of payment entitlements for an afforested area – Concept of ‘area which gave a right to payments in 2008’ – Single payment scheme or single area payment scheme
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C-218/19 Onofrei v Conseil de l’ordre des avocats au barreau de Paris and Others
Reference for a preliminary ruling – Free movement of persons – Freedom of establishment – Access to the profession of lawyer – Exemption from training and diploma requirements – Grant of the exemption – Conditions – National legislation providing for an exemption for category A civil servants and former category A civil servants or for persons treated as such with experience in the professional practice of national law, on national territory, in the national civil service of the Member State concerned or in an international organisation
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-316/19 Commission v Slovenia (ECB archives)
Failure of a Member State to fulfil obligations – Article 343 TFEU – Privileges and immunities of the European Union – Statute of the European System of Central Banks (ESCB) and of the European Central Bank (ECB) – Article 39 – Privileges and immunities of the ECB – Protocol on the privileges and immunities of the European Union – Articles 2, 18 and 22 – Principle of the inviolability of the archives of the ECB – Seizure of documents at the premises of the Central Bank of Slovenia – Documents connected to the performance of the tasks of the ESCB and of the Eurosystem – Article 4(3) TEU – Principle of sincere cooperation
Language of the case: Slovenian
Case C-336/19 Centraal Israëlitisch Consistorie van België and Others
Reference for a preliminary ruling – Protection of animals at the time of killing – Regulation (EC) No 1099/2009 – Article 4(1) – Obligation to stun animals before they are killed – Article 4(4) – Derogation in the context of ritual slaughter – Article 26(2) – Power of Member States to adopt national rules aimed at ensuring more extensive protection of animals in the case of ritual slaughter – Interpretation – National legislation requiring, in the case of ritual slaughter, stunning which is reversible and cannot cause death – Article 13 TFEU – Charter of Fundamental Rights of the European Union – Article 10 – Freedom of religion – Freedom to manifest religion – Limitation – Proportionality – Lack of consensus among the Member States of the European Union – Discretion afforded to Member States – Principle of subsidiarity – Validity – Differing treatment of ritual slaughter and the killing of animals during hunting or recreational fishing activities and cultural or sporting events – No discrimination – Articles 20, 21 and 22 of the Charter of Fundamental Rights
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
Case C-342/19 P De Masi and Varoufakis v ECB
Appeal – Access to European Central Bank (ECB) documents – Decision 2004/258/EC – Article 4(3) – Exceptions – Document received by the ECB – Opinion from an external service provider – Internal use as part of deliberations and preliminary consultations – Refusal to grant access
Language of the case: German
Case C-346/19 Bundeszentralamt für Steuern v Y
Reference for a preliminary ruling – Value added tax (VAT) – Refund of VAT – Directive 2008/9/EC – Article 8(2)(d) – Article 15 – Indication of number of the invoice – Refund application
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-398/19 Proceedings relating to the extradition of BY (Extradition to Ukraine)
Reference for a preliminary ruling – Citizenship of the European Union – Articles 18 and 21 TFEU – Extradition of a Union citizen to a third State – Person acquiring Union citizenship after transferring the centre of his or her interests to the Member State from which extradition is requested – Scope of EU law – Prohibition on extradition applied solely to own nationals – Restriction on freedom of movement – Justification based on the prevention of impunity – Proportionality – Information to the Member State of which the requested person is a national – Obligation on the Member State from which extradition is requested and the Member State of origin to ask the third State requesting extradition to send the criminal investigation file – No obligation
Request for a preliminary ruling from the Kammergericht Berlin
Language of the case: German
Case C-404/19 P France v Commission
Appeal – European Agricultural Guarantee Fund (EAGF) and European Agricultural Fund for Rural Development (EAFRD) – Implementing Decision (EU) 2017/2014 – Expenditure excluded from EU financing – Expenditure incurred by the French Republic – 100% flat-rate correction – Proportionality – European Commission Guidelines on the calculation of the financial corrections in the framework of the conformity and financial clearance of accounts procedures
Language of the case: French
Joined Cases C-431/19 P and C-432/19 P Inpost Paczkomaty and Inpost v Commission
Appeal – State aid – Article 106(2) TFEU – Services of general economic interest (SGEIs) – EU framework – Application to State aid in the form of public service compensation – Postal sector – Directive 97/67/EC – Article 7 – Compensation for the net cost arising from universal service obligations – Decision declaring the aid compatible with the internal market
Language of the case: Polish
Case C-449/19 WEG Tevesstraße v Finanzamt Villingen-Schwenningen
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Exemption for leasing and letting immovable property – National legislation exempting from VAT the supply of heat by an association of residential property owners to property owners belonging to that association
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
Joined Cases C-475/19 P and C-688/19 P Germany v Commission
Appeal – Approximation of laws – Regulation (EU) No 305/2011 – Harmonised conditions for the marketing of construction products – Harmonised standards and technical regulations – Harmonised standards EN 14342:2013, EN 14904:2006, EN 13341:2005 + A1:2011 and EN 12285-2:2005 – Action for annulment
Language of the case: German
Case C-490/19 Syndicat interprofessionnel de défense du fromage Morbier v Société Fromagère du Livradois
Reference for a preliminary ruling – Agriculture – Protection of geographical indications and designations of origin for agricultural products and foodstuffs – Regulation (EC) No 510/2006 – Regulation (EU) No 1151/2012 – Article 13(1)(d) – Practice liable to mislead the consumer as to the true origin of the product – Reproduction of the shape or appearance of a product which has a protected name – Protected designation of origin (PDO) ‘Morbier’
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-607/19 Husqvarna v Lidl Digital International
Reference for a preliminary ruling – EU trade marks – Regulation (EC) No 207/2009 – Article 51(1)(a) – Article 55(1) – Revocation of rights in an EU mark – EU mark which has not been put to genuine use within a continuous period of five years – Expiry of the period of five years – Date of assessment
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-656/19 BAKATI PLUS v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Exemptions on exportation – Article 146(1)(b) – Goods dispatched or transported outside the European Union by a customer not established within the territory of the Member State concerned – Article 147 – ‘Goods to be carried in the personal luggage of travellers’ not established within the European Union – Concept – Goods which have actually left the territory of the European Union – Proof – Refusal of the exemption on exportation – Principles of fiscal neutrality and proportionality – Tax evasion
Request for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bírósá
Language of the case: Hungarian
Case C-667/19 A.M. v E.M. (Labelling of cosmetic products)
Reference for a preliminary ruling – Approximation of laws – Cosmetic products – Regulation (EC) No 1223/2009 – Article 19 – Consumer information – Labelling – Information that must appear on the product container and packaging – Labelling in a foreign language – ‘Function of the cosmetic product’ – Concept – Cosmetic product packaging which contains a reference to a detailed product catalogue drafted in the language of the consumer
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
Case C-710/19 G. M. A. v Belgian State (Jobseekeer)
Reference for a preliminary ruling – Freedom of movement for persons – Article 45 TFEU – Citizenship of the Union – Directive 2004/38/EC – Right of residence for more than three months – Article 14(4)(b) – Jobseekers – Reasonable period of time to acquaint themselves with potentially suitable employment opportunities and take the necessary steps to obtain employment – Requirements imposed by the host Member State on the jobseeker during that period – Conditions governing the right of residence – Obligation to continue seeking employment and to have a genuine chance of being engaged
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-801/19 FRANCK v Ministarstvo financija
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Exemptions – Article 135(1)(b) and (d) – Definitions of ‘granting of credit’ and ‘other negotiable instruments’ – Complex transactions – Principal supply – Provision of funds in return for payment – Transfer of a bill of exchange to a factoring company and the money obtained to the issuer of the bill of exchange
Request for a preliminary ruling from the Upravni sud u Zagrebu
Language of the case: Croatian
Case C-354/20 PPU and C-412/20 PPU L and P (Independence of the issuing judicial authority)
References for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 6(1) – Surrender procedures between Member States – Conditions for execution – Charter of Fundamental Rights of the European Union – Second paragraph of Article 47 – Right of access to an independent and impartial tribunal – Systemic or generalised deficiencies – Concept of ‘issuing judicial authority’ – Taking into consideration developments after the issue of the European arrest warrant concerned – Obligation on the executing judicial authority to verify specifically and precisely whether there are substantial grounds for believing that the person concerned will run a real risk of breach of his or her right to a fair trial in the event of surrender
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-416/20 PPU TR v Generalstaatsanwaltschaft Hamburg
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4a(1) – Surrender procedures between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Mandatory execution – Sentence handed down in absentia – Absconding of the accused person – Directive (EU) 2016/343 – Articles 8 and 9 – Right to be present at the trial – Requirements in the event of a conviction in absentia – Verification upon surrender of the person sentenced
Request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg
Language of the case: German
Case C-328/20 Commission v Austria
Failure of a Member State to fulfil obligations – Application for leave to intervene – Third State, party to the Agreement on the European Economic Area, and EFTA Surveillance Authority – Grant of application for leave to intervene
Language of the case: German
Information (on unpublished decisions)
Joined Cases C-72/19 P and C-145/19 P Saleh Thabet and Others v Council
Appeal – Restrictive measures adopted in view of the situation in Egypt – Freezing of funds and economic resources – List of the persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicants’ names – Decision of an authority of a third State – Obligation of the Council of the European Union to verify that that decision was taken in accordance with the rights of the defence and the right to effective judicial protection – Obligation to state reasons
Joined Cases C-67/20 and C-68/20 Fedasil v M.M. and Others
Reference for a preliminary ruling – No need to adjudicate
Case C-99/20 Siebenburgisches Nugat v Direcţia Generală Regională a Finanţelor Publice Braşov and Agenţia Naţională de Administrare Fiscală
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Customs union – Common customs tariff – Combined nomenclature – Tariff headings – Subheading 8302 41 30 – Metal rail components for hanging curtains
Case C-259/20 P Barata v Parliament
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Certification procedure – 2016 promotion exercise – Exclusion of the appellant from the final list of officials entitled to take part in the training programme – Article 90(2) of the Staff Regulations of Officials of the European Union – Obligation to state reasons – Manifest error of assessment – Equal treatment – Rights of the defence
Case C-400/20 P Dermavita v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-455/18 P Spieker v EUIPO
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Representation of the parties in direct actions before the Courts of the European Union – Article 19 of the Statute of the Court of Justice – Lawyer – Third party status in relation to the applicant
Case C-298/20 P(R) Price v Council
Appeal – Order for interim relief – Area of freedom, security and justice – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Decision (EU) 2020/135 – Loss of EU citizenship – Loss of the right to vote – Municipal elections in the Member State of residence – Application for suspension of operation – No right to submit a reply – Examination of admissibility of the main action – Manifest inadmissibility of the main action
Case C-347/19 Commission v Spain (Energy efficiency)
Case C-220/20 XX v OO (Suspension of judicial activity)
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – State of national health emergency – Continuity of judicial activity – Postponement of hearings – Lack of sufficient details concerning the factual and regulatory context of the main proceedings and the reasons justifying the need for an answer to the reference for a preliminary ruling – Manifest inadmissibility
Case C-356/20 P AL v Commission
Appeal – Civil service – Special adviser – Mission to represent the European Union in an international partnership body – Mission subsequently entrusted to another person – Action for annulment and for damages – Infringement of the rights of the defence – Distortion of facts and evidence – Insufficient and contradictory statement of reasons – Appeal manifestly unfounded
Case C-71/16 P-DEP Zumex Group v Comercializadora Eloro
Taxation of costs
Case C-601/19 P BP v FRA
Appeal – Civil service – Members of the contract staff – European Union Agency for Fundamental Rights (FRA) – Fixed-term contract – Decision not to renew – New decision adopted following an annulment by the General Court – Irregularities allegedly committed during the implementation of the General Court judgment
Case C-849/19 Commission v Greece
Case C-114/20 P(R) Anglo Austrian AAB and Belegging-Maatschappij "Far-East" v ECB
Appeal – Interim order – Economic and monetary policy – Regulation (EU) No 1024/2013 – Prudential supervision of credit institutions – Conferral of specific tasks on the European Central Bank (ECB) – Decision to withdraw a credit institution’s authorisation
Case C-207/20 P(R) Anglo Austrian AAB and Belegging-Maatschappij "Far-East" v ECB
Appeal – Interim order – Economic and monetary policy – Regulation (EU) No 1024/2013 – Prudential supervision of credit institutions – Conferral of specific tasks on the European Central Bank (ECB) – Decision to withdraw a credit institution’s authorisation – New application
Case C-404/20 P Brands Up v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
January 2021
Case C-628/18 Commission v Slovenia (MiFID II)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Market in financial instruments – Directives 2014/65/EU and (EU) 2016/1034 – Failure to transpose and/or to notify transposition measures – Article 260(3) TFEU – Application for an order to pay a lump sum
Language of the case: Slovene
Case C-631/18 Commission v Slovenia
Failure of a Member State to fulfil obligations – Article 258 TFEU – Market for financial instruments – Delegated Directive (EU) 2017/593 – Failure to transpose and/or to notify transposition measures
Language of the case: Slovene
Case C-507/19 Bundesrepublik Deutschland v XT (Refugee status of a stateless person of Palestinian origin)
Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection – Directive 2011/95/EU – Article 12 – Exclusion from being a refugee – Stateless person of Palestinian origin registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) – Conditions to be entitled ipso facto to the benefits of Directive 2011/95 – Cessation of UNRWA protection or assistance
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-414/20 PPU Criminal proceedings against MM
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Surrender procedures between Member States – Article 6(1) and Article 8(1)(c) – European arrest warrant issued on the basis of a national measure putting a person under investigation – Concept of an ‘arrest warrant or any other enforceable judicial decision having the same effect’ – No national arrest warrant – Consequences – Effective judicial protection – Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-826/18 LB and Others v College van burgemeester en wethouders van de gemeente Echt-Susteren
Reference for a preliminary ruling – Aarhus Convention – Article 9(2) and (3) – Access to justice – No access to justice for the public other than the public concerned – Admissibility of the action subject to prior participation in the decision-making procedure
Request for a preliminary ruling from the Rechtbank Limburg
Language of the case: Dutch
Case C-63/19 Commission v Italy (Contribution towards the purchase of motor fuel)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive 2003/96/EC – Taxation of energy products and electricity – Articles 4 and 19 – Regional law adopted by the autonomous region of a Member State – Contribution towards the purchase of petrol and diesel subject to excise duties – Article 6(c) – Exemption from or reduction of excise duty – Concept of ‘refunding all or part of’ the amount of taxation – No evidence of a link between that contribution and excise duties
Language of the case: Italian
Joined Cases C-322/19 and C-385/19 KS and Others v The International Protection Appeals Tribunal and Others
References for a preliminary ruling – Border controls, asylum and immigration – International protection – Standards for the reception of applicants for international protection – Directive 2013/33/EU – Third-country national who has travelled from one Member State of the European Union to another, but who has applied for international protection only in the latter Member State – Decision to transfer to the first Member State – Regulation (EU) No 604/2013 – Access to the labour market as an applicant for international protection
Requests for a preliminary ruling from the High Court (Irlande) and International Protection Appeals Tribunal
Language of the case: English
Case C-387/19 RTS infra and Aannemingsbedrijf Norré-Behaegel v Vlaams Gewest
Reference for a preliminary ruling – Public procurement contracts – Directive 2014/24/EU – Article 57(6) – Optional grounds for exclusion – Measures taken by the economic operator to demonstrate its reliability despite the existence of an optional ground for exclusion – Obligation of the economic operator to provide evidence of such measures on its own initiative – Direct effect
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-393/19 Criminal proceedings against OM
Reference for a preliminary ruling – Article 17 of the Charter of Fundamental Rights of the European Union – Right to property – Article 47 of the Charter of Fundamental Rights – Right to an effective remedy – Framework Decision 2005/212/JHA – Confiscation of crime-related proceeds, instrumentalities and property – Directive 2014/42/EU – Freezing and confiscation of instrumentalities and proceeds of crime in the European Union – National legislation providing for the confiscation, for the benefit of the State, of property used to commit the offence of smuggling – Property belonging to a third party acting in good faith
Request for a preliminary ruling from the Apelativen sad - Plovdiv
Language of the case: Bulgarian
Case C-441/19 TQ v Staatssecretaris van Justitie en Veiligheid (Return of an unaccompanied minor)
Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/EC – Common standards and procedures in Member States for returning illegally staying third-country nationals – Article 5(a), Article 6(1) and (4), Article 8(1) and Article 10 – Return decision issued against an unaccompanied minor – Best interests of the child – Obligation for the Member State concerned to be satisfied, before the adoption of a return decision, that that minor will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the State of return – Distinction on the basis solely of the criterion of the age of the minor in order to grant a right of residence – Return decision not followed by removal measures
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats 's-Hertogenbosch
Language of the case: Dutch
Case C-450/19 Proceedings brought by Kilpailu- ja kuluttajavirasto
Reference for a preliminary ruling – Competition – Article 101 TFEU – Agreements, decisions and concerted practices – Manipulation of the bidding procedure – Determination of the duration of the infringement period – Inclusion of the period during which the cartel members implemented the anticompetitive agreement – Economic effects of anticompetitive behaviour – Cessation of the infringement on the definitive award of the contract
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-255/19 Secretary of State for the Home Department v O A
Reference for a preliminary ruling – Directive 2004/83/EC – Minimum standards for granting refugee status or subsidiary protection status – Refugee status – Article 2(c) – Cessation of refugee status – Article 11 – Change in circumstances – Article 11(1)(e) – Possibility of availing oneself of the protection of the country of origin – Criteria for assessment – Article 7(2) – Financial and social support – Irrelevant
Request for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber) London
Language of the case: English
Case C-288/19 QM v Finanzamt Saarbrücken
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Supplies of services for consideration – Article 26(1) – Transactions treated as supplies of services for consideration – Article 56(2) – Determination of the point of reference for tax purposes – Hiring of means of transport – Making cars available to employees
Request for a preliminary ruling from the Finanzgericht des Saarlandes
Language of the case: German
Case C-301/19 P Commission v Printeos
Appeal – Competition – Agreements, decisions and concerted practices – Decision finding infringement of Article 101 TFEU – Fines – Annulment – Repayment of the principal amount of the fine – Article 266 TFEU – Default interest – Distinction between default interest and compensatory interest – Calculation of interest – Article 90(4)(a), second sentence, of Delegated Regulation (EU) No 1268/2012
Language of the case: Spanish
Case C-420/19 Maksu- ja Tolliamet v Heavyinstall
Reference for a preliminary ruling – Directive 2010/24/EU – Article 16 – Recovery of claims relating to taxes, duties and other measures – Mutual assistance – Request for precautionary measures – Judicial decision of the applicant Member State for the purpose of implementing precautionary measures – Jurisdiction of the court of the requested Member State to assess and reassess the justification of those measures – Principles of mutual trust and of mutual recognition
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
Case C-484/19 Lexel v Skatteverket
Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Corporation tax – Taxation of associated companies – National tax legislation prohibiting a company which is established in one Member State from deducting interest paid to a company established in another Member State, belonging to the same group of companies, in the case where a substantial tax benefit is gained
Request for a preliminary ruling from Högsta förvaltningsdomstolen
Language of the case: Swedish
Case C-619/19 Land Baden-Württemberg v D.R. (Internal communications)
Reference for a preliminary ruling – Environment – Aarhus Convention – Directive 2003/4/EC – Public access to environmental information – ‘Stuttgart 21’ infrastructure project – Refusal of a request for environmental information – Article 4(1) – Grounds for refusal – Term ‘internal communications’ – Scope – Limitation in time of the protection of such communications
Request for a preliminary ruling from Bundesverwaltungsgericht
Language of the case: German
Case C-655/19 Administraţia Judeţeană a Finanţelor Publice Sibiu and Direcţia Generală Regională a Finanţelor Publice Braşov v LN
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2 – Article 9 – Concepts of ‘economic activity’ and ‘taxable person’ – Transactions which seek to obtain income from goods on a continuing basis – Acquisition by a creditor of immovable property in the context of an enforcement procedure carried out for the purpose of the recovery of loans secured by mortgage guarantees and the sale of those buildings – Simple exercise of the right of ownership by its holder
Request for a preliminary ruling from the Curtea de Apel Alba Iulia
Language of the case: Romanian
Case C-471/18 P Germany v Esso Raffinage
Appeal – Registration, evaluation and authorisation of chemicals – Regulation (EC) No 1907/2006 (REACH) – Articles 5 and 6 – General obligation to register substances – Articles 41 and 42 – Evaluation of registration dossiers and compliance check of information submitted by registrants – Declaration of non-compliance – Actionable measure – Interest in bringing proceedings – Locus standi – Respective competences of the European Chemicals Agency (ECHA) and national authorities – Obligation on ECHA to check the compliance of additional information submitted by registrants at its request – ECHA’s power to take an appropriate decision – Article 1 – Objective of protecting human health and the environment – Articles 13 and 25 – Use of animal testing – Promotion of alternative methods
Language of the case: English
Case C-761/18 P Leino-Sandberg v Parliament
Appeal – Access to documents of the EU institutions – Regulation (EC) No 1049/2001 – Article 10 – Refusal to grant access – Action before the General Court of the European Union against a decision by the European Parliament refusing to grant access to a document – Disclosure of the annotated document by a third party after the action was lodged – Order that there was no need to adjudicate pronounced by the General Court on the ground that was no longer any interest in bringing proceedings – Error of law
Language of the case: English
Case C-308/19 Consiliul Concurenţei v Whiteland Import Export
Reference for a preliminary ruling – Competition – Penalties imposed by the national competition authority – Limitation period – Actions interrupting the limitation period – National legislation precluding, after the initiation of an investigation, the possibility that subsequent action for the purpose of proceedings or investigation may interrupt the new limitation period – Principle that national law must be interpreted in conformity with EU law – Regulation (EC) No 1/2003 – Article 25(3) – Scope – Article 4(3) TEU – Article 101 TFEU – Principle of effectiveness
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
Case C-501/19 UCMR - ADA v Pro Management Insolv
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c), Article 24(1) and Article 25(a) – Taxable transactions – Fees for the public performance of musical works – Article 28 – Collective copyright management organisation – Collection of those fees in its own name and on behalf of copyright holders from end users
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
Case C-843/19 INSS v BT
Reference for a preliminary ruling – Social policy – Equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1) – Voluntary early retirement – Early retirement pension – Eligibility – Requirement for the pension amount to be received to be at least as much as the legal minimum amount – Proportion of workers of each sex excluded from the benefit of early retirement – Justification of a potential particular disadvantage to female workers – Social policy objectives of the Member State concerned
Request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña
Language of the case: Spanish
Case C-16/19 VL v Szpital Kliniczny im. dra J. Babińskiego Samodzielny Publiczny Zakład Opieki Zdrowotnej Krakowie
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 2(1) and (2)(a) and (b) – ‘Concept of discrimination’ – Direct discrimination – Indirect discrimination – Discrimination on grounds of disability – Difference in treatment within a group of workers with disabilities – Grant of an allowance to workers with disabilities who have submitted disability certificates after a date chosen by the employer – Exclusion of workers with disabilities who have submitted their certificates before that date
Request for a preliminary ruling from the Sąd Okręgowy w Krakowie
Language of the case: Polish
Joined Cases C-422/19 and C-423/19 Dietrich and Häring v Hessischer Rundfunk
Reference for a preliminary ruling – Economic and monetary policy – Article 2(1) and Article 3(1)(c) TFEU – Monetary policy – Exclusive competence of the European Union – Article 128(1) TFEU – Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank – Article 16, first paragraph – Concept of ‘legal tender’ – Effects – Obligation to accept euro banknotes – Regulation (EC) No 974/98 – Whether possible for Member States to impose limitations on payments by means of banknotes and coins denominated in euro – Conditions – Regional legislation precluding the payment in cash of a radio and television licence fee to a regional public broadcasting body
Requests for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-595/18 P The Goldman Sachs Group v Commission
Appeal – Competition – Agreements, decisions and concerted practices – European market for power cables – Market allocation in connection with projects – Regulation (EC) No 1/2003 – Article 23(2) – Attributability of unlawful conduct of one company to another company – Presumption of actual exercise of decisive influence – Entity controlling 100% of the voting rights associated with the shares of another company
Language of the case: English
Case C-764/18 Ayuntamiento de Pamplona v Orange España
Reference for a preliminary ruling – Authorisation of electronic communications networks and services – Municipal charge for the occupation or use of public land – Directive 2002/20/EC – Application to undertakings providing fixed telephony and Internet access services – Concepts of ‘electronic communications network’ and of ‘electronic communications services’ – Article 12 – Administrative charges – Article 13 – Fees for rights of use and rights to install facilities – Scope – Limitations on the Member States’ power to impose fees
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Joined Cases C-229/19 and C-289/19 Dexia Nederland v XXX and Z
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Articles 3(1), 4(1) and 6(1) – Assessment of the unfairness of contractual terms – Term fixing in advance the creditor’s potential advantage in the event of termination of the contract – Significant imbalance in the parties’ rights and obligations under the contract – Date on which the imbalance must be assessed – Finding that a term is unfair – Consequences – Replacement of an unfair term with a supplementary provision of national law
References for a preliminary ruling from the Gerechtshof te Amsterdam and Gerechtshof Den Haag
Language of the case: Dutch
Case C-361/19 De Ruiter v Minister van Landbouw, Natuur en Voedselkwaliteit
Reference for a preliminary ruling – Common agricultural policy – Support scheme for farmers – Regulation (EU) No 1306/2013 – Article 97(1) and Article 99(1) – Direct payments – Reductions and exclusions in the event of non-compliance with the cross-compliance rules – Determination of the year to be taken into account in order to calculate the percentage reduction – Proportionate, effective and dissuasive penalties – Implementing Regulation (EU) No 809/2014 – Article 73(4), first subparagraph, point (a)
Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
Case C-466/19 P Qualcomm and Qualcomm Europe v Commission
Appeal – Competition – Abuse of dominant position – Market for UMTS-compliant baseband chipsets – Regulation (EC) No 1/2003 – Article 18(3) – Decision to request information – Necessity of the information requested – Proportionality – Burden of proof – Self-incrimination
Language of the case: English
Case C-649/19 Criminal proceedings against IR (Letter of rights)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2012/13/EU – Articles 4 to 7 – Letters of Rights set out in Annexes I and II – Framework Decision 2002/584/JHA – Right to information in criminal proceedings – Letter of Rights on arrest – Right to be informed of the accusation – Right of access to the materials of the case – Person arrested on the basis of a European arrest warrant in the executing Member State
Request for a preliminary ruling from Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Information (on unpublished decisions)
Case C-320/20 P Vasilev v Bulgaria
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for damages brought against a Member State – Manifest lack of jurisdiction of the General Court of the European Union
Case C-108/19 Krakvet v Direcţia Generală Regională a Finanţelor Publice Bucureşti and Administraţia Fiscală pentru Contribuabili Nerezidenţi
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 33 – Determination of the place where taxable transactions are carried out – Supply of goods with transport – Supply of goods dispatched or transported by or on behalf of the supplier – Sale through a website – Contract for the carriage of goods concluded by the buyer with a company suggested by the supplier
Case C-280/19 P ERCEA v Aristoteleio Panepistimio Thessalonikis
Appeal – Arbitration clause – Minatran contract concluded under the Seventh Framework Programme – Eligible costs – Debit note issued by the ERCEA – Recovery of amounts advanced – Personnel costs and indirect expenditure relating to those personnel costs – Obligation to carry out work solely on the premises of the beneficiary of the grant – Supervision by the beneficiary – Normal practices of the beneficiary
Case C-744/19 Commission v Italy (Ionising radiation)
Failure of a Member State to fulfil obligations – Directive 2013/59/Euratom – Basic safety standards for protection against the dangers arising from exposure to ionising radiation – Article 106 – Failure to transpose within the prescribed period
Case C-769/19 Criminal proceedings against UC and TD (Deficiencies in the bill of indictment)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Judicial cooperation in criminal matters – Directive 2012/13/EU – Right to information in criminal proceedings – Article 6 – Right of suspects or accused persons to be informed of their rights – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Dealing with a case in a reasonable time – National legislation providing for the discontinuance of judicial proceedings in the case of a finding of deficiencies in the bill of indictment by the court – Remission of the matter to the public prosecutor’s office for a new bill of indictment to be drawn up – Admissibility
Case C-892/19 P Manea v CdT
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Member of the temporary staff – Fixed-term contract – Decision not to renew the contract – Withdrawal of the decision and adoption of a new decision refusing renewal with effect from the date of the first decision – Action for annulment and for damages – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-264/20 Airhelp v Austrian Airlines
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Article 5(3) – Right to compensation in the event of cancellation or long delay of flights – Concept of ‘extraordinary circumstances’ – Unexpected flight safety shortcomings – Collision with a foreign object – Damage to an aircraft due to the movement of another aircraft – Concept of ‘reasonable measures’ to redress an extraordinary circumstance or the consequences of such a circumstance – Re-routing
Case C-297/20 P Sabo and Others v Parliament and Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Environment – Directive (EU) 2018/2001 – Action for annulment – Inadmissibility – Persons not individually concerned – Aarhus Convention
Case C-401/20 P Leinfelder Uhren München v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-100/17 P-DEP Council v Gul Ahmed Textile Mills
Taxation of costs
Case C-706/19 P CCPL and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Competition – Agreements, decisions and concerted practices – Retail food packaging market – Appeal directed against the grounds – Appeal manifestly inadmissible
Case C-266/20 P ZU v EEAS
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Sick leave – Failure to attend a medical examination – Opinion of the medical service – Amendments made in the Human Resource Management information system – Acts not amenable to review – Decision on the classification of the absence following the failure to attend – Absence deducted from annual leave – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-293/20 A and M v Bezirkshauptmannschaft Kirchdorf
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Concept of a ‘court or tribunal’ – Primacy of EU law – Factual and legal context of the dispute in the main proceedings – Reasons justifying the need for an answer to the question referred for a preliminary ruling – Lack of sufficient information – Manifest inadmissibility
Case C-105/20 UF v Partena and Others
Case C-787/19 Commission v Austria (TVA - Travel agencies)
Failure of a Member State to fulfil obligations – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Articles 306 to 310 – Special scheme for travel agents – Application to all types of clients – National legislation excluding travel services that are provided to taxable persons who use those services for their business – Article 73 – Taxable amount – Determination of a taxable amount on a flat-rate basis for groups of services or for all services provided during the taxable period – Incompatibility
Case C-390/20 P HZ and OX v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for damages – Abstention on the part of national courts from making a request for a preliminary ruling to the Court of Justice – Failure by the European Union to introduce an effective remedy offering suitable redress for such an abstention – Appeal manifestly unfounded
Case C-626/20 P Kaminski v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
February 2021
Case C-481/19 DB v Consob
Reference for a preliminary ruling – Approximation of laws – Directive 2003/6/EC – Article 14(3) – Regulation (EU) No 596/2014 – Article 30(1)(b) – Market abuse – Administrative sanctions of a criminal nature – Failure to cooperate with the competent authorities – Articles 47 and 48 of the Charter of Fundamental Rights of the European Union – Right to remain silent and to avoid self-incrimination
Request for a preliminary ruling from the Corte costituzionale
Language of the case: Italian
Joined Cases C-155/19 and C-156/19 FIGC and Consorzio Ge.Se.Av. v De Vellis Servizi Globali
Reference for a preliminary ruling – Public procurement – Public procurement procedure – Directive 2014/24/EU – Article 2(1)(4) – Contracting authority – Bodies governed by public law – Concept – National sports federation – Meeting of needs in the general interest – Supervision of the federation’s management by a body governed by public law
References for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-555/19 Fussl Modestraße Mayr v SevenOne Media and Others
Reference for a preliminary ruling – Directive 2010/13/EU – Provision of audiovisual media services – Article 4(1) – Freedom to provide services – Equal treatment – Article 56 TFEU – Articles 11 and 20 of the Charter of Fundamental Rights of the European Union – Audiovisual commercial communication – National legislation prohibiting television broadcasters from inserting in their programmes broadcast throughout the national territory television advertisements whose broadcasting is limited to a regional level
Request for a preliminary ruling from the Landgericht Stuttgart
Language of the case: German
Case C-922/19 Stichting Waternet v MG
Reference for a preliminary ruling – Directive 97/7/EC – Article 9 – Directive 2011/83/EU – Article 27 – Directive 2005/29/EC – Article 5(5) – Annex I, point 29 – Unfair commercial practices – Concept of ‘inertia selling’ – Supply of drinking water
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-324/19 eurocylinder systems v Hauptzollamt Hamburg
Reference for a preliminary ruling – Common commercial policy – Anti-dumping duties – Regulation (EC) No 384/96 – Article 3(9) – Threat of material injury – Factors – Article 9(4) – Regulation (EC) No 926/2009 – Imports of certain seamless pipes and tubes of iron or steel originating in the People’s Republic of China – Invalidity
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C-640/19 Azienda Agricola Ambrosi Nicola Giuseppe and Others v AGEA and Ministero delle Politiche Agricole e Forestali
Reference for a preliminary ruling – Agriculture – Common organisation of markets – Regulation (EC) No 1234/2007 – Milk quotas – Surplus levies – Milk used to produce cheeses with a protected designation of origin (PDO) intended for export to non-EU countries – Exclusion – Article 32(a), Article 39(1) and (2)(a), Article 40(2) and Article 41(b) TFEU – Principles of proportionality and non‑discrimination – Validity
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-760/19 JCM Europe v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Combined Nomenclature – Tariff classification – Headings 8472 and 9031 – Bank note validator and cash boxes – Device intended to be integrated in a host device and connected to an external control centre – Implementing Regulation (EU) 2016/1760 – Validity
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Case C-903/19 DQ v Ministre de la Transition écologique et solidaire and Ministre de l'Action et des Comptes publics
Reference for a preliminary ruling – Civil service – Transfer of retirement pension rights – Staff Regulations of Officials of the European Union – Article 11 of Annex VIII – Officials and temporary staff reinstated in their national administration of origin after a period of non-active status and the performance of duties in an EU institution
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-56/19 P RFA International v Commission
Appeal – Dumping – Imports of ferro-silicon originating in Russia – Regulation (EC) No 1225/2009 – Article 11(9) and (10) – Rejection of applications for a refund of anti-dumping duties paid – Constructed export price – Assessment as to whether the anti-dumping duties have been reflected in the resale prices and subsequent selling prices in the European Union – Obligation to apply the same methodology as in the investigation which led to the imposition of the anti-dumping duty – Change in circumstances – Deduction of anti-dumping duties paid – Conclusive evidence
Language of the case: English
Case C-760/18 M.V.and Others v Organismos Topikis Aftodioikisis (Successive fixed-term contracts in the public sector)
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 5 – Measures to prevent abuse arising from the use of successive fixed-term employment contracts or relationships – Fixed-term employment contracts in the public sector – Successive contracts or extended initial contract – Equivalent legal measure – Absolute constitutional prohibition on the conversion of fixed-term employment contracts to contracts of indefinite duration – Obligation to interpret in conformity with EU law
Request for a preliminary ruling from the Monomeles Protodikeio Lasithiou
Language of the case: Greek
Joined Cases C-407/19 and C-471/19 Katoen Natie Bulk Terminals and General Services Antwerp v Belgische Staat and Middlegate Europe v Ministerraad
Reference for a preliminary ruling – Article 45 TFEU – Freedom of movement for workers – Article 49 TFEU – Freedom of establishment – Article 56 TFEU – Freedom to provide services – Carrying out of port activities – Dockers – Access to the profession and recruitment – Arrangements for the recognition of dockers – Dockers not part of the quota of workers provided for in national legislation – Limitation of the duration of the work contract – Mobility of dockers between different port areas – Workers carrying out logistical work – Safety certificate – Overriding reasons in the public interest – Safety in port areas – Protection of workers – Proportionality
References for a preliminary ruling from Raad van State and Grondwettelijk Hof
Language of the case: Dutch
Case C-77/20 Criminal proceedings against K. M. (Sanctions imposed on the master of a vessel)
Reference for a preliminary ruling – Common fisheries policy – Regulation (EC) No 1224/2009 – Control system for ensuring compliance with the rules of the common fisheries policy – Use on board a fishing vessel of equipment which is capable of automatically grading fish by size – Article 89 – Measures to ensure compliance – Article 90 – Criminal sanctions – Principle of proportionality
Request for a preliminary ruling from Court of Appeal (Ireland)
Language of the case: English
Case C-95/19 Agenzia delle Dogane v Silcompa
Reference for a preliminary ruling – Directive 76/308/EEC – Articles 6 and 8 and Article 12(1) to (3) – Mutual assistance for the recovery of certain claims – Excise duty payable in two Member States for the same transactions – Directive 92/12/EC – Articles 6 and 20 – Release of products for consumption – Falsification of the accompanying administrative document – Offence or irregularity committed in the course of movement of products subject to excise duty under a duty suspension arrangement – Irregular departure of products from a suspension arrangement – ‘Duplication of the tax claim’ relating to the excise duties – Review carried out by the courts of the Member State in which the requested authority is situated – Refusal of the request for assistance made by the competent authorities of another Member State – Conditions
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-673/19 M and Others v Staatssecretaris van Justitie en Veiligheid and T (Transfer to a Member State)
Reference for a preliminary ruling – Asylum and immigration – Directive 2008/115/EC – Articles 3, 4, 6 and 15 – Refugee staying illegally in the territory of a Member State – Detention for the purpose of transfer to another Member State – Refugee status in that other Member State – Principle of non-refoulement – No return decision – Applicability of Directive 2008/115
Request for a preliminary ruling from the Raad van State (Netherlands)
Language of the case: Dutch
Case C-389/19 P Commission v Sweden
Appeal – Regulation (EC) No 1907/2006 – Registration, evaluation, authorisation and restriction of chemicals – European Commission decision authorising certain uses of lead sulfochromate yellow and lead chromate molybdate sulfate red, substances listed in Annex XIV of that regulation – Substances of very high concern – Conditions of authorisation – Assessment of the lack of suitable alternatives
Language of the case: Swedish
Case C-403/19 Société Générale v Ministre de l'Action et des Comptes publics
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Corporation tax – Bilateral conventions for the avoidance of double taxation – Taxation of dividends distributed by a non-resident already subject to a levy in another Member State – Maximum amount of tax credit accorded – Legal double taxation
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-604/19 Gmina Wrocław v Dyrektor Krajowej Informacji Skarbowej (Transformation of the right of usufruct)
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(a) – Article 9(1) – Article 13(1) – Article 14(1) and (2)(a) – Concept of ‘supply of goods’ – Transformation of the right of perpetual usufruct into full immovable property ownership rights by operation of law – Municipality collecting fees for the transformation – Concept of ‘compensation’ – Concept of ‘taxable person acting as such’ – Exception – Bodies governed by public law which engage in activities or transactions as public authorities
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu
Language of the case: Polish
Case C-615/19 P Dalli v Commission
Appeal – Action for damages – Non-contractual liability of the European Union – Allegedly illegal conduct of the European Commission and the European Anti-Fraud Office (OLAF) – Termination of office of a Member of the Commission – Procedural rules governing the OLAF investigation – Opening of an investigation – Right to be heard – OLAF Supervisory Committee – Presumption of innocence – Assessment of the alleged damage
Language of the case: English
Case C-658/19 Commission v Spain (Personal Data Directive - criminal law)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2016/680 – Processing of personal data – Prevention, investigation, detection or prosecution of criminal offences – Failure to transpose and notify the transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum and a penalty payment
Language of the case: Spanish
Case C-689/19 P VodafoneZiggo Group v Commission
Appeal – Electronic communications networks and services – Directive 2002/21/EC, as amended by Directive 2009/140/EC – Consolidating the internal market for electronic communications – Article 7(3) and (7) – Draft measure made accessible by the national regulatory authority – Wholesale fixed access market in the Netherlands – Joint significant market power – Comments of the European Commission communicated to the national regulatory authority – Obligation for the national regulatory authority to take the utmost account of them – Scope – Article 263 TFEU – Action for annulment – Admissibility – Challengeable act – Article 47 of the Charter of Fundamental Rights of the European Union
Language of the case: English
Case C-712/19 Novo Banco v Junta de Andalucía
Reference for a preliminary ruling – Freedom of establishment Free movement of capital – Taxation Tax on customer deposits held by credit institutions – Tax deductions granted solely to institutions with their registered office or agencies in the territory of the Autonomous Community of Andalusia – Tax deductions granted solely for investments in projects carried out in that Autonomous Community – Common system of value added tax (VAT) Directive 2006/112/EC Article 401 Prohibition against levying other national taxes characterised as turnover taxes Concept of ‘turnover tax’ Essential characteristics of VAT None
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-772/19 Bartosch Airport Supply Services v Zollamt Wien
Reference for a preliminary ruling – Common Customs Tariff – Combined Nomenclature – Tariff classification – Tariff heading 8701 and Tariff heading 8705 – Interpretation – Aircraft tractor
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-804/19 BU v Markt24
Reference for a preliminary ruling – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Jurisdiction over individual contracts of employment – Provisions of Section 5 of Chapter II – Applicability – Contract entered into in a Member State for employment with a company established in another Member State – No work performed throughout the duration of the contract – Exclusion of the application of national rules of jurisdiction – Article 21(1)(b)(i) – Concept of the ‘place where or from where the employee habitually carries out his work’ – Contract of employment – Place of performance of the contract – Obligations of the employee towards his or her employer
Request for a preliminary ruling from the Landesgericht Salzburg
Language of the case: German
Case C-857/19 Slovak Telekom v Protimonopolný úrad Slovenskej republiky
Reference for a preliminary ruling – Competition – Article 102 TFEU – Abuse of a dominant position – Division of competences between the European Commission and the national competition authorities – Regulation (EC) No 1/2003 – Article 11(6) – National competition authorities relieved of their competence – Principle ne bis in idem – Article 50 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
Case C-940/19 Les Chirurgiens-Dentistes de France and Others v Ministre des Solidarités et de la Santé and Others
Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Article 4f(6) – National regulation – Allowing for the possibility of partial access to one of the professions covered by the mechanism for the automatic recognition of professional qualifications
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-129/20 XI v Caisse pour l'avenir des enfants (Employment at the time of birth)
Reference for a preliminary ruling – Social policy – Directive 2010/18/EU – Revised Framework Agreement on parental leave – National legislation making the grant of a right to parental leave subject to a condition of employment and to the mandatory affiliation in that regard of the worker to the social security scheme concerned on the date on which the child was born
Request for a preliminary ruling from the Cour de cassation du Grand-Duché de Luxembourg
Language of the case: French
Joined Cases C-14/21 and C-15/21 Sea Watch v Ministero delle Infrastrutture e dei Trasporti and Others
Reference for a preliminary ruling – Expedited procedure – Lack of effectiveness – Relationship with national proceedings for interim measures
Requests for a preliminary ruling from the Tribunale Amministrativo Regionale per la Sicilia
Language of the case: Italian
Information (on unpublished decisions)
Case C-637/18 Commission v Hungary (Limit values – PM10)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and persistent exceedance of limit values for microparticles (PM10) in certain Hungarian zones – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures
Case C-92/20 Rottendorf Pharma v Hauptzollamt Bielefeld
Reference for a preliminary ruling – Customs Union – Community Customs Code – Regulation (EEC) No 2913/92 – Second indent of Article 239(1) – Reimbursement of lawfully collected customs duties – Special situation – Issuance of an authorisation for release for free circulation – Invalidation of the authorisation and issue of an authorisation for inward processing with retroactive effect – Re-exporting goods outside of the EU territory – Failure to present goods to customs
Case C-701/19 P Pilatus Bank v ECB
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Appeal manifestly unfounded – Economic and monetary policy – Prudential supervision of credit institutions – Suspension measures taken by the national supervisory authority – Appointment of a contact person – Conditional communication with the European Central Bank (ECB) – Withdrawal of licence prior to the commencement of proceedings – Action for annulment – Inadmissibility – Absence of a sufficiently clear and precise summary of the pleas in law relied on before the General Court – Failure to demonstrate a legal interest in bringing proceedings – Incorrect classification as a preparatory act – Substitution of grounds
Case C-321/20 CdT v MIMR and HRMM
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Consumer protection – Temporal effects of a judgment – Directive 93/13/EEC – Unfair terms in consumer contracts – Powers of the national court when dealing with a term regarded as ‘unfair’ – Accelerated repayment term – Partial removal of the content of an unfair term – Principle of legal certainty – Obligation to interpret in conformity with EU law
Case C-763/18 P-INT Unipreus
Interpretation of an order – Manifest inadmissibility
Case C-755/19 T.H.C. v Commissaire général aux réfugiés et aux apatrides (Detention - Time limit for bringing proceedings)
Case C-329/20 Raiffeisen Bank International v UI and MB
Reference for a preliminary ruling – Competition – Prohibition of abuse of a dominant position – Unfair trading conditions – Mortgage loan agreement denominated in a foreign currency and concluded between a bank and the members of an undertaking – Act void – Time-barred legal proceedings – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Manifest inadmissibility – Content of the request for a preliminary ruling – Insufficient information concerning the reasons justifying the need to reply to the questions referred for a preliminary ruling
Case C-600/20 P Klose v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-378/20 Stadtapotheke E v Bezirkshauptmannschaft Linz-Land
Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 47 – Right to a fair trial – Application for a licence for a new pharmacy – Obligation to request an expert opinion from the chamber of pharmacists – Freedom to choose an occupation and right to engage in work – Freedom to conduct a business – Right to property – Conditions for the establishment of a new pharmacy – Proportionality – Failure to implement EU law – Article 53(2) and Article 94 of the Rules of Procedure of the Court – Clear lack of jurisdiction of the Court
March 2021
Case C-746/18 Criminal proceedings against H. K. (Conditions of access to data relating to electronic communications)
Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Directive 2002/58/EC – Providers of electronic communications services – Confidentiality of the communications – Limitations – Article 15(1) – Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights of the European Union – Legislation providing for the general and indiscriminate retention of traffic and location data by providers of electronic communications services – Access of national authorities to retained data for the purpose of investigations – Combating of crime in general – Authorisation given by the public prosecutor’s office – Use of data in criminal proceedings as evidence – Admissibility
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
Case C-824/18 A.B. and Others v Krajowa Rada Sądownictwa and Others (Appointment of judges to the Supreme Court – Actions)
Reference for a preliminary ruling – Article 2 and the second subparagraph of Article 19(1) TEU – Rule of law – Effective judicial protection – Principle of judicial independence – Procedure for appointment to a position as judge at the Sąd Najwyższy (Supreme Court, Poland) – Appointment by the President of the Republic of Poland on the basis of a resolution emanating from the National Council of the Judiciary – Lack of independence of that council – Lack of effectiveness of the judicial remedy available against such a resolution – Judgment of the Trybunał Konstytucyjny (Constitutional Court, Poland) repealing the provision on which the referring court’s jurisdiction is based – Adoption of legislation declaring the discontinuance of pending cases by operation of law and precluding in the future any judicial remedy in such cases – Article 267 TFEU – Option and/or obligation for national courts to make a reference for a preliminary ruling and to maintain that reference – Article 4(3) TEU – Principle of sincere cooperation ‐ Primacy of EU law – Power to disapply national provisions which do not comply with EU law
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-425/19 P Commission v Italy and Others
Appeal – State aid – Measures adopted by a consortium of banks governed by private law for the benefit of one of its members – Measures authorised by the Central Bank of the Member State – Concept of ‘State aid’ – Whether imputable to the State – State resources – Evidence supporting the conclusion that a measure is imputable – Distortion of elements of fact and of law – Decision declaring the aid incompatible with the internal market
Language of the case: Italian
Case C-220/19 Promociones Oliva Park v TEAR de la Comunidad Valenciana
Reference for a preliminary ruling – Directive 2008/118/EC – General arrangements for excise duty – Article 1(2) – Other indirect taxes on excise goods – Directive 2009/28/EC – Promotion of the use of energy from renewable sources – Article 1 and Article 3(1), (2) and (3)(a), the latter paragraph read in conjunction with Article 2(k) – Directive 2009/72/EC – Common rules for the internal market in electricity – Tax on the value of electricity production – Nature and structure of the tax – Electricity from renewable sources and electricity from non-renewable sources taxed in the same way
Request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Valenciana
Language of the case: Spanish
Joined Cases C-434/19 and C-435/19 Poste Italiane v Riscossione Sicilia SpA agente riscossione per la provincia di Palermo e delle altre provincie siciliane and Agenzia delle entrate - Riscossione v Poste Italiane
References for a preliminary ruling – State aid – Competition – Article 107(1) TFEU – Conditions under which applicable – Article 106(2) TFEU – Services of general economic interest – Management of the post-office account used for collection of the municipal real estate tax – Undertakings benefiting from special or exclusive rights granted by the Member States – Fees set unilaterally by the recipient undertaking – Abuse of dominant position – Article 102 TFEU – Inadmissibility
Requests for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-841/19 JL v Fogasa
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 2006/54/EC – Articles 2(1) and 4 – Equal pay for male and female workers – Framework agreement on part-time work – Clause 4 – Part-time workers, primarily female – National guarantee institution for the payment of outstanding claims of relevant workers against their insolvent employers – Ceiling on the payment of those claims – Amount of the ceiling reduced for part-time workers in accordance with the hours worked by the latter in relation to the hours worked by full-time workers – Principle of pro rata temporis
Request for a preliminary ruling from the Juzgado de lo Social de Madrid
Language of the case: Spanish
Case C-7/20 VS v Hauptzollamt Münster (Place where VAT is incurred)
Reference for a preliminary ruling – Customs union – Union Customs Code – Regulation (EU) No 952/2013 – Article 87(4) – Place where the customs debt is incurred – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1) – Articles 70 and 71 – Chargeable event and place where the import VAT becomes chargeable – Place where the tax debt is incurred – Finding of a failure to comply with an obligation imposed by EU customs legislation – Goods which were physically introduced into the customs territory of the Union in a Member State but entered the economic network of the Union in the Member State where that finding was made
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C-403/20 P CF and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court – Monetary Agreement between the European Union and the Principality of Andorra – Alleged negligence on the part of the European Commission regarding the contents of the agreement – Alleged negligence on the part of the Commission in monitoring the implementation of the agreement – Action for damages – Dismissal of the action – Causal link – None – Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded
Language of the case: Spanish
Case C-507/20 FGSZ v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 90 – Reduction of the taxable amount – Total or partial non-payment of the price – Debt which has become definitively irrecoverable – Limitation period regarding applications for a subsequent reduction in the taxable amount of VAT – Date on which time starts to run
Request for a preliminary ruling from the Pécsi Törvényszék
Language of the case: Hungarian
Case C-193/19 A v Migrationsverket
Reference for a preliminary ruling – Area of freedom, security and justice – Border controls, asylum and immigration – Convention implementing the Schengen Agreement – Consultation of the Schengen Information System (SIS) in the examination of an application for a residence permit made by a third-country national for whom an alert has been issued in the SIS for the purposes of refusing entry – Article 25(1) – Schengen Borders Code – Entry conditions for third-country nationals – Article 6(1) and (5) – Charter of Fundamental Rights of the European Union – Article 7 and Article 24(2) – Refusal to renew a residence permit for the purposes of family reunification on the ground that the applicant’s identity cannot be established with certainty
Request for a preliminary ruling from the Förvaltningsrätten i Malmö – Migrationsdomstolen
Language of the case: Swedish
Case C-362/19 P Commission v Fútbol Club Barcelona
Appeal – State aid – Aid granted to certain professional football clubs – Article 107(1) TFEU – Concept of ‘advantage’ – Aid scheme – Regulation (EU) 2015/1589 – Article 1(d) – Reduced tax rate – Non-profit entities – Less advantageous tax deduction – Effect – Cross-appeal – Articles 169 and 178 of the Rules of Procedure of the Court of Justice
Language of the case: Spanish
Joined Cases C-473/19 and C-474/19 Föreningen Skydda Skogen and Others v Länsstyrelsen i Västra Götalands län and Others
Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 12(1) – Directive 2009/147/EC – Conservation of wild birds – Article 5 – Forestry – Prohibitions intended to ensure the conservation of protected species – Plan for final felling of trees – Site hosting protected species
Requests for a preliminary ruling from the Vänersborgs tingsrätt, mark- och miljödomstolen
Language of the case: Swedish
Case C-581/19 Frenetikexito v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Supplies subject to VAT – Exemptions – Article 132(1)(c) – Provision of medical care in the exercise of the medical and paramedical professions – Nutrition monitoring and advice – Sports, physical well-being and fitness activities – Concepts of a single complex supply, a supply ancillary to the main supply, and independent supplies – Criteria
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
Case C-912/19 Agrimotion v Adama Deutschland
Reference for a preliminary ruling – Approximation of laws – Placing of plant protection products on the market – Regulation (EC) No 1107/2009 – Article 52(1) – Parallel trade permit – Personal nature of that permit
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-947/19 P Liaño Reig v SRB
Appeal – Economic and monetary union – Banking union – Recovery and resolution of credit institutions and investment firms – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution procedure – Adoption of a resolution scheme in respect of Banco Popular Español SA – Regulation (EU) No 806/2014 – Article 24 – Sale of business tool – Article 21 – Write-down and conversion of capital instruments – Tier 2 instruments – Action for annulment – Partial annulment – Not severable – Inadmissibility
Language of the case: Spanish
Case C-344/19 D. J. v Radiotelevizija Slovenija (Period of stand-by time in a remote location)
Reference for a preliminary ruling – Protection of the safety and health of workers – Organisation of working time – Directive 2003/88/EC – Article 2 – Concept of ‘working time’ – Stand-by time according to a stand-by system – Specific work maintaining television transmitters situated far away from residential areas – Directive 89/391/EEC – Articles 5 and 6 – Psychosocial risks – Obligation to prevent
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
Case C-392/19 VG Bild-Kunst v Stiftung Preußischer Kulturbesitz
Reference for a preliminary ruling – Intellectual property – Copyright and related rights in the information society – Directive 2001/29/EC – Article 3(1) – Concept of ‘communication to the public’ – Embedding, in a third party’s website, of a copyright-protected work by means of the process of framing – Work freely accessible with the authorisation of the copyright holder on the licensee’s website – Clause in the exploitation agreement requiring the licensee to introduce effective technological measures against framing – Lawfulness – Fundamental rights – – Article 11 and Article 17(2) of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-580/19 RJ v Stadt Offenbach am Main (A firefighter's period of stand-by time)
Reference for a preliminary ruling – Protection of the safety and health of workers – Organisation of working time – Directive 2003/88/EC – Article 2 – Concept of ‘working time’ – Period of stand-by time according to a stand-by system – Professional firefighters – Directive 89/391/EEC – Articles 5 and 6 – Psychosocial risks – Obligation to prevent
Request for a preliminary ruling from the Verwaltungsgericht Darmstadt
Language of the case: German
Case C-365/19 FD v Staatliches Amt für Landwirtschaft und Umwelt Mittleres Mecklenburg
Reference for a preliminary ruling – Common agricultural policy – Direct payments – Regulation (EU) No 1307/2013 – Article 24 – Young farmer having received an initial allocation of payment entitlements – Article 30(6) – Delegated Regulation (EU) No 639/2014 – Article 28(2) – Further allocation of payment entitlements from the national reserve
Request for a preliminary ruling from the Verwaltungsgericht Schwerin
Language of the case: German
Case C-572/19 P Ertico - ITS Europe v Commission
Appeal – State aid – Seventh Framework Programme for research, technological development and demonstration activities – Recommendation 2003/361/EC – Decision of the Validation Panel of the European Commission on classification as a micro, small or medium-sized enterprise (SME) – Decision 2012/838/EU, Euratom – Annex – Sections 1.2.6 and 1.2.7 – Request for review – Regulation (EC) No 58/2003 – Article 22 – No administrative proceedings – Link between request for review and administrative proceedings – Refusal of SME status despite formal observance of the Recommendation 2003/361 criteria – Legal certainty – Legitimate expectations – Handicaps usually faced by SMEs – None
Language of the case: English
Case C-708/19 Von Aschenbach & Voss v Hauptzollamt Duisburg
Reference for a preliminary ruling – Definitive anti-dumping duty – Aluminium foil originating in China – Slightly modified aluminium foil – Implementing Regulation (EU) 2017/271 – Admissibility – No action for annulment brought by the applicant in the main proceedings – Locus standi in an action for annulment
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C-739/19 VK v An Bord Pleanála
Reference for a preliminary ruling – Lawyers’ freedom to provide services – Directive 77/249/EEC – Article 5 – Obligation for a visiting lawyer representing a client in domestic legal proceedings to work in conjunction with a lawyer who practises before the judicial authority in question – Limits
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
Case C-941/19 Samohýl group v Generální ředitelství cel
Reference for a preliminary ruling – Common Customs Tariff – Tariff classification – Combined Nomenclature – Tariff headings 3004 and 3808 – Interpretation – Regulation (EC) No 455/2007 – Spot-on solution for cats against infestations of fleas and ticks – Therapeutic or prophylactic effects
Request for a preliminary ruling from the Krajský soud v Ostravě
Language of the case: Czech
Case C-949/19 M.A. v Konsul Rzeczypospolitej Polskiej w N.
Reference for a preliminary ruling – Border controls, asylum and immigration – Visa policy – Convention implementing the Schengen Agreement – Article 21(2a) – Charter of Fundamental Rights – Article 47 – Right to an effective remedy – Refusal of a long-stay visa by the consul – Obligation on a Member State to guarantee a remedy before a tribunal against a decision refusing such a visa
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-96/20 Ordine Nazionale dei Biologi and Others v Presidenza del Consiglio dei Ministri
Reference for a preliminary ruling – Public health – Article 168 TFEU – Directive 2002/98/EC – Standards of quality and safety of human blood and of blood components – Objective of ensuring a high level of protection of human health – Article 4(2) and Article 9(2) – Blood establishments – Responsible person – Minimum conditions of qualification – Option for a Member State to provide for a more stringent regime – Discretion afforded to the Member States
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-648/20 PPU PI
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 8(1)(c) – European arrest warrant issued by the public prosecutor’s office of a Member State for the purposes of a criminal prosecution on the basis of a detention order issued by the same authority – No judicial review prior to surrender of the requested person – Consequences – Effective judicial protection – Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Westminster Magistrates’ Court
Language of the case: English
Case C-400/19 Commission v Hungary (Profit margins)
Failure of a Member State to fulfil obligations – Common organisation of the markets in agricultural products – Regulation (EU) No 1308/2013 – Article 34 TFEU – Selling prices of agri-food products – Minimal profit margins to be applied in the retail trade of those products
Language of the case: Hungarian
Case C-802/19 Firma Z v Finanzamt Y
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 90(1) – Reduction of the taxable amount – Principles laid down in the judgment of 24 October 1996, Elida Gibbs (C‑317/94, EU:C:1996:400) – Supplies of medicinal products – Granting of discounts – Hypothetical nature of the question referred – Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-812/19 Danske Bank v Skatteverket
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 9 – Taxable person – Concept – Article 11 – VAT group ‐Principal establishment and branch of a company situated in two different Member States – Principal establishment forming part of a VAT group to which the branch does not belong – Principal establishment providing services to the branch and imputing to it the costs of those services
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
Case C-112/20 M. A. v Belgian State (Return of the parent of a minor)
Reference for a preliminary ruling – Directive 2008/115/EC – Article 5 – Return decision – Father of a minor child who is a citizen of the European Union – Taking into account the best interests of the child at the time of the adoption of the return decision
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-562/19 P Commission v Poland
Appeal – Article 107(1) TFEU – State aid – Polish tax on the retail sector – Article 108(2) TFEU – Decision to initiate the formal investigation procedure
Language of the case: Polish
Case C-596/19 P Commission v Hungary
Appeal – Article 107(1) TFEU – State aid – Hungarian tax on turnover linked to advertisements – Information used to determine the reference system – Progressivity of tax rates – Transitional measure for the partial deductibility of losses carried forward – Existence of a selective advantage – Burden of proof
Language of the case: Hungarian
Case C-459/19 Commissioners for Her Majesty's Revenue & Customs v Wellcome Trust
Reference for a preliminary ruling – Harmonisation of fiscal legislation – Value added tax (VAT) – Directive 2006/112/EC – Articles 43 and 44 – Place of supply of services to a taxable person acting as such – Place of supply of investment management services received by a charitable organisation for a non-economic business activity from suppliers established outside the European Union
Request for a preliminary ruling from the Upper Tribunal T(ax and Chancery Chamber)
Language of the case: English
Case C-488/19 JR (Arrest warrant – Conviction in a third State, Member of the EEA)
Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Scope – Article 8(1)(c) – Concept of ‘enforceable judgment’ – Offence giving rise to a conviction by a court of a third State – Kingdom of Norway – Judgment recognised and enforced by the issuing State by virtue of a bilateral agreement – Article 4(7)(b) – Grounds for optional non-execution of the European arrest warrant – Extra-territorial offence
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
Case C-585/19 Academia de Studii Economice din Bucureşti v Organismul Intermediar pentru Programul Operaţional Capital Uman
References for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Directive 2003/88/EC – Article 2 – Definition of ‘working time’ – Article 3 – Minimum period of daily rest – Workers having concluded several employment contracts with the same employer – Application by worker
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
Case C-652/19 KO v Consulmarketing
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Objective reasons justifying different treatment of fixed-term workers – Directive 98/59/EC – Collective redundancy – National legislation on the protection to be afforded to a worker dismissed as part of an unlawful collective redundancy – Application of a less advantageous protection system to fixed-term contracts concluded before its entry into force and converted into contracts of an indefinite duration after that date
Request for a preliminary ruling from the Tribunale di Milano
Language of the case: Italian
Case C-900/19 One Voice and Ligue pour la protection des oiseaux v Ministre de la Transition écologique et solidaire
Reference for a preliminary ruling – Environment – Directive 2009/147/EC – Conservation of wild birds – Articles 5 and 8 – Prohibition of the use of any method of capture of birds – Article 9(1) – Authorisation to use, by way of derogation, a traditional method of capture of birds – Conditions – No other satisfactory solution – Preservation of that traditional method as the sole justification for the absence of an ‘other satisfactory solution’ – Selectivity of catches – National legislation authorising the capture of birds using limes
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-64/20 UH v An tAire Talmhaíochta Bia agus Mara and Others
Reference for a preliminary ruling – Article 288 TFEU – Directive 2001/82/EC – Community code relating to veterinary medicinal products – Articles 58, 59 and 61 – Information to be provided on outer packaging, immediate packaging and the package leaflet for veterinary medicinal products – Obligation to provide information in all the official languages of the Member State in which the product is marketed – National legislation providing that the information may be provided in one or other of the official languages of the Member State – National court hearing an action for a declaration that the Member State had failed correctly to transpose Directive 2001/82/EC and that the competent national authorities must amend the national legislation
Request for a preliminary ruling from An Ard-Chúirt
Language of the case: Irish
Case C-388/19 MK v Autoridade Tributária e Aduaneira (Tax on capital gains from property)
Reference for a preliminary ruling – Direct taxation – Tax on capital gains from immovable property – Free movement of capital – Basis for assessment of tax – Discrimination – Option to be taxed according to the same arrangements as residents – Compliance with EU law
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
Case C-440/19 P Pometon v Commission
Appeal – Agreements, decisions and concerted practices – European steel abrasives market – Participation in bilateral and multilateral contacts with the aim of coordinating prices throughout the European Economic Area (EEA) – ‘Hybrid’ procedure having led successively to the adoption of a settlement decision and a decision made under the ordinary procedure – Charter of Fundamental Rights of the European Union – Article 41 – Principle of impartiality of the European Commission – Article 48 – Presumption of innocence – Obligation to state reasons – Single and continuous infringement – Duration of the infringement – Equal treatment – Unlimited jurisdiction
Language of the case: Italian
Case C-578/19 X v Kuoni Travel
Reference for a preliminary ruling – Directive 90/314/EEC – Article 5(2), third indent – Package travel, package holidays and package tours – Contract concerning package travel concluded between a travel organiser and a consumer – Liability of the travel organiser for the proper performance of obligations arising from the contract by other suppliers of services – Damage resulting from the acts of an employee of a supplier of services – Exemption from liability – Event that cannot be foreseen or forestalled by the travel organiser or the supplier of services – Concept of a ‘supplier of services’
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
Case C-895/19 A. v Dyrektor Krajowej Informacji Skarbowej (Exercise of the right of deduction)
Reference for a preliminary ruling – Indirect taxation – VAT – Directive 2006/112/EC – Intra-Community acquisition of goods – Deduction of input tax payable on such an acquisition – Procedural requirements – Substantive requirements – Period within which the tax declaration must be submitted – Principles of fiscal neutrality and proportionality
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Gliwicach
Language of the case: Polish
Case C-48/20 P v Dyrektor Izby Skarbowej w B. (Fuel cards)
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 203 – Taxes improperly invoiced – Good faith on the part of the issuer of the invoice – Risk of loss of tax revenue – Obligations of the Member States to provide for the possibility of adjusting tax improperly invoiced – Principles of fiscal neutrality and proportionality
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-28/20 Airhelp v Scandinavian Airlines System Denmark – Norway – Sweden
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(3) – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Exemption from the obligation to pay compensation – Concept of ‘extraordinary circumstances’ – Pilots’ strike organised within a legal framework – Circumstances that are ‘internal’ and ‘external’ to the operating air carrier’s activity – Articles 16, 17 and 28 of the Charter of Fundamental Rights of the European Union – No impairment of the air carrier’s freedom to conduct a business, right to property and right of negotiation
Request for a preliminary ruling from the Attunda tingsrätt
Language of the case: Swedish
Case C-771/19 NAMA and Others v AEPP and Attiko Metro
Reference for a preliminary ruling – Procurement contracts in the water, energy, transport and telecommunications sectors – Directive 92/13/EEC – Review procedures – Pre-contractual stage – Assessment of bids – Rejection of a technical bid and acceptance of the bid of a competitor – Suspension of the implementation of that measure – Legitimate interest of the unsuccessful tenderer in challenging the legality of the bid of the successful tenderer
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
Joined Cases C-870/19 and C-871/19 Prefettura Ufficio territoriale del governo di Firenze v MI and TB
Reference for a preliminary ruling – Approximation of laws – Recording equipment in road transport – Regulation (EEC) No 3821/85 – Article 15(7) – Regulation (EC) No 561/2006 – Control proceedings – Administrative penalty – Failure to produce the record sheets for the tachograph relating to the current day and the previous 28 days – Single or multiple infringement
Requests for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-950/19 Proceedings brought by A
Reference for a preliminary ruling – Company law – Directive 2006/43/EC – Statutory audit of annual and consolidated accounts – Article 22a(1)(a) – Recruitment of a statutory auditor by an audited entity – Waiting period – Prohibition on taking up a key management post in the audited entity – Infringement – Gravity and duration of the infringement – Expression ‘taking up a post’ – Scope – Conclusion of an employment contract with the audited entity – Independence of statutory auditors – External appearance
Request for a preliminary ruling from the Helsingin hallinto-oikeus
Language of the case: Finnish
Case C-603/20 PPU SS v MCP
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Article 10 – Jurisdiction in matters of parental responsibility – Abduction of a child – Jurisdiction of the courts of a Member State – Territorial scope – Removal of a child to a third State – Habitual residence acquired in that third State
Request for a preliminary ruling from the High Court of Justice (England and Wales), Family Division
Language of the case: English
Case C-591/16 P Lundbeck v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Pharmaceutical products – Market for antidepressants (citalopram) – Settlement agreements relating to disputes concerning process patents concluded by a manufacturer of originator medicines who is the holder of those patents and manufacturers of generic medicines – Article 101 TFEU – Potential competition – Restriction by object – Characterisation – Calculation of the amount of the fine – Sales directly or indirectly related to the infringement
Language of the case: English
Case C-611/16 P Xellia Pharmaceuticals and Alpharma v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Pharmaceutical products – Market for antidepressants (citalopram) – Settlement agreements relating to disputes concerning process patents concluded by a manufacturer of originator medicines who is the holder of those patents and manufacturers of generic medicines – Article 101 TFEU – Potential competition – Restriction by object – Characterisation – Calculation of the amount of the fine – Rights of the defence – Reasonable time – Loss of documents due to the passage of time – General duty of care – Regulation (EC) No 1/2003 – Second subparagraph of Article 23(2) – Maximum amount of the fine – Taking into account the business year preceding that in which the European Commission’s decision was adopted – Last full year of normal economic activity
Language of the case: English
Case C-501/18 BT v Balgarska Narodna Banka
Reference for a preliminary ruling – Deposit-guarantee schemes – Directive 94/19/EC – Article 1(3)(i) – Article 7(6) – Article 10(1) – Concept of ‘unavailable deposit’ – Determination of unavailability of deposits – Competent authority – Depositor’s rights to compensation – Contractual clause contrary to Directive 94/19 – Principle of primacy of Union law – European System of Financial Supervision – European Banking Authority (EBA) – Regulation (EU) No 1093/2010 – Article 1(2) – Article 4(2)(iii) – Article 17(3) – EBA recommendation to a national banking authority on measures to comply with Directive 94/19 – Legal effects – Validity – Reorganisation and winding up of credit institutions – Directive 2001/24/EC – Article 2, seventh indent – Concept of ‘reorganisation measures’ – Compatibility with Article 17(1) and Article 52(1) of the Charter of Fundamental Rights of the European Union – Liability of Member States for breach of Union law – Conditions – Sufficiently serious breach of EU law – Procedural autonomy of Member States – Principle of sincere cooperation – Article 4(3) TEU – Principles of equivalence and effectiveness
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C-152/19 P Deutsche Telekom v Commission
Appeal – Competition – Article 102 TFEU – Abuse of dominant position – Slovak market for broadband internet access services – Regulatory obligation on the part of operators with significant market power to grant access to the local loop – Conditions laid down by the incumbent operator for unbundled access by other operators to the local loop – Indispensability of the access – Imputability of a subsidiary’s conduct to the parent company – Rights of the defence
Language of the case: German
Case C-165/19 P Slovak Telekom v Commission
Appeal – Competition – Article 102 TFEU – Abuse of dominant position – Slovak market for broadband internet access services – Regulatory obligation on the part of operators with significant market power to grant access to the local loop – Conditions laid down by the incumbent operator for unbundled access by other operators to the local loop – Indispensability of the access – Margin squeeze – Costs – Competitor at least as efficient as the dominant undertaking – Rights of the defence
Language of the case: English
Case C-307/19 Obala i lučice v NLB Leasing
Reference for a preliminary ruling – Applicable law – Regulation (EC) No 864/2007 and Regulation (EC) No 593/2008 – Scope ratione temporis – Lack of jurisdiction of the Court – Article 94 of the Rules of Procedure of the Court – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Article 1(1) – Substantive scope – Concept of ‘civil and commercial matters’ – Article 7(1) – Concepts of ‘matters relating to a contract’ and ‘provision of services’ – Article 24(1) – Concept of ‘tenancies of immovable property’ – Regulation (EC) No 1393/2007 – Service of judicial and extrajudicial documents – Notaries acting in enforcement proceedings – Proceedings for the recovery of a debt relating to a daily parking ticket for a vehicle parked on the public highway
Request for a preliminary ruling from the Visoki trgovački sud Republike Hrvatske
Language of the case: Croatian
Joined Cases C-517/19 P and C-518/19 P Alvarez y Bejarano and Others v Commission
Appeal – Civil service – Staff Regulations of Officials of the European Union – Reform of the Staff Regulations – Regulation (EU, Euratom) No 1023/2013 – New provisions on the reimbursement of annual travel expenses and the grant of travelling time – Link with expatriate or foreign resident status – Plea of illegality – Principles of equal treatment and proportionality – Intensity of judicial review
Language of the case: French
Case C-907/19 Q-GmbH v Finanzamt Z (Special risk insurance)
Reference for a preliminary ruling – Directive 2006/112/EC – Value added tax (VAT) – Exemptions – Article 135(1)(a) – Insurance transactions and related services performed by insurance brokers and insurance agents – Service supplied for an insurer, comprising different services – Categorisation as a single supply
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-92/21 VW v Fedasil
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Border controls, asylum and immigration – Asylum policy – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Regulation (EU) No 604/2013 (Dublin III) – Article 27 – Remedies against a transfer decision – Suspensive effect of the remedy – Article 29 – Modalities and time limits for transfers – Standards for the reception of applicants for international protection – Directive 2013/33/EU – Article 18 – National measure allocating to an applicant in respect of whom a transfer decision has been made a place in a specialised reception facility where those accommodated receive support in preparing to be transferred
Request for a preliminary ruling from the Tribunal du travail de Liège
Language of the case: French
Case C-134/21 EV v Fedasil
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Border controls, asylum and immigration – Asylum policy – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Regulation (EU) No 604/2013 (Dublin III) – Article 27 – Remedies against a transfer decision – Suspensive effect of the remedy – Article 29 – Modalities and time limits for transfers – Standards for the reception of applicants for international protection – Directive 2013/33/EU – Article 18 – National measure allocating to an applicant in respect of whom a transfer decision has been made a place in a specialised reception facility where those accommodated receive support in preparing to be transferred
Request for a preliminary ruling from the Tribunal du travail de Liège
Language of the case: French
Information (on unpublished decisions)
Case C-13/19 Ibercaja Banco v TJ and UK
Case C-523/20 Koppány 2007 v Vas Megyei Kormányhivatal
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Social security – Regulation (EU) No 1231/2010 – Applicable legislation – A1 certificate – Article 1 – Extension of A1 certificate to nationals of third countries residing legally in the territory of a Member State – Legal residence – Concept
Case C-514/18 P-DEP Schmid v Landeskammer für Land- und Forstwirtschaft in Steiermark
Taxation of costs
Case C-664/18 Commission v United Kingdom (Limit values − NO2)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and persistent exceedance of the limit values for nitrogen dioxide (NO2) in certain areas of the United Kingdom – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures
Case C-399/20 P XH v Commission
Appeal – Article 181 of the Rules of Procedure of the Court – Civil service – Officials – Appraisal – Promotion – 2017 promotion exercise – List of officials promoted – Decision not to include an official on that list – Action for annulment and for damages – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-557/20 Criminal proceedings against DS (Equine hoof care)
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – National legislation reserving the activity of a farriery solely to those with a diploma in farriery – Compatibility with Articles 101 to 106 TFEU – Insufficient information on the factual and legislative context of the main proceedings and on the reasons why the answer to the question referred for a preliminary ruling is necessary – Manifest inadmissibility
Case C-667/20 P Laboratorios Ern v EUIPO
Case C-678/20 P Laboratorios Ern v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-639/20 P CEDC International v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue of law is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-681/20 P smart things solutions v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-586/16 P Sun Pharmaceutical Industries and Ranbaxy (UK) v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Pharmaceutical products – Market for antidepressant medicines (citalopram) – Settlement agreements concerning process patents concluded between a manufacturer of originator medicines holding those patents and manufacturers of generic medicines – Article 101 TFEU – Potential competition – Restriction by object – Characterisation – Calculation of the amount of the fine
Case C-588/16 P Generics (UK) v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Pharmaceutical products – Market for antidepressants (citalopram) – Settlement agreements relating to disputes concerning process patents concluded by a manufacturer of originator medicines who is the holder of those patents and manufacturers of generic medicines – Article 101 TFEU – Potential competition – Restriction by object – Characterisation – Calculation of the amount of the fine
Case C-601/16 P Arrow Group and Arrow Generics v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Pharmaceutical products – Market for antidepressant medicines (citalopram) – Settlement agreements concerning process patents concluded between a manufacturer of originator medicines holding those patents and manufacturers of generic medicines – Article 101 TFEU – Potential competition – Restriction by object – Characterisation – Calculation of the amount of the fine
Case C-614/16 P Merck v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Pharmaceutical products – Market for antidepressant medicines (citalopram) – Settlement agreements concerning process patents concluded between a manufacturer of originator medicines holding those patents and manufacturers of generic medicines – Article 101 TFEU – Potential competition – Restriction by object – Characterisation – Calculation of the amount of the fine
Case C-565/19 P Carvalho and Others v Parliament and Council
Appeal – Action for annulment and for damages – Environment – 2030 climate and energy package – Fourth paragraph of Article 263 TFEU – Lack of individual concern
Case C-856/19 Commission v Hungary (Excise duty on cigarettes)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive 2011/64/EU – Article 10(2) and (3) – Excise duty applied to manufactured tobacco – Rate of the overall excise duty on cigarettes lower than the prescribed minimum rate – Internal difficulties – Threat of serious disruption to public order – Duty of sincere cooperation
Case C-503/20 Banco Santander v YC
Case C-722/20 P Ultrasun v EUIPO
April 2021
Case C-364/19 XU and Others v Credit Europe Ipotecar IFN and Credit Europe Bank
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Consumer protection – Unfair terms – Directive 93/13/EEC – Article 1(2) – Exclusion from the scope of that directive of contractual terms which reflect mandatory provisions of national law – Article 4(2) – Exception to the assessment of whether a term is unfair – Credit agreement denominated in a foreign currency – Alleged infringement of the obligation of information borne by a seller or supplier – Examination to be carried out by the national court as a matter of priority in the light of Article 1(2)
Request for a preliminary ruling from the Tribunalul Galaţi
Language of the case: Romanian
Case C-108/20 HR v Finanzamt Wilmersdorf
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Articles 167 and 168 – Right to deduct input VAT – Refusal – Fraud – Supply chain – Refusal of the right to deduct where the taxable person knew or should have known that, by his or her purchase, he or she was participating in a transaction connected to VAT fraud
Request for a preliminary ruling from the Finanzgericht Berlin-Brandenburg
Language of the case: German
Case C-504/20 P Wagenknecht v European Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Protection of the financial interests of the European Union – Combating fraud – European Council meetings – Multiannual Financial Framework – Request for exclusion of the representative of the Czech Republic due to an alleged conflict of interest – Reply claiming lack of competence – Action for failure to act – Alleged failure to act by the European Council – Inadmissibility – Definition of position – Locus standi – Interest in bringing proceedings
Language of the case: English
Joined Cases C-798/18 and C-799/18 Federazione nazionale delle imprese elettrotecniche ed elettroniche (Anie) and Others and Athesia Energy Srl and Others v Ministero dello Sviluppo Economico and GSE
References for a preliminary ruling – Environment – Articles 16 and 17 of the Charter of Fundamental Rights of the European Union – Principles of legal certainty and of the protection of legitimate expectations – Energy Charter Treaty – Article 10 – Applicability – Directive 2009/28/EC – Article 3(3)(a) – Promotion of the use of energy from renewable sources – Production of electricity from solar photovoltaic installations – Alteration of a support scheme
Requests for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-30/19 Diskrimineringsombudsmannen v Braathens Regional Aviation
Reference for a preliminary ruling – Equal treatment between persons irrespective of racial or ethnic origin – Directive 2000/43/EC – Article 7 – Protection of rights – Article 15 – Sanctions – Action for compensation based on an allegation of discrimination – Defendant acquiescing to claim for compensation without recognition on its part of the discrimination alleged – Connection between the compensation paid and the discrimination alleged – Article 47 of the Charter of Fundamental Rights of the European Union – Right to effective judicial protection – National procedural rules preventing the court seised from ruling on whether there was discrimination as alleged, despite the express request of the claimant
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
Case C-194/19 H. A. v État belge (Circumstances subsequent to a transfer decision)
Reference for a preliminary ruling – Regulation (EU) No 604/2013 – Determination of the Member State responsible for examining an application for international protection – Article 27 – Remedy – Whether account should be taken of circumstances subsequent to the transfer decision – Effective judicial protection
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-221/19 AV (Aggregate sentence)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2008/909/JHA – Article 8(2) and (4): – Article 17(1) and (2) – Article 19 – Taking into account, for the purposes of an aggregate sentence, of a conviction delivered in another Member State, which must be enforced in the Member State in which that judgment is delivered – Conditions – Framework Decision 2008/675/JHA – Article 3(3) – Concept of ‘interference with a sentence or its execution’ which must be taken into account in the event of new criminal proceedings initiated in a Member State other than that in which the ruling was delivered
Request for a preliminary ruling from the Sąd Okręgowy w Gdańsku
Language of the case: Polish
Case C-470/19 Friends of the Irish Environment v Commissioner for Environmental Information
Reference for a preliminary ruling – Aarhus Convention – Directive 2003/4/EC – Right of access to environmental information held by public authorities – Article 2, point 2 – Notion of ‘public authority’ – Bodies or institutions when acting in a judicial or legislative capacity – Information in the file of closed court proceedings
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
Case C-511/19 AB v Olympiako Athlitiko Kentro Athinon
Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Principle of equal treatment in employment and occupation – Prohibition of discrimination on grounds of age – Workers placed under a labour reserve system until termination of their contract of employment – Wage reduction and reduction or loss of severance pay – System applicable to public-sector workers close to full-time retirement – Reduction of public-sector wage costs – Article 6(1) – Legitimate social policy objective – Economic crisis
Request for a preliminary ruling from the Areios Pagos
Language of the case: Greek
Case C-515/19 Eutelsat v ARCEP and Inmarsat Ventures
Reference for a preliminary ruling – Approximation of laws – Telecommunications sector – Harmonised use of radio spectrum in the 2 GHz frequency bands for bringing into operation systems providing mobile satellite services – Decision No 626/2008/EC – Article 2(2)(a) and (b) – Article 4(1)(c)(ii) – Article 7(1) and (2) – Article 8(1) and (3) – Mobile satellite systems – Concept of ‘mobile earth station’ – Concept of ‘complementary ground components’ – Concept of ‘required quality’ – Respective role of satellite and ground components – Requirement for a selected operator of mobile satellite systems to provide service for a certain percentage of the population and territory – Non-compliance – Effect
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-593/19 SK Telecom v Finanzamt Graz-Stadt
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Determination of the place of supply of telecommunications services – Roaming of third-country nationals on mobile communications networks within the European Union – Point (b) of the first paragraph of Article 59a – Option for Member States to transfer the place of supply of telecommunications services to their territory
Request for a preliminary ruling from the Bundesfinanzgericht, Außenstelle Graz
Language of the case: German
Case C-729/19 TKF v Department of Justice for Northern Ireland
Reference for a preliminary ruling – Judicial cooperation in civil matters – Recognition and enforcement of decisions in matters relating to maintenance obligations – Regulation (EC) No 4/2009 – Temporal scope – Article 75 – Decisions given by a court of a Member State prior to accession to the European Union
Request for a preliminary ruling from the Court of Appeal in Northern Ireland
Language of the case: English
Case C-736/19 Plaukti
Reference for a preliminary ruling – Agriculture – European agricultural fund for rural development (EAFRD) – Regulation (EC) No 1698/2005 – Regulation (EU) No 65/2011 – Third subparagraph of Article 16(5) – Regulation (EC) No 73/2009 – Articles 4 and 6 – Regulation (EC) No 1122/2009 – Support for rural development – Agri-environmental payments – Aid for the maintenance of grassland biodiversity – Non-compliance with the conditions for granting those payments – Early mowing – Reduction and exclusion of those payments – Mandatory standards – Statutory management requirements – Minimum requirements for good agricultural and environmental conditions – Commitments that exceed mandatory standards, minimum requirements and other appropriate mandatory requirements established by national legislation
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
Case C-786/19 The North of England P & I Association v Bundeszentralamt für Steuern
Reference for a preliminary ruling – Direct insurance other than life assurance – Second Directive 88/357/EEC – Second indent of Article 2(d) – Directive 92/49/EEC – First subparagraph of Article 46(2) – Taxation of insurance premiums – Concept of ‘Member State where the risk is situated’ – Vehicles of any type – Concept of ‘Member State of registration’ – Insurance of sea-going vessels – Ships entered in the shipping register maintained by one Member State but flying the flag of another Member State or of a third State under a temporary flagging-out authorisation
Request for a preliminary ruling from the Finanzgericht Köln
Language of the case: German
Case C-846/19 EQ v Administration de l'Enregistrement, des Domaines et de la TVA
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Economic activity – Supply of services for consideration – Article 2(1)(c) and Article 9(1) – Exemptions – Article 132(1)(g) – Supply of services closely linked to welfare and social security work – Services performed by a lawyer under powers of representation for the protection of adults lacking legal capacity – Body recognised as being devoted to social wellbeing
Request for a preliminary ruling from the Tribunal d'arrondissement
Language of the case: French
Case C-935/19 Grupa Warzywna v Dyrektor Izby Administracji Skarbowej we Wrocławiu
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 273 – Overstatement in the tax return of the amount of the refund of VAT – Error of assessment by the taxable person concerning the taxable nature of a transaction – Correction of the tax return following an audit – Penalty of an amount equal to 20% of the overstated VAT reimbursement – Principle of proportionality
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu
Language of the case: Polish
Case C-53/20 Hengstenberg v Spreewaldverein
Reference for a preliminary ruling – Protection of geographical indications and designations of origin for agricultural products and foodstuffs – Regulation (EU) No 1151/2012 – First subparagraph of Article 49(3) and second subparagraph of Article 49(4) – First subparagraph of Article 53(2) – Amendment to a product specification – Spreewald gherkins (Germany) ‘Spreewälder Gurken (PGI)’ – Amendments which are not minor – Opposition proceedings – Statement of opposition to the amendment application – Appeal against the decision granting that application – Concept of ‘legitimate interest’
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-62/20 Vogel Import Export v Belgische Staat
Reference for a preliminary ruling – Regulation (EEC) No 2658/87 – Customs union – Common Customs Tariff – Tariff classification – Combined Nomenclature – Tariff headings – Headings 4407 and 4409 – Planed wooden boards the four corners of which have been slightly rounded over the entire length of the board
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel
Language of the case: Dutch
Case C-594/20 Kuluttaja-asiamies v MiGame Oy
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 2011/83/EU – Consumer contracts – Article 21 – ‘Communication by telephone’ – Telephone line operated by a trader so that consumers may contact it for matters relating to a previously concluded contract – Provision by a company, as part of the after-sales service for previously concluded contracts, of two telephone lines, namely a premium-rate landline and a mobile telephone line that is free of charge – Media content targeted at customers – Acceptability of a helpline which charges customers at a rate exceeding the basic rate – Concept of ‘basic rate’
Request for a preliminary ruling from the Markkinaoikeus
Language of the case: Finnish
Case C-896/19 Repubblika v Il-Prim Ministru
Reference for a preliminary ruling – Article 2 TEU – Values of the European Union – Rule of law – Article 49 TEU – Accession to the European Union – No reduction in the level of protection of the values of the European Union – Effective judicial protection – Article 19 TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Scope – Independence of the members of the judiciary of a Member State – Appointments procedure – Power of the Prime Minister – Involvement of a judicial appointments committee
Request for a preliminary ruling from the Qorti Ċivili Prim’Awla - Ġurisdizzjoni Kostituzzjonali
Language of the case: Maltese
Case C-572/18 P thyssenkrupp Electrical Steel and thyssenkrupp Electrical Steel Ugo v Commission
Appeal – Customs union – Regulation (EU) No 952/2013 – Article 211(6) – Authorisation for inward processing of certain grain-oriented electrical steel products – Risk of adverse effect on the essential interests of EU producers – Examination of the economic conditions – Implementing Regulation (EU) 2015/2447 – Article 259 – European Commission’s conclusion on the economic conditions – Article 263 TFEU – Act not open to challenge
Language of the case: English
Case C-46/19 P Council v PKK
Appeal – Common Foreign and Security Policy – Combating terrorism – Restrictive measures taken against certain persons and entities – Freezing of funds – Common Position 2001/931/CFSP – Article 1(3), (4) and (6) – Regulation (EC) No 2580/2001 – Article 2(3) – Retention of an organisation on the list of persons, groups and entities involved in terrorist acts – Conditions – Decision by a competent authority – Ongoing risk of involvement in terrorist activities – Factual basis of the decisions to freeze funds – Decision to review the national decision on which the initial inclusion was based – Obligation to state reasons
Language of the case: English
Case C-485/19 LH v Profi Credit Slovakia
Reference for a preliminary ruling – Consumer protection – Directive 2008/48/EC – Credit agreements for consumers – Directive 93/13/EEC – Unfair contract terms – Payment made under an unlawful term – Unjust enrichment of the lender – Right to restitution time-barred – Principles of Union law – Principle of effectiveness – Article 10(2) of Directive 2008/48 – Information to be included in a credit agreement – Elimination of certain national requirements on the basis of the case-law of the Court – Interpretation of the old version of the national legislation in accordance with that case-law – Temporal effects
Request for a preliminary ruling from the Krajský súd v Prešove
Language of the case: Slovak
Case C-537/19 Commission v Austria (Lease of a building not yet built)
Failure of a Member State to fulfil obligations – Directive 2004/18/EC – Public works contracts – Contract between a public body and a private undertaking for the lease of building not yet constructed – Article 1 – Realisation of a work corresponding to requirements specified by the tenant – Article 16 – Precluded
Language of the case: German
Case C-703/19 J.K. v Dyrektor Izby Administracji Skarbowej w Katowicach
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 98(2) – Option for Member States to apply one or two reduced VAT rates to certain supplies of goods and services – Classification of a commercial activity as ‘provision of services’ – Annex III, point 12a – Implementing regulation (EU) No 282/2011 – Article 6 – Concept of ‘restaurant and catering services’ – Meals ready for immediate consumption on the vendor’s premises or in a catering area – Meals ready for immediate consumption to be taken away
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-826/19 WZ v Austrian Airlines
Reference for a preliminary ruling – Air transport – Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Regulation (EC) No 261/2004 – Article 6 – Delayed flight – Article 8(3) – Diversion of a flight to an airport serving the same town, city or region – Concept of ‘cancellation’ – Extraordinary circumstances – Compensation to passengers in the event of cancellation or long delay of flights in arrival – Obligation to bear the cost of transferring passengers from the actual airport of arrival to the airport for which the booking was made
Request for a preliminary ruling from the Landesgericht Korneuburg
Language of the case: German
Case C-73/20 ZM v E. A. Frerichs
Reference for a preliminary ruling – Regulation (EC) No 1346/2000 – Insolvency proceedings – Article 4 – Law applicable to insolvency proceedings – Law of the Member State within the territory of which the proceedings are opened – Article 13 – Acts detrimental to all the creditors – Exception – Conditions – Act subject to the law of a Member State other than the State of the opening of proceedings – Act which is not open to challenge on the basis of that law – Regulation (EC) No 593/2008 – Law applicable to contractual obligations – Article 12(1)(b) – Scope of the law applicable to the contract – Performance of the obligations arising from the contract – Payment made in performance of a contract subject to the law of a Member State other than the State of the opening of proceedings – Performance by a third party – Action for repayment of that payment in insolvency proceedings – Law applicable to that payment
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-75/20 Lifosa v Muitinėsdepartamentas prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling – Customs union – Community Customs Code – Regulation (EEC) No 2913/92 – Article 29(1) – Article 32(1)(e)(i) – Union Customs Code – Regulation (EU) No 952/2013 – Article 70(1) – Article 71(1)(e)(i) – Determination of the customs value – Transaction value – Adjustment – Price including delivery at the border
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Joined Cases C-294/19 and C-304/19 Agenţia de Plăţi şi Intervenţie pentru Agricultură v Piscicola Tulcea and Ira Invest v Agenţia de Plăţi şi Intervenţie pentru Agricultură
References for a preliminary ruling – Agriculture – Common agricultural policy (CAP) – Direct support schemes – Eligible hectare – Aquaculture facility – Land use – Actual use for agricultural purposes – Use complying with the entries in the land register
Requests for a preliminary ruling from the Curtea de Apel Constanţa
Language of the case: Romanian
Case C-383/19 Powiat Ostrowski v Ubezpieczeniowy Fundusz Gwarancyjny z siedzibą
Reference for a preliminary ruling – Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Article 3, first paragraph – Obligation to take out a contract of insurance – Scope – Local government authority which has acquired a vehicle by judicial means – Registered vehicle which is on private land and intended to be destroyed
Request for a preliminary ruling from the Sąd Rejonowy w Ostrowie Wielkopolskim
Language of the case: Polish
Case C-480/19 Proceedings brought by E (Income paid by UCITS)
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Income tax – Income from capital – Income distributed by a resident undertaking for collective investment in transferable securities (UCITS) constituted in accordance with contract law – Income distributed by a UCITS established in another Member State and constituted in accordance with statute – Difference in treatment – Article 65 TFEU – Objectively comparable situations
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-504/19 Banco de Portugal and Others v VR
Reference for a preliminary ruling – Banking supervision – Reorganisation and winding up of credit institutions – Directive 2001/24/EC – Reorganisation measure adopted by an administrative authority in the home Member State of a credit institution – Transfer of rights, assets or liabilities to a ‘bridge institution’ – Transfer back to the credit institution subject to the reorganisation measure – Article 3(2) – Lex concursus – Effect of a reorganisation measure in other Member States – Mutual recognition – Article 32 – Effects of a reorganisation measure on a pending lawsuit – Exception to the application of the lex concursus – Article 47, first paragraph, of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Principle of legal certainty
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-617/19 Granarolo v Ministero dell'Ambiente e della Tutela del Territorio e del Mare and Others
Reference for a preliminary ruling – Environment – Directive 2003/87/EC – Greenhouse gas emission allowance trading scheme – Article 3(e) – Concept of ‘installation’ – Article 3(f) – Concept of ‘operator’ – Points 2 and 3 of Annex I – Aggregation rule – Aggregation of the capacities of the activities in an installation – Transfer of an electricity and heat cogeneration unit by the owner of an industrial facility – Contract for the supply of energy between the transferor and transferee undertakings – Updating of the greenhouse gas emissions permit
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-815/19 Natumi v Land Nordrhein-Westfalen
Reference for a preliminary ruling – Agriculture and fisheries – Organic production and labelling of organic products – Regulation (EC) No 834/2007 – Article 19(2) – Articles 21 and 23 – Regulation (EC) No 889/2008 – Article 27(1) – Article 28 – Annex IX, point 1.3 – Processing of organic food – Non-organic ingredients of agricultural origin – Lithothamnium calcareum alga – Powder obtained by cleaning, grinding and drying the sediment of that alga – Classification – Use in organic foodstuffs for the purpose of calcium enrichment – Authorisation – Conditions
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-19/20 I.W. and R.W. v Bank BPH
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Effects of a finding that a term is unfair – Mortgage loan agreement denominated in a foreign currency – Determination of the exchange rate between currencies – Novation agreement – Deterrent effect – Obligations of the national court – Article 6(1), and Article 7(1)
Request for a preliminary ruling from the Sąd Okręgowy w Gdańsku
Language of the case: Polish
Case C-47/20 F. v Stadt Karlsruhe (Recognition of a renewed driving licence)
Reference for a preliminary ruling – Transport – Driving licences – Withdrawal of the licence in the territory of a Member State other than the issuing Member State – Renewal of the licence by the issuing Member State after the withdrawal decision – No automaticity of mutual recognition
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-56/20 AR v Stadt Pforzheim (Mentions sur le permis de conduire)
Reference for a preliminary ruling – Transport – Driving licences – Mutual recognition – Withdrawal of the licence in the territory of a Member State other than the issuing Member State – Affixing of an endorsement to the driving licence indicating that it is not valid within that Member State
Request for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg
Language of the case: German
Case C-665/20 PPU X (European arrest warrant – Ne bis in idem)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Grounds for optional non-execution – Article 4(5) – Requested person has been finally judged in a third State in respect of the same acts – Sentence has been served or may no longer be executed under the law of the sentencing country – Implementation – Margin of discretion of the executing judicial authority – Concept of ‘same acts’ – Remission of sentence granted by a non-judicial authority as part of a general leniency measure
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Information (on unpublished decisions)
Case C-541/20 R Lithuania v Parliament and Council
Interim relief – Article 263 TFEU – Action for annulment of an EU act – Article 278 TFEU – Application to suspend operation of that act – Regulation (EU) 2020/1054 – Minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly and rest periods – Urgency
Case C-535/20 BNP Paribas Personal Finance v T.G.M.
Case C-573/20 Casa di Cura Città di Parma v Agenzia delle Entrate
Reference for a preliminary ruling – Articles 53(2) and 99 of the Rules of Procedure of the Court – Taxation – Common system of value added tax (VAT) – Sixth Directive 77/388/EEC – Article 17(2)(a) – Mixed taxable person – Deductible proportion – Public or private health structures carrying out exempt activities – National legislation excluding the deduction of VAT relating to the purchase of goods or services used for the requirements of those exempt activities
Case C-694/19 P Italmobiliare and Others v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Retail food packaging market – Attributability of unlawful conduct – Conditions for the granting of immunity – 2006 Guidelines on the method of setting fines – Sales value – Upper limit of the fine – Duration of the administrative procedure – Reasonable time – Ability to pay
Case C-733/19 Netherlands v Council and Parliament
Action for annulment – Common fisheries policy – Regulation (EU) No 1380/2013 – Conservation and sustainable exploitation of fisheries resources – Protection of marine ecosystems – Regulation (EU) 2019/1241 – Technical measures – Annex V, Part D – Ban on fishing by vessels using electric pulse trawls – Principle of proportionality – Precautionary principle
Case C-868/19 M-GmbH v Finanzamt für Körperschaften
Reference for a preliminary ruling – Value-added tax (VAT) – Directive 2006/112/EC – Article 9 – Taxable persons – Article 11 – Option for the Member States to treat as a single taxable person persons who are independent from a legal point of view but are closely linked to one another financially, economically and organisationally (‘VAT group’) – Concept of ‘close financial links’ – National legislation according to which partnerships, whose partners, alongside the controlling company, are not solely financially integrated persons in the undertaking of the controlling company, are prevented from being a member of a VAT group – Legal certainty – Preventative measures against fraud and tax evasion – Proportionality – VAT neutrality
Case C-875/19 P FV v Council
Appeal – Application for annulment – Civil service – Staff report – Assessment criteria – Consistency of output – Delays – Submission of a medical certificate – Duty of care
Case C-877/19 P FV v Council
Appeal – Application for annulment – Civil service – Staff report – Assessment criteria – Consistency of output – Delays – Submission of a medical certificate – Duty of care
Case C-622/20 P Validity Foundation and Center for Independent Living v Commission
Appeal – European Regional Development Fund (ERDF) – Grant intended to support the deinstitutionalisation of social services for adults and people with disabilities – Letter of the European Commission refusing to suspend or cancel payment of the grant – Action for annulment – Admissibility – Concept of ‘challengeable act’ – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection
Case C-592/20 NT and Others v British Airways
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Article 2(b) and Article 7(1) – Compensation for long delays at the final destination of a connecting flight – Connecting flight with several flight segments – Single booking – Cancellation of a flight segment by a carrier other than the one with which the single booking was made – Operating air carrier – Distance to be taken into account for the purpose of determining the amount of compensation
Case C-471/20 Centre d’Enseignement Secondaire Saint-Vincent de Soignies v FS
Case C-704/19 Commission v Spain (DTT in Castilla-La Mancha)
Failure of a Member State to fulfil obligations – State aid – Aid for the deployment of digital terrestrial television in remote and less urbanised areas of the Comunidad Autónoma de Castilla-La Mancha (Autonomous Community of Castilla-La Mancha, Spain) – Decision (EU) 2016/1385 – Aid which is unlawful and incompatible with the internal market – Failure to comply within the time limit
Case C-847/19 P Achemos Grupė and Achema v Commission
Appeal – State aid – Decision not to raise any objections – Article 108 TFUE – Rights of the interested parties – Principle of sound administration – Diligent and impartial investigation – Scope of the review by the General Court – Obligation to state reasons
Case C-890/19 P Fortischem v Commission
Appeal – State aid – Advantage – Recovery – Economic continuity
Case C-41/21 P Allergan Holdings France v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
May 2021
Case C-499/18 P Bayer CropScience and Bayer v Commission
Appeal – Regulation (EC) No 1107/2009 – Articles 4 and 21 – Criteria for approval – Review of approval – Plant protection products – Implementing Regulation (EU) No 485/2013 – Active substances clothianidin and imidacloprid – Seeds treated with plant protection products containing those active substances – Prohibition of non-professional use – Precautionary principle
Language of the case: English
Joined Cases C-551/19 P and C-552/19 P ABLV Bank and Others v ECB
Appeal – Economic and monetary union – Banking union – Regulation (EU) No 806/2014 – Resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism (SRM) and a Single Resolution Fund – Article 18 – Resolution procedure – Conditions – Entity failing or likely to fail – Declaration by the European Central Bank (ECB) that an entity is failing or is likely to fail – Preparatory measure – Act not open to judicial review – Inadmissibility
Language of the case: English
Case C-142/20 Analisi G. Caracciolo v Regione Siciliana - Assessorato regionale della salute - Dipartimento regionale per la pianificazione and Others
Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 765/2008 – Requirements for accreditation and market surveillance relating to the marketing of products – Single national accreditation body – Issuing of the accreditation certificate to conformity assessment bodies – Accreditation body having its seat in a third State – Article 56 TFEU – Article 102 TFEU – Articles 20 and 21 of the Charter of Fundamental Rights of the European Union – Validity
Request for a preliminary ruling from the Consiglio di Giustizia amministrativa per la Regione siciliana
Language of the case: Italian
Case C-505/19 WS v Bundesrepublik Deutschland (Interpol red notice)
Reference for a preliminary ruling – Convention implementing the Schengen Agreement – Article 54 – Charter of Fundamental Rights of the European Union – Article 50 – Ne bis in idem principle – Article 21 TFEU – Freedom of movement of persons – Interpol red notice – Directive (EU) 2016/680 – Lawfulness of the processing of personal data contained in such a notice
Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden
Language of the case: German
Case C-709/19 Vereniging van Effectenbezitters v BP
Reference for a preliminary ruling – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 7(2) – Jurisdiction in tort, delict or quasi-delict – Place where the harmful event occurred – Damage consisting in purely financial loss
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-844/19 CS and Finanzamt Österreich, Dienststelle Graz-Stadt v Finanzamt Österreich, Dienststelle Judenburg Liezen and technoRent International
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 90 – Reduction of the taxable amount – Article 183 – Refund of excess VAT – Default interest – No national rule – Principle of fiscal neutrality – Direct effect of provisions of EU law – Principle that national law must be interpreted in conformity with EU law
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-27/20 PF and QG v CAF
Reference for a preliminary ruling – Freedom of movement for workers – Equal treatment – Social advantages – Ceilings related to resources – Account taken of the resources received in the penultimate year preceding the period of payment of allowances – Worker returning to his Member State of origin – Reduction in the entitlement to family allowances
Request for a preliminary ruling from the Tribunal de grande instance de Rennes
Language of the case: French
Case C-70/20 YL v Altenrhein Luftfahrt
Reference for a preliminary ruling – Air transport – Montreal Convention – Article 17(1) – Air carrier liability in the event of accidents – Concept of ‘accident’ – Hard landing made within the normal operating range of an aircraft – Bodily injury allegedly sustained by a passenger during such a landing – No accident
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-87/20 Hauptzollamt B v XY (Sturgeon caviar)
Reference for a preliminary ruling – Protection of species of wild fauna and flora by regulating trade therein – Regulations (EC) No 338/97 and (EC) No 865/2006 – Sturgeon caviar – Introduction into the customs territory of to the European Union for personal and household effects – Import permit – Derogation – Limit of 125 grams per person – Exceeded – Intention to give as a gift to a third party
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-130/20 YJ v INSS (Pension supplement for mothers – II)
Reference for a preliminary ruling – Equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1) – Discrimination on ground of sex – National legislation providing for a pension maternity supplement to be granted to women who have had a certain number of children – Exclusion from entitlement to that pension supplement of women who have requested early retirement – Scope of Directive 79/7EEC
Request for a preliminary ruling from the Juzgado de lo Social de Barcelona
Language of the case: Spanish
Case C-202/20 P Necci v Commission
Appeal – Civil service – Former member of the contract staff – Social security – Joint Sickness Insurance Scheme (JSIS) – Article 95 of the Conditions of Employment of Other Servants of the European Union (CEOS) – Continued membership after retirement – Condition of having been employed for more than three years – Request to join the JSIS following a transfer of pension rights – Equating the credited years of pensionable service with years of service ‐ Rejection of the request – Action for annulment – Act having an adverse effect – Order of the General Court declaring the action inadmissible – Order set aside
Language of the case: French
Joined Cases C-83/19, C-127/19, C-195/19, C-291/19, C-355/19 and C-397/19 Asociaţia 'Forumul Judecătorilor din România' and Others v Inspecţia Judiciară and Others
Reference for a preliminary ruling – Treaty of Accession of the Republic of Bulgaria and Romania to the European Union – Act concerning the conditions of accession to the European Union of the Republic of Bulgaria and Romania – Articles 37 and 38 – Appropriate measures – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Decision 2006/928/EC – Legal nature and effects of the cooperation and verification mechanism and of the reports established by the Commission on the basis of that mechanism – Rule of law – Judicial independence – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Laws and government emergency ordinances adopted in Romania in the course of 2018 and 2019 concerning the organisation of the judicial system and the liability of judges – Interim appointment to management positions of the Judicial Inspectorate – Establishment of a section within the Public Prosecutor’s Office for the investigation of offences committed within the judicial system – Financial liability of the State and personal liability of judges in the event of judicial error
Requests for a preliminary ruling from theTribunalul Olt and Others
Language of the case: Romanian
Case C-248/20 Skatteverket v Skellefteå Industrihus
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Deduction of the input tax paid during the stage of construction of a building – Optional tax liability scheme – Abandonment of the initially planned activity – Adjustment of the deduction of the input tax paid – Reply to the question referred for a preliminary ruling which may be clearly deduced from existing case-law
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
Case C-120/19 X v College van burgemeester en wethouders van de gemeente Purmerend (LPG road tankers)
Reference for a preliminary ruling – Inland transport of dangerous goods – Directive 2008/68/EC – Article 5(1) – Concept of ‘construction requirement’ – Prohibition on laying down more stringent construction requirements – Authority of a Member State requiring a service station to be supplied with liquefied petroleum gas (LPG) only from road tankers fitted with a particular heat-resistant lining not provided for by the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) – Unlawfulness – Decision legally unchallengeable by a category of persons – Strictly limited possibility of obtaining the annulment of such a decision where there is clear conflict with EU law – Principle of legal certainty – Principle of effectiveness
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-128/19 Azienda Sanitaria Provinciale di Catania v Assessorato della Salute della Regione Siciliana
Reference for a preliminary ruling – State aid – Agriculture sector – Slaughtering of animals affected by infectious diseases – Compensation for farmers – Notification and standstill requirements – Article 108(3) TFEU – Concepts of ‘existing aid’ and ‘new aid’ – Regulation (EC) No 659/1999 – Exemptions by categories of aid – Regulation (EU) No 702/2014 – De minimis aid – Regulation (EU) No 1408/2013
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-707/19 K.S. v A.B. (Frais de remorquage d’un véhicule endommagé)
Reference for a preliminary ruling – Insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Article 3 – Compulsory cover of damage to property – Scope – Legislation of a Member State limiting the obligation to cover the costs of towing a vehicle involved in an accident to the costs incurred in the territory of that Member State and limiting the costs of parking to those made necessary by reason of a criminal investigation or for any other reason
Request for a preliminary ruling from the Sąd Rejonowy dla Łodzi
Language of the case: Polish
Case C-879/19 FORMAT Urządzenia i Montaże Przemysłowe v Zakład Ubezpieczeń Społecznych I Oddział w Warszawie
Reference for a preliminary ruling – Social security – Determination of the legislation applicable – Regulation (EEC) No 1408/71 – Article 13(2)(a) – Article 14(2) – Person normally employed in the territory of two or more Member States – Single employment contract – Employer established in the worker’s Member State of residence – Paid employment activity pursued exclusively in other Member States – Work performed in different Member States during successive periods – Conditions
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-913/19 CNP v Gefion Insurance
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Jurisdiction in insurance matters – Article 10 – Article 11(1)(a) – Ability to sue an insurer domiciled in a Member State in another Member State, in the case of actions brought by the policyholder, the insured person or a beneficiary, in the courts of the place where the person bringing the claim is domiciled – Article 13(2) – Action brought by the injured party directly against the insurer – Scope ratione personae – Concept of ‘injured party’ – Business active in the insurance sector – Special jurisdiction – Article 7(2) and (5) – Concept of ‘branch’, ‘agency’ or ‘other establishment’
Request for a preliminary ruling from the Sąd Rejonowy w Białymstoku
Language of the case: Polish
Case C-4/20 ALTI v Direktor na Direktsia „Obzhalvane i danachno-osiguritelna praktika“ Plovdiv pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 205 – Persons liable for payment of VAT to the public exchequer – Joint and several liability of the recipient of a taxable supply which has exercised its right to deduct VAT knowing that the person liable for payment of that tax would not pay it – Obligation of such a recipient to pay the VAT not paid by the person liable for payment and the default interest due on account of that person’s failure to pay the VAT
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-6/20 Sotsiaalministeerium v Riigi Tugiteenuste Keskus
Reference for a preliminary ruling – Public supply contracts – Directive 2004/18/EC – Articles 2 and 46 – Project financed by the Fund for European Aid to the Most Disadvantaged – Criteria for the selection of tenderers – Regulation (EC) No 852/2004 – Article 6 – Requirement of a registration certificate or approval issued by the national food safety authority of the State in which the contract is to be performed
Request for a preliminary ruling from the Tallinna Ringkonnakohus
Language of the case: Estonian
Case C-8/20 L.R. v Bundesrepublik Deutschland (Application for asylum rejected by Norway)
Reference for a preliminary ruling – Area of freedom, security and justice – Border controls, asylum and immigration – Asylum policy – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Application for international protection – Grounds of inadmissibility – Article 2(q) – Concept of ‘subsequent application’ – Article 33(2)(d) – Rejection by a Member State of an application for international protection as inadmissible due to the rejection of a previous application made by the person concerned in a third State with which the European Union has concluded an agreement on the criteria and mechanisms for establishing the State responsible for examining an application for asylum lodged in one of the States parties to that agreement – Final decision taken by the Kingdom of Norway
Request for a preliminary ruling from the Schleswig-Holsteinisches Verwaltungsgericht
Language of the case: German
Case C-209/20 Renesola UK v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling – Customs union – Assessment of validity – Implementing Regulation (EU) No 1357/2013 – Determination of the country of origin of solar modules assembled in a third country from solar cells manufactured in another third country – Regulation (EEC) No 2913/92 – Community Customs Code – Article 24 – Origin of goods whose production involved more than one third country – Concept of ‘last substantial processing or working’
Request for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
Case C-121/21 R Czech Republic v Poland
Interim relief – Article 279 TFEU – Application for interim measures – Environment – Directive 2011/92/EU – Assessment of the effects of certain projects on the environment – Lignite mining activities at an open-cast mine – Turów lignite mine (Poland)
Language of the case: Polish
Information (on unpublished decisions)
Case C-26/21 P Dermavita v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-450/20 P Comprojecto-Projectos e Construções and Others v ECB and Banco de Portugal
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Appeal, first, against an order of the General Court dismissing an action for damages and, second, against an order of the General Court declaring inadmissible the application for rectification of that order – Article 56 of the Statute of the Court of Justice of the European Union – Appeal lodged out of time – Appeal manifestly inadmissible
Case C-641/20 VT v CPAS de Liège
Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/EC – Return of illegally staying third-country nationals – Return decision – Judicial remedy – Provisional right of residence and social assistance during the period in which the appeal is pending
Case C-143/21 P Production Christian Gallimard v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170 of the Rules of Procedure of the Court of Justice – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Joined Cases C-690/18 to C-692/18 Criminal proceedings against X and Others (Defeat device on diesel engines II)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Approximation of laws – Regulation (EC) No 715/2007 – Article 3(10) – Article 5(2) – Defeat device – Motor vehicles – Diesel engines – Emission of pollutants – Program acting on the engine control calculator – Technologies and strategies to limit the production of pollutant emissions
Case C-122/20 P Gollnisch v Parliament
Appeal – Law governing the institutions – Rules governing the payment of expenses and allowances to Members of the European Parliament – Amendment of the voluntary additional pension scheme – Concept of ‘individual decision taken with regard to a Member of the Parliament’ – Article 72 of the Implementing Measures for the Statute for Members of the Parliament – Sixth paragraph of Article 263 TFEU – Time limit for bringing proceedings
Case C-539/20 P Hochmann Marketing v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Service of the decision of the General Court by means of the e-Curia application – Appeal lodged out of time – Appeal manifestly inadmissible
Case C-571/20 OM v Ministero dell'Istruzione, dell'Università e della Ricerca and Others
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Reference for a preliminary ruling on the validity of a provision of the FEU Treaty – Clear lack of jurisdiction of the Court – Freedom of movement for workers – Equal treatment – Article 45 TFEU – Difference in status and salary between university teachers and teachers working in the art and music higher education national system – Purely internal situation – Manifest inadmissibility
Case C-679/20 Administración General del Estado v Ayuntamiento de Les Cabanyes
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – European Charter of Local Self-Government – Charter of Fundamental Rights of the European Union – European Convention for the Protection of Human Rights and Fundamental Freedoms – Decision of a local authority expressing a political opinion contrary to the constitutional framework and exceeding its powers – Lack of connection to EU law – Clear lack of jurisdiction of the Court
Case C-703/20 PONS HOLDING v Spetsializirana prokuratura
Case C-580/20 Criminal proceedings against XXX and YYY
Case C-11/20 Commission v Greece (Aid to agricultural producers)
Failure of a Member State to fulfil obligations – State aid – Aid declared unlawful and incompatible with the internal market – Article 108(2), second subparagraph, TFEU – Adverse weather conditions – Losses suffered by farmers – Compensation aid – Obligation of recovery – Duty to provide information – Non-implementation
Case C-48/21 P Topcart v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-49/21 P Topcart v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-67/21 P BSH Hausgeräte v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-920/19 Fluctus and Others v Landespolizeidirektion Steiermark
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Article 56 TFEU – Freedom to provide services – Restrictions – Gambling – Dual system of organisation of the market – Monopoly on lottery products and casino games – Prior authorisation for the use of automatic gaming machines – Advertising practices of the monopolist – Criteria for assessment – Constitutional case-law finding the national legislation to be compatible with EU law
Case C-59/21 P Embutidos Monells v EUIPO
Case C-63/20 P Dickmanns v EUIPO
Appeal – Civil service – Members of the temporary staff – Fixed-term contract with a termination clause – Not included on the reserve list for a competition – Purely confirmatory measure – Time for bringing a complaint
Case C-88/20 Criminal proceedings against ENR Grenelle Habitat and Others
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Fundamental rights – Ne bis in idem principle – Joint imposition of administrative and criminal penalties for identical facts – Cold calling – Misleading commercial practice – Insufficient justification for a reference for a preliminary ruling – Manifest inadmissibility
Case C-230/20 BTA Baltic Insurance Company v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Regulation (EEC) No 2 913/92 – Community Customs Code – Article 195 – Article 232(1)(a) – Article 221(3) – Common Customs Tariff – Recovery of the amount of the customs debt – Communication of the amount of duty to the debtor – Limitation period – Action taken against the guarantor to enforce the guarantee – Enforcement for the purposes of payment – Reasonable period
Case C-93/21 P easyCosmetic Swiss v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-201/21 P Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO
Appeal – EU trade mark – Article 170a(1) of the Rules of Procedure of the Court of Justice – No request that the appeal be allowed to proceed – Appeal inadmissible
June 2021
Case C-650/18 Hungary v Parliament
Action for annulment – Article 7(1) TEU – European Parliament resolution on a proposal calling on the Council of the European Union to determine the existence of a clear risk of a serious breach of the values on which the European Union is founded – Articles 263 and 269 TFEU – Jurisdiction of the Court – Admissibility of the appeal – Challengeable act – Article 354 TFEU – Rules for counting votes in the Parliament – Rules of Procedure of the Parliament – Rule 178(3) – Concept of ‘votes cast’ – Abstentions – Principles of legal certainty, equal treatment, democracy and sincere cooperation
Language of the case: Hungarian
Case C-326/19 EB v Presidenza del Consiglio dei Ministri and Others (University researchers)
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 5 – Successive fixed-term employment contracts or relationships – Misuse – Preventive measures – Fixed-term employment contracts in the public sector – University researchers
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-546/19 BZ v Westerwaldkreis
Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Return of illegally staying third-country nationals – Directive 2008/115/EC – Article 2(1) – Scope – Third-country national – Criminal conviction in the Member State – Article 3(6) – Entry ban – Grounds of public policy and public security – Withdrawal of the return decision – Lawfulness of the entry ban
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-563/19 P Recylex and Others v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Market for car battery recycling – 2006 Leniency Notice – Point 26 – Partial immunity – Additional facts increasing the gravity or the duration of the infringement – Elements known to the European Commission – Reduction of the amount of the fine – Ranking for the purposes of the reduction – Chronological order
Language of the case: English
Case C-624/19 K and Others v Tesco Stores
Reference for a preliminary ruling – Social policy – Equal pay for male and female workers – Article 157 TFEU – Direct effect – Concept of ‘work of equal value’ – Claims seeking equal pay for work of equal value – Single source – Workers of different sex having the same employer – Different establishments – Comparison
Request for a preliminary ruling from the Watford Employment Tribunal
Language of the case: English
Case C-726/19 Instituto Madrileño de Investigación y Desarrollo Rural, Agrario y Alimentario v JN
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 5 – Applicability – Concept of ‘successive fixed-term employment contracts or relationships’ – Fixed-term employment contracts in the public sector – Measures to prevent and penalise abuse resulting from the use of successive fixed-term employment contracts or relationships – Concept of ‘objective reasons’ justifying such contracts – Equivalent legal measures – Obligation to interpret national law in conformity with EU law – Economic crisis
Request for a preliminary ruling from the Tribunal Superior de Justicia de Madrid
Language of the case: Spanish
Case C-762/19 CV-Online Latvia v Melons
Reference for a preliminary ruling – Legal protection of databases – Directive 96/9/EC – Article 7 – Sui generis right of makers of databases – Prohibition on any third party to ‘extract’ or ‘re-utilise’, without the maker’s permission, the whole or a substantial part of the contents of the database – Database freely accessible on the internet – Meta search engine specialising in job advertisement searches – Extraction and/or re-utilisation of the contents of a database – Risk to the substantial investment in the obtaining, verification or presentation of the content of a database
Request for a preliminary ruling from the Rīgas apgabaltiesas Civillietu tiesas kolēģija
Language of the case: Latvian
Case C-784/19 TEAM POWER EUROPE v Direktor na Teritorialna direktsia na Natsionalna agentsia za prihodite
Reference for a preliminary ruling – Migrant workers – Social security – Legislation applicable – Regulation (EC) No 883/2004 – Article 12(1) – Posting of workers – Temporary agency workers – Regulation (EC) No 987/2009 – Article 14(2) – A1 certificate – Determination of the Member State in which the employer normally carries out its activities – Concept of ‘substantial activities, other than purely internal management activities’ – No assignment of temporary agency workers in the territory of the Member State in which the employer is established
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
Case C-822/19 Direcţia Generală Regională a Finanţelor Publice Braşov and Agenţia Naţională de Administrare Fiscală v Flavourstream
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Combined Nomenclature – Tariff classification – Tariff subheadings 1702 90 95, 2912 49 00 and 3824 90 92 – Aqueous solution
Request for a preliminary ruling from the Curtea de Apel Alba Iulia
Language of the case: Romanian
Case C-910/19 Bankia v UMAS
Reference for a preliminary ruling – Directive 2003/71/EC – Prospectus when securities are offered to the public or admitted to trading – Article 3(2) – Article 6 – Offer addressed to both retail investors and qualified investors – Content of information given in the prospectus – Action for damages – Retail investors and qualified investors – Awareness of the issuer’s economic situation
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-914/19 Ministero della Giustizia v GN (Notaires)
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-931/19 Titanium v Finanzamt Österreich
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Articles 43 and 45 – Directive 2006/112/EC, as amended by Directive 2008/8/EC – Articles 44, 45 and 47 – Provision of services – Point of reference for tax purposes – Concept of a ‘fixed establishment’ – Letting a property in a Member State – Owner of a property with its registered office on the island of Jersey
Request for a preliminary ruling from the Bundesfinanzgericht
Language of the case: German
Case C-942/19 Servicio Aragonés de Salud v LB
Reference for a preliminary ruling – Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Rejection of a request for leave of absence by reason of employment in the public sector provided for permanent staff regulated under administrative law – National legislation excluding entitlement to such leave when taking up temporary employment – Scope – Inapplicability of clause 4 – Lack of jurisdiction of the Court
Request for a preliminary ruling from the Tribunal Superior de Justicia de Aragón
Language of the case: Spanish
Case C-39/20 Staatssecretaris van Financiën v Jumbocarry Trading
Reference for a preliminary ruling – Regulation (EU) No 952/2013 – Union Customs Code – First subparagraph of Article 22(6), read in conjunction with Article 29 – Communication of the grounds to the person concerned before taking a decision which would adversely affect that person – Article 103(1) and Article 103(3)(b) – Limitation of the customs debt – Period for notification of the customs debt – Suspension of the period – Article 124(1)(a) – Extinguishment of the customs debt where it is time-barred – Temporal application of the provision governing the grounds for suspension – Principles of legal certainty and protection of legitimate expectations
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-76/20 BalevBio v Teritorialna direktsia Severna morska
Reference for a preliminary ruling – Common customs tariff – Tariff classification – Combined Nomenclature – Goods made of different materials – Plant fibres – Melamine resin – Headings 3924 and 4419 – Goods described as ‘bamboo beakers’
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
Case C-182/20 BE and DT v Administraţia Judeţeană a Finanţelor Publice Suceava and Others
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Right to deduct – Adjustment of deductions – Insolvency proceedings – National legislation providing for automatic refusal to allow deduction of VAT in respect of taxable transactions that occurred prior to the initiation of those proceedings
Request for a preliminary ruling from the Curtea de Apel Suceava
Language of the case: Romanian
Case C-194/20 BY and Others v Stadt Duisburg (Education and the right of residence)
Reference for a preliminary ruling – EEC-Turkey Association Agreement – Decision No 1/80 – Articles 6 and 7 – Legal employment – Article 9 – Access to education for children of a Turkish worker – Right of residence – Refusal
Request for a preliminary ruling from the Verwaltungsgericht Düsseldorf
Language of the case: German
Case C-210/20 Rad Service and Others v Del Debbio and Others
Reference for a preliminary ruling – Public procurement of service, supply and works contracts – Directive 2014/24/EU – Conduct of the tendering procedure – Choice of participants and award of contracts – Article 63 – Tenderer relying on the capacities of another entity in order to meet the requirements of the contracting authority – Article 57(4)(6) and (7) – Untruthful declarations submitted by that entity – Exclusion of that tenderer without requiring or permitting it to replace that entity – Principle of proportionality
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-280/20 ZN v Generalno konsulstvo na Republika Bulgaria
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Determination of international jurisdiction of the courts of a Member State – Article 5(1) – Employee residing in a Member State – Contract concluded with a consular representation of that Member State in another Member State – Functions of the employee – No exercise of public powers
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
Case C-186/21 PPU J.A. v Republika Slovenija (Detention of an applicant for international protection)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Immigration and asylum policy – International protection – Directive 2013/33/EU – Point (d) of the first subparagraph of Article 8(3) – Detention of applicants for international protection – Applicant detained subject to a return procedure under Directive 2008/115/EC and in respect of whom there are reasonable grounds to believe that he or she is making the application for international protection merely in order to delay or frustrate the enforcement of the return decision – Objective criteria on which such grounds may be based – Applicant who has already had the opportunity to access the asylum procedure
Request for a preliminary ruling from the Upravno sodišče Republike Slovenije
Language of the case: Slovene
Case C-279/19 Commissioners for Her Majesty's Revenue and Customs v WR (Innocent agent)
Reference for a preliminary ruling – General arrangements for excise duty – Directive 2008/118/EC – Article 33(3) – Goods ‘released for consumption’ in one Member State and held for commercial purposes in another Member State – Person liable to pay the excise duty that has become chargeable in respect of those goods – Person holding the goods intended for delivery in another Member State – Transporter of the goods
Request for a preliminary ruling from the Court of Appeal
Language of the case: English
Case C-591/19 P Commission v De Esteban Alonso
Appeal – Civil service – Internal investigation by the European Anti-fraud Office (OLAF) – Forwarding of information by OLAF to the national judicial authorities – Filing of a complaint by the European Commission – Concepts of an official who is ‘referred to by name’ and ‘implicated’ – Failure to inform the interested party – Commission’s right to file a complaint with the national judicial authorities before the conclusion of OLAF’s investigation – Action for damages
Language of the case: French
Case C-609/19 BNP Paribas Personal Finance v VE
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan agreement denominated in a foreign currency (Swiss francs) – Article 4(2) – Main subject matter of the contract – Terms exposing the borrower to a foreign exchange risk – Requirements of intelligibility and transparency – Article 3(1) – Significant imbalance – Article 5 – Contractual term that is in plain, intelligible language
Request for a preliminary ruling from the tribunal d’instance de Lagny-sur-Marne
Language of the case: French
Joined Cases C-776/19 to C-782/19 VB and Others v BNP Paribas Personal Finance and AV and Others v BNP Paribas Personal Finance and Procureur de la République
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan agreements denominated in a foreign currency (Swiss francs) – Limitation – Article 4(2) – Main subject matter of the contract – Terms exposing the borrower to a foreign exchange risk – Requirements of intelligibility and transparency – Burden of proof – Article 3(1) – Significant imbalance – Article 5 – Contractual term that is in plain, intelligible language – Principle of effectiveness
Requests for a preliminary ruling from the tribunal de grande instance de Paris
Language of the case: French
Case C-901/19 CF and DN v Bundesrepublik Deutschland (Concept of ‘serious and individual threat')
Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Directive 2011/95/EU – Conditions for granting subsidiary protection – Article 15(c) – Concept of ‘serious and individual threat’ to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict – National legislation requiring a minimum number of civilian casualties (killed and injured) in the relevant region
Request for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg
Language of the case: German
Case C-921/19 LH v Staatssecretaris van Justitie en Veiligheid (Newelements or findings)
Reference for a preliminary ruling – Border controls, asylum and immigration – Asylum policy – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 40(2) – Subsequent application – New elements or findings – Concept – Documents the authenticity of which cannot be established or the source of which cannot be objectively verified – Directive 2011/95/EU – Article 4(1) and (2) – Assessment of the evidence – Obligation of the Member State concerned to cooperate
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats 's-Hertogenbosch
Language of the case: Dutch
Case C-923/19 Van Ameyde España v GES, Seguros y Reaseguros
Reference for a preliminary ruling – Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Article 1, points 1 and 2 – Article 3, first, second and final paragraphs – Concept of ‘vehicle’ – Obligation to cover damage to property – Scope – Traffic accident involving an articulated vehicle the parts of which are covered by separate compulsory insurance – Damage caused to the semi-trailer by the tractor vehicle to which it was coupled when the accident occurred – Interpretation of national legislation excluding cover for that damage by the compulsory insurance against civil liability in respect of the use of that road tractor
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-65/20 VI v KRONE – Verlag
Reference for a preliminary ruling – Consumer protection – Liability for defective products – Directive 85/374/EEC – Article 2 – Concept of ‘defective product’ – Copy of a printed newspaper containing inaccurate health advice – Exclusion from the directive’s scope
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-94/20 Land Oberösterreich v KV (Housing assistance)
Reference for a preliminary ruling – Directive 2003/109/EC – Status of third-country nationals who are long-term residents – Article 11 – Right to equal treatment as regards social security, social assistance and social protection – Derogation from the principle of equal treatment in respect of social assistance and social protection – Concept of ‘core benefits’ – Directive 2000/43/EC – Principle of equal treatment between persons irrespective of racial or ethnic origin – Article 2 – Concept of discrimination – Article 21 of the Charter of Fundamental Rights of the European Union – Legislation of a Member State subjecting the grant of housing assistance to third-country nationals who are long-term residents to the condition that they provide proof, in a form specified by that legislation, that they have a basic command of the language of that Member State
Request for a preliminary ruling from the Landesgericht Linz
Language of the case: German
Case C-192/20 Prima banka Slovensko v HD
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Scope – Article 1(2) – Mandatory national legislative provisions – Early termination of the loan agreement – Accumulation of loan interest and default interest
Request for a preliminary ruling from the Krajský súd v Prešove
Language of the case: Slovak
Case C-303/20 Ultimo Portfolio Investment (Luxembourg) v KM
Reference for a preliminary ruling – Credit agreements for consumers – Directive 2008/48/EC – Risk of over-indebtedness – Article 8 – Creditor’s obligation to assess the consumer’s creditworthiness – Article 23 – Effective, proportionate and dissuasive nature of the penalty in the event of infringement of that obligation
Request for a preliminary ruling from the Sąd Rejonowy w Opatowie
Language of the case: Polish
Case C-645/19 Facebook Ireland and Others v Gegevensbeschermingsautoriteit
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 47 – Regulation (EU) 2016/679 – Cross-border processing of personal data – ‘One-stop shop’ mechanism – Sincere and effective cooperation between supervisory authorities – Competences and powers – Power to initiate or engage in legal proceedings
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
Joined Cases C-456/20 P to C-458/20 P Crédit agricole and Others v ECB
Language of the case: French
Case C-684/20 P Sharpston v Council and Representatives of the Governments of the Member States
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Consequences of the departure of the United Kingdom of Great Britain and Northern Ireland from the European Union for the members of the Court of Justice – Declaration of the Conference of the Representatives of the Governments of the Member States – End of the mandate of an Advocate General – Action for annulment
Language of the case: English
Case C-685/20 P Sharpston v Council and Representatives of the Governments of the Member States
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Consequences of the departure of the United Kingdom of Great Britain and Northern Ireland from the European Union for the members of the Court of Justice – Decision of the Representatives of the Governments of the Member States to appoint three Judges and an Advocate General to the Court of Justice – End of the mandate of an Advocate General – Action for annulment
Language of the case: English
Case C-597/19 M.I.C.M. v Telenet
Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Directive 2001/29/EC – Article 3(1) and (2) – Concept of ‘making available to the public’ – Downloading of a file containing a protected work via a peer-to-peer network and the simultaneous provision for uploading pieces of that file – Directive 2004/48/EC – Article 3(2) – Misuse of measures, procedures and remedies – Article 4 – Persons entitled to apply for the application of measures, procedures and remedies – Article 8 – Right of information – Article 13 – Concept of ‘prejudice’ – Regulation (EU) 2016/679 – Point (f) of the first subparagraph of Article 6(1) – Protection of natural persons with regard to the processing of personal data – Lawfulness of processing – Directive 2002/58/EC – Article 15(1) – Legislative measures to restrict the scope of the rights and obligations – Fundamental rights – Articles 7 and 8, Article 17(2) and the first paragraph of Article 47 of the Charter of Fundamental Rights of the European
Request for a preliminary ruling from the Ondernemingsrechtbank Antwerpen
Language of the case: Dutch
Case C-800/19 Mittelbayerischer Verlag v SM
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Article 7(2) – Special jurisdiction in matters relating to tort, delict or quasi-delict – Place where the harmful event occurred or may occur – Person claiming infringement of his personality rights resulting from the publication of an article online – Place in which the damage occurred – Centre of the interests of that person
Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie
Language of the case: Polish
Case C-862/19 P Czech Republic v Commission
Appeal – European Social Fund (ESF) – European Regional Development Fund (ERDF) – Partial cancellation of assistance for operational programmes in the Czech Republic – Directive 2004/18/EC – Article 16(b) – Specific exclusion – Public service contracts relating to programme material intended for broadcasting
Language of the case: Czech
Case C-23/20 Simonsen & Weel v Region Nordjylland og Region Syddanmark
Reference for a preliminary ruling – Public procurement – Framework agreement – Directive 2014/24/EU – Article 5(5) – Article 18(1) – Articles 33 and 49 – Points 7, 8 and 10 of Part C of Annex V – Implementing Regulation (EU) 2015/1986 – Annex II, fields II.1.5 and II.2.6 – Procurement procedures – Obligation to state, in the contract notice or the tender specifications, first, the estimated quantity or the estimated value and, second, the maximum quantity or the maximum value of the supplies under a framework agreement – Principles of transparency and equal treatment – Directive 89/665/EEC – Article 2d(1) – Procedures for review of the award of public contracts – Ineffectiveness of the contract – Exception
Request for a preliminary ruling from the Klagenævnet for Udbud
Language of the case: Danish
Joined Cases C-58/20 and C-59/20 K and DBKAG v Finanzamt Österreich
References for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 135(1) – Exemptions – Management of special investment funds – Outsourcing – Services provided by a third party
Requests for a preliminary ruling from the Bundesfinanzgericht
Language of the case: German
Joined Cases C-682/18 and C-683/18 Peterson v Google and Others and Elsevier v Cyando
Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Making available and management of a video-sharing platform or a file‑hosting and -sharing platform – Liability of the operator for infringements of intellectual property rights by users of its platform – Directive 2001/29/EC – Article 3 and Article 8(3) – Concept of ‘communication to the public’ – Directive 2000/31/EC – Articles 14 and 15 – Conditions for exemption from liability – No knowledge of specific infringements – Notification of such infringements as a condition for obtaining an injunction
Requests for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-439/19 Proceedings brought by B (Penalty points)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Articles 5, 6 and 10 – National legislation providing for public access to personal data relating to penalty points imposed for road traffic offences – Lawfulness – Concept of ‘personal data relating to criminal convictions and offences’ – Disclosure for the purpose of improving road safety – Right of public access to official documents – Freedom of information – Reconciliation with the fundamental rights to respect for private life and to the protection of personal data – Re-use of data – Article 267 TFEU – Temporal effect of a preliminary ruling – Ability of a constitutional court of a Member State to maintain the legal effects of national legislation incompatible with EU law – Principles of primacy of EU law and of legal certainty
Request for a preliminary ruling from the Satversmes tiesa
Language of the case: Latvian
Case C-718/19 Ordre des barreaux francophones et germanophone and Others v Conseil des ministres (Preventive measures for removal)
Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Directive 2004/38/EC – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Decision to terminate a person’s residence on grounds of public policy – Preventive measures to avoid any risk of the person concerned absconding during the period allowed for that person to leave the territory of the host Member State – National provisions similar to those applicable to third-country nationals under Article 7(3) of Directive 2008/115/EC – Maximum period of detention for the purpose of removal – National provision identical to that applicable to third-country nationals
Request for a preliminary ruling from the Cour constitutionnelle
Language of the case: French
Case C-719/19 FS v Staatssecretaris van Justitie en Veiligheid (Effects of an expulsion decision)
Reference for a preliminary ruling – Citizenship of the Union – Directive 2004/38/EC – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Article 15 – End of a Union citizen’s temporary residence in the territory of the host Member State – Expulsion decision – Physical departure of that Union citizen from that territory – Temporal effects of that expulsion decision – Article 6 – Possibility for that Union citizen to enjoy a new right of residence on his or her return to that territory
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-872/19 P Venezuela v Council (Whether a third State is affected)
Appeal – Common foreign and security policy (CFSP) – Restrictive measures taken with regard to the situation in Venezuela – Action for annulment brought by a third State – Admissibility – Fourth paragraph of Article 263 TFEU – Locus standi – Condition that the applicant must be directly concerned by the measure that forms the subject matter of the action – Concept of a ‘legal person’ – Interest in bringing proceedings – Regulatory act which does not entail implementing measures
Language of the case: English
Case C-550/19 EV v Obras y Servicios Públicos and Acciona Agua
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term employment concluded by ETUC, UNICE and CEEP – Clause 5 – Measures to prevent abuse arising from the use of successive fixed-term employment contracts or relationships – Successive fixed-term employment contracts in the construction sector, known as ‘fijos de obra’ – Concept of ‘objective reasons’ justifying the renewal of such contracts – Directive 2001/23/EC – Article 1(1) – Transfer of an undertaking – Article 3(1) – Safeguarding of employees’ rights – Taking over of employment contracts in accordance with the terms of a collective agreement – Collective agreement limiting the rights and obligations of the transferred workers to the rights and obligations arising from the last contract concluded with the outgoing company
Request for a preliminary ruling from the Juzgado de lo Social de Madrid
Language of the case: Spanish
Case C-559/19 Commission v Spain (Détérioration de l’espace naturel de Doñana)
Language of the case: Spanish
Case C-12/20 DB Netz v Bundesrepublik Deutschland
Request for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen
Language of the case: German
Information (on unpublished decisions)
Case C-268/19 UP v Banco Santander
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Consumer protection – Directive 93/13/EEC – Mortgage loan agreement – Unfair terms – Term limiting the variability of the interest rate (so-called ‘floor’ clause) – Novation agreement – No binding character
Case C-103/19 SUSH and CGT Sanidad de Madrid v Consejería de Sanidad de la Comunidad de Madrid
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 5(1) ‐ Successive fixed-term employment contracts in the public health sector – Concept of ‘objective reasons’ – Concept of ‘equivalent legal measures to prevent abuse’ – Substitution of the status of occasional regulated staff for that of interim regulated staff – Permanent need for temporary regulated staff
Case C-109/21 P H.R. Participations v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-635/18 Commission v Germany (Limit values – NO2)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and constant exceedance of the limit values for nitrogen dioxide (NO2) in certain zones and agglomerations of Germany – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures
Joined Cases C-818/18 P and C-6/19 P Yokohama Rubber v EUIPO and EUIPO v Pirelli Tyre
Appeal – EU trade mark – Absolute grounds for refusal or invalidity of registration – Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result – Regulation (EC) No 40/94 – Article 7(1)(e)(ii) – Sign consisting of a shape which does not represent a significant part of the goods
Case C-359/20 P Talanton v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Arbitration clause – Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) – Grant agreement – Non-eligible costs – Recovery decision – Action brought by the recipient before the General Court of the European Union on the basis of Article 272 TFEU – Distortion of the facts – Reasonable period of time – Principle of good faith – Legitimate expectations – Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded
Case C-699/20 Centraal Justitieel Incassobureau v AP
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the General Court – Judicial cooperation in criminal matters – Framework Decision 2005/214/JHA – Refusal to recognise a decision imposing a financial penalty – No pending litigation before the court that refused that request – Manifest inadmissibility
Case C-198/20 MN and Others v X Bank
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Consumer protection – Directive 93/13/EEC – Article 2(b) – Concept of ‘consumer’ – Mortgage loan drawn up in a foreign currency – Articles 3 and 4 – Assessment of the unfairness of a contractual term
Case C-153/20 P Lithuania v Commission
Appeal – European Agricultural Guarantee Fund (EAGF) and European Agricultural Fund for Rural Development (EAFRD) – Expenditure excluded from EU financing – Expenditure incurred by the Republic of Lithuania – Regulation (EU) No 65/2011 – Administrative checks – On-the-spot check – Quality of checks – Quality of the applicants – Artificial conditions – Expenditure incurred through projects
Case C-81/20 Mitliv Exim v Agenţia Naţională de Administrare Fiscală and Direcţia Generală de Administrare a Marilor Contribuabili
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice – Value added tax (VAT) – Directive 2006/112/EC – Fundamental rights – Principle of ne bis in idem – Both criminal and administrative penalties – Not applicable – Ancillary tax liabilities – Interest on a sum paid by the taxpayer in the context of criminal proceedings
Case C-206/20 VA
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 8(1)(c) – European arrest warrant issued by the public prosecutor’s office of a Member State for the purposes of criminal prosecution on the basis of a measure involving deprivation of liberty issued by the same authority – No judicial review prior to surrender of the requested person – Consequences – Effective judicial protection – Charter of Fundamental Rights of the European Union – Article 47
Case C-114/21 P Cinkciarz.pl v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-167/20 P WD v EFSA
Appeal – Civil service – Members of the temporary staff – Fixed-term contract – Decision not to reclassify – Lack of appraisal reports – Decision not to renew the contract
Case C-219/21 P Olimp Laboratories v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-220/21 P(I) ratiopharm and Others v Commission
Appeal – Intervention – Second paragraph of Article 40 of the Statute of the Court of Justice of the European Union – Interest in the result of the case – Public health – Medicinal products for human use – Regulation (EC) No 726/2004 – Directive 2001/83/EC – Decision granting marketing authorisation for the medicinal product for human use Dexmedetomidine Accord – dexmedetomidine – Dismissal
Case C-593/20 SA Moro and Others v Commission
Application for leave to serve a garnishee order on the European Commission
Case C-185/21 P Turk Hava Yollari v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-21/21 P Comprojecto-Projectos e Construções and Others v Court of Justice of the European Union and Others
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Article 56 of the Statute of the Court of Justice of the European Union – Appeal lodged out of time – Appeal brought against an order of the General Court of the European Union dismissing as inadmissible an application for rectification – Appeal manifestly inadmissible
July 2021
Case C-521/19 CB v Tribunal Económico Administrativo Regional de Galicia
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Tax inspection – Supply of services as an activity of an agent for performing artists – Transactions subject to VAT – Transactions not declared to the tax authority and not invoiced – Fraud – Reconstitution of the taxable amount for income tax purposes – Principle of VAT neutrality – Inclusion of VAT in the reconstituted taxable amount
Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
Case C-301/20 UE and HC v Vorarlberger Landes- und Hypotheken-Bank
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 650/2012 – European Certificate of Succession – Validity of a certified copy of the certificate not having an expiration date – Article 65(1) – Article 69 – Effects of the certificate as regards the persons who are designated on it but have not requested it to be issued – Article 70(3) – Date to take into account for the assessment of the validity of the copy – Evidential effects of the copy
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-428/19 OL and Others v Rapidsped
Reference for a preliminary ruling – Directive 96/71/EEC – Article 1(1) and Articles 3 and 5 – Posting of workers in the framework of the provision of services – Drivers working in international road transport – Compliance with the minimum rates of pay of the country of posting – Daily allowance – Regulation (EC) No 561/2006 – Article 10 – Remuneration paid to employees according to fuel consumption
Request for a preliminary ruling from the Gyulai Törvényszék
Language of the case: Hungarian
Case C-695/19 Rádio Popular v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Directive 2006/112/EC – Value added tax (VAT) – Exemptions – Article 135(1)(a) – Definition of ‘insurance’ transactions and of ‘related services performed by insurance brokers and insurance agents’ – Article 174(2) – Right to deduction – Proportional deduction – Extended warranties on household electrical appliances and other computer and telecommunications equipment – Definition of ‘financial transactions’
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
Case C-830/19 C.J. v Région wallonne (Support for young farmers)
Reference for a preliminary ruling – Agriculture – European Agricultural Fund for Rural Development (EAFRD) – Regulation (EU) No 1305/2013 – Delegated Regulation (EU) No 807/2014 – Young farmers setting up – Farm development – Business start-up aid for young farmers – Conditions of access – Equivalence – Not setting up as sole head of the holding – Upper thresholds – Fixing – Criteria – Standard output of the agricultural holding
Request for a preliminary ruling from the Tribunal de première instance de Namur
Language of the case: French
Case C-937/19 Staatsanwaltschaft Köln and Bundesamt für Güterverkehr v KA
Reference for a preliminary ruling – Regulation (EC) No 1072/2009 – Article 1(5)(d) – Article 8 – International carriage of goods by road from one Member State to another Member State – Cabotage operations following that international carriage in the territory of the latter Member State – Restrictions – Requirement of a Community licence and, where appropriate, a carriage authorisation – Exemptions – Cabotage operations following an international carriage on one’s own account – Conditions
Request for a preliminary ruling from the Amtsgericht Köln
Language of the case: German
Case C-71/20 Criminal proceedings against VAS Shipping
Reference for a preliminary ruling – Articles 49 and 54 TFEU – Freedom of establishment – National legislation requiring third-country nationals employed on a vessel flying the flag of a Member State to hold a work permit in that Member State – Exemption covering vessels that call at the Member State’s port no more than 25 times in a one-year period – Restriction – Article 79(5) TFEU – National legislation aimed at fixing the volumes of admission of third-country nationals coming from third countries to the territory of the Member State concerned in order to seek work, whether employed or self-employed
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-120/20 Koleje Mazowieckie v Skarb Państwa and PKP Polskie Linie Kolejowe
Reference for a preliminary ruling – Rail transport – Allocation of railway infrastructure capacity and levying of charges for the use of railway infrastructure – Directive 2001/14/EC – Article 4(5) – Charging – Article 30 – National regulatory body tasked with ensuring that infrastructure charges comply with that directive – Contract for the use of infrastructure concluded between the infrastructure manager and a railway undertaking – Incorrect transposition – State liability – Claim for damages – Prior referral to the national regulatory body
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-166/20 BB v Lietuvos Respublikos sveikatos apsaugos ministerija
Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Article 1 and Article 10(b) – Professional qualifications obtained in several Member States – Conditions for obtaining – No formal evidence of qualifications – Articles 45 and 49 TFEU – Workers – Freedom of establishment
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-178/20 Pharma Expressz Szolgáltató és Kereskedelmi v Országos Gyógyszerészeti és Élelmezés-egészségügyi Intézet
Reference for a preliminary ruling – Free movement of goods – Medicinal products for human use – Directive 2001/83/EC – Article 5(1), Article 6(1) and Articles 70 to 73 – Medicinal products authorised in one Member State – Classification as medicinal products not subject to medical prescription – Sale in pharmacies of another Member State where the medicinal product does not have a marketing authorisation – National legislation requiring notification to be given to the competent authority and a declaration from that authority concerning the use of that medicinal product – Article 34 TFEU – Quantitative restriction
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-295/20 „Sanresa“ v Aplinkos apsaugos departamentas prie Aplinkos ministerijos
Reference for a preliminary ruling – Public procurement – Award of a public contract for waste treatment services – Directive 2014/24/EU – Articles 58 and 70 – Classification of the operator’s obligation to hold written prior consent for cross-border shipments of waste – Condition of performance of the contract
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-204/21 R Commission v Poland
Interim relief – Article 279 TFEU – Application for interim measures – Second subparagraph of Article 19(1) TEU – Independence of the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland) – Charter of Fundamental Rights of the European Union – Article 47 – Effective judicial protection – Independence of judges – Disciplinary regime for judges – Examination of questions of law concerning the lack of independence of judges – Exclusive jurisdiction of the Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Extraordinary Review and Public Affairs Chamber) of the Sąd Najwyższy (Supreme Court)
Language of the case: Polish
Joined Cases C-804/18 and C-341/19 IX v WABE and MH Müller Handel v MJ
Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Prohibition of discrimination on the grounds of religion or belief – Internal rule of a private undertaking prohibiting the wearing of any visible political, philosophical or religious sign or the wearing of conspicuous, large-sized political, philosophical or religious signs in the workplace – Direct or indirect discrimination – Proportionality – Balancing the freedom of religion and other fundamental rights – Legitimacy of the policy of neutrality adopted by the employer – Need to establish economic loss suffered by the employer
Requests for a preliminary ruling from the Arbeitsgericht Hamburg and Bundesarbeitsgericht
Language of the case: German
Case C-453/19 P Deutsche Lufthansa v Commission
Appeal – State aid – Aid for airports and airlines – Decision classifying the measures in favour of Frankfurt Hahn airport as State aid compatible with the internal market and finding no State aid in favour of airlines using that airport – Inadmissibility of an action for annulment – Fourth paragraph of Article 263 TFEU – Natural or legal person not directly and individually concerned by the decision at issue – Effective judicial protection
Language of the case: German
Case C-535/19 A (Public health care)
Reference for a preliminary ruling – Freedom of movement for persons – Citizenship of the Union – Regulation (EC) No 883/2004 – Article 3(1)(a) – Sickness benefits – Concept – Article 4 and Article 11(3)(e) – Directive 2004/38/EC – Article 7(1)(b) – Right of residence for more than three months – Condition of having comprehensive sickness insurance cover – Article 24 – Equal treatment – Economically inactive national of a Member State residing legally in the territory of another Member State – Refusal by the host Member State to affiliate that person to its public sickness insurance system
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
Case C-742/19 B. K. v Ministrstvo za obrambo
Reference for a preliminary ruling – Protection of the safety and health of workers – Organisation of working time – Members of the armed forces – Applicability of EU law – Article 4(2) TEU – Directive 2003/88/EC – Scope – Article 1(3) – Directive 89/391/EEC – Article 2(2) – Military activities – Concept of ‘working time’ – Stand-by period – Dispute concerning the remuneration of a worker
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
Case C-758/19 OH v ID (Immunity from jurisdiction)
Reference for a preliminary ruling – Articles 268, 270, 340 and 343 TFEU – Protocol (No 7) on the privileges and immunities of the European Union – Articles 11, 17 and 19 – Former member of the European Commission – Immunity from jurisdiction – Claim for non-contractual liability – Waiver of immunity – Jurisdiction of the Court of Justice of the European Union
Request for a preliminary ruling from the Protodikeio Athinon
Language of the case: Greek
Case C-791/19 Commission v Poland (Disciplinary regime for judges)
Failure of a Member State to fulfil obligations – Disciplinary regime applicable to judges – Rule of law – Independence of judges – Effective legal protection in the fields covered by Union law – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Disciplinary offences resulting from the content of judicial decisions – Independent disciplinary courts or tribunals established by law – Respect for reasonable time and the rights of the defence in disciplinary proceedings – Article 267 TFEU – Restriction of the right of national courts to submit requests for a preliminary ruling to the Court of Justice and of their obligation to do so
Language of the case: Polish
Case C-795/19 XX v Tartu Vangla
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Prohibition of discrimination on grounds of disability – Article 2(2)(a) – Article 4(1) – Article 5 – National legislation laying down requirements in respect of the hearing acuity of prison officers – Failure to meet the standards of sound perception required – Absolute bar to remaining in employment
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
Case C-848/19 P Germany v Poland
Appeal – Article 194(1) TFEU – Principle of energy solidarity – Directive 2009/73/EC – Internal market in natural gas – Article 36(1) – Decision of the European Commission on review of the exemption of the OPAL pipeline from the requirements on third-party access and tariff regulation following a request by the German regulatory authority – Action for annulment
Language of the case: Polish
Case C-851/19 P DK v EEAS
Appeal – Civil service – Disciplinary proceedings – Disciplinary penalty – Determination of that penalty – Withholding of an amount from the pension – Criminal conviction and civil sanction before national courts – Compensation, in whole or in part, for non-material damage caused to the European Union – Lack of relevance of that compensation – Article 10 of the Staff Regulations of Officials of the European Union – Principle of equal treatment – Principle of proportionality
Language of the case: French
Case C-911/19 FBF v ACPR
Reference for a preliminary ruling – Articles 263 and 267 TFEU – EU act which is not legally binding – Judicial review – Guidelines issued by the European Banking Authority (EBA) – Product oversight and governance arrangements for retail banking products – Validity – Power of the EBA
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-30/20 RH v Volvo and Others
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 7(2) – Jurisdiction in matters relating to tort, delict or quasi-delict – Place where the damage occurred – Cartel declared contrary to Article 101 TFEU and Article 53 of the Agreement on the European Economic Area – Determination of international and territorial jurisdiction – Centralisation of jurisdiction in favour of a specialised court
Request for a preliminary ruling from the Juzgado de lo Mercantil de Madrid
Language of the case: Spanish
Case C-60/20 Latvijas dzelzceļš v Valsts dzelzceļa administrācija (Railway service facilities)
Reference for a preliminary ruling – Rail transport – Directive 2012/34/EU – Single European railway area – Article 13(2) and (6) – Access to service facilities and to rail-related services – Regulation (EU) 2017/2177 – Reconversion of facilities – Powers of the regulatory body
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
Joined Cases C-152/20 and C-218/20 DG and EH v SC Gruber Logistics and Sindicatul Lucrătorilor din Transporturi v SC Samidani Trans
Reference for a preliminary ruling – Judicial cooperation in civil matters – Law applicable to contractual obligations – Regulation (EC) No 593/2008 – Articles 3 and 8 – Choice of law by the parties – Individual employment contracts – Employees who perform work in more than one Member State – Existence of closer connections with a country other than that in which or from which the employee habitually carries out his or her work or in which the place of business through which the employee was engaged is situated – Concept of ‘provisions which cannot be derogated from by agreement’ – Minimum wage
Requests for a preliminary ruling from the Tribunalul Mureş
Language of the case: Romanian
Case C-190/20 DocMorris v Apothekerkammer Nordrhein
Reference for a preliminary ruling – Medicinal products for human use subject to a medical prescription – Directive 2001/83/EC – Scope – Advertising by a mail-order pharmacy intended to influence not the customer’s choice of a particular medicinal product, but the choice of pharmacy – Prize competition – Free movement of goods – National legislation – Prohibition on offering, advertising or granting advantages and other promotional gifts in the field of therapeutic products – Selling arrangements falling outside the scope of Article 34 TFEU
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-241/20 BJ v Belgian State (Loss of tax advantages in the Member State of residence)
Reference for a preliminary ruling – Freedom of movement for workers – Free movement of capital – Income tax – Legislation for the avoidance of double taxation – Income received in a Member State other than that of residence – Method of calculating the exemption in the Member State of residence – Loss of part of the benefit of certain tax advantages
Request for a preliminary ruling from the Tribunal de première instance du Luxembourg
Language of the case: French
Case C-325/20 BEMH and CNCC v Premier ministre and Others
Reference for a preliminary ruling – Directive 2006/123/EC – Article 14(6) – Freedom of establishment – Commercial operating permit issued by a collegiate body – Body made up of, inter alia, recognised experts representative of the economic fabric – Persons potentially constituting or representing competing operators of the applicant for authorisation – Prohibition
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-362/20 Openbaar Ministerie and Federale Overheidsdienst Financiën v Profit Europe and Gosselin Forwarding Services
Reference for a preliminary ruling – Commercial policy – Regulation (EU) No 1071/2012 – Implementing Regulation (EU) No 430/2013 – Common Customs Tariff – Tariff classification – Combined Nomenclature – Subheadings 7307 11 10, 7307 19 10 and 7307 19 90 – Scope – Tariff classification resulting from a Court judgment – Definitive anti-dumping duties on imports of threaded tube or pipe cast fittings, of malleable cast iron – Whether definitive anti-dumping duties are applicable on imports of threaded tube or pipe cast fittings, of spheroidal graphite cast iron
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
Joined Cases C-584/20 P and C-621/20 P Commission v Landesbank Baden-Württemberg and SRB
Appeal – Banking union – Single Resolution Mechanism (SRM) – Single Resolution Fund (SRF) – Calculation of the 2017 ex ante contributions – Authentication of a decision of the Single Resolution Board (SRB) – Obligation to state reasons – Confidential data – Legality of Delegated Regulation (EU) 2015/63
Language of the case: German
Case C-709/20 CG v The Department for Communities in Northern Ireland
Reference for a preliminary ruling – Citizenship of the Union – National of a Member State without an activity residing in the territory of another Member State on the basis of national law – First paragraph of Article 18 TFEU – Non-discrimination based on nationality – Directive 2004/38/EC – Article 7 – Conditions for obtaining a right of residence for more than three months – Article 24 – Social assistance – Concept – Equal treatment – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland – Transition period – National provision excluding Union citizens with a right of residence for a fixed period under national law from social assistance – Charter of Fundamental Rights of the European Union – Articles 1, 7 and 24
Request for a preliminary ruling from the Appeal Tribunal (Northern Ireland)
Language of the case: English
Information (on unpublished decisions)
Case C-607/18 P-OST NKT Verwaltungs and NKT v Commission
Article 155 of the Rules of Procedure of the Court of Justice – Failure to adjudicate – None – Article 158 of the Rules of Procedure – Interpretation of a judgment – Inadmissibility
Case C-636/20 Tolnatext v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Union Customs Code – Article 22(6) – Article 29 – Right to be heard – Procedures initiated ex officio – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Insufficient information as to the reasons justifying the need for an answer to the questions referred for a preliminary ruling for the purposes of resolving the dispute in the main proceedings – Manifest inadmissibility of the request for a preliminary ruling
Case C-244/21 C.I.I. v Ministerul Public
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Charter of Fundamental Rights of the European Union – Article 49 – Principles of legality and proportionality of criminal offences and penalties – National case-law prohibiting the application of new more lenient criminal legislation where it requires a new assessment of a legal characterisation that already has the force of res judicata – No implementation of EU law – Clear lack of jurisdiction of the Court
Case C-717/20 P Karpeta-Kovalyova v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Members of the contract staff – Spouse of a Greek diplomat who resided in Brussels prior to the recruitment – Definition of the place of recruitment and the centre of interests – Refusal to grant the appellant the expatriation allowance and related benefits – Appeal manifestly unfounded
Case C-46/21 P-R ACER v Aquind
Application for interim relief – Appeal – Articles 278 and 279 TFEU – Application for suspension of operation of a measure – Application for interim measures – Regulation (EC) No 714/2009 – Conditions for access to the network for cross-border exchanges in electricity – Article 17 – Decision of the European Union Agency for the Cooperation of Energy Regulators (ACER) refusing a request for exemption relating to new electrical interconnectors – Appeal brought before the Board of Appeal of ACER – Annulment of the decision adjudicating on that appeal
Cases C-276/21 P(R) Indofil Industries (Netherlands) v Commission
Appeal – Order for interim measures – Plant protection products – Implementing Regulation (EU) 2020/2087 – Non-renewal of approval of the active substance mancozeb – Application for suspension of operation of a measure – No urgency – Assessment of the facts – No distortion of the facts or evidence – Grounds included for the sake of completeness
Case C-281/21 P(R) Symrise v ECHA
Appeal – Interim order – Regulation (EC) No 1907/2006 – Registration, evaluation, authorisation and restriction of chemicals (REACH) – Substance 2-ethylhexyl salicylate – Substance used exclusively in the manufacture of cosmetic products – Decision of the European Chemicals Agency (ECHA) requesting that the applicant submit additional toxicity studies and tests – Application for interim measures – No urgency – Dismissal
Case C-282/21 P(R) Symrise v ECHA
Appeal – Interim order – Regulation (EC) No 1907/2006 – Registration, evaluation, authorisation and restriction of chemicals (REACH) – Substance homosalate – Substance used exclusively in the manufacture of cosmetic products – Decision of the European Chemicals Agency (ECHA) requesting that the applicant submit additional toxicity studies and tests – Application for interim measures – No urgency – Dismissal
Case C-728/20 XX and Others, members of the Uniunea Revoluţionarilor din România v Romania and Others
Action for damages brought by natural persons against a Member State – Action seeking a declaration that the European Parliament and the European Commission failed to act – Application for recognition of the status of politically persecuted persons – Declaration that rights guaranteed by national rules have been infringed – Purely internal situation – Clear lack of jurisdiction of the Court
August 2021
Case C-262/21 PPU A v B
Reference for a preliminary ruling – Area of freedom, security and justice – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility – Regulation (EC) No 2201/2003 – Scope – Article 2(11) – Definition of ‘wrongful removal or retention of a child’ – Hague Convention of 25 October 1980 – Application for return of a child of a young age whose parents have joint custody – Third-country nationals – Transfer of the child and his mother to the Member State responsible for examining an application for international protection under Regulation (EU) No 604/2013 (Dublin III)
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
September 2021
Case C-387/20 Proceedings brought by OKR (Reference for a preliminary ruling from a notary acting as a deputy for another notary)
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Notary acting as a deputy for another notary – Definition of ‘court or tribunal’ – Criteria – Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Notariusz w Krapkowicach Justyna Gawlica - Krapkowice
Language of the case: Polish
Case C-718/18 Commission v Germany (Transposition of Directives 2009/72 and 2009/73)
Failure of a Member State to fulfil obligations – Internal markets for electricity and natural gas – Directive 2009/72/EC – Article 2(21) – Article 19(3), (5) and (8) – Article 37(1)(a) and (6)(a) and (b) – Directive 2009/73/EC – Article 2(20) – Article 19(3), (5) and (8) – Article 41(1)(a) and (6)(a) and (b) – Concept of a ‘vertically integrated undertaking’ – Effective unbundling of networks from the activities of production and supply of electricity and natural gas – Independent transmission operator – Independence of the staff and the management of the transmission system operator – Transitional periods – Shares held in the capital of the vertically integrated undertaking – National regulatory authorities – Independence – Exclusive powers – Article 45 TFEU – Freedom of movement for workers – Charter of Fundamental Rights of the European Union – Article 15 – Right to engage in work and to pursue an occupation – Article 17 – Right to property – Article 52(1) – Restrictions – Principle of democracy
Language of the case: German
Case C-57/19 P Commission v Tempus Energy and Tempus Energy Technology
Appeal – State aid – Aid scheme – Article 108(2) and (3) TFEU – Regulation (EC) No 659/1999 – Article 4(3) and (4) – Concept of ‘doubts as to the compatibility of a notified measure with the common market’ – Decision not to raise objections – Formal investigation procedure not initiated – Guidelines on State aid for environmental protection and energy 2014-2020 – Code of Best Practice for the conduct of State aid control procedures – ‘Pre-notification’ contacts – Procedural rights of interested parties – Electricity capacity market in the United Kingdom
Language of the case: English
Case C-570/19 Irish Ferries v National Transport Authority
Reference for a preliminary ruling – Maritime transport – Rights of passengers when travelling by sea and inland waterway – Regulation (EU) No 1177/2010 – Articles 18 and 19, Article 20(4), and Articles 24 and 25 – Cancellation of passenger services – Late delivery of a vessel to the carrier – Notice given prior to the originally scheduled date of departure – Consequences – Right to re-routing – Procedures – Payment of the additional costs – Right to compensation – Calculation – Concept of ticket price – National body responsible for the enforcement of Regulation No 1177/2010 – Competence – Concept of a complaint – Assessment of validity – Articles 16, 17, 20 and 47 of the Charter of Fundamental Rights of the European Union – Principles of proportionality, legal certainty and equal treatment
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
Case C-579/19 The Queen, on the application of: Association of Independent Meat Suppliers and Cleveland Meat Company v Food Standards Agency
Reference for a preliminary ruling – Protection of health – Regulation (EC) No 854/2004 – Article 5(2) – Regulation (EC) No 882/2004 – Article 54(3) – Hygiene rules applicable to food of animal origin – Post-mortem inspection of the carcass and offal – Official veterinarian – Health marking – Refusal – Meat declared unfit for human consumption – Right of appeal against a decision of the official veterinarian – Effective judicial protection – Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
Case C-647/19 P Ja zum Nürburgring v Commission
Appeal – State aid – Aid in favour of the Nürburgring complex (Germany) – Decision declaring the aid in part incompatible with the internal market – Sale of the assets of the beneficiaries of the State aid declared to be incompatible – Open, transparent, non-discriminatory and unconditional tender process – Decision declaring that the reimbursement of the incompatible aid did not concern the new owner of the Nürburgring complex and that the latter did not receive new aid for the acquisition of that complex – Admissibility – Status as an interested party – Person individually concerned – Infringement of the procedural rights of the interested parties – Difficulties requiring the initiation of a formal investigation procedure Justification Distortion of the evidence
Language of the case: German
Case C-665/19 P NeXovation v Commission
Appeal – State aid – Aid in favour of the Nürburgring complex (Germany) – Decision declaring the aid partly incompatible with the internal market – Sale of the assets of the beneficiaries of the State aid found to be incompatible – Open, transparent, non-discriminatory and unconditional tender process – Decision declaring that the reimbursement of incompatible aid did not concern the new owner of the Nürburgring complex and that the latter did not receive new aid for the acquisition of that complex – Admissibility – Status as an interested party – Person individually concerned – Infringement of the procedural rights of the interested parties – Difficulties requiring the initiation of a formal investigation procedure – Justification
Language of the case: English
Joined Cases C-721/19 and C-722/19 Sisal and Others v Agenzia delle Dogane e dei Monopoli and Ministero dell'Economia e delle Finanze
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-741/19 Republic of Moldova v Komstroy
Reference for a preliminary ruling – Energy Charter Treaty – Article 26 – Inapplicability between Member States – Arbitration Award – Judicial review – Jurisdiction of a court of a Member State – Dispute between a third-State operator and a third State – Jurisdiction of the Court – Article 1(6) of the Energy Charter Treaty – Concept of ‘investment’
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
Case C-790/19 Parchetul de pe lângă Tribunalul Braşov v LG and MH (Self-laundering)
Reference for a preliminary ruling – Prevention of the use of the financial system for the purposes of money laundering and terrorist financing – Directive (EU) 2015/849 – Directive 2005/60/EC – Offence of money laundering – Laundering by the perpetrator of the predicate offence (‘self-laundering’)
Request for a preliminary ruling from the Curtea de Apel Braşov
Language of the case: Romanian
Case C-836/19 Toropet v Landkreis Greiz
Reference for a preliminary ruling – Public health – Health rules concerning animal by-products not intended for human consumption – Regulation (EC) No 1069/2009 – Article 9(d) and Article 10(a) and (f) – Classification of products – Decomposition, spoilage and the presence of foreign bodies in the material – Effect on original classification
Request for a preliminary ruling from the Verwaltungsgericht Gera
Language of the case: German
Case C-854/19 Vodafone v Bundesrepublik Deutschland
Reference for a preliminary ruling – Electronic communications – Regulation (EU) 2015/2120 – Article 3 – Open internet access – Article 3(1) – End users’ rights – Article 3(2) – Prohibition of agreements and commercial practices limiting the exercise of end users’ rights – Article 3(3) – Obligation of equal and non-discriminatory treatment of traffic – Possibility of implementing reasonable traffic management measures – Additional ‘zero tariff’ option – ‘Zero tariff’ excluded in the case of roaming
Request for a preliminary ruling from the Verwaltungsgericht Köln
Language of the case: German
Case C-928/19 P EPSU v Commission
Appeal – Law governing the institutions – Social policy – Articles 154 and 155 TFEU – Social dialogue between management and labour at EU level – Informing and consulting civil servants and employees of central government administrations of the Member States – Agreement concluded between the social partners – Joint request of the signatories to that agreement seeking its implementation at EU level – Refusal of the European Commission to submit a proposal for a decision to the Council of the European Union – Standard of judicial review – Obligation to state reasons for the decision refusing to submit the proposal
Language of the case: English
Case C-930/19 X v Belgian State (Right of residence in the event of domestic violence)
Reference for a preliminary ruling – Directive 2004/38/EC – Article 13(2) – Right of residence of family members of a Union citizen – Marriage between a Union citizen and a third-country national – Retention, in the event of divorce, of the right of residence by a third-country national who is the victim of acts of domestic violence committed by his or her spouse – Requirement to demonstrate the existence of sufficient resources – No such requirement in Directive 2003/86/EC – Validity – Charter of Fundamental Rights of the European Union – Articles 20 and 21 – Equal treatment – Difference in treatment based on whether the sponsor is a Union citizen or a third-country national – Non-comparability of situations
Request for a preliminary ruling from the Conseil du Contentieux des Étrangers
Language of the case: French
Case C-932/19 JZ v OTP Jelzálogbank and Others
Reference for a preliminary ruling – Consumer protection – Unfair terms – Directive 93/13/EEC – Article 1(2) – Article 6(1) – Loan denominated in foreign currency – Difference between the exchange rate applicable when the loaned funds are released and when they are repaid – Member State legislation providing for the replacement of an unfair term by a provision of national law – Possibility for the national court to invalidate the entire agreement containing the unfair term – Possible consideration of the protection offered by that legislation and of the consumer’s wishes regarding its application
Request for a preliminary ruling from the Győri Ítélőtábla
Language of the case: Hungarian
Case C-5/20 Bundesverband der Verbraucherzentralen und Verbraucherverbände v Vodafone
Reference for a preliminary ruling – Electronic communications – Regulation (EU) 2015/2120 – Article 3 – Open internet access – Article 3(1) – End users’ rights – Article 3(2) – Prohibition of agreements and commercial practices limiting the exercise of end users’ rights – Article 3(3) – Obligation of equal and non-discriminatory treatment of traffic – Possibility of implementing reasonable traffic management measures – Additional ‘zero tariff’ option – Limitation on tethering
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-22/20 Commission v Sweden (Waste water treatment plants)
Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Articles 4, 5, 10 and 15 – Urban waste water treatment – Secondary or equivalent treatment of urban waste water from agglomerations of certain dimensions – More stringent treatment of discharges into sensitive areas – Article 4(3) TEU – Verification of data provided by the Member States – Obligation of sincere cooperation
Language of the case: Swedish
Case C-34/20 Telekom Deutschland v Bundesrepublik Deutschland
Reference for a preliminary ruling – Electronic communications – Regulation (EU) 2015/2120 – Article 3 – Open internet access – Article 3(1) – End users’ rights – Article 3(2) – Prohibition of agreements and commercial practices limiting the exercise of end users’ rights – Article 3(3) – Obligation of equal and non-discriminatory treatment of traffic – Possibility of implementing reasonable traffic management measures – Additional ‘zero tariff’ option – Limitation on bandwidth
Request for a preliminary ruling from the Verwaltungsgericht Köln
Language of the case: German
Case C-66/20 XK
Reference for a preliminary ruling – Article 267 TFEU – Definition of ‘court or tribunal of a Member State’ – Criteria – Procura della Repubblica di Trento (Public Prosecutor’s Office, Trento, Italy) – Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Procura della Repubblica di Trento
Language of the case: Italian
Case C-180/20 Commission v Council (Agreement with Armenia)
Action for annulment – Decision (EU) 2020/245 and 2020/246 – Position to be taken on behalf of the European Union within the Partnership Council established by the Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part – Agreement some provisions of which may be linked with the Common Foreign and Security Policy (CFSP) – Adoption of the Rules of Procedure of the Partnership Council and those of the Partnership Committee, subcommittees and other bodies – Adoption of two separate decisions – Choice of legal basis – Article 37 TEU – Article 218(9) TFEU – Voting rules
Language of the case: English
Case C-337/20 DM and LR v CRCAM
Reference for a preliminary ruling – Approximation of laws – Payment services in the internal market – Directive 2007/64/EC – Articles 58 and 60 – Payment service user – Notification of unauthorised payment transactions – Liability of the payment service provider for those transactions – Action for liability brought by the guarantor of a payment service user
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-350/20 O.D. and Others v INPS (Childbirth and maternity allowances for holders of single permits)
Reference for a preliminary ruling – Directive 2011/98/EU – Rights for third-country workers who hold single permits – Article 12 – Right to equal treatment – Social security – Regulation (EC) No 883/2004 – Coordination of social security systems – Article 3 – Maternity and paternity benefits – Family benefits – Legislation of a Member State excluding third-country nationals holding a single permit from entitlement to a childbirth allowance and a maternity allowance
Request for a preliminary ruling from the Corte costituzionale
Language of the case: Italian
Case C-371/20 Peek & Cloppenburg v Peek & Cloppenburg
Reference for a preliminary ruling – Consumer protection – Directive 2005/29/EC – Unfair commercial practices – Commercial practices deemed to be unfair in all circumstances – Misleading commercial practices – First sentence of point 11 of Annex I – Advertising campaigns – Use of editorial content in the media to promote a product – Promotion financed by the trader itself – Concept of ‘payment’ – Promotion of sales of the products of the media operator company and of the trader – Advertorial
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-379/20 B v Udlændingenævnet
Reference for a preliminary ruling – EEC-Turkey Association Agreement – Decision No 1/80 – Article 13 – Standstill clause – New restriction – Family reunification of minor children of Turkish workers – Age condition – Requirement of compelling reasons in order to be granted family reunification – Overriding reason in the public interest – Successful integration – Proportionality
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-502/20 TP v Institut des Experts en Automobiles
Reference for a preliminary ruling – Freedom of establishment – Freedom to provide services – Recognition of professional qualifications – Directive 2005/36/EC – Article 5(2) – Automotive expert established in one Member State who moves to the territory of the host Member State in order to pursue, on a temporary and occasional basis, his profession – Refusal of the professional body of the host Member State, in which he was previously established, to enter him in the register of temporary and occasional service providers – Concept of ‘temporary and occasional provision of services’
Request for a preliminary ruling from the Cour d'appel de Mons
Language of the case: French
Case C-927/19 Klaipėdos regiono atliekų tvarkymo centras
Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Article 58(3) and (4) – Article 60(3) and (4) – Annex XII – Conduct of procurement procedures – Selection of participants – Selection criteria – Methods of proof – Economic and financial standing of economic operators – Whether the leader of a temporary association of undertakings may rely on income received in relation to a previous public contract in the same area as the public contract at issue including where it did not itself exercise the activity which is the subject matter of the public contract at issue – Technical and professional ability of economic operators – Exhaustive nature of means of proof permitted by the directive – Article 57(4)(h), (6) and (7) – Award of public service contracts – Non-compulsory grounds for exclusion from participation in a procurement procedure – Inclusion on a list of economic operators excluded from procurement procedures – Joint liability of members of a temporary association of undertakings – Personal nature of the penalty – Article 21 – Protection of the confidentiality of information submitted to the contracting authority by an economic operator – Directive (EU) 2016/943 – Article 9 – Confidentiality – Protection of trade secrets – Applicability to procurement procedures – Directive 89/665/EEC – Article 1 – Right to an effective remedy
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-546/18 FN and Others v Übernahmekommission
Reference for a preliminary ruling – Company law – Takeover bids – Directive 2004/25/EC – Article 5 – Mandatory bid – Article 4 – Supervisory authority – Final decision making a finding of infringement of the obligation to make a takeover bid – Binding effect of that decision in subsequent proceedings for an administrative sanction initiated by the same authority – EU law principle of effectiveness – General principles of EU law – Rights of the defence – Charter of Fundamental Rights of the European Union – Articles 47 and 48 – Right to silence – Presumption of innocence – Access to an independent and impartial tribunal
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-605/18 Adler Real Estate and Others v Finanzmarktaufsichtsbehörde
Reference for a preliminary ruling – Securities admitted to trading on a regulated market situated or operating within a Member State – Obligation of transparency – Notification of ‘major holdings’ in companies acquired by ‘persons acting in concert’ – Directive 2004/109/EC – Fourth subparagraph of Article 3(1a) – Concept of ‘more stringent’ requirements – Directive 2004/25/EC – ‘Supervision’ by an authority designated pursuant to Article 4 of that directive
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-107/19 XR v Dopravní podnik hl. m. Prahy
Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Organisation of working time – Concepts of ‘working time’ and ‘rest period’ – Break during which the employee must remain ready to respond to a call-out within a two-minute time limit – Primacy of EU law
Request for a preliminary ruling from the Obvodní soud pro Prahu 9
Language of the case: Czech
Case C-768/19 Bundesrepublik Deutschland v SE (Family member)
Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Directive 2011/95/EU – Third indent of Article 2(j) – Concept of ‘family member’ – Adult applying for international protection on the basis of his or her family relationship with a minor who has already been granted subsidiary protection – Relevant date for assessing ‘minor’ status
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-783/19 Comité Interprofessionnel du Vin de Champagne v GB
Reference for a preliminary ruling – Agriculture – Protection of designations of origin and geographical indications – Uniform and exhaustive nature – Regulation (EU) No 1308/2013 – Article 103(2)(a)(ii) – Article 103(2)(b) – Evocation – Protected designation of origin (PDO) ‘Champagne’ – Services – Comparability of products – Use of the trade name ‘Champanillo’
Request for a preliminary ruling from the Audiencia Provincial de Barcelona
Language of the case: Spanish
Case C-855/19 G. v Dyrektor Izby Administracji Skarbowej w Bydgoszczy (Intra-Community acquisitions of diesel)
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 69 – Chargeability of VAT – Intra-Community acquisition of motor fuels – Obligation to make early payment of VAT – Article 206 – Concept of ‘interim payments’ – Article 273 – Correct collection of VAT and prevention of evasion – Discretion of the Member States
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-906/19 Criminal proceedings against FO (Extraterritorial penalties)
Reference for a preliminary ruling – Road transport – Harmonisation of certain social legislation – Regulation (EC) No 561/2006 – Article 3(a) – Non-application of the regulation to carriage by road by vehicles used for the carriage of passengers on regular services where the route covered by the service in question does not exceed 50 km – Mixed-use vehicle – Article 19(2) – Extraterritorial penalty – Infringement detected on the territory of a Member State committed on the territory of another Member State – Principle that offences and penalties must have a proper legal basis – Regulation (EEC) No 3821/85 – Recording equipment in road transport – Article 15(2) – Obligation to insert the driver card – Article 15(7) – Obligation to produce the driver card whenever an authorising inspecting officer so requests – Failure to insert the driver card into the recording equipment affecting several of the 28 days preceding the day of inspection
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-18/20 XY
Reference for a preliminary ruling – Border controls, asylum and immigration – Asylum policy – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 40 – Subsequent application – New elements or findings – Concept – Circumstances which already existed before a procedure relating to a previous application for international protection was definitively concluded – Principle of res judicata – Fault on the part of the applicant
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Joined Cases C-33/20, C-155/20 and C-187/20 UK and Others v Volkswagen Bank and Others
Reference for a preliminary ruling – Consumer protection – Directive 2008/48/EC – Consumer credit – Article 10(2) – Information which must be included in the agreement – Obligation to specify the type of credit, the duration of the credit agreement, the rate of late-payment interest and the arrangements for adjusting the rate of late-payment interest applicable at the time of conclusion of the credit agreement – Change in the rate of late-payment interest in step with a change in the base rate set by the central bank of a Member State – Compensation payable in the event of early repayment – Obligation to specify the method used to calculate the change in the rate of late-payment interest and the compensation payable – No obligation to state the options for terminating the credit agreement provided for in national legislation but not provided for in Directive 2008/48 – Article 14(1) – Right of withdrawal exercised by the consumer for failure to include mandatory information under Article 10(2) – Exercised out of time – Creditor precluded from relying on a time bar or abuse of rights
Requests for a preliminary ruling from the Landgericht Ravensburg
Language of the case: German
Case C-100/20 REC XY v Hauptzollamt B (Optional tax reduction)
Reference for a preliminary ruling – Taxation – Taxation of energy products and electricity – Directive 2003/96/EC – Article 17(1)(a) – Tax reductions on the consumption of energy products and electricity in favour of energy-intensive businesses – Optional reduction – Arrangements governing the repayment of tax levied in breach of provisions of national law adopted on the basis of a power granted to the Member States in that directive – Payment of interest – Principle of equal treatment
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-144/20 LatRailNet and Latvijas dzelzceļš v Valsts dzelzceļa administrācija
Request for a preliminary ruling from the Administratīvā rajona tiesa
Language of the case: Latvian
Joined Cases C-208/20 and C-256/20 Toplofikatsia Sofia and Others
Reference for a preliminary ruling – Article 20(2)(a) TFEU – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Regulation (EC) No 1206/2001 – Cooperation between the courts of the Member States in the taking of evidence in civil and commercial matters – Article 1(1)(a) – Regulation (EU) No 1215/2012 – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Article 5(1) – Outstanding debts – Legal decisions – Orders for payment – Service – Debtor residing at an unknown address in a Member State other than that of the court seised
Requests for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
Case C-277/20 Proceedings brought by UM (Contract transferring ownership mortis causa)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Succession – Regulation (EU) No 650/2012 – Article 3(1)(b) – Concept of ‘agreement as to succession’ – Scope – Contract transferring ownership mortis causa – Article 83(2) – Choice of applicable law – Transitional provisions
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-294/20 GE Auto Service Leasing v Tribunal Económico Administrativo Central
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
Case C-406/20 Phantasialand v Finanzamt Brühl
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 98 – Option for the Member States to apply a reduced rate of VAT to certain supplies of goods and services – Annex III, point 7 – Admission to amusement parks and fairs – Principle of fiscal neutrality – Services provided through activities carried on as static or mobile fairground entertainers – Similarity – Context – Point of view of the average consumer – Expert opinion
Request for a preliminary ruling from the Finanzgericht Köln
Language of the case: German
Case C-422/20 RK v CR (Declining of jurisdiction)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Succession – Regulation (EU) No 650/2012 – Article 6(a) – Declining of jurisdiction – Article 7(a) – Jurisdiction – Examination by the court second seised – Article 22 – Choice of law applicable – Article 39 – Mutual recognition – Article 83(4) – Transitional provisions
Request for a preliminary ruling from the Oberlandesgericht Köln
Language of the case: German
Case C-449/20 Real Vida Seguros v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Taxation – Article 63 TFEU – Free movement of capital – Income tax – Dividends attached to listed shares – Tax advantage reserved for dividends attached to shares listed on the national stock exchange – Difference in treatment – Objective distinguishing criterion – Restriction – Article 65 TFEU – Objectively comparable situations – Justification – Objective of a purely economic nature
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-337/19 P Commission v Belgium and Magnetrol International
Appeal – State aid – Aid scheme implemented by the Kingdom of Belgium – Excess profit exemption – Tax ruling – Consistent administrative practice – Regulation (EU) 2015/1589 – Article 1(d) – Concept of ‘aid scheme’ – Concept of ‘act’ – Concept of ‘further implementing measures’ – ‘General and abstract’ definition of beneficiaries – Cross-appeal – Admissibility – Fiscal autonomy of the Member States
Language of the case: English
Case C-410/19 The Software Incubator v Computer Associates
Reference for a preliminary ruling – Self-employed commercial agents – Directive 86/653/EC – Article 1(2) – Definition of ‘commercial agent’ – Supply of computer software to customers by electronic means – Grant of a perpetual licence for use – Concepts of ‘sale’ and ‘goods’
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
Case C-21/20 Balgarska natsionalna televizia v Direktor na Direktsia 'Obzhalvane i danachno-osiguritelna praktika' – Sofia pri Tsentralno upravlenie na NAP
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Scope – Article 2(1)(c) – Supply of services for consideration – Exclusion of audiovisual media services offered to viewers, that are financed by a public subsidy and do not entail any payment on the part of viewers – Article 168 – Right of deduction – Taxable person carrying out both taxable transactions and transactions not falling within the scope of VAT
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Joined Cases C-6/21 P and C-16/21 P Germany and Estonia v Pharma Mar and European Commission
Appeal – Intervention – Article 40 of the Statute of the Court of Justice of the European Union – Application by an agency of the European Union – Standing to intervene in a case between Member States and institutions of the Union – Interest in the result of the case – Allowed
Language of the case: English
Case C-144/21 Parliament v Commission
Intervention – Article 40 of the Statute of the Court of Justice of the European Union – Application by an agency of the European Union – Standing to intervene in a case between institutions of the Union – Interest in the result of the case – Allowed
Language of the case: English
Case C-121/21 R Czech Republic v Poland
Application for interim measures – Article 279 TFEU – Environment – Lignite mining activities at an open-cast mine – Turów lignite mine (Poland) – Non-execution – No change in circumstances – Periodic penalty payment
Language of the case: Polish
Case C-30/21 Nemzeti Útdíjfizetési Szolgáltató v NW
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Article 1(1) – Substantive scope – Concept of ‘civil and commercial matters’ – Proceedings seeking to recover a charge relating to the use of a toll road
Request for a preliminary ruling from the Amtsgericht Lennestadt
Language of the case: German
Case C-130/19 Court of Auditors v Pinxten
Article 286(6) TFEU – Breach of obligations arising from the office of Member of the European Court of Auditors – Deprivation of the right to a pension – Right to effective judicial protection – Regularity of the investigation by the European Anti-Fraud Office (OLAF) – Internal procedure at the Court of Auditors – Activity incompatible with the duties of a Member of the Court of Auditors – Mission expenses and daily allowances – Representation and hospitality expenses – Use of official car – Use of a driver – Conflict of interest – Proportionality of the penalty
Language of the case: French
Case C-186/20 HYDINA SK v Finančné riaditeľstvo Slovenskej republiky
Reference for a preliminary ruling – Administrative cooperation and combating fraud in the field of value added tax (VAT) – Regulation (EU) No 904/2010 – Articles 10 to 12 – Exchange of information – Tax audit – Time limits – Suspension of the tax audit in case of exchange of information – Non-compliance with the time limits laid down for providing information – Effect on the lawfulness of the suspension of the tax audit
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
Case C-285/20 K v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen
Reference for a preliminary ruling – Regulation (EC) No 883/2004 – Article 65(2) and (5) – Scope – Wholly unemployed worker – Unemployment benefits – Worker who resides and pursues an activity as an employed person in the competent Member State – Transfer of his or her residence to another Member State – Person not actually pursuing an activity as an employed person in the competent Member State before becoming wholly unemployed – Person on sick leave and receiving, on that basis, sickness benefits paid by the competent Member State – Pursuit of an activity as an employed person – Comparable legal situations
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
Case C-296/20 Commerzbank v E.O.
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments – Civil and commercial matters – Lugano II Convention – Article 15(1)(c) – Jurisdiction over consumer contracts – Transfer of the consumer’s domicile to another State bound by the convention
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-299/20 Icade Promotion v Ministère de l'Action et des Comptes Publiques
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 392 – Margin taxation scheme – Scope – Supply of buildings and building land purchased for resale – Taxable person for whom the VAT on the purchase of buildings was not deductible – Resale subject to VAT – Concept of ‘building land’
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Information (on unpublished decisions)
Case C-131/21 Criminal proceedings against KI
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Charter of Fundamental Rights of the European Union – Ne bis in idem principle – Duplication of penalties – Nature of a penalty imposed by the police – Implementation of national law – No connection to EU law – Clear lack of jurisdiction of the Court
Case C-171/21 P Likvidacijska masa iza Mesoprodukt and Čuljak v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for annulment and for damages – Complaint lodged with the European Commission seeking a declaration that EU law has been infringed by the Republic of Croatia – Alleged non-compliance of national law with Directive 68/151/EEC – Failure to initiate infringement proceedings – Application for legal aid – Appeal manifestly unfounded
Case C-236/21 P sprd.net v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-169/20 Commission v Portugal (Vehicle tax)
Failure of a Member State to fulfil obligations – Article 110 TFEU – Internal taxation – Discriminatory taxation – Prohibition – Second-hand vehicles imported from other Member States – Component of the registration tax calculated on the basis of carbon dioxide emissions – Failure to take into account the depreciation of the vehicle
Case C-173/19 P Scandlines Danmark and Scandlines Deutschland v Commission
Appeal – Article 181 of the Rules of Procedure of the Court – Action for annulment – State aid – Public financing of the Fehmarn Belt fixed rail-road link – Individual aid – Act not open to challenge – Purely confirmatory measure – Preparatory measure
Case C-706/20 Amoena v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Common Customs Tariff – Tariff classification – Combined Nomenclature – Headings 6212 and 9021 – Mastectomy bras – Implementing Regulation (EU) 2017/1167 – Notion of ‘accessories’ – Interpretation of the judgment of 19 December 2019, Amoena (C‑677/18, EU:C:2019:1142)
Case C-176/21 P Löning v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Appeal manifestly unfounded – Tobacco and related products – Rules on packaging and labelling – Cigarette butts – Alleged failure to adopt stricter rules – Damage allegedly caused to the health of the applicant
Case C-417/21 P repowermap.org v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-850/19 P FVE Holýšov I and Others v Commission
Appeal – State aid – Renewable energy support scheme – Decision declaring the aid scheme compatible with the internal market – Action for annulment
Case C-341/20 Commission v Italy (Excise duty – Fuel for pleasure craft)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive 2003/96/EC – Taxation of energy products and electricity – Article 14(1)(c) – Exemption of energy products used as fuel for the purposes of navigation within EU waters – Exemption granted only to private pleasure craft which are the subject of a charter agreement
Case C-369/21 P Apologistics v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-23/21 IO v Wallonische Region (Registration of a vehicle belonging to an undertaking without legal personality)
Case C-540/20 P FL Brüterei M-V v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for damages and for annulment – Organic farming – Livestock production – Exceptional production rules applicable in case of non-availability of organic farm inputs – Use of non-organic animals – Extension of the period of application of the exceptional production rules – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-309/21 P Graanhandel P. van Schelven v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Agricultural policy – Organic products imported into the European Union – Withdrawal of the recognition of the control body – Action for annulment – Admissibility – Directly concerned person – Appeal manifestly unfounded
Case C-225/21 P Segura del Oro Pulido v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Actions for failure to act – Failure of the Commission to initiate infringement proceedings – Dismissal of the action as manifestly inadmissible – Appeal manifestly unfounded
Case C-27/21 P González Calvet v SRB
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Economic and monetary policy – Single resolution mechanisms for credit institutions and certain investment firms – Resolution procedure applicable where an entity is failing or is likely to fail – Decision refusing to grant financial compensation to the shareholders and creditors concerned – Content of the application – Lack of pleas in law and arguments – Appeal in part manifestly inadmissible and in part manifestly unfounded
October 2021
Case Avis 1/19 Istanbul Convention
Opinion pursuant to Article 218(11) TFEU – Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) – Signature by the European Union – Draft conclusion by the European Union – Concept of an ‘agreement envisaged’, within the meaning of Article 218(11) TFEU – External competences of the European Union – Substantive legal basis – Article 78(2) TFEU – Article 82(2) TFEU – Article 83(1) TFEU – Article 84 TFEU – Article 336 TFEU – Articles 1 to 4a of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice – Partial participation of Ireland in the conclusion of the Istanbul Convention by the European Union – Possibility of splitting the act concluding an international agreement into two separate decisions according to the applicable legal bases – Practice of ‘common accord’ – Compatibility with the TEU and the TFEU
Language of the case: French
Case C-50/19 P Sigma Alimentos Exterior v Commission
Appeal – State aid – Article 107(1) TFEU – Tax system – Corporate tax provisions allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident outside that Member State – Concept of ‘State aid’ – Condition relating to selectivity – Reference system – Derogation – Difference in treatment – Justification for the difference in treatment
Language of the case: Spanish
Joined Cases C-51/19 P and C-64/19 P World Duty Free Group and Spain v Commission
Appeal – State aid – Article 107(1) TFEU – Tax system – Corporate tax provisions allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident outside that Member State – Concept of ‘State aid’ – Condition relating to selectivity – Reference system – Derogation – Difference in treatment – Justification for the difference in treatment
Language of the case: Spanish
Case C-52/19 P Banco Santander v Commission
Appeal – State aid – Article 107(1) TFEU – Tax system – Corporate tax provisions allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident outside that Member State – Concept of ‘State aid’ – Condition relating to selectivity – Reference system – Derogation – Difference in treatment – Justification for the difference in treatment
Language of the case: Spanish
Joined Cases C-53/19 P and C-65/19 P Banco Santander and Others v Commission
Appeal – State aid – Article 107(1) TFEU – Tax system – Corporate tax provisions allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident outside that Member State – Concept of ‘State aid’ – Condition relating to selectivity – Reference system – Derogation – Difference in treatment – Justification for the difference in treatment
Language of the case: Spanish
Case C-54/19 P Axa Mediterranean v Commission
Appeal – State aid – Article 107(1) TFEU – Tax system – Corporate tax provisions allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident outside that Member State – Concept of ‘State aid’ – Condition relating to selectivity – Reference system – Derogation – Difference in treatment – Justification for the difference in treatment
Language of the case: Spanish
Case C-55/19 P Prosegur Compañía de Seguridad v Commission
Appeal – State aid – Article 107(1) TFEU – Tax system – Corporate tax provisions allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident outside that Member State – Concept of ‘State aid’ – Condition relating to selectivity – Reference system – Derogation – Difference in treatment – Justification for the difference in treatment
Language of the case: Spanish
Joined Cases C-174/19 P and C-175/19 P Scandlines Danmark and Scandlines Deutschland v Commission
Appeal – Action for annulment – State aid – Public financing of the Fehmarn Belt fixed rail-road link – Individual aid – Notified aid declared compatible with the internal market – Execution of an important project of common European interest – Decision not to raise any objections – Monopoly – Distortion of competition and effect on trade
Language of the case: English
Case C-458/19 P ClientEarth v Commission
Appeal – Action for annulment – Commission Implementing Decision C(2016) 3549 final – Authorisation for uses of bis(2-ethylhexyl) phthalate (DEHP) – Regulation (EC) No 1907/2006 – Articles 60 and 62 – Regulation (EC) No 1367/2006 – Request for internal review – Commission Decision C(2016) 8454 final – Rejection of the request
Language of the case: English
Case C-487/19 Proceedings brought by W.Ż. (Chamber of Extraordinary Control and Public Affairs of the Supreme Court – Appointment)
Reference for a preliminary ruling – Rule of law – Effective legal protection in the fields covered by EU law – Second subparagraph of Article 19(1) TEU – Principles of the irremovability of judges and judicial independence – Transfer without consent of a judge of an ordinary court – Action – Order of inadmissibility made by a judge of the Sąd Najwyższy (Izba Kontroli Nadzwyczajnej i Spraw Publicznych) (Supreme Court (Chamber of Extraordinary Control and Public Affairs), Poland) – Judge appointed by the President of the Republic of Poland on the basis of a resolution of the National Council of the Judiciary, despite a court decision ordering that the effects of that resolution be suspended pending a preliminary ruling of the Court – Judge not constituting an independent and impartial tribunal previously established by law – Primacy of EU law – Possibility of finding such an order of inadmissibility to be null and void
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-538/19 TS and Others v Casa Naţională de Asigurări de Sănătate and Casa de Asigurări de Sănătate Constanţa
Reference for a preliminary ruling – Social security – Health insurance – Regulation (EC) No 883/2004 – Article 20(1) and (2) – Medical treatment received in a Member State other than the insured person’s Member State of residence – Prior authorisation – Conditions – Requirement for a report by a doctor in the national public health insurance system prescribing a treatment – Recommendation, by way of a second medical opinion, in a Member State other than the insured person’s Member State of residence, of an alternative treatment having the advantage of not creating a disability – Full reimbursement of the medical expenses relating to the alternative treatment – Freedom to provide services – Article 56 TFEU
Request for a preliminary ruling from the Curtea de Apel Constanţa
Language of the case: Romanian
Case C-544/19 ECOTEX BULGARIA v Teritorialna direktsia na Natsionalnata agentsia za prihodite
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Directive (EU) 2015/849 – Scope – National legislation requiring payments exceeding a certain amount to be made only by transfer or deposit into a payment account – Article 65 TFEU – Justification – Combating tax evasion and tax avoidance – Proportionality – Administrative penalties of a criminal nature – Article 49 of the Charter of Fundamental Rights of the European Union – Principles of legality and proportionality of criminal offences and penalties
Request for a preliminary ruling from the Administrativen sad - Blagoevgrad
Language of the case: Bulgarian
Case C-561/19 Consorzio Italian Management and Catania Multiservizi v Rete Ferroviaria Italiana
Reference for a preliminary ruling – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Exceptions to that obligation – Criteria – Question on the interpretation of EU law raised by the parties to the national proceedings after the Court has given a preliminary ruling in those proceedings – Failure to state the reasons justifying the need for an answer to the questions referred for a preliminary ruling – Partial inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-598/19 Conacee v Diputación Foral de Guipúzcoa and Feacem
Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Article 20 – Reserved contracts – National legislation reserving the right to participate in certain public procurement procedures to Social initiative special employment centres – Additional conditions not provided for by the directive – Principles of equal treatment and proportionality
Request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco
Language of the case: Spanish
Case C-717/19 Boehringer Ingelheim v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 90(1) – Reduction of the taxable amount where the price was reduced after the supply took place – Payment made by a pharmaceutical company to the State health insurance agency – Article 273 – Administrative obligations imposed by national legislation for the exercise of the right to reduction – Principles of fiscal neutrality and proportionality
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-882/19 Sumal v Mercedes Benz Trucks España
Reference for a preliminary ruling – Competition – Compensation for harm caused by a practice prohibited under Article 101(1) TFEU – Determination of the undertakings liable to provide compensation – Action for compensation directed against the subsidiary of a parent company and brought following a decision finding only that the parent company participated in a cartel – Concept of an ‘undertaking’ – Concept of ‘economic unit’
Request for a preliminary ruling from the Audiencia Provincial de Barcelona
Language of the case: Spanish
Case C-13/20 Top System v Belgian State
Reference for a preliminary ruling – Copyright and related rights – Legal protection of computer programs – Directive 91/250/EEC – Article 5 – Exceptions to the restricted acts – Acts necessary to enable the lawful purchaser to correct errors – Concept – Article 6 – Decompilation – Conditions
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
Case C-35/20 Criminal proceedings against A (Crossing of borders in a pleasure boat)
Reference for a preliminary ruling – Citizenship of the Union – Right of Union citizens to move freely within the territory of the Member States – Article 21 TFEU – Directive 2004/38/EC – Articles 4 and 5 – Obligation to carry an identity card or a passport – Regulation (EC) No 562/2006 (Schengen Borders Code) – Annex VI – Crossing the maritime border of a Member State on board a pleasure boat – Rules on sanctions applicable when travelling between Member States without an identity card or a passport – Rules on daily fines in criminal cases – Calculation of the fine based on the offender’s average monthly income – Proportionality – Severity of the sanction in relation to the offence
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Case C-119/20 Šenfelde v Lauku atbalsta dienests (Business start-up aid in agriculture)
Reference for a preliminary ruling – Common agricultural policy – European Agricultural Fund for Rural Development (EAFRD) funding – National Rural Development Programme 2014-2020 – Regulation (EU) No 1305/2013 – Article 19(1)(a) – Business start-up aid for young farmers – Aid for the development of small farms – Cumulation of aid – Possibility to refuse the cumulation
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
Case C-136/20 LU (Recovery of road traffic fines)
Reference for a preliminary ruling – Area of freedom, security and justice – Framework Decision 2005/214/JHA – Execution of financial penalties – Principle of mutual recognition – Article 5(1) – Offences giving rise to recognition and enforcement of decisions imposing penalties without verification of the double criminality of the act – Article 5(3) – Offences for which the Member State may make the recognition and enforcement of decisions imposing penalties subject to the double criminality of the act – Verification by the executing Member State of the legal classification assigned to the offence by the issuing Member State in the certificate accompanying the decision imposing the penalty
Request for a preliminary ruling from the Zalaegerszegi Járásbíróság
Language of the case: Hungarian
Case C-272/20 P Veit v ECB
Appeal – Civil service – European Central Bank (ECB) staff members – Remuneration – Competitions – Equality of treatment between internal and external candidates – Classification in step
Language of the case: German
Case C-338/20 D.P.
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Mutual recognition – Financial penalties – Framework Decision 2005/214/JHA – Grounds for non-recognition and non-execution – Article 20(3) – Decision imposing a financial penalty – Observance of the rights of the defence – Notification of documents in a language not understood by the sentenced person – Translation of the essential elements of the decision
Request for a preliminary ruling from the Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi
Language of the case: Polish
Case C-408/20 P Poggiolini v Parliament
Appeal – Institutional law – Single statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Modification of pension entitlements – Act adversely affecting an official – Provisional position – Independent legal effects
Language of the case: Italian
Case C-431/20 P Tognoli and Others v Parliament
Appeal – Institutional law – Single statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Modification of pension entitlements – Act adversely affecting an official – Provisional position – Independent legal effects
Language of the case: Italian
Case C-581/20 Skarb Państwa Rzeczypospolitej Polskiej reprezentowany przez Generalnego Dyrektora Dróg Krajowych i Autostrad v TOTO and Vianini Lavori
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Article 1(1) – Civil and commercial matters – Article 35 – Provisional, including protective, measures – Action based on a contract for the construction of a public expressway, concluded between a public authority and two private law companies – Application for interim relief relating to penalties and guarantees arising from that contract – Decision on interim relief already given by a court having jurisdiction as to the substance
Request for a preliminary ruling from the Varhoven kasatsionen sad (Bulgarie)
Language of the case: Bulgarian
Case C-613/20 CS v Eurowings
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(3) – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Exemption from the obligation to pay compensation – Concept of ‘extraordinary circumstances’ – Strike by airline staff – Strike by the staff of a subsidiary in solidarity with the staff of the parent company
Request for a preliminary ruling from the Landesgericht Salzburg
Language of the case: German
Case C-204/21 R Poland v Commission
Interim relief – Order on interim measures – Article 163 of the Rules of Procedure of the Court of Justice – Change in circumstances – No such change – Jurisdiction of the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland) – Disciplinary regime applicable to the judges of the Sąd Najwyższy (Supreme Court), of the ordinary courts and of the administrative courts – Procedure for review of the conditions for the independence of those judges – Suspension of application of national provisions
Language of the case: Polish
Case C-186/18 José Cánovas Pardo v Club de Variedades Vegetales Protegidas
Reference for a preliminary ruling – Community plant variety rights – Regulation (EC) No 2100/94 – Article 96 – Calculation of the period of prescription for claims pursuant to Articles 94 and 95 – Point from which time starts to run – Date of grant of Community rights and of knowledge of the act and of the identity of the party liable – Date on which the course of action in question ceased – Repeated acts – Continuous acts – Restricted to acts carried out more than three years ago
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-583/19 P Bernaldo de Quirós v Commission
Appeal – Civil service – Disciplinary procedure – Staff Regulations of Officials of the European Union – Article 3 of Annex IX – Commission Decision C(2004) 1588 laying down general implementing provisions on the conduct of administrative inquiries and disciplinary procedures – Article 4(4) – Administrative investigation – Hearing of the official concerned – Authorisation given to the Investigation and Disciplinary Office of the Commission (IDOC) to conduct that hearing – Rights of the defence – Right to be heard
Language of the case: French
Case C-662/19 P NRW. Bank v SRB
Appeal – Economic and monetary union – Banking union – Recovery and resolution of credit institutions and investment firms – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Board (SRB) – Single Resolution Fund (SRF) – Setting of the 2016 ex ante contribution – Action for annulment – Time limit for bringing an action – Lateness – Challengeable act – Confirmatory act
Language of the case: German
Case C-683/19 Viesgo Infraestructuras Energéticas v Administración General del Estado and Others
Reference for a preliminary ruling – Common rules for the internal market in electricity – Directive 2009/72/EC – Article 3(2) and (6) – Imposition of public service obligations – Financing of a regulated discount for the purpose of the protection of vulnerable consumers – Requirements of transparency and non-discrimination
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-29/20 Biofa v Sikma
Reference for a preliminary ruling – Regulation (UE) No 528/2012 – Article 3(1)(a) and (c) – Definitions of ‘biocidal product’ and ‘active substance’ – Conditions – Mode of action other than mere physical or mechanical action – Article 9(1)(a) – Approval of an active substance – Scope of approval
Request for a preliminary ruling from the Oberlandesgericht Köln
Language of the case: German
Joined Cases C-45/20 and C-46/20 E v Finanzamt N and Z vFinanzamt G (Communication of the allocation decision)
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 167, Article 168(a), Article 250 and Article 252 – Deduction of input tax – Immovable property – An office room – Photovoltaic system – Allocation decision giving rise to a right of deduction – Communication of the allocation decision – Limitation period for exercising a right to deduct – Presumption of allocation to the private assets of the taxable person where the allocation decision is not communicated – Principle of neutrality – Principle of legal certainty – Principles of equivalence and proportionality
Requests for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-231/20 MT v Landespolizeidirektion Steiermark (Gaming machines)
Reference for a preliminary ruling – Freedom to provide services – Article 56 TFEU – Games of chance – Making prohibited lotteries available – Penalties – Proportionality – Minimum-level fines – Accumulation – No limit – Custodial sentence in the event of non-payment – Proportional contribution to the costs of proceedings – Article 49(3) of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-360/20 Ministerul Lucrărilor Publice, Dezvoltării şi Administraţiei v NE
Reference for a preliminary ruling – Protection of the European Union’s financial interests – Article 325 TFEU – Fight against fraud and other illegal activities – Convention on the protection of the European Union’s financial interests – Definition of ‘fraud’ – Unlawful conduct during the sustainability phase of a project
Request for a preliminary ruling from the Tribunalul Argeş
Language of the case: Romanian
Case C-373/20 A.M. v Dyrektor Z. Oddziału Regionalnego Agencji Restrukturyzacji i Modernizacji Rolnictwa
Reference for a preliminary ruling – Agriculture – Common agricultural policy – Common rules – Single payment scheme – Regulation (EC) No 1120/2009 – Article 2(c) – Concept of ‘permanent pasture’ – Crop rotation – Natural periodic flooding of meadows and pastures situated in a special environmental protection area
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Szczecinie
Language of the case: Polish
Case C-373/19 Finanzamt München Abteilung III v Dubrovin & Tröger - Aquatics
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(i) and (j) – Exemptions for certain activities in the public interest – Provision of children’s or young people’s education, school or university education – School or university education – Basic swimming tuition
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-824/19 TC and UB v Komisia za zashtita ot diskriminatsia and VA
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Prohibition of discrimination on grounds of disability – Article 2(2)(a) – Article 4(1) – Article 5 – Charter of Fundamental Rights of the European Union – Articles 21 and 26 – United Nations Convention on the Rights of Persons with Disabilities – Duties of juror in criminal proceedings – Blind person – Total exclusion from participation in criminal proceedings
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-825/19 Beeren-, Wild-, Feinfrucht v Hauptzollamt Erfurt
Reference for a preliminary ruling – Customs union – End-use procedure – Authorisation with retroactive effect – Regulation (EU) No 952/2013 – Union Customs Code – Article 211(2) – Scope ratione temporis – Conditions – Regulation (EEC) No 2454/93 – Article 294(2) – Scope
Request for a preliminary ruling from the Thüringer Finanzgericht
Language of the case: German
Joined Cases C-845/19 and C-863/19 Criminal proceedings against DR and TS
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2014/42/EU – Freezing and confiscation of instrumentalities and proceeds of crime in the European Union – Scope – Confiscation of illegally obtained assets – Economic benefit derived from a criminal offence which has not been the subject of a conviction – Article 4 – Confiscation – Article 5 – Extended confiscation – Article 6 – Confiscation from a third party – Conditions – Confiscation of money allegedly belonging to a third party – Third party having no right to appear as a party in the confiscation proceedings – Article 47 of the Charter of Fundamental Rights of the European Union
Requests for a preliminary ruling from the Apelativen sad - Varna
Language of the case: Bulgarian
Case C-866/19 SC v Zakład Ubezpieczeń Społecznych I Oddział w Warszawie
Reference for a preliminary ruling – Social security for migrant workers – Regulation (EC) No 883/2004 – Article 52(1)(b) – Worker who has been employed in two Member States – Minimum period required by national law for acquisition of entitlement to a retirement pension – Account taken of the contribution period completed under the legislation of another Member State – Aggregation – Calculation of the amount of the retirement benefit to be paid
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-894/19 P Parliament v UZ
Appeal – Civil service – Officials – Disciplinary proceedings – Disciplinary penalty – Administrative investigation – Article 41(1) of the Charter of Fundamental Rights of the European Union – Requirement of objective impartiality – Cross-appeal – Rejection of a request for assistance – Article 41(2) of the Charter of Fundamental Rights – Right to be heard
Language of the case: French
Case C-80/20 Wilo Salmson France v Agenţia Naţională de Administrare Fiscală - Direcţia Generală Regională a Finanţelor Publice Bucureşti and Agenţia Naţională de Administrare Fiscală - Direcţia Generală Regională a Finanţelor Publice Bucureşti - Administraţia Fiscală pentru Contribuabili Nerezidenţi
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Articles 167 to 171 and Article 178(a) – Right to deduct VAT – Refund of VAT to taxable persons established in a Member State other than the Member State of refund – Holding of an invoice – Directive 2008/9/EC – Refusal of the refund application – ‘Cancellation’ of the invoice by the supplier – Issuing of a new invoice – New refund application – Refusal
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
Case C-282/20 Criminal proceedings against ZX
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2012/13/EU – Right to information in criminal proceedings – Article 6(3) – Rights of suspects or accused persons to be informed of their rights – Articles 47 and 48 of the Charter of Fundamental Rights of the European Union – National law not providing for a procedural mechanism for remedying errors and omissions in the content of the indictment
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-396/20 CHEP Equipment Pooling v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Detailed rules for the refund of VAT to taxable persons not established in the Member State of refund – Directive 2008/9/EC – Article 20(1) – Request for additional information by the Member State of refund – Elements which may be the subject of a request for additional information – Discrepancy between the amount shown in the refund application and that on the invoices submitted – Principle of good administration – Principle of VAT neutrality – Limitation period – Implications for rectifying the taxable person’s error
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-109/20 Republiken Polen v PL Holdings
Reference for a preliminary ruling – Agreement between the Government of the Kingdom of Belgium and the Government of the Grand Duchy of Luxembourg, of the one part, and the Government of the People’s Republic of Poland, of the other, concerning the reciprocal promotion and protection of investments, signed on 19 May 1987 – Arbitration proceedings – Dispute between an investor from one Member State and another Member State – Arbitration clause provided for in that agreement contrary to EU law – Invalidity – Ad hoc arbitration agreement between the parties to that dispute – Participation in the arbitration proceedings – Tacit expression by that other Member State of its intention to conclude that arbitration agreement – Unlawfulness
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
Joined Cases C-428/21 PPU and C-429/21 PPU HM and TZ (Right to be heard by the executing judicial authority)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 27(3)(g) and (4) – Request for consent to prosecution for offences other than those on which the surrender was based – Article 28(3) – Request for consent to subsequent surrender of the person concerned to another Member State – Article 47 of the Charter of Fundamental Rights of the European Union – Right to effective judicial protection – Right of the person concerned to be heard by the executing judicial authority – Arrangements
Requests for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-204/21 R Commission v Poland
Interim relief – Article 279 TFEU – Application for interim measures – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Independence of judges – Disciplinary regime for judges – Examination of questions of law concerning the lack of independence of judges – Periodic penalty payment
Language of the case: Polish
Case C-319/19 Komisia za protivodeystvie na koruptsiyata i za otnemane na nezakonno pridobitoto imushtestvo v ZV and Others
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2014/42/EU – Scope – National legislation providing for the confiscation of illegally obtained assets in the absence of a criminal conviction
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
Case C-636/19 Y v CAK
Reference for a preliminary ruling – Cross-border healthcare – Concept of ‘insured person’ – Regulation (EC) No 883/2004 – Article 1(c) – Article 2 – Article 24 – Right to the benefits in kind provided by the Member State of residence at the expense of the Member State responsible for paying the pension – Directive 2011/24/EU – Article 3(b)(i) – Article 7 – Reimbursement of the costs of healthcare received in a Member State other than the Member State of residence and the Member State responsible for paying the pension – Conditions
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
Case C-650/19 P Vialto Consulting v Commission
Appeal – Action for damages – Non-contractual liability – Pre-Accession Assistance Instrument – Decentralised management – Investigation by the European Anti-Fraud Office (OLAF) – On-the-spot checks – Regulation (Euratom, EC) No 2185/96 – Article 7 – Access to computer data – Digital forensic operation – Principle of legitimate expectations – Right to be heard – Non-material damage
Language of the case: Greek
Case C-909/19 BX v Unitatea Administrativ Teritorială D.
Reference for a preliminary ruling – Protection of the safety and health of workers – Directive 2003/88/EC – Organisation of working time – Article 2(1) and (2) – Concepts of ‘working time’ and ‘rest period’ – Mandatory vocational training undertaken at the employer’s request
Request for a preliminary ruling from the Curtea de Apel Iaşi
Language of the case: Romanian
Joined Cases C-915/19 to C-917/19 Eco Fox and Others v Fallimento Mythen and Others
Reference for a preliminary ruling – State aid – Biodiesel market – Aid scheme establishing biodiesel quotas exempt from excise duty – Alteration of the authorised aid scheme – Amendment of the criteria for allocating quotas – Obligation of prior notification to the European Commission – Regulation (EC) No 659/1999 – Article 1(c) – Concept of ‘new aid’ – Regulation (EC) No 794/2004 – Article 4(1) – Concept of ‘alteration to existing aid’
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-95/20 Varchev Finans v Komisia za finansov nadzor
Reference for a preliminary ruling – Directive 2014/65/EU – Markets in financial instruments – Delegated Regulation (EU) 2017/565 – Investment firms – Article 56 – Assessment of appropriateness and related record-keeping obligations – Article 72 – Retention of records – Methods of retention – Information concerning client categorisation – Information on costs and associated charges relating to investment services
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
Case C-123/20 Ferrari v Mansory Design and WH
Reference for a preliminary ruling – Regulation (EC) No 6/2002 – Community designs – Articles 4, 6 and 11 – Infringement proceedings – Unregistered Community design – Appearance of a part of a product – Conditions for protection – Component part of a complex product – Individual character – Act of making available to the public
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Joined Cases C-197/20 and C-216/20 KAHL v Hauptzollamt Hannover and Roeper v Hauptzollamt Hamburg
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Tariff classification – Combined Nomenclature – Tariff subheadings 1521 90 91 and 1521 90 99 – Interpretation of the Explanatory Notes to subheading 1521 90 99 – Beeswax melted down and solidified prior to import
Requests for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Joined Cases C-221/20 and C-223/20 Proceedings brought by A and B (Joint taxation of small breweries)
Reference for a preliminary ruling – Taxation – Directive 92/83/EEC – Excise duty – Beer – Article 4(2) – Possibility to apply reduced rates of excise duty to beer brewed by independent small breweries – Treatment as a single independent small brewery or as two or more small breweries – Obligation to transpose
Requests for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-324/20 Finanzamt B v X-Beteiligungsgesellschaft mbH (VAT – Successive payments)
Reference for a preliminary ruling – Directive 2006/112/EC – Value added tax (VAT) – Supply of services – Article 63 – Chargeability of VAT – Article 64(1) – Concept of ‘supplies which give rise to successive payments’ – One-time supply remunerated by means of payment in instalments – Article 90(1) – Reduction of the taxable amount – Concept of ‘non-payment of the price’
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-357/20 IE v Magistrat der Stadt Wien (Grand Hamster - II)
Reference for a preliminary ruling – Conservation of natural habitats and of wild fauna and flora – Directive 92/43/EEC – Article 12(1) – System of strict protection for animal species – Annex IV(a) – European hamster (Cricetus cricetus) – Resting places and breeding sites – Deterioration or destruction
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
Case C-462/20 ASGI and Others v Presidenza del Consiglio dei Ministri – Dipartimento per le politiche della famiglia and Ministero dell'Economia e delle Finanze
Reference for a preliminary ruling – Directive 2003/109/EC – Status of third-country nationals who are long-term residents – Article 11 – Directive 2011/98/EU – Rights of third-country workers who hold a single permit – Article 12 – Directive 2009/50/EC – Rights of third-country nationals who hold an EU Blue Card – Article 14 – Directive 2011/95/EU – Rights of beneficiaries of international protection – Article 29 – Equal treatment – Social security – Regulation (EC) No 883/2004 – Coordination of social security systems – Article 3 – Family benefits – Social assistance – Social protection – Access to goods and services – Legislation of a Member State excluding third-country nationals from eligibility for a ‘family card’
Request for a preliminary ruling from the Tribunale di Milano
Language of the case: Italian
Case C-688/20 HG and TC v Ubezpieczeniowy Fundusz Gwarancyjny
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Article 3, first paragraph – Obligation to take out a contract of insurance – Scope – Unroadworthy vehicle, not registered and officially withdrawn from use
Request for a preliminary ruling from the Sąd Rejonowy w Opatowie
Language of the case: Polish
Information (on unpublished decisions)
Case C-161/21 Comune di Camerota
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court – Directive 2011/85/EU – Directive 2011/7/EU – Economic and monetary policy – Local authority in financial difficulty – Financial rebalancing plan – National legislation suspending the investigative powers of the Court of Auditors due to the health crisis related to the COVID-19 pandemic – Article 267 TFEU – Definition of ‘court or tribunal of a Member State’ – No dispute before the referring body – Manifest inadmissibility
Case C-668/19 Commission v Italy (System for collecting and treating urban waste water)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive 91/271/EEC – Collection and treatment of urban waste water – Articles 3 to 5 and 10 – No collecting systems for urban water in certain agglomerations – No secondary treatment or equivalent treatment of urban waste water in certain agglomerations – Construction and operation of treatment plants – Control of discharges from such plants – Sensitive areas – More stringent treatment of waste water
Case C-145/21 P Castillejo Oriol v Spain
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Actions for failure to act – Application lodged by means of e-Curia – Article 56a(4) of the Rules of Procedure of the General Court – Non-compliance with 10-day time limit – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-253/21 FI and RE v TUIfly
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Air transport – Regulation (EC) No 261/2004 – Article 5 – Article 7 – Article 8(3) – Denied boarding, cancellation or long delay of a flight – Compensation and assistance to passengers – Concept of ‘cancellation’ – Diversion of a flight to an airport not serving the same town, city or region as that for which the booking was made – Re-routing of passengers by coach
Case C-316/21 Monument Vandekerckhove v Stad Gent
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 2014/24/EU – Conduct of the procedure – Choice of participants and award of contracts – Article 63 – Tenderer relying on the capacities of another entity in order to meet the requirements of the contracting authority – Failure to meet the requirements relating to the technical and professional ability of the tenderer by the entity on whose capacities the tenderer intends to rely – Obligation to allow that tenderer to replace that entity – Principle of proportionality
Case C-360/21 P FCA Italy v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170a of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-686/20 YE and Others v Vueling Airlines
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Article 3(3) – Scope – Passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public – Young child travelling free of charge – Article 2(f) – Definition of ‘ticket’
Case C-375/20 Liberty Seguros v DR
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Insurance contract concluded on the basis of false statements – International transport of persons and goods without authorisation – Nullity of the insurance contract – Enforceability against third-party victims and the body responsible for compensating victims
Case C-244/20 F.C.I. v INSS (Survivor’s pension based on a partnership)
Reference for a preliminary ruling – Directive 79/7/EEC – Article 3(2) – Equal treatment for men and women in matters of social security – Survivors’ benefits – Survivor’s pension based on a de facto partnership – Exclusion clause – Validity – Prohibition of any discrimination based on sex – Benefit which does not come within the scope of Directive 79/7 – Inadmissibility – Article 21(1) of the Charter of Fundamental Rights of the European Union – Non-discrimination on grounds of sex – Article 17(1) of the Charter of Fundamental Rights of the European Union – Right to property – Legal situation which does not come within the scope of EU law – Lack of jurisdiction
Case C-464/20 P KF v SatCen
Appeal – Institutional law – Staff of the European Union Satellite Centre (SatCen) – Members of the contract staff – Manner in which the administrative investigation was carried out in respect of the applicant – Reopening of the investigation – Compliance with the judgment of the General Court of the European Union of 25 October 2018, KF v SatCen (T‑286/15, EU:T:2018:718) – Action for annulment and for damages
Case C-87/21 NSV and NM v BT
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Scope – Article 1(2) – Contractual terms which reflect mandatory statutory or regulatory provisions – Credit agreements denominated in a foreign currency – Terms relating to the exchange rate risk which reproduce a supplementary provision of national law – Alleged failure to fulfil the obligation of information borne by the banking institution providing the loan – Requirement of good faith – Examination to be carried out by the national court as a matter of priority in the light of Article 1(2) of Directive 93/13
Case C-393/20 T.B. and D. v G. I. (Jurisdiction in matters relating to insurance)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Jurisdiction in insurance matters – Article 11(1)(b) – Article 12 – Article 13(2) – Scope ratione personae – Concept of ‘injured party’ – Professional – Special jurisdiction – Article 7(2)
Case C-402/20 P Lípidos Santiga v Commission
Appeal – Energy – Directive (EU) 2018/2001 – Promotion of the use of energy from renewable sources – Limit on use of biofuels produced from food and feed crops – Delegated Regulation (EU) 2019/807 – Definition of high indirect land-use change (ILUC) risk feedstock – Palm oil – Action for annulment – Condition that a natural or legal person must be directly concerned – Inadmissibility
Case C-583/20 EuroChem Agro Hungary v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 273 – Fight against fraud – Declaration obligation relating to the transport of goods – Road freight electronic monitoring system – Penalty regime applicable to high-risk taxpayers – Proportionality
Case C-691/20 B v O and Others
Reference for a preliminary ruling – EU law – Principles – Article 18 TFEU – Equal treatment – Discrimination on grounds of nationality – Prohibition – Article 49 TFEU – Freedom of establishment – Joint and several liability of companies which form part of a group for debts resulting from an employment contract entered into by one of those companies – Exclusion by the legislation of the Member State concerned of companies that have their seat in another Member State
November 2021
Case C-91/20 LW v Bundesrepublik Deutschland (Maintaining family unity)
Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection – Directive 2011/95/EU – Articles 3 and 23 – More favourable standards capable of being retained or introduced by the Member States for the purpose of extending the refugee or subsidiary protection status of a beneficiary of international protection to family members – Grant of a parent’s refugee status to his or her minor child as a derived right – Maintaining family unity – Best interests of the child
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-819/19 Stichting Cartel Compensation and Equilib Netherlands v Koninklijke Luchtvaart Maatschappij and Others
Reference for a preliminary ruling – Articles 81, 84 and 85 EC – Article 53 of the EEA Agreement – Agreements, decisions and concerted practices – Conduct of undertakings in the context of air transport between the European Economic Area (EEA) and third countries that occurred under Articles 84 and 85 EC – Claim for compensation for damage suffered – Jurisdiction of national courts to apply Article 81 EC and Article 53 of the EEA Agreement
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-852/19 Criminal proceedings against Gavanozov
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2014/41/EU – European investigation order in criminal matters – Article 14 – Legal remedies – Charter of Fundamental Rights of the European Union – Article 47 – Absence of legal remedies in the issuing Member State – Decision ordering searches, seizures and a hearing of a witness by videoconference
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-933/19 P Autostrada Wielkopolska v Commission and Poland
Appeal – State aid – Toll-motorway concession – Law providing for an exemption from tolls for certain vehicles – Compensation granted to the concession holder by the Member State for loss of revenue – Shadow toll – Compensation found by the European Commission to be excessive and to include State aid – Commission decision declaring that aid incompatible with the internal market and ordering its recovery – Procedural rights of the aid beneficiary – Commission’s obligation to exercise particular vigilance – Concept of ‘State aid’ – Advantage – Improvement of the concession holder’s expected financial situation – Criterion of the private operator in a market economy – Distortion of the evidence – Breach of the obligation to state reasons – Misreading of the decision at issue – Substitution of grounds – Reversal of the burden of proof – Breach of the principle of primacy of EU law – Judicial review to be conducted by the General Court – Requirements and limits
Language of the case: English
Case C-938/19 Energieversorgungscenter Dresden-Wilschdorf v Bundesrepublik Deutschland
Reference for a preliminary ruling – Environment – Directive 2003/87/EC – Greenhouse gas emission allowance trading scheme – Article 2(1) – Scope – Article 3(e) – Concept of ‘installation’ – Effect on emissions and pollution – Ancillary units not generating as such greenhouse gas emissions – Article 10a – Transitional rules for free allocation of allowances – Data Collection Template – Corrected eligibility ratio – Method of calculation – Decision 2011/278/EU – Third subparagraph of Article 6(1) – Export of cooling to an entity that belongs to a sector exposed to a significant risk of carbon leakage
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C-948/19 Manpower Lit v E.S. and Others
Reference for a preliminary ruling – Social policy – Temporary agency work – Directive 2008/104/EC – Article 1 – Scope – Concepts of ‘public undertaking’ and ‘being engaged in economic activities’ – European Union agencies – European Institute for Gender Equality (EIGE) as a ‘user undertaking’ within the meaning of Article 1(2) of that directive – Article 5(1) – Principle of equal treatment – Basic working and employment conditions – Concept of ‘the same job’ – Regulation (EC) No 1922/2006 – Article 335 TFEU – Principle of administrative autonomy of an EU institution – Article 336 TFEU – Staff Regulations of Officials of the European Union and Conditions of Employment of Other Servants of the European Union
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-168/20 BJ and OV v M and Others (Pension rights in bankruptcy)
Reference for a preliminary ruling – Freedom of movement of persons – Citizenship of the Union – Article 21 TFEU – Freedom of establishment – Article 49 TFEU – Equal treatment – Directive 2004/38/EC – Article 24(1) – Legislation of the United Kingdom of Great Britain and Northern Ireland making the exclusion, in principle in full and automatically, from the bankruptcy estate of pension rights accrued under a pension scheme dependent on prior registration of the pension scheme with the tax authorities – Application of that requirement in bankruptcy proceedings in respect of an EU citizen who has exercised his right to freedom of movement in order to pursue a self-employed occupation in the United Kingdom on a permanent basis – That EU citizen’s pension rights accrued under a pension scheme established and tax approved in his home Member State – Inability to avail of the protection of exclusion from the bankruptcy estate of those pension rights – Application to those pension rights of a system of exclusion from the bankruptcy estate significantly less advantageous to the bankrupt
Request for a preliminary ruling from the High Court of Justice Business and Property Courts of England and Wales
Language of the case: English
Case C-214/20 MG v Dublin City Council
Reference for a preliminary ruling – Protection of the safety and health of workers – Organisation of working time – Directive 2003/88/EC – Article 2 – Concept of ‘working time’ – Retained firefighter – Stand-by time according to a stand-by system – Pursuit, during the period of stand-by time, of a self-employed professional activity – Constraints arising from the stand-by system
Request for a preliminary ruling from the The Labour Court, Ireland
Language of the case: English
Case C-281/20 Ferimet v Administración General del Estado
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 168 – Right of deduction – Article 199 – Reverse charge procedure – Principle of fiscal neutrality – Material conditions governing the right to deduct – Supplier’s status as taxable person – Burden of proof – Fraud – Abusive practice – Invoice referring to a fictitious supplier
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-315/20 Regione Veneto v Plan Eco (Shipment of mixed municipal waste)
Reference for a preliminary ruling – Environment – Regulation (EC) No 1013/2006 – Shipments of waste – Article 3(5) and Article 11(1)(i) – Directive 2008/98/EC – Waste management – Article 16 – Principles of self-sufficiency and proximity – Decision 2000/532/EC – European Waste Catalogue (EWC) – Mixed municipal waste subject to mechanical treatment which does not alter its nature
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-340/20 Bank Sepah v Overseas Financial and Oaktree Finance
Reference for a preliminary ruling – Common foreign and security policy (CFSP) – Restrictive measures against the Islamic Republic of Iran – Regulation (EC) No 423/2007 – Freezing of funds of persons, entities or bodies recognised by the Council of the European Union as being engaged in nuclear proliferation – Concepts of ‘freezing of funds’ and ‘freezing of economic resources’ – Possibility of applying a protective measure in respect of frozen funds and economic resources – Claim pre-dating the freezing of assets and unrelated to Iran’s nuclear and ballistic programme
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-388/20 Bundesverband der Verbraucherzentralen und Verbraucherverbände v Dr. August Oetker Nahrungsmittel
Reference for a preliminary ruling – Regulation (EU) No 1169/2011 – Provision of food information to consumers – Article 9(1)(l) – Nutrition declaration – Second subparagraph of Article 31(3) – Calculation of the energy value and of the amounts of nutrients – Possibility of providing that information for the food after preparation – Conditions – Second subparagraph of Article 33(2) – Expression on a per portion basis or per consumption unit
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-398/20 ELVOSPOL v Odvolací finanční ředitelství
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 90 – Reduction of the taxable amount for VAT purposes – Total or partial non-payment of the price on account of the debtor’s insolvency – Conditions imposed by national legislation for the adjustment of output VAT – Condition that the claim not paid in whole or in part must not have arisen during the six-month period preceding the declaration of insolvency of the debtor company – Non-compliance
Request for a preliminary ruling from the Krajský soud v Brně
Language of the case: Czech
Joined Cases C-748/19 to C-754/19 Criminal proceedings against WB and Others
References for a preliminary ruling – Rule of law – Independence of the judiciary – Second subparagraph of Article 19(1) TEU – National legislation providing the possibility for the Minister for Justice to second judges to higher courts and to terminate those secondments – Adjudicating panels in criminal cases including judges seconded by the Minister for Justice – Directive (EU) 2016/343 – Presumption of innocence
Requests for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
Case C-821/19 Commission v Hungary (Criminalisation of assistance to asylum seekers)
Actions for failure to fulfil obligations – Area of freedom, security and justice – Asylum policy – Directives 2013/32/EU and 2013/33/EU – Procedure for granting international protection – Grounds of inadmissibility – Concepts of ‘safe third country’ and ‘first country of asylum’ – Assistance given to asylum seekers – Criminalisation – Prohibition on entry to the border transit zone of the relevant Member State
Language of the case: Hungarian
Case C-479/21 PPU SN and SD
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Article 50 TEU – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Article 217 TFEU – Trade and Cooperation Agreement with the United Kingdom – Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Continuation under the Withdrawal Agreement, on a transitional basis, of the European arrest warrant regime in respect of the United Kingdom – Application to a European arrest warrant of provisions relating to the surrender mechanism established by the Trade and Cooperation Agreement with the United Kingdom – Regimes binding on Ireland
Request for a preliminary ruling from the Supreme Court
Language of the case: English
Case C-212/20 M.P. and B.P. v 'A.' prowadzący działalność za pośrednictwem 'A.'
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan agreement indexed to a foreign currency – Contractual term relating to the buying and selling rates of a foreign currency – Requirement of intelligibility and transparency – Powers of the national court
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Woli w Warszawie
Language of the case: Polish
Case C-306/20 Visma Enterprise v Konkurences padome
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
Case C-358/20 Promexor Trade v Direcţia Generală a Finanţelor Publice Cluj – Administraţia Judeţeană a Finanţelor Publice Bihor
Reference for a preliminary ruling – Harmonisation of fiscal legislation – Common system of value added tax (VAT) – Directive 2006/112/EC – Right to deduct VAT – Revocation of the VAT identification of a taxable person – Refusal of the right of deduction – Formal requirements
Request for a preliminary ruling from the Judecătoria Oradea
Language of the case: Romanian
Case C-413/20 Belgian State v LO and Others (Pilot training)
Reference for a preliminary ruling – Air transport – Regulation (EU) No 1178/2011 – Technical requirements and administrative procedures related to civil aviation aircrew – Points 9 and 10 of Subpart A of Appendix 3 to Annex I – Training course for the issue of a commercial pilot licence – Flying training – Instrument ground time – Calculation – Simulator training – Skill test – Principle of legal certainty – Temporal limitation of the effects of a preliminary ruling
Request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles
Language of the case: French
Case C-564/19 Criminal proceedings against IS (Illegality of the order for reference)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2010/64/EU – Article 5 – Quality of the interpretation and translation – Directive 2012/13/EU – Right to information in criminal proceedings – Article 4(5) and Article 6(1) – Right to information about the accusation – Right to interpretation and translation – Directive 2016/343/EU – Right to an effective remedy and to a fair trial – Article 48(2) of the Charter of Fundamental Rights of the European Union – Article 267 TFEU – Second subparagraph of Article 19(1) TEU – Admissibility – Appeal in the interests of the law against a decision ordering a reference for a preliminary ruling – Disciplinary proceedings – Power of the higher court to declare the request for a preliminary ruling unlawful
Request for a preliminary ruling from the Pesti Központi Kerületi Bíróság
Language of the case: Hungarian
Case C-833/19 P Council v Hamas
Appeal – Common foreign and security policy – Fight against terrorism – Restrictive measures against certain persons and entities – Freezing of funds – Common Position 2001/931/CFSP – Regulation (EC) No 2580/2001 – Continued inclusion of an organisation on the list of persons, groups and entities involved in terrorist acts – Statement of individual reasons notified to the organisation set out in a separate document from that containing a general statement of reasons – Authentication of the statement of individual reasons – Article 297(2) TFEU
Language of the case: French
Case C-437/19 État du Grand-duché de Luxembourg v L (Information on a group of taxpayers)
Reference for a preliminary ruling – Administrative cooperation in the field of taxation – Directive 2011/16/EU – Article 1(1), Article 5 and Article 20(2) – Request for information – Decision ordering that information be provided – Refusal to comply with the order – Penalty – ‘Foreseeable relevance’ of the requested information – Absence of identification of the taxpayers concerned individually and by name – Concept of ‘identity of the person under examination or investigation’ – Statement of reasons of the request for information – Scope – Charter of Fundamental Rights of the European Union – Article 47 – Right to an effective remedy against the decision ordering that information be provided – Article 52(1) – Limitation – Respect for the essence of the right
Request for a preliminary ruling from the Cour administrative (Luxembourg)
Language of the case: French
Case C-25/20 Proceedings brought by NK
Reference for a preliminary ruling – Judicial cooperation in civil matters – Insolvency proceedings – Regulation (EC) No 1346/2000 – Articles 4 and 28 – Article 32(2) – Time limit for the lodging of claims in insolvency proceedings – Lodging, in secondary insolvency proceedings ongoing in a Member State, of claims by the liquidator in the main proceedings pending in another Member State – Compulsory time limit laid down by the law of the State in which secondary insolvency proceedings have been opened
Request for a preliminary ruling from the Višje sodišče v Ljubljani
Language of the case: Slovenian
Case C-102/20 StWL Städtische Werke Lauf a.d. Pegnitz v eprimo
Reference for a preliminary ruling – Directive 2002/58/EC – Processing of personal data and the protection of privacy in the electronic communications sector – Article 2(h) – Concept of ‘electronic mail’ – Article 13(1) – Concept of ‘use of … electronic mail for the purposes of direct marketing’ – Directive 2005/29/EC – Unfair commercial practices – Annex I, point 26 – Concept of ‘persistent and unwanted solicitations by email’ – Advertising messages – Inbox advertising
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-233/20 WD v job-medium
Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Protection of the safety and health of workers – Article 7(1) – Right to an allowance in lieu of paid annual leave not taken before the end of the employment relationship – Early termination of the employment relationship by the employee
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-271/20 Aurubis v Bundesrepublik Deutschland
Reference for a preliminary ruling – Scheme for greenhouse gas emission allowance trading – Scheme for the free allocation of allowances – Decision 2011/278/EU – Article 3(d) – Fuel benchmark sub-installation – Concepts of ‘combustion’ and ‘fuel’ – Primary copper production by flash smelting – Request for allocation – Allowances requested and not yet allocated on the date of expiry of a trading period – Possibility of issuing such allowances during the subsequent trading period by way of enforcement of a judicial decision given after that date
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C-289/20 IB v FA (Habitual residence of a spouse - Divorce)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Jurisdiction to hear divorce applications – Article 3(1)(a) – ‘Habitual residence’ of an applicant
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
Case C-334/20 Amper Metal v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 2 – Transaction subject to VAT – Concept – Article 168(a), and Article 176 – Right to deduct input VAT – Refusal – Advertising services categorised as excessively expensive and not beneficial by the tax authority – Lack of turnover generated by the taxable person
Request for a preliminary ruling from the Veszprémi Törvényszék
Language of the case: Hungarian
Case C-372/20 QY v Finanzamt Österreich (Family benefits for development aid worker)
Reference for a preliminary ruling – Articles 45 and 48 TFEU – Free movement of workers – Equal treatment – Family benefits provided to development aid workers who take their family members to the third country to which they have been posted – Withdrawal – Second paragraph of Article 288 TFEU – Legal acts of the Union – Application of regulations – National legislation the scope ratione personae of which is broader than that of a regulation – Conditions – Regulation (EC) No 883/2004 – Article 11(3)(a) and (e) – Scope – Employed person who is a national of one Member State, employed as development aid worker by an employer established in another Member State and posted to a third country – Article 68(3) – Right of an applicant for family benefits to lodge a single application with the institution of the Member State having primary competence or with the institution of the Member State having secondary competence
Request for a preliminary ruling from the Bundesfinanzgericht
Language of the case: German
Case C-488/20 Delfarma v Prezes Urzędu Rejestracji Produktów Leczniczych, Wyrobów Medycznych i Produktów Biobójczych
Reference for a preliminary ruling – Articles 34 and 36 TFUE – Free movement of goods – Measure having equivalent effect to a quantitative restriction – Medicinal products for human use – Parallel import of medicinal products – Legislation of a Member State under which a parallel import licence is to expire automatically after one year from the expiry of the marketing authorisation for the reference medicinal product – Protection of the health and life of humans – Proportionality – Directive 2001/83/EC – Pharmacovigilance
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Warszawie
Language of the case: Polish
Case C-3/20 Criminal proceedings against AB and Others
Reference for a preliminary ruling – Protocol (No 7) on the privileges and immunities of the European Union – Member of an organ of the European Central Bank – Governor of a national central bank of a Member State – Immunity from criminal proceedings – Indictment connected with activities carried out in the course of employment within the Member State
Request for a preliminary ruling from the Rīgas rajona tiesa
Language of the case: Latvian
Information (on unpublished decisions)
Case C-255/20 Agenzia delle dogane e dei monopoli - Ufficio delle dogane di Gaeta v Punto Nautica
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Taxation – Harmonisation of legislation – Excise duty – Directive 92/12/EEC – Article 3(2) – Directive 2008/118/EC – Article 1(2) – Other indirect taxes on excise goods – Regional tax on the sale of fuel for motor vehicles – Specific purposes – Absence
Case C-415/21 P Comercializadora Eloro v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170a of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-106/20 P Greece v Commission
Appeal – Common agricultural policy – EAGF and EAFRD – Expenditure excluded from EU financing – Expenditure incurred by the Hellenic Republic – Conformity clearance procedure – Plea raised for the first time during the oral proceedings at first instance – Regulation (EC) No 796/2004 – Article 2(2) – Regulation (EU) No 1307/2013 – Article 4(1)(h) – Concept of ‘permanent pasture’ – Distortion of evidence – Delegated Regulation (EU) No 907/2014 – Article 12(4) – One-off correction – Conditions – Burden of proof
Case C-424/21 P Sun Stars & Sons v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-425/21 P Sun Stars & Sons v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-465/21 P König Ludwig International v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-602/20 AKZ - Burgas v Direktor na Direktsia 'Obzhalvane i danachno-osiguritelna praktika'
Reference for a preliminary ruling – Social security contributions – Repayment of contributions wrongly paid – Limitation of interest on repayment – National procedural autonomy – Principle of equivalence – Principle of effectiveness – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Manifest inadmissibility
Case C-655/20 Gómez del Moral Guasch v Bankia
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan agreement – Variable interest rate – Mortgage loan reference index (IRPH) – Review of transparency by the national court – Assessment of the unfair nature of contractual terms – Consequences of a declaration of nullity – Judgment of 3 March 2020, Gómez del Moral Guasch (C‑125/18, EU:C:2020:138) – New questions
Case C-79/21 YB v Unión de Créditos Inmobiliarios
Reference for a preliminary ruling – Articles 53 and 99 of the Rules of Procedure of the Court – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan agreement – Variable interest rate – Mortgage loan reference index (IRPH) – Review of transparency by the national court – Duty to provide information – Assessment of the unfair nature of contractual terms – Requirements of good faith, balance and transparency – Consequences of a declaration of nullity
Case C-680/19 P Fulmen v Council
Appeal – Common foreign and security policy (CFSP) – Restrictive measures against the Islamic Republic of Iran – Damage allegedly suffered by the appellant as a result of its name being included and maintained on the list of persons and entities subject to the freezing of funds and economic resources – Action for damages – Jurisdiction of the Court to rule on a claim seeking compensation for the damage allegedly caused by restrictive measures taken in decisions adopted pursuant to the CFSP – Sufficiently serious breach of a rule of law intended to confer rights on individuals
Case C-681/19 P Mahmoudian v Council
Appeal – Common foreign and security policy (CFSP) – Restrictive measures against the Islamic Republic of Iran – Damage allegedly suffered by the appellant as a result of his name being included and maintained on the list of persons and entities subject to the freezing of funds and economic resources – Action for damages – Jurisdiction of the Court to rule on a claim seeking compensation for the damage allegedly caused by restrictive measures taken in decisions adopted pursuant to the CFSP – Sufficiently serious breach of a rule of law intended to confer rights on individuals
Case C-107/20 P Greece v Commission
Appeal – Common Agricultural Policy (CAP) – European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) – Expenditure excluded from EU financing – Expenditure incurred by the Hellenic Republic – Regulation (EU) No 1306/2013 – Article 52(4)(c) – Flat-rate financial corrections – 24-month period – Expenses covered by the 24-month period – Method of calculating the correction – Adjustment of the rate of correction
Case C-490/21 P Davide Groppi v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-498/21 P Birkenstock IP and Birkenstock Sales v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-345/21 P Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO
Appeal – EU trade mark – Whether appeals may be allowed to proceed – Article 170b of the Court’s Rules of Procedure – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-249/20 P Commission v UG
Appeal – Civil service – Contract staff – Contract of indefinite duration – Termination – Grounds for termination – Distortion – Non-material damage – Admissibility – Failure to rule on a head of claim
Case C-201/21 P-OST Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO and M.J. Dairies
Rectification order – Articles 154, 155 and 159a of the Rules of Procedure of the Court of Justice – Failure to adjudicate – Conditions – Manifest inadmissibility
Case C-273/21 WD v Agrárminiszter
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Agriculture – Common Agricultural Policy – Regulation (EU) No 1307/2013 – Direct support schemes – Article 4(1)(c) and (e) – Article 32(2) – Single area payment application – Concept of ‘eligible hectare’ – Land classified as an aerodrome according to the land register – Actual use for agricultural purposes
Case C-327/21 P Giro Travel Company v Andréas Stihl and EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-381/21 P Lee v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-466/21 P-R Land Rheinland-Pfalz v Deutsche Lufthansa
Interim relief – Appeal – Article 278 TFEU – Application for suspension of operation of a measure – State aid – Operating aid granted to Francfort-Hahn airport – Decision not to raise any objection – Urgency – Risk to the financial viability of the company concerned
Case C-483/21 P Health Product Group v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
December 2021
Case C-471/21 P(R) Inivos and Inivos v Commission
Appeal – Interim relief – Public procurement – Negotiated procedure without prior publication of a contract notice – Application for suspension of operation of a measure – Urgency – Serious and irreparable damage
Language of the case: English
Joined Cases C-884/19 P and C-888/19 P Commission and GMB Glasmanufaktur Brandenburg v Xinyi PV Products (Anhui) Holdings
Appeal – Dumping – Imports of solar glass originating in China – Regulation (EC) No 1225/2009 – Article 2(7)(b) and (c) – ‘Undertaking operating under market economy conditions’ status – Denied – Concept of ‘significant distortions carried over from the former non-market economy system’, within the meaning of the third indent of Article 2(7)(c) – Tax incentives
Language of the case: English
Case C-484/20 Vodafone Kabel Deutschland v Bundesverband der Verbraucherzentralen und Verbraucherverbände
Reference for a preliminary ruling – Consumer protection – Directive (EU) 2015/2366 – Payment services – Article 62(4) – Charges applicable – Article 107(1) – Full harmonisation – Article 115(1) and (2) – Transposition and application – Subscriptions for cable television and internet access – Contracts of indefinite duration concluded before the date for transposition of that directive – Charges applied to payment transactions without direct debit authorisation that are initiated after that date
Request for a preliminary ruling from the Oberlandesgericht München
Language of the case: German
Case C-670/20 EP and Others v ERSTE Bank Hungary
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Loan agreement denominated in a foreign currency – Terms exposing the borrower to a foreign exchange risk – Article 4(2) – Requirements of intelligibility and transparency – Lack of effect of the declaration by the consumer under which he or she is fully aware of the potential risks arising from a loan denominated in a foreign currency – Contractual term that is in plain, intelligible language
Request for a preliminary ruling from the Ráckevei Járásbíróság
Language of the case: Hungarian
Case C-154/20 Kemwater ProChemie v Odvolací finanční ředitelství
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 168 – Right to deduct input tax – Material conditions governing the right of deduction – Supplier’s status as taxable person – Burden of proof – Refusal of the right of deduction where the true supplier has not been identified – Conditions
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-217/20 XXXX v Staatssecretaris van Financiën (Remuneration during paid annual leave)
Reference for a preliminary ruling – Directive 2003/88/EC – Organisation of working time – Protection of the health and safety of workers – Article 7(1) – Right to paid annual leave – Level of remuneration – Reduced remuneration due to incapacity for work
Request for a preliminary ruling from the Rechtbank Overijssel
Language of the case: Dutch
Case C-242/20 HRVATSKE ŠUME v BP Europa
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Article 5(3) – Concept of ‘matters relating to tort, delict or quasi-delict’ – Judicial enforcement proceedings – Action for recovery of sums unduly paid based on unjust enrichment – Article 22(5) – Enforcement of judgments – Exclusive jurisdiction
Request for a preliminary ruling from the Visoki trgovački sud Republike Hrvatske
Language of the case: Croatian
Case C-370/20 Pro Rauchfrei v JS e.K.
Reference for a preliminary ruling – Manufacture, presentation and sale of tobacco products – Directive 2014/40/EU – Labelling and packaging – Article 8(8) – Health warnings which must appear on each unit packet of a tobacco product and any outside packaging – Automatic vending machine for cigarette packets – Health warnings not visible from the outside – Representation of unit packets – Concept of ‘images’ of unit packets and any outside packaging targeting consumers in the European Union
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-708/20 BT v EB (Action against the insured)
Reference for a preliminary ruling – Cooperation in civil and commercial matters – Regulation (EU) No 1215/2012 – Jurisdiction, recognition and enforcement in civil and commercial matters – Jurisdiction in insurance matters – Claim for compensation for damage suffered by an individual domiciled in a Member State following an accident in rented accommodation in another Member State – Action brought by the injured person against, first, the insurer and, secondly, against the insured owner of that accommodation – Applicability of Article 13(3) of that regulation
Request for a preliminary ruling from the County Court at Birkenhead
Language of the case: English
Case C-382/21 P EUIPO v The KaiKai Company Jaeger Wichmann
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal allowed to proceed
Language of the case: German
Case C-490/20 V.М.А. v Stolichna obshtina, rayon „Pancharevo“
Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Right to move and reside freely within the territory of the Member States – Child born in the host Member State of her parents – Birth certificate issued by that Member State mentioning two mothers in respect of that child – Refusal by the Member State of origin of one of those two mothers to issue a birth certificate for the child in the absence of information as to the identity of the child’s biological mother – Possession of such a certificate being a prerequisite for the issue of an identity card or a passport – Persons of the same sex not recognised as parents under the national legislation of that Member State of origin
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Joined Cases C-478/19 and C-479/19 UBS Real Estate v Agenzia delle Entrate
Reference for a preliminary ruling – Free movement of capital – Closed-ended mutual investment funds – Open-ended mutual investment funds – Investments in real estate – Mortgage registration tax and land registry fees – Tax advantage granted only to closed-ended real estate investment funds – Difference in treatment – Comparability of situations – Objective criteria of differentiation
Requests for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-724/19 Criminal proceedings against HP (Traffic and location data)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – European Investigation Order (EIO) – Directive 2014/41/EU – Article 2(c)(i) – Concept of ‘issuing authority’ – Article 6 – Conditions for issuing an EIO – Article 9(1) and (3) – Recognition of an EIO – EIO seeking to obtain traffic and location data associated with telecommunications, issued by a public prosecutor designated as ‘issuing authority’ by the national measure transposing Directive 2014/41 – Exclusive competence of the judge, in a similar domestic case, to order the investigative measure indicated in that order
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-203/20 Criminal proceedings against AB and Others (Revocation of an amnesty)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Charter of Fundamental Rights of the European Union – Scope – Article 51 – Implementation of EU law – Framework Decision 2002/584/JHA – Jurisdiction of the Court – Reference made before the issue of a European arrest warrant – Admissibility – Principle ne bis in idem – Article 50 – Concepts of ‘acquittal’ and ‘conviction’ – Amnesty in the issuing Member State – Final decision discontinuing a criminal prosecution – Revocation of the amnesty – Setting-aside of the decision discontinuing the criminal prosecution – Resumption of proceedings – Need for a decision taken after a determination of the criminal liability of the person concerned – Directive 2012/13/EU – Right to information in criminal proceedings – Scope – Concept of ‘criminal proceedings’ – Legislative procedure for the adoption of a resolution relating to the revocation of an amnesty – Judicial procedure for review of the compliance of that resolution with the national Constitution
Request for a preliminary ruling from the Okresný súd Bratislava III
Language of the case: Slovak
Case C-225/20 Euro Delta Danube v Agenţia de Plăţi şi Intervenţie pentru Agricultură
Reference for a preliminary ruling – Agriculture – Common agricultural policy – Delegated Regulation (EU) No 640/2014 – Area-related aid scheme – Single area payment – Eligibility criteria – Concession agreement for agricultural land – Change of use of that land without the agreement of the grantor – Agricultural use of areas intended for aquaculture use – Difference between the area declared and the area determined – Over-declaration – Administrative penalties
Request for a preliminary ruling from the Curtea de Apel Constanţa
Language of the case: Romanian
Case C-274/20 GN and WX v Prefettura di Massa Carrara
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Road traffic – Registration and taxation of motor vehicles – Driver residing in a Member State – Vehicle registered in another Member State – Vehicle provided free of charge for a short period – National legislation prohibiting persons who have resided in Italy for more than 60 days from driving in that Member State a vehicle registered in another country
Request for a preliminary ruling from the Giudice di pace di Massa
Language of the case: Italian
Case C-575/20 Apollo Tyres (Hungary) v Innovációért és Technológiáért Felelős Miniszter
Reference for a preliminary ruling – Atmospheric pollution – System for greenhouse gas emission allowance trading – Directive 2003/87/EC – Installations for the combustion of fuels – Annex I – Total rated thermal input – Rules for calculation – Aggregation rule
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Joined Cases C-357/19, C-379/19, C-547/19, C-811/19 and C-840/19 Criminal proceedings against PM and Others
Reference for a preliminary ruling – Decision 2006/928/EC – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Legal nature and effects – Binding on Romania – Rule of law – Judicial independence – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Fight against corruption – Protection of the European Union’s financial interests – Article 325(1) TFEU – ‘PFI’ Convention’ – Criminal proceedings – Decisions of the Curtea Constituțională (Constitutional Court, Romania) concerning the legality of the taking of certain evidence and the composition of judicial panels in cases of serious corruption – Duty on national courts to give full effect to the decisions of the Curtea Constituțională (Constitutional Court) – Disciplinary liability of judges in case of non-compliance with such decisions – Power to disapply decisions of the Curtea Constituțională (Constitutional Court) that conflict with EU law – Principle of primacy of EU law
Requests for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie and Tribunalul Bihor
Language of the case: Romanian
Case C-874/19 P Aeris Invest v SRB
Appeal – Economic and monetary union – Banking union – Recovery and resolution of credit institutions and investment firms – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Board (SRB) – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption of a resolution scheme in respect of Banco Popular Español SA – Sale of business tool – Write-down and conversion of capital instruments – Regulation (EU) No 806/2014 – Article 20 – Concept of ‘definitive valuation’ – Consequences – Refusal or failure to proceed with an ex post definitive valuation – Remedies – Action for annulment
Language of the case: French
Case C-124/20 Bank Melli Iran v Telekom Deutschland
Reference for a preliminary ruling – Commercial policy – Regulation (EC) No 2271/96 – Protection against the effects of the extraterritorial application of legislation adopted by a third country – Restrictive measures taken by the United States of America against Iran – Secondary sanctions adopted by that third country preventing persons from engaging, outside its territory, in commercial relationships with certain Iranian undertakings – Prohibition on complying with such a law – Exercise of a right of ordinary termination
Request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg
Language of the case: German
Joined Cases C-146/20, C-188/20, C-196/20 and C-270/20 AD and Others v Corendon Airlines and Others
References for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Articles 2 and 3 – Concepts of ‘operating air carrier’, ‘confirmed reservation’ and ‘scheduled time of arrival’ – Articles 5, 7 and 8 – Flight departure time brought forward in relation to the original planned departure time – Classification – Reduction in the amount of compensation – Offer of re-routing – Article 14 – Obligation to inform passengers of their rights – Scope
Requests for a preliminary ruling from the Landgericht Düsseldorf and Landesgericht Korneuburg
Language of the case: German
Case C-243/20 DP and SG v Trapeza Peiraios
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms – Article 1(2) – Contractual terms reflecting mandatory statutory or regulatory provisions – Exclusion from the scope of the directive – Loan repayable in foreign currency – Term reflecting a national provision of a supplementary nature – Effect of non-transposition of Article 1(2) of the directive – Article 3(1) and Article 4(1) – Assessment of the unfairness of a term – Article 8 – Adoption or retention of national provisions ensuring a maximum degree of protection for the consumer – Interaction between these various provisions of Directive 93/13
Request for a preliminary ruling from the Polymeles Protodikeio Athinon
Language of the case: Greek
Case C-251/20 Gtflix Tv v DR
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 7(2) – Special jurisdiction in matters relating to tort, delict or quasi-delict – Publication on the internet of allegedly disparaging comments concerning a person – Place where the harmful event occurred – Courts of each Member State in which content placed online is or has been accessible
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C-263/20 Airhelp v Laudamotion
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Article 2(l) – Article 5(1)(c) – Flight booked through an online platform – Flight departure time brought forward by the operating air carrier – Classification – Receipt of notification of the flight being brought forward sent to an electronic address not belonging to the passengers concerned – Directive 2000/31/EC – Electronic commerce – Article 11 – Presumption of receipt – Scope of the operating air carrier’s obligation to provide information
Request for a preliminary ruling from the Landesgericht Korneuburg
Language of the case: German
Case C-394/20 XY v Finanzamt V (Inheritance - Partial allowance and deduction of reserved portions)
Reference for a preliminary ruling – Free movement of capital – Articles 63 and 65 TFEU – National legislation on inheritance tax – Immovable property situated on national territory – Limited tax liability – Different treatment of residents and non-residents – Right to an allowance on the taxable value – Proportionate reduction in the case of limited tax liability – Liabilities arising from reserved portions – No deduction in the case of limited tax liability
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C-395/20 EP and GM v Corendon Airlines Turistik Hava Tasimacilik
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Article 2(l) – Article 5(1) – Change in the departure time of a flight – Departure postponed by approximately three hours – Passengers notified nine days before departure – Concepts of ‘cancellation’ and ‘delay’
Request for a preliminary ruling from the Landgericht Düsseldorf
Language of the case: German
Case C-428/20 A.K. v Skarb Państwa (Motor insurance cover)
Reference for a preliminary ruling – Compulsory insurance against civil liability in respect of the use of motor vehicles – Second Directive 84/5/EEC – Article 1(2) – Directive 2005/14/EC – Directive 2009/103/EC – Article 9(1) – Obligation to increase the minimum amounts covered by compulsory insurance – Transitional period – New rule applicable immediately to the future effects of a situation which arose under the old rule – Situation arising prior to the entry into force of a substantive rule of EU law – National rules excluding insurance contracts concluded before 11 December 2009 from the obligation to increase the minimum amounts covered by compulsory insurance
Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie
Language of the case: Polish
Case C-497/20 Randstad Italia v Umana and Others
Reference for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Obligation of Member States to provide remedies sufficient to ensure effective legal protection in the fields covered by Union law – Public procurement – Directive 89/665/EEC – Article 1(1) and (3) – Article 47 of the Charter of Fundamental Rights of the European Union – Judgment of a Member State’s highest administrative court declaring inadmissible, in breach of the case-law of the Court of Justice, an action brought by a tenderer excluded from a public procurement procedure – No remedy against that judgment before the highest court in that Member State’s judicial order – Principles of effectiveness and equivalence
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-524/20 Vítkovice Steel v Ministerstvo životního prostředí
Reference for a preliminary ruling – Scheme for greenhouse gas emission allowance trading – Directive 2003/87/EC – Article 11(3) – Decision 2011/278/EU – Article 3(b) and Article 10(2)(a) – Product benchmark sub-installation – Decision 2013/448/EU – Validity – Installation using a basic oxygen furnace – Hot metal – Input from a third-party installation – Refusal to allocate emission allowances – Admissibility – Failure by the applicant in the main proceedings to bring an action for annulment
Request for a preliminary ruling from the Městský soud v Praze
Language of the case: Czech
Information (on unpublished decisions)
Case C-598/20 Pilsētas zemes dienests
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Harmonisation of fiscal legislation – Common system of value added tax (VAT) – Directive 2006/112/EC – Exemptions – Article 135(1)(l) and Article 135(2) – Leasing and letting of immovable property – Exclusion from exemption of a compulsory land lease to owners of buildings – Principle of fiscal neutrality
Case C-373/21 P Hasbro v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-462/21 P Puma v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-473/21 P Franz Schröder v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-474/21 P Franz Schröder v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-475/21 P Franz Schröder v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-374/20 P Agrochem-Maks v Commission
Appeal – Plant protection products – Active substance – Regulation (EC) No 1107/2009 – Article 6(f) – Annex II, point 2.2 – Definition of ‘further confirmatory information’ – Implementing Regulation (EU) No 844/2012 – Article 13(3) – Non-renewal of approval of the active substance ‘oxasulfuron’ for its placing on the market – Scope of the rapporteur Member State’s decision to declare the application for renewal to be admissible – Right of that Member State and of the European Food Safety Authority (EFSA) to require the applicant to provide further information – Right of the rapporteur Member State to amend its draft renewal assessment report – Precautionary principle
Case C-193/21 P RY v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Temporary staff – Action for annulment – Termination of a contract of indefinite duration pursuant to Article 47(c)(i) of the Conditions of Employment of Other Servants of the European Union – Right to be heard – Compliance with a judgment annulling a measure – Article 266 TFEU – confirmatory of the initial compliance check decision – Appeal manifestly inadmissible
Case C-476/21 P Rezon v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-647/20 XG v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Direct taxation – Taxation of capital gains on immovable property – Articles 63, 64 and 65 TFEU – Free movement of capital – Higher tax liability on capital gains on immovable property made by residents of third countries
Case C-151/21 SESCAM v BF
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Field of public health – Calculation of length-of-service increments – National legislation refusing to take into account, as regards permanent staff regulated under administrative law, for the purpose of calculating length-of-service increments, periods corresponding to activities temporarily exercised in a higher professional category
Case C-224/21 VX v Autoridade Tributária e Aduaneira (Tax on capital gains from property II)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Direct taxation – Taxation of capital gains from property – Articles 63 and 65 TFUE – Free movement of capital – Discrimination – Higher tax liability on capital gains on immovable property made by non-residents – Election for taxation under the same procedures as residents
Case C-226/21 KQ v SESCAM
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Definition of ‘employment conditions’ – Exemption from providing on-call medical services on the grounds of age granted solely to permanent workers
Case C-387/21 P Asolo and WeMO Brands v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-547/21 P(R) Portugal v Commission
Appeal – Interim relief – State aid – Madeira Free Zone (Portugal) – Granting of tax advantages to companies – State aid scheme implemented by the Portuguese Republic – Decision declaring the aid incompatible with the internal market – Urgency – Serious and irreparable harm
Case C-589/21 P Abitron Germany v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-619/21 P Cora v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-467/21 Comune di Venezia v Telecom Italia and Infrastrutture Wireless Italiane
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Approximation of laws – Electronic communications networks and services – Restrictions on the installation of mobile telephone relay antennas imposed by the local authorities – Insufficient information concerning the reasons justifying the need to reply to the question referred for the purpose of resolving the dispute in the main proceedings – Manifest inadmissibility
Case C-505/21 FU v Fedasil
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Asylum policy – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Regulation (EU) No 604/2013 (Dublin III) – Article 27 – Remedies against a transfer decision – No link between the interpretation of EU law that is sought and the actual facts of the main action or its purpose – Manifest inadmissibility
Case C-523/21 P Innovative Cosmetic Concepts v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-876/19 P PlasticsEurope v ECHA
Appeal – Establishment of a list of substances subject to authorisation – List of substances identified with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Updating of the entry of the substance bisphenol A as a substance of very high concern
Case C-586/20 P P. Krücken Organic v Commission
Appeal – Law governing the institutions – Action for damages – Conditions governing the non-contractual liability of the European Union – Regulation (EC) No 834/2007 – Organic production and labelling of organic products – Article 33(3) – Concept of ‘appropriate supervision’ – Regulation (EC) No 1235/2008 – Arrangements for imports of organic products from third countries – Private control body for the purpose of equivalence – Attribution of that body’s conduct to the European Commission
Case C-538/21 P Cyprus v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
January 2022
Joined Cases C-177/19 P to C-179/19 P Germany and Others v Commission
Appeal – Action for annulment – Environment – Type approval of motor vehicles – Regulation (EU) 2016/646 – Emissions from light passenger and commercial vehicles (Euro 6) – Setting of the not-to-exceed (NTE) values for emissions of oxides of nitrogen during the real driving emission (RDE) tests – Fourth paragraph of Article 263 TFEU – Admissibility of an action – Infra-State entity with powers in the field of environmental protection to limit the circulation of certain vehicles – Condition that the applicant must be directly concerned
Language of the case: Spanish
Case C-282/19 YT and Others v Ministero dell'Istruzione, dell'Università e della Ricerca and Ufficio Scolastico Regionale per la Campania
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 4 and 5 – Fixed-term employment contracts in the public sector – Catholic religious education teachers – Concept of ‘objective reasons’ justifying the renewal of such contracts – Permanent need for replacement staff
Request for a preliminary ruling from the Tribunale di Napoli
Language of the case: Italian
Case C-377/19 Benedetti Pietro e Angelo and Others v AGEA
Reference for a preliminary ruling – Milk and milk products sector – Quotas – Additional levy – Regulation (EC) No 1788/2003 – Deliveries exceeding the producer’s available reference quantity – Collection of the contribution to the excess levy by the purchaser – Refund of levies overpaid – Regulation (EC) No 595/2004 – Article 16 – Criteria for redistributing the excess levy
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-881/19 Tesco Stores ČR v Ministerstvo zemědělství
Reference for a preliminary ruling – Consumer protection – Approximation of laws – Regulation (EU) No 1169/2011 – Point 2(a) of Part E of Annex VII – Provision of food information to consumers – Labelling and presentation of food – Directive 2000/36/EC – Point 2(c) of Part A of Annex I – Cocoa and chocolate products – List of ingredients of a food intended for consumers in a Member State
Request for a preliminary ruling from the Krajský soud v Brně
Language of the case: Czech
Case C-55/20 Minister Sprawiedliwości v Prokurator Krajowy and Rzecznik Dyscyplinarny Izby Adwokackiej
Reference for a preliminary ruling – Admissibility – Article 267 TFEU – Definition of ‘court or tribunal of a Member State’ – Bar Association Disciplinary Court – Disciplinary investigation initiated against a lawyer – Decision of the Disciplinary Agent finding that there was no disciplinary offence and terminating the investigation – Appeal by the Minister for Justice to the Bar Association Disciplinary Court – Directive 2006/123/EC – Services in the internal market – Article 4, point (6), and Article 10(6) – Authorisation scheme – Withdrawal of authorisation – Article 47 of the Charter of Fundamental Rights of the European Union – Not applicable
Request for a preliminary ruling from the Sąd Dyscyplinarny Izby Adwokackiej w Warszawie
Language of the case: Polish
Case C-110/20 Regione Puglia v Ministero dell'Ambiente e della Tutela del Territorio e del Mare and Others
Reference for a preliminary ruling – Energy – Directive 94/22/EC – Conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons – Authorisation for the prospection of hydrocarbons in a specific geographical area for a specified period – Contiguous areas – Grant of several authorisations to the same operator – Directive 2011/92/EU – Article 4(2) and (3) – Environmental impact assessment
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-156/20 Zipvit v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 168 – Right of deduction – Supply of postal services mistakenly exempted – VAT deemed to be included in the commercial price of the supply for the purpose of exercising the right of deduction – Not included – Concept of VAT ‘due or paid’
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
Case C-326/20 MONO v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Excise duty – Directive 2008/118/EC – Exemption from the harmonised excise duty – Goods intended to be used in the context of diplomatic and consular relations – Conditions for the exemption to apply laid down by the host Member State – Payment by non-cash means
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
Case C-327/20 Skarb Państwa - Starosta Nyski v New Media Development & Hotel Services
Reference for a preliminary ruling – Directive 2011/7/EU – Combating late payments in commercial transactions – Scope – Concept of ‘commercial transactions’ – Public authority acting in its capacity as creditor of an undertaking – Not included – Grant by a public authority of a usufruct of immovable property against payment of an annual fee
Request for a preliminary ruling from the Sąd Okręgowy w Opolu
Language of the case: Polish
Case C-351/20 P Dragnea v Commission
Appeal – Investigations conducted by the European Anti-Fraud Office (OLAF) – Investigation reports – Request for an investigation to be opened into the conduct of previous OLAF investigations – Request to access documents – Letter of refusal – Article 263 TFEU – Decision against which an action for annulment may be brought – Time limit for bringing proceedings – Action against a letter confirming OLAF’s investigation reports – Regulation (EC) No 1049/2001 – Article 6 and Article 7(2) – Obligation to inform the applicant of his or her right to make a confirmatory application
Language of the case: English
Case C-363/20 MARCAS MC v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Companies – Corporation tax – Tax inspection – Scope of EU law – Charter of Fundamental Rights of the European Union – Article 51(1) – Implementation of EU law – None – Fourth Directive 78/660/EEC – Annual accounts of certain types of companies – Accounting of income generated from intellectual property rights – Article 2(3) – Principle that a true and fair view must be given – Article 31 – Valuation of items shown in annual accounts – Compliance with accounting principles
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-513/20 Autoridade Tributária e Aduaneira v Termas Sulfurosas de Alcafache,
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(b) – Exemptions for certain activities in the public interest – Exemption of hospital and medical care – Closely related activities – Thermal treatment – Amount charged for compiling an individual file including the user’s clinical history
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-514/20 DS v Koch Personaldienstleistungen
Reference for a preliminary ruling – Social policy – Charter of Fundamental Rights of the European Union – Article 31(2) – Directive 2003/88/EC – Organisation of working time – Article 7 – Annual leave – Working time – Overtime – Calculation of working time on a monthly basis – No overtime pay when taking annual leave
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-683/20 Commission v Slovakia (Environmental noise)
Failure of a Member State to fulfil obligations – Environment – Directive 2002/49/EC – Assessment and management of environmental noise – Major roads and major railways – Article 8(2) – Action plans – Article 10(2) – Annex VI – Summaries of action plans – Failure to communicate to the Commission within the prescribed period
Language of the case: Slovak
Case C-724/20 Paget Approbois v Depeyre entreprises and Alpha Insurance
Reference for a preliminary ruling – Freedom of establishment – Freedom to provide services – Business of insurance and reinsurance – Directive 2009/138/EC – Winding-up of insurance undertakings – Article 292 – Effects of winding-up proceedings on pending lawsuits – Exception to the application of the lex concursus – Lex processus
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-118/20 JY v Wiener Landesregierung (Revocation of an assurance of naturalisation)
Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Scope – Renunciation of the nationality of one Member State in order to obtain the nationality of another Member State in accordance with the assurance given by the latter to naturalise the person concerned – Revocation of that assurance on grounds of public policy or public security – Principle of proportionality – Statelessness
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-261/20 Thelen Technopark Berlin v MN
Reference for a preliminary ruling – Freedom to provide services – Article 49 TFEU – Directive 2006/123/EC – Article 15 – Architects’ and engineers’ fees – Fixed minimum tariffs – Direct effect – Judgment establishing a failure to fulfil obligations delivered during proceedings before a national court or tribunal
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-594/19 P Deutsche Lufthansa v Commission
Appeal – State aid – Aid for airports and airlines – Decision classifying the measures in favour of Frankfurt Hahn airport as State aid compatible with the internal market and finding no State aid in favour of airlines using that airport – Inadmissibility of an action for annulment – Fourth paragraph of Article 263 TFEU – Natural or legal person not directly and individually concerned by the decision at issue – Effective judicial protection
Language of the case: German
Case C-891/19 P Commission v Hubei Xinyegang Special Tube
Appeal – Dumping – Implementing Regulation (EU) 2017/804 – Imports of certain seamless pipes and tubes originating in China – Definitive anti-dumping duty – Regulation (EU) 2016/1036 – Article 3(2), (3) and (6), and Article 17 – Determination of injury – Examination of the effect of dumped imports on the prices of like products sold on the EU market – Analysis of price undercutting – Application of the product control number (PCN) method – Obligation of the European Commission to take into account the different market segments relating to the product under consideration and all sales of like products by the sampled EU producers
Language of the case: English
Case C-899/19 P Romania v Commission
Appeal – Law governing the institutions – Citizens’ initiative – Regulation (EU) No 211/2011 – Article 4(2)(b) – Registration of a proposed citizens’ initiative – Condition requiring that that proposed citizens’ initiative does not manifestly fall outside the framework of the European Commission’s powers to submit a proposal for a legal act for the purpose of implementing the Treaties – Decision (EU) 2017/652 – Citizens’ initiative ‘Minority SafePack – one million signatures for diversity in Europe’ – Registration in part – Article 5(2) TEU – Principle of conferral – Article 296 TFEU – Obligation to state reasons – Principle audi alteram partem
Language of the case: Romanian
Case C-51/20 Commission v Greece (Recovery of State aid - Ferronickel)
Failure of a Member State to fulfil obligations – State aid – Aid declared unlawful and incompatible with the internal market – Obligation of recovery – Judgment of the Court establishing the failure of a Member State to fulfil its obligations – Non-compliance – Failure to comply with the obligation to recover unlawful and incompatible aid – Financial penalties – Proportionality and dissuasiveness – Periodic penalty payment – Lump sum – Ability to pay – Weighting of the Member State’s voting rights in the European Parliament
Language of the case: Greek
Case C-90/20 Apcoa Parking Danmark v Skatteministeriet
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Scope – Taxable transactions – Activities carried out by a company incorporated under private law – Operation of car parks on private land – Control fees levied by that company in the event of failure by the motorists to comply with the general terms and conditions for use of those car parks – Characterisation – Economic and commercial realities of the transactions
Request for a preliminary ruling from the Højesteret
Language of the case: Danish
Case C-165/20 ET v Bundesrepublik Deutschland
Reference for a preliminary ruling – Scheme for greenhouse gas emission allowance trading – Directive 2003/87/EC – Article 3e – Inclusion of aviation activities – Directive 2008/101/EC – Allocation and issue of allowances free of charge to aircraft operators – Cessation, by such an operator, of its activities due to insolvency – Decision of the competent national authority refusing to issue allowances to the insolvency administrator of the company in liquidation
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
Case C-432/20 ZK (Loss of long-term resident status)
Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Directive 2003/109/EC – Article 9(1)(c) – Loss of the status of long-term resident third-country national – Absence from the territory of the European Union for a period of 12 consecutive months – Interruption of that period of absence – Irregular and short‑term stays in the territory of the European Union
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
Case C-638/19 P Commission v European Food and Others
Appeal – State aid – Articles 107 and 108 TFEU – Bilateral Investment Treaty – Arbitration clause – Romania – Accession to the European Union – Repeal of a tax incentives scheme prior to accession – Arbitral award granting payment of damages after accession – European Commission decision declaring that payment to be State aid incompatible with the internal market and ordering its recovery – Competence of the European Commission – Application ratione temporis of EU law – Determination of the date at which the right to receive aid is conferred on the beneficiary – Article 19 TEU – Articles 267 and 344 TFEU – Autonomy of EU law
Language of the case: English
Case C-181/20 VYSOČINA WIND v Ministerstvo životního prostředí
Reference for a preliminary ruling – Environment – Directive 2012/19/EU – Waste electrical and electronic equipment – Obligation to finance the costs relating to the management of waste from photovoltaic panels – Retroactive effect – Principle of legal certainty – Incorrect transposition of a directive – Liability of the Member State
Request for a preliminary ruling from the Nejvyšší soud České republiky
Language of the case: Czech
Case C-788/19 Commission v Spain (Obligation to provide tax information)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Free movement of capital – Obligation to provide information concerning assets or rights held in other Member States of the European Union or the European Economic Area (EEA) – Failure to comply with that obligation – Limitation – Penalties
Language of the case: Spanish
Case C-179/20 Fondul Proprietatea v Guvernul României and Others
Reference for a preliminary ruling – Internal market in electricity – Directive 2009/72/EC – Article 15(4) – Priority dispatch – Security of supply – Article 32(1) – Free third-party access – Guaranteed access to transmission systems – Directive 2009/28/EC – Article 16(2) – Guaranteed access – Article 107(1) TFEU – Article 108(3) TFEU – State aid
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-234/20 Sātiņi-S
Reference for a preliminary ruling – European Agricultural Fund for Rural Development (EAFRD) – Regulation (EU) No 1305/2013 – Support for rural development – Article 30(6)(a) – Natura 2000 payments – Compensation for income foregone in agricultural and forest areas – Peat bogs – Prohibition of establishing plantations of cranberries – No compensation for damage – Charter of Fundamental Rights of the European Union – Article 17 – Right to property
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
Case C-238/20 Sātiņi-S
Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 17 – Right to property – Directive 2009/147/EC – Compensation for the damage caused to aquaculture by protected wild birds in a Natura 2000 area – Compensation less than the damage actually suffered – Article 107(1) TFEU – State aid – Concept of ‘advantage’ – Conditions – Regulation (EU) No 717/2014 – De minimis rule
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
Case C-347/20 Zinātnes parks v Finanšu ministrija
Reference for a preliminary ruling – Structural Funds – European Regional Development Fund (ERDF) – Regulation (EU) No 1303/2013 – Co-financing programme – State aid – Regulation (EU) No 651/2014 – Scope – Limits – Concepts of ‘subscribed share capital’ and ‘undertaking in difficulty’ – Exclusion of undertakings in difficulty from ERDF support – Conditions for the taking effect of an increase of the subscribed share capital – Date of submission of evidence of that increase – Principles of non-discrimination and transparency
Request for a preliminary ruling from the Administratīvā rajona tiesa
Language of the case: Latvian
Information (on unpublished decisions)
Case C-287/20 EL and CP v Ryanair (Cabin crew and pilots’ strike)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Article 5(3) – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Exemption from the obligation to pay compensation – Concept of ‘extraordinary circumstances’ – Strike by cabin crew and pilots – Circumstances that are ‘internal’ and ‘external’ to the operating air carrier’s activity – Charter of Fundamental Rights of the European Union – Articles 12 and 28 – No infringement of the workers’ freedom of assembly and association and the air carrier’s right of negotiation
Case C-437/20 Criminal proceedings against ZI and TQ
Reference for a preliminary ruling – Article 53(2) Rules of Procedure of the Court – Games of chance – Licences for the collection of bets – Extension of existing licences – Regularisation of data transmission centres (DTC) engaged in the collection of bets without the necessary licence and police authorisation – Limited period – Manifest inadmissibility of the reference for a preliminary ruling
Case C-400/21 Anatecor
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Interpretation of national law – National insolvency proceedings – Possibility for the insolvency judge to verify his or her substantive jurisdiction and the claim – Purely internal dispute – Lack of connection with EU law – Clear lack of jurisdiction of the Court
Case C-361/20 P YG v Commission
Appeal – Civil service – Official – Promotion – 2017 promotion procedure – Decision not to promote the appellant – Article 45(1) of the Staff Regulations of Officials of the European Union – Comparison of the merits – Principle of equal treatment – Duty to state reasons
Case C-599/21 P AM.VI. and Quinam v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170 of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-185/20 P Hungary v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for annulment – EAGF and EAFRD – Expenditure excluded from EU financing – Expenditure incurred by Hungary
Case C-169/21 P Spadafora v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Notice of vacancy – Job of Head of Unit in the European Anti-Fraud Office (OLAF) – New selection procedure after the cancellation of the first appointment – Rejection of application
Case C-518/21 P FT and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials and Agents – Remuneration – European Commission staff assigned to a third country – Update of the correction coefficients applicable to their remuneration – Manifest errors of assessment – Retroactive effect – Recovery of undue payments – Appeal manifestly inadmissible
Case C-557/21 P Acciona v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-28/21 TM v EJ (Loss of earnings following a traffic accident)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Article 3 – Compulsory cover of damage to property – Scope – Legislation of a Member State excluding loss of earnings from cover by compulsory insurance against civil liability in respect of the use of motor vehicles
February 2022
Case C-461/20 Advania Sverige and Kammarkollegiet v Dustin Sverige
Reference for a preliminary ruling – Directive 2014/24/EU – Article 72 – Modification of contracts during their term – Transfer of a framework agreement – New contractor assuming on the insolvency of the initial contractor the rights and obligations attributed to the latter under a framework agreement – Whether need for a new procurement procedure
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
Case C-515/20 B v Finanzamt A
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 122 – Reduced rate for supplies of wood for use as firewood – Differentiation on the basis of the objective characteristics and properties of the goods – Types of wood intended for use as fuel which serve the same consumer need and are in competition with each other – Principle of fiscal neutrality
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-20/21 JW and Others v LOT Polish Airlines
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Second indent of Article 7(1)(b) – Special jurisdiction in matters relating to a contract – Concept of ‘place of performance of the obligation in question’ – Contract for the provision of services – Air transport – Flight consisting of a confirmed single booking and performed in several legs by two separate air carriers – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Article 7 – Right to compensation – Delay on the first leg of the journey – Claim for compensation brought against the air carrier operating that first leg of the journey before the court for the place of arrival of that first flight
Request for a preliminary ruling from the Landgericht Frankfurt am Main
Language of the case: German
Case C-460/21 Vapo Atlantic v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Excise duties – Directive 2008/118/EC – Article 1(2) – Levying, for specific purposes, of other indirect taxes – ‘Specific purposes’ – Definition – Financing of a public undertaking holding the concession contract in respect of the national road network – Objectives of environmental sustainability and reducing accidents – Purely budgetary purpose – Refusal to reimburse a tax based on unjust enrichment – Conditions
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
Case C-35/21 Konservinvest v Bulkons Parvomay
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Quality schemes for agricultural products and foodstuffs – Regulation (EU) No 1151/2012 – Designations of Origin and Geographical indications – Article 9 – Transitional national protection – Geographical indication designating an agricultural product, registered under the legislation of a Member State and protected at national level
Request for a preliminary ruling from the Varhoven kasatsionen sad (Bulgarie)
Language of the case: Bulgarian
Case C-9/20 Grundstücksgemeinschaft Kollaustraße 136 v Finanzamt Hamburg-Oberalster
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Point (b) of the first paragraph of Article 66 – Chargeability of VAT – The time the payment is received – Article 167 – Origin and scope of the right of input VAT deduction – Article 167a – Derogation – Cash accounting Letting and subletting of a property used for industrial or commercial purposes
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C-219/20 LM v Bezirkshauptmannschaft Hartberg-Fürstenfeld (Limitation period)
Reference for a preliminary ruling – Freedom to provide services – Posting of workers – Directive 96/71/EC – Article 3(1)(c) – Terms and conditions of employment – Remuneration – Article 5 – Penalties – Limitation period – Charter of Fundamental Rights of the European Union – Article 41 – Right to good administration – Article 47 – Effective judicial protection
Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark
Language of the case: German
Case C-485/20 XXXX v HR Rail
Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Prohibition of discrimination on the ground of disability – Dismissal of a worker who had become permanently incapable of performing the essential functions of the post – Staff member completing training as part of recruitment – Article 5 – Reasonable accommodation for people with disabilities – Requirement to reassign to another post – Obligation subject to it not being a disproportionate burden for the employer
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
Case C-487/20 Philips Orăştie v Direcţia Generală de Administrare a Marilor Contribuabili
Reference for a preliminary ruling – Harmonisation of fiscal legislation – Common system of value added tax (VAT) – Directive 2006/112/EC – Articles 179 and 183 – Right to deduct VAT – Conditions – Compensation or refund of excess VAT – Additional liabilities – Principle of fiscal neutrality – Principles of equivalence and effectiveness
Request for a preliminary ruling from the Curtea de Apel Alba Iulia
Language of the case: Romanian
Case C-499/20 DIMCO Dimovasili M.I.K.E. v Ypourgos Perivallontos kai Energeias
Reference for a preliminary ruling – Approximation of laws – Directive 97/23/EC – Pressure equipment – CE marking – Placing on the market and putting into service – Restrictions aimed at ensuring the protection of persons – Articles 34 and 36 TFEU – National legislation imposing restrictions on the method of installation of gas pipes
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
Case C-522/20 OE v VY (Habitual residence of a spouse – Nationality criterion)
Reference for a preliminary ruling – Validity – Judicial cooperation in civil matters – Jurisdiction to hear and determine an application for divorce – Article 18 TFEU – Regulation (EC) No 2201/2003 – Fifth and sixth indents of Article 3(1)(a) – Difference between the length of the residence period required for the purposes of determining which court has jurisdiction – Distinction between a resident who is a national of the Member State of the court before which the application is brought and a resident who is not a national of that Member State – No discrimination on grounds of nationality
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-564/20 PF and MF v Minister for Agriculture Food and the Marine and SFPA
Reference for a preliminary ruling – Common fisheries policy – Regulation (EC) No 1224/2009 – Control system – Article 33(2)(a) and Article 34 – Recording of catches and fishing effort – Transmission to the European Commission of information concerning the quantities of nephrops caught – Possibility to use data other than those contained in the fishing logbook – Reasonable and scientifically valid method to process and verify data – Closure of fisheries
Request for a preliminary ruling from the Supreme Court
Language of the case: English
Case C-595/20 UE v ShareWood Switzerland and VF
Reference for a preliminary ruling – Judicial cooperation in civil matters – Law applicable to contractual obligations – Regulation (EC) No 593/2008 (Rome I) – Consumer contracts – Choice of applicable law – Article 6(4)(c) – Exclusion of contracts relating to a right in rem in immovable property or to a tenancy of immovable property – Contract of sale, including a lease agreement and a service agreement, relating to trees planted for the sole purpose of being harvested for profit
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-191/21 Ministre de l’Économie, des Finances et de la Relance v Les Anges d’Eux and Others
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 392 – Margin taxation scheme – Scope – Supply of buildings and building land purchased for the purpose of resale – Taxable person for whom the VAT on the purchase of buildings was not deductible – Resale subject to VAT – Concept of ‘building land’
Request for a preliminary ruling from the Cour administrative d'appel de Lyon
Language of the case: French
Case C-156/21 Hungary v Parliament and Council
Action for annulment – Regulation (EU, Euratom) 2020/2092 – General regime of conditionality for the protection of the Union budget – Protection of the Union budget in the case of breaches of the principles of the rule of law in the Member States – Legal basis – Article 322(1)(a) TFEU – Alleged circumvention of Article 7 TEU and Article 269 TFEU – Alleged infringements of Article 4(1), Article 5(2) and Article 13(2) TEU and of the principles of legal certainty, proportionality and equality of Member States before the Treaties
Language of the case: Hungarian
Case C-157/21 Poland v Parliament and Council
Action for annulment – Regulation (EU, Euratom) 2020/2092 – General regime of conditionality for the protection of the European Union budget – Protection of the Union budget in the case of breaches of the principles of the rule of law in the Member States – Legal basis – Article 322(1)(a) TFEU – Article 311 TFEU – Article 312 TFEU – Alleged circumvention of Article 7 TEU and Article 269 TFEU – Alleged infringements of Article 4(1), Article 5(2) and Article 13(2) TEU, of the second paragraph of Article 296 TFEU, of Protocol (No 2) on the application of the principles of subsidiarity and proportionality and of the principles of conferral, legal certainty, proportionality and equality of the Member States before the Treaties – Alleged misuse of powers
Language of the case: Polish
Case C-160/20 Stichting Rookpreventie Jeugd and Others v Staatssecretaris van Volksgezondheid, Welzijn en Sport
Reference for a preliminary ruling – Directive 2014/40/EU – Manufacture, presentation and sale of tobacco products – Products not complying with the maximum emission levels – Prohibition on placing on the market – Measurement method – Filter cigarettes with small ventilation holes – Measurement of the emissions on the basis of ISO standards – Standards not published in the Official Journal of the European Union – Compliance with the publication requirements laid down in Article 297(1) TFEU read in the light of the principle of legal certainty – Compliance with the principle of transparency
Request for a preliminary ruling from the Rechtbank Rotterdam
Language of the case: Dutch
Case C-300/20 Bund Naturschutz in Bayern v Landkreis Rosenheim
Reference for a preliminary ruling – Environment – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Article 2(a) – Concept of ‘plans and programmes’ – Article 3(2)(a) – Measures prepared for certain sectors and setting a framework for future development consent of projects listed in Annexes I and II to Directive 2011/92/EU – Article 3(4) – Measures setting a framework for future development consent of projects – Landscape conservation regulation adopted by a local authority
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-483/20 XXXX v Commissaire général aux réfugiés et aux apatrides (Family unity – Protection already granted)
Reference for a preliminary ruling – Common policy on asylum – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 33(2)(a) – Inadmissibility of an application for international protection lodged in a Member State by a third-country national who has obtained refugee status in another Member State, where the minor child of that third-country national, who is a beneficiary of subsidiary protection status, resides in the first Member State – Charter of Fundamental Rights of the European Union – Article 7 – Right to respect for family life – Article 24 – Best interests of the child – No infringement of Articles 7 and 24 of the Charter of Fundamental Rights due to the inadmissibility of the application for international protection – Directive 2011/95/EU – Article 23(2) – Obligation on the Member States to ensure the family unity of beneficiaries of international protection is maintained
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-430/21 Proceedings brought by RS (Effect of the decisions of a constitutional court)
Reference for a preliminary ruling – Rule of law – Independence of the judiciary – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Primacy of EU law – Lack of jurisdiction of a national court to examine the conformity with EU law of national legislation found to be constitutional by the constitutional court of the Member State concerned – Disciplinary proceedings
Request for a preliminary ruling from the Curtea de Apel Craiova
Language of the case: Romanian
Joined Cases C-562/21 PPU and C-563/21 PPU X and Y v Openbaar Ministerie (Tribunal established by law in the issuing Member State)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Surrender procedures between Member States – Conditions for execution – Charter of Fundamental Rights of the European Union – Second paragraph of Article 47 – Fundamental right to a fair trial before an independent and impartial tribunal previously established by law – Systemic or generalised deficiencies – Two-step examination – Criteria for application – Obligation of the executing judicial authority to determine, specifically and precisely, whether there are substantial grounds for believing that the person in respect of whom a European arrest warrant has been issued, if surrendered, runs a real risk of breach of his or her fundamental right to a fair trial before an independent and impartial tribunal previously established by law
Requests for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-649/21 P(I) Fastweb v Commission
Appeal – Intervention – Competition – Concentrations – Decision declaring a concentration to be compatible with the internal market and the Agreement on the European Economic Area, subject to compliance with certain commitments – Undertaking operating on the markets concerned by the concentration – Interest in the result of the case – Admission to intervene
Language of the case: English
Joined Cases C-143/20 and C-213/20 A v O and G.W. and E..S. v A. Towarzystwo Ubezpieczeń Życie ('Unit-linked' assurance contracts)
References for a preliminary ruling – Freedom to provide services – Direct life assurance – Unit-linked life assurance contracts – Directive 2002/83/EC – Article 36 – Directive 2002/92/EC – Article 12, paragraph 3 – Pre-contractual information disclosure obligation – Information on the nature of the assets underlying unit-linked assurance contracts – Scope – Extent – Directive 2005/29/EC – Article 7 – Unfair commercial practices – Misleading omissions
Requests for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Woli w Warszawie
Language of the case: Polish
Case C-175/20 SS v Valsts ieņēmumu dienests (Processing of personal data for tax purposes)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 2 – Scope – Article 4 – Concept of ‘processing’ – Article 5 – Principles relating to processing – Purpose limitation – Data minimisation – Article 6 – Lawfulness of processing – Processing necessary for the performance of a task carried out in the public interest by the controller – Processing necessary for compliance with a legal obligation to which the controller is subject – Article 23 – Limitations – Processing of data for tax purposes – Request for the disclosure of information relating to vehicle sale advertisements placed online – Proportionality
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
Case C-226/20 P Eurofer v Commission
Appeal – Dumping – Imports of hot-rolled flat products of iron, non-alloy or other alloy steel originating in Brazil, Iran, Russia, Serbia and Ukraine – Termination of the proceedings against imports originating in Serbia – Determination of injury – Cumulative assessment of the effects of imports from more than one third country – Regulation (EU) 2016/1036 – Article 3(4) – Termination of the proceedings without measures – Article 9(2) – ‘Negligible’ imports – De minimis threshold – European Commission’s discretion
Language of the case: English
Case C-257/20 'Viva Telecom Bulgaria' v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling – Taxation – Withholding tax on notional interest on an interest-free loan granted to a resident subsidiary by a non-resident parent company – Directive 2003/49/EC – Payments of interest between associated companies of different Member States – Article 1(1) – Exemption from withholding tax – Article 4(1)(d) – Exclusion of certain payments – Directive 2011/96/EU – Corporation tax – Article 1(1)(b) – Distribution of profits by a resident subsidiary to its non-resident parent company – Article 5 – Exemption from withholding tax – Directive 2008/7/EC – Raising of capital – Article 3 – Contributions of capital – Article 5(1)(a) – Indirect tax exemption – Articles 63 and 65 TFEU – Free movement of capital – Taxation of the gross amount of notional interest – Recovery procedure for the purposes of the deduction of expenses related to the grant of the loan and a possible refund – Difference in treatment – Justification – Balanced allocation of the power to impose taxes between the Member States – Effective collection of tax – Combating of tax avoidance
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-262/20 VB v Glavna direktsia 'Pozharna bezopasnost i zashtita na naselenieto'
Reference for a preliminary ruling – Social policy – Organisation of working time – Directive 2003/88/EC – Article 8 – Article 12(а) – Articles 20 and 31 of the Charter of Fundamental Rights of the European Union – Reduction of the normal duration of night work in relation to day work – Public-sector workers and private-sector workers – Equal treatment
Request for a preliminary ruling from the Rayonen sad Lukovit
Language of the case: Bulgarian
Case C-283/20 CO and Others v MJ and Others
Reference for a preliminary ruling – Common Foreign and Security Policy (CFSP) – European Union Rule of Law Mission in Kosovo (Eulex Kosovo) – Joint Action 2008/124/CFSP – Article 8(3) and (5), Article 9(3) and Article 10(3) – Status of employer of the mission staff – Article 16(5) – Subrogation
Request for a preliminary ruling from the Tribunal du travail francophone de Bruxelles
Language of the case: French
Case C-290/20 Latvijas Gāze
Reference for a preliminary ruling – Internal market in natural gas – Directive 2009/73/EC – Article 2(3) – Concept of ‘transmission’ – Article 23 – Decision-making powers regarding the connection of storage facilities, liquid natural gas regasification facilities and industrial customers to the transmission system – Article 32(1) – Access to the network for third parties – Possibility of direct connection for final customers to the natural gas transmission system
Request for a preliminary ruling from the Satversmes tiesa
Language of the case: Latvian
Case C-389/20 CJ v TGSS (Domestic worker unemployment)
Reference for a preliminary ruling – Equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1) – Prohibition of any discrimination on grounds of sex – Domestic workers – Protection in respect of unemployment – Exclusion – Particular disadvantage to female workers – Legitimate social policy objectives – Proportionality
Request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo nº 2 de Vigo
Language of the case: Spanish
Case C-451/20 Airhelp v Austrian Airlines (Delay of re-routing flight )
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 3(1) – Scope – Flight with connecting flight departing from and arriving in a third country – Single reservation through a Community air carrier – Stopover in the territory of a Member State – Article 5(1)(c)(iii) and Article 7 – Delayed alternative flight – Taking into account of the actual arrival time for the purposes of compensation
Request for a preliminary ruling from the Landesgericht Korneuburg
Language of the case: German
Case C-452/20 PJ v Agenzia delle dogane e dei monopoli and Ministero dell'Economia e delle Finanze
Reference for a preliminary ruling – Approximation of laws – Directive 2014/40/EU – Article 23(3) – World Health Organisation Framework Convention on Tobacco Control – Prohibition on selling tobacco products to minors – Rules on penalties – Effective, proportionate and dissuasive penalties – Obligation on sellers of tobacco products to verify the buyer’s age when selling those products – Fine – Operation of a tobacconist’s shop – Suspension of trading licence for a period of 15 days – Principle of proportionality – Precautionary principle
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-463/20 Namur-Est Environnement v Région wallonne
Request for a preliminary ruling – Environment – Directive 2011/92/EU – Assessment of the effects of certain projects on the environment – Directive 92/43/EEC – Conservation of natural habitats – Relationship between the assessment and consent procedure referred to in Article 2 of Directive 2011/92/EU and a national procedure for derogation from the species protection measures provided for by Directive 92/43/EEC – Concept of ‘development consent’ – Multi-stage decision-making process – Obligation to conduct an assessment – Material scope – Stage of the procedure at which public participation in the decision-making process must be ensured
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
Case C-532/20 Alstom Transport v Compania Naţională de Căi Ferate CFR and Others
Reference for a preliminary ruling – Directive 92/13/EEC – Procurement procedures of entities operating in the water, energy, transport and telecommunications sectors – Article 1(1) and (3) – Access to review procedures – Article 2c – Time limits for applying for review – Calculation – Review of a decision allowing a tenderer to participate
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-536/20 Tiketa v M. Š. and Baltic Music
Reference for a preliminary ruling – Directive 2011/83/EU – Consumer contracts – Concept of ‘trader’ – Obligation to provide information in respect of distance contracts – Requirement that the necessary information be provided in plain and intelligible language and on a durable medium
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-563/20 ORLEN KolTrans v Prezes Urzędu Transportu Kolejowego
Reference for a preliminary ruling – Rail transport – Directive 2001/14/EC – Article 4 – Setting of infrastructure charges by decision of the manager – Article 30(2) – Railway undertakings’ right to bring an administrative action – Article 30(6) – Judicial review of the decisions of the regulatory body
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
Case C-582/20 SC Cridar Cons v Administraţia Judeţeană a Finanţelor Publice Cluj and Direcţia Generală Regională a Finanţelor Publice Cluj-Napoca
Reference for a preliminary ruling – Common system of value added tax – Directive 2006/112/EC – Articles 167 and 168 – Right to deduction – Refusal – Tax evasion – Evaluation of evidence – Suspension of examination of an administrative complaint relating to a notice of assessment refusing a right to deduction, pending the outcome of criminal proceedings – Procedural autonomy of the Member States – Principle of fiscal neutrality – Right to good administration – Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
Case C-605/20 Suzlon Wind Energy Portugal - Energia Eólica Unipessoal v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Applicability ratione temporis – Supplies subject to VAT – Supplies of services for consideration – Criteria – Intra-group relationship – Supplies consisting in repairing or replacing components of wind turbines under warranty and preparing non-compliance reports – Debit notes issued by the supplier of services with no reference to VAT – Deduction by the supplier of the VAT charged on the goods and services for which it has been invoiced by its subcontractors in respect of those supplies
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Joined Cases C-52/21 and C-53/21 Pharmacie populaire - La Sauvegarde v État belge and Pharma Santé – Réseau Solidaris v Belgian State
Reference for a preliminary ruling – Freedom to provide services – Article 56 TFEU – Restrictions – Tax legislation – Corporation tax – Obligation on purchasers of services to draw up and submit supporting documents to the tax authorities concerning amounts invoiced by service providers established in another Member State – No such obligation regarding purely domestic supplies of services – Justification – Effectiveness of fiscal supervision – Proportionality
Requests for a preliminary ruling from the Cour d'appel de Liège
Language of the case: French
Information (on unpublished decisions)
Case C-322/21 P Macías Chávez and Others v Parliament and Spain
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for failure to act and for damages – Institutional law – European Parliament’s Committee on Petitions – Petition alleging infringement by the Spanish courts of EU law in the field of fundamental rights – Decision to declare the petition closed – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-121/21 Czech Republic v Poland (Turów mine)
Removal from the Register
Case C-672/21 P Eos Products v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-610/21 P Svenska Metallkompaniet v EUIPO
Appeal – EU trade mark – Article 170a(1) of the Rules of Procedure of the Court of Justice – No request that the appeal be allowed to proceed – Appeal inadmissible
Case C-611/21 P Bese v EUIPO
Appeal – EU trade mark – Article 170a(1) of the Rules of Procedure of the Court of Justice – No request that the appeal be allowed to proceed – Appeal inadmissible
Case C-558/17 P-DEP OZ v EIB
Taxation of costs
Case C-550/21 Leonardo v Agenzia delle Entrate - Direzione Regionale del Lazio
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Common system of value added tax – Lack of sufficient information – Manifest inadmissibility
Case C-539/20 P-REV Hochmann Marketing v Commission
Application for revision – Article 159 of the Rules of Procedure of the Court of Justice – Conditions – Manifest inadmissibility
Case C-674/21 P Residencial Palladium v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-679/21 P Sony Interactive Entertainment Europe v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-364/20 P Bernis and Others v SRB
Appeal – Economic and monetary union – Banking union – Recovery and resolution of credit institutions and investment firms – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Regulation (EU) No 806/2014 – Article 18 – Resolution procedure – Declaration by the European Central Bank (ECB) that an entity is failing or is likely to fail – Decision of the Single Resolution Board (SRB) not to adopt a resolution scheme – Lack of public interest – Winding up in accordance with national law – Shareholders – Lack of direct concern – Inadmissibility
Case C-678/21 P Sony Interactive Entertainment Europe v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
March 2022
Case C-275/20 Commission v Council (Agreement with the Republic of Korea)
Action for annulment – Decision (EU) 2020/470 – Extension of the period of entitlement for audiovisual co-productions as provided for in Article 5 of the Protocol on Cultural Cooperation to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part – Procedural legal basis – Article 218(7) TFEU – Applicable procedure and voting rule
Language of the case: English
Case C-162/20 P WV v EEAS
Appeal – Civil service – Officials – Staff Regulations of Officials of the European Union – Article 60, first paragraph – Unauthorised absence – Scope – Deduction from annual leave – Withholding of salary – Official who has failed to fulfil his or her obligations under Articles 21 and 55 of the Staff Regulations
Language of the case: French
Case C-349/20 NB and AB v Secretary of State for the Home Department (Refugee status of a stateless person of Palestinian origin)
Reference for a preliminary ruling – Common policy on asylum and immigration – Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection – Directive 2004/83/EU – Article 12 – Exclusion from being a refugee – Stateless person of Palestinian origin registered with the United Nations Relief and Works Agency (for Palestine Refugees in the Near East) (UNRWA) – Conditions to be entitled ipso facto to the benefits of Directive 2004/83/EC – Cessation of UNRWA’s protection or assistance
Request for a preliminary ruling from the First-tier Tribunal (Immigration and Asylum Chamber)
Language of the case: English
Case C-409/20 UN v Subdelegación del Gobierno en Pontevedra (Fine in the event of illegal stay)
Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/EC – Common standards and procedures in Member States for returning illegally staying third-country nationals – Article 6(1) and Article 8(1) – National legislation providing for the imposition, in the event of illegal stay, of a fine together with an obligation to leave the territory – Possibility of regularising the stay within a prescribed period – Article 7(1) and (2) – Period for voluntary departure
Request for a preliminary ruling from the Juzgado Contencioso Administrativo de Pontevedra
Language of the case: Spanish
Case C-421/20 Acacia v Bayerische Motoren Werke
Reference for a preliminary ruling – Intellectual property – Community designs – Regulation (EC) No 6/2002 – Article 82(5) – Action brought before the courts of the Member State in which an act of infringement has been committed or threatened – Claims supplementary to the action for infringement – Applicable law – Article 88(2) – Article 89(1)(d) – Regulation (EC) No 864/2007 – Law applicable to non-contractual obligations (Rome II) – Article 8(2) – Country in which the intellectual property right was infringed
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-590/20 Presidenza del Consiglio dei Ministri and Others v UK and Others (Trainee specialist doctors)
Reference for a preliminary ruling – Coordination of provisions laid down by law, regulation or administrative action in respect of activities of doctors – Directives 75/363/EEC and 82/76/EEC – Specialist medical training – Appropriate remuneration – Application of Directive 82/76/EEC to training begun before its entry into force and continuing after the date of expiry of the period prescribed for its transposition
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-634/20 Proceedings brought by A (Basic medical training)
Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Scope – Conditions for obtaining authorisation to pursue the profession of doctor independently in the host Member State – Diploma issued in the home Member State – Right to pursue the profession of doctor limited to a period of three years – Supervision of a licensed doctor and concomitant completion of three years of special training in general medical practice – Articles 45 and 49 TFEU
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-551/21 Commission v Council
Intervention – Article 40 of the Statute of the Court of Justice of the European Union – Application by the High Representative of the Union for Foreign Affairs and Security Policy – Interest in the result of the case – Allowed
Language of the case: English
Case C-213/19 Commission v United Kingdom (Action to counter undervaluation fraud)
Failure of a Member State to fulfil obligations – Article 4(3) TEU – Article 310(6) and Article 325 TFEU – Own resources – Customs duties – Value added tax (VAT) – Protection of the financial interests of the European Union – Combating fraud – Principle of effectiveness – Obligation for Member States to make own resources available to the European Commission – Financial liability of Member States in the event of losses of own resources – Imports of textiles and footwear from China – Large-scale and systematic fraud – Organised crime – Missing importers – Customs value – Undervaluation – Taxable amount for VAT purposes – Lack of systematic customs controls based on risk analysis and carried out prior to the release of the goods concerned – No systematic provision of security – Method used to estimate the amount of traditional own resources losses in respect of imports presenting a significant risk of undervaluation – Statistical method based on the average price determined at EU level – Whether permissible
Language of the case: English
Case C-205/20 NE v Bezirkshauptmannschaft Hartberg-Fürstenfeld (Direct effect)
Reference for a preliminary ruling – Freedom to provide services – Posting of workers – Directive 2014/67/EU – Article 20 – Penalties – Proportionality – Direct effect – Principle of the primacy of EU law
Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark
Language of the case: German
Joined Cases C-167/19 P and C-171/19 P Commission v Freistaat Bayern and Others
Appeal – State aid – Aid in favour of the German dairy sector – Financing of milk quality tests – Article 108(2) TFUE – Decision to initiate the formal investigation procedure – Regulation (EC) No 659/1999 – Article 6(1) – Obligation for the European Commission to summarise the relevant issues of fact and law in that decision – Scope – Rights of interested parties to be involved in the administrative procedure – Breach of an essential procedural requirement – Consequences for the lawfulness of the final decision
Language of the case: German
Case C-177/20 'Grossmania' Mezőgazdasági Termelő és Szolgáltató v Vas Megyei Kormányhivatal
Reference for a preliminary ruling – Principles of EU law – Primacy – Direct effect – Sincere cooperation – Article 4(3) TEU – Article 63 TFEU – Obligations on a Member State as a result of a preliminary ruling – Interpretation of a provision of EU law given by the Court in a preliminary ruling – Obligation to give full effect to EU law – Obligation for a national court to disapply national legislation which is contrary to EU law as interpreted by the Court – Administrative decision which became final in the absence of a challenge before the courts – Principles of equivalence and effectiveness – Liability of the Member State
Request for a preliminary ruling from the Győri Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
Case C-247/20 VI v Commissioners for Her Majesty's Revenue and Customs (Comprehensive sickness insurance cover)
Reference for a preliminary ruling – Right to move and reside freely within the territory of the Member States – Article 21 TFEU – Directive 2004/38/EC – Article 7(1)(b) and Article 16 – Child who is a national of a Member State residing in another Member State – Right of residence derived from the parent who is the primary carer of that child – Requirement of comprehensive sickness insurance cover – Child having a permanent right of residence for part of the periods concerned
Request for a preliminary ruling from the Appeal Tribunal (Northern Ireland)
Language of the case: English
Case C-498/20 ZK v BMA Braunschweigische Maschinenbauanstalt
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Article 7(2) – Jurisdiction in matters relating to tort, delict or quasi-delict – Claim made by a liquidator against a third party in the interests of creditors – Place where the harmful event occurred – Article 8(2) – Application to intervene by a defendant of collective interests – Regulation (EC) No 864/2007 – Scope – General rule
Request for a preliminary ruling from the Rechtbank Midden-Nederland
Language of the case: Dutch
Case C-519/20 Proceedings brought by K
Reference for a preliminary ruling – Immigration policy – Directive 2008/115/CE – Detention for the purpose of removal – Article 16(1) – Direct effect – Specialised detention facility – Concept – Detention in prison accommodation – Conditions – Article 18 – Emergency situation – Concept – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial review
Request for a preliminary ruling from the Amtsgericht Hannover
Language of the case: German
Case C-183/21 Maxxus Group v Globus Holding
Reference for a preliminary ruling – Approximation of laws – Trade marks – Directive (EU) 2015/2436 – Article 19 – Genuine use of a trade mark – Burden of proof – Application to revoke for non-use – National procedural rule obliging the applicant to carry out market research concerning use of the mark
Request for a preliminary ruling from the Landgericht Saarbrücken
Language of the case: German
Case C-302/20 A v Autorité des marchés financiers
Reference for a preliminary ruling – Single Market for financial services – Market abuse – Directives 2003/6/EC and 2003/124/EC – ‘Inside information’ – Concept – Information ‘of a precise nature’ – Information relating to the forthcoming publication of a press article reporting a market rumour about an issuer of financial instruments – Unlawfulness of the disclosure of inside information – Exceptions – Regulation (EU) No 596/2014 – Article 10 – Disclosure of inside information in the normal exercise of a profession – Article 21 – Disclosure of inside information for the purpose of journalism – Freedom of the press and freedom of expression – Disclosure by a journalist, to a usual source, of information relating to the forthcoming publication of a press article
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
Case C-545/19 AllianzGI-Fonds AEVN v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Taxation of dividends paid to undertakings for collective investment (UCIs) – Resident and non-resident UCIs – Difference in treatment – Withholding tax imposed solely on dividends paid to non-resident UCIs – Comparability of the situations – Assessment – Account to be taken of the tax regime applicable to shareholders or unitholders in UCIs and of whether resident undertakings are subject to other taxes – None
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
Case C-232/20 NP v Daimler, Mercedes-Benz Werk Berlin
Reference for a preliminary ruling – Social policy – Directive 2008/104/EC – Temporary agency work – Article 1(1) – ‘Temporarily’ assigned – Concept – Occupation of a permanent job – Article 5(5) – Successive assignments – Article 10 – Penalties – Article 11 – Derogation by the social partners from the maximum period set by the national legislature
Request for a preliminary ruling from the Landesarbeitsgericht Berlin-Brandenburg
Language of the case: German
Case C-508/19 M.F. v J.M. (Disciplinary Chamber of the Supreme Court - Appointment)
Reference for a preliminary ruling – Article 267 TFEU – Interpretation sought by the referring court necessary to enable it to give judgment – Concept – Disciplinary proceedings brought against a judge of an ordinary court – Designation of the disciplinary court having jurisdiction to hear those proceedings by the President of the Disciplinary Chamber of the Sąd Najwyższy (Supreme Court, Poland) – Civil action for a declaration that a service relationship does not exist between the President of that disciplinary chamber and the Supreme Court – Lack of jurisdiction of the referring court to review the validity of the appointment of a Supreme Court judge and inadmissibility of such an action under national law – Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-117/20 bpost v Autorité belge de la concurrence
Reference for a preliminary ruling – Competition – Postal services – Tariff system adopted by a universal service provider – Fine imposed by a national postal regulator – Fine imposed by a national competition authority – Charter of Fundamental Rights of the European Union – Article 50 – Non bis in idem principle – Existence of the same offence – Article 52(1) – Limitations to the non bis in idem principle – Duplication of proceedings and penalties – Conditions – Pursuit of an objective of general interest – Proportionality
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
Case C-151/20 Bundeswettbewerbsbehörde v Nordzucker and Others
Reference for a preliminary ruling – Competition – Article 101 TFEU – Cartel prosecuted by two national competition authorities – Charter of Fundamental Rights of the European Union – Article 50 – Non bis in idem principle – Existence of the same offence – Article 52(1) – Limitations to the non bis in idem principle – Conditions – Pursuit of an objective of general interest – Proportionality
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Joined Cases C-529/18 P and C-531/18 P PJ and PC v EUIPO
Appeal – Principles of EU law – Article 19 of the Statute of the Court of Justice of the European Union – Representation of the parties in direct actions before the Courts of the European Union – Lawyer representing the applicant as a third party – Requirement of independence – Lawyer working as an associate in a law firm – Article 47 of the Charter of Fundamental Rights of the European Union
Language of the case: German
Case C-245/20 X and Z v Autoriteit Persoonsgegevens
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Competence of the supervisory authority – Article 55(3) – Processing operations of courts acting in their judicial capacity – Concept – Making available to a journalist of documents arising from court proceedings containing personal data
Request for a preliminary ruling from the Rechtbank Midden-Nederland
Language of the case: Dutch
Case C-433/20 Austro-Mechana v Strato
Reference for a preliminary ruling – Harmonisation of certain aspects of copyright and related rights in the information society – Directive 2001/29/EC – Article 2 – Reproduction – Article 5(2)(b) – Private copying exception – Concept of ‘any medium’ – Servers owned by third parties made available to natural persons for private use – Fair compensation – National legislation that does not make the providers of cloud computing services subject to the private copying levy
Request for a preliminary ruling from the Oberlandesgericht Wien
Language of the case: German
Case C-533/20 Somogy Megyei Kormányhivatal v Upfield Hungary
Reference for a preliminary ruling – Consumer protection – Regulation (EU) No 1169/2011 – Provision of food information to consumers – Labelling – Mandatory particulars – List of ingredients – Specific name of those ingredients – Addition of a vitamin to a food – Obligation to indicate the specific name of that vitamin – No obligation to indicate the vitamin formulation used
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-697/20 W.G. v Dyrektor Izby Skarbowej w L. (Loss of flat-rate farmer status)
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 9 – Taxable person – Articles 295 and 296 – Flat-rate scheme for farmers – Spouses engaged in an agricultural activity using property forming part of the marital community of property – Possibility for those spouses to be regarded as separate taxable persons for VAT purposes – Choice on the part of one of the spouses to give up flat-rate farmer status and to bring her activity under the normal VAT arrangements – Loss of flat-rate farmer status for the other spouse
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-711/20 TanQuid Polska v Generální ředitelství cel
Reference for a preliminary ruling – Excise duties – Directive 92/12/EC – Article 4 – Movement of products under excise duty suspension – Conditions – Articles 6 and 20 – Release of products for consumption – Falsification of the accompanying administrative document – Offence or irregularity committed in the course of the movement of products subject to excise duty under a duty suspension arrangement – Irregular departure of products from a suspension arrangement – Consignee unaware of the movement – Fraud committed by a third party – Article 13(a) and Article 15(3) – Compulsory guarantee to cover movement – Scope
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-723/20 Galapagos BidCo. v DE and Others
Reference for a preliminary ruling – Regulation (EU) 2015/848 – Insolvency proceedings – Article 3(1) – International jurisdiction – Moving of the centre of a debtor’s main interests to another Member State after a request to open main insolvency proceedings has been lodged
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-726/20 CT and Ferme de la Sarte v Région wallonne
Reference for a preliminary ruling – Common agricultural policy (CAP) – European Agricultural Fund for Rural Development (EAFRD) funding – Regulation (EU) No 1305/2013 – Article 17(1)(b) – Investment support concerning the processing, marketing and/or development of agricultural products covered by Annex I to the TFEU – Concept of ‘agricultural products’ – Concept of ‘live trees’ and ‘other plants; bulbs, roots and the like; cut flowers and ornamental foliage’ – Turf rolls for the fitting-out of green roofs
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-130/21 P Wagenknecht v Commission
Appeal – Protection of the European Union’s financial interests – Combating fraud – Multiannual Financial Framework – Alleged conflict of interest of the Prime Minister of the Czech Republic – Request to prevent the latter from meeting with the College of European Commissioners – Request to stop direct payments in the EU budget in favour of certain agri-food groups – Action for failure to act – Alleged failure to act by the European Commission – Composition of the General Court of the European Union – Alleged lack of impartiality – Application inadmissible – Definition of position – Locus standi – Interest in bringing proceedings
Language of the case: English
Case C-132/20 BN and Others v Getin Noble Bank
Reference for a preliminary ruling – Admissibility – Article 267 TFEU – Concept of court – Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Rule of law – Effective judicial protection – Principle of judicial independence – Tribunal previously established by law – Judicial body, a member of which was appointed for the first time to the position of judge by a political body within the executive branch of an undemocratic regime – Way in which the Krajowa Rada Sądownictwa (National Council of the Judiciary, Poland) operates – Unconstitutionality of the law on the basis of which that council was composed – Possibility of regarding that body as an impartial and independent court or tribunal within the meaning of EU law
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-139/20 Commission v Poland (Taxation of energy products)
Failure of a Member State to fulfil obligations – Taxation of energy products used by energy-intensive businesses – Directive 2003/96/EC – Article 17(1)(b) and (4) – Businesses covered by the EU Emissions Trading System – Exemption from excise duty
Language of the case: Polish
Case C-472/20 Lombard Pénzügyi és Lízing v PN
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms – Credit agreements – Loan denominated in a foreign currency repayable in national currency – Contractual term placing the exchange rate risk on the consumer – Unfairness of a term relating to the main subject matter of the agreement – Effects – Invalidity of the agreement – Serious harm to the consumer – Effectiveness of Directive 93/13 – Non-binding opinion of the highest court – Possibility of restoring the parties to the situation they would have been in if that agreement had not been concluded
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-96/21 DM v CTS Eventim
Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Right of withdrawal for distance and off-premises contracts – Exceptions to the right of withdrawal – Article 16(l) – Provision of services related to leisure activities – Contract providing for a specific date or period of performance – Provision of ticket agency services – Intermediary acting in its name but on behalf of the organiser of a leisure activity – Risk associated with the exercise of the right of withdrawal
Request for a preliminary ruling from the Amtsgericht Bremen
Language of the case: German
Case C-195/21 LB v Smetna palata na Republika Bulgaria
Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Applicability to a purely internal situation – Article 58(1) and (4) – Selection criteria – Technical and professional ability of the tenderers – Protection of the financial interests of the European Union – Council Regulation (EC, Euratom) No 2988/95 – Article 8(3) – Control measures – Possibility for national authorities protecting the financial interests of the European Union to assess differently a public procurement procedure
Request for a preliminary ruling from the Rayonen sad Lukovit
Language of the case: Bulgarian
Case C-231/21 IA v Bundesamt für Fremdenwesen und Asyl (Committal of an asylum seeker to a psychiatric hospital)
Reference for a preliminary ruling – Area of freedom, security and justice – Dublin system – Regulation (EU) No 604/2013 – Article 29(2) – Transfer of the asylum seeker to the Member State responsible for examining the application for international protection – Six-month time limit for transfer – Possibility of extending that time limit up to a maximum of one year in the event of imprisonment – Definition of ‘imprisonment’ – Court-authorised non-voluntary committal of the asylum seeker to a hospital psychiatric department
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Information (on unpublished decisions)
Joined Cases C-306/19, C-512/19, C-595/19 and C-608/20 to C-610/20 Milis Energy and Others v Presidenza del Consiglio dei Ministri and Others
References for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Environment – Charter of Fundamental Rights of the European Union – Articles 16 and 17 – Principles of legal certainty and protection of legitimate expectations – Energy Charter Treaty – Article 10 – Applicability – Directive 2009/28/EC – Article 3(3)(a) – Promotion of the use of energy from renewable sources – Production of electricity from solar photovoltaic installations – Amendment of an aid scheme
Case C-239/21 P Fryč v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – State aid – Block exemption regulations – Printing sector – Aid programme granted by the Czech authorities in favour of certain undertakings – Commission decision approving that programme – Action for annulment dismissed on the ground that it was out of time – Action for damages – Damage allegedly caused by acts of the Commission and the Court of Justice – Application for legal aid – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-493/21 Criminal proceedings against K.M. (Sanctions imposed on the master of a vessel - II)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Common fisheries policy – Regulation (EC) No 1224/2009 – Control system for ensuring compliance with the rules of the common fisheries policy – Article 89 – Measures to ensure compliance – Article 90 – Criminal sanctions – Principle of proportionality – Interpretation of the judgment of 11 February 2021, K. M. (Sanctions imposed on the master of a vessel) (C‑77/20, EU:C:2021:112)
Case C-526/21 P Vervloet and Vervloet-Mulder v AREB
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Requirement of clarity and precision of the pleas in law – Manifest inadmissibility
Case C-171/20 P WV v EEAS
Appeal – Civil Service – Request for assistance – Claim for damages – Staff Regulations of Officials of the European Union – Article 24, paragraphs 1 and 2 – Article 90(1) and (2) – Review of an administrative measure which has become final
Case C-172/20 P WV v EEAS
Appeal – Civil service – Request for assistance – Staff Regulations of Officials of the European Union – Article 90(1) and (2) – Date on which the request was made – Implied decision refusing the request – Complaint – Submission – Time period – Excusable error
Case C-663/20 P SRB v Hypo Vorarlberg Bank
Appeal – Article 182 of the Rules of Procedure of the Court – Banking union – Single Resolution Mechanism (SRM) – Single Resolution Fund (SRF) – Calculation of the 2017 ex ante contributions – Authentication of a decision of the Single Resolution Board (SRB) – Obligation to state reasons – Confidential data
Case C-664/20 P SRB v Portigon and Commission
Appeal – Article 182 of the Rules of Procedure of the Court – Banking union – Single Resolution Mechanism (SRM) – Single Resolution Fund (SRF) – Calculation of the 2017 ex ante contributions – Authentication of a decision of the Single Resolution Board (SRB) – Obligation to state reasons – Confidential data
Case C-60/21 Commission v Belgium (Deduction of maintenance payments)
Failure of a Member State to fulfil obligations – Article 45 TFEU – Article 28 of the Agreement on the European Economic Area – Free movement of workers – Direct taxation – Income tax – Deductions – Maintenance annuities – Equal treatment – Discrimination between resident and non-resident taxpayers
Case C-816/21 P Novais v Portugal
Appeal – Law governing the institutions – Article 265 TFEU – Action for failure to act brought against a national court – General Court clearly lacking jurisdiction – Appeal manifestly unfounded
Case C-85/21 WY v Steiermärkische Landesregierung (Loss of nationality before accession of the Member State to the Union)
Case C-503/21 P Krátky v Parliament and Others
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Consumer protection – Consumer contracts – Mortgage loan indexed to a foreign currency – Alleged failure by the European Parliament, the Council of the European Union and the European Commission to adopt the measures referred to in Article 169(2)(b) TFEU – Actions for damages – Causal link – None – Appeal manifestly unfounded
Case C-454/20 Criminal proceedings against AZ
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Transport – Directive 1999/37/EC – Registration documents for vehicles – Directive 2014/45/EU – Periodic roadworthiness tests for motor vehicles – Article 49 of the Charter of Fundamental Rights of the European Union – Principles of legality and proportionality of criminal offences and penalties – Driving a motor vehicle which is not duly registered – Penalties – No implementation of EU law – Clear lack of jurisdiction of the Court
Case C-730/21 P Collibra v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-82/20 BNP Paribas Personal Finance v AN and CN
Case C-288/20 BNP Paribas Personal Finance v ZD
Case C-656/20 P Hermann Albers v Commission
Case C-666/20 P GVN v Commission
Appeal – State aid – Concept of ‘aid’ – Public passenger transport – Compensating the costs related to the performance of public service obligations – Transfer of financial resources between public authorities – Obligation for the municipal transport authorities to determine reduced tariffs for students and apprentices – No advantage granted by the State to an undertaking – Concept of ‘undertaking’
Case C-125/21 Commission v Ireland (Transposition of Framework Decision 2008/909/JHA)
Action for failure to fulfil obligations – Judicial cooperation in criminal matters – Mutual recognition of judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union – Framework Decision 2008/909/JHA – Failure to adopt the measures necessary to comply with the framework decision – Failure to notify to the European Commission
Case C-126/21 Commission v Ireland (Transposition of Framework Decision 2009/829)
Action for failure to fulfil obligations – Judicial cooperation in criminal matters – Mutual recognition of decisions on supervision measures as an alternative to provisional detention – Framework Decision 2009/829/JHA – Failure to adopt the measures necessary to comply with the framework decision – Failure to notify to the European Commission
Case C-609/21 Criminal proceedings against IP and Others
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Article 4(3) TEU – Article 267 TFEU – Charter of Fundamental Rights of the European Union – Article 47, second paragraph – Article 94 of the Rules of Procedure of the Court of Justice – Content of a request for a preliminary ruling – National rule providing for the national criminal court to decline jurisdiction on the basis that it expressed a view on the facts of the case in the request for a preliminary ruling on pain of annulment of the decision to be given on the merits of the case – Article 18 TFEU – Article 21(2) of the Charter – Article 23 of the Statute of the Court of Justice of the European Union – Requirement for national courts to inform their own Member State of any request for a preliminary ruling submitted to the Court
Case C-659/21 Orbest v CS and Others
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Article 5(3) – Exemption from the obligation to pay compensation – Concept of ‘extraordinary circumstances’ – Aircraft’s technical failure caused by the collision of a catering vehicle owned by a third party with that aircraft while the latter was parked at the airport
Case C-703/21 P(R) Girardi v EUIPO
Appeal – Interim measures – Representation – No capacity to act as a representative before the European Union Intellectual Property Office (EUIPO) – Urgency – Serious and irreparable damage – No need to adjudicate
Case C-687/20 Commission v Portugal (Environmental noise)
Failure of a Member State to fulfil obligations – Environment – Directive 2002/49/EC – Assessment and management of environmental noise – Agglomerations, major roads and major railways – Article 7(2) – Strategic noise maps – Article 8(2) – Action plans – Article 10(2) – Annex VI – Information provided by the strategic noise maps – Summaries of action plans – Failure to communicate to the European Commission within the periods prescribed
Case C-305/21 P Barata v Parliament
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Article 45a of the Staff Regulations of Officials of the European Union – Certification procedure – 2017 promotion exercise – Exclusion from the final list of officials entitled to take part in the training programme – Notice of competition – Obligation to include a list of annexes with the application form – Non-compliance – Rejection of the application – Principle of sound administration – Proportionality – Regulation No 1 – Rules on languages
Case C-743/21 P Marina Yachting Brand Management v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-744/21 P Henry Cotton's Brand Management v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-761/21 P St. Hippolyt v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-762/21 P St. Hippolyt v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
April 2022
Case C-140/20 G.D. v Commissioner of the Garda Síochána and Others
Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Confidentiality of the communications – Providers of electronic communications services – General and indiscriminate retention of traffic and location data – Access to data – Subsequent court supervision – Directive 2002/58/EC – Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 11 and Article 52(1) – Possibility for a national court to restrict the temporal effect of a declaration of the invalidity of national legislation that is incompatible with EU law – Excluded
Request for a preliminary ruling from the Supreme Court
Language of the case: English
Case C-161/20 Commission v Council (International Maritime Organisation)
Action for annulment – Council decision, contained in the act of the Permanent Representatives Committee (Coreper) of 5 February 2020, endorsing the submission to the International Maritime Organisation (IMO) concerning the introduction of life cycle guidelines to estimate well-to-tank greenhouse gas emissions of sustainable alternative fuels – Article 17(1) TEU – External representation of the European Union – Transmission of that submission to the IMO by the Member State holding the Presidency of the Council, on behalf of the Member States and the Commission
Language of the case: English
Case C-116/20 Avio Lucos v APIA – Centrul judeţean Dolj and APIA – Aparat Central
Reference for a preliminary ruling – Agriculture – Common agricultural policy – Direct support schemes – Common rules – Single area payment scheme – Regulation (EC) No 73/2009 – Article 2(c) – Concept of ‘agricultural activity’ – Article 35 – Regulation (EC) No 1122/2009 – National legislation requiring the production of a legal document establishing the right to use the agricultural parcel made available to the farmer under a concession contract and making the validity of such a contract conditional on the future concessionaire having the status of breeder or owner of animals – Concessionaire of an area of pastureland who has concluded a cooperation contract with animal breeders – Res judicata
Request for a preliminary ruling from the Curtea de Apel Timişoara
Language of the case: Romanian
Case C-176/20 Avio Lucos v APIA – Centrul judeţean Dolj and APIA – Aparat Central
Reference for a preliminary ruling – Agriculture – Common agricultural policy – Direct support schemes – Common rules – Single area payment scheme – Regulation (EU) No 1307/2013 – Article 4(1)(a) and (c) and Article 4(2)(b) – National legislation making direct support conditional on the farmer keeping his own animals – Article 9(1) – Concept of ‘active farmer’ – Regulation (EU) No 1306/2013 – Article 60 – Circumvention clause – Concept of ‘artificially created conditions’
Request for a preliminary ruling from the Curtea de Apel Alba Iulia
Language of the case: Romanian
Case C-228/20 I v Finanzamt H (VAT exemption for hospital services)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(b) – Exemptions for certain activities in the public interest – Exemption for hospital and medical care – Private hospital – Duly recognised establishment – Comparable social conditions
Request for a preliminary ruling from the Niedersächsisches Finanzgericht
Language of the case: German
Case C-236/20 PG v Ministero della Giustizia and Others (Status of Italian magistrates)
Reference for a preliminary ruling – Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 2 and 4 – Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Clause 4 – Principle of non-discrimination – Equal treatment in employment and occupation – Magistrates and ordinary judges – Clause 5 – Measures intended to penalise improper use of fixed-term contracts – Directive 2003/88/EC – Article 7 – Paid annual leave
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Emilia Romagna
Language of the case: Italian
Case C-333/20 Berlin Chemie A. Menarini v Administraţia Fiscală pentru Contribuabili Mijlocii Bucureşti
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 44 – Place of supply of services – Implementing Regulation (EU) No 282/2011 – Article 11(1) – Provision of services – Point of reference for tax purposes – Concept of a ‘fixed establishment’ – Company from one Member State affiliated to a company located in another Member State – Suitable structure in terms of human and technical resources – Ability to receive and use the services for the fixed establishment’s own needs – Marketing, regulatory, advertising and representation services provided by a related company to the recipient company
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-342/20 A v Veronsaajien oikeudenvalvontayksikkö (Exemption of contractual investment funds)
Reference for a preliminary ruling – Taxation – Articles 63 and 65 TFEU – Free movement of capital – Restrictions – Tax on the income of legal persons – Exemption for investment funds – Conditions for exemption – Condition relating to the fund being in contractual form
Request for a preliminary ruling from the Helsingin hallinto-oikeus
Language of the case: Finnish
Case C-385/20 EL and TP v Caixabank
Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Principle of effectiveness – Principle of equivalence – Judicial proceedings seeking a declaration that a contractual term is unfair – National court’s power of review of its own motion – National proceedings for taxation of costs – Costs recoverable in respect of lawyers’ fees
Request for a preliminary ruling from the Juzgado de Primera Instancia n° 49 de Barcelona
Language of the case: Spanish
Case C-429/20 P Solar Ileias Bompaina v Commission
Appeal – State aid – Market for electricity generated from renewable energy sources – National legislation which allegedly has the effect of conferring an unlawful advantage on electricity suppliers – Complaint to the European Commission – Rejection decision without initiating the formal investigation procedure – Action for annulment – Regulation (EU) 2015/1589 – Article 1(h) – Concept of ‘interested party’ – Inadmissibility
Language of the case: English
Joined Cases C-447/20 and C-448/20 IFAP v LM and Others
Reference for a preliminary ruling – Regulation (EC, Euratom) No 2988/95 – Own resources of the European Union – Protection of the European Union’s financial interests – Proceedings relating to irregularities – Article 4 – Adoption of administrative measures – Article 3(1) – Limitation period for proceedings – Expiry – Whether it may be relied on in the context of the enforced recovery procedure – Article 3(2) – Period for implementation – Applicability – Starting point of the limitation period – Interruption and suspension – Discretion of the Member States
Requests for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-489/20 UB v Kauno teritorinė muitinė
Reference for a preliminary ruling – Union Customs Code – Extinguishment of the customs debt – Goods unlawfully introduced into the customs territory of the European Union – Seizure and confiscation – Directive 2008/118/EC – Excise duties – Directive 2006/112/EC – Value added tax – Chargeable event – Chargeability
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-561/20 Q and Others v United Airlines
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Connecting flight consisting of two flight legs – Significant delay to final destination caused in the second leg of that flight linking two airports in a third country – Validity of that regulation under international law
Request for a preliminary ruling from the Nederlandstalige Ondernemingsrechtbank Brussel
Language of the case: Dutch
Case C-568/20 J v H Limited
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Scope – Article 2(a) – Concept of ‘judgment’ – Order for payment made in another Member State after a summary contested examination of a judgment given in a third State – Article 39 – Enforceability in Member States
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-645/20 V A and Z A v TP (Subsidiary jurisdiction in matters of succession)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 650/2012 – Article 10 – Subsidiary jurisdiction in matters of succession – Deceased person habitually resident at the time of his or her death in a State that is not bound by Regulation (EU) No 650/2012 – Deceased person who is a national of a Member State and has assets in that Member State – Obligation for the court of that Member State seised to examine of its own motion the criteria as regards its subsidiary jurisdiction – Appointment of an administrator of the estate
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-668/20 Y GmbH v Hauptzollamt (Vanilla oleoresin)
Reference for a preliminary ruling – Common Customs Tariff – Combined Nomenclature – Classification of goods – Headings 1302, 3301 and 3302 – Extracted vanilla oleoresin – Excise duties – Directive 92/83/EEC – Exemptions – Article 27(1)(e) – Definition of ‘flavour’ – Directive 92/12/EEC – Excise Committee of the European Commission – Powers
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Joined Cases C-102/21 and C-103/21 KW and SG v Autonome Provinz Bozen
Reference for a preliminary ruling – Aid granted by Member States – Aid scheme for the construction of mini-hydroelectric power plants – Alpine and mountain huts without connection to an electricity grid – Authorisation by the European Commission – Expiry
Requests for a preliminary ruling from the Verwaltungsgericht, Autonome Sektion für die Provinz Bozen
Language of the case: German
Case C-150/21 D. B. (Court having jurisdiction in criminal matters)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Mutual recognition – Framework Decision 2005/214/JHA – Enforcement of financial penalties – Article 1(a)(ii) – Decision imposing a financial penalty issued by an administrative authority – Decision open to appeal to a public prosecutor, subject to instructions from the Minister for Justice – Subsequent appeal before a court having jurisdiction in particular in criminal matters
Request for a preliminary ruling from the Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi
Language of the case: Polish
Case C-249/21 Fuhrmann-2 v B.
Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Article 8(2) – Distance contracts concluded by electronic means – Information requirements for the trader – Activation of a button or a similar function in order to place the order with an obligation to pay – Unambiguous formulation corresponding to the words ‘order with obligation to pay’ – Taking account only of the words on the button or similar function for the purposes of assessing the ‘corresponding’ nature of such a formulation
Request for a preliminary ruling from the Amtsgericht Bottrop
Language of the case: German
Case C-801/21 P EUIPO v Indo European Foods
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal allowed to proceed
Language of the case: English
Case C-401/19 Poland v Parliament and Council
Action for annulment – Directive (EU) 2019/790 – Article 17(4), point (b), and point (c), in fine – Article 11 and Article 17(2) of the Charter of Fundamental Rights of the European Union – Freedom of expression and information – Protection of intellectual property – Obligations imposed on online content-sharing service providers – Prior automatic review (filtering) of content uploaded by users
Language of the case: Polish
Case C-368/20 NW v Landespolizeidirektion Steiermark (Maximum duration of internal border control)
Reference for a preliminary ruling – Area of freedom, security and justice – Free movement of persons – Regulation (EU) 2016/399 – Schengen Borders Code – Article 25(4) – Temporary reintroduction of border control at internal borders for a maximum total duration of six months – National legislation providing for a number of successive periods of border control resulting in that duration being exceeded – Non-compliance of such legislation with Article 25(4) of the Schengen Borders Code where the successive periods are based on the same threat or threats – National legislation requiring, on pain of a penalty, a passport or identity card to be presented when the internal border control is carried out – Non-compliance of such an obligation with Article 25(4) of the Schengen Borders Code when the border control itself is contrary to that provision
Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark
Language of the case: German
Case C-674/20 Airbnb Ireland v Région de Bruxelles-Capitale
Reference for a preliminary ruling – Internal market – Article 114(2) TFEU – Exclusion of fiscal provisions – Directive 2000/31/EC – Information society services – Electronic commerce – Online property rental platform – Article 1(5)(a) – Exclusion of the field of taxation – Definition – Regional legislation concerning a tax on tourist accommodation establishments – Provision requiring intermediaries to provide, on a written request, certain particulars concerning the operation of those establishments to the tax authority with the aim of identifying persons liable for that tax – Article 56 TFEU – No discrimination – No restriction
Request for a preliminary ruling from the Cour constitutionnelle
Language of the case: French
Case C-666/19 P Changmao Biochemical Engineering v Commission
Appeal – Dumping – Imports of aspartame originating in the People’s Republic of China – Regulations No 1225/2009 and 2016/1036 – Temporal scope – Article 2(7) – Market economy treatment – Denied – Article 2(10) – Adjustments – Burden of proof – Article 3 – Determination of injury – Duty of care of the European Commission
Language of the case: English
Case C-79/20 P Yieh United Steel v Commission
Appeal – Dumping – Implementing Regulation (EU) 2015/1429 – Imports of stainless steel cold-rolled flat products originating in the People’s Republic of China and Taiwan – Definitive anti-dumping duty – Regulation (EC) No 1225/2009 – Article 2 – Calculation of the normal value – Calculation of the production cost – Production losses – Refusal to deduct the value of recycled scrap – Determination of the normal value on the basis of sales of the like product intended for domestic consumption – Exclusion from the basis of calculation used to determine the normal value of sales on the domestic market of the exporting country where those sales concern products intended for export
Language of the case: English
Case C-86/20 Vinařství U Kapličky v Státní zemědělská a potravinářská inspekce
Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Wine – Regulation (EU) No 1308/2013 – Rules concerning marketing – Article 80 – Oenological practices – Prohibition on marketing – Article 90 – Imports of wine – Regulation (EC) No 555/2008 – Article 43 – V I 1 document – Certificate of production of consignments of wine in accordance with recommended or authorised oenological practices – Probative value – Regulation (EU) No 1306/2013 – Article 89(4) – Penalties – Marketing of wine from a third country – Wine having undergone unauthorised oenological practices – Exoneration from liability – Burden of proof
Request for a preliminary ruling from the Krajský soud v Brně
Language of the case: Czech
Case C-237/20 Federatie Nederlandse Vakbeweging v Heiploeg Seafood International and Heitrans International (Pre-pack procedure)
Reference for a preliminary ruling – Directive 2001/23/EC – Articles 3 to 5 – Transfers of undertakings – Safeguarding of employees’ rights – Exceptions – Insolvency proceedings – ‘Pre-pack’ – Survival of an undertaking – Transfer of (part of) an undertaking following a declaration of insolvency preceded by a pre-pack
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-319/20 Meta Platforms Ireland v Bundesverband der Verbraucherzentralen und Verbraucherverbände
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 80 – Representation of the data subjects by a not-for-profit association – Representative action brought by a consumer protection association in the absence of a mandate and independently of the infringement of specific rights of a data subject – Action based on the prohibition of unfair commercial practices, the infringement of a consumer protection law or the prohibition of the use of invalid general terms and conditions
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Joined Cases C-415/20, C-419/20 and C-427/20 Gräfendorfer Geflügel- und Tiefkühlfeinkost Produktions and Others v Hauptzollamt Hamburg and Hauptzollamt Kiel
Reference for a preliminary ruling – Customs union – Rights to the repayment or to the payment of sums of money levied or refused by a Member State in breach of EU law – Anti-dumping duties, import duties, export refunds and financial penalties – Concept of ‘breach of EU law’ – Misinterpretation or misapplication of EU law – Finding of a breach of EU law by a Court of the European Union or by a national court – Right to the payment of interest – Period covered by that payment of interest
Requests for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C-510/20 Commission v Bulgaria (Updating of marine strategies)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Environment – Directive 2008/56/EC – Marine environmental policy – Article 5 – Marine strategies – Article 17(2) and (3) – Failure to review, within the time limits, the initial assessment, the determination of good environmental status and the environmental targets – Failure to send to the European Commission, within the time limits, details of any updates made following the reviews
Language of the case: Bulgarian
Case C-531/20 NovaText v Ruprecht-Karls-Universität Heidelberg
Reference for a preliminary ruling – Intellectual property rights – Directive 2004/48/EC – Article 3 – General obligation concerning the measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights – Article 14 – Concept of ‘reasonable and proportionate legal costs’ – Consultation of a patent lawyer – Absence of opportunity for the national court to assess the reasonableness and proportionality of the costs to be borne by the unsuccessful party
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-559/20 Koch Media v FU
Reference for a preliminary ruling – Intellectual property rights – Directive 2004/48/EC – Article 14 – Concepts of ‘legal costs’ and ‘other expenses’ – Warning notice to ensure enforcement of intellectual property rights out of court – Lawyers’ fees – Classification – National provision limiting the amount of those costs recoverable under certain conditions
Request for a preliminary ruling from the Landgericht Saarbrücken
Language of the case: German
Case C-612/20 Happy Education v Direcţia Generală Regională a Finanţelor Publice Cluj-Napoca and Administraţia Judeţeană a Finanţelor Publice Cluj
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(i) – Exemptions for certain activities in the public interest – Exemptions related to children’s or young people’s education, school or university education – Supply of educational services supplementing the school curriculum – Private law body providing those services for commercial purposes
Request for a preliminary ruling from the Tribunalul Cluj
Language of the case: Romanian
Case C-637/20 Skatteverket v DSAB Destination Stockholm
Reference for a preliminary ruling – Directive 2006/112/EC – Common system of value added tax – Article 30a(1) – Concept of ‘voucher’ – Article 30a(3) – Concept of ‘“multi-purpose” voucher’ – Sale of a card entitling the cardholder to a number of tourist services for a limited period
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
Case C-642/20 Caruter v S.R.R. Messina Provincia and Others
Reference for a preliminary ruling – Directive 2014/24/EU – Public procurement – Article 63 – Reliance by a group of economic operators on the capacities of other entities – Possibility for the contracting authority to require certain critical tasks to be performed by a participant in that group – National legislation requiring that the agent must fulfil the majority of the requirements and provide the majority of the services
Request for a preliminary ruling from the Consiglio di Giustizia amministrativa per la Regione siciliana
Language of the case: Italian
Case C-44/21 Phoenix Contact v HARTING Deutschland and Harting Electric
Reference for a preliminary ruling – Intellectual property – Directive 2004/48/EC – Article 9(1) – European patent – Interim measures – Power of national judicial authorities to issue an interlocutory injunction to prevent an imminent infringement of an intellectual property right – National case-law dismissing applications for interim measures where the validity of the patent in question has not been confirmed, at the very least, by a decision given at first instance in opposition or invalidity proceedings – Obligation to interpret national law in conformity with EU law
Request for a preliminary ruling from the Landgericht München I
Language of the case: German
Case C-72/21 PRODEX v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Combined Nomenclature – Tariff headings – Subheading 4418 20 – Scope – Doors and their frames and thresholds – MDF panels and mouldings – First part of general rule 2(a) for the interpretation of the Combined Nomenclature – Incomplete or unfinished article – Definition
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
Case C-86/21 Gerencia Regional de Salud de Castilla y León v Delia
Reference for a preliminary ruling – Freedom of movement for workers – Article 45 TFEU – Regulation (EU) No 492/2011 – Article 7(2) – Equal treatment – National system for recognition of career development of healthcare professionals – Professional experience acquired in the health services of another Member State not taken into consideration – Obstacle
Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León
Language of the case: Spanish
Case C-89/21 Romega v Valstybinė maisto ir veterinarijos tarnyba
Reference for a preliminary ruling – Food law – Regulation (EC) No 2073/2005 – Microbiological criteria for foodstuffs – Article 1 – Annex I – Fresh poultry meat – Checks by the competent national authorities for the presence of the salmonella serotypes listed in point 1.28 of Chapter 1 of that annex – Checks for the presence of other pathogenic microorganisms – Regulation (EC) No 178/2002 – Article 14(8) – Discretion of the national authorities – Scope
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Joined Cases C-160/21 and C-217/21 Nikopolis AD Istrum 2010 and Agro – EKO 2013 v Izpalnitelen direktor na Darzhaven fond 'Zemedelie'
Reference for a preliminary ruling – Common agricultural policy – Direct support schemes – Regulation (EU) No 1306/2013 – Payments to beneficiaries – Article 75 – Time limit for payments – Compliance – None – Tacit refusal of the application for aid
Requests for a preliminary ruling from the Administrativen sad Veliko Tarnovo
Language of the case: Bulgarian
Case C-251/21 Piltenes meži v Lauku atbalsta dienests
Reference for a preliminary ruling – European Agricultural Fund for Rural Development (EAFRD) – Regulation (EU) No 1305/2013 – Support for rural development by the EAFRD – Article 30 – Natura 2000 payments – Scope – Application for aid in respect of a micro-reserve created in a forest that is not part of the Natura 2000 network, with the purpose of protecting a species of wild bird – Regulation (EU) No 702/2014 – Block exemption for certain types of aid to the agriculture and forestry sectors – Application to aid co-financed by means of EU resources – No application to undertakings in difficulty
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
Case C-277/21 SeGEC and Others v Institut des Comptes nationaux (ICN) and Banque nationale de Belgique
Reference for a preliminary ruling – Regulation (EU) No 549/2013 – European system of national and regional accounts in the European Union – Annex A, paragraph 20.15 – Control exercised by an institute of national accounts over the organising authorities of educational establishments constituted in the form of non-profit institutions – Educational establishments receiving public financing and enjoying freedom of education guaranteed by the Constitution – Annex A, paragraph 20.15, second sentence – Concept of ‘public intervention in the form of general regulations applicable to all units working in the same activity’ – Scope – Annex A, paragraph 20.15, first sentence – Annex A, paragraph 2.39(b), paragraph 20.15(b), and paragraph 20.309(h) – Concept of ‘excessive regulation’ – Scope
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-804/21 PPU C and CD v Syyttäjä (Legal obstacles to the execution of a decision on surrender)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 23(3) – Requirement of intervention on the part of the executing judicial authority – Article 6(2) – Police services – Not included – Force majeure – Concept – Legal obstacles to surrender – Legal actions brought by the requested person – Application for international protection – Not included – Article 23(5) – Expiry of the time limits provided for surrender – Consequences – Release – Obligation to adopt any other measures necessary to prevent absconding
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Information (on unpublished decisions)
Case C-784/21 P Kappes v Sedus Stoll and EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170 of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-785/21 P Kappes v Sedus Stoll and EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-19/22 P Sanford v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-521/20 J.P. v B.d.S.L.
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Directive 1999/62/EC – Charging of heavy goods vehicles for the use of certain infrastructures – Tolls – Non-payment – Penalties – Charter of Fundamental Rights of the European Union – Article 50 – Ne bis in idem principle – Article 94(c) of the Rules of Procedure – Lack of sufficient information – No link between the interpretation of EU law that is sought and the actual facts of the main action or its purpose – Manifest inadmissibility
Case C-133/21 VP and Others v Elliniko Dimosio (School cleaning staff)
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Successive fixed-term contracts in the public sector – National legislation establishing a difference in treatment as regards remuneration between workers employed under fixed-term contracts for the supply of services and those employed under contracts of indefinite duration – No justification – Concept of ‘objective reasons’
Case C-395/17 INT Commission v Netherlands
Application for interpretation – Manifest inadmissibility
Case C-508/20 RM v Landespolizeidirektion Steiermark (Slot machines II)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Freedom to provide services – Article 56 TFEU – Games of chance – Provision of prohibited lotteries – Penalties – Proportionality – Minimal fines – Overlapping – Lack of a cap – Alternative custodial sentence – Proportional contribution to procedural costs – Charter of Fundamental Rights of the European Union – Article 49(3)
Case C-654/20 Criminal proceedings against Apelativna prokuratura
Case C-464/21 QL v Universitat de Barcelona
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Successive fixed-term contracts in the public sector – Clause 2 and Clause 3(1) – Scope – Concept of ‘fixed-term worker’
Case C-286/21 Commission v France (Limit values – PM10)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and persistent exceedance of the limit values for micro particles (PM10) in certain zones in France – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures
Case C-638/21 Rozhlas a televízia Slovenska v CI
Case C-420/21 P Valvis Holding v Sun Stars & Sons and EUIPO
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – EU trade mark – Appeal brought by a party which was not unsuccessful in its submissions at first instance – Appeal manifestly inadmissible
May 2022
Case C-453/20 CityRail v Správa železnic
Reference for a preliminary ruling – Article 267 TFUE – Concept of ‘court or tribunal’ – Criteria relating to the body’s constitution and function – Exercise of judicial or administrative functions – Directive 2012/34/EU – Articles 55 and 56 – Single national regulatory body for the railway sector – Independent regulatory authority for the sector – Entitlement to act on an ex-officio basis – Power to impose penalties – Decisions that are open to challenge before the courts – Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Úřad pro přístup k dopravní infrastruktuře
Language of the case: Czech
Joined Cases C-451/19 and C-532/19 Subdelegación del Gobierno en Toledo v XU and QP (Residence of a family member –Insufficient resources)
Reference for a preliminary ruling – Article 20 TFEU – Citizenship of the European Union – Union citizen who has never exercised his or her right of free movement – Application for a residence card for his or her family member who is a third-country national – Refusal – Obligation for spouses to live together – Minor child who is a Union citizen – National legislation and practice – Genuine enjoyment of the substance of the rights conferred on EU nationals – Deprivation
Requests for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha
Language of the case: Spanish
Case C-54/20 P Commission v Missir Mamachi di Lusignano
Appeal – Civil service – Non-contractual liability of the European Union based on a failure of an institution to fulfil its duty to ensure the protection of its officials – Delegation of the European Commission in Morocco – Murdered official – Non-material damage suffered by the official’s brother and sister – Remedy – Articles 270, 268 and 340 TFEU – Staff Regulations of Officials of the European Union – Articles 40, 42b, 55a, 73, 90 and 91 – Concept of a ‘person to whom the Staff Regulations apply’ – Statement of reasons
Language of the case: Italian
Case C-83/20 BPC Lux 2 and Others v Banco de Portugal and Others
Reference for a preliminary ruling – Directive 2014/59/EU – Banking union – Recovery and resolution of credit institutions and investment firms – Articles 36, 73 and 74 – Protection of shareholders and creditors – Partial implementation before expiry of the period for transposition – Transposition in stages – Charter of Fundamental Rights of the European Union – Article 17(1) – Right to property
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-265/20 FN v Universiteit Antwerpen and Others
Reference for a preliminary ruling – Social policy – Part-time work – Directive 97/81/EC – Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Clause 4.1 – Principle of non-discrimination – Part-time academic staff – Automatic permanent appointments reserved for academic staff members holding a full-time teaching post – Calculation of the percentage of a full-time workload to which a part-time workload corresponds – No requirements
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
Case C-405/20 EB and Others v BVAEB
Reference for a preliminary ruling – Social policy – Article 157 TFEU – Protocol (No 33) – Equal treatment of men and women in matters of employment and occupation – Directive 2006/54/EC – Article 5(c) and Article 12 – Prohibition of indirect discrimination on grounds of sex – Occupational social security scheme applicable after the date referred to in those provisions – Retirement pensions of civil servants – National legislation providing for an annual adjustment of retirement pensions – Adjustment on a reducing scale depending on the amount of the retirement pension, with no adjustment at all above a certain amount – Justifications
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-410/20 Banco Santander v J.A.C. and M.C.P.R.
Reference for a preliminary ruling – Directive 2014/59/EU – Resolution of credit institutions and investment firms – General principles – Article 34(1) – Bail-in – Effects – Article 53(1) and (3) – Write-down of capital instruments – Article 60(2), first subparagraph, points (b) and (c) – Articles 73 to 75 – Protection of the rights of shareholders and creditors – Directive 2003/71/EC – Prospectus to be published when securities are offered to the public or admitted to trading – Article 6 – Incorrect information in the prospectus – Action for damages brought after a resolution decision – Action for a declaration of nullity of a share purchase contract brought against the universal successor of the credit institution subject to a resolution decision
Request for a preliminary ruling from the Audiencia Provincial de La Coruña
Language of the case: Spanish
Case C-525/20 Association France Nature Environnement v Premier ministre and Ministre de la Transition écologique et solidaire (Temporary impacts on surface water)
Reference for a preliminary ruling – Environment – Directive 2000/60/EC – Framework for European Union action in the field of water policy – Article 4(1)(a) – Environmental objectives relating to surface water – Obligation of the Member States not to authorise a programme or project that may cause a deterioration of the status of a body of surface water – Concept of ‘deterioration’ of the status of a body of surface water – Article 4(6) and (7) – Derogations from the prohibition of deterioration – Conditions – Programme or project having temporary, short-term impacts on the status of a body of surface water which are without lasting consequences
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-567/20 A.H. v Zagrebačka banka
Reference for a preliminary ruling – Consumer protection – Unfair terms – Directive 93/13/EEC – Applicability ratione temporis – Article 10(1) – Loan agreement concluded prior to Member State’s accession to the EU but amended after that date – Article 6 – Reimbursement of benefits improperly obtained by the seller or supplier – National legislation providing for the replacement of unfair terms and reimbursement of the overpayment – Applicability ratione materiae – Article 1(2) – Exclusion of contractual terms which reflect mandatory statutory or regulatory provisions
Request for a preliminary ruling from the Općinski građanski sud u Zagrebu
Language of the case: Croatian
Case C-570/20 Criminal proceedings against BV
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Fraudulent concealment of tax due – Penalties – National legislation which provides for an administrative penalty and a criminal penalty for the same acts – Charter of Fundamental Rights of the European Union – Article 49 – Article 50 – Principle ne bis in idem – Article 52(1) – Limitations to the principle ne bis in idem – Requirement to provide for clear and precise rules – Possibility of taking into account the interpretation of national legislation by national courts – Need to provide for rules ensuring the proportionality of all of the penalties imposed – Penalties of different kinds
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-718/20 P Zhejiang Jiuli Hi-Tech Metals v Commission
Appeal – Dumping – Imports of certain seamless pipes and tubes of stainless steel originating in the People’s Republic of China – Imposition of a definitive anti-dumping duty
Language of the case: English
Case C-101/21 HJ v Ministerstvo práce a sociálních věcí (Concurrent exercise of the duties of administrator and CEO of a company)
Reference for a preliminary ruling – Social policy – Directive 2008/94/EC – Protection of employees in the event of their employer’s insolvency – Article 2(2) – Concept of ‘employee’ – Article 12(a) and (c) – Limitations on the responsibility of the guarantee institutions – Person exercising, on the basis of a contract of employment entered into with a trading company, the functions of a management board member and chief executive officer of that company – Concurrent exercise of functions – National case-law refusing that person the benefit of the guarantees laid down by that directive
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-179/21 absoluts-bikes and more v the-trading-company
Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Article 6(1)(m) – Distance contract between a consumer and a trader – Obligation of the trader to inform the consumer of the existence and the conditions of a manufacturer’s commercial guarantee – Conditions under which such an obligation arises – Content of the information to be provided to the consumer about the manufacturer’s commercial guarantee – Impact of Article 6(2) of Directive 1999/44/EC
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-189/21 R. en R. v Minister van Landbouw, Natuur en Voedselkwaliteit (Agricultural use of an unauthorised product)
Reference for a preliminary ruling – Common agricultural policy (CAP) – Regulation (EU) No 1306/2013 – Annex II – Statutory management requirement 10 – Regulation (EU) No 1107/2009 – Article 55, first paragraph and first sentence of second paragraph – Direct support schemes – Common rules – Reduction or exclusion of support received under the CAP in whole or in part – Non-compliance with the cross-compliance rules – Use of a plant protection product which is not or is no longer authorised in the Member State concerned and, in the latter scenario, the use-by date of which has expired
Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
Case C-218/21 Autoridade Tributária e Aduaneira v DSR – Montagem e Manutenção de Ascensores e Escadas Rolantes
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Rates – Temporary provisions for particular labour-intensive services – Point 2 of Annex IV – Renovation and repairing of private dwellings – Application of a reduced rate of VAT to repair and maintenance services for lifts in residential buildings
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-260/20 P Commission v Hansol Paper
Appeal – Dumping – Implementing Regulation (EU) 2017/763 – Imports of certain lightweight thermal paper originating in the Republic of Korea – Definitive anti-dumping duty – Regulation (EU) 2016/1036 – Articles 6, 16 and 18 – Proof – Information provided other than by responding to an anti-dumping questionnaire – Weighting of sales affecting the dumping calculation – Article 2(1) and (3) – Calculation of the normal value – Hierarchy between the calculation methods – Article 3(2) and (3) – Injury – Calculation of the undercutting margin – Cross-appeal – Article 2(11) – Full degree of dumping – Article 18 – Exemption from responding to an anti-dumping questionnaire – Lack of non-cooperation
Language of the case: English
Case C-377/20 Servizio Elettrico Nazionale and Others v Autorità Garante della Concorrenza e del Mercato and Others
Reference for a preliminary ruling – Competition – Dominant position – Abuse – Article 102 TFEU – Effect of a practice on the well-being of consumers and on the structure of the market – Abusive exclusionary practice – Whether the practice is capable of producing an exclusionary effect – Use of means other than those coming within the scope of competition on the merits – Hypothetical as-efficient competitor unable to replicate the practice – Existence of an anticompetitive intent – Opening up of the market for the sale of electricity to competition – Transfer of commercially sensitive information within a group of undertakings in order to preserve a dominant position inherited from a statutory monopoly – Imputability of a subsidiary’s conduct to the parent company
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-426/20 GD and ES v Luso Temp
Reference for a preliminary ruling – Social policy – Directive 2008/104/EC – Temporary agency work – Article 5(1) – Principle of equal treatment – Article 3(1)(f) – Concept of ‘basic working and employment conditions of temporary agency workers’ – Compensation payable in respect of days of paid annual leave not taken and the corresponding holiday bonus pay in the event of the termination of the employment relationship
Request for a preliminary ruling from the Tribunal Judicial da Comarca de Braga - Juízo do Trabalho de Barcelos
Language of the case: Portuguese
Case C-430/20 P Klein v Commission
Appeal – Article 265 TFEU – Action for failure to act – Directive 93/42/EEC – Medical devices – Article 8(1) and (2) – Safeguard clause procedure – Notification by a Member State of a decision prohibiting the placing on the market of a medical device – Prolonged lack of reaction on the part of the European Commission – Absence of a decision – Admissibility – Locus standi – Out of time – Request for action to be taken within a reasonable time – Principle of good administration – Obligation to state reasons of the General Court of the European Union
Language of the case: German
Case C-505/20 Proceedings brought by RR and JG (Freezing of third-party property)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Freezing and confiscation of instrumentalities and proceeds of crime in the European Union – Directive 2014/42/EU – Article 4 – Confiscation – Article 7 – Freezing – Article 8 – Procedural safeguards – Freezing and confiscation of property belonging to a third party to the criminal proceedings – National law not providing a remedy for third parties during the judicial proceedings and not allowing the return of the property until the end of criminal proceedings
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-556/20 Schneider Electric and Others v Premier ministre and Ministre de l’Economie, des Finances et de la Relance
Reference for a preliminary ruling – Approximation of laws – Directive 90/435/EEC – Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States – Article 4 and Article 7(2) – Prevention of economic double taxation of dividends
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-644/20 W. J. v L. J. and J. J. (Change in the habitual residence of the maintenance creditor)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, applicable law, recognition and enforcement of decisions in matters relating to maintenance obligations – Determination of the applicable law – Hague Protocol on the Law Applicable to Maintenance Obligations – Article 3 – Habitual residence of the creditor – Point in time when habitual residence is to be determined – Wrongful retention of a child
Request for a preliminary ruling from the Sąd Okręgowy w Poznaniu
Language of the case: Polish
Case C-714/20 U.I. v Agenzia delle Dogane e dei monopoli– Ufficio delle dogane di Venezia (Indirect customs representative)
Reference for a preliminary ruling – Customs union – Value added tax (VAT) – Directive 2006/112/EC – Article 201 – Persons liable to pay VAT – Import VAT – Union Customs Code – Regulation (EU) No 952/2013 – Article 77(3) – Joint and several liability of the indirect customs representative and the importing company – Customs duties
Request for a preliminary ruling from the Commissione Tributaria Provinciale di Venezia
Language of the case: Italian
Case C-719/20 Comune di Lerici v Provincia di La Spezia
Reference for a preliminary ruling – Public procurement – Waste management – In-house award – Directive 2014/24/EU – Articles 12 and 72 – Loss of ‘similar control’ conditions as a result of a business combination – Possibility for the successor operator to continue providing the service
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-600/19 MA v Ibercaja Banco
Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Principle of equivalence – Principle of effectiveness – Mortgage enforcement proceedings – Unfairness of the term setting the nominal rate for default interest, and of the advanced repayment term in the loan agreement – Force of res judicata and time-barring – Loss of the possibility of relying on the unfairness of a contractual term before a court – Power of review by the national court of its own motion
Request for a preliminary ruling from the Audiencia Provincial de Zaragoza
Language of the case: Spanish
Joined Cases C-693/19 and C-831/19 SPV Project 1503 and Dobank v YB and Others v YX and ZW
Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Principle of equivalence – Principle of effectiveness – Payment order and attachment proceedings against third parties – Force of res judicata implicitly covering the validity of the terms of an enforceable instrument – Power of the court hearing the enforcement proceedings to examine of its own motion the potential unfairness of a term
Requests for a preliminary ruling from the Tribunale di Milano
Language of the case: Italian
Case C-725/19 IO v Impuls Leasing România
Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Principle of equivalence – Principle of effectiveness – Enforcement proceedings in respect of a leasing contract constituting an enforceable instrument – Objection to enforcement – National legislation not allowing the court hearing that objection to determine whether the terms of an enforceable instrument are unfair – Power of the court hearing the enforcement proceedings to examine of its own motion whether a term is unfair – Existence of an action under ordinary law allowing the review of whether those terms were unfair – Requirement of a security in order to suspend the enforcement proceedings
Request for a preliminary ruling from the Judecătoria Sector 2 Bucureşti
Language of the case: Romanian
Case C-869/19 L v Unicaja Banco
Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Principle of equivalence – Principle of effectiveness – Mortgage agreement – Unfairness of the ‘floor clause’ in the agreement – National rules concerning the judicial appeal procedure – Limitation of the temporal effects of the declaration that an unfair term is void – Restitution – Power of review by the national appeal court of its own motion
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-466/20 HEITEC v HEITECH and RW
Reference for a preliminary ruling – Trade marks – Directive 2008/95/EC – Article 9 – Regulation (EC) No 207/2009 – Articles 54, 110 and 111 – Limitation in consequence of acquiescence – Concept of ‘acquiescence’ – Interruption of the period of limitation in consequence of acquiescence – Sending of a warning letter – Date of interruption of the period of limitation in the event of a court action being initiated – Effects of limitation – Application for damages, the provision of information and destruction of goods
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-569/20 Criminal procedure against IR (Trial of an absconded accused person)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/343 – Article 8 – Right to be present at the trial – Information regarding the holding of the trial – Inability to locate the accused person notwithstanding the reasonable efforts of the competent authorities – Possibility of a trial and a conviction in absentia – Article 9 – Right to a new trial, or to another legal remedy, which allows a fresh determination of the merits of the case
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-33/21 INAIL and INPS v Ryanair
Reference for a preliminary ruling – Migrant workers – Social security – Legislation applicable – Regulation (EEC) No 1408/71 – Article 14(2)(a)(i) and (ii) – Regulation (EC) No 883/2004 – Article 11(5) – Article 13(1)(a) and (b) – Concept of ‘operating base’ – Flight and cabin crew – Workers employed in the territory of two or more Member States – Connecting factors
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-629/21 P(R) Puigdemont i Casamajó and Others v Parliament
Appeal – Interim relief – Institutional law – Members of the European Parliament – Privileges and immunities – Waiver of the parliamentary immunity of a Member of the Parliament – Prima facie case – Impartiality of the rapporteur when examining the request for waiver of parliamentary immunity – Urgency – European arrest warrant – Alert on persons wanted for arrest for surrender purposes – Exercise of the mandate of a Member of the Parliament – Balance of interests
Language of the case: English
Information (on unpublished decisions)
Joined Cases C-221/21 and C-222/21 Správa železnic v České dráhy and Others and České dráhy v Univerzita Pardubice and Others
Case C-627/21 S.H. v Administraţia Judeţeană a Finanţelor Publice Sibiu and Direcţia Generală Regională a Finanţelor Publice Braşov
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Harmonisation of fiscal legislation – Common system of value added tax (VAT) – Directive 2006/112/EC – Deduction of input tax paid in relation to the purchase, building and alteration of immovable property – Ex officio revocation of a taxable person’s identification for VAT purposes – Adjustment of the initial deduction – Reply to the question referred for a preliminary ruling which may be clearly deduced from existing case-law
Case C-1/22 P Castillejo Oriol v Commission
Case C-346/21 ING Luxembourg v VX
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Judicial cooperation in civil and commercial matters – Service of judicial and extrajudicial documents – Regulation (EC) No 1393/2007 – Article 8 – Informing the addressee, by means of the standard form in Annex II to that regulation, of his or her right to refuse to accept a judicial document which is not written in or accompanied by a translation into a language which the addressee understands or into the official language or one of the official languages of the Member State addressed – Failure to use the standard form – Consequences
Case C-65/22 P Inditex v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-573/19 Commission v Italy (Limit values – NO2)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and persistent exceedance of the limit values for nitrogen dioxide (NO2) in certain Italian zones and agglomerations – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures
Case C-730/19 Commission v Bulgaria (Limit values– SO2)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematically and persistently exceeding limit values for sulphur dioxide (SO2) in zone BG 0006 (South-East), Bulgaria – Article 23(1) and Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures
Case C-242/21 P Boshab v Council
Appeal – Common foreign and security policy – Restrictive measures directed against certain persons and entities in view of the situation in the Democratic Republic of the Congo – Regulation (EC) No 1183/2005 – Article 2b and Article 9(2) – Decision 2010/788/CFSP – Article 3(2) and Article 9(2) – Applicant continuing to be included on the lists of persons and entities subject to restrictive measures – Decision (CFSP) 2018/1940 – Implementing Regulation (EU) 2018/1931 – Right to be heard
Case C-300/22 P Govern d'Andorra v EUIPO
Appeal – EU trade mark – Article 170a(1) of the Rules of Procedure of the Court of Justice – No request that the appeal be allowed to proceed – Appeal inadmissible
Case C-724/21 Criminal proceedings against RV (Removal of a child to Romania)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Citizenship of the Union – Article 21 TFEU – Right to move and reside freely in the territory of the Member States – Criminal offence specifically concerning international child abduction – Restriction – Child protection – Proportionality
Case C-692/21 P OH v European Court of Human Rights
Case C-787/21 Estaleiros Navais de Peniche v Município de Aveiro and Others
Request for a preliminary reference – Article 99 of the Rules of Procedure of the Court of Justice – Review procedures in respect of the award of public supply and public works contracts – Directive 89/665/EEC – Article 1(3) – Interest in bringing proceedings – Access to the review procedures – Tenderer excluded by a decision of the contracting authority which has become final, as a result of failing to challenge all the grounds for rejection of its tender – No interest in bringing proceedings
Case C-103/22 P(I) Shanghai Panati v EUIPO
Appeal – Intervention – EU trade mark – Cancellation proceedings – Other party to the proceedings before the Board of Appeal of the European Union Intellectual Property Office (EUIPO) granted leave to participate in the proceedings in the case before the General Court – Time limits – Point from which time starts to run – Unforeseeable circumstances – Rejection
Case C-450/21 UC v Ministero dell'istruzione (Electronic card)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4(1) – Principle of non-discrimination – Concept of ‘employment conditions’ – Allowance to support the in-service training of teachers and to enhance their professional skills
Case C-722/21 Proceedings brought by Frontera Capital
Case C-764/21 P TUIfly v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Access to documents – Documents relating to a procedure for reviewing State aid – Regulation (EC) No 1049/2001 – Article 4(2), in fine – Exceptions to the right of access – Overriding public interest – Concept – Principle of sound administration – Article 41(2)(b) of the Charter of Fundamental Rights of the European Union – Rights of the defence – Specific aims of the procedure for reviewing State aid – Refusal to grant access – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-233/21 P Germann Avocats v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – European Union public contracts – Tendering procedure – Award of contracts – Decision to reject a tender and award the contract to another tenderer – Award criteria – Quality control – Distortion of the facts and evidence – Misuse of powers – Obligation to state reasons – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-783/21 Criminal proceedings against M.M.
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – No dispute before the referring court – Manifest inadmissibility of the request for a preliminary ruling
June 2022
Case C-353/20 Skeyes v Ryanair
Reference for a preliminary ruling – Air transport – Regulation (EC) No 549/2004 – Regulation (EC) No 550/2004 – Air traffic services provider – Decision to close airspace – Exercise of the powers of a public authority – Airspace user – Airlines – Right of appeal against a decision to close airspace – Article 58 TFEU – Freedom to provide services in the field of transport – Articles 16 and 47 of the Charter of Fundamental Rights of the European Union – Freedom to conduct a business – Right to an effective remedy
Request for a preliminary ruling from the Tribunal de l’Entreprise du Hainaut, division de Charleroi
Language of the case: French
Case C-587/20 Ligebehandlingsnævnet v HK/Danmark and HK/Privat
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Prohibition of discrimination on grounds of age – Directive 2000/78/EC – Article 3(1)(a) and (d) – Scope – Post of elected sector convenor of an organisation of workers – Statutes of that organisation under which only members under the age of 60 or 61 on the date of the election are eligible to stand as sector convenor
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-589/20 JR v Austrian Airlines (Exoneration of air carrier from liability)
Reference for a preliminary ruling – Air transport – Montreal Convention – Article 17(1) – Liability of air carriers for death or injury sustained by passengers – Concept of ‘accident’ causing death or injury – Bodily injury suffered during disembarkation – Article 20 – Exoneration of air carrier from liability – Concept of ‘damage suffered caused or contributed to by the negligence or other wrongful act or omission of that injured passenger’ – Fall of passenger not holding on to the handrail of a mobile disembarkation stairway
Request for a preliminary ruling from the Landesgericht Korneuburg
Language of the case: German
Case C-617/20 Proceedings brought by T.N. and N.N. (Declaration concerning the waiver of succession)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Measures relating to the law on succession – Regulation (EU) No 650/2012 – Articles 13 and 28 – Validity of the declaration concerning the waiver of succession – Heir resident in a Member State other than that of the court having jurisdiction to rule on the succession – Declaration made before the court of the Member State in which that heir has his or her habitual residence
Request for a preliminary ruling from the Hanseatisches Oberlandesgericht in Bremen
Language of the case: German
Case C-43/21 FCC Česká republika v Ministerstvo životního prostředí and Others
Reference for a preliminary ruling – Directive 2010/75/EU – Article 3(9) – Integrated pollution prevention and control – Procedure for amending a permit – Participation of the public concerned – Concept of ‘substantial change’ to the installation – Extension of the duration of operation of a landfill
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-112/21 X v Classic Coach Company and Others
Reference for a preliminary ruling – Approximation of laws – Trade marks – Directive 2008/95/EC – Article 5 – Rights conferred by a trade mark – Article 6(2) – Limitation of the effects of the trade mark – Impossibility for the proprietor of a trade mark to prevent a third party from using, in the course of trade, an earlier right applying in a particular locality – Requirements – Concept of ‘earlier right’ – Trade name – Proprietor of a later trade mark with an even earlier right – Relevance
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-122/21 Get Fresh Cosmetics v Valstybinė vartotojų teisių apsaugos tarnyba
Reference for a preliminary ruling – Directive 87/357/EEC – Article 1(2) – Scope – Non-food products that may be confused with foodstuffs – Concept – Risk of suffocation, poisoning, or the perforation or obstruction of the digestive tract – No presumption of danger – Proof
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-196/21 SR v EW (Translation costs in civil proceedings)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Service of judicial and extrajudicial documents – Regulation (EC) No 1393/2007 – Article 5 – Translation of the document – Translation costs borne by the applicant – Concept of ‘applicant’ – Service, by the court before which proceedings have been brought, of judicial documents on interveners in the proceedings
Request for a preliminary ruling from the Tribunalul Ilfov
Language of the case: Romanian
Case C-545/20 R Bulgaria v Parliament and Council
Interim measures – Article 263 TFEU – Action for annulment of an EU act – Article 278 TFEU – Application to suspend operation of that act – Transport – Regulation (EU) 2020/1055 – Obligation for an undertaking to return its vehicles to its Member State of establishment – Urgency – Deterioration of the economic and social situation of a Member State – Damage to the environment
Language of the case: Bulgarian
Case C-547/20 R Romania v Parliament and Council
Interim measures – Article 263 TFEU – Action for annulment of an EU act – Article 278 TFEU – Application to suspend operation of that act – Transport – Regulation (EU) 2020/1055 – Obligation for an undertaking to return its vehicles to its Member State of establishment – Urgency – Deterioration of the economic and social situation of a Member State – Damage to the environment
Language of the case: Romanian
Case C-188/21 Megatherm-Csillaghegy v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Right to deduct VAT – Procedure for exercising that right – Revocation and subsequent restoration of a taxable person’s tax identification number – Forfeiture of the right to deduct VAT in respect of transactions carried out during the period prior to that revocation – Principle of proportionality
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-599/20 Baltic Master v Muitinėsdepartamentas prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling – Customs union – Community Customs Code – Regulation (EEC) No 2913/92 – Article 29 – Determination of the customs value – Transaction value – Article 29(1)(d) – Concept of ‘related persons’ – Article 31 – Account taken of information derived from a national database for the purpose of determining the customs value – Regulation (EEC) No 2454/93 – Article 143(1)(b), (e) and (f) – Situations in which persons are deemed to be related – Article 181a – Doubts based on the veracity of the price declared
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-673/20 EP v Préfet du Gers and INSEE
Reference for a preliminary ruling – Citizenship of the Union – National of the United Kingdom of Great Britain and Northern Ireland residing in a Member State – Article 9 TEU – Articles 20 and 22 TFEU – Right to vote and to stand as a candidate in municipal elections in the Member State of residence. – Article 50 TEU – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Consequences of the withdrawal of a Member State from the Union – Removal from the electoral roll in the Member State of residence – Articles 39 and 40 of the Charter of Fundamental Rights of the European Union – Validity of Decision (EU) 2020/135
Request for a preliminary ruling from the Tribunal judiciaire d’Auch
Language of the case: French
Case C-55/21 Direktor na Agentsia 'Mitnitsi' v IMPERIAL TOBACCO BULGARIA
Request for a preliminary ruling – Taxation – Excise duties – Directive 2008/118/EC – Article 11 – Reimbursement of excise duty on excise goods released for consumption – Directive 2011/64/EU – point (b) of the first paragraph of Article 17 – Reimbursement of excise duty already paid, by means of tax markings, affixed to manufactured tobacco destroyed under administrative supervision – Obligation of Member States to adopt regulations providing for the reimbursement of excise duties on manufactured tobacco released for consumption and destroyed under customs supervision – None
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-187/21 FAWKES v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Regulation (EEC) No 2913/92 – Community Customs Code – Article 30(2)(a) and (b) – Customs value – Determination of the transaction value of similar goods – Database set up and managed by the national customs authority – Databases set up and managed by the customs authorities of other Member States and by the services of the European Union – Identical or similar goods exported to the European Union ‘at or about the same time
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-697/19 P Sony Corporation and Sony Electronics v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Optical disk drives – Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area of 2 May 1992 – Single and continuous infringement – Definition – Collusive agreements relating to procurement events concerning optical disk drives for notebook and desktop computers organised by two computer manufacturers
Language of the case: English
Case C-698/19 P Sony Optiarc and Sony Optiarc America v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Optical disk drives – Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area of 2 May 1992 – Single and continuous infringement – Definition – Collusive agreements relating to procurement events concerning optical disk drives for notebook and desktop computers organised by two computer manufacturers
Language of the case: English
Case C-699/19 P Quanta Storage v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Optical disk drives – Decision finding an infringement of Article 101 TFEU and of Article 53 of the Agreement on the European Economic Area of 2 May 1992 – Single and continuous infringement – Definition – Collusive agreements relating to procurement events concerning optical disk drives for notebook and desktop computers organised by two computer manufacturers
Language of the case: English
Case C-700/19 P Toshiba Samsung Storage Technology and Toshiba Samsung Storage Technology Korea v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Optical disk drives – Decision finding an infringement of Article 101 TFEU and of Article 53 of the Agreement on the European Economic Area of 2 May 1992 – Single and continuous infringement – Definition – Collusive agreements relating to procurement events concerning optical disk drives for notebook and desktop computers organised by two computer manufacturers
Language of the case: English
Case Avis 1/20 Opinion pursuant to Article 218(11) TFEU (Modernised Energy Charter Treaty)
Opinion pursuant to Article 218(11) TFEU – Request for an Opinion – Draft modernised Energy Charter Treaty – Article 26 – Dispute settlement mechanism – Admissibility
Language of the case: French
Case C-328/20 Commission v Austria (Indexation of family benefits)
Failure to fulfil obligations – Coordination of social security systems – Regulation (EC) No 883/2004 – Articles 4, 7 and 67 – Freedom of movement for workers – Regulation (EU) No 492/2011 – Article 7 – Equal treatment – Family benefits – Social and tax advantages – Adjustment of amounts on the basis of price levels in the children’s State of residence
Language of the case: German
Case C-520/20 DB and LY v Nachalnik na Rayonno upravlenie Silistra pri Oblastna direktsia na Ministerstvo na vatreshnite raboti
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Second generation Schengen Information System (SIS II) – Decision 2007/533/JHA – Articles 38 and 39 – Alert on an object sought – Objectives of the alert – Seizure or use as evidence in criminal proceedings – Execution – Measures to be taken and action based on an alert – Surrender of the object seized to the Member State issuing the alert – National legislation not permitting a refusal to execute the alert
Request for a preliminary ruling from the Administrativen sad – Silistra
Language of the case: Bulgarian
Case C-572/20 ACC Silicones v Bundeszentralamt für Steuern
Reference for a preliminary ruling – Free movement of capital – Dividends from ‘free-float’ shares – Reimbursement of tax on income from capital paid by a non-resident company – Conditions – Free movement of capital – Principle of proportionality
Request for a preliminary ruling from the Finanzgericht Köln
Language of the case: German
Case C-577/20 Proceedings brought by A (Psychotherapists)
Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Article 2 – Scope – Article 13(2) – Regulated professions – Right to take up the profession of psychotherapist in a Member State based on a diploma in psychotherapy awarded by a university established in another Member State – Articles 45 and 49 TFEU – Freedom of movement and establishment – Assessment of the equivalence of training – Article 4(3) TEU – Principle of sincere cooperation among Member States – Doubts of the host Member State as to the level of knowledge and qualifications that can be presumed from a diploma awarded in another Member State – Conditions
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-596/20 DuoDecad v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Articles 2, 24 and 43 – Place of supply of services – Technical support services provided to a company established in another Member State – Abuse of rights – Assessment of the facts – Lack of jurisdiction
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Joined Cases C-65/21 P and C-73/21 P to C-75/21 P SGL Carbon and Others v Commission
Appeals – Environment – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of certain substances and mixtures – Regulation (EU) No 944/2013 – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Annulment – Actions for damages
Language of the case: English
Case C-229/21 Port de Bruxelles and Région de Bruxelles-Capitale v Infrabel
Reference for a preliminary ruling – Trans-European transport network – Regulation (EU) No 1315/2013 – Article 15(1) – Inland waterways transport infrastructure – Inland ports – Obligation of a Member State to connect inland ports with road or rail transport infrastructure – Removal of the connection with one of those two types of transport infrastructure – Conditions
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
Case C-376/21 Zamestnik-ministar na regionalnoto v Obshtina Razlog
Reference for a preliminary ruling – Public procurement – Regulation (EU, Euratom) 2018/1046 – Regulation (EU, Euratom) No 966/2012 – Inapplicability to public contracts awarded by Member States and financed by resources from the European Structural and Investment Funds – Directive 2014/24/EU – Direct and unconditional reference to provisions of EU law in national legislation – Applicability to a contract whose estimated value is lower than the threshold set in the directive – Article 32(2)(a) – Option for a contracting authority to invite only one economic operator to participate in a negotiated procedure without prior publication after deeming a prior open procedure unsuccessful – Obligation to maintain the initial conditions of the contract without introducing substantial alterations
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-700/20 London Steam-Ship Owners’ Mutual Insurance Association v Kingdom of Spain
Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 44/2001 – Recognition of a judgment given in another Member State – Grounds for non-recognition – Article 34(3) – Judgment irreconcilable with a judgment given in a dispute between the same parties in the Member State in which recognition is sought – Conditions – Whether the prior judgment entered in the terms of an arbitral award complies with the provisions and fundamental objectives of Regulation (EC) No 44/2001 – Article 34(1) – Recognition manifestly contrary to public policy in the Member State in which recognition is sought – Conditions
Request for a preliminary ruling from the High Court of Justice Business and Property Courts of England and Wales
Language of the case: English
Case C-817/19 Ligue des droits humains v Conseil des ministres
Reference for a preliminary ruling – Processing of personal data – Passenger Name Record (PNR) data – Regulation (EU) 2016/679 – Article 2(2)(d) – Scope – Directive (EU) 2016/681 – Use of PNR data of air passengers of flights operated between the European Union and third countries – Power to include data of air passengers of flights operated within the European Union – Automated processing of those data – Retention period – Fight against terrorist offences and serious crime – Validity – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 21 as well as Article 52(1) – National legislation extending the application of the PNR system to other transport operations within the European Union – Freedom of movement within the European Union – Charter of Fundamental Rights – Article 45
Request for a preliminary ruling from the Cour constitutionnelle
Language of the case: French
Case C-267/20 Volvo and DAF Trucks v RM
Reference for a preliminary ruling – Agreements, decisions and concerted practices – Article 101 TFEU – Directive 2014/104/EU – Articles 10, 17 and 22 – Actions for damages for infringements of the provisions of EU competition law – Limitation period – Rebuttable presumption of harm – Quantification of harm suffered – Late transposition of the directive – Temporal application – Substantive and procedural provisions
Request for a preliminary ruling from the Audiencia Provincial - León
Language of the case: Spanish
Case C-534/20 Leistritz v LH
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Second sentence of Article 38(3) – Data protection officer – Prohibition of the dismissal, by a controller or processor, of a data protection officer or of the imposition, by a controller or processor, of a penalty on him or her for performing his or her tasks – Legal basis – Article 16 TFEU – Requirement of functional independence – National legislation prohibiting the termination of a data protection officer’s employment contract without just cause
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-661/20 Commission v Slovakia (Protection of the capercaillie)
Failure of a Member State to fulfil obligations – Directive 92/43/EEC – Article 6(2) and (3) – Conservation of natural habitats and of wild fauna and flora – Directive 2009/147/EC – Article 4(1) – Conservation of wild birds – Capercaillie (Tetrao urogallus) – Forest management strategies – Emergency felling – Appropriate assessment of their implications – Natura 2000 sites – Special protection areas designated for the conservation of the capercaillie – Absence of measures to prevent the deterioration of habitats and of special conservation measures in certain areas
Language of the case: Slovak
Case C-2/21 Rzecznik Praw Obywatelskich v K.S. and Others
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Citizenship of the Union – Articles 20 and 21 TFEU – Right to move and reside freely within the territory of the Member States – Birth certificate issued by the Member State of birth of the child and designating two mothers in respect of that child – Refusal by the Member State of origin of one of those two mothers to transcribe that birth certificate into the national register of civil status – Transcription of that certificate being a prerequisite for the issuing of identity documents – National legislation of that Member State of origin not recognising the parenthood of persons of the same sex
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Krakowie
Language of the case: Polish
Case C-278/20 Commission v Spain (Breach of EU law by the legislature)
Failure of a Member State to fulfil obligations – Liability of Member States for harm caused to individuals by infringements of EU law – Infringement of EU law attributable to the national legislature – Infringement of the Constitution of a Member State attributable to the national legislature – Principles of equivalence and effectiveness
Language of the case: Spanish
Case C-728/21 OF v IFAP (Action interrupting the limitation period)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Regulation (EC, Euratom) No 2988/95 – Protection of the European Union’s financial interests – Irregularities with regard to EU law – Proceedings – Limitation period – Interruption – Act relating to investigation or legal proceedings concerning an irregularity – Concept – Control report identifying the existence of an irregularity
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-625/20 KM v INSS (Combination of total occupational invalidity pensions)
Reference for a preliminary ruling – Social policy – Equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1) – Indirect discrimination on ground of sex – National legislation providing that two or more total occupational invalidity pensions acquired under the same statutory social security scheme are incompatible – Compatibility of such pensions where they come under different statutory social security schemes – Finding of indirect discrimination on the basis of statistical data – Determination of the affected groups to be compared – Justification
Request for a preliminary ruling from the Juzgado de lo Social de Barcelona
Language of the case: Spanish
Case C-652/20 HW and Others v Allianz Elementar Versicherung
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Jurisdiction in insurance matters – Article 11(1)(b) – Action brought by the policyholder, the insured or a beneficiary – Possibility of suing the insurer in the courts for the place where the claimant is domiciled – Determination of the international and local jurisdiction of a court of a Member State – Article 13(2) – Actions brought by the injured party directly against the insurer – Insurer domiciled in a Member State and having an establishment in another Member State sued in the court within whose jurisdiction that establishment is situated
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
Case C-51/21 Aktsiaselts M.V.WOOL v Põllumajandus- ja Toiduamet
Reference for a preliminary ruling – Food law – Regulation (EC) No 2073/2005 – Microbiological criteria for foodstuffs – Article 3(1) – Obligations of food business operators – Annex I – Point 1.2 of Chapter 1 – Limit values for the presence of Listeria monocytogenes in fish products before and after being placed on the market – Regulation (EC) No 178/2002 – Article 14(8) – Official controls of the product at the stage at which it is placed on the market – Scope
Request for a preliminary ruling from the Tallinna Halduskohus
Language of the case: Estonian
Case C-56/21 ARVI ir ko v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 137 – Optional tax liability scheme – Conditions – National legislation which makes the right of a taxable person to opt to charge VAT on the sale of immovable property conditional on the transfer of that property to a taxable person already registered for VAT purposes – Obligation to adjust VAT deductions where that condition is not satisfied – Principles of fiscal neutrality, of effectiveness and of proportionality
Request for a preliminary ruling from the Mokestinių ginčų komisija prie Lietuvos Respublikos vyriausybės
Language of the case: Lithuanian
Case C-99/21 P Danske Slagtermestre v Commission
Appeal – State aid – Article 107(1) TFEU – Contributions scheme for the collection of waste water – Complaint – Decision finding that there is no State aid – Action for annulment – Admissibility – Locus standi – Fourth paragraph of Article 263 TFEU – Regulatory act not entailing implementing measures – Direct concern
Language of the case: Danish
Case C-105/21 Criminal proceedings against IR (Information on the national arrest decision)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Charter of Fundamental Rights of the European Union – Articles 6 and 47 – Right to freedom of movement and residence – Right to an effective judicial remedy – Principles of equality and mutual trust – Framework Decision 2002/584/JHA – Directive 2012/13/EU – Right to information in criminal proceedings – Letter of Rights on arrest – Right of a person to be informed of the accusation against him or her in relation to a national arrest warrant – Right of access to the materials of the case – Conditions for issuing a European arrest warrant in respect of an accused person who is in the executing Member State – Primacy of EU law
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-146/21 Direcţia Generală Regională a Finanţelor Publice Bucureşti - Administraţia Sector 1 a Finanţelor Publice v VB and DGRFP Bucureşti -Serviciul Soluţionare Contestaţii 1
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Implementing Decisions 2010/583/EU and 2013/676/EU authorising Romania to derogate from Article 193 of that directive – Reverse charge mechanism – Supplies of wood products – National legislation imposing a condition of registration for VAT purposes for the application of that mechanism – Principle of fiscal neutrality
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-170/21 Profi Credit Bulgaria v T.I.T. (Offsetting ex officio in the event of an unfair term)
Reference for a preliminary ruling – Directive 93/13/EEC – Consumer credit – Unfair terms in consumer contracts – Article 6(1) – Ex officio review – Refusal to issue an order for payment in the event of a claim based on an unfair term – Consequences relating to the unfairness of a contractual term – Right to restitution – Principles of equivalence and effectiveness – Offsetting ex officio
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
Case C-192/21 Clemente v Comunidad de Castilla y León
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4(1) – Principle of non-discrimination – Failure to take into account the services provided by an interim civil servant who has become a career civil servant for the purpose of consolidating his or her personal grade – Assimilation of those services to those provided by a career civil servant – Concept of ‘objective grounds’ – Taking into account the period of service for the purpose of acquiring the status of career civil servant – Structure of the vertical progression of career civil servants under national legislation
Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León
Language of the case: Spanish
Case C-72/22 PPU M.A. v Valstybės sienos apsaugos tarnyba
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Asylum and immigration policy – Directive 2011/95/EU – Article 4 – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Articles 6 and 7 – Standards for the reception of applicants for international protection – Article 18 of the Charter of Fundamental Rights of the European Union – Directive 2013/33/EU – Article 8 – Detention of the applicant – Ground for detention – Protection of national security or public order – Detention of the applicant for having entered the territory of the European Union unlawfully
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Information (on unpublished decisions)
Case C-706/21 Petróleos de Portugal – Petrogal v Secretário de Estado dos Assuntos Fiscais
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to set out the legal context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred – Manifest inadmissibility
Case C-299/21 P EM v Parliament
Appeal – Civil service – European Parliament – Member of the temporary staff in the service of a political group – Staff Regulations of Officials of the European Union – Article 7 – Transfer – Article 12 and Article 12a(3) – Concept of ‘psychological harassment’ – Failure to assign tasks – Conditions of Employment of Other Servants of the European Union – Request for assistance – Loss or harm – Compensation
Case C-541/21 P Mélin v Parliament
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Institutional law – Implementing Measures for the Statute for Members of the European Parliament – Article 33(1) and (2) – Parliamentary assistance allowance – Recovery of undue payments – Plea of illegality – Principle of legal certainty – Principle of the protection of legitimate expectations – Assessment of evidence – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-573/21 P Arnautu v Parliament
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Institutional law – Implementing Measures for the Statute for Members of the European Parliament – Article 33(1) and (2) – Parliamentary assistance allowance – Recovery of undue payments – Plea of illegality – Principle of legal certainty – Principle of the protection of legitimate expectations – Assessment of evidence – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-194/22 P Magic Box Int. Toys v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-212/22 P(I) SES Astra v Commission
Appeal – Intervention – Article 40, second paragraph, second sentence, of the Statute of the Court of Justice of the European Union – Dispute between a Member State and an Institution of the European Union – Article 47 of the Charter of Fundamental Rights of the European Union – Dismissal
Case C-603/21 P UPTR v Parliament and Council
Case C-120/22 P Cyprus v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, coherence or development of EU law – Refusal to allow the appeal to proceed
Case C-121/22 P Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, coherence or development of EU law – Refusal to allow the appeal to proceed
Case C-145/22 P Lück v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-152/22 P Legero Schuhfabrik v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-153/22 P Legero Schuhfabrik v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-154/22 P Legero Schuhfabrik v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-3/22 P Equinoccio-Compañía de Comercio Exterior v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Article 263 TFEU – Acts which may be the subject of an action before the EU Courts – Pre-accession assistance – Legal situation forming part of contractual relationships governed by the national law designated by the contracting parties – National public procurement – Letter from the European Commission concerning the enforcement of a bank guarantee requested by the national contracting authority
Case C-63/21 P Camerin v Commission
Appeal – Civil service – Former official – Sums deducted from retirement pension – Enforcement of a decision of a national court – Action for annulment and for damages
Case C-149/21 P Fakro v Commission
Appeal – Competition – Rejection of a complaint by the European Commission – Lack of European Union interest
Case C-14/22 P QC v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Pension – Article 11(2) of Annex VIII to the Staff Regulations of Officials of the European Union – Transfer of pension rights to the EU scheme – Calculation of the pension rights to be transferred – Competence of the national social security authority – Refusal to transfer those rights – Decision of the European Commission fixing the number of years of pensionable service – Power of assessment of the Commission in calculating these rights – None – Action for annulment and for damages – Appeal manifestly unfounded
Case C-150/22 P HG v Commission
Appeal – Article 53(2) of the Rules of Procedure of the Court of Justice – Civil service – Decision of the General Court of the European Union from which no appeal lies – Manifest lack of jurisdiction
July 2022
Case C-576/20 CC v Pensionsversicherungsanstalt (Child-raising periods completed abroad)
Reference for a preliminary ruling – Social security for migrant workers – Regulation (EC) No 987/2009 – Article 44(2) – Scope – Old-age pension – Calculation – Taking into account of child-raising periods completed in other Member States – Article 21 TFEU – Free movement of citizens
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-696/20 B. v Dyrektor Izby Skarbowej w W. (Incorrect classification of chain transactions)
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 41 – Intra-Community acquisition of goods – Place – Chain of successive transactions – Incorrect classification of some of the transactions – Principles of proportionality and fiscal neutrality
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-7/21 LKW WALTER Internationale Transportorganisation v CB and Others
Reference for a preliminary ruling – Judicial cooperation in civil matters – Service of documents – Regulation (EC) No 1393/2007 – Article 8(1) – One-week period within which the right to refuse to accept a document is to be exercised – Enforcement order made in one Member State and served in another Member State in the language of the first Member State only – Legislation of that first Member State laying down an eight-day period to lodge an objection to that order – Period for lodging an objection starting to run at the same time as the period laid down for the purpose of exercising the right to refuse to accept the document – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy
Request for a preliminary ruling from the Bezirksgericht Bleiburg
Language of the case: German
Case C-13/21 Pricoforest v ISCTR
Reference for a preliminary ruling – Road transport – Social legislation – Regulation (EC) No 561/2006 – Exceptions – Article 13(1)(b) – Notion of ‘a radius of up to 100 kilometres (km) from the base of the undertaking’ – Vehicles effecting carriage within and also outside of that radius
Request for a preliminary ruling from the Judecătoria Miercurea Ciuc
Language of the case: Romanian
Case C-24/21 PH v Regione Autonoma Friuli Venezia Giulia and Servizio foreste e corpo forestale della Regione Autonoma Friuli Venezia Giulia (Regional ban on the cultivation of GMOs)
Reference for a preliminary ruling – Agriculture – Genetically modified food and feed – Regulation (EC) No 1829/2003 – Deliberate release into the environment of genetically modified organisms – Directive 2001/18/EC – Article 26a – Possibility for Member States to take appropriate measures to avoid the unintended presence of genetically modified organisms in other products – Conditions of application – Principle of proportionality – Guidelines for the development of national coexistence measures to avoid the unintended presence of genetically modified organisms in conventional and organic crops – Measure adopted by an infra-State body prohibiting on its territory the cultivation of genetically modified maize
Request for a preliminary ruling from the Tribunale ordinario di Pordenone
Language of the case: Italian
Case C-194/21 Staatssecretaris van Financiën v X
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Articles 184 and 185 – Adjustment of deductions – Taxable person who did not exercise their right of deduction before the expiry of a limitation period – No possibility of making that deduction in the context of adjustment
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Joined Cases C-213/21 and C-214/21 Italy Emergenza v Azienda Sanitaria Locale Barletta-Andria-Trani and Azienda Sanitaria Provinciale di Cosenza
Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Scope – Article 10(h) – Specific exclusions for service contracts – Civil defence, civil protection and danger prevention services – Non-profit organisations or associations – Ambulance service classified as an emergency service – Voluntary organisations – Social cooperatives
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Joined Cases C-257/21 and C-258/21 Coca-Cola European Partners Deutschland v L.B. and R.G.
Reference for a preliminary ruling – Social policy – Article 153 TFEU – Protection of workers – Directive 2003/88/EC – Organisation of working time – Night work – Collective agreement which provides for a lower supplementary allowance for regular night work than that established for irregular night work – Equal treatment – Article 20 of the Charter of Fundamental Rights of the European Union – Implementation of Union law for the purposes of Article 51(1) of the Charter of Fundamental Rights
Requests for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-261/21 F. Hoffmann-La Roche and Others v Autorità Garante della Concorrenza e del Mercato
Reference for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Obligation on Member States to provide remedies sufficient to ensure effective legal protection in the fields covered by EU law – Article 267 TFEU – Obligation on the referring court to give full effect to the interpretation of EU law provided by the Court of Justice – Charter of Fundamental Rights of the European Union – Article 47 – Access to an independent and impartial tribunal previously established by law – Judgment of a national court of last instance after a preliminary ruling by the Court – Alleged non-conformity of that judgment with the interpretation of EU law provided by the Court – National legislation preventing the bringing of an action for revision of that judgment
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-264/21 Keskinäinen Vakuutusyhtiö Fennia v Koninklijke Philips
Reference for a preliminary ruling – Directive 85/374/EEC – Liability for defective products – Article 3(1) – Concept of ‘producer’ – Any person who, by putting his name, trade mark or other distinguishing feature on the product, or having authorised those particulars to be put on the product, presents himself as its producer
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Case C-308/21 KU and Others v SATA International – Azores Airlines (Failure of the refuelling system)
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Compensation and assistance to passengers – Cancellation or long delay of flights – Article 5(3) – Exemption from the obligation to pay compensation – Extraordinary circumstances – Generalised failure of the aircraft refuelling system at the airport
Request for a preliminary ruling from the Tribunal Judicial da Comarca dos Açores
Language of the case: Portuguese
Case C-377/21 Ville de Mons and Zone de secours Hainaut - Centre v RM
Reference for a preliminary ruling – Social policy – Directive 97/81/EC – Framework Agreement on part-time work – Clause 4 – Principle of non-discrimination – Principle of pro rata temporis – Taking into account, for the purpose of calculating the remuneration of a full-time professional firefighter, the length of service for remuneration purposes which he has acquired as a volunteer firefighter, in accordance with the principle of pro rata temporis
Request for a preliminary ruling from the Cour du travail de Mons
Language of the case: French
Case C-348/20 P Nord Stream 2 v Parliament and Council
Appeal – Energy – Internal market in natural gas – Directive 2009/73/EC – Directive (EU) 2019/692 – Extension of the application of Directive 2009/73 to gas lines between Member States and third countries – Fourth paragraph of Article 263 TFEU – Action for annulment – Condition that an applicant must be directly concerned by the measure that forms the subject matter of its action – Lack of discretion as to the obligations imposed on the appellant – Condition that an applicant must be individually concerned by the measure that forms the subject matter of its action – Arrangements for the exemptions and derogations excluding the appellant as the sole operator from their benefit – Request that documents be removed from the case file – Rules on the production of evidence before the EU Courts – Documents internal to the European Union institutions
Language of the case: English
Joined Cases C-59/18 and C-182/18 Italy and Comune di Milano v Council (Seat of the European Medicines Agency)
Action for annulment – Law governing the institutions – EU bodies, offices and agencies – European Medicines Agency (EMA) – Competence to determine the location of the seat – Article 341 TFEU – Scope – Decision adopted by the Representatives of the Governments of the Member States in the margins of a Council meeting – Jurisdiction of the Court under Article 263 TFEU – Author and legal nature of the act – Absence of binding effects in the EU legal order
Language of the case: Italian
Joined Cases C-106/19 and C-232/19 Italy and Comune di Milano v Council and Parliament (Seat of the European Medicines Agency)
Action for annulment – Law governing the institutions – Regulation (EU) 2018/1718 – Location of the seat of the European Medicines Agency (EMA) in Amsterdam (Netherlands) – Article 263 TFEU – Admissibility – Interest in bringing proceedings – Locus standi – Direct and individual concern – Decision adopted by the Representatives of the Governments of the Member States in the margins of a Council meeting in order to determine the location of the seat of an EU agency – Absence of binding effects in the EU legal order – Prerogatives of the European Parliament
Language of the case: Italian
Case C-128/20 GSMB Invest v Auto Krainer
Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 715/2007 – Approval of motor vehicles – Article 3(10) – Article 5(1) and (2) – Defeat device – Motor vehicles – Diesel engines – Pollutant emissions – Emission control system – Software installed in the electronic engine controller – Exhaust gas recirculation valve (EGR valve) – Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Prohibition on the use of defeat devices that reduce the effectiveness of emission control systems – Article 5(2)(a) – Exception to that prohibition
Request for a preliminary ruling from the Landesgericht Klagenfurt
Language of the case: German
Case C-134/20 IR v Volkswagen
Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 715/2007 – Approval of motor vehicles – Article 3(10) – Article 5(1) and (2) – Defeat device – Motor vehicles – Diesel engines – Pollutant emissions – Emission control system – Software installed in the electronic engine controller – Exhaust gas recirculation valve (‘EGR valve’) – Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Prohibition on the use of defeat devices that reduce the effectiveness of emission control systems – Article 5(2)(a) – Exception to that prohibition – Directive 1999/44/EC – Sale of consumer goods and associated guarantees – Article 3(2) – Device installed during the repair of a vehicle
Request for a preliminary ruling from the Landesgericht Eisenstadt
Language of the case: German
Case C-145/20 DS v Porsche Inter Auto and Volkswagen
Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 715/2007 – Approval of motor vehicles – Article 5(2) – Defeat device – Motor vehicles – Diesel engines – Emission control system – Software installed in the electronic engine controller – Exhaust gas recirculation valve (‘EGR valve’) – Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Prohibition on the use of defeat devices that reduce the effectiveness of emission control systems – Article 5(2)(a) – Exception to that prohibition – Consumer protection – Directive 1999/44/EC – Sale of consumer goods and associated guarantees – Article 2(2)(d) – Concept of ‘goods which show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods’ – Vehicle covered by an EC type-approval – Article 3(6) – Concept of a ‘minor lack of conformity’
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-159/20 Commission v Denmark (PDO Feta)
Failure of a Member State to fulfil obligations – Regulation (EU) No 1151/2012 – Quality schemes for agricultural products and foodstuffs – Article 13 – Use of the protected designation of origin (PDO) ‘Feta’ to designate cheese produced in Denmark and intended for export to third countries – Article 4(3) TEU – Principle of sincere cooperation
Language of the case: Danish
Case C-436/20 Asociación Estatal de Entidades de Servicios de Atención a Domicilio (ASADE) v Consejería de Igualdad y Políticas Inclusivas
Reference for a preliminary ruling – Articles 49 and 56 TFEU – Purely internal situation – Services in the internal market – Directive 2006/123/EC – Scope – Article 2(2)(j) – Public procurement – Directive 2014/24/EU – Concept of a ‘public contract’ – Articles 74 to 77 – Provision of social services in the form of personal assistance – Contractual action agreements with private, social initiative entities – Exclusion of profit-making operators – Location of the entity as a selection criterion
Request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Valenciana
Language of the case: Spanish
Case C-500/20 ÖBB-Infrastruktur Aktiengesellschaft v Lokomotion Gesellschaft für Schienentraktion
Reference for a preliminary ruling – International agreements – Rail transport – Convention concerning International Carriage by Rail (COTIF) – Uniform Rules concerning the Contract of Use of Infrastructure in International Rail Traffic (CUI) – Article 4 – Mandatory law – Article 8 – Liability of the manager – Article 19 – Other actions – Jurisdiction of the Court – Damage to locomotives belonging to the carrier resulting from a derailment – Lease of replacement locomotives – Obligation on the infrastructure manager to reimburse leasing costs – Contract extending the parties’ liability by a reference to national law
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-36/21 Sense Visuele Communicatie en Handel vof v Minister van Landbouw, Natuur en Voedselkwaliteit
Reference for a preliminary ruling – Common agricultural policy – Regulation (EU) No 1307/2013 – Direct support schemes – Common rules – Article 30(6) and Article 50(2) – Application for payment entitlements from the national reserve for young farmers – National administrative authority which has given incorrect information about the classification of a person as a ‘young farmer’ – Principle of the protection of legitimate expectations – Action seeking reparation for loss or harm based on the failure to comply with the national law principle of legitimate expectations
Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
Case C-110/21 P Universität Bremen v REA
Appeal – Action for annulment – Article 19 of the Statute of the Court of Justice of the European Union – Representation of non-privileged parties in a direct action before the Courts of the European Union – University teacher – University teacher teaching at the university represented in that action and performing duties as coordinator and head of the project that is the subject matter of the dispute – Condition of independence – Existence of a direct and personal interest in the outcome of the dispute
Language of the case: German
Joined Cases C-116/21 P to C-118/21 P and C-138/21 P Commission and Council v VW and Others
Appeal – Civil service – Pension – Staff Regulations of Officials of the European Union – Article 20 of Annex VIII – Grant of a survivor’s pension – Surviving spouse of a former official in receipt of a retirement pension – Marriage entered into after termination of the official’s service – Condition that the marriage must have lasted for at least five years at the date of the official’s death – Article 18 of Annex VIII – Marriage entered into before termination of the official’s service – Condition that the marriage must have lasted for at least one year only – Plea of illegality in respect of Article 20 of Annex VIII – Charter of Fundamental Rights of the European Union – Article 20 – Principle of equal treatment – Article 21(1) – Principle of non-discrimination on the ground of age – Article 52(1) – No arbitrary or manifestly inappropriate differentiation in the light of the objective pursued by the EU legislature
Language of the case: French
Case C-168/21 KL
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – Article 2(4) – Condition of double criminality of the act – Article 4(1) – Ground for optional non-execution of the European arrest warrant – Verification by the executing judicial authority – Acts some of which constitute an offence under the law of the executing Member State – Article 49(3) of the Charter of Fundamental Rights of the European Union – Principle of proportionality of criminal offences and penalties
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-207/21 P Commission v Poland (Protocol No 36)
Appeal – Annulment of Implementing Decision (EU) 2017/1442 – Article 16(4) and (5) TEU – Article 3(2) and (3) of Protocol (No 36) on transitional provisions – Application ratione temporis – Council’s voting rules – Qualified majority
Language of the case: Polish
Joined Cases C-274/21 and C-275/21 EPIC Financial Consulting v Republik Österreich and Bundesbeschaffung
Reference for a preliminary ruling – Public procurement – Regulation (EU) No 1215/2012 – Not applicable to procedures for granting an interlocutory injunction and review procedures as referred to in Article 2 of Directive 89/665/EEC in the absence of an international element – Directive 2014/24/EU – Article 33 – Treatment of a framework agreement as a contract, for the purposes of Article 2a(2) of Directive 89/665 – Not possible to award a new public contract where the quantity and/or maximum value of the works, supplies or services concerned laid down by the framework agreement has or have already been reached – National legislation providing for the payment of fees for access to administrative proceedings in the field of public procurement – Obligations to determine and pay the fees for access to proceedings before the court rules on an application for an interlocutory injunction or an action for review – Non-transparent procedure for the award of a public contract – Principles of effectiveness and equivalence – Effectiveness – Right to an effective remedy – Directive 89/665 – Articles 1, 2 and 2a – Article 47 of the Charter of Fundamental Rights of the European Union – National legislation providing for the dismissal of an action for review where the fees for access to proceedings have not been paid – Determination of the estimated value of a public contract
Requests for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-401/21 P Romania v Commission
Appeal – Cohesion Fund and European Regional Development Fund (ERDF) – Regulation (EU) No 1303/2013 – Co-financing rate applicable – Amendment of the rate between the submission of the final application for an interim payment and the acceptance of the accounts – Principle that accounts relate to a specific year and principle of non-retroactivity
Language of the case: Romanian
Case C-572/21 CC v VO (Transfer of a child's habitual residence to a third country)
Reference for a preliminary ruling – Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility – Parental responsibility – Regulation (EC) No 2201/2003 – Article 8(1) and Article 61(a) – General jurisdiction – Perpetuatio fori principle – Transfer, during the proceedings, of the habitual residence of a child from a Member State of the European Union to a third State that is party to the 1996 Hague Convention
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
Information (on unpublished decisions)
Case C-253/22 P Calrose Rice v EUIPO
Appeal – EU trade mark – Determination as to whether appeals may proceed – Article 170b of the Rules of Procedure of the Court – Request demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-710/20 Criminal proceedings against AM (Revocation of an amnesty)
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court – Charter of Fundamental Rights of the European Union – Field of application – Article 51 – Legislative procedure for the adoption of a resolution relating to the revocation of an amnesty – Judicial procedure for review of the compliance of that resolution with the national Constitution – Failure to implement EU law – Clear lack of jurisdiction of the Court
Case C-187/22 P Laboratorios Ern v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-480/21 W O and J L v Minister for Justice and Equality (Tribunal established by law in the issuing Member State - II)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Surrender procedure between Member States – Conditions for execution – Charter of Fundamental Rights of the European Union – Second paragraph of Article 47 – Fundamental right to a fair trial before an independent and impartial tribunal previously established by law – Systemic or generalised deficiencies – Two-step examination – Criteria for application – Obligation of the executing judicial authority to determine, specifically and precisely, whether there are substantial grounds for believing that the person in respect of whom a European arrest warrant has been issued, if surrendered, runs a real risk of breach of his or her fundamental right to a fair trial before an independent and impartial tribunal previously established by law
Case C-816/21 P-OST Novais v Portuguese Republic
Article 155 of the Rules of Procedure of the Court of Justice – Failure to adjudicate – None
Case C-245/22 P(I) Cipla Europe v EUIPO and Glaxo Group
Appeal – Intervention – EU trade mark – Cancellation proceedings – Leave for other party to the proceedings before the Board of Appeal of the European Union Intellectual Property Office (EUIPO) to participate in the proceedings in the case before the General Court – Time limits – Unforeseeable circumstances – Participation in the oral proceedings – Rejection
Case C-371/21 P SGI Studio Galli Ingegneria v Commission
Appeal – Arbitration clause – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Grant agreement – The MARSOL Project – Eligible costs – European Anti-Fraud Office (OLAF) investigation report finding certain expenses incurred to be ineligible – Repayment of sums paid – Right to access OLAF’s file – Right to be heard – Burden of proof – Distortion of the facts – Probative value – Principle of proportionality – Unjust enrichment
Case C-25/22 CM v Finanzamt Österreich (Family allowances for staff of an international organisation)
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to provide reasons justifying the need for an answer to the questions referred – Lack of sufficient information – Manifest inadmissibility
Case C-247/22 P Ignacio Carrasco v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-165/22 P MO v Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Officials – Psychological harassment – 2019 appraisal exercise – Action for annulment and for damages – Distortion of facts and evidence – No statement of reasons – Burden and administration of proof
Case C-233/22 P Meta Cluster v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-478/22 P(R)-R Telefónica de España v Commission
Interim relief – Articles 278 and 279 TFEU – Appeal – Application for suspension of operation and other interim measures – Public procurement – Article 160(7) of the Rules of Procedure of the Court of Justice
August 2022
Case C-184/20 OT v Vyriausioji tarnybinės etikos komisija
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 2(1) – Directive 9/46/EC – Article 7(c) – Article 8(1) – Regulation (EU) 2016/679 – Point (c) of the first subparagraph of Article 6(1) and the second subparagraph of Article 6(3) – Article 9(1) – Processing necessary for compliance with a legal obligation to which the controller is subject – Objective of public interest – Proportionality – Processing of special categories of personal data – National legislation requiring publication on the internet of data contained in the declarations of private interests of natural persons working in the public service or of heads of associations or establishments receiving public funds – Prevention of conflicts of interest and of corruption in the public sector
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
Case C-184/20 OT v Vyriausioji tarnybinės etikos komisija
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 52(1) – Directive 95/46/EC – Article 7(c) – Article 8(1) – Regulation (EU) 2016/679 – Point (c) of the first subparagraph of Article 6(1) and the second subparagraph of Article 6(3) – Article 9(1) – Processing necessary for compliance with a legal obligation to which the controller is subject – Objective of public interest – Proportionality – Processing of special categories of personal data – National legislation requiring publication on the internet of data contained in the declarations of private interests of natural persons working in the public service or of heads of associations or establishments receiving public funds – Prevention of conflicts of interest and of corruption in the public sector
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
Joined Cases C-273/20 and C-355/20 Bundesrepublik Deutschland v SW and Others (Family reunification with a minor refugee)
Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Right to family reunification – Directive 2003/86/EC – Article 10(3)(a) – Article 16(1)(b) – Concept of ‘minor child’ – Concept of ‘real family relationship’ – Adult applying for family reunification with a minor who has obtained refugee status – Relevant date for assessing status as a minor
Requests for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-279/20 Bundesrepublik Deutschland v XC (Family reunification of a child who has reached the age of majority)
Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Right to family reunification – Directive 2003/86/EC – Article 4(1), first subparagraph, point (c) – Concept of ‘minor child’ – Article 16(1)(b) – Concept of ‘real family relationship’ – Child applying for family reunification with her father who has obtained refugee status – Relevant date for assessing status as a minor
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-332/20 Roma Multiservizi and Rekeep v Roma Capitale and Autorità Garante della Concorrenza e del Mercato
Reference for a preliminary ruling – Public procurement – Concession contracts – Formation of a semi-public company – Award to that company of the management of an ‘integrated school service’ – Appointment of the private partner under a tender procedure – Directive 2014/23/EU – Article 38 – Directive 2014/24/EU – Article 58 – Applicability – ‘In-house’ criteria – Requirement for minimum participation of the private partner in the capital of the semi-public company – Indirect participation of the contracting authority in the capital of the private partner – Selection criteria
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-352/20 HOLD Alapkezelő v Magyar Nemzeti Bank
Reference for a preliminary ruling – Approximation of laws – Directive 2009/65/EC – Undertakings for collective investment in transferable securities (UCITS) – Directive 2011/61/EU – Alternative investment funds – Remuneration policies and practices in respect of the senior managers of a UCITS management company or manager of an alternative investment fund – Dividends distributed to certain senior managers – Concept of ‘remuneration’ – Article 17(1) of the Charter of Fundamental Rights of the European Union – Right to property
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-411/20 S v Familienkasse Niedersachsen-Bremen der Bundesagentur für Arbeit
Reference for a preliminary ruling – Citizenship of the Union – Freedom of movement of persons – Equal treatment – Directive 2004/38/EC – Article 24(1) and (2) – Social security benefits – Regulation (EC) No 883/2004 – Article 4 – Family benefits – Exclusion of nationals of other Member States who are economically inactive during the first three months of residence in the host Member State
Request for a preliminary ruling from the Finanzgericht Bremen
Language of the case: German
Case C-411/20 S v Familienkasse Niedersachsen-Bremen der Bundesagentur für Arbeit
Reference for a preliminary ruling – Citizenship of the Union – Freedom of movement of persons – Equal treatment – Directive 2004/38/EC – Article 24(1) and (2) – Social security benefits – Regulation (EC) No 883/2004 – Article 4 – Family benefits – Exclusion of nationals of other Member States who are economically inactive during the first three months of residence in the host Member State
Request for a preliminary ruling from the Finanzgericht Bremen
Language of the case: German
Case C-501/20 MPA v LCDNMT (Habitual residence – Third State)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – Regulation (EC) No 2201/2003 – Articles 3, 6 to 8 and 14 – Definition of ‘habitual residence’ – Jurisdiction, recognition, enforcement of decisions and cooperation in matters relating to maintenance obligations – Regulation (EC) No 4/2009 – Articles 3 and 7 – Nationals of two different Member States residing in a third State as members of the contract staff working in the EU Delegation to that third State – Determination of jurisdiction – Forum necessitatis
Request for a preliminary ruling from the Audiencia Provincial de Barcelona
Language of the case: Spanish
Case C-588/20 Landkreis Northeim v Daimler (Cartels – Refuse collection trucks)
Reference for a preliminary ruling – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Actions for damages for infringements of the provisions of EU competition law – European Commission decision finding an infringement – Settlement procedure – Products concerned by the infringement – Specialised trucks – Household refuse collection trucks
Request for a preliminary ruling from the Landgericht Hanover
Language of the case: German
Case C-720/20 RO v Bundesrepublik Deutschland (Child of refugees, born outside the host State)
Reference for a preliminary ruling – Common policy on asylum – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Regulation (EU) No 604/2013 (Dublin III) – Application for international protection lodged by a minor in his or her Member State of birth – Parents of that minor who have previously obtained refugee status in another Member State – Article 3(2) – Article 9 – Article 20(3) – Directive 2013/32/EU – Article 33(2)(a) – Admissibility of the application for international protection and responsibility for examining it
Request for a preliminary ruling from the Verwaltungsgericht Cottbus
Language of the case: German
Case C-720/20 RO v Bundesrepublik Deutschland (Child of refugees, born outside the host State)
Reference for a preliminary ruling – Common policy on asylum – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Regulation (EU) No 604/2013 (Dublin III) – Application for international protection lodged by a minor in his or her Member State of birth – Parents of that minor who have previously obtained refugee status in another Member State – Article 3(2) – Article 9 – Article 20(3) – Directive 2013/32/EU – Article 33(2)(a) – Admissibility of the application for international protection and responsibility for examining it
Request for a preliminary ruling from the Verwaltungsgericht Cottbus
Language of the case: German
Joined Cases C-14/21 and C-15/21 Sea Watch v Ministero delle Infrastrutture e dei Trasporti and Others
Reference for a preliminary ruling – Expedited procedure – Lack of effectiveness – Relationship with national proceedings for interim measure
Requests for a preliminary ruling from the Tribunale Amministrativo Regionale per la Sicilia
Language of the case: Italian
Case C-19/21 I and S v Staatssecretaris van Justitie en Veiligheid (Refusal to take charge of an Egyptian unaccompanied minor)
Reference for a preliminary ruling – Regulation (EU) No 604/2013 – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Article 8(2) and Article 27(1) – Unaccompanied minor with a relative legally present in another Member State – Refusal by that Member State of that minor’s take charge request – Right to an effective remedy of that minor or of that relative against the refusal decision – Articles 7, 24 and 47 of the Charter of Fundamental Rights of the European Union – Best interests of the child
Request for a preliminary ruling from the Rechtbank Den Haag zittingsplaats Haarlem
Language of the case: Dutch
Case C-267/21 Uniqa Asigurări v Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Soluţionare a Contestaţiilor and Direcţia Generală de Administrare a Marilor Contribuabili
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 56 – Supply of insurance services – Point of reference for tax purposes – Claims settlement services provided by third-party companies in the name and on behalf of an insurer
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
Case C-294/21 État du Grand-duché de Luxembourg and Administration de l'enregistrement, des domaines et de la TVA v Navitours
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Sixth Council Directive 77/388/EEC – Article 2(1) – Scope – Taxable transactions – Article 9(2)(b) – Place where transport services are supplied – Tourist trips on the Moselle – River subject to condominium status
Request for a preliminary ruling from the Cour de cassation du Grand-Duché de Luxembourg
Language of the case: French
Case C-319/21 Agecontrol v ZR and Lidl Italia
Reference for a preliminary ruling – Agriculture – Common organisation of the markets – Regulation (EC) No 1234/2007 – Packed fresh fruit and vegetables – Commission Implementing Regulation (EU) No 543/2011 – Conformity check – Transport to a point of sale of the same company – Accompanying document – Indication of country of origin
Request for a preliminary ruling from the Corte d'appello di Venezia
Language of the case: Italian
Case C-422/21 Ministero dell'Interno v TO (Withdrawal of material reception conditions)
Reference for a preliminary ruling – Applicants for international protection – Directive 2013/33/EU – Article 20(4) and (5) – Seriously violent behaviour – Member States’ right to determine the sanctions applicable – Scope – Withdrawal of material reception conditions
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-31/22 P(I) Atlas Copco Airpower and Atlas Copco v Commission
Appeal – Intervention – State aid – Aid scheme implemented by the Kingdom of Belgium – Admission of interventions in appeal proceedings against a judgment of the General Court – Annulment of the decision of the General Court – Referral of the case back to the General Court – Decision of the General Court refusing to place on the case file written observations on the judgment effecting that referral lodged by an intervener in the appeal – Implied decision of the General Court refusing to grant an intervener in the appeal the status of intervener before the General Court – Admissibility of the appeal – Status of intervener before the General Court of an intervener in the appeal
Language of the case: English
Case C-32/22 P(I) Anheuser-Busch Inbev and Ampar v Magnetrol International and Commission
Appeal – Intervention – State aid – Aid scheme implemented by the Kingdom of Belgium – Admission of interventions in appeal proceedings against a judgment of the General Court – Annulment of the decision of the General Court – Referral of the case back to the General Court – Decision of the General Court refusing to place on the case file written observations on the judgment effecting that referral lodged by an intervener in the appeal – Implied decision of the General Court refusing to grant an intervener in the appeal the status of intervener before the General Court – Admissibility of the appeal – Status of intervener before the General Court of an intervener in the appeal
Language of the case: English
Case C-242/22 PPU Criminal proceedings against TL
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – Directive 2010/64/EU – Right to interpretation and translation – Article 2(1) and Article 3(1) – Concept of an ‘essential document’ – Directive 2012/13/EU – Right to information in criminal proceedings – Article 3(1)(d) – Scope – Not implemented in domestic law – Direct effect – Charter of Fundamental Rights of the European Union – Article 47 and Article 48(2) – European Convention for the Protection of Human Rights and Fundamental Freedoms – Article 6 – Suspended prison sentence with probation – Breach of the probation conditions – Failure to translate an essential document and absence of an interpreter when that document was being drawn up – Revocation of the suspension of the prison sentence – Failure to translate the procedural acts relating to that revocation – Consequences for the validity of that revocation – Procedural defect resulting in relative nullity
Request for a preliminary ruling from the Tribunal da Relação de Évora
Language of the case: Portuguese
Case C-4/22 P(I) SJM Coordination Center v Magnetrol International and Commission
Appeal – Intervention – State aid – Aid scheme implemented by the Kingdom of Belgium – Application to intervene submitted after the expiry of the six-week time limit provided for in Article 143(1) of the Rules of Procedure of the General Court – Admissibility – Articles 40 and 45 of the Statute of the Court of Justice of the European Union – Article 47 of the Charter of Fundamental Rights of the European Union
Language of the case: English
Information (on unpublished decisions)
Case C-310/21 P Aquind and Aquind Energy v Commission
Appeal – Energy – Regulation (EU) No 347/2013 – Trans-European energy infrastructure – Projects of common interest of the European Union – Article 3(4) and Article 16 – Delegation of power to the European Commission – Article 290 TFEU – Delegated Regulation (EU) 2020/389 – Amendment of the list of projects of common interest of the Union – Act adopted by the Commission – Right of objection of the European Parliament and of the Council of the European Union – Time limit – Nature of the act before the expiry of that period
Case C-310/21 P Aquind and Aquind Energy v Commission
Appeal – Energy – Regulation (EU) No 347/2013 – Trans-European energy infrastructure – Projects of common interest of the European Union – Article 3(4) and Article 16 – Delegation of power to the European Commission – Article 290 TFEU – Delegated Regulation (EU) 2020/389 – Amendment of the list of projects of common interest of the Union – Act adopted by the Commission – Right of objection of the European Parliament and of the Council of the European Union – Time limit – Nature of the act before the expiry of that period
Case C-447/21 P Kerstens v Commission
Appeal – Civil Service – Disciplinary proceedings – Requests for assistance – Rejection – Notification of decisions by electronic means – Action for annulment – Period allowed for commencing proceedings – Point from which time starts to run – Action brought out of time
September 2022
Case C-95/22 Proceedings brought by Delgaz Grid
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Article 82 TFEU – Right to information in criminal proceedings – Right of a person to be informed of the charges brought against him or her – Directive 2012/13/EU – Article 6(1) – Scope – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Challenge to the excessive length of criminal proceedings – National legislation allowing such a challenge to be made only by persons with the status of suspect or accused person – Article 267 TFEU – Article 53(2) of the Rules of Procedure of the Court – Clear lack of jurisdiction
Request for a preliminary ruling from the Judecătoria Târgu Mureş
Language of the case: Romanian
Case C-391/20 Proceedings brought by Cilevičs and Others
Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Restriction – Justification – The organisation of education systems – Institutions of higher education – Obligation to provide courses of study in the official language of the Member State concerned – Article 4(2) TEU – National identity of a Member State – Defence and promotion of the official language of a Member State – Principle of proportionality
Request for a preliminary ruling from the Satversmes tiesa
Language of the case: Latvian
Case C-624/20 E.K. v Staatssecretaris van Justitie en Veiligheid (Nature of the right of residence under Article 20 TFEU)
Reference for a preliminary ruling – Directive 2003/109/EC – Status of third-country nationals who are long-term residents – Scope – Third-country national with a right of residence under Article 20 TFEU – Article 3(2)(e) – Residence solely on temporary grounds – Autonomous concept of EU law
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Amsterdam
Language of the case: Dutch
Case C-614/20 Lux Express Estonia v Majandus- ja Kommunikatsiooniministeerium
Reference for a preliminary ruling – Regulation (EC) No 1370/2007 – Public passenger transport services by rail and by road – Imposition by means of general rules of an obligation to carry certain categories of passenger free of charge – Obligation for the competent authority to grant public service compensation to operators – Calculation method
Request for a preliminary ruling from the Tallinna Halduskohus
Language of the case: Estonian
Case C-659/20 ET v Ministerstvo životního prostředí (Hyacinth macaws)
Reference for a preliminary ruling – Protection of species of wild fauna and flora by regulating trade therein – Regulation (EC) No 338/97 – Article 8(3)(d) – Concept of ‘specimens of animal species that are born and bred in captivity’ – Regulation (EC) No 865/2006 – Article 1(3) – Concept of ‘breeding stock’ – Article 54(2) – Establishment of the breeding stock – Controlled ancestry
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-716/20 RTL Television v Grupo Pestana and SALVOR
Reference for a preliminary ruling – Copyright and related rights – Satellite broadcasting and cable retransmission – Directive 93/83/EEC – Article 1(3) – Concept of ‘cable retransmission’ – Provider of the retransmission not having the status of a cable operator – Simultaneous, unaltered and unabridged distribution of television and radio programmes broadcast by satellite and intended for reception by the public, performed by the operator of a hotel establishment, by means of a satellite dish, a cable and television or radio sets – None
Request for a preliminary ruling from the Supremo Tribunal de Justiça
Language of the case: Portuguese
Joined Cases C-80/21 to C-82/21 E.K. and Others v D.B.P. and Others (Mortgage loans denominated in foreign currency)
Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Articles 6(1) and 7(1) – Mortgage credit agreements – Effects of a finding that a term is unfair – Limitation period – Principle of effectiveness
Requests for a preliminary ruling from the Sąd Rejonowy dla Warszawy - Śródmieścia w Warszawie
Language of the case: Polish
Case C-98/21 Finanzamt R v W (Deduction of VAT linked to a shareholder contribution)
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1), Article 9(1), Article 167 and Article 168(a) – Deduction of input tax – Definition of ‘taxable person’ – Holding company – Expenditure linked to a shareholder contribution in kind to its subsidiaries – No contribution of expenditure to the general costs – Subsidiaries’ activities largely tax-exempt
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-263/21 Ametic v Administración General del Estado and Others
Reference for a preliminary ruling – Copyright and related rights – Directive 2001/29/EC – Article 5(2)(b) – Exclusive reproduction right – Exception – Copies for private use – Levy – Ex ante exemption – Exemption certificate issued by a private law entity controlled solely by copyright management societies – Powers of review of that entity
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-368/21 R.T. v Hauptzollamt Hamburg (Place where VAT is incurred – II)
Reference for a preliminary ruling – Customs union – Union Customs Code – Regulation (EU) No 952/2013 – Regulation (EU) 2015/2446 – Place where the customs debt is incurred – Value added tax (VAT) – Directive 2006/112/EC – Article 30 – Article 60 – Article 71(1) – Chargeable event and place where the import VAT becomes chargeable – Place where the tax liability is incurred – Finding of a failure to comply with an obligation imposed by EU customs legislation – Determination of the place of importation of goods – Means of transport registered in a third country and imported into the European Union in infringement of customs legislation
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C-399/21 IRnova v FLIR Systems
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 24(4) – Exclusive jurisdiction – Jurisdiction over the registration or validity of patents – Scope – Patent application deposited and patent granted in a third State – Status of inventor – Proprietor of the right to an invention
Request for a preliminary ruling from the Svea Hovrätt
Language of the case: Swedish
Case C-45/21 Banka Slovenije
Reference for a preliminary ruling – European System of Central Banks – National Central Bank – Directive 2001/24/EC – Reorganisation and winding up of credit institutions – Compensation for damage resulting from the adoption of reorganisation measures – Article 123 TFEU and Article 21.1 of Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank – Prohibition of monetary financing of Member States in the euro area – Article 130 TFEU and Article 7 of that protocol – Independence – Disclosure of confidential information
Request for a preliminary ruling from the Upravno sodišče Republike Slovenije
Language of the case: Slovenian
Case C-420/20 Criminal proceedings against HN (Trial of an accused person removed from the territory)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Charter of Fundamental Rights of the European Union – Articles 47 and 48 – European Convention for the Protection of Human Rights and Fundamental Freedoms – Article 6 – Directive (EU) 2016/343 – Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings – Article 8 – Right to be present at the trial – Return decision accompanied by an entry ban of five years – Conditions for holding a trial in the absence of the person concerned – Obligation to be present at the trial provided for under national law
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
Case C-669/20 Veridos v Ministar na vatreshnite raboti and Mühlbauer ID Services
Reference for a preliminary ruling – Directive 2009/81/EC – Coordination of procedures for the award of certain works contracts, supply contracts and service contracts – Articles 38 and 49 – Obligation to verify whether an abnormally low tender exists – Criterion laid down by a piece of national legislation for assessing the abnormally low nature of a tender – Not applicable – Requirement that there be at least three tenders – Criterion based on the requirement that a tender be more than 20% lower than the mean value of the tenders submitted by the other tenderers – Judicial review
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-675/20 P Brown v Commission
Appeal – Civil service – Annex VII to the Staff Regulations of Officials of the European Union – Article 4(1)(a) and (b) – EU official who is a national of the United Kingdom of Great Britain and Northern Ireland and who during the 10 years before his entry into service habitually resided within the territory of the State in which he is employed – Withdrawal of the United Kingdom from the European Union – Acquisition by that EU official of the nationality of the State in which he is employed – Withdrawal of the entitlement to receive an expatriation allowance – Action for annulment
Language of the case: English
Case C-705/20 Fossil (Gibraltar) v Commissioner of Income Tax
Reference for a preliminary ruling – State aid – Aid schemes implemented by the Government of Gibraltar concerning corporate income tax – Decision (EU) 2019/700 – Non-taxation of passive interest and royalty income – Decision of the European Commission declaring the aid scheme unlawful and incompatible with the internal market – Recovery obligation – Scope – Domestic provision which was not the subject of the Commission’s investigation concerning the State aid at issue – Set-off of the tax paid abroad in order to prevent double taxation
Request for a preliminary ruling from the Income Tax Tribunal of Gibraltar (Royaume-Uni)
Language of the case: English
Case C-4/21 Fédération des entreprises de la beauté v ANSM
Reference for a preliminary ruling – Approximation of laws – Cosmetic products – Regulation (EC) No 1223/2009 – Article 27 – Safeguard clause – Article 27(1) – Scope – Provisional national safeguard measures – General measure – Application to a category of cosmetic products containing the same substance – Individual measure – Application to an identified cosmetic product – Provisional national measure imposing certain labelling requirements on a category of leave-on products containing phenoxyethanol
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-18/21 Uniqa Versicherungen v VU
Reference for a preliminary ruling – Judicial cooperation in civil matters – European order for payment procedure – Regulation No 1896/2006 – Article 16(2) – 30-day time limit for lodging a statement of opposition to the European order for payment – Article 20 – Review procedure – Article 26 – Application of national law for procedural issues not specifically dealt with in that regulation – COVID-19 pandemic – National legislation which interrupted the procedural periods in civil matters for several weeks
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-22/21 SRS and AA v Minister for Justice and Equality (Third-country national cousin of a Union citizen)
Reference for a preliminary ruling – Directive 2004/38/EC – Right of Union citizens and their family members to move and reside freely within the territory of the Member States – Article 3(2), first subparagraph, point (a) – Concept of ‘other family members who are members of the household of the Union citizen having the primary right of residence’ – Assessment criteria
Request for a preliminary ruling from the Supreme Court
Language of the case: English
Case C-58/21 FK v Rechtsanwaltskammer Wien
Reference for a preliminary ruling – Coordination of social security systems – Regulation (EC) No 883/2004 – Article 13 – Determination of the legislation applicable – Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons – Annex II – Article 1(2) – Person pursuing the profession of lawyer the centre of interest of whose private and professional activities is situated in Switzerland and who also pursues that profession in two other Member States – Application for the award of an early retirement pension – National legislation requiring that the person concerned waive his right to practise the profession in question in the territory of the Member State concerned and abroad
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
Case C-227/21 HA.EN. v Valstybinė mokesčių inspekcija
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Right to deduct input VAT – Sale of an item of immovable property between taxable persons – Vendor subject to insolvency proceedings – National practice under which the purchaser is denied the right of deduction on the ground that he or she knew or should have known of the vendor’s difficulties in paying the output tax – Fraud and abuse of rights – Conditions
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-347/21 Criminal proceedings against DD (Re-examination of a witness)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/343 – Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings – Article 8(1) – Right of an accused person to be present at the trial – Examination of an incriminating witness in the absence of the accused person – Possibility of remedying the infringement of a right at a later stage in the proceedings – Additional examination of the same witness – Directive 2013/48/EU – Right of access to a lawyer in criminal proceedings – Article 3(1) – Examination of an incriminating witness in the absence of the lawyer of the accused person
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-416/21 Landkreis Aichach-Friedberg v J. Sch. Omnibusunternehmen and K. Reisen
Reference for a preliminary ruling – Public procurement procedures – Directive 2014/24/EU – Point (d) of the first subparagraph of Article 57(4) – Optional grounds for exclusion – Agreements with other economic operators aimed at distorting competition – Directive 2014/25/EU – Article 36(1) – Principles of proportionality and equal treatment of tenderers – Article 80(1) – Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU – Tenderers which constitute an economic unit and have submitted separate tenders that were neither autonomous nor independent – Need for sufficiently plausible indications to establish an infringement of Article 101 TFEU
Request for a preliminary ruling from the Bayerisches Oberstes Landesgericht
Language of the case: German
Joined Cases C-793/19 and C-794/19 Bundesrepublik Deutschland v SpaceNet and Telekom Deutschland
Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Confidentiality of communications – Providers of electronic communications services – General and indiscriminate retention of traffic and location data – Directive 2002/58/EC – Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 6, 7, 8 and 11 and Article 52(1) – Article 4(2) TEU
Requests for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Joined Cases C-339/20 and C-397/20 Criminal proceedings against VD and SR
References for a preliminary ruling – Single market for financial services – Market abuse – Insider dealing – Directive 2003/6/EC – Article 12(2)(a) and (d) – Regulation (EU) No 596/2014 – Article 23(2)(g) and (h) – Supervisory and investigatory powers of the Autorité des marchés financiers (AMF) – General interest objective seeking to protect the integrity of financial markets in the European Union and public confidence in financial instruments – Option open to the AMF to require the traffic data records held by an operator providing electronic communications services – Processing of personal data in the electronic communications sector – Directive 2002/58/EC – Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 11 and Article 52(1) – Confidentiality of the communications – Restrictions – Legislation providing for the general and indiscriminate retention of traffic data by operators providing electronic communications services – Option for a national court to restrict the temporal effects of a declaration of invalidity in respect of provisions of national law that are incompatible with EU law – Precluded
Requests for a preliminary ruling from the Cour de cassation
Language of the case: French
Joined Cases C-475/20 to C-482/20 Admiral Gaming Network and Others v Agenzia delle Dogane e dei Monopoli and Others
Reference for a preliminary ruling – Freedom of establishment – Restrictions – Betting and gambling – Licences for the management of games played on gaming machines – National legislation imposing a levy on licence holders – Principle of the protection of legitimate expectations
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Joined Cases C-518/20 and C-727/20 XP and AR v Fraport AG Frankfurt Airport Services Worldwide and St. Vincenz-Krankenhaus
References for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Article 7(1) – Right to paid annual leave – Total invalidity or incapacity for work due to illness occurring during a leave year – National legislation providing for the loss of entitlement to paid annual leave on expiry of a certain period – Employer’s obligation to enable the worker to exercise his or her right to paid annual leave
Requests for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-538/20 Finanzamt B v W (Deductibility of final losses of a non-resident permanent establishment)
Reference for a preliminary ruling – Freedom of establishment – Articles 49 and 54 TFEU – Deduction of final losses incurred by a non-resident permanent establishment – State which has waived its power to impose taxes under a double taxation convention – Comparability of situations
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Joined Cases C-619/20 P and C-620/20 P IMG v Commission
Appeal – Development cooperation – Implementation of the EU budget under indirect management by an international organisation – Decision to not entrust any new budget implementation tasks to an entity due to doubts as to its status as an international organisation – Action for annulment – Compliance with a judgment annulling a measure – Res judicata – Obligations and powers of the author of the annulled act – Preparatory act – Admissibility – Claim for damages – Rule of law intended to confer rights on individuals – EU financial regulations – Duty of diligence – Existence of a sufficiently serious infringement of that obligation – Specific examination on a case-by-case basis – Non-material harm – Appropriate and sufficient compensation by the annulment of the unlawful act – Material harm – Dispute not in a condition to be adjudicated upon – Referral back to the General Court)
Language of the case: French
Case C-120/21 LB v TO (Limitation period for the right to paid annual leave)
Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Article 7 – Right to paid annual leave – Allowance in lieu of leave not taken after the termination of the employment relationship – Three-year limitation period – Starting point – Adequate information provided to the worker
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-159/21 GM v Országos Idegenrendészeti Főigazgatóság and Others
Reference for a preliminary ruling – Common asylum and immigration policy – Directive 2011/95/EU – Standards for granting refugee status or subsidiary protection status – Withdrawal of the status – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Danger to national security – Position taken by a specialist authority – Access to the file
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-215/21 Zulima v Servicios prescriptor y medios de pagos EFC SAU
Reference for a preliminary ruling – Unfair terms in consumer contracts – Revolving credit agreement – Unfairness of the term relating to the rate of remunerative interest – Action brought by a consumer for a declaration that that agreement is void – Satisfaction of that consumer’s claims out of court – Costs incurred having to be borne by the consumer – Principle of effectiveness – National legislation capable of dissuading the consumer from exercising the rights conferred by Directive 93/13/EEC
Request for a preliminary ruling from the Juzgado de Primera Instancia de Las Palmas de Gran Canaria
Language of the case: Spanish
Joined Cases C-245/21 and C-248/21 Bundesrepublik Deutschland v MA and Others (Administrative suspension of the transfer decision)
Reference for a preliminary ruling – Regulation (EU) No 604/2013 – Determination of the Member State responsible for examining an application for international protection – Articles 27 and 29 – Transfer of the person concerned to the Member State responsible for the examination of his or her request – Suspension of the transfer due to the COVID – 19 pandemic – Impossibility of carrying out the transfer – Judicial protection – Consequences for the time limit for transfer
Requests for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-330/21 The Escape Center v Belgische Staat
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 98 – Option for the Member States to apply a reduced rate of VAT to certain supplies of goods and services – Annex III, point 14 – Concept of the ‘use of sporting facilities’ – Fitness centres – Individual or group coaching
Request for a preliminary ruling from the Rechtbank van eerste aanleg Oost-Vlaanderen Afdeling Gent
Language of the case: Dutch
Case C-335/21 Vicente v Delia (Action for the recovery of lawyers' fees)
Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Unfair business-to-consumer commercial practices – Principle of effectiveness – Article 47 of the Charter of Fundamental Rights of the European Union – Summary procedure for the recovery of lawyers’ fees – Potentially unfair terms contained in a fee agreement – National law not providing for the possibility of review by a court – Article 4(2) – Scope of the exception – Directive 2005/29/EC – Article 7 – Misleading commercial practice – Contract concluded between lawyer and client prohibiting the client from withdrawing, without the knowledge or against the advice of the lawyer, on pain of a financial penalty
Request for a preliminary ruling from the Juzgado de Primera Instancia de Sevilla
Language of the case: Spanish
Case C-497/21 SI and Others v Bundesrepublik Deutschland (Application for asylum rejected by Denmark)
Reference for a preliminary ruling – Area of freedom, security and justice – Border controls, asylum and immigration – Asylum policy – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Application for international protection – Grounds for inadmissibility – Article 2(q) – Concept of ‘subsequent application’ – Article 33(2)(d) – Rejection by a Member State of an application for international protection as inadmissible on account of the rejection of a previous application made by the person concerned in the Kingdom of Denmark – Final decision taken by the Kingdom of Denmark
Request for a preliminary ruling from the Schleswig-Holsteinisches Verwaltungsgericht
Language of the case: German
Case C-307/21 AB and Others v Ryanair DAC (Obligation on the air carrier to provide information)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Article 5(1)(c) – Right to compensation if flight is cancelled – Contract for carriage concluded through an online travel agent – Information on the cancellation of the flight communicated by means of an email address automatically generated by the travel agent – Failure to ensure that the passenger was properly informed
Request for a preliminary ruling from the Landgericht Kleve
Language of the case: German
Case C-597/20 Polskie Linie Lotnicze 'LOT' v Budapest Főváros Kormányhivatala (Payment of compensation ordered by an administrative authority)
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 16 – Compensation and assistance to passengers – Task of the national body responsible for the enforcement of that regulation – National legislation conferring on that body the power to order an air carrier to pay compensation due to a passenger – Charter of Fundamental Rights of the European Union – Article 47 – Right to seek remedy before a tribunal
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-633/20 Bundesverband der Verbraucherzentralen und Verbraucherverbände v TC Medical Air Ambulance Agency
Reference for a preliminary ruling – Freedom of establishment and freedom to provide services – Single market in insurance – Directive 2002/92/EC – Definition of ‘insurance intermediary’ – Activity of ‘insurance mediation’ – Directive (EU) 2016/97 – Activity of ‘distribution of insurance’ – Scope of those directives – Membership of a group insurance policy – Assignment of rights under the insurance contract – Insurance benefits in the event of sickness or accident abroad – Remuneration paid by the member in consideration for the insurance cover acquired – Consumer protection – Equal treatment of insurance intermediaries
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-3/21 FS v Chief Appeals Officer and Others
Reference for a preliminary ruling – Social security for migrant workers – Regulation (EC) No 883/2004 – Coordination of social security systems – Family benefits – Back payment – Relocation of the beneficiary to another Member State – Article 81 – Concept of ‘claim’ – Article 76(4) – Duty of mutual information and cooperation – Non-compliance – 12-month limitation period – Principle of effectiveness
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
Case C-202/21 P ABLV Bank v SRB
Appeal – Economic and monetary policy – Banking union – Regulation (EU) No 806/2014 – Single resolution mechanism for credit institutions and certain investment firms – Single Resolution Fund – Annual contributions – Liquidation of a credit institution – Reimbursement of contributions paid – Pro rata temporis
Language of the case: English
Case C-235/21 Raiffeisen Leasing v Republika Slovenija
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 203 – Sale-and-lease back agreement – Persons liable for payment of VAT – Possibility of treating a written contractual agreement as an invoice
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
Information (on unpublished decisions)
Case C-67/22 Pharol v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Articles 63 and 65 TFEU – Free movement of capital – Tax on the income of legal persons – Dividends received from a company established in the Member State of the beneficiary company – Dividends received from a company established in a third country – National legislation for the elimination of double taxation – Difference in treatment – Restriction – Justification – Efficiency of fiscal verification – Absence of a convention obligation on communicating tax information
Case C-113/21 P Haikal v Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Common foreign and security policy – Restrictive measures taken against the Syrian Arab Republic – Measures directed against leading businesspersons operating in Syria – Lists of persons subject to the freezing of funds and economic resources – Proof that the inclusion of the appellant’s name on those lists is well founded – Appeal manifestly inadmissible or manifestly unfounded
Case C-36/22 P González Sordo and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Social policy – Directive 1999/70/EC – Measures transposing the directive – Complaint to the European Commission seeking a declaration of infringement of EU law by the Kingdom of Spain – No action brought for failure to fulfil obligations – Actions for failure to act
Case C-37/22 P GZ and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Social policy – Directive 1999/70/EC – Measures transposing the directive – Complaint to the European Commission seeking a declaration of infringement of EU law by the Kingdom of Spain – No action brought for failure to fulfil obligations – Actions for failure to act
Case C-38/22 P Santos Cañibano and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Social policy – Directive 1999/70/EC – Measures transposing the directive – Complaint to the European Commission seeking a declaration of infringement of EU law by the Kingdom of Spain – No action brought for failure to fulfil obligations – Actions for failure to act
Case C-39/22 P Velasco Granda and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Social policy – Directive 1999/70/EC – Measures transposing the directive – Complaint to the European Commission seeking a declaration of infringement of EU law by the Kingdom of Spain – No action brought for failure to fulfil obligations – Actions for failure to act
Case C-40/22 P Baides Fernández and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Social policy – Council Directive 1999/70/EC – Measures transposing the directive into national law – Complaint to the European Commission seeking a declaration of infringement of EU law by the Kingdom of Spain – No action brought for failure to fulfil obligations – Actions for failure to act
Case C-195/22 P PTTAZ v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Social policy – Directive 1999/70/EC – Measures transposing the directive into national law – Complaint to the European Commission seeking a declaration of infringement of EU law by the Kingdom of Spain – No action brought for failure to fulfil obligations – Actions for failure to act
Case C-244/22 NQ v Mara-Tóni
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to state the reasons justifying the need for an answer to the questions referred – Requirement to state the relationship between the provisions in respect of which interpretation is sought and the national legislation applicable – Lack of sufficient information – Manifest inadmissibility
Case C-802/21 P Rosca v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Notice of competition – Open Competition EPSO/AD/363/18 – Decision not to admit the appellant to the next stage of the competition
Case C-507/21 P Puma and Others v Commission
Appeal – Dumping – Imports of certain footwear with uppers of leather originating in the People’s Republic of China and Vietnam – Implementation of the judgment of the Court of Justice in Joined Cases C‑659/13 and C‑34/14 – Reimposition of a definitive anti-dumping duty – Competence ratione temporis – Principle of non-discrimination
Case C-56/22 PL v Belgian State (Right to remain on humanitarian grounds)
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to set out the factual and legislative context of the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling – Lack of sufficient information – Manifest inadmissibility
Case C-188/22 VP v KS represented by AS (Written deposition)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Judicial cooperation in civil and commercial matters – Regulation (EC) No 1206/2001 – Taking of evidence – Written evidence of a person residing in a Member State other than the Member State of the court having jurisdiction – Possibility of having recourse to the means of taking evidence provided for by national law and not to that provided for by that regulation
Case C-326/21 P PNB Banka v ECB
Appeal – Economic and monetary policy – Prudential supervision of credit institutions – Insolvency proceedings – Refusal by the European Central Bank (ECB) to grant the request of the board of directors of a credit institution seeking an order instructing the insolvency administrator of that institution to grant the lawyer authorised by that board access to the premises, information, staff and resources of that institution – Competence of the author of the measure – Article 263 TFEU – Measure open to an annulment action – Inadmissibility
Case C-749/21 P CNMSE and Others v Parliament and Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Regulation (EU) 2020/1043 – Aarhus Convention – Point (d) of the first subparagraph of Article 2(2) and second subparagraph of Article 2(2) – Regulation (EC) No 1367/2006 – Article 2(1)(c) – Action for annulment – Article 263, fourth paragraph, TFEU – Associations concerned with the protection of human health and the environment – Lack of locus standi – Person not individually concerned – Application inadmissible – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-526/22 P(R) OT v Council
Appeal – Interim relief – Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds and economic resources – Inclusion of the appellant’s name – Urgency – Serious and irreparable damage – None
Case C-333/19 DA and Others v Romatsa and Others
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – State aid – Articles 107 and 108 TFEU – Bilateral Investment Treaty – Arbitration clause – Romania – Arbitral award granting payment of damages – European Commission decision declaring that payment to be State aid incompatible with the internal market and ordering its recovery – Enforcement of an arbitral award before a court of a Member State other than the Member State to which the decision is addressed – Infringement of EU law – Article 19 TEU – Articles 267 and 344 TFEU – Autonomy of EU law
Case C-338/22 P Hrebenyuk v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-320/22 P the airscreen company v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-342/22 P Laboratorios Ern v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-500/21 P HIM v Commission
Appeal – Arbitration clause – Grant agreements concluded under the Information and Communication Technologies (ICT) Policy Support Programme – Audit report – Debit notes issued by the European Commission for the recovery of certain sums – Action for annulment – Investigation by the European Anti-Fraud Office (OLAF) – Counterclaim – Full repayment of the grants concerned – Rights of the defence – Principle of sound administration – Impartiality – Principle of proportionality – Obligation to state reasons
Case C-71/22 P CX v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Official – Investigation by the European Anti-Fraud Office (OLAF) – Unauthorised and clandestine negotiation of a contract – Conflict of interests – Disciplinary measure – Removal from post – Right to be heard – Repeated absence of the applicant and his lawyer from the disciplinary hearing – Distortion of the evidence – Duty of the European Commission to have regard for the welfare of its staff – Obligation to state reasons – Principle ne bis in idem – Reasonable time – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-592/21 ĒDIENS & KM.LV v Ieslodzījuma vietu pārvalde and Iepirkumu uzraudzības birojs
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Public procurement – Directive 2014/24/EU – Conduct of the procedure – Choice of participants – Selection criteria – Technical and professional capacities – Article 58(4) – Forms of evidence – European Single Procurement Document – Article 59 – Reliance on the capacities of other entities – Article 63(1) – Group of economic operators – Condition relating to professional experience to be satisfied by the member of the group responsible, in the event of the award of the contract, for performing the activities requiring that experience – Condition not provided for in the procurement documents – Status of general partnership unaffected by the system of joint and several liability
October 2022
Case C-241/21 I. L. v Politsei- ja Piirivalveamet (Detention – Risk of committing a criminal offence)
Reference for a preliminary ruling – Directive 2008/115/EC – Return of illegally staying third-country nationals – Article 15(1) – Detention – Grounds for detention – General criterion based on the risk that the effective enforcement of the removal would be compromised – Risk that the person concerned would commit a criminal offence – Consequences of the establishment of the offence and the imposition of a penalty – Complication of the removal process – Article 6 of the Charter of Fundamental Rights of the European Union – Restriction of the fundamental right to liberty – Requirement of a legal basis – Requirements of clarity, predictability and accessibility – Protection against arbitrariness
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
Case C-250/21 Szef Krajowej Administracji Skarbowej v O. Fundusz Inwestycyjny Zamknięty reprezentowany przez O
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Supply of services for consideration – Exemptions – Article 135(1)(b) – Granting of credit – Sub-participation agreement
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-266/21 Criminal proceedings against HV (Suspension of the right to drive)
Reference for a preliminary ruling – Common transport policy – Directive 2006/126/EC – Article 11(2) and (4) – Suspension of the right to drive a motor vehicle – Driving licence issued by the Member State of normal residence in exchange for a driving licence issued by another Member State – Refusal by the first Member State to enforce a decision suspending the right to drive adopted by the second Member State – Obligation for the second Member State not to recognise, in its territory, the validity of the driving licence that has been suspended
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
Case C-293/21 Vittamed technologijos v Valstybinė mokesčių inspekcija
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Deductions of input VAT – Goods and services used by the taxable person to produce capital goods – Articles 184 to 187 – Adjustment of deductions – Obligation to adjust deductions of VAT in the event of that taxable person being placed in liquidation and removed from the register of VAT payers
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Joined Cases C-433/21 and C-434/21 Agenzia delle Entrate v Contship Italia
References for a preliminary ruling – Direct taxation – Freedom of establishment – Corporate income tax – Measures to prevent tax avoidance by shell companies – Determination of taxable income on the basis of presumed minimum income – Exclusion from the scope of those measures of companies and entities listed on national regulated markets
Requests for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-436/21 flightright v American Airlines (Air transport from Stuttgart to Kansas City)
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 3(1)(a) – Scope – Article 2(f) to (h) – Concept of ‘ticket’ – Concept of ‘reservation’ – Concept of ‘connecting flight’ – Reservation through a travel agency – Article 7 – Compensation for air passengers in the event of a long delay to a flight – Transport operation consisting of a number of flights operated by separate operating air carriers – Connecting flight departing from an airport located in a Member State with a stop in Switzerland and final destination in a third country
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-344/20 L.F. v S.C.R.L. (Religious clothing)
Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Establishment of a general framework for equal treatment in employment and occupation – Prohibition of discrimination on the ground of religion or belief – Internal rule of a private undertaking prohibiting any manifestation, in the workplace, of religious, philosophical or political belief – Prohibition including words, clothing, or any other means of manifesting those beliefs – Wearing of an item of religious clothing
Request for a preliminary ruling from the Tribunal du travail francophone de Bruxelles
Language of the case: French
Case C-616/20 M2Beauté Cosmetics v Bundesrepublik Deutschland
Reference for a preliminary ruling – Medicinal products for human use – Directive 2001/83/EC – Article 1(2)(b) – Definition of ‘medicinal product by function’ – Absence of a scientific study – Scientific knowledge on a structural analogue – Regulation (EC) No 1223/2009 – Cosmetic product – Specific beneficial effects on human health – Direct or indirect beneficial effects – Positive effects on appearance
Request for a preliminary ruling from the Verwaltungsgericht Köln
Language of the case: German
Case C-698/20 Gmina Wieliszew v Syndyk masy upadłości Spółdzielczego Banku Rzemiosła
Reference for a preliminary ruling – Structural Funds – European Regional Development Fund (ERDF) – Cohesion Fund – Regulation (EC) No 1083/2006 – Regulation (EU) No 1303/2013 – European Union funding – European Agricultural Fund for Rural Development (EAFRD) – Regulation (EC) No 1290/2005 – Regulation (EC) No 1698/2005 – Regulation (EU) No 1306/2013 – Grant agreement – Funds paid to a beneficiary into an account in an insolvent bank – National legislation not excluding those funds from the insolvency estate of that bank
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-713/20 Raad van bestuur van de Sociale verzekeringbank and Y v X and Raad van bestuur van de Sociale verzekeringbank (Intervals between temporary work assignments)
Reference for a preliminary ruling – Social security for migrant workers – Regulation (EC) No 883/2004 – Article 11(3)(a) and (e) – Person residing in one Member State and employed in another Member State – Employment contract or contracts entered into with a single temporary employment agency – Temporary work assignments – Intervening periods – Determination of the legislation applicable during intervening periods between temporary work assignments – Termination of the employment relationship
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
Case C-1/21 MC v Direktor na Direktsia 'Obzhalvane i danachno-osiguritelna praktika'
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 273 – Measures to ensure the correct collection of VAT – Article 325(1) TFEU – Obligation to counter illegal activities affecting the financial interests of the European Union – VAT debts of a taxable legal person – National legislation which provides for the joint and several liability of the non-taxable manager of the legal person – Transfers made in bad faith by the manager – Depletion of the legal person’s assets leading to insolvency – Failure to pay the amounts of VAT payable by the legal person within the prescribed time limits – Default interest – Proportionality
Request for a preliminary ruling from the Administrativen sad Veliko Tarnovo
Language of the case: Bulgarian
Case C-64/21 Rigall Arteria Management v Bank Handlowy
Reference for a preliminary ruling – Directive 86/653/EEC – Article 7(1)(b) – Self-employed commercial agents – Transaction concluded with a third party whom the commercial agent has previously acquired as a customer – Remuneration – Whether the agent’s right to commission is mandatory or supplementary
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Joined Cases C-164/21 and C-318/21 Baltijas Starptautiskā Akadēmija and Stockholm School of Economics in Riga v Latvijas Zinātnes padome
References for a preliminary ruling – Regulation (EU) No 651/2014 – Point 83 of Article 2 – Direct and unconditional reference to EU law – Admissibility of the questions – Research and development and innovation aid – Concept of ‘research and knowledge-dissemination organisation’ – Higher education establishment carrying on economic and non-economic activities – Determination of the primary goal
Requests for a preliminary ruling from the Administratīvā rajona tiesa and Administratīvā apgabaltiesa
Language of the case: Latvian
Case C-199/21 DN v Finanzamt Österreich (Recovery of family benefits)
Reference for a preliminary ruling – Social security – Regulation (EC) No 883/2004 – Articles 67 and 68 – Family benefits – Right to benefits under a pension – Pensioner in receipt of pensions from two Member States – Member State(s) in which that pensioner is entitled to family benefits – Regulation (EC) No 987/2009 – Third sentence of Article 60(1) – Legislation of a Member State providing for the award of family benefits to the parent who has taken the child into his or her household – Failure by that parent to claim the award of those benefits – Obligation to take into account the application submitted by the other parent – Request for the recovery of family benefits paid to the other parent – Whether permissible
Request for a preliminary ruling from the Bundesfinanzgericht
Language of the case: German
Case C-256/21 KP v TV and Gemeinde Bodman-Ludwigshafen
Reference for a preliminary ruling – EU trade marks – Regulation (EU) 2017/1001 – Article 124(a) and (d) – Article 128 – Jurisdiction of EU trade mark courts – Action for infringement – Counterclaim for a declaration of invalidity – Withdrawal of the action for infringement – Outcome of the counterclaim – Autonomous nature of the counterclaim
Request for a preliminary ruling from the Oberlandesgericht München
Language of the case: German
Case C-355/21 Perfumesco.pl v Procter & Gamble International Operations
Reference for a preliminary ruling – Intellectual property – Directive 2004/48/EC – Enforcement of intellectual property rights – Article 10 – Corrective measures – Destruction of goods – Concept of ‘infringement of an intellectual property right’ – Goods bearing an EU trade mark
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-397/21 HUMDA v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Harmonisation of fiscal legislation – Common system of value added tax – Directive 2006/112/EC – Sales which are not subject to VAT – VAT unduly invoiced and paid – Liquidation of the provider – Refusal by the tax authority to refund to the customer the VAT improperly paid – Principles of effectiveness, tax neutrality and non-discrimination
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-405/21 FV v NOVA KREDITNA BANKA MARIBOR
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 3(1) and Article 8 – Criteria for assessing the unfairness of a contractual term – Significant imbalance between the parties’ rights and obligations under the contract – Requirement of good faith on the part of the seller or supplier – Possibility of ensuring a higher level of protection than that provided for in the directive
Request for a preliminary ruling from the Višje sodišče v Mariboru
Language of the case: Slovene
Case C-431/21 X v Finanzamt Bremen
Reference for a preliminary ruling – Freedom of establishment and freedom to provide services – Corporation tax – Determination of the taxable income of companies – Transactions featuring foreign elements – Obligation to provide fiscal documentation of business relations between parties with a relationship of interdependence – Estimate of the taxable income and surcharge by way of a penalty
Request for a preliminary ruling from the Finanzgericht Bremen
Language of the case: German
Case C-437/21 Liberty Lines v Ministero delle Infrastrutture e dei Trasporti
Reference for a preliminary ruling – Transport – Regulation (EEC) No 3577/92 – Articles 1 and 4 – Regulation (EEC) No 1370/2007 – Article 1 – Direct award of public service contracts – Public services for high-speed maritime passenger transport – Treatment like rail transport services provided by sea
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-593/21 NY v Herios
Reference for a preliminary ruling – Directive 86/653/EEC – Article 17(2)(a) – Self-employed commercial agents – Termination of the agency contract by the principal – Compensation of the agent – Goodwill indemnity – Sub-agency – Right of the subagent to a proportion of the goodwill indemnity payable to the main agent corresponding to the customers brought by the subagent
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-677/20 IG Metall and ver.di v SAP and SE-Betriebsrat der SAP
Reference for a preliminary ruling – Social policy – European company – Directive 2001/86/EC – Involvement of employees in decision-making within the European company – Article 4(4) – European company established by means of transformation – Content of the negotiated agreement – Election of employees’ representatives as members of the Supervisory Board – Election procedure providing for a separate ballot in respect of the trade union representatives
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-473/20 Invest Fund Management v Komisia za finansov nadzor
Reference for a preliminary ruling – Approximation of laws – Directive 2009/65/EC – Undertakings for collective investment in transferable securities (UCITS) – UCITS management companies – Obligations concerning information to be provided to investors – Article 72 – Obligation to update the ‘essential elements of the prospectus’ – Scope – Article 69(2) – Information referred to in Schedule A of Annex I – Composition of a body of the management company – Article 99a(r) – Transposition into national law – National legislation extending the situations in which an infringement relating to the updating of the prospectus may be established and penalised
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
Case C-585/20 BFF Finance Iberia S.A.U. v Gerencia Regional de Salud de la Junta de Castilla y León
Reference for a preliminary ruling – Directive 2011/7/EU – Combating late payment in commercial transactions – Recovery from a public authority of debts assigned by undertakings to a collection agency – Compensation for recovery costs incurred by the creditor in the event of late payment by the debtor – Article 6 – Fixed minimum sum of EUR 40 – Transactions between undertakings and public authorities – Article 4 – Procedure for ascertaining the conformity of goods or services – Payment period – Article 2(8) – Definition of ‘amount due’ – Inclusion of value added tax for the purpose of calculating default interest
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo Valladolid
Language of the case: Spanish
Case C-604/20 ROI Land Investments v FD
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Article 6 – Defendant not domiciled in a Member State – Article 17 – Jurisdiction over consumer contracts – Concept of ‘trade or profession’/‘professional activities’ – Article 21 – Jurisdiction over individual contracts of employment – Concept of ‘employer’ – Relationship of subordination – Regulation (EC) No 593/2008 – Applicable law – Article 6 – Individual contract of employment – Letter of comfort between the employee and a third party company guaranteeing performance of the employer’s obligations towards that employee
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-66/21 O.T. E. v Staatssecretaris van Justitie en Veiligheid (Removal of a victim of trafficking in human beings)
Reference for a preliminary ruling – Border controls, asylum and immigration – Asylum policy – Residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities – Directive 2004/81/EC – Article 6 – Scope – Third-country national claiming to be the victim of an offence related to the trafficking in human beings – Entitlement to the reflection period provided for in Article 6(1) of that directive – Prohibition on enforcing an expulsion measure – Definition – Scope – Calculation of that reflection period – Regulation (EU) No 604/2013 – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person – Transfer to the Member State responsible for examining that application for international protection
Request for a preliminary ruling from the Rechtbank Den Haag
Language of the case: Dutch
Case C-77/21 Digi v Nemzeti Adatvédelmi és Információszabadság Hatóság
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 5(1)(b) and (e) – Principle of ‘purpose limitation’ – Principle of ‘storage limitation’ – Creation, from an existing database, of a database to carry out tests and correct errors – Further processing of the data – Compatibility of the further processing of those data with the purposes of the initial collection – Retention period in the light of those purposes
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-111/21 BT v Laudamotion
Reference for a preliminary ruling – Air transport – Montreal Convention – Article 17(1) – Liability of air carriers for death or bodily injuries sustained by passengers – Concept of ‘bodily injury’ – Post-traumatic stress disorder suffered by a passenger during the emergency evacuation of an aircraft
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-295/21 Allianz Benelux v État belge, SPF Finances
Reference for a preliminary ruling – Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States – Directive 90/435/EEC – Article 4(1) – Exemption in favour of a parent company of the dividends paid by its subsidiary – Carrying over definitively taxed income surpluses to subsequent tax years – Absorption of a company with definitively taxed income surpluses by another company – National legislation limiting the transfer of those surpluses to the absorbing company
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
Case C-301/21 Curtea de Apel Alba Iulia and Others v YF and Others
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 2(1) and (2) – Prohibition of discrimination on grounds of age – National legislation which leads to a situation in which the remuneration of certain judges is higher than that of other judges of the same rank and performing the same work – Article 1 – Purpose – Exhaustive nature of the discrimination referred to
Request for a preliminary ruling from the Curtea de Apel Oradea
Language of the case: Romanian
Case C-306/21 Komisia za zashtita na lichnite danni and Tsentralna izbiratelna komisia v Demokratichna Bulgaria - Obedinenie
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Scope – Article 2(2)(a) – Concept of ‘activity which falls outside the scope of Union law’ – National and European elections – Article 6(1)(e) – Lawfulness of processing – Article 58 – Measure adopted by the supervisory authorities which limits or, where appropriate, prohibits the video recording of the vote count at polling stations
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-362/21 EKOFRUKT v Direktor na Direktsia 'Obzhalvane i danachno-osiguritelna praktika' – Veliko Tarnovo
Reference for a preliminary ruling – Internal market – Regulation (EU) No 910/2014 – Article 3(12) – Concept of ‘qualified electronic signature’ – Article 25(1) – Article 26 – Annex I – Legal effects of electronic signatures – Requirements relating to an advanced electronic signature – Administrative act issued in the form of an electronic document signed with an electronic signature not meeting the requirements for a ‘qualified electronic signature’ – Cumulative requirements – Consequences – Article 3(15) – Absence of a ‘qualified certificate for electronic signature’ – Entry of a qualified electronic signature in the certificate issued by the trust service provider – Effect – Names of the holder of the electronic signature which have been transliterated using Latin script rather than being written in Cyrillic script as they normally are
Request for a preliminary ruling from the Administrativen sad Veliko Tarnovo
Language of the case: Bulgarian
Case C-374/21 IFAP v AB and Others
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice – Regulation (EC, Euratom) No 2988/95 – Own resources of the European Union – Protection of the European Union’s financial interests – Proceedings relating to irregularities – Article 4 – Adoption of administrative measures – Article 3(1) – Limitation period for proceedings – Expiry – Whether it may be relied on in the context of the enforced recovery procedure – Article 3(2) – Period for implementation – Applicability – Starting point of the limitation period – Interruption and suspension
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-406/21 A v B and Joint heirs of C (Non-recovery of interest for late payment)
Reference for a preliminary ruling – Combating late payment in commercial transactions – Directive 2011/7/EU – Article 12(4) – Temporal scope – Practice established before 16 March 2013 consisting in not recovering interest for late payment or compensation for recovery costs – Practice applied to individual orders placed on or after that date – Article 7(2) and (3) – Grossly unfair contractual terms and practices – Waiver freely agreed to
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Case C-542/21 Mikrotīkls v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Combined Nomenclature – Tariff classification – Heading 8517 – Subheadings 8517 70 11 and 8517 70 19 – Router aerials
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
Case C-825/21 UP v Centre public d’action sociale de Liège (Withdrawal or suspension of a return decision)
Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Directive 2008/115/EC – Return of illegally staying third-country nationals – Asylum application – Rejection – Order to leave the territory – Article 6(4) – Application for leave to remain for the purpose of medical treatment – Admissible application – Issuance of temporary leave to remain while the application is being examined – Dismissal of application – Social assistance – Refusal – Condition relating to the legality of the stay – No return decision – Effect of temporary leave to remain on the order to leave the territory
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-721/20 DB Station & Service v ODEG Ostdeutsche Eisenbahn
Reference for a preliminary ruling – Rail transport – Article 102 TFEU – Abuse of a dominant position – Directive 2001/14/EC – Access to railway infrastructure – Article 30 – Railway regulatory body – Review of infrastructure charges – National courts – Review of charges in the light of competition law – Division of competence between the regulatory authority and the national courts
Request for a preliminary ruling from the Kammergericht Berlin
Language of the case: German
Joined Cases C-68/21 and C-84/21 Iveco Orecchia v APAM Esercizio and Brescia Trasporti
References for a preliminary ruling – Approximation of laws – Motor vehicles – Directive 2007/46/EC – Technical specifications – Offer to supply spare parts equivalent to the originals of a specific mark – Absence of proof of type-approval – Declaration of equivalence to the original by the tenderer – Concept of ‘manufacturer’ – Means of proof – Public procurement – Directive 2014/25/EU
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-129/21 Proximus v Gegevensbeschermingsautoriteit (Public electronic directories)
Reference for a preliminary ruling – Processing of personal data and protection of privacy in the electronic communications sector – Directive 2002/58/EC – Article 12 – Public telephone directories and directory enquiry services – Subscriber’s consent – Obligations of the provider of directories and of directory enquiry services – Regulation (EU) 2016/679 – Article 17 – Right to erasure (‘right to be forgotten’) – Article 5(2) – Article 24 – Information obligations and responsibility of the controller
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
Case C-197/21 Soda-Club (CO2) and SodaStream International v MySoda
Reference for a preliminary ruling – Trade-mark law – Regulation (EU) 2017/1001 – Article 15(2) – Directive (EU) 2015/2436 – Article 15(2) – Exhaustion of the rights conferred by a trade mark – Cylinders containing carbon dioxide – Placing on the market by the trade mark proprietor of carbon dioxide cylinders intended to be reused and refilled numerous times – Activity of a reseller consisting in refilling and relabelling cylinders leaving visible the original mark – Opposition brought by the trade mark proprietor – Legitimate reasons to oppose further commercialisation of the goods bearing the trade mark
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Case C-390/21 ADPA and Gesamtverband Autoteile-Handel v Automobiles PEUGEOT and PSA Automobiles
Reference for a preliminary ruling – Market for vehicle repair and maintenance information services – Regulation (EU) 2018/858 – Article 61 – Obligation on automotive manufacturers to provide vehicle repair and maintenance information – Scope – Right of access to that information – Independent operators – Publishers of technical information – Article 63 – Reasonable and proportionate fees for access
Request for a preliminary ruling from the Landgericht Köln
Language of the case: German
Case C-411/21 Instituto do Cinema e do Audiovisual v NOWO Communications
Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Services consisting in the creation and production of cinematographic and audiovisual works – Operators of subscription television services – Subscription fee payable by subscription television operators – Allocation of the revenue from the fee – Restriction – Effects too uncertain or too indirect
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-418/21 Orthomol pharmazeutische Vertriebs v Verband Sozialer Wettbewerb
Reference for a preliminary ruling – Food safety – Food – Regulation (EU) No 609/2013 – Article 2(2)(g) – Delegated Regulation (EU) 2016/128 – Food for special medical purposes – Other particular nutritional requirements – Food providing a general benefit for the patient – Distinction in relation to medicinal products
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-485/21 S. V. v E. Ts. D. (Building in co-ownership)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 2(b) – Concept of ‘consumer’ – Article 2(c) – Concept of ‘seller or supplier’ – Natural person who owns an apartment in a building in co-ownership – Different types of legal relationships relating to the management and maintenance of that building – Difference in treatment, as regards the status of consumer, arising from the law of a Member State between co‑owners who have concluded an individual contract for the management and maintenance of the communal areas of such a building and those who have not concluded such a contract
Request for a preliminary ruling from the Rayonen sad - Nesebar
Language of the case: Bulgarian
Case C-641/21 Climate Corporation Emissions Trading v Finanzamt Österreich
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 44 – Point of reference for tax purposes – Transfer of greenhouse gas emission allowances – Recipient involved in VAT evasion in a chain of transactions – Taxable person who knew or should have known about that evasion
Request for a preliminary ruling from the Bundesfinanzgericht
Language of the case: German
Case C-435/22 PPU Criminal proceedings against HF (Extradition and ne bis in idem)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – Charter of Fundamental Rights of the European Union – Article 50 – Convention implementing the Schengen Agreement – Article 54 – Principle ne bis in idem – Extradition agreement between the European Union and the United States of America – Extradition of a third-country national to the United States under a bilateral treaty concluded by a Member State – National who has been convicted by final judgment for the same acts and has served his sentence in full in another Member State
Request for a preliminary ruling from the Oberlandesgericht München
Language of the case: German
Information (on unpublished decisions)
Case C-116/19 P-DEP EUIPO v Schneider
Taxation of costs
Case C-382/19 P-DEP EUIPO v Pethke
Taxation of costs
Case C-302/22 YS and RW v Freebird Airlines Europe
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Article 5(3) – Compensation for air passengers in the event of long delays to flights – Exemption from the obligation to pay compensation – Extraordinary circumstances – Collision between an aircraft and birds – Emergency braking manoeuvre leading to damage to the tyres of that aircraft
Case C-488/16 P-DEP Freistaat Bayern v Bundesverband Souvenir – Geschenke – Ehrenpreise
Taxation of costs
Case C-49/20 SF v Teritorialna direktsia na NAP
Reference for a preliminary ruling – Articles 53 and 99 of the Rules of Procedure of the Court of Justice – Directive (EU) 2015/849 – Scope – National legislation requiring payments over a certain amount to be made exclusively by bank transfer or by deposit into a payment account
Case C-168/22 P FT and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Remuneration – European Commission staff posted to a third country – Updating of the correction coefficients – Repetition of the pleas and arguments put forward before the General Court of the European Union – Lack of clarity and precision of the pleas – Appeal manifestly inadmissible
Case C-170/22 P FJ and Others v EEAS
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Remuneration – European External Action Service (EEAS) – Updating of the correction coefficients – Repetition of the pleas and arguments put forward before the General Court of the European Union – Lack of clarity and precision of the pleas – Appeal manifestly inadmissible
Case C-171/22 P FJ and Others v EEAS
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Remuneration – European External Action Service (EEAS) staff – Updating of the correction coefficients – Repetition of the pleas and arguments put forward before the General Court of the European Union – Lack of clarity and precision of the pleas – Appeal manifestly inadmissible
Case C-172/22 P FZ and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Remuneration – European Commission staff posted to a third country – Updating of the correction coefficients – Repetition of the pleas and arguments put forward before the General Court of the European Union – Lack of clarity and precision of the pleas – Appeal manifestly inadmissible
Case C-673/21 P KN v EESC
Appeal – Institutional law – European Economic and Social Committee (EESC) – Code of Conduct – Allegations of psychological harassment against a member of the EESC – Investigation by the European Anti-Fraud Office (OLAF) – Decision to relieve the member of his supervisory and personnel management functions – Action for annulment and compensation
Case C-525/22 P(R) Mariani v Parliament
Appeal – Interim relief – Law governing the institutions – Member of the European Parliament – Exclusion decision taken by the Democracy Support and Election Coordination Group – Urgency – Serious and irreparable harm – Detriment to one of the attributes of the mandate of a Member of the European Parliament
Case C-542/22 P(R) Lacapelle v Parliament
Appeal – Interim relief – Law governing the institutions – Member of the European Parliament – Exclusion decision taken by the Democracy Support and Election Coordination Group – Urgency – Serious and irreparable harm – Detriment to one of the attributes of the mandate of a Member of the European Parliament
Case C-544/22 P(R) Juvin v Parliament
Appeal – Interim relief – Law governing the institutions – Member of the European Parliament – Exclusion decision taken by the Democracy Support and Election Coordination Group – Urgency – Serious and irreparable damage – Detriment to one of the attributes of the mandate of a Member of the European Parliament
Case C-383/22 P SFD v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-777/21 VB v Comune di Portici
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Article 49 TFEU – Freedom of establishment – Article 56 TFEU – Freedom to provide services – Road traffic – Registration and taxation of motor vehicles – Vehicle registered in a Member State – Driver residing in the Member State where the vehicle is registered and in another Member State – Legislation of a Member State prohibiting persons who have resided in that Member State for more than 60 days from driving in that Member State a vehicle registered in another country
Case C-576/21 P Mendes de Almeida v Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Enhanced cooperation on the establishment of the European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Appointment of European Prosecutors – Appointment of one of the candidates nominated by the Portuguese Republic – Alleged infringement of the rules applicable to the appointment of European Prosecutors – Action for annulment – Time limit for bringing proceedings – Point from which time starts to run – Out of time – Appeal manifestly unfounded
Case C-79/22 P Correia de Matos v Commission
Appeal – Article 181 – Rules of Procedure of the Court of Justice – Institutional law – Decision of the European Commission rejecting the applicant’s complaint concerning an alleged breach of Article 267 TFEU by the Tribunal Constitucional (Constitutional Court, Portugal) – Representation by a lawyer who is not a third party – Appeal clearly inadmissible
Case C-446/22 P Fidelity National Information Services v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-104/21 RegioJet v České dráhy
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Concept of ‘court or tribunal’ – Criteria relating to the constitution and function of that body – Exercise of judicial or administrative functions – Directive 2012/34/EU – Articles 55 and 56 – Single national regulatory body for the railway sector – Independent regulatory authority for the sector – Entitlement to act on an ex officio basis – Power to impose penalties – Decisions that are open to challenge before the courts – Manifest inadmissibility of the request for a preliminary ruling
Case C-539/21 P EC v Comittee of the Regions
Appeal – Civil Service – Members of the temporary staff – Conditions of Employment of Other Servants of the European Union – Article 2(c) – Contract for an indefinite period – Early termination with notice – Article 47(c)(i) – Breakdown in relationship of trust – Terms implementing the notice – Manifest error of assessment and error of law – Omissions – Action for annulment and for damages
Case C-544/21 ID v Stadt Mainz
Reference for a preliminary ruling – Freedom to provide services – Directive 2006/123/EC – Article 15(1), (2)(g) and (3) – Services in the internal market – Fees of architects and engineers – Fixed minimum tariffs – Direct effect of provisions of EU law and possible inapplicability of national legislation
November 2022
Joined Cases C-859/19, C-926/19 and C-929/19 Criminal proceedings against FX and Others (Effect of the decisions of a constitutional court III)
References for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Fight against corruption – Protection of the European Union’s financial interests – Article 325(1) TFEU – PFI Convention – Decision 2006/928/EC – Criminal proceedings – Decisions of the Curtea Constituțională (Constitutional Court, Romania) concerning the composition of panels hearing cases relating to serious corruption – Duty on national courts to give full effect to decisions of the Curtea Constituțională (Constitutional Court) – Disciplinary liability of judges in the event of non-compliance with such decisions – Power to disapply decisions of the Curtea Constituțională (Constitutional Court) that are inconsistent with EU law – Principle of primacy of EU law
Requests for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
Case C-873/19 Deutsche Umwelthilfe v Bundesrepublik Deutschland (Approval of motor vehicles)
Reference for a preliminary ruling – Environment – Aarhus Convention – Access to justice – Article 9(3) – Charter of Fundamental Rights of the European Union – Article 47, first paragraph – Right to effective judicial protection – Environmental association – Standing of such an association to bring an action before a national court against EC type-approval granted to certain vehicles – Regulation (EC) No 715/2007 – Article 5(2)(a) – Motor vehicles – Diesel engine – Pollutant emissions – Valve for exhaust gas recirculation (EGR valve) – Reduction of nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Defeat device – Authorisation of such a device where the need is justified in terms of protecting the engine against damage or accident and for safe operation of the vehicle – State of the art
Request for a preliminary ruling from the Schleswig-Holsteinisches Verwaltungsgericht
Language of the case: German
Joined Cases C-885/19 P and C-898/19 P Fiat Chrysler Finance Europe and Ireland v Commission
Appeal – State aid – Aid implemented by the Grand Duchy of Luxembourg – Decision declaring the aid incompatible with the internal market and unlawful and ordering its recovery – Tax ruling – Advantage – Selectivity – Arm’s length principle – Reference framework – National law applicable – ‘Normal’ taxation
Language of the case: English
Joined Cases C-704/20 and C-39/21 Staatssecretaris van Justitie en Veiligheid v C and B and X v Staatssecretaris van Justitie en Veiligheid (Ex officio review of detention)
References for a preliminary ruling – Area of freedom, security and justice – Detention of third-country nationals – Fundamental right to liberty – Article 6 of the Charter of Fundamental Rights of the European Union – Conditions governing the lawfulness of detention – Directive 2008/115/EC – Article 15 – Directive 2013/33/EU – Article 9 – Regulation (EU) No 604/2013 – Article 28 – Review of the lawfulness of detention and of the continuation of a detention measure – Ex officio review – Fundamental right to an effective judicial remedy – Article 47 of the Charter of Fundamental Rights
Requests for a preliminary ruling from the Raad van State and Rechtbank Den Haag, zittingsplaats 's-Hertogenbosch
Language of the case: Dutch
Case C-211/20 P Commission v Valencia Club de Fútbol
Appeal – State aid – Public guarantee granted by a public entity – Loans to three football clubs from the Community of Valencia (Valencia CF, Hércules CF and Elche CF) – Decision declaring the aid to be incompatible with the internal market – Annulment of the decision in so far as it concerns Valencia CF – Concept of ‘advantage’ – Assessment of the existence of an advantage – Guarantee Notice – Interpretation – Duty of care on the part of the European Commission – Burden of proof – Distortion
Language of the case: Spanish
Case C-163/21 AD v PACCAR and Others
Reference for a preliminary ruling – Competition – Compensation for harm caused by a practice prohibited under Article 101(1) TFEU – Collusive arrangements on pricing and gross price increases for trucks in the European Economic Area (EEA) – Directive 2014/104/EU – Rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union – Article 22(2) – Applicability ratione temporis – First subparagraph of Article 5(1) – Concept of relevant evidence which lies in the control of the defendant or a third party – Article 5(2) – Disclosure of specified items of evidence or relevant categories of evidence on the basis of reasonably available facts – Article 5(3) – Review of the proportionality of the request to disclose evidence – Balancing the legitimate interests of the parties and third parties – Scope of the obligations resulting from those provisions
Request for a preliminary ruling from the Juzgado Mercantil de Barcelona
Language of the case: Spanish
Case C-203/21 Criminal proceedings against DELTA STROY 2003
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2005/212/JHA – Applicability – Imposition of a financial penalty on a legal person for non-payment of tax debts – Concept of ‘confiscation’ – Articles 48, 49 and 52 of the Charter of Fundamental Rights of the European Union – Penalties of a criminal nature – Principles of the presumption of innocence and the legality and proportionality of criminal offences and penalties – Rights of the defence – Imposition of a criminal penalty on a legal person for an offence committed by the representative of that legal person – Parallel criminal proceedings against that representative that have not been concluded – Proportionality
Request for a preliminary ruling from the Okrazhen sad - Burgas
Language of the case: Bulgarian
Case C-278/21 Dansk Akvakultur v Miljø- og Fødevareklagenævnet
Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 6(3) – Assessment of a project likely to affect a protected site – Obligation to conduct an assessment – Continuation of the economic activity of an operation already authorised at the planning stage, under unchanged conditions, where authorisation has been granted following an incomplete assessment
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-385/21 Zenith Media Communications v Consiliul Concurenţei
Reference for a preliminary ruling – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Penalty imposed by the national competition authority – Determination of the amount of the fine – Consideration of turnover in the profit and loss account – Request for the national competition authority to take into account a different turnover – Refusal by the Competition Council – Real situation of the undertaking concerned – Principle of proportionality
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
Case C-414/21 VP CAPITAL v Belgische Staat
Reference for a preliminary ruling – Freedom of establishment – Article 49 and 54 TFEU – Transfer of a company’s registered office to a Member State other than that in which it was incorporated – Recovery of write-downs recorded prior to the transfer – Exemption – Comparability of situations
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
Case C-486/21 SHARENGO v Mestna občina Ljubljana
Reference for a preliminary ruling – Public system for the rental and shared use of electric cars – Distinction between the concepts of ‘services concessions’ and ‘public supply contracts’ – Directive 2014/23/EU – Article 5(1)(b) – Article 20(4) – Concept of ‘mixed contracts’ – Article 8 – Determining the value of a services concession – Criteria – Article 27 – Article 38 – Directive 2014/24/EU – Article 2(1), points 5 and 8 – Implementing Regulation (EU) 2015/1986 – Annex XXI – Possibility of imposing a condition concerning the registration of a specific professional activity under national law – Impossibility of imposing that condition on all members of a temporary business association – Regulation (EC) No 2195/2002 – Article 1(1) – Obligation to refer exclusively to the ‘Common Procurement Vocabulary’ in concession documents – Regulation (EC) No 1893/2006 – Article 1(2) – Impossibility of referring to the ‘NACE Rev. 2’ nomenclature in the concession documents
Request for a preliminary ruling from the Državna revizijska komisija za revizijo postopkov oddaje javnih naročil
Language of the case: Slovene
Case C-494/21 Eircom v Commission for Communications Regulation
Reference for a preliminary ruling – Electronic communications networks and services – Universal service and users’ rights – Directive 2002/22/EC (Universal Service Directive) – Article 12 – Costing and financing of universal service obligations – Single universal service provider and multiple telecommunications services providers operating in the market – Determination as to whether an unfair burden exists
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
Case C-631/21 Taxi Horn Tours v gemeente Weert and Others
Reference for a preliminary ruling – Procedures for the award of public works contracts, public supply contracts and public service contracts – Directive 2014/24/EU – Award of contracts – Article 2(1)(10) – Concept of an ‘economic operator’ – Inclusion of a general partnership without legal personality – Article 19(2) and Article 63 – Joint undertaking or reliance on the capacities of other entities of persons linked with that undertaking – Article 59(1) – Obligation to submit one or several European Single Procurement Documents (ESPD) – Purpose of the ESPD
Request for a preliminary ruling from the Gerechtshof 's-Hertogenbosch
Language of the case: Dutch
Case C-646/20 Senatsverwaltung für Inneres und Sport, Standesamtsaufsicht v TB
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility – Divorce – Regulation (EC) No 2201/2003 – Article 2(4) and Article 21 – Concept of ‘judgment’ – Recognition, in a Member State, of the dissolution of a marriage agreed in an agreement between spouses and pronounced by a civil registrar of another Member State – Criterion for determining the existence of a ‘judgment’
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-260/21 Corporate Commercial Bank v Elit Petrol
Reference for a preliminary ruling – Article 53(2) and Articles 94 and 99 of the Rules of Procedure of the Court of Justice – Insolvency proceedings – Mutual set-offs with an insolvent credit institution – Retroactive amendment to the conditions for the enforcement of those set-offs – National legislation declared unconstitutional – Purely internal situation – Manifest inadmissibility
Request for a preliminary ruling from the Okrazhen sad - Vidin
Language of the case: Bulgarian
Case C-337/22 P EUIPO v Nowhere
Appeal – EU trade mark – Determination as to whether appeals may proceed – Article 170b of the Rules of Procedure of the Court – Request demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal allowed to proceed
Language of the case: English
Case C-147/20 Novartis Pharma v Abacus Medicine
Reference for a preliminary ruling – Intellectual property – EU trade mark – Regulation (EU) 2017/1001 – Article 9(2) – Rights conferred by a mark – Article 15 – Exhaustion of the rights conferred by a trade mark – Parallel import of medicinal products – Repackaging of the product bearing the mark – New outer packaging – Opposition by the proprietor of the mark – Artificial partitioning of the markets between Member States – Medicinal products for human use – Directive 2001/83/EC – Article 47a – Safety features – Replacement – Equivalent features – Delegated Regulation (EU) 2016/161 – Article 3(2) – Anti-tampering device – Unique identifier
Request for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
Case C-204/20 Bayer Intellectual Property v kohlpharma
Reference for a preliminary ruling – Intellectual property – Trade marks – Directive (EU) 2015/2436 – Approximation of the laws of the Member States relating to trade marks – Article 10(2) – Rights conferred by a trade mark – Article 15 – Exhaustion of the rights conferred by a trade mark – Parallel import of medicinal products – Repackaging of the product bearing the mark – New outer packaging – Opposition by the proprietor of the mark – Artificial partitioning of the markets between Member States – Medicinal products for human use – Directive 2001/83/EC – Article 47a – Safety features – Replacement – Equivalent features – Delegated Regulation (EU) 2016/161 – Article 3(2) – Anti-tampering device – Unique identifier
Request for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
Case C-224/20 Merck Sharp & Dohme and Others v Abacus Medicine and Others
Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Intellectual property – Trade marks – Regulation (EU) 2017/1001 – EU trade mark – Article 9(2) – Article 15 – Directive (EU) 2015/2436 – Approximation of the laws of the Member States relating to trade marks – Article 10(2) – Article 15 – Rights conferred by a trade mark – Exhaustion of the rights conferred by a trade mark – Parallel import of medicinal products – Repackaging of the product bearing the mark – New outer packaging – Replacement of the trade mark appearing on the original outer packaging by another product name – Reaffixing of the trade mark of the proprietor specific to the product, to the exclusion of the other distinctive marks or signs appearing on that original outer packaging – Opposition by the proprietor of the mark – Artificial partitioning of the markets between Member States – Medicinal products for human use – Directive 2001/83/EC – Article 47a – Safety features – Replacement – Equivalent features – Delegated Regulation (EU) 2016/161 – Article 3(2) – Anti-tampering device
Request for a preliminary ruling from the Sø- og Handelsretten
Language of the case: Danish
Joined Cases C-253/20 and C-254/20 Impexeco and PI Pharma v Novartis and Novartis Pharma
References for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Intellectual property – Trade marks – Regulation (EC) No 207/2009 – Article 9(2) – Article 13 – Directive 2008/95 – Article 5(1) – Article 7 – Rights conferred by a trade mark – Exhaustion of the rights conferred by a trade mark – Parallel imports of medicinal products – Reference medicinal product and generic medicinal product – Economically linked undertakings – Repackaging of the generic medicinal product – New outer packaging – Affixing the trade mark of the reference medicinal product – Opposition by the proprietor of the trade mark – Artificial partitioning of the markets between the Member States
Requests for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
Joined Cases C-331/20 P and C-343/20 P Volotea and easyJet v Commission
Appeal – State aid – Article 107(1) TFEU – European Commission decision on compensation to Sardinian airports for public service obligations – Existence of unlawful State aid incompatible with the internal market, granted by the Italian Republic to airlines through airport operators – Concept of ‘State aid’ – Proof of the existence of an advantage – Determination of the amount – Market economy operator principle – Applicability and application – Test of the private acquirer of goods or services – Conditions – Burden of proof
Language of the case: English
Case C-562/20 Rodl & Partner v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Prevention of the use of the financial system for the purpose of money laundering and terrorist financing – Directive (EU) 2015/849 – Article 18(1) and (3) – Annex III, point 3(b) – Risk-based approach – Risk assessment conducted by obliged entities – Identification of risks by Member States and obliged entities – Customer due diligence measures – Enhanced due diligence measures – High-corruption-risk third countries – Article 13(1)(c) and (d) – Evidence and documentation requirements imposed on obliged entities – Article 14(5) – Ongoing customer monitoring imposed on obliged entities – Publication of decisions imposing a sanction
Request for a preliminary ruling from the Administratīvā rajona tiesa
Language of the case: Latvian
Case C-607/20 GE Aircraft Engine Services v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 26(1)(b) – Supply of services free of charge – Award of retail vouchers free of charge to staff of the taxable person’s business as part of an employee recognition and reward scheme – Transactions treated as supplies of services for consideration – Scope – Principle of fiscal neutrality
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Case C-54/21 Antea Polsk and Others v Państwowe Gospodarstwo Wodne Wo dy Polskie
Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Principles of awarding contracts – Article 18 – Transparency – Article 21 – Confidentiality – Insertion of those principles in the national legislation – Right of access to the essential content of the information provided by tenderers concerning their experience and references, concerning the persons proposed to carry out the contract and concerning the design of the proposed projects and the manner of performance – Article 67 – Contract award criteria – Criteria relating to the quality of the proposed work or services – Requirement of precision – Directive 89/665/EEC – Article 1(1) and (3) – Right to an effective remedy – Remedy in the event of infringement of that right on account of the refusal to grant access to non-confidential information
Request for a preliminary ruling from the Krajowa Izba Odwoławcza
Language of the case: Polish
Case C-175/21 Harman International Industries v AB
Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Intellectual property – EU trade mark – Regulation (EU) 2017/1001 – Article 15 – Exhaustion of the rights conferred by a trade mark – Placing on the market within the European Economic Area (EEA) – Consent of the proprietor of the trade mark – Place of first marketing of products by the proprietor of the trade mark or with its consent – Proof – Directive 2004/48/EC – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Operative part of judicial decisions not identifying the products covered – Difficulties in implementation – Restricted scope of action before the competent court for enforcement – Fair trial – Rights of the defence – Principle of the equality of arms
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
Case C-230/21 X v Belgische Staat (Married refugee minor)
Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Directive 2003/86/EC – Article 2(f) – Article 10(3)(a) – Concept of ‘unaccompanied minor’ – Right to family reunification – Refugee minor who is married at the time of her entry into the territory of a Member State – Child marriage not recognised in that Member State – Cohabitation with the spouse lawfully residing in that Member State
Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen
Language of the case: Dutch
Case C-238/21 Porr Bau v Bezirkshauptmannschaft Graz-Umgebung
Reference for a preliminary ruling – Environment – Waste – Directive 2008/98/EC – Point 1 of Article 3 – Article 5(1) – Article 6(1) – Excavated materials – Concepts of ‘waste’ and of ‘by-product’ – Cessation of waste status
Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark
Language of the case: German
Case C-243/21 'TOYA' sp. z o.o. and Polska Izba Informatyki i Telekomunikacji v Prezes Urzędu Komunikacji Elektronicznej
References for a preliminary ruling – Telecommunications – Directive 2002/19/EC (the Access Directive) – Article 8(3) – Directive 2014/61/EU – Article 1(3) and (4), and Article 3(5) – Power of the national regulatory authority to impose ex ante regulatory conditions relating to access to the physical infrastructure of a network operator not having significant market power – No dispute relating to access
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
Case C-304/21 VT v Ministero dell'Interno and Ministero dell'interno - Dipartimento della Pubblica Sicurezza - Direzione centrale per le risorse umane (Age limit for the recruitment of police officers)
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Article 21 of the Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Article 2(2), Article 4(1) and Article 6(1) – Prohibition of discrimination on grounds of age – National legislation fixing a maximum age limit of 30 years for the recruitment of police commissioners – Justifications
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-443/21 Avicarvil Farms v Ministerul Agriculturii şi Dezvoltării Rurale and Others
Reference for a preliminary ruling – Common agricultural policy (CAP) – European Agricultural Fund for Rural Development (EAFRD) – Regulation (EC) No 1698/2005 – Article 40 – National rural development programme 2007-2013 – Animal welfare payments – Calculation errors – Reductions in payments by the national authorities – Principle of the protection of legitimate expectations – Principle of legal certainty
Request for a preliminary ruling from the Curtea de Apel Piteşti
Language of the case: Romanian
Case C-24/20 Commission v Council (Accession to the Geneva Act)
Action for annulment – Council Decision (EU) 2019/1754 – Accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications – Article 3(1) TFEU – Exclusive competence of the European Union – Article 207 TFEU – Common commercial policy – Commercial aspects of intellectual property – Article 218(6) TFEU – Right of initiative of the European Commission – Modification by the Council of the European Union of the proposal from the Commission – Article 293(1) TFEU – Applicability – Article 4(3), Article 13(2) and Article 17(2) TEU – Article 2(1) TFEU – Principles of conferral of powers, of institutional balance and of sincere cooperation
Language of the case: English
Joined Cases C-37/20 and C-601/20 WM and Sovim v Luxembourg Business Registers
Reference for a preliminary ruling – Prevention of the use of the financial system for the purposes of money laundering or terrorist financing – Directive (EU) 2018/843 amending Directive (EU) 2015/849 – Amendment to Article 30(5), first subparagraph, point (c), of Directive 2015/849 – Access for any member of the general public to the information on beneficial ownership – Validity – Articles 7 and 8 of the Charter of Fundamental Rights of the European Union – Respect for private and family life – Protection of personal data
Requests for a preliminary ruling from the Tribunal d'arrondissement de Luxembourg
Language of the case: French
Case C-69/21 X v Staatssecretaris van Justitie en Veiligheid (Removal – Medicinal cannabis)
Reference for a preliminary ruling – Area of freedom, security and justice – Articles 4, 7 and 19 of the Charter of Fundamental Rights of the European Union – Prohibition of inhuman or degrading treatment – Respect for private and family life – Protection in the event of removal, expulsion or extradition – Right of residence on medical grounds – Common standards and procedures in Member States for returning illegally staying third-country nationals – Directive 2008/115/EC – Third-country national who is suffering from a serious illness – Medical treatment for pain relief – Treatment is not available in the country of origin – Conditions under which removal must be postponed
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats 's-Hertogenbosch
Language of the case: Dutch
Cases C-478/22 P(R) Telefónica de España v Commission
Appeal – Interim relief – Public procurement – Tendering procedure – Application for suspension of operation of a measure – Urgency – Criteria for assessing the condition relating to urgency – Pre-contractual period – Waiting period
Language of the case: English
Case C-638/20 MCM v Centrala studiestödsnämnden (Student financial aid for studies abroad)
Reference for a preliminary ruling – Freedom of movement for persons – Article 45 TFEU – Equal treatment – Social advantages – Regulation (EU) No 492/2011 – Article 7(2) – Financial aid for higher education studies in another Member State – Residence requirement – Alternative requirement of social integration for non-resident students – Situation of a student who is a national of the State granting the aid, residing since birth in the State of studies
Request for a preliminary ruling from the Överklagandenämnden för studiestöd
Language of the case: Swedish
Case C-259/21 Parliament v Council (Technical measures relating to fishing opportunities)
Action for annulment – Common fisheries policy – Regulation (EU) 2021/92 – Fixing for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters – Conservation of fishery resources and protection of marine ecosystems through technical measures – Articles 15 to 17 and 20 and the second paragraph of Article 59 – Article 43(3) TFEU – Misuse of powers – Principle of sincere cooperation
Language of the case: French
Case C-289/21 IG v Varhoven administrativen sad (Repeal of the disputed provision)
Reference for a preliminary ruling – Article 47 of the Charter of Fundamental Rights of the European Union Effective judicial protection – National procedural rule providing that an action seeking to dispute the compatibility of a national provision with EU law is devoid of purpose where the provision is repealed in the course of proceedings
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C-296/21 Proceedings brought by A (Circulation of deactivated firearms)
Reference for a preliminary ruling – Control of the acquisition and possession of weapons – Directive 91/477/EEC – Annex I, Part III – Deactivation standards and techniques – Implementing Regulation (EU) 2015/2403 – Verification and certification of deactivation of firearms – Article 3 – Verifying entity approved by a national authority – Issuance of a deactivation certificate – Entity not included on the list published by the European Commission – Transfer of deactivated firearms within the European Union – Article 7 – Mutual recognition
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-302/21 Casilda v Banco Cetelem
Reference for a preliminary ruling – Dispute in the main proceedings which has become devoid of purpose – No need to adjudicate
Request for a preliminary ruling from the Juzgado de Primera Instancia de Castellón de la Plana
Language of the case: Spanish
Case C-358/21 Tilman v Unilever Supply Chain Company
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Lugano II Convention – Jurisdiction clause – Formal requirements – Clause included in the general terms and conditions – General terms and conditions which may be viewed and printed from a hypertext link mentioned in a contract concluded in writing – Consent of the parties
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-458/21 CIG Pannónia Életbiztosító v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(c) – Exemptions for certain activities in the public interest – Provision of medical care in the exercise of the medical and paramedical professions – Service used by an insurance company to review the accuracy of a diagnosis of serious illness and find and provide the best possible care and treatment abroad
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-596/21 A v Finanzamt M (Scope of the right to deduct VAT)
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Articles 167 and 168 – Right to deduct input VAT – Principle of prohibition of fraud – Chain of supply – Refusal of the right to deduct in the case of fraud – Taxable person – Second purchaser of goods – Fraud affecting part of the VAT due in respect of the first purchase – Scope of the refusal of the right to deduction
Request for a preliminary ruling from the Finanzgericht Nürnberg
Language of the case: German
Case C-658/21 Belplant v Vlaams Gewest
Reference for a preliminary ruling – Procedure for the provision of information in the field of technical regulations and of rules on Information Society services – Directive (EU) 2015/1535 – Concept of ‘technical regulation’ – Article 1(1) – National legislation prohibiting individuals from using pesticides containing glyphosate on land in private use – Article 5(1) – Obligation on Member States to communicate to the European Commission any draft technical regulation
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-691/21 Cafpi and Aviva assurances v Enedis
Reference for a preliminary ruling – Directive 85/374/EEC – Article 3 – Liability for defective products – Meaning of ‘producer’ – Operator of an electricity distribution network changing the electricity voltage level for distribution
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Information (on unpublished decisions)
Case C-405/22 P Mandelay Magyarország Kereskedelmi v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-243/22 Criminal proceedings against AB (Lowseverity offence)
Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Scope – Article 49 – Principles of legality and proportionality of criminal offences and penalties – Exclusion of the criminal liability of the infringement on account of its lack of a particularly serious nature – National case-law prohibiting the application of a national rule before the Magistrate – Lack of connection to EU law – Clear lack of jurisdiction of the Court
Case C-442/21 P ITD and Danske Fragtmænd v Commission
Appeal – State aid – Postal sector – Compensation for the discharge of a universal service obligation – Calculation – Net avoided cost methodology – Taking into account the intangible benefits of the universal service – Use of funds granted as compensation – Guarantee covering the redundancy costs of a certain category of employee in the event of insolvency of the universal service provider – Accounting allocation of common costs between universal service activities and non-universal service activities – Decision declaring the aid compatible with the internal market
Case C-702/21 P Laboratoire Pareva v Commission
Appeal – Biocidal products – Regulation (EU) No 528/2012 – Delegated Regulation (EU) No 1062/2014 – Active substance PHMB (1415; 4.7) – Refusal of approval as an existing active substance for use in biocidal products of product-types 1, 5 and 6 – Approval as an existing active substance for use in biocidal products of product-types 2 and 4 – Teratogenic effect – Human health risk assessment
Case C-410/20 INT J.A.C. and M.C.P.R.
Application for interpretation – Inadmissibility
Case C-669/21 Gencoal v Conceito Norte – Consultadoria de Gestão and BT
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to present the factual and regulatory context of the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling – Absence of sufficient information – Manifest inadmissibility
Case C-350/21 Proceedings brought by Spetsializirana prokuratura (Retention of traffic and location data)
Reference for a preliminary ruling – Processing of personal data in the electronic communication sector – Confidentiality of communications – Providers of electronic communications services – General and indiscriminate retention of traffic and location data for a period of six months – Combatting serious crime – Access to the retained data – Informing data subjects – Right to bring an action – Directive 2002/58/EC – Article 15(1) and (2) – Directive (EU) 2016/680 – Articles 13 and 54 – Charter of Fundamental Rights of the European Union – Articles 7, 8, 11 and 47 and Article 52(1)
Case C-569/21 Ministero dell'Interno and Presidenza del Consiglio dei ministri v PF (Age limit for recruiting police psychologists)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Social policy – Equal treatment in employment and occupation – Article 21 of the Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Article 2(2), Article 4(1) and Article 6(1) – Prohibition of discrimination on grounds of age – National legislation fixing a maximum age limit of 30 years for the recruitment of technical psychologist commissioners – Justification
Case C-578/21 P Irish Wind Farmers' Association and Others v Commission
Appeal – State aid – Article 107(1) TFEU – Article 108(2) and (3) TFEU – Regulation (EU) 2015/1589 – Article 4 – Member State legislation on business property taxation – Methods for valuation of property used to calculate the basis of assessment of the rate payable – Complaint from wind farm operators – Allegation of an under-assessment of the basis of assessment for the business rate payable by fossil fuel electricity producers and, consequently, of a level of business rate of those electricity generators lower than that of other electricity producers due to the choice of valuation method used – Preliminary examination procedure – Decision finding that there is no State aid – No economic and selective advantage – Failure to initiate the formal investigation procedure – Concept of ‘serious difficulties’ – Extent of the European Commission’s investigative duty – Principle of sound administration – Obligation to conduct the investigation procedure diligently and impartially – Scope of review by the General Court of the European Union
Case C-138/22 TD and SD v mBank (Invalidity of unfair and unlawful terms)
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Unfair terms in consumer contracts – Mortgage loan agreement indexed to a foreign currency – Unfair terms – Invalidity of the contract on account of the inclusion of unfair or unlawful terms – Choice of the consumer – Interpretation of national law – Clear lack of jurisdiction
Case C-317/22 P Aziz v EEAS
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Access to documents – Regulation (EC) No 1049/2001 – Documents allegedly held by the European External Action Service (EEAS) – Action directed against the express rejection of the request for access to documents – Admissibility – Article 76(d) of the Rules of Procedure of the General Court – Sufficiently clear and precise statement of the pleas in law relied on – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-236/22 P Sołowicz v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for annulment – Failure to comply with procedural requirements – Dismissal of the action as manifestly inadmissible – Appeal manifestly inadmissible
Case C-90/21 P Thunus and Others v EIB
Appeal – Civil service – Staff of the European Investment Bank (EIB) – Remuneration – Annual salary adjustment ‐ Action for annulment and damages
Case C-91/21 P Thunus and Others v EIB
Appeal – Civil service – Staff of the European Investment Bank (EIB) – Remuneration – Annual salary adjustment ‐ Action for annulment and damages
Case C-166/21 Commission v Poland (Exemption from excise duty for alcohol used for the production of medicines)
Failure of a Member State to fulfil obligations – Excise duties on alcohol and alcoholic beverages – Directive 92/83/EEC – Exemption from harmonised excise duty – Ethyl alcohol used for the production of medicines – Article 27(1)(d) – Exemption conditional on placing the alcohol under a duty suspension arrangement – No facility to obtain a refund of the excise duty paid – Principle of proportionality
Case C-295/22 P Novais v Portugal
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Article 265 TFEU – Action for failure to act brought against a national court or tribunal – Manifest lack of jurisdiction of the General Court of the European Union – Appeal manifestly unfounded
Case C-577/22 P Munich v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-617/22 P(I) Euranimi v EAA and Commission
Appeal – Intervention – Admissibility of the appeal – Appeal under Article 56 of the Statute of the Court of Justice of the European Union – Appeal brought out of time
Case C-618/22 P(I) Euranimi v EAA and Commission
Appeal – Intervention – Admissibility of the appeal – Appeal under Article 56 of the Statute of the Court of Justice of the European Union – Appeal brought out of time
December 2022
Case C-141/20 Finanzamt Kiel v Norddeutsche Gesellschaft für Diakonie
Reference for a preliminary ruling – Value added tax (VAT) – Sixth Directive 77/388/EEC – Second subparagraph of Article 4(4) – Taxable persons – Option for Member States to treat as a single taxable person entities that are legally independent but closely bound to one another by financial, economic and organisational links (‘VAT group’) – National legislation designating the controlling company of a VAT group as a single taxable person – Concept of ‘close financial links’ – No need for the controlling company to have a majority of voting rights as well as a majority shareholding – Assessment of the independence of an economic entity in the light of standardised criteria – Scope
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-269/20 Finanzamt T v S (Internal supplies within a VAT group)
Reference for a preliminary ruling – Value added tax (VAT) – Sixth Directive 77/388/EEC – Second subparagraph of Article 4(4) – Taxable persons – Option for Member States to treat as a single taxable person persons who are legally independent but closely bound to one another by financial, economic and organisational links (‘VAT group’) – National legislation designating the controlling company of a VAT group as a single taxable person – Internal supplies within the VAT group – Article 6(2)(b) – Supplies of services provided free of charge – Concept of ‘purposes other than those of the business’
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-370/21 DOMUS-SOFTWARE v Marc Braschoß Immobilien
Reference for a preliminary ruling – Directive 2011/7/EU – Combating late payment in commercial transactions – Compensation for recovery costs incurred by the creditor due to late payment by the debtor – Article 6 – Fixed minimum sum of EUR 40 – Several late payments for periodic supplies of goods or services under a single contract
Request for a preliminary ruling from the Landgericht München I
Language of the case: German
Case C-409/21 DELID v Izpalnitelen direktor na Darzhaven fond „Zemedelie“
Reference for a preliminary ruling – Common agricultural policy (CAP) – European Agricultural Fund for Rural Development (EAFRD) funding – Regulation (EU) No 1305/2013 – Investment support – National legislation making the grant of the support conditional upon the person applying for support submitting a certificate of registration of a livestock facility in that person’s name and showing that, on the date of submission of the application, the output of that person’s agricultural holding is equivalent to at least EUR 8 000
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-419/21 X v Z (Deliveries of medical products)
Reference for a preliminary ruling – Directive 2011/7/EU – Combating late payment in commercial transactions – Article 2(1) – Concept of ‘commercial transactions’ – Compensation for recovery costs incurred by the creditor due to late payment by the debtor – Article 6 – Fixed minimum sum of EUR 40 – Several late payments for supplies of goods or services under a single contract
Request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie
Language of the case: Polish
Case C-512/21 Aquila Part Prod Com v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 168 – Right to deduct VAT – Principles of fiscal neutrality, effectiveness and proportionality – Evasion – Proof – Duty of diligence on the part of the taxable person – Taking into account of a breach of obligations arising from national provisions and from EU law relating to the safety of the food supply chain – Authority granted by the taxable person to a third party to carry out the taxable transactions – Charter of Fundamental Rights of the European Union – Article 47 – Right to a fair hearing
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-564/21 BU v Bundesrepublik Deutschland (Access to the file in asylum cases)
Reference for a preliminary ruling – Fundamental rights – Right to an effective remedy – Article 47 of the Charter of Fundamental Rights of the European Union – Asylum policy – Directive 2013/32/EU – Article 11(1), Article 23(1) and Article 46(1) and (3) – Access to information in the applicant’s file – Completeness of the file – Metadata – Communication of that file in the form of individual unstructured electronic files – Information in writing – Digitised copy of the decision bearing a handwritten signature – Keeping of the electronic file without archiving a paper file
Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden
Language of the case: German
Case C-595/21 LSI - Germany v Freistaat Bayern
Reference for a preliminary ruling – Consumer protection – Provision of food information to consumers – Regulation (EU) No 1169/2011 – Article 17 and point 4 of Part A of Annex VI – ‘Name of the food’ – ‘Name of the product’ – Mandatory particulars in food labelling – Component or ingredient used for the partial or whole substitution of the component or ingredient which consumers expect to see normally used or present in a food
Request for a preliminary ruling from the Bayerisches Verwaltungsgericht Ansbach
Language of the case: German
Case C-229/22 NC v Compania Naţională de Transporturi Aeriene Tarom
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Article 5(1)(c)(iii) – Compensation and assistance to passengers – Cancellation of a flight – Right to compensation in the case of an offer of re-routing – Conditions – Divergence between different language versions of a provision of EU law – Re-routing allowing passengers to depart no more than one hour before their scheduled time of departure
Request for a preliminary ruling from the Tribunalul Specializat Cluj
Language of the case: Romanian
Case C-460/20 TU and RE v Google (De-referencing of allegedly false information)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Directive 95/46/EC – Article 12(b) – Point (a) of the first paragraph of Article 14 – Regulation (EU) 2016/679 – Article 17(3)(a) – Operator of an internet search engine – Research carried out on the basis of a person’s name – Displaying a link to articles containing allegedly inaccurate information in the list of search results – Displaying, in the form of thumbnails, photographs illustrating those articles in the list of results of an image search – Request for de-referencing made to the operator of the search engine – Weighing-up of fundamental rights – Articles 7, 8, 11 and 16 of the Charter of Fundamental Rights of the European Union – Obligations and responsibilities of the operator of the search engine in respect of processing a request for de-referencing – Burden of proof on the person requesting de-referencing
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-694/20 Orde van Vlaamse Balies and Others v Vlaamse Regering
Reference for a preliminary ruling – Administrative cooperation in the field of taxation – Mandatory automatic exchange of information in relation to reportable cross-border arrangements – Directive 2011/16/EU, as amended by Directive (EU) 2018/822 – Article 8ab(5) – Validity – Legal professional privilege of the lawyer – Exemption from the reporting obligation for the benefit of lawyer-intermediaries subject to legal professional privilege – Obligation on that lawyer-intermediary to notify any other intermediary who is not his or her client of that intermediary’s reporting obligations – Articles 7 and 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
Case C-180/21 VS v Inspektor v Inspektorata kam Visshia sadeben savet (Purposes of the processing of personal data – Criminal investigation)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Articles 2, 4 and 6 – Applicability of Regulation 2016/679 – Concept of ‘legitimate interest’ – Concept of ‘task carried out in the public interest or in the exercise of official authority’ – Directive (EU) 2016/680 – Articles 1, 3, 4, 6 and 9 – Lawfulness of the processing of personal data collected in the course of a criminal investigation – Subsequent processing of data relating to a presumed victim of a criminal offence for the purpose of making a formal accusation in respect of him or her – Concept of purpose ‘other than that for which the personal data are collected’ – Data used by the public prosecutor’s office of a Member State for the purposes of its defence in an action for damages against the State
Request for a preliminary ruling from the Administrativen sad - Blagoevgrad
Language of the case: Bulgarian
Case C-247/21 Luxury Trust Automobil v Finanzamt Österreich
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 42(a) – Article 197(1)(c) – Article 226(11a) – Article 141 – Exemption – Triangular transaction – Designation of the final recipient of a supply as being liable for VAT – Invoicing – Reference to ‘Reverse charge’ – Mandatory – Omission of that reference on an invoice – Retroactive correction of the invoice
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-348/21 Criminal proceedings against HYA and Others (Impossibility of questioning prosecution witnesses)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/343 – Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings – Article 8(1) – Right of an accused person to be present at the trial – Second paragraph of Article 47 and Article 48(2) of the Charter of Fundamental Rights of the European Union – Right to a fair trial and rights of the defence – Examination of witnesses for the prosecution in the absence of the accused person and his or her lawyer at the pre-trial stage of the criminal proceedings – Impossibility of examining witnesses for the prosecution during the judicial stage of those proceedings – National legislation allowing a criminal court to base its decision on the prior testimony of those witnesses
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-378/21 P v Finanzamt Österreich (Wrongly invoiced VAT to final consumers)
Reference for a preliminary ruling – Harmonisation of fiscal legislation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 203 – Adjustment of the VAT return – Recipients of services who are not entitled to make deductions – No risk of loss of tax revenue
Request for a preliminary ruling from the Bundesfinanzgericht
Language of the case: German
Case C-600/21 QE v Caisse régionale de Crédit mutuel de Loire-Atlantique et du Centre Ouest
Reference for a preliminary ruling – Consumer protection – Unfair terms in consumer contracts – Directive 93/13/EEC – Article 3(1) – Article 4 – Criteria for assessing whether a term is unfair – Term relating to the accelerated repayment of a loan agreement – Contractual dispensation from the requirement for a formal written demand
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-731/21 GV v Caisse nationale d’assurance pension
Reference for a preliminary ruling – Free movement of persons – Article 45 TFEU – Workers – Regulation (EU) No 492/2011 – Article 7(1) and (2) – Equal treatment – Social advantages – Survivor’s pension – Members of a civil partnership – National legislation making the grant of a survivor’s pension conditional upon the entry in the national register of a partnership that was validly concluded and registered in another Member State
Request for a preliminary ruling from the Cour de cassation du Grand-Duché de Luxembourg
Language of the case: French
Case C-769/21 BTA Baltic Insurance Company v Iepirkumu uzraudzības birojs and Tieslietu ministrija
Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Article 18(1) – Principles of equal treatment, transparency and proportionality – Decision to withdraw an invitation to tender – Tenders submitted separately by two tenderers belonging to the same economic operator and constituting the two most economically advantageous tenders – Refusal of the successful tenderer to sign the contract – Decision of the contracting authority to refuse the tender of the next tenderer, terminate the procedure and issue a new call for tenders
Request for a preliminary ruling from the Administratīvā rajona tiesa
Language of the case: Latvian
Case C-492/22 PPU CJ (Decision to postpone surrender due to criminal prosecution)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 6(2) – Determination of the competent judicial authorities – Decision to postpone surrender adopted by a body not having the status of executing judicial authority – Article 23 – Expiry of the time limits provided for surrender – Consequences – Article 12 and Article 24(1) – Keeping the requested person in detention for the purposes of criminal proceedings in the executing Member State – Articles 6, 47 and 48 of the Charter of Fundamental Rights of the European Union – Right of the accused person to appear in person at his trial
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-40/20 AQ and Others v Presidenza del Consiglio dei ministri and Others (University researchers)
References for a preliminary ruling – Social policy – Fixed-term work – Directive 1999/70/EC – Framework agreement – Principle of non-discrimination – Measures to prevent abuse of successive fixed-term employment contracts – Public-law fixed-term employment relationship – University researchers
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-470/20 Veejaam and Espo v Elering
Reference for a preliminary ruling – State aid – Renewable energy subsidy – Guidelines on State aid for environmental protection and energy 2014-2020 – Incentive effect of aid applied for after work has started on the project concerned – Article 108(3) TFEU – Obligation to notify – Consequences of breach of the obligation to notify
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
Case C-88/21 Regionų apygardos administracinio teismo Kauno rūmai v Lietuvos Respublikos vidaus reikalų ministerija (Registration of reported vehicles)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Second generation Schengen Information System (SIS II) – Decision 2007/533/JHA – Alert on an object sought – Article 38 – Objectives of the alert – Seizure or use as evidence in criminal proceedings – Article 39 – Execution of the action based on an alert – Measures taken in accordance with the national law of the Member States – National legislation laying down an obligation to prohibit the registration of vehicles which are the subject of alerts in SIS II
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-311/21 CM v TimePartner Personalmanagement
Reference for a preliminary ruling – Employment and social policy – Temporary agency work – Directive 2008/104/EC – Article 5 – Principle of equal treatment – Need to respect, in the event of derogation from that principle, the overall protection of temporary agency workers – Collective agreement providing for lower pay than that of staff recruited directly by the user undertaking – Effective judicial protection – Judicial review
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-366/21 P Picard v Commission
Appeal – Civil service – Members of the contract staff – Pension – Staff Regulations of Officials of the European Union – 2014 reform – Regulation (EU, Euratom) No 1023/2013 – Annex XIII to those regulations – Second paragraph of Article 21 and second subparagraph of Article 22(1) – Transitional measures relating to the annual rate of accrual of pension rights and retirement age – Conditions of Employment of Other Servants of the European Union – Annex – Article 1(1) – Application of those transitional measures by analogy to other staff employed on 31 December 2013 – Signature of new contract as a member of the contract staff – Act adversely affecting an official – Effective judicial protection
Language of the case: French
Case C-577/21 LM and NO v HUK-COBURG-Allgemeine Versicherung
Reference for a preliminary ruling – Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Article 3, fourth paragraph – Concept of ‘personal injury’ – Cover by compulsory insurance – Road traffic accident – Death of a passenger – Right to compensation for minor children – Non-material damage – Suffering of a child resulting from the death of his or her parent as a result of that accident – Compensation only in the event of pathological damage
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
Joined Cases C-753/21 and C-754/21 Instrubel v Montana Management and BNP Paribas Securities Services and Montana Management v Heerema Zwijndrecht and BNP Paribas Securities Services
Reference for a preliminary ruling – Common foreign and security policy – Regulation (EC) No 1210/2003 – Specific restrictions applicable to economic and financial relations with Iraq – Article 4 – Freezing of funds and economic resources belonging to the persons, bodies and entities associated with the regime of the former President Saddam Hussein – Article 6 – Transfer to the successor arrangements of the Iraq Development Fund – Ownership of frozen funds and economic resources
Requests for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-23/22 Caxamar v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – State aid – Regulation (EU) No 651/2014 – Exemption of certain categories of aid compatible with the internal market – Guidelines on regional State aid – Scope – Exclusions – Fishery and aquaculture sector – Sector for the processing and marketing of agricultural products – Concept of ‘agricultural products’ – Regulation (EU) No 1379/2013 – Common organisation of the markets in fishery and aquaculture products – Annex I – Activity of processing of fishery and aquaculture products – Salted, frozen and desalted cod
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
Joined Cases C-491/20 REC to C-496/20 REC, C-506/20 REC, C-509/20 REC and C-511/20 REC W.Ż. and Others v A. S. and Others
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Need for interpretation of EU law to enable the referring court to give judgment – None – Manifest inadmissibility
Requests for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-530/20 EUROAPTIEKA v Ministru kabinets
Reference for a preliminary ruling – Medicinal products for human use – Directive 2001/83/EC – Article 86(1) – Concept of ‘advertising of medicinal products’ – Article 87(3) – Rational use of medicinal products – Article 90 – Prohibited advertising methods – Advertising of medicinal products neither subject to medical prescription nor reimbursed – Advertising on the basis of price – Advertising of special sales – Advertising of bundled sales – Prohibition
Request for a preliminary ruling from the Satversmes tiesa
Language of the case: Latvian
Case C-61/21 JP v Ministre de la Transition écologique and Premier ministre (State liability for air pollution)
Reference for a preliminary ruling – Environment – Directives 80/779/EEC, 85/203/EEC, 96/62/EC, 1999/30/EC and 2008/50/EC – Air quality – Limit values for microparticles (PM10) and nitrogen dioxide (NO2) – Exceeded – Air quality plans – Damage caused to an individual on account of deterioration of the air resulting from the exceedance of those limit values – Liability of the Member State concerned – Conditions for establishing that liability – Requirement that the rule of EU law infringed be intended to confer rights on the individuals who have been harmed – No such intention
Request for a preliminary ruling from the Cour administrative d'appel de Versailles
Language of the case: French
Case C-83/21 Airbnb Ireland and Airbnb Payments UK v Agenzia delle Entrate
Reference for a preliminary ruling – Internal market – Article 114(2) TFEU – Exclusion of fiscal provisions – Directive 2000/31/EC – Information society services – Electronic commerce – Online property intermediation platform – Article 1(5)(a) – Exclusion of the ‘field of taxation’ – Directive 2006/123/EC – Services in the internal market – Article 2(3) – Exclusion of the ‘field of taxation’ – Directive (EU) 2015/1535 – Article 1(1)(e) and (f) – Concepts of ‘rule on services’ and ‘technical regulation’ – Obligation on providers of property intermediation services to collect and transmit to the tax authorities data on rental contracts and to withhold tax at source on the payments made – Obligation on service providers that do not have a permanent establishment in Italy to appoint a tax representative – Article 56 TFEU – Restrictive nature – Legitimate objective – Disproportionate nature of the obligation to appoint a tax representative – Third paragraph of Article 267 TFEU – Prerogatives of a national court or tribunal against whose decisions there is no judicial remedy under national law
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-115/21 P Junqueras i Vies v Parliament
Appeal – Institutional law – Members of the European Parliament – Loss of eligibility following a criminal conviction – Declaration that the seat of a Member of the European Parliament is vacant – Request to take an initiative as a matter of urgency to assert the immunity of a Member of the European Parliament – Action for annulment – Inadmissibility
Language of the case: Spanish
Joined Cases C-148/21 and C-184/21 Louboutin v Amazon Europe Core and Others (Use of an infringing sign on an online marketplace)
Reference for a preliminary ruling – EU trade mark – Regulation (EU) 2017/1001 – Article 9(2)(a) – Rights conferred by an EU trade mark – Concept of ‘use’ – Operator of an online sales website incorporating an online marketplace – Advertisements published on that marketplace by third-party sellers using, in those advertisements, a sign which is identical with a trade mark of another person for goods which are identical with those for which that trade mark is registered – Perception of that sign as forming an integral part of the commercial communication of that operator – Method of presenting the advertisements which does not make it possible to distinguish clearly the offerings of that operator from those of the third-party sellers
Requests for a preliminary ruling from the Tribunal d'arrondissement de Luxembourg and Tribunal de l’entreprise francophone de Bruxelles
Language of the case: French
Case C-237/21 Generalstaatsanwaltschaft München v S.M. (Request for extradition to Bosnia and Herzegovina)
Reference for a preliminary ruling – Citizenship of the European Union – Articles 18 and 21 TFEU – Request sent to a Member State by a third State for the extradition of a Union citizen who is a national of another Member State and who has exercised his right to free movement in the first of those Member States – Request made for the purpose of enforcing a custodial sentence – Prohibition on extradition applied solely to own nationals – Restriction of freedom of movement – Justification based on the prevention of impunity – Proportionality
Request for a preliminary ruling from the Oberlandesgericht München
Language of the case: German
Case C-279/21 X v Udlændingenævnet (Language test for foreign nationals)
Reference for a preliminary ruling – EEC-Turkey Association Agreement – Article 9 – Decision No 1/80 – Article 10(1) – Article 13 – Standstill clause – Family reunification – National rule introducing new more restrictive conditions in the area of family reunification for spouses of Turkish nationals who hold a permanent residence permit in the Member State concerned – Requirement that Turkish workers successfully take a test demonstrating a certain level of knowledge of the official language of that Member State – Justification – Objective of ensuring successful integration
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Joined Cases C-313/21 P and C-314/21 P Council v Commission and Commission v FI
Appeal – Article 182 of the Rules of Procedure of the Court of Justice – Civil service – Pension – Staff Regulations of Officials of the European Union – Article 20 of Annex VIII – Grant of a survivor’s pension – Surviving spouse of a former official who had been in receipt of invalidity allowance – Marriage entered into after that official had become eligible for invalidity allowance – Condition that the marriage must have lasted for at least five years at the date of the official’s death – Article 19 of Annex VIII – Marriage entered into before the official became eligible for invalidity allowance – No condition as to the minimum duration of the marriage – Plea of illegality in respect of Article 20 of Annex VIII – Charter of Fundamental Rights of the European Union – Article 20 – Principle of equal treatment – Article 21(1) – Principle of non-discrimination – Article 52(1) – No arbitrary or manifestly inappropriate differentiation in the light of the objective pursued by the EU legislature
Language of the case: French
Case C-332/21 Quadrant Amroq Beverages v Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Administrare a Marilor Contribuabili
Reference for a preliminary ruling – Harmonisation of fiscal legislation – Directive 92/83/EEC – Harmonisation of the structures of excise duties on alcohol and alcoholic beverages – Excise duty – Ethyl alcohol – Exemptions – Article 27(1)(e) – Production of flavours for the preparation of foodstuffs and non-alcoholic beverages with an alcohol strength not exceeding 1.2% volume – Scope – Principles of proportionality and effectiveness
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
Joined Cases C-341/21 P and C-357/21 P Commission v KM and Council v Commission
Appeal – Article 182 of the Rules of Procedure of the Court of Justice – Civil service – Pension – Staff Regulations of Officials of the European Union – Article 20 of Annex VIII – Grant of a survivor’s pension – Surviving spouse of a former official in receipt of a retirement pension – Marriage entered into after termination of that official’s service – Condition that the marriage must have lasted for at least five years at the date of the official’s death – Article 18 of Annex VIII – Marriage entered into before termination of the official’s service – Condition that the marriage must have lasted for at least one year only – Plea of illegality in respect of Article 20 of Annex VIII – Charter of Fundamental Rights of the European Union – Article 20 – Principle of equal treatment – Article 21(1) – Principle of non-discrimination on grounds of age – Article 52(1) – No arbitrary or manifestly inappropriate differentiation in the light of the objective pursued by the EU legislature
Language of the case: German
Joined Cases C-383/21 and C-384/21 Sambre & Biesme and Commune de Farciennes v SWL
Reference for a preliminary ruling – Public contracts – Directive 2014/24/EU – Award of the contract without initiating a tendering procedure – Public contracts between entities within the public sector – Article 12(3) – Public contracts subject to in-house awards – Concept of ‘similar control’ – Conditions – Representation of all participating contracting authorities – Article 12(4) – Contract between contracting authorities pursuing common public interest objectives – Concept of ‘cooperation’ – Conditions – Failure to transpose within the time limits laid down – Direct effect
Requests for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-392/21 TJ v Inspectoratul General pentru Imigrări (Acquisition of spectacles by a worker)
Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Directive 90/270/EEC – Article 9(3) – Work with display screen equipment – Protection of workers’ eyes and eyesight – Special corrective appliances – Spectacles – Acquisition by the employee – Arrangements for the employer to meet the costs
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
Case C-404/21 WP v Istituto nazionale della previdenza sociale and Repubblica italiana
Reference for a preliminary ruling – European Central Bank (ECB) staff members – Transfer of pension rights acquired in a national pension scheme to the ECB pension scheme – Article 4(3) TEU – Principle of sincere cooperation – ECB Conditions of Employment – Article 8 of Annex IIIa – No provision of national law or agreement between the Member State concerned and the ECB
Request for a preliminary ruling from the Tribunale Ordinario di Asti
Language of the case: Italian
Case C-553/21 Hauptzollamt Hamburg v Shell Deutschland Oil
Reference for a preliminary ruling – Directive 2003/96/EC – Taxation of energy products and electricity – Fourth indent of Article 5 – Differentiated rates of excise duty according to whether those products are for business or non-business use – Optional tax exemptions and reductions – Submission of an application for an optional tax reduction after the expiry of the period prescribed for that purpose but before the expiry of the period for assessment of the tax concerned – Principle of legal certainty – Principle of effectiveness – Principle of proportionality
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-656/21 IM Gestão de Ativos and Others v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Directive 2008/7/EC – Article 5(2)(a) – Indirect taxes on the raising of capital – Stamp duty on services relating to the marketing of shares in undertakings for collective investment in transferable securities
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
Case C-20/22 Syndicat Les Entreprises du Médicament v Ministre des Solidarités et de la Santé
Reference for a preliminary ruling – Medicinal products for human use – Directive 89/105/EEC – Transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of national health insurance systems – Article 4 – Price freeze imposed on all medicinal products or on certain categories of medicinal products – National measure concerning only certain medicinal products, on an individual basis – Setting a maximum price for sales to health establishments of certain medicinal products
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-68/22 P EIB v KL
Appeal – Civil service – Staff of the European Investment Bank (EIB) – Concept of ‘invalidity’ – Declaration of fitness to work – Unjustified absence – Action for annulment and for damages
Language of the case: French
Case C-98/22 Eurelec Trading and Scabel v Ministre de l’Économie et des Finances
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 1(1) – Concept of ‘civil and commercial matters’ – Action brought by a public authority seeking a declaration of the existence of restrictive practices, an order penalising those practices and an order that they cease
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
Information (on unpublished decisions)
Case C-653/20 P EUIPO v Vincenti
Appeal – Civil Service – Officials – Staff Regulations of Officials of the European Union – Article 45(1) – Promotion – Decision not to promote an official – Article 41(1) and (2)(a) of the Charter of Fundamental Rights of the European Union – Right to be heard – Duty to state reasons
Case C-324/22 P UNIS v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Social security – National organisation representing self-employed persons – Complaint to the European Commission – Article 153(4) TFEU – Competence of the Member States – Rejection of the complaint – Article 263 TFEU – No action brought for failure to fulfil obligations – Action not seeking annulment of an EU act – No challengeable act – Dismissal of the action as manifestly inadmissible – Appeal manifestly unfounded
Case C-571/22 P Unite the Union v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-594/22 P Gugler France v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-612/22 P Tigercat International v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-566/21 S v AA (Amendment of an unfair term)
Case C-550/22 P Compass Tex v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, coherence or development of EU law – Refusal to allow the appeal to proceed
Case C-625/21 VB v GUPFINGER Einrichtungsstudio
Case C-459/21 The Navigator Company and Navigator Pulp Figueira v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Value added tax (VAT) – Directive 2006/112/EC – Article 176 – Exclusions from the right to deduct VAT – Less favourable scheme compared to the mechanism for deducting expenses provided for in respect of a direct tax governed by national law – Principle of equivalence – Inapplicability
Case C-597/21 Centro Petroli Roma v Agenzia delle Dogane e dei Monopoli
Reference for a preliminary ruling – Articles 53 and 99 of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Exceptions to that obligation – Criteria – Situations in which the correct interpretation of EU law is so obvious as to leave no scope for any reasonable doubt – Condition related to the national court or tribunal of last instance being convinced that the matter would be equally obvious to the other courts or tribunals of last instance of the Member States and to the Court of Justice
Case C-144/22 Società Eredi Raimondo Bufarini v Ministero dell'Interno and Others
Reference for a preliminary ruling – Articles 53 and 99 of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Exceptions to that obligation – Criteria – Situations in which the correct interpretation of EU law is so obvious as to leave no scope for any reasonable doubt – Condition related to the national court or tribunal of last instance being convinced that the matter would be equally obvious to the other courts or tribunals of last instance of the Member States and to the Court of Justice
Case C-419/22 P Group Nivelles v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-315/22 P Aziz v EEAS
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Access to documents – Regulation (EC) No 1049/2001 – Documents allegedly held by the European External Action Service (EEAS) – Action directed against the implied rejection of the request for access to documents – Admissibility – Article 76(d) of the Rules of Procedure of the General Court – Sufficiently clear and precise statement of the pleas in law relied on – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-357/22 P Aziz v EDPS
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Protection of personal data – Regulation (EU) 2018/1725 – Refusal of access to personal data allegedly held by the European Commission and the European External Action Service (EEAS) – Complaints to the European Data Protection Supervisor (EDPS) following the refusal of access – Action directed against the implied rejection of the complaints – Admissibility – Article 76(d) of the Rules of Procedure of the General Court – Sufficiently clear and precise statement of the pleas in law relied on – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-559/22 P Vtesse Harlow v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Refusal of the European Commission to initiate proceedings for failure to fulfil obligations – Discretion of the Commission – Appeal manifestly unfounded
Case C-774/21 P NB v Court of Justice of the European Union
Removal from the Register
Case C-250/22 Fallimento Villa di Campo v Agenzia delle Entrate
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement that the national court indicate the relationship between the provisions of EU law the interpretation of which is sought and the national legislation applicable to the main proceedings – Lack of sufficient information – Manifest inadmissibility
Case C-125/20 Commission v Spain (Limit values – NO2)
Case C-246/21 P Parliament v Moi
Appeal – Law governing the institutions – Member of the European Parliament – Principle of ne ultra petita – Subject matter of the dispute – Rights of the defence – Article 232 TFEU – Operating arrangements of the Parliament – Sixth paragraph of Article 263 TFEU – Time limit for bringing proceedings – Cross-appeal
Case C-288/21 P Universität Koblenz-Landau v EACEA
Case C-82/22 P Jalkh v Parliament
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Member of the European Parliament – Protocol (No 7) on the privileges and immunities of the European Union – Third paragraph of Article 9 – Decision to waive parliamentary immunity – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-204/22 :
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Concept of a ‘court or tribunal’ – Criteria relating to the constitution and function of that body – Exercise of judicial or administrative functions – Duty of cooperation of the body making the reference – Directives 89/665/EEC and 2014/24/EU – Public procurement – National supervisory body for public procurement procedures – Entitlement to act on an ex officio basis – Power to impose penalties – Decisions that are open to challenge before the courts – No dispute before the referring body – Manifest inadmissibility of the request for a preliminary ruling
January 2023
Case C-289/22 A.T.S. 2003 v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Article 99 of the Rules of Procedure – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Articles 167, 168 and 178 – Right to deduct input VAT – Tax evasion – Proof – Duty of care of the taxable person – Consideration of an infringement of the national provisions governing the supply of services at issue
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-469/22 Ambisig v Fundação do Desporto and Others
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Public procurement of service, supply and works contracts – Directive 2014/24/EU – Conduct of the procedure – Choice of participants and award of contracts – Article 63 – Economic operator relying on the capacities of another entity in order to meet the requirements of the contracting authority – Obligation of that economic operator to submit the qualification documents of a subcontractor after the tender has been awarded – Incompatibility
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-883/19 P HSBC Holdings and Others v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Euro Interest Rate Derivatives sector – Decision establishing an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Manipulation of the Euribor interbank reference rates – Exchange of confidential information – Restriction of competition by object – Characterisation – Taking into account of procompetitive effects – Single and continuous infringement – ‘Hybrid’ procedure having led successively to the adoption of a settlement decision and a decision made under the ordinary procedure – Charter of Fundamental Rights of the European Union – Article 41 – Right to good administration – Article 48 – Presumption of innocence
Language of the case: English
Joined Cases C-702/20 and C-17/21 DOBELES HES v Sabiedrisko pakalpojumu regulēšanas komisija
Reference for a preliminary ruling – State aid – Article 107(1) TFEU – National legislation imposing an obligation on the public operator to purchase from renewable energy producers at a price higher than the market price – Failure to pay a portion of the aid concerned – Application for compensation submitted by those producers to a public authority distinct from that which is, in principle, required, under that national legislation, to pay that aid and whose budget is intended solely to ensure its own operation – New aid – Notification requirement – De minimis aid – Regulation (EU) No 1407/2013 – Article 5(2) – Cumulation – Taking into account the amounts of aid already received during the reference period on the basis of that national legislation
Requests for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
Case C-42/21 P Lietuvos geležinkeliai v Commission
Appeal – Competition – Abuse of dominant position – Rail freight market – Decision finding an infringement of Article 102 TFEU – Access by third-party undertakings to infrastructure managed by Lithuania’s national railway company – Removal of a section of railway track – Concept of ‘abuse’ – Actual or likely exclusion of a competitor – Exercise by the General Court of its powers of unlimited jurisdiction – Reduction of the fine
Language of the case: English
Case C-57/21 RegioJet v České dráhy
Reference for a preliminary ruling – Competition – Abuse of a dominant position – Rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union – Directive 2014/104/EU – Articles 5 and 6 – Disclosure of evidence – Evidence in a competition authority’s file – Proceedings relating to an infringement of competition rules pending before the European Commission – National proceedings relating to an action for damages with regard to the same infringement – Conditions for the disclosure of evidence
Request for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
Case C-132/21 BE v Nemzeti Adatvédelmi és Információszabadság Hatóság
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Articles 77 to 79 – Remedies – Parallel exercise – Relationship – Procedural autonomy – Effectiveness of the protection rules established by that regulation – Consistent and homogeneous application of those rules throughout the European Union – Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-154/21 RW v Österreichische Post (Information regarding the recipients of personal data)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 15(1)(c) – Data subject’s right of access to his or her data – Information about the recipients or categories of recipient to whom the personal data have been or will be disclosed – Restrictions
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-280/21 P.I. v Migracijos departamentas prie Lietuvos Respublikos vidaus reikalų ministerijos (Reasons for persecution on the ground of political opinion)
Reference for a preliminary ruling – Area of freedom, security and justice – Common asylum policy – Eligibility for refugee status – Directive 2011/95/EU – Article 10(1)(e) and (2) – Reasons for persecution – Concepts of ‘political opinion’ and ‘attributed political opinion’ – Attempts by an applicant for asylum to defend himself, in his country of origin, by legal means against non-State actors acting illegally and in a position to exploit the mechanism by which that State imposes penalties for criminal offences
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Joined Cases C-323/21 to C-325/21 Staatssecretaris van Justitie en Veiligheid v B. and F. and K. v Staatssecretaris van Justitie en Veiligheid (Time limit for transfer – Multiple applications)
References for a preliminary ruling – Regulation (EU) No 604/2013 – Determining the Member State responsible for examining an application for international protection – Lodging of multiple applications for international protection in three Member States – Article 29 – Time limit for transfer – Expiry – Transfer of responsibility for examining the application – Article 27 – Remedy – Scope of judicial review – Possibility for the applicant to rely on the transfer of responsibility for examining the application
Requests for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-356/21 J.K. v TP (Audiovisual editor for public television)
Reference for a preliminary ruling – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 3(1)(a) and (c) – Conditions for access to self-employment – Employment and working conditions – Prohibition of discrimination based on sexual orientation – Self-employed person working on the basis of a contract for specific work – Termination and non-renewal of contract – Freedom to choose a contracting party
Request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie
Language of the case: Polish
Case C-395/21 D.V. v M.A. (Lawyers' fees – Principle of an hourly rate)
Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Contract for the provision of legal services concluded between a lawyer and a consumer – Article 4(2) – Assessment of the unfairness of contractual terms – Exclusion of terms relating to the main subject matter of the contract – Term providing for the payment of lawyers’ fees on the basis of an hourly rate – Article 6(1) – Powers of the national court when dealing with a term considered to be ‘unfair’
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-396/21 KT and NS v FTI Touristik (Package travel to the Canary Islands)
Reference for a preliminary ruling – Directive (EU) 2015/2302 – Article 14(1) – Package travel and linked travel arrangements – Performance of a package travel contract – Liability of the organiser concerned – Measures to fight the worldwide spread of an infectious disease – COVID-19 pandemic – Restrictions imposed at the travel destination and in the place of residence of the traveller concerned and in other countries – Lack of conformity of the services provided as part of the package concerned – Appropriate reduction in the price of that package
Request for a preliminary ruling from the Landgericht München I
Language of the case: German
Case C-719/21 P Jouvin v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Complaint submitted to the European Commission – Commission Decision rejecting the complaint – Action for annulment – Time limit for lodging a response
Language of the case: French
Case C-583/22 PPU Criminal proceedings against MV (Formation of a cumulative sentence)
Reference for a preliminary ruling – Area of freedom, security and justice – Police and judicial cooperation in criminal matters – Framework Decision 2008/675/JHA – Article 3(1) – Principle of assimilation of earlier convictions handed down in another Member State – Obligation to ensure that the effects attached to those convictions are equivalent to those attached to previous national convictions – National rules concerning subsequent formation of a cumulative sentence – Multiple offences – Determination of an aggregate sentence – Maximum of 15 years for non-life custodial sentences – Article 3(5) – Exception – Offence committed before the handing down or execution of sentences in another Member State
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-632/20 P Spain v Commission
Appeal – External relations – Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part – Electronic communications – Regulation (EU) 2018/1971 – Body of European Regulators for Electronic Communications (BEREC) – Article 35(2) – Participation of the regulatory authority of Kosovo in that body – Concepts of ‘third country’ and ‘third State’ – Competence of the European Commission
Language of the case: Spanish
Case C-680/20 Unilever Italia Mkt. Operations v Autorità Garante della Concorrenza e del Mercato
Reference for a preliminary ruling – Competition – Article 102 TFEU – Dominant position – Imputation, to the producer, of actions of its distributors – Existence of contractual links between the producer and the distributors – Concept of ‘economic unit’ – Scope – Abuse – Exclusivity clause – Need to demonstrate the effects on the market
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-147/21 CIHEF and Others v Ministre de la Transition écologique and Premier ministre
Reference for a preliminary ruling – Approximation of laws – Biocidal products – Regulation (EU) No 528/2012 – Article 72 – Free movement of goods – Article 34 TFEU – Possibility for Member States to adopt restrictive measures on commercial and advertising practices – Selling arrangements falling outside the scope of Article 34 TFEU – Whether justified – Article 36 TFEU – Objective of protecting human and animal health and the environment – Proportionality
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-162/21 Pesticide Action Network Europe and Others v État belge
Reference for a preliminary ruling – Environment – Regulation (EC) No 1107/2009 – Placing of plant protection products on the market – Article 53(1) – Emergency situations in plant protection – Derogation – Scope – Seeds treated with plant protection products – Neonicotinoids – Active substances posing high risks to bees – Prohibition of the placing on the market and outside use of seeds treated with plant protection products containing those active substances – Implementing Regulation (EU) 2018/784 and Implementing Regulation (EU) 2018/785 – Non-applicability of the derogation – Protection of human and animal health and the environment – Precautionary principle
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
Case C-292/21 Administración General del Estado and Others v AUDICA and Ministerio Fiscal
Reference for a preliminary ruling – Directive 2006/123/EC – Services in the internal market – Article 2(2)(d) – Substantive scope – Service in the field of transport – Provision of road safety awareness and re-education courses for the recovery of driving licence points – Concession to operate a public service – Article 15 – Requirements – Division of the relevant territory into five lots – Quantitative and territorial limit on access to the activity concerned – Overriding reasons in the public interest – Whether justified – Road safety – Proportionality – Service of general economic interest
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Joined Cases C-495/21 and C-496/21 L. GmbH and H. Ltd v Bundesrepublik Deutschland (Nasal drops)
Reference for a preliminary ruling – Medical devices – Directive 93/42/EEC – Article 1(2)(a) – Definition – Article 1(5)(c) – Scope – Medicinal products for human use – Directive 2001/83/EC – Article 1(2) – Definition of the concept of ‘medicinal product’ – Article 2(2) – Applicable legal framework – Classification as a ‘medical device’ or as a ‘medicinal product’
Requests for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-205/21 Criminal proceedings against V.S. (Recording of biometric and genetic data by the police)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Directive (EU) 2016/680 – Article 4(1)(a) to (c) – Principles relating to processing of personal data – Purpose limitation – Data minimisation – Article 6(a) – Clear distinction between personal data of different categories of data subjects – Article 8 – Lawfulness of processing – Article 10 – Transposition – Processing of biometric data and genetic data – Concept of ‘processing authorised by Member State law’ – Concept of ‘strictly necessary’ – Discretion – Charter of Fundamental Rights of the European Union – Articles 7, 8, 47, 48 and 52 – Right to effective judicial protection – Presumption of innocence – Limitation – Intentional criminal offence subject to public prosecution – Accused persons – Collection of photographic and dactyloscopic data in order for them to be entered in a record and taking of a biological sample for the purpose of creating a DNA profile – Procedure for enforcement of collection – Systematic nature of the collection
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-403/21 Construct v Judeţul Timiş
Reference for a preliminary ruling – Article 267 TFEU – Definition of ‘court or tribunal of a Member State’ – Criteria – Independence and compulsory nature of the jurisdiction of the national body concerned – Stability of the members of that body – Directive 2014/24/EU – Public procurement procedures – Article 58 – Selection criteria – Possibility of including, amongst those criteria, obligations under special laws applicable to the activities connected with the contract in question and not set out as a criterion for selection in the procurement documents – Article 63(1) – Tenderer relying on the capacities of another entity in order to meet the requirements of the contracting authority – Not possible to require recourse to subcontracting
Request for a preliminary ruling from the Consiliul Naţional de Soluţionare a Contestaţiilor
Language of the case: Romanian
Case C-469/21 CGCOF v Administración General del Estado
Reference for a preliminary ruling – Medicinal products for human use – Delegated Regulation (EU) 2016/161 – Repositories system containing information on safety features – Creation of an interface integrated into the national repository and managed by the public authorities – Obligation to use a specific application for certain medicinal products
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-613/21 P Parliament v Carbajo Ferrero
Appeal – Civil service – Officials – Procedure for appointment to a post of Director – Vacancy notice and recruitment notice – Rejection of the candidate’s application and appointment of another candidate – Irregularity in the recruitment procedure – Manifest error of assessment – Transparency – Equal treatment
Language of the case: French
Case C-682/21 HSC Baltic and Others v Vilniaus miesto savivaldybės administracija and Others
Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Article 57(4)(g) – Optional ground for exclusion linked to deficiencies in the context of a prior contract – Contract awarded to a group of economic operators – Early termination of that contract – Automatic inclusion of all members of the group on a list of unreliable suppliers – Principle of proportionality – Directive 89/665/EEC – Article 1(1) and (3) – Right to an effective remedy
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-580/22 P bonnanwalt v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal allowed to proceed
Language of the case: German
Case C-158/21 Criminal proceedings against Puig Gordi and Others
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Surrender procedures between Member States – Conditions for execution – Jurisdiction of the issuing judicial authority – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Right of access to a tribunal previously established by law – Possibility of issuing a new European arrest warrant relating to the same person
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-284/21 P Commission v Braesch and Others
Appeal – State aid – Articles 107 and 108 TFEU – Restructuring aid – Banking sector – Preliminary examination stage – Decision declaring the aid compatible with the internal market – Restructuring plan – Commitments given by the Member State concerned – Burden-sharing measures – Conversion of subordinated debts into equity – Bondholders – Action for annulment – Admissibility – Fourth paragraph of Article 263 TFEU – Locus standi – Natural or legal person directly and individually concerned – Breach of the procedural rights of interested parties – Failure to initiate the formal investigation procedure – Article 108(2) TFEU – Concept of ‘parties concerned’ – Regulation (EU) 2015/1589 – Article 1(h) – Concept of ‘interested party’ – National measures taken into account by the European Commission – Inadmissibility of the action
Language of the case: English
Information (on unpublished decisions)
Case C-506/22 Criminal proceedings against SNI
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court – Requirement to provide reasons justifying the need for an answer from the Court – Requirement to state the link between the provisions of European Union law whose interpretation is sought and the applicable national legislation – Lack of sufficient details – Manifest inadmissibility
Case C-574/20 XO v Finanzamt Österreich
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court – Social security – Family benefits – Indexation based on price – Answer to a question referred for a preliminary ruling which may be clearly deduced from existing case-law – No connection between the question referred for a preliminary ruling and the dispute in the main proceedings – Question manifestly inadmissible
Case C-729/21 W. v Dyrektor Izby Administracji Skarbowej w Łodzi
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Directive 2006/112/EC – Value added tax (VAT) – Article 19 – Concept of ‘transfer of a totality of assets or part thereof’ – Contract of sale relating to a shopping centre – Transfer of an undertaking – Partial transfer of the tangible and intangible assets of the undertaking
Case C-379/21 :
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice – Consumer credit – Directive 93/13/EEC – Article 6(1) – Unfair terms – Refusal to issue an immediate order for payment in the event of a claim based on an unfair term – Consequences relating to the unfairness of a contractual term – Directions from a higher court not observing those consequences
Case C-137/22 P Theodorakis and Theodoraki v Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Economic and monetary policy – Stability support programme for Cyprus – Political agreement concluded between the Eurogroup and the Cypriot authorities concerning, inter alia, the restructuring of the banking sector in Cyprus – Action for compensation – Designation of the defendant – Concept of ‘institution’ – Appeal manifestly unfounded
Case C-410/22 KL and Others v Skarb Państwa and Others
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to provide reasons justifying the need for an answer from the Court – Lack of sufficient information – Manifest inadmissibility
Case C-476/22 D.-F. v D. L.
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to provide reasons justifying the need for an answer from the Court – Lack of sufficient information – Manifest inadmissibility
February 2023
Joined Cases C-649/20 P, C-658/20 P and C-662/20 P Spain and Others v Commission
Appeal – State aid – Article 107(1) TFEU – Tax regime applicable to certain finance lease agreements for the purchase of ships (Spanish tax lease system) – Condition relating to selectivity – Obligation to state reasons – Principle of the protection of legitimate expectations – Principle of legal certainty – Recovery of the aid
Language of the case: Spanish
Case C-208/21 K.D. v Towarzystwo Ubezpieczeń Ż (Misleading standard assurance contracts)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 5 – Obligation to draft contractual clauses in plain intelligible language – Directive 2005/29/EC – Unfair business-to-consumer commercial practices – Article 3 – Scope – Article 7 – Misleading omission – Article 13 – Penalties – ‘Unit-linked’ life assurance contracts linked to investment funds – Information on the nature and structure of the assurance product and the risks associated with that product – Misleading standard contracts – Entity that is responsible – Legal consequences
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Woli w Warszawie
Language of the case: Polish
Case C-372/21 Freikirche der Siebenten-Tags-Adventisten in Deutschland v Bildungsdirektion für Vorarlberg
Reference for a preliminary ruling – Status under EU law of churches and religious associations or communities in the Member States – Article 17(1) TFEU – Freedom of establishment – Article 49 TFEU – Restrictions – Justification – Proportionality – Subsidies for a private school – Application submitted by a religious society established in another Member State – Establishment recognised by that society as a denominational school
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-676/21 Proceedings brought by A (Vehicle tax)
Reference for a preliminary ruling – Internal taxation – Article 110 TFEU – Motor vehicles – Tax on vehicles – Second-hand vehicles imported from other Member States – Second-hand vehicles exported to other Member States – Refund of that tax on export – Restriction on that refund to vehicles which were put into circulation less than ten years ago
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-806/21 Criminal proceedings against TF (Drug precursors)
Reference for a preliminary ruling – Drug precursors – Framework Decision 2004/757/JHA – Article 2(1)(d) – Person involved in the transport and distribution of precursors used for the illicit production or manufacture of drugs – Regulation (EC) No 273/2004 – Scheduled substances – Article 2 – Concept of ‘operator’ – Article 8(1) – Circumstances suggesting that scheduled substances might be diverted for the illicit manufacture of narcotic drugs or psychotropic substances – Obligation to notify those circumstances – Concept of ‘circumstance’ – Scope
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-688/21 Confédération paysanne and Others v Premier ministre and Ministre de l'Agriculture et de l'Alimentation (In vitro random mutagenesis)
Reference for a preliminary ruling – Environment – Deliberate release of genetically modified organisms – Directive 2001/18/EC – Article 3(1) – Point 1 of Annex I B – Scope – Exemptions – Techniques/methods of genetic modification which have conventionally been used and have a long safety record – In vitro random mutagenesis
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-402/21 Staatssecretaris van Justitie en Veiligheid and Others v S and Staatssecretaris van Justitie en Veiligheid (Withdrawal of the right of residence of a Turkish worker)
Reference for a preliminary ruling – EEC-Turkey Association Agreement – Decision No 1/80 – Articles 6 and 7 – Turkish nationals already integrated into the labour market of the host Member State and enjoying an associated right of residence – Decisions of national authorities withdrawing the right of residence of Turkish nationals who have been lawfully resident in the Member State concerned for more than 20 years on the ground that they constitute a present, genuine and sufficiently serious threat to a fundamental interest of society – Article 13 – Standstill clause – Article 14 – Justification – Grounds of public policy
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-453/21 X-FAB Dresden v FC
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 38(3) – Data protection officer – Prohibition on dismissing data protection officer for performing his or her tasks – Requirement for functional independence – National legislation prohibiting the dismissal of a data protection officer without just cause – Article 38(6) – Conflict of interests – Criteria
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-482/21 Euler Hermes v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 90 – Taxable amount – Reduction – Insurer paying compensation to policyholders for unpaid debts, including VAT – National legislation denying that insurer, as legal successor, the reduction of the taxable amount – Principle of fiscal neutrality – Principle of effectiveness
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-555/21 UniCredit Bank Austria v Verein für Konsumenteninformation
Reference for a preliminary ruling – Consumer protection – Directive 2014/17/EU – Credit agreements for consumers relating to residential immovable property – Article 25(1) – Early repayment – Consumer’s right to a reduction in the total cost of the credit, consisting of the interest and the costs for the remaining duration of the contract – Article 4(13) – Concept of ‘total cost of the credit to the consumer’ – Costs that are independent of the duration of the agreement
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-635/21 LB v Hauptzollamt D (Air loungers)
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Combined Nomenclature – Tariff classification – Heading 9401 – Scope – Air sofas (‘air loungers’)
Request for a preliminary ruling from the Finanzgericht Bremen
Language of the case: German
Case C-788/21 Skatteministeriet Departementet v Global Gravity
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Classification of goods – Combined Nomenclature – Subheadings 7616 99 90 and 8609 00 90 – Tubular Transport Running-system (TubeLock) – Meaning of ‘container’
Request for a preliminary ruling from the Retten i Esbjerg
Language of the case: Danish
Case C-53/22 VZ v CA (Tenderer definitively excluded)
Reference for a preliminary ruling – Review procedures in respect of the award of public supply and public works contracts – Directive 89/665/EEC – Article 1(3) – Interest in bringing proceedings – Access to the review procedures – Grave professional misconduct on account of an anticompetitive agreement – Other operator definitively excluded from participating in the procurement procedure concerned due to failure to meet the minimum requirements
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia
Language of the case: Italian
Case C-484/22 Bundesrepublik Deutschland v GS
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Immigration policy – Return of illegally staying third-country nationals – Directive 2008/115/EC – Article 5(a) and (b) – Return decision adopted in respect of a third-country national – Minor third-country national separated from parents in the event of return – Best interests of the child – Right to respect for family life
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-623/20 P Commission v Italy
Appeal – Rules on languages – Notice of open competition for the recruitment of administrators in the field of audit – Knowledge of languages – Restriction of the choice of the second competition language to English, French and German – Language of communication with the European Personnel Selection Office (EPSO) – Regulation No 1 – Staff Regulations of Officials – Article 1d(1) – Difference in treatment based on language – Justification – Interests of the service – Requirement to recruit administrators who are ‘immediately operational’ – Judicial review – Standard of proof required
Language of the case: Italian
Case C-635/20 P Commission v Italy and Spain
Appeal – Rules on languages – Notice of open competitions for the recruitment of administrators’ functions as investigators and team leaders – Knowledge of languages – Restriction of the choice of the second competition language to English, French and German – Language of communication with the European Personnel Selection Office (EPSO) – Regulation No 1 – Staff Regulations – Article 1d(1) – Difference in treatment based on language – Justification – Interests of the service – Requirement to recruit administrators who are ‘immediately operational’ – Judicial review – Standard of proof required
Language of the case: Italian
Case C-707/20 Gallaher v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling – Direct taxation – Corporate income tax – Articles 49, 63 and 64 TFEU – Freedom of establishment – Free movement of capital – Disposal of assets within a group of companies – Company resident for tax purposes in one Member State having a parent company resident for tax purposes in another Member State and a sister company resident for tax purposes in a third country – Disposal of intellectual property rights of the company resident for tax purposes in a Member State to its sister company resident for tax purposes in a third country – Disposal by the company resident for tax purposes in a Member State of shares in one of its subsidiaries to its parent company resident for tax purposes in another Member State – Consideration equal to the market value of the assets transferred – Exemption from tax or imposition of tax depending on the State in which the beneficiary company has its seat
Request for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
Case C-312/21 Tráficos Manuel Ferrer and Ignacio v Daimler
Reference for a preliminary ruling – Competition – Compensation for harm caused by a practice prohibited under Article 101(1) TFEU – Decision of the Commission finding the existence of collusive arrangements on pricing and gross price increases for trucks in the European Economic Area (EEA) – National rule of civil procedure under which, in the event that the claim is upheld in part, costs are to be borne by each party, except in cases of wrongful conduct – Procedural autonomy of the Member States – Principles of effectiveness and equivalence – Directive 2014/104/EU – Objectives and overall balance – Article 3 – Right to full compensation for the harm suffered – Article 11(1) – Joint and several liability of the undertakings that infringe competition law – Article 17(1) – Possibility for national courts to estimate the harm – Conditions – Impossibility or unreasonable difficulties in quantifying harm – Article 22 – Temporal application
Request for a preliminary ruling from the Juzgado de lo Mercantil Valencia
Language of the case: Spanish
Case C-343/21 PV v Zamestnik izpalnitelen direktor na Darzhaven fond 'Zemedelie'
Reference for a preliminary ruling – Common agricultural policy – Support measures for rural development by the European Agricultural Fund for Rural Development – Agri-environmental payments – Regulation (EC) No 1974/2006 – Inability of the beneficiaries to continue to comply with the commitments given – Concepts of ‘reparcelling’ and ‘land-consolidation measures’ – Absence of measures necessary to adapt the obligations of the beneficiary to the new situation of the holding – Regulation (EC) No 1122/2009 – Concept of ‘force majeure and exceptional circumstances’
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-349/21 HYA and Others (Grounds for authorising telephone tapping)
Reference for a preliminary ruling – Telecommunications sector – Processing of personal data and the protection of privacy – Directive 2002/58 – Article 15(1) – Restriction of the confidentiality of electronic communications – Judicial decision authorising the interception, recording and storage of telephone conversations of persons suspected of having committed a serious intentional offence – Practice whereby the decision is drawn up in accordance with a pre-drafted template text that does not contain individualised reasons – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Obligation to state reasons
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-393/21 Lufthansa Technik AERO Alzey v Arik Air and Others
Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 805/2004 – European Enforcement Order for uncontested claims – Article 23(c) – Stay of enforcement of a judgment certified as a European Enforcement Order – Exceptional circumstances – Concept
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-472/21 Monz Handelsgesellschaft International v Büchel Fahrzeugtechnik
Reference for a preliminary ruling – Intellectual property – Design – Directive 98/71/EC – Article 3(3) and (4) – Conditions for obtaining protection for a component part of a complex product – Concepts of ‘visibility’ and ‘normal use’ – Visibility of a component part of a complex product during normal use of that product by the end user
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-519/21 ASA v DGRFP Cluj
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Construction of a building complex by an association without legal personality – Association contract – Sale of the apartments of that building complex by certain members – Determination of the taxable person liable for the tax – Principle of fiscal neutrality – Right to deduct VAT
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
Joined Cases C-524/21 and C-525/21 IG and Agenţia Municipală pentru Ocuparea Forţei de Muncă Bucureşti v Agenţia Judeţeană de Ocupare a Forţei de Muncă Ilfov and IM
Reference for a preliminary ruling – Social policy – Protection of employees in the event of their employer’s insolvency – Directive 2008/94/EC – Employees’ salary claims borne by guarantee institutions – Limitation of the liability of guarantee institutions to employees’ salary claims relating to the three months prior or subsequent to the date on which insolvency proceedings are opened – Application of a limitation period – Recovery of payments unduly made by the guarantee institution – Conditions
Requests for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-710/21 IEF Service v HB
Reference for a preliminary ruling – Social policy – Protection of employees in the event of the insolvency of their employer – Directive 2008/94/EC – Article 9(1) – Undertaking that has its registered office in one Member State and offers its services in another Member State – Worker whose place of residence is in that other Member State – Work performed in the Member State in which the worker’s employer has its registered office and, one week out of two, in the Member State in which the worker resides – Determining which Member State’s guarantee institution is responsible for meeting outstanding wage claims
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-745/21 L.G. v Staatssecretaris van Justitie en Veiligheid (Unborn child at the time of the asylum application)
Reference for a preliminary ruling – Asylum policy – Regulation (EU) No 604/2013 – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Article 6(1) – Best interests of the child – Article 16(1) – Dependent person – Article 17(1) – Discretionary clauses – Implementation by a Member State – Third-country national pregnant at the time of lodging her application for international protection – Marriage – Spouse beneficiary of international protection in the Member State concerned – Decision refusing to process the application and to transfer the applicant to another Member State deemed to be responsible for the application
Request for a preliminary ruling from the Rechtbank den Haag zittingsplaats Zwolle
Language of the case: Dutch
Case C-530/22 Dunaj-Finanse v KG
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Rail transport – Passengers’ rights and obligations – Regulation (EC) No 1371/2007 – Article 3(8) – Transport contract – Concept – Passenger without a ticket at the time of boarding a train – Consumer protection
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy - Śródmieścia w Warszawie
Language of the case: Polish
Case C-638/22 PPU T.C. and Others (Suspension of the return decision)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Area of freedom, security and justice – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – International child abduction – 1980 Hague Convention – Regulation (EC) No 2201/2003 – Article 11 – Application for return of a child – Final decision ordering the return of a child – Legislation of a Member State providing for automatic suspension of the enforcement of that decision in the event that a request is made by certain national authorities
Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie
Language of the case: Polish
Case C-695/20 Fenix International v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling – Implementing power of the Council of the European Union – Article 291(2) TFEU – Common system of value added tax (VAT) – Directive 2006/112/EC – Articles 28 and 397 – Taxable person, acting in his or her own name but on behalf of another person – Provider of services by electronic means – Implementing Regulation (EU) No 282/2011 – Article 9a – Presumption – Validity
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
Information (on unpublished decisions)
Case C-702/22 P Balaban v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-783/22 P Bilkiewicz v EUIPO
Appeal – EU trade mark – Article 170a(1) of the Rules of Procedure of the Court of Justice – Formal requirements for an appeal – No request that the appeal be allowed to proceed – Appeal inadmissible
Case C-520/22 HOREZZA v Úrad pre verejné obstarávanie
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Definition of ‘court or tribunal’ – Appellate body of a national supervisory authority for public procurement procedures – Independence – Status as third party in relation to the authority which adopted the contested decision – Manifest inadmissibility of the request for a preliminary ruling
Case C-521/22 KONŠTRUKTA – Defence v Úrad pre verejné obstarávanie
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Definition of ‘court or tribunal’ – Appellate body of a national supervisory authority for public procurement procedures – Independence – Status as third party in relation to the authority which adopted the contested decision – Manifest inadmissibility of the request for a preliminary ruling
Case C-342/21 Commission v Slovakia (Limit values– PM10)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and persistent exceeding of the limit values applicable to microparticles (PM10) in certain zones of Slovakia – Article 23(1) – Annex XV – Period during which those limit values are exceeded ‘as short as possible’ – Appropriate measures
Case C-668/21 Druvnieks v Lauku atbalsta dienests
Reference for a preliminary ruling – Agriculture – Common agricultural policy – Support for rural development – Common rules – Regulation (EU) No 1306/2013 – Article 60 – Circumvention clause – Concept of ‘artificially created conditions’ – Rejection of an application for aid in view of the situation of an undertaking belonging to the same proprietor as the undertaking which applied for the aid concerned
Case C-708/21 P Boshab v Council
Appeal – Common foreign and security policy – Restrictive measures directed against certain persons and entities in view of the situation in the Democratic Republic of the Congo – Regulation (EC) No 1183/2005 – Article 2b and Article 9(2) – Decision 2010/788/CFSP – Article 3(2) and Article 9(2) – Applicant continuing to be included on the lists of persons and entities subject to restrictive measures – Decision (CFSP) 2019/2109 – Implementing Regulation (EU) 2019/2101
Case C-713/21 A v Finanzamt X (Supplies of the owner of a stable)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Concept of ‘supplies of services for consideration’ – Single supply consisting in the stabling and training of horses as well as their participation in competitions – Remuneration by assigning half of the claim to prize money corresponding to the prizes won by horses in competitions
Case C-527/22 P Equinoccio-Compañía de Comercio Exterior v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for annulment – Public supply contracts – Instrument for Pre-Accession Assistance for Türkiye – National public procurement – Tendering procedure – Service contract for the supply of technical assistance for the activation of the ‘Specialty Foods Cluster’ in the Southeast Anatolia Region (EuropeAid/134403/IH/SER/TR) – Termination of the contract – Call on a bank guarantee by the Turkish authorities – Countersignature by the Delegation of the European Union to Türkiye of the request for payment – Appeal manifestly unfounded
Case C-546/21 P Fundacja Instytut na rzecz Kultury Prawnej Ordo Iuris v Parliament
Appeal – Action for annulment – Article 19 of the Statute of the Court of Justice of the European Union – Representation of parties in direct actions before the Courts of the European Union – Lawyer representing the applicant as a third party – Requirement of independence – Lawyer practicing in the same firm as the applicant’s president
Case C-633/21 Commission v Greece (Limit values – ΝΟ2)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and persistent exceedance of the limit values for nitrogen dioxide (NO2) in the agglomeration of Athens (Greece) – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures
Case C-675/21 Strong Charon v 2045-Empresa de Segurança and FL
Reference for a preliminary ruling – Social policy – Transfers of undertakings – Safeguarding of employees’ rights – Directive 2001/23/EC – Scope – Refusal by the transferee to recognise the transfer of the employment contract – Definition of ‘transfer’ – Definition of ‘economic unit’ – Absence of a contractual link between the transferor and the transferee
Case C-483/22 KI v YB and JN (Transfer of a Portuguese notary's office)
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to present the factual and regulatory context of the dispute in the main proceedings – Lack of sufficient information – Manifest inadmissibility
Case C-507/22 P Novais v Portugal
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Article 265 TFUE – Action for failure to act brought against a national court or tribunal – Manifest lack of jurisdiction of the General Court of the European Union – Appeal manifestly unfounded
Case C-586/22 P Pombo da Silva v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for failure to act – Failure of the European Commission to initiate proceedings for failure to fulfil obligations – Discretionary power of the Commission – Appeal manifestly unfounded
Case C-592/22 P Novais v Portugal
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Article 265 TFEU – Action for failure to act brought against a national court or tribunal – Manifest lack of jurisdiction of the General Court of the European Union – Appeal manifestly unfounded
Case C-681/22 P Olimp Laboratories v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-285/21 Dalarjo and Others v Renault Trucks Sasu
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Agreements, decisions and concerted practices – Actions for damages for infringements of the provisions of EU competition law – European Commission decision finding an infringement – Specialised trucks – Articulated dumper
Case C-254/22 AW and PN v Caixabank
Reference for a preliminary ruling – Articles 53 and 99 of the Rules of Procedure of the Court – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Directive 2014/17/EU – Mortgage loan – Variable interest rate – Term providing for the application of an interest rate calculated on the basis of a mortgage loan reference index (IRPH) plus 0.50% – Criteria for assessing whether such a term is unfair – Requirements of good faith, balance and transparency – Consequences of a finding that the term is unfair
Case C-596/22 J.O. v Kreis Gütersloh
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Environment – Assessment of the effects of certain public and private projects on the environment – Directive 2011/92/EU – Obligation to carry out an environmental impact assessment or a case-by-case examination – Cumulative effects of projects – Construction of a building for the rearing of broilers adjacent to similar buildings
March 2023
Case C-31/21 Eurocostruzioni v Regione Calabria
Reference for a preliminary ruling – Structural Funds – Regulation (EC) No 1685/2000 – Eligibility of expenditure – Requirement of proof of payment – Receipted invoices – Accounting documents of equivalent probative value – Construction undertaken directly by the final beneficiary
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-78/21 PrivatBank and Others v Finanšu un kapitāla tirgus komisija
Reference for a preliminary ruling – Articles 56 and 63 TFEU – Freedom to provide services – Free movement of capital – National measure imposing an obligation on a credit institution to terminate business relationships with non-nationals or no longer to enter into such relationships – Restriction – Article 65(1)(b) TFEU – Justification – Directive (EU) 2015/849 – Prevention of the use of the financial system for the purpose of money laundering and terrorist financing – Proportionality
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
Case C-268/21 Norra Stockholm Bygg v Per Nycander
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 6(3) and (4) – Lawfulness of processing – Production of a document containing personal data in civil court proceedings – Article 23(1)(f) and (j) – Protection of judicial independence and judicial proceedings – Enforcement of civil law claims – Requirements to be complied with – Having regard to the interests of the data subjects – Balancing of the opposing interests involved – Article 5 – Minimisation of personal data – Charter of Fundamental Rights of the European Union – Article 7 – Right to respect for private life – Article 8 – Right to protection of personal data – Article 47 – Right to effective judicial protection – Principle of proportionality
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
Case C-270/21 A (Nursery school teacher)
Reference for a preliminary ruling – Freedom of movement for workers – Recognition of professional qualifications in a Member State – Directive 2005/36/EC – Right to exercise the profession of nursery school teacher – Regulated profession – Right of access to the profession on the basis of a diploma issued in the home Member State – Professional qualification obtained in a third country
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-394/21 Bursa Română de Mărfuri v ANRE
Reference for a preliminary ruling – Internal market for electricity – Directive 2009/72/EC – Regulation (EU) 2019/943 – Article 1(b) and (c) and Article 3 – Principles regarding the operation of electricity markets – Regulation (EU) 2015/1222 – Article 5(1) – Nominated electricity market operator – National legal monopoly for day-ahead and intraday trading services – National legislation providing for a monopoly for short-, medium- and long-term wholesale trading of electricity
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Joined Cases C-410/21 and C-661/21 Criminal proceedings against FU and Others
Reference for a preliminary ruling – Migrant workers – Social security – Legislation applicable – Regulation (EC) No 987/2009 – Article 5 – A1 certificate – Provisional withdrawal – Binding effect – Certificate fraudulently obtained or relied on – Regulation (EC) No 883/2004 – Article 13(1)(b)(i) – Persons normally pursuing an activity as an employed person in two or more Member States – Applicability of the legislation of the Member State in which the registered office is situated – Concept of ‘registered office’ – Undertaking which has obtained a Community licence for transport under Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 – Effect – Licence fraudulently obtained or relied on
Requests for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
Case C-432/21 Commission v Poland (Forest management and good practice)
Failure of a Member State to fulfil obligations – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 6(1) to (3), Article 12(1)(a) to (d), Article 13(1)(a) and Article 16(1) – Directive 2009/147/EC – Conservation of wild birds – Article 4(1), Article 5(a), (b) and (d) and Article 9(1) – Forest management based on good practice – Forest management plans – Aarhus Convention – Access to justice – Article 6(1)(b) and Article 9(2) – Examination of the lawfulness, as regards the substance and procedure, of forest management plans – Right of environmental organisations to bring an action
Language of the case: Polish
Case C-477/21 IH v MÁV-START
Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Articles 3 and 5 – Daily rest and weekly rest – National legislation providing for a minimum weekly rest period of 42 hours – Obligation to grant daily rest – Rules for granting
Request for a preliminary ruling from the Miskolci Törvényszék
Language of the case: Hungarian
Case C-664/21 Nec Plus Ultra Cosmetics v Republika Slovenija
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 138(1) – Exemptions for intra-community transactions – Supply of goods – Principles of tax neutrality, effectiveness and proportionality – Compliance with substantive requirements – Time limit for the submission of evidence
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
Case C-666/21 A v Åklagarmyndigheten
Reference for a preliminary ruling – Road transport – Regulation (EC) No 561/2006 – Scope – Article 2(1)(a) – Article 3(h) – Notion of ‘carriage by road of goods’ – Notion of ‘maximum permissible mass’ – Vehicle fitted out as a temporary private living space and for the non-commercial loading of goods – Regulation (EU) No 165/2014 – Tachographs – Article 23(1) – Requirement for regular inspections by approved workshops
Request for a preliminary ruling from the Hovrätten för Nedre Norrland
Language of the case: Swedish
Case C-684/21 Papierfabriek Doetinchem v Sprick GmbH Bielefelder Papier- und Wellpappenwerk & Co.
Reference for a preliminary ruling – Intellectual property – Community designs – Regulation (EC) No 6/2002 – Article 8(1) – Features of appearance of a product dictated solely by its technical function – Criteria for assessment – Existence of alternative designs – Proprietor also holding a multitude of alternative protected designs – Multicolour appearance of a product not reflected in the registration of the design concerned
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-695/21 Recreatieprojecten Zeeland and Others v Belgische Staat
Reference for a preliminary ruling – Freedom to provide services – Article 56 TFEU – Restrictions on the freedom to provide services – Games of chance – Legislation of a Member State laying down a general ban on advertising by gaming establishments – Automatic derogation from that ban for establishments holding an operating licence issued by the authorities of that Member State – No possibility of derogation for establishments located in another Member State
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel
Language of the case: Dutch
Case C-760/21 Kwizda Pharma v Landeshauptmann von Wien
Reference for a preliminary ruling – Food safety – Food – Regulation (EU) No 609/2013 – Article 2(2)(g) – Concept of ‘food for special medical purposes’ – Other particular nutritional requirements – Nutritional requirements – Modification of the diet – Nutrients – Use under medical supervision – Ingredients not absorbed or metabolised in the alimentary canal – Distinction in relation to medicinal products – Distinction in relation to food supplements
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
Case C-16/22 Staatsanwaltschaft Graz v MS (Düsseldorf tax office for criminal tax matters)
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Directive 2014/41/EU – European Investigation Order – Article 1(1) – Concept of ‘judicial authority’ – Article 2(c) – Concept of ‘issuing authority’ – Order issued by a tax authority without being validated by a judge or public prosecutor – Tax authority assuming the rights and the obligations of the public prosecutor’s office in the context of a criminal tax investigation
Request for a preliminary ruling from the Oberlandesgericht Graz
Language of the case: German
Case C-682/20 P Les Mousquetaires and ITM Entreprises v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Decision of the European Commission ordering an inspection – Remedies against the conduct of the inspection – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Regulation (EC) No 1/2003 – Article 19 – Regulation (EC) No 773/2004 – Article 3 – Recording of interviews conducted by the Commission during its investigations – Starting point of the Commission’s investigation
Language of the case: French
Case C-690/20 P Casino, Guichard-Perrachon and AMC v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Decision of the European Commission ordering an inspection – Remedies against the conduct of the inspection – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Regulation (EC) No 1/2003 – Article 19 – Regulation (EC) No 773/2004 – Article 3 – Recording of interviews conducted by the Commission during its investigations – Starting point of the Commission’s investigation
Language of the case: French
Case C-693/20 P Intermarché Casino Achats v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Decision of the European Commission ordering an inspection – Remedies against the conduct of the inspection – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Regulation (EC) No 1/2003 – Article 19 – Regulation (EC) No 773/2004 – Article 3 – Recording of interviews conducted by the Commission during its investigations – Starting point of the Commission’s investigation
Language of the case: French
Case C-46/21 P ACER v Aquind
Appeal – Energy – Regulation (EC) No 714/2009 – Article 17 – Request for exemption relating to an electrical interconnector – Refusal decision from the European Union Agency for the Cooperation of Energy Regulators (ACER) – Regulation (EC) No 713/2009 – Article 19 – Board of Appeal of ACER – Intensity of the review
Language of the case: English
Case C-119/21 P PlasticsEurope v ECHA
Appeal – Establishment of a list of substances subject to authorisation – List of substances identified for eventual inclusion in Annex XIV – Updating of the entry of the substance bisphenol A as ‘a substance of very high concern’
Language of the case: English
Case C-354/21 R.J.R. v Registrų centras VĮ
Reference for a preliminary ruling – Judicial cooperation in civil matters – European Certificate of Succession – Regulation (EU) No 650/2012 – Article 1(2)(l) – Scope – Article 68 – Contents of the European Certificate of Succession – Article 69(5) – Effects of the European Certificate of Succession – Succession immovable property located in a Member State other than that of the succession – Registration of that immovable property in the land register of that Member State – Legal requirements for such registration under the law of that Member State – Implementing Regulation (EU) No 1329/2014 – Mandatory nature of Form V in Annex 5 to that implementing regulation
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-375/21 Sdruzhenie 'Za Zemyata – dostap do pravosadie' and Others v Izpalnitelen director na Izpalnitelna agentsia po okolna sreda and 'TETS Maritsa iztok 2' EAD
Reference for a preliminary ruling – Environment – Ambient air quality – Directive 2008/50/EC – Articles 13 and 23 – Limit values for the protection of human health – Exceedance – Air quality plan – Directive 2010/75/EU – Integrated pollution prevention and control – Update of a permit to operate a power plant – Emission limit values – Article 15(4) – Application for a derogation setting less strict emission limit values – Significant pollution – Article 18 – Compliance with environmental quality standards – Obligations of the competent authority
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-571/21 RWE Power v Hauptzollamt Duisburg
Reference for a preliminary ruling – Taxation of energy products and electricity – Directive 2003/96/EC – Article 14(1)(a) – Second and third sentences of Article 21(3) – Electricity used to produce electricity and to maintain the ability to produce electricity – Exemption – Scope – Opencast mining operations – Electricity used in order to operate fuel bunkers and means of transport
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C-604/21 Vapo Atlantic v ENSE
Reference for a preliminary ruling – Information procedure in the field of technical standards and regulations and of rules on Information Society services – Directive 98/34/EC – Article 1(4) – Concept of ‘other requirements’ – Article 1(11) – Concept of ‘technical regulation’ – Article 8(1) – Obligation on the Member States to notify the European Commission of any draft technical regulation – National provision providing for the incorporation of a certain percentage of biofuels into motor fuels – Third indent of Article 10(1) – Concept of ‘safeguard clause provided for in a binding EU act’ – Second subparagraph of Article 4(1) of Directive 2009/30/EC not included
Request for a preliminary ruling from the Tribunal Administrativo e Fiscal de Braga
Language of the case: Portuguese
Case C-725/21 SOMEO (anciennement PEARL STREAM) v Republika Slovenija
Reference for a preliminary ruling – Customs Union – Common Customs Tariff – Tariff classification – Combined Nomenclature – Subheading 9401 90 80 – Parts of seats for motor vehicles – Net for making pockets in the rear part of seats – Protection for the inside of seats
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
Case C-752/21 JP v Otdel - Mitnichesko razsledvane i razuznavane
Reference for a preliminary ruling – Regulation (EU) No 952/2013 – Union Customs Code – Legal remedies – Judicial cooperation in criminal matters – Framework Decision 2005/212/JHA – Smuggled goods – Goods belonging to a third party seized in the course of administrative-offence proceedings – National legislation excluding that third party from the category of persons entitled to bring an action against the administrative penalty notice ordering the seizure
Request for a preliminary ruling from the Administrativen sad - Haskovo
Language of the case: Bulgarian
Case C-9/22 NJ and OZ v An Bord Pleanála and Others (Site of St Teresa’s Gardens)
Reference for a preliminary ruling – Environment – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Article 2(a) – Concept of ‘plans and programmes’ – Article 3(2)(a) – Environmental assessment – Non-statutory act prepared by a municipal council and a developer – Directive 2011/92/EU – Assessment of the effects of certain public and private projects on the environment – Article 3(1) – Obligation to identify, describe and assess in an appropriate manner, in the light of each individual case, the direct and indirect effects of a project – Binding ministerial guidelines on building height
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
Case C-42/22 Generali Seguros v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Exemption from VAT – Article 135(1)(a) – Exemption of insurance and reinsurance transactions – Article 136(a) – Exemption of supplies of goods used solely for an exempt activity – Concept of ‘insurance transactions’ – Resale of parts from written-off motor vehicles purchased from insured persons – Principle of fiscal neutrality
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-50/22 Sogefinancement v RW and UV
Reference for a preliminary ruling – Consumer protection – Directive 2008/48/EC – Credit agreements for consumers – Scope – Right of withdrawal – Article 14(7) – National provisions establishing a period of time during which the performance of the contract may not begin – National procedural rules governing how the national courts raise of their own motion and penalise breaches of those provisions – Article 23 – Effective, proportionate and dissuasive sanctions
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
Case C-177/22 JA v Wurth Automotive
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Jurisdiction over consumer contracts – Concept of ‘consumer’ – Conduct of the person claiming the status of consumer that may give rise to the impression, on the part of the other contracting party, that he or she is acting for professional purposes
Request for a preliminary ruling from the Landesgericht Salzburg
Language of the case: German
Case C-239/22 État belge and Promo 54 v Promo 54 and Belgian State
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 12(1) and (2) – Supply, before first occupation, of a building or parts of a building and of the land on which the building stands – No provisions in national law providing for detailed rules for applying the criterion relating to first occupation – Article 135(1)(j) – Exemptions – Supply, after conversion, of a building which was the subject of a first occupation before the conversion – National administrative legal commentary treating buildings which have undergone substantial conversions in the same way as new buildings
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-356/22 Pro Rauchfrei v JS eK
Reference for a preliminary ruling – Manufacture, presentation and sale of tobacco products – Directive 2014/40/EU – Labelling and packaging – Article 2(40) – Concept of ‘placing on the market’ – Article 8(3) – Health warnings to appear on each unit packet of a tobacco product and any outside packaging – Prohibition on hiding – Automatic vending machines for packets of cigarettes – Packets of cigarettes which are not visible from the outside
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-358/22 Bolloré logistics v Direction interrégionale des douanes et droits indirects de Caen and Others
Reference for a preliminary ruling – Customs union – Regulation (EEC) No 2913/92 – Community Customs Code – Article 195 – Article 217(1) – Article 221(1) – Common Customs Tariff – Obligations on the part of the guarantor of the debtor of a customs debt – Procedures for the communication of the customs debt – Duty corresponding to that debt which has not been lawfully communicated to the debtor – Whether the customs debt is payable by the joint and several guarantor
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-607/22 Eurowings v flightright (Non-existent flight)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Article 2 – Concept of ‘operating air carrier’ – Flight booked through a tour operator – Allegedly non-existent flight
Request for a preliminary ruling from the Landgericht Düsseldorf
Language of the case: German
Case C-611/22 P Illumina v Commission
Appeal – Intervention – Second paragraph of Article 40 of the Statute of the Court of Justice of the European Union – Interest in the result of the case – Competition – Concentrations – Pharmaceutical industry market – European Commission decision to examine a merger referred by the competition authority of a Member State – Commission decision accepting that the initial referral request be joined by other Member States – An association of undertakings active in the relevant sector with the purpose of defending the interests of its members – Allowed
Language of the case: English
Case C-625/22 P Grail v Commission and Illumina
Appeal – Intervention – Second paragraph of Article 40 of the Statute of the Court of Justice of the European Union – Interest in the result of the case – Competition – Concentrations – Pharmaceutical industry market – European Commission decision to examine a merger referred by the competition authority of a Member State – Commission decision accepting that the initial referral request be joined by other Member States – Professional association not representative of the sector concerned – Rejected
Language of the case: English
Joined Cases C-439/20 P and C-441/20 P Commission v Jiangsu Seraphim Solar System and Council v Jiangsu Seraphim Solar System
Appeal – Dumping – Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China – Implementing Regulation (EU) 2016/2146 withdrawing the acceptance of the undertaking for two exporting producers under Implementing Decision 2013/707/EU – Admissibility of the action at first instance – Fourth paragraph of Article 263 TFEU – Criterion of direct concern – Article 277 TFEU – Plea of illegality – Admissibility – Interest in bringing proceedings against the acts which served as the legal basis for the contested measure – Regulation (EU) 2016/1036 – Article 8(9) – Regulation (EU) 2016/1037 – Article 13(9) – Consequences of the withdrawal by the European Commission of acceptance of an undertaking – Implementing Regulation (EU) No 1238/2013 – Article 3 – Implementing Regulation (EU) No 1239/2013 – Article 2 – Loss of entitlement to exemption from duties – Implementing Regulation (EU) 2016/2146 – Article 2 – Invalidation of the undertaking invoices – Chargeability of duties on all the transactions concerned – Lack of retroactivity
Language of the case: English
Case C-127/21 P American Airlines v Commission
Appeal – Regulation (EC) No 139/2004 – Concentrations between undertakings – Air transport market – Concentration declared compatible with the internal market – Commitments entered into by the parties to the concentration – Decision granting grandfathering rights – Concept of ‘appropriate use’
Language of the case: English
Case C-174/21 Commission v Bulgaria (Twofold failure to fulfil obligations – PM10 pollution)
Failure of a Member State to fulfil obligations – Directive 2008/50/EC – Ambient air quality – Judgment of the Court establishing a failure to fulfil obligations – Article 260(2) TFEU – Obligation to take the necessary measures to comply with such a judgment – Failure to fulfil that obligation alleged by the European Commission – Lack of clarity of the letter of formal notice as to whether the judgment still had to be complied with on the reference date – Principle of legal certainty – Inadmissibility
Language of the case: Bulgarian
Case C-339/21 Colt Technology Services and Others v Ministero della Giustizia and Others
Reference for a preliminary ruling – Electronic communications networks and services – Directive (EU) 2018/1972 – Article 13 – Conditions attached to the general authorisation – Annex I, Part A, point 4 – Enabling of legal interception by competent national authorities – Article 3 – General objectives – National legislation on the reimbursement of costs associated with interception activities that telecommunications operators are ordered by the judicial authorities to carry out – Absence of full reimbursement mechanism – Principles of non-discrimination, proportionality and transparency
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-351/21 ZG v Beobank
Reference for a preliminary ruling – Approximation of laws – Payment services in the internal market – Directive 2007/64/EC – Article 47(1)(a) – Information for the payer after receipt of the payment order – Articles 58, 60 and 61 – Payment service provider’s liability for unauthorised transactions – Obligation of that service provider to refund unauthorised transactions to the payer – Framework contracts – Obligation of that service provider to provide that payer with information relating to the payee concerned
Request for a preliminary ruling from the Justice de paix du canton de Forest
Language of the case: French
Joined Cases C-438/21 P to C-440/21 P Commission and Biogen Netherlands v EMA and EMA v Pharmaceutical Works Polpharma
Appeal – Public health – Medicinal products for human use – Directive 2001/83/EC – Regulation (EC) No 726/2004 – Application for marketing authorisation for a generic version of the medicinal product Tecfidera – Decision of the European Medicines Agency (EMA) not to validate the application for marketing authorisation – Earlier European Commission decision taking the view that Tecfidera was not covered by the same global marketing authorisation as Fumaderm – Previously authorised combination medicinal product – Subsequent marketing authorisation for a component of the combination medicinal product – Assessment of the existence of a global marketing authorisation
Language of the case: English
Case C-449/21 Towercast v Autorité de la concurrence and Ministère de l’Économie
Reference for a preliminary ruling – Competition – Control of concentrations between undertakings – Regulation (EC) No 139/2004 – Article 21(1) – Exclusive application of that regulation to operations covered by the concept of ‘concentration’ – Scope – Concentration operation which has no Community dimension, is below the thresholds for mandatory ex ante control laid down in the law of a Member State and has not been referred to the European Commission – Control of such an operation by the competition authorities of that Member State in the light of Article 102 TFEU – Whether permissible
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
Case C-511/21 P Commission v Calhau Correia de Paiva
Appeal – Rules on languages – Open competition EPSO/AD/293/14 – Notice of competition – Limitation of the choice of the second language of the competition to English, French or German – Non-inclusion on the reserve list – Plea of illegality of the notice of competition – Admissibility
Language of the case: English
Case C-522/21 MS v Saatgut-Treuhandverwaltung (KWS Meridian)
Reference for a preliminary ruling – Intellectual property – Protection of plant varieties – Regulation (EC) No 2100/94 – Derogation provided for in Article 14(3) – Article 94(2) – Infringement – Right to compensation – Regulation (EC) No 1768/95 – Article 18(2) – Compensation for damage – Minimum lump sum calculated on the basis of quadruple the licence fee – Competence of the European Commission – Invalidity
Request for a preliminary ruling from the Pfälzisches Oberlandesgericht
Language of the case: German
Case C-565/21 Caixabank v X (Loan arrangement fees)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Articles 3, 4 and 5 – Consumer contracts – Mortgage loans – Unfair terms – Term concerning loan arrangement fees – Application seeking a declaration of invalidity of that term and reimbursement of the amount paid on that basis – Plainness and intelligibility of the terms – Existence of specific national legislation
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-6/22 M.B. and Others (Effects of the invalidation of a contract)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Articles 6 and 7 – Effects of a declaration that a term is unfair – Mortgage loan agreement indexed to a foreign currency – Continued existence of the contract without unfair terms – Consumer’s wish to have the contract declared invalid – Application of the directive after the invalidation of the contract – Powers and obligations of the national court
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Woli w Warszawie
Language of the case: Polish
Case C-493/22 ARMAPROCURE v Ministerul Apărării Naţionale and BlueSpace TECHNOLOGY
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Public procurement – Directive 2009/81/EC – Article 55(4) – Article 57(2) – Interest in bringing proceedings – Access to the review procedures – Tenderer excluded from a public procurement procedure by a decision of the contracting authority that has become final – National regulation depriving such a tenderer of access to a means of appeal – No interest in bringing proceedings
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-100/21 QB v Mercedes-Benz Group (Liability of manufacturers of vehicles fitted with defeat devices)
Reference for a preliminary ruling – Approximation of laws – Approval of motor vehicles – Directive 2007/46/EC – Article 18(1) – Article 26(1) – Article 46 – Regulation (EC) No 715/2007 – Article 5(2) – Motor vehicles – Diesel engine – Pollutant emissions – Exhaust gas recirculation valve (EGR valve) – Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Defeat device – Protection of the interests of an individual purchaser of a vehicle equipped with an unlawful defeat device – Right to compensation from the vehicle manufacturer on the basis of tortious liability – Method of calculating compensation – Principle of effectiveness – Article 267 TFEU – Admissibility – Reference to the Court from a single judge
Request for a preliminary ruling from the Landgericht Ravensburg
Language of the case: German
Case C-640/20 P PV v Commission
Appeal – Civil service – Psychological harassment – Medical opinions – Unjustified absences – Remuneration – Staff Regulations of Officials of the European Union – Article 11a – Conflict of interests – Article 21a – Manifestly illegal order – Article 23 – Compliance with laws and police regulations – Disciplinary procedure – Removal from post – Withdrawal of removal – New disciplinary procedure – Fresh removal from post
Language of the case: French
Case C-365/21 Criminal proceedings against MR (Reservation in relation to the principle ne bis in idem)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Convention implementing the Schengen Agreement – Article 54 – Principle ne bis in idem – Article 55(1)(b) – Exception to the application of the principle ne bis in idem – Offence against the security or other essential interests of the Member State – Article 50 of the Charter of Fundamental Rights of the European Union – Principle ne bis in idem – Article 52(1) – Limitations to the principle ne bis in idem – Compatibility of a national declaration providing for an exception to the principle ne bis in idem – Criminal organisation – Financial crime
Request for a preliminary ruling from the Oberlandesgericht Bamberg
Language of the case: German
Case C-412/21 Dual Prod v DGRFP Cluj-Napoca
Reference for a preliminary ruling – Excise duties – Directive 2008/118/EC – Paragraph 16(1) – Authorisation to operate as a tax warehouse for products subject to excise duty – Successive suspension measures – Whether criminal in nature – Articles 48 and 50 of the Charter of Fundamental Rights of the European Union – Principle of the presumption of innocence – Principle ne bis in idem – Proportionality
Request for a preliminary ruling from the Tribunalul Satu Mare
Language of the case: Romanian
Joined Cases C-514/21 and C-515/21 LU and PH (Lifting of the suspension)
Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Surrender procedure between the Member States – Conditions for execution – Grounds for optional non-execution – Article 4a(1) – Warrant issued for the purpose of executing a custodial sentence – Concept of ‘trial resulting in the decision’ – Scope – First conviction, with a suspension – Second conviction – Absence of the person concerned at the trial – Revocation of the suspension – Rights of the defence – Convention for the Protection of Human Rights and Fundamental Freedoms – Article 6 – Charter of Fundamental Rights of the European Union – Articles 47 and 48 – Infringement – Consequences
Requests for a preliminary ruling from the Court of Appeal
Language of the case: English
Case C-574/21 QT v 02 Czech Republic
Reference for a preliminary ruling – Self-employed commercial agents – Directive 86/653/EEC – Article 17(2)(a) – Termination of the agency contract – Entitlement of the commercial agent to an indemnity – Conditions for granting – Equitable indemnity – Assessment – Concept of ‘commission lost by the commercial agent’ – Commission on future transactions – New customers brought by the commercial agent – Existing customers with whom the commercial agent has significantly increased the volume of business – One-off commission payments
Request for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
Case C-653/21 Syndicat Uniclima v Ministre de l'Intérieur
Reference for a preliminary ruling – Internal market – Harmonisation of the laws of the Member States relating to machinery, electrical equipment and pressure equipment – Directive 2006/42/EC – Directive 2014/35/EU – Directive 2014/68/EU – ‘CE marking’ – Imposition, by national regulations, of requirements additional to the essential safety requirements laid down by those directives – Conditions – National safety regulations to counter the risks of fire and panic in establishments open to the public
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-662/21 Proceedings brought by Booky.fi
Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Measure having equivalent effect to a quantitative restriction – Recordings of audiovisual programmes – Online sale – Legislation of a Member State requiring classification according to age and labelling of programmes – Protection of minors – Recordings already classified and labelled in another Member State – Proportionality
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-30/22 DV v Direktor na Teritorialno podelenie na Natsionalnia osiguritelen institut-Veliko Tarnovo
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Migrant workers – Unemployment – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Social security – Article 30 – Determination of entitlement to unemployment benefits – Regulation (EC) No 883/2004 – Article 65(2) – Member State national who has been employed in the United Kingdom – Termination of his or her employment contract after the United Kingdom’s withdrawal and the end of the transition period set by that agreement – Entitlement of that national to unemployment benefit under the legislation of that Member State upon his or her return to that Member State
Request for a preliminary ruling from the Administrativen sad Veliko Tarnovo
Language of the case: Bulgarian
Case C-34/21 Hauptpersonalrat der Lehrerinnen und Lehrer v Minister des Hessischen Kultusministeriums
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 88(1) and (2) – Processing of data in the employment context – Regional school system – Teaching by videoconference due to the COVID-19 pandemic – Implementation without the express consent of teachers
Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden
Language of the case: German
Case C-338/21 Staatssecretaris van Justitie en Veiligheid v S.S. and N.Z. (Transfer time limit – Trafficking in human beings)
Reference for a preliminary ruling – Regulation (EU) No 604/2013 – Determination of the Member State responsible for examining an application for international protection – Article 27 – Appeal against a transfer decision taken in respect of an asylum seeker – Article 29 – Suspension of implementation of the transfer decision – Transfer time limit – Interruption of the transfer time limit – Directive 2004/81/EC – Residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities – Article 6 – Reflection period – Prohibition on enforcing an expulsion order – Remedies
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-556/21 Staatssecretaris van Justitie en Veiligheid v E.N. and Others (Suspension of the transfer time limit on appeal)
Reference for a preliminary ruling – Regulation (EU) No 604/2013 – Determination of the Member State responsible for examining an application for international protection – Article 27 – Appeal against a decision to transfer an asylum seeker – Article 29 – Transfer time limit – Suspension of that time limit on appeal – Interim measure requested by the authorities
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-612/21 Gmina O. v Dyrektor Krajowej Informacji Skarbowej
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(a) and (c) – Supply of goods and services for consideration – Article 9(1) – Meanings of ‘taxable person’ and ‘economic activity’ – Municipality which organises the installation of renewable energy on its territory for its residents who own immovable property and who have expressed the wish to be equipped with renewable energy systems – Their contribution amounting to 25% of the subsidisable costs, without being able to exceed a maximum value agreed between the municipality and the interested property owner – Reimbursement of the municipality by a subsidy from the competent provincial authority of 75% of the subsidisable costs – Article 13(1) – Municipalities not subject to tax for the activities or transactions carried out as public authorities
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-616/21 Dyrektor Krajowej Informacji Skarbowej v Gmina L.
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Supply of services for consideration – Article 9(1) – Meanings of ‘taxable person’ and ‘economic activity’ – Municipality which arranges for asbestos removal for the benefit of its residents who own immovable property and who have expressed the wish for that – Reimbursement of the municipality by a subsidy from the competent provincial authority of 40% to 100% of the costs – Article 13(1) – Municipalities not subject to tax for the activities or transactions carried out as public authorities
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-618/21 AR and Others v PK and Others (Direct action against the insurer)
Reference for a preliminary ruling – Approximation of laws – Insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Article 3 – Compulsory insurance of vehicles – Article 18 – Direct right of action – Scope – Determination of the amount of compensation – Hypothetical costs – Possibility of making the payment of compensation subject to certain conditions – Sale of the vehicle
Request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie
Language of the case: Polish
Case C-651/21 Proceedings brought by М. Ya. M. (Co-heir's waiver of succession)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Measures relating to the law on succession – Regulation (EU) No 650/2012 – Article 13 – Declaration concerning the waiver of a succession made by an heir before the court of the Member State of his or her habitual residence – Subsequent registration of that declaration, at the request of another heir, in the register of another Member State
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
Case C-5/22 Green Network v SF and Others (Order for repayment of costs)
Reference for a preliminary ruling – Internal market in electricity – Directive 2009/72/EC – Article 37 – Annex I – Duties and powers of the national regulatory authority – Consumer protection – Administrative management costs – Power of the national regulatory authority to order the repayment of sums paid by final customers pursuant to contractual terms that have been penalised by that authority
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-269/22 IP and Others (Establishment of the accuracy of the facts in the main proceedings - II)
Reference for a preliminary ruling – Article 267 TFEU – The second paragraph of Article 47 and Article 48(1) of the Charter of Fundamental Rights of the European Union – Right to a fair trial – Right to the presumption of innocence – Account of the factual context in a request for a preliminary ruling in criminal matters – Establishment of the accuracy of certain facts in order to be able to make an admissible request for a preliminary ruling to the Court – Compliance with the procedural safeguards provided for under national law for judgments on the merits
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-343/22 PT v VB (Order for payment under Swiss law)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Lugano II Convention – Procedure on the recognition and enforcement of judgments – Article 34(2) – Document which institutes the proceedings in the State of origin – Due notification of an order for payment followed by improper service of a request for an action for repayment under Swiss law
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Information (on unpublished decisions)
Case C-91/22 Edison Next v Ministero della Transizione Ecologica and Others
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirements to set out the factual context of the dispute in the main proceedings and the reasons justifying the need for an answer from the Court to the questions referred for a preliminary ruling – Lack of sufficient information – Manifest inadmissibility
Case C-92/22 Edison Next v Ministero della Transizione Ecologica and Others
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirements to set out the factual context of the dispute in the main proceedings and the reasons justifying the need for an answer from the Court to the questions referred for a preliminary ruling – Lack of sufficient information – Manifest inadmissibility
Case C-93/22 Edison Next v Ministero della Transizione Ecologica and Others
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirements to set out the factual context of the dispute in the main proceedings and the reasons justifying the need for an answer from the Court to the questions referred for a preliminary ruling – Lack of sufficient information – Manifest inadmissibility
Case C-94/22 Gruppo Mauro Saviola v Ministero della Transizione Ecologica and Comitato nazionale per la gestione della Direttiva 2003/87/CE
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirements to set out the factual context of the dispute in the main proceedings and the reasons justifying the need for an answer from the Court to the questions referred for a preliminary ruling – Lack of sufficient information – Manifest inadmissibility
Joined Cases C-198/22 and C-199/22 QJ and IP v Deutsche Bank (Cartel – Euro interest rate derivatives)
References for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Article 101 TFEU – Directive 2014/104/EU – Article 10 – Scope ratione temporis – Actions for damages for infringements of EU competition law provisions – Limitation period – Infringement committed before the entry into force of the directive – Consumer protection
Case C-561/22 Willy Hermann Service and DI v Präsidentin des Landesgerichts Feldkirch
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 2013/34/EU – Articles 30 and 51 – Publication of financial statements – Penalties for failure to publish – Imposition of periodic penalty payments by a civil court – Administrative procedure for the recovery of those periodic penalty payments, which have become final – Legislation precluding the review of those periodic penalty payments by an administrative court – Res judicata – Principle of effectiveness – Proportionality
Case C-605/22 P Hijos de Moisés Rodríguez González v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-714/21 P Grossetête v Parliament
Appeal – Law governing the institutions – Rules governing the payment of expenses and allowances to Members of the European Parliament – Amendment of the additional voluntary pension scheme – Individual decision fixing additional voluntary pension rights – Plea of illegality – Competence of the Bureau of the Parliament – Rights acquired or in the process of being acquired – Proportionality – Equal treatment – Legal certainty
Joined Cases C-715/21 P and C-716/21 P Galeote and Watson v Parliament
Appeal – Law governing the institutions – Rules governing the payment of expenses and allowances to Members of the European Parliament – Amendment of the additional voluntary pension scheme – Individual decision fixing additional voluntary pension rights – Plea of illegality – Competence of the Bureau of the Parliament – Rights acquired or in the process of being acquired – Proportionality – Equal treatment – Legal certainty
Case C-141/23 P(R)-R Telefónica de España v Commission
Interim relief – Articles 278 and 279 TFEU – Appeal – Application for suspension of operation and other interim measures – Public procurement – Article 160(7) of the Rules of Procedure of the Court of Justice
Case C-517/20 Criminal proceedings against OL (Extension of Italian licences)
Reference for a preliminary ruling – Articles 49 and 56 TFEU – Betting and gaming – Licences for the collection of bets – Extension of licences already granted – Regularisation of data transmission centres carrying out that activity in the absence of a licence and police authorisation – Extension of the rights derived from that regularisation – Limited period
Case C-696/21 P GABO:mi v Commission
Appeal – Arbitration clause – Sixth and seventh framework programmes for research, technological development and demonstration activities (2002-2006 and 2007-2013) – ‘Horizon 2020’ Framework Programme for Research and Innovation (2014-2020) – Eligible costs – Set-off of claims – Claim for reimbursement – Admissibility of the application – Article 76(d) of the Rules of Procedure of the General Court of the European Union – Requirement of clarity and precision
Case C-552/22 P Asociación de Delineantes de Hacienda v Spain
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Recognition of professional qualifications – Directive 2005/36/EC – Allegedly late and improper transposition – Action for non-contractual damages brought against a Member State – Manifest lack of jurisdiction
Case C-781/22 P-R LE v Commission
Interim measures – Articles 278, 279 and 299 TFEU – Appeal – Application for suspension of operation and for other interim measures – Debit notes issued by the European Commission for the recovery of grants awarded by contract – Urgency – Pecuniary damage
Case C-739/22 P(R) Xpand Consortium and Others v Commission
Appeal – Interim relief – Public procurement – Application for interim measures – Admissibility of new claims – Interest in bringing proceedings – Initiation of a new proceeding – Loss of subject matter of the application for interim measures put forward at first instance
Case C-788/22 P Louis Vuitton Malletier v EUIPO
Appeal – EU trade mark – Chamber determining whether appeals may proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-70/21 Commission v Greece (Limit values – PM10)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) – Annex XI – Systematic and persistent exceedance of the daily limit value for microparticles (PM10) in the conurbation of Thessaloniki (EL0004) – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures
Case C-79/22 P-OST Correia de Matos v Commission
Failure to adjudicate – Article 155 of the Rules of Procedure of the Court of Justice – No failure to adjudicate – Manifest inadmissibility
Case C-732/22 P G-Core Innovations v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-735/22 P Primagran v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-34/22 VN v Belgische Staat
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court – Freedom to provide services – Free movement of capital – Restrictions – Tax legislation – Income tax – Tax exemption limited to interest paid by banks satisfying certain legal conditions – Indirect discrimination – Credit institutions established in Belgium and credit institutions established in another Member State of the European Union or of the European Economic Area
Case C-785/22 P-R Eulex Kosovo v SC
Interim relief – Article 278 TFEU – Appeal – Application for suspension of operation of a measure – Judgment of the General Court of the European Union given by default – Urgency – Pecuniary damage
Case C-676/20 ASADE v Consejería de Sanidad de la Diputación General de Aragón
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice – Purely internal situation – Public procurement – Directive 2014/24/EU – Articles 74 to 77 – Provision of social and health services – Use of concerted action agreements with private non-profit organisations – Services in the internal market – Directive 2006/123/EC – Scope – Article 2(2)(f) and (j)
Case C-485/22 P KO v Council and Others
Appeal – Application for legal aid – Article 53(2) of the Rules of Procedure of the Court of Justice – Decision of the General Court of the European Union from which no appeal lies – Manifest lack of jurisdiction
Case C-486/22 P KM v Council and Others
Appeal – Application for legal aid – Article 53(2) of the Rules of Procedure of the Court of Justice – Decision of the General Court of the European Union from which no appeal lies – Manifest lack of jurisdiction
Case C-487/22 P KR v Council and Others
Appeal – Application for legal aid – Article 53(2) of the Rules of Procedure of the Court of Justice – Decision of the General Court of the European Union from which no appeal lies – Manifest lack of jurisdiction
Case C-488/22 P KQ v Council and Others
Appeal – Application for legal aid – Article 53(2) of the Rules of Procedure of the Court of Justice – Decision of the General Court of the European Union from which no appeal lies – Manifest lack of jurisdiction
Case C-489/22 P VZ v Council and Others
Appeal – Application for legal aid – Article 53(2) of the Rules of Procedure of the Court of Justice – Decision of the General Court of the European Union from which no appeal lies – Manifest lack of jurisdiction
Case C-490/22 P KN v Council and Others
Appeal – Application for legal aid – Article 53(2) of the Rules of Procedure of the Court of Justice – Decision of the General Court of the European Union from which no appeal lies – Manifest lack of jurisdiction
Case C-491/22 P KP v Council and Others
Appeal – Application for legal aid – Article 53(2) of the Rules of Procedure of the Court of Justice – Decision of the General Court of the European Union from which no appeal lies – Manifest lack of jurisdiction
Case C-141/23 P(R) Telefónica de España v Commission
Interim relief – Articles 278 and 279 TFEU – Appeal – Application for suspension of operation and other interim measures – Public procurement – Confidentiality
Case C-141/23 P(R)-R Telefónica de España v Commission
Interim relief – Articles 278 and 279 TFEU – Appeal – Application for suspension of operation and other interim measures – Public procurement – Confidentiality
April 2023
Case C-699/21 E.D.L. (Ground for refusal based on illness)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 23(4) – Surrender procedures between Member States – Grounds for non-execution – Article 4(3) TEU – Duty of sincere cooperation – Postponement of the execution of the European arrest warrant – Article 4 of the Charter of Fundamental Rights of the European Union – Prohibition of inhuman or degrading treatment – Serious, chronic and potentially irreversible illness – Risk of serious harm to health affecting the person concerned by the European arrest warrant
Request for a preliminary ruling from the Corte costituzionale
Language of the case: Italian
Case C-751/22 P Shopify v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal allowed to proceed
Language of the case: English
Case C-1/23 PPU X and Others v Belgian State
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Border controls, asylum and immigration – Immigration policy – Directive 2003/86/EC – Right to family reunification – Article 5(1) – Submission of an application for entry and residence for the purposes of exercising the right to family reunification – Legislation of a Member State requiring the sponsor’s family members to submit the application in person to the competent diplomatic post of that Member State – Impossibility or excessive difficulty to reach that post – Charter of Fundamental Rights of the European Union – Articles 7 and 24
Request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles
Language of the case: French
Case C-25/21 ZA and Others v Repsol Comercial de Productos Petrolíferos
Reference for a preliminary ruling – Competition – Vertical restrictions of competition – Article 101(1) and (2) TFEU – Principle of effectiveness – Regulation (EC) No 1/2003 – Article 2 – Directive 2014/104/EU – Article 9(1) – Binding effect of the final decisions of the national competition authorities finding an infringement of the competition law rules – Temporal and material application – Actions for damages and for a declaration of nullity for infringements of the EU competition law provisions
Request for a preliminary ruling from the Juzgado de lo Mercantil de Madrid
Language of the case: Spanish
Case C-144/21 Parliament v Commission (Autorisation of a substance of very high concern)
Intervention – Article 40 of the Statute of the Court of Justice of the European Union – Application by an agency of the European Union – Standing to intervene in a case between institutions of the Union – Interest in the result of the case – Allowed
Language of the case: English
Case C-291/21 Proceedings brought by Starkinvest
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 655/2014 – European Account Preservation Order procedure – Conditions for issuing a preservation order – Article 4 – Concept of ‘judgment’ – Article 7 – Concept of ‘judgment requiring the debtor to pay the creditor’s claim’ – Judgment ordering a party to make a penalty payment for breach of a prohibitory order – Regulation (EU) No 1215/2012 – Article 55 – Scope
Request for a preliminary ruling from the Tribunal de première instance de Liège
Language of the case: French
Case C-329/21 DIGI Communications v Nemzeti Média- és Hírközlési Hatóság Hivatala
Reference for a preliminary ruling – Telecommunications – Electronic communications networks and services – Directive 2002/21/EC (Framework Directive) – Article 4(1) – Directive 2002/20/EC (Authorisation Directive) – Article 7 – Award of rights to use frequencies – Auction procedure – Holding company not registered as a provider of electronic communications services in the Member State concerned – Exclusion from the award procedure – Right of appeal against the award decision
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-580/21 EEW Energy from Waste v MNG Mitteldeutsche Netzgesellschaft Strom
Reference for a preliminary ruling – Environment – Directive 2009/28/EC – Promotion of energy from renewable energy sources – Article 16(2)(c) – Access to transmission and distribution grids – Priority access of electricity produced from renewable energy sources – Production from both renewable and conventional energy sources
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-650/21 FW and EC v Landespolizeidirektion Niederösterreich and Finanzamt Österreich
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Prohibition of discrimination on grounds of age – Remuneration of civil servants – Previous national legislation found to be discriminatory – Grading under a new system of remuneration by reference to seniority fixed under a previous system of remuneration – Correction of that seniority by determining a comparison reference date – Discriminatory nature of the new grading – Rule placing older officials at a disadvantage
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-772/21 Brink's Lithuania v Lietuvos bankas
Reference for a preliminary ruling – Protection of the euro against counterfeiting – Regulation (EC) No 1338/2001 – Article 6(1) – Payment service providers engaged in the processing of banknotes and their distribution to the public – Decision ECB/2010/14 – Article 6(2) – Detection of unfit euro banknotes – Automated fitness checking of banknotes – Minimum standards published on the website of the European Central Bank (ECB) and amended from time to time – Personal scope – Extent of cash handlers’ obligations – Binding force – Principle of legal certainty
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Joined Cases C-775/21 and C-826/21 Blue Air Aviation v UCMR and UPFR v SNTFC
Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Directive 2001/29/EC – Article 3(1) – Communication to the public – Concept – Broadcasting of background music – Directive 2006/115/EC – Article 8(2) – Equitable remuneration – Mere provision of physical facilities – Sound equipment on board trains and aircraft – Presumption of communication to the public
Requests for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-815/21 P Amazon.com and Others v Commission
Appeal – Competition – Article 102 TFEU – Abuse of dominant position – Online sales – Regulation (EC) No 773/2004 – Article 2(1) – European Commission decision to initiate an investigation – Territorial scope of the investigation – Exclusion of Italy – Allocation of competence between the Commission and the competition authorities of the Member States – Regulation (EC) No 1/2003 – Article 11(6) – The competition authorities of the Member States being relieved of their competence – Protection against proceedings conducted in parallel by the competition authorities of the Member States and by the Commission – Action for annulment – Act not open to challenge – Act not producing legal effects vis-à-vis third parties – Preparatory act – Inadmissibility
Language of the case: English
Case C-52/22 BF v BVAEB (Adjustment of retirement pensions)
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Prohibition of discrimination on grounds of age – Article 2(1) and (2)(a) – Article 6(1) – Retirement pension – National legislation providing for a gradual alignment of the pension scheme for civil servants with the general pension scheme – First adjustment of the amount of the pension being made more quickly for one category of civil servants than for another – Justification
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-263/22 Ocidental – Companhia Portuguesa de Seguros de Vida v LP
Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Articles 3 to 6 – Criteria for assessing the unfairness of a contractual term – Requirement of transparency – Group insurance contract – Permanent invalidity of the consumer – Duty to provide information – Non-disclosure of a term limiting or excluding cover against the insured risk
Request for a preliminary ruling from the Supremo Tribunal de Justiça
Language of the case: Portuguese
Case C-282/22 Dyrektor Krajowej Informacji Skarbowej v P. w W.
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Articles 14, 15 and 24 – Recharging points for electric vehicles – Provision of devices for recharging electric vehicles, supply of the necessary electricity, and provision of technical support and IT services – Classification as a ‘supply of goods’ or a ‘supply of services’
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-348/22 Autorità Garante della Concorrenza e del Mercato v Comune di Ginosa (Commune de Ginosa)
Reference for a preliminary ruling – Services in the internal market – Directive 2006/123/EC – Assessment of validity – Legal basis – Articles 47, 55 and 94 EC – Interpretation – Article 12(1) and (2) of that directive – Direct effect – Unconditional and sufficiently precise nature of the obligation for Member States to apply an impartial and transparent selection procedure to potential candidates and of the prohibition on automatic renewal of an authorisation granted for a given activity – National legislation providing for the automatic extension of concessions for the occupation of State-owned maritime property
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Puglia
Language of the case: Italian
Case C-204/21 R-RAP Commission v Poland (Independence and private life of judges)
Interim relief – Article 163 of the Rules of Procedure of the Court of Justice – Application to cancel or vary an order for interim measures – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Independence of judges – Non-execution – Change in circumstances – Periodic penalty payment
Language of the case: Polish
Case C-629/22 A.L. v Migrationsverket
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Immigration policy – Directive 2008/115/EC – Common standards and procedures in Member States for returning illegally staying third-country nationals – Article 6(2) – Return decision accompanied by an entry ban of three years’ duration – Third-country national holding a valid residence permit issued by another Member State – Failure by the national police authority to permit that national to go to the territory of that other Member State before it adopts that return decision in respect of that national
Request for a preliminary ruling from the Förvaltningsrätten i Göteborg,migrationsdomstolen
Language of the case: Swedish
Case C-537/20 L Fund v Finanzamt D
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Corporation tax – Taxation of income from immovable property situated within the territory of a Member State – Difference in treatment between resident funds and non-resident funds – Exemption only for resident funds – Comparability of situations – Taking into account of the tax system of investors – None – Justification – Need to preserve the coherence of the national tax system – Need to preserve a balanced distribution of power of taxation between the Member States – None
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-352/21 A1 and A2 v I (Insurance of a pleasure craft)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Rules of jurisdiction in matters relating to insurance – Article 15(5) – Possibility of departing from those jurisdictional rules by agreement – Article 16(5) – Directive 2009/138/EC – Article 13(27) – Concept of ‘large risks’ – Hull insurance contract – Jurisdiction clause between the insurer and the insured – Enforceability of that clause against the insured – Pleasure craft not used for commercial purposes
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-528/21 M.D. v Országos Idegenrendészeti Főigazgatóság Budapesti és Pest Megyei Regionális Igazgatósága (Ban on entering Hungary)
Reference for a preliminary ruling – Immigration policy – Article 20 TFEU – Genuine enjoyment of the substance of the rights which flow from the status of EU citizenship – Article 47 of the Charter of Fundamental Rights of the European Union – Directive 2008/115/EC – Common standards and procedures in Member States for returning illegally staying third-country nationals – Articles 5, 11 and 13 – Direct effect – Right to an effective judicial remedy – Decision banning entry and stay adopted in respect of a third-country national, a family member of a minor EU citizen – Threat to national security – Failure to take into account the individual situation of that third-country national – Refusal to comply with a court decision suspending the effects of that prohibition decision – Consequences
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-628/21 TB v Castorama Polska and 'Knor'
Reference for a preliminary ruling – Intellectual property – Directive 2004/48/EC – Measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights – Right of information – Locus standi – Need to establish the existence of an intellectual property right in advance
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
Case C-677/21 Fluvius Antwerpen v MX
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Taxable transactions – Article 2(1)(a) – Concept of ‘supply of goods for consideration’ – Article 9(1) – Economic activity – Article 14(1) and (2)(a) – Supply of goods – Unlawful consumption of electricity – Principle of neutrality of VAT – Charging the consumer for compensation including the price of the electricity consumed – Regional legislation of a Member State – Taxable person – Sui generis entity mandated by municipalities – Concept of ‘body governed by public law’ – Directive 2006/112/EC – Article 13(1), third subparagraph, and Annex I – Principle of taxability of electricity distribution – Concept of ‘negligible activity’
Request for a preliminary ruling from the Vredegerecht te Antwerpen
Language of the case: Dutch
Case C-681/21 BVAEB v BB (Amount of the retirement pension)
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Prohibition of discrimination on grounds of age – Retirement pension – National legislation providing, with retroactive effect, for a category of civil servants previously advantaged by the national legislation relating to retirement pension rights to be treated in the same way as a category of civil servants previously disadvantaged by that legislation
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-686/21 VW v SW and Others and Legea v VW and Others
Reference for a preliminary ruling – Trade mark law – Directive 89/104/EEC – Directive (EU) 2015/2436 – Regulation (EC) No 40/94 – Regulation (EU) 2017/1001 – Exclusive rights of the trade mark proprietor – Trade mark belonging to two or more persons – Conditions on majority required between joint proprietors for granting and terminating a licence of their trade mark
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-705/21 MJ v AxFina Hungary
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Articles 6 and 7 – Credit agreements denominated in a foreign currency – Legal consequences of a declaration that a loan agreement is invalid because of the unfairness of a term in that agreement – Contractual term placing the exchange rate risk on the consumer
Request for a preliminary ruling from the Győri Ítélőtábla
Language of the case: Hungarian
Case C-70/22 Viagogo v AGCOM and AGCM
Reference for a preliminary ruling – Electronic commerce – Directive 2000/31/EC – Article 1 – Scope – Article 2(c) – Concept of ‘established service provider’ – Article 3(1) – Provision of information society services by a provider established on the territory of a Member State – Company established on the territory of the Swiss Confederation – Inapplicability ratione personae – Article 56 TFEU – Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons – Scope – Prohibition of restrictions on the cross-frontier provision of services not exceeding 90 days per calendar year – Provision of services in Italy for a period exceeding 90 days – Inapplicability ratione personae – Article 102 TFEU – Nothing in the order for reference enabling a link to be established between the dispute in the main proceedings and any abuse of a dominant position – Inadmissibility
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-104/22 Lännen MCE v Berky and Senwatec
Reference for a preliminary ruling – EU trade mark – Regulation (EU) 2017/1001 – Article 125(5) – International jurisdiction – Infringement action – Jurisdiction of the courts of the Member State in which the act of infringement has been committed or threatened – Advertising displayed by a search engine using a national top-level domain name – Advertising not specifying the geographical area of supply – Factors to be taken into account
Request for a preliminary ruling from the Markkinaoikeus
Language of the case: Finnish
Case C-107/22 X
Reference for a preliminary ruling – Common Customs Tariff – Classification of goods – Combined Nomenclature – Interpretation – General rules – General rule 2(a) – Article presented unassembled or disassembled – Components intended to make up, after assembly, satellite receivers – Classification as a complete receiver
Request for a preliminary ruling from the Gerechtshof Amsterdam
Language of the case: Dutch
Case C-192/22 FI v Bayerische Motoren Werke
Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Article 7(1) – Article 31(2) of the Charter of Fundamental Rights of the European Union – Right to paid annual leave – Lapse of that right – Progressive retirement scheme – Days of annual leave acquired under that scheme but as yet untaken – Incapacity for work
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-337/22 P EUIPO v Nowhere
Appeal – Intervention – Second paragraph of Article 40 of the Statute of the Court of Justice of the European Union – Interest in the result of the case – EU trade mark – Opposition proceedings – Rejection of the opposition – Refusal to take into account earlier rights protected in the United Kingdom – Relevant stage of the procedure for assessing the existence of a relative ground for refusal – Association of proprietors of trade marks and professionals in that field with the purpose of promoting trade mark law – Allowed
Language of the case: English
Case C-372/22 CM v DN (Right of access to a child who has moved)
Reference for a preliminary ruling – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – Regulation (EC) No 2201/2003 – Articles 9 and 15 – Continuing jurisdiction of the courts of the Member State of the child’s former habitual residence following the child having moved – Concept of ‘moving’ – Application for modification of a decision relating to access rights – Calculation of the time limit within which such an application must be submitted – Transfer of the case to a court of the Member State of the child’s new habitual residence, better placed to hear the case
Request for a preliminary ruling from the Tribunal d'arrondissement de Luxembourg
Language of the case: French
Information (on unpublished decisions)
Case C-560/22 Ferriere Nord and Others v AGCM and Agenzia delle entrate - Riscossione
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – National competition authorities – Imposition of a contribution to finance those authorities – Lack of connection to EU law – Manifest lack of jurisdiction of the Court – Lack of sufficient information – Manifest inadmissibility
Case C-780/22 P Zaun v Praesidiad Holding and EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-200/22 Vantage Logistics v Administraţia Judeţeană a Finanţelor Publice Alba and Others
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Judicial cooperation in civil matters – Insolvency proceedings – Restructuring plan – Directive (EU) 2019/1023 – Applicability ratione temporis and ratione materiae – Article 17 of the Charter of Fundamental Rights of the European Union – Clear lack of jurisdiction of the Court
Case C-42/23 P Mendes v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-413/21 P Council v El-Qaddafi
Appeal – Common foreign and security policy – Restrictive measures taken in view of the situation in Libya – List of persons and entities subject to the freezing of funds and economic resources – List of persons subject to restrictions on entry into and transit through the territory of the European Union – Retention of Ms El-Qaddafi’s name on the lists – Sufficiently solid factual basis – Obligation to state reasons
Case C-602/21 Commission v Poland (Environmental noise)
Failure of a Member State to fulfil obligations – Directive 2002/49/EC – Assessment and management of environmental noise – Noise prevention – Major roads and major railways – Article 8(1) and (2) – Non-compliant or nonexistent action plans – Article 10(2) – Annex VI – Nonexistent summaries of action plans
Case C-619/22 Sinda & V R v Rīgas domes Satiksmes departaments
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to provide the legislative context of the dispute in the main proceedings – Requirement to set out the relationship between the provisions of European Union law of which an interpretation is sought and the applicable national legislation – Lack of sufficient information – Manifest inadmissibility
Case C-637/22 P Novais v Portugal
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Article 265 TFEU – Action for failure to act brought against a national court or tribunal – Manifest lack of jurisdiction of the General Court of the European Union – Appeal manifestly unfounded
Case C-306/22 P Kirimova v EUIPO
Appeal – Action for annulment – Article 19 of the Statute of the Court of Justice of the European Union – Representation of parties in direct actions before the Courts of the European Union – Lawyer who is not a third party in relation to the appellant – Requirement of independence – Lawyer practising in the same office as the applicant
Case C-492/21 P Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo v Commission
Appeal – State aid – Healthcare services – Direct grants to public hospitals in the Lazio Region (Italy) – Decision finding that there is no State aid – Articles 106 and 107 TFEU – Concepts of ‘undertaking’ and ‘economic activity’
Case C-537/21 P PL v Commission
Appeal – Civil service – Officials – Appraisal report – 2017 appraisal period – Errors of law – Distortion of the facts and evidence – Failure to state reasons
Case C-549/21 P Fondazione Cassa di Risparmio di Pesaro and Others v Commission
Case C-694/21 P Brunswick Bowling Products v Commission
Appeal – Consumer protection – Directive 2006/42/EC – Protection of the health and safety of consumers and workers from risks arising from the use of machinery – Measures adopted by the Kingdom of Sweden – Prohibition on the placing on the market of a type of pinsetter machine and a supplementary kit – Withdrawal of machines already placed on the market – Decision of the European Commission declaring the measures justified
Case C-782/21 P Aeris Invest v ECB
Appeal – Access to documents of the EU institutions – Decision 2004/258/EC – Application for access to certain documents concerning the adoption of a resolution scheme for Banco Popular Español, S.A. – Refusal to grant access – Article 47 of the Charter of Fundamental Rights of the European Union
Case C-827/21 Banca A v ANAF and Preşedintele ANAF (Application of the Merger Directive in a domestic situation)
Reference for a preliminary ruling – Directive 2009/133/EC – Article 7 – Merger by absorption – Purely domestic operation – Primacy of EU law outside the scope of EU law – None – Interpretation of EU law outside its scope – Jurisdiction of the Court to deliver preliminary rulings – Condition – EU law made applicable by national law directly and unconditionally
Case C-102/22 P HC v Commission
Appeal – Civil service – Recruitment – Open competition EPSO/AD/363/18 – Notice of competition – Assessment by the selection board of the candidate’s answers to the ‘Talent Screener’ – Non-admission to the next stage of the competition – Rules on languages – Limitation of the choice of the second language of the competition to English and French – Plea of illegality relating to the notice of competition – Inadmissibility
Case C-482/22 GO and Others v Regione Lazio
Reference for a preliminary ruling – Articles 53 and 99 of the Rules of Procedure of the Court – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Exceptions to that obligation – Criteria – Situations in which the correct interpretation of EU law is so obvious as to leave no scope for any reasonable doubt – Condition related to the national court or tribunal of last instance being convinced that the matter would be equally obvious to the other courts or tribunals of last instance of the Member States and to the Court of Justice
Case C-495/22 Ministero della Giustizia v SP (Competition for notarial posts)
Reference for a preliminary ruling – Articles 53 and 99 of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Exceptions to that obligation – Criteria – Situations in which the correct interpretation of EU law is so obvious as to leave no scope for any reasonable doubt – Condition related to the national court or tribunal of last instance being convinced that the matter would be equally obvious to the other courts or tribunals of last instance of the Member States and to the Court of Justice
May 2023
Case C-40/21 T.A.C. v ANI
Reference for a preliminary ruling – Decision 2006/928/EC – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Charter of Fundamental Rights of the European Union – Article 15(1) – Article 47 – Article 49(3) – Elective public office – Conflict of interests – National legislation prohibiting the holding of elective public office for a predetermined period – Penalty additional to the termination of the term of office – Principle of proportionality
Request for a preliminary ruling from the Curtea de Apel Timişoara
Language of the case: Romanian
Case C-97/21 MV - 98 v Nachalnik na otdel 'Operativni deynosti'
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 273 – Failure to issue a fiscal cash register receipt – Charter of Fundamental Rights of the European Union – Article 50 – Principle ne bis in idem – Cumulation of administrative penalties of a criminal nature for the same act – Article 49(3) – Proportionality of penalties – Article 47 – Right to an effective remedy – Scope of judicial review relating to the provisional enforcement of a penalty
Request for a preliminary ruling from the Administrativen sad - Blagoevgrad
Language of the case: Bulgarian
Case C-200/21 TU and SU v BRD Groupe Societé Générale and Next Capital Solutions
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Enforcement proceedings in respect of a loan agreement constituting an enforceable instrument – Objection to the enforcement – Review of unfair terms – Principle of effectiveness – National legislation not permitting the court hearing the enforcement proceedings to review the possible unfairness of a clause beyond the time limit imposed on a consumer for lodging an objection – Existence of an action under ordinary law that cannot become time-barred enabling the court hearing the substance of the case to carry out such a review and to order suspension of the enforcement – Conditions which do not render impossible in practice or excessively difficult the exercise of rights conferred by EU law – Requirement for the consumer to pay a security in order to suspend the enforcement proceedings
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
Case C-300/21 UI v Österreichische Post (Non-material damage in connection with the processing of personal data)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 82(1) – Right to compensation for damage caused by data processing that infringes that regulation – Conditions governing the right to compensation – Mere infringement of that regulation not sufficient – Need for damage caused by that infringement – Compensation for non-material damage resulting from such processing – Incompatibility of a national rule making compensation for such damage subject to the exceeding of a threshold of seriousness – Rules for the determination of damages by national courts
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-389/21 P ECB v Crédit lyonnais
Appeal – Economic and monetary policy – Prudential supervision of credit institutions – Regulation (EU) No 575/2013 – Calculation of the leverage ratio – Exposure measure – Article 429(14) – Exclusion of exposures meeting certain conditions – Partial refusal of authorisation – Discretion of the European Central Bank (ECB) – Action for annulment – Manifest error of assessment – Judicial review
Language of the case: French
Case C-487/21 F.F. v Österreichische Datenschutzbehörde and CRIF
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Data subject’s right of access to his or her data undergoing processing – Article 15(3) – Provision of a copy of the data – Concept of ‘copy’ – Concept of ‘information’
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-516/21 Finanzamt X v Y (Permanently installed equipment and machinery)
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 135(2), first subparagraph, point (c) – Exceptions to the exemption provided for in Article 135(1)(l) – Letting of permanently installed equipment and machinery in the context of the leasing of an agricultural building
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Joined Cases C-529/21 to C-536/21 and C-732/21 to C-738/21 OP and Others v Glavna direktsia 'Pozharna bezopasnost i zashtita na naselenieto' kam Ministerstvo na vatreshnite raboti (Night work)
Reference for a preliminary ruling – Social policy – Organisation of working time – Directive 2003/88/EC – Article 1(3) – Scope – Article 8 – Article 12 – Health and safety of night workers at work – Level of protection for night workers appropriate to the nature of their work – Directive 89/391/EEC – Article 2 – Public sector workers and private sector workers – Article 20 of the Charter of Fundamental Rights of the European Union – Equal treatment
Requests for a preliminary ruling from the Rayonen sad - Kula
Language of the case: Bulgarian
Case C-60/22 UZ v Bundesrepublik Deutschland (Court electronic mailbox)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 5 – Principles relating to processing – Controllership – Article 6 – Lawfulness of processing – Electronic file compiled by an administrative authority relating to an asylum application – Transmission to the competent national court via an electronic mailbox – Infringement of Articles 26 and 30 – No arrangement determining joint responsibility for processing and maintaining the record of processing activities – Consequences – Article 17(1) – Right to erasure (‘right to be forgotten’) – Article 18(1) – Right to restriction of processing – Concept of ‘unlawful processing’ – Taking into account of the electronic file by a national court – Absence of consent of the data subject
Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden
Language of the case: German
Case C-78/22 ALD Automotive v DY
Reference for a preliminary ruling – Directive 2011/7/EU – Combating late payments in commercial transactions – Article 6 – Fixed minimum sum of EUR 40 as compensation for the recovery costs incurred by the creditor – Late payment regarding contracts for successive performance – Fixed compensation due in respect of each late payment – Obligation to give full effect to EU law – Obligation of interpretation in compliance with EU law – General principles of national private law
Request for a preliminary ruling from the Vrchní soud v Praze
Language of the case: Czech
Case C-99/22 Kapniki A. Michailidis v OPEKEPE and Ypourgos Agrotikis Anaptyxis kai Trofimon
Reference for a preliminary ruling – Agriculture – Regulation (EEC) No 2062/92 – Article 3(3) – Validity – Common organisation of the markets – Raw tobacco – Premiums granted to purchasers of leaf tobacco – Reduction of those premiums according to the quantity of tobacco of low class, category or quality purchased – Principles of non-retroactivity and of the protection of legitimate expectations
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
Case C-127/22 Balgarska telekomunikatsionna kompania v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 185 – Adjustment of deductions of input VAT – Goods written off – Subsequent sale as waste – Destruction or disposal duly proved or confirmed
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-776/22 P Studio Legale Ughi e Nunziante v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal allowed to proceed in part
Language of the case: Italian
Case C-620/21 MOMTRADE RUSE v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(g) – Exemption for the supply of services closely linked to welfare and social security work, by bodies recognised by the Member State concerned as being devoted to social wellbeing – Supply of services provided to a non-taxable person in a Member State other than that in which the supplier is established – Assessment of the nature of the services and the condition of being a body recognised as being devoted to social wellbeing – Determination of the relevant national law – Concept of ‘Member State concerned’
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-817/21 R.I. v Inspecţia Judiciară and N.L.
Reference for a preliminary ruling – Rule of law – Judicial independence – Second subparagraph of Article 19(1) TEU – Decision 2006/928/EC – Independence of the judiciary – Disciplinary proceedings – Judicial Inspectorate – Chief Inspector with powers of regulation, selection, assessment, appointment and disciplinary investigation
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-101/22 P Commission v Sopra Steria Benelux and Unisys Belgium
Appeal – Rules of Procedure of the Court of Justice – Article 169 – Appeal against the operative part of the decision of the General Court – Public service contracts – Tendering procedure – Regulation (EU, Euratom) 2018/1046 – Article 170(3) – Paragraph 23 of Annex I – Unsuccessful tenderer bringing to the European Commission’s attention evidence of the abnormally low nature of the successful tender – Scope of the contracting authority’s obligation to state reasons
Language of the case: French
Case C-155/22 RE v Bezirkshauptmannschaft Lilienfeld
Reference for a preliminary ruling – Road transport – Common rules concerning the conditions to be complied with to pursue the occupation of road transport operator – Regulation (EC) No 1071/2009 – Articles 6 and 22 – National legislation permitting the transfer of criminal responsibility for serious infringements regarding the driving time and rest periods of drivers – Failure to take into account the penalties imposed for infringements when assessing the good repute of a road transport undertaking
Request for a preliminary ruling from the Landesverwaltungsgericht Niederösterreich
Language of the case: German
Joined Cases C-156/22 to C-158/22 TAP Portugal v flightright and Myflyright (Death of the co-pilot)
References for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Compensation to air passengers in the event of cancellation of flights – Article 5(3) – Exemption from the obligation to pay compensation – Concept of ‘extraordinary circumstances’ – Unexpected absence, due to illness or death, of a crew member whose presence is essential to the operation of the flight
Requests for a preliminary ruling from the Landgericht Stuttgart
Language of the case: German
Joined Cases C-407/22 and C-408/22 Ministre de l’Économie, des Finances et de la Relance v Manitou BF and Bricolage Investissement France
References for a preliminary ruling – Taxation – Article 49 TFEU – Freedom of establishment – Corporation tax – Group taxation (French ‘intégration fiscale’) – Tax exemption for dividends paid by subsidiaries belonging to the tax-integrated group – Resident parent company – Capital links with resident and non-resident companies without forming a tax-integrated group – Tax exemption of dividends paid by non-resident subsidiaries – Non-deductible costs and expenses relating to the holding – Lack of neutralisation as regards the add-back of those costs and expenses
Requests for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-626/21 Funke v Landespolizeidirektion Wien
Reference for a preliminary ruling – Approximation of laws – Directive 2001/95/EC – Article 12 and Annex II – Technical standards and regulations – European Union Rapid Information System (RAPEX) – Guidelines – Dangerous non-food products – Implementing Decision (EU) 2019/417 – Regulation (EC) No 765/2008 – Articles 20 and 22 – Notifications to the European Commission – Administrative decision – Prohibition on the sale of certain pyrotechnic articles and obligation to withdraw – Request from a distributor of the products concerned that the notification be supplemented – Authority competent to give a decision on the request – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-97/22 DC v HJ (Withdrawal after performance of the contract)
Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Article 14(4)(a)(i) and (5) – Right of withdrawal for off-premises contracts – Information requirements for the trader concerned – Failure of that trader to inform the consumer – Obligations of the consumer in the event of withdrawal – Withdrawal after the performance of the contract – Consequences
Request for a preliminary ruling from the Landgericht Essen
Language of the case: German
Case C-105/22 P.M. v Dyrektor Izby Administracji Skarbowej w Warszawie (Taxation of exported second-hand vehicles)
Reference for a preliminary ruling – Free movement of goods – Tax provisions – Article 110 TFEU – Excise duty – Export of a vehicle registered in a Member State to a country of the European Economic Area (EEA) – Refusal to reimburse the excise duty paid in respect of that vehicle up to an amount proportionate to the duration of its use in the territory of the Member State of registration – Principle that excise duty is a single-stage tax and principle of proportionality
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-176/22 Criminal proceedings against BK and ZhP (Partial stay of the main proceedings)
Reference for a preliminary ruling – Statute of the Court of Justice of the European Union – Article 23, first paragraph – Stay of the main proceedings by a national court which has submitted a request for a preliminary ruling to the Court of Justice under Article 267 TFEU – Possibility of a partial stay of proceedings
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-264/22 Fonds de Garantie des Victimes des Actes de Terrorisme et d’Autres Infractions (FGTI) v Victoria Seguros
Reference for a preliminary ruling – Judicial cooperation in civil matters – Law applicable to non-contractual obligations – Regulation (EC) No 864/2007 – Article 4(1) – Article 15(h) – Article 19 – Accident caused by a boat in a Member State – Compensation for the victim of that accident – Subrogation in accordance with the law of another Member State – Reimbursement requested by the third-person subrogee – Applicable law – Limitation
Request for a preliminary ruling from the Tribunal da Relação de Lisboa
Language of the case: Portuguese
Case C-365/22 IT v État belge (VAT – Vehicles sold for parts)
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Margin scheme – Article 311 – Concept of ‘second-hand goods’ – End-of-life vehicles sold for parts
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-418/22 Cezam v Belgian State
Reference for a preliminary ruling – Directive 2006/112/EC – Value added tax (VAT) – Obligations to declare and pay VAT – Article 273 – Penalties laid down for the failure of a taxable person to comply with the obligations – Principles of proportionality and neutrality of VAT – Right to deduct VAT – Compatibility of penalties
Request for a preliminary ruling from the Tribunal de première instance du Luxembourg
Language of the case: French
Case C-290/21 AKM v Canal+ Luxembourg (Provision of satellite packages in Austria)
Reference for a preliminary ruling – Intellectual property – Copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission – Directive 93/83/EEC – Article 1(2) – Communication to the public by satellite – Concept – Satellite package provider – Broadcasting of programmes in another Member State – Place of the act of exploitation by which that provider participates in such communication
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-575/21 WertInvest Hotelbetriebs v Magistrat der Stadt Wien
Reference for a preliminary ruling – Environment – Directive 2011/92/EU – Assessment of the effects of certain public and private projects on the environment – Article 2(1) and Article 4(2) – Projects covered by Annex II – Urban development projects – Examination on the basis of thresholds or criteria – Article 4(3) – Relevant selection criteria set in Annex III – Article 11 – Access to justice
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
Case C-608/21 Criminal proceedings against Politseyski organ pri 02 RU SDVR
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2012/13/EU – Right to information in criminal proceedings – Article 6 – Right of a person to be informed of the charges against him or her – Article 7 – Right of access to case materials – Effective exercise of the rights of the defence – Article 6 of the Charter of Fundamental Rights of the European Union – Right to liberty and security – Communication of the grounds for detention of the suspect or accused person in a separate document – When that communication must be made
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
Case C-114/22 Dyrektor Izby Administracji Skarbowej w Warszawie v W. (VAT – Fictitious acquisition)
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Right to deduct VAT – Refusal – Refusal based on the invalidity of the transaction under national civil law
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-141/22 TLL The Longevity Labs v Optimize Health Solutions and BM
Reference for a preliminary ruling – Food safety – Novel food – Regulation (EU) 2015/2283 – Sprouted buckwheat flour with a high spermidine content – Germination of buckwheat seeds in a nutrient solution containing spermidine
Request for a preliminary ruling from the Landesgericht für Zivilrechtssachen Graz
Language of the case: German
Case C-364/22 J.B. and Others v Bundesrepublik Deutschland (Voluntary return)
Reference for a preliminary ruling – Asylum policy – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 33(2)(d) – Procedure for examining an application for international protection – Inadmissible applications – Subsequent application – Voluntary return and removal
Request for a preliminary ruling from the Verwaltungsgericht Minden
Language of the case: German
Case C-368/22 Skatteministeriet v Danish Fluid System Technologies
Reference for a preliminary ruling – Regulation (EEC) No 2658/87 – Customs Union – Common Customs Tariff – Tariff classification – Combined Nomenclature – Heading 7307 – Tube or pipe fittings – Subheading 7307 22 10 – Sleeves
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
Information (on unpublished decisions)
Case C-141/23 P(R) Telefónica de España v Commission
Appeal – Interim relief – Public procurement – Application for interim measures – Withdrawal of the contested decision – No need to adjudicate
Case C-100/22 P KY v Court of Justice of the European Union
Appeal – Civil service – Officials – Staff Regulations of Officials of the European Union – Article 77 – Pension – Article 11(2) of Annex VIII to the Staff Regulations – Transfer of national pension rights to the pension scheme of the European Union institutions – Crediting of additional pensionable years – Article 2 of Annex VIII to the Staff Regulations – Pension calculation – Fourth paragraph of Article 77 of the Staff Regulations – The ‘minimum subsistence figure’ rule – Request for reimbursement of the portion of the transferred pension rights not reflected in the EU pension amount – Unjust enrichment
Case C-712/22 P WT v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Disciplinary proceedings – Disciplinary penalty in the form of a reprimand – Action for annulment and for damages – Action manifestly inadmissible or manifestly unfounded
Case C-665/21 P MKB Multifunds v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – State aid – Alleged State aid granted by a Member State in favour of a fund of funds – Preliminary examination of the European Commission – Decision of the Commission finding no State aid – Action for annulment – Admissibility – Regulation (EU) 2015/1589 – Article 1(h) – Concept of ‘interested party’
Case C-15/23 P Heinze v L’Oréal and EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-56/23 Criminal proceedings against LO
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to present the factual context of the dispute in the main proceedings – Lack of sufficient information – Manifest inadmissibility
Case C-690/22 Shortcut v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 178(a) – Right to deduct – Conditions of exercise – Article 226(6) – Details which must appear on the invoice – Scope and nature of the services provided – Invoices containing a generic description of the services provided
June 2023
Case C-204/21 Commission v Poland (Independence and private life of judges)
Failure of a Member State to fulfil obligations – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union ‐ Rule of law – Effective legal protection in the fields covered by EU law – Independence of judges – Article 267 TFEU – Possibility of making a reference to the Court for a preliminary ruling – Primacy of EU law – Jurisdiction in relation to the lifting of the immunity from criminal prosecution of judges and in the field of employment law, social security and retirement of judges of the Sąd Najwyższy (Supreme Court, Poland) conferred on the Disciplinary Chamber of that court – National courts prohibited from calling into question the legitimacy of the constitutional courts and bodies or from establishing or assessing the lawfulness of the appointment of judges or their judicial powers – Verification by a judge of compliance with certain requirements relating to the existence of an independent and impartial tribunal previously established by law classified as a ‘disciplinary offence’ – Exclusive jurisdiction to examine questions relating to the lack of independence of a court or judge conferred on the Extraordinary Review and Public Affairs Chamber of the Sąd Najwyższy (Supreme Court) – Articles 7 and 8 of the Charter of Fundamental Rights – Rights to privacy and the protection of personal data – Regulation (EU) 2016/679 – Article 6(1), first subparagraph, points (c) and (e), and Article 6(3), second subparagraph – Article 9(1) – Sensitive data – National legislation requiring judges to make a declaration as to whether they belong to associations, foundations or political parties, and to the positions held within those associations, foundations or political parties, and providing for the placing online of the data contained in those declarations
Language of the case: Polish
Case C-700/21 O. G. v Presidente del Consiglio dei Ministri (European arrest warrant issued against a third-country national)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Grounds for optional non-execution of the European arrest warrant – Article 4(6) – Objective of social rehabilitation – Third-country nationals staying or residing on the territory of the executing Member State – Equal treatment – Article 20 in the Charter of the Fundamental Rights of the European Union
Request for a preliminary ruling from the Corte costituzionale
Language of the case: Italian
Case C-468/20 Fastweb and Others v Autorità per le Garanzie nelle Comunicazioni (Time frame for billing)
Reference for a preliminary ruling – Electronic communications networks and services – Directives 2002/19/EC, 2002/20/EC, 2002/21/EC et 2002/22/EC – Article 49 TFEU – Freedom of establishment – Article 56 TFEU – Freedom to provide services – National legislation granting the national regulatory authority the power to impose on telephony service providers a minimum time frame for the renewal of offers and a minimum time frame for billing – Consumer protection – Principle of proportionality – Principle of equal treatment
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-50/21 Prestige and Limousine v Área Metropolitana de Barcelona and Others
Reference for a preliminary ruling – Article 49 TFEU – Article 107(1) TFEU – Private-hire vehicles (PHVs) – Licencing scheme involving the issue, in addition to a licence to provide urban and interurban transport services throughout the national territory, of a second operating licence in order to be able to provide urban transport services in a metropolitan area – Limitation of the number of licences for PHV services to one thirtieth of the licences for taxi services
Request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña
Language of the case: Spanish
Case C-407/21 UFC - Que choisir and CLCV v Premier ministre and Ministre de l’Économie, des Finances et de la Relance
Reference for a preliminary ruling – Package travel and linked travel arrangements – Directive (EU) 2015/2302 – Article 12(2) to (4) – Termination of a package travel contract – Unavoidable and extraordinary circumstances – COVID-19 pandemic – Refund of payments made by the traveller concerned for a package – Refund in the form of a sum of money or equivalent refund in the form of a credit note (‘voucher’) – Obligation to provide that traveller with a refund not later than 14 days after the relevant contract is terminated – Temporary derogation from that obligation – Adjustment of the temporal effects of a decision taken in accordance with national law annulling national legislation that is contrary to that obligation
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-455/21 OZ v Lyoness Europe
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 2(b) – Definition of ‘consumer’ – Contract for membership of a loyalty scheme enabling certain financial benefits to be obtained when purchasing goods and services from third-party traders
Request for a preliminary ruling from the Tribunalul Olt
Language of the case: Romanian
Case C-540/21 Commission v Slovakia (Right of termination without fees)
Failure of a Member State to fulfil obligations – Package travel and linked travel arrangements – Directive (EU) 2015/2302 – Article 12(2) to (4) – Termination of a package travel contract – Unavoidable and extraordinary circumstances – COVID-19 pandemic – Refund of payments made by the traveller for the package – Refund in the form of a sum of money or in the form of a replacement package tour – Obligation to provide that traveller with a refund not later than 14 days after the relevant contract is terminated – Temporary derogation from that obligation
Language of the case: Slovak
Case C-545/21 ANAS v Ministero delle Infrastrutture e dei Trasporti
Reference for a preliminary ruling – European Union Structural Funds – Regulation (EC) No 1083/2006 – Article 2(7) – Concept of ‘irregularity’ – Article 98(1) and (2) – Financial corrections by Member States in connection with irregularities detected – Criteria to be applied – Directive 2004/18/EC – Point (d) of the first subparagraph of Article 45(2) – Concept of ‘grave professional misconduct’
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-567/21 BNP Paribas v TR
Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 44/2001 – Articles 33 and 36 – Recognition of a judgment given in another Member State – Question raised incidentally before the courts of another Member State – Effects produced by that judgment in the State of origin – Admissibility of an action brought in the Member State addressed after that judgment – National procedural rules imposing the concentration of claims in a single set of proceedings
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-570/21 I.S. and K.S. v YYY. (Concept of ‘consumer’)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Dual-purpose contract – Article 2(b) – Concept of ‘consumer’ – Criteria
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Woli w Warszawie
Language of the case: Polish
Case C-636/21 NN v Regione Lombardia (Market support measures related to animal diseases)
Reference for a preliminary ruling – Agriculture – Common organisation of the markets – Regulation (EU) No 1308/2013 – Article 220 – Market support measures related to animal diseases – Implementing Regulation (EU) 2019/1323 – Exceptional market support measures for the eggs and poultrymeat sectors in Italy – National legislation – Condition for the granting of aid – Farmers operational on the market in question on the date of submission of the application – Discretion of the Member States
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-640/21 Zes Zollner Electronic v Direcţia Regională Vamală Cluj – Biroul Vamal de Frontieră Aeroport Cluj Napoca
Reference for a preliminary ruling – Customs union – Regulation (EU) No 952/2013 – Union Customs Code – Excess quantity of goods discovered after the release of the goods – Article 173 – Amendment of a customs declaration – Goods other than those originally covered by the declaration to amend – Article 174 – Invalidation of a customs declaration – Article 42 – Penalties imposed by the customs authorities responsible – Delegated Regulation (EU) 2015/2446
Request for a preliminary ruling from the Tribunalul Cluj
Language of the case: Romanian
Case C-654/21 LM v KP (Counterclaim for a declaration of invalidity)
Reference for a preliminary ruling – EU trade mark – Dispute before the national court – Jurisdiction of EU trade mark courts – Regulation (EU) 2017/1001 – Article 124 – Action for infringement – Article 128 – Counterclaim for a declaration of invalidity – Subject matter of that counterclaim – Article 129(3) – Rules of procedure governing the same type of action relating to a national trade mark – Principle of procedural autonomy
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
Joined Cases C-747/21 P and C-748/21 P Severstal and NLMK v Commission
Appeal – Dumping – Implementing Regulation (EU) 2016/1328 – Imports of certain cold-rolled flat steel products originating in the People’s Republic of China and the Russian Federation – Definitive anti-dumping duty – Regulation (EC) No 1225/2009 – Article 18(1) – Necessary information – Absence – Article 9(4) – ‘Lesser duty rule’ – Target price – Profit margin of the Union industry – Establishment – Selection of the most recent representative year – Article 2(9) – Construction of the export price – Injury to the Union industry – Application by analogy – Calculation of the underselling margin – Statement of reasons
Language of the case: English
Case C-49/22 Austrian Airlines v TW (Repatriation flight)
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(1)(a) – Cancellation of a flight – Article 8(1) – Obligation to provide assistance – Concept of ‘re-routing’ – Compensation for air passengers in the event of cancellation of a flight – COVID‑19 pandemic – Repatriation flight organised by a Member State in the context of consular assistance – Flight operated by the same operating air carrier and at the same time as the cancelled flight – Costs to be borne by the passenger in excess of the net costs of that flight
Request for a preliminary ruling from the Landesgericht Korneuburg
Language of the case: German
Case C-322/22 E. v Dyrektor Izby Administracji Skarbowej we Wrocławiu
Reference for a preliminary ruling – Principle of sincere cooperation – Principle of effectiveness – Tax levied by a Member State in breach of EU law – Breach established following a ruling of the Court of Justice – Right to be paid interest on the overpayment – National legislation limiting the right to the payment of interest to the period running until the thirtieth day following the publication of the ruling of the Court of Justice in the Official Journal of the European Union
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Joined Cases C-430/22 and C-468/22 Criminal proceedings against VB and VB (Information for a person convicted in absentia)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/343 – Article 8(4) – Right to be present at the trial – Proceedings conducted in absentia – Reopening of the proceedings – Notice to the person convicted in absentia of his or her right to have the proceedings reopened
Requests for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-501/21 P Shindler and Others v Council
Appeal – Action for annulment – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Decision (EU) 2020/135 – Nationals of the United Kingdom of Great Britain and Northern Ireland – Consequences of that agreement on the status of citizen of the European Union and the rights attaching to that status for those nationals – Fourth paragraph of Article 263 TFEU – Locus standi – Conditions – Interest in bringing proceedings
Language of the case: French
Case C-520/21 Szcześniak v Bank M. (Consequences of the annulment of the contract)
Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Article 6(1) and Article 7(1) – Mortgage loan indexed to a foreign currency – Conversion clauses – Determination of the exchange rate between that foreign currency and the national currency – Effects of a finding that a clause is unfair – Effects of the annulment of a contract in its entirety – Possibility of asserting claims that go beyond the reimbursement of the amounts agreed in the contract and the payment of default interest – Damage incurred by the consumer – Unavailability of the amount of the monthly instalments paid to the bank – Damage incurred by the bank – Unavailability of the amount of the capital paid to the consumer – Deterrent effect of the prohibition on unfair terms – Effective protection of the consumer – Judicial interpretation of national legislation
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy - Śródmieścia w Warszawie
Language of the case: Polish
Case C-721/21 Eco Advocacy v An Bord Pleanála
Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Special areas of conservation – Article 6(3) – Screening of a plan or project with a view to determining whether or not it is necessary to carry out an appropriate assessment of the implications of that plan or project for a special area of conservation – Statement of reasons – Measures that may be taken into account – Project for the construction of a dwelling – Procedural autonomy – Principles of equivalence and effectiveness – Procedural rules according to which the subject matter of the dispute is determined by the pleas in law put forward at the point in time at which the action was brought
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Case C-132/22 BM and NP v Ministero dell'Istruzione, dell'Università e della Ricerca (Special lists)
Reference for a preliminary ruling – Freedom of movement for workers – Article 45 TFEU – Regulation (EU) No 492/2011 – Article 3(1) – Obstacle – Equal treatment – Procedure for compiling lists for awarding posts in certain national public institutions – Requirement for admission linked to prior professional experience gained at those institutions – National legislation not allowing professional experience gained in other Member States to be taken into account – Whether justified – Objective of combating job insecurity
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-183/22 Saint-Louis Sucre v Premier ministre and Others (Recognition of a producer organisation)
Reference for a preliminary ruling – Agriculture – Common organisation of the markets – Regulation (EU) No 1308/2013 – Statutes of producer organisations – Article 153(1)(b) – Rule that members may belong to only one producer organisation – Scope – Article 153(2)(c) – Democratic scrutiny by producer members of the producer organisation and the decisions taken within it – Control exercised by one person over certain members of a producer organisation
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-287/22 YQ and RJ v Getin Noble Bank (Suspension of the performance of a loan agreement)
Reference for a preliminary ruling – Consumer protection – Unfair terms in consumer contracts – Directive 93/13/EEC – Mortgage loan indexed to a foreign currency – Article 6(1) – Article 7(1) – Application for interim measures – Suspension of performance of the loan agreement – Ensuring full effectiveness of the restitutory effect
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
Case C-292/22 Teritorialna direktsia Mitnitsa Varna v NOVA TARGOVSKA KOMPANIA 2004
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Classification of goods – Combined Nomenclature – Headings 1511 and 1517 – Refined palm oil, bleached and deodorised – No method laid down for analysing the consistency of a product
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
Case C-411/22 Thermalhotel Fontana Hotelbetriebsgesellschaft v Bezirkshauptmannschaft Südoststeiermark
Reference for a preliminary ruling – Social security – Regulation (EC) No 883/2004 – Article 3(1)(a) – Concept of ‘sickness benefits’ – Scope – Freedom of movement for workers – Article 45 TFEU – Regulation (EC) No 492/2011 – Article 7(2) – Social advantages – Difference in treatment – Justifications – COVID-19 – Isolation of employees ordered by the national health authority – Compensation of those employees by the employer – Reimbursement of the employer by the competent authority – Exclusion of frontier workers required to isolate under a measure taken by the authority of their State of residence
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-459/20 X v Staatssecretaris van Justitie en Veiligheid (Thai mother of a Dutch minor child)
Reference for a preliminary ruling – Citizenship of the Union – Article 20 TFEU – Right to move and reside freely within the territory of the Member States – Decision of a Member State refusing residence to a third-country national parent of a minor child who has the nationality of that Member State – Child living outside the territory of the European Union and never having resided in its territory
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Utrecht
Language of the case: Dutch
Joined Cases C-6/21 P and C-16/21 P Germany v Pharma Mar and Commission and Estonia v Pharma Mar and Commission
Appeal – Intervention – Article 40 of the Statute of the Court of Justice of the European Union – Application by an agency of the European Union – Standing to intervene in a case between Member States and institutions of the Union – Interest in the result of the case – Allowed
Language of the case: English
Case C-427/21 LD v ALB FILS Kliniken
Reference for a preliminary ruling – Social policy – Temporary agency work – Directive 2008/104/EC – Article 1 – Scope – Definition of ‘temporary assignment’ – Transfer of duties performed by a worker, from the latter’s employer to a third-party undertaking – Permanent assignment of that worker while maintaining the latter’s initial contract of employment
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-513/21 P DI v ECB
Appeal – Civil service – Staff of the European Central Bank (ECB) – Conditions of employment – Disciplinary proceedings – Competent authority – Delegation – Legal certainty – Time-barred disciplinary proceedings – Presumption of innocence – Criminal proceedings – Distortion – Absence
Language of the case: English
Case C-579/21 Proceedings brought by J.M.
Reference for a preliminary ruling – Processing of personal data – Regulation (EU) 2016/679 – Articles 4 and 15 – Scope of the right of access to information referred to in Article 15 – Information contained in log data – Article 4 – Definition of ‘personal data’ – Definition of ‘recipients’ – Temporal application
Request for a preliminary ruling from the Itä-Suomen hallinto-oikeus
Language of the case: Finnish
Case C-660/21 Criminal proceedings against K.B. and F.S. (Raising ex officio of an infringement in criminal proceedings)
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Directive 2012/13/EU – Articles 3 and 4 – Obligation for the competent authorities to inform suspects and accused persons promptly of their right to remain silent – Article 8(2) – Right to invoke a breach of that obligation – National legislation prohibiting the trial court from raising such a breach of its own motion – Articles 47 and 48 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Tribunal correctionnel de Villefranche-sur-Saône
Language of the case: French
Joined Cases C-711/21 and C-712/21 XXX v État belge (Circumstances subsequent to a return decision)
Reference for a preliminary ruling – Article 267 TFEU – Admissibility – Continued interest in bringing proceedings in the dispute in the main proceedings – Obligation of the referring court to verify
Requests for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-823/21 Commission v Hungary (Declaration of intent prior to an asylum application)
Failure of a Member State to fulfil obligations – Area of freedom, security and justice – Policies on border checks, asylum and immigration – Procedures for granting international protection – Directive 2013/32/EU – Article 6 – Effective access – The making of an application – National legislation laying down prior administrative steps to be carried out outside the territory of the Member State – Public health objective
Language of the case: Hungarian
Case C-833/21 Endesa Generación v Tribunal Económico Administrativo Central
Reference for a preliminary ruling – Taxation of energy products and electricity – Directive 2003/96/EC – Article 14(1)(a) – Exemption of energy products used to produce electricity – Derogation – Taxation of energy products for ‘reasons of environmental policy’ – Scope
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
Case C-24/22 PR Pet v Inspecteur van de Belastingdienst/Douane, kantoor Eindhoven
Reference for a preliminary ruling – Common Customs Tariff – Classification of goods – Combined Nomenclature – Heading 9403 – Articles consisting of a structure, intended for cats, referred to as ‘cat scratching posts’ – Goods consisting of a variety of materials – Implementing Regulations (EU) No 1229/2013 and (EU) No 350/2014
Request for a preliminary ruling from the Rechtbank Noord-Holland
Language of the case: Dutch
Case C-258/22 Finanzamt Hannover-Nord v H Lebensversicherung
Reference for a preliminary ruling – Free movement of capital – Article 63 TFEU – Business tax – Calculation of the basis of assessment for that tax – Rules for calculation – Dividends from holdings of less than 10% in the capital of resident and non-resident capital companies – Inclusion in the basis of assessment for business tax – Time of the inclusion – Difference in treatment – Restriction – None
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-268/22 Vitol v Belgische Staat
Reference for a preliminary ruling – Commercial policy – Protection against dumping – Imports of biodiesel originating in Argentina and Indonesia – Validity of Implementing Regulation (EU) No 1194/2013 – Admissibility – No action for annulment brought by the applicant in the main proceedings – Importer – Determination of dumping – Factors to be taken into consideration
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel
Language of the case: Dutch
Case C-444/21 Commission v Ireland (Protection of special areas of conservation)
Failure of a Member State to fulfil obligations – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Special areas of conservation – Atlantic biogeographical region – Article 4(4) and Article 6(1) – Failure to designate special areas of conservation and to set conservation objectives – Absence or insufficiency of conservation measures
Language of the case: English
Case C-543/21 Verband Sozialer Wettbewerb v famila-Handelsmarkt Kiel (Containers on which a deposit is charged)
Reference for a preliminary ruling – Consumer protection – Indication of the prices of products – Directive 98/6/EC – Article 2(a) – Concept of ‘selling price’ – Products sold in returnable containers – National legislation requiring the amount of the deposit to be indicated separately from the selling price
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-756/21 X v International Protection Appeals Tribunal and Others (Attack in Pakistan)
Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Directive 2004/83/EC – Minimum standards for granting refugee status or subsidiary protection status – Second sentence of Article 4(1) – Cooperation of the Member State with the applicant to assess the relevant elements of the application – Scope – General credibility of the applicant – Article 4(5)(e) – Evaluation criteria – Common procedures for the grant of international protection – Directive 2005/85/EC – Appropriate examination – Article 8(2) and (3) – Judicial review – Article 39 – Scope – Procedural autonomy of the Member States – Principle of effectiveness – Reasonable time to take a decision – Article 23(2) and Article 39(4) – Consequences of any breach
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
Joined Cases C-829/21 and C-129/22 TE and RU v Stadt Frankfurt am Main and Stadt Offenbach am Main (Renewal of a residence permit in the second Member State)
Reference for a preliminary ruling – Immigration policy – Status of third-country nationals who are long-term residents – Directive 2003/109/EC – Second subparagraph of Article 9(4), Article 14(1), second subparagraph of Article 15(4), Article 19(2) and Article 22 – Right of third-country nationals to long-term resident status in a Member State – Grant by the first Member State of a ‘long-term resident’s EU residence permit’ of unlimited duration – Third-country national absent from the territory of the first Member State for a period of more than six years – Consequent loss of entitlement to long-term resident status – Application for renewal of a residence permit issued by the second Member State pursuant to the provisions of Chapter III of Directive 2003/109/EC – Application rejected by the second Member State because of the loss of that entitlement – Conditions
Requests for a preliminary ruling from the Hessischer Verwaltungsgerichtshof and Verwaltungsgericht Darmstadt
Language of the case: German
Case C-108/22 Dyrektor Krajowej Informacji Skarbowej v C. (VAT - Hotel services consolidator)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Special scheme for travel agents – Scope – Consolidator of accommodation services which purchases such services on its own behalf and resells them to other professionals without ancillary services
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-211/22 Super Bock Bebidas and Others v Autoridade da Concorrência
Reference for a preliminary ruling – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Vertical agreements – Minimum resale prices fixed by a supplier to its distributors – Concept of ‘restriction of competition by object’ – Concept of ‘agreement’ – Proof of a concurrence of wills between the supplier and its distributors – Practice covering almost the entire territory of a Member State – Effect on trade between Member States – Regulation (EC) No 2790/1999 and Regulation (EU) No 330/2010 – Hardcore restriction
Request for a preliminary ruling from the Tribunal da Relação de Lisboa
Language of the case: Portuguese
Case C-220/22 Commission v Portugal (Limit values – NO2)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Systematic and persistent exceedance of the annual limit value for nitrogen dioxide (ΝΟ2) – Appropriate measures – As short an exceedance period as possible
Language of the case: Portuguese
Case C-232/22 Cabot Plastics Belgium v Belgian State
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 44 – Place of supply of services – Implementing Regulation (EU) No 282/2011 – Article 11(1) – Provision of services – Point of reference for tax purposes – Concept of ‘fixed establishment’ – Suitable structure in terms of human and technical resources – Ability to receive and use the services for the fixed establishment’s own needs – Provision of tolling services and ancillary services – Exclusive contractual undertaking between a company providing services in a Member State and the company receiving those services established in a third State – Legally independent companies
Request for a preliminary ruling from the Cour d'appel de Liège
Language of the case: French
Joined Cases C-501/22 to C-504/22 Interfel v Ministre de l’Agriculture et de la Souveraineté alimentaire
Reference for a preliminary ruling – Agriculture and fisheries – Common organisation of the markets – Regulation (EU) No 1308/2013 – Article 164(1) and (4) – Marketing standards – Extension of an inter-trade agreement – Agreement providing for stricter rules than European Union rules
Requests for a preliminary ruling from the Conseil d'État
Language of the case: French
Information (on unpublished decisions)
Case C-140/23 P(I) Euranimi v Commission
Appeal – Intervention – Commercial policy – Dumping – Imports of stainless steel cold-rolled flat products originating in India and Indonesia – Representative trade association
Case C-669/22 Rozhlas a televízia Slovenska v CI
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Directive 93/13/EEC – Unfair terms in consumer contracts – Scope – Statement of the reasons justifying the need for an interpretation of certain provisions of European Union law by the Court of Justice and of the relationship between those provisions and the national legislation applicable – Insufficient information – Manifest inadmissibility
Case C-408/21 P Council v Pech
Appeal – Access to documents – Regulation (EC) No 1049/2001 – Article 4(2), second indent – Protection of legal advice – Article 4(3), first subparagraph – Protection of the decision-making process – Refusal to grant full access to a legal opinion of the Council of the European Union’s Legal Service
Case C-444/22 P Veen v Europol
Appeal – Article 181 of the Rules of Procedure of the Court – Non-contractual liability – Law enforcement cooperation – Criminal intelligence – Alleged unauthorised disclosure of data – Regulation (EU) 2016/794 – Article 50(1) – Non-material damage – Action for damages – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-750/22 P WV v CdT
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Agent – Employment for an indefinite period – Sick leave – Unjustified absences – Termination of the contract without notice – Conditions of employment of other servants of the European Union – Article 16 – Article 48(b) – Annulment of the termination decision – Claim for compensation – Material damage – Reality of the damage – Appeal manifestly unfounded
Case C-499/21 P Silver and Others v Council
Appeal – Action for annulment – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Decision (EU) 2020/135 – Nationals of the United Kingdom of Great Britain and Northern Ireland – Consequences of that agreement on the status of citizen of the European Union and the rights attaching to that status for those nationals – Fourth paragraph of Article 263 TFEU – Locus standi – Conditions – Interest in bringing proceedings
Case C-502/21 P Price v Council
Case C-199/23 P Zielonogórski Klub Żużlowy Sportowa v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-12/23 P Autoramiksas v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for annulment and for failure to act – Refusal of the European Commission to initiate proceedings for failure to fulfil obligations – Discretionary power of the Commission – Appeal manifestly unfounded
Case C-426/22 SOLE-MiZo v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Request for a preliminary ruling – Common system of value added tax – Directive 2006/112/EC – Article 183 – Principles of fiscal effectiveness and fiscal neutrality – Deduction of input tax – Refund of excess – Calculation of interest due because of the unavailability of an excess of deductible VAT withheld in breach of EU law – Monetary depreciation
Case C-818/21 P YG v Commission
Appeal – Civil service – Official – Promotion – 2019 promotion exercise – Decision not to promote the appellant to grade AST 9 – Article 45(1) of the Staff Regulations of Officials of the European Union – Comparison of merits – Distortion of the evidence – Disregard for and distortion of the pleas in the application at first instance – Infringement of the rights of the defence – Failure to fulfil the duty to state reasons
Case C-163/22 P Gmina Miasto Gdynia and Port Lotniczy Gdynia-Kosakowo v Commission
Appeal – State aid – Airport infrastructure – Public funding granted to the Gdynia-Kosakowo Airport – Decision declaring the aid measure incompatible with the internal market and ordering its recovery – Identification of the advantage and determination of the amount of the aid to be repaid – Principles of the protection of legitimate expectations, legal certainty, effective judicial protection, sound administration and sincere cooperation – Procedural rights of the appellants
Case C-259/22 P Arysta LifeScience Great Britain v Commission
Appeal – Plant protection products – Active substance – Regulation (EC) No 1107/2009 – Article 4(5) – Article 14(1) – Article 20(1) – Implementing Regulation (EU) No 844/2012 – Article 12(3) – Article 14(1) – Non-renewal of the approval of the active substance thiram for the purpose of placing it on the market – Rights of the defence – Precautionary principle – Equal treatment
Case C-720/22 P QN v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Appraisal report – Obligation to state reasons – Manifest error of assessment – Action for annulment and for damages – Appeal manifestly inadmissible in part and manifestly unfounded in part
Case C-24/23 Finalgarve – Sociedade de Promoção Imobiliária e Turística v Ministério do Planeamento e das Infraestruturas
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to set out the legal context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred – Lack of sufficient information – Manifest inadmissibility
Case C-77/23 P Haskovo Chamber of Commerce and Industry v EUIPO and Devin
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-763/21 P TUIfly v Commission
Appeal – State aid – Measures put into effect by the Republic of Austria for Klagenfurt airport, Ryanair and other airlines using that airport – Decision declaring the aid measures partially incompatible with the internal market – Article 107(1) TFEU – Private investor in a market economy – Ex ante incremental profitability analysis – Long-term profitability of the airport – Applicability – Article 107(3)(c) TFEU – Aid to facilitate the development of certain economic activities or of certain economic areas – Relevant assessment criterion for determining compatibility with the internal market – Profitability of the new air routes
Case C-467/22 P Airoldi Metalli v Commission
Appeal – Dumping – Imports of aluminium extrusions originating in the People’s Republic of China – Definitive anti-dumping duty – Action for annulment – Locus standi – Fourth paragraph of Article 263 TFEU – Condition that the measure must be of individual concern to the applicant – Regulatory act not entailing implementing measures
July 2023
Case C-252/21 Meta Platforms and Others v Bundeskartellamt (General terms of use of a social network)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Social networks – Abuse of a dominant position by the operator of such a network – Abuse which entails the processing of the personal data of the users of that network as provided for in its general terms of use – Powers of a competition authority of a Member State to find that processing is not consistent with that regulation – Reconciliation with the powers of the national data protection supervisory authorities – Article 4(3) TEU – Principle of sincere cooperation – Points (a) to (f) of the first subparagraph of Article 6(1) of Regulation 2016/679 – Whether the processing is lawful – Article 9(1) and (2) – Processing of special categories of personal data – Article 4(11) – Concept of ‘consent’
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Joined Cases C-212/21 P and C-223/21 P EIB v ClientEarth and Commission v EIB
Appeal – Environment – Aarhus Convention – Regulation (EC) No 1367/2006 – Article 2(1)(f) – Concept of ‘environmental law’ – Article 2(1)(g) – Concept of ‘administrative act’ – Article 10(1) – Internal review of administrative acts – Resolution of the Board of Directors of the European Investment Bank (EIB) approving the financing of a biomass power generation plant – Rejection of the request for internal review of that resolution as inadmissible – Independence of the EIB in the sphere of its financial operations – Article 271(c) TFEU – Scope
Language of the case: English
Case C-510/21 DB v Austrian Airlines (First aid on board an aircraft)
Reference for a preliminary ruling – Air transport – Montreal Convention – Article 17(1) – Liability of air carriers for death or injury sustained by passengers – Concept of ‘accident’ – Bodily injuries aggravated by first aid administered following an accident that took place on board an aircraft
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-663/21 Bundesamt für Fremdenwesen und Asyl v AA (Refugee who has committed a serious crime)
Reference for a preliminary ruling – Directive 2011/95/EU – Standards for granting refugee status or subsidiary protection status – Article 14(4)(b) – Revocation of refugee status – Third-country national convicted by a final judgment of a particularly serious crime – Danger to the community – Proportionality test – Directive 2008/115/EU – Return of illegally staying third-country nationals – Postponement of removal
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-8/22 XXX v Commissaire général aux réfugiés et aux apatrides (Refugee who has committed a serious crime)
Reference for a preliminary ruling – Directive 2011/95/EU – Standards for granting refugee status or subsidiary protection status – Article 14(4)(b) – Revocation of refugee status – Third-country national convicted by a final judgment of a particularly serious crime – Danger to the community – Proportionality test
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-142/22 OE v Minister for Justice and Equality (Request for consent – Effects of the original European arrest warrant)
Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 27 – Prosecution for an offence committed prior to the person’s surrender other than that for which he or she was surrendered – Request for consent sent to the executing judicial authority – European arrest warrant issued by the public prosecutor of a Member State which is not an issuing judicial authority – Consequences for the request for consent
Request for a preliminary ruling from the Supreme Court
Language of the case: English
Case C-166/22 Hellfire Massy Residents Association v An Bord Pleanála and Others
Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 12 – System of strict protection for certain animal species – Article 16 – Derogation – Procedure for granting such a derogation – Right of public participation
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
Case C-402/22 Staatssecretaris van Justitie en Veiligheid v M.A. (Particularly serious crime)
Reference for a preliminary ruling – Directive 2011/95/EU – Standards for granting refugee status or subsidiary protection status – Article 14(4)(b) – Revocation of refugee status – Third-country national convicted by a final judgment of a particularly serious crime – Danger to the community – Proportionality test
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-404/22 Ethnikos Organismos Pistopoiisis Prosonton & Epangelmatikou Prosanatolismou v Elliniko Dimosio
Reference for a preliminary ruling – Information and consultation of workers – Directive 2002/14/EC – Scope – Meaning of ‘undertaking carrying out an economic activity’ – Private-law entity operating in the public sector – Removal of workers appointed to managerial positions – No prior information or consultation of employee representatives
Request for a preliminary ruling from the Dioikitiko Protodikeio Athinon
Language of the case: Greek
Case C-462/22 BM v LO (Residence of the divorce applicant)
Reference for a preliminary ruling – Jurisdiction, recognition and enforcement of judgments in matrimonial matters – Regulation (EC) No 2201/2003 – Sixth indent of Article 3(1)(a) – Forum actoris – Condition – Habitual residence of the applicant in the Member State of the court seised for the entire period immediately before the application was made
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-593/22 FS and WU v First Bank
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Scope – Article 1(2) – Exclusion of contractual terms reflecting mandatory statutory or regulatory provisions – Credit agreement denominated in a foreign currency – Terms relating to the exchange rate risk – Presumption of knowledge of the law
Request for a preliminary ruling from the Tribunalul Specializat Cluj
Language of the case: Romanian
Case C-93/23 P EUIPO v Neoperl
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal allowed to proceed
Language of the case: German
Case C-376/20 P Commission v CK Telecoms UK Investments
Appeal – Competition – Regulation (EC) No 139/2004 – Control of concentrations of undertakings – Mobile telecommunications services – Decision declaring a concentration incompatible with the internal market – Oligopolistic market – Significant impediment to effective competition – Non-coordinated effects – Standard of proof – European Commission’s margin of discretion with regard to economic matters – Limits of judicial review – Guidelines on horizontal mergers – Factors relevant to demonstrating a significant impediment to effective competition – Concepts of ‘important competitive force’ and ‘close competitors’ – Closeness of competition between the parties to the concentration – Quantitative analysis of the effects of the proposed concentration on prices – Efficiencies – Distortion – Complaint raised by the General Court of the European Union of its own motion – Annulment
Language of the case: English
Joined Cases C-615/20 and C-671/20 Criminal proceedings against YP and Others (Lifting of a judge's immunity and his or her suspension from duties)
References for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Rule of law – Effective legal protection in the fields covered by Union law – Independence of judges – Primacy of EU law – Article 4(3) TEU – Duty of sincere cooperation – Lifting of a judge’s immunity from prosecution and his or her suspension from duties ordered by the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland) – Lack of independence and impartiality on the part of that chamber – Alteration of the composition of the court formation called on to adjudicate on a case which up to that time had been entrusted to that judge – Prohibitions on national courts calling into question the legitimacy of a court, on undermining its functioning or on assessing the legality or effectiveness of the appointment of judges or of their judicial powers, subject to disciplinary penalties – Obligation on the courts concerned and the bodies which have power to designate and modify the composition of court formations to disapply the measures lifting immunity and suspending the judge concerned – Obligation on the same courts and bodies to disapply the national provisions providing for those prohibitions
Requests for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
Joined Cases C-363/21 and C-364/21 Ferrovienord v ISTAT and Federazione Italiana Triathlon v ISTAT and Ministero dell'Economia e delle Finanze
References for a preliminary ruling – Second paragraph of Article 19(1) TEU – Obligation on Member States to provide remedies sufficient to ensure effective legal protection in the fields covered by EU law – Economic policy – Regulation (EU) No 549/2013 – European system of national and regional accounts in the European Union (ESA) – Directive 2011/85/EU – Requirements for budgetary frameworks of the Member States – National legislation limiting the jurisdiction of the audit court – Principles of effectiveness and equivalence – Article 47 of the Charter of Fundamental Rights of the European Union
Requests for a preliminary ruling from the Corte dei Conti
Language of the case: Italian
Case C-426/21 Ocilion IPTV Technologies v Seven.One Entertainment Group and Puls 4 TV
Reference for a preliminary ruling – Intellectual property – Copyright in the information society – Directive 2001/29/EC – Article 3 – Right of communication to the public – Article 5(2)(b) – ‘Private copying’ exception – Provider of an Internet Protocol television (IPTV) service – Access to protected content without the rightholders’ consent – Online video recorder – Replay function – De-duplication technique
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-615/21 Napfény-Toll v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Value added tax (VAT) – National legislation providing for the possibility of suspending, without any temporal limit, the limitation period for action by the tax authorities in the event of court proceedings – Repeated tax procedures – Regulation No 2988/95 – Scope – Principles of legal certainty and effectiveness of EU law
Request for a preliminary ruling from the Szegedi Törvényszék
Language of the case: Hungarian
Case C-765/21 D. M. v Azienda Ospedale-Università di Padova
Reference for a preliminary ruling – Public health – National legislation imposing a vaccination obligation on health professionals – Suspension from duty without pay for personnel refusing the vaccine – Regulation (EC) No 726/2004 – Medicinal products for human use – Vaccines against COVID-19 – Regulation (EC) No 507/2006 – Validity of conditional marketing authorisations – Regulation (EU) 2021/953 – Prohibition of discrimination between vaccinated and unvaccinated persons – Inadmissibility
Request for a preliminary ruling from the Tribunale ordinario di Padova
Language of the case: Italian
Case C-35/22 CAJASUR Banco v JO and IM
Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 6(1) – General conditions of a mortgage loan agreement declared null and void by national courts – Legal action – Admission prior to any dispute – National legislation requiring a consumer to take steps prior to bringing proceedings against the seller or supplier concerned in order to guarantee the award of the costs of legal proceedings – Principle of sound administration of justice – Right to effective judicial protection
Request for a preliminary ruling from the Audiencia Provincial de Malaga
Language of the case: Spanish
Joined Cases C-73/22 P and C-77/22 P Grupa Azoty and Others v Commission
Appeal – State aid – Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading – Eligible economic sectors – Exclusion of the nitrogen compounds and fertilisers sector – Action for annulment – Admissibility – Right of natural or legal persons to institute proceedings – Fourth paragraph of Article 263 TFEU – Condition that the applicant must be directly concerned
Language of the case: English
Case C-87/22 TT v AK (Wrongful removal of a child)
Reference for a preliminary ruling – Jurisdiction in matters of parental responsibility – Regulation (EC) No 2201/2003 – Articles 10 and 15 – Transfer to a court of another Member State better placed to hear the case – Conditions – Court of the Member State to which the child has been wrongfully removed – The 1980 Hague Convention – Best interests of the child
Request for a preliminary ruling from the Landesgericht Korneuburg
Language of the case: German
Case C-106/22 Xella Magyarország v Innovációs és Technológiai Miniszter
Reference for a preliminary ruling – Free movement of capital – Freedom of establishment – Regulation (EU) 2019/452 – Legislation of a Member State establishing a mechanism for filtering foreign investment in resident companies considered to be ‘strategic’ – Decision adopted on the basis of that legislation, prohibiting the acquisition by a resident company of all the shares of another resident company – Acquired company considered to be ‘strategic’ on the ground that its primary activity concerns the extraction of certain raw materials such as gravel, sand and clay – Acquiring company considered to be a ‘foreign investor’ on the ground that it forms part of a group of companies whose ultimate parent company is established in a third country – Harm or risk of harm to a national interest, public security or public order of the Member State – Objective intended to ensure the security of supply of raw materials to the construction sector, in particular at the local level
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-134/22 MO v SM
Reference for a preliminary ruling – Social policy – Collective redundancies – Directive 98/59/EC – Information and consultation – Second subparagraph of Article 2(3) – Obligation of employer contemplating a collective redundancy to forward to the competent public authority a copy of the information communicated to the workers’ representatives – Objective – Consequences of a failure to comply with that obligation
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-136/22 P D & A Pharma v EMA
Appeal – Medicinal products for human use – Regulation (EC) No 726/2004 – Decision by the European Medicines Agency (EMA) not to renew a scientific advisory group – Action for annulment brought by the applicant for a marketing authorisation – Admissibility – Interest in bringing proceedings – Vested and current interest which may arise from another legal action – Conditions
Language of the case: French
Case C-180/22 Finanzamt Hamm v Mensing
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 311 et seq. – Special arrangements for works of art – Margin scheme – Taxable dealers – Supply of works of art by creators or their successors in title – Intra-Community transactions – Right to deduct input tax
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-265/22 ZR and PI v Banco Santander (Reference to an official index)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan agreements – Term providing for a variable interest rate – Reference index based on the annual percentage rates of charge (APRC) of mortgage loans granted by credit institutions – Index established by a regulatory or administrative act – Information contained in the preamble to that act – Check relating to the requirement of transparency – Assessment of the unfair nature of the term
Request for a preliminary ruling from the Juzgado de Primera Instancia n. 17 de Palma de Mallorca
Language of the case: Spanish
Case C-313/22 Achilleion v Elliniko Dimosio
Reference for a preliminary ruling – Structural Funds – European Regional Development Fund (ERDF) – Co-financing – Regulation (EC) No 1260/1999 – Articles 30(4) and 39(1) – Durability of investment operations – ‘Substantial modification’ of a co-financed investment operation – Recovery of aid in the event of transfer of the establishment which is the subject of that operation – Effect of the specific circumstances surrounding that transfer
Request for a preliminary ruling from the Elegktiko Synedrio
Language of the case: Greek
Case C-344/22 Gemeinde A v Finanzamt
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Supply of services for consideration – Bodies governed by public law – Municipality collecting a spa tax for the provision of spa facilities accessible to everyone
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-55/23 PA v MO
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Jurisdiction, applicable law, recognition and enforcement of decisions, acceptance and enforcement of authentic instruments in matters of succession, and creation of a European Certificate of Succession – Regulation (EU) No 650/2012 – Article 10(1)(a) – Subsidiary jurisdiction – Article 267 TFEU – Obligation to comply with the directions of a higher court
Request for a preliminary ruling from the Sąd Rejonowy Szczecin – Prawobrzeże i Zachód w Szczecinie
Language of the case: Polish
Case C-97/23 P WhatsApp Ireland v European Data Protection Board
Appeal – Application to intervene – Article 40, second paragraph, of the Statute of the Court of Justice of the European Union – Interest in the result of the case – Application made by the European Data Protection Supervisor (EDPS) – Rejection
Language of the case: English
Case C-97/23 P WhatsApp Ireland v European Data Protection Board
Appeal – Application to intervene – Article 40, second paragraph, of the Statute of the Court of Justice of the European Union – Interest in the result of the case – Trade association – Rejection
Language of the case: English
Case C-107/23 PPU Criminal proceedings against C.I. and Others
Reference for a preliminary ruling – Protection of the financial interests of the European Union – Article 325(1) TFEU – PFI Convention – Article 2(1) – Obligation to counter fraud affecting the financial interests of the European Union by taking effective deterrent measures – Obligation to provide for criminal penalties – Value added tax (VAT) – Directive 2006/112/EC – Serious VAT fraud – Limitation period for criminal liability – Judgment of a constitutional court invalidating a national provision governing the grounds for interrupting that period – Systemic risk of impunity – Protection of fundamental rights – Article 49(1) of the Charter of Fundamental Rights of the European Union – Principle that offences and penalties must be defined by law – Requirements of foreseeability and precision of criminal law – Principle of the retroactive application of the more lenient criminal law (lex mitior) – Principle of legal certainty – National standard of protection of fundamental rights – Duty on the courts of a Member State to disapply judgments of the constitutional court and/or the supreme court of that Member State in the event that they are incompatible with EU law – Disciplinary liability of judges in the event of non-compliance with those judgments – Principle of the primacy of EU law
Request for a preliminary ruling from the Curtea de Apel Braşov
Language of the case: Romanian
Case C-26/23 P Minority SafePack – one million signatures for diversity in Europe v Commission
Appeal – Citizens’ initiative ‘Minority SafePack’ – Application to intervene – Second paragraph of Article 40 of the Statute of the Court of Justice of the European Union – Interest in the result of the case – Granted
Language of the case: English
Case C-26/23 P Minority SafePack – one million signatures for diversity in Europe v Commission
Appeal – Citizens’ initiative ‘Minority SafePack’ – Application to intervene – Second paragraph of Article 40 of the Statute of the Court of Justice of the European Union – Interest in the result of the case – Granted
Language of the case: English
Information (on unpublished decisions)
Case C-120/23 P Suicha v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-7/22 P RQ v Council and Commission
Appeal – Actions for damages – Economic and monetary policy – Restructuring of Greek public debt – Private sector involvement – Damage caused by a reduction in the nominal value of newly issued State bonds compared with the value of cancelled bonds – Statements by the heads of State or Government of the euro zone and the institutions of the European Union – Decisions of the Euro Group – Informal and intergovernmental nature of the Euro Group – Non-contractual liability of the European Union – Possibility of attributing damage
Case C-285/22 P Julien v Council
Appeal – Action for annulment – Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part – Decision (EU) 2021/689 – National of the United Kingdom with family and property interests in the European Union – Fourth paragraph of Article 263 TFEU – Locus standi – Conditions – Interest in bringing proceedings
Case C-64/23 P Neoperl v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request that an appeal be allowed to proceed failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-757/21 P Nichicon Corporation v Commission
Appeal – Authentication of a judgment by the General Court – Article 118 of the Rules of Procedure of the General Court – Copy of the judgment to be served – Signature of the judges – Agreements, decisions and concerted practices – Article 101 TFEU – Market for tantalum and aluminium electrolytic capacitors – Agreements and concerted practices in respect of several elements of pricing – Concept of infringement ‘by object’ – European Commission’s burden of proof – Statements of undertakings – Reliability – Geographic scope of anticompetitive conduct – Single and continuous infringement – Fine – Calculation of the basic amount – Sales to be taken into account – Mitigating circumstances – Unlimited jurisdiction
Case C-759/21 P Nippon Chemi-Con Corporation v Commission
Appeal – Authentication of a judgment by the General Court – Article 118 of the Rules of Procedure of the General Court – Copy of the judgment to be served – Signature of the judges – Agreements, decisions and concerted practices – Article 101 TFEU – Market for tantalum and aluminium electrolytic capacitors – Agreements and concerted practices in respect of several elements of the pricing – Concept of infringement ‘by object’ – European Commission’s burden of proof – Geographic scope of anticompetitive conduct – Single and continuous infringement – Fine – Calculation of the basic amount – Sales to be taken into account – Mitigating circumstances – Unlimited jurisdiction
Case C-142/23 P Hecht Pharma v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-94/23 P Puma v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-145/23 P Puma v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-270/23 P Topcart v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-280/23 P Canai Technology v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-335/22 A v Autoridade Tributária e Aduaneira (Imposition frappant la commercialisation de titres)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Directive 2008/7/EC – Article 5(2)(b) – Indirect taxes on the raising of capital – Stamp duty on services relating to the placement of bonds and commercial papers on the market
Case C-416/22 EDP v Autoridade Tributária e Aduaneira (Imposition frappant la commercialisation de titres)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Answer which may be clearly deduced from existing case-law – Directive 2008/7/EC – Article 5(2) – Indirect taxes on the raising of capital – Stamp duty on services relating to the placement on the market of bonds, public offers for subscription of shares and offers to repurchase bonds
Case C-97/23 P WhatsApp Ireland v European Data Protection Board
Appeal – Intervention – Confidentiality
September 2023
Case C-137/21 Parliament v Commission (Visa exemption for nationals of the United States)
Action for failure to act – Regulation (EU) 2018/1806 – Point (f) of the first paragraph of Article 7 – List of third countries whose nationals must be in possession of visas when crossing the external borders of the Member State – List of third countries whose nationals are exempt from that requirement – Principle of reciprocity – Request to adopt a delegated act temporarily suspending the visa exemption for a 12-month period for nationals of the United States of America
Language of the case: English
Case C-689/21 X v Udlændinge- og Integrationsministeriet (Loss of Danish nationality)
Reference for a preliminary ruling – Citizenship of the European Union – Article 20 TFEU – Article 7 of the Charter of Fundamental Rights of the European Union – Citizen holding the nationality of a Member State and the nationality of a third country – Loss of the nationality of the Member State by operation of law upon reaching the age of 22 on the ground of lack of a genuine link with that Member State where no application to retain nationality has been made before the date on which that age is reached – Loss of citizenship of the Union – Examination of the proportionality of the consequences of that loss from the point of view of EU law – Limitation period
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-216/21 Asociaţia “Forumul Judecătorilor din România” and YN v Consiliul Superior al Magistraturii
Reference for a preliminary ruling – Decision 2006/928/EC – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Article 2 TEU – Second subparagraph of Article 19(1) TEU – Rule of law – Charter of Fundamental Rights of the European Union – Article 47 – Independence of judges – National legislation altering the scheme for the promotion of judges
Request for a preliminary ruling from the Curtea de Apel Ploieşti
Language of the case: Romanian
Case C-461/21 Cartrans Preda v Direcţia Generală Regională a Finanţelor Publice Ploieşti
Reference for a preliminary ruling – Directive 2006/112/EC – Common system of value added tax (VAT) – Exemptions – Road carriage transactions directly connected with the import of goods – Rules of evidence – Articles 56 and 57 TFEU – Freedom to provide services – Recovery of VAT by a non-resident – Taxation of consideration paid by way of a tax on the income of non-resident persons – Tax withheld at source by a resident
Request for a preliminary ruling from the Tribunalul Prahova
Language of the case: Romanian
Case C-590/21 Charles Taylor Adjusting and FD v Starlight Shipping Company and Overseas Marine Enterprises
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Recognition and enforcement in one Member State of judgments from another Member State – Article 34 – Grounds for refusal – Infringement of public policy in the European Union and of national public policy – Definition of ‘public policy’ – Mutual trust – ‘“Quasi” anti-suit injunction’ – Judgments preventing the exercise of the right to effective judicial protection or the continuation of proceedings brought before the courts of another Member State
Request for a preliminary ruling from the Areios Pagos
Language of the case: Greek
Case C-601/21 Commission v Poland
Failure of a Member State to fulfil obligations – Public contracts for services contracts – State printing office – Production of identity documents and other official documents as well as systems for managing such documents – National legislation providing for the award of contracts for such production to a public undertaking without first conducting a procurement procedure – Article 346(1)(a) TFEU – Directive 2014/24/EU – Article 1(1) and (3) – Article 15(2) and (3) – Special security measures – Protection of a Member State’s essential security interests
Language of the case: Polish
Case C-832/21 Beverage City & Lifestyle and Others v Advance Magazine Publishers
Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EU) No 1215/2012 – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Special jurisdiction – Article 8(1) – More than one defendant – Claims so closely connected that it is expedient to hear and determine them together – Anchor defendant – EU trade mark – Regulation (EU) 2017/1001 – Articles 122 and 125 – Action for infringement of an EU trade mark brought against a number of defendants domiciled in different Member States – Jurisdiction of the courts of the place where the managing director of a defendant company is domiciled – Jurisdiction of the court seised in respect of co-defendants domiciled outside the forum Member State – Concept of ‘so closely connected’ – Exclusive distribution agreement between a supplier and its customer
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-15/22 RF v Finanzamt G (Aid development projects)
Reference for a preliminary ruling – Development cooperation – Direct taxation – Income tax – Exemption granted to employees assigned to development aid projects financed from national budgetary resources – Difference in treatment of employees assigned to a project financed by the European Development Fund – Article 63(1) TFEU – Free movement of capital – Article 4(3) TEU – Duty of sincere cooperation – Facilitating the tasks of the European Union – Articles 208 and 210 TFEU – Development cooperation – Obligation to promote policies in the area of development cooperation – Invocability
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-135/22 P Breyer v REA
Appeal – Access to documents of the institutions of the European Union – Regulation (EC) No 1049/2001 – First indent of Article 4(2) – Exception to the right of access – Protection of commercial interests – Framework Programme for Research and Innovation ‘Horizon 2020’ (2014-2020) – Documents relating to the ‘iBorderCtrl: Intelligent Portable Border Control System’ research project – Decision of the European Research Executive Agency (REA) refusing access to certain information – Overriding public interest
Language of the case: German
Case C-162/22 A. G. v Lietuvos Respublikos generalinė prokuratūra
Reference for a preliminary ruling – Telecommunications – Processing of personal data in the electronic communications sector – Directive 2002/58/EC – Scope – Article 15(1) – Data retained by providers of electronic communications services and made available to authorities in charge of criminal proceedings – Subsequent use of those data in an investigation into misconduct in office
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-169/22 Groenland Poultry v Agenţia de Plăţi şi Intervenţie pentru Agricultură - Centrul Judeţean Dâmboviţa
Reference for a preliminary ruling – Common agricultural policy – European Agricultural Fund for Rural Development (EAFRD) – Rural development support measures – Animal welfare payments – Regulation (EC) No 1974/2006 – Article 44(1) and (2)(a) – Article 47(1) – Transfer of an agricultural holding to a new beneficiary – Subsequent cessation, by that beneficiary, of agricultural activities – ‘Force majeure or exceptional circumstances’ – Obligation to reimburse all or part of the aid received – Principle of proportionality
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-209/22 Criminal proceedings against (Fouille corporelle)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Right to information in criminal proceedings – Directive 2012/13/EU – Right of access to a lawyer in criminal proceedings – Directive 2013/48/EU – Scope – National legislation which does not refer to the concept of a suspect – Preliminary stage of the criminal proceedings – Coercive measure of personal search and seizure – Retrospective authorisation by the court having jurisdiction – Lack of judicial review of measures to obtain evidence – Articles 47 and 48 of the Charter of Fundamental Rights of the European Union – Effective exercise of the rights of defence of suspects and of accused persons during the judicial review of measures to obtain evidence
Request for a preliminary ruling from the Rayonen sad Lukovit
Language of the case: Bulgarian
Case C-226/22 Nexive Commerce and Others v Autorità per le Garanzie nelle Comunicazioni and Others
Reference for a preliminary ruling – Postal services in the European Union – Directive 97/67/EC – Fourth indent of the second subparagraph of Article 9(2) and Article 9(3) – Article 22 – Undertakings in the postal sector – Contribution to the operational costs of the regulatory authority for the postal sector – Obligation – Financial burden borne exclusively by market participants, without distinction according to the type of services provided – Principles of proportionality and non-discrimination
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-323/22 KRI v Agenzia delle Dogane e dei Monopoli
Reference for a preliminary ruling – Free movement of goods – Excise duties – Directive 92/12/EEC – Article 6(1)(a) – Chargeability of excise duty – Irregular departure from a suspension arrangement – Unlawful act solely attributable to a third party – Falsification of the accompanying administrative document – Article 14(1) – Exemption for losses occurring under the suspension arrangement – Fortuitous events or force majeure – Liability of the authorised warehousekeeper
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-453/22 Schütte v Finanzamt Brilon
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Principle of VAT neutrality – Principle of effectiveness – VAT rate set too high on a purchase invoice – Reimbursement of the overpaid tax – Direct action against the tax authorities – Effect of the risk of a double reimbursement of the same VAT
Request for a preliminary ruling from the Finanzgericht Münster
Language of the case: German
Case C-71/21 KT v Sofiyska gradska prokuratura (Mandats d’arrêt successifs)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Agreement on the surrender procedure between, on the one hand, the Member States of the European Union and, on the other hand, the Republic of Iceland and the Kingdom of Norway – Article 1(3) – Fundamental rights – Refusal by a Member State to execute an arrest warrant issued by the Kingdom of Norway – Issuing of a new arrest warrant by the Kingdom of Norway against the same person for the same acts – Examination by another Member State – Taking into account of the refusal to execute the first arrest warrant
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
Case C-466/21 P Land Rheinland-Pfalz v Deutsche Lufthansa
Appeal – State aid – Aviation sector – Operational aid granted by the Federal Republic of Germany to Frankfurt-Hahn airport – Article 108 TFEU – Decision not to open the formal investigation procedure – Action for annulment – Status as an interested party – Safeguard of procedural rights
Language of the case: German
Joined Cases C-508/21 P and C-509/21 P Commission v Dansk Erhverv and IGG v Commission
Appeal – State aid – Article 107(1) TFEU – Sale of canned beverages to residents of the Kingdom of Denmark – Sale without deposit on condition that the beverages purchased are exported – Non-imposition of a fine – Concept of ‘State aid’ – Concept of ‘State resources’ – Decision declaring the absence of aid – Action for annulment
Language of the case: English
Case C-632/21 JF and NS v Diamond Resorts Europe and Others
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 593/2008 – Law applicable to contractual obligations – Scope – Timeshare contracts – Legal proceedings seeking a declaration that those contracts are void – United Kingdom nationals – Choice of applicable law – Article 3 – Freedom of choice – Article 4(1)(b) and (c) – Applicable law in the absence of a choice made by the parties – Article 6 – Consumer contracts – Limits
Request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción - Granadilla de Abona
Language of the case: Spanish
Case C-820/21 Vinal v Direktor na Agentsia 'Mitnitsi'
Reference for a preliminary ruling – Excise duty – Directive 2008/118/EC – Article 16 – Tax warehouse arrangements – Conditions for the grant of an authorisation for the opening and operation of a tax warehouse by an authorised warehousekeeper – Failure to satisfy those conditions – Final withdrawal of the authorisation, together with the imposition of a financial penalty – Article 50 of the Charter of Fundamental Rights of the European Union – Ne bis in idem principle – Proportionality
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C-821/21 NM v Club La Costa and Others
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Special jurisdiction – Jurisdiction over consumer contracts – Article 18(1) – Concept of ‘other party to a contract’ – Article 63 – Domicile of a legal person – Regulation No 593/2008 – Law applicable to contractual obligations – Choice of applicable law – Article 3 – Freedom of choice – Article 6 – Consumer contracts – Limits – Contract concluded with a consumer concerning timeshare rights in tourist accommodation by a means of a points scheme
Request for a preliminary ruling from the Juzgado de Primera Instancia de Fuengirola
Language of the case: Spanish
Case C-27/22 Volkswagen Group Italia and Volkswagen Aktiengesellschaft v Autorità Garante della Concorrenza e del Mercato
Reference for a preliminary ruling – Article 50 of the Charter of Fundamental Rights of the European Union – Principle ne bis in idem – Penalty imposed concerning unfair commercial practices – Criminal nature of the penalty – Criminal penalty imposed in a Member State after the adoption of a penalty concerning unfair commercial practices in another Member State but which became final before the latter penalty – Article 52(1) – Limitations to the principle ne bis in idem – Conditions – Coordination of proceedings and penalties
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-55/22 NK v Bezirkshauptmannschaft Feldkirch
Reference for a preliminary ruling – Article 50 of the Charter of Fundamental Rights of the European Union – Principle ne bis in idem – Final termination of a first set of proceedings brought for an infringement of a provision of national legislation on games of chance – Administrative penalty of a criminal nature imposed for the same acts for an infringement of a different provision of that legislation – First set of proceedings terminated on account of an incorrect legal classification of the offence committed
Request for a preliminary ruling from the Landesverwaltungsgericht Vorarlberg
Language of the case: German
Case C-83/22 RTG v Tuk Tuk Travel
Reference for a preliminary ruling – Directive (EU) 2015/2302 – Article 5 – Package travel and linked travel arrangements – Termination of a package travel contract – Unavoidable and extraordinary circumstances – COVID-19 pandemic – Right to terminate the contract – Request for full refund – Information obligation on the travel organiser – Article 12 – Application in national law of the principles of the delimitation of the subject matter of an action by the parties and of the correlation between the claims put forward in the action and the rulings contained in the operative part – Effective protection of the consumer – Examination of its own motion by the national court – Conditions
Request for a preliminary ruling from the Juzgado de Primera Instancia de Cartagena
Language of the case: Spanish
Case C-113/22 DX v INSS and Tesorería General de la Seguridad Social (Refus du complément de maternité)
Reference for a preliminary ruling – Social policy – Directive 79/7/EEC – Equal treatment for men and women in matters of social security – Article 6 – National legislation providing for the right to a pension supplement only for women – Preliminary ruling from the Court from which it may be held that that legislation constitutes direct discrimination on grounds of sex – Administrative practice of continuing to apply that legislation despite that ruling – Separate discrimination – Pecuniary damages – Reimbursement of expenditure relating to costs and lawyers’ fees
Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
Case C-246/22 Staatsanwaltschaft Köln and Bundesamt für Güterverkehr (Transport of empty containers)
Reference for a preliminary ruling – Transport operations – Combined transport of goods between Member States – Directive 92/106/EEC – International carriage of goods by road – Regulation (EC) No 1072/2009 – Transport of empty containers before loading or after unloading of goods in the context of combined transport – Non-applicability of the provisions relating to cabotage operations
Request for a preliminary ruling from the Amtsgericht Köln
Language of the case: German
Case C-393/22 EXTÉRIA v Spravíme
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Special jurisdiction in matters relating to a contract – Article 7(1)(b) – Concept of contract for the ‘provision of services’ – Termination of a contract to enter into a future contract relating to the future conclusion of a franchise agreement
Request for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
Case C-478/21 P China Chamber of Commerce for Import and Export of Machinery and Electronic Products and Others v Commission
Appeal – Dumping – Implementing Regulation (EU) 2018/140 – Imports of certain cast iron articles originating in the People’s Republic of China and in India – Definitive anti-dumping duty – Action for annulment – Admissibility – Standing to bring proceedings – Representative association of exporters – Regulation (EU) 2016/1036 – Article 3(2), (3), (6) and (7) – Injury – Calculation of the import volume – Positive evidence – Objective examination – Extrapolation – Calculation of the EU industry’s cost of production – Prices charged intra-group – Causal link – Assessment of injury by segment – None – Article 6(7) – Article 20(2) and (4) – Procedural rights
Language of the case: English
Case C-568/21 Staatssecretaris van Justitie en Veiligheid v E. and S (Diplomatic card)
Reference for a preliminary ruling – Area of freedom, security and justice – Dublin System – Regulation (EU) No 604/2013 – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Responsibility of the Member State which issued a residence document to the applicant – Article 2(l) – Meaning of ‘residence document’ – Diplomatic card issued by a Member State – Vienna Convention on Diplomatic Relations
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-770/21 OGL-Food Trade Lebensmittelvertrieb v Direktor na Teritorialna direktsia 'Mitnitsa Plovdiv' pri Agentsia 'Mitnitsi'
Reference for a preliminary ruling – Customs union – Regulation (EU) No 952/2013 – Union Customs Code – Articles 70 and 74 – Determination of the customs value – Customs value of fruit and vegetables to which an entry price applies – Regulation (EU) No 1308/2013 – Article 181 – Delegated Regulation (EU) 2017/891 – Article 75(5) and (6) – Declared transaction value higher than the standard import value – Disposal of products under conditions confirming the correctness of the transaction value – Sale by the importer at a loss – Relationship between the importer and the exporter – Judicial review of the decision determining the customs debt
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C-831/21 P Fachverband Spielhallen and LM v Commission
Appeal – State aid – Article 107(1) TFEU – Concept of ‘aid’ – Condition relating to selective advantage – Tax treatment of operators of public casinos in Germany – Levy on the profits – Partial deductibility of the amounts paid in respect of that levy from the tax base for income or corporation tax and trade tax – Decision of the European Commission – Rejection of a complaint at the end of the preliminary examination stage on the ground that that deductibility does not constitute State aid – Separate finding of no economic advantage and no selectivity – Action before the General Court of the European Union limited to the finding of no selectivity – Action deemed ineffective – Identification by the Commission of the reference system or ‘normal’ tax system – Interpretation for that purpose of the applicable national tax law – Classification of the levy on the profits as a ‘special tax’ deductible in respect of ‘costs associated with commercial transactions’ – Principle ne ultra petita
Language of the case: German
Case C-47/22 Apotheke B. v Bundesamt für Sicherheit im Gesundheitswesen
Reference for a preliminary ruling – Pharmaceutical and cosmetic products – Medicinal products for human use – Directive 2001/83/EC – Article 77(6) – Article 79(b) – Article 80(b) – Guidelines on Good Distribution Practice of medicinal products for human use (GDP) – Pharmaceutical distribution chain – Holder of a wholesale distribution authorisation obtaining medicinal products from persons who are authorised to supply medicinal products to the public but who do not hold a distribution authorisation and are not exempted from the obligation to have such an authorisation – Concepts of ‘sufficient competent staff’ and ‘responsible person’ – Suspension or withdrawal of the wholesale distribution authorisation
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-116/22 Commission v Germany (Protection of special areas of conservation)
Failure of a Member State to fulfil obligations – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 4(4) and Article 6(1) – Failure to designate special areas of conservation – Failure to determine conservation objectives – Absence or insufficiency of conservation measures – Administrative practice
Language of the case: German
Case C-139/22 AM and PM v mBank (Polish register of unlawful terms)
Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan contract index-linked to a foreign currency – Criteria for assessment of whether a conversion clause is unfair – National register of standard business terms which are held to be unlawful – Duty to provide information
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy - Śródmieścia w Warszawie
Language of the case: Polish
Case C-143/22 ADDE and Others v Ministre de l'Intérieur
Reference for a preliminary ruling – Area of freedom, security and justice – Border control, asylum and immigration – Regulation (EU) 2016/399 – Article 32 – Temporary reintroduction of border control by a Member State at its internal borders – Article 14 – Refusal of entry – Equation of internal borders with external borders – Directive 2008/115/EC – Scope – Article 2(2)(a)
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-151/22 S and Others v Staatssecretaris van Veiligheid en Justitie (Political opinions in the host Member State)
Reference for a preliminary ruling – Area of freedom, security and justice – Common asylum policy – Eligibility for refugee status – Directive 2011/95/EU – Article 10(1)(e) and (2) – Reasons for persecution – ‘Political opinion’ – Concept – Political opinions developed in the host Member State – Article 4 – Assessment of the well-founded fear of persecution on account of those political opinions
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-164/22 Ministerio Fiscal v Juan
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Grounds for non-execution – Point 2 of Article 3 – Principle ne bis in idem – Concept of ‘same acts’ – Set of concrete circumstances which are inextricably linked together – Fraudulent activities carried out by the requested person in two Member States, through two separate legal entities and to the detriment of different victims
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
Case C-210/22 Stappert Deutschland v Hauptzollamt Hannover
Reference for a preliminary ruling – Customs union – Regulation (EU) No 952/2013 – Union Customs Code – Article 60(2) – Acquisition of origin of goods – Delegated Regulation (EU) 2015/2446 – Article 32 – Goods the production of which involves more than one country or territory – Annex 22-01 – Primary rule applicable to goods under subheading 7304 41 of the Harmonised System – Concept of ‘hollow profile’ – Steel ‘tube blanks’ under subheading 7304 49 of the Harmonised System, obtained by hot-forming and enabling the production of steel tubes by cold forming, under subheading 7304 41 of the Harmonised System – Validity of the primary rule
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C-510/22 Romaqua Group v Societatea Națională Apele Minerale and Agenția Națională pentru Resurse Minerale
Reference for a preliminary ruling – Articles 102 and 106 TFEU – Public undertakings – Freedom to conduct a business – Freedom of establishment – Undertaking that is wholly owned by a Member State and holds exclusive concessions for the exploitation of natural mineral water following an award without a competitive tendering procedure – National legislation allowing for the unlimited extension of the concession
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
Case C-58/23 Y.N. v Republika Slovenija
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Area of freedom, security and justice – Asylum policy – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Articles 22 and 23 – Right to legal assistance and representation – Article 46(4) – Reasonable period of time for lodging an appeal – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy before a tribunal – Rejection of an application for international protection as manifestly unfounded by accelerated procedure
Request for a preliminary ruling from the Upravno sodišče Republike Slovenije
Language of the case: Slovene
Case C-692/20 Commission v United Kingdom (Fiscal marking of gasoil)
Failure of a Member State to fulfil obligations – Judgment of the Court finding a failure to fulfil obligations – Failure to comply with the judgment – Directive 95/60/EC – Fiscal marking of gas oils – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Protocol on Ireland and Northern Ireland – Continuation of the infringement after the end of the transition period as regards Northern Ireland – Article 260(2) TFEU – Pecuniary penalties – Lump sum – Gravity of the infringement – Payment capacity
Language of the case: English
Case C-123/21 P Changmao Biochemical Engineering v Commission
Appeal – Dumping – Imports of tartaric acid originating in China – Determination of normal value – Regulation (EU) 2016/1036 – Article 2(7) – Protocol on the Accession of the People’s Republic of China to the World Trade Organisation (WTO) – Article 15 – Determination of the state of vulnerability of the European Union industry – Determination of the existence of a threat of injury
Language of the case: English
Case C-320/21 P Ryanair v Commission
Appeal – State aid – Article 107(2)(b) TFEU – Swedish air transport market – Aid granted by the Kingdom of Sweden to an airline amid the COVID-19 pandemic – Temporary Framework for State aid measures – State guarantee on a revolving credit facility – Decision by the European Commission not to raise objections – Aid intended to make good the damage suffered by a single victim – Principles of proportionality and non-discrimination – Freedom of establishment and freedom to provide services
Language of the case: English
Case C-321/21 P Ryanair v Commission
Appeal – State aid – Article 107(2)(b) TFEU – Danish air transport market – Aid granted by the Kingdom of Denmark to an airline amid the COVID-19 pandemic – Temporary Framework for State aid measures – State guarantee on a revolving credit facility – Decision by the European Commission not to raise objections – Aid intended to make good the damage suffered by a single victim – Principles of proportionality and non-discrimination – Freedom of establishment and freedom to provide services
Language of the case: English
Case C-671/21 Gargždų geležinkelis v Lietuvos transporto saugos administracija and Others
Reference for a preliminary ruling – Single European railway area – Directive 2012/34/EU – Allocation of railway infrastructure capacity – Article 45 – Scheduling – Article 46 – Coordination process – Article 47 – Congested infrastructure – Prioritisation of specific services – Priority criteria – National legislation providing for priority rules linked to the intensity of the use of the infrastructure
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-133/22 LACD v BB Sport
Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Point 14 of Article 2 – Directive (EU) 2019/771 – Point 12 of Article 2 – Commercial guarantee – Specifications or any other requirements not related to the conformity of the goods sold, set out in the guarantee statement or in the relevant advertising – Undertaking by a guarantor in respect of the consumer’s satisfaction with the goods purchased – Verification that the consumer is not satisfied
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-508/22 KL and PO v Administrația Județeană a Finanțelor Publice Brașov (Transfert du droit au remboursement)
Reference for a preliminary ruling – Internal taxation – Article 110 TFEU – Repayment of a tax levied by a Member State in breach of EU law – Tax on the first registration of a motor vehicle – Incorporation of the tax in the market value of the vehicle in respect of which that tax was paid – Transfer to a subsequent purchaser of the vehicle of the right to reimbursement
Request for a preliminary ruling from the Curtea de Apel Braşov
Language of the case: Romanian
Cases C-564/23 P(R) Council v Mazepin
Appeal – Interim relief – Restrictive measures taken having regard to the situation in Ukraine – Freezing of funds and economic resources – Maintenance of the name of a natural person on the list of persons, entities and bodies subject to those measures – Suspension of the process of ‘re-listing’ that person – Publication of a note in the Official Journal of the European Union – Obligation to take measures on visas granted by Member States – Measures which may be adopted by the judge hearing the application for interim measures
Language of the case: English
Information (on unpublished decisions)
Case C-230/22 Criminal proceedings against KN and Others
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Statement of the reasons justifying the need for an interpretation of certain provisions of European Union law by the Court of Justice and of the relationship between those provisions and the national legislation applicable – Insufficient information – Manifest inadmissibility
Case C-96/23 P TL v Commission
Appeal – Civil service – Members of the temporary staff – Appraisal report for 2019 – Action for annulment and for damages – Distortion of the evidence – Error of law as to the obligation to state reasons and the legal value of documents internal to the European Commission – Manifest error of assessment in relation to alleged psychological harassment – Article 181 of the Rules of Procedure of the Court of Justice – Appeal manifestly unfounded
Case C-803/21 P Versobank v ECB
Appeal – Prudential supervision of credit institutions – Specific supervisory tasks assigned to the European Central Bank (ECB) – Decision to withdraw the authorisation of the credit institution Versobank AS – Division of powers between the ECB and the national competent authorities – Procedural rights – Procedural defects
Case C-197/22 Commission v Italy (Valeurs limites – Arsenic et fluorures)
Case C-384/22 Commission v Spain (Protection contre les rayonnements ionisants)
Failure of a Member State to fulfil obligations – Protection of health – Directive 2013/59/Euratom – Basic safety standards for protection against the dangers arising from exposure to ionising radiation – Article 106 – Transposition – Failure to transpose or to communicate the measures taken within the prescribed time limit
Case C-124/22 P Apostolopoulou and Apostolopoulou-Chrysanthaki v Commission
Appeal – Non-contractual liability of the European Union – Grant agreements concluded in the context of various European programmes – Judgments of the General Court finding a breach of contractual terms by the beneficiary company – Partnership governed by Greek law – Company placed under liquidation – Proceedings before the national courts brought against the partners in the beneficiary company, seeking enforcement of the judgments of the General Court ordering recovery of the grants – Allegedly false assertions made by the European Commission in the national proceedings – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Rule of EU law
Case C-445/23 R Poland v Parliament and Council
Interim relief – Article 263 TFUE – Action for the annulment of an EU act – Article 278 TFUE – Request to suspend the operation of that act – Decision (EU) 2023/852 – Market stability reserve for the EU greenhouse gas emission trading scheme – Increase in the number of allowances placed in reserve – Urgency – Energy security – Deterioration in the economic and social situation of a Member State
Case C-321/23 P Mordalski v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request not demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-250/23 P LG Electronics v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-262/22 P QI and Others v Commission and ECB
Appeal – Action for damages – Economic and monetary policy – Restructuring of Greek public debt – Private sector involvement – Mandatory exchange of State bonds governed by Greek law – Collective action clauses – Activation – Damage relating to the reduction of the face value of the government bonds exchanged – Principle of proportionality
Case C-32/23 P QI v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Reports procedure – Appraisal reports – Manifest error of assessment – Action for annulment – Respect for the rules of objectivity and impartiality – Errors of law – Instances of distortion of the clear sense of the evidence – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-274/23 P Romedor Pharma v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-275/23 P Romedor Pharma v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-276/23 P Romedor Pharma v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
October 2023
Case C-146/22 YD v Dyrektor Krajowej Informacji Skarbowej (VAT on hot dairy beverages)
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 98(2) – Discretionary power of the Member States to apply a reduced rate to certain supplies of goods and services – Points 1 and 12a of Annex III – Similar foodstuffs prepared from the same main ingredient – Hot beverages prepared on the basis of milk – Application of different reduced VAT rates – Goods with the same objective characteristics and properties – Goods accompanied by preparation and serving services on the part of the supplier or not accompanied by such services
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu
Language of the case: Polish
Case C-219/22 Criminal proceedings against QS (Revocation of suspension)
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Framework Decision 2008/675/JHA – Taking account of convictions in the Member States in the course of new criminal proceedings – Article 1(1) – Scope – Article 3(1), (3) and (4) – Obligation to recognise the effects of previous convictions handed down in other Member States as equivalent to those attached to national convictions – Conditions – Imposition of a custodial sentence accompanied by a probationary suspension – New offence committed during the period of suspension – Revocation of suspension and effective execution of the custodial sentence – Interference with the previous conviction and any decision relating to its execution – Framework Decision 2008/947/JHA – Article 14(1) – Recognition of convictions with a view to the supervision of probation measures and the possible revocation of the suspension of execution
Request for a preliminary ruling from the Rayonen sad - Nesebar
Language of the case: Bulgarian
Case C-294/22 OFPRA v SW (Statut de réfugié d’un apatride d’origine palestinienne)
References for a preliminary ruling – Common policy on asylum and subsidiary protection – Directive 2011/95/EU – Article 12 – Exclusion from being a refugee – Person registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) – Conditions for that person to be entitled ipso facto to the benefits of Directive 2011/95 – Cessation of UNRWA protection or assistance – Failure to provide medical care – Conditions
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-296/22 A.T.U. Auto-Teile-Unger and Carglass v FCA Italy
Reference for a preliminary ruling – Regulation (EU) 2018/858 – Approval and market surveillance for vehicle repair and maintenance information services of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles – Article 61(1) and (4) – Point 2.9 of Annex X – Motor vehicle on-board diagnostic (OBD) information – Unrestricted, standardised and non-discriminatory access – Manufacturers’ obligations – Rights of independent operators
Request for a preliminary ruling from the Landgericht Köln
Language of the case: German
Case C-355/22 Osteopathie Van Hauwermeiren v Belgische Staat
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Maintenance of the effects of national legislation incompatible with EU law
Request for a preliminary ruling from the Rechtbank van eerste aanleg Oost-Vlaanderen Afdeling Gent
Language of the case: Dutch
Case C-496/22 EI v Brink’s Cash Solutions
Reference for a preliminary ruling – Social policy – Approximation of the laws of the Member States relating to collective redundancies – Directive 98/59/EC – The first subparagraph of Article 1(1)(b) and Article 6 – Procedure for informing and consulting workers in the event of projected collective redundancies – No workers’ representatives appointed – National legislation allowing an employer not to inform and consult the workers concerned individually
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-505/22 Deco Proteste - Editores v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Taxable transactions – Article 2(1)(a) – Supply of goods for consideration – Free supply of a tablet or smartphone in exchange for a new subscription to a magazine – Concept of ‘single supply’ – Criteria – Second paragraph of Article 16 – Application of goods for business use as gifts of small value
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
Case C-565/22 Verein für Konsumenteninformation v Sofatutor
Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Consumer rights – Subscription of a consumer to an online learning platform – Automatic extension of the contract – Right of withdrawal
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-659/22 RK v Ministerstvo zdravotnictví (Application mobile Covid-19)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 4(2) – Concept of ‘processing’ of personal data – Mobile application – Verification of the validity of ‘EU Digital COVID Certificates’ issued pursuant to Regulation (EU) 2021/953
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-761/22 Verband Wirtschaft im Wettbewerb Verein für Lauterkeit in Handel und Industrie v Roller
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Reply which admits of no reasonable doubt – Energy – Framework for energy labelling – Regulation (EU) 2017/1369 – Article 6, first paragraph, point (a) – Obligation on suppliers and dealers of a product to make reference, in their visual advertisements, to the energy efficiency class of that product and the range of energy efficiency classes shown on the label for the product group concerned – Direct applicability of that obligation – Margin of discretion available to those suppliers and dealers to comply with that obligation in the absence of the adoption of a delegated act on the basis of that regulation
Request for a preliminary ruling from the Landgericht Bochum
Language of the case: German
Case C-25/23 AL v Princess Holdings
Reference for a preliminary ruling – Article 53(2), Article 94(b) and (c) and Article 99 of the Rules of Procedure of the Court of Justice – Consumer protection – Unfair terms in consumer contracts – Bills of exchange – Requirement to set out the regulatory context of the main proceedings – Requirement to state the reasons justifying the need for a reply from the Court – Manifest inadmissibility in part – No jurisdiction of the court of enforcement hearing an objection to assess, of its own motion or at the request of the consumer concerned, the unfairness of the terms of the contract concluded by that consumer with a seller or supplier and forming the basis of the issue of the bills of exchange the enforceability of which is in dispute
Request for a preliminary ruling from the Qorti tal-Maġistrati (Malta)
Language of the case: Maltese
Case C-84/23 Dinamel v Ministerul Agriculturii şi Dezvoltării Rurale
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Agriculture – Common organisation of the markets – Union scales for the classification of beef, pig and sheep carcasses – Delegated Regulation (EU) 2017/1182 – Derogations from the general obligation to classify carcasses – Slaughterhouses – Article 2(1) – Derogations granted to small scale establishments – National legislation which makes no provision for the grant of such derogations – Compulsory or optional nature of such derogations
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
Case C-670/21 BA v Finanzamt X (Successions - Politique sociale de logement dans l’Union)
Reference for a preliminary ruling – Taxation – Free movement of capital – Articles 63 to 65 TFEU – Inheritance tax – Movement of capital between Member States and third countries – Immovable property located in a third country – More favourable tax treatment for immovable property located in a Member State or in a State which is party to the Agreement on the European Economic Area – Restriction – Justification – Housing policy – Effectiveness of fiscal supervision
Request for a preliminary ruling from the Finanzgericht Köln
Language of the case: German
Case C-726/21 Criminal proceedings against GR and Others
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Convention implementing the Schengen Agreement – Article 54 – Charter of Fundamental Rights of the European Union – Article 50 – Principle ne bis in idem – Assessment in the light of the facts contained in the grounds of the judgment – Assessment in the light of the facts examined in the context of a preliminary investigation and omitted from the indictment – Meaning of ‘the same acts’
Request for a preliminary ruling from the Županijski sud u Puli-Pola
Language of the case: Croatian
Case C-11/22 Est Wind Power v Elering
Reference for a preliminary ruling – Aid granted by Member States – Renewable energy subsidy – Construction of a wind farm – Communication from the Commission entitled ‘Guidelines on State aid for environmental protection and energy 2014-2020’ – Paragraph 19(44) and footnote 66 – Concepts of ‘start of works’, ‘construction works on the investment’, ‘other commitment that makes the investment irreversible’ and ‘necessary state authorisation for constructing the project’ – Type and intensity of the scrutiny that must be conducted by the competent national authority
Request for a preliminary ruling from the Tallinna Halduskohus
Language of the case: Estonian
Case C-21/22 OP v Notariusz Justyna Gawlica (Choice of the law of a third State for succession)
Reference for a preliminary ruling – Judicial cooperation in civil matters – National law applicable in matters of succession – Regulation (EU) No 650/2012 – Article 22 – Choice-of-law clause – Scope ratione personae – Third-country national – Article 75 – Relationship with existing international conventions – Bilateral agreement between the Republic of Poland and Ukraine
Request for a preliminary ruling from the Sąd Okręgowy w Opolu
Language of the case: Polish
Case C-45/22 HK v Service fédéral des Pensions
Reference for a preliminary ruling – Social security for migrant workers – Regulation (EC) No 883/2004 – Article 55(1)(a) – Overlapping of benefits of a different kind – Application of national rules against overlapping – Calculation of the survivors’ pension – Division of the amounts of the benefit or benefits or other income, as taken into account, by the number of benefits – Concept of ‘amounts as they have been taken into account’
Request for a preliminary ruling from the Tribunal du travail francophone de Bruxelles
Language of the case: French
Case C-57/22 YQ v Ředitelství silnic a dálnic
Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Directive 2003/88/EC – Article 7(1) – Right to paid annual leave – Worker unlawfully dismissed and then reinstated in his or her employment by decision of a court – Exclusion from the right to paid annual leave not taken for the period between the dismissal and the reinstatement – Period between the date of dismissal and the date of the reinstatement
Request for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
Case C-286/22 KBC Verzekeringen v P&V Verzekeringen
Reference for a preliminary ruling – Insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Point 1 of Article 1 – Concept of a ‘vehicle’ – National legislation providing for the automatic compensation of certain road users who are the victims of a road accident – Person not driving a ‘motor vehicle’ within the meaning of that legislation – Concept equivalent to that of ‘vehicle’ within the meaning of Directive 2009/103 – Bicycle equipped with an electric motor providing pedal assistance, equipped with a boost function which can be activated only after the use of muscular power
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
Case C-312/22 FL v Autoridade Tributária e Aduaneira (Imposition des intérêts provenant d’obligations et de titres de créance)
Reference for a preliminary ruling – Article 56 EC – Free movement of capital – Personal income tax – Taxation of interest income from bonds and debt instruments – Interest due and paid by entities not resident in the national territory – Difference in treatment according to the place of establishment of the issuing entity and the paying entity for the interest concerned – Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Directive 2003/48/EC – Article 2(4) – Taxation of savings income in the form of interest payments from a Swiss source – Obligation to apply the same tax rates as those applied to similar domestic income
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-326/22 Z. v A. (Droit d’obtenir un duplicata du contrat de crédit)
Reference for a preliminary ruling – Consumer protection – Credit agreements for consumers – Directive 2008/48/EC – Article 16(1) – Contractual rights and obligations – Early repayment – Reduction in the total cost of the credit for consumers – Loss of a copy of the agreement – Right to obtain a duplicate of the agreement from the creditor
Request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie
Language of the case: Polish
Case C-645/22 R. A . and Others v Luminor Bank
Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Effects of a term being found to be unfair – Intention of a consumer to preserve a contract by amending the terms found to be unfair – Powers of the national court
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-660/20 MK v Lufthansa CityLine
Reference for a preliminary ruling – Social policy – Part-time work – Directive 97/81/EC – Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Clause 4.1 – Principle of non-discrimination of part-time workers – Principle pro rata temporis – Pilots – Remuneration for additional flying duty hours – Identical trigger thresholds for full-time and part-time pilots – Difference in treatment
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-655/21 Criminal proceedings against G. ST. T (Proportionality of the penalty for trade mark infringement)
Reference for a preliminary ruling – Enforcement of intellectual property rights – Directive 2004/48/EC – Article 13 – Criminal procedure – Scope – Harm suffered by the trade mark proprietor as a constituent element of the offence – Agreement on Trade-Related Aspects of International Property Rights (TRIPS) – Article 61 – Charter of Fundamental Rights of the European Union – Article 51(1) – Implementation of EU law – Powers – Article 49(1) and (3) – Legality and proportionality of penalties
Request for a preliminary ruling from the Rayonen sad - Nesebar
Language of the case: Bulgarian
Case C-88/22 P QB v Commission
Appeal – Civil service – Annex VII to the Staff Regulations of Officials of the European Union – Article 4(1)(a), second indent – Temporary staff – Remuneration – Expatriation allowance – Conditions for granting – Main occupation – Work done for another State
Language of the case: English
Case C-147/22 Criminal proceedings against Terhelt5
Reference for a preliminary ruling – Convention implementing the Schengen Agreement – Article 54 – Charter of Fundamental Rights of the European Union – Article 50 – Principle ne bis in idem – Admissibility of criminal prosecution for corruption of an accused person in one Member State after the closure of the criminal proceedings brought against him in respect of the same acts by the public prosecutor’s office of another Member State – Conditions which must be satisfied in order for the accused person’s trial to be regarded as having been finally disposed of – Condition of an assessment of the merits of the case – Requirement for a detailed investigation – No questioning of the accused person
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-186/22 Sad Trasporto Locale v Provincia autonoma di Bolzano
Reference for a preliminary ruling – Transport – Regulation (EC) No 1370/2007 – Public passenger transport services by rail and by road – Scope – Article 1(2) – Cableway installations – Direct award of a transport public service contract by a competent local authority to an internal operator – Transfer of the operating risk – Public service compensation
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-325/22 TS and HI v Ministar na zemedelieto, hranite i gorite
Reference for a preliminary ruling – Aid granted by Member States – Article 107(1) TFEU – Concept of an ‘undertaking’ – Regulation (EU) 2015/1589 – Recovery of unlawful aid – Decision (EU) 2015/456 – Swaps of forest land – Determining the ‘market value’
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
Case C-591/22 L. v Minister van Landbouw, Natuur en Voedselkwaliteit (Gallus gallus)
Reference for a preliminary ruling – Hygiene of foodstuffs – Reduction of salmonella in breeding flocks of Gallus gallus – Regulation (EU) No 200/2010 – Annex – Point 2.2.2.2(c) – Routine sampling – Positive result – Confirmatory sampling – Exceptional cases – Doubt as to the results – Scope
Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
Case C-331/21 Autoridade da Concorrência and Others v Ministério Público
Reference for a preliminary ruling – Article 101 TFEU – Agreements, decisions and concerted practices – Prohibition of agreements, decisions and concerted practices – Agreements between undertakings – Distinction between a vertical and a horizontal agreement – Potential competition – Restriction of competition by object or by effect – Agreement between a supplier of electricity and a retailer of consumer products operating hypermarkets and supermarkets – Non-compete clause – Regulation (EU) No 330/2010 – Agency contract – Liberalisation of the market for the supply of electricity
Request for a preliminary ruling from the Tribunal da Relação de Lisboa
Language of the case: Portuguese
Joined Cases C-207/22, C-267/22 and C-290/22 Lineas - Concessões de Transportes and Others v Autoridade Tributária e Aduaneira
References for a preliminary ruling – Economic and monetary policy – Supervision of the European Union’s financial sector – Directive 2013/36/EU – Regulation (EU) No 575/2013 – Financial institution – Concept – Undertaking whose activity is the acquisition of holdings
Requests for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD) and Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-238/22 FW v LATAM Airlines Group
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 2(j) – Article 3 – Article 4(3) – Compensation of air passengers in the event of denied boarding – Passenger informed in advance that boarding would be denied – No obligation for the passenger to present him or herself for boarding – Article 5(1)(c) – Exceptions to the right to compensation in the event of a flight cancellation – Inapplicability of those exceptions in the event of a pre-emptive denial of boarding
Request for a preliminary ruling from the Landgericht Frankfurt am Main
Language of the case: German
Case C-249/22 BM v GIS
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Supply of services for consideration – Concept – Activities of a public radio and television body financed by a compulsory fee paid by persons in possession of a radio and television receiver in the terrestrial broadcasting area – Article 378(1) and point 2 of Part A of Annex X – Act of accession of the Republic of Austria – Derogation – Scope
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-307/22 FT v DW (Copies of medical records)
Reference for a preliminary ruling – Processing of personal data – Regulation (EU) 2016/679 – Articles 12, 15 and 23 – Data subject’s right of access to his or her data undergoing processing – Right to obtain a first copy of those data free of charge – Processing of a patient’s data by his or her medical practitioner – Medical records – Reasons for the request for access – Use of data for the purpose of triggering the liability of the person providing treatment – Concept of ‘copy’
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Information (on unpublished decisions)
Case C-235/22 Ministerio Fiscal v Abel (Extradition of a UK national to the United States)
Reference for a preliminary ruling – Dispute in the main proceedings which has become devoid of purpose – No need to adjudicate
Case C-327/22 Centar za restrukturiranje i prodaju v PROM-VIDIJA
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Second paragraph of Article 19(1) TEU – Principle of judicial independence – Article 47 of the Charter of Fundamental Rights of the European Union – Jurisdiction of the Court – Article 267 TFEU – Admissibility – National legislation concerning the order for dealing with applications – Deferring delivery of a judgment and its notification to the parties – Interpretation necessary to enable the referring court to give judgment – Manifest inadmissibility
Case C-818/18 P-DEP Pirelli Tyre v EUIPO
Taxation of costs
Case C-279/22 CH v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Directive 2013/34/EU – Annual financial statements, consolidated financial statements and related reports of certain types of undertakings – Scope of application – Funds of a company used by an employee of that company – Determination of the taxable basis of that employee’s income including those funds
Case C-786/22 P MV v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Notice of Open Competition EPSO/AD/364/19 – Security Officers (AD 7) – Decision of the Selection Board to exclude the appellant from the next stage of the competition – Obligation to state reasons – Possibility for the administration to supplement the statement of reasons for the decision to exclude at the complaint stage – Action for annulment and for damages
Case C-43/23 P DL v Parliament and Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Public health – Regulation (EU) 2022/1034 – Regulation (EU) 2021/953 – ‘EU Digital COVID Certificate’ – Free movement of persons – Right to healthcare and to life – Restrictions – Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded
Case C-98/23 P OM v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Temporary staff – Selection procedure – Decision rejecting the applicant’s application and appointing another applicant – Member of the Regulatory Scrutiny Board of the European Commission – Obligation to state reasons – Infringement of the vacancy notice; – Distortion of facts and evidence – Measures of inquiry
Case C-151/23 ZSE Elektrárne v Finančné riaditeľstvo Slovenskej republiky
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 183 – Excess VAT – Late refund – Taxable person’s entitlement to interest for late payment – Methods of application – Procedural autonomy of the Member States – Principles of effectiveness and fiscal neutrality – National legislation setting the starting point for the calculation of interest for late payment at a date later than that on which the refund would have had to be made had a tax investigation not been carried out
Case C-153/23 P ANITA and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for failure to act – Failure on the part of the European Commission to initiate the procedure for failure to fulfil obligations – Discretionary power of the Commission – Appeal manifestly unfounded
Case C-221/23 P NO v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Articles 101 and 102 TFEU – Conduct of a national professional body allegedly incompatible with the internal market – Complaint by a professional belonging to that body – Rejection by the European Commission – Article 265 TFEU – Action for failure to act – Dismissal by the General Court of the European Union – Appeal manifestly unfounded
Case C-795/22 Adolfo v Direccion000 and Others
Reference for a preliminary ruling – Articles 53 and 99 of the Rules of Procedure of the Court of Justice – Social policy – Protection of the safety and health of workers – Organisation of working time – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Article 7 – Right to paid annual leave – Allowance in lieu of leave not taken after the termination of the employment relationship – One-year limitation period – Adequate information provided to the worker
Case C-342/23 P Thomas Henry v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-355/23 P Tinnus Enterprises v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Issue that is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-356/23 P Tinnus Enterprises v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-357/23 P Tinnus Enterprises v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Issue that is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-358/23 P Tinnus Enterprises v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Issue that is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-359/23 P Tinnus Enterprises v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Issue that is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-360/23 P Tinnus Enterprises v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Issue that is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-361/23 P Tinnus Enterprises v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Issue that is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-362/23 P Tinnus Enterprises v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Issue that is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-363/23 P Tinnus Enterprises v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-458/23 P Emmentaler Switzerland v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-445/22 P Larko v Commission
Appeal – Measures of support taken by the Greek authorities in favour of the applicant in the context of a programme for the privatisation of the undertaking – Capital injections and State guarantees – Decision of the European Commission declaring that those measures constitute State aid incompatible with the internal market
Case C-139/23 P Grapevine v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – State aid – Decision on an aid scheme – Action for annulment – Article 263, sixth paragraph, TFEU – Starting point of the period prescribed for instituting proceedings – Out of time – Excusable error – Appeal manifestly unfounded
Case C-190/22 BL v Presidenza del Consiglio dei Ministri
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to set out the legislative context of the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling – Lack of sufficient information – Manifest inadmissibility
Case C-406/23 P Kaminski v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-117/23 VU and IT v EUROBANK BULGARIA
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 3(1) and Article 4 – Assessment of the unfairness of contractual terms – Contractual term that is in plain, intelligible language – Bank loan agreement denominated in a foreign currency – Term that places the exchange risk entirely on the consumer – Advantage not specifically agreed upon for the benefit of the credit institution resulting from the conversion, into the settlement currency, of the amount of the loan expressed in the currency of the account – Article 6 – Consequences of a finding that a contractual term is unfair
Case C-345/23 P Puma v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-585/23 P(R) Council v Mazepin
Appeal – Interim relief – Application to intervene – Restrictive measures taken having regard to the situation in Ukraine – Application submitted by the High Representative of the Union for Foreign Affairs and Security Policy – Interest in the result of the case – Grant of application to intervene
Case C-534/22 P Aquino v Parliament
Appeal – Civil service – Staff Committee of the European Parliament – Election of the president of the Staff Committee – Intervention by the Parliament in the electoral process – Lawfulness – Criteria – Statement of reasons
Case C-764/22 P Airoldi Metalli v Commission
Appeal – Dumping – Imports of aluminium flat-rolled products originating in China – Definitive anti-dumping duty – Action for annulment – Importer – Locus standi – Fourth paragraph of Article 263 TFEU – Condition that the measure must be of individual concern to the applicant – Regulatory act not entailing implementing measures
Cases C-456/23 P(R) and C-456/23 P(R)-R VC v EU-OSHA
Case C-635/22 Assofrutti Rom v Agenţia pentru Finanţarea Investiţiilor Rurale and Centrul Regional pentru Finanţarea Investiţiilor Rurale 5 Vest Timişoara
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Common Agricultural Policy – Financial support for investments in tree plantations – Requirement to set out the legislative context of the dispute in the main proceedings – Requirement to state the reasons justifying the need for an answer from the Court – Lack of sufficient information – Manifest inadmissibility
Case C-610/22 QX v Agos Ducato
Reference for a preliminary ruling – Dispute in the main proceedings which has become devoid of purpose – No need to adjudicate
Case C-138/23 P British Airways v Commission
Appeal – Action for annulment and for damages – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision relating to proceedings under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Annulment by the General Court – Repayment by the European Commission of the principal amount of the fine without interest – Claim by the appellant for interest and compound interest – Remedies – Article 266 TFEU – Failure of the Commission to take a measure necessary to comply with a judgment annulling one of its decisions – Action for damages – Second paragraph of Article 340 TFEU – Limitation period – Article 263 TFEU – Time limit for bringing proceedings – Act confirming a previous measure – Inadmissibility – Article 181 of the Rules of Procedure of the Court of Justice – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-495/23 P Wallmax v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-504/23 P Brooks England v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-545/23 P(R) Baldan v Commission
Appeal – Interim relief – Dismissal of the main action – Interest in bringing proceedings – Inadmissibility
November 2023
Case C-249/23 P ClientEarth v Commission
Appeal – Intervention – Second paragraph of Article 40 of the Statute of the Court of Justice of the European Union – Application submitted by Members of the European Parliament – Rejection
Language of the case: English
Case C-558/21 P Global Silicones Council and Others v Commission
Appeal – Regulation (EC) No 1907/2006 (REACH Regulation) – Registration, evaluation, authorisation and restriction of chemicals – Annex XVII – Updating – Restrictions on the manufacture, placing on the market and use of certain dangerous substances, mixtures and articles – Restrictions concerning octamethylcyclotetrasiloxane (D4) and decamethylcyclopentasiloxane (D5) – Persistent, bioaccumulative and toxic substances – Very persistent and very bioaccumulative substances – Unacceptable risks
Language of the case: English
Case C-559/21 P Global Silicones Council and Others v ECHA
Appeal – Establishment of a list of substances identified for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 (REACH Regulation) – Entry of octamethylcyclotetrasiloxane (D4), decamethylcyclopentasiloxane (D5) and dodecamethylcyclohexasiloxane (D6) in that list – Persistent, bioaccumulative and toxic substances – Very persistent and very bioaccumulative substances – Bioaccumulation – Bioconcentration factor – Organo-metals
Language of the case: English
Case C-598/21 SP and CI v Všeobecná úverová banka
Reference for a preliminary ruling – Unfair terms in consumer contracts – Consumer credit contract – Directive 93/13/EEC – Article 1(2) – Term reflecting a mandatory statutory provision – Article 3(1), Article 4(1), Article 6(1) and Article 7(1) – Acceleration clause – Judicial review – Proportionality with regard to the consumer breaches of contract – Articles 7 and 38 of the Charter of Fundamental Rights of the European Union – Contract secured by a charge on immovable property – Extrajudicial sale of the consumer’s home
Request for a preliminary ruling from the Krajský súd v Prešove
Language of the case: Slovak
Case C-746/21 P Altice Group Lux v Commission
Appeal – Competition – Control of concentrations between undertakings – Regulation (EC) No 139/2004 – Plea of illegality – Article 4(1) – Prior notification obligation for concentrations – Article 7(1) – Concentration standstill obligation – Scope – Concept of the ‘implementation’ of a concentration – Article 14(2) – Decision imposing fines for implementing a concentration before its notification and clearance – Obligation to state reasons – Principle of proportionality – Unlimited jurisdiction
Language of the case: English
Case C-819/21 Staatsanwaltschaft Aachen v M.D.
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Recognition of judgments imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in another Member State – Framework Decision 2008/909/JHA – Article 3(4) and Article 8 – Refusal to enforce – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Fundamental right to a fair trial before an independent and impartial tribunal previously established by law – Systemic or generalised deficiencies in the issuing Member State – Two-step examination – Revocation of the suspension attached to a custodial sentence imposed by a Member State – Enforcement of that sentence by another Member State
Request for a preliminary ruling from the Landgericht Aachen
Language of the case: German
Case C-125/22 X and Others v Staatssecretaris van Justitie en Veiligheid (Concept of serious harm)
Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Directive 2011/95/EU – Article 15 – Conditions for granting subsidiary protection – Taking into account of factors relating to the applicant’s individual position and personal circumstances and to the general situation in the country of origin – Humanitarian situation
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats 's-Hertogenbosch
Language of the case: Dutch
Case C-175/22 Criminal proceedings against BK (Reclassification of the offence)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2012/13/EU – Right to information in criminal proceedings – Article 6 – Right to information about the accusation – Article 6(4) – Changes in the information given – Amendment of the classification of the criminal offence – Obligation to inform the accused person in due time and to offer him or her the opportunity to put forward his or her arguments regarding the new envisaged classification – Effective exercise of the rights of the defence – Fairness of the proceedings – Directive (EU) 2016/343 – Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings – Article 3 – Presumption of innocence – Article 7(2) – Right not to incriminate oneself – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Requirement that the criminal court or tribunal be impartial – Reclassification of the offence on the initiative of the criminal court or tribunal or on the basis of a proposal from the accused person
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-257/22 CD v Ministerstvo vnitra České republiky, Odbor azylové a migrační politiky (Scope of the Return Directive)
Reference for a preliminary ruling – Area of freedom, security and justice – Return of illegally staying third-country nationals – Directive 2008/115/EC – Article 3(2) – Concept of ‘illegal stay’ – Directive 2013/32/EU – Applicant for international protection – Article 9(1) – Right to remain in the Member State pending the examination of the application – Return decision adopted before the adoption of the first-instance decision rejecting the application for international protection
Request for a preliminary ruling from the Krajský soud v Brně
Language of the case: Czech
Joined Cases C-271/22 to C-274/22 XT and Others v Keolis Agen
Reference for a preliminary ruling – Social policy – Organisation of working time – Directive 2003/88/EC – Article 7 – Right to paid annual leave – Carry-over of entitlements to paid annual leave in the event of long-term illness – Charter of Fundamental Rights of the European Union – Article 31(2)
Requests for a preliminary ruling from the Conseil de Prud’hommes d’Agen
Language of the case: French
Case C-319/22 Gesamtverband Autoteile-Handel v Scania CV (Access to vehicle information)
Reference for a preliminary ruling – Market for motor vehicle repair and maintenance information services – Regulation (EU) 2018/858 – Approval and market surveillance of repair and maintenance information services for motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles – Article 61(1) and (2) – Annex X, point 6.1 – Independent operators – Information ‘easily accessible in the form of machine-readable and electronically readable data sets’ – Regulation (EU) 2016/679 – Article 6(1)(c) – Processing of personal data – Legal obligation on car manufacturers to make vehicle identification numbers (VIN) available to independent operators
Request for a preliminary ruling from the Landgericht Köln
Language of the case: German
Case C-376/22 Google Ireland and Others v Kommunikationsbehörde Austria
Reference for a preliminary ruling – Directive 2000/31/EC – Information society services – Article 3(1) – Principle of control in the home Member State – Article 3(4) – Derogation from the principle of free movement of information society services – Concept of ‘measures taken against a given information society service’ – Article 3(5) – Possibility of a posteriori notification of measures restricting the free movement of information society services in urgent cases – Failure to provide notification – Enforceability of those measures – Legislation of a Member State imposing on providers of communication platforms, whether established on its territory or not, a set of obligations relating to the monitoring and notification of allegedly unlawful content – Directive 2010/13/EU – Audiovisual media services – Video-sharing platform service
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-477/22 ARST v TR and Others
Reference for a preliminary ruling – Road transport – Harmonisation of certain social legislation – Regulation (EC) No 561/2006 – Article 3(a) – Concept of ‘route covered by the service in question [not exceeding] 50 km’ – Carriage by road by vehicles used for the carriage of passengers on regular services – Route covered by the service in question not exceeding 50 km – Non-application of Regulation No 561/2006 – Mixed-use vehicles – Article 4(e) and (j) – Concepts of ‘other work’ and ‘driving time’ – Article 6(3) and (5) – Total driving time over two consecutive weeks – Time spent driving a vehicle excluded from the scope of that regulation
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Joined Cases C-583/21 to C-586/21 NC and Others v BA and Others (Transfer of a Spanish notary's office)
Reference for a preliminary ruling – Directive 2001/23/EC – Article 1(1) – Safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses – Transfer of a notarial practice – Declaration as to the nullity or unfairness of the dismissal of employees – Determination of seniority for the calculation of compensation – Applicability of the directive – Conditions
Requests for a preliminary ruling from the Juzgado de lo Social de Madrid
Language of the case: Spanish
Case C-196/22 IB v Regione Lombardia and Provincia di Pavia (Reforestation measures), C-196/22, EU:C:2023:870)
Reference for a preliminary ruling – Common agricultural policy – Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) – Community aid scheme for forestry measures in agriculture – Regulation (EEC) No 2080/92 – Article 4 – Implementation of the aid scheme by the Member States by means of multiannual programmes – Protection of the Union’s financial interests – Regulation (EC, Euratom) No 2988/95 – Article 1 – Concept of ‘irregularity’ – Article 2 – Effective, proportionate and dissuasive nature of administrative measures and penalties – Article 4 – Withdrawal of the wrongly obtained advantage – Detailed rules for applying the integrated administration and control system for certain European Union aid schemes – National legislation providing for disqualification from receiving aid and repayment of the sums received in the event that irregularities are found – Principle of proportionality
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-283/22 DZ and Others v Ministerstvo vnútra Slovenskej republiky
Reference for a preliminary ruling – Carriage by air – Montreal Convention – Article 1(1) and (2) – Scope – Concept of ‘international carriage’ – Article 2(1) – Concept of ‘Carriage performed by the State’ – Article 17(1) – Liability of air carriers in the event of death or bodily injury of a passenger – Air carrier and aircraft operator insurance – Regulation (EC) No 785/2004 – Article 1(1) and Article 2(1) and (2)(a) – Scope – Concept of ‘State aircraft’ – Article 4(1) – Minimum insurance requirements for air carriers and aircraft operators – Crash of a helicopter operated by the public administration of a Member State during a specialised evacuation and rescue training exercise – Death of an officer of the firefighting and rescue unit participating in that exercise – Compensation
Request for a preliminary ruling from the Okresný súd Prešov
Language of the case: Slovak
Case C-318/22 GE Infrastructure Hungary Holding v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Approximation of laws – Common system of taxation applicable to mergers, divisions, partial divisions, transfers of assets and exchanges of shares – Directive 2009/133/EC – Partial division – Purely internal situation – No reduction in share capital – Company holding 100% of the share capital of the transferring company
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-333/22 Ligue des droits humains and BA v Organe de contrôle de l’information policière (Verification by the supervisory authority of data processing)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Directive (EU) 2016/680 – Article 17 – Exercise of the rights of the data subject through the supervisory authority – Verification of the lawfulness of the data processing – Article 17(3) – Obligation to provide the data subject with a minimum of information – Scope – Validity – Article 53 – Right to seek an effective judicial remedy against the supervisory authority – Concept of a ‘legally binding decision’ – Charter of Fundamental Rights of the European Union – Article 8(3) – Control by an independent authority – Article 47 – Right to effective judicial protection
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
Case C-349/22 NM v Autoridade Tributária e Aduaneira (Tax on imported second-hand vehicles)
Reference for a preliminary ruling – Article 110 TFEU – Internal taxation – Prohibition of discriminatory taxation – Tax on vehicles – Second-hand vehicles imported from other Member States – Application of different tax rates depending on the date of registration of a vehicle in Portugal
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
Case C-366/22 Viterra Hungary v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Combined Nomenclature – Tariff headings – Positions 2304 and 2309 – Soya meal
Request for a preliminary ruling from the Pécsi Törvényszék
Language of the case: Hungarian
Case C-391/22 Tüke Busz v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Taxation of energy products and electricity – Directive 2003/96/EC – Article 7(2) and (3) – Differentiated rates of taxation according to the commercial or private use of gas oil – Concept of ‘commercial gas oil used as propellant’ – Gas oil used for the carriage of passengers by regular service – National legislation providing for the reimbursement of excise duty with the exception of gas oil consumed during journeys made for the purpose of maintaining or refuelling passenger vehicles
Request for a preliminary ruling from the Pécsi Törvényszék
Language of the case: Hungarian
Case C-415/22 JD v Acerta and Others
Reference for a preliminary ruling – Officials of the European Union – Staff Regulations of Officials of the European Union – Compulsory affiliation to the social security scheme of the EU institutions – Retired official of the European Union who pursues a professional activity as a self-employed person – Liability for social security contributions under the scheme of the Member State in which that activity is carried out
Request for a preliminary ruling from the Tribunal du travail francophone de Bruxelles
Language of the case: French
Case C-422/22 Zakład Ubezpieczeń Społecznych Oddział w Toruniu v TE
Reference for a preliminary ruling – Migrant workers – Social security – Legislation applicable – Regulation (EC) No 987/2009 – Articles 5, 6 and 16 – A1 certificate – Inaccuracy of the particulars – Withdrawal on the initiative of the issuing institution – Obligation for the issuing institution to initiate a dialogue and conciliation procedure with the competent authority of the host Member State – None
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-427/22 Criminal proceedings against BG (Grant of loans without approval)
Reference for a preliminary ruling – Economic and monetary policy – Prudential requirements for credit institutions – Regulation (EU) No 575/2013 – Points 1 and 42 of Article 4(1) – Definitions – Concepts of ‘credit institution’ and ‘authorisation’ – Grant of loans without approval
Request for a preliminary ruling from the Varhoven kasatsionen sad
Language of the case: Bulgarian
Case C-472/22 NO v Autoridade Tributária e Aduaneira (Capital gains on share transfers)
Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Articles 63 and 65 TFEU – Free movement of capital – Personal income tax – Tax advantage relating to the taxation of capital gains on transfers of shares in small enterprises – Exclusion of undertakings established in other Member States – Concept of ‘abusive practice’
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
Case C-497/22 EM v Roompot Service
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Exclusive jurisdiction – First subparagraph of Article 24(1) – Disputes regarding tenancies of immovable property – Contract in relation to the short-term letting of a bungalow in a holiday park concluded between an individual and a tourism professional operating that park
Request for a preliminary ruling from the Landgericht Düsseldorf
Language of the case: German
Case C-636/22 PY(Third-country national in the executing Member State)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court's existing case-law – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Guarantees to be given by the issuing Member State – Article 5(3) – Objective of social rehabilitation – Third-country nationals residing in the territory of the executing Member State – Equal treatment – Article 20 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Corte d'appello di Lecce
Language of the case: Italian
Case C-209/21 P Ryanair v Commission
Appeal – State aid – Article 107(3)(b) TFEU – Swedish air transport market – Aid scheme notified by the Kingdom of Sweden – Loan guarantees to support airlines amid the COVID-19 pandemic – Temporary Framework for State aid measures – Decision by the European Commission not to raise objections – Aid intended to remedy a serious disturbance in the economy – Principles of proportionality and non-discrimination – Free provision of services
Language of the case: English
Case C-210/21 P Ryanair v Commission
Appeal – State aid – Article 107(2)(b) TFEU – French air transport market – Aid scheme notified by the French Republic – Deferral of the payment of airline taxes and charges to support airlines amid the COVID-19 pandemic – Temporary Framework for State aid measures – Decision by the European Commission not to raise objections – Aid intended to make good the damage suffered as a result of an exceptional occurrence – Principles of proportionality and non-discrimination – Free provision of services
Language of the case: English
Case C-758/21 P Ryanair and Airport Marketing Services v Commission
Appeal – State aid – Measures implemented by the Republic of Austria for Klagenfurt Airport, Ryanair and other airlines using that airport – Decision declaring the aid measures to be incompatible in part with the internal market – Article 85(3) of the Rules of Procedure of the General Court of the European Union – Evidence submitted to the General Court after the written part of the procedure has been closed – Admissibility – Regulation (EU) 2015/1589 – Article 17(1) and (2) – Powers of the European Commission to recover aid – Limitation period – Degree of precision with respect to actions that interrupt that period – Obligation to state reasons – Distortion of the clear sense of the evidence – Data relevant for determining the amount of aid to recover
Language of the case: English
Case C-84/22 Right to Know v An Taoiseach
Reference for a preliminary ruling – Environment – Aarhus Convention – Directive 2003/4/EC – Public access to environmental information – Refusal of a request for information – Records of government meetings – Discussions relating to greenhouse gas emissions – Article 4(1) and (2) – Exceptions to the right of access to information – Concepts of ‘internal communications’ and ‘proceedings of public authorities’ – Judicial review – Quashing of the decision refusing access – Applicable exception identified in the judgment – Res judicata
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Case C-201/22 Kopiosto v Telia Finland
Reference for a preliminary ruling – Intellectual property rights – Directive 2014/26/EU – Collective management of copyright and related rights – Collective management organisation – Directive 2004/48/EC – Measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights – Article 4 – Persons entitled to seek the application of the measures, procedures and remedies provided for in Directive 2004/48/EC – Collective management organisation authorised to carry out extended collective licensing – Standing to bring proceedings for the defence of intellectual property rights
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Case C-213/22 Instituto de Financiamento da Agricultura e Pescas v CS (Reforestation measures)
Reference for a preliminary ruling – Common agricultural policy – Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) – Community aid scheme for forestry measures in agriculture – Regulation (EEC) No 2080/92 – Article 3, first paragraph, points (b) and (c) – Aid scheme – Maintenance premiums and premiums for loss of income – Conditions for granting – National legislation laying down a requirement of a minimum reforestation density of the plots – Failure to comply with the requirement for a reason not attributable to the beneficiary – Obligation to repay the aid – Force majeure – Principle of proportionality
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-260/22 Seven.One Entertainment Group v Corint Media
Reference for a preliminary ruling – Harmonisation of certain aspects of copyright and related rights in the information society – Directive 2001/29/EC – Article 2(e) – Broadcasting organisations – Reproduction right of fixations of broadcasts – Article 5(2)(b) – Private copying exception – Fair compensation – Harm to broadcasting organisations – Equal treatment – National legislation excluding broadcasting organisations from the right to fair compensation
Request for a preliminary ruling from the Landgericht Erfurt
Language of the case: German
Case C-321/22 ZL and Others v Provident Polska
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Consumer credit agreement – Article 3(1) – Significant imbalance – Non-interest credit costs – Article 7(1) – Action for a declaratory judgment – Interest in bringing proceedings – Article 6(1) – Finding that a term is unfair – Consequences
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy - Śródmieścia w Warszawie
Language of the case: Polish
Case C-354/22 Weingut A v Land Rheinland-Pfalz
Reference for a preliminary ruling – Agriculture – Common organisation of the markets – Labelling and presentation in the wine sector – Designations of origin and geographical indications – Delegated Regulation (EU) 2019/33 – Second subparagraph of Article 54(1) – Indication of the holding carrying out the winemaking – Vineyards and winepress facility under lease from another wine-growing holding – Winemaking entirely carried out on the eponymous wine-growing holding
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-374/22 XXX v Commissaire général aux réfugiés et aux apatrides (Family unity)
Reference for a preliminary ruling – Directive 2011/95/EU – Standards for granting refugee status or subsidiary protection status – Father of minor refugee children born in Belgium – Father not a ‘family member’ within the meaning of Article 2(j) of that directive – Application for the grant of international protection, as a derived right, submitted by that father – Rejection – No obligation on Member States to recognise the right of the person concerned to obtain that protection if he does not individually qualify for it – Article 23(2) of that directive – Inapplicability
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
Case C-480/22 EVN Business Service and Others
Reference for a preliminary ruling – Public contracts – Review procedures relating to the award of public contracts – Directive 2014/25/EU – Article 57(3) – Contracting entity having its head office in a Member State other than that of the head office of a central purchasing body acting in its name and on its behalf – Access to the review procedures – Applicable procedural rules and jurisdiction of review bodies
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-532/22 Direcţia Generală Regională a Finanţelor Publice Cluj-Napoca and Administraţia Judeţeană a Finanţelor Publice Cluj v Westside Unicat
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 53 – Services in respect of admissions to entertainment events – Place of supply of services – Streaming of interactive video sessions – Making available of a location and of the equipment necessary for the video capture of performances and for the implementation of accompaniment in order to provide quality performances
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
Case C-614/22 XXX v Commissioner-General for Refugees and Stateless Persons (Family unity)
Reference for a preliminary ruling – Directive 2011/95/EU – Standards for granting refugee status or subsidiary protection status – Mother of minor refugee children in Belgium – Mother who is a ‘family member’ within the meaning of Article 2(j) of that directive – Application for the grant of international protection, as a derived right, submitted by that mother – Rejection – No obligation on Member States to recognise the right of the person concerned to obtain that protection if she does not individually qualify for it – Article 20 and Article 23(2) of that directive – Inapplicability
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
Case C-653/22 J. P. Mali Kerékpárgyártó és Forgalmazó v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Customs union – Regulation (EU) No 952/2013 – Article 42(1) – Obligation on the Member States to provide for effective, proportionate and dissuasive penalties for failure to comply with the customs legislation – Incorrect declaration of the country of origin of the imported goods – National legislation providing for a fine corresponding to 50% of the shortfall in customs duties – Principle of proportionality
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-682/22 LM v Ministarstvo financija
Reference for a preliminary ruling – Regulation (EC) No 1085/2006 – Assistance granted under the instrument for pre-accession assistance (IPA) – Regulation (EC) No 718/2007 – Article 7(1) and (3) – Conclusion of a framework agreement between the European Commission and the beneficiary country concerned – Rules for cooperation concerning the EU financial assistance granted to that beneficiary country – Taxes and fiscal charges – IPA framework agreement Albania-EC – Contract financed by the European Union – Expert having the status neither of an official nor of a member of staff of the European Union – Article 26(2)(c) – Tax exemption in Albania – Tax residence in Croatia – Income tax in Croatia
Request for a preliminary ruling from the Upravni sud u Zagrebu
Language of the case: Croatian
Case C-148/22 OP v Commune d'Ans
Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Establishing a general framework for equal treatment in employment and occupation – Prohibition of discrimination on the grounds of religion or belief – Public sector – Terms of employment of a public administration prohibiting the visible wearing of any philosophical or religious sign in the workplace – Islamic headscarf – Requirement of neutrality in contacts with the public, hierarchical superiors and colleagues
Request for a preliminary ruling from the tribunal du travail de Liège
Language of the case: French
Joined Cases C-228/21, C-254/21, C-297/21, C-315/21 and C-328/21 Ministero dell’Interno and Others v CZA and Ministero dell'Interno (Common leaflet – Indirect refoulement)
Reference for a preliminary ruling – Asylum policy – Regulation (EU) No 604/2013 – Articles 3 to 5, 17 and 27 – Regulation (EU) No 603/2013 – Article 29 – Regulation (EU) No 1560/2003 – Annex X – Right to information of the applicant for international protection – Common leaflet – Personal interview – Application for international protection previously lodged in a first Member State – New application lodged in a second Member State – Illegal stay in the second Member State – Take back procedure – Infringement of the right to information – No personal interview – Protection against the risk of indirect refoulement – Mutual trust – Judicial review of the transfer decision – Scope – Finding of the existence, in the requested Member State, of systemic flaws in the asylum procedure and in the reception conditions for applicants for international protection – Discretionary clauses – Risk of infringement of the principle of non-refoulement in the requested Member State
Requests for a preliminary ruling from the Corte suprema di cassazione, Tribunale ordinario di Roma, Tribunale Ordinario di Firenze, Tribunale di Milano and Tribunale di Trieste
Language of the case: Italian
Case C-173/22 P MG v EIB
Appeal – Civil service – Staff of the European Investment Bank (EIB) – EIB Staff Rules – Remuneration – Family allowances – Payment to the sole parent with full custody of the child – Charter of Fundamental Rights of the European Union – Article 41(2) – Right to be heard – Plea of illegality in respect of the Staff Rules – Principle of equal treatment – Principle of proportionality – Action for annulment and for damages
Language of the case: French
Case C-270/22 G.D. and Others v Ministero dell'Istruzione and INPS
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Public sector – Teachers – Employment of fixed-term workers as career civil servants through recruitment based on qualifications – Determination of the period of service deemed accrued
Request for a preliminary ruling from the Tribunale ordinario di Ravenna
Language of the case: Italian
Case C-328/22 Commission v Slovenia (Urban waste water treatment)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive 91/271/EEC – Collection and treatment of urban waste water – Article 4(1) and (3), as well as Articles 5 and 15 – Sections B and D of Annex I – Secondary or equivalent treatment of urban waste water from agglomerations of a certain size – More stringent treatment of discharges into sensitive areas – Monitoring of discharges from waste water treatment plants
Language of the case: Slovene
Information (on unpublished decisions)
Case C-473/23 P Bimbo v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-177/23 Investcapital v XF and Others
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Directive 93/13/EEC – Consumer contracts – Scope – Article 1(2) – Exclusion of contractual terms which reflect mandatory statutory or regulatory provisions – Clause reflecting a national mandatory statutory provision conferring on a lender the right to assign claims arising from a loan agreement entered into with a consumer, without the consent of the latter
Case C-232/23 A v B
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Need for interpretation of EU law to enable the referring court to give judgment – None – Manifest inadmissibility
Case C-333/23 GM v Bundesrepublik Deutschland
Reference for a preliminary ruling – Article 267 TFEU – Article 53(2) of the Rules of Procedure of the Court of Justice – Second subparagraph of Article 19(1)TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Independence of judges – Directive 2000/78/EC – Prohibition of discrimination on grounds of age – Interpretation not necessary for the referring court to be able to give judgment – Manifest inadmissibility
Case C-663/20 P-DEP Hypo Vorarlberg Bank v SRB
Taxation of costs
Case C-527/21 P XC v Commission
Appeal – Civil Service – Recruitment – Open Competition EPSO/AD/338/17 – Non-admission of the applicant to the next phase of the competition – Principle of non-discrimination on the ground of disability – Access to documents – Rejection of the request for access to the questions asked during a test – Secrecy of the selection board’s proceedings – Regulation (EC) No 1049/2001 – Article 4(3) – Open Competition EPSO/AD/356/18 – Non-inclusion on a reserve list – Admissibility of an application for the annulment of that reserve list – Right to be heard – Article 47 of the Charter of Fundamental Rights of the European Union – Action for damages
Case C-293/22 P Chemours Netherlands v ECHA
Appeal – Regulation (EC) No 1907/2006 (REACH Regulation) – Article 57(f) – Substances of very high concern – Identification – Conditions – Serious effects on health or the environment – Equivalent level of concern – 2,3,3,3-tetrafluoro-2-(heptafluoropropoxy)propionic acid, its salts and its acyl halides – Identification as a substance fulfilling the criteria for inclusion in Annex XIV to that regulation
Case C-353/22 Commission v Sweden (Control of the acquisition and possession of weapons)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2017/853 – Control of the acquisition and possession of weapons – Article 260(3) TFEU – Pecuniary penalties – Transposition and notification of transposition measures in the course of proceedings – Order to pay a lump sum
Case C-443/23 P Consulta v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request that an appeal be allowed to proceed failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-257/23 P Hansol Paper v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Appeal manifestly unfounded – Regulation (EU) 2016/1036 – Dumping – Imports of certain heavyweight thermal paper originating in South Korea – Definitive anti-dumping duty
Case C-773/21 P AV and AW v Parliament
Appeal – Civil service – Officials – Disciplinary proceedings – Disciplinary penalty – Downgrading – Investigation by the European Anti-Fraud Office (OLAF) – Parallel national criminal proceedings – Power of attorney – Proportionality of the disciplinary penalty – Article 181 of the Rules of Procedure of the Court – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-224/22 Spain v Council (Supplementary conservation measures in the Western Mediterranean)
Action for annulment – Regulation (EU) 2022/110 – Annex III(c) – Fixing the maximum allowable fishing effort of European hake and of red mullet for demersal longliners – Annex III(e) – Fixing maximum catch limits for red shrimp – Geographical subareas (GSAs) 1-2-5-6-7 – Article 43(2) and (3) TFEU – Regulation (EU) 2019/1022 – Fishing effort regime – Supplementary measures – Article 7(5) – Concept of ‘significant catches’ – Scientific advice – Article 7(3)(b) – Concept of ‘conservation measure’ – Obligation to state reasons – Discretion – Limits – Principle of proportionality
Case C-360/22 Commission v Netherlands (Pension capital after transfer)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Free movement of workers – Freedom to provide services – Free movement of capital – Articles 45, 56 and 63 TFEU – Articles 28, 36 and 40 of the Agreement on the European Economic Area – Transfer of the value of pension rights – Supplementary pension accumulated via the employer – Cross-border situation
Case C-458/22 P Roos and Others v Parliament
Appeal – Public health – Access to the buildings of the European Parliament – Obligation to present a valid EU digital COVID-19 certificate – Decision of the Bureau of the European Parliament – Rules of Procedure of the Parliament – Rule 25 – Concept of ‘power to determine its own internal organisation’ – Article 8(2) of the Charter of Fundamental Rights of the European Union – Protection of personal data – Concept of a measure ‘laid down by law’ – Regulation (EU) 2018/1725 – Articles 5 and 6 – Concept of ‘Union law’ – Inclusion of the internal rules of a Union institution or body
Case C-459/22 Commission v Netherlands (Transfer of the value of pension rights)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Free movement of workers – Freedom to provide services – Free movement of capital – Articles 45, 56 and 63 TFEU – Conditions for transfer of the value of pension rights – Supplementary pension accumulated via the employer – National pension insurance organisations and foreign pension insurance organisations – Discrimination
Case C-595/22 P Colombani v EEAS
Appeal – Civil service – Official of the European External Action Service (EEAS) – Selection procedures – Post of Director for Middle East and North Africa – Post of Head of the EU Delegation to Canada – Decisions rejecting the applications of that official – Action for annulment – Inadmissibility of the claim for annulment of one of those rejection decisions – Amicable settlement excluding the possibility of challenging the appointment decisions taken in the context of those selection procedures – Inseparable nature of those rejection decisions and those appointment decisions – Rejection of the claim for annulment of the other rejection decision and, consequently, dismissal of that action in its entirety
Case C-17/23 P Asociación Liberum and Others v Parliament and Council
Appeal – Public health – Regulation (EU) 2022/1034 – Regulation (EU) 2021/953 – EU digital COVID certificate – Free movement of persons – Restrictions – Action for annulment – No locus standi or interest in bringing proceedings – Article 181 of the Rules of Procedure of the Court of Justice – Appeal manifestly unfounded
Case C-203/23 PL v État belge
Request for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to set out the factual and legislative context of the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling – Lack of sufficient information – Manifest inadmissibility
Case C-585/23 P(R) Council v Mazepin
Appeal – Interim relief – Restrictive measures taken having regard to the situation in Ukraine – Freezing of funds and economic resources – Maintenance of the name of a natural person on the list of persons, entities and bodies subject to those measures – Suspension of the process of ‘re-listing’ that person – Publication of a note in the Official Journal of the European Union – Obligation to take measures on visas granted by Member States – Measures which may be adopted by the judge hearing the application for interim measures
Case C-628/22 Criminal proceedings against DU and Others (Provisional withdrawal of an A1 certificate)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Identical questions referred for a preliminary ruling – Migrant workers – Social security – Legislation applicable – Regulation (EC) No 883/2004 – Article 13(1)(b)(i) – Persons normally pursuing an activity as an employed person in two or more Member States – Applicability of the legislation of the Member State in which the registered office is situated – Concept of ‘registered office’ – Undertaking which has obtained a Community licence for transport under Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 – Effect – Licence fraudulently obtained or relied on – Regulation (EC) No 987/2009 – Article 5 – A1 certificate – Provisional withdrawal – Binding effect – Certificate fraudulently obtained or relied on
Case C-310/23 Groupama Asigurări v Asigurarea Românească – Asirom Vienna Insurance Group and GE
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Article 267 TFEU – Interpretation of an earlier judgment of the Court of Justice – Judicial cooperation in civil matters – Regulations (EC) No 864/2007 and (EC) No 593/2008 – Accident caused by a vehicle towing a semi-trailer – Vehicle and semi-trailer insured by different insurers – Accident which occurred in a Member State other than that in which the insurance contracts were concluded – Action for indemnity between the insurers – Applicable law
Case C-373/23 L.T.L v Apelativen sad - Sofia
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to set out the regulatory context of the main proceedings – Requirement to state the reasons justifying the need for an answer from the Court and to set out the relationship between the provisions of EU law of which an interpretation is sought and the applicable national legislation – Lack of sufficient information – Manifest inadmissibility
Case C-742/22 SA Ramon v Commission
Case C-787/22 P Sistem ecologica v Commission
Appeal – Investigation by the European Anti-Fraud Office (OLAF) – OLAF Communication to national customs authorities – OLAF investigation report – Access to the OLAF file – Regulation (EU, Euratom) No 883/2013 – Regulation (EC) No 1049/2001 – Action for annulment – Admissibility – Actions for damages – Unlawfulness of the conduct alleged
Case C-548/23 P Baldan v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Actions for damages – COVID-19 crisis – Conduct of the European Commission, its President and its members – Loss of confidence in the European Union – Non-material damage – Burden of proof – Distortion of the clear sense of the evidence – Appeal in part manifestly inadmissible and in part manifestly unfounded
December 2023
Joined Cases C-451/21 P and C-454/21 P Luxembourg and Others v Commission
Appeal – State aid – Article 107(1) TFEU – Tax rulings adopted by a Member State – Aid declared incompatible with the internal market – Obligation to recover that aid – Concept of ‘advantage’ – Determination of the reference framework – ‘Normal’ taxation under national law – Review by the Court of Justice of the interpretation and application of national law by the General Court of the European Union – Direct taxation – Strict interpretation – Powers of the European Commission – Obligation to state reasons – Legal classification of the facts – Concept of ‘abuse of law’ – Ex ante assessment by the tax authorities of the Member State concerned – Principle of legal certainty
Language of the case: French
Case C-683/21 Nacionalinis visuomenės sveikatos centras prie Sveikatos apsaugos ministerijos v Valstybinė duomenų apsaugos inspekcija
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 4(2) and (7) – Concepts of ‘processing’ and ‘controller’ – Development of a mobile IT application – Article 26 – Joint control – Article 83 – Imposition of administrative fines – Conditions – Requirement that the infringement be intentional or negligent – Responsibility and liability of the controller for the processing of personal data carried out by a processor
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
Case C-807/21 Deutsche Wohnen v Staatsanwaltschaft Berlin
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 4(7) – Concept of ‘controller’ – Article 58(2) – Powers of supervisory authorities to apply corrective measures – Article 83 – Imposition of administrative fines on a legal person – Conditions – Discretion of the Member States – Requirement that the infringement be intentional or negligent
Request for a preliminary ruling from the Kammergericht Berlin
Language of the case: German
Case C-128/22 Nordic Info v Belgische Staat
Reference for a preliminary ruling – Directive 2004/38/EC – Articles 27 and 29 – Measures restricting the free movement of Union citizens on public health grounds – Measure of general application – National legislation providing for a ban on leaving the national territory in order to engage in non-essential travel to Member States classified as high-risk zones in the context of the COVID-19 pandemic and an obligation for every traveller entering the national territory from one of those Member States to undergo screening tests and to observe quarantine – Schengen Borders Code – Article 23 – Exercise of police powers in the field of public health – Equivalence with the exercise of border checks – Article 25 – Possibility of reintroducing border controls at internal borders in the context of the COVID-19 pandemic – Controls carried out in a Member State as part of measures prohibiting the crossing of borders for the purpose of engaging in non-essential travel from or to States in the Schengen area classified as high-risk zones in the context of the COVID-19 pandemic
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel
Language of the case: Dutch
Case C-634/21 OQ v Land Hessen (Scoring)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 22 – Automated individual decision-making – Credit information agencies – Automated establishment of a probability value concerning the ability of a person to meet payment commitments in the future (‘scoring’) – Use of that probability value by third parties
Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden
Language of the case: German
Case C-830/21 Syngenta Agro v Agro Trade Handelsgesellschaft
Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 1107/2009 – Placing of plant protection products on the market – Article 52 – Parallel trade – Regulation (EU) No 547/2011 – Labelling requirements for plant protection products – Annex I, paragraph 1(b) and (f) – Name and address of the holder of the authorisation – Batch number
Request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg
Language of the case: German
Joined Cases C-26/22 and C-64/22 UF and AB v Land Hessen (Discharge from remaining debts)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 5(1)(a) – Principle of ‘lawfulness’ – Point (f) of the first subparagraph of Article 6(1) – Necessity of processing for the purposes of the legitimate interests pursued by the controller or by a third party – Article 17(1)(d) – Right to erasure where personal data have been unlawfully processed – Article 40 – Codes of conduct – Article 78(1) – Right to an effective judicial remedy against a supervisory authority – Decision taken by the supervisory authority on a complaint – Scope of judicial review of that decision – Credit information agencies – Storage of data from a public register relating to the discharge of remaining debts in favour of a person – Storage period
Requests for a preliminary ruling from the Verwaltungsgericht Wiesbaden
Language of the case: German
Case C-140/22 SM and Others v mBank (Consumer declaration)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 6(1) and Article 7(1) – Effects of a finding that a term is unfair – Mortgage loan agreement indexed to a foreign currency containing unfair terms concerning the exchange rate – Nullity of that contract – Claims for restitution – Statutory interest – Limitation period
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy - Śródmieścia w Warszawie
Language of the case: Polish
Case C-329/22 Zamestnik izpalnitelen direktor na Darzhaven fond 'Zemedelie' v IW (Organic beekeeping)
Reference for a preliminary ruling – Agriculture – European Agricultural Fund for Rural Development (EAFRD) funding – Regulation (EU) No 1305/2013 – Support for rural development – Article 29(3) – Organic farming – Financial support for organic in-conversion production – Concepts of ‘initial period’ and ‘conversion period’ – Regulation (EC) No 889/2008 – Organic beekeeping – Minimum conversion period – Article 38(3) – Regulation (EC) No 834/2007 – Article 17 – Conversion
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-434/22 Latvijas valsts meži v Dabas aizsardzības pārvalde and Vides pārraudzības valsts birojs
Reference for a preliminary ruling – Environment – Conservation of natural habitats and of wild fauna and flora – Directive 92/43/EEC – Article 6(3) – Concept of ‘plan or project’ on a protected site – Intervention in a forest to protect it from fire – Need to carry out a prior assessment of the implications of that intervention for the site concerned
Request for a preliminary ruling from the Administratīvā rajona tiesa
Language of the case: Latvian
Joined Cases C-441/22 and C-443/22 Zamestnik-ministar na regionalnoto razvitie i blagoustroystvoto and Zamestnik-ministar na regionalnoto razvitie i blаgoustroystvoto v Obshtina Razgrad and Obshtina Balchik
Requests for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-518/22 J.M.P. v AP Assistenzprofis
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 2(5) – Prohibition of discrimination on grounds of age – United Nations Convention on the Rights of Persons with Disabilities – Article 19 – Living independently and being included in the community – Charter of Fundamental Rights of the European Union – Article 26 – Social and occupational integration of persons with disabilities – Personal assistance service for persons with disabilities – Job offer stating a minimum age and maximum age of the person to be hired – Account taken of the wishes and interests of the disabled person – Justification
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-587/22 Commission v Hungary (Collection of urban waste water)
Failure of a Member State to fulfil obligations – Environment – Directive 91/271/EEC – Treatment of urban waste water – Article 3 – Collecting systems – Individual systems – Article 4 – Secondary or equivalent treatment – Article 5 – Sensitive areas – Article 15 – Monitoring of discharges
Language of the case: Hungarian
Case C-700/22 RegioJet and STUDENT AGENCY v České dráhy and Others
Reference for a preliminary ruling – Regulation (EU) 2015/1589 – Existing aid and new aid – Aid granted in disregard of the procedural rules laid down in Article 108(3) TFEU – Expiry of the limitation period provided for in Article 17 of Regulation (EU) 2015/1589 – Obligation on the national court to order the recovery of the aid
Request for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
Case C-303/23 Powszechny Zakład Ubezpieczeń v Volvia
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 2011/7/EU – Combating late payment in commercial transactions – Article 2(1) – Concept of ‘commercial transactions’ – Article 3(1)(a) – Entitlement to interest for late payment – Insurance contract concluded between undertakings
Request for a preliminary ruling from the Sąd Rejonowy dla Wrocławia-Fabrycznej we Wrocławiu
Language of the case: Polish
Case C-340/21 VB v Natsionalna agentsia za prihodite
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 5 – Principles relating to that processing – Article 24 – Accountability of the controller – Article 32 – Measures implemented to ensure security of processing – Assessment of the appropriateness of such measures – Scope of judicial review – Taking of evidence – Article 82 – Right to compensation and liability – Possible exemption from liability of the controller in the event of infringement by third parties – Claim for compensation for non-material damage based on fear of potential misuse of personal data
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-457/21 P Commission v Luxembourg and Others
Appeal – State aid – Article 107(1) TFEU – Tax ruling adopted by a Member State – Aid declared incompatible with the internal market – Concept of ‘advantage’ – Determination of the reference framework – ‘Normal’ taxation according to national law – Arm’s length principle – Review by the Court of Justice of the interpretation and application of national law by the General Court
Language of the case: English
Joined Cases C-693/21 P and C-698/21 P EDP España v Naturgy Energy Group and Commission
Appeal – State aid – Environmental incentive measure adopted by the Kingdom of Spain for coal-fired power plants – Decision to initiate the formal investigation procedure – Action for annulment
Language of the case: Spanish
Case C-767/21 P Rivière and Others v Parliament
Appeal – Law governing the institutions – Members of the European Parliament – Rules of Procedure of the European Parliament – Standards of conduct – Rule 10(3) – Prohibition on displaying banners during the sittings of Parliament – Oral measure of the President of the Parliament prohibiting MEPs from displaying national flags on their lecterns – Action for annulment – Article 263 TFEU – Concept of ‘challengeable act’
Language of the case: French
Case C-28/22 TL and WE v Liquidator of Getin Noble Bank (Limitation period for actions for restitution)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 6(1) and Article 7(1) – Effects of a finding that a term is unfair – Mortgage loan agreement indexed to a foreign currency containing unfair terms concerning the exchange rate – Nullity of that contract – Claims for restitution – Limitation period
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
Case C-109/22 Commission v Romania (Closure of landfill sites)
Language of the case: Romanian
Case C-206/22 TF v Sparkasse Südpfalz
Reference for a preliminary ruling – Protection of the safety and health of workers – Organisation of working time – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Article 7 – Right to paid annual leave – SARS-Cov-2 virus – Quarantine measure – Impossible to carry over the paid annual leave granted for a period coinciding with a period of quarantine
Request for a preliminary ruling from the Arbeitsgericht Ludwigshafen am Rhein
Language of the case: German
Case C-456/22 VX and AT v Gemeinde Ummendorf
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 82 – Right to compensation and liability – Concept of ‘non-material damage’ – Online publication of the agenda for a municipal council meeting containing personal data – Publication without the consent of the data subjects – Claim of those data subjects seeking compensation for non-material damage
Request for a preliminary ruling from the Landgericht Ravensburg
Language of the case: German
Case C-655/22 I v Hauptzollamt HZA (Repayment of levies)
Reference for a preliminary ruling – Agriculture – Common organisation of the markets – Sugar sector – Production levies – Regulation (EU) No 1360/2013 – Right to reimbursement of the unduly paid levies – Time-bars and limitation periods – Finality of decisions to reimburse – Principles of equivalence and effectiveness – Principle of legal certainty
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Joined Cases C-38/21, C-47/21 and C-232/21 VK and Others v BMW Bank and Others
Reference for a preliminary ruling – Consumer protection – Leasing agreement for a motor vehicle without an obligation to purchase – Directive 2008/48/EC – Article 2(2)(d) – Concept of a leasing agreement without an obligation to purchase the object of the agreement – Directive 2002/65/EC – Article 1(1) and Article 2(b) – Concept of a contract for financial services – Directive 2011/83/EU – Article 2(6) and Article 3(1) – Concept of a service contract – Article 2(7) – Contract of a distance contract – Article 2(8) – Concept of an off-premises contract – Article 16(l) – Exception from the right of withdrawal in respect of the provision of car rental services – Credit agreement for the purchase of a motor vehicle – Directive 2008/48 – Article 10(2) – Requirements relating to the information that must be stated in the agreement – Presumption of compliance with the obligation to provide information in the case of use of a statutory information model – Absence of horizontal direct effect of a directive – Article 14(1) – Right of withdrawal – Start of the withdrawal period in the event of incomplete or incorrect information – Abusive nature of the exercise of the right of withdrawal – Time-barring of the right of withdrawal – Obligation to return the vehicle in advance in the event of exercise of the right of withdrawal in respect of a linked credit agreement
Requests for a preliminary ruling from the Landgericht Ravensburg
Language of the case: German
Case C-124/21 P International Skating Union v Commission
Appeal – Competition – Rules introduced by an international sports association – Skating – Private law entity vested with regulatory, control and decision-making powers, and the power to impose sanctions – Rules on the prior approval of competitions, the participation of athletes in those competitions and the arbitration rules governing conflicts – Parallel pursuit of economic activities – Organisation and marketing of competitions – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Possible justification – Conditions
Language of the case: English
Case C-333/21 European Superleague Company v FIFA and EUFA
Reference for a preliminary ruling – Competition – Internal market – Rules introduced by international sports associations – Professional football – Private law entities vested with regulatory, control and decision-making powers, and the power to impose sanctions – Rules on prior approval of competitions, on the participation of football clubs and players in those competitions, and also on the exploitation of commercial and media rights related to those competitions – Parallel pursuit of economic activities – Organisation and marketing of competitions – Exploitation of related commercial and media rights – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Exemption under Article 101(3) TFEU – Conditions – Article 102 TFEU – Abuse of dominant position – Justification – Conditions – Article 56 TFEU – Restrictions on the freedom to provide services – Justification – Conditions – Burden of proof
Request for a preliminary ruling from the Juzgado de lo Mercantil de Madrid
Language of the case: Spanish
Case C-488/21 GV v Chief Appeals Officer and Others
Reference for a preliminary ruling – Citizenship of the European Union – Articles 21 and 45 TFEU – Right of Union citizens to move and reside freely in the territory of the Member States – Worker having acquired the nationality of the host Member State while retaining his or her nationality of origin – Directive 2004/38/EC – Article 3 – Beneficiaries – Article 2(2)(d) – Family member – Dependent direct relatives in the ascending line of a worker who is a Union citizen – Article 7(1)(a) and (d) – Right of residence for more than three months – Retention of the status of dependant in the host Member State – Article 14(2) – Retention of the right of residence – Regulation (EU) No 492/2011 – Article 7(2) – Equal treatment – Social advantages – Social assistance benefits – Unreasonable burden on the social assistance system of the host Member State
Request for a preliminary ruling from the Court of Appeal
Language of the case: English
Case C-667/21 ZQ v Krankenversicherung Nordrhein
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 6(1) – Conditions for lawful processing – Article 9(1) to (3) – Processing of special categories of data – Data concerning health – Assessment of an employee’s working capacity – Health insurance medical service processing data concerning the health of its own employees – Conditions for such processing and whether permissible – Article 82(1) – Right to compensation and liability – Compensation for non-material damage – Compensatory function – Impact of negligence on the part of the data controller
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-680/21 UL and Royal Antwerp Football Club v Union royale belge des sociétés de football association
Reference for a preliminary ruling – Competition – Internal market – Rules introduced by international and national sports associations – Professional football – Private law entities vested with regulatory, control and sanctioning powers – Rules requiring professional football clubs to use a minimum number of ‘home-grown’ players – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Exemption under Article 101(3) TFEU – Conditions – Article 45 TFEU – Indirect discrimination on the basis of nationality – Restriction on the freedom of movement for workers – Justification – Conditions – Burden of proof
Request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles
Language of the case: French
Case C-718/21 L.G. v Krajowa Rada Sądownictwa (Continued holding of a judicial office)
Reference for a preliminary ruling – Article 267 TFEU – Concept of ‘court or tribunal’ – Criteria – Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Chamber of Extraordinary Control and Public Affairs) of the Sąd Najwyższy (Supreme Court, Poland) – Reference for a preliminary ruling from an adjudicating panel which does not have the status of an independent and impartial tribunal previously established by law – Inadmissibility
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-66/22 Infraestruturas de Portugal and Futrifer Indústrias Ferroviárias v Toscca - Equipamentos em Madeira
Reference for a preliminary ruling – Procedures for the award of public works contracts, public supply contracts and public service contracts – Directive 2014/24/EU – Point (d) of the first subparagraph of Article 57(4) – Award of public contracts in the transport sector – Directive 2014/25/EU – Article 80(1) – Facultative grounds for exclusion – Obligation to transpose – Economic operator entering into agreements aimed at distorting competition – Competence of the contracting authority – Impact of an earlier decision of a competition authority – Principle of proportionality – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Principle of sound administration – Obligation to state reasons
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-86/22 Papier Mettler Italia v Ministero della Transizione Ecologica and Ministero dello Sviluppo Economico
Reference for a preliminary ruling – Approximation of laws – Environment – Directive 94/62/EC – Packaging and packaging waste – Directive 98/34/EC – Information procedure in the field of technical standards and regulations and of rules on Information Society services – Obligation on the Member States to notify the European Commission of any draft technical regulation – National legislation containing stricter technical rules than those laid down by EU legislation
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-96/22 CDIL v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Free movement of goods – Article 34 TFEU – Quantitative restrictions on importation – Measures having equivalent effect – National legislation limiting the quantity of cigarettes which can be released for consumption during a given period to a maximum corresponding to the monthly average of the quantities released for consumption in the preceding 12 months – Article 36 TFEU – Justification – Combating tax avoidance and abusive practices – Protection of public health – Taxation – Excise duties – Directive 2008/118/EC – Article 7 – Time at which excise duties become chargeable – Release for consumption of excise goods – Article 9 – Chargeability conditions and applicable rate of excise duty – Applicable quantitative limit exceeded – Excess – Application of the rate of excise duty in force on the date on which the declaration of discharge is lodged
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-167/22 Commission v Denmark (Maximum parking time)
Failure of a Member State to fulfil obligations – International road haulage – Regulation (EC) No 1072/2009 – Articles 8 and 9 – Regulation (EC) No 561/2006 – Rest periods – National legislation introducing a maximum parking time at public rest areas of 25 hours along the motorway network of a Member State – Restriction on the freedom to provide road transport services – Burden of proof
Language of the case: Danish
Case C-261/22 Criminal proceedings against GN (Ground for refusal based on the best interests of the child)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 15(2) – Surrender procedure between Member States – Grounds for non-execution – Charter of Fundamental Rights of the European Union – Article 7 – Respect for private and family life – Article 24(2) and (3) – Taking into consideration the best interests of the child – Right of every child to maintain on a regular basis a personal relationship and direct contact with both parents – Mother of young children living with her
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-278/22 AUTOTECHNICA FLEET SERVICES v Hrvatska agencija za nadzor financijskih usluga
Reference for a preliminary ruling – Freedom of establishment – Freedom to provide services – Directive 2006/123/EC – Article 2(2)(b) – Scope – Exclusion of financial services – Long-term rental of motor vehicles – Articles 9(1) and 10(1) and (2) – Services subject to prior authorisation
Request for a preliminary ruling from the Upravni sud u Zagrebu
Language of the case: Croatian
Case C-281/22 Criminal proceedings against G.K. and Others (European Public Prosecutor’s Office)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Article 31 – Cross-border investigations – Judicial authorisation – Scope of the review – Article 32 – Enforcement of assigned measures
Request for a preliminary ruling from the Oberlandesgericht Wien
Language of the case: German
Case C-288/22 TP v Administration de l'enregistrement, des domaines et de la TVA (VAT – Member of a board of directors)
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 9 – Taxable persons – Economic activity carried out independently – Concept of ‘economic activity’ – Concept of ‘independent exercise of the activity’ – Activity as a member of the board of directors of a public limited company
Request for a preliminary ruling from the Tribunal d'arrondissement de Luxembourg
Language of the case: French
Case C-297/22 P United Parcel Service v Commission
Appeal – Action for damages – Concentrations of undertakings – European Commission decision declaring the concentration to be incompatible with the internal market and the functioning of the EEA Agreement – Annulment of the decision on account of procedural defect – Non-contractual liability of the European Union – Causal link
Language of the case: English
Case C-340/22 Cofidis v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Direct taxation – Article 49 TFEU – Freedom of establishment – Introduction of a tax on the liabilities of credit institutions for the purpose of funding the national social security system – Alleged discrimination against branches of foreign credit institutions – Directive 2014/59/EU – Framework for the recovery and resolution of credit institutions and investment firms – Scope
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
Case C-396/22 Generalstaatsanwaltschaft Berlin (Conviction in absentia)
Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4a(1) – Surrender procedure between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Mandatory execution – Sentence handed down in absentia – Concept of ‘trial resulting in the decision’ – Proceedings amending sentences previously passed – Decision imposing a cumulative sentence – Decision handed down without the person concerned having appeared in person – National legislation imposing an absolute prohibition on surrender of the person concerned in the case of a decision rendered in absentia – Obligation to interpret national law in conformity with EU law
Request for a preliminary ruling from the Kammergericht Berlin
Language of the case: German
Case C-397/22 LM (Conviction in absentia)
Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4a(1) – Surrender procedure between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Mandatory execution – Sentence handed down in absentia – Concept of ‘trial resulting in the decision’ – Person concerned not having appeared in person either at first instance or on appeal – National legislation imposing an absolute prohibition on surrender of the person concerned in the case of a decision rendered in absentia – Obligation to interpret national law in conformity with EU law
Request for a preliminary ruling from the Kammergericht Berlin
Language of the case: German
Case C-398/22 RQ (Conviction in absentia)
Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4a(1) – Surrender procedure between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Mandatory execution – Sentence handed down in absentia – Concept of ‘trial resulting in the decision’ – Person concerned not having appeared in person either at first instance or on appeal – National legislation imposing an absolute prohibition on surrender of the person concerned in the case of a decision rendered in absentia – Obligation to interpret national law in conformity with EU law
Request for a preliminary ruling from the Kammergericht Berlin
Language of the case: German
Case C-421/22 DOBELES AUTOBUSU PARKS and Others v Iepirkumu uzraudzības birojs and Autotransporta direkcija
Reference for a preliminary ruling – Transport – Public passenger transport services by rail and by road – Regulation (EC) No 1370/2007 – Article 1(1) – Article 2a(2) – Article 3(1) – Article 4(1) – Article 6(1) – Contract for the provision of public passenger transport services by bus – Procedure for awarding a public service contract – Open, transparent and non-discriminatory tendering procedure – Specifications – Amount of compensation granted by the competent national authority – Indexation limited in terms of time and categories of specific costs – Spreading of risk
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
Case C-431/22 Scuola europea di Varese v PD and LC
Reference for a preliminary ruling – Convention defining the Statute of the European Schools – Article 27(2) – General Rules of the European Schools – Articles 62, 66 and 67 – Challenge to the decision of a Class Council not to authorise a pupil to be promoted to the year above in the secondary school – Lack of jurisdiction of the national courts – Sole jurisdiction of the Complaints Board of the European Schools – Effective judicial protection
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Information (on unpublished decisions)
Case C-174/22 Criminal proceedings against EV (Drug precursors)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Drug precursors – Framework Decision 2004/757/JHA – Article 2(1)(d) – Person involved in the transport and distribution of precursors used for the illicit production or manufacture of drugs – Regulation (EC) No 273/2004 – Scheduled substances – Article 2 – Concept of ‘operator’ – Article 8(1) – Circumstances suggesting that scheduled substances might be diverted for the illicit manufacture of narcotic drugs or psychotropic substances – Obligation to notify those circumstances – Concept of ‘circumstance’ – Scope
Case C-574/22 Criminal proceedings against CI and Others (Drug precursers)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Drug precursors – Framework Decision 2004/757/JHA – Article 2(1)(d) – Person involved in the transport and distribution of precursors used for the illicit production or manufacture of drugs – Regulation (EC) No 273/2004 – Scheduled substances – Article 2 – Concept of ‘operator’ – Article 8(1) – Circumstances suggesting that scheduled substances might be diverted for the illicit manufacture of narcotic drugs or psychotropic substances – Obligation to notify those circumstances – Concept of ‘circumstance’ – Scope
Case C-615/22 P HV and HW v ECDC
Appeal – Civil service – European Centre for Disease Prevention and Control (ECDC) – Members of the temporary staff – Psychological harassment – Working conditions – Material and non-material damage – Action for annulment and claim for damages
Case C-311/23 Caisse CIBTP du Grand Ouest v D.V.M.RENOV
Case C-317/23 P TO v EUAA
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Members of the temporary staff – Selection procedures – External vacancy notice [confidential] 1 Confidential information redacted. – Decision not to extend the validity of a reserve list – Action for annulment and for damages
Case C-523/23 P(I) Biocom California v Illumina and Commission
Appeal – Intervention – Competition – Concentrations – Pharmaceutical industry market – Decision declaring a concentration incompatible with the internal market and the functioning of the Agreement on the European Economic Area – Action for annulment – Association of undertakings active in the relevant sector with the purpose of defending the interests of its members – Interest in the result of the case
Case C-756/22 Bank Millennium v ES and AS
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Unfair terms in consumer contracts – Directive 93/13/EEC – Article 6(1) and Article 7(1) – Mortgage loan agreement indexed to a foreign currency – Effects of the annulment of that agreement in its entirety
Case C-407/23 Hera Luce v Comune di Trieste and Others
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to set out the factual and legislative context of the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling – Lack of sufficient information – Manifest inadmissibility
Case C-319/23 Proceedings brought by P. G.
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court's existing case-law – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Second indent of Article 7(1)(b) – International and territorial jurisdiction in contractual matters – Regulation (EC) No 261/2004 – Claim for compensation by air passengers for the cancellation of a flight – Article 5(1)(c) – Article 7(1)(a) – National legislation providing for other grounds of jurisdiction in favour of consumers
Case C-742/21 P CAPA and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – State aid – Individual aid measures for the operation of offshore wind farms – Obligation to purchase electricity at a price higher than the market price – Preliminary investigation procedure – Decision not to raise any objections – Action for annulment – Dismissal as inadmissible – Article 1(h) of Regulation (EU) 2015/1589 – Status of interested party – Fisheries undertakings – Construction of wind farms in fishing grounds – Competitive relationship – Likelihood that granting the aid at issue will have an effect on the interests of fisheries undertakings – Lack of effective judicial review – Incorrect findings – Distortion of the clear sense of evidence – Errors in the characterisation of the facts – Incorrect application of Article 39 TFEU – Failure to state reasons
Case C-474/23 Alfasoft v Agenția pentru Întreprinderi Mici și Mijlocii, Atragere de Investiții și Promovare a Exportului Cluj-Napoca
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to state the reasons justifying the need for a reply from the Court – Lack of sufficient information – Manifest inadmissibility
Case C-520/23 P UGA Nutraceuticals v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-521/23 P UGA Nutraceuticals v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-533/23 P Sanity Group v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-231/23 Proceedings brought by Eurobank Bulgaria
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Consumer protection – Unfair terms – Directive 93/13/EEC – Application by a seller or supplier concerning part of a debt based on a contract concluded with a consumer – Judgment granting the application and confirming the validity of the contract in its entirety – Subsequent proceedings concerning a different part of that debt – Res judicata
Case C-223/23 Criminal proceedings against L.D.
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to state the reasons justifying the need for a reply to questions referred for a preliminary ruling – Requirement to state the link between the provisions of European Union law whose interpretation is sought and the applicable national legislation – Lack of sufficient details – Manifest inadmissibility
Case C-54/20 P-DEP Missir Mamachi di Lusignano v Commission
Taxation of costs
January 2024
Case C-278/23 M.M. v Ministero della Difesa
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 5 – Fixed-term employment contracts in the public sector – Successive contracts – Prohibition on converting fixed-term contracts to open-ended contracts – Teaching non-military subjects in military schools
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Joined Cases C-181/21 and C-269/21 G. and Others v M.S. and X (Appointment of judges to the ordinary courts in Poland)
Reference for a preliminary ruling – Article 267 TFEU – Possibility for the referring court to take account of the preliminary ruling of the Court – Interpretation sought by the referring court necessary to enable it to give judgment – Independence of the judiciary – Conditions for the appointment of judges of the ordinary courts – Possibility of challenging an order which has definitively ruled on an application for the grant of interim measures – Possibility of removing a judge from a panel of judges of the court – Inadmissibility of the requests for a preliminary ruling
Requests for a preliminary ruling from the Sąd Okręgowy w Katowicach and Sąd Okręgowy w Krakowie
Language of the case: Polish
Case C-658/22 Sąd Najwyższy
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Legal questions raised by the First President of a Supreme Court – No dispute before the referring court – Manifest inadmissibility
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-131/23 Criminal proceedings against C.A.A. and C.V.
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Acte éclairé – Decision 2006/928/EC – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Legal nature and effects – Binding on Romania – Direct effect of the benchmarks – Obligation to combat corruption in general and high-level corruption in particular – Obligation to provide for dissuasive and effective criminal penalties – Limitation period for criminal liability – Decision of a constitutional court which has declared invalid a provision of national legislation governing the grounds for interrupting that period – Systemic risk of impunity – Principle that offences and penalties must be defined by law – Requirements of foreseeability and precision of criminal law – Principle of the retroactive application of the more lenient criminal law (lex mitior) – Principle of legal certainty – National standard of protection of fundamental rights – Obligation of the courts of a Member State to disapply decisions of the constitutional court and/or the supreme court of that Member State in the event that they are incompatible with EU law
Request for a preliminary ruling from the Curtea de Apel Braşov
Language of the case: Romanian
Case C-122/22 P Dyson and Others v Commission
Appeal – Energy – Directive 2010/30/EU – Indication by labelling and standard product information of the consumption of energy and other resources by energy-related products – Delegated regulation of the European Commission supplementing that directive – Energy labelling of vacuum cleaners – Annulment – Actions for damages – Non-contractual liability of the European Union – Requirement of a sufficiently serious breach of a rule of law intended to confer rights on individuals – Manifest and grave disregard for the limits of discretion – Relevant factors in the case of the absence of any discretion
Language of the case: English
Case C-231/22 État belge v Autorité de protection des données (Data processed by an official journal)
Reference for a preliminary ruling – Approximation of laws – Protection of natural persons with regard to the processing of personal data and free movement of such data (General Data Protection Regulation) – Regulation (EU) 2016/679 – Point 7 of Article 4 – Concept of ‘controller’ – Official journal of a Member State – Obligation to publish as they stand company documents prepared by companies or their legal representatives – Article 5(2) – Successive processing of the personal data contained in such documents by several separate persons or entities – Determination of responsibilities
Request for a preliminary ruling from the cour d'appel de Bruxelles
Language of the case: French
Case C-252/22 Societatea Civilă Profesională de Avocaţi AB & CD v Consiliul Judeţean Suceava and Others
Reference for a preliminary ruling – Environment – Aarhus Convention – Article 9(3) to (5) – Access to justice – Law firm partnership – Action seeking to challenge administrative measures – Admissibility – Conditions laid down by national law – No impairment of a right or undermining of a legitimate interest – Not prohibitively expensive judicial proceedings – Allocation of costs – Criteria
Request for a preliminary ruling from the Curtea de Apel Târgu-Mureş
Language of the case: Romanian
Case C-330/22 Friends of the Irish Environment v Minister for Agriculture Food and the Marine and Others (Fixing fishing quotas above zero)
Reference for a preliminary ruling – Common fisheries policy – Conservation of resources – Total allowable catches (TACs) applicable to stocks of cod in the West of Scotland and the Celtic Sea, whiting in the Irish Sea and plaice in the Celtic Sea South – Regulation (EU) 2020/123 – Annex IA – TACs above zero – Expiry of the period of application – Assessment of validity – Regulation (EU) No 1380/2013 – Article 2(2), second subparagraph – Objective of achieving a maximum sustainable yield (MSY) exploitation rate at the latest by 2020 for all stocks – Articles 2, 3, 9, 10, 15 and 16 – Socioeconomic and employment objectives – Best available scientific advice – Landing obligation – Mixed fisheries – ‘Choke species’ – Regulation (EU) 2019/472 – Articles 1 to 5, 8 and 10 – Target stocks – By-catches – Remedial measures – Discretion
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
Case C-361/22 Inditex v Buongiorno Myalert
Reference for a preliminary ruling – Trade marks – Directive 2008/95/EC – Article 6(1)(c) – Limitation of the effects of the trade mark – Use of a trade mark to indicate the intended purpose of a product or service – Directive (EU) 2015/2436 – Article 14(1)(c)
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-363/22 P Planistat Europe and Charlot v Commission
Appeal – Second paragraph of Article 340 TFEU – Non-contractual liability of the European Union – Regulation (EC) No 1073/1999 – Investigations conducted by the European Anti-Fraud Office (OLAF) – External investigation by OLAF – ‘Eurostat’ case – Forwarding by OLAF of information concerning matters liable to result in criminal proceedings to the national judicial authorities before the conclusion of the investigation – Filing of a complaint by the European Commission before the conclusion of the OLAF investigation – National criminal proceedings – Ruling that there is no need to adjudicate which has become final – Concept of a ‘sufficiently serious breach’ of a rule of EU law intended to confer rights on individuals – Material and non-material damage allegedly suffered by the appellants – Actions for damages
Language of the case: French
Case C-371/22 G v W (Early termination fees)
Reference for a preliminary ruling – Internal market in electricity – Directive 2009/72/EC – Article 3(5) and (7) – Consumer protection – Right to switch supplier – Non-household customer – Fixed-term, fixed-price electricity supply contract concluded with a small undertaking – Contractual penalty for early termination – National legislation limiting the amount of that penalty to the ‘costs and damages resulting from the contract’
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
Case C-433/22 Autoridade Tributária e Aduaneira v HPA - Construções
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Annex IV – Point 2 – Temporary provisions for particular labour-intensive services – Reduced rate of VAT applicable to the renovation and repairing of private dwellings – Definition of ‘private dwellings’
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-440/22 P Wizz Air Hungary v Commission
Appeal – State aid – Air transport – Romania – Rescue aid to TAROM – Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty – Decision of the European Commission not to raise objections on the ground that the measures constitute aid compatible with the internal market
Language of the case: English
Case C-473/22 Mylan v Gilead Sciences Finland and Others
Reference for a preliminary ruling – Intellectual and industrial property – Medicinal product for human use – Supplementary protection certificate (SPC) – Directive 2004/48/EC – Article 9(7) – Placing on the market of products infringing SPC rights – Provisional measures ordered on the basis of an SPC – Subsequent invalidity of the SPC and revocation of the measures – Consequences – Right to appropriate compensation for losses caused by the provisional measures – Liability of the applicant for those measures for losses caused by them – National legislation providing for strict liability
Request for a preliminary ruling from the Markkinaoikeus
Language of the case: Finnish
Case C-517/22 P Eurobolt and Others v Commission and Stafa Group
Appeal – Dumping – Extension of the anti-dumping duty imposed on imports of certain iron or steel fasteners originating in China to imports consigned from Malaysia – Compliance with the judgment of 3 July 2019, Eurobolt (C‑644/17, EU:C:2019:555) – Re-imposition of a definitive anti-dumping duty – Implementing Regulation (EU) 2020/611 – Validity
Language of the case: English
Case C-524/22 P Foz v Council
Appeal – Common foreign and security policy – Restrictive measures adopted against Syria – Measures directed against persons associated with persons and entities subject to restrictive measures – Lists of persons subject to the freezing of funds and economic resources – Proof that inclusion of the appellant’s name on those lists is well founded
Language of the case: English
Case C-537/22 Global Ink Trade v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Refusal of the right to deduct – Obligations of the taxable person – Duty of diligence – Burden of proof – Principles of fiscal neutrality and legal certainty – Primacy of EU law – Conflict between the case-law of a national court and EU law
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-755/22 Nárokuj v EC Financial Services
Reference for a preliminary ruling – Consumer protection – Directive 2008/48/EC – Credit agreements for consumers – Article 8 – Obligation of a creditor to check a consumer’s creditworthiness – Regularisation of a breach due to full performance of the credit agreement – Article 23 – Effective, proportionate and dissuasive penalties – Credit agreement void and creditor’s entitlement to payment of the agreed interest forfeited – No harmful consequences for the consumer – Holding creditors accountable and preventing irresponsible practices when granting credit to consumers
Request for a preliminary ruling from the Okresní soud Praha-západ
Language of the case: Czech
Case C-220/23 R. v Prezes Urzędu Regulacji Energetyki
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – State aid – Support for renewable energy – Obligation to supply electricity from renewable energy sources – Aid compatible with the internal market – Prior notification of the aid – Article 108(3) TFEU – Possibility of imposing a pecuniary penalty for a breach of the supply obligation that occurred before that notification
Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie
Language of the case: Polish
Case C-621/21 WS v Intervyuirasht organ na DAB pri MS (Women victims of domestic violence)
Reference for a preliminary ruling – Area of freedom, security and justice – Common asylum policy – Directive 2011/95/EU – Qualification for refugee status – Article 2(d) – Reasons for persecution – ‘Membership of a particular social group’ – Article 10(1)(d) – Acts of persecution – Article 9(1) and (2) – Link between the reasons for and acts of persecution or between the reasons for persecution and the absence of protection against such acts – Article 9(3) – Non-State actors – Article 6(c) – Qualification for subsidiary protection – Article 2(f) – ‘Serious harm’ – Article 15(a) and (b) – Assessment of applications for international protection for the purpose of granting refugee status or subsidiary protection status – Article 4 – Gender-based violence against women – Domestic violence – Threat of ‘honour killing’
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C-33/22 Österreichische Datenschutzbehörde v WK
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Article 16 TFEU – Regulation (EU) 2016/679 – Article 2(2)(a) – Scope – Exclusions – Activities which fall outside the scope of Union law – Article 4(2) TEU – Activities concerning national security – Committee of inquiry set up by the parliament of a Member State – Article 23(1)(a) and (h), Articles 51 and 55 of Regulation (EU) 2016/679 – Competence of the supervisory authority responsible for data protection – Article 77 – Right to lodge a complaint with a supervisory authority – Direct effect
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-128/21 Lietuvos notarų rūmai and Others v Lietuvos Respublikos konkurencijos taryba
Reference for a preliminary ruling – Competition – Article 101 TFEU – Concepts of ‘undertaking’ and ‘decisions of associations of undertakings’ – Decisions of the chamber of notaries of a Member State fixing the methods for calculating fees – Restriction ‘by object’ – Prohibition – Lack of justification – Fine – Imposition on the association of undertakings and its members – Perpetrator of the infringement
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-367/21 Hewlett Packard Development Company v Senetic
Reference for a preliminary ruling – Free movement of goods – Articles 34 and 36 TFEU – Intellectual property – EU trade mark – Regulation (EC) No 207/2009 – Article 13 – Regulation (EU) 2017/1001 – Article 15 – Exhaustion of the rights conferred by a trade mark – Placing on the market within the European Union or the European Economic Area (EEA) – Consent of the proprietor of the trade mark – Place of first marketing of goods by the proprietor of the trade mark or with his consent – Burden of proof
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
Case C-46/22 P Jenkinson v Council and Others
Appeal – Arbitration clause – Staff of international missions of the European Union – Consecutive fixed-term contracts – Claim that all the contractual relationships should be re-categorised as a ‘contract of indefinite duration’ – Claim for compensation for unfair dismissal – Actions for damages – Principle of non-discrimination – Principle of ne ultra petita – Obligation to state reasons – Distortion of national law – Costs
Language of the case: French
Case C-218/22 BU v Comune di Copertino
Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Article 7 – Article 31(2) of the Charter of Fundamental Rights of the European Union – Allowance in lieu of days of leave not taken at the end of the employment relationship – National legislation prohibiting payment of that allowance in the event of the voluntary resignation of a public servant – Control of public expenditure – Organisational needs of the public employer
Request for a preliminary ruling from the Tribunale di Lecce
Language of the case: Italian
Case C-227/22 IL v Regionalna direktsia ‘Avtomobilna administratsia’ Pleven
Reference for a preliminary ruling – Transport – Directive 2006/126/EC – Article 7(1) and (3) – Driving licences – Issue, validity and renewal – Physical and mental fitness for driving – Medical examinations – Frequency – Document certifying the psychological fitness of drivers
Request for a preliminary ruling from the Administrativen sad - Gabrovo
Language of the case: Bulgarian
Case C-303/22 CROSS Zlín v Úřad pro ochranu hospodářské soutěže
Reference for a preliminary ruling – Procedures for the review of the award of public supply and public works contracts – Directive 89/665/EEC – Access to review procedures – Articles 2(3) and 2a(2) – Obligation for Member States to provide for a review procedure with suspensive effect – Review body of first instance – Review relating to a contract award decision – Article 2(9) – Body responsible for review procedures of a non-judicial character – Conclusion of a public contract before lodging of a judicial action against a decision by that body – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection
Request for a preliminary ruling from the Krajský soud v Brně
Language of the case: Czech
Case C-451/22 RTL Nederland and RTL Nieuws v Minister van Infrastructuur en Waterstaat
Reference for a preliminary ruling – Aviation Transport – Regulation (EU) No 376/2014 – Follow-up of occurrences endangering aviation safety – Article 15 – Confidentiality of details relating to those occurrences – Scope of that confidentiality – Charter of Fundamental Rights of the European Union – Article 11 – Freedom of expression and of information – Freedom of the media – Request for disclosure of information on the downing of an aircraft flying over eastern Ukraine, made by undertakings operating in the media sector – Article 52(1) – Limitation – Conditions
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-531/22 Getin Noble Bank and Others v TL (Review by a national court of its own motion of unfair contractual terms)
Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 3(1) – Article 6(1) – Article 7(1) – Article 8 – Enforcement order which has acquired the force of res judicata – Power of the court to assess of its own motion whether a term is unfair when supervising enforcement proceedings – National register of standard business terms which are held to be unlawful – Terms which are linguistically different from those contained in that register, but which have the same meaning and the same effect
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy - Śródmieścia w Warszawie
Language of the case: Polish
Case C-562/22 JD v OB (Residence requirement)
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Restrictions – Acquisition of agricultural land in a Member State – Obligation for the acquirer to have the status of resident for more than five years
Request for a preliminary ruling from the Rayonen sad Burgas
Language of the case: Bulgarian
Case C-631/22 J.M.A.R v Ca Na Negreta
Reference for a preliminary ruling – Directive 2000/78/EC – Equal treatment in employment and occupation – Prohibition of discrimination on grounds of disability – Accident at work – Total permanent incapacity – Termination of the employment contract – Article 5 – Reasonable accommodation
Request for a preliminary ruling from the Tribunal Superior de Justicia de las Islas Baleares
Language of the case: Spanish
Case C-656/22 Askos Properties v Zamestnik izpalnitelen direktor na Darzhaven fond 'Zemedelie'
Reference for a preliminary ruling – Agriculture – Common agricultural policy (CAP) – European Agricultural Fund for Rural Development (EAFRD) – Rural development support measures – Regulation (EC) No 1974/2006 – Lease or letting agreement – Lease agreement concluded between a municipal authority and an aid beneficiary – Commitments over five years – Termination of the lease agreement further to a legislative amendment – Obligation to reimburse the aid received in part or in full – Not possible to adapt those commitments to a new situation for the holding – Definition of ‘force majeure’ and ‘exceptional circumstances’ – Definition of ‘expropriation of the holding’
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-785/22 P Eulex Kosovo v SC
Appeal – Judgment which is the object of an application before the General Court to have it set aside – Inadmissibility
Language of the case: English
Case C-791/22 G.A. v Hauptzollamt Braunschweig (Place where VAT is incurred - III)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 30, first subparagraph – Article 60 – Article 71(1) – Place of taxable transactions – Goods brought into the customs territory of the European Union in a first Member State in breach of customs rules and subsequently transported to a second Member State – Place where import VAT is incurred – National provision referring to EU customs legislation
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
Case C-687/21 BL v MediaMarktSaturn Hagen-Iserlohn
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Interpretation of Articles 5, 24, 32 and 82 – Assessment of the validity of Article 82 – Inadmissibility of the request for an assessment of validity – Right to compensation for damage caused by data processing which infringes that regulation – Transmission of data to an unauthorised third party on account of an error made by the employees of the controller – Assessment of the appropriateness of the protective measures implemented by the controller – Compensatory function fulfilled by the right to compensation – Effect of the severity of the infringement – Whether necessary to establish the existence of damage caused by that infringement – Concept of ‘non-material damage’
Request for a preliminary ruling from the Amtsgericht Hagen
Language of the case: German
Joined Cases C-810/21 to C-813/21 Caixabank and Others v WE and Others (Limitation period for the repayment of mortgage charges)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Charges arising from the formalisation of the mortgage loan agreement – Restitution of the sums paid under a term declared to be unfair – Starting point of the limitation period for an action for restitution
Requests for a preliminary ruling from the Audiencia Provincial de Barcelona
Language of the case: Spanish
Case C-58/22 Criminal proceedings against NR
Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 50 – Principle ne bis in idem – Criminal proceedings brought in rem – Order that no further action be taken adopted by a public prosecutor’s office – Admissibility of later criminal proceedings brought in personam in respect of the same facts – Conditions to be satisfied for it to be held that a person has been finally acquitted or convicted – Requirement for a detailed investigation – No interview of a potential witness – No interview of the person concerned as a ‘suspect’
Request for a preliminary ruling from the Curtea de Apel Craiova
Language of the case: Romanian
Case C-277/22 Global NRG v Magyar Energetikai és Közmű-szabályozási Hivatal
Reference for a preliminary ruling – Internal market in natural gas – Directive 2009/73/EC – Article 41(17) – Natural gas transmission system – National regulatory authority – Fixing of system usage charges and connection fees – Fixing of remuneration for any services provided by the system operator – Concept of ‘a party affected by a decision of a regulatory authority’ – Appeal against that decision – Right to an effective remedy – Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-334/22 Audi v GQ (Mounting element for emblem on a radiator grille)
Reference for a preliminary ruling – EU trade mark – Regulation (EU) 2017/1001 – Article 9(2) and (3)(a) to (c) – Right conferred by an EU trade mark – Concept of ‘using in the course of trade any sign’ – Article 14(1)(c) – Limitations on the effects of an EU trade mark – Right of the proprietor of an EU trade mark to oppose the use by a third party of a sign identical with, or similar to, the trade mark for motor vehicle spare parts – Component of a radiator grille designed for the attachment of an emblem representing the trade mark of a motor vehicle manufacturer
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
Case C-390/22 Obshtina Pomorie v 'ANHIALO AVTO'
Reference for a preliminary ruling – Transport – Regulation (EC) No 1370/2007 – Public passenger transport services by rail and by road – Public service contracts – Public service obligations – Public service compensation – Article 4(1)(b) – Mandatory content of public service contracts – Parameters for calculating public service compensation – Determination of prior, objective and transparent parameters – Absence of competitive tendering procedure – Application of the rules for calculating compensation contained in the annex to Regulation (EC) No 1370/2007 – Conditions laid down by national legislation for the payment of compensation – Determination of the amount of compensation in the law approving the State budget for the year concerned and payment of that amount to the competent national authority – Setting parameters for calculating compensation by reference to general rules
Request for a preliminary ruling from the Okrazhen sad - Burgas
Language of the case: Bulgarian
Case C-438/22 Em akaunt BG v Zastrahovatelno aktsionerno druzhestvo Armeets
Reference for a preliminary ruling – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Setting of minimum fee amounts by a lawyers’ professional organisation – Decision by an association of undertakings – Court prohibited from ordering reimbursement of fees in an amount less than those minimum amounts – Restriction of competition – Justifications – Legitimate objectives – Quality of the services provided by the lawyers – Implementation of the judgment of 23 November 2017, CHEZ Elektro Bulgaria and FrontEx International (C‑427/16 and C‑428/16, EU:C:2017:890) – Whether the Wouters case-law may be relied on in a situation involving a restriction of competition by object
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
Case C-474/22 Laudamotion v Flightright (Decision not to take a delayed flight)
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 3(2)(a) – Article 5(1) – Article 7(1) – Compensation for air passengers in the event of long delay of flights – Requirement to present oneself for check-in in good time
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-481/22 Commission v Ireland (Trihalomethanes in drinking water )
Failure of a Member State to fulfil obligations – Directive 98/83/EC – Quality of water intended for human consumption – Article 4(1) – Obligation on Member States to take the measures necessary to ensure that water intended for human consumption is wholesome and clean – Annex I, Part B – Exceedance of limit values for concentrations of trihalomethanes in drinking water – Article 8(2) – Obligation on Member States to take the necessary remedial action as soon as possible to restore the quality of the water and to give priority to their enforcement action
Language of the case: English
Case C-722/22 Proceedings brought by Sofiyski gradski sad
Reference for a preliminary ruling – Area of freedom, justice and security – Judicial cooperation in criminal matters – Framework Decision 2005/212/JHA – Confiscation of crime-related proceeds, instrumentalities and property – Third indent of Article 1 – Concept of ‘instrumentality’ – Article 2(1) – Obligation for Member States to take measures to enable the confiscation of instrumentalities from criminal offences – Vehicle used to transport excise goods without a tax marking in breach of the law
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
Case C-54/23 WY v Laudamotion and Ryanair
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(1) – Article 7(1) – Compensation for air passengers in the event of a long delay to a flight – Loss of time – Replacement flight booked by the passenger – Passenger arriving at the final destination less than three hours later than the original scheduled arrival time – No compensation
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-560/20 CR and Others v Landeshauptmann von Wien (Family reunification with a minor refugee)
Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Right to family reunification – Directive 2003/86/EC – Article 10(3)(a) – Family reunification of an unaccompanied minor refugee with his or her first-degree relatives in the direct ascending line – Article 2(f) – Concept of ‘unaccompanied minor’ – Minor sponsor at the time of submission of the application but who attained majority during the family reunification procedure – Relevant date for assessing minor status – Period for submitting an application for family reunification – Adult sister of the sponsor requiring the permanent assistance of her parents on account of a serious illness – Effectiveness of the right to family reunification of an unaccompanied minor refugee – Article 7(1) – Article 12(1), first and third subparagraphs – Possibility of making family reunification subject to additional conditions
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
Case C-255/21 Reti Televisive Italiane v Autorità per le Garanzie nelle Comunicazioni
Reference for a preliminary ruling – Directive 2010/13/EU – Audiovisual media services – Article 23(1) and (2) – Limits on the hourly broadcasting time for television advertising – Exceptions – Concept of ‘announcements made by the broadcaster in connection with its own programmes’ – Announcements made by such an organisation in order to promote broadcasts of a radio station belonging to the same broadcasting group as that broadcaster
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-118/22 NG v Direktor na Glavna direktsia ‘Natsionalna politsia’ pri MVR – Sofia
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data for the purpose of combating crime – Directive (EU) 2016/680 – Article 4(1)(c) and (e) – Data minimisation – Limitation of storage – Article 5 – Appropriate time limits for erasure or for a periodic review of the need for the storage – Article 10 – Processing of biometric and genetic data – Strict necessity – Article 16(2) and (3) – Right to erasure – Restriction of processing – Article 52(1) of the Charter of Fundamental Rights of the European Union – Natural person convicted by final judgment and subsequently legally rehabilitated – Storage of data until death – No right to erasure or restriction of processing – Proportionality
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-442/22 P v Dyrektor Izby Administracji Skarbowej w Lublinie ( Fraud by an employee)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 203 – Obligation to pay – Person who enters VAT on an invoice – Person liable to pay VAT – Fake invoices issued by an employee including the employer’s details without its knowledge or consent – Employer due diligence
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-471/22 Agentsia 'Patna infrastruktura' v Rakovoditel na Upravlyavashtia organ na Operativna programa 'Transport' 2007-2013 (European funding of road infrastructure)
Reference for a preliminary ruling – European Union Cohesion Funds – Regulation (EC) No 1083/2006 – Articles 99 and 101 – Financial corrections in connection with detected irregularities – Regulation (EU) 2021/1060 – Article 104 – Financial corrections made by the Commission – Commission decision annulling in part a contribution from that fund – Validity – Charter of Fundamental Rights of the European Union – Article 41 – Right to good administration – Article 47, first paragraph – Right to an effective remedy before a tribunal
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Information (on unpublished decisions)
Case C-75/23 Criminal proceedings against M.A.sr and Others
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Acte éclairé – Identical questions – Protection of the financial interests of the European Union – Article 325(1) TFEU – PFI Convention – Article 2(1) – Obligation to counter fraud affecting the financial interests of the European Union by taking effective deterrent measures – Obligation to provide for criminal penalties – Value added tax (VAT) – Directive 2006/112/EC – Serious VAT fraud – Limitation period for criminal liability – Judgment of a constitutional court which had invalidated a national provision governing the reasons for interrupting that period – Systemic risk of impunity – Protection of fundamental rights – Article 49(1) of the Charter of Fundamental Rights of the European Union – Principle that offences and penalties must be defined by law – Requirements of foreseeability and precision of criminal law – Principle of the retroactive application of the more lenient criminal law (lex mitior) – Principle of legal certainty – National standard of protection of fundamental rights – Duty on the courts of a Member State to disapply judgments of the constitutional court and/or the supreme court of that Member State in the event that they are incompatible with EU law – Disciplinary liability of judges in the event of non-compliance with those judgments – Principle of the primacy of EU law
Case C-338/23 Criminal proceedings against M.S.S. and Others
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Interpretation of national law – Manifest lack of jurisdiction – Requirement to set out the legislative context of the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling – Lack of sufficient information – Manifest inadmissibility
Case C-387/23 ZD 'BUL INS' v PV
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to provide reasons justifying the need for an answer from the Court – Lack of sufficient information – Manifest inadmissibility
Case C-611/23 P Yayla Türk v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-754/22 P OG and Others v Commission
Appeal – Delegated Regulation (EU) 2021/2288 and Delegated Regulation (EU) 2022/503 – Regulation (EU) 2021/953 – EU Digital COVID Certificate – Freedom of movement of persons – Restrictions – Action for annulment – Inadmissibility – Article 181 of the Rules of Procedure of the Court of Justice – Appeal manifestly unfounded
Case C-111/22 P Hamers v Cedefop
Appeal – Civil service – Official – Investigation by the European Anti-Fraud Office (OLAF) – National criminal proceedings – National decision to acquit the appellant – Damage allegedly sustained as a result of the unlawful conduct of the European Centre for the Development of Vocational Training (Cedefop) during the national criminal proceedings – Rejection of the claim for damages brought by the appellant – Action for annulment and for damages – Article 41(1) of the Charter of Fundamental Rights of the European Union – Requirement of impartiality – Conflict of interests – Article 48(1) of the Charter of Fundamental Rights – Presumption of innocence – Principle of sincere cooperation – Annulment of the contested decision in part
Case C-634/23 P(I) BonSens.org v Commission
Appeal – Intervention – Access to documents – Regulation (EC) No 1049/2001 – Correspondence between the President of the European Commission and the chief executive officer of an undertaking – Refusal to grant access – Action for annulment – Interest in the result of the case – Association party to proceedings before national courts
Case C-647/23 P(I) EISi v Commission
Case C-488/23 mBank v KŁ and JŁ
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Unfair terms in consumer contracts – Directive 93/13/EEC – Article 6(1) and Article 7(1) – Mortgage loan agreement indexed to a foreign currency – Effects of the annulment of that agreement in its entirety – Judicial adjustment of the payment corresponding to the capital made available
Case C-575/22 P-REV Hochmann Marketing v EUIPO
Application for revision – Article 159 of the Rules of Procedure of the Court – Application regarding an order made pursuant to Article 170a(3) of the Rules of Procedure – Conditions – No unknown earlier facts – Manifest inadmissibility
Case C-500/23 P Groupe Canal+ v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-389/22 GC and Others v Croce Rossa Italiana and Others
Reference for a preliminary ruling – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Exceptions to that obligation – Criteria – Situations in which the correct interpretation of EU law is so obvious as to leave no scope for any reasonable doubt – Condition related to the national court or tribunal of last instance being convinced that the matter would be equally obvious to the other courts or tribunals of last instance of the Member States and to the Court of Justice – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 2 and 3 – Concept of ‘fixed-term worker’ – Members of the military corps of the Italian Red Cross – Clause 5 – Measures seeking to prevent and, where relevant, punish abuse arising from the use of successive fixed-term employment contracts or relationships – Conversion of the status of ‘fixed-term workers’ into that of ‘permanent workers’ – Clause 4 – Principle of non-discrimination
Case C-553/23 P CEDC International v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-580/22 P bonnanwalt v EUIPO
Appeal – EU trade mark – Invalidity proceedings – Word mark tagesschau – Partial revocation – Representation by a lawyer – Independence requirement
Case C-522/23 P NO v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – State aid – Obligation imposed on a solicitor to transfer fees to a competitor – Decision of the European Commission finding that the measure in question does not constitute State aid – Action for annulment in part manifestly inadmissible and in part manifestly unfounded – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-614/23 P Schneider v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170(b) of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
February 2024
Case C-251/22 P Scania and Others v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Truck market – Decision finding an infringement of Article 101 TFEU and of Article 53 of the Agreement on the European Economic Area (EEA) – Agreements and concerted practices in relation to the prices of trucks, the timing for the introduction of emission technologies required by Euro 3 to Euro 6 standards and the passing on of the costs of those technologies to customers – Single and continuous infringement – Geographic scope of that infringement – ‘Hybrid procedure’ leading successively to the adoption of a settlement decision and a decision at the end of a standard procedure – Article 41 of the Charter of Fundamental Rights of the European Union – Right to good administration – Impartiality of the European Commission – Assessment of the geographic scope of a concerted practice – Relevant evidence – Classification of a series of acts as a ‘single and continuous infringement’ – Regulation (EC) No 1/2003 – Article 25 – Power of the Commission to impose a fine – Limitation
Language of the case: English
Case C-750/21 P Pilatus Bank v ECB
Appeal – Economic and monetary policy – Prudential supervision of credit institutions – Tasks of the European Central Bank (ECB) – Regulation (EU) No 1024/2013 – Article 6(5)(b) – Supervision of a credit institution directly by the ECB – Conditions – Action for annulment – Inadmissibility – Representation of a party – Authority to act granted to the lawyer – Representative not lawfully provided with authority to act
Language of the case: English
Case C-216/22 A. A. v Bundesrepublik Deutschland (Admissibility of a subsequent application)
Reference for a preliminary ruling – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 33(2)(d) and Article 40(2) and (3) – Subsequent application – Conditions for rejecting such an application as inadmissible – Concept of ‘new elements or findings’ – Judgment of the Court on a question of interpretation of EU law – Article 46 – Right to an effective remedy – Jurisdiction of the national court or tribunal to rule on such an application on the merits in the event of illegality of the decision rejecting an application as inadmissible – Procedural safeguards – Article 14(2)
Request for a preliminary ruling from the Verwaltungsgericht Sigmaringen
Language of the case: German
Case C-566/22 Inkreal v Dúha reality
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Scope – Article 25 – Agreement conferring jurisdiction – Parties to a contract established in the same Member State – Jurisdiction of the courts of another Member State to settle disputes arising from that contract – International element
Request for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
Case C-733/22 Direktor na Direktsia ‘Obzhalvane i danachno-osiguritelna praktika’ – Sofia pri Tsentralno upravlenie na NAP v Valentina Heights
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 98 – Option for the Member States to apply a reduced rate of VAT to certain supplies of goods and services – Annex III, point 12 – Reduced rate of VAT applicable to accommodation provided in hotels and similar establishments – Application of that rate only to accommodation facilities with a categorisation certificate – Principle of fiscal neutrality
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-715/20 K.L. v X (Lack of reasons for termination)
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Difference in treatment in the event of dismissal – Termination of a fixed-term employment contract – No obligation to state the reasons for termination – Judicial review – Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Sąd Rejonowy dla Krakowa - Nowej Huty w Krakowie
Language of the case: Polish
Case C-283/21 VA v Deutsche Rentenversicherung Bund
Reference for a preliminary ruling – Social security for migrant workers – Regulation (EC) No 987/2009 – Article 44(2) – Scope – Pension for total incapacity for work – Calculation – Taking into account of child-raising periods completed in another Member State – Applicability – Article 21 TFEU – Free movement of citizens – Sufficient link between those child-raising periods and the periods of insurance completed in the Member State responsible for payment of the pension
Request for a preliminary ruling from the Landessozialgericht Nordrhein-Westfalen
Language of the case: German
Case C-491/21 WA v Direcţia pentru Evidenţa Persoanelor şi Administrarea Bazelor de Date din Ministerul Afacerilor Interne
Reference for a preliminary ruling – Citizenship of the Union – Article 21(1) TFEU – Right to move and reside freely within the territory of the Member States – Article 45 of the Charter of Fundamental Rights of the European Union – Directive 2004/38/EC – Article 4 – Issuance of an identity card – Requirement of domicile in the Member State issuing the document – Refusal by the authorities of that Member State to issue an identity card to one of its nationals domiciled in another Member State – Equal treatment – Restrictions – Justification
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
Joined Cases C-701/21 P and C-739/21 P Mytilinaios v DEI and Commission and Commission v DEI
Appeal – State aid – Article 107 TFEU – Concept of ‘aid’ – Advantage – Private investor test – Arbitration award setting reduced electricity tariffs – Whether the arbitration award can be imputed to the State – Regulation (EU) 2015/1589 – Article 4(2) – Decision that the measure does not constitute aid
Language of the case: Greek
Case C-54/22 P Romania v Commission
Appeal – Law governing the institutions – European Citizens’ Initiative – Regulation (EU) No 211/2011 – Registration of a proposed citizens’ initiative – Article 4(2)(b) – Proposed citizens’ initiative not falling manifestly outside the framework of the European Commission’s powers to submit a proposal for a legal act of the European Union for the purpose of implementing the Treaties – Burden of proof – Power of the Commission to proceed with partial registration
Language of the case: Romanian
Joined Cases C-59/22, C-110/22 and C-159/22 MP and Others v Consejería de Presidencia, Justicia e Interior de la Comunidad de Madrid and Others
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Fixed-term employment contracts in the public sector – Staff having non-permanent contracts of indefinite duration – Clauses 2 and 3 – Scope – Concept of ‘fixed-term worker’ – Clause 5 – Measures to prevent and penalise the abuse of successive fixed-term employment contracts or relationships – Equivalent legal measures
Requests for a preliminary ruling from the Tribunal Superior de Justicia de Madrid
Language of the case: Spanish
Case C-311/22 Anklagemyndigheden v PO and Moesgaard Meat 2012
Reference for a preliminary ruling – Environment – Directive 2010/75/EU – Integrated pollution prevention and control – Article 10 – Annex I, point 6.4(a) – Operating slaughterhouses with a carcass production capacity greater than 50 tonnes per day – Concepts of ‘carcass’ and ‘production capacity per day’ – Slaughterhouse without a permit – Actual production must be taken into account
Request for a preliminary ruling from the Højesteret
Language of the case: Danish
Case C-589/22 J.L.O.G. and J.J.O.P. v Resorts Mallorca Hotels International
Reference for a preliminary ruling – Social policy – Collective redundancies – Directive No 98/59/EC – Paragraph 2(1) – Point at which the obligation to provide information and hold consultations arises – Number of actual or projected redundancies – Article 1(1) – Voluntary terminations of employment contracts before redundancies – Method for calculating the number of redundancies
Request for a preliminary ruling from the Tribunal Superior de Justicia de las Islas Baleares
Language of the case: Spanish
Case C-649/22 XXX v Randstad Empleo and Others
Reference for a preliminary ruling – Social policy – Directive No 2008/104/EC – Temporary agency work – Article 5(1) – Principle of equal treatment – Article 3(1)(f) – Concept of ‘basic working and employment conditions applicable to temporary agency workers’ – Concept of ‘pay’ – Compensation payable in respect of the total permanent incapacity of a temporary agency worker to carry out his or her usual occupation as a result of an accident at work which occurred during his or her assignment
Request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco
Language of the case: Spanish
Case C-660/22 Ente Cambiano società cooperativa per azioni v Agenzia delle Entrate
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Directive 2008/7/EC – Cooperative credit banks having net assets above a certain threshold – National legislation obliging those banks to pay an amount equal to 20 % of those net assets in order to transfer their banking business to a public limited company in exchange for securities of that company – Article 94(c) of the Rules of Procedure of the Court of Justice – Requirement to provide reasons justifying the need for an answer from the Court – Purely internal situation – Inadmissibility
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-661/22 ABC Projektai v Lietuvos bankas
Reference for a preliminary ruling – Payment services in the internal market – Directive (EU) 2015/2366 – Article 4(3) and (5) – Payment service or payment transaction – Directive 2009/110/EC – Article 2(2) – Issuance of electronic money – Holding of customer funds by a payment institution without a specific payment order – Classification
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-674/22 Gemeente Dinkelland v Ontvanger van de Belastingdienst/Grote ondernemingen, kantoor Zwolle
Reference for a preliminary ruling – Taxes levied in breach of EU law – Obligation to refund value added tax (VAT) and to pay interest on that amount – Refund resulting from errors made in the taxable person’s accounts – Refund resulting from the retroactive amendment of the detailed rules for calculating the deductible VAT relating to the taxable person’s general costs
Request for a preliminary ruling from the Rechtbank Gelderland
Language of the case: Dutch
Case C-694/22 Commission v Malta (Taxation of second-hand vehicles)
Failure of a Member State to fulfil obligations – Article 110 TFEU – Annual circulation tax – Higher taxation of imported second-hand vehicles than of similar vehicles already on the domestic market
Language of the case: English
Case C-745/22 Micreos Food Safety v EFET
Reference for a preliminary ruling – Food safety – Specific hygiene rules for food of animal origin – Regulation (EC) No 853/2004 – Article 3(2) – Substance intended to remove surface contamination from products of animal origin – Definition – Contamination by the pathogenic bacterium Listeria monocytogenes – Substance intended to prevent surface contamination from products of animal origin and applied outside of slaughterhouses during the final stages of the production process – Placing on the market – Prior approval by the European Commission
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
Case C-81/23 MA v FCA Italy and FPT Industrial
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Point 2 of Article 7 – Special jurisdiction in tort, delict or quasi-delict – Place where the damage occurred – Use on a vehicle of a defeat device that reduces the effectiveness of emission control systems – Contract for the sale of that vehicle concluded in a Member State other than the State in which the purchaser is domiciled and in which the manufacturer has its seat – Delivery of that vehicle and normal use of it in the Member State in which the purchaser is domiciled
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-85/23 Landkreis Jerichower Land v A.
Reference for a preliminary ruling – Public health – Health rules applicable to animal by-products and derived products not intended for human consumption – Regulation (EC) No 1069/2009 – Approval – Article 24(1)(i) – Concept of ‘storage of animal by-products’ – Interruption of a transport operation for up to eight hours
Request for a preliminary ruling from the Oberverwaltungsgericht des Landes Sachsen-Anhalt
Language of the case: German
Case C-125/23 Association Unedic v V and Others
Reference for a preliminary ruling – Social policy – Protection of employees in the event of the insolvency of their employer – Directive 2008/94/EC – Employees’ outstanding salary claims resulting from contracts of employment or employment relationships taken over by guarantee institutions – Exclusion in the event of a declaration terminating the employment contract by the employee
Request for a preliminary ruling from the Cour d'appel d'Aix-en-Provence
Language of the case: French
Case C-382/21 P EUIPO v The KaiKai Company Jaeger Wichmann
Appeal – Intellectual property – Community designs – Patent Cooperation Treaty (PCT) – Agreement on Trade-Related Aspects of Intellectual Property Rights – Paris Convention for the Protection of Industrial Property – Article 4 – Regulation (EC) No 6/2002 – Article 41 – Application for registration of a Community design – Right of priority – Priority claim based on an international application filed under the PCT – Time period – Interpretation consistent with Article 4 of that convention – Limits
Language of the case: German
Case C-606/21 Doctipharma v UDGPO and Pictime Coreyre
Reference for a preliminary ruling – Medicinal products for human use – Directive 2001/83/EC – Article 85c – Scope – Distance selling to the general public of medicinal products – Medicinal products for human use not subject to compulsory medical prescription – Persons authorised or entitled to engage in distance selling to the general public of medicinal products – Power of the Member States to impose conditions, justified by the protection of public health, on the retailing, on their territory, of medicinal products sold online – Information society services – Directive 98/34/EC – Directive (EU) 2015/1535 – Service connecting pharmacists and customers for the online sale of medicinal products
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
Case C-222/22 Bundesamt für Fremdenwesen und Asyl v JF (Subsequent religious conversion)
Reference for a preliminary ruling – Area of freedom, security and justice – Asylum policy – Directive 2011/95/EU – Standards for the qualification as beneficiaries of international protection – Content of that protection – Article 5 – International protection needs arising sur place – Subsequent application for recognition of refugee status – Article 5(3) – Concept of ‘circumstances which the applicant has created by his or her own decision since leaving the country of origin’ – Abusive intent and abuse of the applicable procedure – Activities in the host Member State not constituting the expression and continuation of convictions or orientations held in the country of origin – Religious conversion
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-299/22 M. D. v Tez Tour
Reference for a preliminary ruling – Package travel and linked services – Directive (EU) 2015/2302 – Article 12(2) – Right of a traveller to terminate a package travel contract without paying a termination fee – Unavoidable and extraordinary circumstances – Spread of COVID-19 – No official recommendation against travel – Consideration of personal circumstances relating to the individual situation of the traveller concerned – Consequences significantly affecting the performance of the package or the carriage of passengers to the destination – Circumstances existing or foreseeable on the date of conclusion of the package travel contract concerned – Possibility of taking into account consequences occurring at the place of departure or return as well as at other places
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-314/22 Consortium Remi Group v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Derogation provided for in Article 90(2) – Taxable amount – Reduction of the taxable amount – Total or partial non-payment of the price – Limitation period regarding applications for a subsequent reduction in the taxable amount of VAT – Date from which the limitation period begins to run – Taxable person’s entitlement to interest
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-392/22 X v Staatssecretaris van Justitie en Veiligheid (Mutual trust in the event of transfer)
Reference for a preliminary ruling – Common policy on asylum and immigration – Application for international protection – Charter of Fundamental Rights of the European Union – Article 4 – Risks of inhuman or degrading treatment – Criteria and mechanisms for determining the Member State responsible for examining the application for international protection – Regulation (EU) No 604/2013 – Article 3(2) – Scope of the obligations of the Member State which has sought to have the applicant taken back by the Member State responsible and wishes to transfer the applicant to the latter Member State – Principle of mutual trust – Evidence and standard of proof of the real risk of inhuman or degrading treatment, resulting from systemic flaws – Practices of pushback to a third country and detention at border control posts
Request for a preliminary ruling from the rechtbank Den Haag, zittingsplaats 's-Hertogenbosch
Language of the case: Dutch
Case C-437/22 R.M. and E.M. v Eesti Vabariik (Põllumajanduse Registrite ja Informatsiooni Amet)
Reference for a preliminary ruling – Agriculture – Common agricultural policy – Support for rural development by the European Agricultural Fund for Rural Development (EAFRD) – Protection of the financial interests of the European Union – Regulation (EC, Euratom) No 2988/95 – Article 7 – Administrative measures and penalties – Regulation No 1306/2013 – Articles 54 and 56 – Delegated Regulation (EU) No 640/2014 – Article 35 – Recovery of sums unduly paid to persons who have taken part in the irregularity – Concept of ‘beneficiary’
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
Case C-466/22 V.B. Trade v Direktor na Direktsia 'Obzhalvane i danachno-osiguritelna praktika' – Veliko Tarnovo
Reference for a preliminary ruling – Internal market – Electronic identification and trust services for electronic transactions – Regulation (EU) No 910/2014 – Article 25 – Electronic signatures – Legal effect and evidential value in legal proceedings – Concept of ‘qualified electronic signature’
Request for a preliminary ruling from the Administrativen sad Veliko Tarnovo
Language of the case: Bulgarian
Case C-549/22 X v Raad van bestuur van de Sociale verzekeringsbank (Transfer of survivors' benefits)
Reference for a preliminary ruling – EC-Algeria Association Agreement – Social security for Algerian migrant workers and their survivors – Transfer of benefits to Algeria at the rates applied by virtue of the legislation of the debtor Member State – Survivors’ benefit – National legislation applying the country-of-residence principle – Residence clause involving a reduction in the amount of survivors’ benefit for recipients residing in Algeria
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
Case C-584/22 QM v Kiwi Tours
Reference for a preliminary ruling – Package travel and linked services – Directive (EU) 2015/2302 – Article 12(2) – Right of a traveller to terminate a package travel contract without paying a termination fee – Unavoidable and extraordinary circumstances – Spread of COVID-19 – Consequences significantly affecting the performance of the package or the carriage of passengers to the destination – Foreseeability of the occurrence of those consequences at the date of the declaration of termination – Events occurring after the termination date but before the start of the package
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-676/22 B2 Energy v Odvolací finanční ředitelství
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 138(1) – Exemption in respect of intra-Community supplies of goods – Refusal to grant the exemption – Evidence – Supplier of goods not proving delivery of the goods to the recipient indicated in the tax documents – Supplier submitting other information proving that the actual recipient has the status of taxable person
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-724/22 Investcapital v G.H.R.
Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Principle of effectiveness of EU law – Revolving credit agreement – Order for payment procedure – Review of the court’s own motion of whether contractual terms are unfair in the course of that procedure – Enforcement of the procedural decision terminating that procedure – Loss, due to a time-bar, of the possibility of raising the unfairness of a contractual term at the stage of enforcement of the order for payment – Power of review of the national court
Request for a preliminary ruling from the Juzgado de Primera Instancia de León
Language of the case: Spanish
Case C-11/23 Eventmedia Soluciones v Air Europa Líneas Aéreas
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(1) and (3) – Article 7(1) – Compensation to air passengers in the event of cancellation of flights – Nature and basis of the right to compensation – Transfer to a company of the passengers’ claim against the air carrier – Contractual clause that prohibits such a transfer – Article 15 – Exclusion of waiver
Request for a preliminary ruling from the Juzgado de lo Mercantil de Palma de Mallorca
Language of the case: Spanish
Case C-13/23 cdVet Naturprodukte v LA-VES
Reference for a preliminary ruling – Food safety – Feed additives – Regulation (EC) No 1831/2003 – Authorisation procedure – Ban on placing on the market without authorisation – Status of existing products – Validity in the light of the Charter of Fundamental Rights of the European Union – Freedom to conduct a business – Right to property – Principle of proportionality – Implementing Regulation (EU) 2021/758 – Withdrawal from the market of grapefruit extract – Feedingstuffs containing grapefruit seed and grapefruit peel extract
Request for a preliminary ruling from the Verwaltungsgericht Osnabrück
Language of the case: German
Information (on unpublished decisions)
Case C-597/23 P Apart v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-598/23 P Apart v EUIPO
Appeal – EU trade mark – Cancellation proceedings – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-604/23 P(R) Mylan Ireland v Commission
Appeal – Interim relief – Medicinal product for human use – Marketing authorisation – Extension of the marketing protection period – No urgency
Case C-607/23 P(R) Neuraxpharm Pharmaceuticals v Commission
Appeal – Interim relief – Medicinal product for human use – Marketing authorisation – Extension of the marketing protection period – No urgency
Case C-608/23 P(R) Zakłady Farmaceutyczne Polpharma v Commission
Appeal – Interim relief – Medicinal product for human use – Marketing authorisation – Extension of the marketing protection period – No urgency
Case C-609/23 P(R) Zentiva and Zentiva Pharma v Commission
Appeal – Interim relief – Medicinal product for human use – Marketing authorisation – Extension of the marketing protection period – No urgency
Case C-377/23 DC v Autoridade Tributária e Aduaneira
Case C-399/23 MB v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Vehicle tax – Second-hand vehicles from other Member States – Percentage reductions linked to depreciation – Calculation on the basis of a cubic capacity component and an environmental component – Application of different reduction percentages to each component of the tax
Case C-425/23 Proceedings brought by Profi Credit Bulgaria and Others
Case C-498/23 P AL v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Official – Remuneration – Investigation of the European Anti-Fraud Office (OLAF) – Family allowances – Dependent child allowances – Article 2(4) of Annex VII to the Staff Regulations of Officials of the European Union – Person treated as a dependent child – Person whom the official has a legal responsibility to maintain and whose maintenance involves heavy expenditure – Conditions for granting – Withdrawal of entitlement to the allowance – Recovery of overpaid sums under Article 85 of the Staff Regulations – Action for annulment – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-691/23 P Groz-Beckert v EUIPO
Case C-162/20 P-DEP WV v EEAS
Taxation of costs
Case C-171/20 P-DEP EEAS v WV
Taxation of costs
Case C-172/20 P-DEP EEAS v WV
Taxation of costs
Case C-514/22 P Tirrenia di navigazione v Commission
Case C-515/22 P Tirrenia di navigazione v Commission
Joined Cases C-449/23 and C-450/23 OR and Others v Getin Noble Bank
Case C-651/23 P Balaban v EUIPO
Case C-34/23 RF v Getin Noble Bank
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Recovery and resolution of credit institutions – Power to restrict the enforcement of security interests – Provision for interpretation bearing no relation to the purpose of the main action – Manifest inadmissibility
Case C-384/23 P Clínicas Dental Arquimbau and Others v Juzgado de lo Mercantil nº 9
Case C-707/23 P Breville v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-797/22 P Greece v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – State aid – Activities linked to the production, processing and marketing of agricultural products – Damage caused by fires – State aid schemes established by the Hellenic Republic in the form of interest subsidies and State guarantees – Decision declaring the aid schemes unlawful and incompatible with the internal market – Aid limited to affected geographical areas – Economic advantage – Selective nature – Order for recovery of the aid – Exceptional circumstances – Proportionality
Case C-679/22 Commission v Ireland (Audiovisual media services)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2018/1808 – Provision of audiovisual media services – Failure to transpose and to communicate transposition measures – Article 260(3) TFEU – Application for an order to pay a lump sum and a penalty payment
Case C-688/22 P Methanol Holdings (Trinidad) v Commission
Appeal – Dumping – Implementing Regulation (EU) 2019/1688 – Imports of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States of America – Definitive anti-dumping duty – Regulation (EU) 2016/1036 – Definitive collection of the provisional duties – Hierarchy between the calculation methods – Calculation of the undercutting margin
Case C-95/23 P Euranimi v Commission
Appeal – Dumping – Imports of stainless steel cold-rolled flat products originating in China and Taiwan – Definitive anti-dumping duties – Action for annulment – Association representing the interests of importers – Regulatory act entailing implementing measures
March 2024
Case C-234/21 Défense Active des Amateurs d’Armes and Others v Conseil des ministres
Reference for a preliminary ruling – Approximation of laws – Directive 91/477/EEC – Control of the acquisition and possession of weapons – Firearms prohibited or subject to authorisation – Semi-automatic firearms – Directive 91/477, as amended by Directive (EU) 2017/853 – Article 7(4a) – Power of Member States to confirm, renew or prolong authorisations – Presumed impossibility of using that power in respect of semi-automatic firearms converted to fire blanks or into salute or acoustic weapons – Validity – Article 17(1) and Articles 20 and 21 of the Charter of Fundamental Rights of the European Union – Principle of the protection of legitimate expectations
Request for a preliminary ruling from the Cour constitutionnelle
Language of the case: French
Case C-588/21 P Public.Resource.Org and Right to Know v Commission and Others
Appeal – Access to documents of the institutions of the European Union – Regulation (EC) No 1049/2001 – Article 4(2) – Exceptions – Refusal to grant access to a document whose disclosure would undermine the protection of commercial interests of a natural or legal person, including intellectual property – Overriding public interest in disclosure – Harmonised standards adopted by the European Committee for Standardisation (CEN) – Protection deriving from copyright – Principle of the rule of law – Principle of transparency – Principle of openness – Principle of good governance
Language of the case: English
Case C-755/21 P Kočner v Europol
Appeal – Law enforcement cooperation – Regulation (EU) 2016/794 – Article 49(3) and Article 50 – Protection of personal data – Unlawful data processing – Criminal proceedings brought in Slovakia against the appellant – Expert’s report drawn up by the European Union Agency for Law Enforcement Cooperation (Europol) for the purposes of the investigation – Retrieval of data from a mobile phone and a USB storage device belonging to the appellant – Disclosure of those data – Non-material damage – Actions for damages – Nature of non-contractual liability
Language of the case: Slovak
Case C-234/22 Roheline Kogukond and Others v Keskkonnaagentuur
Reference for a preliminary ruling – Environment – Aarhus Convention – Directive 2003/4/EC – Right of access to environmental information – Exceptions – Data relating to the location of permanent sample plots used to draw up a forest inventory
Request for a preliminary ruling from the Tallinna Halduskohus
Language of the case: Estonian
Case C-341/22 Feudi di San Gregorio Aziende Agricole v Agenzia delle Entrate
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Right to deduct VAT – Concept of taxable person – Principle of fiscal neutrality – Principle of proportionality – Non-operating company – National legislation denying the right of deduction, refund or offsetting of input VAT
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-479/22 P OC v Commission
Appeal – Actions for damages – Non-contractual liability of the European Union – Alleged unlawful conduct of the European Anti-Fraud Office (OLAF) – Press release from OLAF – Protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies – Regulation (EU) 2018/1725 – Article 3, point 1 – Concepts of ‘personal data’ and of ‘identifiable natural person’ – Investigations conducted by OLAF – Regulation (EU, Euratom) No 883/2013 – Presumption of innocence – Right to good administration
Language of the case: Greek
Case C-558/22 ARERA v Fallimento Esperia and GSE
Reference for a preliminary ruling – National support scheme providing for the award of tradable green certificates to national producers of electricity from renewable energy sources – Import of electricity produced from renewable energy sources in another Member State – Obligation to purchase green certificates – Penalty – Exemption – Directive 2001/77/EC – Directive 2009/28/EC – Support scheme – Guarantees of origin – Free movement of goods – Articles 18, 28, 30, 34 and 110 TFEU – State aid – Articles 107 and 108 TFEU – State resources – Selective advantage
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-582/22 Die Länderbahn and Others v Bundesrepublik Deutschland
Reference for a preliminary ruling – Rail transport – Directive 2012/34/EU – Access to railway infrastructure – Charges – Article 56 – Single national regulatory body for the railway sector – Powers – Review of the infrastructure charges whose period of application has expired – Power to declare invalidity with effect ex tunc and to order the reimbursement of charges
Request for a preliminary ruling from the Verwaltungsgericht Köln
Language of the case: German
Case C-604/22 IAB Europe v Gegevensbeschermingsautoriteit
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Standard-setting sectoral organisation proposing to its members rules on the processing of users’ consent – Article 4(1) – Concept of ‘personal data’ – String of letters and characters capturing, in a structured and machine-readable manner, the preferences of an internet user relating to the consent of that user to the processing of his or her personal data – Article 4(7) – Concept of ‘controller’ – Article 26(1) – Concept of ‘joint controllers’ – Organisation which does not itself have access to the personal data processed by its members – Responsibility of the organisation extending to the subsequent processing of data carried out by third parties
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
Case C-740/22 Endemol Shine Finland
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Articles 2, 4, 6, 10 and 86 – Data held by a court relating to the criminal convictions of a natural person – Oral disclosure of such data to a commercial company on account of a competition organised by that company – Concept of ‘processing of personal data’ – National legislation governing access to those data – Reconciliation between the right of public access to official documents and the protection of personal data
Request for a preliminary ruling from the Itä-Suomen hovioikeus
Language of the case: Finnish
Case C-291/22 P D & A Pharma v Commission and EMA
Appeal – Medicinal products for human use – Application for marketing authorisation – Independence of experts consulted by the Committee for Medicinal Products for Human Use (CHMP) of the European Medicines Agency (EMA) – Article 41 of the Charter of Fundamental Rights of the European Union – Right to good administration – Requirement of objective impartiality – Criteria for verifying the absence of conflict of interest – EMA’s policy on competing interests – Activities as a principal researcher, consultant or strategic adviser for the pharmaceutical industry – Rival products – Re-examination procedure – Regulation (EC) No 726/2004 – Article 56, Article 62, Article 63 – EMA Guidelines – Consultation of a scientific advisory group (SAG) or an ad hoc expert group
Language of the case: French
Case C-336/22 f6 Cigarettenfabrik v Hauptzollamt Bielefeld
Reference for a preliminary ruling – Taxation – General arrangements for excise duty – Directive 2008/118/EC – Article 1(2) – Other indirect taxes on excise goods – Conditions for levying such a tax – Specific purpose pursued by the tax – Excise duty applied to manufactured tobacco – Directive 2011/64/EU – Article 14 – Taxation rules – Compliance with those rules by other indirect taxes on excise goods – Heated tobacco – National legislation establishing, for heated tobacco, a tax structure and tax rate differing from those applicable to ‘other smoking tobaccos’
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C-429/22 VK v N1 Interactive
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Judicial cooperation in civil matters – Law applicable to contractual obligations – Regulation (EC) No 593/2008 – Article 6 – Consumer claiming payment of a sum of money allegedly won in an online casino – No choice of applicable law – Application of a law deemed to be more favourable rather than the law of the country of habitual residence of the consumer
Request for a preliminary ruling from the Oberlandesgericht Wien
Language of the case: German
Case C-439/22 Commission v Ireland (European Electronic Communications Code)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2018/1972 – European Electronic Communications Code – Failure to transpose and notify the transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum and a periodic penalty payment – Criteria for determining the amount of the penalty
Language of the case: English
Case C-449/22 Commission v Portugal (European Electronic Communications Code)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2018/1972 – European Electronic Communications Code – Failure to transpose and notify the transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum and a periodic penalty payment – Criteria for determining the amount of the penalty – Discontinuance in part
Language of the case: Portuguese
Case C-452/22 Commission v Poland (European Electronic Communications Code)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2018/1972 – European Electronic Communications Code – Failure to transpose and to notify transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum and a periodic penalty payment – Criteria for determining the amount of the penalty
Language of the case: Polish
Case C-454/22 Commission v Latvia (European Electronic Communications Code)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2018/1972 – European Electronic Communications Code – Failure to transpose and notify transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum and a penalty payment – Criteria for determining the amount of the penalty
Language of the case: Latvian
Case C-457/22 Commission v Slovenia (European Electronic Communications Code)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2018/1972 – European Electronic Communications Code – Failure to transpose and to notify transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum and a periodic penalty payment – Criteria for determining the amount of the penalty – Discontinuance in part
Language of the case: Slovene
Case C-516/22 Commission v United Kingdom (Judgment of the Supreme Court)
Failure of a Member State to fulfil obligations – Default procedure – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Article 127(1) – Transition period – Jurisdiction of the Court of Justice – Judgment of the Supreme Court of the United Kingdom – Enforcement of an arbitral award granting the payment of compensation – Decision of the European Commission declaring that that payment constitutes State aid which is incompatible with the internal market – Article 4(3) TEU – Sincere cooperation – Obligation to stay proceedings – First paragraph of Article 351 TFEU – International agreement between Member States and third countries concluded before the date of their accession to the European Union – Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) – Application of EU law – Article 267 TFEU – National court or tribunal adjudicating at last instance – Obligation to make a reference to the Court for a preliminary ruling – Article 108(3) TFEU – Suspension of implementation of the aid
Language of the case: English
Case C-536/22 MW and CY v VR Bank Ravensburg-Weingarten
Reference for a preliminary ruling – Consumer protection – Directive 2014/17/EU – Article 25(3) – Credit agreements for consumers relating to residential immovable property – Early repayment – Compensation of the creditor – Loss of profit of the creditor – Method of calculating loss of profit
Request for a preliminary ruling from the Landgericht Ravensburg
Language of the case: German
Case C-576/22 Commission v Spain (Directive 91/676)
Failure of a Member State to fulfil obligations – Directive 91/676/EEC – Article 3(4) – Article 5(4) – Annex II(A)(2) and (5) – Annex II(B)(9) – Annex III(1)(2) and (3) and Annex III(2) – Article 5(5) – Protection of waters against pollution caused by nitrates from agricultural sources – Review of the list of nitrate vulnerable zones – Mandatory measures provided for in action programmes – Additional or reinforced measures
Language of the case: Spanish
Case C-752/22 EP v Maahanmuuttovirasto (Removal of a long-term resident)
Reference for a preliminary ruling – Immigration policy – Status of third-country nationals who are long-term residents – Directive 2003/109/EC – Articles 12 and 22 – Reinforced protection against expulsion – Applicability – Third-country national residing in the territory of a Member State other than the one which had granted him long-term resident status – Decision taken by that other Member State on grounds of public policy and public security to remove the person concerned to the Member State which had granted him that status – Temporary ban on entering the territory of that other Member State imposed by that other Member State – Breach of the obligation to apply to that other Member State for a residence permit in accordance with the provisions of Chapter III of Directive 2003/109 – Decision taken by that Member State on the same grounds to remove that third-country national to his country of origin
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
Case C-46/23 Budapest Főváros IV. Kerület Újpest Önkormányzat Polgármesteri Hivatala v Nemzeti Adatvédelmi és Információszabadság Hatóság
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 58(2)(d) and (g) – Powers of the supervisory authority of a Member State – Article 17(1) – Right to erasure (‘right to be forgotten’) – Erasure of unlawfully processed personal data – Power of the national supervisory authority to order the controller or processor to erase those data without a prior request from the data subject
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-37/23 Agenzia delle Entrate v PR
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Common system of value added tax (VAT) – Directive 2006/112/EC – Articles 2, 206 and 273 – Principle of fiscal neutrality – Reduction of the VAT payable by taxable persons affected by the earthquake of 6 April 2009 in the Abruzzo region
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-10/22 LEA v Jamendo
Reference for a preliminary ruling – Directive 2014/26/EU – Collective management of copyright and related rights – Collective management organisations – Independent management entities – Access to the activity of managing copyright and related rights – Directive 2000/31/EC – Material scope – Article 3(3) – Directive 2006/123/EC – Material scope – Article 17(11) – Article 56 TFEU
Request for a preliminary ruling from the Tribunale ordinario di Roma
Language of the case: Italian
Case C-61/22 RL v Landeshauptstadt Wiesbaden
Reference for a preliminary ruling – Regulation (EU) 2019/1157 – Strengthening the security of identity cards of EU citizens – Validity – Legal basis – Article 21(2) TFEU – Article 77(3) TFEU – Regulation (EU) 2019/1157 – Article 3(5) – Obligation for Member States to include two fingerprints in interoperable digital formats in the storage medium of identity cards – Article 7 of the Charter of Fundamental Rights of the European Union – Respect for private and family life – Article 8 of the Charter of Fundamental Rights – Protection of personal data – Regulation (EU) 2016/679 – Article 35 – Obligation to carry out a data protection impact assessment – Maintaining the effects for a certain time of a regulation which has been declared invalid
Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden
Language of the case: German
Case C-90/22 Gjensidige
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 45 – Refusal to recognise a judgment – Article 71 – Relationship between that regulation and conventions governing particular matters – Convention on the Contract for the International Carriage of Goods by Road (CMR) – Article 31(3) – Lis pendens – Agreement conferring jurisdiction – Concept of ‘public policy’
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
Case C-606/22 Dyrektor Izby Administracji Skarbowej w Bydgoszczy v B. (Possibility of adjustment in the case of incorrect rate)
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Provision of recreational services and services to improve physical fitness – Sale of passes giving access to services whose existence is evidenced by a cash register and by cash register receipts – Taxable amount – Error in the tax rate – Principle of fiscal neutrality – Adjustment of the tax debt as a result of a change in the taxable amount – National practice that does not permit, in the absence of an invoice, a correction of the VAT and a refund of the overpaid VAT – No risk of loss of tax revenue – Plea of unjust enrichment
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-671/22 T v Bezirkshauptmannschaft Spittal an der Drau
Reference for a preliminary ruling – Environment – EU action in the field of water policy – Directive 2000/60/EC – Environmental objectives relating to surface water – Prevention of deterioration of the status of all bodies of surface water – Point 1.2.2 of Annex V – Definitions for ‘high’, ‘good’ and ‘moderate’ ecological status in lakes – Criteria for assessing the biological quality element ‘fish fauna’
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-703/22 WU v CBR (Hemianopsia)
Reference for a preliminary ruling – Transport – Road transport – Directive 2006/126/EC – Driving licences – Conditions for issue or renewal – Minimum standards for physical and mental fitness – Eyesight – Point 6.4 of Annex III – Principle of proportionality – Person not meeting the field of vision requirement – Favourable opinion on fitness to drive issued by medical experts – Discretion in an individual case failing an express exception
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-714/22 S.R.G. v Profi Credit Bulgaria (Services ancillary to a credit agreement)
Reference for a preliminary ruling – Consumer protection – Consumer credit agreements – Directive 2008/48/EC – Article 3(g), Article 10(2)(g) and Article 23 – Total cost of the credit to the consumer – No indication of the relevant costs – Penalty – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 3(1), Article 4(2), Article 6(1) and Article 7(1) – Point 1(o) of the annex to Directive 93/13/EEC – Services ancillary to a credit agreement – Terms giving priority to the examination of the credit application of a consumer purchasing those services and to the making available of the sum borrowed as well as providing that consumer with the option of deferring or rescheduling the monthly loan instalments, in return for payment of additional costs
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
Case C-7/23 Marvesa Rotterdam v FAVV
Reference for a preliminary ruling – Agriculture – Approximation of health legislation – Animal health policy – Veterinary checks – Products of animal origin imported from China – Import ban – Decision 2002/994/EC – Exemption for certain products – Part I of the annex – Fishery products – Definition – Fish oil – Products intended for animal feed – Validity
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-10/23 Remia Com Impex v Autoritatea Naţională Sanitară Veterinară şi pentru Siguranţa Alimentelor and Direcţia Sanitară Veterinară şi pentru Siguranţa Alimentelor Dolj
Reference for a preliminary ruling – Food safety – Hygiene rules for food of animal origin – Regulation (EC) No 853/2004 – Scope – Exceptions – Supply of food between retail establishments constituting a marginal, localised and restricted activity – Concept of ‘marginal, localised and restricted activity’ – National legislation departing from the definition of that concept provided by that regulation
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
Case C-76/23 Cobult v TAP Air Portugal
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 7(3) – Article 8(1)(a) – Right to reimbursement of the cost of the airline ticket in the event of cancellation of a flight – Reimbursement in travel vouchers – Concept of the ‘signed agreement of the passenger’ – Reimbursement procedure through a form available on the website of the operating air carrier
Request for a preliminary ruling from the Landgericht Frankfurt am Main
Language of the case: German
Case C-639/23 P(R) Commission v Amazon Services Europe
Appeal – Interim relief – Approximation of laws – Regulation (EU) 2022/2065 – Single market for digital services – Additional online advertising transparency – Decision to designate a very large online platform – Action for annulment
Language of the case: English
Information (on unpublished decisions)
Case C-700/23 P Cayago Tec v EUIPO
Case C-725/22 P Nevinnomysskiy Azot and NAK 'Azot' v Commission
Appeal – Dumping – Imports of mixtures of urea and ammonium nitrate originating in Russia – Definitive anti-dumping duty – Initiation of an investigation – Sufficient evidence
Case C-576/23 Elite Games v Administraţia Judeţeană a Finanţelor Publice Vaslui and Direcţia Generală Regională a Finanţelor Publice Iaşi
Case C-766/21 P Parliament v Axa Assurances Luxembourg and Others
Reopening of the oral part of the procedure – Holding of a hearing
Case C-676/23 P(I) Sberbank v MeSoFa and SRB
Appeal – Intervention – Economic and monetary policy – Single resolution mechanism for credit institutions and certain investment firms – Decision not to adopt a resolution scheme – Parent company – Interest in the result of the case
Case C-690/23 P(I) Sberbank v MeSoFa and Others
Appeal – Intervention – Economic and monetary policy – Single resolution mechanism for credit institutions and certain investment firms – Decision to adopt a resolution scheme – Parent company – Interest in the result of the case
Case C-693/23 P(I) Sberbank v MeSoFa and Others
Appeal – Intervention – Economic and monetary policy – Single resolution mechanism for credit institutions and certain investment firms – Decision to adopt a resolution scheme – Parent company – Interest in the result of the case
April 2024
Case C-551/21 Commission v Council (Signing of international agreements)
Intervention – Article 40 of the Statute of the Court of Justice of the European Union – Application by the High Representative of the Union for Foreign Affairs and Security Policy – Interest in the result of the case – Allowed
Language of the case: English
Case C-582/21 FY v Profi Credit Polska (Reopening of proceedings concluded with a final judicial decision)
Reference for a preliminary ruling – Principles of EU law – Article 4(3) TEU – Principle of sincere cooperation – Procedural autonomy – Principles of equivalence and effectiveness – Principle of interpreting national law in conformity with EU law – National legislation providing for an extraordinary remedy allowing the reopening of civil proceedings closed by a final judgment – Grounds – Subsequent decision of a constitutional court declaring that a provision of national law on the basis of which that judgment was given is incompatible with the Constitution – Loss of the opportunity to take action on account of a breach of the law – Broad application of that remedy – Alleged infringement of EU law resulting from a subsequent judgment of the Court of Justice ruling under Article 267 TFEU on the interpretation of EU law – Directive 93/13/EEC – Unfair terms in consumer contracts – Default judgment – Failure of the court hearing the case to ascertain of its own motion whether contractual terms are unfair
Request for a preliminary ruling from the Sąd Okręgowy Warszawa-Praga w Warszawie
Language of the case: Polish
Case C-532/23 Lear Corporation Hungary v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article183 – Right to deduct input VAT – Rules governing exercise of that right – Late refund – Delay caused by the application of a national provision – Effect of a preliminary ruling given by the Court after those facts occurred – Late payment interest – Limitation – Principles of equivalence, effectiveness and fiscal neutrality
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-741/21 GP v juris
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 82 – Right to compensation for damage caused by data processing that infringes that regulation – Concept of ‘non-material damage’ – Impact of the seriousness of the damage suffered – Liability of the controller – Possible exemption in the event of default of a person acting under his or her authority within the meaning of Article 29 – Assessment of the amount of compensation – Inapplicability of the criteria laid down for administrative fines in Article 83 – Assessment in the event of multiple infringements of that regulation
Request for a preliminary ruling from the Landgericht Saarbrücken
Language of the case: German
Case C-316/22 Gabel Industria Tessile and Canavesi v A2A Energia and Others
Reference for a preliminary ruling – Directive 2008/118/EC – Article 1(2) – Excise duties – Electricity – National legislation creating an additional tax on electricity excise duties – Lack of specific purposes – Additional tax deemed contrary to Directive 2008/118/EC by the national courts – Recovery by the final consumer of the tax unduly paid from the supplier alone – Article 288 TFEU – Direct effect – Principle of effectiveness
Request for a preliminary ruling from the Tribunale di Como
Language of the case: Italian
Case C-654/22 FOD Volksgezondheid, Veiligheid van de voedselketen & Leefmilieu v Triferto Belgium
Reference for a preliminary ruling – Registration, evaluation, authorisation and restriction of chemicals – Regulation (EC) No 1907/2006 (REACH Regulation) – Article 2(1)(b) – Scope – Article 3(10) and (11) – Concepts of ‘import’ and ‘importer’ – Article 6 – Obligation to register – Person assuming responsibility for registration – Regulation (EU) No 952/2013 – Union Customs Code – Customs warehousing
Request for a preliminary ruling from the rechtbank van eerste aanleg Oost-Vlaanderen Afdeling Gent
Language of the case: Dutch
Case C-687/22 Julieta and Rogelio v Agencia Estatal de la Administración Tributaria (Exclusion of claims governed by public law from discharge of debt)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Directive (EU) 2019/1023 – Procedures concerning restructuring, insolvency and discharge of debt – Article 20 – Access to discharge – Article 20(1) – Full discharge of debt – Article 23 – Derogations – Article 23(4) – Exclusion of certain categories of debt from the discharge of debt – Exclusion of claims governed by public law – Justification under national law – Legal effects of directives – Obligation to interpret national law in conformity with EU law
Request for a preliminary ruling from the Audiencia Provincial de Alicante
Language of the case: Spanish
Case C-723/22 Citadines v MPLC Deutschland
Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Directive 2001/29/EC – Article 3(1) – Communication to the public – Meaning – Provision of television sets in a hotel – Transmission of a signal by means of a coaxial cable distributor – Directive 93/83/EEC – Cable retransmission – Cable operators – Meaning – Licensing agreement with collective management organisations for cable retransmission – Retransmission of that signal by means of that hotel’s own cable distribution network
Request for a preliminary ruling from the Oberlandesgericht München
Language of the case: German
Case C-770/22 OSTP Italy v Agenzia delle Dogane e dei Monopoli, Ufficio delle Dogane di Genova 1 and Others
Reference for a preliminary ruling – Customs union – Regulation (EU) No 952/2013 – Judgments at first instance annulling customs measures relating to traditional own resources of the European Union – Immediately implementable nature of those judgments – No suspension of implementation of judgments
Request for a preliminary ruling from the Corte di giustizia tributaria di primo grado di Genova
Language of the case: Italian
Case C-6/23 X v Agrárminiszter
Reference for a preliminary ruling – Agriculture – Common agricultural policy (CAP) – European Agricultural Fund for Rural Development (EAFRD) – Applicability ratione materiae – Applicability ratione temporis – Regulation (EC) No 1698/2005 – Article 22 – Support for the setting up of young farmers – Article 71 – Eligibility – Conditions for granting – Legislation of a Member State laying down the obligation to work continuously as a farmer, as a main activity and as a sole trader – Additional eligibility conditions – Regulation (EU) No 1306/2013 – Article 63 – Delegated Regulation (EU) No 640/2014 – Article 35 – Eligibility criterion – Commitment
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Joined Cases C-114/23, C-115/23, C-132/23 and C-160/23 Criminal proccedings against KB and Others
Reference for a preliminary ruling – Article 267 TFEU – Interpretation sought by the referring court necessary to enable it to give judgment – Independence of the judiciary – Conditions for the appointment of ordinary judges – Possibility of challenging a final judgment or decree of criminal conviction at the stage of proceedings to enforce that judgment or decree – Admissibility of the requests for a preliminary ruling
Requests for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
Case C-116/23 XXXX v Sozialministeriumservice
Reference for a preliminary ruling – Social security – Migrant workers – Family benefits – Regulation (EC) No 883/2004 – Article 3 – Sickness benefits – Scope – Care leave allowance – National of a Member State residing and working in another Member State and caring for a family member in the first Member State – Ancillary nature in respect of the care allowance – Article 4 – Equality of treatment
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-122/23 Direktor na Direktsia 'Obzhalvane i danachno-osiguritelna praktika' v Legafact
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Turnover taxes – Special scheme for small enterprises – Annual turnover – Difference in treatment between taxable persons – National legislation imposing VAT on a person in the event of late submission of an application for registration – Punitive nature
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-173/23 Eventmedia Soluciones v Air Europa Líneas Aéreas
Reference for a preliminary ruling – Air transport – Montreal Convention – Article 19 – Compensation for damage occasioned by delay in the carriage of baggage – Assignment to a commercial company of the passenger’s claim against the air carrier – Contractual clause prohibiting such an assignment – Directive 93/13/EC – Unfair terms in consumer contracts – Article 6(1) and Article 7(1) – Review of its own motion of the unfairness of the clause prohibiting the assignment of passenger rights – Detailed rules for that review in the context of a dispute between the assignee company and the air carrier – Principles of equivalence and effectiveness – Principle of audi alterem partem
Request for a preliminary ruling from the Juzgado de lo Mercantil de Palma de Mallorca
Language of the case: Spanish
Case C-183/23 Credit Agricole Bank Polska v AB
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 6(1) – Scope – Contract concluded by a consumer who is a national of a third State with a bank established in a Member State – Proceedings brought against that consumer – Court of the last known domicile of the consumer in a Member State
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy - Śródmieścia w Warszawie
Language of the case: Polish
Case C-89/24 P(R) Lagardère v Commission
Appeal – Application for interim measures – Competition – Concentrations – Media market – Request for information – Personal data – Urgency – Commission of a criminal offence
Language of the case: French
Case C-90/24 P(R) Vivendi v Commission
Appeal – Interim relief – Competition – Concentrations – Media market – Request for information – Personal data – Urgency – Right to respect for private life
Language of the case: French
Case C-605/21 Heureka Group v Google (Online price comparison services)
Reference for a preliminary ruling – Article 102 TFEU – Principle of effectiveness – Actions for damages under national law for infringements of competition law provisions – Directive 2014/104/EU – Late transposition of the directive – Temporal application – Article 10 – Limitation period – Detailed rules for the dies a quo – Cessation of the infringement – Knowledge of the information necessary for bringing an action for damages – Publication in the Official Journal of the European Union of the summary of the European Commission’s decision finding an infringement of the competition rules – Binding effect of a Commission decision that is not yet final – Suspension or interruption of the limitation period for the duration of the Commission’s investigation or until the date when its decision becomes final
Request for a preliminary ruling from the Městský soud v Praze
Language of the case: Czech
Case C-359/22 AHY v Minister for Justice (Discretionary clause - Remedies)
Reference for a preliminary ruling – Asylum policy – Determining the Member State responsible for examining an application for international protection – Regulation (EU) No 604/2013 – Transfer of the asylum seeker to the Member State responsible for examining the application for international protection – Article 17(1) – Discretionary clause – Article 27(1) and (3) and Article 29(3) – Article 47 of the Charter of Fundamental Rights of the European Union – Remedies – Suspensive effect
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Case C-509/22 Agenzia delle Dogane e dei Monopoli v Girelli Alcool
Reference for a preliminary ruling – Taxation – Excise duties – Directive 2008/118/EC – Article 7(4) – Chargeability of excise duty – Release for consumption – Total destruction or irretrievable loss of a product placed under a duty-suspension arrangement – Concept of ‘unforeseeable circumstances’ – Authorisation by the competent authorities of the Member State – Irretrievable loss caused by a non-serious fault committed by an employee of the authorised warehousekeeper
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Joined Cases C-567/22 P to C-570/22 P Dumitrescu and Others v Commission and Court of Justice
Appeal – Civil service – Second subparagraph of Article 8(2) of Annex VII to the Staff Regulations of Officials of the European Union – Flat-rate payment of travel expenses from the place of employment to the place of origin – Regulation (EU, Euratom) No 1023/2013 – New calculation rules – Officials whose place of origin is outside the territories of the Member States as well as outside the countries and territories listed in Annex II to the FEU Treaty and the territories of the Member States of the European Free Trade Association (EFTA) – Principle of equal treatment
Language of the case: French
Case C-634/22 Criminal proceedings against OT and Others (Abolition of a court)
Reference for a preliminary ruling – Values and objectives of the European Union – Article 2 TEU – Rule of law – Second subparagraph of Article 19(1) TEU – Independent and impartial court – Reorganisation of jurisdiction of courts in a Member State – Abolition of a specialised criminal court – Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
Case C-716/22 EP v Préfet du Gers and Institut national de la statistique et des études économiques
Reference for a preliminary ruling – Citizenship of the Union – National of the United Kingdom of Great Britain and Northern Ireland residing in a Member State – Articles 20 and 22 TFEU – Right to vote and to stand as a candidate in elections to the European Parliament in the Member State of residence – Article 50 TEU – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Consequences of the withdrawal of a Member State of the European Union – Removal from the electoral roll in the Member State of residence – Article 39 of the Charter of Fundamental Rights of the European Union – Validity of Decision (EU) 2020/135
Request for a preliminary ruling from the Tribunal judiciaire d’Auch
Language of the case: French
Joined Cases C-765/22 and C-772/22 Luis Carlos and Others v Air Berlín Luftverkehrs KG, Sucursal en España and Others
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) 2015/848 – Insolvency proceedings – Main insolvency proceedings in Germany and secondary insolvency proceedings in Spain – Challenge to the inventory of assets and the list of creditors submitted by the insolvency practitioner in the secondary insolvency proceedings – Classification of employees’ claims – Date to be taken into account – Transfer of assets situated in Spain to Germany – Composition of the estate in secondary insolvency proceedings – Time parameters to be taken into consideration
Requests for a preliminary ruling from the Juzgado de lo Mercantil de Palma de Mallorca
Language of the case: Spanish
Case C-22/23 Citadeles nekustamie īpašumi v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Prevention of the use of the financial system for the purposes of money laundering or terrorist financing – Directive (EU) 2015/849 – Scope – Obliged entity – Article 3(7)(c) – Concept of ‘trust or company service provider’ – Provision of a registered office – Owner of immovable property who has entered into leases with legal persons – Registration of the registered office of such legal persons in that immovable property
Request for a preliminary ruling from the administratīvā rajona tiesa
Language of the case: Latvian
Case C-68/23 M-GbR v Finanzamt O (Single-purpose vouchers)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Articles 30a and 30b – Vouchers supplied electronically – Single-purpose and multi-purpose vouchers – Prepaid cards or voucher codes for the purchase of digital content, with a ‘country’ identifier making the digital content in question accessible only in the Member State in question
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-79/23 FJ v Agrárminiszter
Reference for a preliminary ruling – Agriculture – Common agricultural policy – Direct support schemes for farmers – Regulation (EC) No 1122/2009 – Single area payment scheme – Article 58 – Reductions and exclusions applicable in the event of over-declarations – Penalty for over-declaration exceeding 50% of the area determined – Recovery of the amount of the penalty during the three calendar years following the calendar year of the finding – Concept of ‘finding’ – Control report finding irregularities in the aid application concerned
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-89/23 Companhia União de Crédito Popular v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Scope – Economic activity – Supply of services – Article 135 – Exemptions for other activities – Granting of credit – Sale by auction of pledged goods – Single supply – Distinct and independent supplies – Ancillary or principal supplies
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-133/23 Omya CZ v Generální ředitelství cel
Reference for a preliminary ruling – Taxation of energy products and electricity – Directive 2003/96/EC – Fifth indent of Article 2(4)(b) – Concept of ‘mineralogical processes’ – Electricity used to power machines used to process limestone extracted from quarries
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-195/23 GI v Partena
Reference for a preliminary ruling – Social security – Officials of the European Union – Protocol (No 7) on the privileges and immunities of the European Union – Compulsory affiliation to the social security scheme of the EU institutions – Official of the European Union pursuing a complementary professional activity as a self-employed person – Liability for social security contributions under the scheme of a Member State in which that activity is carried out
Request for a preliminary ruling from the Tribunal du travail francophone de Bruxelles
Language of the case: French
Case C-484/21 F C C and M A B v Caixabank (Limitation period)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan contract – Term stipulating that costs relating to the contract are to be paid by the consumer – Final judicial decision finding that term unfair and declaring it void – Action for restitution of the sums paid pursuant to the unfair term – Point from which the limitation period starts to run
Request for a preliminary ruling from the Juzgado de Primera Instancia de Barcelona
Language of the case: Spanish
Case C-561/21 GP and BG v Banco Santander (Point from which the limitation period starts to run)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan contract – Term stipulating that costs relating to the contract are to be paid by the consumer – Final judicial decision finding that term unfair and declaring it void – Action for restitution of the sums paid pursuant to the unfair term – Point from which the limitation period for the action for restitution starts to run
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-276/22 Edil Work 2 and S.T. v STE
Reference for a preliminary ruling – Articles 49 and 54 TFEU – Freedom of establishment – Company established in a Member State but carrying on its activities in another Member State – Operation and management of the company – National legislation providing for the application of the law of the Member State in which a company carries on its activities – Restriction on freedom of establishment – Justification – Protection of the interests of creditors, minority shareholders and staff – Prevention of abusive practices and artificial arrangements – Proportionality
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-301/22 Sweetman v An Bord Pleanála and Ireland and the Attorney General
Reference for a preliminary ruling – Environment – Directive 2000/60/EC – Framework for EU action in the field of water policy – Article 4(1)(a) – Environmental objectives relating to surface water – Obligation of the Member States not to authorise a project which may cause a deterioration of the status of a surface water body – Article 5 and Annex II – Characterisation of surface water body types – Article 8 and Annex V – Classification of surface water status – Article 11 – Programme of measures – Project for the abstraction of water from a lake with a surface area below 0.5 km²
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
Case C-308/22 PAN Europe v College voor de toelating van gewasbeschermingsmiddelen en biociden (Closer)
Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 1107/2009 – Authorisation for placing plant protection products on the market – Examination for authorisation – Article 36 – Discretion of the Member State concerned, for the purposes of Article 36(2), with regard to the scientific risk assessment carried out by the Member State examining the application for authorisation under Article 36(1) – Article 44 – Withdrawal or amendment of an authorisation – Precautionary principle – Effective judicial remedy – Current scientific and technical knowledge
Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
Joined Cases C-309/22 and C-310/22 PAN Europe v College voor de toelating van gewasbeschermingsmiddelen en biociden (Assessment of endocrine disrupting properties)
Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 1107/2009 – Authorisation for placing plant protection products on the market – Examination for authorisation – Article 4 – Article 29 – Conditions – No harmful effect – Criteria – Endocrine disrupting properties – Regulation (EU) 2018/605 – Precautionary principle – Current scientific and technical knowledge
Requests for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
Joined Cases C-345/22 to C-347/22 Maersk A/S v Allianz Seguros y Reaseguros and Mapfre España Compañía de Seguros y Reaseguros SA v MACS Maritime Carrier Shipping
Requests for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 25(1) – Contract for the carriage of goods evidenced by a bill of lading – Jurisdiction clause incorporated in that bill of lading – Enforceability against the third-party holder of the bill of lading – Applicable law – National legislation requiring the individual and separate negotiation of the jurisdiction clause by the third-party holder of the bill of lading
Requests for a preliminary ruling from the Audiencia Provincial de Pontevedra
Language of the case: Spanish
Joined Cases C-420/22 and C-528/22 NW and PQ v Országos Idegenrendészeti Főigazgatóság and Miniszterelnöki Kabinetirodát vezető miniszter (Classified information)
References for a preliminary ruling – Citizenship of the European Union – Article 20 TFEU – Union citizen who has never exercised his or her right of freedom of movement – Residence of a family member of that Union citizen – Threat to national security – Statement by a specialist national authority – Statement of reasons – Access to the file
Requests for a preliminary ruling from the Szegedi Törvényszék
Language of the case: Hungarian
Case C-657/22 Bitulpetrolium Serv v Administraţia Judeţeană a Finanţelor Publice Prahova
Reference for a preliminary ruling – Taxation of energy products and electricity – Directive 2003/96/EC – Taxation in accordance with the principle of actual use of those products – Annex I – Minimum levels of taxation applicable to energy products provided for by that directive – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(a) – Chargeable event – Article 63 – Chargeability of VAT – Article 78(1)(a) – Taxable amount – Reintroduction of energy products into the tax warehouse – Conditions imposed by national law – Additional excise duty and VAT applied as a penalty for non-compliance with those conditions – Principle of proportionality
Request for a preliminary ruling from the Tribunalul Prahova
Language of the case: Romanian
Joined Cases C-684/22 to C-686/22 S.Ö. and Others v Stadt Duisburg and Others (Loss of German nationality)
Reference for a preliminary ruling – Citizenship of the Union – Article 20 TFEU – Nationality of a Member State and of a third country – Acquisition of the nationality of a third country – Loss of the nationality of a Member State and of citizenship of the Union by operation of law – Possibility of applying to retain the nationality of the Member State prior to acquisition of the nationality of a third country – Individual examination of the consequences of the loss of the nationality of the Member State in the light of EU law – Scope
Requests for a preliminary ruling from the Verwaltungsgericht Düsseldorf
Language of the case: German
Case C-36/23 L v Familienkasse Sachsen
Reference for a preliminary ruling – Social security – Regulation (EC) No 883/2004 – Family benefits – Article 68 – Rules of priority in the case of overlapping of benefits – Obligation on the institution of the Member State having secondary competence to forward an application for family benefits to the institution of the Member State having primary competence – No application for family benefits in the child’s Member State of residence – Partial recovery of family benefits paid in the Member State of activity as an employed person of one of the parents
Request for a preliminary ruling from the Finanzgericht Bremen
Language of the case: German
Case C-147/23 Commission v Poland (Whistleblowers directive)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Protection of persons who report breaches of Union law – Directive (EU) 2019/1937 – Failure to transpose and notify the transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum and a daily penalty payment – Criteria for establishing the amount of the sanction – Automatic application of a coefficient for seriousness – Determination of the capacity to pay of the Member State – Demographic criterion
Language of the case: Polish
Case C-204/23 Autorità di regolazione dei trasporti v Lufthansa Linee Aeree Germaniche and Others
Reference for a preliminary ruling – Air transport – Airport charges – Directive 2009/12/EC – Article 11(5) – Funding for the independent supervisory authority – Contribution from airport users – Criteria for taxation
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-207/23 Finanzamt X v Y (Application and disposal of goods free of charge)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Taxable transactions – Article 16 – Application of goods forming part of a taxable person’s business assets and their transfer free of charge to another taxable person – Drying of wood and heating of asparagus fields stemming from a cogeneration plant connected to a biogas production facility – Article 74 – Taxable amount – Cost price – Limitation to costs subject to input VAT only
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-470/21 La Quadrature du Net and Others v Premier ministre and Ministère de la Culture (Personal data and action to combat counterfeiting)
Reference for a preliminary ruling – Processing of personal data and the protection of privacy in the electronic communications sector – Directive 2002/58/EC – Confidentiality of electronic communications – Protection – Article 5 and Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 11 and Article 52(1) – National legislation aimed at combating, through action by a public authority, counterfeiting offences committed on the internet – ‘Graduated response’ procedure – Upstream collection by rightholder organisations of IP addresses used for activities infringing copyright or related rights – Downstream access by the public authority responsible for the protection of copyright and related rights to data relating to the civil identity associated with those IP addresses retained by providers of electronic communications services – Automated processing – Requirement of prior review by a court or an independent administrative body – Substantive and procedural conditions – Safeguards against the risks of abuse and against any unlawful access to or use of those data
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
Case C-822/21 Latvia v Sweden (Deposit guarantee schemes)
Failure of a Member State to fulfil obligations – Article 259 TFEU – Directive 2014/49/EU – Deposit guarantee schemes (DGSs) – Article 14(3) – Transfer of the activities of a credit institution from the DGS of one Member State to the DGS of another Member State – Transfer to the DGS of the host Member State of the contributions paid to the DGS of the home Member State during the 12 months preceding the transfer of the activities – Obligation – Failure to transfer contributions – Effectiveness – Principle of sincere cooperation
Language of the case: Swedish
Case C-178/22 Criminal proceedings against Unknown individuals
Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Confidentiality of communications – Providers of electronic communications services – Directive 2002/58/EC – Article 15(1) – Articles 7, 8, 11 and Article 52(1) of the Charter of Fundamental Rights of the European Union – Access to those data requested by a national authority having competence to prosecute offences of aggravated theft – Definition of the concept of ‘serious offence’ the prosecution of which is capable of justifying serious interference with fundamental rights – Competence of the Member States – Principle of proportionality – Scope of prior review by a court of the requests to access the data retained by providers of electronic communications services
Request for a preliminary ruling from the Giudice delle indagini preliminari presso il Tribunale di Bolzano
Language of the case: Italian
Joined Cases C-395/22 and C-428/22 Trade Express-L and DEVNIA TSIMENT v Zamestnik-predsedatel na Darzhavna agentsia 'Darzhaven rezerv i voennovremenni zapasi'
References for a preliminary ruling – Energy – Directive 2009/119/EC – Supply of stocks of crude oil and/or petroleum products – Article 3 – Obligation for Member States to maintain emergency stocks – Article 8 – Economic operators – Regulation (EC) No 1099/2008 – Energy statistics – National legislation making it possible to impose an obligation on an economic operator to build up and maintain emergency stocks of a petroleum product, including where that product is unrelated to the economic activity of that operator – Charter of Fundamental Rights of the European Union – Article 16 – Freedom to conduct a business – Article 17 – Right to property
Requests for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
Case C-670/22 Criminal proceedings against M.N. (EncroChat)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2014/41/EU – European Investigation Order (EIO) in criminal matters – Obtaining of evidence already in the possession of the competent authorities of the executing State – Conditions for issuing an EIO – Encrypted telecommunications service – EncroChat – Need for the decision of a judge – Use of evidence obtained in breach of EU law
Request for a preliminary ruling from the Landgericht Berlin
Language of the case: German
Information (on unpublished decisions)
Case C-558/23 Criminal proceedings against IC
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice – Manifest inadmissibility – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Intellectual property – Act adversely affecting intellectual property rights – Criminal and administrative penalties – Principle of legality of criminal offences and penalties
Case C-670/23 P Gürok Turizm ve Madencilik v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-12/24 P Sattvica v EUIPO
Case C-22/22 T. v Przewodniczący Krajowej Rady Radiofonii i Telewizji (Audiovisual programmes for children)
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Definition of ‘court or tribunal’ – Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Chamber of Extraordinary Control and Public Affairs) of the Sąd Najwyższy (Supreme Court, Poland) – Reference for a preliminary ruling from an adjudicating panel which does not have the status of an independent and impartial tribunal previously established by law – Manifest inadmissibility
Case C-628/23 YG and NI v AXA Bank Europe and Others
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to set out the regulatory context of the main proceedings – Requirement to state the reasons justifying the need for a reply from the Court and the link between the provisions of EU law whose interpretation is sought and the applicable national legislation – Lack of sufficient information – Manifest inadmissibility
Case C-491/23 P Atesos medical and Others v Commission and Others
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Agreement between the European Community and the Swiss Confederation on mutual recognition in relation to conformity assessment – Regulation (EU) 2017/745 – Expiry of the designation of an entity as conformity assessment body for medical devices within the meaning of Directive 93/42/EEC – Removal of that entity from the list of notified bodies which have certificates validated under Directive 93/42/EEC – Action for annulment – Appeal manifestly unfounded
Case C-528/23 P EUIPO v KD
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Member of the temporary staff of EUIPO – Non-renewal of contract – Action for annulment and for damages – Appeal manifestly unfounded
Case C-599/22 Commission v Greece (Services de liaison de données aéronautiques)
Case C-19/24 P Feed v EUIPO
Case C-218/23 P NS v Parliament
Appeal – Civil service – Officials – Reassignment – Interests of the service – Correspondence between the grade and the post – Loss of an allowance – Right to be heard – Obligation to state reasons – Duty to have regard for the welfare of officials
Case C-366/23 P CIMV v Commission
Appeal – Research and technological development – Grant agreement concluded in the context of the ‘Horizon 2020’ Framework Programme for Research and Innovation – Recovery of a debt – Repayment by instalments – Substantive accuracy of the facts – Manifest error of assessment – Obligation to state reasons – Legitimate expectations – Right to be heard – Proportionality
Case C-102/24 P Transport Werk v EUIPO
May 2024
Case C-115/22 SO
Reference for a preliminary ruling – Admissibility – Article 267 TFEU – Concept of ‘court or tribunal’ – National arbitration committee competent to combat doping in sport – Criteria – Independence of the body making the reference – Principle of effective judicial protection – Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Unabhängige Schiedskommission Wien
Language of the case: German
Case C-75/22 Commission v Czech Republic (Professional qualifications)
Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Recognition of professional qualifications – Article 3(1)(g) and (h) – Obligation for the Member States to ensure that the competent authorities of the host Member State determine the status of persons undergoing an adaptation period or preparing themselves for an aptitude test – Article 7(3) – Obligation for Member States to ensure that, in particular, veterinary surgeons and architects have the possibility to provide services, within the framework of the freedom to provide services, under the professional title of the host Member State – Article 45(2)(c), (f) and, in part, (e) – Obligation for the Member States to ensure that the holders of evidence of formal qualifications in pharmacy at university level or a level recognised as equivalent, which satisfies the requirements of Article 44 of that directive, are able to gain access to at least the activities referred to in Article 45(2) of that directive, subject to the requirement, where appropriate, of supplementary professional experience – Article 51(1) – Obligation for the Member States to ensure that the competent authority of the host Member State has a time limit of one month within which to acknowledge receipt of the application for recognition of professional qualifications and to inform the applicant of any missing document – Not transposed into national law
Language of the case: Czech
Case C-734/22 Republik Österreich v GM
Reference for a preliminary ruling – Own resources of the European Union – National programme co-financed by the European Agricultural Fund for Rural Development (EAFRD) – Aid granted by contract pursuant to that programme – Protection of the European Union’s financial interests – Regulation (EC) No 2988/95 – Scope – Proceedings concerning irregularities – Article 3 – Limitation period for proceedings – Concept of ‘act interrupting the limitation period’ – Principle of proportionality – Claims for repayment of aid wrongly paid, based on the private law of a Member State
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-20/23 SF v MV and Others
Reference for a preliminary ruling – Judicial cooperation in civil matters – Directive (EU) 2019/1023 – Procedures concerning restructuring, insolvency and discharge of debt – Article 20 – Access to discharge – Article 23 – Derogations – Article 23(4) – Exclusion of specific categories of debt from discharge of debt – National legislation excluding tax and social security debts from the discharge of debt – Duly justified nature of such an exclusion
Request for a preliminary ruling from the Tribunal da Relação do Porto
Language of the case: Portuguese
Case C-53/23 Asociaţia 'Forumul Judecătorilor din România' and Asociaţia 'Mişcarea pentru Apărarea Statutului Procurorilor' v Parchetul de pe lângă Înalta Curte de Casaţie şi Justiţie – Procurorul General al României (Associations of judges)
Reference for a preliminary ruling – Rule of law – Judicial independence – Article 19(1) TEU – Cooperation and Verification Mechanism – Benchmarks subscribed to by Romania – Fight against corruption – Investigations of offences committed within the judicial system – Action challenging the nomination of prosecutors with competence to conduct those investigations – Standing of professional associations of judges to bring proceedings
Request for a preliminary ruling from the Curtea de Apel Piteşti
Language of the case: Romanian
Case C-216/23 Hauser Weinimport v Freistaat Bayern
Reference for a preliminary ruling – Approximation of laws – Agriculture – Definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products – Regulation (EU) No 251/2014 – Article 3(4) – Aromatised wine-product cocktail – Definition – Concepts of ‘alcohol’ and of ‘flavouring foodstuffs’
Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
Case C-241/23 P. v Dyrektor Izby Administracji Skarbowej w Warszawie (Shares as consideration)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 73 – Supply of goods or services – In-kind contribution of property – Taxable amount – Consideration – Shares – Nominal value – Issue value
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-15/24 PPU Criminal proceedings against CH
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2013/48/EU – The right of access to a lawyer in criminal proceedings – Article 3(6)(b) – Temporary derogation from the right of access to a lawyer in exceptional circumstances – Article 9 – Waiver of the presence or assistance of a lawyer – Conditions – Article 12(2) – Respect for the rights of the defence and the fairness of the proceedings – Admissibility of evidence – Article 47 of the Charter of Fundamental Rights of the European Union – Written waiver of an illiterate suspect’s right of access to a lawyer – No explanation as to the possible consequences of waiving that right – Implications for subsequent investigative acts – Decision on an appropriate restraint measure – Assessment of evidence obtained in breach of the right of access to a lawyer
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
Case C-673/22 CCC v TGSS and INSS (Leave for a mother in a single-parent family)
Reference for a preliminary ruling – Social policy – Directive (EU) 2019/1158 – Balance between working life and private life of parents – Single-parent family – Equal treatment with two-parent families – Extension of maternity leave – Article 5 – Parental leave – Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Juzgado de lo Social No 1 de Sevilla
Language of the case: Spanish
Case C-695/22 Fondee v Česká národní banka
Reference for a preliminary ruling – Freedom to provide services – Markets in financial instruments – Directive 2014/65/EU – Article 3 – Exemption from the application of Directive 2014/65/EU – Exempted investment intermediary – Legislation of a Member State prohibiting that intermediary from transmitting clients’ orders to an investment firm established in another Member State
Request for a preliminary ruling from the Městský soud v Praze
Language of the case: Czech
Case C-706/22 Konzernbetriebsrat der O v Vorstand der O Holding
Reference for a preliminary ruling – European company – Regulation (EC) No 2157/2001 – Article 12(2) – Involvement of employees – Registration of the European company – Conditions – Prior implementation of the negotiation procedure on the involvement of employees referred to in Directive 2001/86/EC – European company which was established and registered without employees but which became the parent company of subsidiaries employing employees – No obligation to conduct a negotiation procedure retrospectively – Article 11 – Misuse of a European company – Deprivation of the rights of employees to employee involvement – Prohibition
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-746/22 Slovenské Energetické Strojárne v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Common system of value added tax (VAT) – Detailed rules for the refund of VAT to taxable persons not established in the Member State of refund – Directive 2008/9/EC – Article 20 – Request for additional information made by the Member State of refund – Information to be provided within a one-month period – Discontinuation of the procedure on account of failure by the taxable person to provide additional information within that time limit – Article 23 – Refusal to take account of information provided for the first time in the appeal procedure – Principle of effectiveness – Principle of VAT neutrality – Principle of good administration
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-27/23 FV v Caisse pour l'avenir des enfants
Reference for a preliminary ruling – Article 45 TFEU – Freedom of movement for workers – Equal treatment – Social advantages – Regulation (EU) No 492/2011 – Article 7(2) – Family allowance – Worker having custody of a child placed with that worker by a court order – Resident worker and non-resident worker – Difference in treatment – No justification
Request for a preliminary ruling from the Cour de cassation (Luxembourg)
Language of the case: French
Case C-222/23 Toplofikatsia Sofia (Concept of the defendant's domicile)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Jurisdiction and the enforcement of judgments in civil and commercial matters – Order for payment procedure – Concept of ‘domicile’ – National of a Member State having his or her permanent address in that Member State and his or her current address in another Member State – No possibility of changing or renouncing that permanent address
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
Case C-405/23 Touristic Aviation Services v Flightright
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Compensation for air passengers in the event of long delay of flights – Article 5(3) – Exemption from the obligation to pay compensation – Extraordinary circumstances – Shortage of staff of the airport operator providing baggage loading services
Request for a preliminary ruling from the Landgericht Köln
Language of the case: German
Case C-400/22 VT and UR v Conny
Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Article 8(2) – Distance contracts concluded by electronic means – Information requirements for the trader – Order implying an obligation to pay – Order placed by activating a button or similar function on a website – Obligation on the trader to label that button or similar function with the words ‘order with obligation to pay’ or a corresponding formulation – Conditional payment obligation
Request for a preliminary ruling from the Landgericht Berlin
Language of the case: German
Case C-627/22 AB v Finanzamt Köln-Süd (Voluntary assessment requested by a partially taxable person)
Reference for a preliminary ruling – Agreement between the European Union and the Swiss Confederation on the free movement of persons – Worker from a Member State who has transferred his residence to Switzerland – Tax concessions – Income tax – ‘Voluntary assessment’ mechanism – Taxpayers who may benefit therefrom – Restriction to partially taxable employed persons resident in a Member State or in a State party to the Agreement on the European Economic Area (EEA) – Equal treatment
Request for a preliminary ruling from the Finanzgericht Köln
Language of the case: German
Joined Cases C-662/22 and C-667/22 Airbnb Ireland and Amazon Services Europe v Autorità per le Garanzie nelle Comunicazioni
Reference for a preliminary ruling – Freedom to provide services – Providers of information society services – Obligation to be entered in the register of communications operators – Obligation to provide information on structure and organisation – Obligation to make a financial contribution – Directive 2000/31/EC – Coordinated field – Principle of control in the home Member State – Exemptions – Concept of measures ‘taken against a given information society service’ – Regulation (EU) 2019/1150 – Objective
Requests for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-743/22 DISA v Agencia Estatal de la Administración Tributaria
Reference for a preliminary ruling – Taxation of energy products and electricity – Directive 2003/96/EC – Article 5 – Excise duty on mineral oils – Regional rate of excise duties on mineral oils on top of the national rate – Differentiated rates of excise duties in the territory of a Member State according to the region in which the product is consumed
Request for a preliminary ruling from the Tribunal Supremo (Supreme Court, Spain),
Language of the case: Spanish
Case C-130/23 P Vialto Consulting v Commission
Appeal – Instrument for Pre-Accession Assistance – Subsidies – Investigations by the European Anti-Fraud Office (OLAF) – Administrative penalties – Exclusion from public procurement procedures and from procedures for the award of grants financed from the general budget of the European Union – Publication of the exclusion on the website of the European Commission – Proportionality of the penalties – Failure to indicate the absence of a final judgment or a final administrative decision
Language of the case: Greek
Case C-176/23 UG v Raiffeisen Bank
Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 1(2) – Scope – Exclusion of contractual terms reflecting mandatory statutory or regulatory provisions – Supplementary agreement to a credit agreement notified by the seller or supplier to the consumer for the purpose of complying with national legislation – Article 3(2) – Contractual term which has not been individually negotiated – Failure of the consumer to sign the supplementary agreement – Presumption of tacit acceptance of that supplementary agreement – National case-law precluding the courts from reviewing whether a contractual term contained in such a supplementary agreement is unfair
Request for a preliminary ruling from the Tribunalul Specializat Mureş
Language of the case: Romanian
Case C-261/23 P Hengshi Egypt Fiberglass Fabrics and Jushi Egypt for Fiberglass Industry v Commission
Appeal – Dumping – Imports of certain woven and/or stitched glass fibre fabrics originating in the People’s Republic of China and Egypt – Implementing Regulation (EU) 2020/492 – Definitive anti-dumping duty – Calculation of the normal value – Regulation (EU) 2016/1036 – Article 2(5) – Calculation of costs associated with the production and sale of a product under investigation on the basis of records of the party under investigation – Costs not reasonably reflected in records – Adjustment on the basis of the costs of other producers or exporters in the same country or on any other reasonable basis – European Commission’s discretion
Language of the case: English
Information (on unpublished decisions)
Case C-348/23 KCB and MB v BNP Paribas Bank Polska
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 6(1) and Article 7(1) – Mortgage credit agreement in foreign currency – Unfair terms concerning the currency conversion – Invalidity of the contract – Legal effects – Condition precedent – Declaration by the consumer
Case C-424/22 WN v Santander Bank Polska
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Articles 6(1) and 7(1) – Effects of a declaration that a term is unfair – Mortgage loan agreement indexed to a foreign currency, containing unfair terms concerning the valuation and the rate of exchange – Nullity of that agreement – Restitutory effects – Right of retention
Case C-688/23 P Wyrębski v QC and Others
Case C-689/23 P Wyrębski v QC and Others
Case C-390/23 Rzecznik Finansowy
Case C-287/23 'Entain Services (Bulgaria)' v Direktor na Direktsia 'Obzhalvane i danachno-osiguritelna praktika' Sofia pri Tsentralno upravlenie na Natsionalna agentsia za prihodite
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Freedom of establishment – Restrictions – Corporation tax – Taxation of dividends – Companies registered in Gibraltar
Case C-332/18 P-DEP DEI v Mytilinaios
Case C-190/23 Criminal proceedings against VGG and Others
Case C-663/17 P-DEP ECB v Trasta Komercbanka and Others
Taxation of costs
Case C-207/24 P Levantur v EUIPO
Case C-208/24 P Levantur v EUIPO
Case C-797/21 Y.Ya. v K.P. (Secondment of judges)
Reference for a preliminary ruling – Article 267 TFEU – Article 53(2) of the Rules of Procedure of the Court of Justice – Second subparagraph of Article 19(1) TEU – Rule of law – Effective judicial protection in the fields covered by EU law – Principle of judicial independence – Instruction given by a higher court to a court of first instance to rule on the costs – National provisions relating to the detailed rules for the secondment of judges to a higher court – Interpretation sought by the court of first instance – Necessity of the interpretation sought to enable the referring court to give judgment – None – Manifest inadmissibility
Case C-785/22 P-OST Eulex Kosovo
Article 155 of the Rules of Procedure of the Court of Justice – Failure to adjudicate – None
Case C-312/23 Addiko Bank v Agencija za zaštitu osobnih podataka
Case C-446/23 Warmeston v Elering
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – State aid – Renewable energy subsidy – Construction of a combined heat and power installation – Decision C(2017) 8456 final – Amendments to the Estonian support scheme for electricity produced from renewable sources and efficient cogeneration – Recitals 42 and 43 – Concepts of ‘project’ and ‘start of works’ – Type and intensity of the scrutiny that must be conducted by the competent national authority
Case C-78/24 P Cruelty Free Europe v ECHA
Appeal – Regulation (EC) No 1907/2006 (REACH) – ECHA – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-79/24 P Cruelty Free Europe v ECHA
Appeal – Regulation (EC) No 1907/2006 (REACH) – ECHA – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-720/21 Rzecznik Praw Obywatelskich (Polish extraordinary appeal)
Case C-43/22 Prokurator Generalny v D.J. and Others (Polish extraordinary appeal II)
Case C-353/21 P Ryanair v Commission
Appeal – State aid – Article 107(3)(b) TFEU – Finnish air-transport market – Aid granted by the Republic of Finland to an airline amid the COVID-19 pandemic – Temporary Framework for State aid measures – State guarantee for a loan – Decision by the European Commission not to raise objections – Aid intended to remedy a serious disturbance in the economy – Principles of proportionality and of non-discrimination – Freedom of establishment and freedom to provide services
Case C-110/23 P Autoridad Portuaria de Bilbao v Commission
Appeal – State aid – Ports sector – Corporate tax exemption scheme implemented by Spain in favour of ports in the province of Biscay – Decision declaring the aid incompatible with the internal market – Existing aid – Advantage – Burden of proof – Appropriate measures
Case C-325/23 JF and OP v Deutsche Bank Polska
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 93/13/EEC – Unfair terms in consumer contracts – Loan agreement denominated in a foreign currency containing unfair terms concerning the exchange rate risk and the exchange rate differential – Article 3(1) and (2) – Terms which have not been individually negotiated – Article 4 – Assessment of the unfairness of contractual terms – Requirement that a contractual term be drafted in plain, intelligible language – Article 6 – Consequences of a finding that a contractual term is unfair
Case C-152/24 P Good Services v EUIPO
Case C-153/24 P Good Services v EUIPO
Case C-154/24 P Good Services v EUIPO
June 2024
Case C-547/22 INGSTEEL v Úrad pre verejné obstarávanie
Reference for a preliminary ruling – Review procedures in respect of the award of public supply and public works contracts – Directive 89/665/EEC – Article 2(1)(c) – Compensation awarded to a tenderer unlawfully excluded from a procedure for the award of a public contract – Scope – Loss of opportunity
Request for a preliminary ruling from the Okresný súd Bratislava II
Language of the case: Slovak
Case C-166/23 Naturvårdsverket v Nouryon Functional Chemicals
Reference for a preliminary ruling – Environment – Directive 2003/87/EC – Annex I, point 5 – Atmospheric pollution – Scheme for greenhouse gas emission allowance trading – Exclusion of units for the incineration of hazardous or municipal waste – Relevance of the purpose of incineration
Request for a preliminary ruling from the Svea hovrätt, Mark- och miljööverdomstolen
Language of the case: Swedish
Joined Cases C-255/23 and C-285/23 Criminal proceedings against AVVA and Others (Trial by videoconference in the absence of a European Investigation Order)
References for a preliminary ruling – Judicial cooperation in criminal matters – European Investigation Order – Directive 2014/41/EU – Article 24 – Hearing by videoconference or other audiovisual transmission – Criminal prosecution initiated in a Member State against a person residing in another Member State – Possibility for that person to participate in his or her trial by videoconference in the absence of a European Investigation Order
Requests for a preliminary ruling from the Ekonomisko lietu tiesa
Language of the case: Latvian
Case C-381/23 ZO v JS
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction in matters relating to maintenance obligations – Regulation (EC) No 4/2009 – Article 12(1) – Lis pendens – Article 13 – Related actions – Concept
Request for a preliminary ruling from the Amtsgericht Mönchengladbach-Rheydt
Language of the case: German
Case C-646/21 K and L v Staatssecretaris van Justitie en Veiligheid (Women identifying with the value of gender equality)
Reference for a preliminary ruling – Area of freedom, security and justice – Common asylum policy – Directive 2011/95/EU – Qualification for refugee status – Article 2(d) and (e) – Reasons for persecution – Article 10(1)(d) and (2) – ‘Membership of a particular social group’ – Article 4 – Individual assessment of the facts and circumstances – Directive 2013/32/EU – Article 10(3) – Requirements for the examination of applications for international protection – Article 24(2) of the Charter of Fundamental Rights of the European Union – Best interests of the child – Determination – Third-country nationals who are minors and who identify with the fundamental value of equality between women and men by reason of their stay in a Member State
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats 's-Hertogenbosch
Language of the case: Dutch
Case C-221/22 P Commission v Deutsche Telekom
Appeal – Competition – Articles 266 and 340 TFEU – Judgment reducing the amount of a fine imposed by the European Commission – Repayment by the Commission of the amount unduly collected – Obligation to pay interest – Characterisation – Compensation at a standard rate for loss of enjoyment of the unduly paid amount of the fine – Rate applicable
Language of the case: German
Case C-123/22 Commission v Hungary (Reception of applicants for international protection II)
Failure of a Member State to fulfil obligations – Area of freedom, security and justice – Directives 2008/115/EC, 2013/32/EU and 2013/33/EU – Procedure for granting international protection – Effective access – Border procedure – Procedural safeguards – Return of illegally staying third-country nationals – Appeals brought against administrative decisions rejecting an application for international protection – Right to remain in the territory – Judgment of the Court establishing a failure to fulfil obligations – Non-compliance – Article 260(2) TFEU – Financial penalties – Proportionality and dissuasiveness – Lump sum – Periodic penalty payment
Language of the case: Hungarian
Joined Cases C-331/22 and C-332/22 KT and Others v Dirección General de la Función Pública, adscrita al Departamento de la Presidenia de la Generalitat de Catalunya and Departamento de Justicia de la Generalitat de Catalunya
References for a preliminary ruling – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Fixed-term employment contracts in the public sector – Interim civil servants – Clause 5 – Measures to prevent and penalise the improper use of successive fixed-term employment contracts or relationships
Requests for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo n.º 17 de Barcelona
Language of the case: Spanish
Case C-533/22 Adient v Agenţia Naţională de Administrare Fiscală and Agenţia Naţională de Administrare Fiscală – Direcţia Generală Regională a Finanţelor Publice Ploieşti
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 44 – Implementing Regulation (EU) No 282/2011 – Article 11(1) – Place of supply of services – Concept of a ‘fixed establishment’ – Ability, in terms of human and technical resources, to receive and use the services for its own needs – Services for the manufacture of car seat covers performed by one company on behalf of another company, belonging to the same group and established in another Member State’
Request for a preliminary ruling from the Tribunalul Argeş
Language of the case: Romanian
Case C-563/22 SN and LN v Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite (Refugee status of Palestinian stateless persons)
Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Directive 2011/95/EU – Article 12 – Exclusion from being a refugee – Person registered with the United Nations Relief and Works Agency (for Palestine Refugees in the Near East) (UNRWA) – Conditions for that person to be entitled ipso facto to the benefits of Directive 2011/95/EU – Cessation of UNRWA’s protection or assistance – Article 4 – General situation prevailing in a sector of UNRWA’s area of operations – Individual assessment of relevant elements – Directive 2013/32/EU – Article 40 – Subsequent application for international protection – New elements – Elements already examined in the final decision on the previous application
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C-696/22 C v AJFP Cluj and DGRFP Cluj-Napoca (Court-appointed administrators and liquidators)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 64(1) and (2) – Applicability – Services of court-appointed administrators and liquidators – Continuous supply of services – Article 168(a) – Deduction of input VAT – Expenditure relating to the right to use a trade name – Rights of the defence – Right to be heard
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
Case C-731/22 IJ und PO and IJ v Agrarmarkt Austria
Reference for a preliminary ruling – Agriculture – Common agricultural policy (CAP) – Support schemes – Direct payments to farmers – Regulation (EU) No 1307/2013 – Article 4(1)(b) and (c) – Concept of ‘holding’ – Management by a farmer – Concept of ‘agricultural activity’ – Article 33(1) – Concept of ‘agricultural area at the farmer’s disposal on a date fixed by the Member State’, for the purposes of the activation of payment entitlements – Seasonal handover, in return for a fee, of parcels of land owned by the farmer to users who are responsible for the maintenance of those parcels and for the harvest
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-737/22 Staten og Kommunernes Indkøbsservice v BibMedia
Reference for a preliminary ruling – Award of public works, public supply and public service contracts – Directive 2014/24/EU – Article 18 – Principles of equal treatment and transparency – Article 46 – Division of a contract into lots – Opportunity for the tenderer which submitted the second most economically advantageous tender to be awarded a lot on the terms of the most economically advantageous tender
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
Case C-40/23 P Commission v Netherlands (Appréciation de compatibilité d’une mesure non qualifiée d’aide d’État)
Appeal – State aid – Law prohibiting the use of coal for the production of electricity – Early closure of a coal-powered power plant – Award of compensation – Decision declaring the measure compatible with the internal market without stating whether State aid exists – Exercise of the European Commission’s powers
Language of the case: Dutch
Case C-62/23 Pedro Francisco v Subdelegación del Gobierno en Barcelona
Reference for a preliminary ruling – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Directive 2004/38/EC – Article 27 – Restrictions on the right of entry and the right of residence on grounds of public policy, public security or public health – Conduct representing a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society – Refusal to issue a temporary residence card of a family member of a Union citizen due to a police record – Unfavourable police report due to arrest
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo n° 5 de Barcelona
Language of the case: Spanish
Case C-104/23 A GmbH & Co. KG v Hauptzollamt B
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Classification of goods – Combined Nomenclature – Tariff heading 9406 00 – Prefabricated buildings – Scope of the concept of ‘building’ – Calf hutches – Request for classification under subheading 9406 00 80 – Classified under subheading 3926 90 97
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-229/23 Criminal proceedings against HYA and Others
Reference for a preliminary ruling – Telecommunications sector – Processing of personal data and the protection of privacy – Directive 2002/58/EC – Article 15(1) – Restriction of the confidentiality of electronic communications – Judicial decision authorising listening, tapping and storage in respect of telephone conversations of persons suspected of having committed a serious intentional offence – National legislation requiring that that decision must itself contain an express statement of reasons in writing, irrespective of the existence of a reasoned application made by the criminal authorities – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Obligation to state reasons
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
Case C-266/23 A. v Dyrektor Izby Administracji Skarbowej w Bydgoszczy (Actual cost of energy)
Reference for a preliminary ruling – Directive 2003/96/EC – Article 2(4)(b), third indent – Article 17(1)(a) – Excise duty – Taxation of energy products and electricity – Electricity used in electrolysis – Tax reductions on the consumption of energy products and electricity for energy-intensive businesses – Purchase of energy products and electricity – Actual cost of energy purchased – Distribution tariffs – Criteria for exemption – Principle of equality and non-discrimination
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-385/23 Matkustaja A v Finnair (Fuel gauge design defect)
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(3) – Compensation for passengers in the event of long delay or cancellation of flights – Exemption from the obligation to pay compensation – Extraordinary circumstances – Technical failures caused by a hidden design defect revealed by the manufacturer after cancellation of the flight – System for measuring the quantity of fuel in the aircraft
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
Case C-411/23 D. v P. (Engine design defect)
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(3) – Compensation for passengers in the event of long delay or cancellation of flights – Exemption from the obligation to pay compensation – Extraordinary circumstances – Reasonable preventive measures – Technical failures caused by a hidden design defect – Design defect affecting an aircraft engine – Obligation of the air carrier to have back-up aircraft
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
Case C-352/22 A. (Request for the extradition of a refugee to Türkiye)
Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2011/95/EU – Article 21(1) – Directive 2013/32/EU – Article 9(2) and (3) – Definitive grant of refugee status by a Member State – Refugee residing in another Member State after that grant – Request for extradition submitted by the third State of origin of that refugee to the Member State of residence – Effect of the decision granting refugee status on the extradition procedure concerned – Article 18 and Article 19(2) of the Charter of Fundamental Rights of the European Union – Protection of that refugee against the extradition sought
Request for a preliminary ruling from the Oberlandesgericht Hamm
Language of the case: German
Case C-551/22 P Commission v SRB
Appeal – Economic and monetary policy – Banking Union – Regulation (EU) No 806/2014 – Single resolution mechanism – Resolution procedure applicable where an entity is failing or is likely to fail – Article 18(7) – Adoption by the Single Resolution Board of a resolution scheme – Endorsement of that scheme by the European Commission – Article 86(2) – Act against which proceedings may be brought – Action for annulment – Admissibility
Language of the case: Spanish
Case C-753/22 QY v Bundesrepublik Deutschland (Effect of a decision granting refugee status)
Reference for a preliminary ruling – Area of freedom, security and justice – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 33(2)(a) – No possibility for the authorities of a Member State to reject an application for asylum as inadmissible on the ground that refugee status was previously granted in another Member State – Article 4 of the Charter of the Fundamental Rights of the European Union – Risk of being subjected to inhuman or degrading treatment in that other Member State – Examination by those authorities of that application for asylum despite the granting of refugee status in that other Member State – Directive 2011/95/EU – Article 4 – Individual examination
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-801/21 P EUIPO v Indo European Foods
Appeal – EU trade mark – Application for EU figurative mark Abresham Super Basmati Selaa Grade One World’s Best Rice – Earlier non-registered United Kingdom word mark BASMATI – Regulation (EC) No 207/2009 – Article 8(4) – Regulation (EU) 2017/1001 – Article 72 – Relative ground for refusal – Opposition – Appeal before the Board of Appeal – Dismissal – Action before the General Court – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Articles 126 and 127 – Transition period – Effects of the end of the transition period on the protection of the earlier mark – Circumstances after the adoption of the decision at issue – Continuance of the purpose of the action and of the interest in bringing proceedings
Language of the case: English
Case C-85/22 Commission v Bulgaria (Protection of special areas of conservation)
Failure of a Member State to fulfil obligations – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 4(4) and Article 6(1) – Failure to designate special areas of conservation, conservation objectives and conservation measures
Language of the case: Bulgarian
Joined Cases C-182/22 and C-189/22 JU and SO v Scalable Capital
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 82 – Right to compensation for damage caused by data processing that infringes that regulation – Concept of ‘non-material damage’ – Compensation of a punitive nature or purely in respect of damages and satisfaction – Minimal or symbolic compensation – Theft of personal data stored on a trading application – Identity theft or fraud
Request for a preliminary ruling from the Amtsgericht München
Language of the case: German
Case C-540/22 SN and Others v Staatssecretaris van Justitie en Veiligheid (Posting of third-country workers)
Reference for a preliminary ruling – Freedom to provide services – Articles 56 and 57 TFEU – Posting of third-country workers by an undertaking of one Member State to carry out works in another Member State – Duration exceeding 90 days in a 180-day period – Obligation for the posted third-country workers to be holders of residence permits in the host Member State in the event that services are provided for more than three months – Limitation of the period of validity of the residence permits issued – Amount of the fees relating to the application for a residence permit – Restriction on the freedom to provide services – Overriding reasons in the public interest – Proportionality
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Middelburg
Language of the case: Dutch
Case C-590/22 AT and BT v PS and Others (Incorrect address)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 82(1) – Right to compensation for damage caused by data processing which infringes that regulation – Concept of ‘non-material damage’ – Impact of the seriousness of the damage suffered – Assessment of the amount of compensation – Claim for compensation for non-material damage based on fear – Inapplicability of the criteria laid down for administrative fines in Article 83 – Dissuasive function – Assessment where that regulation and national law are infringed simultaneously
Request for a preliminary ruling from the Amtsgericht Wesel
Language of the case: German
Case C-35/23 Père v Mère
Reference for a preliminary ruling – Judicial cooperation in civil matters – Parental responsibility – Regulation (EC) No 2201/2003 – Articles 10 and 11 – Jurisdiction in cases of the wrongful removal of a child – Child’s habitual residence in a Member State before the wrongful removal – Return procedure between a third country and a Member State – Concept of ‘request for return’ – The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction
Request for a preliminary ruling from the Oberlandesgericht Frankfurt am Main
Language of the case: German
Case C-135/23 GEMA v GL
Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Directive 2001/29/EC – Article 3(1) – Communication to the public – Concept – Mere provision of physical facilities – Provision in apartments of television sets equipped with an indoor antenna enabling signals to be picked up and broadcasts to be made – Profit-making nature – Principle of technological neutrality
Request for a preliminary ruling from the Amtsgericht Potsdam
Language of the case: German
Case C-296/23 Zentrale zur Bekämpfung unlauteren Wettbewerbs v dm-drogerie markt
Reference for a preliminary ruling – Approximation of laws – Biocidal products – Regulation (EU) No 528/2012 – Article 72 – Disinfectant containing biocidal products – Advertising restrictions – Concept of ‘any similar indication’ – Purpose of ensuring a high level of protection of both human and animal health and the environment
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-367/23 EA v Artemis security
Reference for a preliminary ruling – Protection of the safety and health of workers – Organisation of working time – Directive 2003/88/EC – Article 9(1)(a) – Obligation to assess the health of night workers – Employer’s failure to comply with that obligation – Right to compensation – Need to establish the existence of specific harm
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
Case C-420/23 FAURÉCIA v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Taxation – Article 63 TFEU – Free movement of capital – Stamp duty – Short-term cash transactions – Resident and non-resident borrowers – Difference in treatment – Restriction
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-626/22 C. Z. and Others v Ilva and Others
Reference for a preliminary ruling – Environment – Article 191 TFEU – Industrial emissions – Directive 2010/75/EU – Integrated pollution prevention and control – Articles 1, 3, 8, 11, 12, 14, 18, 21 and 23 – Articles 35 and 37 of the Charter of Fundamental Rights of the European Union – Procedures for the grant and reconsideration of a permit to operate an installation – Measures for the protection of the environment and human health – Right to a clean, healthy and sustainable environment
Request for a preliminary ruling from the Tribunale di Milano
Language of the case: Italian
Case C-176/19 P Commission v Servier and Others
Appeal – Competition – Pharmaceutical products – Market for perindopril – Article 101 TFEU – Agreements, decisions and concerted practices – Market sharing – Potential competition – Restriction of competition by object – Strategy to delay the market entry of generic versions of perindopril – Patent dispute settlement agreement – Patent licence agreement – Technology assignment and licence agreement – Article 102 TFEU – Relevant market – Abuse of dominant position
Language of the case: French
Case C-201/19 P Servier and Others v Commission
Appeal – Competition – Pharmaceutical products – Market for perindopril – Article 101 TFEU – Agreements, decisions and concerted practices – Potential competition – Restriction of competition by object – Strategy to delay the market entry of generic versions of perindopril – Patent dispute settlement agreement – Duration of the infringement – Concept of a single infringement – Annulment or reduction of the fine
Language of the case: French
Case C-41/23 AV and Others v Ministero della Giustizia
Reference for a preliminary ruling – Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 2 and 4 – Principle of non-discrimination – Equal treatment in employment and occupation – Honorary members of the judiciary and ordinary members of the judiciary – Clause 5 – Measures intended to penalise improper use of fixed-term contracts – Directive 2003/88/EC – Article 7 – Paid annual leave
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-148/23 Gestore dei Servizi Energetici v Erg Eolica Ginestra and Others
Reference for a preliminary ruling – Environment – Directive 2009/28/EC – Article 1 – Article 3(3)(a) – Principles of legal certainty and the protection of legitimate expectations – Charter of Fundamental Rights of the European Union – Article 16 – Promotion of the use of energy from renewable sources – Alteration of the applicable support scheme – Grant of the aid concerned subject to the conclusion of contracts
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-168/23 Prysmian Cabluri şi Sisteme v Agenţia Naţională de Administrare Fiscală – Direcţia Generală Regională a Finanţelor Publice Craiova and Others
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Combined Nomenclature – Tariff classification – Optical fibre cables – Subheadings 8544 70 00 and 9001 10 90 – Amendment of the Explanatory Notes to the Combined Nomenclature – Principles of legal certainty and protection of legitimate expectations
Request for a preliminary ruling from the Tribunalul Olt
Language of the case: Romanian
Case C-284/23 TC v Haus Jacobus
Reference for a preliminary ruling – Social policy – Measures to encourage improvements in the safety and health of pregnant workers and workers who have recently given birth or are breastfeeding – Directive 92/85/EEC – Prohibition of dismissal – Worker who became aware of her pregnancy after the expiry of the time limit for bringing an action challenging her dismissal – Option to bring such an action subject to the making of a request for leave to bring an action out of time within two weeks – Right to effective judicial protection – Principle of effectiveness
Request for a preliminary ruling from the Arbeitsgericht Mainz
Language of the case: German
Information (on unpublished decisions)
Case C-103/23 P Trasta Komercbanka v ECB
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Article 19 of the Statute of the Court of Justice of the European Union – Representation of the parties – No independent representative – Manifest inadmissibility
Case C-659/23 P LD v EUIPO
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Staff Regulations of Officials of the European Union – Article 42c – Placement on leave in the interests of the service – Withdrawal of rights and privileges – Article 90 of the Statute – Concept of ‘decision’ and ‘complaint’ – Period for lodging an appeal – Inadmissibility
Case C-441/21 P Ryanair v Commission
Appeal – State aid – Article 107(3)(b) TFEU – Aid scheme notified by the Kingdom of Spain – Recapitalisation fund to support strategic undertakings amid the COVID-19 pandemic – Temporary Framework for State aid measures – Decision by the European Commission not to raise objections – Aid to remedy a serious disturbance in the economy – Principles of proportionality and non-discrimination – Freedom of establishment and freedom to provide services
Joined Cases C-156/24, C-157/24 and C-183/24 STM and Others v Ministero della Giustizia
Joined Cases C-244/24 and C-290/24 P and Others v Staatssecretaris van Justitie en Veiligheid
Case C-380/23 UN v État belge
Case C-165/24 P OmniActive Health Technologies v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-599/23 QP v Natsionalna agentsia za prihodite and Others
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Directive 95/46/EC – Processing of personal data in the context of enforcement proceedings – Requirement to present the factual and regulatory context of the dispute in the main proceedings – Requirement to state the reasons justifying the need for a reply from the Court and the link between the provisions of European Union law whose interpretation is sought and the applicable national legislation – Lack of sufficient information – Manifest inadmissibility
Case C-252/23 P Euranimi v Commission
Appeal – Commercial policy – Dumping – Imports of stainless steel cold-rolled flat products originating in India and Indonesia – Definitive anti-dumping duties – Action for annulment – Association of undertakings representing the interests of importers – Fourth paragraph of Article 263 TFEU – Condition that the applicant must be directly and individually concerned – Regulatory act entailing implementing measures
Case C-463/23 Agenzia Entrate, Direzione Provinciale Roma 1 v Lamaro Appalti
Case C-810/23 Prokurator Generalny
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Definition of ‘court or tribunal’ – Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Extraordinary Review and Public Affairs Chamber) of the Sąd Najwyższy (Supreme Court, Poland) – Reference for a preliminary ruling from an adjudicating panel which does not have the status of an independent and impartial tribunal previously established by law – Manifest inadmissibility
Case C-64/24 Criminal proceedings against ML and Others
Case C-401/23 CARCDSF v E... D...
Case C-763/23 Direcţia Generală Regională a Finanţelor Publice Iaşi and Direcţia Generală Regională a Finanţelor Publice Iaşi - Administraţia Judeţeană a Finanţelor Publice Bacău v Dragoram Tour
Case C-144/19 P Lupin v Commission
Appeal – Competition – Pharmaceutical products – Market for perindopril – Article 101 TFEU – Agreements, decisions and concerted practices – Potential competition – Restriction of competition by object – Strategy to delay the market entry of generic versions of perindopril – Patent dispute settlement agreement
Case C-151/19 P Commission v KRKA
Appeal – Competition – Pharmaceutical products – Market for perindopril – Article 101 TFEU – Agreements, decisions and concerted practices – Market sharing – Potential competition – Restriction of competition by object – Strategy to delay the market entry of generic versions of perindopril – Patent dispute settlement agreement – Patent licence agreement – Technology assignment and licence agreement
Case C-164/19 P Niche Generics v Commission
Appeal – Competition – Pharmaceutical products – Market for perindopril – Article 101 TFEU – Agreements, decisions and concerted practices – Potential competition – Restriction of competition by object – Strategy to delay the market entry of generic versions of perindopril – Patent dispute settlement agreement
Case C-166/19 P Unichem Laboratories v Commission
Appeal – Competition – Pharmaceutical products – Market for perindopril – Article 101 TFEU – Agreements, decisions and concerted practices – Potential competition – Restriction of competition by object – Strategy to delay the market entry of generic versions of perindopril – Patent dispute settlement agreement
Case C-197/19 P Mylan Laboratories and Mylan v Commission
Appeal – Competition – Pharmaceutical products – Market for perindopril – Article 101 TFEU – Agreements, decisions and concerted practices – Potential competition – Restriction of competition by object – Strategy to delay the market entry of generic versions of perindopril – Patent dispute settlement agreement
Case C-198/19 P Teva UK and Others v Commission
Appeal – Competition – Pharmaceutical products – Market for perindopril – Article 101 TFEU – Agreements, decisions and concerted practices – Potential competition – Restriction of competition by object – Strategy to delay the market entry of generic versions of perindopril – Patent dispute settlement agreement
Case C-207/19 P Biogaran v Commission
Case C-225/23 FR v Nemzeti Adó-és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Freedom of establishment – Fourth Directive 78/660/EEC – Annual accounts of certain types of companies – Scope – Personal taxpayer – Determination of the tax base
Case C-332/24 P(R) ID Parti v Authority for European Political Parties and European Political Foundations
Appeal – Interim relief – Statute and funding of European political parties and European political foundations – Decision imposing a financial sanction on a political party – No urgency – Financial loss – Influence on the electoral process – Burden of proof
July 2024
Case C-425/22 MOL v Mercedes-Benz Group
Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 7(2) – Jurisdiction in tort, delict or quasi-delict – Place where the damage occurred – Cartel declared contrary to Article 101 TFEU and Article 53 of the Agreement on the European Economic Area – Subsidiaries established in different Member States – Direct damage exclusively suffered by subsidiaries – Action for damages from the parent company – Concept of ‘economic unit’
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Case C-450/22 Caixabank and Others v Adicae and Others (Review of transparency in collective actions)
Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Mortgage loan agreements – Clauses limiting the variation of the interest rates – ‘Floor’ clauses – Collective action seeking an order to cease and desist from using those clauses and reimbursement of the payments made in that respect, involving a significant number of sellers or suppliers and consumers – Plain and intelligible nature of those clauses – Concept of the ‘average consumer who is reasonably well informed and reasonably observant and circumspect’
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-538/22 SB v Agrárminiszter (Taux de vêlage)
Reference for a preliminary ruling – Agriculture – Common Agricultural Policy – Regulation (EU) No 1307/2013 – Article 52 – Delegated Regulation (EU) No 639/2014 – Article 53(1) – Definition of eligibility criteria for coupled support measures – Competence of the Member States – Delegated Regulation (EU) No 640/2014 – Points 16 and 18 of the second subparagraph of Article 2(1) – Distinction between ‘declared animals’ and ‘animals determined’ – Article 30(3) – Support calculated on the basis of animals determined – Article 31(1) to (3) – Administrative penalties for non-compliance among declared animals – Application for coupled support linked to the keeping of suckler cows – Calving rate set in national regulations not reached by all declared animals – Rate achieved by a smaller number of those animals – National practice refusing support
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-708/22 Asoprovac v Administración General del Estado
Reference for a preliminary ruling – Direct payments to farmers under support schemes within the framework of the common agricultural policy – Financing, management and monitoring of the common agricultural policy – Permanent public grassland – Conditions for access to direct payments for farmers – Animals must belong to the farmers’ own agricultural holding
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-760/22 FP and Others v Sofiyska gradska prokuratura (Procès par visioconférence)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/343 – Right to be present at the trial – Possibility for an accused person to participate in the hearings in his or her trial by videoconference
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
Case C-5/23 P EUIPO v KD
Appeal – Civil service – Members of the temporary staff – Staff report – Obligation to state reasons – Duty to have regard for the welfare of officials – Action for annulment and for damages
Language of the case: English
Case C-70/23 P Westfälische Drahtindustrie and Pampus Industriebeteiligungen v Commission
Appeal – Competition – Agreements, decisions and concerted practices – European market for prestressing steel – Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area (EEA) – Judgment annulling the decision in part and fixing a fine in an amount identical to the amount of the fine initially imposed – Application of payments made on a provisional basis – Decision of the European Commission on the outstanding balance of the fine – Due date for payment of a fine, the amount of which has been fixed by the EU judicature, in the exercise of its unlimited jurisdiction
Language of the case: German
Case C-87/23 Latvijas Informācijas un komunikācijas tehnoloģijas asociācija v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Supply of services for consideration – Article 9(1) – Concepts of ‘taxable person’ and ‘economic activity’ – Non-profit association carrying out projects financed by the European Regional Development Fund (ERDF) – Supply of training services through subcontractors – Inclusion of the amount of the subsidy in the taxable amount – Article 73
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
Case C-179/23 Credidam v Guvernul României and Ministerul Finanțelor
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Taxable transactions – Supply of services for consideration – Management fees collected by a collective management organisation for copyright and related rights for the collection, distribution and payment of remuneration due to rightholders – Remuneration not forming part of a taxable transaction
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
Case C-283/23 Criminal proceedings against Procureur du Roi
Reference for a preliminary ruling – Harmonisation of laws – Transport – Road transport – Directive 2014/31/EU – Scope – Non-automatic weighing instruments for the purpose of determining the mass of vehicles – Use of weighing instruments for the purposes of applying national criminal legislation
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-375/23 EN v Udlændingenævnet
Reference for a preliminary ruling – EEC-Turkey Association Agreement – Decision No 1/80 – Article 13 – Standstill clause – Scope – Concept of ‘new restriction’ – National legislation introducing more restrictive conditions for obtaining a permanent residence permit
Request for a preliminary ruling from the Højesteret
Language of the case: Danish
Case C-786/23 P Tomac v Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Article 265 TFEU – Action for failure to act – Full application of the provisions of the Schengen acquis in Romania – Obligation to adopt a decision pursuant to the Act concerning the conditions of accession to the European Union of the Republic of Bulgaria and Romania – Appeal in part manifestly inadmissible and in part manifestly unfounded
Language of the case: French
Case C-787/23 P Tomac v Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Article 263 TFEU – Action for annulment – Full application of the provisions of the Schengen acquis in Romania – Absence of a challengeable act – Required unanimity not achieved – Manifest inadmissibility in part of the action at first instance – Request for a time limit capable of allowing the appeal to be ‘resumed’ – Manifest lack of jurisdiction in part of the General Court of the European Union – Appeal in part manifestly inadmissible and in part manifestly unfounded
Language of the case: French
Case C-288/24 Criminal proceedings against M.R.
Reference for a preliminary ruling – Article 267 TFEU – Criminal proceedings – Accused person remanded in custody – Consequence of a reference for a preliminary ruling on the main proceedings – Refusal by the referring court to continue the proceedings on the substance of the case until the response of the Court of Justice has been received – Duty to proceed expeditiously in criminal proceedings particularly in cases involving detention – Request for recusal of the judge hearing the application for legitimate suspicion of conflict of interests
Request for a preliminary ruling from the Landgericht Berlin
Language of the case: German
Case C-732/23 P Nicolescu and Others v Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Article 263 TFEU – Action for annulment – Full application of the provisions of the Schengen acquis in Romania – Absence of a challengeable act – Absence of the required unanimity – Manifest inadmissibility of the action at first instance – Appeal manifestly unfounded
Language of the case: Romanian
Joined Cases C-554/21, C-622/21 and C-727/21 Financijska agencija v Hann-Invest and Others
References for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Effective legal protection in the fields covered by Union law – Independence of the judiciary – Tribunal previously established by law – Fair hearing – Case-law Registration Service – National legislation providing for a registrations judge to be established in courts of second instance having, in practice, the power to stay the delivery of a judgment, to give instructions to judicial panels and to request that a section meeting be convened – National legislation providing for the power, for meetings of a section or of all judges of a court, to put forward binding ‘legal positions’, including for cases which have already been deliberated
Requests for a preliminary ruling from the Visoki trgovački sud
Language of the case: Croatian
Case C-409/22 UA v EUROBANK BULGARIA
Reference for a preliminary ruling – Free movement of capital – Payment services in the internal market – Directive 2007/64/EC – Concept of ‘payment instrument’ – Power of attorney of an agent acting on behalf of the account holder – Copy of the power of attorney with an ‘apostille’ certificate – Articles 54 and 59 – Consent to the execution of a payment transaction – Concept of ‘authentication’ – Unauthorised payment transactions – Liability of the payment service provider for those transactions – Burden of proof
Request for a preliminary ruling from the Apelativen sad - Sofia
Language of the case: Bulgarian
Case C-461/22 MK v WB (Professional guardian)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 2(2)(c) – Scope – Exclusion – Purely personal or household activity – Article 4(7) – Controller – Former guardian who performed his or her duties in a professional capacity – Article 15 – Access of the person who has been placed under legal guardianship to data collected by that former guardian during the performance of his or her duties
Request for a preliminary ruling from the Landgericht Hannover
Language of the case: German
Case C-598/22 Società Italiana Imprese Balneari v Comune di Rosignano Marittimo and Others
Reference for a preliminary ruling – Article 49 TFEU – Concessions in respect of State-owned coastal land – Expiry and renewal – National rules providing that fixed structures built on State-owned land are to be transferred to the State for no consideration – Restriction – None
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-601/22 Umweltverband WWF Österreich and Others v Tiroler Landesregierung
Reference for a preliminary ruling – Validity and interpretation – Conservation of natural habitats and of wild fauna and flora – Directive 92/43/EEC – Article 12(1) – System of strict protection for animal species – Annex IV – Canis lupus (wolf) – Equal treatment between Member States – Article 16(1) – National authorisation to take a specimen of a wild animal of the canis lupus species – Evaluation of the conservation status of populations of the species concerned – Geographical scope – Determination of the damage – Satisfactory alternative solution
Request for a preliminary ruling from the Landesverwaltungsgericht Tirol
Language of the case: German
Case C-632/22 Volvo v Transsaqui (Service of summons at the registered office of a subsidiary of the defendant)
Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 1393/2007 – Service of judicial and extrajudicial documents – Action for compensation for damage caused by a practice prohibited by Article 101(1) TFEU and by Article 53 of the Agreement on the European Economic Area – Document instituting proceedings served at the seat of a subsidiary of the defendant – Validity of the writ of summons – Charter of Fundamental Rights of the European Union – Article 47 – Right to effective judicial protection
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-757/22 Meta Platforms Ireland v Bundesverband der Verbraucherzentralen und Verbraucherverbände (Representative action)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – First sentence of Article 12(1) – Transparency of information – Article 13(1)(c) and (e) – Obligation of the controller to provide information – Article 80(2) – Representation of data subjects by a consumer protection association – Representative action in the absence of a mandate and independently of the infringement of specific rights of a data subject – Action based on infringement by the controller of its obligation to provide information – Concept of ‘infringement of [the rights of a data subject] as a result of the processing’
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-182/23 Dyrektor Krajowej Informacji Skarbowej v J.S.
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(a) – Article 9(1) – Article 14(2)(a) – Taxable supply of goods – Transfer of the ownership of agricultural land, against payment of compensation, by reason of a decision of the public authority – Expropriation
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
Case C-184/23 Finanzamt T v S
Reference for a preliminary ruling – Common system of value added tax (VAT) – Sixth Directive 77/388/EEC – Article 2(1) – Article 4(4), second subparagraph – Taxable persons – Option for Member States to treat as a single taxable person, known as a ‘VAT group’, persons who, while legally independent, are closely bound to one another by financial, economic and organisational links – Services provided within the VAT group – Taxation of such services – Recipient of the services not entitled to deduct VAT – Risk of tax losses
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-196/23 CL and Others v DB and FOGASA
Reference for a preliminary ruling – Social policy – Directive 98/59/EC – Collective redundancies – Article 1(1)(a) and Article 2 – Obligation to inform and consult workers’ representatives – Scope – Termination of employment contracts on the ground of the employer’s retirement – Articles 27 and 30 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña
Language of the case: Spanish
Case C-265/23 Criminal proceedings against DM and Others (Personne poursuivie bénéficiant de la clôture de la procédure pénale)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Fight against organised crime – Framework Decision 2008/841/JHA – Right to an effective remedy and to a fair trial – Articles 47 and 52 of the Charter of Fundamental Rights of the European Union – Second subparagraph of Article 19(1) TEU – Excessive length of the pre-trial stage of the criminal proceedings – Substantive infringements of procedural rules, but which are capable of being remedied, affecting the indictment – Right of the accused person to have the criminal proceedings against him or her brought to an end
Request for a preliminary ruling from the Okrazhen sad - Sliven
Language of the case: Bulgarian
Case C-279/23 Skarb Państwa - Dyrektor Okręgowego Urzędu Miar w K. v Z (Retard de paiement non significatif ou de créance faible)
Reference for a preliminary ruling – Combating late payment in commercial transactions – Directive 2011/7/EU – Article 6(1) – Fixed minimum sum by way of compensation for recovery costs – Provision of national law permitting the rejection of claims for payment of that fixed sum in cases where the delay is not significant or the claim is small – Obligation to interpret national law in conformity with EU law
Request for a preliminary ruling from the Sąd Rejonowy Katowice - Zachód w Katowicach
Language of the case: Polish
Case C-724/23 ATHINAÏKI ZYTHOPOIIA v Anexartiti Archi Dimosion Esodon
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law or admits of no reasonable doubt – Directive 92/83/EEC – Article 3(1) – Calculation of the amount of excise duty levied on beer – Method of calculating degrees Plato – Legislative amendment intended to clarify that method – Directive (EU) 2020/1151 – Article 1(1) – No effect of that directive on previously existing situations
Request for a preliminary ruling from the Dioikitiko Protodikeio Thessalonikis
Language of the case: Greek
Case C-181/24 Genmab v Szellemi Tulajdon Nemzeti Hivatala
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Medicinal product for human use – Supplementary protection certificate for medicinal products (SPC) – Regulation (EC) No 469/2009 – Conditions for granting – Article 3(d) – First marketing authorisation (MA) – Medicinal products containing the same active ingredient being granted several MAs – Withdrawal of the prior MA
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-235/24 PPU Openbaar Ministerie v S.A.H.
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – Recognition of judgments imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in another Member State – Framework Decision 2008/909/JHA – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Concept of ‘court or tribunal’ – Reassessment at the request of the minister – Manifest inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Gerechtshof Arnhem-Leeuwarden
Language of the case: Dutch
Joined Cases C-771/22 and C-45/23 Bundesarbeitskammer and Others v HDI Global and MS Amlin Insurance
Reference for a preliminary ruling – Directive (EU) 2015/2302 – Package travel and linked travel arrangements – Article 12 – Right to terminate a package travel contract – Entitlement to a full refund of any payments made for the package – Unavoidable and extraordinary circumstances – COVID-19 pandemic – Article 17 – Insolvency of the travel organiser – Security for the refund of all payments made – High level of consumer protection – Principle of equal treatment
Requests for a preliminary ruling from the Bezirksgericht für Handelssachen Wien and Nederlandstalige Ondernemingsrechtbank Brussel
Languages of the case: German and Dutch
Joined Cases C-112/22 and C-223/22 Criminal proceedings against Procura della Repubblica Tribunale di Napoli and Others (Assistance sociale – Discrimination indirecte)
Reference for a preliminary ruling – Status of third-country nationals who are long-term residents – Directive 2003/109/EC – Article 11(1)(d) – Equal treatment – Social security, social assistance and social protection measures – Residency condition of 10 years, the final 2 years of which must be consecutive – Indirect discrimination
Requests for a preliminary ruling from the Tribunale di Napoli
Language of the case: Italian
Joined Cases C-184/22 and C-185/22 IK and CM v KfH Kuratorium für Dialyse und Nierentransplantation
Reference for a preliminary ruling – Social policy – Article 157 TFEU – Equal treatment between men and women in matters of employment and occupation – Directive 2006/54/EC – Article 2(1)(b) and Article 4, first paragraph – Prohibition of indirect discrimination on grounds of sex – Part-time work – Directive 97/81/EC – Framework Agreement on part-time work – Clause 4 – Prohibition on treating part-time workers less favourably than comparable full-time workers – Payment of additional pay only for overtime worked by part-time workers in excess of the normal working hours set for full-time workers
Requests for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Case C-298/22 Banco BPN/BIC Português and Others v Autoridade da Concorrência
Reference for a preliminary ruling – Competition – Agreements, decisions and concerted practices – Adverse effect on competition – Prohibition of restrictive practices – Article 101 TFEU – Agreements between undertakings – Restriction of competition by object – Exchanges of information between credit institutions – Information concerning commercial conditions and production values – Strategic information
Request for a preliminary ruling from the Tribunal da Concorrência, Regulação e Supervisão
Language of the case: Portuguese
Case C-436/22 ASCEL v Administración de la Comunidad de Castilla y León
Reference for a preliminary ruling – Conservation of natural habitats and of wild fauna and flora – Directive 92/43/EEC – Articles 2, 4, 11, 12, 14, 16 and 17 – System of strict protection for animal species – Canis lupus (wolf) – Cynegetic exploitation – Assessment of the conservation status of populations of the species concerned – Conservation status of that species ‘unfavourable-poor’ – Exploitation incompatible with the maintenance or restoration of the species at a favourable conservation status – Taking into account of all the most recent scientific data
Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León
Language of the case: Spanish
Case C-623/22 Belgian Association of Tax Lawyers and Others v Premier ministre/ Eerste Minister
Reference for a preliminary ruling – Administrative cooperation in the field of taxation – Mandatory automatic exchange of information in relation to reportable cross-border arrangements – Directive 2011/16/EU, as amended by Directive (EU) 2018/822 – Article 8ab(1) – Reporting obligation – Article 8ab(5) – Subsidiary obligation to notify – Legal professional privilege – Validity – Articles 7, 20 and 21, and Article 49(1) of the Charter of Fundamental Rights of the European Union – Right to respect for private life – Principles of equal treatment and non-discrimination – Principle of legality in criminal proceedings – Principle of legal certainty
Request for a preliminary ruling from the Cour constitutionnelle
Language of the case: French
Case C-624/22 BP France v Ministre de l’Économie, des Finances et de la Souveraineté industrielle et numérique
Reference for a preliminary ruling – Promotion of the use of energy from renewable sources – Directive 2009/28/EC – Articles 17 and 18 – Directive 2018/2001 – Articles 25, 29 and 30 – Sustainability and greenhouse gas emissions saving criteria – Verification of compliance with those criteria – Biofuels used for transport – Production of fuels using the co-processing procedure – Evidence of compliance with those sustainability criteria – Mass balance method – Methods for evaluating the content of hydrotreated vegetable oils (HVO) in fuels produced using that procedure – Member State’s legislation requiring a physical carbon-14 analysis – Article 34 TFEU – Free movement of goods
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-697/22 P Koiviston Auto Helsinki v Commission
Appeal – State aid – SA.33846 (2015/C) (ex 2014/NN) (ex 2011/CP) – Relevant issue post-dating the publication of the decision initiating the formal investigation procedure – Identification of the beneficiary of the aid – Obligation to publish an amending opening decision – Right of the beneficiary of the aid to submit comments – Essential procedural requirement – Incompatibility with the internal market – Recovery of the aid ordered by the European Commission – Amount to be recovered – Competence of the Member State concerned
Language of the case: Finnish
Case C-713/22 LivaNova v Ministero dell'Economia e delle Finanze and Others
Reference for a preliminary ruling – Companies – Divisions of public limited liability companies – Sixth Directive 82/891/EEC – Article 3(3)(b) – Division by the formation of new companies – Concept of ‘liability … not allocated by the draft terms of division’ – Joint and several liability of those new companies for liabilities resulting from the conduct of the company being divided prior to that division
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-774/22 JX v FTI Touristik (Élément d’extranéité)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 18 – Jurisdiction over consumer contracts – Determination of the international and territorial jurisdiction of the courts of a Member State – International element – Travel in a third State
Request for a preliminary ruling from the Amtsgericht Nürnberg
Language of the case: German
Case C-14/23 XXX v État belge, représenté par la Secrétaire d’État à l’Asile et la Migration
Reference for a preliminary ruling – Immigration policy – Directive (EU) 2016/801 – Conditions of entry and residence of third-country nationals for the purposes of studies – Article 20(2)(f) – Application for admission to the territory of a Member State for the purposes of studies – Other purposes – Refusal of a visa – Grounds for rejection of the application – Failure to transpose – General principle that abusive practices are prohibited – Article 34(5) – Procedural autonomy of the Member States – Fundamental right to an effective judicial remedy – Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-39/23 Keva and Others v Skatteverket
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Taxation of dividends received by pension funds governed by public law – Difference in treatment between resident and non-resident pension funds governed by public law – Exemption only of resident pension funds governed by public law – Comparability of situations – Whether justified – Need to safeguard the objective pursued by social policy – Need to preserve a balanced allocation of the power of taxation of the Member States
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
Case C-119/23 Valančius v Lietuvos Republikos Vyriausybė
Reference for a preliminary ruling – Third subparagraph of Article 19(2) TEU – Second paragraph of Article 254 TFEU – Appointment of Judges of the General Court of the European Union – Independence beyond doubt – Ability required for appointment to high judicial office – National procedure for proposing a candidate for the office of Judge of the General Court of the European Union – Group of independent experts responsible for assessing the candidates – Merit list of candidates meeting the requirements laid down in the third subparagraph of Article 19(2) TEU and the second paragraph of Article 254 TFEU – Proposal of a candidate named on the merit list other than the top-ranked candidate – Opinion of the panel provided for in Article 255 TFEU on the suitability of candidates
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
Case C-174/23 HJ and Others v Twenty First Capital
Reference for a preliminary ruling – Approximation of laws – Directive 2011/61/EU – Alternative investment fund managers (AIFMs) – Operating conditions – Article 13 – AIFM remuneration policies and practices – Scope ratione temporis – Article 61 – Transitional provisions
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-185/23 protectus v Výbor Národnej rady Slovenskej republiky na preskúmavanie rozhodnutí Národného bezpečnostného úradu
Reference for a preliminary ruling – Decision 2013/488/EU – Classified information – Facility Security Clearance – Withdrawal of the clearance – Non-disclosure of classified information on which the withdrawal was based – Article 47 of the Charter of Fundamental Rights of the European Union – Obligation to state reasons – Access to the file – Principle of an adversarial process – Article 51 of the Charter of Fundamental Rights – Implementation of EU law
Request for a preliminary ruling from the Najvyšší správny súd Slovenskej republiky
Language of the case: Slovak
Case C-286/23 Asociaţia Crescătorilor de Vaci 'Bălţată Românească' Tip Simmental v Genetica din Transilvania Cooperativă Agricolă and Agenţia Naţională pentru Zootehnie 'Professor G. K. Constantinescu'
Reference for a preliminary ruling – Common agricultural policy – Regulation (EU) 2016/1012 – Purebred breeding animals – Recognition procedure for breed societies – Approval procedure for breeding programmes – Possibility of refusing to approve a further breeding programme for the same breed, for the same territory, if such approval has potential to compromise an already existing breeding programme – Right of breeders of purebred animals to choose between the various existing breeding programmes
Request for a preliminary ruling from the Curtea de Apel Braşov
Language of the case: Romanian
Case C-202/24 MA
Reference for a preliminary ruling – Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part – Surrender of a person to the United Kingdom for criminal prosecution – Competence of the executing judicial authority – Risk of breach of a fundamental right – Article 49(1) and Article 52(3) of the Charter of Fundamental Rights of the European Union – Principle that offences and penalties must be defined by law – Changes, to the detriment of that person, to the licence regime
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
Case C-318/24 PPU Parchetul de pe lângă Înalta Curte de Casaţie şi Justiţie – D.N.A. Serviciul Teritorial Braşov v P.P.R.
Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Surrender of requested persons to issuing judicial authorities – Respect for fundamental rights – Systemic or generalised deficiencies concerning the independence of the judiciary of the issuing Member State – Deficiencies concerning the absence of proof of the taking of an oath by judges – Prohibition of inhuman or degrading treatment – Detention conditions in the issuing Member State – Assessment undertaken by the executing judicial authority – Refusal by the executing judicial authority to execute the European arrest warrant – Effects of that refusal for the executing judicial authority of another Member State
Request for a preliminary ruling from the Curtea de Apel Braşov
Language of the case: Romanian
Information (on unpublished decisions)
Case C-736/22 P Portugal v Commission (Madeira Free Zone)
Appeal – State aid – Madeira Free Zone – Granting of tax advantages to undertakings – Aid scheme implemented by the Portuguese Republic – Decisions C(2007) 3037 final and C(2013) 4043 final – Decision taken by the European Commission pursuant to the first subparagraph of Article 108(2) TFEU – Regulation (EU) 2015/1589 – Article 1(b)(i) and (ii) – Definitions of ‘existing aid’ and ‘new aid’ – Implementation of existing aid in breach of a condition ensuring compatibility of the aid with the internal market
Case C-430/23 P SN v Parliament
Appeal – European Parliament – Rules governing the payment of expenses and allowances to Members of Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid
Case C-295/24 P Thomas Henry v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-788/23 EUROCASH1 v Iepirkumu uzraudzības birojs and Paula Stradiņa klīniskā universitātes slimnīca
Case C-487/23 Commission v Portugal (Retards de paiement des pouvoirs publics)
Failure of a Member State to fulfil obligations – Directive 2011/7/EU – Combatting late payment in commercial transactions – Article 4 – Commercial transactions between undertakings and public authorities – Obligation of Member States to ensure that public authorities comply with the periods of payment laid down in that article
Case C-561/23 P Thunus and Others v EIB
Case C-248/24 P Puma v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-360/24 P Yeguada de Milagro v Tribunal Constitucional
Case C-708/23 P MeSoFa v Commission and SRB
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Economic and monetary policy – Banking union – Single Resolution Mechanism (SRM) – Regulation (EU) No 806/2014 – Article 18 – Resolution procedure – Adoption of a resolution scheme by the Single Resolution Board (SRB) – No objection from the European Commission or the Council of the European Union – Endorsement of that scheme by the European Commission – Action for annulment – Inadmissibility of the action in so far as it is directed against the Council – Appeal manifestly unfounded
Case C-709/23 P MeSoFa v Commission and SRB
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Economic and monetary policy – Banking union – Single Resolution Mechanism (SRM) – Regulation (EU) No 806/2014 – Article 18 – Resolution procedure – Adoption of a resolution scheme by the Single Resolution Board (SRB) – No objection from the European Commission or the Council of the European Union – Endorsement of that scheme by the European Commission – Action for annulment – Inadmissibility of the action in so far as it is directed against the Council – Appeal manifestly unfounded
Case C-333/24 P Sumol + Compal Marcas v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-689/22 S. G. v Unione di Comuni Alta Marmilla
Case C-397/24 P(R) AQ v ECHA
Appeal – Order for interim measures – Access to documents – Export notifications for hazardous, banned or severely restricted chemicals – Information held by the European Chemicals Agency (ECHA) – Urgency
Case C-591/21 P Ryanair and Laudamotion v Commission
Appeal – State aid – Article 107(2)(b) TFEU – Austrian air transport market – Aid granted by the Republic of Austria to an airline amid the COVID-19 pandemic – Subordinated loan to Austrian Airlines AG – Decision by the European Commission not to raise objections – Aid to make good the damage suffered by a single undertaking – Principles of proportionality and of non-discrimination – Freedom of establishment and freedom to provide services
Case C-768/22 Commission v Portugal (Ingénieurs civils)
Case C-773/22 Commission v Slovakia (Professional qualifications)
Case C-51/23 P Validity v Commission
Appeal – Access to documents – Regulation (EC) No 1049/2001 – Article 4(3) – Access to documents drawn up by an institution for internal use or relating to a matter where a decision has not been taken by that institution – Documents relating to a draft call for proposals co-funded by the European Regional Development Fund (ERDF) – Decision refusing access to documents originating from a Member State – Decision granting access to those documents, adopted after the action for annulment of the decision refusing access was brought – No interest in bringing proceedings
Case C-435/23 Glavna direktsia „Granichna politsia“ kam Ministerstvo na vatreshnite raboti v BO
August 2024
Information (on unpublished decisions)
Case C-470/24 P(R) Vivendi v Commission
September 2024
Joined Cases C-611/22 P and C-625/22 P Illumina and Grail v Commission
Appeal – Competition – Concentrations – Pharmaceutical industry market – Genetic sequencing systems – Acquisition by Illumina Inc. of sole control over Grail LLC – Regulation (EC) No 139/2004 – Article 22 – Referral request from a national competition authority not having competence under national law to examine the concentration – Decision of the European Commission to examine that concentration – Commission decisions accepting requests from other national competition authorities to join the referral request – Competence of the Commission – Legal certainty
Language of the case: English
Case C-447/22 P Slovenia v Commission
Appeal – State aid – Articles 107 and 108 TFEU – Measures granted by the Republic of Slovenia to a municipal network of dispensing pharmacies before its accession to the European Union – Preliminary examination phase – Failure to initiate the formal investigation procedure – Concept of ‘serious difficulties’ – Extent of the European Commission’s investigative duty – Burden of proof on the party relying on the existence of ‘serious difficulties’ – Scope
Language of the case: English
Case C-494/22 P Commission v Czech Republic (Briquets de poche)
Appeal – Own resources of the European Union – Financial liability of a Member State – Payment to the European Commission of amounts corresponding to a loss of own resources – Action based on unjust enrichment of the European Union – Obligations of the Member States with regard to own resources – Establishment of the amounts of own resources – Entry of amounts not recovered in the B account – Time limits – Exemption from making available amounts corresponding to established entitlements declared irrecoverable – Conditions
Language of the case: Czech
Joined Cases C-498/22 to C-500/22 Novo Banco and Others v C.F.O. and Others
Reference for a preliminary ruling – Reorganisation and winding up of credit institutions – Directive 2001/24/EC – Articles 3 and 6 – Reorganisation measure taken in respect of a credit institution – Transfer of the obligations and responsibilities of that credit institution to a ‘bridge bank’ prior to the bringing of a legal action seeking payment of a claim held against that credit institution – Transfer back to the same credit institution of certain of those obligations and responsibilities – Law of the Member State where the proceedings concerned were brought (lex concursus) – Effects of a reorganisation measure in other Member States – Mutual recognition – Effects of a failure to comply with the obligation to publish the reorganisation measure – Articles 17, 21, 38 and 47 of the Charter of Fundamental Rights of the European Union – Right to property – Effective judicial protection – Consumer protection – Directive 93/13/EC – Article 6(1) – Unfair terms – Principles of legal certainty and the protection of legitimate expectations – Whether the ‘bridge bank’ can be sued
Requests for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-603/22 Criminal proceedings against M.S. and Others (Droits procéduraux d’une personne mineure)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/800 – Procedural safeguards for children who are suspects or accused persons in criminal proceedings – Scope – Article 2(3) – Persons who were children on the date on which criminal proceedings were initiated against them but who reach the age of 18 years during the proceedings – Article 4 – Right to information – Article 6 – Right of access to a lawyer – Article 18 – Right to legal aid – Article 19 – Remedies – Admissibility of evidence obtained in breach of procedural rights
Request for a preliminary ruling from the Sąd Rejonowy w Słupsku
Language of the case: Polish
Joined Cases C-639/22 to C-644/22 X and Others v Inspecteur van de Belastingdienst and Inspecteur van de Belastingdienst Maastricht
References for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Exemptions – Article 135(1)(g) – Management of special investment funds – Definition – Pension funds – Comparability with an undertaking for collective investment in transferable securities (UCITS) – Investment risk borne by the members – Scope – Need for comparison with a pension fund regarded by the Member State concerned as a special investment fund
Requests for a preliminary ruling from the Rechtbank Gelderland
Language of the case: Dutch
Joined Cases C-775/22, C-779/22 and C-794/22 M.S.G. and Others v Banco Santander ( Résolution bancaire Banco Popular II)
Reference for a preliminary ruling – Directive 2014/59/EU – Resolution of credit institutions and investment firms – General principles – Article 34(1)(a) and (b) – Bail-in – Write down of capital instruments – Conversion of subordinated obligations into shares and mandatory transfer for no consideration – Effects – Article 38(13) – Article 53(1) and (3) – Article 60(2), first subparagraph, points (b) and (c) – Articles 73 to 75 – Protection of the rights of shareholders and creditors – Purchase of capital instruments – Flawed and incorrect information provided in the prospectus – Action for damages – Action for a declaration of nullity in respect of the agreement for the purchase of capital instruments – Actions brought against the universal successor of the credit institution subject to a resolution decision
Requests for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-67/23 Criminal proceedings against S.Z.
Reference for a preliminary ruling – Common foreign and security policy – Restrictive measures in respect of Burma/Myanmar – Prohibition on the import of goods originating in or exported from Burma/Myanmar – Regulation (EC) No 194/2008 – Article 2(2)(a) – Teak logs originating in Burma/Myanmar exported to and processed in Taiwan before being transported to the European Union – Regulation (EEC) No 2913/92 – Community Customs Code – Article 24 – Concept of ‘substantial processing or working’ – Teak logs that have been debranched, debarked, sawn into the shape of wooden cuboids or cut into sawn teak wood in Taiwan – Certificate of origin issued by the Taiwanese authorities – Value of that certificate for the determination, by the customs authorities of the Member States, of the origin of those teak logs
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-83/23 H v Finanzamt M (Droit direct au remboursement de la TVA)
Reference for a preliminary ruling – Harmonisation of fiscal legislation – Common system of value added tax (VAT) – Directive 2006/112/EC – VAT unduly invoiced and paid – Correction of the invoice – Liquidation of the supplier – Refund to the supplier of the VAT – Refusal of the tax authority to refund the VAT directly to the purchaser – Priority for the right to a VAT refund – Risk of a double refund of the VAT – Risk of loss of tax revenue
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
Case C-86/23 E.N.I. and Y.K.I. v HUK-COBURG-Allgemeine Versicherung
Reference for a preliminary ruling – Judicial cooperation in civil matters – Law applicable to non-contractual obligations – Regulation (EC) No 864/2007 – Article 16 – Overriding mandatory provisions – Road traffic accident – Rights to compensation recognised in respect of the family members of the deceased person – Principle of fairness for the purposes of compensation for non-material damage suffered – Assessment criteria
Request for a preliminary ruling from the Varhoven kasatsionen sad (Bulgarie)
Language of the case: Bulgarian
Case C-109/23 GM and ON v PR
Reference for a preliminary ruling – Common foreign and security policy – Restrictive measures taken in view of Russia’s actions destabilising the situation in Ukraine – Regulation (EU) No 833/2014 – Article 5n(2) and (6) – Prohibition on the direct or indirect provision of legal advisory services to the Russian Government or to legal persons, entities or bodies established in Russia – Exemption concerning the provision of services which are strictly necessary to ensure access to judicial, administrative or arbitration proceedings in a Member State – Authentication and execution, by a notary, of a contract for the sale of immovable property – Assistance provided by an interpreter during such authentication
Request for a preliminary ruling from the Landgericht Berlin
Language of the case: German
Case C-224/23 P PBL and Abdelmouine v Commission
Appeal – State aid – Complaint concerning State aid that enabled a football club to hire a player previously employed by another club – Complaint lodged by one of the socios of the latter club, set up as a not-for-profit association – European Commission decision finding that no ‘interested party’ entitled to lodge a complaint is present – Regulation (EU) 2015/1589 – Article 1(h) – Notions of ‘interested party’ and ‘person whose interests might be affected by the granting of aid’
Language of the case: French
Joined Cases C-256/23 and C-290/23 ECHA v Hallertauer Hopfenveredelungsges. and B.
Reference for a preliminary ruling – Article 299 TFEU – Regulation (EC) No 1907/2006 – Registration, evaluation, authorisation and restriction of chemicals (REACH) – Article 94(1) – Regulation (EC) No 340/2008 – First subparagraph of Article 11(3) and third subparagraph of Article 13(4) – Fees due to the European Chemicals Agency (ECHA) – Fee for registration of a substance – Reduction granted to small and medium-sized enterprises (SMEs) – Verification by ECHA of the declaration relating to the size of the enterprise in question – Failure to provide certain information within the prescribed period – ECHA decision demanding payment of the full fee in question and imposing an administrative charge – Enforcement – Possibility for ECHA to bring an action before a national court in order to obtain payment of that administrative charge
Requests for a preliminary ruling from the Bayerisches Verwaltungsgericht Regensburg and Oberverwaltungsgericht des Landes Sachsen-Anhalt
Language of the case: German
Case C-344/23 Pārtikas drošības, dzīvnieku veselības un vides zinātniskais institūts “BIOR” v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Regulation (EC) No 1186/2009 – Relief from import duties – Article 46 – Tags intended for the marking of fish – Concept of ‘scientific instrument or apparatus’ – Tariff classification – Combined Nomenclature – Subheadings 3926 90 92 and 3926 90 97
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
Case C-465/20 P Commission v Ireland and Apple Sales International
Appeal – State aid – Article 107(1) TFEU – Tax rulings issued by a Member State – Selective tax advantages – Allocation of profits generated by intellectual property licences to branches of non-resident companies – Arm’s length principle
Language of the case: English
Joined Cases C-29/22 P and C-44/22 P KS and Others v Council and Others
Appeal – Common foreign and security policy (CFSP) – Joint Action 2008/124/CFSP – European Union Rule of Law Mission in Kosovo (Eulex Kosovo) – Action for damages – Damage allegedly suffered as a result of various acts and omissions by the Council of the European Union, the European Commission and the European External Action Service (EEAS) in the implementation of that joint action – Insufficient investigation of the torture, disappearance and killing of persons – Jurisdiction of the Court of Justice of the European Union to rule on that action – Last sentence of the second subparagraph of Article 24(1) TEU – Article 275 TFEU
Language of the case: English
Case C-48/22 P Google and Alphabet v Commission
Appeal – Competition – Abuse of dominant position – Markets for online general search services and specialised product search services – Decision finding an infringement of Article 102 TFEU and Article 54 of the Agreement on the European Economic Area (EEA) – Leveraging abuse – Competition on the merits or anticompetitive practice – Dominant undertaking favouring the display of results from its own specialised search service – Potential anticompetitive effects – Causal link between abuse and effects – Burden of proof – Counterfactual scenario – Capability of foreclosing – ‘As-efficient competitor’ test
Language of the case: English
Case C-351/22 Neves 77 Solutions v ANAF - DGAF
Reference for a preliminary ruling – Common Foreign and Security Policy (CFSP) – Restrictive measures adopted in view of the actions of the Russian Federation destabilising the situation in Ukraine – Decision 2014/512/CFSP – Article 2(2)(a) – Jurisdiction of the Court – Final sentence of the second subparagraph of Article 24(1) TEU – Article 275 TFEU – Article 215 TFEU – Article 17 of the Charter of Fundamental Rights of the European Union – Right to property – Principle of legal certainty and principle that penalties must be defined by law – Brokering services in relation to military equipment – Prohibition on providing such services – Failure to notify the competent national authorities – Administrative offence – Fine – Automatic confiscation of the amounts received in consideration for the prohibited transaction
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
Joined Cases C-17/22 and C-18/22 HTB Neunte Immobilien Portfolio and Ökorenta Neue Energien Ökostabil IV v Müller Rechtsanwaltsgesellschaft and Others
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Points (b), (c) and (f) of the first subparagraph of Article 6(1) – Lawfulness of processing – Necessity of processing for the purpose of performing a contract to which the data subject is party – Necessity of processing for the purpose of complying with a legal obligation incumbent on the controller – Necessity of processing for the purposes of the legitimate interests pursued by the controller or by a third party – Investment fund established in the form of a limited partnership offering shares for public subscription – Request of a partner seeking to obtain the contact details of other partners with indirect shareholdings in an investment fund through a trust company
Requests for a preliminary ruling from the Amtsgericht München
Language of the case: German
Case C-548/22 M.M. v Presidenza del Consiglio dei ministri and Others (Rétribution des magistrats honoraires)
Reference for a preliminary ruling – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 4 and 5 – Principle of non-discrimination – Equal treatment in employment and occupation – Honorary and ordinary members of the judiciary – Measures intended to penalise improper use of fixed-term contracts – Fixed-term work – Procedure for the stabilisation of duties – Waiver by operation of law of any claim for the period prior to the stabilisation of duties – Compensation for damage resulting from the failure to properly implement EU law
Request for a preliminary ruling from the Giudice di pace di Fondi
Language of the case: Italian
Case C-579/22 P Anglo Austrian AAB v ECB and Far-East
Appeal – Economic and monetary policy – Directive 2013/36/EU – Access to the activity of credit institutions – Prudential supervision of credit institutions – Regulation (EU) No 1024/2013 – Specific supervisory tasks conferred on the European Central Bank (ECB) – Withdrawal of authorisation – Scope of the ECB’s powers – Regulation (EU) No 468/2014 – Division of powers between the ECB and the national authorities – Prevention of the use of the financial system for the purpose of money laundering and terrorist financing – Findings of the General Court of the European Union with regard to national law – Examination of a potential distortion of national law
Language of the case: German
Case C-709/22 Syndyk Masy Upadłości A v Dyrektor Izby Administracji Skarbowej we Wrocławiu
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Articles 273 and 395 – Implementing Decision (EU) 2019/310 – Fight against VAT fraud – Split payment mechanism – VAT account of an insolvent taxable person – Transfer at the request of the insolvency administrator of funds deposited on the VAT account
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu
Language of the case: Polish
Case C-741/22 Casino de Spa and Others v Belgian State
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 135(1)(i) – Exemptions – Betting, lotteries and other forms of gambling – Conditions and limits – Principle of fiscal neutrality – Maintenance of the effects of a piece of national legislation – Entitlement to refund – Unjust enrichment – State aid – Article 107(1) TFEU – Application for a refund of the tax in the form of damages
Request for a preliminary ruling from the Tribunal de première instance de Liège
Language of the case: French
Case C-63/23 Sagrario and Others v Subdelegación del Gobierno en Barcelona
Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Right to family reunification – Directive 2003/86/EC – Article 16(3) – Refusal to renew the residence permit of the sponsor – Consequences – Refusal to renew the residence permit of the sponsor’s family members – Reason beyond their control – Presence of minor children – Article 15(3) – Conditions for granting an autonomous residence permit – Concept of ‘particularly difficult circumstances’ – Scope – Article 17 – Case-by-case examination – Right to be heard
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo de Barcelona
Language of the case: Spanish
Case C-66/23 Elliniki Ornithologiki Etaireia and Others v Ypourgos Esoterikon and Others
Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Directive 2009/147/EC – Conservation of wild birds – Conservation of natural habitats and of wild fauna and flora – Classification of a territory as a Special Protection Area – ‘Classification’ species – Temporary horizontal measures applied uniformly to all Special Protection Areas – Failure to adopt individualised management plans
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
Case C-73/23 Chaudfontaine Loisirs v Belgian State
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 135(1)(i) – Exemptions – Betting, lotteries and other forms of gambling – Conditions and limits – Principle of fiscal neutrality – Maintenance of the effects of a piece of national legislation – Entitlement to refund – Unjust enrichment
Request for a preliminary ruling from the Tribunal de première instance de Liège
Language of the case: French
Case C-243/23 Belgische Staat / Federale Overheidsdienst Financiën v L BV
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 187 – Adjustment of deductions – Extended adjustment period for immovable property acquired as capital goods – Concept of ‘capital goods’ – Article 190 – Option for Member States to treat as capital goods services with characteristics similar to those normally associated with those goods – Building extension and renovation works – Possibility under national law of treating such works as the construction or acquisition of immovable property – Restrictions – Direct effect of Article 190 – Margin of discretion
Request for a preliminary ruling from the Hof van Beroep te Gent
Language of the case: Dutch
Case C-248/23 Novo Nordisk v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága (TVA – Contributions payées en vertu d’une obligation légale)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 90(1) – Reduction of the taxable amount consequent on a price reduction after the supply takes place – Contributions paid by a pharmaceutical company to the national health insurance agency – National tax legislation excluding contributions paid by a pharmaceutical company to the public health insurance agency pursuant to an ex lege obligation from the benefit of the reduction of the taxable amount
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-352/23 LF v Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite
Reference for a preliminary ruling – Asylum and immigration policy – Charter of Fundamental Rights of the European Union – Scope – Articles 1, 4 and 7 – Directive 2011/95/EU – Scope – Articles 2 and 3 – National protection on humanitarian grounds – Directive 2008/115/EC – Article 14 – No possibility of carrying out the removal – Certification – Rights of an illegally staying third-country national in the event of postponement of removal – Directive 2013/33/EU – Scope – Material Reception Conditions
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
Case C-429/23 NARE-BG v Direktor na direktsia „Obzhalvane i danachno-osiguritelna praktika“
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Right of deduction – Time limits for filing and paying certain taxes – Extension of time on account of the COVID-19 pandemic – Denial of the right to deduct VAT – Time-barred – Principles of equivalence, effectiveness and neutrality of VAT
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
Case C-557/23 SPAR Magyarország v Bács-Kiskun Vármegyei Kormányhivatal
Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Regulation (EU) No 1308/2013 – National legislation laying down regulated prices for certain agricultural products and the obligation to offer for sale a specific quantity of those products – Fines
Request for a preliminary ruling from the Szegedi Törvényszék
Language of the case: Hungarian
Case C-725/20 P Coppo Gavazzi and Others v Parliament
Appeal – Law governing the institutions – Single Statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Adoption by the Italian Chamber of Deputies of a decision on pensions – Change in the amounts of the pensions of members of the Italian Parliament – Corresponding change, by the European Parliament, in the amounts of the pensions of certain former Members of the European Parliament elected in Italy – Replacement of the decisions of the Parliament – Continuing interest in bringing proceedings for annulment of the judgment of the General Court of the European Union
Language of the case: Italian
Joined Cases C-512/22 P and C-513/22 P Fininvest and Berlusconi v ECB
Appeal – Economic and monetary policy – Prudential supervision of credit institutions – Directive 2013/36/EU – Regulation (EU) No 1024/2013 – Specific supervisory tasks assigned to the European Central Bank (ECB) – Assessment of acquisitions of qualifying holdings – Opposition to the acquisition of a qualifying holding
Language of the case: Italian
Joined Cases C-555/22 P, C-556/22 P and C-564/22 P United Kingdom and Others v Commission (Taxation of profits of CFCs)
Appeal – State aid – Aid scheme implemented by the United Kingdom of Great Britain and Northern Ireland in favour of certain multinational groups – Taxation of the non-trading finance profits of controlled foreign companies (CFCs) – Exemptions – Significant people functions – Artificial diversion of profits – Erosion of the tax base – Decision declaring the aid scheme incompatible with the internal market and ordering the recovery of the aid paid – Reference framework – Applicable national law – ‘Normal’ taxation
Language of the case: English
Case C-23/23 Commission v Malta (Dérogation pour des fins de recherche)
Failure of a Member State to fulfil obligations – Directive 2009/147/EC – Conservation of wild birds – Article 5, Article 8(1) and Article 9(1) – Derogation scheme allowing the live-capturing of seven species of wild finches – Member States’ power of derogation for research purposes – Conditions
Language of the case: English
Case C-88/23 Parfümerie Akzente v KTF Organisation
Reference for a preliminary ruling – Electronic commerce – Information society services – Directive 2000/31/EC – Coordinated field – Article 2(h) – Online promotion and sale of cosmetic products – Exclusion from the coordinated field of labelling obligations applicable to products promoted and sold by an information society service provider – Directive 75/324/EEC – Article 8(2) – Regulation (EC) No 1223/2009 – Article 19(5) – Option for the Member State of destination to enforce use of a language of its choice
Request for a preliminary ruling from the Svea Hovrätt
Language of the case: Swedish
Case C-236/23 Matmut v TN and Others
Reference for a preliminary ruling – Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Articles 3 and 13 – Insurance contract concluded on the basis of an intentional false statement concerning the usual driver – National legislation providing that the nullity of an insurance contract may be invoked against a ‘passenger victim’, who is also the insurance policyholder, where that nullity results from an intentional false statement made by that person when the contract was concluded – Abuse of rights – Action brought against the policyholder seeking to establish his liability as a result of his intentional false statement
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-264/23 Booking.com and Booking.com (Deutschland) v 25hours Hotel Company Berlin and Others
Reference for a preliminary ruling – Competition – Article 101 TFEU – Agreements between undertakings – Contracts concluded between an online reservation platform and hoteliers – Price parity clauses – Ancillary restraint – Block exemption – Vertical agreements – Regulation (EU) No 330/2010 – Article 3(1) – Definition of the relevant market
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-273/23 Autorità per le Garanzie nelle Comunicazioni and Others v Telecom Italia and Others (Critère de substituabilité)
Reference for a preliminary ruling – Electronic communications networks and services – Universal service and users’ rights – Directive 97/33/EC – Article 5 – Directive 2002/22/EC – Article 13 – Financing of universal service obligations – Concept of ‘unfair’ or ‘undue’ burden – Definition of the entities participating in the mechanism for financing the net cost of those obligations – National legislation providing for the participation of mobile telephone operators in that mechanism – Criteria – Degree of substitutability between fixed telephony services and mobile telephony services
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-350/23 Vorstand für den Geschäftsbereich II der Agrarmarkt Austria v T F
Reference for a preliminary ruling – Agriculture – Common agricultural policy – Direct support schemes – Delegated Regulation (EU) No 639/2014 – Livestock aid application – Article 53(4) – Conditions for granting coupled support measures for bovine animals – Regulation (EC) No 1760/2000 – Article 7 – Registration of bovine animals – Decision 2001/672/EC – Article 2(2) and (4) – Movement of bovine animals to summer grazing in mountain areas – Late notification – Delegated Regulation (EU) No 640/2014 – Points 2, 15, 16 and 18 of the second subparagraph of Article 2(1) – Article 30(4)(c) – Animal determined – Reduction in coupled support – Article 15(1) – Article 34 – Administrative penalties – Notification of failure to make an entry
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-439/23 KV v Consiglio nazionale delle Ricerche
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Recruitment of a fixed-term worker as a permanent worker – Determination of length of service – Failure to take into account periods of employment completed under fixed-term employment contracts concluded before the expiry of the deadline for the transposition of Directive 1999/70 – Immediate application to the future effects of a situation which arose under the old rule
Request for a preliminary ruling from the Tribunale Civile di Padova
Language of the case: Italian
Case C-501/23 DL v Land Berlin (Actifs d’indépendant)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Insolvency proceedings – Regulation (EU) 2015/848 – Article 3 – International jurisdiction – Centre of main interests of an individual exercising an independent business activity – Concept of ‘principal place of business’ – Concept of ‘establishment’ – Chairman of the supervisory board of a public limited company
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-504/24 PPU Criminal proceedings against RT
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Article 99 of the Rules of Procedure of the Court of Justice – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 4a – Surrender procedure between Member States – Grounds for optional non-execution – Article 48(2) of the Charter of Fundamental Rights of the European Union – Rights of the defence – Directive 2012/13/EU – Article 6 – Right to information in criminal proceedings – Directive 2013/48/EU – Article 3 – Right of access to a lawyer in criminal proceedings – Decision rendered following a trial at which the accused person neither appeared nor was represented by a lawyer – National legislation not permitting refusal to surrender the person concerned – Compliance with EU law
Request for a preliminary ruling from the Corte di Appello di Roma
Language of the case: Italian
Case C-768/21 TR v Land Hessen (Obligation d’agir de l’autorité de protection des données)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 57(1)(a) and (f) – Tasks of the supervisory authority – Article 58(2) – Corrective powers – Administrative fine – Discretion of the supervisory authority – Limits
Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden
Language of the case: German
Joined Cases C-790/21 P and C-791/21 P Covestro Deutschland and Germany v Commission
Appeal – State aid – Aid scheme implemented by the Federal Republic of Germany in favour of large electricity consumers – Exemption from network charges in 2012 and 2013 – Decision declaring the aid scheme incompatible with the internal market – Action for annulment – Time limit for bringing proceedings – Admissibility – Article 107(1) TFEU – Concept of ‘State aid’ – State resources – Parafiscal charge or other compulsory surcharges
Language of the case: German
Joined Cases C-792/21 P and C-793/21 P AZ and Germany v Commission
Appeal – State aid – Aid scheme implemented by the Federal Republic of Germany in favour of large electricity consumers – Exemption from network charges in 2012 and 2013 – Decision declaring the aid scheme incompatible with the internal market – Action for annulment – Time limit for bringing proceedings – Admissibility – Article 107(1) TFEU – Concept of ‘State aid’ – State resources – Parafiscal charge or other compulsory surcharges
Language of the case: German
Joined Cases C-794/21 P and C-800/21 P Germany and Others v Commission
Appeal – State aid – Aid scheme implemented by the Federal Republic of Germany in favour of large electricity consumers – Exemption from network charges in 2012 and 2013 – Decision declaring the aid scheme incompatible with the internal market – Action for annulment – Time limit for bringing proceedings – Admissibility – Article 107(1) TFEU – Concept of ‘State aid’ – State resources – Parafiscal charge or other compulsory surcharges
Language of the case: German
Joined Cases C-795/21 P and C-796/21 P WEPA Hygieneprodukte and Others v Commission
Appeal – State aid – Aid scheme implemented by the Federal Republic of Germany in favour of large electricity consumers – Exemption from network charges in 2012 and 2013 – Decision declaring the aid scheme incompatible with the internal market – Action for annulment – Time limit for bringing proceedings – Admissibility – Article 107(1) TFEU – Concept of ‘State aid’ – State resources – Parafiscal charge or other compulsory surcharges
Language of the case: German
Joined Cases C-160/22 P and C-161/22 P Commission v HB
Appeal – Public supply contracts – Irregularities in the procedure for the award of a public contract – European Commission recovery decision adopted after the signature of the contract – Legal nature – Decision not having effects exclusively in the context of that contract – Protection of the European Union’s financial interests – Administrative measures – Exercise of powers as a public authority – Action for annulment – Article 263 TFEU – Jurisdiction of the EU judicature
Language of the case: French
Case C-255/22 P Orlen v Commission
Appeal – Competition – Gas markets of Central and Eastern Europe – Article 102 TFEU – Article 54 of the Agreement on the European Economic Area – Abuse of dominant position – Upstream gas supplies in Central and Eastern Europe – Regulation (EC) No 1/2003 – Article 9(1) – Decision of the European Commission to make binding the individual commitments proposed by an undertaking – Action for annulment – Adequacy of those commitments in the light of the competition concerns identified in the statement of objections – Nature of the EU Courts’ power of review – Commission decision not to require commitments in relation to some of the initial concerns – Principle of good administration – Principle of proportionality – Obligation to state reasons – Energy policy objectives of the European Union – Article 194 TFEU – Principle of energy solidarity
Language of the case: Polish
Case C-387/22 Nord Vest Pro Sani Pro v Administraţia Judeţeană a Finanţelor Publice Satu Mare and Direcţia Generală Regională a Finanţelor Publice Cluj-Napoca
Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Construction sector – Posting of workers – Tax and social security advantages granted to employees and construction undertakings – Exemption from income tax – Exemption from health insurance contributions – Reduction in social security contributions – National legislation reserving the benefit of those advantages solely to construction services carried out in national territory – Legislation seeking to preserve labour in the national territory and to avoid concealed employment for salary-related reasons – Comparability of situations – Overriding reasons in the public interest – Social security protection of workers – The fight against tax fraud – Proportionality
Request for a preliminary ruling from the Tribunalul Satu Mare
Language of the case: Romanian
Case C-600/22 P CPC and ACO v Parliament
Appeal – Law governing the institutions – Members of the European Parliament – Official communication, by the Member States, of the names of elected Members – Powers of the Parliament – Request for defence of immunity – Acts in respect of which an action for annulment cannot be brought
Language of the case: English
Case C-710/22 P JCDecaux Street Furniture Belgium v Commission
Appeal – State aid – Article 107(1) TFEU – Aid granted by Belgium to JCDecaux Street Furniture Belgium – Advertising displays installed in the City of Brussels (Belgium) – Non-payment of rent and taxes applicable to those displays – Aid declared incompatible with the internal market – Obligation to recover that aid – Concept of ‘advantage’ – Determination of the applicable legal framework – Method for calculating the amount of aid to be recovered
Language of the case: French
Case C-792/22 Criminal proceedings against MG
Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Directive 89/391/EEC – General obligations relating to the protection of safety and health – Parallel national proceedings – Judgment of an administrative court having force of res judicata before the criminal court – Classification of an event as an ‘accident at work’ – Effectiveness of the protection of the rights guaranteed by Directive 89/391 – Article 47 of the Charter of Fundamental Rights of the European Union – Right to be heard – Disciplinary proceedings against a judge of an ordinary court in the event of failure to comply with a decision of a constitutional court that is contrary to EU law – Primacy of EU law
Request for a preliminary ruling from the Curtea de Apel Braşov
Language of the case: Romanian
Case C-164/23 VOLÁNBUSZ v Bács-Kiskun Vármegyei Kormányhivatal
Reference for a preliminary ruling – Road transport – Harmonisation of certain provisions of social legislation – Regulation (EC) No 561/2006 – Article 9(3) – Concept of ‘employer’s operational centre where the driver is normally based’ – Place where a driver takes charge of a vehicle falling within the scope of that regulation – Concept of ‘other work’ – Time spent by that driver driving a vehicle falling outside the scope of that regulation to travel to or from that operational centre
Request for a preliminary ruling from the Szegedi Törvényszék
Language of the case: Hungarian
Case C-329/23 Sozialversicherungsanstalt der Selbständigen v Dr. W M and Bundesminister für Soziales, Gesundheit, Pflege und Konsumentenschutz
Reference for a preliminary ruling – Migrant workers – Social security – Legislation applicable – Regulation (EEC) No 1408/71 – Articles 13 and 14a – Regulation (EC) No 883/2004 – Article 11 and Article 13(2) – Worker simultaneously pursuing an activity as a self-employed person in the territory of two or more States, including a Member State of the European Union, a State of the European Free Trade Association, which is a party to the Agreement on the European Economic Area, and the Swiss Confederation – Article 87(8) – Concept of ‘relevant situation’ – Agreement on the European Economic Area – Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-330/23 Verbraucherzentrale Baden-Württemberg v Aldi Süd Dienstleistungs-SE
Reference for a preliminary ruling – Consumer protection – Indication of the prices of products – Directive 98/6/EC – Article 6a – Price reduction announcements – Conditions – Concept of ‘prior price’ – Obligation to determine the announced price reduction on the basis of the prior price
Request for a preliminary ruling from the Landgericht Düsseldorf
Language of the case: German
Case C-368/23 Haut Conseil du commissariat aux comptes v MO
Reference for a preliminary ruling – Article 267 TFEU – Definition of ‘court or tribunal’ – Criteria relating to the constitution and function of that body – Exercise of judicial or administrative functions – Public authority not subject to regulation and/or oversight of statutory auditors – Internal organisational arrangements – Power to initiate infringement proceedings – Power to impose penalties – Decision against which an action for annulment may be brought – No status as ‘third party’ in relation to the authority having adopted the decision under judicial review – Inadmissibility
Request for a preliminary ruling from the formation restreinte du Haut Conseil du commissariat aux comptes
Language of the case: French
Joined Cases C-403/23 and C-404/23 Luxone and Sofein v Consip
References for a preliminary ruling – Public procurement – Directive 2004/18/EC – Article 47(3) – Article 48(4) – Exclusion of a tenderer from the tender procedure – Exclusion of the possibility to reduce the initial membership of a temporary group of undertakings which has submitted a tender – Not compatible – Period of validity of a tender – Tender does not lapse at the end of its term – Obligation under the case-law to expressly withdraw that tender – Loss of the provisional security accompanying that tender – Automatic application of that measure – Article 2 – Principles relating to public procurement – Principle of proportionality – Principle of equal treatment – Obligation of transparency – Infringement
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-432/23 F and Ordre des avocats du barreau de Luxembourg v Administration des contributions directes
Reference for a preliminary ruling – Administrative cooperation in the field of taxation – Directive 2011/16/EU – Exchange of information on request – Decision ordering a lawyer to communicate information – Legal professional privilege – Article 7 and Article 52(1) of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Cour administrative
Language of the case: French
Information (on unpublished decisions)
Case C-601/19 P-DEP FRA v BP
Taxation of costs
Case C-669/19 P-DEP FRA v BP
Taxation of costs
Case C-658/23 Investcapital v TK
Case C-83/24 P Riviera and Riviera Pharma & Cosmetics v Austria
Case C-109/24 P Van Oosterwijck v Commission
Case C-334/24 P DEC Technologies v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-249/23 P ClientEarth v Commission
Appeal – Access to documents of the institutions of the European Union – Regulation (EC) No 1049/2001 – Article 4(2) – Community control system for fisheries – Regulation (EC) No 1224/2009 – Documents concerning the state of play of the implementation of fisheries control in France and Denmark – Partial refusal to grant access – Exception relating to the protection of the purpose of inspections, investigations and audits – General presumption of confidentiality – Overriding public interest
Case C-309/23 P SE v Commission
Appeal – Civil service – Members of the temporary staff – Recruitment – European Commission’s pilot programme for recruiting junior administrators – Rejection of application – Eligibility conditions – Criterion of a maximum of three years of professional experience – Equal treatment – Discrimination based on age – Competence to adopt the criterion at issue
Case C-123/24 UO v Predsedatel na Balgarskata federatsia po ribolovni sportove
Case C-511/24 P(R) Aylo Freesites v Commission
Appeal – Interim relief – Approximation of laws – Regulation (EU) 2022/2065 – Single market for digital services – Additional online advertising transparency – Decision to designate as a very large online platform – Action for annulment – Balancing of competing interests
Case C-65/24 SwiftSuit Legal Tech v WIENER LINIEN
Reference for a preliminary ruling – Article 53(2) and Article 94(c) of the Rules of Procedure of the Court of Justice – Principle of equal treatment between persons irrespective of racial or ethnic origin – Directive 2000/43/EC – Article 2(2)(b) – Prohibition of indirect discrimination based on racial or ethnic origin – Public transport travel cards available to students, the price of which depends on their place of residence – Requirement to state the reasons justifying the need for a reply from the Court – Lack of sufficient information – Manifest inadmissibility
Case C-341/23 Commission v Slovakia ( Mise en conformité de décharges)
Case C-566/23 P D'Agostino and Dafin v ECB
Case C-571/23 P D’Agostino v ECB
Case C-574/23 P Nardi v ECB
Case C-122/24 LM v Direktor na Oblastna direktsia na MVR - Veliko Tarnovo
Case C-339/24 P Puma v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-412/23 Commission v Slovakia (Retard de paiement – Établissements publics de santé)
Failure of a Member State to fulfil obligations – Directive 2011/7/EU – Combating late payments in commercial transactions – Article 4(4)(b) – Commercial transactions between undertakings and public authorities – Power conferred on Member States to extend up to a maximum of 60 calendar days the time limit for payment for public entities providing healthcare – Duty of Member States to ensure that those public entities do not in practice exceed that time limit
Case C-265/24 BN v Stadtgemeinde Rattenberg
Case C-355/24 P Puma v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-340/23 P ATPN v Commission
Case C-550/23 NV v Agentsia za darzhavna finansova inspektsia
Case C-143/24 PL v Belgian State
October 2024
Case C-1/24 X v Achmea Schadeverzekeringen
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Concept of ‘court or tribunal’ – College voor de Rechten van de Mens (Institute for Human Rights, Netherlands) – Compulsory jurisdiction – Non-binding decision – Manifest inadmissibility
Request for a preliminary ruling from the College voor de Rechten van de Mens
Language of the case: Dutch
Joined Cases C-541/20 to C-555/20 Lithuania and Others v Parliament and Council (Mobility package)
Action for annulment – First package of mobility measures (‘Mobility Package’) – Regulation (EU) 2020/1054 – Maximum daily and weekly driving times – Minimum breaks and daily and weekly rest periods – Organisation of the work of the drivers in such a way that the drivers are able to return every three or four weeks, depending on the case, to their place of residence or to the operational centre of their employer to begin and spend their regular or compensatory weekly rest period – Prohibition on taking regular or compensatory weekly rest in the vehicle – Time limit for the installation of second generation (V2) smart tachographs – Date of entry into force – Regulation (EU) 2020/1055 – Conditions relating to the requirement of establishment – Obligation to return the vehicle to the operational centre in the Member State of establishment – Obligation concerning the number of vehicles and drivers normally based at the operational centre of the Member State of establishment – Cabotage – Cooling-off period of four days for cabotage – Derogation for cabotage as part of combined transport operations – Directive (EU) 2020/1057 – Specific rules for posting drivers in the road transport sector – Transposition period – Internal market – Specific regime applicable to the freedom to provide transport services – Common transport policy – Articles 91 and 94 TFEU – Fundamental freedoms – Principle of proportionality – Impact assessment – Principles of equal treatment and non-discrimination – Principles of legal certainty and protection of legitimate expectations – Protection of the environment – Article 11 TFEU – Consultation of the European Economic and Social Committee and the European Committee of the Regions
Languages of the case: Lithuanian, Bulgarian, Romanian, Greek, Hungarian, English and Polish
Case C-446/21 Schrems v Meta Platforms Ireland (Communication de données au grand public)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Online social networks – General terms of use relating to contracts concluded between a digital platform and a user – Personalised advertising – Article 5(1)(b) – Principle of purpose limitation – Article 5(1)(c) – Principle of data minimisation – Article 9(1) and (2) – Processing of special categories of personal data – Data concerning sexual orientation – Data which are made public by the data subject
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-548/21 C.G. v Bezirkshauptmannschaft Landeck (Attempt to access personal data stored on a mobile telephone)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences – Directive (EU) 2016/680 – Article 3(2) – Concept of ‘processing’ – Article 4 – Principles relating to processing of personal data – Article 4(1)(c) – Principle of ‘data minimisation’ – Articles 7, 8 and 47 and Article 52(1) of the Charter of Fundamental Rights of the European Union – Requirement that a limitation on the exercise of a fundamental right must be ‘provided for by law’ – Proportionality – Assessment of proportionality in the light of all the relevant factors – Prior review by a court or independent administrative authority – Article 13 – Information to be made available or given to the data subject – Limits – Article 54 – Right to an effective judicial remedy against a controller or processor – Police investigation in relation to narcotics trafficking – Attempt, by the police, to unlock a mobile telephone in order to gain access, for the purposes of that investigation, to the personal data stored in that telephone
Request for a preliminary ruling from the Landesverwaltungsgericht Tirol
Language of the case: German
Joined Cases C-778/21 P and C-798/21 P Commission v Council and Council v Front Polisario
[As rectified by order of 15 January 2025] Appeal – External action – International agreements – Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco – Decision on the conclusion of that agreement and the implementation protocol thereto – Allegations of infringements of international law resulting from the applicability of that agreement to the waters adjacent to Western Sahara – Action for annulment – Admissibility – Capacity to be a party to legal proceedings – Locus standi – Condition that an applicant must, in certain cases, be directly and individually concerned by the measure in question – Principle of the relative effect of treaties – Principle of self-determination – Non-self-governing territories – Article 73 of the Charter of the United Nations – Discretion of the Council of the European Union – Customary international law – General principles of EU law – Consent of the people of a non-self-governing territory which holds a right to self-determination as a third party to an international agreement
Language of the case: French
Joined Cases C-779/21 P and C-799/21 P Commission v Council and Council v Front Polisario
Appeals – External action – International agreements – Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part – Agreement on the amendment of Protocols 1 and 4 to that agreement – Concluding act – Allegations of infringements of international law resulting from the applicability of that second agreement to the territory of Western Sahara – Action for annulment – Admissibility – Capacity to be a party to legal proceedings – Locus standi – Condition that an applicant must, in certain cases, be directly and individually concerned by the measure in question – Principle of the relative effect of treaties – Principle of self-determination – Non-self-governing territories – Article 73 of the Charter of the United Nations – Discretion of the Council of the European Union – Customary international law – General principles of EU law – Consent of the people of a non-self-governing territory which holds a right to self-determination as a third party to an international agreement
Language of the case: French
Case C-237/22 P Mylan IRE Healthcare v Commission
Appeal – Regulation (EC) No 141/2000 – Orphan medicinal products – Articles 3 and 8 – Concept of ‘significant benefit’ – Concept of ‘clinical superiority’ – Regulation (EC) No 847/2000 – Article 3 – Marketing authorisation for the medicinal product for human use Tobramycin VVB – Period of market exclusivity of Tobi Podhaler, containing the active substance tobramycin – Derogation from that market exclusivity
Language of the case: English
Case C-399/22 Confédération paysanne v Ministre de l’Agriculture et de la Souveraineté alimentaire and Ministre de l'Économie, des Finances et de la Souveraineté industrielle et numérique (Melons and tomatoes from Western Sahara)
Reference for a preliminary ruling – Common commercial policy – International agreements – Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part – Amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement – Regulation (EU) No 1169/2011 – Article 9 – Article 26(2) – Implementing Regulation (EU) No 543/2011 – Article 3(1) and (2) – Article 5(1) and (2) – Article 8 – Article 15(1) and (4) – Annex I – Annex IV – Regulation (EU) No 1308/2013 – Article 76 – Provision of food information to consumers – Mandatory indication of the country of origin or place of provenance of foods – Fruit and vegetables harvested in Western Sahara – Request for a Member State unilaterally to ban imports of those goods in its territory – Mandatory indication of Western Sahara as the place of provenance of tomatoes and melons harvested in that territory
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-406/22 CV v Ministerstvo vnitra České republiky, Odbor azylové a migrační politiky
Reference for a preliminary ruling – Asylum policy – International protection – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Articles 36 and 37 – Concept of ‘safe country of origin’ – Designation – Annex I – Criteria – Article 46 – Right to an effective remedy – Examination by the court of the designation of a third country as a safe country of origin
Request for a preliminary ruling from the Krajský soud v Brně
Language of the case: Czech
Case C-412/22 Autoridade Tributária e Aduaneira v NT (Effets de l’abrogation d’un droit antidumping)
Reference for a preliminary ruling – Dumping – Importation of certain iron or steel fasteners originating in the People’s Republic of China – Imports of certain iron or steel fasteners consigned from Malaysia – Implementing Regulation (EU) 2016/278 – Repeal of the anti-dumping duties imposed by Regulation (EC) No 91/2009 – Entry into effect of that repeal – Imports prior to that entry into effect – Post-clearance recovery of anti-dumping duties
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
Case C-535/22 P Aeris Invest v Commission and SRB
Appeal – Economic and monetary policy – Banking Union – Regulation (EU) No 806/2014 – Single Resolution Mechanism for credit institutions and certain investment firms – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption of a resolution scheme in respect of Banco Popular Español SA – Article 18(1) – Conditions for the adoption of a resolution scheme – Obligations of the Single Resolution Board (SRB) – Duty of care – Obligation to state reasons – Article 88 – Obligation of confidentiality – Article 14 – Resolution objectives – Sale of business of the entity concerned – Conditions of sale under which an offer may be accepted – Charter of Fundamental Rights of the European Union – Article 17 – Shareholders’ right to property – Validity of Regulation (EU) No 806/2014
Language of the case: Spanish
Case C-541/22 P García Fernández and Others v Commission and SRB
Appeal – Economic and monetary policy – Banking union – Regulation (EU) No 806/2014 – Single Resolution Mechanism for credit institutions and certain investment firms – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption of a resolution scheme in respect of Banco Popular Español SA – Article 14 – Resolution objectives – Article 18(1) – Conditions for the adoption of a resolution scheme – Obligations of the Single Resolution Board (SRB) and of the European Commission – Article 20 – Valuations for the purposes of resolution – Requirements – Articles 88 to 91 – Obligation of confidentiality – Right of access to the file – Statements to the press
Language of the case: Spanish
Case C-546/22 GF v Schauinsland-Reisen
Reference for a preliminary ruling – Package travel and linked travel arrangements – Directive (EU) 2015/2302 – Article 12(3) – Termination of a package travel contract by the organiser – Unavoidable and extraordinary circumstances – Performance of the trip prevented as a result of such circumstances – Official recommendation advising against travel to the destination country due to the spread of COVID-19
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-581/22 P thyssenkrupp v Commission
Appeal – Competition – Regulation (EC) No 139/2004 – Concentration between undertakings – Decision declaring the concentration incompatible with the internal market and the functioning of the EEA Agreement – Determination of the relevant markets – Significant impediment to effective competition – Creation or strengthening of a dominant position – Non-coordinated effects – Standard of proof – Concepts of ‘important competitive force’ and ‘close competitors’ – Closeness of competition between the merging parties – Herfindahl-Hirschmann Index – Requests for information – Distortion
Language of the case: English
Case C-585/22 X v Staatssecretaris van Financiën (Intérêts relatifs à un emprunt intragroupe)
Reference for a preliminary ruling – Freedom of establishment – Article 49 TFEU – Corporation tax – Intra-group cross-border loan for the purposes of financing the acquisition or the extension of an interest in a company not related to the group concerned that becomes, as a result of that transaction, related to that group – Deduction of interest paid on that loan – Loan contracted on an arm’s length basis – Concept of ‘wholly artificial arrangement’ – Principle of proportionality
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Joined Cases C-608/22 and C-609/22 AH and FN v Bundesamt für Fremdenwesen und Asyl (Afghan women)
References for a preliminary ruling – Area of freedom, security and justice – Common asylum policy – Directive 2011/95/EU – Conditions that must be fulfilled by third-country nationals in order to be granted refugee status – Article 2(d) and (e) – Concept of ‘act of persecution’ – Level of seriousness required – Article 9 – Sufficiently severe accumulation of measures that discriminate against women – Article 9(1)(b) – Types of acts of persecution – Article 9(2) – Assessment of applications for international protection – Article 4(3) – Obligation to carry out an individual assessment – Scope
Requests for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-621/22 Koninklijke Nederlandse Lawn Tennisbond v Autoriteit Persoonsgegevens
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 5(1)(a) – Lawfulness of processing – Point (f) of the first subparagraph of Article 6(1) – Necessity of processing for the purposes of the legitimate interests pursued by the controller or by a third party – Concept of ‘legitimate interests’ – Commercial interest – Sports federation – Disclosure, for consideration, of the personal data of the members of a sports federation to sponsors without the consent of those members
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-621/22 Koninklijke Nederlandse Lawn Tennisbond v Autoriteit Persoonsgegevens
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
Case C-633/22 Real Madrid Club de Fútbol and AE v EE and Société Éditrice du Monde
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EC) No 44/2001 – Articles 34 and 45 – Recognition and enforcement of judgments – Revocation of a declaration of enforceability of judgments – Grounds for refusal – Public policy in the State in which recognition is sought – Penalty imposed on a newspaper and one of its journalists for harm caused to the reputation of a sports club – Damages – Article 11 of the Charter of Fundamental Rights of the European Union – Freedom of the press
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-650/22 FIFA v BZ
Reference for a preliminary ruling – Internal market – Competition – Rules introduced by an international sports association and implemented by that association with the assistance of its members – Professional football – Private law entities vested with regulatory and control powers, and the power to impose sanctions – Regulations on the Status and Transfer of Players – Regulations relating to the employment contracts concluded between clubs and players – Early termination of an employment contract by the player – Player required to pay compensation – Joint and several liability of the new club – Sanctions – Prohibition on issuing and registering the player’s International Transfer Certificate while a dispute relating to the early termination of the employment contract is pending – Prohibition of registration of other players – Article 45 TFEU – Restriction on the freedom of movement of workers – Justification – Article 101 TFEU – Decision by an association of undertakings having as its object the prevention or restriction of competition – Employment market – Recruitment of players by clubs – Market for interclub football competitions – Participation of clubs and players in sporting competitions – Restriction of competition by object – Exemption
Request for a preliminary ruling from the Cour d'appel de Mons
Language of the case: French
Case C-721/22 P Commission v PB
Appeal – Public service contracts – Irregularities in the procedure for the award of contracts – Regulation (EC) No 2988/95 – Articles 4, 5 and 7 – Decision for the recovery of amounts wrongly paid – Debit notes – Distinction between administrative measures and administrative penalties – Possibility of adopting an administrative measure in the absence of a sectoral rule – Recovery decision based on Regulation No 2988/95 and Regulation (EC, Euratom) No 1605/2002 – Regulation No 1605/2002 – Article 103 – Possibility of recovery from the director of the economic operator benefiting from European Union funds
Language of the case: French
Case C-727/22 Friends of the Irish Environment v Government of Ireland and Others (Project Ireland 2040)
Reference for a preliminary ruling – Environment – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Article 2(a) – Concept of ‘plans and programmes … which are required by legislative, regulatory or administrative provisions’ – Measure adopted by the government of a Member State solely on the basis of a provision of the Constitution of that Member State providing that the executive power of the State is to be exercised by or on the authority of that government
Request for a preliminary ruling from the Supreme Court
Language of the case: English
Joined Cases C-767/22, C-49/23 and C-161/23 1Dream and Others v Latvijas Republikas Saeima
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Confiscation of crime-related proceeds, instrumentalities and property – Framework Decision 2005/212/JHA – Directive 2014/42/EU – Scope – National criminal proceedings capable of leading to the confiscation of illegally obtained assets – No finding of a criminal offence – Confiscation without conviction – Reasons other than illness or absconding
Requests for a preliminary ruling from the Satversmes tiesa
Language of the case: Latvian
Case C-793/22 Biohemp Concept v Direcţia pentru Agricultură Judeţeană Alba
Reference for a preliminary ruling – Common agricultural policy – Regulation (EU) No 1305/2013 – Regulation (EU) No 1307/2013 – Regulation (EU) No 1308/2013 – Cultivation of hemp (Cannabis sativa) – Refusal to issue a permit for the cultivation of hemp using hydroponic systems in an indoor environment
Request for a preliminary ruling from the Curtea de Apel Alba Iulia
Language of the case: Romanian
Case C-4/23 M.-A.A. v Direcţia de Evidenţă a Persoanelor Cluj and Others
Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Articles 7 and 45 of the Charter of Fundamental Rights of the European Union – Right to move and reside freely within the territory of the Member States – Union citizen who has lawfully acquired, during the exercise of that right and his residence in another Member State, a change of his first name and gender identity – Obligation on the part of that Member State to recognise and enter in the birth certificate that change of first name and gender identity – National legislation which does not permit such recognition and entry, obliging the party concerned to bring new judicial proceedings for a change of gender identity in the Member State of origin – Effect of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union
Request for a preliminary ruling from the Judecătoria Sectorului 6 Bucureşti
Language of the case: Romanian
Case C-21/23 ND v DR
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Chapter VIII – Remedies – Medicinal products marketed by a pharmacist on an online platform – Action brought before the national civil courts by a competitor of that pharmacist on the basis of the prohibition of unfair commercial practices for infringement by the pharmacist of the obligations laid down by that regulation – Standing to bring proceedings – Article 4(15) and Article 9(1) and (2) – Directive 95/46/EC – Article 8(1) and (2) – Concept of ‘data concerning health’ – Conditions for the processing of those data
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-31/23 P Ferriere Nord v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Market for concrete reinforcing bars – European Commission Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 – Decision adopted following the annulment of earlier decisions – Holding of a new hearing attended by the competition authorities of the Member States – Rights of the defence – Principle of sound administration – Requirement of impartiality – Reasonable time – Obligation to state reasons – Proportionality – Ne bis in idem principle – Plea of illegality – Aggravating circumstances – Repeated infringement – Mitigating circumstances – Equal treatment
Language of the case: Italian
Case C-134/23 Somateio «Elliniko Symvoulio gia tous Prosfyges» and Astiki Mi Kerdoskopiki Etaireia «Ypostirixi Prosfygon sto Aigaio» v Ypourgos Exoterikon and Ypourgos Metanastefsis kai Asylou
Reference for a preliminary ruling – Granting of international protection – Directive 2013/32/EU – Article 38 – Article 18 of the Charter of Fundamental Rights of the European Union – Concept of ‘safe third country’ – Classification of the Republic of Türkiye as a ‘safe third country’ – Readmission of applicants for international protection in third countries – Refusal
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
Case C-171/23 UP CAFFE v Ministarstvo financija
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Point 19 of Article 287 – VAT exemption scheme for small enterprises – Abusive practice by forming a new company
Request for a preliminary ruling from the Upravni sud u Zagrebu
Language of the case: Croatian
Case C-175/23 Obshtina Svishtov v Rakovoditel na Upravlyavashtia organ na Operativna programa „Regioni v rastezh“ 2014-2020
Reference for a preliminary ruling – Own resources of the European Union – Protection of the financial interests of the European Union – Regulation (EU) No 1303/2013 – Article 2(36) – Concept of ‘irregularity’ – Article 143(2) – Prejudice caused to the budget of the European Union by charging an unjustified item of expenditure – Determination of the applicable financial correction rate – Scale of flat-rate correction rates – Principle of proportionality
Request for a preliminary ruling from the Administrativen sad Veliko Tarnovo
Language of the case: Bulgarian
Case C-200/23 Agentsia po vpisvaniyata v OL
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Publication in the commercial register of a company’s constitutive instrument containing personal data – Directive (EU) 2017/1132 – Non-compulsory personal data – Lack of consent of the data subject – Right to erasure – Non-material damage
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-228/23 AFAÏA v INAO
Reference for a preliminary ruling – Agriculture – Organic production and labelling of organic products – Regulation (EU) 2018/848 – Use of certain products and substances in organic production and their listing – Derogation – Implementing Regulation (EU) 2021/1165 – Annex II – Concepts of ‘factory farming’ and ‘landless livestock production’ – Consumer confidence – Animal welfare – Respect for the environment and the climate – Criteria
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-240/23 Herbaria Kräuterparadies v Freistaat Bayern
Reference for a preliminary ruling – Agriculture and fisheries – Organic products – Regulation (EU) 2018/848 – Organic production rules – Article 16 – Labelling – Article 30 – Terms referring to organic production – Article 33 – Organic production logo of the European Union – Conditions of use – Compliance of the product with Regulation 2018/848 – Articles 45 and 48 – Import of products from a third country for the purpose of placing them on the market within the European Union as organic products – Equivalence of the production rules of that third country with the rules of Regulation 2018/848 – Use of the third country’s organic production logo
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-242/23 Tecno*37 v Ministero dello Sviluppo Economico and Camera di Commercio Industria Artigianato e Agricoltura di Bologna
Reference for a preliminary ruling – Freedom to provide services – Directive 2006/123/EC – Article 25(1) – Restrictions on multidisciplinary activities – Regulated profession – National legislation providing for, as a general rule, the incompatibility of the joint exercise of the activity of property brokerage and that of property manager – Requirements of independence and impartiality – Proportionality of the restriction – Consequences of the closure of an infringement procedure brought by the European Commission against a Member State
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-314/23 Ministerio Fiscal v Air Nostrum and Others
Reference for a preliminary ruling – Social policy – Equal treatment between men and women in matters of employment and occupation – Directive 2006/54/EC – Article 2(1)(e) – Concept of ‘pay’ – Article 4 – Prohibition of indirect discrimination on grounds of sex
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
Case C-438/23 Protéines France and Others v Ministre de l'Économie, des Finances et de la Souveraineté industrielle et numérique
Reference for a preliminary ruling – Regulation (EU) No 1169/2011 – Provision of food information to consumers – Article 2(2)(n) to (p) and Articles 7, 9 and 17 – Fair practices concerning the naming of foods – Legal names, customary names and descriptive names – Substitution of components or ingredients of a food – Article 38(1) – Matters specifically harmonised – National measures prohibiting the use of meat-related names to designate a product containing vegetable proteins
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-475/23 Voestalpine Giesserei Linz v Administraţia Judeţeană a Finanţelor Publice Cluj and Direcţia Generală Regională a Finanţelor Publice Cluj-Napoca
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 168(a) – Right to deduct VAT – Acquisition of goods by a taxable person – Making available of those goods free of charge to a subcontractor for the purpose of carrying out works for the taxable person – Refusal of the deduction of the VAT relating to those goods
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
Case C-494/23 QE and IJ v DP and EB
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 1(1) – Scope – Civil and commercial matters – Concept – Proceedings seeking to substitute the defendant’s consent to the release of property seized by the law enforcement authorities from the custody of the court – Article 8(2) – Application to intervene – Concept of ‘third party’
Request for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
Case C-507/23 A v Patērētāju tiesību aizsardzības centrs
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 82(1) – Right to compensation and liability – Unlawful processing of data – Infringement of the right to protection of personal data – Concept of ‘damage’ – Compensation for non-material damage in the form of apologies – Whether permissible – Principle of effectiveness – Assessment of the form and level of compensation – Whether possible to take into consideration the attitude and motivation of the controller
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
Case C-579/23 P Cunsorziu di i Salamaghji Corsi - Consortium des Charcutiers Corses and Others v Commission
Appeal – Protection of designations of origin and geographical indications – Regulation (EU) No 1151/2012 – Articles 7 and 8 – Article 49(2) and Article 50(1) – Scope of the European Commission’s control of the applications for registration of a name as a geographical indication – Division of powers between the national authorities and the Commission – Conditions for registration of a name
Language of the case: French
Case C-387/24 PPU C v Staatssecretaris van Justitie en Veiligheid
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Border control, asylum and immigration – Directive 2008/115/EC – Article 15(2)(b) – Detention of a third-country national for the purpose of removal – Directive 2013/33/EU – Article 9 – Detention of an applicant for international protection – Regulation (EU) No 604/2013 – Article 28(2) – Detention for the purpose of transfer – Unlawful detention – Articles 6 and 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Roermond
Language of the case: Dutch
Case C-144/23 KUBERA v Republika Slovenija
Reference for a preliminary ruling – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Proceedings relating to the grant of leave to appeal on a point of law to the supreme court of a Member State – Request by the party seeking leave to appeal on a point of law that a question concerning the interpretation of EU law be referred to the Court of Justice – National legislation under which leave to appeal on a point of law is to be granted if the appeal raises a question of law that is important for ensuring legal certainty, the uniform application of the law or its development – Obligation for the national supreme court to consider, in proceedings relating to the grant of leave to appeal on a point of law, whether a reference for a preliminary ruling should be made – Statement of reasons for the decision refusing leave to appeal on a point of law
Request for a preliminary ruling from the Vrhovno sodišče
Language of the case: Slovene
Case C-76/22 QI v Santander Bank Polska
Reference for a preliminary ruling – Consumer protection – Directive 2014/17/EU – Credit agreements for consumers relating to residential immovable property – Article 25(1) – Early repayment – Consumer’s right to a reduction in the total cost of the credit – Article 4(13) – Concept of ‘total cost of the credit to the consumer’ – Costs that are dependent of the duration of the contract – Commission for granting the credit payable when concluding the contract – Methodology for calculating the reduction
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Woli w Warszawie
Language of the case: Polish
Case C-701/22 AA v MFE
Reference for a preliminary ruling – European Regional Development Fund (ERDF) – Regulation (EC) No 1083/2006 – Article 60 – Principle of sound financial management – Article 80 – Right of beneficiaries to receive payments as soon as possible and in full – Right to obtain interest for late payment – Principles of effectiveness and equivalence – Termination of an ERDF financing contract on account of irregularities in its performance – Annulment of that termination – Correction of the irregularities – Combating late payment in commercial transactions – Directive 2011/7/EU – Scope
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
Case C-16/23 FA.RO. di YK & C. v Agenzia delle Dogane e dei Monopoli
Reference for a preliminary ruling – Services in the internal market – Directive 2006/123/EC – Authorisation scheme – Article 10 – Conditions for granting authorisation – Sale of tobacco products – National legislation making the grant of authorisation to establish a point of sale for tobacco products subject to compliance with conditions – Conditions relating to distance and population – Protection of public health against smoking
Request for a preliminary ruling from the Tribunale Amministrativo Regionale della Liguria
Language of the case: Italian
Case C-28/23 NFŠ v Slovenská republika konajúca prostredníctvom Ministerstva školstva, vedy, výskumu a športu Slovenskej republiky and Ministerstvo školstva, vedy, výskumu a športu Slovenskej republiky
Reference for a preliminary ruling – Public procurement of works, supplies and services – Directive 2004/18/EC – Concept of ‘public works contracts’ – Collection of agreements comprising a grant agreement and an undertaking to purchase – Direct economic interest for the contracting authority – Work corresponding to the requirements specified by the contracting authority – Grant and undertaking to purchase constituting State aid compatible with the internal market – Directive 89/665/EEC – Directive 2014/24/EU – Consequences of a finding that a public contract is ineffective – Absolute invalidity ex tunc
Request for a preliminary ruling from the Okresný súd Bratislava III
Language of the case: Slovak
Case C-60/23 Skatteverket v Digital Charging Solutions
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Articles 14 and 15 – Electric vehicle charging – Charging using devices provided by a company and allowing access to a network of charging points operated by different operators – Classification of the transaction for VAT purposes – ‘Supply of goods’ – Transfer made under commission contracts
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
Case C-112/23 P PT Pelita Agung Agrindustri and PT Permata Hijau Palm Oleo v Commission
Appeal – Subsidies – Imports of biodiesel originating in Indonesia – Implementing Regulation (EU) 2019/2092 – Definitive countervailing duty – Regulation (EU) 2016/1037 – Article 7 – Calculation of the amount of benefit – Article 8(1) and (2) – Price undercutting – Price pressure
Language of the case: English
Case C-156/23 K and Others v Staatssecretaris van Justitie en Veiligheid
Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Return of third-country nationals staying illegally in a Member State – Directive 2008/115/EC – Article 5 – Principle of non-refoulement – Enforcement of a return decision adopted in the context of a procedure for international protection, as a result of the illegal stay of the third-country national concerned arising from the rejection of an application for a residence permit provided for by national law – Obligation for the administrative authority to assess whether the enforcement of such a decision complies with the principle of non-refoulement – Article 13 – Remedies against decisions related to return – Obligation, for the national court, to raise of its own motion infringement of the principle of non-refoulement when enforcing a return decision – Scope – Article 4, Article 19(2) and Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Roermond
Language of the case: Dutch
Case C-159/23 Sony Computer Entertainment Europe v Datel Design and Development and Others
Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Legal protection of computer programs – Directive 2009/24/EC – Article 1 – Scope – Forms of expression of a computer program – Concept – Article 4(1)(b) – Alteration of a computer program – Change of the content of the variables stored in the computer’s RAM and used during the running of the program
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-239/23 Karl und Georg Anwander Güterverwaltung v Land Baden-Württemberg
Reference for a preliminary ruling – Common agricultural policy (CAP) – Funding by the European Agricultural Fund for Rural Development (EAFRD) – Regulation (EU) No 1305/2013 – Articles 31 and 32 – Payments for areas facing natural or other specific constraints – Mountain areas – Compensatory allowance – National administrative provisions excluding payment of that allowance for eligible areas situated in a region, of the same Member State, other than the region where the place of business of the agricultural holding is located – Provisions using the place of business of the agricultural holding as a condition for the grant of that compensatory allowance
Request for a preliminary ruling from the Verwaltungsgericht Sigmaringen
Language of the case: German
Case C-302/23 Jarocki v C. J.
Reference for a preliminary ruling – Internal market – Electronic identification and trust services for electronic transactions – Regulation (EU) No 910/2014 – Article 25 – Electronic signatures – Legal effect and evidential value in legal proceedings – National legislation allowing the lodging with the courts, by electronic means, of procedural documents signed electronically – Need for those courts to have an appropriate ICT system
Request for a preliminary ruling from the Sąd Rejonowy Katowice – Wschód w Katowicach
Language of the case: Polish
Case C-322/23 ED v Ministero dell’Istruzione e del Merito and INPS
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Public sector – Teachers – Employment of fixed-term workers as career civil servants through recruitment based on qualifications – Determination of the period of service deemed accrued – Account taken only in part of periods of service completed under fixed-term contracts – Subsequent reinstatement of the period of service not taken into account – No effect on the assessment of the existence of discrimination
Request for a preliminary ruling from the Tribunale di Lecce
Language of the case: Italian
Case C-349/23 HB v Bundesrepublik Deutschland
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 2(2)(a) – Prohibition of discrimination on grounds of age – Mandatory retirement age – National legislation precluding any postponement of the retirement of federal judges – Possibility for federal civil servants and Land judges to request the postponement of retirement – Difference in treatment on grounds of membership of a socio-professional category or place of work
Request for a preliminary ruling from the Verwaltungsgericht Karlsruhe
Language of the case: German
Case C-408/23 Rechtsanwältin und Notarin v Präsidentin des Oberlandesgerichts Hamm
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Article 21 of the Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Article 2(2)(a) and Article 6(1) – Prohibition of discrimination on grounds of age – Upper age limit of 60 years for first appointment to the position of lawyer commissioned as notary – Vacant positions due to a lack of younger candidates – Justification – Appropriateness and necessity
Request for a preliminary ruling from the Oberlandesgericht Köln
Language of the case: German
Case C-409/23 Riverty v MI
Reference for a preliminary ruling – Consumer protection – Directive 2008/48/EC – Scope – Credit agreements for consumers – Exceptions – Article 2(2)(f) – Interest-free credit agreements without other charges or providing for negligible charges – Deferred payment service ‘Buy now, pay later’ – Late payment – Default interest and out-of-court collection costs
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-461/23 Umweltforum Osnabrücker Land v Landkreis Osnabrück
Reference for a preliminary ruling – Environment – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Article 3(2)(b) – Directive 92/43/EEC – Article 6(3) – Acts for which an assessment is required – National legislative act designating a site as a special area of conservation – List of human activities prohibited on that site, with certain exceptions
Request for a preliminary ruling from the Niedersächsisches Oberverwaltungsgericht
Language of the case: German
Joined Cases C-650/23 and C-705/23 E EAD and Flightright v DW and Condor Flugdienst
Reference for a preliminary ruling – Air transport – Package tour – Regulation (EC) No 261/2004 – Article 3(6) – Directive (EU) 2015/2302 – Article 14(5) – Cumulative application – Limitations – Regulation No 261/2004 – Article 3(2) – Article 4(3) – Compensation for passengers in the event of denied boarding – Passengers informed in advance of denied boarding – Incorrect information – Tour operator transferring passengers to another flight – Flight nonetheless carried out by the operating air carrier as originally planned – Operating air carrier’s obligation to provide compensation – Article 13 – Possibility of seeking reimbursement from the tour operator
Requests for a preliminary ruling from the Landesgericht Korneuburg and Landgericht Düsseldorf
Language of the case: German
Case C-652/22 Kolin Inşaat Turizm Sanayi ve Ticaret v Državna komisija za kontrolu postupaka javne nabave
Reference for a preliminary ruling – Public procurement in the European Union – Directive 2014/25/EU – Article 43 – Economic operators of a third country which has not concluded an international agreement with the European Union which guarantees access to public procurement in a reciprocal and equal manner – No right on the part of those economic operators to ‘no less favourable’ treatment – Participation of such an economic operator in a public procurement procedure – Inapplicability of Directive 2014/25 – Inadmissibility in the context of an action brought by that economic operator seeking a request for a preliminary ruling concerning the interpretation of provisions of that directive
Request for a preliminary ruling from the Visoki upravni sud
Language of the case: Croatian
Case C-240/22 P Commission v Intel Corporation
Appeal – Competition – Abuse of dominant position – Microprocessors market – Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement – Loyalty rebates – Characterisation as abuse – Strategy aiming to exclude competitors that are at least as efficient as the dominant undertaking from the market
Language of the case: English
Case C-227/23 Kwantum Nederland and Kwantum België v Vitra Collections
Reference for a preliminary ruling – Intellectual and industrial property – Copyright – Directive 2001/29/EC – Articles 2 to 4 – Exclusive rights – Copyright protection for subject matter of applied art the country of origin of which is not a Member State – Berne Convention – Article 2(7) – Criterion of material reciprocity – Division of competences between the European Union and its Member States – Application by the Member States of the criterion of material reciprocity – First paragraph of Article 351 TFEU
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-339/23 Horyzont Niestandaryzowany Sekurytyzacyjny Fundusz Inwestycyjny Zamknięty v LC
Reference for a preliminary ruling – Consumer protection – Credit agreements for consumers – Directive 2008/48/EC – Risk of over-indebtedness – Article 8 – Obligation on the creditor to check the creditworthiness of the consumer – Article 10 – Information to be included in credit agreements – Article 23 – Penalty in the event of failure to comply with that obligation – Equivalent penalties – Effective, proportionate and dissuasive nature of the penalty
Request for a preliminary ruling from the Sąd Rejonowy w Siemianowicach Śląskich
Language of the case: Polish
Case C-347/23 LB and JL v Getin Noble Bank
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 2(b) – Definition of ‘consumer’ – Mortgage loan agreement indexed to a foreign currency – Natural person who has acquired a residential property to be leased for consideration
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
Case C-441/23 LM v Omnitel Comunicaciones and Others
Reference for a preliminary ruling – Social policy – Directive 2008/104/EC – Temporary agency work – Article 3(1) – Temporary-work agency – User undertaking – Definition – Assignment of a worker – Contract for the provision of services – Article 5(1) – Principle of equal treatment – Directive 2006/54/EC – Article 15 – Maternity leave – Invalid or unfair dismissal – Declaration that the temporary-work agency and the user undertaking are jointly and severally liable
Request for a preliminary ruling from the Tribunal Superior de Justicia de Madrid
Language of the case: Spanish
Case C-476/23 STAR POST v Komisia za regulirane na saobshteniyata
Reference for a preliminary ruling – Postal services in the European Union – Directive 97/67/EC – Article 22(3) – Concept of ‘postal service provider affected by a decision of a national regulatory authority’ – Right of appeal
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-513/23 Obshtina Pleven v Rakovoditel na Upravlyavashtia organ na Operativna programa „Regioni v rastezh“ 2014-2020
Reference for a preliminary ruling – Procedures for the award of public works contracts, public supply contracts and public service contracts – Directive 2014/24/EU – Public works contracts – Article 42(3)(b) – Technical specifications – Words ‘or equivalent’ – Reference to technical standards – Regulation (EU) No 305/2011 – Directive 2014/35/EU
Request for a preliminary ruling from the Аdministrativen sad - Pleven
Language of the case: Bulgarian
Information (on unpublished decisions)
Case C-47/24 CN v Cofidis Magyarországi Fióktelepe
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Directive 93/13/EEC – Consumer protection – Unfair terms in credit agreements denominated in a foreign currency concluded with consumers – Requirement to present the factual and regulatory context of the dispute in the main proceedings – Requirement to state the reasons justifying the need for a reply from the Court and the link between the provisions of European Union law whose interpretation is sought and the applicable national legislation – Lack of sufficient information – Manifest inadmissibility
Case C-335/24 P Lidl Stiftung v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency and development of EU law – Refusal to allow the appeal to proceed
Case C-362/24 P MHCS v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency and development of EU law – Refusal to allow the appeal to proceed
Case C-256/24 P XH v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Official – Compliance with the judgment of 25 June 2020, XH v Commission (T‑511/18, EU:T:2020:291) – Decision not to include the name of the appellant on the list of officials promoted as part of the 2021 promotion exercise – Action for annulment and for damages – Appeal in part manifestly inadmissible and in part manifestly unfounded
Joined Cases C-29/23 P and C-30/23 P Ferriera Valsabbia and Others v Commission
Case C-124/23 P E. Breuninger v Commission
Case C-127/23 P Falke v Commission
Case C-262/23 P UPL Europe and Indofil Industries (Netherlands) v Commission
Appeal – Plant protection products – Implementing Regulation (EU) 2020/2087 – Non-renewal of approval of the active substance mancozeb – Regulation (EC) No 1107/2009 – Implementing Regulation (EU) No 844/2012 – Action for annulment
Case C-268/23 Commission v France (Rejet des eaux urbaines résiduaires)
Case C-761/23 N.V.N. v Komise pro rozhodování ve věcech pobytu cizinců
Case C-187/24 P Fass v Germany and Commission
Case C-214/24 A v Hauptzollamt C
Case C-255/24 Criminal proceedings against KM and Sofiyska rayonna prokuratura
Case C-444/24 P Converso v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-502/24 P Puma v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-503/24 P Puma v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-599/24 P(I) Accord Healthcare v Commission
Appeal – Intervention – Public health – Medicinal product for human use – Decision granting marketing authorisation for the medicinal product Degarelix Accord – Action for annulment – Time limits – Force majeure or unforeseeable circumstances – Dismissal
Case C-62/24 P ST v Frontex
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Area of freedom, security and justice – Right to asylum – Activities by Frontex in the Aegean Sea – Regulation (EU) 2019/1896 – Article 46 – Margin of discretion – Action for failure to act – Invitation to act submitted in the name and on behalf of an anonymous person – Decision refusing the invitation to act before the action for failure to act was brought – Manifest inadmissibility – Action for annulment – Interest in bringing proceedings – Annulment not capable of securing a benefit for the applicant – Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded
Case C-105/23 P Firearms United Network and Others v Commission
Case C-304/23 Commission v Malta (Capacité des stations d’épuration)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive 91/271/EEC – Urban waste water treatment – Collecting systems for urban waste water in certain agglomerations – Article 4 – Secondary or equivalent treatment of urban waste water – Article 5 – Sensitive areas – More stringent treatment – Article 10 – Sufficient performance – Article 15 – Monitoring of the conformity of discharges with the requirements of Annex I.B – Control procedures laid down in Annex I.D – Maximum permitted number of samples which fail to conform
Case C-211/20 P-DEP Valencia Club de Fútbol v Commission
Case C-603/23 KI v YB and JN
November 2024
Case C-683/22 Adusbef v Presidenza del Consiglio dei Ministri and Others (Pont Morandi)
Reference for a preliminary ruling – Directive 2014/23/EU – Procedure for awarding concession contracts – Article 43 – Modification made to a concession during its term without opening up to competition – Concession of motorways – Collapse of the Morandi Bridge in Genoa (Italy) – National proceedings for serious failure to fulfil motorway network maintenance and preservation obligations – New obligations imposed on the concessionaire – Obligation of the contracting authority to make a prior decision on whether it is necessary to organise a new award procedure – Obligation of the contracting authority to carry out a prior examination of the reliability of the concessionaire
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-782/22 XX v Inspecteur van de Belastingdienst (Contrats dits unit-linked)
Reference for a preliminary ruling – Article 63(1) TFEU – Free movement of capital – Restrictions – Tax legislation – Corporation tax – Taxation of dividends – Equal treatment of resident and non-resident companies – National legislation reserving to resident companies the possibility of deducting from their taxable profits relating to dividends the expenses corresponding to their commitments to their customers under ‘unit-linked’ insurance contracts and of offsetting in full taxation of the dividends against corporation tax
Request for a preliminary ruling from the Gerechtshof 's-Hertogenbosch
Language of the case: Dutch
Case C-126/23 UD and Others v Presidenza del Consiglio dei Ministri and Ministero dell'Interno
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2004/80/EC – Article 12(2) – National schemes on compensation to victims of violent intentional crime – Homicide – Compensation for close family members of the deceased – Concept of ‘victim’ – ‘Tiered’ compensation scheme according to the order of succession – National legislation excluding the payment of compensation to other family members of the deceased when there are children or a surviving spouse – Parents and siblings of the deceased – ‘Fair and appropriate’ compensation
Request for a preliminary ruling from the Tribunale Ordinario di Venezia
Language of the case: Italian
Case C-178/23 ERB New Europe Funding II v YI
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Article 7(1) – Unfair terms in consumer contracts – Powers and obligations of the national court – First legal remedy pursued by the consumer before the court of the place where the seller or supplier has its registered office, without the assistance of a lawyer and without that consumer attending the hearing – Second legal remedy pursued by the consumer before the court of his or her place of domicile, with the assistance of a lawyer – Res judicata – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection of the consumer
Request for a preliminary ruling from the Tribunalul Specializat Mureş
Language of the case: Romanian
Joined Cases C-289/23 and C-305/23 Agencia Estatal de la Administración Tributaria v A and S.E.I v Agencia Estatal de la Administración Tributaria
Reference for a preliminary ruling – Judicial cooperation in civil matters – Directive (EU) 2019/1023 – Procedures concerning restructuring, insolvency and discharge of debt – Article 1(4) – Subject matter and scope – Extension of procedures to insolvent natural persons who are not entrepreneurs – Article 20 – Access to discharge of debt – Article 23(1), (2) and (4) – Derogations – Exclusion of specific categories of debt from discharge of debt – Natural person who has become insolvent – Good faith of the debtor – Conditions for access to discharge of debt – Exclusion of claims governed by public law
Requests for a preliminary ruling from the Juzgado de lo Mercantil de Alicante and Juzgado de lo Mercantil de Barcelona
Language of the case: Spanish
Case C-291/23 LS v PL
Reference for a preliminary ruling – Jurisdiction in civil matters – Regulation (EU) No 650/2012 – Article 10(1) – Subsidiary jurisdiction in matters of succession – Deceased person habitually resident in a third State at the time of death – Criterion of the location of the assets of the estate in a Member State – Decisive point in time – Assessment at the time of death
Request for a preliminary ruling from the Landgericht Düsseldorf
Language of the case: German
Case C-326/23 C.W. and Others v Prezes Urzędu Ochrony Konkurencji i Konsumentów
Reference for a preliminary ruling – Article 267 TFEU – Concept of ‘court or tribunal’ – Judge of the Civil Chamber of the Sąd Najwyższy (Supreme Court, Poland) – Judge appointed by the President of the Republic of Poland on the basis of a resolution of the Krajowa Rada Sądownictwa (National Council of the Judiciary, Poland) in its new composition – Reference for a preliminary ruling from a panel of judges without the status of an independent and impartial tribunal previously established by law – Inadmissibility
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
Case C-503/23 Centro di Assistenza Doganale (Cad) Mellano v Agenzia delle Dogane e dei Monopoli - Agenzia delle Dogane - Direzione Interregionale per la Liguria and Ministero dell’Economia e delle Finanze
Reference for a preliminary ruling – Customs union – Union Customs Code – Regulation (EU) No 952/2013 – Article 18 – Customs representative – Freedom to provide services – Directive 2006/123/EC – Articles 10 and 15 – Customs assistance centres – Territorial limitation of the activity – Restriction – Justification
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte
Language of the case: Italian
Case C-594/23 Skatteministeriet v Lomoco Development and Others
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Supply of land that has only the foundations of residential housing structures in place – Classification – Article 12 – Concepts of ‘building land’ and ‘building or parts of a building’ – Criterion of the ‘first occupation’ of a building
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
Case C-394/22 Oilchart International v O.W. Bunker and ING Bank
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Scope – Article 1(2)(b) – Exclusion – Concept of ‘bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings’ – Action deriving directly from insolvency proceedings and closely linked with them – Action for the payment of a claim lodged after the debtor company was put into liquidation and the declaration of that claim lodged in the insolvency estate – Regulation (EC) No 1346/2000
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
Case C-646/22 Compass Banca v AGCM
Reference for a preliminary ruling – Consumer protection – Directive 2005/29/EC – Article 2(j), Articles 5, 8 and 9 – Concept of ‘average consumer’ – Unfair business-to-consumer commercial practices – Concept of ‘aggressive commercial practice’ – Cross-selling of a personal loan and an insurance product not related to that loan – Orientation of the information provided to the consumer – Concept of ‘framing’ – Commercial practice consisting of simultaneously proposing to a consumer an offer for a personal loan and an offer for an insurance product not related to that loan – No cooling-off period between the signature of the loan contract and that of the insurance policy contract – Directive (EU) 2016/97 – Article 24
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-47/23 Commission v Germany (Détérioration des prairies maigres de fauche)
Failure of a Member State to fulfil obligations – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 6(2) – Appropriate steps to avoid, in special areas of conservation, the deterioration of natural habitats – Habitat types 6510 (lowland hay meadows) and 6520 (mountain hay meadows) protected by the Natura 2000 network – Loss of area – No specific surveillance of natural habitats – General and structural failure – Article 4(1) – Proposal by each Member State of a list of sites indicating which natural habitat types and native species the sites host – Regular updating of information relating to those sites
Language of the case: German
Case C-197/23 S. v C. (Modification of the formation of the court)
Reference for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Remedies – Effective judicial protection – Independent and impartial tribunal established by law – National rules governing the random allocation of cases to the judges of a court and the modification of the formations of the court – Provision precluding reliance on the infringements of those rules in appeal proceedings
Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie
Language of the case: Polish
Case C-230/23 Reprobel v Copaco Belgium
Reference for a preliminary ruling – Approximation of laws – Harmonisation of certain aspects of copyright and related rights in the information society – Directive 2001/29/EC – Article 2 – Reproduction right – Article 5(2)(a) and (b) – Exceptions and limitations – Fair compensation – Direct effect – Entity entrusted by the State with collecting and distributing fair compensation – Special powers
Request for a preliminary ruling from the Ondernemingsrechtbank Gent Afdeling Gent
Language of the case: Dutch
Case C-613/23 KL v Staatssecretaris van Financiën
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 273 – VAT payable by a taxable entity – National legislation providing for the joint and several liability of the director of the entity – Presumption of liability in respect of the director in the absence of notification that the entity is unable to pay the VAT due – Principle of proportionality
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-643/23 Agenciart – Management Artístico v CT
Reference for a preliminary ruling – Directive 2011/7/EU – Combating late payment in commercial transactions – Article 2(3) – Concept of an ‘undertaking’ – Exercise of an independent professional activity – Actor – Agency contract – Order for payment procedure
Request for a preliminary ruling from the Tribunal da Relação de Lisboa
Language of the case: Portuguese
Case C-808/21 Commission v Czech Republic (Éligibilité et qualité de membre d’un parti politique)
Failure of a Member State to fulfil obligations – Article 20 TFEU – Citizenship of the Union – Article 21 TFEU – Right to move and reside freely within the territory of the Member States – Article 22 TFEU – Right to vote and to stand as a candidate in municipal and European Parliament elections in the Member State of residence under the same conditions as nationals of that State – Citizens of the Union residing in a Member State of which they are not nationals – No right to become a member of a political party – Articles 2 and 10 TEU – Democratic principle – Article 4(2) TEU – Respect for the national identity of the Member States – Article 12 of the Charter of Fundamental Rights of the European Union – Role of political parties in expressing the will of citizens of the Union
Language of the case: Czech
Case C-814/21 Commission v Poland (« Éligibilité et qualité de membre d’un parti politique)
Failure of a Member State to fulfil obligations – Article 20 TFEU – Citizenship of the Union – Article 21 TFEU – Right to move and reside freely within the territory of the Member States – Article 22 TFEU – Right to vote and to stand as a candidate in municipal and European Parliament elections in the Member State of residence under the same conditions as nationals of that State – Citizens of the Union residing in a Member State of which they are not nationals – No right to be a member of a political party – Articles 2 and 10 TEU – Democratic principle – Article 4(2) TEU – Respect for the national identity of the Member States – Article 12 of the Charter of Fundamental Rights of the European Union – Role of political parties in expressing the will of citizens of the Union
Language of the case: Polish
Case C-719/22 Criminal proceedings against Profit Europe and Gosselin Forwarding Services (Validity of an anti-dumping regulation)
Reference for a preliminary ruling – Common commercial policy – Protection against dumping – Imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in China – Provisional Regulation (EU) No 1071/2012 – Implementing Regulation (EU) No 430/2013 – Validity – Regulation (EC) No 1225/2009 – Article 5 – Initiation of the investigation procedure – Definition of the product concerned – Threaded tube or pipe cast fittings, of spheroidal graphite cast iron
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
Case C-61/23 Еkоstroy v Agentsia „Patna infrastruktura“
Reference for a preliminary ruling – Approximation of laws – Road transport – Tax provisions – Directive 1999/62/EC – Charging of heavy goods vehicles for the use of certain infrastructures – Penalties applicable to infringements of the national provisions adopted under that directive – Article 9a – Requirement of proportionality – National legislation penalising all offences by means of a flat-rate fine
Request for a preliminary ruling from the Administrativen sad - Haskovo
Language of the case: Bulgarian
Case C-297/23 P Harley-Davidson Europe and Neovia Logistics Services International v Commission
Appeal – Common commercial policy – Measures to ensure the exercise by the European Union of its rights under international trade rules – Regulation (EU) No 654/2014 – Implementing Regulation (EU) 2018/886 – Customs union – Regulation (EU) No 952/2013 – Union Customs Code – Decisions relating to binding origin information (BOI) adopted by national customs authorities – Delegated Regulation (EU) 2015/2446 – Determination of the non-preferential origin of certain Harley-Davidson motorcycles – Concept of ‘processing or working operations which are not economically justified’ – Implementing decision of the European Commission on the revocation of BOI decisions – Delegation of power – Legitimate expectations – Right to good administration – Right to be heard
Language of the case: English
Case C-336/23 HP - Hrvatska pošta v Povjerenik za informiranje
Reference for a preliminary ruling – Approximation of laws – Open data and re-use of public sector information – Directive (EU) 2019/1024 – Article 1 – Scope – Article 2 – Concept of ‘re-use’ of documents – Right of access to documents held by a public sector body
Request for a preliminary ruling from the Visoki upravni sud
Language of the case: Croatian
Case C-370/23 Mesto Rimavská Sobota v Ministerstvo pôdohospodárstva
Reference for a preliminary ruling – Environment – Regulation (EU) No 995/2010 – Obligations of operators who place timber and timber products on the market – Article 2(a) to (c) – Concepts of ‘timber and timber products’, ‘placing on the market’ and ‘operator’
Request for a preliminary ruling from the Najvyšší správny súd Slovenskej republiky
Language of the case: Slovak
Case C-546/23 P UG v Commission
Appeal – Civil service – Members of the contract staff – Contract for an indefinite period – Termination of the contract – Article 47(c)(i) of the Conditions of Employment of Other Servants of the European Union – Incompetence – Conduct in the service and attitude at work incompatible with the interests of the service – Obligation to state reasons – Right to be heard – Right to parental leave – Article 42a of the Staff Regulations of Officials of the European Union
Language of the case: French
Case C-624/23 SEM Remont v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Deduction of VAT – Principle of neutrality of VAT – Late submission of an application for registration – Issuing and content of invoices – Invoice which does not state input VAT – Tax calculated on the basis of a report – Absence of a correcting invoice – Right of deduction – Precluded
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
Case C-432/22 Criminal proceedings against PT (Agreement concluded between the prosecutor and the perpetrator of an offence)
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Criminal offences and penalties in the field of illicit drug trafficking and the fight against organised crime – Possibility to reduce applicable penalties – Scope – Framework Decision 2004/757/JHA – Articles 4 and 5 – Framework Decision 2008/841/JHA – Articles 3 and 4 – National legislation not implementing EU law – Article 51(1) of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Second subparagraph of Article 19(1) TEU – Criminal proceedings against several persons – Agreement for settlement of the case provided for in national law – Approval by an ad hoc court – Consent of the other defendants
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
Case C-758/22 Bayerische Ärzteversorgung and Others v Deutsche Bundesbank
References for a preliminary ruling – Economic and monetary policy – European system of national and regional accounts – Statistical reporting requirements applicable to pension funds – Special pension schemes for the professions – Compulsory membership and contributions
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
Case C-80/23 Criminal proceedings against V.S. (Enregistrement de données biométriques et génétiques II)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Directive (EU) 2016/680 – Article 4(1)(a) to (c) – Article 8(1) and (2) – Article 10 – Accused person – Police record containing biometric and genetic data – Enforcement – Objectives of prevention and detection of criminal offences – Interpretation of the judgment of 26 January 2023, Ministerstvo na vatreshnite raboti (Recording of biometric and genetic data by the police) (C‑205/21, EU:C:2023:49) – Obligation to interpret national law in conformity with EU law – Assessment of whether it is ‘strictly necessary’ for the competent authorities to process sensitive data – Role of the competent authorities
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
Joined Cases C-129/23 and C-567/23 BG Technik v Generální ředitelství cel
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Combined Nomenclature – Classification of goods – Tariff heading 8703 – Motor cars and other motor vehicles principally designed for the transport of persons – Tariff heading 8713 – Carriages for disabled persons – Regulation (EC) No 718/2009 – Implementing Regulation (EU) 2021/1367 – SELVO 4800 vehicle – Concept of ‘disabled persons’
Requests for a preliminary ruling from the Nejvyšší správní soud and Krajský soud v Ostravě
Language of the case: Czech
Case C-169/23 Nemzeti Adatvédelmi és Információszabadság Hatóság v UC
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data and the free movement of such data – Regulation (EU) 2016/679 – Data processed when drawing up a COVID-19 certificate – Data not collected from the data subject – Information to be provided – Exception to the obligation to provide information – Article 14(5)(c) – Data generated by the controller in the context of its own processes – Right to complain – Competence of the supervisory authority – Article 77(1) – Appropriate measures to protect the data subject’s legitimate interests provided for by the Member State law to which the controller is subject – Measures relating to the security of data processing – Article 32
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
Joined Cases C-269/23 P and C-272/23 P Hengshi Egypt Fiberglass Fabrics and Jushi Egypt for Fiberglass Industry v Commission
Appeal – Common commercial policy – Protection against subsidised imports from third countries – Agreement on Subsidies and Countervailing Measures of the World Trade Organization (WTO) – Articles 1 and 2 – Regulation (EU) 2016/1037 – Articles 2 to 4 – Concepts of ‘subsidy’, ‘government’, ‘specificity’ and ‘benefit’ – Financial contributions granted by Chinese public bodies to undertakings incorporated under Egyptian law owned by Chinese entities established in the China-Egypt Suez Economic and Trade Cooperation Zone – Possibility of classifying such financial contributions as subsidies granted by the Government of Egypt, having regard to that government’s own conduct – Whether permissible – Conditions – Financial contribution consisting in forgoing government revenue that is otherwise due – Benefit conferred on the recipient undertakings – Choice of the relevant reference situation for the purpose of characterising the existence of that financial contribution and that benefit – Articles 5 and 6 – Calculation of the benefit – Concepts of ‘recipient’ and ‘undertaking’
Language of the case: English
Case C-293/23 ENGIE Deutschland v Landesregulierungsbehörde beim Sächsischen Staatsministerium für Wirtschaft, Arbeit und Verkehr
Reference for a preliminary ruling – Internal market for electricity – Directive (EU) 2019/944 – Points 28 and 29 of Article 2 – Concept of ‘distribution’ – Concept of ‘distribution system operator’ – Concept of ‘distribution system’ – Articles 30 to 39 – Distribution system operation – Undertaking operating an energy facility comprising a combined heat and power plant and an electric wiring system, supplying heat, hot water and electricity to the tenants of a residential complex – Simultaneous sale of the electricity generated – National legislation exempting the operator of such a facility from the obligations of distribution system operators under that directive
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-398/23 Criminal proceedings against PT (Accord entre le procureur et l’auteur d’une infraction)
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Criminal offences and penalties in the field of illicit drug trafficking and the fight against organised crime – Framework Decision 2004/757/JHA – Articles 4 and 5 – Framework Decision 2008/841/JHA – Articles 3 and 4 – National legislation not implementing EU law – Article 51(1) of the Charter of Fundamental Rights of the European Union – Right to information in criminal proceedings – Directive 2012/13/EU – Articles 1 and 6 – Right of a person to be informed of the charges against him or her – Effective judicial protection – First paragraph of Article 47 and Article 52(1) of the Charter of Fundamental Rights – Criminal proceedings against several persons – Agreement for settlement of the case entered into by one of the defendants and the public prosecutor – Consent of the other defendants
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
Case C-526/23 VariusSystems digital solutions v GR Inhaberin B & G
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments – Regulation (EU) No 1215/2012 – Special jurisdiction – Claim in matters relating to a contract – Second indent of Article 7(1)(b) – Contract for the provision of services – Software developed in one Member State and adapted to the needs of a customer residing in another Member State – Place of performance
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-622/23 rhtb v Parkring 14-16 Immobilienverwaltung
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Scope – Taxable transactions – Contract for services for the carrying out of a building project – Termination of the contract by the customer – Concept of ‘remuneration’ – Characterisation – Obligation to pay the total amount agreed after deduction of the costs saved by the supplier – Article 73 – Taxable amount
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Information (on unpublished decisions)
Case C-241/24 Criminal proceedings against M. N. D. and Y. G. Ts.
Case C-588/22 P Ryanair v Commission
Appeal – State aid – Article 107(3)(b) TFEU – Finnish air-transport market – Aid granted to an airline by the Republic of Finland in the context of the COVID-19 pandemic – Temporary Framework for State aid measures – Recapitalisation of Finnair plc – Decision by the European Commission not to raise any objections – Aid to remedy a serious disturbance in the economy – Principles of proportionality and of non-discrimination
Case C-439/24 P VDS Czmyr Kowalik v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-344/24 P Papasotiriou v Council and Commission
Case C-781/22 P LE v Commission
Appeal – Projects funded by the European Union in the area of research – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Project ALL-GAS – Regulation (EC) No 1906/2006 – Grant agreement – Consortium agreement – Exclusion of a participant – Ineligible costs – Debit notes – Article 299 TFEU – Regulation (EU, Euratom) 2018/1046 – Article 100(2) – Enforceable decision – Recovery decision – Action for annulment
Case C-165/23 Commission v Bulgaria (Espèces exotiques envahissantes)
Case C-520/24 P Jaw de Croon v CPVO
Appeal – Community plant variety rights – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Appeal not demonstrating the significance of an issue of law with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-538/24 P Penguin Random House v EUIPO
Case C-336/24 Criminal proceedings against SINHRON INVEST
Case C-49/24 Rzecznik Finansowy v Prokurator Generalny
Joined Cases C-388/24 and C-389/24 GK and Others v Ministero dell'Interno and Others
Joined Cases C-758/24 and C-759/24 LC and CP v Commissione Territoriale per il riconoscimento della Protezione Internazionale di Roma
December 2024
Case C-379/23 Guldbrev v Konsumentombudsmannen
Reference for a preliminary ruling – Consumer protection – Unfair commercial practices – Directive 2005/29/EC – Article 2(c), (d) and (i) – Article 3(1) – Scope – Concept of ‘product’ – Combined offer consisting of the valuation and purchase of a good
Request for a preliminary ruling from the Svea Hovrätt
Language of the case: Swedish
Case C-389/23 Bulgarfrukt v Oranzherii Gimel II
Reference for a preliminary ruling – Judicial cooperation in civil matters – European order for payment procedure – Regulation (EC) No 1896/2006 – European order for payment declared enforceable – Service of judicial and extrajudicial documents in civil or commercial matters – Regulation (EC) No 1393/2007 – Invalid service ascertained during enforcement – National legislation providing for a legal remedy enabling the defendant to apply for the annulment of a European order for payment – Legal consequences – Obligation of the court seised to annul the European order for payment
Request for a preliminary ruling from the Amtsgericht Wedding
Language of the case: German
Case C-506/23 Network One Distribution v Agenţia Naţională de Administrare Fiscală - Direcţia Generală Regională a Finanţelor Publice Bucureşti and Others
Reference for a preliminary ruling – Customs union – Incurrence and recovery of a customs debt – Regulation (EU) No 952/2013 – Recovery of anti-dumping duties relating to imports from China – Charging of interest on arrears under Regulation No 952/2013 – National legislation providing for the imposition of a late payment penalty in addition to interest on arrears
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-606/23 Tallinna Kaubamaja Grupp and KIA Auto v Konkurences padome
Reference for a preliminary ruling – Competition – Agreements, decisions and concerted practices – Article 101(1) TFEU – Vertical agreements – Restriction ‘by effect’ – Agreement establishing restrictions in respect of car warranties – Obligation for the competition authority to demonstrate anticompetitive effects – Actual effects and potential effects
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
Case C-680/23 Modexel v Autoridade Tributária e Assuntos Fiscais da Região Autónoma da Madeira
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – First paragraph of Article 183 – Rules governing the exercise of the right of deduction – Carrying forward excess VAT – Concept of ‘following period’ – Refund of excess VAT – Cessation of economic activity
Request for a preliminary ruling from the Tribunal Administrativo e Fiscal do Funchal
Language of the case: Portuguese
Case C-3/24 MISTRAL TRANS v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Prevention of the use of the financial system for the purposes of money laundering or terrorist financing – Directive (EU) 2015/849 – Scope – Article 2(1)(3)(a) – Obliged entity – Concept of ‘external accountants’ – Accounting services provided, on an ancillary basis, to companies related to the entity providing them
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
Case C-587/21 P DD v FRA
Appeal – Civil service – Members of the temporary staff – Disciplinary proceedings – Staff Regulations of Officials of the European Union – Annex IX – Article 3 – Compliance with the judgments of the Civil Service Tribunal and of the General Court of the European Union – Annulment of the decisions of the appointing authority – Discretion – Obligation to resume the proceedings at the very point at which the illegality occurred – Rights of the defence – Right to be heard – Article 29 – Compensation for the harm suffered
Language of the case: English
Case C-130/22 P DD v FRA
Appeal – Civil service – Staff Regulations of Officials of the European Union and Conditions of Employment of Other Servants of the European Union – Members of the temporary staff – Termination of a contract concluded for an indefinite period – Notice period – Maintenance of the duty of loyalty and of confidentiality – Disciplinary proceedings – Initiation of an administrative inquiry – Closure of the case without further action – Unlawful conduct attributable to the appointing authority – Non-material damage – Proof – Conditions necessary for the European Union to incur non-contractual liability
Language of the case: English
Case C-181/22 P Nemea Bank v ECB
Appeal – Economic and monetary policy – Prudential supervision of credit institutions – Regulation (EU) No 1024/2013 – Specific supervisory tasks assigned to the European Central Bank (ECB) – Article 24 – Decision to withdraw a credit institution’s authorisation – Administrative review procedure – Decision repealing an earlier decision – Action for annulment – Continuing interest in bringing proceedings – Actions for damages – Manifest inadmissibility
Language of the case: English
Case C-680/22 P DD v FRA
Appeal – Civil service – Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union – Members of the temporary staff – Disciplinary proceedings – Administrative investigation – Concept of ‘plagiarism’ – Appointment by the appointing authority of an investigator with whom it has a business relationship – Conflict of interest – Article 41(1) of the Charter of Fundamental Rights of the European Union – Objective impartiality – Article 17a – Official’s freedom of expression – Articles 11, 12 and 21 – Respect for the principles of loyalty and impartiality
Language of the case: English
Case C-118/23 Rada Nadzorcza Getin Noble Bank and Others v Bankowy Fundusz Gwarancyjny
Reference for a preliminary ruling – Recovery and resolution of credit institutions – Directive 2014/59/EU – Decision to take a crisis management measure in respect of a credit institution – Article 85(3) – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy of all persons affected by that decision – Compliance with a reasonable time limit – Requirement of an expeditious judicial review – Provision of national law requiring that all the actions be joined – Article 3(3) – Combining of functions by the resolution authority – Guarantee of operational independence
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Warszawie
Language of the case: Polish
Case C-300/23 NB v Kutxabank
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan agreement – Term providing for a variable interest rate – Reference index based on the annual percentage rates of charge (APRC) of mortgage loans granted by savings banks – Official index established by a published administrative act – Information contained in the preamble to that act – Check relating to the requirement of transparency – Assessment of the unfair nature of the term – Principle of effectiveness
Request for a preliminary ruling from the Juzgado de Primera Instancia de Donostia – San Sebastián
Language of the case: Spanish
Case C-331/23 Dranken Van Eetvelde v Belgische Staat
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 205 – Joint and several liability for tax debts owed by a third party – Conditions and scope of liability – Fight against VAT fraud – Joint and several liability for the payment of VAT which does not allow an assessment to be made on the basis of the contribution of each taxable person in the tax evasion – Principle of proportionality – Article 50 of the Charter of Fundamental Rights of the European Union – Principle non bis in idem – Criteria for application – Facts relating to different tax years against which administrative or criminal proceedings are brought – Continuing offence with unity of purpose – Facts not identical
Request for a preliminary ruling from the Rechtbank van eerste aanleg Oost-Vlaanderen Afdeling Gent
Language of the case: Dutch
Case C-388/23 Golden Omega v Inspecteur van de Belastingdienst Douane kantoor Rotterdam Rijnmond
Reference for a preliminary ruling – Customs union – Regulation (EEC) No 2658/87 – Common Customs Tariff – Tariff classification – Combined Nomenclature – Heading 1516 – Fats and oils and their fractions – Fish oil in the form of ethyl esters – Esterification of fatty acids with ethanol – Implementing Regulation (EU) 2019/1661 – Validity
Request for a preliminary ruling from the Rechtbank Noord-Holland
Language of the case: Dutch
Case C-419/23 CN v Nemzeti Földügyi Központ
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Article 17 of the Charter of Fundamental Rights of the European Union – Right to property – Right of usufruct over agricultural land – National legislation extinguishing, without compensation, the rights of usufruct – Judgment establishing a failure to fulfil obligations – Reinstatement in the land register of a previously deleted right of usufruct, without examination of the lawfulness of the original registration – Finality of the original registration
Request for a preliminary ruling from the Győri Törvényszék
Language of the case: Hungarian
Case C-436/23 Belgische Staat / Federale Overheidsdienst Financiën v Volvo Group Belgium
Reference for a preliminary ruling – Direct taxation – Article 49 TFEU – Freedom of establishment – Tax on company profits – National legislation establishing a fairness tax – National decision annulling that legislation – Maintenance of effects – Tax not payable by a non-resident company with a permanent establishment in the Member State – Tax payable by a subsidiary of a non-resident company – Choice of legal form – Comparability of situations
Request for a preliminary ruling from the Hof van Beroep te Gent
Language of the case: Dutch
Case C-527/23 Weatherford Atlas Gip v Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Soluţionare a Contestaţiilor and Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Administrare a Marilor Contribuabili
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 168 – Right to deduct VAT – Purchase of administrative services provided within the same group of companies – Refusal of the right of deduction
Request for a preliminary ruling from the Tribunalul Prahova
Language of the case: Romanian
Case C-725/23 M. v R.W.
Reference for a preliminary ruling – Directive 2011/7/EU – Combating late payment in commercial transactions – Transactions between undertakings – Commercial lease agreement – Point 8 of Article 2 – Concept of ‘amount due’ – Re-invoicing of rental charges and costs associated with the rent
Request for a preliminary ruling from the Sąd Rejonowy Katowice – Wschód w Katowicach
Language of the case: Polish
Case C-781/23 Malmö Motorrenovering v Allmänna ombudet
Reference for a preliminary ruling – Customs union – Union Customs Code – Regulation (EU) No 952/2013 – Article 250 – Temporary admission procedure – Article 251 – Period during which goods imported under that procedure may remain – Period insufficient for achieving the objective of authorised use – Customs debt incurred through non-compliance with that period – Conditions for extending that period – Importation of a racing car
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
Joined Cases C-119/22 and C-149/22 Teva and Teva Finland v Merck Sharp & Dohme and Merck Sharp & Dohme LLC v Clonmel Healthcare
Reference for a preliminary ruling – Medicinal products for human use – Supplementary protection certificate (SPC) – Regulation (EC) No 469/2009 – Conditions for obtaining an SPC for medicinal products – Article 3(a) – Concept of ‘product protected by a basic patent in force’ – Article 3(c) – Concept of ‘product the subject of an SPC’ – Criteria for assessment
Requests for a preliminary ruling from the Markkinaoikeus and the Supreme Court (Ireland)
Languages of the case: English and Finnish
Case C-573/22 A and Others v Skatteministeriet
Reference for a preliminary ruling – Common system of value added tax – Directive 2006/112/EC – Article 370 – Point 2 of Part A of Annex X – Derogation – Scope – Activities of a public radio and television body financed by a compulsory fee paid by the owners of devices capable of receiving radio and television broadcasts
Request for a preliminary ruling from the Østre Landsret - Nordhavn
Language of the case: Danish
Joined Cases C-717/22 and C-372/23 SISTEM LUX and VU v Teritorialna direktsia Mitnitsa Burgas and Teritorialna direktsia Mitnitsa Burgas kam Agentsia „Mitnitsi“
Reference for a preliminary ruling – Customs union – Regulation (EU) No 952/2013 – Union Customs Code – Article 15 – Provision of information to the customs authorities – Failure to comply with the customs legislation – Article 42 – Effective, proportionate and dissuasive penalties – Framework Decision 2005/212/JHA – Confiscation of crime-related proceeds, instrumentalities and property – Articles 2(1) – Confiscation – National provision providing for the imposition of a fine of between 100% and 200% of the customs value of the goods and confiscation thereof irrespective of the owner
Requests for a preliminary ruling from the Rayonen sad Svilengrad and Administrativen sad - Haskovo
Language of the case: Bulgarian
Case C-65/23 MK v K (Traitement de données personnelles des employés)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 88(1) and (2) – Processing in the context of employment – Employees’ personal data – More specific rules provided for by a Member State pursuant to that Article 88 – Obligation to comply with Article 5, Article 6(1) and Article 9(1) and (2) of that regulation – Processing on the basis of a collective agreement – Margin of discretion of the parties to the collective agreement as regards the necessity of the processing of personal data provided for by that agreement – Scope of judicial review
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
Joined Cases C-123/23 and C-202/23 N. A. K. and Others v Bundesrepublik Deutschland
Reference for a preliminary ruling – Area of freedom, security and justice – Border controls, asylum and immigration – Asylum policy – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Application for international protection – Grounds for inadmissibility – Article 2(q) – Concept of ‘subsequent application’ – Article 33(2)(d) – Rejection by a Member State of an application for international protection as inadmissible due to the rejection of a previous application made in another Member State or the discontinuation of the procedure by another Member State in respect of the previous application
Requests for a preliminary ruling from the Verwaltungsgericht Minden
Language of the case: German
Case C-157/23 Ford Italia v ZP and Stracciari
Reference for a preliminary ruling – Approximation of laws – Liability for defective products – Directive 85/374/EEC – Article 3(1) – Concept of ‘producer’ – Concept of a ‘person who … presents him[- or her]self as … [a] producer’ – Conditions – Supplier whose name is the same in part as that of the producer and as the trade mark put on the product by the producer
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-295/23 Halmer Rechtsanwaltsgesellschaft v Rechtsanwaltskammer München
Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Article 63 TFEU – Free movement of capital – Establishing the applicable freedom – Services in the internal market – Directive 2006/123/EC – Article 15 – Requirements which relate to the shareholding of a company – A purely financial investor’s holding in a law firm – Revocation of that law firm’s registration with the professional body on account of that holding – Restriction on freedom of establishment and on the free movement of capital – Justifications based on protecting the independence of lawyers and recipients of legal services – Necessity – Proportionality
Request for a preliminary ruling from the Bayerischer Anwaltsgerichtshof
Language of the case: German
Case C-369/23 Vivacom Bulgaria v Varhoven administrativen sad and Natsionalna agentsia za prihodite
Reference for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Effective legal protection in the fields covered by EU law – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Access to an independent and impartial tribunal – Liability of a Member State for damage caused to individuals by an infringement of EU law – Infringement by a national court adjudicating at last instance in relation to value added tax (VAT) – Jurisdiction of a court adjudicating at last instance while having the capacity of defendant in the dispute – Composition of the adjudicating panel
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-392/23 Rustrans v Ministerul Agriculturii şi Dezvoltării Rurale - Direcţia Generală Pescuit - Autoritatea de Management pentru POPAM
Reference for a preliminary ruling – Common fisheries policy – European Maritime and Fisheries Fund (EMFF) – Regulation (EU) No 1303/2013 – Article 69 – Concept of ‘eligible expenditure’ – Articles 4 and 125 – Regulation (EU) No 508/2014 – Article 48(1)(c) – Modernisation of an aquaculture unit – Regulation (EU, Euratom) 2018/1046 – Article 33 – Principle of sound financial management – Contribution in kind in the form of land and buildings located on that land – Direct link between the contribution in kind and the operation financed
Request for a preliminary ruling from the Curtea de Apel Bacău
Language of the case: Romanian
Case C-531/23 HJ v US and MU
Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Daily and weekly rest – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Articles 3, 5, 6, 16, 17, 19 and 22 – Requirement to establish a system enabling the duration of time worked by domestic workers to be measured – Derogation – National legislation exempting domestic workers from the obligation to record actual time worked
Request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco
Language of the case: Spanish
Case C-591/23 ZCC Europe v Hauptzollamt Düsseldorf
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Combined Nomenclature – Tariff classification – Headings 8113 and 8209 – Hard metal sticks made of cermets – Implementing Regulation (EU) 2021/910 – Validity – Classification criteria
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
Case C-596/23 B UG v Veronsaajien oikeudenvalvontayksikkö
Reference for a preliminary ruling – Excise duties – Directive 2008/118/EC – Article 36(1) – Online purchase of excise goods in another Member State – Transport by a transporter recommended by the vendor – National rules regarding the vendor as liable for the excise duties chargeable in the Member State of destination
Request for a preliminary ruling from the Helsingin hallinto-oikeus
Language of the case: Finnish
Case C-601/23 Credit Suisse Securities (Europe) v Diputación Foral de Bizkaia
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Taxation – Taxation of dividends – Withholding tax – Reimbursement of withholding tax, granted to resident dividend recipients that are loss-making at the end of the tax year in which the dividends are received – No reimbursement of the withholding tax to non-resident dividend recipients – Difference in treatment – Restriction – Comparability – Justification
Request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco
Language of the case: Spanish
Case C-664/23 Caisse d’allocations familiales des Hauts-de-Seine v TX
Reference for a preliminary ruling – Directive 2011/98/EU – Rights of third-country workers who hold a single permit – Article 12 – Right to equal treatment – Social security – National legislation determining entitlements to family benefits – Legislation excluding the taking into account of the minor children of the single permit holder for lack of evidence that they have entered the national territory lawfully
Request for a preliminary ruling from the Cour d'appel de Versailles
Language of the case: French
Joined Cases C-185/24 and C-189/24 RL and QS v Bundesrepublik Deutschland
Reference for a preliminary ruling – Asylum policy – Regulation (EU) No 604/2013 – Article 3(2) – Transfer of the asylum seeker to the Member State responsible for examining the application for international protection – Article 4 of the Charter of Fundamental Rights of the European Union – Risk of inhuman or degrading treatment – Evidence and standard of proof of the real risk of inhuman or degrading treatment, resulting from systemic flaws in the asylum procedure and in the reception conditions for applicants in the Member State responsible – Suspension, by the Member State responsible, of the taking charge of and taking back of asylum seekers
Requests for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen
Language of the case: German
Joined Cases C-244/24 and C-290/24 P and Others v Staatssecretaris van Justitie en Veiligheid
Reference for a preliminary ruling – Asylum policy – Temporary protection in the event of a mass influx of displaced persons – Directive 2001/55/EC – Articles 4 and 7 – Invasion of Ukraine by Russian armed forces – Implementing Decision (EU) 2022/382 – Article 2(3) – Option for a Member State to apply temporary protection to displaced persons not covered by that decision – Point in time when a Member State which has granted temporary protection to such persons may terminate that protection – Return of illegally staying third-country nationals – Directive 2008/115/EC – Article 6 – Return decision – Point in time when a Member State may adopt a return decision – Illegal stay
Requests for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Amsterdam and Raad van State
Language of the case: Dutch
Information (on unpublished decisions)
Case C-324/24 P AG v Commission
Case C-772/23 P Euranimi v Commission
Appeal – Common rules for imports – Safeguard measures – Regulation (EU) 2015/478 – Article 19(2) – Extension of a safeguard measure – Conditions – Steel products market – Import of certain steel products – Implementing Regulation (EU) 2021/1029
Case C-149/24 United Media Services v Consiliul Concurenţei
Case C-534/24 Your personal driver v Comune di Roma
January 2025
Case C-394/23 Mousse v CNIL and SNCF Connect
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 5(1)(c) – Data minimisation – Article 6(1) – Lawfulness of processing – Data relating to title and gender identity – Online sale of travel documents – Article 21 – Right to object
Request for a preliminary ruling from the Conseil d'état (France)
Language of the case: French
Case C-416/23 Österreichische Datenschutzbehörde v F R and Bundesministerin für Justiz (Demandes excessives)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 57(1)(f) and Article 57(4) – Tasks of the supervisory authority – Concepts of a ‘request’ and ‘excessive requests’ – Charging of a reasonable fee or refusal to act on requests in the event of manifestly unfounded or excessive requests – Criteria which may guide the supervisory authority in making its choice – Article 77(1) – Concept of a ‘complaint’
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-578/23 Česká republika – Generální finanční ředitelství v Úřad pro ochranu hospodářské soutěže
Reference for a preliminary ruling – Public contracts – Directive 2004/18/EC – Article 31(1)(b) – Negotiated procedure without prior publication of a contract notice – Conditions – Technical reasons – Reasons connected with the protection of exclusive rights – Attributable to the contracting authority – Factual and legal circumstances to be taken into consideration
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-583/23 AK v Ministère public
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2014/41/EU – European Investigation Order in criminal matters – Material scope – Concept of ‘investigative measure’ – Service of an indictment accompanied by an order that the person be remanded in custody pending trial and make a bail payment – Hearing of the accused person
Request for a preliminary ruling from the Cour de cassation - Chambre criminelle
Language of the case: French
Case C-627/23 Commune de Schaerbeek and Commune de Linkebeek v Holding Communal
Reference for a preliminary ruling – Directive 2003/71/EC – Prospectus to be published when securities are offered to the public or admitted to trading – Article 2(1)(a) – Concept of ‘securities’ – Article 3 – Obligation to publish a prospectus – Securities negotiable on the capital market – Shares in a holding company that may be held only by certain territorial administrative authorities of a Member State – Transfer of shares requiring the approval of the board of directors of the holding company
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-726/22 P Commission v Pollinis France
Appeal – Access to documents – Regulation (EC) No 1049/2001 – Article 4(3), first subparagraph – Protection of the decision-making process – Regulation (EU) No 182/2011 – Committee procedure – Positions expressed by Member States and other Members of Committees – Refusal to grant access
Language of the case: English
Case C-277/23 E P v Ministarstvo financija Republike Hrvatske, Samostalni sektor za drugostupanjski upravni postupak (Bourse Erasmus+)
Reference for a preliminary ruling – Citizenship of the Union – Article 21(1) TFEU – Right to move and reside freely within the territory of the Member States – Tax legislation – Income tax – Calculation of the amount of the basic personal allowance for a dependent child who has received mobility support for educational purposes in the context of the Erasmus+ programme – Regulation (EU) No 1288/2013 – Taxation of grants to support the mobility of individuals covered by that regulation – Restriction on freedom of movement – Proportionality
Request for a preliminary ruling from the Ustavni sud
Language of the case: Croatian
Case C-346/23 Banco de Santander v Asociación de Consumidores y Usuarios de Servicios Generales-Auge (Représentation des consommateurs individuels)
Reference for a preliminary ruling – Markets in financial instruments – Directive 2004/39/EC – Article 52(2) – Action brought in the interests of consumers – Consumer organisations having a legitimate interest in protecting consumers – Standing to bring legal proceedings to defend the individual interests of their members – Loss of standing in the case of investments in high-value financial products – Exemption from court fees and from the obligation to pay the costs incurred by the opposing party – Procedural autonomy – Principle of effectiveness
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
Case C-376/23 BALTIC CONTAINER TERMINAL v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Customs Union – Regulation (EU) No 952/2013 – Union Customs Code – Delegated Regulation (EU) 2015/2446 – Implementing Regulation (EU) 2015/2447 – Free zones – Change of customs status of non-Union goods to Union goods – Records of the holder of an authorisation to carry on activities in a free zone – Legitimate expectations – Res judicata
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
Case C-400/23 Criminal proceedings against VB (Information sur le droit à un nouveau procès)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/343 – Right to be present at the trial – Article 8(2) – Trial resulting in a decision imposing a conviction in absentia or a decision of acquittal in absentia – Conditions – Article 8(4) – Obligation to inform the person tried in absentia of the legal remedies available – Article 9 – Right to a new trial or to another legal remedy which allows a fresh determination of the merits of the case and which may lead to the original decision being reversed – Article 10(1) – Right to an effective remedy – National legislation making the recognition of the right to a new trial subject to the submission of a request to reopen criminal proceedings to a judicial authority before which the person tried in absentia must appear
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
Case C-424/23 DYKA Plastics v Fluvius System Operator
Reference for a preliminary ruling – Award of public works contracts – Directive 2014/24/EU – Article 42 – Technical specifications – Formulation – Whether the list at Article 42(3) is exhaustive in nature – Invitation to tender requiring drainage work to be carried out using pipes made of vitrified clay and made of concrete – Plastic pipes excluded – Article 42(4) – Reference to a type or to a specific production – Situations in which a reference must be accompanied by the words “or equivalent”
Request for a preliminary ruling from the Ondernemingsrechtbank Gent Afdeling Gent
Language of the case: Dutch
Case C-516/23 NW and YS v Qatar Airways
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 3(3) – Travel free of charge or at a reduced fare not available directly or indirectly to the public – Passenger who has paid only charges and air transport taxes – Reservation in the context of a promotional campaign – Article 8(1)(c) – Right to re-routing at a later date – No requirement of a temporal link between the cancelled flight and the re-routing flight desired by the passenger
Request for a preliminary ruling from the Landgericht Frankfurt am Main
Language of the case: German
Case C-588/23 Scai v Regione Campania
Reference for a preliminary ruling – Recovery of unlawful and incompatible aid – Regulation (EU) 2015/1589 – Article 16 – Beneficiary of individual aid identified in the European Commission recovery decision – Implementation of the recovery decision – Transfer of the aid to another undertaking after the recovery decision – Economic continuity – Assessment – Competent authority – Extension of the recovery obligation to the actual beneficiary – Audi alteram partem rule – Articles 41 and 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania
Language of the case: Italian
Case C-642/23 Flightright v Etihad Airways (Compte de fidélité)
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 8(1)(a) – Right to reimbursement of the cost of the airline ticket in the event of cancellation of a flight – Choice between reimbursement in money or in travel vouchers – Article 7(3) – Concept of the ‘signed agreement of the passenger’ – Loyalty account set up by the passenger on the air carrier’s website
Request for a preliminary ruling from the Landgericht Düsseldorf
Language of the case: German
Case C-644/23 Criminal proceedings against IR
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/343 – Article 8 – Right to be present at the trial – Information regarding the holding of the trial and the consequences of non-appearance – Inability to locate the accused person notwithstanding the reasonable efforts of the competent authorities – Possibility of a trial and a decision in absentia – Article 9 – Right to a new trial or to another legal remedy which allows a fresh determination of the merits of the case – No such right where the person concerned absconds
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
Case C-188/23 Land Niedersachsen v Conti 11. Container Schiffahrt (Convention de Bâle)
Reference for a preliminary ruling – Environment – Shipment of waste – Directive 2006/12/EC – Directive 2008/98/EC – Concept of ‘waste’ – Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal – Article 1(4) – Regulation (EC) No 1013/2006 – Waste subject to the prior written notification and consent procedure – Shipments of waste within the European Union – Article 1(3)(b) – Validity – Interpretation in conformity with the Basel Convention – Waste generated on board a ship following damage sustained by it on the high seas – Concept of ‘offloading of waste’ – Partial offloading of waste in a safe port
Request for a preliminary ruling from the Oberlandesgericht München
Language of the case: German
Case C-766/21 P Parliament v Axa Assurances Luxembourg and Others
Appeal – Article 56 of the Statute of the Court of Justice of the European Union – More than one defendant in the proceedings at first instance – Judgment in default against one of those defendants which is the subject of an application before the General Court of the European Union to have it set aside – Admissibility of the appeal brought against that judgment – Conditions – Article 41 of the Statute of the Court of Justice of the European Union – Admissibility of the response to an appeal submitted by a party against which an order was made by default at first instance – Article 172 of the Rules of Procedure of the Court of Justice – Cross-appeal brought by a party against which an order was made by default and which has made an application to set aside to the General Court – Article 176(1) and Article 178 of the Rules of Procedure of the Court of Justice – Inadmissibility – Arbitration clause – Article 272 TFEU – Insurance contract concluded by the European Parliament – Exclusion clause in respect of damage relating directly or indirectly to flooding – Scope
Language of the case: French
Case C-93/23 P EUIPO v Neoperl
Appeal – EU trade mark – Regulation (EC) No 207/2009 – Article 4 – Signs of which an EU trade mark may consist – Application for registration of a tactile position mark representing a cylindrical sanitary insert – Article 7 – Absolute grounds for refusal – Obligation to examine at the outset the ground for refusal laid down in Article 7(1)(a) of Regulation No 207/2009 – None – Regulation (EU) 2017/1001 – Article 72(3) – Power of the General Court to alter the decision of the Board of Appeal – Limits
Language of the case: German
Case C-187/23 Proceedings brought by E. V. G.-T.
Reference for a preliminary ruling – Article 267 TFEU – Concept of ‘court or tribunal’ – Judicial cooperation in civil matters – European Certificate of Succession – Regulation (EU) No 650/2012 – Article 67(1) – Decisions taken by the issuing authority – No exercise of a judicial function – Inadmissibility
Request for a preliminary ruling from the Amtsgericht Lörrach
Language of the case: German
Case C-421/23 Criminal proceedings against EX (Faux certificats A 1)
Reference for a preliminary ruling – Migrant workers – Social security – Applicable legislation – Posted workers – Documents in the form of A1 certificates allegedly issued by the institution competent to issue those certificates – Regulation (EC) No 883/2004 – Article 76(6) – Obligation of the authorities of the host Member State to initiate a dialogue and conciliation procedure for the purpose of determining whether fraud has occurred
Request for a preliminary ruling from the Cour d'appel de Liège
Language of the case: French
Case C-490/23 P Neos v Commission
Appeal – State aid – Aid scheme – Measures intended to support airlines holding a national operating licence in the context of the COVID-19 pandemic – Decision by the European Commission not to raise any objections – Obligation to state reasons
Language of the case: English
Case C-518/23 Bundesverband der Verbraucherzentralen und Verbraucherverbände v NEW Niederrhein Energie und Wasser
Reference for a preliminary ruling – Consumer protection – Unfair commercial practices – Directive 2005/29/EC – Article 7 – Misleading omissions – Invitation to purchase – Material information – Information to be provided to the consumer on the manner in which the price is calculated – Online electricity supply offer – Tariff calculator – Indication of a percentage increase in the price applicable to the consumer
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-677/23 A. B. and F. B. v Slovenská sporiteľňa (Informations dans les contrats de crédit aux consommateurs)
Reference for a preliminary ruling – Consumer protection – Credit agreements for consumers – Directive 2008/48/EC – Requirements relating to information to be included in such a credit agreement – Duty to provide information – Duration of the agreement – Annual percentage rate of charge (APRC) – Assumptions used in order to calculate the APRC
Request for a preliminary ruling from the Krajský súd v Prešove
Language of the case: Slovak
Case C-253/23 ASG 2 v Land Nordrhein-Westfalen
Reference for a preliminary ruling – Competition – Article 101 TFEU – Directive 2014/104/EU – Actions for damages for infringements of competition law – Point 4 of Article 2 – Concept of ‘action for damages’ – Article 3(1) – Right to full compensation for harm suffered – Assignment of compensation claims to a provider of legal services – National law precluding recognition of the standing of such a provider with a view to group collection of those claims – Article 4 – Principle of effectiveness – First paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Right to effective judicial protection
Request for a preliminary ruling from the Landgericht Dortmund
Language of the case: German
Case C-205/23 Engie Romania v Autoritatea Naţională de Reglementare în Domeniul Energiei
Reference for a preliminary ruling – Energy – Internal market in natural gas – Directive 2009/73/EC – Article 3(1) – Obligations of Member States towards natural gas undertakings – Consumer protection – Articles 40 and 41 – Powers of the regulatory authority – Breach by a natural gas undertaking of its duty of transparency towards consumers – Duplication of penalties for the same unlawful conduct – Article 50 of the Charter of Fundamental Rights of the European Union – Right not to be tried or punished twice in criminal proceedings for the same criminal offence – Ne bis in idem – Article 52(1) – Limitations on the exercise of that fundamental right – Principle of proportionality
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
Case C-510/23 Trenitalia v AGCM
Reference for a preliminary ruling – Consumer protection – Unfair business-to-consumer commercial practices in the internal market – Directive 2005/29/EC – Measures intended to combat such practices – Articles 11 and 13 – Procedures for infringement of the rules of consumer law – Compliance with a reasonable time limit – National legislation requiring the national authority to issue a statement of objections within a time limit of 90 days of knowledge of the essential elements of the infringement – Automatic annulment in its entirety of the decision of the national authority in the event of failure to comply with that time limit – Principle ne bis in idem – Revocation of the power to initiate new infringement proceedings in respect of the same facts – Principle of effectiveness – Rights of defence of undertakings
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
Case C-586/23 P Frajese v Commission
Appeal – Public health – Medicinal products for human use – Marketing authorisation – Spikevax – Comirnaty – Action for annulment – Independence and impartiality of the Courts of the European Union – Failure to comply with procedural rules – Failure to give adequate reasons, and contradictory reasoning – Legal interest in bringing proceedings – Locus standi – Fourth paragraph of Article 263 TFEU – Right to effective judicial protection
Language of the case: Italian
Information (on unpublished decisions)
Case C-800/23 Minister van Financiën v DRINKS 52 and NZ
Case C-577/24 P Peikko Group v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request not demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
Case C-547/23 P Região Autónoma da Madeira v Commission (Zone franche de Madère)
Case C-577/23 Commission v Estonia (Directive ECN +)
February 2025
Case C-158/23 T.G. v Minister van Sociale Zaken en Werkgelegenheid
Reference for a preliminary ruling – Asylum policy – Refugee status or subsidiary protection status – Directive 2011/95/EU – Article 34 – Access to integration facilities – Obligation to pass, on pain of a fine, a civic integration examination – Beneficiary of international protection who has not passed such an examination in time – Obligation to pay a fine – Obligation to bear the full costs of civic integration courses and examinations – Possibility of obtaining a loan in order to pay those costs
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
Case C-632/24 P-R :
Appeal – Interim relief – Article 278 TFEU – Application for suspension of operation of a judgment of the General Court of the European Union – Access to documents of the European Commission – Declarations of absence of conflict of interests given by members of the Commission negotiating team for the purchase of vaccines against COVID-19 – Commission decision refusing access to the identity and professional status of those persons
Language of the case: French
Case C-677/22 Przedsiębiorstwo A. v P. (Délai de paiement de 120 jours fixé par le débiteur)
Reference for a preliminary ruling – Combating late payment in commercial transactions – Directive 2011/7/EU – Commercial transactions between undertakings – Article 3(5) – Obligation on Member States to ensure that the period for payment set in the contract concluded between undertakings does not exceed 60 calendar days – Possibility, for contracting parties, to set a longer period for payment – Condition for the express agreement in the contract of such a period – Condition that a contractual term is not grossly unfair to the creditor – Cumulative conditions – Contracts in which the terms are determined unilaterally by one of the parties – Contractual term by which the debtor unilaterally sets the period for payment of 120 days – Unlawfulness
Request for a preliminary ruling from the Sąd Rejonowy Katowice – Wschód w Katowicach
Language of the case: Polish
Case C-42/24 Emporiki Serron – Emporias kai Diathesis Agrotikon Proionton v Ypourgos Anaptyxis kai Ependyseon and Ypourgos Agrotikis Anaptyxis kai Trofimon
Reference for a preliminary ruling – Protection of the European Union’s financial interests – Regulation (EC, Euratom) No 2988/95 – Irregularities – Article 3 – Limitation period – Duration and starting point of that period – National legislation providing for a five-year limitation period as from the time the irregularity is discovered
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
Case C-829/24 Commission v Hungary
Expedited procedure
Language of the case: Hungarian
Case C-121/23 P Swissgrid v Commission
Appeal – Internal market for electricity – Guideline on electricity balancing – Regulation (EU) 2017/2195 – Article 1(6) and (7) – Transmission system operators (TSOs) – Participation in European platforms for the exchange of standard products for balancing energy – Article 263 TFEU – Action for annulment – Admissibility – Concept of ‘challengeable act’ – Letter from the European Commission refusing the participation of a TSO operating in Switzerland in European platforms
Language of the case: English
Joined Cases C-244/23 P to C-246/23 P Commission v Carpatair and Wizz Air Hungary and AITTV v Commission
Appeal – State aid – Aviation sector – Measures implemented by Timişoara International Airport (Romania) in favour of Wizz Air and other airlines using that airport – Decision finding that there is no State aid – Action for annulment – Article 263 TFEU – Admissibility – Condition that the applicant must be directly and individually concerned – Obligation to state reasons – Distortion of the evidence
Language of the case: English
Case C-383/23 Criminal proceedings against ILVA (Amende pour violation du RGPD)
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 83(4) to (6) and (9) – Concept of an ‘undertaking’ – Parent company and subsidiary – Infringement of that regulation by a subsidiary – Calculation of the amount of the fine – Consideration of the total turnover of the group of which that subsidiary forms part
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
Case C-393/23 Athenian Brewery and Heineken v Macedonian Thrace Brewery
Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Special jurisdiction – Article 8(1) – Multiple defendants – Claims ‘so closely connected’ that it is expedient to hear and determine them together – Article 102 TFEU – Concept of an ‘undertaking’ – Parent and subsidiary companies – Infringement committed by the subsidiary – Presumption of dominant influence exercised by the parent company – Joint and several liability – Decision of a national competition authority – Actions for compensation
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-472/23 Lexitor v A. B.
Reference for a preliminary ruling – Consumer protection – Credit agreements for consumers – Directive 2008/48/EC – Article 10(2) – Duty to provide information – Annual percentage rate of charge – Modification of charges and commissions – Article 23 – National rules on penalties – Principle of proportionality
Request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie
Language of the case: Polish
Case C-612/23 Verbraucherzentrale Berlin v Vodafone (Notion de durée d’engagement initiale)
Reference for a preliminary ruling – Directive 2002/22/EC (Universal Service Directive) – Electronic communications networks and services – Universal service and users’ rights – Consumer protection – Contracts concluded between a consumer and an undertaking providing electronic communications services – Facilitating change of provider – Article 30(5) – Initial commitment period – Concept
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
Case C-625/23 Società Agricola Circe v ST and AGEA
Reference for a preliminary ruling – Agriculture – Common agricultural policy – Regulation (EC) No 1782/2003 – Single payment scheme – Article 33 – Regulation (EC) No 795/2004 – Payment entitlements – Eligibility – Article 15 – Concept of ‘scission’ – Reduction of the agricultural area after the provisional allocation of payment entitlements – Relevance of that reduction for the definitive allocation of the aid
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
Case C-684/23 Latvijas Sabiedriskais Autobuss v Iepirkumu uzraudzības birojs and Autotransporta direkcija
Reference for a preliminary ruling – Transport – Public passenger transport services by rail and by road – Regulation (EC) No 1370/2007 – Public passenger transport services by bus – Point (c) of the third subparagraph of Article 5(2) – Award of public service contracts – Award of a contract for the provision of public transport services by bus – Award in the form of a service concession contract – Direct award by a competent local authority to an internal operator – Article 5(3) – Competitive tendering procedure – Award of a contract for the provision of public transport services by bus by another competent authority – Participation of the internal operator – Conditions
Request for a preliminary ruling from the Administratīvā rajona tiesa
Language of the case: Latvian
Case C-339/22 BSH Hausgeräte v Electrolux
Reference for a preliminary ruling – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 4(1) – General jurisdiction – Article 24(4) – Exclusive jurisdiction – Jurisdiction in proceedings concerned with the registration or validity of patents – Infringement action – European patent validated in Member States and in a third State – Challenge to the validity of the patent raised as a defence – International jurisdiction of the court hearing the infringement action
Request for a preliminary ruling from the Svea Hovrätt
Language of the case: Swedish
Joined Cases C-146/23 and C-374/23 XL and Others v Sąd Rejonowy w Białymstoku and Lietuvos Respublika
References for a preliminary ruling – Freezing or reduction of remuneration in the national public administration – Measures specifically aimed at judges – Article 2 TEU – Article 19(1), second subparagraph, TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Obligations on Member States to provide remedies sufficient to ensure effective judicial protection – Principle of judicial independence – Powers of the legislatures and executives of the Member States to set the detailed rules for determining judges’ remuneration – Possibility of derogating from those rules – Conditions
Requests for a preliminary ruling from the Sąd Rejonowy w Białymstoku and Vilniaus apygardos administracinis teismas
Languages of the case: Polish and Lithuanian
Case C-233/23 Alphabet and Others v AGCM
Reference for a preliminary ruling – Competition – Dominant position – Article 102 TFEU – Digital markets – Digital platform – Refusal of an undertaking in a dominant position which has developed a digital platform to allow access to that platform by a third-party undertaking which has developed an app, by ensuring that platform is interoperable with that app – Assessment of whether access to a digital platform is indispensable – Effects of the conduct at issue – Objective justification – Need for the undertaking in a dominant position to develop a template for a category of apps in order to allow access – Definition of the relevant downstream market
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-620/24 P(R) WebGroup Czech Republic v Commission
Appeal – Interim relief – Approximation of laws – Regulation (EU) 2022/2065 – Single market for digital services – Article 33(4) – Designation as a very large online platform – Article 39 – Additional online advertising transparency – Action for annulment – Weighing up of interests
Language of the case: English
Case C-766/24 Criminal proceedings against AB
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law or admits of no reasonable doubt – Convention implementing the Schengen Agreement – Article 54 – Article 50 of the Charter of Fundamental Rights of the European Union – Principle ne bis in idem – Scope – Judgment ordering the committal of a person to a facility for offenders with mental illness – Suspension subject to that person undergoing medical treatment
Request for a preliminary ruling from the Protodikeio Peiraios
Language of the case: Greek
Case C-203/22 CK v Dun & Bradstreet Austria and Magistrat der Stadt Wien
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 15(1)(h) – Automated decision-making, including profiling – Scoring – Assessment of the creditworthiness of a natural person – Access to meaningful information about the logic involved in profiling – Verification of the accuracy of the information provided – Directive (EU) 2016/943 – Point 1 of Article 2 – Trade secret – Personal data of third parties
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
Case C-18/23 F v Dyrektor Krajowej Informacji Skarbowej (Mode de gestion d’un OPC)
Reference for a preliminary ruling – Article 63(1) TFEU – Free movement of capital – Undertakings for collective investment in transferable securities – Corporation tax – Exemption from corporation tax for income received by such an undertaking – Conditions for exemption – External management of that undertaking – Directive 2009/65/EC – Article 29(1) – Applicability
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Gliwicach
Language of the case: Polish
Case C-454/23 K.A.M. v Cyprus
Reference for a preliminary ruling – Area of freedom, security and justice – Asylum policy – International protection – Directive 2011/95/EU – Refugee status – Article 14(4)(a) and (5) – Revocation or refusal to grant refugee status in the event of danger to the security of the host Member State – Conduct and acts prior to the entry of the applicant into the territory of the host Member State – Admissibility – Validity – Article 18 of the Charter of Fundamental Rights of the European Union – Article 78(1) TFEU – Convention relating to the Status of Refugees (‘Geneva Convention’)
Request for a preliminary ruling from the Dioikitiko Dikastirio Diethnous Prostasias
Language of the case: Greek
Case C-517/23 Apothekerkammer Nordrhein v DocMorris
Reference for a preliminary ruling – Medicinal products for human use – Directive 2001/83/EC – Article 86(1) – Concept of ‘advertising of medicinal products’ – Article 87(3) – Advertising of prescription-only medicinal products – Advertising of a pharmacy’s entire range of medicinal products – Vouchers corresponding to a certain sum of money or a percentage reduction for the subsequent purchase of other products – Price reductions and payments with immediate effect – Free movement of goods – Article 34 TFEU – Freedom to provide services – Electronic commerce – Directive 2000/31/EC – Article 3(2) and (4)(a) – Restriction – Justification – Consumer protection
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-537/23 SIL v Agora
Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 25(1) – Agreement conferring jurisdiction – Assessment of the validity of the agreement – Imprecise and asymmetric nature – Applicable law – Concept of ‘null and void as to its substantive validity’
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
Case C-562/23 T - 2 družba za ustvarjanje, razvoj in trženje elektronskih komunikacij in opreme v Agencija za komunikacijska omrežja in storitve Republike Slovenije
Reference for a preliminary ruling – Authorisation of electronic communications networks and services – Harmonised radio spectrum – Individual rights of use for a limited period – Extension of those rights – Directive 2002/20/EC – Article 5(2) – Directive 2002/20, as amended by Directive 2009/140/EC – Article 5(2) – European Electronic Communications Code – Directive (EU) 2018/1972 – Article 49(1) and (2) – Temporal applicability
Request for a preliminary ruling from the Upravno sodišče Republike Slovenije
Language of the case: Slovene
Case C-638/23 Amt der Tiroler Landesregierung v Datenschutzbehörde and Others
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 4(7) – Concept of ‘controller’ – Direct designation of the controller by national law – Auxiliary administrative entity in the service of a regional government – Lack of legal personality – Lack of legal capacity of the entity’s own – Determination of the purposes and means of the processing
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-674/23 AEON NEPREMIČNINE and Others v Državni zbor Republike Slovenije
Reference for a preliminary ruling – Freedom of establishment – Services in the internal market – Directive 2006/123/EC – Article 15(2) and (3) – Fixed maximum tariffs – Provider of property intermediation services – National legislation laying down a maximum limit on the commission charged for intermediation services relating to the sale or rental of immovable property by a natural person – Proportionality – Articles 16 and 38 of the Charter of Fundamental Rights of the European Union – Freedom to conduct a business – Consumer protection
Request for a preliminary ruling from the Ustavno sodišče Republike Slovenije
Language of the case: Slovene
Case C-753/23 A. N. v Ministerstvo vnitra
Reference for a preliminary ruling – Area of freedom, security and justice – Temporary protection in the event of a mass influx of displaced persons – Directive 2001/55/EC – Articles 8 and 11 – Implementing Decision (EU) 2022/382 – Successive applications for a residence permit for the purposes of temporary protection in several Member States – Examination of the subsequent application – Right to an effective remedy
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-16/24 Criminal proceedings against YR and Others
Reference for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Effective judicial protection – National rules on how cases are allocated among the judges of a given court – Allocation of cases by the head of court management – Power of the judge assigned to verify the lawfulness of the allocation
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
Case C-85/24 Verein für Konsumenteninformation v BAWAG P.S.K.
Reference for a preliminary ruling – Consumer protection – Credit agreements for consumers relating to residential immovable property – Directive 2014/17/EU – Article 13(1)(g) – General information on home loan products – Obligation to provide a ‘representative example’ – Directive 2005/29/EC – Article 7 – Banking institution offering different variants of loans – Information sheet including only examples of variable rate credit agreements
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-220/24 Aeroportul Internaţional „Avram Iancu” Cluj v Consiliul Concurenţei
Reference for a preliminary ruling – Air transport – Directive 96/67/EC – Access to the groundhandling market at EU airports – Article 1 – Scope – Airports whose annual traffic is less than two million passenger movements – Refusal of access to airport infrastructure at such an airport – Article 6 – Groundhandling for third parties – Applicability of the competition rules – Article 102 TFEU
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-277/24 M. B. v Dyrektor Izby Administracji Skarbowej we Wrocławiu
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 273 – Measures to ensure the correct collection of VAT – VAT debt of a taxable person – National legislation which provides for the joint and several liability of the former chairperson of the management board of the taxable person – Participation of the former chairperson of the management board in the proceedings establishing the existence of a VAT debt – Proceedings to invoke joint and several liability – Calling into question of the VAT debt – Rights of the defence – Proportionality
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu
Language of the case: Polish
Information (on unpublished decisions)
Case C-11/24 P D’Agostino v ECB
Case C-308/24 P Dakem v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Public health – Implementing Decision (EU) 2023/686 – Refusal to grant a Union authorisation for a single biocidal product (insecticide) – Notification to the addressee – Third subparagraph of Article 297(2) TFEU – Period for lodging an appeal – Sixth paragraph of Article 263 TFEU – Starting point of that period – Appeal manifestly inadmissible
Case C-7/24 Deutsche Rentenversicherung Nord and BG Verkehr v Gjensidige Forsikring
Case C-281/24 Commission v Slovakia (Risques d’inondation)
Case C-450/24 Criminal proceedings against MB
Case C-607/24 P W.B. Studio v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-608/24 P W.B. Studio v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-784/22 Solvay Sodi v Zamestnik-predsedatel na Darzhavna agentsia „Darzhaven rezerv i voennovremenni zapasi“
Case C-262/24 Pegazus Busz Fuvarozó v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Case C-614/24 P RS v EIB
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Staff member of the European Investment Bank (EIB) – Non-conversion of a fixed-term contract into a contract of indefinite duration – Legitimate expectations – Action for annulment and for damages
Case C-270/24 Granulines Invest v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Joined Cases C-804/23 P and C-805/23 P Nutmark and Piamark v Commission
Case C-748/22 E.B. v Presidenza del Consiglio dei Ministri and Others (Rétribution des magistrats honoraires II)
Case C-353/23 P Nouryon Performance Formulations v Commission
Appeal – Regulation (EC) No 1907/2006 (REACH Regulation) – Evaluation of registration dossiers – Request for further studies for the purposes of the evaluation of the registration dossier for dimethyl ether – Decision addressed to the registrant and contested by it before the General Court of the European Union – Subsequent replacement of the registrant at the European Chemicals Agency (ECHA) – Appeal brought by the new registrant – Article 56 of the Statute of the Court of Justice of the European Union – Appeal brought by an entity which was not a party to the proceedings before the General Court – Inadmissibility
Case C-32/24 P OA v Parliament
Appeal – Civil service – Staff Regulations of Officials – EU pension scheme – Article 77, third subparagraph – Scope of application – Accredited parliamentary assistant who has spent his entire professional career in the European Parliament – Interpretation consistent with the principles of equal treatment and non-discrimination – Principle of the protection of legitimate expectations
Case C-128/24 Commission v Greece (Plans issus de la planification de l’espace maritime)
Case C-223/24 P Lukoil v Registre de transparence and Others
March 2025
Joined Cases C-647/21 and C-648/21 D. K. and Others v Prokuratura Rejonowa w Bytowie and Prokuratura Okręgowa w Łomży (Dessaisissement d’un juge)
Reference for a preliminary ruling – Rule of law – Second subparagraph of Article 19(1) TEU – Principle of the irremovability of judges and judicial independence – Resolution of the college of a court withdrawing all cases from a judge – Lack of objective criteria for taking a withdrawal decision – Lack of obligation to state reasons for such a decision – Primacy of EU law – Obligation to disapply such a decision to withdraw cases
Requests for a preliminary ruling from the Sąd Okręgowy w Słupsku
Language of the case: Polish
Case C-48/23 Alajärven Sähkö Oy e.a. and Elenia Verkko v Energiavirasto
Reference for a preliminary ruling – Internal market for electricity – Directive (EU) 2019/944 – Article 57(4) and (5) – Independence of national regulatory authority in the exercise of its duties and powers – Policy guidelines issued by a Member State – Legislative amendment aimed at reducing electricity distribution prices – Decision concerning methods for monitoring electricity system operation charges taken by the regulatory authority concerned following that amendment – Account taken of the travaux préparatoires relating to the law that introduced that amendment
Request for a preliminary ruling from the Markkinaoikeus
Language of the case: Finnish
Case C-149/23 Commission v Germany (Directive lanceurs d’alerte)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Protection of persons who report breaches of Union law – Directive (EU) 2019/1937 – Article 26(1) and (3) – Failure to transpose and communicate transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum – Criteria for establishing the amount of the penalty – Automatic application of a coefficient for seriousness
Language of the case: German
Case C-150/23 Commission v Luxembourg (Directive lanceurs d’alerte)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Protection of persons who report breaches of Union law – Directive (EU) 2019/1937 – Article 26(1) and (3) – Failure to transpose and communicate transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum – Criteria for establishing the amount of the penalty – Automatic application of a coefficient for seriousness
Language of the case: French
Case C-152/23 Commission v Czech Republic (Directive lanceurs d’alerte)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Protection of persons who report breaches of Union law – Directive (EU) 2019/1937 – Article 26(1) and (3) – Failure to transpose and communicate transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum – Criteria for establishing the amount of the penalty – Automatic application of a coefficient for seriousness
Language of the case: Czech
Case C-154/23 Commission v Estonia (Directive lanceurs d’alerte)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Protection of persons who report breaches of Union law – Directive (EU) 2019/1937 – Article 26(1) and (3) – Failure to transpose and communicate transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum and a daily penalty payment – Criteria for establishing the amount of the penalties – Automatic application of a coefficient for seriousness
Language of the case: Estonian
Case C-155/23 Commission v Hungary (Directive lanceurs d’alerte)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Protection of persons who report breaches of Union law – Directive (EU) 2019/1937 – Article 26(1) and (3) – Failure to transpose and communicate transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum – Criteria for establishing the amount of the penalty – Automatic application of a coefficient for seriousness
Language of the case: Hungarian
Case C-315/23 Commission v Croatia (Décharge de Biljane Donje II)
Failure of a Member State to fulfil obligations – Article 260(2) TFEU – Waste treatment – Directive 2008/98/EC – Stone aggregate deposited in the Biljane Donje (Croatia) landfill site – Article 5(1) – Concept of ‘by-product’ – Article 13 – Obligation of Member States to ensure the protection of human health and of the environment – Article 15(1) – Obligation to have waste treated by the holder or by other designated persons – Judgment of the Court establishing a failure to fulfil obligations – Failure to comply – Financial penalties – Lump sum payment – Penalty payment
Language of the case: Croatian
Case C-395/23 :
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) 2019/1111 – Scope – Article 1(1)(b) and (2)(e) – Measure relating to the disposal of the property of a child – Article 7 – Jurisdiction in matters of parental responsibility – Article 10 – Choice of court – Regulation (EU) No 1215/2012 – Scope – Article 1(2)(a) – Exclusion concerning the status or legal capacity of natural persons – Rules on jurisdiction laid down in a bilateral agreement between the Republic of Bulgaria and the Russian Federation concluded before the accession of the Republic of Bulgaria to the European Union – Difference between those rules and the rules laid down in Regulation 2019/1111 – Article 351 TFEU – Concept of ‘incompatibility’
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
Joined Cases C-471/23 and C-477/23 Obshtina Veliko Tarnovo and Obshtina Belovo v Rakovoditel na Upravlyavashtia organ na Operativna programa „Regioni v rastezh“ 2014-2020 and Rakovoditel na Upravlyavashtia organ na Operativna programa „Оkolna sreda“ 2014 – 2020
Reference for a preliminary ruling – Economic, social and territorial cohesion – Own resources of the European Union – Protection of the European Union’s financial interests – Regulation (EU) No 1303/2013 – Article 2(10) – Concept of ‘beneficiary’ – Financial correction for breach of national public procurement legislation – Addressee of a financial correction decision – Determination of liability for that correction and contractual apportionment of that liability between the recipient of State aid and the manager of that aid – Participation in administrative and judicial proceedings relating to that decision – Articles 41 and 47 of the Charter of Fundamental Rights of the European Union
Requests for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
Case C-575/23 FT and Others v Belgian State
Reference for a preliminary ruling – Approximation of laws – Intellectual property – Copyright and related rights – Performers engaged under an administrative law statute – Assignment of related rights by means of a regulatory act – Directive 2001/29/EC – Article 2(b) and Article 3(2) – Rights of reproduction and of making available to the public – Directive 2006/115/EC – Articles 7 to 9 – Rights of fixation, broadcasting, communication to the public and distribution – Directive (EU) 2019/790 – Articles 18 to 23 – Fair remuneration in exploitation contracts – Article 26 – Application in time – Concepts of ‘acts concluded’ and ‘rights acquired’
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-620/23 NOV ZHIVOT 1919 v Rakovoditel na Upravlyavashtia organ na programata za transgranichno satrudnichestvo INTERREG-IPP
Reference for a preliminary ruling – Own resources of the European Union – Protection of the European Union’s financial interests – Regulation (EU) No 1299/2013 – Specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal – Article 27 – Recovery from the lead beneficiary of amounts paid as a result of an irregularity – Implementing regulation (EU) No 447/2014 – Instrument for Pre-accession Assistance (IPA II) – Specific implementing rules – Articles 40 and 46 – Financial correction in the event of irregularity – Financial correction decision addressed to a beneficiary other than the lead beneficiary – Right of the lead beneficiary to participate in administrative and judicial proceedings relating to that decision – Articles 41 and 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Administrativen sad Sofia-oblast
Language of the case: Bulgarian
Case C-20/24 M1.R. and M2.R. v AAA
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 2(g) – Article 3(2) and (3) – Right to compensation in the event of a long delay to a flight – Scope – Passengers having a boarding pass – Proof of a reservation confirmed by the air carrier – Passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public – Flight part of a package tour financed by a third party – Burden of providing payment
Request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie
Language of the case: Polish
Case C-41/24 Waltham Abbey Residents Association v An Bord Pleanála and Others
Reference for a preliminary ruling – Environment – Directive 2011/92/EU – Assessment of the effects of certain public and private projects on the environment – Article 2(1) and Article 4(2) – Projects covered by Annex II – Urban development projects – Article 4(4) and (5) – Obligations of the developer and the competent authority when the Member State concerned decides to require the determination provided for in those paragraphs 4 and 5 for those projects – Account taken of observations submitted by a third party, indicating a potential impact of the project concerned on an animal species covered by the strict protection provided for in Article 12 of Directive 92/43/EEC
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
Case C-266/22 CRRC Qingdao Sifang and Astra Vagoane Călători v Autoritatea pentru Reformă Feroviară and Alstom Ferroviaria
Reference for a preliminary ruling – Public procurement in the European Union – Directive 2014/24/EU – Article 25 – Economic operators of a third country which has not concluded an international agreement with the European Union which guarantees access to public procurement in a reciprocal and equal manner – No right for those economic operators to ‘no less favourable treatment’ – Exclusion of such an economic operator from a public procurement procedure, pursuant to national legislation – Exclusive competence of the European Union
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
Case C-44/23 P PKK v Council
Appeal – Common foreign and security policy – Combating terrorism – Restrictive measures taken against certain persons and entities – Freezing of funds – Common Position 2001/931/CFSP – Article 1(3), (4) and (6) – Regulation (EC) No 2580/2001 – Article 2(3) – Maintenance of an organisation on the list of persons, groups and entities involved in terrorist acts – Applicability to situations of armed conflict – Terrorist group – Nature of, and underlying reasons for, the acts carried out – Distance in time – Ongoing risk of involvement in terrorist activities – Proportionality – Obligation to state reasons
Language of the case: English
Case C-72/23 P PKK v Council
Appeal – Common foreign and security policy – Combating terrorism – Restrictive measures taken against certain persons and entities – Freezing of funds – Common Position 2001/931/CFSP – Article 1(3), (4) and (6) – Regulation (EC) No 2580/2001 – Article 2(3) – Maintenance of an organisation on the list of persons, groups and entities involved in terrorist acts – Applicability to situations of armed conflict – Terrorist group – Nature of, and underlying reasons for, the acts carried out – Distance in time – Ongoing risk of involvement in terrorist activities – Proportionality – Obligation to state reasons
Language of the case: English
Case C-137/23 X v Staatssecretaris van Financiën
Reference for a preliminary ruling – Taxation – Excise duties – Directive 2003/96/EC – Taxation of energy products and electricity – Exemption of energy products used as fuel – Article 14(1)(c) – Navigation within EU waters – Article 15(1)(f) – Navigation on inland waterways – Directive 95/60/EC – Fiscal marking of gas oils and kerosene – Gas oil, to which fiscal marking has not been applied in accordance with EU law, intended for use for the propulsion of a vessel – Refusal to apply the exemption from payment of excise duty – Principle of proportionality
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
Case C-247/23 VP v Országos Idegenrendészeti Főigazgatóság
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 5(1)(d) – Principle of accuracy – Article 16 – Right to rectification – Article 23 – Restrictions – Data relating to gender identity – Data incorrect from the time of inclusion in a public register – Means of proof – Administrative practice of requesting proof of gender reassignment surgery
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
Case C-337/23 :
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 4(2), Article 6(1) and Article 7(1) – Point 1(i), (j) and (m) of the Annex to Directive 93/13 – Consumer credit agreements – Term requiring a consumer to conclude a contract of guarantee – Guarantor chosen by the creditor – Exclusion of terms relating to the main subject matter of the contract – Agreement which is ancillary to a credit agreement – Powers of the national court – Order for payment procedure – Directive 2005/29/EC – Unfair commercial practices – Articles 5 and 8 – Annex I – Directive 2008/48/EC – Article 3(g), (i) and (n), Article 10(2), Article 15(2) and Article 23 – Linked credit agreement – Concept – Total cost of the credit to the consumer – Annual percentage rate of charge – No indication of the relevant costs – Penalty
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
Case C-589/23 Cassella-med and MCM Klosterfrau v Verband Sozialer Wettbewerb
Reference for a preliminary ruling – Medicinal products for human use – Directive 2001/83/EC – Article 1(2)(b) – Concept of ‘medicinal product by function’ – Concept of ‘pharmacological action’ – Binding of a substance, in a reversible manner, to bacteria to prevent them from adhering to human cells – Article 2(2) – Applicable legal framework – Classification as a ‘medical device’ or as a ‘medicinal product’ – Medical devices – Directive 93/42/EEC – Article 1(2)(a) – Concept of ‘medical device’
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-640/23 Direcţia Generală Regională a Finanţelor Publice Galaţi - Administraţia Judeţeană a Finanţelor Publice Vrancea and Direcţia Generală de Administrare a Marilor Contribuabili v Greentech
Reference for a preliminary ruling – Common system of value added tax – Directive 2006/112/EC – Right to deduct value added tax (VAT) – Sales transaction reclassified by the tax authorities as a transfer of an undertaking falling outside the scope of VAT – Failure to correct the invoice within the limitation period – Impossibility of recovering the VAT paid in respect of that transaction – Principles of effectiveness and fiscal neutrality – Reimbursement of the tax
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
Joined Cases C-746/23 and C-747/23 Cividale and Others v Ministero dello Sviluppo Economico and Others
References for a preliminary ruling – Aid granted by a Member State – Concept of ‘aid’ – National legislation providing for the grant of a measure in favour of undertakings active in the steel foundries sector in the event of the partial or total closure of their production sites – Financial contribution – Advantage
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-120/24 Unigames v Lošimų priežiūros tarnyba prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling – Information procedure in the field of technical standards and regulations and of rules on Information Society services – Directive (EU) 2015/1535 – Article 1(1)(e) and (f) – Concepts of ‘technical regulation’ and ‘rule on services’ – National legislation laying down a prohibition on encouraging participation in gambling, including remote gambling – Article 5(1) – Obligation to notify the European Commission – Amendment of that legislation extending the scope of the prohibition on encouraging gambling – No notification – Consequences
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
Case C-135/24 John Cockerill v Belgian State
Reference for a preliminary ruling – Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States – Directive 2011/96/EU – Article 1(4) – Prevention of tax evasion, tax fraud or abuse – Article 4(1) – Prohibition on taxing profits received – Direct effect – Inclusion of the dividend distributed by the subsidiary in the parent company’s tax base – Deduction of the distributed dividend from the tax base of the parent company – Limitation of the deduction – Intra-group transfer scheme allowing profits made by certain companies to be transferred to others
Request for a preliminary ruling from the Tribunal de première instance de Liège
Language of the case: French
Case C-230/24 MF v Banco Santander
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 6(1) and Article 7(1) – Principle of equivalence – Mortgage loan agreements – Term stipulating that costs relating to the contract are to be paid by the consumer – Action for invalidity – Limitation period for an action seeking repayment of sums paid but not due – Actions seeking, respectively, a declaration that a contractual term is invalid and seeking to enforce the restitutory effects of such a declaration subject to different limitation periods
Request for a preliminary ruling from the Juzgado de Primera Instancia de La Coruña
Language of the case: Spanish
Case C-271/24 P Shuvalov v Council
Appeal – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds and economic resources – Inclusion of the appellant’s name – Supporting actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine, or which obstruct the work of international organisations in Ukraine
Language of the case: Spanish
Joined Cases C-728/22 to C-730/22 Anib and Others v Ministero dell'Economia e delle Finanze and Agenzia delle Dogane e dei Monopoli
References for a preliminary ruling – Directive 2014/23/EU – Concessions for the activity of managing games and collecting bets – Article 43 – Modification of a concession during its performance – National legislation providing for the payment by concessionaires of a monthly fee payable in respect of the extension of the duration of the validity of the concessions – Compatibility – Article 5 – Obligation on Member States to confer on the contracting authority the power to initiate, at the request of a concessionaire, a procedure to modify the operating conditions of a concession, where unforeseeable events not attributable to the parties have a significant impact on the operating risk of the concession – None
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
Case C-763/22 Criminal proceedings against OP (Concours d’un mandat d’arrêt européen et d’une demande d’extradition)
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Conflict between a European arrest warrant and an extradition request presented by a third State – Article 16(3) – Concept of ‘competent authority’ – National legislation conferring power on a body of the executive to rule on whether the European arrest warrant or the extradition request takes precedence, in the event of a conflict – Right to a remedy
Request for a preliminary ruling from the Tribunal judiciaire de Marseille
Language of the case: French
Case C-365/23 A v C and Others
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Scope – Article 2(b) – Article 3(1) – Article 4(2) – Article 5 – Article 6(1) – Article 8a – Pre-formulated standard contract – Contract between a supplier providing services for development and career support for sportspersons and a ‘rising star’ sportsman of minor age represented by his parents – Term establishing the obligation to pay to that supplier remuneration equal to 10% of the income received by that sportsman over the following 15 years – Charter of Fundamental Rights of the European Union – Articles 17 and 24 – Right to property – Rights of the child
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
Case C-480/23 Commission v Bulgaria (Directive promotion de véhicules de transport routier propres et économes en énergie)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Promotion of clean and energy-efficient road transport vehicles – Directive (EU) 2019/1161 – Failure to transpose and to notify the transposition measures – Article 260(3) TFEU – Application for an order to pay a lump sum
Language of the case: Bulgarian
Case C-809/23 Sumitomo Chemical Agro Europe v ANSES and CERA
Reference for a preliminary ruling – Biocidal products – Directive 98/8/EC – Regulation (EU) No 528/2012 – Applicability ratione temporis – Transitional rules – Access to information – Articles 66 and 67 – Request for access to a report on the technical equivalence of active substances in biocidal products drawn up by the competent authority of a Member State – Protection of commercial interests – Directive 2003/4/EC – Applicability ratione materiae – Article 4(2) – Concept of ‘information on emissions into the environment’
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-61/24 DL v PQ
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Enhanced cooperation in the area of the law applicable to divorce and legal separation – Regulation (EU) No 1259/2010 – Article 8(a) and (b) – Concept of ‘habitual residence’ of the spouses – Status of diplomatic agent of one of the spouses – Vienna Convention on Diplomatic Relations
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
Case C-116/24 Porcellino Grasso v Ministerul Agriculturii şi Dezvoltării Rurale and Others
Reference for a preliminary ruling – Common agricultural policy – European Agricultural Fund for Rural Development (EAFRD) funding – National Rural Development Programme 2007-2013 – Rural development measure – Animal welfare payments – Calculation errors – Reduction of those payments by national authorities without waiting for a definitive decision by the European Commission – Impact of the expiry of the prescribed deadline for amending that programme, and Commission decisions approving or amending that programme – No contradiction between a judgment of the Court of Justice and a judgment of the General Court of the European Union – Liability of the Member State concerned for infringement of EU law
Request for a preliminary ruling from the Curtea de Apel Piteşti
Language of the case: Romanian
Case C-217/23 Bundesamt für Fremdenwesen und Asyl v A N
Reference for a preliminary ruling – Area of freedom, security and justice – Common asylum policy – Directive 2011/95/EU – Conditions that must be fulfilled by third-country nationals in order to be eligible for refugee status – Article 2(d) – Reasons for persecution – Article 10(1)(d) – Concept of ‘membership of a particular social group’ – Condition relating to the perception of the group as being different by the surrounding society in the country of origin – Qualification for subsidiary protection – Article 2(f) – Concept of ‘serious harm’ – Article 15(a) and (b) – Persons who are part of the same family and are targeted by a blood feud because of their family relationship
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
Case C-515/23 Commission v Italy (Traitement des eaux urbaines résiduaires)
Failure of a Member State to fulfil obligations – Urban waste-water treatment – Directive 91/271/EEC – Articles 4, 5 and 10 – Pollution of sensitive areas – Urban waste-water treatment plants – Judgment of the Court establishing a failure to fulfil obligations – Non-implementation – Article 260(2) TFEU – Financial penalties – Periodic penalty payment – Lump sum
Language of the case: Italian
Case C-57/24 Proceedings brought by BA
Reference for a preliminary ruling – Judicial cooperation in civil matters – Measures relating to the law on succession – Regulation (EU) No 650/2012 – Article 13 – Jurisdiction of the court of the place of the habitual residence of the heir – Late declaration of waiver of the succession of a deceased person, who habitually resided in a Member State, by an heir, who habitually resides in another Member State
Request for a preliminary ruling from the Sąd Okręgowy w Gliwicach
Language of the case: Polish
Case C-67/24 R. K. v K. Ch. and Others
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Jurisdiction in matters relating to maintenance obligations – Regulation (EC) No 4/2009 – Maintenance allowances set by a decision of a court of a third State – Maintenance creditors residing in that third State and holding either the nationality of that third State alone or the nationality of that third State and of a Member State – Maintenance debtor, a national of that Member State and habitually resident in that Member State – Application to modify that decision made by that maintenance debtor to a court of that Member State – Determination of the court with jurisdiction
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
Case C-186/24 Metzler v Auto1 European Cars
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) 2015/848 – Insolvency proceedings – Article 31(1) – Awareness of the insolvency proceedings – Obligations for the benefit of a debtor which should be honoured for the benefit of the insolvency practitioner – Sale of an asset (car) by the debtor after the opening of the insolvency proceedings – Honouring of an obligation to a debtor
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-351/24 C/C v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága (Preuve de l’origine d’une marchandise)
Reference for a preliminary ruling – Free movement of goods – Customs union – Union Customs Code – Article 119(3) – Error made when issuing movement certificates – Repayment or remission of import or export duties – Regional Convention on pan-Euro-Mediterranean preferential rules of origin – Appendix I – Article 32 – Administrative cooperation – Verification of proofs of origin
Request for a preliminary ruling from the Veszprémi Törvényszék
Language of the case: Hungarian
Information (on unpublished decisions)
Joined Cases C-586/24 and C-605/24 I.G. and D.L.
Case C-163/23 Governo Italiano v UX
Case C-775/24 P Dekoback v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
Case C-285/24 Coopservice v Consip
Case C-587/23 P Hungary v Commission (Double financement pour les surfaces boisées)
Case C-141/24 TJ v Direction régionale des finances publiques
Case C-720/24 P(R) Nuctech Warsaw Company Limited and InsTech Netherlands v Commission
Appeal – Interim relief – Foreign subsidies – Inspections within the European Union – Regulation (EU) 2022/2560 – Accessibility of data requested by the European Commission – Application for suspension of operation of a measure – Urgency
Case C-443/24 Blanca v Cajasur Banco
Case C-700/24 P QI v Commission
Case C-91/23 P XH v Commission
Appeal – Civil service – Official – Refusal to amend the official’s personal file – Decision not to include the official’s name on the list of persons promoted in 2020 – Action for annulment and for damages – Time limits for bringing proceedings – Starting point – Application for legal aid – Suspension of time limits – Article 148(9) of the Rules of Procedure of the General Court – Order of the General Court refusing the applicant that aid – Service by registered post, with a form for acknowledgement of receipt, to the address mentioned in the application for legal aid – Unforeseeable circumstances or force majeure – Excusable error
April 2025
Case C-431/23 AE and Others v BA and Others
Reference for a preliminary ruling – Social policy – Transfers of undertakings – Safeguarding of employees’ rights – Directive 2001/23/EC – Article 5(1) – Concept of ‘bankruptcy proceedings’ – Transfer of an undertaking occurring following a declaration of insolvency after that transfer had been prepared in the context of judicial restructuring proceedings
Request for a preliminary ruling from the Tribunal du travail de Liège
Language of the case: French
Case C-462/23 Commission v Bulgaria (Eaux minérales)
Failure of a Member State to fulfil obligations – Consumer protection – Directive 2009/54/EC – Article 8(2) – Prohibition on marketing natural mineral water from one and the same spring under more than one trade description – Article 7(2)(b) – Article 9(4)(c) – Labelling requirements – Mandatory information – Name of the spring – Incorrect transposition
Language of the case: Bulgarian
Case C-686/23 P CEVA v Commission
Appeal – Specific programme for research and technological development in the field of research into living resources – SEAPURA project – Grant agreement – Audit report by the European Anti-Fraud Office (OLAF) – Discovery of fraud or financial irregularities – Claim for reimbursement of the European Union contribution – Debit note – Amount receivable by the European Union – Limitation – Contract governed by Belgian law – Opening, in France, of insolvency proceedings against the debtor – Declaration of claim by the European Commission – Regulation (EC) No 1346/2000 – Direct application – Interruption of the limitation period under Belgian law
Language of the case: French
Case C-701/23 Criminal proceedings against Swiftair
Reference for a preliminary ruling – Principle ne bis in idem – Convention implementing the Schengen Agreement – Article 54 – Charter of Fundamental Rights of the European Union – Article 50 – Order for provisional dismissal made in a Member State in respect of natural persons deceased and previously employed by a legal person – Criminal proceedings brought against that legal person in another Member State – Inadmissibility
Request for a preliminary ruling from the Tribunal Judiciaire de Paris
Language of the case: French
Case C-710/23 Mgr. L. H. v Ministerstvo zdravotnictví (Données relatives au représentant d’une personne morale)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 4 – Definitions – Article 6 – Lawfulness of processing – Article 86 – Public access to official documents – Data concerning the representative of a legal person – Case-law of a national court imposing an obligation to inform and consult the data subject prior to disclosure of official documents containing such data
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-807/23 Plavec v Rechtsanwaltskammer Wien
Reference for a preliminary ruling – Freedom of movement for workers – Article 45 TFEU – Lawyers – Lawyer training – Territorial restrictions – National legislation requiring the completion of part of the training period of a trainee lawyer with a lawyer having his or her registered office in the national territory
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
Case C-164/24 Cityland v Direktor na Direktsia „Obzhalvane i danachno-osiguritelna praktika“ – Veliko Tarnovo
Reference for a preliminary ruling – Common system of value added tax – Directive 2006/112/EC – Persistent failure to comply with tax obligations – Removal of the taxable person from the value added tax (VAT) identification register – Principle of proportionality
Request for a preliminary ruling from the Administrativen sad Veliko Tarnovo
Language of the case: Bulgarian
Case C-213/24 E. T. v Dyrektor Izby Administracji Skarbowej we Wrocławiu
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 9(1) – Concepts of ‘taxable person’ and ‘economic activity’ – Sale of agricultural land for residential development – Preparation for sale by an agent acting as a professional trader – Statutory joint ownership of assets between co-owning spouses
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu
Language of the case: Polish
Case C-228/24 Nordcurrent group v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling – Taxation – Directive 2011/96/EU – Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States – Exemption from corporation tax in respect of dividends paid by a non-resident subsidiary to a resident parent company – Article 1(2) and (3) – Anti-abuse provision – Classification of the subsidiary as a non-genuine arrangement – Steps of an arrangement – Tax advantage
Request for a preliminary ruling from the Mokestinių ginčų komisija prie Lietuvos Respublikos Vyriausybės
Language of the case: Lithuanian
Case C-283/24 B. F. v Kypriaki Dimokratia
Reference for a preliminary ruling – Asylum policy – International protection – Directive 2013/32/EU – Article 46(3) – Requirement for a full and ex nunc examination – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Scope of the powers of the court or tribunal of first instance – National legislation that makes no provision for a power to order a medical examination of the applicant for international protection
Request for a preliminary ruling from the Dioikitiko Dikastirio Diethnous Prostasias
Language of the case: Greek
Case C-743/24 Minister for Justice and Equality v MA
Reference for a preliminary ruling – Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part – Surrender of a person to the United Kingdom for criminal prosecution – Risk of breach of a fundamental right – Second sentence of Article 49(1) of the Charter of Fundamental Rights of the European Union – Principle that offences and penalties must be defined by law – Changes, to the detriment of the sentenced person, to the licence regime
Request for a preliminary ruling from the Supreme Court
Language of the case: English
Case C-292/23 Criminal proceedings against I.R.O. and F.J.L.R. (Parquet européen – Contrôle juridictionnel des actes de procédure)
Reference for a preliminary ruling – European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Article 42(1) – Procedural measures intended to produce legal effects vis-à-vis third parties – Judicial review, by national courts, in accordance with the requirements and procedures provided for in national law – Scope – Witness summons – National law not permitting direct judicial review of such a measure – Second subparagraph of Article 19(1) TEU – Articles 47 and 48 of the Charter of Fundamental Rights of the European Union – Principles of equivalence and effectiveness
Request for a preliminary ruling from the Juzgado Central de Instrucción
Language of the case: Spanish
Case C-878/24 P(R) Alhares for Security Services and Occupational Safety v EUBAM Libya
Appeal – Interim relief – Public supply contracts – Tendering procedure – Negotiated procedure without prior publication of a contract notice – Application for interim measures – Urgency – Criteria for assessment – Concept of serious harm
Language of the case: French
Case C-607/21 XXX v Belgian State (Preuve du lien de dépendance)
Reference for a preliminary ruling – Citizenship of the Union – Directive 2004/38/EC – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Article 3 – Beneficiaries – Article 2(2)(d) – Family member – Direct relative in the ascending line of the partner of a Union citizen who is dependent on that Union citizen and/or that partner – Assessment of the condition of being ‘dependent’ – Relevant date for determining material dependence – Article 10 – Conditions for the issue of a residence card – Declaratory nature of a residence card – Submission of an application for a residence card in the host Member State several years after leaving the country of origin – Effect of a situation of illegal residence under national legislation on the assessment of the condition of being ‘dependent’
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
Case C-481/23 Ministerio Fiscal and Abogado del Estado v JMTB
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4(4) and (6) – Grounds for optional non-execution – Condition that the acts fall within the jurisdiction of the executing Member State under its own criminal law – Conviction which is not final – European arrest warrant issued for the purposes of criminal prosecution
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
Case C-584/23 Asepeyo Mutua Colaboradora de la Seguridad Social nº 151 and KT v INSS and Others
Reference for a preliminary ruling – Social policy – Equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1) – Indirect discrimination on ground of sex – Method of calculating the pension for permanent incapacity as a result of an accident at work – Taking into account the actual remuneration on the date of the accident at work – Reduction in working hours to care for children under the age of 12
Request for a preliminary ruling from the Juzgado de lo Social de Barcelona
Language of the case: Spanish
Case C-657/23 M. K. v Ministerstvo zemědělství
Reference for a preliminary ruling – Common agricultural policy (CAP) – Financing, management and monitoring of the CAP – Regulation (EU) No 1306/2013 – Financing by the European Agricultural Fund for Rural Development (EAFRD) – Article 54 – Protection of the financial interests of the European Union – Regulation (EC, Euratom) No 2988/95 – Article 3 – Recovery of amounts wrongly paid of a grant – Limitation period – Indicative time limit
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
Case C-723/23 Agencia Estatal de la Administración Tributaria v VT and UP
Reference for a preliminary ruling – Judicial cooperation in civil matters – Directive (EU) 2019/1023 – Procedures concerning restructuring, insolvency and discharge of debt – Article 20 – Access to discharge – Article 23(1) and (2) – Derogations – Natural person who has become insolvent – Conditions for access to discharge of debt – Concept of ‘dishonest or bad faith’ conduct – Conduct towards creditors of a third party
Request for a preliminary ruling from the Juzgado de lo Mercantil nº 3 de Gijón
Language of the case: Spanish
Case C-238/24 NR v Ministero della Difesa and Others
Reference for a preliminary ruling – Common foreign and security policy (CFSP) – Decision 2010/279/CFSP – European Union Police Mission in Afghanistan – Article 7(3) – Costs related to seconded staff – Allowances paid by both the European Union and the Member State to which the member of staff belongs – Concurrent – Final sentence of the second subparagraph of Article 24(1) TEU – First paragraph of Article 275 TFEU – Jurisdiction of the Court to interpret a provision of EU law concerning the CFSP
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
December 2011
Case C-250/08. Commission v Belgium
Failure of a Member State to fulfil obligations - Free movement of persons - Purchase of immovable property intended as a new principal residence - Calculation of a tax advantage - Registration duties - Cohesion of the tax system.
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 21 July 2011.
ECLI:EU:C:2011:495 |
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Judgment of the Court (First Chamber) of 1 December 2011.
ECLI:EU:C:2011:793 |
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Case C-253/09. Commission v Hungary
Failure of a Member State to fulfil obligations - Freedom of movement for persons - Freedom of establishment - Purchase of property for use as a new principal residence - Establishing the basis of assessment for the tax levied on the purchase of real property - Deduction of the value of the residence sold from the value of the residence purchased - Exclusion of that deduction if the property sold is not situated within the national territory.
Language of the case: Hungarian
| Summary |
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Opinion of Mr Advocate General Mazák delivered on 9 December 2010.
ECLI:EU:C:2010:754 |
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Judgment of the Court (First Chamber) of 1 December 2011.
ECLI:EU:C:2011:795 |
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Joined cases C-446/09 and C-495/09. Philips and Nokia v Lucheng Meijing Industrial and Others
Common commercial policy - Combating the entry into the European Union of counterfeit and pirated goods - Regulations (EC) No 3295/94 and No 1383/2003 - Customs warehousing and external transit of goods from non-member States which constitute imitations or copies of goods protected in the European Union by intellectual property rights - Action by the authorities of the Member States - Conditions.
References for a preliminary ruling: Rechtbank van eerste aanleg te Antwerpen - Belgium (C-446/09) and Court of Appeal (England & Wales) (Civil Division) - United Kingdom (C-495/09).
Languages of the case: Dutch and English
| Summary |
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Opinion of Mr Advocate General Cruz Villalón delivered on 3 February 2011.
ECLI:EU:C:2011:45 |
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Judgment of the Court (First Chamber) of 1 December 2011.
ECLI:EU:C:2011:796 |
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Case C-79/10. Systeme Helmholz v Hauptzollamt Nürnberg
Directive 2003/96/EC - Taxation of energy products and electricity - Article 14(1)(b) - Exemption of energy products used as fuel for the purpose of air navigation - Use of an aircraft for other than commercial purposes - Scope.
Reference for a preliminary ruling: Bundesfinanzhof - Germany.
Language of the case: German
| Summary |
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Judgment of the Court (Fourth Chamber) of 1 December 2011.
ECLI:EU:C:2011:797 |
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Case C-145/10. Painer v Standard Verlags and Others
Jurisdiction in civil matters - Regulation (EC) No 44/2001 - Article 6(1) - More than one defendant - Directive 93/98/EEC - Article 6 - Protection of photographs - Directive 2001/29/EC - Article 2 - Reproduction - Use of a portrait photograph as a template to establish a photo-fit - Article 5(3)(d) - Exceptions and limitations as regards quotations - Article 5(3)(e) - Exceptions and limitations for the purposes of public security - Article 5(5).
Reference for a preliminary ruling: Handelsgericht Wien - Austria.
Language of the case: German
| Summary |
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Opinion of Advocate General Trstenjak delivered on 12 April 2011.
ECLI:EU:C:2011:239 |
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Judgment of the Court (Third Chamber) of 1 December 2011.
ECLI:EU:C:2011:798 |
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Case C-442/10. Churchill Insurance Company and Evans v Wilkinson and Equity Claims Limited
Compulsory insurance against civil liability in respect of the use of motor vehicles - Directive 84/5/EEC -Article 1(4) and Article 2(1) - Third parties victims of an accident - Express or implied authorisation to drive - Directive 90/232/EEC - First subparagraph of Article 1 - Directive 2009/103/EC - Articles 10, 12(1) and 13(1) - Victim of a road traffic accident who was a passenger in a vehicle in respect of which he was insured to drive - Vehicle driven by a person not insured under the insurance policy - Insured victim not deprived of insurance cover.
Reference for a preliminary ruling: Court of Appeal (England & Wales) (Civil Division) - United Kingdom.
Language of the case: English
| Summary |
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Opinion of Mr Advocate General Mengozzi delivered on 6 September 2011.
ECLI:EU:C:2011:548 |
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Judgment of the Court (Fourth Chamber) of 1 December 2011.
ECLI:EU:C:2011:799 |
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Case C-492/10. Immobilien Linz v Finanzamt Freistadt Rohrbach Urfahr
Taxation - Directive 69/335/EEC - Indirect taxes - Raising of capital - Article 4(2)(b) - Transactions subject to capital duty - Increase in the assets of a company - Contribution made by a member - Absorption of losses by virtue of an undertaking given before the losses were sustained.
Reference for a preliminary ruling: Unabhängiger Finanzsenat, Außenstelle Linz - Austria.
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber) of 1 December 2011.
ECLI:EU:C:2011:800 |
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Case C-329/11. Achughbabian v Préfet du Val-de-Marne
Area of freedom, security and justice - Directive 2008/115/EC - Common standards and procedures for returning illegally staying third-country nationals - National legislation making provision, in the event of illegal staying, for a sentence of imprisonment and a fine.
Reference for a preliminary ruling: Cour d'appel de Paris - France.
Language of the case: French
| Summary |
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View of Advocate General Mazák of 26 October 2011
ECLI:EU:C:2011:694 |
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Judgment of the Court (Grand Chamber) of 6 December 2011.
ECLI:EU:C:2011:807 |
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Case C-371/08. Ziebell v Land Baden-Württemberg
EEC-Turkey Association Agreement - Freedom of movement for workers - Second indent of first paragraph of Article 7 and Article 14(1) of Decision No 1/80 of the Association Council - Directives 64/221/EEC, 2003/109/EC and 2004/38/EC - Right of residence of a Turkish national born in the territory of a Member State and having resided there for more than 10 years without interruption as the child of a Turkish worker - Convictions for criminal offences - Lawfulness of an expulsion decision - Conditions.
Reference for a preliminary ruling: Verwaltungsgerichtshof Baden-Württemberg - Germany.
Language of the case: German
| Summary |
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Opinion of Mr Advocate General Bot delivered on 14 April 2011.
ECLI:EU:C:2011:244 |
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Judgment of the Court (First Chamber) of 8 December 2011.
ECLI:EU:C:2011:809 |
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Case C-272/09 P. KME (anciennement KME Germany) and Others v Commission
Appeal - Competition - Agreements, decisions and concerted practices - Market for copper industrial tubes - Fines - Size of the market, duration of the infringement and cooperation capable of being taken into consideration - Effective judicial remedy.
Language of the case: English
| Summary |
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Opinion of Advocate General Sharpston delivered on 10 February 2011.
ECLI:EU:C:2011:63 |
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Judgment of the Court (Second Chamber) of 8 December 2011.
ECLI:EU:C:2011:810 |
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Case C-81/10 P. France Télécom v Commission
Appeal - State aid - France Télécom’s business tax regime - Concept of ‘aid’ - Legitimate expectations - Limitation period - Obligation to state reasons - Principle of legal certainty.
Language of the case: French
| Summary |
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Opinion of Mr Advocate General Jääskinen delivered on 8 September 2011.
ECLI:EU:C:2011:554 |
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Judgment of the Court (Third Chamber) of 8 December 2011.
ECLI:EU:C:2011:811 |
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Case C-125/10. Merck Sharp & Dohme (anciennement Merck & Co. Inc.) v Deutsches Patent- und Markenamt
Intellectual and industrial property - Patents - Regulation (EEC) No 1768/92 - Article 13 - Supplementary protection certificate for medicinal products - Possibility of granting that certificate where the period that has elapsed between the date of the lodging of the basic patent application and the first marketing authorisation in the European Union is less than five years - Regulation (EC) No 1901/2006 - Article 36 - Extension of the duration of the supplementary protection certificate.
Reference for a preliminary ruling: Bundespatentgericht - Germany.
Language of the case: German
| Summary |
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Opinion of Mr Advocate General Bot delivered on 9 June 2011.
ECLI:EU:C:2011:377 |
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Judgment of the Court (Second Chamber) of 8 December 2011.
ECLI:EU:C:2011:812 |
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Case C-157/10. Banco Bilbao Vizcaya Argentaria v Administración General del Estado
Free movement of capital - Corporation tax - Convention for the avoidance of double taxation - Prohibition of deducting tax due but not recovered in another Member State.
Reference for a preliminary ruling: Tribunal Supremo - Spain.
Language of the case: Spanish
| Summary |
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Judgment of the Court (First Chamber) of 8 December 2011.
ECLI:EU:C:2011:813 |
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Case C-275/10. Residex Capital IV v Gemeente Rotterdam
Article 88(3) EC - State aid - Aid granted in the form of a guarantee to a lender for the purpose of enabling the latter to grant a loan to a borrower - Infringement of procedural rules - Obligation to recover - Nullity - Powers of the national court.
Reference for a preliminary ruling: Hoge Raad der Nederlanden - Netherlands.
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 26 May 2011.
ECLI:EU:C:2011:354 |
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Judgment of the Court (First Chamber) of 8 December 2011.
ECLI:EU:C:2011:814 |
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Case C-386/10 P. Chalkor v Commission
Appeal - Competition - Agreements, decisions and concerted practices - Market for copper plumbing tubes - Fines - Size of the market, duration of the infringement and cooperation capable of being taken into consideration - Effective judicial remedy.
Language of the case: English
| Summary |
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Judgment of the Court (Second Chamber) of 8 December 2011.
ECLI:EU:C:2011:815 |
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Case C-389/10 P. KME Germany and Others v Commission
Appeal - Competition - Agreements, decisions and concerted practices - Market for copper plumbing tubes - Fines - Size of the market, duration of the infringement and cooperation capable of being taken into consideration - Effective judicial remedy.
Language of the case: English
| Summary |
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Judgment of the Court (Second Chamber) of 8 December 2011.
ECLI:EU:C:2011:816 |
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Case C-119/10. Frisdranken Industrie Winters v Red Bull
Trade marks - Directive 89/104/EEC - Article 5(1)(b) - Filling of cans already bearing a sign similar to a trade mark - Service provided under an order from and on the instructions of another person - Action taken by trade-mark proprietor against the service provider.
Reference for a preliminary ruling: Hoge Raad der Nederlanden - Netherlands.
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 14 April 2011.
ECLI:EU:C:2011:258 |
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Judgment of the Court (First Chamber) of 15 December 2011.
ECLI:EU:C:2011:837 |
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Case C-191/10. Rastelli Davide e C. v Hidoux
Regulation (EC) No 1346/2000 - Insolvency proceedings - International jurisdiction - Extension of insolvency proceedings opened in respect of a company established in one Member State to a company whose registered office is in another Member State because the property of the two companies has been intermixed.
Reference for a preliminary ruling: Cour de cassation - France.
Language of the case: French
| Summary |
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Judgment of the Court (First Chamber) of 15 December 2011.
ECLI:EU:C:2011:838 |
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Case C-257/10. Försäkringskassan v Bergström
Migrant workers - Social security - Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons - Regulation (EEC) No 1408/71 - National of a Member State who has been pursuing a professional activity in Switzerland - Return to country of origin.
Reference for a preliminary ruling: Högsta förvaltningsdomstolen (anciennement Regeringsrätten) - Sweden.
Language of the case: Swedish
| Summary |
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Opinion of Mr Advocate General Mazák delivered on 21 June 2011.
ECLI:EU:C:2011:407 |
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Judgment of the Court (Third Chamber) of 15 December 2011.
ECLI:EU:C:2011:839 |
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Case C-384/10. Voogsgeerd v Navimer
Rome Convention on the law applicable to contractual obligations - Contract of employment - Choice made by the parties - Mandatory rules of the law applicable in the absence of choice - Determination of that law - Employee carrying out his work in more than one Contracting State.
Reference for a preliminary ruling: Hof van Cassatie - Belgium.
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Trstenjak delivered on 8 September 2011.
ECLI:EU:C:2011:564 |
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Judgment of the Court (Fourth Chamber) of 15 December 2011.
ECLI:EU:C:2011:842 |
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Case C-409/10. Hauptzollamt Hamburg-Hafen v Afasia Knits Deutschland
Common commercial policy - Preferential regime for the importation of products originating in the African, Caribbean and Pacific (ACP) States - Irregularities detected during an investigation carried out by the European Anti-Fraud Office (OLAF) in the exporting ACP State - Post-clearance recovery of the import duties.
Reference for a preliminary ruling: Bundesfinanzhof - Germany.
Language of the case: German
| Summary |
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Opinion of Mr Advocate General Mazák delivered on 15 September 2011.
ECLI:EU:C:2011:594 |
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Judgment of the Court (First Chamber) of 15 December 2011.
ECLI:EU:C:2011:843 |
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Case C-427/10. Banca Antoniana Popolare Veneta v Ministero dell'Economia e delle Finanze and Agenzia delle Entrate
VAT - Recovery of VAT paid but not due - National legislation under which actions may be brought for the recovery of sums paid but not due, before different courts and subject to different time-limits, depending on whether the claimant is the recipient of the services or their supplier - Possibility for the recipient to claim a VAT refund from the supplier after the expiry of the time-limits within which the supplier is able to bring an action against the tax authority - Principle of effectiveness.
Reference for a preliminary ruling: Corte suprema di cassazione - Italy.
Language of the case: Italian
| Summary |
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Opinion of Mr Advocate General Mazák delivered on 15 September 2011.
ECLI:EU:C:2011:595 |
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Judgment of the Court (Third Chamber) of 15 December 2011.
ECLI:EU:C:2011:844 |
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Case C-585/10. Møller v Haderslev Kommune
Integrated pollution prevention and control - Directive 96/61/EC - Annex I, subheading 6.6(c) - Installations for the intensive rearing of pigs with more than 750 places for sows - Inclusion or non-inclusion of places for gilts.
Reference for a preliminary ruling: Vestre Landsret - Denmark.
Language of the case: Danish
| Summary |
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Judgment of the Court (Eighth Chamber) of 15 December 2011.
ECLI:EU:C:2011:847 |
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Case C-27/09 P. France v Council
Appeal - Common foreign and security policy - Restrictive measures directed against certain persons and entities with a view to combating terrorism - Common Position 2001/931/CFSC - Regulation (EC) No 2580/2001 - Freezing of funds applicable to a group included in a list drawn up, revised and amended by the Council of the European Union - Rights of the defence.
Language of the case: English
| Summary |
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Opinion of Advocate General Sharpston delivered on 14 July 2011.
ECLI:EU:C:2011:482 |
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Judgment of the Court (Grand Chamber) of 21 December 2011.
ECLI:EU:C:2011:853 |
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Case C-28/09. Commission v Austria
Failure of a Member State to fulfil obligations - Articles 28 EC and 29 EC - Free movement of goods - Measures having equivalent effect to quantitative restrictions on imports and exports - Transport - Directives 96/62/EC and 1999/30/EC - Sectoral traffic prohibition for lorries of over 7.5 tonnes carrying certain goods - Air quality - Protection of health and the environment - Principle of proportionality - Consistency.
Language of the case: German
| Summary |
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Opinion of Advocate General Trstenjak delivered on 16 December 2010.
ECLI:EU:C:2010:770 |
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Judgment of the Court (Grand Chamber) of 21 December 2011.
ECLI:EU:C:2011:854 |
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Case C-271/09. Commission v Poland
Failure of a Member State to fulfil obligations - Free movement of capital - Scope - Open pension funds - Limitation on the investment of capital assets outside the Member State concerned - Proportionality.
Language of the case: Polish
| Summary |
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Opinion of Mr Advocate General Jääskinen delivered on 14 April 2011.
ECLI:EU:C:2011:247 |
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Judgment of the Court (Third Chamber) of 21 December 2011.
ECLI:EU:C:2011:855 |
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Case C-242/10. Enel Produzione v Autorità per l'energia elettrica e il gas
Directive 2003/54/EC - Internal market in electricity - Electricity generating installations essential to the operation of the electricity system - Obligation to submit tenders on the national electricity exchange market in accordance with the limits and criteria laid down by the electricity transmission and distribution system operator - Dispatching and balancing service - Public service obligations.
Reference for a preliminary ruling: Tribunale amministrativo regionale per la Lombardia - Italy.
Language of the case: Italian
| Summary |
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Opinion of Mr Advocate General Cruz Villalón delivered on 21 July 2011.
ECLI:EU:C:2011:511 |
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Judgment of the Court (Second Chamber) of 21 December 2011.
ECLI:EU:C:2011:861 |
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Case C-316/10. Danske Svineproducenter v Justitsministeriet
Second paragraph of Article 288 TFEU - Regulation (EC) No 1/2005 - Protection of animals during transport - Transport by road of domestic animals of the porcine species - Minimum height of compartments - Inspection during a journey - Loading density - Right of Member States to adopt detailed standards.
Reference for a preliminary ruling: Vestre Landsret - Denmark.
Language of the case: Danish
| Summary |
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Judgment of the Court (Third Chamber) of 21 December 2011.
ECLI:EU:C:2011:863 |
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Case C-366/10. The Air Transport Association of America and Others v The Secretary of State for Energy and Climate Change
Reference for a preliminary ruling - Directive 2003/87/EC - Scheme for greenhouse gas emission allowance trading - Directive 2008/101/EC - Inclusion of aviation activities in that scheme - Validity - Chicago Convention - Kyoto Protocol - EU-United States Air Transport Agreement - Principles of customary international law - Legal effects thereof - Whether they may be relied upon - Extraterritoriality of European Union law - Meaning of ‘charges’, ‘fees’ and ‘taxes’.
Reference for a preliminary ruling: High Court of Justice (England & Wales), Queen’s Bench Division (Administrative Court) - United Kingdom.
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 6 October 2011.
ECLI:EU:C:2011:637 |
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Judgment of the Court (Grand Chamber) of 21 December 2011.
ECLI:EU:C:2011:864 |
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Joined cases C-411/10 and C-493/10. NS and Others v Secretary of State for the Home Department and Others
European Union law - Principles - Fundamental rights - Implementation of European Union law - Prohibition of inhuman or degrading treatment - Common European Asylum System - Regulation (EC) No 343/2003 - Concept of ‘safe countries’ - Transfer of an asylum seeker to the Member State responsible - Obligation - Rebuttable presumption of compliance, by that Member State, with fundamental rights.
References for a preliminary ruling: Court of Appeal (England & Wales) (Civil Division) - United Kingdom and High Court of Ireland - Ireland.
Language of the case: English
| Summary |
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Opinion of Advocate General Trstenjak delivered on 22 September 2011
ECLI:EU:C:2011:610 |
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Judgment of the Court (Grand Chamber) of 21 December 2011.
ECLI:EU:C:2011:865 |
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Joined cases C-424/10 and C-425/10. Ziolkowski and Szeja v Das Land Berlin
Freedom of movement for persons - Directive 2004/38/EC - Right of permanent residence - Article 16 - Legal residence - Residence based on national law - Period of residence completed before the accession to the European Union of the State of origin of the citizen concerned.
References for a preliminary ruling: Bundesverwaltungsgericht - Germany.
Language of the case: German
| Summary |
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Opinion of Mr Advocate General Bot delivered on 14 September 2011.
ECLI:EU:C:2011:575 |
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Judgment of the Court (Grand Chamber) of 21 December 2011.
ECLI:EU:C:2011:866 |
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Case C-465/10. Ministre de l'Intérieur, de l'Outre-mer, des Collectivités territoriales et de l'Immigration v Chambre de commerce et d'industrie de l'Indre
Reference for a preliminary ruling - Protection of the European Union’s financial interests - Regulation (EC, Euratom) No 2988/95 - Article 3 - Structural Funds - Regulation (EEC) No 2052/88 - Regulation (EEC) No 4253/88 - Contracting authority in receipt of a subsidy from the Structural Funds - Failure to comply with public procurement rules by the recipient of an ERDF subsidy - Basis for the obligation to recover European Union subsidies in the case of an irregularity - Concept of ‘irregularity’ - Concept of ‘continuous irregularity’ - Conditions for recovery - Limitation period - Longer national limitation periods - Principle of proportionality.
Reference for a preliminary ruling: Conseil d'État - France.
Language of the case: French
| Summary |
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Opinion of Advocate General Sharpston delivered on 15 September 2011.
ECLI:EU:C:2011:596 |
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Judgment of the Court (Fourth Chamber) of 21 December 2011.
ECLI:EU:C:2011:867 |
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Case C-482/10. Cicala v Regione Siciliana
National administrative procedure - Administrative acts - Obligation to state reasons - Possibility of failure to state reasons being remedied during legal proceedings against an administrative act - Interpretation of the second paragraph of Article 296 TFEU and Article 41(2)(c) of the Charter of Fundamental Rights of the European Union - Lack of jurisdiction of the Court.
Reference for a preliminary ruling: Corte dei Conti - sezione giurisdizionale per la Regione Siciliana - Italy.
Language of the case: Italian
| Summary |
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Judgment of the Court (Third Chamber) of 21 December 2011.
ECLI:EU:C:2011:868 |
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Case C-495/10. Centre hospitalier universitaire de Besançon v Dutrueux and Caisse primaire d'assurance maladie du Jura
Directive 85/374/EEC - Liability for defective products - Scope - National rules requiring public healthcare establishments to pay compensation, even when they are not at fault, for damage sustained by a patient as a result of the failure of equipment or products used in the course of treatment.
Reference for a preliminary ruling: Conseil d'État - France.
Language of the case: French
| Summary |
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Opinion of Mr Advocate General Mengozzi delivered on 27 October 2011.
ECLI:EU:C:2011:706 |
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Judgment of the Court (Grand Chamber) of 21 December 2011.
ECLI:EU:C:2011:869 |
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Case C-499/10. Vlaamse Oliemaatschappij v FOD Financiën
Sixth VAT Directive - Persons liable to pay tax - Third party jointly and severally liable - Warehousing arrangements other than customs warehousing - Joint and several liability of the warehouse-keeper of the goods and the taxable person who owns the goods - Good faith or lack of fault or negligence of the warehouse-keeper.
Reference for a preliminary ruling: Rechtbank van eerste aanleg te Brugge - Belgium.
Language of the case: Dutch
| Summary |
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Judgment of the Court (Seventh Chamber) of 21 December 2011.
ECLI:EU:C:2011:871 |
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Case C-503/10. Evroetil v Direktor na Agentsia "Mitnitsi"
Directive 2003/30/EC - Article 2(2)(a) - Concept of bioethanol - Product obtained from biomass, undenatured and with an ethyl alcohol content of over 98.5% - Relevance of actual use as a biofuel - Regulation (EEC) No 2658/87 - Combined Nomenclature - Tariff classification of bioethanol for the purpose of collecting excise duties - Directive 2003/96/EC - Energy products - Directive 92/83/EEC - First indent of Article 20 and Article 27(1)(a) and (b) - Concept of ethyl alcohol - Exemption from the harmonised duty - Denaturing.
Reference for a preliminary ruling: Varhoven administrativen sad - Bulgaria.
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Eighth Chamber) of 21 December 2011.
ECLI:EU:C:2011:872 |
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Case C-507/10. X v Y
Police and judicial cooperation in criminal matters - Framework Decision 2001/220/JHA - Standing of victims in criminal proceedings - Protection of vulnerable persons - Hearing of minors as witnesses - Special measure for early taking of evidence - Refusal by the Public Prosecutor to request the judge in charge of preliminary investigations to hear a witness.
Reference for a preliminary ruling: Tribunale di Firenze - Italy.
Language of the case: Italian
| Summary |
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Opinion of Mr Advocate General Cruz Villalón delivered on 20 October 2011.
ECLI:EU:C:2011:682 |
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Judgment of the Court (Second Chamber) of 21 December 2011.
ECLI:EU:C:2011:873 |
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Case C-72/11. Der Generalbundesanwalt beim Bundesgerichtshof v Afrasiabi and Others
Common foreign and security policy - Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation - Regulation (EC) No 423/2007 - Article 7(3) and (4) - Supply and installation of a sintering furnace in Iran - Concept of ‘indirectly making available’ an ‘economic resource’ to persons, entities and bodies listed in Annexes IV and V to that regulation - Concept of ‘circumvention’ of the prohibition on making that resource available.
Reference for a preliminary ruling: Oberlandesgericht Düsseldorf - Germany.
Language of the case: German
| Summary |
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Opinion of Mr Advocate General Bot delivered on 16 November 2011.
ECLI:EU:C:2011:737 |
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Judgment of the Court (Third Chamber) of 21 December 2011.
ECLI:EU:C:2011:874 |
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Information (on unpublished decisions)
Case C-157/09. Commission v Netherlands
Failure of a Member State to fulfil obligations - Article 43 EC - Freedom of establishment - Notaries - Nationality requirement - Article 45 EC - Connection with the exercise of official authority.
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Judgment of the Court (Sixth Chamber) of 1 December 2011. ECLI:EU:C:2011:794 |
Case C-515/10. Commission v France
Failure of a Member State to fulfil obligations - Directive 1999/31/EC - Decision 2003/33/EC - National legislation - Landfill for inert waste - Acceptance of asbestos- cement waste.
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Judgment of the Court (Eighth Chamber) of 1 December 2011. ECLI:EU:C:2011:801 |
Case C-222/11 P. Longevity Health Products v EUIPO
Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(d) - Word sign '5 HTP' - Application for a declaration of invalidity - Appeal manifestly unfounded.
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Order of the Court (Sixth Chamber) of 1 December 2011. ECLI:EU:C:2011:803 |
Case C-45/11 P. Deutsche Bahn v EUIPO
Appeal - Community trade mark - Application for registration of a Community trade mark consisting of a horizontal combination of the colours grey and red -Absolute grounds for refusal - Lack of distinctive character - Regulation (EC) No 207/2009 - Article 7(1)(b).
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Order of the Court (Fifth Chamber) of 7 December 2011. ECLI:EU:C:2011:808 |
Case C-69/11. Connoisseur Belgium v Belgische Staat
Article 104(3), first subparagraph, of the Rules of Procedure - Sixth VAT Directive - Article 11.A(1)(a) - Taxable amount - Costs not charged by the taxable person.
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Order of the Court (Eighth Chamber) of 9 December 2011. ECLI:EU:C:2011:825 |
Case C-349/11. Auditeur du travail v Yangwei
First subparagraph of Article 104(3) of the Rules of Procedure - Directive 97/81/EC - Administrative obstacles liable to limit the opportunities for part-time work - Obligation to publicise and keep employment contracts and work schedules.
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Order of the Court (Sixth Chamber) of 9 December 2011. ECLI:EU:C:2011:826 |
Case C-446/10 P(R). Alcoa Trasformazioni v Commission
Appeal – Application for interim measures – State aid – Preferential electricity tariffs – Decision declaring the aid incompatible with the common market and ordering its recovery – Application for suspension of operation of a measure – Urgency
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Order of the President of the Court of 14 December 2011. ECLI:EU:C:2011:829 |
Case C-434/11. Corpul Naţional al Poliţiştilor v MAI and Others
Reference for a preliminary ruling - Charter of Fundamental Rights of the European Union - Admissibility of national legislation providing for salary reductions in relation to various categories of public officials - Failure to implement European Union law - Court clearly lacking jurisdiction.
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Order of the Court (Sixth Chamber) of 14 December 2011. ECLI:EU:C:2011:830 |
Case C-462/11. Cozman v Teatrul Municipal Târgovişte
Reference for a preliminary ruling - First Additional Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms - Whether national legislation establishing reductions in the salaries of several categories of public-sector employee is lawful - Lack of connection to European Union law - Clear lack of jurisdiction of the Court.
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Order of the Court (Sixth Chamber) of 14 December 2011. ECLI:EU:C:2011:831 |
Joined cases C-483/11 and C-484/11. Boncea and Others v Statul român prin Ministerul Finanţelor Publice and Statul român – Ministerul Finanţelor Publice prin Direcţia Generală a Finanţelor Publice Argeş
Reference for a preliminary ruling - Articles 43, 92(1) and 103(1 )of the Rules of Procedure - Charter of Fundamental Rights of the European Union - Compensation payable to persons sentenced in political trials under the Communist regime - Right to compensation for non-material harm suffered - Failure to implement European Union law - Court clearly lacking jurisdiction.
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Order of the Court (Sixth Chamber) of 14 December 2011. ECLI:EU:C:2011:832 |
Case C-560/08. Commission v Spain
Failure of a Member State to fulfil obligations - Directive 85/337/EEC - Assessment of the effects of certain public and private projects on the environment - Directive 92/43/EEC - Conservation of natural habitats - Projects for the widening and/or upgrading of the M-501 road in Spain - ZEP ES 0000056 'Encinares del río Alberche y río Cofio' ZEP ES0000056 - Proposed SCI ES310005 'Cuenca del río Guadarrama' and proposed SCI ES3110007 'Cuenca de los ríos Alberche y Cofio'.
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Judgment of the Court (Fifth Chamber) of 15 December 2011. ECLI:EU:C:2011:835 |
Case C-624/10. Commission v France
Failure of a Member State to fulfil obligations - Taxation - Directive 2006/112/EC - Articles 168, 171, 193, 194, 204 and 214 - Legislation of a Member State obliging a seller or provider established outside the national territory to designate a tax representative and to identify him or herself for VAT purposes in that Member State - Legislation allowing deductible VAT paid by the seller or provider established outside the national territory to be offset against the VAT collected by him or her in the name and on behalf of his or her customers.
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Judgment of the Court (Eighth Chamber) of 15 December 2011. ECLI:EU:C:2011:849 |
Case C-126/11. INNO v UNIZO and Others
First subparagraph of Article 104(3) of the Rules of Procedure - Directive 2005/29/EC - Unfair commercial practices - National legislation prohibiting announcements of price reductions and those suggestive of such reductions.
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Order of the Court (First Chamber) of 15 December 2011. ECLI:EU:C:2011:851 |
Case C-411/11 P. Altner v Commission
Appeal – Action for annulment – Commission’s refusal to bring infringement proceedings – Action for declaration of failure to act – Manifest inadmissibility – Right to an impartial court or tribunal
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Order of the Court (Fifth Chamber) of 15 December 2011. ECLI:EU:C:2011:852 |
Case C-318/09 P. A2A (anciennement ASM Brescia) v Commission
Appeals - State aid - Aid granted to public utilities - Tax exemptions - Decision declaring the aid scheme incompatible with the common market - Action for annulment - Admissibility - Standing - Legal interest - Article 87 EC - Concept of 'aid' - Article 88 EC - Concept of 'new aid' - Article 10 EC - Duty of loyal cooperation - Regulation (EC) No 659/1999 - Articles 1 and 14 - Lawfulness of a recovery order - Principle of legal certainty - Duty to state reasons.
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Judgment of the Court (Sixth Chamber) of 21 December 2011. ECLI:EU:C:2011:856 |
Case C-319/09 P. ACEA v Commission
Appeals - State aid - Aid granted to public utilities - Tax exemptions - Decision declaring the aid scheme incompatible with the common market - Action for annulment - Admissibility - Standing - Legal interest - Article 87 EC - Concept of 'aid' - Article 88 EC - Concept of 'new aid' - Regulation (EC) No 659/1999 - Articles 1 and 14 - Lawfulness of a recovery order - Duty to state reasons.
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Judgment of the Court (Sixth Chamber) of 21 December 2011. ECLI:EU:C:2011:857 |
Case C-320/09 P. A2A (anciennement AEM) v Commission
Appeals - State aid - Aid granted to public utilities - Tax exemptions - Decision declaring the aid scheme incompatible with the common market - Action for annulment - Admissibility - Standing - Legal interest - Article 87 EC - Concept of 'aid' - Article 88 EC - Concept of 'new aid' - Article 10 EC - Duty of loyal cooperation - Regulation (EC) No 659/1999 - Articles 1 and 14 - Lawfulness of a recovery order - Principle of legal certainty - Duty to state reasons.
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Judgment of the Court (Sixth Chamber) of 21 December 2011. ECLI:EU:C:2011:858 |
Case C-329/09 P. Iride (anciennement AMGA) v Commission
Appeal - State aid - Aid granted to public utilities - Tax exemptions - Decision declaring the aid scheme incompatible with the common market - Action for annulment - Admissibility - Standing - Legal interest.
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Judgment of the Court (Sixth Chamber) of 21 December 2011. ECLI:EU:C:2011:859 |
Case C-250/10. Haltergemeinschaft v Hauptzollamt Düsseldorf
Directive 2003/96/EC - Taxation of energy products and electricity - Article 14(1)(b) - Exemption of energy products used as fuel for the purpose of air navigation - Fuel provided by a person chartering out an aircraft used by charterers of the aircraft for their flights for purposes other than the supply of air services for consideration.
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Judgment of the Court (Fourth Chamber) of 21 December 2011. ECLI:EU:C:2011:862 |
January 2012
Case C‑302/10 Infopaq International v Danske Dagblades Forening
Copyright — Information society — Directive 2001/29/EC — Article 5(1) and (5) — Literary and artistic works — Reproduction of short extracts of literary works — Newspaper articles — Temporary and transient reproductions — Technological process consisting in scanning of articles followed by conversion into text file, electronic processing of the reproduction and storage of part of that reproduction — Acts of temporary reproduction which form an integral and essential part of such a technological process — Purpose of those acts being the lawful use of a work or protected subject-matter — Independent economic significance of those acts
Reference for a preliminary ruling from the Højesteret
Language of the case: Danish
| Summary |
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Order of the Court (Third Chamber), 17 January 2012
ECLI:EU:C:2012:16 |
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Case C-347/10 Salemink v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen
Social security for migrant workers — Regulation (EEC) No 1408/71 — Worker employed on gas-drilling platform on the continental shelf adjacent to the Netherlands — Compulsory insurance — Refusal to pay invalidity benefit
Reference for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 8 September 2011
ECLI:EU:C:2011:562 |
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Judgment of the Court (Grand Chamber), 17 January 2012
ECLI:EU:C:2012:17 |
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Case C-392/10 Suiker Unie v Hauptzollamt Hamburg-Jonas
Regulation (EC) No 800/1999 — Article 15(1) and (3) — Agricultural products — System of export refunds — Differentiated export refund — Conditions for granting — Import of the product into the third country of destination — Payment of import duties
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Judgment of the Court (Fifth Chamber), 19 January 2012
ECLI:EU:C:2012:23 |
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Case C‑53/11 P OHIM v Nike International
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 58 — Regulation (EC) No 2868/95 — Rules 49 and 50 — Word mark R10 — Opposition — Assignment — Admissibility of an appeal — Concept of ‘person entitled to appeal’ — Applicability of the OHIM Guidelines
Language of the case: Spanish
| Summary |
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Judgment of the Court (Second Chamber), 19 January 2012
ECLI:EU:C:2012:27 |
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Case C-282/10 Dominguez v Centre informatique du Centre Ouest Atlantique and Préfet de la région Centre
Social policy — Directive 2003/88/EC — Article 7 — Right to paid annual leave — Precondition for entitlement imposed by national rules — Absence of the worker — Length of the leave entitlement based on the nature of the absence — National rules incompatible with Directive 2003/88 — Role of the national court
Reference for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Trstenjak delivered on 8 September 2011
ECLI:EU:C:2011:559 |
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Judgment of the Court (Grand Chamber), 24 January 2012
ECLI:EU:C:2012:33 |
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Case C‑218/10 ADV Allround v Finanzamt Hamburg-Bergedorf
VAT — Sixth Directive — Articles 9, 17 and 18 — Determination of the place where services are supplied — Concept of ‘supply of staff’ — Self-employed persons — Need to ensure that a provision of services is assessed identically in relation to the provider and in relation to the recipient
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Mazák delivered on 28 June 2011
ECLI:EU:C:2011:428 |
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Judgment of the Court (First Chamber), 26 January 2012
ECLI:EU:C:2012:35 |
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Case C-586/10 Kücük v Land Nordrhein-Westfalen
Social policy — Directive 1999/70/EC — Clause 5(1)(a) of the Framework Agreement on fixed-term work — Successive fixed-term employment contracts — Objective reasons liable to justify the renewal of such contracts — National rules justifying the use of fixed-term contracts in cases of temporary replacement — Permanent or recurring need for replacement staff — Taking into account of all circumstances surrounding the renewal of successive fixed-term contracts
Reference for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber), 26 January 2012
ECLI:EU:C:2012:39 |
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Case C‑588/10 Minister Finansów v Kraft Foods Polska
Taxation — VAT — Directive 2006/112/EC — Article 90(1) — Price reduced after the supply has taken place — National legislation which makes the reduction of the taxable amount contingent on the supplier of the goods or services possessing acknowledgment of receipt of a correcting invoice by the purchaser of the goods or services — Principle of VAT neutrality — Principle of proportionality
Reference for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Judgment of the Court (Second Chamber), 26 January 2012
ECLI:EU:C:2012:40 |
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Information (on unpublished decisions)
Case C‑462/10 P Evropaïki Dynamiki v EEA
Appeal — Public service contracts — Invitation to tender — Supply of computing advice services — Rejection of the tender — Decision to award the contract to another tenderer — Selection and award criteria — Confusion of the criteria — Weighting of the criteria — Full copy of the evaluation report — Inadequate statement of reasons
Case C‑496/10 Criminal proceedings against Patriciello
Article 104(3), first subparagraph, of the Rules of Procedure — Member of the European Parliament — Protocol on Privileges and Immunities — Article 8 — Criminal proceedings for the offence of insulting behaviour — Statements made outside the precincts of the European Parliament — Definition of expression of an opinion in the performance of parliamentary duties — Immunity — Conditions
Case C‑117/11 Purple Parking and Airparks Services v Commissioners for Her Majesty's Revenue & Customs
First subparagraph of Article 104(3) of the Rules of Procedure — Taxation — VAT — Sixth Directive — Article 28(2)(a) — Article 28(3)(b) — Exemption of certain transport services — Transaction combining car parking services and the transport of travellers between the car park and an airport — Existence of two separate supplies of services or of a single supply — Principle of fiscal neutrality
Case C‑227/11 DHL Danzas Air & Ocean v Inspecteur van de Belastingdienst/Douane West, kantoor Hoofddorp
Article 104(3) of the Rules of Procedure — Common Customs Tariff — Tariff headings — Network analysers — Classification — Legal value of a classification opinion of the World Customs Organisation
Case C‑185/11 Commission v Slovenia
Failure of a Member State to fulfil obligations — Direct insurance other than life assurance — Directives 73/239/EEC and 92/49/EEC — Incorrect and incomplete transposition
Case C‑192/11 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 2009/147/EC — Conservation of wild birds — Scope of the system of protection — Derogations from the prohibitions laid down by the directive
February 2012
Case C‑545/09 Commission v United Kingdom
Convention defining the Statute of the European Schools — Interpretation and application of Articles 12(4)(a) and 25(1) — Right of seconded teachers to access to the same progression in status and pay as those enjoyed by their national counterparts — Exclusion of certain teachers seconded by the United Kingdom to the European Schools from access to improved pay scales and other additional payments available to their national counterparts — Incompatibility with Articles 12(4)(a) and 25(1)
Language of the case: English
| Summary |
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Opinion of the Advocate General Mengozzi delivered on 7 July 2011
ECLI:EU:C:2011:461 |
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Judgment of the Court (First Chamber), 2 February 2012
ECLI:EU:C:2012:52 |
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Case C‑249/10 P Brosmann Footwear (HK) and Others v Council
Appeal — Dumping — Regulation (EC) No 1472/2006 — Imports of certain footwear with uppers of leather originating in China and Vietnam — Regulation (EC) No 384/96 — Articles 2(7), 9(5) and 17(3) — Market economy treatment — Individual treatment — Sampling
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 6 September 2011
ECLI:EU:C:2011:544 |
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Judgment of the Court (Third Chamber), 2 February 2012
ECLI:EU:C:2012:53 |
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Case C‑210/10 Urbán v Vám- és Pénzügyőrség Észak-alföldi Regionális Parancsnoksága
Road transport — Breach of the rules on the use of the tachograph — Obligation on Member States to establish proportionate penalties — Flat-rate fine — Proportionality of the penalty
Reference for a preliminary ruling from the Hajdú-Bihar Megyei Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (First Chamber), 9 February 2012
ECLI:EU:C:2012:64 |
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Case C‑277/10 Luksan v van der Let
Reference for a preliminary ruling — Approximation of laws — Intellectual property — Copyright and related rights — Directives 93/83/EEC, 2001/29/EC, 2006/115/EC and 2006/116/EC — Sharing of the rights to exploit a cinematographic work, by contract, between the principal director and the producer of the work — National legislation allotting those rights, exclusively and by operation of law, to the film producer — Possibility of departing from that rule by an agreement between the parties — Subsequent rights to remuneration
Reference for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
| Summary |
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Opinion of Advocate General Trstenjak delivered on 6 September 2011
ECLI:EU:C:2011:545 |
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Judgment of the Court (Third Chamber), 9 February 2012
ECLI:EU:C:2012:65 |
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Case C‑204/09 Flachglas Torgau v Bundesrepublik Deutschland
Reference for a preliminary ruling — Aarhus Convention — Directive 2003/4/EC — Access to environmental information — Bodies or institutions acting in a legislative capacity — Confidentiality of the proceedings of public authorities — Condition that the confidentiality must be provided for by law
Reference for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 22 June 2011
ECLI:EU:C:2011:413 |
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Judgment of the Court (Grand Chamber), 14 February 2012
ECLI:EU:C:2012:71 |
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Case C‑17/10 Toshiba Corporation and Others v Úřad pro ochranu hospodářské soutěže
Competition — Cartel, in the territory of a Member State, having begun before that State acceded to the European Union — Cartel of international scope having effects in the territory of the Union and the European Economic Area — Article 81 EC and Article 53 of the EEA Agreement — Prosecution and penalty for the infringement for the period before the date of accession and the period following that date — Fines — Delimitation of the powers of the Commission and those of the national competition authorities — Imposition of fines by the Commission and by the national competition authority — Principle ne bis in idem — Regulation (EC) No 1/2003– Articles 3(1) and 11(6) — Consequences of the accession of a new Member State to the Union
Reference for a preliminary ruling from the Krajský soud v Brně
Language of the case: Czech
| Summary |
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Opinion of Advocate General Kokott delivered on 8 September 2011
ECLI:EU:C:2011:552 |
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Judgment of the Court (Grand Chamber), 14 February 2012
ECLI:EU:C:2012:72 |
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Joined Cases C‑191/09 P and C‑200/09 P Council v Interpipe Niko Tube and Interpipe NTRP and Commission v Council
Appeals — Anti‑dumping duties — Regulation (EC) No 954/2006 — Imports of certain seamless pipes and tubes, of iron or steel originating in Croatia, Romania, Russia and Ukraine — Regulation (EC) No 384/96 — Article 2(10)(i), Article 3(2), (3) and (5) to (7), Article 18(3) and Article 19(3) — Calculation of the normal value and of the injury — ‘Single economic entity’ — Rights of the defence — No statement of reasons
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 14 April 2011
ECLI:EU:C:2011:245 |
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Judgment of the Court (Third Chamber), 16 February 2012
ECLI:EU:C:2012:78 |
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Joined Cases C‑72/10 and C‑77/10 Criminal proceedings against Costa and Cifone
Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licensing requirement — Consequences of an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibition under national legislation — Whether permissible
References for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 27 October 2011
ECLI:EU:C:2011:699 |
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Judgment of the Court (Fourth Chamber), 16 February 2012
ECLI:EU:C:2012:80 |
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Case C‑182/10 Solvay and Others v Région wallonne
Assessment of the effects of projects on the environment — Concept of legislative act — Force and effect of the guidance in the Aarhus Convention Implementation Guide — Consent for a project given without an appropriate assessment of its effects on the environment — Access to justice in environmental matters — Extent of the right to a review procedure — Habitats Directive — Plan or project affecting the integrity of the site — Imperative reason of overriding public interest
Reference for a preliminary ruling from the Cour constitutionnelle (Belgium)
Language of the case: French
| Summary |
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Judgment of the Court (Fourth Chamber), 16 February 2012
ECLI:EU:C:2012:82 |
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Case C-360/10 SABAM v Netlog
Information society — Copyright — Internet — Hosting service provider — Processing of information stored on an online social networking platform — Introducing a system for filtering that information in order to prevent files being made available which infringe copyright — No general obligation to monitor stored information
Reference for a preliminary ruling from the rechtbank van eerste aanleg te Brussel
Language of the case: Dutch
| Summary |
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Judgment of the Court (Third Chamber), 16 February 2012
ECLI:EU:C:2012:85 |
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Case C‑372/10 Pak-Holdco v Dyrektor Izby Skarbowej w Poznaniu
Taxation — Indirect taxes on the raising of capital — Capital duty levied on capital companies — Obligation on a Member State to take account of directives which were no longer in force at the time of that State’s accession — Exclusion, from the amount on which capital duty is charged, of the amount of the assets belonging to the capital company which are allocated to the increase in capital and which have already been subjected to capital duty
Reference for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Judgment of the Court (Fourth Chamber), 16 February 2012
ECLI:EU:C:2012:86 |
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C‑488/10 Celaya Emparanza y Galdos Internacional v Proyectos Integrales de Balizamientos
Regulation (EC) No 6/2002 — Article 19(1) — Community designs — Infringement or threatened infringement — Definition of ‘third parties’
Reference for a preliminary ruling from the Juzgado de lo Mercantil nº 1 de Alicante y nº 1 de Marca Comunitaria
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 8 November 2011
ECLI:EU:C:2011:714 |
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Judgment of the Court (First Chamber), 16 February 2012
ECLI:EU:C:2012:88 |
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Case C‑594/10 Proceedings brought by van Laarhoven
Sixth VAT Directive — Right to deduct input tax — Limitation — Use of goods forming part of the assets of a business for the private use of the taxable person — Fiscal treatment of private use of goods that are assets of the business
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 8 December 2011
ECLI:EU:C:2011:820 |
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Judgment of the Court (Third Chamber), 16 February 2012
ECLI:EU:C:2012:92 |
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Case C‑25/11 Varzim Sol v Fazenda Pública
Taxation — Sixth VAT Directive — Deduction of input tax — Article 17(2) and (5) and Article 19 — ‘Subsidies’ used for the purchase of goods and services — Restriction of the right to deduct
Reference for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Eighth Chamber), 16 February 2012
ECLI:EU:C:2012:94 |
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Case C‑118/11 Eon Aset Menidjmunt v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
VAT — Directive 2006/112/EC — Articles 168 and 176 — Right of deduction — Condition relating to use of goods and services for the purposes of taxed transactions — Origin of the right to deduct — Motor vehicle leasing contract — Financial leasing contract — Vehicle used by employer to transport free of charge an employee between his home and his workplace
Reference for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Second Chamber), 16 February 2012
ECLI:EU:C:2012:97 |
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Case C‑134/11 Blödel-Pawlik v HanseMerkur Reiseversicherung
Directive 90/314/EEC — Package travel, package holidays and package tours — Article 7 — Protection against the risk of insolvency or bankruptcy on the part of the package organiser — Scope — Insolvency of the organiser on account of its fraudulent use of the funds transferred by consumers
Reference for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
| Summary |
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Judgment of the Court (Fifth Chamber), 16 February 2012
ECLI:EU:C:2012:98 |
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Case C-41/11 Inter-Environnement Wallonie and Terre wallonne v Région wallonne
Protection of the environment — Directive 2001/42/EC — Articles 2 and 3 — Assessment of the effects of certain plans and programmes on the environment — Protection of waters against pollution caused by nitrates from agricultural sources — Plan or programme — No prior environmental assessment — Annulment of a plan or programme — Possibility of maintaining the effects of the plan or programme — Conditions
Reference for a preliminary ruling from the Conseil d’État (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 8 December 2011
ECLI:EU:C:2011:822 |
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Judgment of the Court (Grand Chamber), 28 February 2012
ECLI:EU:C:2012:103 |
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Information (on unpublished decisions)
Case C‑404/11 P Elf Aquitaine v Commission
Appeal — Regulation (EC) No 1/2003 — Competition — Cartel — Sodium chlorate market — Concept of an ‘undertaking’ — Presumption of decisive influence — Scope of that presumption — Factors not capable of rebutting the presumption — Personal fine — Unlimited jurisdiction
Case C‑421/11 P Total and Elf Aquitaine v Commission
Appeal — Regulation (EC) No 1/2003 — Competition — Cartel — Market for methacrylates — Concept of ‘undertaking’ — Presumption of decisive influence — Obligation to state reasons — Principle of sound administration — Extension of the authority of a final decision — Deterrent multiplying factor — Indivisible nature of the fine — Unlimited jurisdiction
Case C‑191/11 P Yorma's v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Opposition proceedings — Application for Community figurative mark with the word element ‘yorma’s’ — Earlier Community word mark NORMA — Relative ground for refusal — Likelihood of confusion
Case C‑442/11 Novartis v Actavis
The first subparagraph of Article 104(3) of the Rules of Procedure — Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Articles 4 and 5 — Sole active ingredient for which such a certificate is granted — Scope of protection — Medicinal product containing more than one active ingredient, including the active ingredient which is the subject of a certificate
Case C‑556/11 Lorenzo Martínez v Dirección Provincial de Educación Valladolid
First subparagraph of Article 104(3) of the Rules of Procedure — Social policy — Directive 1999/70/EC — Clause 4(1) of the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Fixed-term employment contracts in the public sector — Non-university teaching — Right to six-yearly continuing professional education increments — Exclusion of teachers employed as temporary officials — Principle of non-discrimination
Case C‑574/11 Novartis v Actavis Deutschland and Actavis
The first subparagraph of Article 104(3) of the Rules of Procedure — Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Articles 4 and 5 — Sole active ingredient for which such a certificate is granted — Scope of protection — Medicinal product containing more than one active ingredient, including the active ingredient which is the subject of a certificate
Case C‑208/11 P Internationaler Hilfsfonds v Commission
Appeal — Access to documents — Action for annulment of the Commission’s decisions refusing access to documents concerning a contract for the co-financing of a medical aid programme in Kazakhstan — Action inadmissible because brought out of time — Incorrect determination of the moment from which the time allowed for bringing the action began to run
Joined Cases C‑164/10 to C‑176/10 Ferazzoli and Others v Ministero dell'Interno
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licensing requirement — Consequences of an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑255/10 Criminal proceedings against Sacchi
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑279/10 Criminal proceedings against Minesi
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑413/10 Criminal proceedings against Pulignani and Others
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑501/10 Criminal proceedings against Russo
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑107/11 Ministero dell'Interno and Questura di Caltanissetta v Rizzo
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑368/11 Procura della Repubblica v Arrichiello
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑612/11 Procura della Repubblica v Veneruso
Article 104(3), first subparagraph, of the Rules of Procedure — Freedom of establishment — Freedom to provide services — Betting and gaming — Collection of bets on sporting events — Licence required — Action to be taken following an infringement of European Union law in the awarding of licences — Award of 16 300 additional licences — Principle of equal treatment and the obligation of transparency — Principle of legal certainty — Protection of holders of earlier licences — National legislation — Mandatory minimum distances between betting outlets — Whether permissible — Cross-border activities analogous to those engaged in under the licence — Prohibited by national legislation — Whether permissible
Case C‑119/11 Commission v France
Failure of a Member State to fulfil obligations — Directive 2006/112/EC — Articles 99 and 110 — Value added tax — Reduced rate — Application of a reduced rate for admission to the first performances of concerts held in establishments providing refreshments during the performance
March 2012
Case C‑280/10 Kopalnia Odkrywkowa Polski Trawertyn P. Granatowicz, M. Wąsiewicz v Dyrektor Izby Skarbowej w Poznaniu
VAT — Directive 2006/112/EC — Articles 9, 168, 169 and 178 — Deduction of input tax paid in respect of transactions conducted with a view to carrying out planned economic activity — Purchase of land by the partners of a partnership — Invoices drawn up prior to registration of the partnership seeking the deduction
Reference for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 15 September 2011
ECLI:EU:C:2011:592 |
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Judgment of Court (First Chamber) 1 March 2012
ECLI:EU:C:2012:107 |
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Case C-393/10 O'Brien v Ministry of Justice
Framework agreement on part‑time work — Definition of ‘part-time workers who have an employment contract or employment relationship’ — Judges working part‑time remunerated on a fee-paid basis — Refusal to grant a retirement pension
Reference for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 17 November 2011
ECLI:EU:C:2011:746 |
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Judgment of the Court (Second Chamber) 1 March 2012
ECLI:EU:C:2012:110 |
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Case C‑420/10 Söll v Tetra
Placing on the market of biocidal products — Directive 98/8/EC — Article 2(1)(a) — Concept of ‘biocidal products’– Product causing flocculation of harmful organisms without destroying or deterring them or rendering them harmless
Reference for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 27 October 2011
ECLI:EU:C:2011:705 |
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Judgment of the Court (Third Chamber) 1 March 2012
ECLI:EU:C:2012:111 |
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Case C‑467/10 Staatsanwaltschaft Gießen v Akyüz
Directives 91/439/EEC and 2006/126/EC — Mutual recognition of driving licences — Refusal of a Member State to recognise, in respect of a person who does not satisfy the physical and mental requirements for driving under the laws of that Member State, the validity of a driving licence issued by another Member State
Reference for a preliminary ruling from the Landgericht Gießen
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber) 1 March 2012
ECLI:EU:C:2012:112 |
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Case C‑484/10 Ascafor and Asidac v Administración del Estado and Others
Free movement of goods — Quantitative restrictions and measures having equivalent effect — Directive 89/106/EEC — Construction products — Non‑harmonised standards — Labels of quality — Requirements relating to certification bodies
Reference for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Judgment of the Court (Fifth Chamber), 1 March 2012
ECLI:EU:C:2012:113 |
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Case C-604/10 Football Dataco and Others v Yahoo and Others
Directive 96/9/EC — Legal protection of databases — Copyright — Football league fixture lists
Reference for a preliminary ruling from the Court of Appeal (England & Wales)(Civil Division)
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi, delivered on 15 December 2011
ECLI:EU:C:2011:848 |
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Judgment of the Court (Third Chamber), 1 March 2012
ECLI:EU:C:2012:115 |
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Case C-166/11 González Alonso v Nationale Nederlanden Vida Cia De Seguros y Reaseguros
Consumer protection — Contracts negotiated away from business premises — Directive 85/577/EEC — Scope — Not included — Unit-linked insurance contracts
Reference for a preliminary ruling from the Audiencia Provincial de Oviedo
Language of the case: Spanish
| Summary |
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Judgment of the Court (Fifth Chamber) of 1 March 2012
ECLI:EU:C:2012:119 |
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Case C-220/11 Star Coaches v Finanční ředitelství pro hlavní město Prahu
Article 104(3), first subparagraph, of the Rules of Procedure — VAT Directive — Special tax scheme for travel agents — Supply to travel agents of a coach transport service but no other services
Reference for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Order of the Court (Sixth Chamber), 1 March 2012
ECLI:EU:C:2012:120 |
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Case C-524/10 Commission v Portugal
Failure of a Member State to fulfil obligations — Common system of value added tax — Directive 2006/112/EC — Articles 296 to 298 — Common flat-rate scheme for farmers — Flat-rate compensation percentage set at nil rate
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Kokott delivered on 22 September 2011
ECLI:EU:C:2011:613 |
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Judgment of the Court (Fourth Chamber), 8 March 2012
ECLI:EU:C:2012:129 |
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Case C‑251/11 Huet v Université de Bretagne Occidentale
Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 5(1) — Successive fixed-term employment contracts — Measures to prevent the abuse of such contracts — Conversion of the previous fixed-term contract into a contract of indefinite duration — Obligation to reproduce in identical terms the principal clauses of the previous fixed-term contract
Request for a preliminary ruling from the tribunal administratif de Rennes
Language of the case: French
| Summary |
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Judgment of the Court (Sixth Chamber), 8 March 2012
ECLI:EU:C:2012:133 |
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Case C-380/09 P Melli Bank v Council
Appeal — Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation — Freezing the funds of a bank’s subsidiary — Principle of proportionality — Ownership or control of the entity
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 28 June 2011
ECLI:EU:C:2011:424 |
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Judgment of the Court (Grand Chamber), 13 March 2012
ECLI:EU:C:2012:137 |
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Case C-376/10 P Tay Za v Council
Appeals — Common foreign and security policy — Restrictive measures against the Republic of the Union of Myanmar — Freezing of funds applicable to persons, entities and bodies — Legal basis
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 29 November 2011
ECLI:EU:C:2011:786 |
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Judgment of the Court (Grand Chamber), 13 March 2012
ECLI:EU:C:2012:138 |
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Case C-135/10 SCF v Del Corso
Copyright and related rights in the information society — Direct applicability of the Rome Convention, the TRIPS Agreement and the WPPT in the European Union legal order — Directive 92/100/EC — Article 8(2) — Directive 2001/29/EC — Concept of ‘communication to the public’ — Communication to the public of phonograms broadcast by radio in a dental practice
Reference for a preliminary ruling from the Corte d’appello di Torino
Language of the case: Italian
| Summary |
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Opinion of Advocate General Trstenjak delivered on 29 June 2011
ECLI:EU:C:2011:431 |
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Judgment of the Court (Third Chamber), 15 March 2012
ECLI:EU:C:2012:140 |
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Case C-162/10 Phonographic Performance (Ireland) v Ireland and Attorney General
Copyright and related rights — Directive 2006/115/EC — Articles 8 and 10 — Concepts of ‘user’ and ‘communication to the public’ — Installation in hotel bedrooms of televisions and/or radios to which the hotelier distributes a broadcast signal
Reference for a preliminary ruling from the High Court (Commercial Division) (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Trstenjak delivered on 29 June 2011
ECLI:EU:C:2011:432 |
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Judgment of the Court (Third Chamber), 15 March 2012
ECLI:EU:C:2012:141 |
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Case C-292/10 G v de Visser
Jurisdiction and the enforcement of judgments in civil and commercial matters — Public notification of legal documents — Lack of known domicile or place of abode of the defendant in the territory of a Member State — Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ — Infringement of the right to protection of personality liable to have been committed by the publication of photographs on the Internet — Place where the harmful event occurred or may occur
Reference for a preliminary ruling from the Landgericht Regensburg
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber), 15 March 2012
ECLI:EU:C:2012:142 |
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Case C-340/10 Commission v Cyprus
Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Articles 4(1) and 12(1) — Failure to include Paralimni Lake as a site of Community importance within the time-limit laid down — System of protection for the species Natrix natrix cypriaca (Cypriot grass snake)
Language of the case: Greek
| Summary |
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Judgment of the Court (Fourth Chamber), 15 March 2012
ECLI:EU:C:2012:143 |
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Case C-453/10 Pereničová and Perenič v S.O.S. financ
Consumer protection — Consumer credit agreement — Incorrect statement of annual percentage rate of charge — Effect of unfair commercial practices and unfair terms on the validity of the contract as a whole
Reference for a preliminary ruling from the Okresný súd Prešov
Language of the case: Slovak
| Summary |
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Opinion of Advocate General Trstenjak delivered on 29 November 2011
ECLI:EU:C:2011:788 |
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Judgment of the Court (First Chamber), 15 March 2012
ECLI:EU:C:2012:144 |
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Joined Cases C-90/11 and C-91/11 Strigl and Securvita v Deutsches Patent- und Markenamt and Öko-Invest
Trade marks — Directive 2008/95/EC − Grounds for refusal or invalidity − Verbal expressions which consist of a word combination and a sequence of letters identical to the initial letters of those words — Distinctive character — Descriptive character — Assessment criteria
Reference for a preliminary ruling from the Bundespatentgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 26 January 2012
ECLI:EU:C:2012:42 |
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Judgment of the Court (Third Chamber), 15 March 2012
ECLI:EU:C:2012:147 |
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Case C‑506/09 P Portugal v Transnáutica
Appeal — Customs union — Regulation (EEC) No 2913/92 and Regulation (EEC) No 2454/93 — Remission of import duties — Consignments of tobacco and ethyl alcohol for third countries — Fraud committed by an employee of the company liable
Language of the case: English
| Summary |
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Judgment of the Court (First Chamber), 22 March 2012
ECLI:EU:C:2012:156 |
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Case C‑190/10 Génesis v Boys Toys and Administración del Estado
Community trade mark — Definition and acquisition — Earlier trade mark — Procedure for filing — Filing by electronic means — Method enabling precise identification of the day, hour and minute when the application was filed
Reference for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Jääskinen delivered on 31 March 2011
ECLI:EU:C:2011:202 |
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Judgment of the Court (First Chamber), 22 March 2012
ECLI:EU:C:2012:157 |
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Case C‑338/10 GLS v HZA Hamburg-Stadt
Dumping — Anti-dumping duty imposed on imports of certain prepared or preserved citrus fruits originating in China — Regulation (EC) No 1355/2008 — Validity — Regulation (EC) No 384/96 — Article 2(7)(a) — Determination of normal value — Non-market economy country — Commission’s obligation to take due care to determine normal value on the basis of the price or constructed value in a market economy third country
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 6 October 2011
ECLI:EU:C:2011:636 |
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Judgment of the Court (Third Chamber), 22 March 2012
ECLI:EU:C:2012:158 |
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Case C‑567/10 Inter-Environnement Bruxelles and Others v Gouvernement de la Région de Bruxelles-Capitale
Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Concept of plans and programmes ‘which are required by legislative, regulatory or administrative provisions’ — Applicability of the directive to a procedure for the total or partial repeal of a land use plan
Reference for a preliminary ruling from the Cour constitutionnelle (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 17 November 2011
ECLI:EU:C:2011:755 |
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Judgment of the Court (Fourth Chamber), 22 March 2012
ECLI:EU:C:2012:159 |
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Case C-153/11 Klub v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
VAT — Directive 2006/112/EC — Article 168 — Right of deduction — Origin of the right of deduction — Right of a company to deduct the input VAT paid for the acquisition of capital goods not yet brought into use for the company’s business activities
Reference for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Second Chamber), 22 March 2012
ECLI:EU:C:2012:163 |
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Case C-248/11 Ministerul public v Nilaş and Others
Directive 2004/39/EC — Markets in financial instruments — Article 4(1)(14) — Concept of ‘regulated market’ — Authorisation — Functional requirements — Market whose legal nature is not specified, but which is managed, after a merger, by a legal person also managing a regulated market — Article 47 — Not included on the list of regulated markets — Directive 2003/6/EC — Scope — Market manipulation
Reference for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
| Summary |
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Judgment of the Court (Second Chamber), 22 March 2012
ECLI:EU:C:2012:166 |
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Case C-209/10 Post Danmark v Konkurrencerådet
Article 82 EC — Postal undertaking with a dominant position and subject to a universal service obligation with regard to certain addressed mail — Low prices charged to certain former customers of a competitor — No evidence relating to intention — Price discrimination — Selectively low prices — Actual or likely exclusion of a competitor — Effect on competition and, thereby, on consumers — Objective justification
Reference for a preliminary ruling from the Højesteret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 24 May 2011
ECLI:EU:C:2011:342 |
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Judgment of the Court (Grand Chamber), 27 March 2012
ECLI:EU:C:2012:172 |
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Case C‑504/09 P Commission v Poland
Appeal — Environment — Directive 2003/87/EC — Greenhouse gas emission allowance trading scheme — National allocation plan for emission allowances for the Republic of Poland for the period 2008 to 2012 — Article 9(1) and (3) and Article 11(2) of Directive 2003/87 — Respective competences of the Commission and the Member States — Equal treatment
Language of the case: Polish
| Summary |
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Opinion of Advocate General Trstenjak delivered on 17 November 2011
ECLI:EU:C:2011:741 |
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Judgment of the Court (Second Chamber), 29 March 2012
ECLI:EU:C:2012:178 |
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Case C-505/09 P Commission v Estonia
Appeal — Environment — Directive 2003/87/EC — Greenhouse gas emission allowance trading scheme — National allocation plan for emission allowances for the Republic of Estonia for the period 2008 to 2012 — Respective competences of the Commission and the Member States — Article 9(1) and (3) and Article 11(2) of Directive 2003/87 — Equal treatment — Principle of sound administration
Language of the case: Estonian
| Summary |
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Opinion of Advocate General Trstenjak delivered on 17 November 2011
ECLI:EU:C:2011:742 |
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Judgment of the Court (Second Chamber), 29 March 2012
ECLI:EU:C:2012:179 |
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Case C-185/10 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 2001/83/EC — Articles 5 and 6 — Proprietary medicinal products — Medicinal products for human use –Authorisation to market — Legislation of a Member State dispensing with a marketing authorisation for medicinal products which are similar to but have a lower price than authorised products
Language of the case: Polish
| Summary |
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Opinion of Advocate General Jääskinen delivered on 29 September 2011
ECLI:EU:C:2011:622 |
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Judgment of the Court (Third Chamber), 29 March 2012
ECLI:EU:C:2012:181 |
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Case C‑414/10 Véleclair v Ministre du budget, des comptes publics et de la réforme de l'Etat
VAT — Sixth Directive — Article 17(2)(b) — Taxation of a product imported from a third country — National legislation — Right to deduct VAT on importation — Condition — Actual payment of VAT by the taxable person
Reference for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 17 November 2011
ECLI:EU:C:2011:748 |
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Judgment of the Court (First Chamber), 29 March 2012
ECLI:EU:C:2012:183 |
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Case C-417/10 Ministero dell'Economia e delle Finanze and Agenzia delle Entrate v 3M Italia
Direct taxation — Conclusion of proceedings pending before the court giving judgment at final instance in tax matters — Abuse of rights — Article 4(3) TEU — Freedoms guaranteed by the Treaty — Principle of non-discrimination — State aid — Obligation to ensure the effective application of European Union law
Reference for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Judgment of the Court (Fourth Chamber), 29 March 2012
ECLI:EU:C:2012:184 |
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Case C‑436/10 État belge v BLM
Sixth VAT Directive — Article 6(2), first paragraph, point (a), and Article 13(B)(b) — Right of deduction — Business assets which belong to a taxable person which is a legal person and which are placed at the disposal of its staff for their private use
Reference for a preliminary ruling from the cour d’appel de Mons
Language of the case: French
| Summary |
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Judgment of the Court (Fifth Chamber), 29 March 2012
ECLI:EU:C:2012:185 |
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Case C-500/10 Ufficio IVA di Piacenza v Belvedere Costruzioni
Taxation — VAT — Article 4(3) TEU — Sixth Directive — Articles 2 and 22 — Automatic conclusion of proceedings pending before the tax court of third instance
Reference for a preliminary ruling from the Commissione tributaria centrale, sezione di Bologna
Language of the case: Italian
| Summary |
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Opinion of Advocate General Sharpston delivered on 17 November 2011
ECLI:EU:C:2011:754 |
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Judgment of the Court (Fourth Chamber), 29 March 2012
ECLI:EU:C:2012:186 |
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Case C‑564/10 Bundesanstalt für Landwirtschaft und Ernährung v Pfeifer & Langen
Regulation (EC, Euratom) No 2988/95 — Protection of the European Union’s financial interests — Articles 3 and 4 — Administrative measures — Recovery of wrongly obtained advantages — Default and compensatory interest due under national law — Application of the limitation rules in Regulation No 2988/95 to the recovery of default interest — Start of the limitation period — Concept of suspension — Concept of interruption
Reference for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 26 January 2012
ECLI:EU:C:2012:38 |
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Judgment of the Court (Fourth Chamber), 29 March 2012
ECLI:EU:C:2012:190 |
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Case C‑599/10 SAG ELV Slovensko and Others v Úrad pre verejné obstarávanie
Public procurement — Directive 2004/18/EC — Contract award procedures — Restricted call for tenders — Assessment of the tender — Requests by the contracting authority for clarification of the tender — Conditions
Reference for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
| Summary |
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Judgment of the Court (Fourth Chamber), 29 March 2012
ECLI:EU:C:2012:191 |
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Case C-1/11 Interseroh Scrap and Metal Trading v SAM
Environment — Regulation (EC) No 1013/2006 — Article 18(1) and (4) — Shipments of certain waste — Article 3(2) — Mandatory information — Identity of waste producers — Information not provided by the intermediary dealer — Protection of business secrets
Reference for a preliminary ruling from the Verwaltungsgericht Mainz
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 8 December 2011
ECLI:EU:C:2011:821 |
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Judgment of the Court (Fourth Chamber), 29 March 2012
ECLI:EU:C:2012:194 |
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Information (on unpublished decisions)
Case C-354/10 Commission v Greece
Failure to fulfil obligations — State aid — Tax-exempt reserve fund — Incompatibility with the common market — Recovery — Failure to execute
Case C‑474/11 P Smanor v Commission and European Ombudsman
Appeal — Article 119 of the rules of the procedure — Marketing of frozen yoghurt prohibited — Failure of a Member State to fulfil obligations –Commission’s refusal to bring infringement proceedings — Action for damages — Manifest inadmissibility
Case C-596/10 Commission v France
Failure of a Member State to fulfil obligations — Value added tax — Directive 2006/112/EC — Application of reduced VAT rates to transactions concerning equidae and in particular to horses
Case C-81/11 P Longevity Health Products v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Application for Community word mark RESVEROL — Opposition by the proprietor of the earlier international word mark LESTEROL — Assessment of the likelihood of confusion — Rights of the defence
Case C‑333/11 Febetra v Belgische Staat
Article 104(3), first subparagraph, of the Rules of Procedure — TIR Convention — Community Customs Code — Excise duties — Transport carried out under cover of a TIR carnet — Unlawful unloading — Determination of the place of the offence — Recovery of customs and excise duties — Jurisdiction
Case C‑406/11 P Atlas Transport v OHIM
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Invalidity proceedings — Admissibility before the Board of Appeal — Failure to file a statement setting out the grounds of appeal — Regulation (EC) No 40/94 — Article 59 — Regulation (EC) No 2868/95 — Rule 49(1) — Stay of proceedings — Regulation (EC) No 2868/95 — Rule 20(7)(c) — Appeal manifestly inadmissible and manifestly unfounded
Case C-574/10 Commission v Germany
Failure of a Member State to fulfil its obligations — Directive 2004/18/EC — Public service contracts — Architecture and engineering services — Design, planning and supervision of a project to renovate a public building — Project carried out in several phases, for budgetary reasons — Market value
Case C-46/11 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Inadequate protection of certain species, in particular the otter (Lutra lutra
Case C‑157/11 Sibilio v Comune di Afragola
Social policy — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Directive 1999/70/EC — Clause 2 — Concept of ‘an employment contract or relationship defined by law, collective agreements or practice in force in each Member State’ — Scope of the framework agreement — Clause 4, point 1 — Principle of non-discrimination — Persons carrying out ‘work of social utility’ with public authorities — National rule excluding the existence of an employment relationship — National rule establishing a difference between the benefit paid to socially useful workers and the remuneration received by workers engaged under a contract of definite and/or indefinite duration by the same public authorities and carrying out the same activities
Case C-87/11 P Fidelio v OHIM
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(c) — Word mark Hallux — Refusal to register — Absolute ground for refusal — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C‑167/11 P Cantiere navale De Poli v Commission
Appeal — Article 119 of the Rules of Procedure — State aid — Incompatibility with the common market — Commission decision — Alteration to existing aid — Regulation (EC) No 794/2004 — Regulation (EC) No 1177/2002 — Temporary defensive mechanism for shipbuilding
Case C‑200/11 P Italy v Commission
Appeal — Article 119 of the Rules of Procedure — State aid — Incompatibility with the common market — Commission decision — Action for annulment — Regulation (EC) No 659/1999 — Article 1(c) — Alteration of existing aid — Regulation (EC) No 794/2004 — Article 4(1) — Temporary defensive mechanism for shipbuilding
Case C‑354/11 P Emram v OHIM
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Application for registration of the figurative mark G — Trade marks
Case C‑348/11 Thomson Sales Europe v Administration des douanes
Articles 92(1) and 103(1) of the Rules of Procedure — Manifest inadmissibility — Article 104(3), second subparagraph, of the Rules of Procedure — Answer admitting of no reasonable doubt — Reference for a preliminary ruling — Assessment of validity — Common commercial policy — Dumping — Importation of televisions manufactured in Thailand — Validity of the investigation carried out by the European Anti‑Fraud Office (OLAF) — Validity of Regulations (EC) Nos 710/95 and 2584/98
Case C‑243/10 Commission v Italy
Failure of a Member State to fulfil obligations — State aid — Aid in favour of the hotel industry in Sardinia — Recovery
Case C 529/10 Ministero dell'Economia e delle Finanze and Agenzia delle Entrate v Safilo
Article 104(3), first subparagraph, of the Rules of Procedure — Direct taxation — Conclusion of proceedings pending before the court giving judgment at final instance in tax matters — Abuse of rights — Article 4(3) TEU — Freedoms guaranteed by the Treaty — Principle of non‑discrimination — State aid — Obligation to ensure the effective application of European Union law
Case C-607/10 Commission v Sweden
Failure of a Member State to fulfil its obligations — Environment — Directive 2008/1/EC — Integrated pollution prevention and control — Conditions for the authorisation of existing installations — Obligation to ensure the operation of such installations in accordance with the requirements of the directive
Case C‑334/11 P Lancôme v OHIM
Appeal — Community trade mark — Word mark ACNO FOCUS — Opposition by the proprietor of the national word mark FOCUS — Refusal of registration — Article 43(2) and (3) of Regulation (EC) No 40/94 — Earlier mark registered for not less than five years
Case C-569/11 P(R) Gollnisch v Parliament
Appeal — Application for interim measures — Privileges and immunities — Waiving of the immunity of a Member of the European Parliament — Application for suspension of the operation of a measure — Urgency
Case C‑570/11 P(R) Gollnisch v Parliament
Appeal — Interim measures — Privileges and immunities — Waiving of the immunity of a Member of the European Parliament — Application for suspension of operation — Interest in obtaining suspension
April 2012
Case C‑83/12 PPU Criminal proceedings against Minh Khoa Vo
Area of freedom, security and justice — Regulation (EC) No 810/2009 — Community Code on Visas — Articles 21 and 34 — National legislation — Third‑country nationals brought illegally into the territory of a Member State — Visas obtained by fraud — Criminal penalties imposed on the human smuggler
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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View of Advocate General Sharpston delivered on 26 March 2012
ECLI:EU:C:2012:170 |
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Judgment of the Court (Second Chamber), 10 April 2012
ECLI:EU:C:2012:202 |
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Case C‑443/09 CCIAA v Grillo Star
Directive 2008/7/EC — Indirect taxes on the raising of capital — Articles 5(1)(c) and 6(1)(e) — Scope — Annual duty paid to local chambers of commerce, industry, crafts and agriculture
Reference for a preliminary ruling from the Tribunale di Cosenza
Language of the case: Italian
| Summary |
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Opinion of Advocate General Kokott delivered on 12 January 2012
ECLI:EU:C:2012:7 |
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Judgment of the Court (Third Chamber), 19 April 2012
ECLI:EU:C:2012:213 |
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Case C‑213/10 F-Tex v UAB „Jadecloud-Vilma“
Judicial cooperation in civil matters — Regulation (EC) No 1346/2000 — Article 3(1) — Concept of an action related to insolvency proceedings and closely connected with those proceedings — Regulation (EC) No 44/2001 — Article 1(1) and (2)(b) — Concepts of civil and commercial matters and of bankruptcy or winding-up — Action brought on the basis of an assignment, by a liquidator, of his right to have a transaction set aside
Reference for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
| Summary |
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Judgment of the Court (First Chamber), 19 April 2012
ECLI:EU:C:2012:215 |
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Case C‑221/10 P Artegodan v Commission
Appeal — Second paragraph of Article 288 EC — Non-contractual liability of the Union — Conditions — Sufficiently serious breach of a rule of law conferring rights on individuals — Decision withdrawing marketing authorisations for medicinal products for human use containing amfepramone
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 17 November 2011
ECLI:EU:C:2011:744 |
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Judgment of the Court (Third Chamber), 19 April 2012
ECLI:EU:C:2012:216 |
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Case C-415/10 Meister v Speech Design Carrier Systems
Directives 2000/43/EC, 2000/78/EC and 2006/54/EC – Equal treatment in employment and occupation – Worker showing that he meets the requirements listed in a job advertisement – Right of that worker to have access to information indicating whether the employer has recruited another applicant
Reference for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 12 January 2012
ECLI:EU:C:2012:8 |
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Judgment of the Court (Second Chamber), 19 April 2012
ECLI:EU:C:2012:217 |
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Case C‑461/10 Bonnier Audio and Others v Perfect Communication Sweden
Copyright and related rights — Processing of data by internet — Infringement of an exclusive right — Audio books made available via an FTP server via internet by an IP address supplied by an internet service provider — Injunction issued against the internet service provider ordering it to provide the name and address of the user of the IP address
Reference for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Jääskinen delivered on 17 November 2011
ECLI:EU:C:2011:753 |
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Judgment of the Court (Third Chamber), 19 April 2012
ECLI:EU:C:2012:219 |
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Case C‑523/10 Wintersteiger v Products 4U Sondermaschinenbau
Regulation (EC) No 44/2001 — Jurisdiction and the enforcement of judgments in civil and commercial matters — Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ — Determination of the place where the harmful event occurred or may occur — Website of a referencing service provider operating under a country-specific top-level domain of a Member State — Use, by an advertiser, of a keyword identical to a trade mark registered in another Member State
Reference for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 16 February 2012
ECLI:EU:C:2012:90 |
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Judgment of the Court (First Chamber), 19 April 2012
ECLI:EU:C:2012:220 |
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Case C‑549/10 P Tomra Systems and Others v Commission
Appeal — Competition — Dominant position — Abuse — Market for machines for the collection of used beverage containers — Decision finding an infringement of Article 82 EC and Article 54 of the EEA Agreement — Exclusivity agreements, quantity commitments and loyalty rebates
Language of the case: English
| Summary |
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Opinion of Advocate General Mazák delivered on 2 February 2012
ECLI:EU:C:2012:55 |
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Judgment of the Court (Third Chamber), 19 April 2012
ECLI:EU:C:2012:221 |
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Case C‑121/11 Pro-Braine and Others v Commune de Braine-le-Château
Directive 1999/31/EC — Landfill of waste — Directive 85/337/EEC — Assessment of the effects of certain public and private projects on the environment — Decision relating to the carrying on of operations at an authorised landfill site, in the absence of an Environmental Impact Assessment — Concept of ‘consent’
Reference for a preliminary ruling from the Conseil d’État (Belgium)
Language of the case: French
| Summary |
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Judgment of the Court (Third Chamber), 19 April 2012
ECLI:EU:C:2012:225 |
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Case C‑571/10 Kamberaj v Istituto per l'Edilizia Sociale della Provincia autonoma di Bolzano and Others
Area of Freedom, Justice and Security — Article 34 of the Charter of Fundamental Rights of the European Union — Directive 2003/109/EC — Status of third-country nationals who are long-term residents — Right to equal treatment with regard to social security, social assistance and social protection — Derogation from the principle of equal treatment for social assistance and social protection measures — Exclusion of ‘core benefits’ from the scope of that derogation — National legislation providing for housing benefit for low income tenants — Amount of funds for third-country nationals determined on the basis of a different weighted average — Rejection of an application for housing benefit owing to the exhaustion of the funds for third-country nationals
Reference for a preliminary ruling from the Tribunale di Bolzano
Language of the case: Italian
| Summary |
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Opinion of Advocate General Bot delivered on 13 December 2011
ECLI:EU:C:2011:827 |
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Judgment of the Court (Grand Chamber), 24 April 2012
ECLI:EU:C:2012:233 |
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Case C‑419/10 Hofmann v Freistaat Bayern
Directive 2006/126/EC — Mutual recognition of driving licences — Refusal by a Member State to recognise, in favour of a person whose driving licence was withdrawn on its territory, the validity of a driving licence issued by another Member State
Reference for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 10 November 2011
ECLI:EU:C:2011:723 |
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Judgment of the Court (Second Chamber), 26 April 2012
ECLI:EU:C:2012:240 |
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Case C-456/10 ANETT v Administración del Estado
Free movement of goods – Articles 34 TFEU and 37 TFEU – National legislation prohibiting tobacco retailers from importing tobacco products – Rule concerning the existence and operation of a monopoly on the marketing of tobacco products – Measures having equivalent effect to quantitative restrictions – Justification – Consumer protection
Reference for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Judgment of the Court (Third Chamber), 26 April 2012
ECLI:EU:C:2012:241 |
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Case C‑472/10 Nemzeti Fogyasztóvédelmi Hatóság v Invitel
Directive 93/13/EEC — Article 3(1) and (3) — Articles 6 and 7 — Consumer contracts — Unfair terms — Unilateral amendment of the terms of a contract by a seller or supplier — Action for an injunction brought in the public interest and on behalf of consumers by a body appointed by national legislation — Declaration of the unfair nature of a term — Legal effects
Reference for a preliminary ruling from the Pest Megyei Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Trstenjak delivered on 6 December 2011
ECLI:EU:C:2011:806 |
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Judgment of the Court (First Chamber), 26 April 2012
ECLI:EU:C:2012:242 |
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Case C‑508/10 Commission v Netherlands
Failure of a Member State to fulfil obligations — Directive 2003/109/EC — Status of third-country nationals who are long-term residents — Application for long-term resident status — Application for a residence permit in a second Member State made by a third-country national who has already acquired long-term resident status in a first Member State or by a member of his family — Amount of the charges levied by the competent authorities — Disproportionate charges − Obstacle to the exercise of the right of residence
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bot delivered on 19 January 2012
ECLI:EU:C:2012:25 |
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Judgment of the Court (Second Chamber), 26 April 2012
ECLI:EU:C:2012:243 |
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Case C‑510/10 DR and TV2 Danmark v NCB
Approximation of laws — Copyright and related rights — Directive 2001/29/EC — Article 5(2)(d) — Right to communicate works to the public — Exception to the reproduction right — Ephemeral recordings of works made by broadcasting organisations by means of their own facilities and for their own broadcasts — Recording made with the facilities of a third party — Obligation of the broadcasting organisation to pay compensation for any adverse effects of the actions and omissions of the third party
Reference for a preliminary ruling from the Østre Landsret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Trstenjak delivered on 17 January 2012
ECLI:EU:C:2012:18 |
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Judgment of the Court (Third Chamber), 26 April 2012
ECLI:EU:C:2012:244 |
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Joined Cases C‑578/10 to C‑580/10 Staatssecretaris van Financiën v van Putten and Others
Articles 18 EC and 56 EC — Motor vehicles — Use in a Member State of a borrowed private motor vehicle which is registered in another Member State — Taxation of that vehicle in the first Member State on its first use on the national road network
References for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of the Advocate General Kokott delivered on 1 December 2011
ECLI:EU:C:2011:802 |
|
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Judgment of the Court (Third Chamber), 26 April 2012
ECLI:EU:C:2012:246 |
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Joined Cases C-621/10 and C-129/11 Balkan and Sea Properties and Provadinvest v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
VAT — Directive 2006/112/EC — Articles 73 and 80(1) — Sale of immovable property between connected companies — Value of the transaction — National legislation providing that for transactions between connected persons the taxable amount for VAT purposes is the open market value of the transaction
References for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Sharpston delivered on 26 January 2012
ECLI:EU:C:2012:41 |
|
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Judgment of the Court (Second Chamber), 26 April 2012
ECLI:EU:C:2012:248 |
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Case C-225/11 Commissioners for Her Majesty's Revenue & Customs v Able UK
VAT — Directive 2006/112/EC — Exemptions — Article 151(1)(c) — Supply of services of dismantling obsolete US Navy ships in the territory of a Member State
Reference for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber) (United Kingdom)
Language of the case: English
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Judgment of the Court (Eighth Chamber), 26 April 2012
ECLI:EU:C:2012:252 |
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Case C‑92/12 PPU Health Service Executive v C. and C.
Jurisdiction, recognition and enforcement of judgments in matrimonial matters and in the matters of parental responsibility — Regulation (EC) No 2201/2003 — Child habitually resident in Ireland, where the child was placed in care on many occasions — Child’s behaviour aggressive and placing herself at risk — Judgment ordering placement of the child in a secure care institution in England — Material scope of the regulation — Article 56 — Procedures for consultation and consent — Obligation to recognise or declare enforceable the decision to place the child in a secure care institution — Provisional measures — Urgent preliminary ruling procedure
Reference for a preliminary ruling from the High Court (Ireland)
Language of the case: English
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View of Advocate General Kokott delivered 28 March 2012
ECLI:EU:C:2012:177 |
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Judgment of the Court (Second Chamber), 26 April 2012
ECLI:EU:C:2012:255 |
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Information (on unpublished decisions)
Case C‑656/11 R United Kingdom v Council
Application for interim measures — Council decision — Application for suspension of operation of a measure — Application for interim measures — Decision 2011/863/EU — Urgency
Case C‑141/10 Commission v Netherlands
Failure of a Member State to fulfil obligations — Articles 39 EC to 42 EC — Freedom of movement of persons — Regulation (EEC) No 1408/71 — Social security of migrant workers — Refusal to pay certain benefits — Workers employed on drilling platforms in the Netherlands — Admissibility of the action
Case C‑297/11 Commission v Greece
Failure of a Member State to fulfil obligations — Directive 2000/60/EC — European Union water policy — River basin management plan — Publication — Public information and consultation — Failure to notify the Commission
Case C‑507/11 P(R) Fapricela v Commission
Application for interim measures — Competition — Decision of the Commission imposing a fine — Bank guarantee — Application for suspension of operation of a measure — Financial damage — Lack of exceptional circumstances — Lack of urgency
Case C‑125/09 Commission v Cyprus
Failure of a Member State to fulfil obligations — Electronic communications networks and services — Directives 2002/21/EC and 2002/20/EC — Rights of way — Failure to transpose within the prescribed period
Case C-307/11 P Deichmann v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(b) — Absolute ground for refusal — Lack of distinctive character — Figurative sign representing a chevron edged with dotted lines
Case C-114/11 Notermans v Boddenberg
Articles 18 EC and 39 EC — Motor vehicles — Use in one Member State of a private motor vehicle registered in another Member State — That vehicle taxed in the first Member State on its first use on the national road network — Vehicle taken at the time of moving to the first Member State and used for both private use and for going to the place of work situated in the second Member State
May 2012
Case C‑406/10 SAS Institute v World Programming
Intellectual property — Directive 91/250/EEC — Legal protection of computer programs — Articles 1(2) and 5(3) — Scope of protection — Creation directly or via another process — Computer program protected by copyright — Reproduction of the functions by a second program without access to the source code of the first program — Decompilation of the object code of the first computer program — Directive 2001/29/EC — Copyright and related rights in the information society — Article 2(a) — User manual for a computer program — Reproduction in another computer program — Infringement of copyright — Condition — Expression of the intellectual creation of the author of the user manual
Reference for a preliminary ruling from the High Court of Justice of England and Wales (Chancery Division)
Language of the case: English
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Opinion of Advocate General Bot delivered on 29 November 2011
ECLI:EU:C:2011:787 |
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Judgment of the Court (Grand Chamber), 2 May 2012
ECLI:EU:C:2012:259 |
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Case C-337/10 Neidel v Stadt Frankfurt am Main
Social policy — Directive 2003/88/EC — Working conditions — Organisation of working time — Right to paid annual leave — Allowance in lieu in the event of sickness — Public servants (firemen)
Reference for a preliminary ruling from the Verwaltungsgericht Frankfurt am Main
Language of the case: German
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Judgment of the Court (Fifth Chamber), 3 May 2012
ECLI:EU:C:2012:263 |
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Case C‑520/10 Lebara v Commissioners for Her Majesty's Revenue & Customs
Taxation — Sixth VAT Directive — Article 2 — Supply of services for consideration — Telecommunications services — Prepaid phonecards displaying information for making international calls — Marketing through a network of distributors
Reference for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
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Opinion of Advocate General Jääskinen delivered on 8 December 2011
ECLI:EU:C:2011:818 |
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Judgment of the Court (Third Chamber), 3 May 2012
ECLI:EU:C:2012:264 |
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Case C‑620/10 Migrationsverket v Kastrati and Others
Dublin system — Regulation (EC) No 343/2003 — Procedure for determining the Member State responsible for examining an asylum application — Third-country nationals in possession of a valid visa issued by the ‘Member State responsible’ within the meaning of Regulation No 343/2003 — Asylum application lodged in a Member State other than the State responsible pursuant to that regulation — Application for a residence permit in a Member State other than the State responsible followed by the withdrawal of the asylum application — Withdrawal occurring before the Member State responsible accepted that it should take charge — Withdrawal terminating the procedures set up by Regulation No 343/2003
Reference for a preliminary ruling from the Kammarrätten i Stockholm — Migrationsöverdomstolen
Language of the case: Swedish
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Opinion of Advocate General Trstenjak delivered on 12 January 2012
ECLI:EU:C:2012:10 |
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Judgment of the Court (Fourth Chamber), 3 May 2012
ECLI:EU:C:2012:265 |
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Case C‑24/11 P Spain v Commission
Appeal — EAGGF — ‘Guarantee’ section — Expenditure excluded from Community financing — Expenditure incurred by the Kingdom of Spain — Aid for the production of olive oil
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Sharpston delivered on 15 December 2011
ECLI:EU:C:2011:850 |
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Judgment of the Court (Third Chamber), 3 May 2012
ECLI:EU:C:2012:266 |
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Case C‑39/10 Commission v Estonia
Failure of a Member State to fulfil obligations — Freedom of movement for workers — Income tax — Allowance — Retirement pensions — Effect on small pensions — Discrimination between resident and non-resident taxpayers
Language of the case: Estonian
| Summary |
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Opinion of Advocate General Jääskinen delivered on 24 November 2011
ECLI:EU:C:2011:770 |
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Judgment of the Court (Fourth Chamber), 10 May 2012
ECLI:EU:C:2012:282 |
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Joined Cases C‑357/10 to C‑359/10 Duomo Gpa and Others v Comune di Baranzate and Comune di Venegono Inferiore
Articles 3 EC, 10 EC, 43 EC, 49 EC and 81 EC — Freedom of establishment — Freedom to provide services — Directive 2006/123/EC — Articles 15 and 16 — Concession relating to the assessment, verification and collection of taxes and other local authority revenue — National legislation — Minimum share capital — Obligation
Request for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia
Language of the case: Italian
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Opinion of Advocate General Cruz Villalón delivered on 16 November 2011
ECLI:EU:C:2011:736 |
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Judgment of the Court (Second Chamber), 10 May 2012
ECLI:EU:C:2012:283 |
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Case C‑368/10 Commission v Netherlands
Failure of a Member State to fulfil obligations — Directive 2004/18/EC — Procedures for the award of public works contracts, public supply contracts and public service contracts — Contract for the supply, installation and maintenance of dispensing machines for hot drinks, and the supply of tea, coffee and other ingredients — Article 23(6) and (8) — Technical specifications — Article 26 — Conditions for performance of the contract — Article 53(1) — Criteria for award of the contracts — Most economically advantageous tender — Products derived from organic agriculture and fair trade — Use of labels in the formulation of the technical specifications and the award criteria — Article 39(2) — Concept of ‘additional information’ — Article 2 — Principles for award of contracts — Principle of transparency — Articles 44(2) and 48 — Verification of the suitability and choice of participants — Minimum level of technical or professional abilities — Compliance with ‘criteria of sustainability of purchases and socially responsible business’
Language of the case: Dutch
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Opinion of Advocate General Kokott delivered on 15 December 2011
ECLI:EU:C:2011:840 |
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Judgment of the Court (Third Chamber), 10 May 2012
ECLI:EU:C:2012:284 |
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Case C‑100/11 P Rubinstein and L'Oréal v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(5) — Community word marks BOTOLIST and BOTOCYL — Community and national figurative and word marks BOTOX — Declaration of invalidity — Relative grounds for refusal — Damage to reputation
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 16 February 2012
ECLI:EU:C:2012:95 |
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Judgment of the Court (First Chamber), 10 May 2012
ECLI:EU:C:2012:285 |
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Joined Cases C‑338/11 to C‑347/11 Santander Asset Management SGIIC and Others v Directeur des résidents à l'étranger et des services généraux and Ministre du budget, des comptes publics, de la fonction publique et de la réforme de l'État
Articles 63 TFEU and 65 TFEU — Undertakings for collective investments in transferable securities (UCITS) — Different treatment of dividends paid to non-resident UCITS, subject to withholding tax, and dividends paid to resident UCITS, not subject to such tax — Whether it is necessary, for the purpose of determining whether the national measure is in conformity with the free movement of capital, to take account of the situation of shareholders — No such need
References for a preliminary ruling from the tribunal administratif de Montreuil
Language of the case: French
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Judgment of the Court (Third Chamber), 10 May 2012
ECLI:EU:C:2012:286 |
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Case C‑348/09 I v Oberbürgermeisterin der Stadt Remscheid
Freedom of movement for persons — Directive 2004/38/EC — Article 28(3)(a) — Expulsion decision — Criminal conviction — Imperative grounds of public security
Reference for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 6 March 2012
ECLI:EU:C:2012:123 |
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Judgment of the Court (Grand Chamber), 22 May 2012
ECLI:EU:C:2012:300 |
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Case C‑97/11 Amia v Provincia Regionale di Palermo
Environment — Landfill of waste — Directive 1999/31/EC — Special levy on the disposal of solid waste in landfills — Landfill operator subject to that levy — Operating costs of a landfill — Directive 2000/35/EC — Default interest — Obligations of the national court
Reference for a preliminary ruling from the Commissione tributaria provinciale di Palermo
Language of the case: Italian
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Judgment of the Court (Fourth Chamber), 24 May 2012
ECLI:EU:C:2012:306 |
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Case C‑98/11 P Chocoladefabriken Lindt & Sprüngli v OHIM
Appeal — Community trade mark — Absolute ground for refusal — No distinctive character — Three-dimensional sign consisting of the shape of a chocolate rabbit with a red ribbon
Language of the case: German
| Summary |
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Judgment of the Court (Fourth Chamber), 24 May 2012
ECLI:EU:C:2012:307 |
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Case C‑188/11 Hehenberger v Republik Österreich
Agriculture — European Agricultural Guidance and Guarantee Fund — Regulations (EC) Nos 1257/1999 and 817/2004 — Financial support for agri‑environmental production methods — Checks — Beneficiary of agricultural aid — Fact of having prevented an on‑the‑spot check from being carried out — National legislation requiring the repayment of all aid paid over several years — Whether compatible
Reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien
Language of the case: German
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Judgment of the Court (Seventh Chamber), 24 May 2012
ECLI:EU:C:2012:312 |
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Case C‑196/11 P Formula One Licensing v OHIM
Appeal — Community trade mark — Figurative mark ‘F1-Live’ — Opposition by the proprietor of international and national word marks F1 and Community figurative mark F1 Formula 1 — Lack of distinctive character — Descriptive element — Removal of the protection provided to an earlier national trade mark — Likelihood of confusion
Language of the case: English
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Judgment of the Court (Third Chamber), 24 May 2012
ECLI:EU:C:2012:314 |
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Information (on unpublished decisions)
Case C-240/11 P World Wide Tobacco España v Commission
Appeal — Competition — Agreements, decisions and concerted practices — The Spanish market for the purchase and first processing of raw tobacco — Price-fixing and market-sharing — Fines — Deterrent effect — Equal treatment — Mitigating circumstances — Maximum limit of 10% of turnover — Cooperation
Case C‑289/11 P Legris Industries v Commission
Appeal — Competition — Cartels — Copper fittings and copper alloy fittings sector — Commission decision finding an infringement of Article 81 EC — Fines — Parent companies and subsidiaries — Imputability of the unlawful conduct
Case C‑290/11 P Comap v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Copper and copper alloy fittings sector — Commission decision finding an infringement of Article 81 EC — Fines — Duration of the infringement — Concept of ‘continuity’
Case C-370/11 Commission v Belgium
Failure of a Member State to fulfil obligations — Articles 36 and 40 of the EEA Agreement — Discriminatory taxation of the capital gains obtained on the repurchase of shares in collective investment undertakings established in Norway or Iceland and not authorised under Directive 85/611/EEC
Case C‑134/12 Corpul Naţional al Poliţiştilor v Ministerul Administraţiei şi Internelor and Others
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — European Convention on the Protection of Human Rights and Fundamental Freedoms — Validity of national legislation imposing salary reductions on several categories of civil servants — Failure to give effect to European Union law — Clear lack of jurisdiction of the Court of Justice
Case C‑198/11 P Lan Airlines v OHIM
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Community word mark LÍNEAS AÉREAS DEL MEDITERRÁNEO LAM — Application for registration — Opposition by the proprietor of the earlier Community word and figurative marks LAN — Rejection of the opposition — No likelihood of confusion — Appeal manifestly inadmissible
Case C‑453/11 P Timehouse v OHIM
Appeal — Community trade mark — Three-dimensional mark representing a watch — Refusal of registration — Lack of distinctiveness
Case C‑477/11 P Sepracor Pharmaceuticals v Commission
Appeal — Regulation (EC) No 726/2004 — Medicinal products for human use — Active substance ‘eszopiclone’ — Marketing authorisation — Procedure — Statement of position by the Commission — Status of ‘new active substance’ — Concept of ‘actionable measure’
Case C‑352/11 Commission v Austria
Failure by a Member State to fulfil its obligations — Environment — Directive 2008/1/EC — Integrated pollution prevention and control — Requirements for the granting of permits for existing installations — Obligation to ensure the operation of such installations in accordance with the requirements of that directive
Case C‑366/11 Commission v Belgium
Failure of a Member State to fulfil obligations — Environment — Directive 2000/60/EC — European Union action in the field of water policy — River basin management plans — Publication and notification to the Commission — Lack — Public information and consultation concerning the draft management plans — Lack
June 2012
Case C-124/10 P Commission v EDF
Appeal — State aid — Waiver of a tax claim — Exemption from corporation tax — Increase in share capital — Conduct of a State acting as a prudent private investor in a market economy — Criteria to distinguish between the State as shareholder and the State exercising public power — Definition of ‘reference private investor’ — Principle of equal treatment — Burden of proof
Language of the case: French
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Opinion of Advocate General Mazák delivered on 20 October 2011
ECLI:EU:C:2011:676 |
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Judgment of the Court (Grand Chamber), 5 June 2012
ECLI:EU:C:2012:318 |
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Case C-489/10 Prokurator Generalny v Bonda
Common agricultural policy — Single area payment scheme — Regulation (EC) No 1973/2004 — Article 138(1) — Exclusion from receiving aid if the area declared is not correct — Administrative or criminal nature of that penalty — Rule against the overlapping of criminal penalties — Ne bis in idem principle
Reference for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
| Summary |
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Opinion of Advocate General Kokott delivered on 15 December 2011
ECLI:EU:C:2011:845 |
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Judgment of the Court (Grand Chamber), 5 June 2012
ECLI:EU:C:2012:319 |
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Case C‑615/10 Proceedings brought by Insinööritoimisto InsTiimi Oy
Directive 2004/18/EC — Public contracts in the field of defence — Article 10 — Article 296(1)(b) EC — Protection of a Member State’s essential security interests — Trade in arms, munitions and war material — Product procured by a contracting authority specifically for military purposes — Existence, as regards that product, of a potential and largely identical civilian application — Tiltable turntable for carrying out electromagnetic measurements — Contract not put out to tender in accordance with the procedures provided for by Directive 2004/18
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
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Opinion of Advocate General Kokott delivered on 19 January 2012
ECLI:EU:C:2012:26 |
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Judgment of the Court (Fourth Chamber), 7 June 2012
ECLI:EU:C:2012:324 |
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Case C-27/11 Vinkov v Nachalnik Administrativno-nakazatelna deinost
Reference for a preliminary ruling — Non-recognition in national law of the right to a judicial remedy in respect of decisions imposing a financial penalty and the deduction of points for certain breaches of road traffic regulations — Purely internal situation — Inadmissibility of the reference
Reference for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
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Judgment of the Court (Eighth Chamber), 7 June 2012
ECLI:EU:C:2012:326 |
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Case C-39/11 VBV - Vorsorgekasse v Finanzmarktaufsichtsbehörde
Free movement of capital — Articles 63 TFEU and 65 TFEU — Severance funds — Investment of assets — Investment funds established in another Member State — Investment in such funds permitted only when they are authorised to market their units within the national territory
Reference for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Third Chamber), 7 June 2012
ECLI:EU:C:2012:327 |
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Case C-106/11 M.J. Bakker v Minister van Financiën
Social security for migrant workers — Applicable legislation — Worker holding Netherlands nationality working, for an employer established in the Netherlands, on board dredgers flying the Netherlands flag which operate outside the territory of the European Union — Residence in the territory of another Member State — Affiliation to the Netherlands social security system
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Judgment of the Court (Eighth Chamber), 7 June 2012
ECLI:EU:C:2012:328 |
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Case C-132/11 Tyrolean Airways Tiroler Luftfahrt v Betriebsrat Bord der Tyrolean Airways Tiroler Luftfahrt Gesellschaft
Directive 2000/78/EC — Equal treatment in employment and occupation — Difference of treatment on grounds of age — Charter of Fundamental Rights of the European Union — General principles of European Union law — Collective agreement — Failure to take into account, for the grading on the salary scale of cabin crew members of an airline, professional experience acquired with another airline belonging to the same group of companies — Contract clause
Reference for a preliminary ruling from the Oberlandesgericht Innsbruck
Language of the case: German
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Judgment of the Court (Second Chamber), 7 June 2012
ECLI:EU:C:2012:329 |
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Joined Cases C‑611/10 and C‑612/10 Hudzinski and Wawrzyniak v Agentur für Arbeit Wesel - Familienkasse and Agentur für Arbeit Mönchengladbach - Familienkasse
Social security for migrant workers — Regulation (EEC) No 1408/71 — Articles 14(1)(a) and 14a(1)(a) — Articles 45 TFEU and 48 TFEU — Temporary work in a Member State other than that in which work is normally carried out — Family benefits — Applicable legislation — Possibility for child benefit to be granted by the Member State in which the temporary work is carried out but which is not the competent State — Application of a rule of national law against overlapping of benefits which excludes that benefit in the case where a comparable benefit is received in another State
References for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Opinion of Advocate General Mazák delivered on 16 February 2012
ECLI:EU:C:2012:93 |
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Judgment of the Court (Grand Chamber), 12 June 2012
ECLI:EU:C:2012:339 |
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Case C-542/09 Commission v Netherlands
Failure of a Member State to fulfil its obligations — Freedom of movement for persons — Access to education for migrant workers and their family members — Funding for higher educational studies pursued outside the territory of the Member State concerned — Residence requirement
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 16 February 2012
ECLI:EU:C:2012:79 |
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Judgment of the Court (Second Chamber), 14 June 2012
ECLI:EU:C:2012:346 |
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Case C-533/10 CIVAD v Receveur des douanes de Roubaix and Others
Community Customs Code — Article 236(2) — Repayment of duties not legally owed — Time limit — Regulation (EC) No 2398/97 — Definitive anti-dumping duty on imports of cotton-type bed linen originating in Egypt, India and Pakistan — Regulation (EC) No 1515/2001 — Repayment of anti-dumping duties paid pursuant to a regulation subsequently declared invalid — Concept of ‘force majeure’ — Time at which the obligation to repay import duties arises
Reference for a preliminary ruling from the tribunal d’instance de Roubaix
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 8 December 2011
ECLI:EU:C:2011:819 |
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Judgment of the Court (Third Chamber), 14 June 2012
ECLI:EU:C:2012:347 |
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Case C‑606/10 ANAFE v Ministre de l'Intérieur, de l'Outre-mer, des Collectivités territoriales et de l'Immigration
Regulation (EC) No 562/2006 — Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Article 13 — Third-country nationals holding a temporary residence permit — National legislation banning the re-entry of those nationals into the territory of the Member State which issued the temporary residence permit in the absence of a re-entry visa — Meaning of ‘re-entry visa’ — Earlier administrative practice authorising re‑entry without re-entry visa — Need for transitional measures — Absence
Reference for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Trstenjak delivered on 29 November 2011
ECLI:EU:C:2011:789 |
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Judgment of the Court (Second Chamber), 14 June 2012
ECLI:EU:C:2012:348 |
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Case C‑618/10 Banco Español de Crédito v Calderón Camino
Directive 93/13/EEC — Consumer contracts — Unfair term concerning interest on late payments — Order for payment procedure — Powers of the national court
Reference for a preliminary ruling from the Audiencia Provincial de Barcelona
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Trstenjak delivered on 14 February 2012
ECLI:EU:C:2012:74 |
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Judgment of the Court (First Chamber), 14 June 2012
ECLI:EU:C:2012:349 |
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Case C-158/11 Auto 24 v Jaguar Land Rover France
Competition — Article 101 TFEU — Motor vehicle sector — Regulation (EC) No 1400/2002 — Block exemption — Selective distribution system — Concept of ‘specified criteria’ concerning a quantitative selective distribution system — Refusal to grant authorisation as a distributor of new motor vehicles — Lack of precise, objective, proportionate and non-discriminatory quantitative selection criteria
Reference for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Judgment of the Court (Second Chamber), 14 June 2012
ECLI:EU:C:2012:351 |
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Case C-307/10 Chartered Institute of Patent Attorneys v Registrar of Trade Marks
Trade marks — Approximation of laws of the Member States — Directive 2008/95/EC — Identification of the goods or services for which the protection of a trade mark is sought — Requirements of clarity and precision — Use of class headings of the Nice Classification for the purposes of the registration of trade marks — Whether permissible — Extent of protection of the trade mark
Reference for a preliminary ruling from the Person Appointed by the Lord Chancellor under Section 76 of The Trade Marks Act 1994, on Appeal from the Registrar of Trade Marks (United Kingdom)
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 29 November 2011
ECLI:EU:C:2011:784 |
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Judgment of the Court (Grand Chamber), 19 June 2012
ECLI:EU:C:2012:361 |
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Case C-452/10 P BNP Paribas and BNL v Commission
Appeal — State aid — Scheme for the realignment of the value of assets for tax purposes — Banking sector — Taxation of capital gains — Substitute tax — Selectivity
Language of the case: Italian
| Summary |
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Judgment of the Court (Second Chamber), 21 June 2012
ECLI:EU:C:2012:366 |
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Case C-514/10 Wolf Naturprodukte v SEWAR
Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Temporal scope — Enforcement of a judgment delivered before the State of enforcement acceded to the European Union
Reference for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 2 February 2012
ECLI:EU:C:2012:54 |
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Judgment of the Court (Third Chamber), 21 June 2012
ECLI:EU:C:2012:367 |
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Case C-5/11 Criminal proceedings against Titus Alexander Jochen Donner
Free movement of goods — Industrial and commercial property — Sale of copies of works in a Member State in which the copyright on those works is not protected — Transport of those goods to another Member State in which the infringement of the copyright is sanctioned under criminal law — Criminal proceedings against the transporter for aiding and abetting the unlawful distribution of a work protected by copyright law
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 29 March 2012
ECLI:EU:C:2012:195 |
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Judgment of the Court (Fourth Chamber), 21 June 2012
ECLI:EU:C:2012:370 |
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Case C‑15/11 Sommer v Landesgeschäftsstelle des Arbeitsmarktservice Wien
Accession of new Member States — Republic of Bulgaria — Member State legislation making the grant of a work permit to Bulgarian nationals subject to an examination of the situation of the labour market — Directive 2004/114/EC — Conditions of admission of third‑country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service
Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria)
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 1 March 2012
ECLI:EU:C:2012:116 |
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Judgment of the Court (Fourth Chamber), 21 June 2012
ECLI:EU:C:2012:371 |
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Case C-78/11 Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA) and Others
Directive 2003/88/EC — Organisation of working time — Entitlement to paid annual leave — Sick leave — Annual leave coinciding with sick leave — Entitlement to take paid annual leave at another time
Reference for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Judgment of the Court (Fifth Chamber), 21 June 2012
ECLI:EU:C:2012:372 |
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Joined Cases C-80/11 and C-142/11 Mahagében and Dávid v Nemzeti Adó- és Vámhivatal Dél-dunántúli Regionális Adó Főigazgatósága and Nemzeti Adó- és Vámhivatal Észak-alföldi Regionális Adó Főigazgatósága
Taxation — VAT — Sixth Directive — Directive 2006/112/EC — Right to deduct — Conditions governing the exercise of that right — Article 273 — National measures to combat fraud — Practice of the national tax authorities — Refusal of the right to deduct in the event of improper conduct on the part of the issuer of the invoice relating to the goods or services in respect of which the exercise of that right is sought — Burden of proof — Obligation of the taxable person to satisfy himself as to the propriety of the conduct of the issuer of that invoice and to provide proof thereof
References for a preliminary ruling from the Baranya Megyei Bíróság and the Jász-Nagykun-Szolnok Megyei Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Third Chamber), 21 June 2012
ECLI:EU:C:2012:373 |
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Case C-84/11 Marja-Liisa Susisalo and Others
Article 49 TFEU — Freedom of establishment — Public health — Pharmacies — National licensing scheme for the operation of pharmacies — Establishment of branch pharmacies — Conditions which differ according to whether the pharmacy is a private pharmacy or a University of Helsinki pharmacy — University of Helsinki Pharmacy having specific tasks in connection with pharmacy teaching and pharmaceutical services
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Judgment of the Court (Third Chamber), 21 June 2012
ECLI:EU:C:2012:374 |
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Case C-135/11 P IFAW Internationaler Tierschutz-Fonds v Commission
Appeals — Public access to documents of the institutions — Regulation (EC) No 1049/2011 — Article 4(5) — Scope — Documents originating from a Member State — Objection by the Member State to disclosure of the documents — Extent of review by the institution and the European Union judicature of the Member State’s reasons for objecting — Production of the document to the European Union judicature
Language of the case: English
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 1 March 2012
ECLI:EU:C:2012:118 |
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Judgment of the Court (Third Chamber), 21 June 2012
ECLI:EU:C:2012:376 |
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Case C-177/11 Syllogos Ellinon Poleodomon kai Khorotakton v Ipourgos Perivallontos, Khorotaxias & Dimosion Ergon and Others
Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Article 3(2)(b) — Margin of discretion of the Member States
Reference for a preliminary ruling from the Simvoulio tis Epikrateias
Language of the case: Greek
| Summary |
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Judgment of the Court (Eighth Chamber), 21 June 2012
ECLI:EU:C:2012:378 |
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Case C-294/11 Ministero dell'Economia e delle Finanze and Agenzia delle Entrate v Elsacom
Eighth VAT Directive — Arrangements for the refund of VAT to taxable persons not established in the territory of the country — Time limit within which refund applications are to be submitted — Time bar
Reference for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Judgment of the Court (Fifth Chamber), 21 June 2012
ECLI:EU:C:2012:382 |
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Case C-335/09 P Poland v Commission
Appeal — Common organisation of the markets — Transitional measures adopted because of the accession of new Member States — Regulation (EC) No 1972/2003 laying down measures in respect of trade in agricultural products — Action for annulment — Period within which an action must be brought — Point from which that period starts to run — Lateness — Inadmissibility — Amendment of a provision of that regulation — Recommencement of period within which an action must be brought — Partial admissibility — Grounds of appeal — Infringement of the principles underlying a community based on the rule of law and of the principle of effective judicial protection — Infringement of the principles of free movement of goods and of non-discrimination on grounds of nationality — Infringement of the principles of proportionality and protection of legitimate expectations — Infringement of the hierarchy of norms — Infringement of Article 41 of the 2003 Act of Accession — Erroneous interpretation of Article 3 of Regulation (EC) No 1972/2003 — Infringement of duty to state reasons
Language of the case: Polish
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 1 March 2012
ECLI:EU:C:2012:106 |
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Judgment of the Court (Grand Chamber), 26 June 2012
ECLI:EU:C:2012:385 |
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Case C-336/09 P Poland v Commission
Appeal — Common organisation of the markets — Transitional measures adopted because of the accession of new Member States — Regulation (EC) No 60/2004 laying down transitional measures in the sugar sector — Action for annulment — Period within which an action must be brought — Point from which that period starts to run — Lateness — Inadmissibility — Grounds of appeal — Infringement of the principles underlying a community based on the rule of law and of the principle of effective judicial protection
Language of the case: Polish
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 21 December 2011
ECLI:EU:C:2011:860 |
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Judgment of the Court (Grand Chamber), 26 June 2012
ECLI:EU:C:2012:386 |
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Case C-404/10 P Commission v Éditions Odile Jacob
Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Documents relating to merger control proceedings — Regulations (EEC) No 4064/89 and (EC) No 139/2004 — Refusal to grant access — Exceptions relating to the protection of investigations, commercial interests, legal advice and the decision-making process of the institutions — Duty of the institution concerned to carry out a concrete, individual examination of the content of the documents covered by the application for access
Language of the case: French
| Summary |
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Judgment of the Court (Third Chamber), 28 June 2012
ECLI:EU:C:2012:393 |
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Case C-477/10 P Commission v Agrofert Holding
Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Documents relating to merger control proceedings — Regulation (EC) No 139/2004 — Refusal of access — Exceptions relating to the protection of the purpose of investigations, commercial interests, legal advice and the decision‑making process of the institutions
Language of the case: English
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 8 December 2011
ECLI:EU:C:2011:817 |
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Judgment of the Court (Third Chamber), 28 June 2012
ECLI:EU:C:2012:394 |
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Case C-7/11 Fabio Caronna
Medicinal products for human use — Directive 2001/83/EC – Article 77 — Wholesale distribution of medicines — Mandatory special authorisation for pharmacists — Conditions for granting
Reference for a preliminary ruling from the Tribunale di Palermo
Language of the case: Italian
| Summary |
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Judgment of the Court (Second Chamber), 28 June 2012
ECLI:EU:C:2012:396 |
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Case C-19/11 Geltl v Daimler
Directives 2003/6/EC and 2003/124/EC — Inside information — Notion of ‘precise information’ — Intermediate steps in a protracted process — Reference to circumstances or an event which may reasonably be expected to come into existence or occur — Interpretation of the wording ‘may reasonably be expected’ — Public disclosure of information relating to change of a manager of a company
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 21 March 2012
ECLI:EU:C:2012:153 |
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Judgment of the Court (Second Chamber), 28 June 2012
ECLI:EU:C:2012:397 |
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Case C-172/11 Erny v Daimler
Freedom of movement for workers — Article 45 TFEU — Regulation (EEC) No 1612/68 — Article 7(4) — Principle of non-discrimination — Top-up amount on wages paid to workers placed on a scheme of part-time work prior to retirement — Cross-border workers subject to income tax in the Member State of residence — Notional taking into account of the tax on wages of the Member State of employment
Reference for a preliminary ruling from the Arbeitsgericht Ludwigshafen am Rhein
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber), 28 June 2012
ECLI:EU:C:2012:399 |
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Case C-192/12 PPU West v Virallinen syyttäjä
Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and surrender procedures between Member States — European arrest warrant issued for the purposes of execution of a custodial sentence — Article 28 — Subsequent surrender — ‘Chain’ of European arrest warrants — Execution of a third European arrest warrant in respect of the same person — Concept of ‘executing Member State’ — Consent to surrender — Urgent preliminary ruling procedure
Reference for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
| Summary |
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View of Advocate General Cruz Villalón delivered on 6 June 2012
ECLI:EU:C:2012:322 |
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Judgment of the Court (Second Chamber), 28 June 2012
ECLI:EU:C:2012:404 |
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Information (on unpublished decisions)
Case C‑21/11 Volturno Trasporti v Camera di Commercio di Benevento and Equitalia Polis
Reference for a preliminary ruling — Manifest inadmissibility
Case C-589/11 P(I) Schenker v Air France and Commission
Appeals — Intervention — Interest in the result of the case
Case C-590/11 P(I) Schenker v Air France-KLM and Commission
Appeals — Intervention — Interest in the result of the case
Case C-596/11 P(I) Schenker v Koninklijke Luchtvaart Maatschappij and Commission
Appeals — Intervention — Interest in the result of the case
Case C-598/11 P(I) Schenker v Cathay Pacific Airways and Commission
Appeals — Intervention — Interest in the result of the case
Case C-600/11 P(I) Schenker v Lan Airlines and Lan Cargo
Appeals — Intervention — Interest in the result of the case
Case C-602/11 P(I) Schenker v Deutsche Lufthansa and Others
Appeals — Intervention — Interest in the result of the case
Case C-156/12 GREP v Freitstaat Bayern
First subparagraph of Article 104(3) of the Rules of Procedure — Charter of Fundamental Rights of the European Union — Articles 47 and 51(1) — Implementation of European Union law — Action against a decision holding that a ruling delivered in another Member State ordering enforcement procedures was enforceable — Effective judicial protection — Right of access to courts — Legal aid — National legislation refusing legal aid to legal persons
Case C-355/11 Brouwer v Staatssecretaris van Economische Zaken, Landbouw en Innovatie
Directive 91/629/EEC — Minimum standards for the protection of calves — Regulation (EC) No 1782/2003 — Common rules for direct support schemes under the common agricultural policy — National legislation transposing Directive 91/629/EEC and declaring the management requirements provided for by that directive to be applicable to, inter alia, calves which are kept confined in the context of a dairy farming operation
Case C‑644/11 P(R) Qualitest FZE v Council
Appeals — Application for interim measures — Application for interim measures — Restrictive measures adopted against the Islamic Republic of Iran — Addition of the applicant’s name to the list of persons and entities to which the freezing of funds and economic resources applies — Lack of urgency
Case C-493/11 P United Technologies v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Market for the installation and maintenance of elevators and escalators — Fines — Parent company and subsidiaries — Imputability of the unlawful conduct
Case C‑494/11 P Otis Luxembourg and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Market for the installation and maintenance of elevators and escalators — Fines — Parent company and subsidiaries — Imputability of the unlawful conduct
Case C‑38/11 Amorim Energia v Ministério das Finanças e da Administração Pública
The first subparagraph of Article 104(3) of the Rules of Procedure — Articles 49 TFEU and 54 TFEU — Articles 63 TFEU and 65 TFEU — Directive 90/435/EEC — Article 3(2) — Tax legislation — Corporation tax — Taxation of dividends — Withholding tax — Exemption — Minimum holding in the company distributing dividends — Conditions — Minimum period of uninterrupted share ownership –Conditions — Resident and non-resident recipient companies — Different treatment
Case C-223/11 Commission v Portugal
Failure of a Member State to fulfil obligations — Environment — Directive 2000/60/EC — European Union water policy — River basin district management plans — Publication and notification to the Commission — None — Information and consultation of the public on the envisaged management plans — None
Case C-491/11 P Fuchshuber Agrarhandel v Commission
Appeal — Common Agricultural Policy — Purchase of maize from the Hungarian intervention agency — Insufficient stocks — Alleged failure by the Commission in its obligation to conduct checks — Non-contractual liability
Case C-485/10 Commission v Greece
Failure of a Member State to fulfil obligations — State aid — Aid granted to Ellinika Nafpigeia AE — Incompatibility with the common market — Recovery — Non-execution
Case C-306/11 P XXXLutz Marken v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Figurative mark Linea Natura Natur hat immer Stil — Opposition by the proprietor of the Community figurative mark natura selection — Relative grounds for refusal — Likelihood of confusion
Case C-599/11 P TofuTown.com v Meica and OHIM
Appeal — Article 119 of the Rules of Procedure — Community trade mark — Application for registration of the word sign ‘TOFUKING’ — Opposition by the proprietor of the trade mark Curry King — Regulation (EC) No 207/2009 — Article 8(1)(b) — Likelihood of confusion — Degree of similarity
July 2012
Case C‑128/11 UsedSoft v Oracle International
Legal protection of computer programs — Marketing of used licences for computer programs downloaded from the internet — Directive 2009/24/EC — Articles 4(2) and 5(1) — Exhaustion of the distribution right — Concept of lawful acquirer
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 24 April 2012
ECLI:EU:C:2012:234 |
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Judgment of the Court (Grand Chamber), 3 July 2012
ECLI:EU:C:2012:407 |
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Case C‑318/10 SIAT v État belge
Freedom to provide services — Tax legislation — Deduction as business expenses of expenses incurred as payment for the provision of services — Expenses incurred in relation to a service provider established in another Member State in which that provider is not subject to tax on income or is subject there to a tax regime which is appreciably more advantageous — Deductibility conditional upon the provision of proof of the genuine and proper nature of the services and the normal nature of the related payments — Obstacle — Justification — Combating tax evasion and avoidance — Effectiveness of fiscal supervision — Balanced allocation between Member States of the power to impose taxes — Proportionality
Reference for a preliminary ruling from the Cour de cassation (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 29 September 2011
ECLI:EU:C:2011:624 |
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Judgment of the Court (First Chamber), 5 July 2012
ECLI:EU:C:2012:415 |
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Case C‑509/10 Geistbeck and Geistbeck v Saatgut-Treuhandverwaltung
Intellectual and industrial property — Community plant variety rights — Regulation (EC) No 2100/94 — ‘Farmer’s privilege’ — Concept of ‘reasonable compensation’ — Compensation for damage suffered — Infringement
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 29 March 2012
ECLI:EU:C:2012:187 |
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Judgment of the Court (First Chamber), 5 July 2012
ECLI:EU:C:2012:416 |
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Case C‑527/10 ERSTE Bank Hungary v Magyar Állam and Others
Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 5(1) — Temporal application — Action in rem brought in a non-EU Member State — Insolvency proceedings opened against the debtor in another Member State — First State which has become a member of the European Union — Whether applicable
Reference for a preliminary ruling from the Legfelsőbb Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Mazák delivered on 26 January 2012
ECLI:EU:C:2012:37 |
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Judgment of the Court (First Chamber), 5 July 2012
ECLI:EU:C:2012:417 |
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Case C-558/10 Bourgès-Maunoury and Heintz v Direction des services fiscaux d'Eure et Loir
Privileges and immunities of the European Communities – Exemption from national taxes on salaries paid by the European Union – Inclusion of income paid by the European Union in the calculation of the cap for wealth tax
Reference for a preliminary ruling from the tribunal de grande instance de Chartres
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 16 February 2012
ECLI:EU:C:2012:91 |
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Judgment of the Court (Third Chamber), 5 July 2012
ECLI:EU:C:2012:418 |
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Case C‑49/11 Content Services v Bundesarbeitskammer
Reference for a preliminary ruling — Directive 97/7/EC — Consumer protection — Distance contracts — Consumer information — Information given or received — Durable medium — Meaning — Hyperlink on the website of the supplier — Right of withdrawal
Reference for a preliminary ruling from the Oberlandesgericht Wien
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 6 March 2012
ECLI:EU:C:2012:126 |
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Judgment of the Court (Third Chamber), 5 July 2012
ECLI:EU:C:2012:419 |
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Case C‑141/11 Hörnfeldt v Posten Meddelande
Equal treatment in employment and occupation — Prohibition of discrimination on grounds of age — National legislation conferring on employees an unconditional right to work until the age of 67 and providing for automatic termination of the employment relationship at the end of the month in which the employee reaches that age — Account not taken of the amount of the retirement pension
Reference for a preliminary ruling from the Södertörns tingsrätt
Language of the case: Swedish
| Summary |
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Judgment of the Court (Second Chamber), 5 July 2012
ECLI:EU:C:2012:421 |
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Case C‑259/11 DTZ Zadelhoff vof v Staatssecretaris van Financiën
Sixth VAT Directive — Articles 5(3)(c) and 13B(d)(5) — Negotiation of a transaction involving the transfer of company shares — Transaction which also entails the transfer of the ownership of immovable property held by such companies — Exemption
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Sixth Chamber), 5 July 2012
ECLI:EU:C:2012:423 |
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Case C‑269/09 Commission v Spain
Failure of a Member State to fulfil obligations — Articles 18 EC, 39 EC and 43 EC — Articles 28 and 31 of the EEA Agreement — Tax legislation — Transfer abroad of a taxpayer’s residence — Obligation to include any income not yet charged to tax in the tax base for the preceding tax year — Loss of the advantage to be gained by deferring the tax debt
Language of the case: Spanish
| Summary |
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Judgment of the Court (First Chamber), 12 July 2012
ECLI:EU:C:2012:439 |
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Case C‑378/10 Application to register a company made by VALE Építési kft
Articles 49 TFEU and 54 TFEU — Freedom of establishment — Principles of equivalence and effectiveness — Cross-border conversion — Refusal to add to register
Reference for a preliminary ruling from the Legfelsőbb Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Jääskinen delivered on 15 December 2011
ECLI:EU:C:2011:841 |
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Judgment of the Court (Third Chamber), 12 July 2012
ECLI:EU:C:2012:440 |
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Case C‑562/10 Commission v Germany
Action for failure to fulfil obligations — Article 56 TFEU — German legislation regarding care insurance — Benefits in kind for assistance at home are unavailable where the person reliant on care is staying in another Member State — Lower level of exportable cash benefits — Failure to reimburse hire costs of care equipment in other Member States
Language of the case: German
| Summary |
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Opinion of Advocate General Trstenjak delivered on 18 April 2012
ECLI:EU:C:2012:210 |
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Judgment of the Court (Second Chamber), 12 July 2012
ECLI:EU:C:2012:442 |
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Case C‑602/10 SC Volksbank România v Autoritatea Naţională pentru Protecţia Consumatorilor CJPC
Consumer protection — Credit agreements for consumers — Directive 2008/48/EC — Articles 22, 24 and 30 — National legislation designed to transpose that directive — Applicability to agreements not included in the material and temporal scope of the directive — Obligations not provided for by the directive — Limitation on the bank charges capable of being levied by the creditor — Articles 56 TFEU, 58 TFEU and 63 TFEU — Obligation to put in place, in national law, adequate and effective out-of-court dispute resolution procedures
Reference for a preliminary ruling from the Judecătoria Călăraşi
Language of the case: Romanian
| Summary |
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Judgment of the Court (Fourth Chamber), 12 July 2012
ECLI:EU:C:2012:443 |
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Joined Cases C‑608/10, C‑10/11, C‑23/11 Südzucker and Others v Hauptzollamt Hamburg-Jonas
Agriculture — Export refunds — Incorrect indication of the exporter in the export declaration — National legislation making entitlement to an export refund subject to the entry of the applicant as the exporter in the export declaration — Correction of the export declaration after the goods have been released
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber), 12 July 2012
ECLI:EU:C:2012:444 |
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Case C‑616/10 Solvay v Honeywell Fluorine Products Europe and Others
Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of judgments — Regulation (EC) No 44/2001 — Action for infringement of a European patent — Special and exclusive jurisdiction — Article 6(1) — More than one defendant — Article 22(4) — Validity of the patent called into question — Article 31 — Provisional, including protective, measures
Reference for a preliminary ruling from the Rechtbank ’s‑Gravenhage
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 29 March 2012
ECLI:EU:C:2012:193 |
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Judgment of the Court (Third Chamber), 12 July 2012
ECLI:EU:C:2012:445 |
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Joined Cases C‑55/11, C‑57/11 and C‑58/11 Vodafone España SA v Ayuntamiento de Santa Amalia (C-55/11), Ayuntamiento de Tudela (C-57/11), and France Telecom España SA v Ayuntamiento de Torremayor (C-58/11)
Directive 2002/20/EC — Electronic communications networks and services — Authorisation — Article 13 — Fees for rights of use and rights to install facilities
Reference for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Sharpston delivered on 22 March 2012
ECLI:EU:C:2012:162 |
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Judgment of the Court (Fourth Chamber), 12 July 2012
ECLI:EU:C:2012:446 |
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Case C‑59/11 Association Kokopelli v Graines Baumaux
Agriculture — Directives 98/95/EC, 2002/53/EC, 2002/55/EC and 2009/145/EC — Validity — Vegetables — Sale on the national seed market of vegetable seed not included in the official common catalogue of varieties of vegetable species — Non-compliance with system of prior authorisation for marketing — International Treaty on Plant Genetic Resources for Food and Agriculture — Principle of proportionality — Freedom to conduct a business — Free movement of goods — Equal treatment
Reference for a preliminary ruling from the Cour d’appel de Nancy
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 19 January 2012
ECLI:EU:C:2012:28 |
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Judgment of the Court (Third Chamber), 12 July 2012
ECLI:EU:C:2012:447 |
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Case C‑79/11 Procura della Repubblica v Giovanardi and Others
Police and judicial cooperation in criminal matters — Framework Decision 2001/220/JHA — Standing of victims in criminal proceedings — Directive 2004/80/EC — Compensation to victims of crime — Liability of a legal person — Compensation in criminal proceedings
Reference for a preliminary ruling from the judge in charge of preliminary investigations at the Tribunale di Firenze
Language of the case: Italian
| Summary |
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Opinion of Advocate General Sharpston delivered on 15 May 2012
ECLI:EU:C:2012:297 |
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Judgment of the Court (Second Chamber), 12 July 2012
ECLI:EU:C:2012:448 |
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Case C‑138/11 Compass-Datenbank v Republik Österreich
Competition — Article 102 TFEU — Concept of ‘undertaking’ — Data of the companies register stored in a database — Activity of collection and making available of that data in return for remuneration — Refusal by the public authorities to authorise re-utilisation of that data — ‘Sui generis’ right provided for in Article 7 of Directive 96/9/EC
Reference for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 26 April 2012
ECLI:EU:C:2012:251 |
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Judgment of the Court (Third Chamber), 12 July 2012
ECLI:EU:C:2012:449 |
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Case C‑146/11 Pimix v Maksu- ja Tolliameti Lõuna maksu- ja tollikeskus and Põllumajandusministeerium
Accession of new Member States — Setting the charge on surplus stocks of agricultural products — Reference, in a provision of national law, to a provision of a European Union regulation not duly published in the Official Journal of the European Union in the language of the Member State in question
Reference for a preliminary ruling from the Riigikohus (Estonia)
Language of the case: Estonian
| Summary |
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Judgment of the Court (Second Chamber), 12 July 2012
ECLI:EU:C:2012:450 |
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Case C‑171/11 FRA.BO v DVGW
Free movement of goods — Measures having equivalent effect to a quantitative restriction — National certification procedure — Presumption of compliance with national law — Applicability of Article 28 EC to a private-law certification body
Reference for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Trstenjak delivered on 28 March 2012
ECLI:EU:C:2012:176 |
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Judgment of the Court (Fourth Chamber), 12 July 2012
ECLI:EU:C:2012:453 |
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Case C‑176/11 HIT hoteli, igralnice, turizem dd Nova Gorica and HIT LARIX, prirejanje posebnih iger na srečo in turizem dd v Bundesminister für Finanzen
Article 56 TFEU — Restriction on the freedom to provide services — Games of chance — Legislation of a Member State prohibiting the advertising of casinos located in other States if the level of legal protection for gamblers in those States is not equivalent to that ensured at national level — Justification — Overriding reasons in the public interest — Proportionality
Reference for a preliminary ruling from the Verwaltungsgerichtshof (Austria)
Language of the case: German
| Summary |
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Opinion of Advocate General Mazák delivered on 17 April 2012
ECLI:EU:C:2012:208 |
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Judgment of the Court (Fourth Chamber), 12 July 2012
ECLI:EU:C:2012:454 |
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Case C‑284/11 EMS-Bulgaria Transport v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
VAT — Directive 2006/112/ EC — Right to deduct — Limitation period for the exercise of the right to deduct VAT — Principle of effectiveness — Refusal of the right to deduct VAT — Principle of fiscal neutrality
Reference for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Second Chamber), 12 July 2012
ECLI:EU:C:2012:458 |
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Case C‑291/11 Staatssecretaris van Financiën v TNT Freight Management (Amsterdam) BV
Common Customs Tariff — Combined Nomenclature — Tariff headings 3002 and 3502 — Blood albumin prepared for therapeutic or prophylactic uses — Processing of the product
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Third Chamber), 12 July 2012
ECLI:EU:C:2012:459 |
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Case C-311/11 P Smart Technologies v OHIM
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 7(1)(b) – Word mark WIR MACHEN DAS BESONDERE EINFACH – Mark consisting of an advertising slogan – Distinctive character – Refusal to register
Language of the case: English
| Summary |
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Judgment of the Court (Fifth Chamber), 12 July 2012
ECLI:EU:C:2012:460 |
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Case C‑326/11 J.J. Komen en Zonen Beheer Heerhugowaard BV v Staatssecretaris van Financiën
Sixth VAT Directive — Article 13B(g), read in conjunction with Article 4(3)(a) — Supply of buildings and land upon which they stand — Supply of a building undergoing work with the view to the creation of a new building by transformation — Continuation and completion of the work by the purchaser after the supply — Exemption from VAT
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Fourth Chamber), 12 July 2012
ECLI:EU:C:2012:461 |
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Case C‑466/11 Currà and Others v Bundesrepublik Deutschland
Reference for a preliminary ruling — Article 92(1) of the Rules of Procedure — Action brought by the victims of massacres against a Member State as the party liable for acts committed by its armed forces in wartime — Charter of Fundamental Rights of the European Union — Clear lack of jurisdiction of the Court
Reference for a preliminary ruling from the Tribunale ordinario di Brescia
Language of the case: Italian
| Summary |
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Order of the Court (Third Chamber), 12 July 2012
ECLI:EU:C:2012:465 |
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Case C‑337/09 P Council v Zhejiang Xinan Chemical Industrial Group
Appeal — Commercial policy — Dumping — Imports of glyphosate originating in China — Regulation (EC) No 384/96 — Article 2(7)(b) and (c) — Status of an undertaking operating under market economy conditions — Concept of ‘significant State interference’ within the meaning of the first indent of Article 2(7)(c) — State shareholder controlling de facto the general meeting of the producer’s shareholders — Equating such control to ‘significant interference’ — Assessment of an export contract stamping mechanism — Limits of judicial review — Assessment of the evidence submitted
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 19 January 2012
ECLI:EU:C:2012:22 |
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Judgment of the Court (Grand Chamber), 19 July 2012
ECLI:EU:C:2012:471 |
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Case C‑130/10 Parliament v Council
Common foreign and security policy — Regulation (EU) No 881/2002 — Regulation (EU) No 1286/2009 — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban — Freezing of funds and economic resources — Choice of legal basis — Articles 75 TFEU and 215 TFEU — Entry into force of the Treaty of Lisbon — Transitional provisions — CFSP common positions and decisions — Joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and from the Commission
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 31 January 2012
ECLI:EU:C:2012:50 |
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Judgment of the Court (Grand Chamber), 19 July 2012
ECLI:EU:C:2012:472 |
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Case C‑334/10 X v Staatssecretaris van Financiën
Sixth VAT Directive — Article 6(2), first subparagraph, (a) and (b), Article 11A(1)(c) and Article 17(2) — Part of a capital item forming part of the assets of a business — Temporary use for private purposes — Permanent alterations to that item — Payment of VAT in respect of the permanent alterations — Right to deduct
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 1 March 2012
ECLI:EU:C:2012:108 |
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Judgment of the Court (First Chamber), 19 July 2012
ECLI:EU:C:2012:473 |
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Case C-522/10 Reichel-Albert v Deutsche Rentenversicherung Nordbayern
Social security for migrant workers – Regulation (EC) No 987/2009 – Article 44(2) – Examination of entitlement to old-age pension – Taking into account of child-raising periods completed in another Member State – Applicability – Article 21 TFEU – Free movement of citizens
Reference for a preliminary ruling from the Sozialgericht Würzburg
Language of the case: German
| Summary |
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Opinion of the Advocate General Jääskinen delivered on 1 March 2012
ECLI:EU:C:2012:114 |
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Judgment of the Court (Third Chamber), 19 July 2012
ECLI:EU:C:2012:475 |
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Case C‑591/10 Littlewoods Retail and Others v Her Majesty's Commissioners of Revenue and Customs
Second and Sixth VAT Directives — Input tax — Refund of excess — Payment of interest — Procedures
Reference for a preliminary ruling from the High Court of Justice (England & Wales), Chancery Division
Language of the case: English
| Summary |
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Opinion of Advocate General Trstenjak delivered on 12 January 2012
ECLI:EU:C:2012:9 |
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Judgment of the Court (Grand Chamber), 19 July 2012
ECLI:EU:C:2012:478 |
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Joined Cases C‑628/10 P and C‑14/11 P Alliance One International and Standard Commercial Tobacco v Commission and Commission v Alliance One International and Others
Appeal — Competition — Agreements, decisions and concerted practices — Spanish market for the purchase and first processing of raw tobacco — Price-fixing and market-sharing — Infringement of Article 81 EC — Attributability of unlawful conduct of subsidiaries to their parent companies — Presumption of innocence — Rights of the defence — Obligation to state the reasons on which the decision is based — Equal treatment
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 12 January 2012
ECLI:EU:C:2012:11 |
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Judgment of the Court (Grand Chamber), 19 July 2012
ECLI:EU:C:2012:479 |
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Case C‑31/11 Scheunemann v Finanzamt Bremerhaven and Finanzamt Bremen-Mitte
Freedom of establishment — Free movement of capital — Direct taxation — Inheritance tax — Conditions for the calculation of the tax — Acquisition through inheritance of a shareholding, as sole shareholder, in a capital company established in a third country — National legislation excluding shareholdings in such companies from tax advantages
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Trstenjak delivered on 20 March 2012
ECLI:EU:C:2012:150 |
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Judgment of the Court (Second Chamber), 19 July 2012
ECLI:EU:C:2012:481 |
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Case C‑33/11 A Oy
Sixth Directive — Exemptions — Article 15(6) — Exemption for the supply of aircraft used by airlines operating for reward chiefly on international routes — Supply of aircraft to an operator who makes them available to such an undertaking — Concept of ‘operating for reward on international routes’ — Charter flights
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 26 April 2012
ECLI:EU:C:2012:249 |
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Judgment of the Court (Fourth Chamber), 19 July 2012
ECLI:EU:C:2012:482 |
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Case C‑44/11 Finanzamt Frankfurt am Main V-Höchst v Deutsche Bank
Directive 2006/112/EC — Article 56(1)(e) — Article 135(1)(f) and (g) — Exemption for transactions relating to the management of securities-based assets (portfolio management)
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 8 May 2012
ECLI:EU:C:2012:276 |
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Judgment of the Court (Second Chamber), 19 July 2012
ECLI:EU:C:2012:484 |
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Case C-48/11 Veronsaajien oikeudenvalvontayksikkö v A Oy
Direct taxation — Freedom of establishment — Free movement of capital — EEA Agreement — Articles 31 and 40 — Directive 2009/133/EC — Scope — Exchange of shares between a company established in a Member State and a company established in a third State party to the EEA Agreement — Refusal of a tax advantage — Agreement on mutual administrative assistance in the field of taxation
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Judgment of the Court (Third Chamber), 19 July 2012
ECLI:EU:C:2012:485 |
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Case C-62/11 Land Hessen v Feyerbacher
Protocol on the Statute of the European System of Central Banks and of the ECB — Article 36 — Protocol on the Privileges and Immunities of the European Communities — Articles 13, 15 and 23 — ECB Headquarters Agreement — Article 15 — Applicability to ECB staff of the provisions of German social welfare law providing for a parental allowance
Reference for a preliminary ruling from the Hessisches Landessozialgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 24 May 2012
ECLI:EU:C:2012:305 |
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Judgment of the Court (Grand Chamber), 19 July 2012
ECLI:EU:C:2012:486 |
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Case C‑112/11 ebookers.com Deutschland v Verbraucherzentrale Bundesverband
Transport — Air transport — Common rules for the operation of air services in the European Union — Regulation (EC) No 1008/2008 — Obligation on the person selling air travel to ensure that the customer’s acceptance of optional price supplements is on an opt-in basis — Concept of ‘optional price supplements’ — Price of flight cancellation insurance provided by an independent insurance company and forming part of the overall price
Reference for a preliminary ruling from the Oberlandesgericht Köln
Language of the case: German
| Summary |
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Opinion of Advocate General Mazák delivered on 1 March 2012
ECLI:EU:C:2012:117 |
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Judgment of the Court (Third Chamber), 19 July 2012
ECLI:EU:C:2012:487 |
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Case C‑130/11 Neurim Pharmaceuticals (1991) v Comptroller General of Patents
Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Article 3 — Conditions for obtaining a supplementary protection certificate — Medicinal product having obtained a valid marketing authorisation — First authorisation — Product successively authorised as a veterinary medicinal product and a human medicinal product
Reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)
Language of the case: English
| Summary |
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Opinion of Advocate General Trstenjak delivered on 3 May 2012
ECLI:EU:C:2012:268 |
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Judgment of the Court (Fourth Chamber), 19 July 2012
ECLI:EU:C:2012:489 |
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Case C‑154/11 Mahamdia v People’s Democratic Republic of Algeria
Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Jurisdiction over individual contracts of employment — Contract with an embassy of a third State — Immunity of the employing State — Concept of branch, agency or other establishment within the meaning of Article 18(2) — Compatibility with Article 21 of an agreement conferring jurisdiction on the courts of the third State
Reference for a preliminary ruling from the Landesarbeitsgericht Berlin-Brandenburg
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 24 May 2012
ECLI:EU:C:2012:309 |
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Judgment of the Court (Grand Chamber), 19 July 2012
ECLI:EU:C:2012:491 |
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Case C‑160/11 Bawaria Motors v Minister Finansów
Directive 2006/112/EC — VAT — Article 136 — Exemptions — Articles 313 to 315 — Special margin scheme — Supply of second-hand vehicles by a taxable dealer — Vehicles previously supplied exempt from VAT to a taxable dealer by another taxable person which had a right of partial deduction of input tax
Reference for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Opinion of Advocate General Mazák delivered on 24 May 2012
ECLI:EU:C:2012:310 |
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Judgment of the Court (Third Chamber), 19 July 2012
ECLI:EU:C:2012:492 |
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Joined Cases C‑213/11, C‑214/11 and C‑217/11 Fortuna and Others v Dyrektor Izby Celnej w Gdyni
Internal market — Directive 98/34/EC — Technical standards and regulations — Procedure for the provision of information in the field of technical standards and regulations — Low-prize gaming machines — Prohibition of the amendment, extension and issue of operating authorisations — Concept of ‘technical regulation’
References for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Gdańsku
Language of the case: Polish
| Summary |
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Judgment of the Court (Third Chamber), 19 July 2012
ECLI:EU:C:2012:495 |
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Case C-250/11 Lietuvos geležinkeliai v Vilniaus teritorinė muitinė and Muitinės departamentas prie Lietuvos Respublikos finansų ministerijos
Relief from customs duties and VAT exemptions on imports of goods — Fuel contained in the standard tanks of land motor vehicles — Notion of ‘motorised road vehicle’ — Locomotives — Road transport and transport by rail — Principle of equal treatment — Principle of neutrality
Reference for a preliminary ruling from the Mokestinių ginčų komisija prie Lietuvos Respublikos vyriausybės
Language of the case: Lithuanian
| Summary |
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Judgment of the Court (Fourth Chamber), 19 July 2012
ECLI:EU:C:2012:496 |
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Case C‑263/11 Rēdlihs v Valsts ieņēmumu dienests
Sixth VAT Directive – Directive 2006/112/EC — Concept of ‘economic activity’ — Supplies of timber in order to alleviate the damage caused by a storm — Reverse charge procedure — Failure to register in the register of taxable persons — Fine — Principle of proportionality
Reference for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
| Summary |
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Judgment of the Court (Second Chamber), 19 July 2012
ECLI:EU:C:2012:497 |
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Case C‑336/11 Receveur principal des douanes and Others v Rohm & Haas Electronic Materials CMP Europe and Others
Common Customs Tariff — Tariff classification — Combined Nomenclature — Polishing pads intended exclusively for semiconductor wafer-polishing machines — Tariff headings 3919 and 8466 (or 8486) — Definition of ‘parts’ or ‘accessories’
Reference for a preliminary ruling from the Cour d’appel de Lyon
Language of the case: French
| Summary |
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Judgment of the Court (Eighth Chamber), 19 July 2012
ECLI:EU:C:2012:500 |
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Case C‑376/11 Pie Optiek v Bureau Gevers and European Registry for Internet Domains
Internet — .eu Top Level Domain — Regulation (EC) No 874/2004 — Domain names — Phased registration — Article 12(2) — Concept of ‘licensees of prior rights’ — Person authorised by the proprietor of a trade mark to register, in his own name but on behalf of that proprietor, a domain name identical or similar to that trade mark — No authorisation for other uses of the sign as a trade mark
Reference for a preliminary ruling from the cour d’appel de Bruxelles
Language of the case: French
| Summary |
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Opinion of Advocate General Trstenjak delivered on 3 May 2012
ECLI:EU:C:2012:272 |
|
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Judgment of the Court (Second Chamber), 19 July 2012
ECLI:EU:C:2012:502 |
|
Case C‑377/11 International Bingo Technology v Tribunal Económico Administrativo Regional de Cataluña
Sixth VAT Directive — Articles 11A(1)(a), 17(5) and 19(1) — Organisation of games of bingo — Legal obligation to use part of the card price to pay winnings to players — Calculation of the basis of assessment
Reference for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña
Language of the case: Spanish
| Summary |
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Judgment of the Court (First Chamber), 19 July 2012
ECLI:EU:C:2012:503 |
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Case C‑451/11 Dülger v Wetteraukreis
EEC-Turkey Association Agreement — Association Council Decision No 1/80 — Article 7, first paragraph — Right of residence of members of the family of a Turkish worker duly registered as belonging to the labour force of a Member State — Thai national who was married to a Turkish worker and lived with him for more than three years
Reference for a preliminary ruling from the Verwaltungsgericht Giessen
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 7 June 2012
ECLI:EU:C:2012:331 |
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Judgment of the Court (Second Chamber), 19 July 2012
ECLI:EU:C:2012:504 |
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Case C‑470/11 Garkalns v Rīgas Dome
Article 49 EC — Restrictions on freedom to provide services — Equal treatment — Obligation of transparency — Betting and gaming — Casinos, amusement arcades and bingo halls — Obligation to obtain the prior agreement of the municipality of the place of establishment — Discretion — Substantial impairment of the interests of the State and of the residents of the administrative area concerned — Justifications — Proportionality
Request for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
| Summary |
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Judgment of the Court (Fourth Chamber), 19 July 2012
ECLI:EU:C:2012:505 |
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Case C‑278/12 PPU Adil v Minister voor Immigratie, Integratie en Asiel
Area of freedom, security and justice − Regulation (EC) No 562/2006 — Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Articles 20 and 21 — Abolition of border control at internal borders — Checks within the territory − Measures having an equivalent effect to border checks − National legislation authorising checks of identity, nationality and residence status by officials responsible for border surveillance and monitoring of foreign nationals in a 20 kilometre area extending from the common border with other State parties to the Convention implementing the Schengen Agreement − Checks intended to combat illegal residence − Legislation laying down certain conditions and guarantees concerning, inter alia, the frequency and intensity of the checks
Reference for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
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View of Advocate General Sharpston delivered on 9 July 2012
ECLI:EU:C:2012:430 |
|
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Judgment of the Court (Second Chamber), 19 July 2012
ECLI:EU:C:2012:508 |
|
Information (on unpublished decisions)
Case C-389/11 P Région Nord-Pas-de-Calais v Commission
Appeal — State aid — Construction of railway equipment — Decisions declaring aid incompatible with the common market and ordering its recovery
Case C‑25/12 P Trevisanato v Commission
Appeal — Article 119 of the Rules of Procedure — Application seeking an order that the Commission take a position concerning the interpretation and the transposition of a directive — Manifest inadmissibility
Case C‑73/12 Procura della Repubblica v Ettaghi
Reference for a preliminary ruling — No description of the dispute in the main proceedings — Manifest inadmissibility
Case C‑74/12 Procura della Repubblica v Tam
Reference for a preliminary ruling — No description of the dispute in the main proceedings — Manifest inadmissibility
Case C‑75/12 Procura della Repubblica v Abdel
Reference for a preliminary ruling — No description of the main proceedings — Manifestly inadmissible
Case C‑467/11 P Audi and Volkswagen v OHIM
Appeal — Community trade mark — Appeal which has become devoid of purpose — No need to adjudicate
Case C‑16/12 Hermes Hitel és Faktor v Nemzeti Földalapkezelő Szervezet
Reference for a preliminary ruling — General principles of European Union law — Forestry Act — Lack of connection to European Union law — Clear lack of jurisdiction of the Court
Case C‑582/11 P Rügen Fisch v OHIM
Appeal — Regulation (EC) No 40/94 — Article 7(1) and (2) — Community trade mark — Word mark SCOMBER MIX — Absolute ground for invalidity — Descriptive character
Case C‑181/11 P Cetarsa v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Spanish market for the purchase and first processing of raw tobacco — Decision finding an infringement of Article 81 EC — Price fixing and market sharing — Fines — Equal treatment — Maximum limit of 10% of turnover — Cooperation — Distortion of evidence — Manifest error of assessment — Failure to state reasons
Case C‑278/11 P Dover v Parliament
Appeal — Rules governing the payment of expenses and allowances to Members of the European Parliament — Review of the use of allowances — Parliamentary assistance allowance — Justification of expenditure — Recovery of undue payments
Case C‑372/11 P Power-One Italy v Commission
Appeal — Non‑contractual liability — Project co‑funded by the financial instrument ‘LIFE’ — Development of a new system of supplying power for use in mobile telephony (‘Pneuma’ project) — Commission decision to end the project and to recover the advance paid — Compensation for the loss allegedly sustained
Case C‑384/11 Tate & Lyle Investments v Belgische Staat
The first subparagraph of Article 104(3) of the Rules of Procedure — Article 63 TFEU — Tax legislation — Payment of dividends — Withholding tax — Prevention or mitigation of a series of charges to tax — Different treatment of resident recipient companies and non‑resident recipient companies
Case C‑407/11 P Government of Gibraltar v Commission
Appeal — Directive 92/43/EEC — Conservation of natural habitats — List of sites of Community importance for the Mediterranean biogeographical region — Inclusion in the list of the site ‘Estrecho oriental’ proposed by the Kingdom of Spain, which is stated to include an area of British Gibraltar territorial waters and an area of the high seas — Action for annulment — Application for partial annulment — Severability — Rights of the defence
Case C‑581/11 P Mugraby v Council and Commission
Appeal — Action for a declaration of failure to act — Infringement of fundamental rights and of the Association Agreement between the European Community and the Republic of Lebanon — Failure of the Council and of the Commission to take measures against the Republic of Lebanon — Action for damages — Appeal manifestly unfounded and manifestly inadmissible
Case C‑608/11 P Land Wien v Commission
Appeal — Nuclear energy — Extension of the nuclear power station at Mochovce (Slovak Republic) — Commission decision to take no further action on complaint — Action for annulment — Refusal by the Commission to send the documents requested — Action for failure to act — Minimum requirements laid down in Article 44(1)(c) of the Rules of Procedure of the General Court — Inadmissibility
Case C‑565/10 Commission v Italy
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Articles 3, 4 and 10 — Collection systems — Secondary or equivalent treatment — Treatment plants — Representative samples
Case C‑145/11 Commission v France
Failure of a Member State to fulfil obligations — Directive 2001/82/EC — Veterinary medicinal products — Decentralised procedure for the grant of marketing authorisation for a veterinary medicinal product in a number of Member States — Generic medicinal products similar to the reference medicinal products already authorised — Refusal to approve request by a Member State — Composition and form of the medicinal product
Case C‑264/11 P Kaimer and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Penalty — Copper and copper alloy fittings sector — Probative value of statements made in the context of the leniency policy
Joined Cases C‑587/11 P‑R and C‑588/11 P‑R Omnicare v OHIM
Interim relief — Appeals — Application for interim measures — Community trade mark
Case C‑110/12 P(R) Akhras v Council
Appeal — Application for interim measures — Restrictive measures against Syria — Freezing of funds and economic resources — Application for suspension of operation of measures and for interim measures — No urgency — No serious and irreparable damage
September 2012
Case C‑355/10 Parliament v Council
Schengen Borders Code — Decision 2010/252/EU — Surveillance of the sea external borders — Introduction of additional rules governing border surveillance — Commission’s implementing powers — Scope — Application for annulment
Language of the case: English
| Summary |
|
|
Opinion of Advocate General Mengozzi delivered on 17 April 2012
ECLI:EU:C:2012:207 |
|
|
Judgment of the Court (Grand Chamber), 5 September 2012
ECLI:EU:C:2012:516 |
|
Case C‑42/11 Proceedings concerning the execution of a European arrest warrant issued against João Pedro Lopes Da Silva Jorge
Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and surrender procedures between Member States — Article 4(6) — Ground for optional non-execution of the European arrest warrant — Implementation in national law — Arrested person is a national of the issuing Member State — European arrest warrant issued for the purposes of enforcing a custodial sentence — Legislation of a Member State restricting the power not to execute the European arrest warrant to cases where the requested persons are nationals of that State
Reference for a preliminary ruling from the cour d’appel d’Amiens
Language of the case: French
| Summary |
|
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Opinion of Advocate General Mengozzi delivered on 20 March 2012
ECLI:EU:C:2012:151 |
|
|
Judgment of the Court (Grand Chamber), 5 September 2012
ECLI:EU:C:2012:517 |
|
Joined Cases C‑71/11 and C‑99/11 Bundesrepublik Deutschland v Y and Z
Directive 2004/83/EC — Minimum standards for determining who qualifies for refugee status or for subsidiary protection status — Article (2)(c) — Classification as a ‘refugee’ — Article 9(1) — Definition of ‘acts of persecution’ — Article 10(1)(b) — Religion as ground for persecution — Connection between the reasons for persecution and the acts of persecution — Pakistani nationals who are members of the Ahmadiyya religious community — Acts by the Pakistani authorities designed to prohibit the manifestation of a person’s religion in public — Acts sufficiently serious for the person concerned to have a well-founded fear of being persecuted on account of his religion — Individual assessment of the facts and circumstances — Article 4
References for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 19 April 2012
ECLI:EU:C:2012:224 |
|
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Judgment of the Court (Grand Chamber), 5 September 2012
ECLI:EU:C:2012:518 |
|
Case C‑83/11 Secretary of State for the Home Department v Rahman and Others
Directive 2004/38/EC — Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States — Article 3(2) — Obligation to facilitate, in accordance with national legislation, entry and residence for ‘any other family members’ who are dependants of a Union citizen
Reference for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber)
Language of the case: English
| Summary |
|
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Opinion of Advocate General Bot delivered on 27 March 2012
ECLI:EU:C:2012:174 |
|
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Judgment of the Court (Grand Chamber), 5 September 2012
ECLI:EU:C:2012:519 |
|
Case C‑38/10 Commission v Portugal
Failure of a Member State to fulfil obligations — Article 49 TFEU — Tax legislation — Transfer of residence for tax purposes — Transfer of assets — Immediate exit tax
Language of the case: Portuguese
| Summary |
|
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Opinion of Advocate General Mengozzi delivered on 28 June 2012
ECLI:EU:C:2012:391 |
|
|
Judgment of the Court (Fourth Chamber), 6 September 2012
ECLI:EU:C:2012:521 |
|
Case C 262/10 Döhler Neuenkirchen v Hauptzollamt Oldenburg
Community Customs Code — Regulation (EEC) No 2913/92 — Article 204(1)(a) — Inward processing procedure — System of suspension — Incurrence of a customs debt — Non-fulfilment of an obligation to supply the bill of discharge within the prescribed period
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
|
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Opinion of Advocate General Jääskinen delivered on 8 March 2012
ECLI:EU:C:2012:128 |
|
|
Judgment of the Court (Third Chamber), 6 September 2012
ECLI:EU:C:2012:559 |
|
Case C‑490/10 Parliament v Council
Action for annulment — Regulation (EU, Euratom) No617/2010 — Notification to the Commission of investment projects in energy infrastructure within the European Union — Choice of legal basis — Article 337 TFEU and Article 187 EA — Article 194 TFEU
Language of the case: French
| Summary |
|
|
Opinion of Advocate General Mengozzi delivered on 18 April 2012
ECLI:EU:C:2012:209 |
|
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Judgment of the Court (Second Chamber), 6 September 2012
ECLI:EU:C:2012:525 |
|
Case C–544/10 Deutsches Weintor v Land Rheinland-Pfalz
Reference for a preliminary ruling — Approximation of laws — Public health — Consumer information and protection — Labelling and presentation of foodstuffs — Concepts of ‘nutrition claims’ and ‘health claims’ — Regulation (EC) No 1924/2006 — Description of a wine as ‘easily digestible’ — Reference to reduced acidity levels — Beverages containing more than 1.2% by volume of alcohol — Prohibition of health claims — Charter of Fundamental Rights of the European Union — Article 15(1) — Freedom to choose an occupation — Article 16 — Freedom to conduct a business — Compatibility
Reference for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
|
|
Opinion of Advocate General Mazák delivered on 29 March 2012
ECLI:EU:C:2012:189 |
|
|
Judgment of the Court (Third Chamber), 6 September 2012
ECLI:EU:C:2012:526 |
|
Case C‑619/10 Trade Agency v Seramico Investments
Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Enforcement — Grounds for challenge — Document instituting proceedings not served on the defendant — Review by the court in which enforcement is sought — Scope — Value of the information in the certificate — Infringement of public policy — Judgment lacking reasoning
Reference for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
| Summary |
|
|
Opinion of Advocate General Kokott delivered on 26 April 2012
ECLI:EU:C:2012:247 |
|
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Judgment of the Court (First Chamber), 6 September 2012
ECLI:EU:C:2012:531 |
|
Case C‑18/11 Commissioners for Her Majesty's Revenue & Customs v Philips Electronics UK
Freedom of establishment – Tax legislation – Corporation tax – Group relief – National legislation excluding the transfer of losses incurred in the national territory by a non-resident branch of a company established in another Member State to a company of the same group established in the national territory
Reference for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
| Summary |
|
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Opinion of Advocate General Kokott, delivered on 19 April 2012
ECLI:EU:C:2012:222 |
|
|
Judgment of the Court (Fourth Chamber), 6 September 2012
ECLI:EU:C:2012:532 |
|
Case C‑28/11 Eurogate Distribution v Hauptzollamt Hamburg-Stadt
Community Customs Code – Regulation (EEC) No 2913/92 – Article 204(1)(a) – Customs warehousing procedure – Customs debt incurred through non-fulfilment of an obligation – Delayed entry in stock records of information concerning the removal of goods from a customs warehouse
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
|
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Opinion of Advocate General Jääskinen delivered on 8 March 2012
ECLI:EU:C:2012:131 |
|
|
Judgment of the Court (Third Chamber), 6 September 2012
ECLI:EU:C:2012:533 |
|
Case C‑36/11 Pioneer Hi Bred Italia v Ministero delle Politiche Agricole, Alimentari e Forestali
Agriculture — Genetically modified organisms — Council Directive 2002/53/EC — Common catalogue of varieties of agricultural plant species — Genetically modified organisms accepted for inclusion in the common catalogue — Regulation (EC) No 1829/2003 — Article 20 — Existing products — Directive 2001/18/EC — Article 26a — Measures to avoid the unintended presence of genetically modified organisms — National measures prohibiting the cultivation of genetically modified organisms accepted for inclusion in the common catalogue and authorised as existing products pending measures based on Article 26a of Directive 2001/18/EC
Reference for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
|
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Opinion of Advocate General Bot delivered on 26 April 2012
ECLI:EU:C:2012:250 |
|
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Judgment of the Court (Fourth Chamber), 6 September 2012
ECLI:EU:C:2012:534 |
|
Joined Cases C‑147/11 and C‑148/11 Secretary of State for Work and Pensions v Czop and Punakova
Regulation (EEC) No 1612/68 — Directive 2004/38/EC — Right of permanent residence — Social assistance benefits — Care of a child — Period of residence completed before the State of origin acceded to the European Union
References for a preliminary ruling from the Upper Tribunal (Administrative Appeals Chamber)
Language of the case: English
| Summary |
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Judgment of the Court (Third Chamber), 6 September 2012
ECLI:EU:C:2012:538 |
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Case C‑150/11 Commission v Belgium
Failure of a Member State to fulfil obligations — Directive 1999/37/EC — Registration documents for vehicles — Vehicles previously registered in another Member State — Change of ownership — Requirement of a roadworthiness test — Requirement of production of a certificate of conformity — Roadworthiness test carried out in another Member State — Non-recognition — Lack of justification
Language of the case: French
| Summary |
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Judgment of the Court (Second Chamber), 6 September 2012
ECLI:EU:C:2012:539 |
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Case C‑170/11 Lippens and Others v Kortekaas and Others
Regulation (EC) No 1206/2001 — Cooperation in the taking of evidence in civil or commercial matters — Matters covered — Hearing by the court of a Member State of a witness who is a party in the main proceedings residing in another Member State — Possibility to summon a party as a witness before the competent court in accordance with the law of its Member State
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Jääskinen delivered on 24May 2012
ECLI:EU:C:2012:311 |
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Judgment of the Court (First Chamber), 6 September 2012
ECLI:EU:C:2012:540 |
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Case C‑190/11 Mühlleitner v Yusufi and Yusufi
Jurisdiction in civil and commercial matters — Jurisdiction over consumer contracts — Regulation (EC) No 44/2001 — Article 15(1)(c) — Possible limitation of that jurisdiction to distance contracts
Reference for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 24 May 2012
ECLI:EU:C:2012:313 |
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Judgment of the Court (Fourth Chamber), 6 September 2012
ECLI:EU:C:2012:542 |
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Case C‑273/11 Mecsek-Gabona v Nemzeti Adó- és Vámhivatal Dél-dunántúli Regionális Adó Főigazgatósága
VAT — Directive 2006/112/EC — Article 138(1) — Conditions of exemption for intra-Community transactions characterised by the obligation on the purchaser to ensure, as from the time of their loading, the transport of the goods of which it disposes as owner — Obligation on the vendor to prove that the goods have physically left the territory of the Member State of supply — Removal from the register, with retroactive effect, of the customer’s VAT identification number
Reference for a preliminary ruling from the Baranya Megyei Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Second Chamber), 6 September 2012
ECLI:EU:C:2012:547 |
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Case C‑308/11 Chemische Fabrik Kreussler v Sunstar Deutschland
Directive 2001/83/EC — Medicinal products for human use — Article 1(2)(b) — Meaning of ‘medicinal product by function’ — Definition of the term ‘pharmacological action’
Reference for a preliminary ruling from the Oberlandesgericht Frankfurt am Main
Language of the case: German
| Summary |
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Judgment of the Court (Fifth Chamber), 6 September 2012
ECLI:EU:C:2012:548 |
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Case C‑324/11 Tóth v Nemzeti Adó- és Vámhivatal Észak-magyarországi Regionális Adó Főigazgatósága
Taxation — VAT — Directive 2006/112/EC — Article 9 — Meaning of taxable person — Right to deduct — Refusal — Principle of tax neutrality — Issuer of the invoice removed from the business register — Issuer of the invoice having failed to declare his employees to the tax authority — Obligation of the taxable person to satisfy himself as to the propriety of the conduct of the issuer of that invoice vis-à-vis the tax authority
Reference for a preliminary ruling from the Legfelsőbb Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Third Chamber), 6 September 2012
ECLI:EU:C:2012:549 |
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Case C‑380/11 DI VI Finanziaria di Diego della Valle & C. SapA v Directeur de l'Administration des contributions en matière d'impôts
Freedom of establishment — Article 49 TFEU — Tax legislation — Capital tax — Conditions for granting a reduction in capital tax — Situation where a company is no longer liable to capital tax following transfer of its seat to another Member State — Restriction — Justification — Overriding reasons in the public interest
Reference for a preliminary ruling from the tribunal administratif (Luxembourg)
Language of the case: French
| Summary |
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Judgment of the Court (Fourth Chamber), 6 September 2012
ECLI:EU:C:2012:552 |
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Joined Cases C‑422/11 P and C‑423/11 P Prezes Urzędu Komunikacji Elektronicznej and Poland v Commission
Appeals — Action for annulment — Inadmissibility of the action — Representation before the Courts of the European Union — Lawyer — Independence
Language of the case: Polish
| Summary |
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Judgment of the Court (Eighth Chamber), 6 September 2012
ECLI:EU:C:2012:553 |
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Case C‑471/11 Cido Grupa v Valsts ieņēmumu dienests
Accession of new Member States — Transitional measures — Agricultural products — Sugar — Regulation (EC) No 60/2004 — Basis of assessment and rate applicable for the charge on surplus stocks
Reference for a preliminary ruling from the Augstākās Tiesas Senāts
Language of the case: Latvian
| Summary |
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Judgment of the Court (Sixth Chamber), 6 September 2012
ECLI:EU:C:2012:555 |
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Case C‑487/11 Treimanis v Valsts ieņēmumu dienests
Regulation (EEC) No 918/83 — Articles 1(2)(c), 2 and 7(1) — Relief from import duties on personal property — The term ‘property intended … for meeting … household needs’ — Motor vehicle imported into the European Union — Vehicle used by a member of the family of the importing owner
Reference for a preliminary ruling from the Administratīvā rajona tiesa
Language of the case: Latvian
| Summary |
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Judgment of the Court (Second Chamber), 6 September 2012
ECLI:EU:C:2012:556 |
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Case C‑496/11 Portugal Telecom v Fazenda Pública
VAT — Sixth Directive — Articles 17(2) and 19 — Deductions — VAT due or paid for services acquired by a holding company — Services having a direct, immediate and unequivocal relationship with taxable output transactions
Reference for a preliminary ruling from theTribunal Central Administrativo Sul
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Sixth Chamber), 6 September 2012
ECLI:EU:C:2012:557 |
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Case C‑524/11 Lowlands Design Holding v Minister van Financiën
Common Customs Tariff — Combined Nomenclature — Tariff classification — Romper bags for babies and young children — Subheadings 6209 20 00 or 6211 42 90
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Sixth Chamber), 6 September 2012
ECLI:EU:C:2012:558 |
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Case C‑43/10 Nomarchiaki Aftodioikisi Aitoloakarnanias and Others v Ipourgos Perivallontos, Chorotaxias kai Dimosion ergon and Others
Reference for a preliminary ruling — Directives 85/337/EEC, 92/43/EEC, 2000/60/EC and 2001/42/EC — Community action in the field of water policy — Diversion of the course of a river — Meaning of the time limit for production of river basin management plans
Reference for a preliminary ruling from the Simvoulio tis Epikratias
Language of the case: Greek
| Summary |
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Opinion of Advocate General Kokott delivered on 13 October 2011
ECLI:EU:C:2011:651 |
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Judgment of the Court (Grand Chamber), 11 September 2012
ECLI:EU:C:2012:560 |
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Joined Cases C‑113/10, C‑147/10 and C‑234/10 Zuckerfabrik Jülich and Others v Hauptzollamt Aachen and Others
Common agricultural policy — Common organisation of the markets — Producers of sugar and of isoglucose — Calculation of production levies — Validity of a method of calculation taking into account fictitious refund amounts for those quantities of sugar exported without refund — Retroactive effect of the legislation — Exchange rate — Award of interest
References for a preliminary ruling brought by the Finanzgericht Düsseldorf, by the High Court of Justice of England and Wales, Chancery Division and the tribunal de grande instance de Nanterre
Languages of the case: German, English and French
| Summary |
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Opinion of Advocate General Sharpston delivered on 27 October 2011
ECLI:EU:C:2011:701 |
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Judgment of the Court (Fourth Chamber), 27 September 2012
ECLI:EU:C:2012:591 (Rectification of the judgment: Order of 22 November 2012) |
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Case C‑587/10 VSTR v Finanzamt Plauen
Taxation — Value added tax — Supply of goods — Taxation of chain transactions — Refusal to exempt on grounds of failure to produce the VAT identification number of the person acquiring goods
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 21 June 2012
ECLI:EU:C:2012:369 |
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Judgment of the Court (Fourth Chamber), 27 September 2012
ECLI:EU:C:2012:592 |
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Case C‑137/11 Partena v Les Tartes de Chaumont-Gistoux
Social security for migrant workers — Regulation (EEC) No 1408/71 — Articles 13 and 14c — Legislation applicable — Self-employed persons — Social security scheme — Insurance — Person employed or unemployed in a Member State — Self-employed activity in another Member State — Company agent — Residence in a Member State other than the State where the company has its registered office — Management of the company from the State of residence — National legislation establishing an irrebuttable presumption of pursuing a professional activity as a self-employed person in the Member State where the company has its registered office — Obligatory insurance with that State’s social security scheme for self-employed persons
Reference for a preliminary ruling from the Cour du travail de Bruxelles
Language of the case: French
| Summary |
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Opinion of Advocate General Mazák delivered on 26 June 2012
ECLI:EU:C:2012:387 |
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Judgment of the Court (Fourth Chamber), 27 September 2012
ECLI:EU:C:2012:593 |
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Case C‑179/11 Cimade and GISTI v Ministre de l'Intérieur, de l'Outre-mer, des Collectivités territoriales et de l'Immigration
Applications for asylum — Directive 2003/9/EC — Minimum standards for the reception of asylum seekers in the Member States — Regulation (EC) No 343/2003 — Obligation to guarantee asylum seekers minimum reception conditions during the procedure of taking charge or taking back by the responsible Member State — Determining the Member State obliged to assume the financial burden of the minimum conditions
Reference for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Sharpston delivered on 15 May 2012
ECLI:EU:C:2012:298 |
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Judgment of the Court (Fourth Chamber), 27 September 2012
ECLI:EU:C:2012:594 |
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Case C‑392/11 Field Fisher Waterhouse v Commissioners for Her Majesty's Revenue and Customs
VAT – Exemption for leasing of immovable property – Leasing of commercial premises – Services connected with the leasing – Classification of the transaction for VAT purposes – Transaction consisting of a single supply or several independent supplies
Reference for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
| Summary |
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Judgment of the Court (Sixth Chamber), 27 September 2012
ECLI:EU:C:2012:597 |
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Information (on unpublished decisions)
Case C‑96/11 P August Storck v OHIM
Appeal — Community trade mark — Absolute ground for refusal — Lack of distinctive character — Three-dimensional sign consisting of the shape of a chocolate mouse
Case C‑327/11 P United States Polo Association v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Likelihood of confusion — Word mark ‘U.S. POLO ASSN.’ — Opposition by the holder of the earlier word mark ‘POLO-POLO’
Case C‑495/11 P Total and Elf Aquitaine v Commission
Appeal — Regulation (EC) No 1/2003 — Competition — Agreements, decisions and concerted practices — Infringement of the principles of conferred powers and of proportionality — Manifestly incorrect interpretation — Infringement of the rights of the defence and of the principles of equity and of the equality of arms — Duty to state reasons
Case C‑587/11 P Omnicare v OHIM
Appeal — Community trade mark — Application for registration of the word sign ‘OMNICARE CLINICAL RESEARCH’ — Opposition — Decision of the Board of Appeal rejecting the application for registration — Action — Judgment of the General Court dismissing that action — Withdrawal of the opposition — Appeal — No need to adjudicate
Case C‑588/11 P Omnicare v OHIM
Appeal — Community trade mark — Application for registration of the word sign ‘OMNICARE’ — Opposition — Decision of the Board of Appeal rejecting the application for registration — Action — Judgment of the General Court dismissing that action — Withdrawal of the opposition — Appeal — No need to adjudicate
Case C‑197/07 P-DEP TDK Kabushiki Kaisha v Aktieselskabet af 21. november 2001 and OHIM
Taxation of costs
Case C‑540/11 Levy and Sebbag v Belgian State
Free movement of capital — Direct taxation — Taxation of dividends — Bilateral convention which precludes double taxation — Subsequent amendment, by one of the two States party to the convention, of its national legislation, having the effect of reintroducing double taxation — Obligations of the Member States under Articles 10 EC and 293 EC
Case C‑69/12 P Noscira v OHIM
Appeal — Original signed copy of the application lodged after the time limit — Regularisable defect — Excusable error — Appeal manifestly unfounded
Case C‑624/11 P Brighton Collectibles v OHIM
Appeal — Community trade mark — Regulations (EC) No 40/94 and (EC) No 207/2009 — Article 8(4) — Community word mark BRIGHTON — Opposition proceedings — Interpretation of the provisions of national law on relative grounds for refusal of registration
October 2012
Case C–22/11 Finnair v Lassooy
Air transport — Regulation (EC) No 261/2004 — Compensation for passengers in the event of denied boarding — Concept of ‘denied boarding’ — Exclusion from characterisation as ‘denied boarding’ — Cancellation of a flight caused by a strike at the airport of departure — Rescheduling of flights after the cancelled flight — Right to compensation of the passengers on those flights
Reference for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Bot delivered on 19 April 2012
ECLI:EU:C:2012:223 |
|
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Judgment of the Court (Third Chamber), 4 October 2012
ECLI:EU:C:2012:604 |
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Case C‑75/11 Commission v Austria
Failure of a Member State to fulfil obligations — Citizenship of the Union − Right to move and reside freely − Articles 20 TFEU and 21 TFEU − Discrimination on grounds of nationality − Article 18 TFEU − Directive 2004/38/EC − Article 24 — Derogation − Scope − Member State in which reduced fares on public transport are granted only to students whose parents are in receipt of family allowances in that Member State
Language of the case: German
| Summary |
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Opinion of Advocate General Kokott delivered on 6 September 2012
ECLI:EU:C:2012:536 |
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Judgment of the Court (Second Chamber), 4 October 2012
ECLI:EU:C:2012:605 |
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Case C‑115/11 Format Urządzenia i Montaże Przemysłowe v Zakład Ubezpieczeń Społecznych I Oddział w Warszawie
Social security — Determination of the legislation applicable — Regulation (EEC) No 1408/71 — Article 14(2)(b) — Person normally employed in the territory of two or more Member States — Successive employment contracts — Employer established in the Member State of habitual residence of the worker — Employment performed exclusively in other Member States
Reference for a preliminary ruling from the Sąd Apelacyjny — Sąd Pracy i Ubezpieczeń Społecznych w Warszawie
Language of the case: Polish
| Summary |
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Opinion of Advocate General Mazák delivered on 3 May 2012
ECLI:EU:C:2012:267 |
|
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Judgment of the Court (Second Chamber), 4 October 2012
ECLI:EU:C:2012:606 |
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Case C‑249/11 Byankov v Glaven sekretar na Ministerstvo na vatreshnite raboti
Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States — Directive 2004/38/EC — Article 27 — Administrative prohibition on leaving the territory on account of failure to pay a debt owed to a private legal person — Principle of legal certainty with regard to administrative acts which have become final — Principles of equivalence and effectiveness
Reference for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Mengozzi delivered on 21 June 2012
ECLI:EU:C:2012:380 |
|
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Judgment of the Court (Second Chamber), 4 October 2012
ECLI:EU:C:2012:608 |
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Case C‑321/11 Rodríguez Cachafeiro and Martínez-Reboredo Varela-Villamor v Iberia
Air transport — Regulation (EC) No 261/2004 — Compensation for passengers in the event of denied boarding — Concept of ‘denied boarding’ — Cancellation of a passenger’s boarding card by an air carrier because of the anticipated delay to an earlier flight also operated by it which included check-in for the flight concerned
Reference for a preliminary ruling from the Juzgado de lo Mercantil No 2 de A Coruña
Language of the case: Spanish
| Summary |
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Judgment of the Court (Third Chamber), 4 October 2012
ECLI:EU:C:2012:609 |
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Case C‑390/11 CS AGRO Ronov v Ministerstvo zemědělství
Agriculture — Sugar sector — Common organisation of the markets — Application for restructuring aid — Undertaking by the producer to cease delivery of a certain quantity of quota sugar beet — Definition — Unilateral declaration of the producer — Refusal to grant aid — Need to terminate the existing delivery contract
Reference for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Judgment of the Court (Fourth Chamber), 4 October 2012
ECLI:EU:C:2012:610 |
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Case C‑550/11 PIGI v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Taxation — VAT — Directive 2006/112/EC — Right to deduction — Adjustment — Theft of goods
Reference for a preliminary ruling from the Administrativen sad — Varna
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Seventh Chamber), 4 October 2012
ECLI:EU:C:2012:614 |
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Case C‑364/10 Hungary v Slovakia
Failure of a Member State to fulfil obligations — Article 259 TFEU — Citizenship of the European Union — Article 21 TFEU — Directive 2004/38/EC — Right to move within the territory of the Member States — President of Hungary — Prohibition on entering the territory of the Slovak Republic — Diplomatic relations between Member States
Language of the case: Slovak
| Summary |
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Opinion of Advocate General Bot delivered on 6 March 2012
ECLI:EU:C:2012:124 |
|
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Judgment of the Court (Grand Chamber), 16 October 2012
ECLI:EU:C:2012:630 |
|
Case C‑614/10 Commission v Austria
Failure of a Member State to fulfil obligations – Directive 95/46/EC – Processing of personal data and free movement of such data – Protection of natural persons – Article 28(1) – National supervisory authority – Independence – Supervisory authority and the Federal Chancellery – Personal and organisational links
Language of the case: German
| Summary |
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Opinion of Advocate General Mazák delivered on 3 July 2012
ECLI:EU:C:2012:406 |
|
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Judgment of the Court (Grand Chamber), 16 October 2012
ECLI:EU:C:2012:631 |
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Case C-301/10 Commission v United Kingdom
Failure of a Member State to fulfil obligations – Pollution and nuisance – Urban waste water treatment – Directive 91/271/EEC – Articles 3, 4 and 10 – Annex I(A) and (B)
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 26 January 2012
ECLI:EU:C:2012:36 |
|
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Judgment of the Court (First Chamber), 18 October 2012
ECLI:EU:C:2012:633 |
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Case C-385/10 Elenca v Ministero dell'Interno
Free movement of goods – Quantitative restrictions and measures having equivalent effect – Internal liners in flues and chimney pipes – Lack of CE conformity marking – Marketing precluded
Reference for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Fifth Chamber), 18 October 2012
ECLI:EU:C:2012:634 |
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Case C‑498/10 X NV v Staatssecretaris van Financiën
Freedom to provide services — Restrictions — Fiscal legislation — Obligation on the recipient of a service, established in the national territory, to withhold at source the wages tax on the remuneration due to a service provider established in another Member State — No such obligation in respect of a service provider established in the same Member State
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
|
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Opinion of Advocate General Kokott delivered on 21 December 2011
ECLI:EU:C:2011:870 |
|
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Judgment of the Court (First Chamber), 18 October 2012
ECLI:EU:C:2012:635 |
|
Case C‑502/10 State Secretary van Justitie v Mangat Singh
Directive 2003/109/EC – Status of third-country nationals who are long-term residents – Scope – Article 3(2)(e) – Residence based on a formally limited permit
Reference for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
|
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Opinion of Advocate General Bot delivered on 15 May 2012
ECLI:EU:C:2012:294 |
|
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Judgment of the Court (Third Chamber), 18 October 2012
ECLI:EU:C:2012:636 |
|
Case C‑583/10 The United States of America v Nolan
Reference for a preliminary ruling – Directive 98/59/EC – Protection of workers – Collective redundancies – Scope – Closure of an American military base – Information and consultation of workers – Time at which the consultation obligation arises – Lack of jurisdiction of the Court
Reference for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
| Summary |
|
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Opinion of Advocate General Mengozzi delivered on 22 March 2012
ECLI:EU:C:2012:160 |
|
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Judgment of the Court (Third Chamber), 18 October 2012
ECLI:EU:C:2012:638 |
|
Case C-603/10 Pelati v Republika Slovenija
Approximation of laws – Directive 90/434/EEC – Common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States – Article 11(1)(a) – National legislation under which authorisation must be obtained for the grant of tax advantages – Application for authorisation to be made at least 30 days before the proposed operation is effected
Reference for a preliminary ruling from the Upravno sodišče Republike Slovenije
Language of the case: Slovene
| Summary |
|
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Judgment of the Court (Fifth Chamber), 18 October 2012
ECLI:EU:C:2012:639 |
|
Case C-37/11 Commission v Czech Republic
Failure of a Member State to fulfil obligations – Admissibility – Regulation No 1234/2007 – Article 115 – Annex XV – Point I(2) – Appendix to Annex XV – Part A – Sales designations ‘butter’ and ‘dairy spread’ – Sales designation ‘pomazánkové máslo’ (butter spread) – List of derogations
Language of the case: Czech
| Summary |
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Judgment of the Court (First Chamber), 18 October 2012
ECLI:EU:C:2012:640 |
|
Joined Cases C-101/11 P and C-102/11 P Neuman and Galdeano del Sel v OHIM and OHIM v José Manuel Baena Grupo
Appeals – Community design – Regulation (EC) No 6/2002 – Articles 6, 25(1)(b) and (e), and 61 – Registered Community design or model representing a seated figure – Earlier Community figurative mark – Different overall impression – Degree of freedom of the designer – Informed user – Scope of judicial review – No statement of reasons
Language of the case: Spanish
| Summary |
|
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Judgment of the Court (Sixth Chamber), 18 October 2012
ECLI:EU:C:2012:641 |
|
Case C-173/11 Football Dataco and Others v Sportradar and Sportradar
Directive 96/9/EC – Legal protection of databases – Article 7 – Sui generis right – Database relating to football league matches in progress – Concept of re‑utilisation – Localisation of the act of re-utilisation
Reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)
Language of the case: English
| Summary |
|
|
Opinion of Advocate General Cruz Villalón delivered on 21 June 2012
ECLI:EU:C:2012:377 |
|
|
Judgment of the Court (Third Chamber), 18 October 2012
ECLI:EU:C:2012:642 |
|
Case C-218/11 Édukövízig and Hochtief Solutions (formerly Hochtief Construction) v Közbeszerzések Tanácsa Közbeszerzési Döntőbizottság
Directive 2004/18/EC – Public works contracts, public supply contracts and public service contracts – Articles 44(2) and 47(1)(b), (2) and (5) – Economic and financial standing of tenderers – Minimum capacity established on the basis of a single accounting indicator – Accounting indicator liable to be influenced by divergences between national laws as regards annual company accounts
Reference for a preliminary ruling from the Fővárosi Ítélőtábla
Language of the case: Hungarian
| Summary |
|
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Judgment of the Court (Seventh Chamber), 18 October 2012
ECLI:EU:C:2012:643 |
|
Case C‑234/11 TETS Haskovo v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Taxation − VAT − Right of deduction − Contribution in kind − Destruction of property − New buildings – Adjustment
Reference for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
| Summary |
|
|
Opinion of Advocate General Kokott delivered on 14 June 2012
ECLI:EU:C:2012:352 |
|
|
Judgment of the Court (Third Chamber), 18 October 2012
ECLI:EU:C:2012:644 |
|
Joined Cases C-302/11 to C-305/11 Valenza and Others v Autorità Garante della Concorrenza e del Mercato
Social policy – Directive 1999/70/EC − Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 − Fixed-term employment contracts in the public sector – National Competition Authority – Stabilisation procedure – Recruitment of workers employed for a fixed term as career civil servants without a public competition – Determination of length of service – Complete disregard of periods of service completed under fixed-term employment contracts – Principle of non-discrimination
References for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
|
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Judgment of the Court (Sixth Chamber), 18 October 2012
ECLI:EU:C:2012:646 |
|
Case C‑371/11 Punch Graphix Prepress Belgium v Belgische Staat
Reference for a preliminary ruling – Admissibility – Reference by domestic law to European Union law – Directive 90/435/EEC – Directive 90/434/EEC – Prevention of economic double taxation – Exception – Liquidation of a subsidiary upon a merger – Distribution of profits – Concept of ‘liquidation’
Reference for a preliminary ruling from the hof van beroep te Gent
Language of the case: Dutch
| Summary |
|
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Judgment of the Court (Seventh Chamber), 18 October 2012
ECLI:EU:C:2012:647 |
|
Case C‑402/11 P Jager & Polacek v OHIM
Appeal – Community trade mark – Opposition – Regulation (EC) No 2868/95 – Rule 18(1) – Legal nature of a communication from OHIM informing a party that an opposition has been found to be admissible – Right to an effective legal remedy
Language of the case: German
| Summary |
|
|
Opinion of Advocate General Bot delivered on 5 July 2012
ECLI:EU:C:2012:424 |
|
|
Judgment of the Court (Second Chamber), 18 October 2012
ECLI:EU:C:2012:649 |
|
Case C‑428/11 Purely Creative and Others v Office of Fair Trading
Directive 2005/29/EC – Unfair commercial practices – Practice of informing the consumer that he has won a prize and obliging him, in order to receive that prize, to incur a cost of whatever kind
Reference for a preliminary ruling from the la Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
| Summary |
|
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Judgment of the Court (Sixth Chamber), 18 October 2012
ECLI:EU:C:2012:651 (Rectification of the judgment: Order of 26 October 2012) |
|
Case C‑525/11 Mednis v Valsts ieņēmumu dienests
VAT – Directive 2006/112/EC – Article 183 – Conditions for the refund of the excess VAT – National legislation deferring the refund of part of the excess VAT pending examination of the taxable person’s annual tax return – Principles of fiscal neutrality and proportionality
Reference for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
| Summary |
|
|
Judgment of the Court (Third Chamber), 18 October 2012
ECLI:EU:C:2012:652 |
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Case C-300/10 Marques Almeida v Companhia de Seguros Fidelidade and Others
Insurance against civil liability in respect of the use of motor vehicles – Directive 72/166/EEC – Article 3(1) – Directive 84/5/EEC – Article 2(1) – Directive 90/232/EEC – Article 1 – Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles – Civil liability of the insured person – Victim’s contribution to loss or injury – Limitation of the right to compensation
Reference for a preliminary ruling from the Tribunal da Relação de Guimarães
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Trstenjak delivered on 5 July 2012
ECLI:EU:C:2012:414 |
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Judgment of the Court (Grand Chamber), 23 October 2012
ECLI:EU:C:2012:656 |
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Joined Cases C‑581/10 and C‑629/10 Nelson and Others v Deutsche Lufthansa and Civil Aviation Authority
Air transport – Regulation (EC) No 261/2004 – Articles 5 to 7 – Montreal Convention – Articles 19 and 29 – Right to compensation in the event of delay of flights – Compatibility
References for a preliminary ruling from the Amtsgericht Köln (Germany) and the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court)
Languages of the case: German and English
| Summary |
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Opinion of Advocate General Bot delivered on 15 May 2012
ECLI:EU:C:2012:295 |
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Judgment of the Court (Grand Chamber), 23 October 2012
ECLI:EU:C:2012:657 |
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Case C‑557/10 Commission v Portugal
Failure of a Member State to fulfil obligations – Transport – Development of the Community’s railways – Directive 91/440/EEC – Article 5(3) – Rail transport undertakings – Freedom of management – Decisions on staff, assets and own procurement – Article 7(3) – Grant of financing to the infrastructure manager – Directive 2001/14/EC – Article 6(1) – Balancing the accounts – Appropriate conditions – Incomplete transposition
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Jääskinen delivered on 6 September 2012
ECLI:EU:C:2012:529 |
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Judgment of the Court (First Chamber), 25 October 2012
ECLI:EU:C:2012:662 |
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Case C-133/11 Folien Fischer and Fofitec v Ritrama
Area of freedom, security and justice – Jurisdiction in civil and commercial matters – Special jurisdiction in tort, delict or quasi-delict – Action for a negative declaration (‘negative Feststellungsklage’) – Whether a person alleged to have committed a harmful act may bring a person who might be adversely affected before the courts with jurisdiction for the place where the act allegedly occurred or may occur, seeking a declaration that there is no liability in tort or delict
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 19 April 2012
ECLI:EU:C:2012:226 |
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Judgment of the Court (First Chamber), 25 October 2012
ECLI:EU:C:2012:664 |
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Joined Cases C-318/11 and C-319/11 Daimler and Widex v Skatteverket
Common system of value added tax – Directive 2006/112/EC – Articles 170 and 171 – Eighth VAT Directive – Article 1 – Directive 2008/9/EC – Article 3(a) – Arrangements for the refund of value added tax to taxable persons not established in the territory of the country – Taxable persons established in one Member State and carrying out in another Member State only technical testing or research activities
References for a preliminary ruling from the Förvaltningsrätten i Falun
Language of the case: Swedish
| Summary |
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Judgment of the Court (Eighth Chamber), 25 October 2012
ECLI:EU:C:2012:666 |
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Case C‑367/11 Prete v Office national de l'emploi
Freedom of movement for persons – Article 39 EC – National of a Member State seeking employment in another Member State – Equal treatment – Tideover allowance for young persons seeking their first job – Grant subject to completion of at least six years’ studies in the host State
Reference for a preliminary ruling from the Cour de cassation (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 19 July 2012
ECLI:EU:C:2012:501 |
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Judgment of the Court (Fourth Chamber), 25 October 2012
ECLI:EU:C:2012:668 |
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Case C‑387/11 Commission v Belgium
Failure of a Member State to fulfil obligations – Articles 49 TFEU and 63 TFEU – Articles 31 and 40 of the EEA Agreement – Taxation of income from capital and movable property – Resident and non-resident investment companies – Withholding tax – Setting off of withholding tax – Exemption of income from capital and movable property – Discrimination – Justifications
Language of the case: French
| Summary |
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Judgment of the Court (First Chamber), 25 October 2012
ECLI:EU:C:2012:670 |
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Case C‑553/11 Rintisch v Eder
Trade marks – Directive 89/104/EEC – Article 10(1) and (2)(a) – Genuine use – Use in a form, itself registered as a trade mark, differing in elements which do not alter the distinctive character of the mark – Temporal effects of a judgment
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Third Chamber), 25 October 2012
ECLI:EU:C:2012:671 |
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Case C‑557/11 Kozak v Dyrektor Izby Skarbowej w Lublinie
VAT – Directive 2006/112/EC – Articles 306 to 310 – Special scheme for travel agents – Transport services carried out by travel agents acting in their own name – Concept of single service – Article 98 – Reduced VAT rate
Reference for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Judgment of the Court (Sixth Chamber), 25 October 2012
ECLI:EU:C:2012:672 |
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Case C‑592/11 Anssi Ketelä
Agriculture – Regulations (EC) No 1698/2005 and 1974/2006 – Setting up aid for young farmers – Conditions for grant – Setting up for the first time on an agricultural holding as head of the holding – Conditions governing applicability where the person concerned sets up using a legal person
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Judgment of the Court (Eighth Chamber), 25 October 2012
ECLI:EU:C:2012:673 |
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Information (on unpublished decisions)
Case C‑649/11 P Cooperativa Vitivinícola Arousana v OHIM
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Likelihood of confusion – Word mark ROSALIA DE CASTRO – Opposition by the proprietor of the national word mark ROSALIA
Case C‑391/11 Commission v Belgium
Failure of a Member State to fulfil obligations – Directive 2000/53/EC – Article 2(3) – Protection of the environment – End-of-life vehicles – Notion of producer
Case C‑403/11 Commission v Spain
Failure of Member State to fulfil obligations – Directive 2000/60/EC – River basin management plans – Publication and reporting to the Commission – Public information and consultation – Failure to undertake
Case C‑502/11 Vivaio dei Molini Azienda Agricola Porro Savoldi v Autorità per la Vigilanza sui Contratti Pubblici di lavori, servizi e forniture
Public works contracts – Directive 93/37/EEC – Article 6 – Principles of equal treatment and openness – Admissibility of rules reserving the right to participate in public tendering procedures to companies engaged in a commercial activity and excluding civil partnerships (società semplici) – Institutional and statutory objectives – Agricultural undertakings
Case C‑559/11 Pelckmans Turnhout v Walter Van Gastel Balen and Others
Articles 92(1) and 103(1), and first subparagraph of Article 104(3) of the Rules of Procedure – Directive 2005/29/EC – Unfair commercial practices – National legislation prohibiting the opening of an establishment seven days a week
Case C‑597/11 P Evropaïki Dynamiki v Commission
Appeal – Public contract awarded by the Commission – Rejection of a tender – Obligation to state reasons – Regulation (EC, Euratom) No 1605/2002 – Article 89 – Regulation (EC, Euratom) No 2342/2002 – Articles 140 and 141 – Period allowed for the receipt of tenders – Period allowed for the submission of requests for information
Case C‑629/11 P Evropaïki Dynamiki v Commission
Appeal – Public contract awarded by the Commission – Rejection of the tender – Obligation to state the reasons on which the decision is based – Regulation (EC, Euratom) No 1605/2002 – Article 100(2) – Time-limit for replying to a request for information – Regulation (EC, Euratom) No 2342/2002 – Article 149(2
Case C‑669/11 ED et F Man Alcohols v Viniflhor
Protection of the financial interests of the European Union – Regulation (EC, Euratom) No 2988/95 – Scope ratione materiae – Meaning of ‘detriment to the financial interests of the European Union’ – Individual invitation to tender for the export of vinous alcohol held by intervention agencies – Export of quantities of alcohol outside the European Union after the expiry of the prescribed time-limit – Retention of the performance guarantee – Administrative measures – Administrative penalties – Regulation (EC) No 360/95 – Regulation (EC) No 1623/2000 – Retroactive application of a less severe penalty
Case C‑497/11 P Greece v Commission
Appeal – ERDF – Reduction in financing – Objective 1 operational programme (1994‑1999), ‘Accessibility and Trunk Roads’ in Greece – Delegation of auxiliary tasks by the Commission to third parties – Professional secrecy – Rate of financial correction – Discretion of the Commission – Judicial review
Case C‑611/11 P ara v OHIM
Appeal – Community trade mark – Regulation (EC) No 207/2009 – Article 8(1)(b) – International registration designating the European Community – Figurative mark A with two triangular motifs – Earlier national word mark A – Relative grounds for refusal – No likelihood of confusion
Case C‑31/12 Prokuratura Rejonowa w Zakopanem v Ziemski and Kozak
Reference for a preliminary ruling – No description of the main proceedings – Manifest inadmissibility
Case C‑554/11 P Internationaler Hilfsfonds v Commission
Appeal – Access to documents – Refusal of full access to documents relating to contract LIEN 97‑2011 – Action for annulment – Fresh examination in the course of proceedings – Bringing a separate annulment action
Case C‑252/11 Šujetová v Rapid life životná poisťovňa
Reference for a preliminary ruling — No need to adjudicate
Case C‑164/11 Commission v France
Failure of a Member State to fulfil obligations — Directive 2003/96/EC — Taxation of energy products and electricity — Failure to transpose within the prescribed period
Case C‑168/12 P(R) Hassan v Council
Appeal – Application for interim measures – Restrictive measures against Syria – Freezing of funds and economic resources – Application for suspension of operation and interim measures – Lack of any urgency
November 2012
Case C‑551/10 P Éditions Odile Jacob v Commission
Appeal – Concentrations of undertakings in the book publishing market – Regulation (EEC) No 4064/89 – Nominee holding agreement – Ineffective grounds
Language of the case: French
| Summary |
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Opinion of Advocate General Mazák delivered on 6 March 2012
ECLI:EU:C:2012:125 |
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Judgment of the Court (Grand Chamber), 6 November 2012
ECLI:EU:C:2012:681 |
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Joined Cases C‑553/10 P and C‑554/10 P Commission v Éditions Odile Jacob and Lagardère v Commission
Appeals – Merger of undertakings in the book publishing market – Annulment of the decision to approve an investment company as the purchaser of the assets sold – Significance of a trustee’s possible lack of independence
Language of the case: French
| Summary |
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Opinion of Advocate General Mazák delivered on 27 March 2012
ECLI:EU:C:2012:173 |
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Judgment of the Court (Grand Chamber), 6 November 2012
ECLI:EU:C:2012:682 |
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Case C‑199/11 Europese Gemeenschap v Otis and Others
Representation of the European Union before national courts — Articles 282 EC and 335 TFEU — Claim for damages in respect of loss caused to the European Union by a cartel — Article 47 of the Charter of Fundamental Rights of the European Union — Right to fair hearing — Right of access to a tribunal — Equality of arms — Article 16 of Regulation No 1/2003
Reference for a preliminary ruling from the rechtbank van koophandel te Brussel
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 26 June 2012
ECLI:EU:C:2012:388 |
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Judgment of the Court (Grand Chamber), 6 November 2012
ECLI:EU:C:2012:684 |
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Case C‑245/11 K v Bundesasylamt
Regulation (EC) No 343/2003 – Determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third‑country national – Humanitarian clause – Article 15 of that regulation – Person who enjoys asylum in a Member State and is dependent on the assistance of an asylum seeker because she suffers from a serious illness – Article 15(2) of the regulation – Obligation on that Member State, which is not responsible according to the criteria laid down in Chapter III of that regulation, to examine the application for asylum made by that asylum seeker – Conditions
Reference for a preliminary ruling from the Asylgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Trstenjak delivered on 27 June 2012
ECLI:EU:C:2012:389 |
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Judgment of the Court (Grand Chamber), 6 November 2012
ECLI:EU:C:2012:685 |
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Case C‑286/12 Commission v Hungary
Failure of a Member State to fulfil obligations — Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Articles 2 and 6(1) — National scheme requiring compulsory retirement of judges, prosecutors and notaries on reaching the age of 62 — Legitimate objectives justifying a difference in treatment vis-à-vis workers under the age of 62 — Proportionality of the duration of the transitional period
Language of the case: Hungarian
| Summary |
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View of Advocate General Kokott delivered on 2 October 2012
ECLI:EU:C:2012:602 |
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Judgment of the Court (First Chamber), 6 November 2012..
ECLI:EU:C:2012:687 |
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Case C‑342/10 Commission v Finland
Failure of a Member State to fulfil obligations — Free movement of capital — Article 63 TFEU — EEA Agreement — Article 40 — Taxation of dividends paid to non-resident pension funds
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Sharpston delivered on 19 July 2012
ECLI:EU:C:2012:474 |
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Judgment of the Court (Fourth Chamber), 8 November 2012
ECLI:EU:C:2012:688 |
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Case C‑511/10 Finanzamt Hildesheim v BLC Baumarkt
Sixth VAT Directive — Article 17(5), third subparagraph — Right to deduct input VAT — Goods and services used both for taxable transactions and exempt operations — Rental of a building for commercial and habitation purposes — Criteria for calculation prorata deduction of VAT
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 26 April 2012
ECLI:EU:C:2012:245 |
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Judgment of the Court (First Chamber), 8 November 2012
ECLI:EU:C:2012:689 |
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Case C‑40/11 Iida v Stadt Ulm
Articles 20 TFEU and 21 TFEU – Charter of Fundamental Rights of the European Union – Article 51 – Directive 2003/109/EC – Third-country nationals – Right of residence in a Member State – Directive 2004/38/EC – Third-country nationals who are family members of Union citizens – Third-country national neither accompanying nor joining a Union citizen in the host Member State and remaining in the citizen’s Member State of origin – Right of residence of a third-country national in the Member State of origin of a citizen residing in another Member State – Citizenship of the Union – Fundamental rights
Reference for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg
Language of the case: German
| Summary |
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Opinion of Advocate General Trstenjak delivered on 15 May 2012
ECLI:EU:C:2012:296 |
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Judgment of the Court (Third Chamber), 8 November 2012
ECLI:EU:C:2012:691 |
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Case C‑165/11 Daňové riaditeľstvo Slovenskej republiky v Profitube
Sixth VAT Directive – Applicability – Community customs code – Goods from a non-member State placed under the customs warehousing procedure in the territory of a Member State – Processing of the goods under inward processing arrangements in the form of a system of suspension – Goods sold and placed once again under the customs warehousing procedure – Goods kept in the same customs warehouse during all the transactions – Supply of goods effected for consideration in national territory – Chargeable event for VAT
Reference for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
| Summary |
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Opinion of the Advocate General Mengozzi delivered on 22 May 2012
ECLI:EU:C:2012:301 |
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Judgment of the Court (First Chamber), 8 November 2012
ECLI:EU:C:2012:692 |
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Joined Cases C‑229/11 and C‑230/11 Heimann and Toltschin v Kaiser
Social policy — Directive 2003/88/EC — Short-time working (‘Kurzarbeit’) — Reduction of paid annual leave on the basis of short-time working — Allowance in lieu
Reference for a preliminary ruling from the Arbeitsgericht Passau
Language of the case: German
| Summary |
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Judgment of the Court (Fifth Chamber), 8 November 2012
ECLI:EU:C:2012:693 |
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Case C‑244/11 Commission v Greece
Failure of a Member State to fulfil obligations — Articles 43 EC and 56 EC — Scheme under which prior authorisation is required for the acquisition of voting rights representing 20% or more of the share capital in certain ‘strategic public limited companies’ — Arrangements for ex post control of certain decisions taken by those companies
Language of the case: Greek
| Summary |
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Judgment of the Court (Fourth Chamber), 8 November 2012
ECLI:EU:C:2012:694 |
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Case C‑268/11 Gülbahce v Freie und Hansestadt Hamburg
Reference for a preliminary ruling — EEC‑Turkey Association Agreement — Decision No 1/80 of the Association Council — Article 6(1), first indent — Rights of Turkish workers duly registered as belonging to the labour force — Retroactive withdrawal of a residence permit
Reference for a preliminary ruling from the Hamburgisches Oberverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 21 June 2012
ECLI:EU:C:2012:381 |
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Judgment of the Court (Third Chamber), 8 November 2012
ECLI:EU:C:2012:695 |
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Case C‑271/11 Techniko Epimelitirio Elladas and Others v Ipourgos Esoterikon, Dimosias Diikisis kai Apokentrosis and Others
Air transport – Regulation No 2042/2003 – Technical requirements and administrative procedures in the field of civil aviation – Continuing airworthiness of aircraft – Approval of members of staff involved in tasks of inspection – Qualifications required
Reference for a preliminary ruling from the Simvoulio tis Epikratias
Language of the case: Greek
| Summary |
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Judgment of the Court (First Chamber), 8 November 2012
ECLI:EU:C:2012:696 |
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Case C‑299/11 Staatssecretaris van Financiën v Gemeente Vlaardingen
Taxation — VAT — Taxable transactions — Application for the purposes of a business of goods obtained ‘in the course of such business’ — Treatment as a supply for consideration — Sports pitches belonging to the taxable person and transformed by a third person
Reference for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Mazák delivered on 11 September 2012
ECLI:EU:C:2012:561 |
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Judgment of the Court (First Chamber), 8 November 2012
ECLI:EU:C:2012:698 |
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Case C‑351/11 KGH Belgium v Belgische Staat
Customs debt – Post-clearance recovery of import or export duties – Entry of duty in the accounts – Practical procedures
Reference for a preliminary ruling from the rechtbank van eerste aanleg te Antwerpen
Language of the case: Dutch
| Summary |
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Judgment of the Court (Fifth Chamber), 8 November 2012
ECLI:EU:C:2012:699 |
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Case C–433/11 SKP v Polhošová
Reference for a preliminary ruling – Lack of adequate information on the factual and legal context of the dispute in the main proceedings – Questions submitted in a context which precludes any useful answer – Lack of information on the reasons justifying the need for a reply to the questions referred – Manifest inadmissibility
Reference for a preliminary ruling from the Krajský súd v Prešove
Language of the case: Slovak
| Summary |
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Order of the Court (Fifth Chamber), 8 November 2012
ECLI:EU:C:2012:702 |
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Case C‑438/11 Lagura Vermögensverwaltung v Hauptzollamt Hamburg-Hafen
Community customs code - Article 220(2)(b) — Post-clearance recovery of import duties — Legitimate expectations — Impossibility of verifying the accuracy of a certificate of origin — Notion of ‘certificate based on an incorrect account of the facts provided by the exporter’ — Burden of proof — Scheme of generalised tariff preferences
Reference for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber), 8 November 2012
ECLI:EU:C:2012:703 |
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Case C‑461/11 Radziejewski v Kronofogdemyndigheten
Freedom of movement for workers – Article 45 TFEU – Total or partial debt relief procedure – Debtor who is a natural person – National legislation making the grant of debt relief subject to a residence condition
Reference for a preliminary ruling from the Stockholms tingsrätt
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Sharpston delivered on 13 September 2012
ECLI:EU:C:2012:570 |
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Judgment of the Court (Third Chamber), 8 November 2012
ECLI:EU:C:2012:704 |
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Case C‑469/11 P Evropaïki Dynamiki v Commission
Appeal – Action for damages – Rejection of a bid submitted in a European Union tendering procedure – Limitation period – Point from which time starts to run – Application of the extension of time on account of distance
Language of the case: English
| Summary |
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Judgment of the Court (Third Chamber), 8 November 2012
ECLI:EU:C:2012:705 |
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Case C‑35/11 Test Claimants in the FII Group Litigation v Commissioners of Inland Revenue and Commissioners for Her Majesty's Revenue & Customs
Articles 49 TFEU and 63 TFEU — Payment of dividends — Corporation tax — Case C‑446/04 — Test Claimants in the FII Group Litigation — Interpretation of the judgment — Prevention of economic double taxation — Equivalence of the exemption and imputation methods — Meaning of ‘tax rates’ and ‘different levels of taxation’ — Dividends from third countries
Reference for a preliminary ruling from the High Court of Justice of England and Wales, Chancery Division
Language of the case: English
| Summary |
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Opinion of Advocate General Jääskinen delivered on 19 July 2012
ECLI:EU:C:2012:483 |
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Judgment of the Court (Grand Chamber), 13 November 2012
ECLI:EU:C:2012:707 |
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Joined Cases C-539/10 P and C-550/10 P Al-Aqsa v Council and Netherlands v Al-Aqsa
Appeals – Common foreign and security policy – Combating terrorism – Restrictive measures against certain persons and entities – Freezing of assets – Common Position 2001/931/CFSP – Article 1(4) and (6) – Regulation (EC) No 2580/2001 – Article 2(3) – Inclusion of an organisation on the list of persons, groups and entities involved in terrorist acts and maintaining it on that list – Conditions – Decision of a competent authority – Repeal of a national measure – Actions for annulment – Admissibility of the appeal – Right to respect for property – Principle of proportionality – Article 253 EC – Obligation to state the reasons on which a decision is based
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Trstenjak delivered on 6 June 2012
ECLI:EU:C:2012:321 |
|
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Judgment of the Court (Third Chamber), 15 November 2012
ECLI:EU:C:2012:711 |
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Case C‑34/11 Commission v Portugal
Failure of a Member State to fulfil obligations – Pollution control – Limit values for concentrations of PM10 in ambient air
Language of the case: Portuguese
| Summary |
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Judgment of the Court (First Chamber) of 15 November 2012
ECLI:EU:C:2012:712 |
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Case C‑56/11 Raiffeisen-Waren-Zentrale Rhein-Main v Saatgut-Treuhandverwaltung
Community plant variety rights — Regulation (EC) No 2100/94 — Processing services — Obligation of the supplier of processing services to provide information to the holder of the Community right — Requirements regarding the time and content of an application for information
Reference for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 14 June 2012
ECLI:EU:C:2012:350 |
|
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Judgment of the Court (First Chamber), 15 November 2012
ECLI:EU:C:2012:713 |
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Case C‑131/11 Pfeifer & Langen v Hauptzollamt Aachen
Agriculture – Regulation (EEC) No 1443/82 – Article 3(4) – Application of the quota system in the sugar sector – Surplus quantity of sugar found by the national authorities of a Member State during an a posteriori investigation carried out at the producer’s premises – Whether that surplus is to be taken into account when establishing the final production figures for the marketing year during which the difference came to light
Reference for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of the Advocate General Sharpston delivered on 29 March 2012
ECLI:EU:C:2012:196 |
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Judgment of the Court (First Chamber), 15 November 2012
ECLI:EU:C:2012:715 |
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Case C‑174/11 Finanzamt Steglitz v Zimmermann
Sixth VAT Directive – Exemptions – Article 13A(1)(g) and (2) – Services closely linked to welfare and social security work supplied by bodies governed by public law or organisations recognised as charitable – Recognition – Conditions not applicable to organisations other than bodies governed by public law – Discretion of the Member States – Limits – Principle of fiscal neutrality
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Mazák delivered on 19 July 2012
ECLI:EU:C:2012:493 |
|
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Judgment of the Court (Second Chamber), 15 November 2012
ECLI:EU:C:2012:716 |
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Case C‑180/11 Bericap Záródástechnikai v Plastinnova 2000
Directive 2004/48/EC — Rules governing the examination of evidence in a dispute before a national court before which an application for annulment of the protection of a utility model has been brought — Powers of the national court — Paris Convention — TRIPS Agreement
Reference for a preliminary ruling from the Fővárosi Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Third Chamber), 15 November 2012
ECLI:EU:C:2012:717 |
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Case C‑417/11 P Council v Bamba
Appeal – Common foreign and security policy – Specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire – Freezing of funds – Article 296 TFEU – Obligation to state the reasons on which a decision is based – Rights of the defence – Right to an effective legal remedy – Right to respect for property
Language of the case: French
| Summary |
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Judgment of the Court (Third Chamber), 15 November 2012
ECLI:EU:C:2012:718 |
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Case C‑456/11 Gothaer Allgemeine Versicherung and Others v Samskip
Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Articles 32 and 33 – Recognition of judgments – Concept of ‘judgment’ – Effects of a judgment on international jurisdiction – Jurisdiction clause
Reference for a preliminary ruling from the Landgericht Bremen
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 6 September 2012
ECLI:EU:C:2012:554 |
|
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Judgment of the Court (Third Chamber), 15 November 2012
ECLI:EU:C:2012:719 |
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Case C‑532/11 Leichenich v Peffekoven and Horeis
Directive 77/388/EEC – VAT – Exemptions – Article 13B(b) – Leasing or letting of immovable property – Houseboat, without a system of propulsion, permanently attached alongside a riverbank – Leasing of the houseboat, including the landing stage, the plot of land and the area of water contiguous therewith – Exclusive use for the permanent operation of a restaurant-discotheque – Single supply
Reference for a preliminary ruling from the Oberlandesgericht Köln
Language of the case: German
| Summary |
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Judgment of the Court (Third Chamber), 15 November 2012
ECLI:EU:C:2012:720 |
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Case C‑558/11 Kurcums Metal v Valsts ieņēmumu dienests
Common Customs Tariff — Tariff classification — Combined Nomenclature — ‘Taifun’ composite cables manufactured in Russia, made of polypropylene and steel thread — Corrugated clips with rounded tips connected by means of a pin — Anti-dumping duties on imports of certain iron or steel ropes and cables originating in the Czech Republic, Russia, Thailand and Turkey
Reference for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
| Summary |
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Judgment of the Court (Eighth Chamber), 15 November 2012
ECLI:EU:C:2012:721 |
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Case C‑552/10 P Usha Martin v Council and Commission
Appeal — Dumping — Regulation (EC) No 121/2006 — Imports of steel ropes and cables originating, inter alia, in India — Decision 2006/38/EC — Regulation (EC) No 384/96 — Article 8(9) — Undertakings offered in connection with anti-dumping proceedings
Language of the case: English
| Summary |
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Judgment of the Court (Third Chamber), 22 November 2012
ECLI:EU:C:2012:736 |
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Case C‑89/11 P E.ON Energie v Commission
Appeal — Action for annulment of a Commission decision relating to a fine for breach of seal — Burden of proof — Distortion of the evidence — Obligation to state reasons — Amount of the fine — Unlimited jurisdiction — Principle of proportionality
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 21 June 2012
ECLI:EU:C:2012:375 |
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Judgment of the Court (Third Chamber), 22 November 2012
ECLI:EU:C:2012:738 |
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Case C‑116/11 Bank Handlowy w Warszawie SA, PPHU 'ADAX'/Ryszard Adamiak v Christianapol sp. z o.o.
Judicial cooperation in civil matters — Regulation (EC) No 1346/2000 — Insolvency proceedings — Concept of ‘closure of insolvency proceedings’ — Possibility for a court before which secondary insolvency proceedings have been brought to examine the debtor’s insolvency — Possibility of opening winding-up proceedings as secondary insolvency proceedings where the main proceedings are sauvegarde proceedings
Reference for a preliminary ruling from the Sąd Rejonowy Poznań-Stare Miasto w Poznaniu
Language of the case: Polish
| Summary |
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Opinion of Advocate General Kokott delivered on 24 May 2012
ECLI:EU:C:2012:308 |
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Judgment of the Court (First Chamber), 22 November 2012
ECLI:EU:C:2012:739 |
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Case C‑136/11 Westbahn Management v ÖBB Infrastruktur
Transport — Rail transport — Obligation of the railway infrastructure manager to provide railway undertakings in real time with all information concerning train movements, in particular information on delays to connecting trains
Reference for a preliminary ruling from the Schienen-Control Kommission
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 7 June 2012
ECLI:EU:C:2012:330 |
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Judgment of the Court (First Chamber), 22 November 2012
ECLI:EU:C:2012:740 |
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Case C‑139/11 Cuadrench Moré v KLM
Air transport — Compensation and assistance to passengers — Denied boarding and cancellation or long delays of flights — Period allowed for commencing proceedings
Reference for a preliminary ruling from the Audiencia Provincial de Barcelona
Language of the case: Spanish
| Summary |
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Judgment of the Court (Third Chamber), 22 November 2012
ECLI:EU:C:2012:741 |
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Case C‑219/11 Brain Products v BioSemi and Others
Reference for a preliminary ruling — Medical devices — Directive 93/42/EEC –Scope — Interpretation of the concept of ‘medical device’ — Product marketed for non-medical use — Investigation of a physiological process — Free movement of goods
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 15 May 2012
ECLI:EU:C:2012:299 |
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Judgment of the Court (Third Chamber), 22 November 2012
ECLI:EU:C:2012:742 |
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Case C‑277/11 M.M. v Minister for Justice, Equality and Law Reform and Others
Reference for a preliminary ruling – Common European Asylum System – Directive 2004/83/EC – Minimum standards for qualification for refugee status or subsidiary protection status – Article 4(1), second sentence – Cooperation of the Member State with the applicant to assess the relevant elements of his application – Scope – Lawfulness of the national procedure for processing an application for subsidiary protection following rejection of an application for refugee status – Observance of fundamental rights – Right to be heard
Reference for a preliminary ruling from the High Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 26 April 2012
ECLI:EU:C:2012:253 |
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Judgment of the Court (First Chamber), 22 November 2012
ECLI:EU:C:2012:744 |
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Joined Cases C‑320/11, C‑330/11, C‑382/11 and C‑383/11 Digitalnet and Others v Nachalnik na Mitnicheski punkt – Varna Zapad pri Mitnitsa Varna
Common Customs Tariff – Tariff classification – Combined Nomenclature – Apparatus capable of receiving television signals and incorporating a modem for gaining access to the internet and having a function of interactive information exchange
Reference for a preliminary ruling from the Administrativen sad – Varna
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Sixth Chamber), 22 November 2012
ECLI:EU:C:2012:745 |
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Case C-385/11 Elbal Moreno v Instituto Nacional de la Seguridad Social and Tesorería General de la Seguridad Social
Article 157 TFEU — Directive 79/7/EEC — Directive 97/81/EC — Framework Agreement on part-time work — Directive 2006/54/EC — Contributory retirement pension — Equal treatment for male and female workers — Indirect discrimination on grounds of sex
Reference for a preliminary ruling from the Juzgado de lo Social de Barcelona
Language of the case: Spanish
| Summary |
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Judgment of the Court (Eighth Chamber), 22 November 2012
ECLI:EU:C:2012:746 |
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Case C‑410/11 Espada Sánchez and Others v Iberia
Air transport — Montreal Convention — Article 22(2) — Liability of carriers in respect of baggage — Limits of liability in the event of the destruction, loss, damage or delay of baggage — Shared baggage belonging to a number of passengers — Baggage checked in by one of those passengers
Reference for a preliminary ruling from the Audiencia Provincial de Barcelona
Language of the case: Spanish
| Summary |
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Judgment of the Court (Third Chamber), 22 November 2012
ECLI:EU:C:2012:747 |
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Case C‑119/12 Probst v mr.nexnet
Electronic communications — Directive 2002/58/EC — Article 6(2) and (5) — Processing of personal data — Traffic data necessary for billing and debt collection — Debt collection by a third company — Persons acting under the authority of the providers of public communications networks and electronic communications services
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Third Chamber), 22 November 2012
ECLI:EU:C:2012:748 |
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Case C‑566/10 P Italy v Commission
Appeal — Rules on languages — Notices of open competitions for the recruitment of administrators and assistants — Publication in full in three official languages — Language of the tests — Choice of the second language among three official languages
Language of the case: Italian
| Summary |
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Opinion of Advocate General Kokott delivered on 21 June 2012
ECLI:EU:C:2012:368 |
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Judgment of the Court (Grand Chamber), 27 November 2012
ECLI:EU:C:2012:752 |
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Case C‑370/12 Pringle v Government of Ireland, Ireland and the Attorney General
Stability mechanism for the Member States whose currency is the euro – Decision 2011/199/EU – Amendment of Article 136 TFEU – Validity – Article 48(6) TEU – Simplified revision procedure – ESM Treaty – Economic and monetary policy – Competence of the Member States
Reference for a preliminary ruling from the Supreme Court
Language of the case: English
| Summary |
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View of Advocate General Kokott delivered on 26 October 2012
ECLI:EU:C:2012:675 |
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Judgment of the Court (Full Court), 27 November 2012
ECLI:EU:C:2012:756 |
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Joined Cases C‑182/11 and C‑183/11 Econord v Comune di Cagno and Others
Public service contracts — Directive 2004/18/EC — Contracting authority exercising over a legally distinct successful tenderer control similar to that exercised over its own departments — No obligation to carry out a tendering procedure in accordance with the rules of EU law (‘in-house’ award) — Successful tenderer controlled jointly by several local authorities — Conditions for the applicability of an in-house award
Reference for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 19 July 2012
ECLI:EU:C:2012:494 |
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Judgment of the Court (Third Chamber), 29 November 2012
ECLI:EU:C:2012:758 |
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Case C‑257/11 Gran Via Moineşti v ANAF and Administraţia Finanţelor Publice
Directive 2006/112/EC — Value added tax — Articles 167, 168 and 185 — Right of deduction — Adjustment of deductions — Acquisition of land and buildings constructed on that land, with a view to demolishing the buildings and carrying out a construction project on the land
Reference for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
| Summary |
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Judgment of the Court (Third Chamber), 29 November 2012
ECLI:EU:C:2012:759 |
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Case C‑262/11 Kremikovtzi v Ministar na ikonomikata, energetikata i turizma i zamestnik-ministar na ikonomikata, energetikata i turizma
Accession of the Republic of Bulgaria to the European Union — EC‑Bulgaria Association Agreement — Steel sector — Public aid for reconstruction granted prior to accession — Conditions — Viability of the recipients at the end of the restructuring period — Declaration of insolvency of a recipient following accession — Respective powers of the national authorities and the European Commission — National decision finding the existence of a public debt in the form of aid which has become unlawful — Decision EU‑BG No 3/2006 — Annex V to the Act of Accession — Aid applicable following accession — Council Regulation (EC) No 659/1999 — Existing aid
Reference for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Second Chamber), 29 November 2012
ECLI:EU:C:2012:760 |
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Information (on unpublished decisions)
Case C‑528/10 Commission v Greece
Failure of a Member State to fulfil obligations — Transport — Development of the Community’s railways — Directive 2001/14/EC — Articles 6(2) to (5) and 11 — Railway infrastructure capacity and charges levied for the use of railway infrastructure — Regulatory body — Failure to transpose within the prescribed period
Case C‑247/10 P Zhejiang Aokang Shoes v Council
Appeal – Dumping – Regulation (EC) No 1472/2006 – Imports of certain footwear with uppers of leather originating in China and Vietnam – Regulation (EC) No 384/96 – Article 2(7)(b) – Market economy treatment – Article 9(6) – Individual treatment – Article 17(3) – Sampling – Article 20(5) – Rights of the defence
Case C‑102/12 P Städter v ECB
Appeal — Decisions adopted by the European Central Bank — Action for annulment — Action brought out of time — Appeal manifestly unfounded
Case C‑369/12 Corpul Naţional al Poliţiştilor v Ministerul Administraţiei şi Internelor and Others
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Validity of national legislation imposing salary reductions on a number of categories of civil servants — Failure to implement EU law — Clear lack of jurisdiction of the Court of Justice
Case C‑1/11 SA Marcuccio v Commission
Application for leave to serve a garnishee order on the European Union
Case C‑603/11 Fontaine v Mutuelle Générale de l'Éducation Nationale
Competition — Articles 101 TFEU and 102 TFEU — Supplementary health insurance — Mutual companies entering into state health service agreements with the practitioners of their choice — Difference in treatment — Manifest inadmissibility
Case C‑600/10 Commission v Germany
Failure of a Member State to fulfil obligations — Free movement of capital — Taxation of dividends and interest paid to pension funds and pension insurance schemes — Treatment of dividends and interest paid to non-resident institutions — Deduction of operating costs directly linked to the receipt of income in the form of dividends and interest — Burden of proof
Case C‑318/12 disciplinary proceedings against Jean Devillers
Reference for a preliminary ruling — Failure to set out the factual and legal context of the main proceedings — Manifest inadmissibility
Case C‑627/11 Augustus v Agenţia de Plăţi pentru Dezvoltare Rurală şi Pescuit
Reference for a preliminary ruling — Manifest inadmissibility
Case C‑416/11 P United Kingdom v Commission
Appeal — Directive 92/43/EEC — Conservation of natural habitats — List of sites of Community importance for the Mediterranean biogeographical region — Inclusion in the list of a site proposed by the Kingdom of Spain — Site allegedly covering an area of British Gibraltar territorial waters and an area of the high seas — Action for annulment — Measure merely confirmatory
Case C‑647/11 P Dimos Peramatos v Commission
Appeal — Funding granted to a project in the environmental field — ‘LIFE’ — Decision for partial recovery of the amount paid — Determination of the obligations on the recipient — Legitimate expectations — Duty to state reasons — Errors of law
Case C‑42/12 P Hrbek v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Relative ground for refusal — Likelihood of confusion — Figurative mark — Opposition by the proprietor of an earlier trade mark — Appeal clearly inadmissible and clearly unfounded
December 2012
Case C‑457/10 P AstraZeneca and AstraZeneca v Commission
Appeal — Competition — Abuse of dominant position — Market in anti-ulcer medicines — Abuse of procedures relating to supplementary protection certificates for medicinal products and of marketing authorisation procedures for medicinal products — Misleading representations — Deregistration of marketing authorisations — Obstacles to the marketing of generic medicinal products and to parallel imports
Language of the case: English
| Summary |
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Opinion of Advocate General Mazák delivered on 15 May 2012
ECLI:EU:C:2012:293 |
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Judgment of the Court (First Chamber), 6 December 2012
ECLI:EU:C:2012:770 |
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Joined Cases C‑124/11, C‑125/11 and C‑143/11 Bundesrepublik Deutschland v Dittrich and Klinke and Müller v Bundesrepublik Deutschland
Equal treatment in employment and occupation — National rules — Assistance granted to public servants in the event of illness — Directive 2000/78/EC — Article 3 — Scope — Concept of ‘pay’
Reference for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 28 June 2012
ECLI:EU:C:2012:398 |
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Judgment of the Court (Third Chamber), 6 December 2012
ECLI:EU:C:2012:771 |
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Case C‑152/11 Odar v Baxter Deutschland
Equal treatment in employment and occupation – Directive 2000/78/EC – Prohibition against any discrimination on grounds of age or disability – Compensation on termination of employment – Social plan providing for a reduction in the amount of redundancy compensation paid to disabled workers
Reference for a preliminary ruling from the Arbeitsgericht München
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 12 July 2012
ECLI:EU:C:2012:451 |
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Judgment of the Court (Second Chamber), 6 December 2012
ECLI:EU:C:2012:772 |
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Case C‑285/11 Bonik v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
VAT — Directive 2006/112/EC — Right of deduction — Refusal
Reference for a preliminary ruling from the Administrativen sad — Varna
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Third Chamber), 6 December 2012
ECLI:EU:C:2012:774 |
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Joined Cases C‑356/11 and C‑357/11 O and S v Maahanmuuttovirasto (C-356/11), and Maahanmuuttovirasto v L. (C-357/11)
Citizenship of the Union — Article 20 TFEU − Directive 2003/86/EC − Right to family reunification − Union citizens who are minor children living with their mothers, who are third country nationals, in the territory of the Member State of which the children are nationals — Permanent right of residence in that Member State of the mothers who have been granted sole custody of the Union citizens — Change in composition of the families following the mothers’ remarriage to third country nationals and the birth of children of those marriages who are also third country nationals — Applications for family reunification in the Member State of origin of the Union citizens — Refusal of the right of residence to the new spouses on the ground of lack of sufficient resources — Right to respect for family life — Taking into consideration of the children’s best interests
Reference for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Bot delivered on 27 September 2012
ECLI:EU:C:2012:595 |
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Judgment of the Court (Second Chamber), 6 December 2012
ECLI:EU:C:2012:776 |
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Case C‑430/11 Criminal proceedings against Md Sagor
Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures for returning illegally staying third-country nationals — National legislation providing for a fine which may be replaced by an order for expulsion or home detention
Reference for a preliminary ruling from the Tribunale di Rovigo
Language of the case: Italian
| Summary |
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Judgment of the Court (First Chamber), 6 December 2012
ECLI:EU:C:2012:777 |
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Case C‑441/11 P Commission v Verhuizingen Coppens
Appeal – Competition – Agreements, decisions and concerted practices – Article 81 EC and Article 53 of the EEA Agreement – International removal services market in Belgium – Cartel involving three individual agreements – Single and continuous infringement – Failure to prove that an undertaking party to an individual agreement was aware of the other individual agreements – Annulment, in whole or in part, of the Commission decision – Articles 263 TFEU and 264 TFEU
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 24 May 2012
ECLI:EU:C:2012:317 |
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Judgment of the Court (Fourth Chamber), 6 December 2012
ECLI:EU:C:2012:778 |
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Case C‑562/11 SEPA v Hauptzollamt Hamburg-Jonas
Agriculture — Regulation (EEC) No 3665/87 — Article 11 — Export refunds — Request for a refund in respect of exported goods which do not confer entitlement to a refund — Administrative penalty
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Fifth Chamber), 6 December 2012
ECLI:EU:C:2012:779 |
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Case C‑610/10 Commission v Spain
Failure of a Member State to fulfil obligations — State aid — Judgment of the Court establishing a failure to fulfil obligations — Preliminary objection of inadmissibility — Article 228(2) EC and Article 260(2) TFEU — Failure to comply with the judgment — Financial penalties
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Mazák delivered on 6 September 2012
ECLI:EU:C:2012:530 |
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Judgment of the Court (Grand Chamber), 11 December 2012
ECLI:EU:C:2012:781 |
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Case C‑215/11 Szyrocka v Siger Technologie
Regulation (EC) No 1896/2006 — European order for payment procedure — Application for an order which does not comply with the formal requirements laid down by national law — Exhaustive nature of the requirements to be met by the application — Whether it is possible to claim the interest accrued up to the date of payment of the principal
Reference for a preliminary ruling from the Sąd Okręgowy we Wrocławiu
Language of the case: Polish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 28 June 2012
ECLI:EU:C:2012:400 |
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Judgment of the Court (First Chamber), 13 December 2012
ECLI:EU:C:2012:794 |
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Case C‑226/11 Expedia v Autorité de la concurrence and Others
Competition — Article 101(1) TFEU — Agreements, decisions and concerted practices — Appreciable restriction — Regulation (EC) No 1/2003 — Article 3(2) — National competition authority — Practices which may affect trade between Member States — Proceedings and penalty — Market share thresholds of the de minimis notice not attained — Restrictions by object
Reference for a preliminary ruling from the la Cour de cassation (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 6 September 2012
ECLI:EU:C:2012:544 |
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Judgment of the Court (Second Chamber), 13 December 2012
ECLI:EU:C:2012:795 |
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Joined Cases C‑237/11 and C‑238/11 France v Parliament
Actions for annulment — Law governing the institutions — Calendar of plenary part-sessions of the European Parliament for 2012 and 2013 — Protocols on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 6 September 2012
ECLI:EU:C:2012:545 |
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Judgment of the Court (Third Chamber), 13 December 2012
ECLI:EU:C:2012:796 |
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Case C‑379/11 Caves Krier Frères v Administration de l'emploi
Freedom of movement for workers – Article 45 TFEU – Subsidy for the recruitment of older unemployed persons and the long-term unemployed – Condition of registration with a placement office of the national employment administration – Residence condition – Restriction – Justification
Reference for a preliminary ruling from the Cour administrative (Luxembourg)
Language of the case: French
| Summary |
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Opinion of Advocate General Sharpston delivered on 27 September 2012
ECLI:EU:C:2012:596 |
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Judgment of the Court (Second Chamber), 13 December 2012
ECLI:EU:C:2012:798 |
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Case C‑395/11 BLV Wohn- und Gewerbebau v Finanzamt Lüdenscheid
Taxation — Sixth VAT Directive — Decision 2004/290/EC — Manner in which a Member State applies a derogating measure — Authorisation — Article 2, point (1) — ‘Construction work’ — Interpretation — Supplies of goods covered — Possibility for the derogating measure to be applied only in part — Restrictions
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 12 September 2012
ECLI:EU:C:2012:564 |
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Judgment of the Court (First Chamber), 13 December 2012
ECLI:EU:C:2012:799 |
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Case C‑465/11 Forposta and ABC Direct Contact v Poczta Polska
Directive 2004/18/EC — Article 45(2), first subparagraph, point (d) – Directive 2004/17/EC — Articles 53(3) and 54(4) — Public procurement — Postal services sector — Exclusion criteria in relation to the procedure for the award of a contract — Grave professional misconduct — Protection of the public interest — Maintenance of fair competition
Reference for a preliminary ruling from the Krajowa Izba Odwoławcza
Language of the case: Polish
| Summary |
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Judgment of the Court (Third Chamber), 13 December 2012
ECLI:EU:C:2012:801 |
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Case C‑670/11 FranceAgriMer v Vinifrance
Protection of the European Union’s financial interests — Regulation (EC, Euratom) No 2988/95 — Articles 4 and 5 — Administrative penalty — Administrative measure — Regulation (EEC) No 822/87 — Aid for the private storage of concentrated grape must — Community origin — Regulation (EEC) No 1059/83 — Long-term storage contract — Article 2(2) — Article 17(1)(b) — Reduction of the amount of aid in relation to the seriousness of the breach committed
Reference for a preliminary ruling from the le Conseil d’État (France)
Language of the case: French
| Summary |
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Judgment of the Court (Fourth Chamber), 13 December 2012
ECLI:EU:C:2012:807 |
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Case C‑11/12 Maatschap L.A. en D.A.B. Langestraat en P. Langestraat-Troost v Staatssecretaris van Economische Zaken, Landbouw en Innovatie
Common agricultural policy — Integrated administration and control system — Reduction of or exclusion from payments in the event of non-compliance with cross-compliance rules — Vicarious liability
Reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
| Summary |
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Judgment of the Court (First Chamber), 13 December 2012
ECLI:EU:C:2012:808 |
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Case C‑534/10 P Brookfield New Zealand and Elaris v CPVO
Appeal — Community plant variety rights — Regulation (EC) No 2100/94 — Article 73(2) — Decision of the Board of Appeal of the CPVO refusing an application for a Community plant variety right — Discretion — Review by the General Court — Article 55(4) read in conjunction with Article 61(1)(b) — Right of the CPVO to make a new request for the submission of plant material
Language of the case: English
| Summary |
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Opinion of Advocate General Mazák delivered on 12 July 2012
ECLI:EU:C:2012:441 |
|
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Judgment of the Court (First Chamber), 19 December 2012
ECLI:EU:C:2012:813 |
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Case C‑577/10 Commission v Belgium
Failure of a Member State to fulfil obligations — Article 56 TFEU — Freedom to provide services — National legislation which imposes a prior declaration requirement on self-employed service providers established in other Member States — Criminal penalties — Obstacle to freedom to provide services — Objectively justified distinction — Overriding requirements in the public interest — Prevention of fraud — Protection against unfair competition — Protection of self-employed workers — Proportionality
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 19 July 2012
ECLI:EU:C:2012:477 |
|
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Judgment of the Court (Fourth Chamber), 19 December 2012
ECLI:EU:C:2012:814 |
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Case C‑68/11 Commission v Italy
Failure of a Member State to fulfil obligations — Environment — Directive 1999/30/EC — Pollution control — Limit values for concentrations of PM10 in ambient air
Language of the case: Italian
| Summary |
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Judgment of the Court (First Chamber), 19 December 2012
ECLI:EU:C:2012:815 |
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Case C‑149/11 Leno Merken v Hagelkruis Beheer
Community trade mark — Regulation (EC) No 207/2009 — Article 15(1) — ‘Genuine use of the trade mark’ — Territorial scope of use — Use of the Community trade mark in a single Member State — Whether sufficient
Reference for a preliminary ruling from the Gerechtshof ’s-Gravenhage
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 5 July 2012
ECLI:EU:C:2012:422 |
|
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Judgment of the Court (Second Chamber), 19 December 2012
ECLI:EU:C:2012:816 |
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Case C‑159/11 Azienda Sanitaria Locale di Lecce v Ordine degli Ingegneri della Provincia di Lecce and Others
Public contracts — Directive 2004/18/EC — Article 1(2)(a) and (d) — Services — Study and evaluation of the seismic vulnerability of hospital structures — Contract concluded between two public entities, one of which is a university — Public entity capable of being classified as an economic operator — Contract for pecuniary interest — Consideration not exceeding the costs incurred
Reference for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Trstenjak delivered on 23 May 2012
ECLI:EU:C:2012:303 |
|
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Judgment of the Court (Grand Chamber), 19 December 2012
ECLI:EU:C:2012:817 |
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Case C‑207/11 3D I v Agenzia delle Entrate Ufficio di Cremona
Taxation — Directive 90/434/EEC — Common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States — Articles 2, 4 and 9 — Transfer of assets — Taxation of the capital gains obtained by the transferring company at the time of the transfer of assets — Deferral of taxation — Requirement that a reserve fund for the suspended tax corresponding to the value of the capital gains obtained be carried over in the balance sheet of the transferring company
Reference for a preliminary ruling from the Commissione tributaria regionale di Milano (Italy)
Language of the case: Italian
| Summary |
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Opinion of Advocate General Jääskinen delivered on 10 July 2012
ECLI:EU:C:2012:433 |
|
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Judgment of the Court (First Chamber), 19 December 2012
ECLI:EU:C:2012:818 |
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Case C‑288/11 P Mitteldeutsche Flughafen and Flughafen Leipzig-Halle v Commission
Appeal — State aids — Concept of ‘undertaking’ — Economic activity — Airport infrastructure construction — Runway
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber), 19 December 2012
ECLI:EU:C:2012:821 |
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Case C‑310/11 Grattan v Commissioners of Her Majesty's Revenue & Customs
Taxation — VAT — Second Directive 67/228/EEC — Article 8(a) — Sixth Directive 77/388/EEC — Supply of goods — Basis of assessment — Commission paid by a mail order company to its agent — Purchases by third-party customers — Price reduction after the chargeable event — Direct effect
Reference for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 13 September 2012
ECLI:EU:C:2012:568 |
|
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Judgment of the Court (Second Chamber), 19 December 2012
ECLI:EU:C:2012:822 |
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Case C‑314/11 P Commission v Planet
Appeal — Protection of the financial interests of the European Union — Identification of the level of risk associated with an entity — Early warning system — OLAF investigation — Decisions — Requests for activation of W1a and W1b warnings — Reviewable measures — Admissibility
Language of the case: Greek
| Summary |
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Judgment of the Court (First Chamber), 19 December 2012
ECLI:EU:C:2012:823 |
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Case C‑325/11 Alder and Alder v Orlowska and Orlowski
Regulation (EC) No 1393/2007 — Service of documents — Party domiciled in the territory of another Member State — Representative domiciled in national territory — None — Procedural documents placed in the case file — Presumption of knowledge
Reference for a preliminary ruling from the Sąd Rejonowy w Koszalinie
Language of the case: Polish
| Summary |
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Opinion of Advocate General Bot delivered on 20 September 2012
ECLI:EU:C:2012:583 |
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Judgment of the Court (First Chamber), 19 December 2012
ECLI:EU:C:2012:824 |
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Case C‑363/11 Epitropos tou Elegktikou Sinedriou sto Ipourgio Politismou kai Tourismou v Ipourgio Politismou kai Tourismou – Ipiresia Dimosionomikou Elenchou
Reference for a preliminary ruling — Concept of ‘court or tribunal of a Member State’ within the meaning of Article 267 TFEU — Proceedings intended to lead to a decision of a judicial nature — National court of auditors ruling on prior authorisation of public expenditure — Inadmissibility
Reference for a preliminary ruling from the Elegktiko Sinedrio (Greece)
Language of the case: Greek
| Summary |
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Opinion of Advocate General Sharpston delivered on 20 September 2012
ECLI:EU:C:2012:584 |
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Judgment of the Court (Third Chamber), 19 December 2012
ECLI:EU:C:2012:825 |
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Case C‑364/11 Abed El Karem El Kott and Others v Bevándorlási és Állampolgársági Hivatal
Directive 2004/83/EC — Minimum standards for determining who qualifies for refugee status or subsidiary protection status — Stateless persons of Palestinian origin who have in fact availed themselves of assistance from the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) — The right of those stateless persons to recognition as refugees on the basis of the second sentence of Article 12(1)(a) of Directive 2004/83 — Conditions under which applicable — Cessation of UNRWA assistance ‘for any reason’ — Evidence — Consequences for the persons concerned seeking refugee status — Persons ‘ipso facto … entitled to the benefits of [the] Directive’ — Automatic recognition as a ‘refugee’ within the meaning of Article 2(c) of Directive 2004/83 and the granting of refugee status in accordance with Article 13 thereof
Reference for a preliminary ruling from the Fővárosi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Sharpston delivered on 13 September 2012
ECLI:EU:C:2012:569 |
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Judgment of the Court (Grand Chamber), 19 December 2012
ECLI:EU:C:2012:826 |
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Case C‑549/11 Direktor na Direktsia Obzhalvane i upravlenie na izpalnenieto v Orfey Balgaria
VAT — Directive 2006/112/EC — Articles 63, 65, 73 and 80 — Establishment by natural persons of a building right in favour of a company in exchange for construction services by that company for those persons — Barter contract — VAT on construction services — Chargeable event — When chargeable — Payment on account of the entire consideration — Payment on account — Basis of assessment for a transaction in the event of consideration in the form of goods or services — Direct effect
Reference for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Eighth Chamber), 19 December 2012
ECLI:EU:C:2012:832 |
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Case C‑579/11 GAMP v Ministério da Agricultura, do Mar, do Ambiente e do Ordenamento do Território and Others
Structural funds — Regulation (EC) No 1083/2006 — Geographical eligibility — Implementation of an investment co-financed by the European Union from a place located outside of the eligible regions and by an operator established in such a place
Reference for a preliminary ruling from the tribunal administrativo e fiscal do Porto
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Third Chamber), 19 December 2012
ECLI:EU:C:2012:833 |
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Information (on unpublished decisions)
Case C‑682/11 P GS v Parliament and Council
Appeal — Regulation (EU) No 1210/2010 — Authentication of euro coins — Handling of euro coins unfit for circulation — Article 8(2) — Right of Member States to refuse to reimburse euro coins unfit for circulation — Action for annulment — Admissibility — Person directly concerned
Case C‑560/11 Debiasi v Agenzia delle Entrate Ufficio di Parma
Articles 53(2) and 94 of the Rules of Procedure of the Court — Manifest inadmissibility — Article 99 of the Rules of Procedure — Reply leaving room for no reasonable doubt — Taxation — VAT — Article 17(2)(a) of the Sixth VAT Directive — Deduction of input tax paid — Public or private healthcare establishments engaged in an exempt activity — National legislation excluding deduction of the tax on the purchase of goods or services used in exempt activities — Deductible proportion
Case C‑593/11 P Alliance One International v Commission
Appeal — Competition — Agreements, decisions or concerted practices — Italian market for the purchase and first processing of raw tobacco — Price-fixing and market-sharing — Attributability of unlawful conduct of subsidiaries to their parent companies — Presumption of innocence — Rights of defence — Obligation to state reasons
Case C‑654/11 P Transcatab v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Italian market for the purchasing and primary processing of raw tobacco — Price fixing and market sharing — Attribution of liability for the unlawful conduct of a subsidiary to its parent company — Presumption of innocence — Rights of the defence — Obligation to state the reasons on which a decision is based — Principle of equal treatment
Case C‑279/11 Commission v Ireland
Failure of a Member State to fulfil obligations — Directive 85/337/EEC — Assessment of the effects of certain public and private projects on the environment — Incorrect transposition — Annexe II — Point 1(a) to (c) — Judgment of the Court of Justice — Finding of infringement — Article 260 TFEU — Pecuniary penalties — Lump sum payment — Member State’s ability to pay — Economic crisis — Assessment on the basis of current economic data
Case C‑374/11 Commission v Ireland
Failure of a Member State to fulfil obligations — Directive 75/442/EEC — Domestic waste waters discharged through septic tanks in the countryside — Judgment of the Court finding that a Member State has failed to fulfil obligations — Article 260(2) TFEU — Measures to ensure compliance with a judgment of the Court — Financial penalties — Penalty payment — Lump sum
Case C‑445/11 P Bavaria v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Dutch beer market — Commission decision finding an infringement of Article 81 EC — Fines — Duration of the administrative procedure — Level of the fine
Case C‑452/11 P Heineken Nederland and Heineken v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Dutch beer market — Commission decision establishing a breach of Article 81 EC — Fines — Duration of the administrative procedure — Level of the fine
January 2013
Case C‑416/10 Križan and Others v Slovenská inšpekcia životného prostredia
Article 267 TFEU — Annulment of a judicial decision — Referral back to the court concerned — Obligation to comply with the annulment decision — Request for a preliminary ruling — Whether possible — Environment — Aarhus Convention — Directive 85/337/EEC — Directive 96/61/EC — Public participation in the decision-making process — Construction of a landfill site — Application for a permit — Trade secrets — Non-communication of a document to the public — Effect on the validity of the decision authorising the landfill site — Rectification — Assessment of the environmental impact of the project — Final opinion prior to accession of the Member State to the European Union — Application in time of Directive 85/337 — Effective legal remedy — Interim measures — Suspension of implementation — Annulment of the contested decision — Right to property — Interference
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
| Summary |
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Opinion of Advocate General Kokott delivered on 19 April 2012
ECLI:EU:C:2012:218 |
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Judgment of the Court (Grand Chamber), 15 January 2013
ECLI:EU:C:2013:8 |
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Case C‑206/11 Köck v Schutzverband gegen unlauteren Wettbewerb
Consumer protection — Unfair business-to-consumer commercial practices in the internal market — Legislation of a Member State providing for prior authorisation of announcements of sales
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Trstenjak delivered on 6 September 2012
ECLI:EU:C:2012:543 |
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Judgment of the Court (First Chamber), 17 January 2013
ECLI:EU:C:2013:14 |
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Case C‑224/11 BGŻ Leasing v Dyrektor Izby Skarbowej w Warszawie
VAT — Leasing services supplied together with insurance for the leased item, subscribed to by the lessor and invoiced by the latter to the lessee — Classification — Single complex service or two distinct services — Exemption — Insurance transaction
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Judgment of the Court (Sixth Chamber), 17 January 2013
ECLI:EU:C:2013:15 |
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Case C‑360/11 Commission v Spain
Failure of a Member State to fulfil obligations — Value added tax — Directive 2006/112/EC — Application of a reduced rate — Articles 96 and 98(2) — Points 3 and 4 of Annex III — ‘Pharmaceutical products normally used for health care, prevention of illnesses and as treatment for medical and veterinary purposes’ — ‘Medical equipment, aids and other appliances normally intended to alleviate or treat disability, for the exclusive personal use of the disabled’
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Jääskinen delivered on 25 October 2012
ECLI:EU:C:2012:667 |
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Judgment of the Court (Third Chamber), 17 January 2013
ECLI:EU:C:2013:17 |
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Case C‑361/11 Hewlett-Packard Europe v Inspecteur van de Belastingdienst/Douane West, kantoor Hoofddorp
Common Customs Tariff — Combined Nomenclature — Tariff classification — Multifunctional printers combining a laser printing module and a scanning module, with a copying function — CN code 8443 31 91 — Validity of Regulation (EC) No 1031/2008
Request for a preliminary ruling from the Rechtbank te Haarlem
Language of the case: Dutch
| Summary |
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Judgment of the Court (First Chamber), 17 January 2013
ECLI:EU:C:2013:18 |
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Case C‑543/11 Woningstichting Maasdriel v Staatssecretaris van Financiën
Value added tax — Directive 2006/112/EC — Article 135(1)(k), read in conjunction with Article 12(1) and (3) — Land which has not been built on — Building land — Definitions — Demolition work for the purposes of future construction — Exemption from VAT
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Eighth Chamber), 17 January 2013
ECLI:EU:C:2013:20 |
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Case C‑623/11 Société Geodis Calberson GE v FranceAgriMer
Agriculture — Food aid — Regulation (EC) No 111/1999 — Programme to supply agricultural products to the Russian Federation — Successful tenderer for a contract for the transport of beef — Conferring of jurisdiction — Arbitration clause
Request for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
| Summary |
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Judgment of the Court (First Chamber), 17 January 2013
ECLI:EU:C:2013:22 |
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Case C‑23/12 :
Regulation (EC) No 562/2006 — Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Alleged violation of the right to respect for human dignity — Effective judicial protection — Right of access to a court
Request for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
| Summary |
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Judgment of the Court (Fifth Chamber), 17 January 2013
ECLI:EU:C:2013:24 |
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Case C‑283/11 Sky Österreich v Österreichischer Rundfunk
Directive 2010/13/EU — Provision of audiovisual media services — Article 15(6) –Validity — Events of high interest to the public that are subject to exclusive broadcasting rights — Right of access of broadcasters to such events for the purpose of making short news reports — Limitation of possible compensation for the holder of the exclusive right to additional costs incurred in providing such access — Charter of Fundamental Rights of the European Union — Articles 16 and 17 — Proportionality
Request for a preliminary ruling from the Bundeskommunikationssenat
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 12 June 2012
ECLI:EU:C:2012:341 |
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Judgment of the Court (Grand Chamber), 22 January 2013
ECLI:EU:C:2013:28 |
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Case C‑286/11 P Commission v Tomkins
Appeal — Competition — Agreements, decisions and concerted practices — European market for copper and copper alloy fittings — Liability of the parent company stemming solely from the unlawful conduct of its subsidiary — Principle of ne ultra petita — Effect on the legal situation of the parent company of an annulment determined by a judgment concerning a subsidiary
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 19 July 2012
ECLI:EU:C:2012:499 |
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Judgment of the Court (Grand Chamber), 22 January 2013
ECLI:EU:C:2013:29 |
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Case C‑529/09 Commission v Spain
Failure of a Member State to fulfil obligations — State aid incompatible with the common market — Obligation of recovery — Failure to comply with a Commission decision — Objection of inadmissibility — Res judicata by means of a previous judgment of the Court
Language of the case: Spanish
| Summary |
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Judgment of the Court (First Chamber), 24 January 2013
ECLI:EU:C:2013:31 |
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Case C‑73/11 P Frucona Košice v Commission
Appeal — State aid — Cancellation of 65% of a tax debt in a collective bankruptcy procedure — Decision declaring the aid to be incompatible with the internal market and ordering its recovery — Private creditor test — Limits of judicial review — Substitution by the General Court of its own grounds for those set out in the contested decision — Manifest error of assessment — Distortion of evidence
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 6 September 2012
ECLI:EU:C:2012:535 |
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Judgment of the Court (Second Chamber), 24 January 2013
ECLI:EU:C:2013:32 |
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Joined Cases C‑186/11 and C‑209/11 Stanleybet Malta and Others v Ipourgos Oikonomias kai Oikonomikon and Others
Articles 43 and 49 EC — National legislation granting an exclusive right for the running, management, organisation and operation of games of chance to a single undertaking, in the form of a public limited company listed on the stock exchange — Advertising of the games and expansion in other Member States of the European Union — State controls
Requests for a preliminary ruling from the Simvoulio tis Epikratias
Language of the case: Greek
| Summary |
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Opinion of Advocate General Mazák delivered on 20 September 2012
ECLI:EU:C:2012:582 |
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Judgment of the Court (Fourth Chamber), 24 January 2013
ECLI:EU:C:2013:33 |
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Case C‑396/11 Ministerul Public v Radu
Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and surrender procedures between Member States — European arrest warrant issued for the purposes of prosecution — Grounds for refusing execution
Request for a preliminary ruling from the Curtea de Apel Constanţa
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Sharpston delivered on 18 October 2012
ECLI:EU:C:2012:648 |
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Judgment of the Court (Grand Chamber), 29 January 2013
ECLI:EU:C:2013:39 |
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Case C‑12/11 McDonagh v Ryanair
Air transport — Regulation (EC) No 261/2004 — Notion of ‘extraordinary circumstances’ — Obligation to provide assistance to passengers in the event of cancellation of a flight due to ‘extraordinary circumstances’ — Volcanic eruption leading to the closure of air space — Eruption of the Icelandic volcano Eyjafjallajökull
Request for a preliminary ruling from the Dublin Metropolitan District Court
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 22 March 2012
ECLI:EU:C:2012:161 |
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Judgment of the Court (Third Chamber), 31 January 2013
ECLI:EU:C:2013:43 |
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Case C‑26/11 Belgische Petroleum Unie and Others v Belgische Staat
Directive 98/70/EC — Quality of petrol and diesel fuels — Articles 3 to 5 — Environmental specifications for fuels — Directive 98/34/EC — Information procedure in the field of technical standards and regulations and of rules on Information Society services — Articles 1 and 8 — Definition of ‘technical regulation’ — Obligation to communicate draft technical regulations — National rules requiring petroleum companies placing petrol and/or diesel fuels on the market in the same calendar year also to place on the market a quantity of biofuels
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 19 July 2012
ECLI:EU:C:2012:480 |
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Judgment of the Court (Third Chamber), 31 January 2013
ECLI:EU:C:2013:44 |
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Case C‑175/11 D. and A. v Refugee Applications Commissioner and Others
Request for a preliminary ruling – Common European Asylum System – Application by a national of a third country seeking refugee status – Directive 2005/85/EC – Article 23 – Possibility of prioritising the processing of asylum applications – National procedure applying a prioritised procedure for the examination of applications by persons belonging to a certain category defined on the basis of nationality or country of origin – Right to an effective judicial remedy – Article 39 of Directive 2005/85 – Concept of ‘court or tribunal’ within the meaning of that article
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 6 September 2012
ECLI:EU:C:2012:541 |
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Judgment of the Court (Second Chamber), 31 January 2013
ECLI:EU:C:2013:45 |
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Case C‑394/11 Belov v CHEZ Elektro Balgaria and CHEZ Razpredelenie Balgaria
Request for a preliminary ruling — Article 267 TFEU — Concept of ‘national court’ — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Komisia za zashtita ot diskriminatsia
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Kokott delivered on 20 September 2012
ECLI:EU:C:2012:585 |
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Judgment of the Court (Fourth Chamber), 31 January 2013
ECLI:EU:C:2013:48 |
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Case C‑642/11 Stroy trans v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Taxation — VAT — Directive 2006/112/EC — Principle of fiscal neutrality — Right of deduction — Refusal — Article 203 — Entry of the VAT on the invoice — Chargeability — Existence of a taxable transaction — Identical determination in respect of the issuer of the invoice and its recipient — Necessity
Request for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Third Chamber), 31 January 2013
ECLI:EU:C:2013:54 |
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Case C‑643/11 LVK - 56 v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Taxation — VAT — Directive 2006/112/EC — Principle of fiscal neutrality — Right of deduction — Refusal — Article 203 — Entering of the VAT on the invoice — Chargeability — Existence of a taxable transaction — Identical determination in respect of the issuer of the invoice and its recipient — Necessity
Request for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Third Chamber), 31 January 2013
ECLI:EU:C:2013:55 |
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Information (on unpublished decisions)
Case C‑650/11 Brunovskis v Lauku atbalsta dienests
Common agricultural policy — Regulation (EC) No 1782/2003 — Implementation of support schemes in the new Member States — Complementary national direct payments — Conditions for grant — Regulation (EC) No 1973/2004 — Inapplicable
Case C‑541/11 Grilc v Slovensko zavarovalno združenje GIZ
Article 104(3), second subparagraph, of the Rules of Procedure — Insurance against civil liability in respect of the use of motor vehicles — Directive 2000/26/EC — Compensation bodies — Claim for compensation brought before a national court
Case C‑21/12 P Abbott Laboratories v OHIM
Appeal — Community trade mark — Word mark ‘RESTORE’ — Refusal to register — Absolute grounds for refusal — Descriptive character — Lack of distinctiveness — Right to be heard — Regulation (EC) No 207/2009 — Articles 7 (1)(b) and (c) and 75, second sentence — Equal treatment
Case C‑173/12 P Verenigde Douaneagenten v Commission
Appeal — Article 220(2) of the Customs Code — Post-clearance recovery of import duties — Incorrect presentation of the facts — Import of raw cane sugar
Case C‑261/12 P Del Prete v Armani and OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Likelihood of confusion — Reputation — Figurative sign ‘AJ AMICI JUNIOR’ — Opposition by the holder of the earlier national figurative mark AJ ARMANI JEANS and of the earlier national word mark ARMANI JUNIOR
Case C‑646/11 P 3F (formerly SID) v Commission
Appeal — State aid — Tax-reduction measures — Seafarers working on board vessels registered in the Danish International Register — Article 88(3) EC — Preliminary examination stage — Commission decision not to raise objections — Action for annulment — Conditions for initiating the formal investigation procedure — Existence of doubts regarding the compatibility of the aid with the common market — Period for the examination
Case C‑118/12 P Enviro Tech Europe v Commission
Appeal — Directives 67/548/EEC and 2004/73/EC — Classification, packaging and labelling of dangerous substances — Classification of n-propyl-bromide
Case C‑301/11 Commission v Netherlands
Tax legislation — Transfer of a residence for tax purposes — Freedom of establishment — Article 49 TFEU — Taxation of unrealised capital gains — Immediate exit tax
February 2013
Case C‑543/10 Refcomp v Axa Corporate Solutions assurance and Others
Judicial cooperation in civil matters — Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001 — Interpretation of Article 23 — Jurisdiction clause in a contract concluded between the manufacturer and the initial buyer of goods — Contract forming part of a chain of contracts transferring ownership — Whether that clause may be relied on against the sub-buyer of the goods
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Jääskinen delivered on 18 October 2012
ECLI:EU:C:2012:637 |
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Judgment of the Court (First Chamber), 7 February 2013
ECLI:EU:C:2013:62 |
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Case C‑454/11 Pusts v Lauku atbalsta dienests
Agriculture — EAGGF — Regulations (EC) No 1257/1999 and No 817/2004 — Support for rural development — Recovery of undue payments — National rules making the grant of agri-environmental aid subject to an annual application accompanied by specific documents — Beneficiary who has complied with his obligations regarding use of the area concerned but who has not submitted an application in accordance with those rules — Withdrawal of the aid, without consulting the beneficiary, in the event of failure by the latter to comply with the provisions applicable to the submission of an application for agri-environmental aid
Request for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
| Summary |
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Judgment of the Court (Third Chamber), 7 February 2013
ECLI:EU:C:2013:64 |
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Case C‑68/12 Slovenská sporiteľňa v Protimonopolný úrad Slovenskej republiky
Agreements, decisions and concerted practices — Agreement concluded between a number of banks — Competitor allegedly operating unlawfully on the market concerned — Effect — None
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
| Summary |
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Judgment of the Court (Tenth Chamber), 7 February 2013
ECLI:EU:C:2013:71 |
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Case C‑123/11 Proceedings brought by A Oy
Freedom of establishment — Article 49 TFEU — Tax legislation — Merger of a parent company established in one Member State with a subsidiary established in another Member State — Deductibility by the parent company of the subsidiary’s losses arising from its activity — Exclusion for non-resident subsidiaries
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Kokott delivered on 19 July 2012
ECLI:EU:C:2012:488 |
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Judgment of the Court (Fourth Chamber), 21 February 2013
ECLI:EU:C:2013:84 |
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Case C‑243/11 RVS Levensverzekeringen v Belgische Staat
Direct life assurance — Annual tax on assurance transactions — Directive 2002/83/EC — Articles 1(1)(g) and 50 — Definition of ‘Member State of the commitment’ — Assurance undertaking established in the Netherlands — Policyholder having taken out an assurance contract in the Netherlands and transferred his habitual residence to Belgium after the contract was concluded — Freedom to provide services
Request for a preliminary ruling from the rechtbank van eerste aanleg te Brussel
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 6 September 2012
ECLI:EU:C:2012:546 |
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Judgment of the Court (First Chamber), 21 February 2013
ECLI:EU:C:2013:85 |
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Case C‑282/11 Salgado González v INSS and TGSS
Article 48 TFEU — Social security for migrant workers — Regulation (EEC) No 1408/71 and (EC) No 883/2004 — Old-age and survivor’s insurance — Special provisions for the application of national legislation relating to old-age pensions — Calculation of benefits
Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Mazák delivered on 13 September 2012
ECLI:EU:C:2012:567 |
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Judgment of the Court (First Chamber), 21 February 2013
ECLI:EU:C:2013:86 |
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Case C‑332/11 ProRail v Xpedys and Others
Regulation (EC) No 1206/2001 — Cooperation in the taking of evidence in civil and commercial matters — Direct taking of evidence — Designation of an expert — Task carried out partly in the Member State of the referring court and partly in another Member State
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Jääskinen delivered on 6 September 2012
ECLI:EU:C:2012:551 |
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Judgment of the Court (First Chamber), 21 February 2013
ECLI:EU:C:2013:87 |
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Case C‑472/11 Banif Plus Bank v Csipai and Csipai
Directive 93/13/EEC — Unfair terms in consumer contracts — Examination by the national court, of its own motion, as to whether a term is unfair — Obligation on the national court, once it has found, of its own motion, that a term is unfair, to invite the parties to submit their observations before drawing conclusions from that finding — Contractual terms to be taken into account in the assessment of that unfairness
Request for a preliminary ruling from the Fővárosi Bíróság (now the Fővárosi Törvényszék)
Language of the case: Hungarian
| Summary |
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Judgment of the Court (First Chamber), 21 February 2013
ECLI:EU:C:2013:88 |
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Case C‑561/11 Fédération Cynologique Internationale v Federación Canina Internacional de Perros de Pura Raza
Community trade marks — Regulation (EC) No 207/2009 — Article 9(1) — Concept of ‘third party’ — Proprietor of a later Community trade mark
Request for a preliminary ruling from the Juzgado de lo Mercantil No 1 de Alicante y No 1 de Marca Comunitaria
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 15 November 2012
ECLI:EU:C:2012:722 |
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Judgment of the Court (First Chamber), 21 February 2013
ECLI:EU:C:2013:91 |
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Case C‑619/11 Dumont de Chassart v ONAFTS
Social security — Regulation (EEC) No 1408/71 — Articles 72, 78(2)(b) and 79(1)(a) — Family benefits for orphans — Aggregation of periods of insurance and employment — Periods completed by the surviving parent in another Member State — Not taken into account
Request for a preliminary ruling from the tribunal du travail de Bruxelles
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 13 December 2012
ECLI:EU:C:2012:805 |
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Judgment of the Court (Third Chamber), 21 February 2013
ECLI:EU:C:2013:92 |
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Case C‑18/12 Město Žamberk v Finanční ředitelství v Hradci, now Odvolací finanční ředitelství
Taxation — VAT — Directive 2006/112/EC — Article 132(1)(m) — Exemption — Supply of services closely linked to sport or physical education — Taking part in sporting activities of a non-organised and unsystematic nature — Municipal aquatic park
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Judgment of the Court (Fifth Chamber), 21 February 2013
ECLI:EU:C:2013:95 |
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Case C‑46/12 L. N.
Citizenship of the Union — Freedom of movement for workers — Principle of equal treatment − Article 45(2) TFEU — Regulation (EEC) No 1612/68 — Article 7(2) − Directive 2004/38/EC — Article 24(1) and (2) — Derogation from the principle of equal treatment for maintenance aid for studies consisting in student grants or student loans — European Union citizen studying in a host Member State — Paid employment prior to and subsequent to the start of studies − Principal objective of the person concerned at the time of entry on the territory of the host Member State — Effect on his classification as worker and on his entitlement to student grants
Request for a preliminary ruling from the Ankenævnet for Uddannelsesstøtten
Language of the case: Danish
| Summary |
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Judgment of the Court (Third Chamber), 21 February 2013
ECLI:EU:C:2013:97 |
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Case C‑104/12 Finanzamt Köln-Nord v Becker
Sixth VAT Directive — Article 17(2)(a) — Right to deduct input tax — Need for a direct and immediate link between an input and an output transaction — Criterion for determining that link — Services of lawyers performed in the context of criminal proceedings for corruption brought in a personal capacity against the managing director and main partner of a limited company
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber), 21 February 2013
ECLI:EU:C:2013:99 |
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Case C‑111/12 Ministero per i beni e le attività culturali and Others v Ordine degli Ingegneri di Verona e Provincia and Others
Directive 85/384/EEC — Mutual recognition of qualifications in the field of architecture — Articles 10 and 11(g) — National legislation recognising equivalence of qualifications in architecture and civil engineering, but reserving work on classified heritage buildings to architects — Principle of equal treatment — Situation purely internal to a Member State
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Fifth Chamber), 21 February 2013
ECLI:EU:C:2013:100 |
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Case C‑194/12 Maestre García v Centros Comerciales Carrefour
Article 99 of the Rules of Procedure — Directive 2003/88/EC — Organisation of working time — Entitlement to paid annual leave — Annual leave scheduled by the undertaking coinciding with sick leave — Entitlement to take annual leave at another time — Allowance in lieu of annual leave not taken
Request for a preliminary ruling from the Juzgado de lo Social de Benidorm
Language of the case: Spanish
| Summary |
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Order of the Court (Sixth Chamber), 21 February 2013
ECLI:EU:C:2013:102 |
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Case C‑617/10 Åklagaren v Åkerberg Fransson
Charter of Fundamental Rights of the European Union — Field of application — Article 51 — Implementation of European Union law — Punishment of conduct prejudicial to own resources of the European Union — Article 50 — Ne bis in idem principle — National system involving two separate sets of proceedings, administrative and criminal, to punish the same wrongful conduct — Compatibility
Request for a preliminary ruling from the Haparanda tingsrätt
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 12 June 2012
ECLI:EU:C:2012:340 |
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Judgment of the Court (Grand Chamber), 26 February 2013
ECLI:EU:C:2013:105 |
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Case C‑11/11 Air France v Folkerts and Folkerts
Request for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Articles 6 and 7 — Connecting flight(s) — Delay in arrival at the final destination — Delay equal to or in excess of three hours — A passenger’s right to compensation
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Grand Chamber), 26 February 2013
ECLI:EU:C:2013:106 |
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Case C‑399/11 Criminal proceedings against Stefano Melloni
Police and judicial cooperation in criminal matters — European arrest warrant — Surrender procedures between Member States — Decisions rendered at the end of proceedings in which the person concerned has not appeared in person — Execution of a sentence pronounced in absentia — Possibility of review of the judgment
Request for a preliminary ruling from the Tribunal Constitucional (Spain)
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Bot delivered on 2 October 2012
ECLI:EU:C:2012:600 |
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Judgment of the Court (Grand Chamber), 26 February 2013
ECLI:EU:C:2013:107 |
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Case C‑460/09 P Inalca and Cremonini v Commission
Appeal — Non-contractual liability of the European Union — Finding of irregularities in the refunds for beef and veal exported to Jordan — OLAF investigation — Communication of OLAF’s findings to the national authorities — Provision of guarantees — Claim for the reimbursement of the related costs — Causal link — Cross-appeal — Limitation period — Point from which time starts to run
Language of the case: Italian
| Summary |
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Opinion of Advocate General Jääskinen delivered on 18 October 2012
ECLI:EU:C:2012:632 |
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Judgment of the Court (First Chamber), 28 February 2013
ECLI:EU:C:2013:111 |
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Case C‑473/10 Commission v Hungary
Failure of a Member State to fulfil obligations — Development of the Community’s railways — Allocation of railway infrastructure capacity — Levying of charges for the use of railway infrastructure — Directives 91/440/EEC and 2001/14/EC — Incomplete transposition
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Jääskinen delivered on 6 September 2012
ECLI:EU:C:2012:523 |
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Judgment of the Court (First Chamber), 28 February 2013
ECLI:EU:C:2013:113 |
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Case C‑483/10 Commission v Spain
Failure of a Member State to fulfil obligations — Development of the Community’s railways — Directive 2001/14/EC — Allocation of railway infrastructure capacity — Levying of charges — Charges — Management independence
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Jääskinen delivered on 6 September 2012
ECLI:EU:C:2012:524 |
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Judgment of the Court (First Chamber), 28 February 2013
ECLI:EU:C:2013:114 |
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Case C‑555/10 Commission v Austria
Failure of a Member State to fulfil obligations — Transport — Development of the Community’s railways — Directive 91/440/EEC — Article 6(3) and Annex II — Directive 2001/14/EC — Articles 4(2) and 14(2) — Infrastructure manager — Organisational and decision-making independence — Holding company structure — Incomplete transposition
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 6 September 2012
ECLI:EU:C:2012:527 |
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Judgment of the Court (First Chamber), 28 February 2013
ECLI:EU:C:2013:115 |
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Case C‑556/10 Commission v Germany
Failure of a Member State to fulfil obligations — Transport — Development of the Community’s railways — Directive 91/440/EEC — Article 6(3) and Annex II — Directive 2001/14/EC — Articles 4(2) and 14(2) — Infrastructure manager — Organisational and decision-making independence — Holding company structure — Directive 2001/14 — Articles 7(3) and 8(1) — Setting charges on the basis of direct costs — Levying of charges — Direct costs — Total costs — Directive 2001/14 — Article 6(2) — No incentive to reduce costs — Directive 91/440 — Article 10(7) — Directive 2001/14 — Article 30(4) — Regulatory body — Powers
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 6 September 2012
ECLI:EU:C:2012:528 |
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Judgment of the Court (First Chamber), 28 February 2013
ECLI:EU:C:2013:116 |
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Case C‑168/11 Beker and Beker v Finanzamt Heilbronn
Free movement of capital — Income tax — Income from capital — Convention for the avoidance of double taxation — Dividends distributed by companies established in Member States and third countries — Calculation of the maximum amount of foreign withholding tax deductible against national income tax — Failure to take account of personal and lifestyle costs — Justification
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi, delivered on 12 July 2012
ECLI:EU:C:2012:452 |
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Judgment of the Court (Second Chamber), 28 February 2013
ECLI:EU:C:2013:117 |
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Case C‑425/11 Ettwein v Finanzamt Konstanz
Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Equal treatment — Self-employed frontier workers — Nationals of a Member State of the Union — Business income received in that Member State — Transfer of residence to Switzerland — Refusal of a tax advantage in that Member State because of the transfer of residence
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 18 October 2012
ECLI:EU:C:2012:650 |
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Judgment of the Court (Third Chamber), 28 February 2013
ECLI:EU:C:2013:121 |
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Case C‑427/11 Kenny and Others v Minister for Justice, Equality and Law Reform and Others
Article 141 EC — Directive 75/117/EEC — Equal pay for men and women — Indirect discrimination — Objective justification — Conditions
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 29 November 2012
ECLI:EU:C:2012:762 |
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Judgment of the Court (Third Chamber), 28 February 2013
ECLI:EU:C:2013:122 |
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Case C‑544/11 Petersen and Petersen v Finanzamt Ludwigshafen
Freedom to provide services — Freedom of movement for workers — Legislation of a Member State allowing exemption from taxation on income received for work carried out in another State in the context of development aid — Conditions — Establishment of the employer within the national territory — Refusal where the employer is established in another Member State
Request for a preliminary ruling from the Finanzgericht Rheinland-Pfalz
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber), 28 February 2013
ECLI:EU:C:2013:124 |
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Case C‑1/12 Ordem dos Técnicos Oficiais de Contas v Autoridade da Concorrência
Association of chartered accountants — Rules relating to a system of compulsory training for chartered accountants — Article 101 TFEU — Association of undertakings — Restriction of competition — Justifications — Article 106(2) TFEU
Request for a preliminary ruling from the Tribunal da Relação de Lisboa
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Second Chamber), 28 February 2013
ECLI:EU:C:2013:127 |
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Case C‑334/12 RX‑II Review Arango Jaramillo and Others v EIB
Review of the judgment in Case T‑234/11 P — Action for annulment — Admissibility — Time-limit for bringing proceedings — Time-limit not set by a provision of EU law — Concept of ‘reasonable period’ — Interpretation — Obligation on the Courts of the European Union to take account of the particular circumstances of each case — Right to an effective legal remedy — Article 47 of the Charter of Fundamental Rights of the European Union — Whether the consistency of EU law is affected
Language of the case: French
| Summary |
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Decision of the Court (Special Chamber provided for in Article 123b of the Rules of Procedure), 12 July 2012
ECLI:EU:C:2012:468 |
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View of Advocate General Mengozzi delivered on 21 November 2012
ECLI:EU:C:2012:733 |
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Judgment of the Court (Fourth Chamber), 28 February 2013
ECLI:EU:C:2013:134 |
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Information (on unpublished decisions)
Case C‑122/11 Commission v Belgium
Failure of a Member State to fulfil obligations — Regulation (EC) No 883/2004 — Coordination of social security systems – National rules precluding the indexation, during the period until 1 August 2004, of pensions of nationals of a Member State which has not concluded a reciprocal agreement or who do not satisfy the condition of residence in the European Union — Residence in a non-Member State — Breach of the principle of non-discrimination on grounds of nationality — Inadmissible
Case C‑517/11 Commission v Greece
Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Conservation of natural habitats — Article 6(2) — Deterioration and pollution of Lake Koroneia — Protection — Inadequacy of the measures taken — Directive 91/271/EEC — Urban waste-water treatment — Articles 3 and 4(1) and (3) — Agglomeration of Langada — System for the collection and treatment of urban waste-water — ‘Absence’
Case C‑117/12 La Retoucherie de Manuela v La Retoucherie de Burgos
Article 99 of the Rules of Procedure — Competition — Agreements between undertakings — Article 81 EC — Block exemption for vertical agreements — Regulation (EC) No 2790/1999 — Article 5(b) — Non-compete obligation imposed on the buyer upon expiry of a franchise agreement — Premises and land from which the buyer has operated during the contract period
Case C‑266/12 P Majtczak v Feng Shen Technology and OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 51(1)(b) — Applicant’s bad faith when filing the Community trade mark — Figurative mark ‘FS’ — Application for a declaration of invalidity
Case C‑304/12 P Kerstens v Commission
Appeal — Taxation of costs — Principle of non-discrimination — Obligation to state reasons — Distortion of the facts — Appeal manifestly inadmissible
Case C‑498/12 Pedone v Corrao
Request for a preliminary ruling — Charter of Fundamental Rights of the European Union — Requirement of link with EU law — Clear lack of jurisdiction of the Court
Case C‑499/12 Gentile v Ufficio Finanziario della Direzione Ufficio Territoriale di Tivoli and Others
Request for a preliminary ruling — Charter of Fundamental Rights of the European Union — Requirement of link with EU law — Clear lack of jurisdiction of the Court
Case C‑655/11 P Seven for all mankind v OHIM
Appeal — Community trade mark — Opposition proceedings — Earlier word mark — Element ‘SEVEN’ — Similarity of the signs — Likelihood of confusion — Relative ground for refusal
Case C‑37/12 P Saupiquet v Commission
Appeal — Common customs tariff — Tariff quotas — Sunday closure of customs offices — Infringement of the principle of equal treatment — Imputability
Case C‑79/12 Mora IPR v Direcţia Generală a Finanţelor Publice a Judeţului Sibiu and Direcţia Judeţeană pentru Accize şi Operaţiuni Vamale Sibiu
Taxation — VAT — Directive 2006/112/EC — Article 211 — Deferred payment of VAT on importation
Case C‑154/12 Isera & Scaldis Sugar and Others v Bureau d'intervention et de restitution belge
Article 99 of the Rules of Procedure — Agriculture — Common organisation of markets — Sugar — Regulation (EC) No 318/2006 — Article 16 — Regulation (EC) No 1234/2007 — Article 51 — Imposition of a charge on production — Validity — Lack of legal basis — Failure to state clear and unequivocal reasons — Infringement of the principle of non-discrimination — Infringement of the principle of proportionality
Case C‑312/12 Ajdini v État belge, Service des Allocations aux handicapés
Rules of Procedure — Articles 53(2), 93(a) and 99 — Request for a preliminary ruling — Examination of the conformity of a national provision with both EU law and the national constitution — National legislation granting priority to an interlocutory procedure for the review of constitutionality — Charter of Fundamental Rights of the European Union — Failure to implement European Union law — Clear absence of jurisdiction of the Court
Case C‑467/12 Gassiat v Ordre des avocats de Paris
Action brought by a natural person against a professional body — Application for a declaration of non-conformity with EU law of a decision of a professional body and the rules of operation of that body — Clear lack of jurisdiction of the Court
Case C‑465/09 P‑DEP Comunidad Autónoma de la Rioja v Diputación Foral de Álava and Others
Taxation of costs
Case C‑246/11 P Portugal v Commission
Appeal — European Regional Development Fund (ERDF) — Regulation (EEC) No 2052/88 — Article 13(3) — Regulation (EEC) No 4253/88 — Article 21(1) — Global grant for local development in Portugal — Reduction in financing
Case C‑563/11 Forvards V v Valsts ieņēmumu dienests
Article 99 of the Rules of Procedure — Taxation — VAT — Sixth Directive — Right to deduct — Refusal — Invoice issued by a company considered fictitious
Case C‑171/12 P Carrols v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 51(1)(b) — Community figurative mark Pollo Tropical CHICKEN ON THE GRILL — Application for a declaration of invalidity submitted by the proprietor of the national figurative mark Pollo Tropical CHICKEN ON THE GRILL and the national word mark POLLO TROPICAL — Absolute grounds for invalidity — Bad faith — Inadmissibility
Case C‑235/12 P H-Holding v Commission
Appeal — Action for failure to act — Article 265 TFEU — Actions for damages — Failure on the part of the Commission to initiate infringement proceedings — Manifest inadmissibility
Case C‑246/12 P Ellinika Nafpigeia v Commission
Appeal — State aid — Shipbuilding — Decision declaring aid measures incompatible with the common market — Protection of the essential interests of national security — Competition conditions in the internal market
March 2013
Case C‑547/10 P Switzerland v Commission
Appeal — External relations — Agreement between the European Community and the Swiss Confederation on air transport — Regulation (EEC) No 2408/92 — Access of Community air carriers to intra-Community air routes — Articles 8 and 9 — Scope — Exercise of traffic rights — Decision 2004/12/EC — German measures relating to the approaches to Zurich Airport — Duty to state reasons — Non-discrimination — Proportionality — Burden of proof
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 13 September 2012
ECLI:EU:C:2012:565 |
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Judgment of the Court (Third Chamber), 7 March 2013
ECLI:EU:C:2013:139 |
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Case C‑127/11 van den Booren v Rijksdienst voor Pensioenen
Social security for migrant workers — Article 46a of Regulation (EEC) No 1408/71 — National rules against overlapping — Old-age pension — Increase in the amount paid by a Member State — Survivor’s pension — Reduction in the amount paid by another Member State
Request for a preliminary ruling from the arbeidshof te Antwerpen
Language of the case: Dutch
| Summary |
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Judgment of the Court (Fifth Chamber), 7 March 2013
ECLI:EU:C:2013:140 |
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Case C‑275/11 GfBk v Finanzamt Bayreuth
Taxation — Value added tax — Directive 77/388/EEC — Exemption of the management of special investment funds — Scope
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 8 November 2012
ECLI:EU:C:2012:697 |
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Judgment of the Court (First Chamber), 7 March 2013
ECLI:EU:C:2013:141 |
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Case C‑358/11 Lapin ELY-keskus, liikenne ja infrastruktuuri v Lapin luonnonsuojelupiiri
Environment — Waste — Hazardous waste — Directive 2008/98/EC — Old telecommunications poles treated with CCA (copper-chromium-arsenic) solutions — Registration, evaluation and authorisation of chemicals — Regulation (EC) No 1907/2006 (REACH Regulation) — List of uses for treated wood in Annex XVII to the REACH Regulation — Old telecommunications poles used as underlay for duckboards
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Kokott delivered on 13 December 2012
ECLI:EU:C:2012:797 |
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Judgment of the Court (Second Chamber), 7 March 2013
ECLI:EU:C:2013:142 |
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Case C‑424/11 Wheels Common Investment Fund Trustees and Others v Commissioners for Her Majesty's Revenue and Customs
Value added tax — Directive 77/388/EEC — Exemption of the management of special investment funds — Scope — Occupational retirement pension schemes
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
| Summary |
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Judgment of the Court (First Chamber), 7 March 2013
ECLI:EU:C:2013:144 |
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Case C‑577/11 DKV Belgium v Association belge des consommateurs Test-Achats
Freedom to provide services — Freedom of establishment — Directives 73/239/EEC and 92/49/EEC — Direct insurance other than life assurance — Freedom to set rates — Health insurance contracts not linked to professional activity — Restrictions — Overriding reasons in the public interest
Request for a preliminary ruling from the cour d’appel de Bruxelles
Language of the case: French
| Summary |
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Judgment of the Court (Fourth Chamber), 7 March 2013
ECLI:EU:C:2013:146 |
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Case C‑607/11 ITV Broadcasting v TV Catch Up
Directive 2001/29/EC — Article 3(1) — Broadcasting by a third party over the internet of signals of commercial television broadcasters — ‘Live streaming’ — Communication to the public
Request for a preliminary ruling from the High Court of Justice (England and Wales) (Chancery Division)
Language of the case: English
| Summary |
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Judgment of the Court (Fourth Chamber), 7 March 2013
ECLI:EU:C:2013:147 |
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Case C‑182/12 Fekete v Nemzeti Adó- és Vámhivatal Közép-dunántúli Regionális Vám- és Pénzügyőri Főigazgatósága
Community Customs Code — Article 137 — Regulation implementing the Customs Code — Article 561(2) — Conditions for total relief from import duties — Importation into a Member State of a vehicle whose owner is established in a third country — Private use of the vehicle authorised by the owner otherwise than by an employment contract concluded with the user — No relief
Request for a preliminary ruling from the Székesfehérvári Törvényszék
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Eighth Chamber), 7 March 2013
ECLI:EU:C:2013:151 |
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Case C‑343/12 Euronics Belgium v Kamera Express and Kamera Express Belgium
Article 99 of the Rules of Procedure — Directive 2005/29/EC — National legislation laying down a general prohibition of offering for sale or selling goods at a loss
Request for a preliminary ruling from the rechtbank van koophandel te Gent
Language of the case: Dutch
| Summary |
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Order of the Court (Sixth Chamber), 7 March 2013
ECLI:EU:C:2013:154 |
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Case C‑551/12 P(R) EDF v Commission
Appeal — Application for interim measures — Concentrations — European electricity market — Acquisition of control of Segebel SA by EDF — Decision declaring the concentration compatible with the common market, subject to compliance with the commitments given by EDF — Refusal by the Commission to grant EDF postponement of the deadline for compliance with some of those commitments — Concepts of urgency and of serious and irreparable harm
Language of the case: English
| Summary |
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Order of the Vice-President of the Court, 7 March 2013
ECLI:EU:C:2013:157 |
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Case C‑32/11 Allianz Hungária Biztosító and Others v Gazdasági Versenyhivatal
Competition — Article 101(1) TFEU — Application of similar national regulations — Jurisdiction of the Court — Bilateral agreements between an insurance company and car repairers relating to hourly repair charges — Charges paid depending on the number of insurance contracts concluded for the insurance company by those repairers in their capacity as brokers — Concept of ‘agreement having as its object the restriction of competition’
Request for a preliminary ruling from the Magyar Köztársaság Legfelsőbb Bírósága
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 25 October 2012
ECLI:EU:C:2012:663 |
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Judgment of the Court (First Chamber), 14 March 2013
ECLI:EU:C:2013:160 |
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Case C‑216/11 Commission v France
Failure of a Member State to fulfil obligations — Council Directive 92/12/EEC — Excise duties — Tobacco products acquired in one Member State and transported to another Member State — Purely quantitative assessment criteria — Article 34 TFEU — Quantitative restrictions on imports
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 19 December 2012
ECLI:EU:C:2012:819 |
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Judgment of the Court (Fourth Chamber), 14 March 2013
ECLI:EU:C:2013:162 |
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Case C‑415/11 Aziz v Catalunyacaixa
Directive 93/13/EEC — Consumer contracts — Mortgage loan agreement — Mortgage enforcement proceedings — Powers of the court hearing the declaratory proceedings — Unfair terms — Assessment criteria
Request for a preliminary ruling from the Juzgado de lo Mercantil nº 3 de Barcelona
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Kokott delivered on 8 November 2012
ECLI:EU:C:2012:700 |
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Judgment of the Court (First Chamber), 14 March 2013
ECLI:EU:C:2013:164 |
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Case C‑419/11 Česká spořitelna v Feichter
Regulation (EC) No 44/2001 — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Articles 5(1)(a) and 15(1) — Concepts of ‘matters relating to a contract’ and ‘contract concluded by a consumer’ — Promissory note — Aval — Guarantee provided for a credit contract
Request for a preliminary ruling from the Městský soud v Praze
Language of the case: Czech
| Summary |
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Opinion of Advocate General Sharpston delivered on 20 September 2012
ECLI:EU:C:2012:586 |
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Judgment of the Court (First Chamber), 14 March 2013
ECLI:EU:C:2013:165 |
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Case C‑420/11 Leth v Republik Österreich and Land Niederösterreich
Environment — Directive 85/337/EEC — Assessment of the effects of certain public and private projects on the environment — Consent for such a project without an appropriate assessment — Objectives of that assessment — Conditions to which the existence of a right to compensation are subject — Whether protection of individuals against pecuniary damage is included
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Kokott delivered on 8 November 2012
ECLI:EU:C:2012:701 |
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Judgment of the Court (Fourth Chamber), 14 March 2013
ECLI:EU:C:2013:166 |
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Case C‑527/11 Ablessio v Valsts ieņēmumu dienests
VAT — Directive 2006/112/EC — Articles 213, 214 and 273 — Identification of taxable persons subject to VAT — Refusal to assign a VAT identification number on the ground that the taxable person is not in possession of the material, technical and financial resources to carry out the declared economic activity — Legality — Countering tax evasion — Principle of proportionality
Request for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
| Summary |
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Judgment of the Court (Second Chamber), 14 March 2013
ECLI:EU:C:2013:168 |
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Case C‑545/11 Agrargenossenschaft Neuzelle v Landrat des Landkreises Oder-Spree
Common agricultural policy — Regulation (EC) No 73/2009 — Article 7(1) and (2) — Modulation of direct payments granted to farmers — Further reduction in the amount of direct payments — Validity — Principle of the protection of legitimate expectations — Principle of non-discrimination
Request for a preliminary ruling from the Verwaltungsgericht Frankfurt (Oder)
Language of the case: German
| Summary |
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Judgment of the Court (Fourth Chamber), 14 March 2013
ECLI:EU:C:2013:169 |
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Joined Cases C‑399/10 P and C‑401/10 P Bouygues and Bouygues Télécom v Commission and Others and Commission v France and Others
Appeals — State aid — Financial measures in favour of France Télécom — Shareholder loan proposal — Public declarations by a member of the French government — Decision declaring the aid incompatible with the common market and not ordering its recovery — Meaning of State aid — Meaning of economic advantage — Meaning of commitment of State resources
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 28 June 2012
ECLI:EU:C:2012:392 |
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Judgment of the Court (Grand Chamber), 19 March 2013
ECLI:EU:C:2013:175 |
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Case C‑92/11 RWE Vertrieb v Verbraucherzentrale Nordrhein-Westfalen
Directive 2003/55/EC — Internal market in natural gas — Directive 93/13/EEC — Articles 1(2) and 3 to 5 — Contracts between suppliers and consumers — General conditions — Unfair terms — Unilateral alteration by the supplier of the price of the service — Reference to mandatory legislation designed for another category of consumers — Applicability of Directive 93/13 — Obligation of use of plain and intelligible language and transparency
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Trstenjak delivered on 13 September 2012
ECLI:EU:C:2012:566 |
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Judgment of the Court (First Chamber), 21 March 2013
ECLI:EU:C:2013:180 |
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Case C‑254/11 Szabolcs-Szatmár-Bereg Megyei Rendőrkapitányság Záhony Határrendészeti Kirendeltsége v Shomodi
Area of freedom, security and justice — ‘Local border traffic’ at the external land borders of the Member States — Regulation (EC) No 1931/2006 — Regulation (EC) No 562/2006 — Maximum duration of stay — Rules for calculation
Request for a preliminary ruling from the Magyar Köztársaság Legfelsőbb Bírósága
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 6 December 2012
ECLI:EU:C:2012:773 |
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Judgment of the Court (Fourth Chamber), 21 March 2013
ECLI:EU:C:2013:182 |
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Case C‑375/11 Belgacom and Others v État belge
Telecommunication services — Directive 2002/20/EC — Articles 3 and 12 to 14 — Rights to use radio frequencies — Fees for rights to use radio frequencies — One-off fees for grant and renewal of rights to use radio frequencies — Method of calculation — Alteration of existing rights
Request for a preliminary ruling from the Cour constitutionnelle (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Jääskinen delivered on 25 October 2012
ECLI:EU:C:2012:669 |
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Judgment of the Court (Fourth Chamber), 21 March 2013
ECLI:EU:C:2013:185 |
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Case C‑91/12 Skatteverket v PFC Clinic
VAT — Directive 2006/112/EC — Exemptions — Article 132(1)(b) and (c) — Hospital and medical care and closely related activities — Provision of medical care in the exercise of the medical and paramedical professions — Services consisting in the performance of plastic surgery and cosmetic treatments — Interventions of a purely cosmetic nature based solely on the patient’s wishes
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
| Summary |
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Judgment of the Court (Third Chamber), 21 March 2013
ECLI:EU:C:2013:198 |
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Case C‑129/12 Magdeburger Mühlenwerke v Finanzamt Magdeburg
Regional aid scheme — Investment in the processing and marketing of agricultural products — Commission decision — Incompatibility with the internal market — Abolition of incompatible aid — Time at which aid is granted — Principle of the protection of legitimate expectations
Request for a preliminary ruling from the Finanzgericht des Landes Sachsen-Anhalt
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber), 21 March 2013
ECLI:EU:C:2013:200 |
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Case C‑244/12 Salzburger Flughafen v Umweltsenat
Assessment of the effects of certain projects on the environment — Directive 85/337/EEC — Articles 2(1) and 4(2) — Projects listed in Annex II — Extension works to the infrastructure of an airport — Examination on the basis of thresholds or criteria — Article 4(3) — Selection criteria — Annex III, point 2(g) — Densely populated areas
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Fifth Chamber), 21 March 2013
ECLI:EU:C:2013:203 |
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Case C‑324/12 Novontech-Zala v Logicdata
Article 99 of the Rules of Procedure — Judicial cooperation in civil matters — Regulation (EC) No 1896/2006 — European order for payment procedure — Opposition lodged out of time — Article 20 — Review in exceptional cases — No ‘extraordinary’ or ‘exceptional’ circumstances
Request for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
| Summary |
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Order of the Court (Third Chamber), 21 March 2013
ECLI:EU:C:2013:205 |
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Information (on unpublished decisions)
Case C‑393/11 Autorità per l'energia elettrica e il gas v Bertazzi and Others
Article 99 of the Rules of Procedure of the Court of Justice — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Fixed-term employment contracts in the public sector — Stabilisation procedure — Recruitment of workers employed for a fixed term as career civil servants without a public competition — Determination of length of service — Complete disregard of periods of service completed under fixed-term employment contracts — Principle of non-discrimination
Case C‑19/12 Efir v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Value added tax — Directive 2006/112/EC — Articles 62, 63, 65, 73 and 80 — Establishment by natural persons of a building right in favour of a company in exchange for construction services by that company for those persons — Barter contract — VAT on construction services — Chargeable event — When chargeable — Whether both taxable transactions and exempt transactions are covered by the concept of a chargeable event — Payment on account of the entire consideration — Payment on account — Basis of assessment for a transaction in the event of consideration in the form of goods or services — Direct effect
Case C‑128/12 Sindicato dos Bancários do Norte and Others v BPN
Request for a preliminary ruling — Article 53(2) of the Rules of Procedure — Charter of Fundamental Rights of the European Union — National legislation establishing salary reductions for certain public sector workers — Failure to implement EU law — Clear lack of jurisdiction of the Court of Justice
Case C‑178/12 Rivas Montes v IMDECO
Articles 53(2) and 99 of the Rules of Procedure of the Court — Social policy — Principle of equal treatment — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Fixed-term employment contracts in the public sector — Determination of length of service — Difference in treatment between civil servants and contractual staff — Taking into account previous periods of employment completed in the administration — Clear lack of jurisdiction of the Court
Case C‑289/12 P Altner v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Measure not subject to review — Whether there is an obligation to hear the Advocate General before giving a decision by reasoned order pursuant to Article 111 of the Rules of Procedure of the General Court — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C‑389/12 P Szarvas v Hungary
Appeal — Article 181 Rules of Procedure of the Court of Justice — Action brought by a natural or legal person against a Member State — Clear lack of jurisdiction of the General Court — Appeal manifestly inadmissible — Appeal manifestly unfounded
Case C‑433/12 P Marcuccio v Court of Justice
Appeal — Action to establish non-contractual liability — Refusal by the Court Registry to act on letters addressed by the appellant to the First Advocate General of the Court — Article 256(2) TFEU — Request to initiate a review procedure in respect of certain decisions terminating proceedings delivered by the General Court in certain cases on appeal
Case C‑108/11 Commission v Ireland
Failure of a Member State to fulfil obligations — VAT — Reduced rate — Supply of greyhounds and horses not intended for the preparation or production of foodstuffs for human or animal consumption, hire of horses and insemination services — Directive 2006/112/EC — Infringement of Articles 96, 98, read in conjunction with Annex III, and 110
Case C‑276/11 P Viega v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Copper and copper alloy fittings sector — End-feed fittings and press fittings — Taking and assessment of the evidence — Right to be heard before a court — Obligation to state reasons — Principle of proportionality
Case C‑555/12 Loreti and Others v Comune di Zagarolo
Request for a preliminary ruling — Charter of Fundamental Rights of the European Union — Implementation of EU law — None — Clear lack of jurisdiction of the Court
Case C‑229/10 Pendão Lapa Costa Ferreira and Pendão Lapa Ferreira v Companhia de Seguros Tranquilidade
Article 99 of the Rules of Procedure — Insurance against civil liability in respect of the use of motor vehicles — Directives 72/166/EEC, 84/5/EEC and 90/232/EEC — Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles — Civil liability of the insured person — Victim’s contribution to loss or injury — Exclusion or limitation of the right to compensation
Case C‑362/11 Gomes Oliveira v Companhia de Seguros Lusitânia
Article 99 of the Rules of Procedure — Insurance against civil liability in respect of the use of motor vehicles — Directives 72/166/EEC, 84/5/EEC and 90/232/EEC — Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles — Victim’s contribution to loss or injury — Limitation of the right to compensation
Case C‑405/11 P Commission v Buczek Automotive
Appeal — State aid — Restructuring of the Polish steel industry — Concept of State aid — Recovery of public debts — Classification as State aid of the failure to request the liquidation of the debtor undertaking — Private creditor test — Allocation of the burden of proof — Limits of judicial review
Case C‑486/11 Rodrigues Esteves v Companhia de Seguros Allianz Portugal
Article 99 of the Rules of Procedure — Insurance against civil liability in respect of the use of motor vehicles — Directives 72/166/EEC, 84/5/EEC, 90/232/EEC and 2005/14/EC — Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles — Civil liability of the insured person — Victim’s contribution to loss or injury — Exclusion or limitation of the right to compensation
Case C‑522/11 Procura della Repubblica v Mbaye
Article 99 of the Rules of Procedure — Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures for returning illegally staying third-country nationals — National legislation penalising illegal residence by criminal sanctions
Case C‑613/11 Commission v Italy
Failure of a Member State to fulfil obligations — State aid — Aid granted by the Italian Republic to the Sardinian shipping sector — Commission Decision 2008/92/EC declaring that aid incompatible with the common market and ordering its recovery from the beneficiaries — Failure to implement within the prescribed period
Case C‑96/12 Freitas and Monteiro Pinto v Companhia de Seguros Allianz Portugal
Article 99 of the Rules of Procedure — Insurance against civil liability in respect of the use of motor vehicles — Directives 72/166/EEC, 84/5/EEC and 90/232/EEC — Right to compensation by means of compulsory insurance against civil liability in respect of the use of motor vehicles — Victim’s contribution to loss or injury — Exclusion or limitation of the right to compensation
Case C‑153/12 Sani treyd v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Article 99 of the Rules of Procedure — VAT — Directive 2006/112/EC — Articles 62, 63, 65, 73 and 80 — Establishment of a building right by natural persons who are neither taxable persons nor persons liable for payment in favour of a company in exchange for the construction of immovable property by that company for those natural persons — Barter contract — VAT on supplies relating to the construction of the immovable property — Chargeable event — When chargeable — Payment on account of the entire consideration — Payment on account — Basis of assessment in the event of consideration in the form of goods or services
Case C‑197/12 Commission v France
Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Article 148 — Exemption of certain transactions intended for vessels carrying passengers for reward or used for the purpose of commercial activities — Condition that the vessels must be used for navigation on the high seas
Case C‑341/12 P Mizuno v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Figurative mark including the letter ‘G’ and the two symbols of gender — Opposition by the proprietor of the figurative mark including the letter ‘G’ and the symbol ‘+’ — Refusal of registration by the Board of Appeal
Case C‑393/12 P Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v OHIM
Appeal — Community trade mark — Word mark HELLIM — Opposition by the proprietor of the Community word mark HALLOUMI — Opposition dismissed
Case C‑465/12 P Simov v Commission and Bulgaria
Appeal — Commission decision — Failure to initiate infringement proceedings against the Republic of Bulgaria — Decisions taken by the Bulgarian authorities concerning the national system relating to seafarers — Alleged infringement of EU law
April 2013
Case C‑85/11 Commission v Ireland
Failure of a Member State to fulfil obligations — Taxation — Directive 2006/112/EC — Articles 9 and 11 — National legislation permitting the inclusion of non-taxable persons in a group of persons who may be regarded as a single taxable person for VAT purposes
Language of the case: English
| Summary |
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Opinion of Advocate General Jääskinen delivered on 27 November 2012
ECLI:EU:C:2012:753 |
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Judgment of the Court (Grand Chamber), 9 April 2013
ECLI:EU:C:2013:217 |
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Case C‑258/11 Sweetman and Others v Bord Pleanála
Environment — Directive 92/43/EEC — Article 6 — Conservation of natural habitats — Special areas of conservation — Assessment of the implications for a protected site of a plan or project — Criteria to be applied when assessing the likelihood that such a plan or project will adversely affect the integrity of the site concerned — Lough Corrib site — N6 Galway City Outer Bypass road scheme
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Sharpston delivered on 22 November 2012
ECLI:EU:C:2012:743 |
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Judgment of the Court (Third Chamber), 11 April 2013
ECLI:EU:C:2013:220 |
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Case C‑260/11 Edwards and Others v Environment Agency and Others
Environment — Aarhus Convention — Directive 85/337/EEC — Directive 2003/35/EC — Article 10a — Directive 96/61/EC — Article 15a — Access to justice in environmental matters — Meaning of ‘not prohibitively expensive’ judicial proceedings
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 18 October 2012
ECLI:EU:C:2012:645 |
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Judgment of the Court (Fourth Chamber), 11 April 2013
ECLI:EU:C:2013:221 |
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Joined Cases C‑335/11 and C‑337/11 HK Danmark and HK Danmark v Dansk almennyttigt Boligselskab and Pro Display
Social policy — United Nations Convention on the Rights of Persons with Disabilities − Directive 2000/78/CE — Equal treatment in employment and occupation − Articles 1, 2 and 5 — Difference of treatment on grounds of disability — Dismissal — Existence of a disability — Employee absent because of disability — Obligation to provide accommodation — Part-time work — Length of the period of notice
Requests for a preliminary ruling from the Sø‑ og Handelsretten
Language of the case: Danish
| Summary |
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Opinion of Advocate General Kokott delivered on 6 December 2012
ECLI:EU:C:2012:775 |
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Judgment of the Court (Second Chamber), 11 April 2013
ECLI:EU:C:2013:222 |
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Case C‑401/11 Soukupová v Ministerstvo zemědělství
Agriculture — EAGGF — Regulation (EC) No 1257/1999 — Support for rural development — Early retirement support — Transferor not less than 55 years old but not yet of normal retirement age at the time of transfer — Concept of ‘normal retirement age’ — National legislation determining a retirement age which varies depending on the sex of the applicant and, for women, on the number of children raised — General principles of equal treatment and non-discrimination
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Opinion of Advocate General Jääskinen delivered on 23 October 2012
ECLI:EU:C:2012:658 |
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Judgment of the Court (Third Chamber), 11 April 2013
ECLI:EU:C:2013:223 |
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Case C‑443/11 Jeltes and Others v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen
Social security for migrant workers — Article 45 TFEU — Regulation (EEC) No 1408/71 — Article 71 — Wholly unemployed atypical frontier workers who have maintained personal and business links in the Member State of last employment — Regulation (EC) No 883/2004 — Article 65 — Right to benefit in the Member State of residence — Refusal to pay by the Member State of last employment — Admissibility — Relevance of the judgment of the Court of 12 June 1986 in Case 1/85 Miethe — Transitional provisions — Article 87(8) — Concept of ‘unchanged situation’
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Mengozzi delivered on 10 January 2013
ECLI:EU:C:2013:6 |
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Judgment of the Court (Third Chamber), 11 April 2013
ECLI:EU:C:2013:224 |
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Case C‑535/11 Novartis Pharma v Apozyt
Reference for a preliminary ruling —Regulation (EC) No 726/2004 — Medicinal products for human use — Procedure for authorisation — Requirement for authorisation — Concept of medicinal products ‘developed’ by means of certain biotechnological processes, as referred to in point 1 of the Annex to that regulation — Repackaging process — Injectable solution distributed in single-use vials containing a larger quantity of the therapeutic solution than that actually used for the purposes of medical treatment — Part of the content of such vials drawn off, on prescription by a doctor, into syringes pre-filled with the prescribed dose, without any modification of the medicinal product
Request for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 31 January 2013
ECLI:EU:C:2013:53 |
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Judgment of the Court (Fourth Chamber), 11 April 2013
ECLI:EU:C:2013:226 |
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Case C‑636/11 Berger v Freistaat Bayern
Regulation (EC) No 178/2002 — Consumer protection — Food safety — Public information — Placing on the market of food unfit for human consumption, but not constituting a health risk
Request for a preliminary ruling from the Landgericht München I
Language of the case: German
| Summary |
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Judgment of the Court (Fourth Chamber), 11 April 2013
ECLI:EU:C:2013:227 |
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Case C‑645/11 Land Berlin v Sapir and Others
Regulation (EC) No 44/2001 — Articles 1(1) and 6(1) — Concept of ‘civil and commercial matters’ — Undue payment made by a State entity — Claim for recovery of that payment in legal proceedings — Determination of the court having jurisdiction in the case where claims are connected — Close connection between the claims — Defendant domiciled in a non-member State
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Trstenjak delivered on 28 November 2012
ECLI:EU:C:2012:757 |
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Judgment of the Court (Third Chamber), 11 April 2013
ECLI:EU:C:2013:228 |
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Case C‑652/11 P Mindo v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Italian market for the purchase and first processing of raw tobacco — Payment of the fine by the jointly and severally liable debtor — Interest in bringing proceedings — Burden of proof
Language of the case: English
| Summary |
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Judgment of the Court (Seventh Chamber), 11 April 2013
ECLI:EU:C:2013:229 |
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Case C‑138/12 Rusedespred v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Taxation — VAT — Directive 2006/112/EC — Article 203 — Principle of fiscal neutrality — Refund to the supplier of tax paid where the recipient under an exempt transaction is refused a right of deduction
Request for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Fifth Chamber), 11 April 2013
ECLI:EU:C:2013:233 |
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Case C‑290/12 Della Rocca v Poste Italiane
Social policy — Directive 1999/70/EC — Framework Agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 2 — Scope of application of the Framework Agreement — Temporary employment business — Supply of temporary workers to a user undertaking — Successive fixed-term employment contracts
Request for a preliminary ruling from the Tribunale di Napoli
Language of the case: Italian
| Summary |
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Judgment of the Court (Eighth Chamber), 11 April 2013
ECLI:EU:C:2013:235 |
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Case C‑202/11 Las v PSA Antwerp
Freedom of movement for workers — Article 45 TFEU — Company established in the Dutch-speaking region of the Kingdom of Belgium — Obligation to draft employment contracts in Dutch — Cross-border employment contract — Restriction — Disproportionate
Request for a preliminary ruling from the Arbeidsrechtbank te Antwerpen
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Jääskinen delivered on 12 July 2012
ECLI:EU:C:2012:456 |
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Judgment of the Court (Grand Chamber), 16 April 2013
ECLI:EU:C:2013:239 |
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Joined Cases C‑274/11 and C‑295/11 Spain and Italy v Council
Unitary patent — Decision authorising enhanced cooperation under Article 329(1) TFEU — Actions for annulment on grounds of lack of competence, misuse of powers and infringement of the Treaties — Conditions laid down in Article 20 TEU and in Articles 326 TFEU and 327 TFEU — Non-exclusive competence — Decision adopted ‘as a last resort’ — Preserving the interests of the Union
Languages of the case: Spanish and Italian
| Summary |
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Opinion of Advocate General Bot delivered on 11 December 2012
ECLI:EU:C:2012:782 |
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Judgment of the Court (Grand Chamber), 16 April 2013
ECLI:EU:C:2013:240 |
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Case C‑625/10 Commission v France
Failure of a Member State to fulfil obligations — Transport — Development of the Community’s railways — Directive 91/440/EEC — Article 6(3) and Annex II — Directive 2001/14/EC — Article 14(2) — Lack of legal independence of the railway infrastructure manager — Article 11 — Absence of a performance scheme — Incomplete transposition
Language of the case: French
| Summary |
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Opinion of Advocate General Jääskinen delivered on 13 December 2012
ECLI:EU:C:2012:792 |
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Judgment of the Court (First Chamber), 18 April 2013
ECLI:EU:C:2013:243 |
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Case C‑103/11 P Commission v Systran and Systran Luxembourg
Appeals — Articles 225(1) EC, 235 EC and 288, second paragraph, EC — Action in non-contractual liability against the European Community — Assessment of the non-contractual character of the dispute — Jurisdiction of the Community Courts
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 15 November 2012
ECLI:EU:C:2012:714 |
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Judgment of the Court (First Chamber), 18 April 2013
ECLI:EU:C:2013:245 |
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Case C‑463/11 L v M
Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Article 3(4) and (5) — Determination of the type of plans likely to have significant environmental effects — Building plan ‘for development within an urban area’ exempted from an environmental assessment under national legislation — Incorrect assessment of the qualitative condition of ‘inner city development’ — No effect on the legal validity of the building plan — Effectiveness of the directive undermined
Request for a preliminary ruling from the Verwaltungsgerichtshof Baden‑Württemberg
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 19 December 2012
ECLI:EU:C:2012:830 |
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Judgment of the Court (Fourth Chamber), 18 April 2013
ECLI:EU:C:2013:247 |
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Case C‑548/11 Mulders v Rijksdienst voor Pensioenen
Social security — Regulation (EEC) No 1408/71 – Article 1(r) — Definition of ‘periods of insurance’ — Article 46 — Calculation of retirement pension — Periods of insurance to be taken into consideration — Frontier workers — Period of incapacity for work — Aggregation of similar benefits paid by two Member States — No account taken of a period of incapacity for work as a period of insurance — Residence requirement — National rules precluding the cumulation of benefits
Request for a preliminary ruling from the Arbeidshof te Antwerpen
Language of the case: Dutch
| Summary |
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Judgment of the Court (Third Chamber), 18 April 2013
ECLI:EU:C:2013:249 |
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Case C‑565/11 Irimie v Administraţia Finanţelor Publice a Municipiului Sibiu and Administraţia Fondului pentru Mediu
Repayment of taxes levied by a Member State in breach of European Union law — National system limiting the interest payable by the Member State on the repaid tax — Interest calculated from the day following the date of the claim for repayment of the tax — Non-compliance with European Union law — Principle of effectiveness
Request for a preliminary ruling from the Tribunalul Sibiu
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Wathelet delivered on 13 December 2012
ECLI:EU:C:2012:803 |
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Judgment of the Court (Third Chamber), 18 April 2013
ECLI:EU:C:2013:250 |
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Case C‑595/11 Steinel Vertrieb v Hauptzollamt Bielefeld
Commercial policy — Regulation (EC) No 1470/2001 — Regulation (EC) No 1205/2007 — Common Customs Tariff — Tariff classification — Combined Nomenclature — Definitive anti-dumping duties on imports of fluorescent compact lamps — Applicability of definitive anti-dumping duties to products classed in the tariff subheading referred to in the anti-dumping regulation — Product concerned — Scope
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber), 18 April 2013
ECLI:EU:C:2013:251 |
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Case C‑12/12 Colloseum Holding v Levi Strauss
Trade marks — Regulation (EC) No 40/94 — Article 15(1) — Definition of ‘genuine use’ — Trade mark used only as one element of a composite mark or in conjunction with another mark
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Fifth Chamber), 18 April 2013
ECLI:EU:C:2013:253 |
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Case C‑247/12 Mustafa v 'Garantirani vzemania na rabotnitsite i sluzhitelite'
Protection of employees in the event of insolvency of their employer — Directive 80/987/EEC — Directive 2002/74/EC — Directive 2008/94/EC — Articles 2 and 3 — Obligation to provide a guarantee for employees’ claims — Possibility of limiting the guarantee to claims arising before the entry of the decision to open the insolvency proceedings in the register of companies — Decision to open the insolvency proceedings — Effects — Continuation of the employer’s activity
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Fifth Chamber), 18 April 2013
ECLI:EU:C:2013:256 |
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Joined Cases C‑478/11 P to C‑482/11 P Gbagbo and Others v Council
Appeal — Common foreign and security policy — Restrictive measures adopted against persons and entities — Sixth paragraph of Article 263 TFEU — Period allowed for commencing proceedings — Force majeure — Armed conflict
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 19 December 2012
ECLI:EU:C:2012:831 |
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Judgment of the Court (Grand Chamber), 23 April 2013
ECLI:EU:C:2013:258 |
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Case C‑480/10 Commission v Sweden
Failure of a Member State to fulfil obligations — Taxation — Directive 2006/112/EC — Article 11 — National legislation restricting the possibility of forming a group of persons which can be regarded as a single taxable person for VAT purposes to undertakings in the financial and insurance sector
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Jääskinen delivered on 27 November 2012
ECLI:EU:C:2012:751 |
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Judgment of the Court (Fourth Chamber), 25 April 2013
ECLI:EU:C:2013:263 |
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Case C‑212/11 Jyske Bank Gibraltar v Administración del Estado
Prevention of the use of the financial system for the purposes of money laundering and terrorist financing — Directive 2005/60/EC — Article 22(2) — Decision 2000/642/JHA — Requirement to report suspicious financial transactions applicable to credit institutions — Institution operating under the rules on the freedom to provide services — Identification of the national financial information unit responsible for the collection of information — Article 56 TFEU — Obstacle to freedom to provide services — Overriding requirements in the public interest — Proportionality
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Bot delivered on 4 October 2012
ECLI:EU:C:2012:607 |
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Judgment of the Court (Third Chamber), 25 April 2013
ECLI:EU:C:2013:270 |
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Case C‑398/11 Hogan and Others v Minister for Social and Family Affairs and Others
Reference for a preliminary ruling — Social policy — Approximation of laws — Protection of employees in the event of the insolvency of their employer — Directive 2008/94/EC — Scope — Supplementary occupational pension schemes — Defined benefit and balance of costs scheme — Insufficiency of resources — Minimum level of protection — Economic crisis — Balanced economic and social development — Obligations of the Member States concerned in the event of insufficiency of resources — Liability of the Member State in the event of incorrect transposition
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
| Summary |
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Judgment of the Court (Third Chamber), 25 April 2013
ECLI:EU:C:2013:272 |
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Case C‑81/12 Asociația Accept v Consiliul Naţional pentru Combaterea Discriminării
Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Articles 2(2)(a), 10(1) and 17 — Prohibition of discrimination on grounds of sexual orientation — Concept of ‘facts from which it may be presumed that there has been discrimination’ — Modified burden of proof — Effective, proportionate and dissuasive sanctions — Person presenting himself and being perceived by public opinion as playing a leading role in a professional football club — Public statements ruling out the recruitment of a footballer presented as being homosexual
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
| Summary |
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Judgment of the Court (Third Chamber), 25 April 2013
ECLI:EU:C:2013:275 |
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Case C‑89/12 Bark v Galileo Joint Undertaking
Joint undertakings — Contracts concluded with members of staff — Applicable rules — Regulation (EC) No 876/2002
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
| Summary |
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Judgment of the Court (Fourth Chamber), 25 April 2013
ECLI:EU:C:2013:276 |
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Information (on unpublished decisions)
Case C‑158/12 Commission v Ireland
Failure of a Member State to fulfil obligations — Environment — Directive 2008/1/EC — Article 5 — Integrated pollution prevention and control — Conditions governing the granting of permits for existing installations — Obligation to ensure that such installations operate in accordance with the requirements of that directive
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Judgment of the Court (Seventh Chamber) of 11 April 2013 ECLI:EU:C:2013:234 |
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Case C‑354/12 P Asa v OHIM
Appeal — Article 181 of the Rules of Procedure — Community trade mark — Article 8(1)(b) of Regulation (EC) No 207/2009 — Relative ground for refusal — Word mark FEMIFERAL — Opposition by the proprietor of the earlier word and figurative mark feminatal
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Order of the Court (Tenth Chamber) of 11 April 2013 ECLI:EU:C:2013:238 |
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Case C‑413/11 Germanwings v Amend
Article 99 of the Rules of Procedure — Air transport — Regulation (EC) No 261/2004 — Passengers’ right to compensation in the event of long delay to a flight — Principle of the separation of powers in the European Union
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Order of the Court (Ninth Chamber) of 18 April 2013 ECLI:EU:C:2013:246 |
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Case C‑368/12 Adiamix v Ministre de l'Économie et des Finances
Article 53(2) of the Rules of Procedure — Request for a preliminary ruling — State aid — Commission Decision declaring an aid scheme incompatible with the common market — Recovery of aid — Assessment of the validity of an EU act – Lack of information on the reasons justifying the need for a reply to the questions referred — Manifest inadmissibility
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Order of the Court (Ninth Chamber) of 18 April 2013 ECLI:EU:C:2013:257 |
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Case C‑64/11 Commission v Spain
Failure of a Member State to fulfil its obligations — Freedom of establishment — Article 49 TFEU — Restrictions — Tax legislation — Immediate taxation of unrealised gains — Transfer of the place of residence of a company, termination of the activities of a permanent establishment or transfer of the assets of that establishment
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Judgment of the Court (Second Chamber) of 25 April 2013 ECLI:EU:C:2013:264 |
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Case C‑65/11 Commission v Netherlands
Failure of a Member State to fulfil obligations — Taxation — Directive 2006/112/EC — Articles 9 and 11 — National legislation allowing the inclusion of non-taxable persons in a group of persons that may be regarded as a single taxable person for purposes of VAT — Consultation of the VAT Committee
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Judgment of the Court (Fourth Chamber) of 25 April 2013 ECLI:EU:C:2013:265 |
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Case C‑74/11 Commission v Finland
Failure of a Member State to fulfil obligations — Taxation — Directive 2006/112/EC — Articles 9 and 11 — National legislation permitting the inclusion of non-taxable persons in a group of persons which can be regarded as a single taxable person for VAT purposes and restricting the possibility of forming such a group to the financial and insurance sector
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Judgment of the Court (Fourth Chamber) of 25 April 2013 ECLI:EU:C:2013:266 |
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Case C‑86/11 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Taxation — Directive 2006/112/EC — Articles 9 and 11 — National legislation permitting the inclusion of non-taxable persons in a group of persons who may be regarded as a single taxable person for VAT purposes
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Judgment of the Court (Fourth Chamber) of 25 April 2013 ECLI:EU:C:2013:267 |
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Case C‑95/11 Commission v Denmark
Failure of a Member State to fulfil obligations — Taxation — Directive 2006/112/EC — Articles 9 and 11 — National legislation allowing non-taxable persons to be considered as a single taxable person subject to VAT
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Judgment of the Court (Fourth Chamber) of 25 April 2013 ECLI:EU:C:2013:268 |
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Case C‑109/11 Commission v Czech Republic
Failure of a Member State to fulfil obligations — Taxation — Directive 2006/112/EC — Articles 9 and 11 — National legislation authorising persons not subject to taxation to be part of a VAT group
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Judgment of the Court (Fourth Chamber) of 25 April 2013 ECLI:EU:C:2013:269 |
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Case C‑331/11 Commission v Slovakia
Failure of a Member State to fulfil obligations — Directive 1999/31/EC — Landfill of waste — Article 14 — Existing landfill — Lack of site conditioning plan — Continued operation
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Judgment of the Court (Tenth Chamber) of 25 April 2013 ECLI:EU:C:2013:271 |
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Case C‑55/12 Commission v Ireland
Failure of a Member State to fulfil obligations — Directive 2003/96/EC — Taxation of energy products and electricity — Exemption from excise duty on fuel used by disabled persons for motor vehicles — Exemption maintained after the expiry of the transitional period — Infringement
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Judgment of the Court (Tenth Chamber) of 25 April 2013 ECLI:EU:C:2013:274 |
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May 2013
Joined Cases C‑197/11 and C‑203/11 Libert and Others v Gouvernement flamand and Vlaamse Regering
Fundamental freedoms — Restriction — Justification — State aid — Concept of ‘public works contract’ — Land and buildings located in certain communes — National legislation making the transfer of land and buildings subject to the condition that there exists a ‘sufficient connection’ between the prospective buyer or tenant and the target commune — Social obligation on subdividers and developers — Tax incentives and subsidy mechanisms
Request for a preliminary ruling from the Cour constitutionnelle (Belgium)
Languages of the case: French and Dutch
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Opinion of Advocate General Mazák delivered on 4 October 2012
ECLI:EU:C:2012:621 |
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Judgment of the Court (First Chamber), 8 May 2013
ECLI:EU:C:2013:288 |
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Case C‑508/11 P Eni v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Butadiene rubber and emulsion styrene butadiene rubber market manufactured by emulsion polymerisation — Attributability of unlawful conduct of subsidiaries to their parent companies — Presumption of the actual exercise of a decisive influence — Obligation to state reasons — Gravity of the infringement — Multiplier for deterrence — Actual impact on the market — Aggravating circumstances — Repeated infringements
Language of the case: Italian
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Judgment of the Court (First Chamber), 8 May 2013
ECLI:EU:C:2013:289 |
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Case C‑529/11 Alarape and Tijani v Secretary of State for the Home Department
Freedom of movement for persons — Regulation (EEC) No 1612/68 — Article 12 — Divorced spouse of a national of a Member State who has worked in another Member State — Adult child pursuing his studies in the host Member State — Right of residence of parent who is national of a non-Member State — Directive 2004/38/EC — Articles 16 to 18 — Right of permanent residence of family members of a Union citizen who are not nationals of a Member State — Legal residence — Residence based on Article 12 above
Request for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber) London
Language of the case: English
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Opinion of Advocate General Bot delivered on 15 January 2013
ECLI:EU:C:2013:9 |
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Judgment of the Court (Second Chamber), 8 May 2013
ECLI:EU:C:2013:290 |
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Case C‑87/12 Ymeraga and Others v Ministre du Travail, de l'Emploi et de l'Immigration
Citizenship of the Union — Article 20 TFEU — Right of residence of third‑country nationals who are family members of a Union citizen who has not exercised his right of freedom of movement — Fundamental rights
Request for a preliminary ruling from the Cour administrative (Luxembourg)
Language of the case: French
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Judgment of the Court (Second Chamber), 8 May 2013
ECLI:EU:C:2013:291 |
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Case C‑142/12 Marinov v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Value added tax — Directive 2006/112/EC — Articles 18(c), 74 and 80 — Cessation of the taxable economic activity — Removal of the taxable person from the VAT register by the tax authorities — Retention of goods on which the VAT became deductible — Taxable amount — Open market value or purchase value — Determination at the time of the transaction — Direct effect of Article 74
Request for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
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Judgment of the Court (Eighth Chamber), 8 May 2013
ECLI:EU:C:2013:292 |
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Case C‑271/12 Petroma Transports and Others v Belgian State and Belgium
Taxation — Value added tax — Sixth Directive 77/388/EEC — Right to deduct input tax — Obligations of the taxable person — Possession of improper or inaccurate invoices — Omission of mandatory particulars — Refusal of the right to deduct — Evidence subsequent to the occurrence of the transactions invoiced — Correcting invoices — Right to refund of VAT — Principle of neutrality
Request for a preliminary ruling from the Cour d’appel de Mons
Language of the case: French
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Judgment of the Court (Second Chamber), 8 May 2013
ECLI:EU:C:2013:297 |
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Case C‑589/10 Wencel v Zakład Ubezpieczeń Społecznych w Białymstoku
Article 45 TFEU — Regulation (EEC) No 1408/71 — Article 10 — Old‑age benefits — Habitual residence in two different Member States — A survivor’s pension received in one of those States and a retirement pension in the other — Withdrawal of one of those benefits — Recovery of benefits to which it is alleged the recipient was not entitled
Request for a preliminary ruling from the Sąd Apelacyjny w Białymstoku
Language of the case: Polish
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Opinion of Advocate General Cruz Villalón delivered on 24 May 2012
ECLI:EU:C:2012:304 |
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Judgment of the Court (First Chamber), 16 May 2013
ECLI:EU:C:2013:303 |
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Case C‑228/11 Melzer v MF Global UK
Judicial cooperation in civil matters — Special jurisdiction in matters of tort, delict and quasi-delict — Cross-border participation by several persons in the same unlawful act — Possibility of establishing territorial jurisdiction according to the place where the act was committed by one of the perpetrators of the damage other than the defendant (‘wechselseitige Handlungsortzurechnung’)
Request for a preliminary ruling from the Landgericht Düsseldorf
Language of the case: German
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Opinion of Advocate General Jääskinen delivered on 29 November 2012
ECLI:EU:C:2012:766 |
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Judgment of the Court (First Chamber), 16 May 2013
ECLI:EU:C:2013:305 |
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Case C‑169/12 TNT Express Worldwide (Poland) v Minister Finansów
Value added tax — Directive 2006/112/EC — Article 66(a) to (c) — Transport and shipping services — Chargeability — Date on which payment is received and no later than 30 days from the date on which the services are supplied — Invoice issued earlier
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Judgment of the Court (Sixth Chamber), 16 May 2013
ECLI:EU:C:2013:314 |
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Case C‑191/12 Alakor Gabonatermelő és Forgalmazó v Nemzeti Adó- és Vámhivatal Észak-alföldi Regionális Adó Főigazgatósága
Non-repayment of the entirety of value added tax unduly paid — National legislation precluding repayment of VAT because it has been passed on to a third party — Compensation in the form of aid covering a fraction of the non-deductible VAT — Unjust enrichment
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
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Judgment of the Court (Seventh Chamber), 16 May 2013
ECLI:EU:C:2013:315 |
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Case C‑239/12 P Abdulrahim v Council and Commission
Appeal — Common foreign and security policy (CFSP) — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al‑Qaida network and the Taliban — Regulation (EC) No 881/2002 — Action for annulment — Removal of the interested party from the list of persons and entities concerned — Interest in bringing proceedings
Language of the case: English
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Opinion of Advocate General Bot delivered on 22 January 2013
ECLI:EU:C:2013:30 |
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Judgment of the Court (Grand Chamber), 28 May 2013
ECLI:EU:C:2013:331 |
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Case C‑512/10 Commission v Poland
Failure of a Member State to fulfil obligations — Transport — Directive 91/440/EEC — Development of the Community’s railways — Directive 2001/14/EC — Allocation of railway infrastructure capacity — Article 6(2) and (3) of Directive 2001/14 — Continued absence of financial balance — Articles 6(1) and 7(3) and (4) of Directive 91/440 — Absence of incentives for infrastructure managers — Articles 7(3) and 8(1) of Directive 2001/14 — Calculation of the minimum access charge
Language of the case: Polish
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Opinion of Advocate General Jääskinen delivered on 13 December 2012
ECLI:EU:C:2012:790 |
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Judgment of the Court (First Chamber), 30 May 2013
ECLI:EU:C:2013:338 |
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Case C‑270/11 Commission v Sweden
Failure of a Member State to fulfil obligations — Directive 2006/24/EC — Retention of data generated or processed in connection with the provision of electronic communications services — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Article 260 TFEU — Pecuniary penalties — Imposition of a lump sum payment
Language of the case: Swedish
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Judgment of the Court (Fourth Chamber), 30 May 2013
ECLI:EU:C:2013:339 |
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Case C‑397/11 Jőrös v Aegon Magyarország Hitel
Directive 93/13/EEC — Unfair terms in consumer contracts — Examination by the national court, of its own motion, as to whether a contractual term is unfair — Consequences to be drawn by the national court from a finding that the term is unfair
Request for a preliminary ruling from the Fővárosi Bíróság
Language of the case: Hungarian
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Judgment of the Court (First Chamber), 30 May 2013
ECLI:EU:C:2013:340 |
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Case C‑488/11 Asbeek Brusse and de Man Garabito v Jahani
Directive 93/13/EEC — Unfair terms in consumer contracts — Residential tenancy agreement between a landlord acting on a commercial basis and a tenant acting on a non-commercial basis — Examination by the national court, of its own motion, as to whether a contractual term is unfair — Penalty clause — Annulment of the clause
Request for a preliminary ruling from the Gerechtshof te Amsterdam
Language of the case: Dutch
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Judgment of the Court (First Chamber), 30 May 2013
ECLI:EU:C:2013:341 |
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Case C‑528/11 Halaf v Darzhavna agentsia za bezhantsite pri Ministerskia savet
Asylum — Regulation (EC) No 343/2003 — Determination of the Member State responsible for examining an application for asylum lodged in one of the Member States by a third-country national — Article 3(2) — Discretion of the Member States — Role of the Office of the United Nations High Commissioner for Refugees — Obligation of Member States to request that Office to present its views — None
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
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Judgment of the Court (Fourth Chamber), 30 May 2013
ECLI:EU:C:2013:342 |
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Case C‑534/11 Arslan v Policie ČR
Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures for returning illegally staying third-country nationals — Applicability to asylum seekers — Possibility of keeping a third-country national in detention after an application for asylum has been made
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
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Opinion of Advocate General Wathelet delivered on 31 January 2013
ECLI:EU:C:2013:52 |
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Judgment of the Court (Third Chamber), 30 May 2013
ECLI:EU:C:2013:343 |
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Case C‑604/11 Genil 48 and Comercial Hostelera de Grandes Vinos v Bankinter and Banco Bilbao Vizcaya Argentaria
Directive 2004/39/EC — Markets in financial instruments — Article 19 — Conduct of business obligations when providing investment services to clients — Investment advice — Other investment services — Obligation to assess the suitability or appropriateness of the service to be provided — Contractual consequences of non-compliance with that obligation — Investment service offered as part of a financial product — Interest-rate swap agreements to protect against the risk of variations of interest rates on financial products
Request for a preliminary ruling from the Juzgado de Primera Instancia No 12 de Madrid
Language of the case: Spanish
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Judgment of the Court (Fourth Chamber), 30 May 2013
ECLI:EU:C:2013:344 |
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Case C‑651/11 Staatssecretaris van Financiën v X
VAT — Sixth Directive 77/388/EEC — Article 5(8) — Concept of ‘transfer of a totality of assets or part thereof’ — Disposal of 30% of the shares in a company to which the transferor supplies services that are subject to VAT
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Judgment of the Court (Ninth Chamber), 30 May 2013
ECLI:EU:C:2013:346 |
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Case C‑663/11 Scandic Distilleries v Direcţia Generală de Administrare a Marilor Contribuabili
Request for a preliminary ruling — Directive 92/12/EEC — Excise duties — Products released for consumption in a Member State where the excise duty was paid — Same products transported to another Member State where the excise duty has also been paid — Request for reimbursement of the excise duty paid in the first Member State — Refusal for not introducing the request before the goods were dispatched — Compatibility with EU law
Request for a preliminary ruling from the Curtea de Apel Oradea
Language of the case: Romanian
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Opinion of Advocate General Sharpston delivered on 31 January 2013
ECLI:EU:C:2013:56 |
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Judgment of the Court (Fifth Chamber), 30 May 2013
ECLI:EU:C:2013:347 |
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Case C‑677/11 Doux Élevage and Coopérative agricole UKL-ARREE v Ministère de l'Agriculture, de l'alimentation, de la pêche, de la ruralité et de l'aménagement du territoire and CIDEF
Article 107(1) TFEU — State aid — Concept of ‘State resources’ — Concept of ‘imputability to the State’ — Inter-trade organisations in the agricultural sector — Recognised organisations — Common activities decided on by those organisations in the interests of trade — Financing by means of contributions introduced on a voluntary basis by those organisations — Administrative measure making those contributions compulsory for all traders in the agricultural industry affected
Request for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
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Opinion of Advocate General Wathelet delivered on 31 January 2013
ECLI:EU:C:2013:58 |
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Judgment of the Court (Fifth Chamber), 30 May 2013
ECLI:EU:C:2013:348 |
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Case C‑342/12 Worten v ACT
Processing of personal data — Directive 95/46/EC — Article 2 — Concept of ‘personal data’ — Articles 6 and 7 — Principles relating to data quality and criteria for making data processing legitimate — Article 17 — Security of processing — Working time — Record of working time — Access by the national authority responsible for monitoring working conditions — Employer’s obligation to make available the record of working time so as to allow its immediate consultation
Request for a preliminary ruling from the Tribunal do Trabalho de Viseu
Language of the case: Portuguese
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Judgment of the Court (Third Chamber), 30 May 2013
ECLI:EU:C:2013:355 |
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Case C‑168/13 PPU F. v Premier ministre
Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — Articles 27(4) and 28(3)(c) — European arrest warrant and surrender procedures between Member States — Speciality rule — Application for extension of the European arrest warrant on which the surrender was based or for onward surrender to another Member State — Decision of the judicial authority of the executing Member State to give consent — Appeal with suspensive effect —Whether permitted
Request for a preliminary ruling from the Conseil constitutionnel
Language of the case: French
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Judgment of the Court (Second Chamber), 30 May 2013
ECLI:EU:C:2013:358 |
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Information (on unpublished decisions)
Case C‑584/11 P Dow AgroSciences and Others v Commission
Appeal — Plant protection products — Active substance trifluralin — Non-inclusion in Annex I to Directive 91/414/EEC — Decision 1999/468/EC — Article 5
Case C‑418/12 P TME v Commission
Appeal — Public service contracts — Call for tenders in relation to the rehabilitation of the Bucharest wastewater treatment plant, jointly financed by the ISPA structural funds — Allegedly unlawful decision of the Romanian authorities to reject the tender submitted by the appellant — Refusal of the Commission to open an infringement or financial adjustment procedure against Romania
Case C‑268/12 P Cadila Healthcare v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Likelihood of confusion — Word mark ZYDUS — Opposition by the proprietor of the Community trade mark ZIMBUS — Partial refusal of registration by the Board of Appeal of OHIM
Case C‑542/12 Procura della Repubblica v Fidenato
Article 99 of the Rules of Procedure — Directive 2002/53/EC — Common catalogue of varieties of agricultural plant species — Genetically modified organisms (GMOs) entered in the common catalogue — Regulation (EC) No 1829/2003 — Article 20 — Existing products — Directive 2001/18/EC — Article 26a — Measures to avoid the accidental presence of genetically modified organisms
Case C‑73/13 T
Request for a preliminary ruling — Charter of Fundamental Rights of the European Union — Implementation of EU law — None — Clear lack of jurisdiction of the Court
Case C‑294/12 P You-Q v OHIM
Appeal — Community trade mark — Figurative mark containing the word element ‘BEATLE’ — Opposition by the proprietor of the Community and national word and figurative marks containing the word elements ‘BEATLES’ and ‘THE BEATLES’ — Refusal of registration by the Board of Appeal — Article 8(5) of Regulation (EC) No 40/94
Case C‑498/07 P‑DEP Deoleo (formerly Koipe) v Aceites del Sur-Coosur (formerly Aceites del Sur)
Taxation of costs
Case C‑242/11 P Caixa Geral de Depósitos v Commission
Appeal — Articles 149 and 181 of the Rules of Procedure of the Court of Justice — European Regional Development Fund (ERDF) — Global grant for local development in Portugal — Reduction of financial assistance — No need to adjudicate — Manifest inadmissibility
Case C‑564/11 Consulta Regionale Ordine Ingegneri della Lombardia and Others v Comune di Pavia
Article 99 of the Rules of Procedure — Public contracts — Directive 2004/18/EC — Article 1(2)(a) and (d) — Services — Study and technical and scientific consultancy for the purposes of drawing up the measures forming a municipal town and country planning programme — Contract concluded between two public entities, one of which is a university — Public entity capable of being classified as an economic operator
Case C‑615/11 P Commission v Ryanair
Appeal — Action for failure to act — Article 232 EC — Regulation (EC) No 659/1999 — Article 20(2) — State aid allegedly granted to Italian airlines — Complaint — Lack of a decision from the Commission
Case C‑260/12 P Volkswagen v OHIM
Appeal — Community trade mark — Word mark Swift GTi — Opposition by the proprietor of national and international word marks GTI — Withdrawal of the opposition — Appeal which has become devoid of purpose — No need to adjudicate
Case C‑379/12 P Arav v OHIM
Appeal — Community trade mark — Word mark H.EICH — Opposition by the proprietor of the earlier figurative mark H- SILVIAN HEACH — Refusal of registration
Case C‑444/12 Hardimpex v Nemzeti Adó- és Vámhivatal Kiemelt Ügyek és Adózók Adó
Taxation — VAT — Directive 2006/112/EC — Principle of fiscal neutrality — Right to deduction — Refusal — Suspicious transactions — Fraud committed at an earlier point — Burden of proof
Case C‑14/12 P Shah and Shah v Three-N-Products Private
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Application for registration of the Community word mark AYUURI NATURAL — Opposition by the proprietor of the earlier Community word and figurative marks AYUR — Appeal manifestly inadmissible and manifestly unfounded
Case C‑70/12 P Quinn Barlo and Others v Commission
Appeal — Agreements, decisions and concerted practices — European market for methacrylates — Duration of the infringement — Presumption of innocence — Statement of reasons — Unlimited jurisdiction — General principles of the protection of legitimate expectations and equal treatment — Proportionality of the fine
Case C‑357/12 P Wohlfahrt v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Articles 8(1)(b) and 43(2) — Word sign ‘Kindertraum’ — Opposition of the proprietor of the earlier national word mark Kinder
Case C‑106/13 Fierro and Marmorale v Ronchi and Scocozza
Request for a preliminary ruling — Charter of Fundamental Rights of the European Union — Implementation of EU law — None — Clear lack of jurisdiction of the Court
June 2013
Case C‑300/11 ZZ v Secretary of State for the Home Department
Freedom of movement for persons — Directive 2004/38/EC — Decision refusing a citizen of the European Union admission to a Member State on public security grounds — Article 30(2) of the directive — Obligation to inform the citizen concerned of the grounds of that decision — Disclosure contrary to the interests of State security — Fundamental right to effective judicial protection)
Request for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)
Language of the case: English
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Opinion of Advocate General Bot delivered on 12 September 2012
ECLI:EU:C:2012:563 |
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Judgment of the Court (Grand Chamber), 4 June 2013
ECLI:EU:C:2013:363 |
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Case C‑383/10 Commission v Belgium
Failure of a Member State to fulfil obligations — Articles 56 TFEU and 63 TFEU — Articles 36 and 40 of the EEA Agreement — Tax legislation — Tax exemption reserved to interest payments by resident banks and excluding interest payments by banks established abroad
Language of the case: French
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Judgment of the Court (Fifth Chamber), 6 June 2013
ECLI:EU:C:2013:364 |
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Case C‑536/11 Bundeswettbewerbsbehörde v Donau Chemie and Others
Competition — Access to the file — Judicial proceedings relating to fines for infringement of Article 101 TFEU — Third-party undertakings wishing to bring an action for damages — National rules making access to the file subject to the consent of all parties to the proceedings — Principle of effectiveness
Request for a preliminary ruling from the Oberlandesgericht Wien
Language of the case: German
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Opinion of Advocate General Jääskinen delivered on 7 February 2013
ECLI:EU:C:2013:67 |
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Judgment of the Court (First Chamber), 6 June 2013
ECLI:EU:C:2013:366 |
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Case C‑648/11 MA and Others v Secretary of State for the Home Department
Regulation (EC) No 343/2003 — Determining the Member State responsible — Unaccompanied minor — Successive applications for asylum lodged in two Member States — Absence of a member of the family of the minor in the territory of a Member State — Second paragraph of Article 6 of Regulation No 343/2003 — Transfer of the minor to the Member State in which he lodged his first application — Compatibility — Child’s best interests — Article 24(2) of the Charter
Request for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)
Language of the case: English
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Opinion of Advocate General Cruz Villalón delivered on 21 February 2013
ECLI:EU:C:2013:93 |
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Judgment of the Court (Fourth Chamber), 6 June 2013
ECLI:EU:C:2013:367 |
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Case C‑667/11 Paltrade v Nachalnik na Mitnicheski punkt — Pristanishte Varna pri Mitnitsa Varna
Commercial policy — Regulation (EC) No 1225/2009 — Articles 13 and 14 — Imports of products originating in China — Anti-dumping duties — Circumvention — Re-consignment of goods via Malaysia — Implementing Regulation (EU) No 723/2011 — Registration of imports — Recovery of anti-dumping duties — Retroactivity
Request for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
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Judgment of the Court (Second Chamber), 6 June 2013
ECLI:EU:C:2013:368 |
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Case C‑386/11 Piepenbrock v Kreis Düren
Public contracts — Directive 2004/18/EC — Definition of ‘public contract’ — Article 1(2)(a) — Contract concluded between two local authorities — Transfer by one entity of the responsibility for cleaning certain of its buildings to another entity in return for financial compensation
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
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Judgment of the Court (Fifth Chamber), 13 June 2013
ECLI:EU:C:2013:385 |
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Case C‑511/11 P Versalis (formerly Polimeri Europa) v Commission
Appeal — Agreements, decisions and concerted practices — Market in butadiene rubber and styrene-butadiene rubber manufactured by emulsion polymerisation — Fixing price targets, sharing clients by non-aggression agreements and exchanging commercial information — Evidence — Attributability of unlawful conduct — Amount of the fine — Gravity and duration of the infringement — Aggravating circumstance — Repeated infringement
Language of the case: Italian
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Judgment of the Court (First Chamber), 13 June 2013
ECLI:EU:C:2013:386 |
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Joined Cases C‑630/11 P to C‑633/11 P HGA and Others v Commission
Appeals — Regional State aid — Aid to the hotel industry in Sardinia — New aid — Alteration to an existing aid scheme — Corrective decision — Possibility of adopting such a decision — Regulation (EC) No 659/1999 — Articles 4(5), 7(6), 10(1), 13(2), 16 and 20(1) — Incentive effect of the aid — Protection of legitimate expectations
Language of the case: Italian
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Opinion of Advocate General Bot delivered on 21 March 2013
ECLI:EU:C:2013:194 |
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Judgment of the Court (Second Chamber), 13 June 2013
ECLI:EU:C:2013:387 |
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Joined Cases C‑671/11 to C‑676/11 Viniflhor v Unanimes and Others
Agriculture — European Agricultural Guidance and Guarantee Fund — ‘Period under scrutiny’ — Possibility of extending the period under scrutiny and adjusting the temporal parameters — Objective of effective supervision — Legal certainty
Requests for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
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Judgment of the Court (Fourth Chamber), 13 June 2013
ECLI:EU:C:2013:388 |
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Case C‑3/12 Syndicat OP 84 v FranceAgriMer
Agriculture — European Agricultural Guidance and Guarantee Fund — ‘Scrutiny period’ — Possibility for a Member State to extend the scrutiny period where it is impossible to carry out that scrutiny in the time allowed — Repayment of financial assistance — Penalties
Request for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Jääskinen delivered on 14 March 2013
ECLI:EU:C:2013:170 |
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Judgment of the Court (Fourth Chamber), 13 June 2013
ECLI:EU:C:2013:389 |
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Case C‑45/12 ONAFTS v Hadj Ahmed
Social security for migrant workers — Regulation (EEC) No 1408/71 — Scope ratione personae — Grant of family benefits to a third-country national with a right of residence in a Member State — Regulation (EC) No 859/2003 — Directive 2004/38/EC — Regulation (EEC) No 1612/68 — Length-of-residence requirement
Request for a preliminary ruling from the Cour du travail de Bruxelles
Language of the case: French
| Summary |
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Judgment of the Court (Fourth Chamber), 13 June 2013
ECLI:EU:C:2013:390 |
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Case C‑62/12 Kostov v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Common system of value added tax — Directive 2006/112/EC — Article 9(1) — Concept of ‘taxable person’ — Natural person — Taxable supply of a service — Occasional supply — Unconnected with a registered professional activity subject to VAT — Self-employed bailiff
Request for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Wathelet delivered on 28 February 2013
ECLI:EU:C:2013:129 |
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Judgment of the Court (First Chamber), 13 June 2013
ECLI:EU:C:2013:391 |
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Case C‑125/12 Promociones y Construcciones BJ 200 SL
VAT — Directive 2006/112/EC — Article 199(1)(g) — Voluntary insolvency proceedings — Person liable for payment of tax — Liability of the person who is the recipient of certain transactions — Concept of ‘compulsory sale procedure’
Request for a preliminary ruling from the Juzgado de lo Mercantil No 1 de Granada
Language of the case: Spanish
| Summary |
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Judgment of the Court (Sixth Chamber), 13 June 2013
ECLI:EU:C:2013:392 |
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Case C‑144/12 Goldbet Sportwetten v Sperindeo
Regulation (EC) No 1896/2006 — European order for payment procedure — Articles 6 and 17 — Opposition to the European order for payment without any challenge to the jurisdiction of the court of the Member State of origin — Regulation (EC) No 44/2001 — Jurisdiction and recognition and enforcement of judgments in civil and commercial matters — Article 24 — Entering of an appearance of the defendant before the court seised — Applicability in the context of the European order for payment procedure
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 6 March 2013
ECLI:EU:C:2013:136 |
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Judgment of the Court (Third Chamber), 13 June 2013
ECLI:EU:C:2013:393 |
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Case C‑415/12 Brandes v Land Niedersachsen
Social policy — Directive 2003/88/EC — Entitlement to paid annual leave — Framework agreement on part-time work — Full-time worker having been unable to exercise her entitlement to paid annual leave during the reference period — Move of that worker to a scheme of part-time work — National provision or practice providing for a reduction in the number of days of paid leave previously accumulated thereby to be in proportion to the number of days of part-time work per week
Request for a preliminary ruling from the Arbeitsgericht Nienburg
Language of the case: German
| Summary |
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Order of the Court (Ninth Chamber), 13 June 2013
ECLI:EU:C:2013:398 |
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Case C‑681/11 Bundeswettbewerbsbehörde and Bundeskartellanwalt v Schenker & Co. and Others
Agreements, decisions and concerted practices — Article 101 TFEU — Regulation (EC) No 1/2003 — Articles 5 and 23(2) — Intention-related or negligence-related conditions for imposing a fine — Impact of legal advice or of a decision of a national competition authority — Power of a national competition authority to find the infringement of European Union competition law without imposing a fine
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Kokott delivered on 28 February 2013
ECLI:EU:C:2013:126 |
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Judgment of the Court (Grand Chamber), 18 June 2013
ECLI:EU:C:2013:404 |
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Case C‑568/11 Agroferm v Ministeriet for Fødevarer, Landbrug og Fiskeri
Tariff classification — Combined Nomenclature — Sugar-based product consisting of 65% lysine sulphate and 35% impurities resulting from the manufacturing process — Regulation (EC) No 1719/2005 — Regulation (EC) No 1265/2001 — Production refund on certain products used in the chemical industry — Community aid wrongly paid — Repayment — Principle of the protection of legitimate expectations
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Kokott delivered on 24 January 2013
ECLI:EU:C:2013:35 |
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Judgment of the Court (Second Chamber), 20 June 2013
ECLI:EU:C:2013:407 |
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Case C‑635/11 Commission v Netherlands
Failure of a Member State to fulfil obligations — Directive 2005/56/EC — Cross-border mergers of limited liability companies — Article 16(2)(a) and (b) — Company resulting from a cross-border merger — Employees employed in the Member State where the company has its registered office or in other Member States — Participation rights — Failure to provide identical rights
Language of the case: Dutch
| Summary |
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Judgment of the Court (Eighth Chamber), 20 June 2013
ECLI:EU:C:2013:408 |
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Case C‑653/11 Her Majesty's Commissioners of Revenue and Customs v Newey
Reference for a preliminary ruling — Sixth VAT Directive — Article 2(1) and Article 6(1) — Meaning of ‘supply of services’ — Supply of advertising and loan broking services — Exemptions — Economic and commercial reality of the transactions — Abusive practices — Transactions with the sole aim of obtaining a tax advantage
Request for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
| Summary |
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Judgment of the Court (Third Chamber), 20 June 2013
ECLI:EU:C:2013:409 |
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Case C‑7/12 Riežniece v Latvijas Republikas Zemkopības ministrija and Lauku atbalsta dienests
Social policy — Directive 76/207/EEC — Equal treatment for male and female workers — Directive 96/34/EC — Framework Agreement on Parental Leave — Abolishment of officials’ posts due to national economic difficulties — Assessment of a female worker who took parental leave as compared to workers who remained in active service — Dismissal at the end of parental leave — Indirect discrimination
Request for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
| Summary |
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Judgment of the Court (Fourth Chamber), 20 June 2013
ECLI:EU:C:2013:410 |
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Case C‑20/12 Giersch and Others v État du Grand-Duché de Luxembourg
Freedom of movement for persons — Equal treatment — Social advantages — Regulation (EEC) No 1612/68 — Article 7(2) — Financial aid for higher education studies — Condition of residence in the Member State granting the assistance — Refusal to grant the aid to students, who are European Union citizens not residing in the Member State concerned, whose father or mother, a frontier worker, works in that Member State — Indirect discrimination — Justification — Objective of increasing the proportion of residents with a higher education degree — Whether appropriate — Proportionality
Request for a preliminary ruling from the Tribunal administratif (Luxembourg)
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 7 February 2013
ECLI:EU:C:2013:70 |
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Judgment of the Court (Fifth Chamber), 20 June 2013
ECLI:EU:C:2013:411 |
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Case C‑186/12 Impacto Azul v BPSA 9 and Others
Freedom of establishment — Restrictions — Joint and several liability of parent companies vis-à-vis the creditors of their subsidiaries — Exclusion of parent companies having their seat in another Member State — No restriction
Request for a preliminary ruling from the Tribunal Judicial de Braga
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Ninth Chamber), 20 June 2013
ECLI:EU:C:2013:412 |
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Case C‑219/12 Finanzamt Freistadt Rohrbach Urfahr v Unabhängiger Finanzsenat Außenstelle Linz
Sixth VAT Directive — Article 4(1) and (2) — Concept of ‘economic activities’ — Deduction of input tax — Operation of a photovoltaic installation on the roof of a house which is used as a dwelling — Supply to the network — Remuneration — Electricity production lower than consumption
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 7 March 2013
ECLI:EU:C:2013:152 |
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Judgment of the Court (Second Chamber), 20 June 2013
ECLI:EU:C:2013:413 |
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Case C‑259/12 Teritorialna direktsia na NAP v Rodopi-M 91
Taxation — VAT — Directive 2006/112/EC — Principles of fiscal neutrality and proportionality — Belated recording in the accounts and declaration of the cancellation of an invoice — Remedying of the omission — Payment of the tax — State budget — No harm suffered — Administrative penalty
Request for a preliminary ruling from the Administrativen sad Plovdiv
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Eighth Chamber), 20 June 2013
ECLI:EU:C:2013:414 |
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Case C‑241/11 Commission v Czech Republic
Failure of a Member State to fulfil obligations — Directive 2003/41/EC — Activity and supervision of institutions for occupational retirement provision — Partial failure to transpose within the prescribed period — Judgment of the Court establishing that a Member State has failed to fulfil its obligations — Failure to comply with the judgment — Article 260(2) TFEU — Financial penalties — Lump sum
Language of the case: Czech
| Summary |
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Opinion of Advocate General Jääskinen delivered on 21 March 2013
ECLI:EU:C:2013:181 |
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Judgment of the Court (Grand Chamber), 25 June 2013
ECLI:EU:C:2013:423 |
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Case C‑569/10 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 94/22/EC — Conditions for granting and using authorisations for the prospection, exploration and extraction of hydrocarbons — Non-discriminatory access
Language of the case: Polish
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 20 November 2012
ECLI:EU:C:2012:730 |
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Judgment of the Court (Fourth Chamber), 27 June 2013
ECLI:EU:C:2013:425 |
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Joined Cases C‑457/11 to C‑460/11 VG Wort v KYOCERA (formerly Kyocera Mita Deutschland) and Others and Fujitsu Technology Solutions and Hewlett-Packard v VG Wort
Intellectual and industrial property — Copyright and related rights in the information society — Directive 2001/29/EC — Reproduction right — Fair compensation — Concept of ‘reproductions on paper or any similar medium, effected by the use of any kind of photographic technique or by some other process having similar effects’ — Consequences of the non-application of technological measures which are available to prevent or restrict unauthorised acts — Consequences of an express or implied authorisation to reproduce
Requests for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 24 January 2013
ECLI:EU:C:2013:34 |
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Judgment of the Court (Fourth Chamber), 27 June 2013
ECLI:EU:C:2013:426 |
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Case C‑492/11 Di Donna v SIMSA
Judicial cooperation in civil matters — Mediation in civil and commercial matters — Directive 2008/52/EC — National legislation providing for a compulsory mediation procedure — No need to adjudicate
Request for a preliminary ruling from the Giudice di pace di Mercato San Severino
Language of the case: Italian
| Summary |
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Opinion of Advocate General Kokott delivered on 11 April 2013
ECLI:EU:C:2013:225 |
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Judgment of the Court (Third Chamber), 27 June 2013
ECLI:EU:C:2013:428 |
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Case C‑542/11 Staatssecretaris van Financiën v Codirex Expeditie
Community Customs Code — Regulation (EEC) No 2913/92 — Goods in temporary storage — Non-Community goods — External Community transit procedure — Point at which a customs-approved treatment or use is assigned — Acceptance of the customs declaration — Release of the goods — Customs debt
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Jääskinen delivered on 28 February 2013
ECLI:EU:C:2013:123 |
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Judgment of the Court (Fifth Chamber), 27 June 2013
ECLI:EU:C:2013:429 |
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Case C‑575/11 Nasiopoulos v Ipourgos Igias & Pronias
Recognition of diplomas and other evidence of formal qualifications — Directive 2005/36/EC — Profession of physiotherapist — Partial and limited recognition of professional qualifications — Article 49 TFEU
Request for a preliminary ruling from the Simvoulio tis Epikratias
Language of the case: Greek
| Summary |
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Judgment of the Court (First Chamber), 27 June 2013
ECLI:EU:C:2013:430 |
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Case C‑71/12 Vodafone Malta and Mobisle Communications v L-Avukat Ġenerali and Others
Electronic communications networks and services — Directive 2002/20/EC — Articles 12 and 13 — Administrative charges and fees for rights of use — Charge applicable to mobile telephony operators — National legislation — Method of calculating the charge — Percentage of the costs paid by users
Request for a preliminary ruling from the Qorti Kostituzzjonali
Language of the case: Maltese
| Summary |
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Judgment of the Court (Third Chamber), 27 June 2013
ECLI:EU:C:2013:431 |
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Case C‑93/12 Agrokonsulting-04 v Izpalnitelen direktor na Darzhaven fond Zemedelie Razplashtatelna agentsia
Agriculture — Procedural autonomy of the Member States — Common agricultural policy — Aid — Administrative law disputes — Determination of the court with jurisdiction — National criterion — Administrative court in whose judicial district the seat of the authority which adopted the contested act is located — Principle of equivalence — Principle of effectiveness — Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Bot delivered on 14 March 2013
ECLI:EU:C:2013:172 |
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Judgment of the Court (Third Chamber), 27 June 2013
ECLI:EU:C:2013:432 |
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Case C‑155/12 Minister Finansów v RR Donnelley Global Turnkey Solutions Poland
VAT — Directive 2006/112/EC — Articles 44 and 47 — Place where taxable transactions are deemed to be carried out — Place of supply for tax purposes — Concept of ‘supply of services connected with immovable property’ — Complex cross-border service relating to the storage of goods
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Opinion of Advocate General Kokott delivered on 31 January 2013
ECLI:EU:C:2013:57 |
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Judgment of the Court (First Chamber), 27 June 2013
ECLI:EU:C:2013:434 |
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Case C‑320/12 Malaysia Dairy Industries v Ankenævnet for Patenter og Varemærker
Approximation of laws — Directive 2008/95/EC — Article 4(4)(g) — Trade marks — Conditions for obtaining and continuing to hold a trade mark — Refusal of registration or invalidation — Concept of ‘bad faith’ of the applicant — Whether the applicant knows of the existence of a foreign mark
Request for a preliminary ruling from the Højesteret
Language of the case: Danish
| Summary |
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Judgment of the Court (Fifth Chamber), 27 June 2013
ECLI:EU:C:2013:435 |
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Information (on unpublished decisions)
Case C‑183/12 P Ayadi v Commission
Appeal — Common foreign and security policy (CFSP) — Restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Regulation (EC) No 881/2002 — Action for annulment — Removal of the interested party from the list of persons and entities concerned — Interest in bringing proceedings
Case C‑381/12 P I Marchi Italiani v OHIM
Appeal — Community trade mark — Community mark B. Antonio Basile 1952 — Earlier national mark BASILE — Application for a declaration of invalidity — Limitation in consequence of acquiescence — Regulation (EC) No 40/94 — Article 53(2) — Relative ground for refusal — Article 8(1) of that regulation — Likelihood of confusion
Case C‑397/12 P Transports Schiocchet - Excursions v Council and Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Appeal manifestly unfounded and manifestly inadmissible — No failure to state reasons — Imprecise ground of appeal — Ground of appeal seeking reconsideration of the application at first instance
Case C‑535/12 P Faet Oltra v European Ombudsman
Appeal — Article 19 of the Statute of the Court — Action for annulment manifestly inadmissible — Principles of equal treatment and proportionality — Grounds of appeal manifestly unfounded
Case C‑14/13 Cholakova v Osmo Rayonno Upravlenie pri Stolichna direktsia na vatreshnite raboti
Request for a preliminary ruling — Articles 21(1) TFEU, 67 TFEU and 72 TFEU — Charter of Fundamental Rights of the European Union — National rules permitting a person to be detained in order to establish his identity — Lack of connection with EU law — Clear lack of jurisdiction of the Court
Case C‑193/12 Commission v France
Failure of a Member State to fulfil obligations — Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources — Designation of vulnerable zones — Excessive nitrate content — Eutrophication — Obligation of four-yearly revision
Case C‑287/12 P Ryanair v Commission
Appeal — State aid — Loan granted by the Italian Republic to the airline company Alitalia — Decision declaring the aid unlawful and incompatible — Sale of assets of Alitalia — Decision finding no aid at the conclusion of the preliminary examination phase — Action for annulment — Locus standi — Interested party — Admissibility — Serious difficulties — Competence — Duty to state reasons
Case C‑345/12 Commission v Italy
Failure of a Member State to fulfil obligations — Directive 2002/91/EC — Energy performance of buildings — Article 7(1) and (2), Article 9, Article 10 and Article 15(1) — Incorrect transposition — Failure to transpose within the prescribed period — Directive 2010/31/EU — Article 29
Case C‑346/12 P DMK Deutsches Milchkontor (formerly Nordmilch) v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Community word mark MILRAM — Opposition by the proprietor of the earlier national word and figurative marks RAM
Case C‑436/12 P Veolia Acqua Compagnia Generale delle Acque v Commission
Appeal — State aid — Aid to undertakings established in the territory of Venice and Chioggia
Case C‑269/12 P Cañas v Commission
Appeal — Competition — Anti-doping legislation — Decision to take no further action on a complaint lodged before the Commission — Concept of ‘interest in bringing proceedings’ — That interest remaining after the professional activity has ceased
Case C‑352/12 Consiglio Nazionale degli Ingegneri v Comune di Castelvecchio Subequo and Comune di Barisciano
Article 99 of the Rules of Procedure — Public contracts — Directive 2004/18/EC — Article 1(2)(a) and (d) — Services — Support activities relating to the drawing up of a reconstruction plan for certain parts of the territory of a municipality damaged by an earthquake — Contract concluded between two public entities, one a university — Public entity likely to be classified as an economic operator — Extraordinary circumstances
Case C‑468/12 CCIAA v Ciesse
Request for a preliminary ruling — Rules of Procedure — Articles 53(2), 93(a), and 99 — Directive 2008/7/EC — Indirect taxes on the raising of capital — Article 5(1)(c) — Scope — Annual duty paid to local chambers of commerce, industry, crafts and agriculture
Case C‑471/12 P Interspeed v Commission
Appeal — Essential procedural requirements — Compulsory representation of natural or legal persons by a lawyer authorised to practise before the courts or tribunals of a Member State — Application for legal aid — Manifest inadmissibility
Case C‑485/11 Commission v France
Failure of a Member State to fulfil obligations — Electronic communications networks and services — Directive 2002/20/EC — Article 12 — Administrative charges applicable to undertakings holding general authorisations — National legislation — Electronic telecommunications operators — Requirement to pay an additional charge
Case C‑149/12 P Xeda International and Pace International v Commission
Appeal — Plant protection products — Diphenylamine — Non-inclusion in Annex I to Directive 91/414/EEC — Procedure for the assessment of active substances — Withdrawal by notifier of support for inclusion of an active substance in that annex — Regulation (EC) No 1490/2002 and Regulation (EC) No 1095/2007
Case C‑566/12 P Baleanu v Commission
Appeal — Failure of the Commission to initiate proceedings for failure to fulfil obligations against Romania — Alleged infringements of the right to property by the Romanian authorities — Action for failure to act and for damages — Manifest inadmissibility
Case C‑567/12 P Barliba v Commission
Appeal — Failure of the Commission to initiate proceedings for failure to fulfil obligations against Romania — Alleged infringements of the right to property by the Romanian authorities — Action for failure to act and for damages — Manifest inadmissibility
Case C‑568/12 P Ioanovici v Commission
Appeal — Failure of the Commission to initiate proceedings for failure to fulfil obligations against Romania — Alleged infringements of the right to property by the Romanian authorities — Action for failure to act and for damages — Manifest inadmissibility
Case C‑569/12 P Micsunescu v Commission
Appeal — Failure of the Commission to initiate proceedings for failure to fulfil obligations against Romania — Alleged infringements of the right to property by the Romanian authorities — Action for failure to act and for damages — Manifest inadmissibility
Case C‑570/12 P Concal v Commission
Appeal — Failure of the Commission to initiate proceedings for failure to fulfil obligations against Romania — Alleged infringements of the right to property by the Romanian authorities — Action for failure to act and for damages — Manifest inadmissibility
July 2013
Case C‑287/11 P Commission v Aalberts Industries and Others
Appeal — Agreements, decisions and concerted practices — European market — Copper and copper alloy fittings sector — Commission decision — Finding of an infringement of Article 101 TFEU — Fines — Single, complex and continuous infringement — Cessation of the infringement — Continuation of the infringement by certain participants — Repeated infringement
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 28 February 2013
ECLI:EU:C:2013:119 |
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Judgment of the Court (Third Chamber), 4 July 2013
ECLI:EU:C:2013:445 |
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Case C‑350/11 Argenta Spaarbank v Belgische Staat
Tax legislation — Corporation tax — Deduction for risk capital — Notional interest — Reduction of the amount deductible by companies with establishments abroad the income from which is exempt under double taxation conventions
Request for a preliminary ruling from the rechtbank van eerste aanleg te Antwerpen
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Mengozzi delivered on 19 September 2012
ECLI:EU:C:2012:580 |
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Judgment of the Court (First Chamber), 4 July 2013
ECLI:EU:C:2013:447 |
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Case C‑100/12 Fastweb v Azienda Sanitaria Locale di Alessandria
Public procurement — Directive 89/665/EEC — Public procurement review — Action brought by an unsuccessful tenderer for review of a decision awarding a contract — Action for review based on the ground that the bid selected did not meet the technical specifications for the contract — Counterclaim made by the successful tenderer alleging that certain technical specifications for the contract were not respected in the bid submitted by the tenderer seeking review — Neither of those bids in compliance with the technical specifications for the contract — National case-law requiring that the counterclaim be examined first and, where such a counterclaim proves well founded, that the main action be declared inadmissible without any consideration of its merits — Whether compatible with EU law
Request for a preliminary ruling from the Tribunale amministrativo regionale per il Piemonte
Language of the case: Italian
| Summary |
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Judgment of the Court (Tenth Chamber), 4 July 2013
ECLI:EU:C:2013:448 |
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Case C‑233/12 Gardella v INPS
Transfer of pension rights acquired in a Member State — Articles 45 TFEU and 48 TFEU — National rules not allowing for the right to transfer to an international organisation having its head office in another Member State the capital value representing the retirement contributions paid to a national social security body — Aggregation rule
Request for a preliminary ruling from the Tribunale di La Spezia
Language of the case: Italian
| Summary |
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Judgment of the Court (Fifth Chamber), 4 July 2013
ECLI:EU:C:2013:449 |
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Case C‑496/09 INT Commission v Italy
Interpretation of a judgment — Inadmissibility
Language of the case: Italian
| Summary |
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Order of the Court (Third Chamber), 11 July 2013
ECLI:EU:C:2013:461 |
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Case C‑545/10 Commission v Czech Republic
Failure of a Member State to fulfil obligations — Transport — Directive 91/440/EEC — Development of the Community’s railways — Article 10(7) — Regulatory body — Competences — Directive 2001/14/EC — Allocation of railway infrastructure capacity — Article 4(1) — Charging framework — Article 6(2) — Measures intended to provide the infrastructure manager with incentives to reduce the costs of provision of infrastructure and the level of access charges — Article 7(3) — Setting charges for the minimum access package and track access to service facilities — Cost directly incurred as a result of operating the railway service — Article 11 — Performance scheme — Article 30(5) — Regulatory body — Competences — Administrative appeal against the decisions of the regulatory body
Language of the case: Czech
| Summary |
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Opinion of Advocate General Jääskinen delivered on 13 December 2012
ECLI:EU:C:2012:791 |
|
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Judgment of the Court (First Chamber), 11 July 2013
ECLI:EU:C:2013:509 |
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Case C‑576/10 Commission v Netherlands
Failure of a Member State to fulfil obligations — Directive 2004/18/EC — Scope ratione temporis — Public works concession — Sale of land by a public body — Construction project established by that body for the redevelopment of public spaces
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Wathelet delivered on 11 April 2013
ECLI:EU:C:2013:219 |
|
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Judgment of the Court (Second Chamber), 11 July 2013
ECLI:EU:C:2013:510 |
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Case C‑627/10 Commission v Slovenia
Failure of a Member State to fulfil obligations – Transport — Directive 91/440/EEC — Development of the Community’s railways — Directive 2001/14/EC — Allocation of railway infrastructure capacity — Article 6(3) and Annex II to Directive 91/440 — Article 14(2) of Directive 2001/14 — Infrastructure manager — Participation in the preparation of the service timetable — Traffic management — Article 6(2) to (5) of Directive 2001/14 — Failure to provide incentives for infrastructure managers to reduce the costs of provision of infrastructure and the level of access charges — Articles 7(3) and 8(1) of Directive 2001/14 — Cost that is directly incurred as a result of operating the train service — Article 11 of Directive 2001/14 — Performance scheme
Language of the case: Slovene
| Summary |
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Opinion of Advocate General Jääskinen delivered on 13 December 2012
ECLI:EU:C:2012:793 |
|
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Judgment of the Court (First Chamber), 11 July 2013
ECLI:EU:C:2013:511 |
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Case C‑409/11 Csonka and Others v Magyar Állam
Use of motor vehicles — Insurance against civil liability — Directive 72/166/EEC — Article 3(1) — Directive 84/5/EEC — Article 1(4), first subparagraph — Insolvency of the insurer — No payment of compensation by the body providing compensation
Request for a preliminary ruling from the Fővárosi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Mengozzi delivered on 24 October 2012
ECLI:EU:C:2012:660 |
|
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Judgment of the Court (First Chamber), 11 July 2013
ECLI:EU:C:2013:512 |
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Case C‑412/11 Commission v Luxembourg
Failure of a Member State to fulfil obligations — Transport — Development of the Community’s railways — Directive 91/440/EEC — Article 6(3) and Annex II — Directive 2001/14/EC — Article 14(2) — Independence of the body to which the exercise of essential functions is entrusted
Language of the case: French
| Summary |
|
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Opinion of Advocate General Jääskinen delivered on 13 December 2012
ECLI:EU:C:2012:809 |
|
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Judgment of the Court (First Chamber), 11 July 2013
ECLI:EU:C:2013:462 |
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Case C‑439/11 P Ziegler v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — International removal services market in Belgium — Guidelines on the effect on trade between Member States — Legal status — Requirement to define the relevant market — Scope — Right to fair legal process — Principle of good administration — Objective impartiality on the part of the Commission — Guidelines on the method of setting fines (2006) — Proportion of the value of sales — Obligation to state reasons — Fine reduced on grounds of inability to pay or the special circumstances of the case — Equal treatment
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 13 December 2012
ECLI:EU:C:2012:800 |
|
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Judgment of the Court (Third Chamber), 11 July 2013
ECLI:EU:C:2013:513 |
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Case C‑440/11 P Commission v Gosselin Group and Stichting Administratiekantoor Portielje
Appeal — Competition — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — International removal services market in Belgium — Direct or indirect fixing of prices, market sharing and the manipulation of the procedure for the submission of tenders — Unlawful conduct imputable to the entity controlling the shareholdings — Definition of ‘undertaking’ — Presumption of actual exercise of decisive influence — Restriction of competition by object — Guidelines on the effect on trade between Member States — Guidelines on the method of setting fines (2006) — Mitigating circumstances
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 29 November 2012
ECLI:EU:C:2012:763 |
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Judgment of the Court (Third Chamber), 11 July 2013
ECLI:EU:C:2013:514 |
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Case C‑521/11 Amazon.com International Sales and Others v Austro-Mechana
Approximation of laws — Intellectual property — Copyright and related rights — Exclusive right of reproduction — Directive 2001/29/EC — Article 5(2)(b) — Fair compensation — Indiscriminate application with a possible right to recovery of the private copying levy intended to finance compensation — Payment of the revenue collected in part to rightholders and in part to social or cultural institutions — Double payment of the private copying levy in the context of a cross-border transaction
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 7 March 2013
ECLI:EU:C:2013:145 |
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Judgment of the Court (Second Chamber), 11 July 2013
ECLI:EU:C:2013:515 |
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Case C‑601/11 P France v Commission
Appeal — Action for annulment — Protection against transmissible spongiform encephalopathies — Regulation (EC) No 746/2008 — Regulation authorising less restrictive measures of surveillance and eradication than those previously laid down — Precautionary principle — Level of protection of human health — New elements capable of altering the perception of the risk — Failure to state reasons — Distortion of the facts — Error of law
Language of the case: French
| Summary |
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Judgment of the Court (Fourth Chamber), 11 July 2013
ECLI:EU:C:2013:465 |
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Case C‑657/11 Belgian Electronic Sorting Technology v Peelaers and Visys
Directives 84/450/EEC and 2006/114/EC — Misleading and comparative advertising — Definition of ‘advertising’ — Registration and use of a domain name — Use of metatags in a website’s metadata
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Mengozzi delivered on 21 March 2013
ECLI:EU:C:2013:195 |
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Judgment of the Court (Third Chamber), 11 July 2013
ECLI:EU:C:2013:516 |
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Case C‑57/12 Femarbel v Commission communautaire commune
Directive 2006/123/EC — Scope ratione materiae — Health care services — Social services — Day-care centres and night-care centres providing assistance and care to elderly persons
Request for a preliminary ruling from the Cour constitutionnelle (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 14 March 2013
ECLI:EU:C:2013:171 |
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Judgment of the Court (First Chamber), 11 July 2013
ECLI:EU:C:2013:517 |
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Case C‑273/12 Directeur général des douanes et droits indirects and Chef de l'agence de poursuites de la Direction nationale du renseignement et des enquêtes douanières v Harry Winston
Community Customs Code — Regulation (EEC) No 2913/92 — Article 206 — Incurrence of a customs debt — Theft of goods placed under customs warehousing arrangements — Notion of ‘irretrievable loss of goods as a result of force majeure’– Directive 2006/112/EC — Article 71 — Value added tax — Chargeable event — Chargeability of tax
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Judgment of the Court (Second Chamber), 11 July 2013
ECLI:EU:C:2013:466 |
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Joined Cases C‑584/10 P, C‑593/10 P and C‑595/10 P Commission v Kadi and Council and United Kingdom v Commission
Appeal — Common Foreign and Security Policy (CFSP) — Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban — Regulation (EC) No 881/2002 — Freezing of funds and economic resources of a person included in a list drawn up by a body of the United Nations — Listing of that person’s name in Annex I to Regulation (EC) No 881/2002 — Action for annulment — Fundamental rights — Rights of the defence — Principle of effective judicial protection — Principle of proportionality — Right to respect for property — Obligation to state reasons
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 19 March 2013
ECLI:EU:C:2013:176 |
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Judgment of the Court (Grand Chamber), 18 July 2013
ECLI:EU:C:2013:518 |
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Case C‑201/11 P UEFA v Commission
Appeal — Television broadcasting — Directive 89/552/EEC — Article 3a — Measures taken by the United Kingdom concerning events of major importance for the society of that Member State — European Football Championship — Decision declaring the measures compatible with EU law — Statement of reasons — Article 49 EC and 86 EC — Right to property
Language of the case: English
| Summary |
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Opinion of Advocate General Jääskinen delivered on 12 December 2012
ECLI:EU:C:2012:786 |
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Judgment of the Court (Third Chamber), 18 July 2013
ECLI:EU:C:2013:519 |
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Case C‑204/11 P FIFA v Commission
Appeal — Television broadcasting — Directive 89/552/EEC — Article 3a — Measures taken by the Kingdom of Belgium concerning events of major importance for the society of that Member State — Football World Cup — Decision declaring the measures compatible with EU law — Statement of reasons — Articles 43 EC and 49 EC — Right to property
Language of the case: English
| Summary |
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Judgment of the Court (Third Chamber), 18 July 2013
ECLI:EU:C:2013:477 |
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Case C‑205/11 P FIFA v Commission
Appeal — Television broadcasting — Directive 89/552/EEC — Article 3a — Measures taken by the United Kingdom concerning events of major importance for the society of that Member State — Football World Cup — Decision declaring the measures compatible with EU law — Statement of reasons — Articles 43 EC, 49 EC and 86 EC — Right to property
Language of the case: English
| Summary |
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Judgment of the Court (Third Chamber), 18 July 2013
ECLI:EU:C:2013:478 |
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Joined Cases C‑210/11 and C‑211/11 Belgian State v Medicom and Maison Patrice Alard
Requests for a preliminary ruling — Sixth VAT Directive — Article 6(2), first paragraph, point (a) and Article 13(B)(b) — Right to deduction — Capital goods belonging to legal persons made partly available to their managers for private use — No rent payable in money, but taking into account of a benefit in kind for income tax purposes
Requests for a preliminary ruling from the Cour de cassation (Belgium)
Language of the case: French
| Summary |
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Judgment of the Court (Sixth Chamber), 18 July 2013
ECLI:EU:C:2013:479 |
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Case C‑313/11 Commission v Poland
Failure of a Member State to fulfil obligations — Regulation (EC) No 1829/2003 — Animal feed — Genetically modified feed — Production, placing on the market or use — National prohibition not yet in force
Language of the case: Polish
| Summary |
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Judgment of the Court (Fifth Chamber), 18 July 2013
ECLI:EU:C:2013:481 |
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Case C‑414/11 Daiichi Sankyo and Sanofi-Aventis Deutschland v DEMO
Common commercial policy — Article 207 TFEU — Commercial aspects of intellectual property — Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) — Article 27 — Patentable subject-matter — Article 70 — Protection of existing subject-matter
Request for a preliminary ruling from the Polimeles Protodikio Athinon
Language of the case: Greek
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 31 January 2013
ECLI:EU:C:2013:49 |
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Judgment of the Court (Grand Chamber), 18 July 2013
ECLI:EU:C:2013:520 |
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Case C‑426/11 Alemo-Herron and Others v Parkwood Leisure
Transfer of undertakings — Directive 2001/23/EC — Safeguarding of employees’ rights — Collective agreement applicable to the transferor and to the employee at the time of the transfer
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 19 February 2013
ECLI:EU:C:2013:82 |
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Judgment of the Court (Third Chamber), 18 July 2013
ECLI:EU:C:2013:521 |
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Case C‑499/11 P Dow Chemical and Others v Commission
Appeal — Agreements, decisions and concerted practices — Market in butadiene rubber and emulsion styrene butadiene rubber — Fixing price targets, sharing clients by non-aggression agreements and exchanging commercial information — Imputability of the offending conduct — Discretion enjoyed by the Commission — Multiplier for deterrence — Equal treatment
Language of the case: English
| Summary |
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Judgment of the Court (First Chamber), 18 July 2013
ECLI:EU:C:2013:482 |
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Case C‑501/11 P Schindler Holding and Others v Commission
Appeal — Agreements, decisions and concerted practices — Market for the installation and maintenance of elevators and escalators — Liability of the parent company for infringements of the law on cartels committed by its subsidiary — Holding company — Internal compliance programme — Fundamental rights — Principles of the rule of law in the context of determination of the fines imposed — Separation of powers, and principles of legality, of non-retroactivity, of the protection of legitimate expectations and of fault — Regulation (EC) No 1/2003 — Article 23(2) — Validity — Legality of the 1998 Commission guidelines
Language of the case: German
| Summary |
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Opinion of Advocate General Kokott delivered on 18 April 2013
ECLI:EU:C:2013:248 |
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Judgment of the Court (Fifth Chamber), 18 July 2013
ECLI:EU:C:2013:522 |
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Case C‑515/11 Deutsche Umwelthilfe v Bundesrepublik Deutschland
Public access to environmental information — Directive 2003/4/EC — Power of the Member States to exclude bodies acting in a legislative capacity from the definition of ‘public authority’ under that directive — Limits
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 21 March 2013
ECLI:EU:C:2013:189 |
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Judgment of the Court (Second Chamber), 18 July 2013
ECLI:EU:C:2013:523 |
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Joined Cases C‑523/11 and C‑585/11 Prinz and Seeberger v Region Hannover and Studentenwerk Heidelberg
Citizenship of the Union — Articles 20 TFEU and 21 TFEU — Right of freedom of movement and residence — Education or training grant awarded to nationals of a Member State in order to pursue their studies in another Member State — Requirement of residence in the home Member State for at least three years prior to the commencement of studies
Requests for a preliminary ruling from the Verwaltungsgericht Hannover
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 21 February 2013
ECLI:EU:C:2013:90 |
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Judgment of the Court (Third Chamber), 18 July 2013
ECLI:EU:C:2013:524 |
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Case C‑621/11 P New Yorker SHK Jeans v OHIM
Appeal — Application for registration of the Community word mark FISHBONE — Opposition proceedings — Earlier national figurative mark FISHBONE BEACHWEAR — Genuine use of the earlier mark — Taking into account additional evidence not submitted within the time-limit set — Regulation (EC) No 207/2009 — Articles 42(2) and (3) and Article 76(2) — Regulation (EC) No 2868/95 — Rule 22(2)
Language of the case: English
| Summary |
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Opinion of Advocate General Sharpston delivered on 16 May 2013
ECLI:EU:C:2013:326 |
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Judgment of the Court (Fourth Chamber), 18 July 2013
ECLI:EU:C:2013:484 |
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Case C‑6/12 P v Veronsaajien oikeudenvalvontayksikkö
State aid — Articles 107 and 108 TFEU — Condition of ‘selectivity’ — Regulation (EC) No 659/1999 — Article 1(b)(i) — Existing aid — National legislation concerning corporate income tax — Deductibility of losses sustained — Non-deductibility in the case of change of ownership — Authorisation of derogations — Degree of latitude of the tax authorities
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Sharpston delivered on 7 February 2013
ECLI:EU:C:2013:69 |
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Judgment of the Court (Fifth Chamber), 18 July 2013
ECLI:EU:C:2013:525 |
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Case C‑26/12 PPG Holdings v Inspecteur van de Belastingdienst/Noord/kantoor Groningen
Value added tax — Sixth Directive 77/388/EEC — Articles 17 and 13B(d)(6) — Exemptions — Deduction of input tax — Pension fund — Concept of ‘management of special investment funds’
Request for a preliminary ruling from the Gerechtshof te Leeuwarden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 18 April 2013
ECLI:EU:C:2013:254 |
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Judgment of the Court (Fourth Chamber), 18 July 2013
ECLI:EU:C:2013:526 |
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Case C‑78/12 Evita-K v Direktor na Direktsia Obzhalvane i upravlenie na izpalnenieto Sofia
Directive 2006/112/EC — Common system of value added tax — Supply of goods — Concept — Right to deduct — Refusal — Actual performance of a taxable transaction — Regulation (EC) No 1760/2000 — System for the identification and registration of bovine animals — Ear tags
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Second Chamber), 18 July 2013
ECLI:EU:C:2013:486 |
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Case C‑99/12 Eurofit v Bureau d'intervention et de restitution belge
Request for a preliminary ruling — Agriculture — Common organisation of the markets — Regulation (EEC) No 3665/87 — Export refunds — Misappropriation of goods intended for export — Exporter’s obligation to reimburse refunds — Failure of the competent authorities to provide information regarding the reliability of a contractor who is suspected of fraud — Force majeure — Absence
Request for a preliminary ruling from the tribunal de première instance de Bruxelles
Language of the case: French
| Summary |
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Judgment of the Court (Sixth Chamber), 18 July 2013
ECLI:EU:C:2013:487 |
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Case C‑124/12 AES-3C Maritza East 1 v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
Value added tax — Directive 2006/112/EC — Articles 168(a) and 176 — Right to deduction — Expenditure related to the purchase of goods and the supply of services for staff — Staff supplied to the taxable persons claiming the right to deduction but employed by another taxable person
Request for a preliminary ruling from the Administrativen sad Plovdiv
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Sixth Chamber), 18 July 2013
ECLI:EU:C:2013:488 |
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Case C‑136/12 Consiglio nazionale dei geologi and Autorità Garante della Concorrenza e del mercato v Autorità Garante della Concorrenza e del mercato and Consiglio nazionale dei geologi
Third paragraph of Article 267 TFEU — Scope of the obligation on courts of final instance to make a reference for a preliminary ruling — Article 101 TFEU — Code of conduct of a professional association prohibiting the application of fee scales which are not commensurate with the dignity of the profession
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Fourth Chamber), 18 July 2013
ECLI:EU:C:2013:489 |
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Case C‑147/12 ÖFAB v Koot and Evergreen Investments
Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Court with jurisdiction — Special jurisdiction in ‘matters relating to contract’ and ‘matters relating to tort, delict and quasi-delict’
Request for a preliminary ruling from the Hovrätten för Nedre Norrland
Language of the case: Swedish
| Summary |
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Judgment of the Court (Fifth Chamber), 18 July 2013
ECLI:EU:C:2013:490 |
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Case C‑211/12 Martini v Ministero delle Attività Produttive
Agriculture — System of import licences — Regulation (EC) No 1291/2000 — Article 35(4)(c) — Securities lodged at the time of application for the issue of the licences — Import licence — Late submission of proof of its use — Penalty — Calculation of the amount forfeited — Regulation (EC) No 958/2003 — Tariff quotas
Request for a preliminary ruling from the Corte d’appello di Roma
Language of the case: Italian
| Summary |
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Judgment of the Court (Ninth Chamber), 18 July 2013
ECLI:EU:C:2013:493 |
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Joined Cases C‑228/12 to C‑232/12 and C‑254/12 to C‑258/12 Vodafone Omnitel and Others v Autorità per le Garanzie nelle Comunicazioni and Others
Electronic communications networks and services — Directive 2002/20/EC — Article 12 — Administrative charges imposed on undertakings in the sector concerned — National legislation making operators of electronic communications subject to the payment of a charge intended to cover the operating costs of the national regulatory authorities
Requests for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio
Language of the case: Italian
| Summary |
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Judgment of the Court (Eighth Chamber), 18 July 2013
ECLI:EU:C:2013:495 |
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Case C‑234/12 Sky Italia v Autorità per le Garanzie nelle Comunicazioni
Television broadcasting — Directive 2010/13/EU — Articles 4(1) and 23(1) — Advertising spots — National rule laying down a maximum percentage of broadcasting time which can be dedicated to advertising for pay-TV broadcasters which is lower than that laid down for free-to-air TV broadcasters — Equal treatment — Freedom to provide services
Request for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio
Language of the case: Italian
| Summary |
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Opinion of Advocate General Kokott delivered on 16 May 2013
ECLI:EU:C:2013:323 |
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Judgment of the Court (Second Chamber), 18 July 2013
ECLI:EU:C:2013:496 |
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Case C‑252/12 Specsavers International Healthcare and Others v Asda Stores
Trade marks — Regulation (EC) No 207/2009 — Articles 9(1)(b) and (c), 15(1) and 51(1)(a) — Grounds for revocation — Definition of ‘genuine use’ — Trade mark used together with another trade mark or as part of a ‘compound trade mark’ — Colour or combination of colours in which a trade mark is used — Reputation
Request for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)
Language of the case: English
| Summary |
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Judgment of the Court (Third Chamber), 18 July 2013
ECLI:EU:C:2013:497 |
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Case C‑265/12 Citroën Belux v Federatie voor Verzekerings- en Financiële Tussenpersonen
Article 56 TFEU — Freedom to provide services — Directive 2005/29/EC — Unfair commercial practices — Consumer protection — Combined offers involving at least one financial service — Prohibition — Exceptions
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
| Summary |
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Judgment of the Court (First Chamber), 18 July 2013
ECLI:EU:C:2013:498 |
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Case C‑299/12 Green Swan Pharmaceuticals CR v Státní zemědělská a potravinářská inspekce
Consumer protection — Regulation (EC) No 1924/2006 — Nutrition and health claims made on foods — Article 2(2)(6) — ‘Reduction of disease risk claim’ — Article 28(2) — Products bearing trade marks or brand names — Transitional measures
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Judgment of the Court (Ninth Chamber), 18 July 2013
ECLI:EU:C:2013:501 |
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Case C‑315/12 Metro Cash & Carry Danmark v Skatteministeriet
Excise duty — Directive 92/12/EEC — Articles 7 to 9 — Directive 2008/118/EC — Articles 32 to 34 — Intra-Community movement of products subject to excise — Regulation (EEC) No 3649/92 — Articles 1 and 4 — Simplified accompanying document — Copy 1 — ‘Cash & carry’ business — Products released for consumption in a Member State and held for commercial purposes in another Member State or products acquired by private individuals for their own use and transported by them — Spirits — No obligation on the supplier to check
Request for a preliminary ruling from the Højesteret
Language of the case: Danish
| Summary |
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Judgment of the Court (Eighth Chamber), 18 July 2013
ECLI:EU:C:2013:503 |
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Information (on unpublished decisions)
Case C‑312/11 Commission v Italy
Failure of a Member State to fulfil obligations — Directive 2000/78/EC — Article 5 — Establishing a general framework for equal treatment in employment and occupation — Persons with disabilities — Insufficient implementing measures
Case C‑572/11 Menidzherski biznes reshenia v Direktor na Direktsia Obzhalvane i upravlenie na izpalnenieto V. Tarnovo
Directive 2006/112/EC — VAT — Right to deduct — Refusal — Tax mentioned on an invoice — Actual performance of a taxable transaction — None — Evidence — Principles of fiscal neutrality and the protection of legitimate expectations
Case C‑520/12 P Diadikasia Symvouloi Epicheiriseon v Commission and Others
Appeals — Instrument for Pre-Accession Assistance — Public procurement — Project for the enlargement of the European Turkish Business Centres Network — Decision not to award the project — Application for damages for the alleged losses — National decision — No involvement by European Union bodies
Case C‑586/11 P Regione Puglia v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — ERDF — Decision reducing financial aid — Fourth paragraph of Article 263 TFEU — Regional body — Act directly affecting that body — Inadmissibility
Case C‑429/11 P Gosselin Group v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — International removal services market in Belgium — Direct or indirect fixing of prices, market-sharing and the manipulation of the procedure for the submission of tenders — Classification — Infringement of competition by object — Obligation to state reasons — Guidelines on the effect on trade between Member States — Legal force — Obligation to define the relevant market — Scope — Guidelines on the method of setting fines (2006) — Proportion of the value of sales — Gravity of the infringement — Mitigating circumstances — Obligation to state reasons — Regulation (EC) No 1/2003 — Article 25 — Limitation period — Repeated infringement
Case C‑444/11 P Team Relocations and Others v Commission
Appeals — Competition — Agreements, decisions and concerted practices — Article 81 EC and Article 53 of the EEA Agreement — International removal services market in Belgium — Direct and indirect price-fixing, market-sharing and manipulation of the procedures for the submission of tenders — Single and continuous infringement — Imputability — Guidelines on the method of setting fines (2006) — Value of sales — Concept — Proportion — Additional amount — Mitigating circumstances — Obligation to state reasons — Imputability to the parent company of the infringement — Regulation (EC) No 1/2003 — Article 23(2) — Ceiling of 10% of turnover — Proportionality
Case C‑430/12 Luca v Casa de Asigurări de Sănătate Bacău
Article 99 of the Rules of Procedure — Social security — Freedom to provide services — Regulation (EEC) No 1408/71 — Article 22 — Sickness insurance — Hospital treatment provided in another Member State — Prior authorisation — Compensation for the insured person
Case C‑261/11 Commission v Denmark
Failure of a Member State to fulfil obligations — Freedom of establishment — Article 49 TFEU — Article 31 of the EEA Agreement — Restrictions — Tax legislation — Transfer of assets to another Member State — Immediate taxation of unrealised capital gains
Case C‑520/11 Commission v France
Failure of a Member State to fulfil obligations — Decision 2009/726/EC — Non-compliance — Imports of milk and milk products — Origin — At-risk holdings in terms of cases of spongiform encephalopathies — National prohibitions
Case C‑412/12 Commission v Cyprus
Failure of a Member State to fulfil obligations — Directive 1999/31/EC — Landfill of waste — Operation in the absence of a conditioning plan for the site — Obligation to close down the site
September 2013
Case C‑278/13 P(R) Commission v Pilkington Group
Appeal — Administrative procedure — Publication of a Commission decision concerning a cartel on the European market for glass for use in motor vehicles — Suspension of operation of a Commission decision rejecting in part the applicant’s request that certain information in the decision concerning the cartel be treated as confidential
Language of the case: English
| Summary |
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Order of the Vice-President of the Court, 10 September 2013
ECLI:EU:C:2013:558 |
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Case C‑383/13 PPU G. and R. v Staatssecretaris van Veiligheid en Justitie
Visas, asylum, immigration and other policies related to free movement of persons — Immigration policy — Illegal immigration and illegal residence — Repatriation of illegal residents — Directive 2008/115/EC — Return of illegally staying third-country nationals — Removal process — Detention measure — Extension of detention — Article 15(2) and (6) — Rights of the defence — Right to be heard — Infringement — Consequences
Request for a preliminary ruling from the Raad van State (Netherlands)
Language of the case: Dutch
| Summary |
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Judgment of the Court (Second Chamber), 10 September 2013
ECLI:EU:C:2013:533 |
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Case C‑388/11 Le Crédit Lyonnais v Ministre du budget, des comptes publics et de la réforme de l'Etat
Value added tax — Sixth Directive 77/388/EEC — Articles 17 and 19 — Deduction of input tax paid — Use of goods and services for both taxable and exempt transactions — Proportional deduction — Calculation of the proportion — Branches established in other Member States and in third States — Not taking their turnover into account
Request for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 28 February 2013
ECLI:EU:C:2013:120 |
|
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Judgment of the Court (First Chamber), 12 September 2013
ECLI:EU:C:2013:541 |
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Case C‑475/11 Landesärztekammer Hessen v Konstantinides
Freedom to provide medical services — Service provider travelling to another Member State to provide the service — Applicability of the rules of professional conduct of the host Member State, in particular those relating to fees and advertising
Request for a preliminary ruling from the Berufsgericht für Heilberufe bei dem Verwaltungsgericht Gießen
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 31 January 2013
ECLI:EU:C:2013:51 |
|
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Judgment of the Court (Fourth Chamber), 12 September 2013
ECLI:EU:C:2013:542 |
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Case C‑526/11 IVD v Ärztekammer Westfalen-Lippe
Public procurement — Directive 2004/18/EC — Article 1(9), second subparagraph, point (c) — Concept of ‘body governed by public law’ — Condition relating to the financing of the activity, or to management supervision, or to supervision of the activity by the State, by regional or local authorities or other bodies governed by public law — Association of medical practitioners — Financing provided for by law by means of contributions paid by the members of that association — Amount of the contributions fixed by the assembly of that association — Independence of that association in determining the scope and the rules for the performance of its statutory duties
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 30 January 2013
ECLI:EU:C:2013:40 |
|
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Judgment of the Court (Fifth Chamber), 12 September 2013
ECLI:EU:C:2013:543 |
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Case C‑614/11 Niederösterreichische Landes-Landwirtschaftskammer v Kuso
Social policy — Equal treatment for men and women — Directive 76/207/EEC — Fixed-term employment contract concluded prior to the accession of the Member State — Expiry of the fixed term after the accession — Employment legislation fixing the expiry date for the contract as the last day of the year in which retirement age is reached — Retirement age for men different from the age set for women
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Fifth Chamber), 12 September 2013
ECLI:EU:C:2013:544 |
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Joined Cases C‑660/11 and C‑8/12 Biasci and Others v Ministero dell'Interno and Others
Freedom of establishment — Freedom to provide services — Articles 43 EC and 49 EC — Betting and gaming — Collection of bets — Conditions of authorisation — Requirement of police authorisation and a licence — National legislation — Mandatory minimum distances between bet collection points — Cross-border activities analogous to those covered by the licence — Prohibition — Mutual recognition of betting and gaming licences
Requests for a preliminary ruling from the Tribunale amministrativo regionale per la Toscana
Language of the case: Italian
| Summary |
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Judgment of the Court (Third Chamber), 12 September 2013
ECLI:EU:C:2013:550 |
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Case C‑49/12 Commissioners for Her Majesty's Revenue & Customs v Sunico and Others
Judicial cooperation in civil matters — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 1(1) — Scope — Concept of ‘civil and commercial matters’ — Action brought by a public authority — Damages in respect of involvement in a tax fraud by a third party not subject to VAT
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Kokott delivered on 11 April 2013
ECLI:EU:C:2013:231 |
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Judgment of the Court (Third Chamber), 12 September 2013
ECLI:EU:C:2013:545 |
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Case C‑64/12 Schlecker v Boedeker
Rome Convention on the law applicable to contractual obligations — Contract of employment — Article 6(2) — Applicable law in the absence of a choice made by the parties — Law of the country in which the employee ‘habitually carries out his work’ — Contract more closely connected with another Member State
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Wahl delivered on 16 April 2013
ECLI:EU:C:2013:241 |
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Judgment of the Court (Third Chamber), 12 September 2013
ECLI:EU:C:2013:551 |
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Case C‑434/12 Slancheva sila v Izpalnitelen direktor na Darzhaven fond Zemedelie Razplashtatelna agentsia
Common agricultural policy — EAFRD — Regulation (EU) No 65/2011 — Support for rural development — Support for the creation and development of micro-enterprises — Concept of ‘artificially created conditions’ — Abuses — Evidence
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Sixth Chamber), 12 September 2013
ECLI:EU:C:2013:546 |
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Case C‑77/11 Council v Parliament
Action for annulment — Definitive adoption of the European Union’s general budget for the financial year 2011 — Act of the President of the Parliament declaring that the budget has been definitively adopted — Article 314(9) TFEU — Establishment by the Parliament and the Council of the European Union’s annual budget — Article 314, introductory paragraph, TFEU — Principle of institutional balance — Principle that the institutions must act within the limits of their powers — Duty to cooperate in good faith — Compliance with essential procedural requirements
Language of the case: French
| Summary |
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Opinion of Advocate General Bot delivered on 28 May 2013
ECLI:EU:C:2013:330 |
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Judgment of the Court (Grand Chamber), 17 September 2013
ECLI:EU:C:2013:559 |
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Case C‑373/11 Panellinios Sindesmos Viomikhanion Metapoiisis Kapnou v Ipourgos Ikonomias kai Ikonomikon and Ipourgos Agrotikis Anaptixis kai Trofimon
Reference for a preliminary ruling — Assessment of validity — Common Agricultural Policy — Regulation (EC) No 1782/2003 — Additional payment for specific types of farming and quality production — Discretion granted to the Member States — Discrimination — Articles 32 EC and 34 EC
Request for a preliminary ruling from the Simvoulio tis Epikratias
Language of the case: Greek
| Summary |
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Opinion of Advocate General Jääskinen delivered on 6 February 2013
ECLI:EU:C:2013:60 |
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Judgment of the Court (Fifth Chamber), 19 September 2013
ECLI:EU:C:2013:567 |
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Case C‑435/11 CHS Tour Services v Team4 Travel
Directive 2005/29/EC — Unfair commercial practices — Sales brochure containing false information — Treated as ‘misleading commercial practice’ — Case in which the trader cannot be criticised for any breach of the duty of diligence
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 13 June 2013
ECLI:EU:C:2013:403 |
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Judgment of the Court (First Chamber), 19 September 2013
ECLI:EU:C:2013:574 |
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Case C‑661/11 Martin Y Paz Diffusion v David Depuydt and Fabriek van Maroquinerie Gauquie
Trade marks — Directive 89/104/EEC — Article 5 — Consent on the part of the proprietor of a trade mark to the use, by a third party, of a sign which is identical with that mark — Consent given in a situation where there is shared use — Possibility for that proprietor to put an end to the shared use and regain the exclusive use of its mark
Request for a preliminary ruling from the Cour de cassation (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 18 April 2013
ECLI:EU:C:2013:252 |
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Judgment of the Court (Third Chamber), 19 September 2013
ECLI:EU:C:2013:577 |
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Case C‑5/12 Betriu Montull v INSS
Social policy — Directive 92/85/EEC — Protection of the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding — Article 8 — Maternity leave — Directive 76/207/EEC — Equal treatment for male and female workers — Article 2(1) and (3) — Right to leave for employed mothers after the birth of a child — Possible use by an employed mother or an employed father — Non-employed mother who is not covered by a State social security scheme — No right to leave for employed father — Biological father and adoptive father — Principle of equal treatment
Request for a preliminary ruling from the Juzgado de lo Social no 1 de Lleida
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Wathelet delivered on 11 April 2013
ECLI:EU:C:2013:230 |
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Judgment of the Court (Fourth Chamber), 19 September 2013
ECLI:EU:C:2013:571 |
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Case C‑15/12 P Dashiqiao Sanqiang Refractory Materials v Council
Appeal — Dumping — Regulation (EC) No 826/2009 − Imports of certain magnesia bricks originating in the People’s Republic of China — Regulation (EC) No 384/96 — Article 2(10)(b) — Fair comparison — Article 11(9) − Interim partial review — Obligation to apply the same methodology as in the investigation leading to the imposition of the duty — Change in circumstances
Language of the case: French
| Summary |
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Judgment of the Court (Second Chamber), 19 September 2013
ECLI:EU:C:2013:572 |
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Case C‑140/12 Pensionsversicherungsanstalt v Brey
Freedom of movement for persons — Union Citizenship — Directive 2004/38/EC — Right of residence for more than three months — Article 7(1)(b) — Person no longer having worker status — Person in possession of a retirement pension — Having sufficient resources not to become a burden on the ‘social assistance system’ of the host Member State — Application for a special non-contributory cash benefit — Compensatory supplement intended to augment a retirement pension — Regulation (EC) No 883/2004 — Articles 3(3) and 70 — Competence of the Member State of residence — Conditions for granting — Legal right to reside on the national territory — Compliance with European Union law
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 29 May 2013
ECLI:EU:C:2013:337 |
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Judgment of the Court (Third Chamber), 19 September 2013
ECLI:EU:C:2013:565 |
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Joined Cases C‑216/12 and C‑217/12 Caisse nationale des prestations familiales v Hliddal and Bornand
Social security — Regulation (EEC) No 1408/71 — Agreement between the European Community and the Swiss Confederation — Swiss nationals residing in Switzerland and working in Luxembourg — Grant of a parental leave allowance — Concept of a ‘family benefit’
Requests for a preliminary ruling from the Cour de cassation (Luxembourg)
Language of the case: French
| Summary |
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Judgment of the Court (Fifth Chamber), 19 September 2013
ECLI:EU:C:2013:568 |
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Case C‑251/12 Van Buggenhout et Van de Mierop v Banque Internationale à Luxembourg
Judicial cooperation in civil matters — Regulation (EC) No 1346/2000 — Insolvency proceedings — Article 24(1) — Honouring an obligation ‘for the benefit of a debtor that is subject to insolvency proceedings’ — Payment made to a creditor of that debtor
Request for a preliminary ruling from the tribunal de commerce de Bruxelles
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 8 May 2013
ECLI:EU:C:2013:295 |
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Judgment of the Court (Third Chamber), 19 September 2013
ECLI:EU:C:2013:566 |
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Case C‑297/12 Staatsanwaltschaft Traunstein v Filev and Osmani
Area of freedom, security and justice — Return of illegally staying third-country nationals — Directive 2008/115/CE — Article 11(2) — Return decision coupled with an entry ban — Length of the entry ban restricted to five years in principle — National legislation providing for an entry ban of unlimited duration in the absence of an application for a limitation — Article 2(2)(b) — Third-country nationals subject to return as a criminal law sanction or as a consequence of a criminal law sanction — Non-application of the directive
Request for a preliminary ruling from the Amtsgericht Laufen
Language of the case: German
| Summary |
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Judgment of the Court (Fourth Chamber), 19 September 2013
ECLI:EU:C:2013:569 |
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Case C‑492/12 Conseil national de l'ordre des médecins v Ministère des Affaires sociales et de la Santé
Freedom of movement for persons — Freedom of establishment — Freedom to provide services — Directive 2005/36/EC — Recognition of professional qualifications — Dental profession — Specific nature and distinction from the medical profession — Common training
Request for a preliminary ruling from the Conseil d’État
Language of the case: French
| Summary |
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Judgment of the Court (Fourth Chamber), 19 September 2013
ECLI:EU:C:2013:576 |
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Case C‑579/12 RX-II Review Commission v Strack
Review of the judgment of the General Court in Case T‑268/11 P — Civil service — Commission decision refusing to carry over paid annual leave not taken by an official during the reference period because of long term sick leave — Article 1e(2) of the Staff Regulations of Officials of the European Union — Article 4 of Annex V to those Regulations — Directive 2003/88/EC — Article 7 — Right to paid annual leave — Principle of the social law of the European Union — Article 31(2) of the Charter of Fundamental Rights of the European Union — Effect on the unity and consistency of EU law
Language of the case: German
| Summary |
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View of Advocate General Kokott delivered on 11 June 2013
ECLI:EU:C:2013:573 |
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Judgment of the Court (Fourth Chamber), 19 September 2013
ECLI:EU:C:2013:570 |
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Case C‑221/11 Demirkan v Bundesrepublik Deutschland
EEC-Turkey Association Agreement — Additional Protocol — Article 41(1) — ‘Standstill’ clause — Visa requirement for admission to the territory of a Member State — Freedom to provide services — The right of a Turkish national to enter a Member State in order to visit a family member and, potentially, to receive services
Request for a preliminary ruling from the Oberverwaltungsgericht Berlin-Brandenburg
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 11 April 2013
ECLI:EU:C:2013:237 |
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Judgment of the Court (Grand Chamber), 24 September 2013
ECLI:EU:C:2013:583 |
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Case C‑189/11 Commission v Spain
Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Articles 306 to 310 — Special scheme for travel agencies — Discrepancies between language versions — National legislation providing for the application of the special scheme to persons other than travelers — Concepts of ‘traveller’ and ‘customer’ — Exclusion from the special scheme of certain sales to the public — Mention in the invoice of an amount of deductible VAT not related to the input tax due or paid — Overall determination of the taxable amount for a given period — Not compatible
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Sharpston delivered on 6 June 2013
ECLI:EU:C:2013:365 |
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Judgment of the Court (Third Chamber), 26 September 2013
ECLI:EU:C:2013:587 |
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Case C‑418/11 Texdata Software GmbH
Company law — Freedom of establishment — Eleventh Directive 89/666/EEC — Disclosure of accounting documents — Branch of a capital company established in another Member State — Pecuniary penalty in the event of failure to disclose within the prescribed period — Right to effective judicial protection — Principle of respect for the rights of the defence — Effective, proportionate and dissuasive nature of the penalty
Request for a preliminary ruling from the Oberlandesgericht Innsbruck
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 31 January 2013
ECLI:EU:C:2013:50 |
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Judgment of the Court (Fourth Chamber), 26 September 2013
ECLI:EU:C:2013:588 |
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Case C‑431/11 United Kingdom v Council
Coordination of social security systems — EEA Agreement — Proposal for an amendment — Council decision — Choice of legal basis — Article 48 TFEU — Article 79(2)(b) TFEU
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 21 March 2013
ECLI:EU:C:2013:187 |
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Judgment of the Court (First Chamber), 26 September 2013
ECLI:EU:C:2013:589 |
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Case C‑476/11 HK Danmark v Experian
Principle of non-discrimination on grounds of age — Charter of Fundamental Rights of the European Union — Article 21(1) — Directive 2000/78/EC — Article 6(1) and (2) — Occupational pension scheme — Increases in the amount of contributions on the basis of age
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Kokott delivered on 7 February 2013
ECLI:EU:C:2013:65 |
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Judgment of the Court (Second Chamber), 26 September 2013
ECLI:EU:C:2013:590 |
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Case C‑509/11 ÖBB Personenverkehr v Schienen-Control Kommission and Bundesminister für Verkehr, Innovation und Technologie
Regulation (EC) No 1371/2007 — Rail passengers’ rights and obligations — Article 17 — Compensation in the event of a delay — Excluded in the event of force majeure — Whether permissible — First subparagraph of Article 30(1) — Powers of the national body responsible for the enforcement of the regulation — Whether it is possible to require the rail carrier to amend its conditions governing passenger compensation
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 14 March 2013
ECLI:EU:C:2013:167 |
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Judgment of the Court (First Chamber), 26 September 2013
ECLI:EU:C:2013:613 |
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Case C‑539/11 Ottica New Line di Accardi Vincenzo v Comune di Campobello di Mazara
Articles 49 TFEU and 56 TFEU — Freedom of establishment — Public health — Opticians — Regional legislation making the establishment of new opticians’ shops subject to authorisation — Demographic and geographical limitations — Justification — Appropriateness for attaining the objective pursued — Coherency — Proportionality
Request for a preliminary ruling from the Consiglio di Giustizia Amministrativa per la Regione siciliana
Language of the case: Italian
| Summary |
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Opinion of Advocate General Jääskinen delivered on 30 January 2013
ECLI:EU:C:2013:41 |
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Judgment of the Court (Fourth Chamber), 26 September 2013
ECLI:EU:C:2013:591 |
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Case C‑546/11 Dansk Jurist- og Økonomforbund v Indenrigs- og Sundhedsministeriet
Equal treatment in employment and occupation — Prohibition of discrimination on grounds of age — Directive 2000/78/EC — Article 6(1) and (2) — Refusal to grant availability pay to civil servants who have reached the age of 65 and are entitled to a pension
Request for a preliminary ruling from the Højesteret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Kokott delivered on 7 February 2013
ECLI:EU:C:2013:68 |
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Judgment of the Court (Second Chamber), 26 September 2013
ECLI:EU:C:2013:603 |
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Case C‑609/11 P Centrotherm Systemtechnik v OHIM
Appeal — Regulations (EC) Nos 207/2009 and 2868/95 — Revocation proceedings — Community word mark CENTROTHERM — Genuine use — Concept — Evidence — Sworn statement — Article 134(1) to (3) of the Rules of Procedure of the General Court — General Court’s powers of review — Scope of pleas in law and forms of order sought by an intervener
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 16 May 2013
ECLI:EU:C:2013:308 |
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Judgment of the Court (Fourth Chamber), 26 September 2013
ECLI:EU:C:2013:592 |
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Case C‑610/11 P Centrotherm Systemtechnik v OHIM
Appeal — Revocation proceedings — Community word mark CENTROTHERM — Genuine use — Evidence — Sworn statement — Burden of proof — Examination of the facts by OHIM of its own motion — Additional evidence adduced before the Board of Appeal — Regulation (EC) No 207/2009 — Articles 15, 51 and 76 — Regulation (EC) No 2868/95 — Rule 40(5)
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 16 May 2013
ECLI:EU:C:2013:309 |
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Judgment of the Court (Fourth Chamber), 26 September 2013
ECLI:EU:C:2013:593 |
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Case C‑625/11 P Polyelectrolyte Producers Group and SNF v ECHA
Appeal — European Chemicals Agency (ECHA) — Registration, evaluation and authorisation of chemical substances — Regulation (EC) No 1907/2006 (REACH Regulation) — Articles 57 and 59 — Substances subject to authorisation — Identification of acrylamide as a substance of very high concern — Inclusion on the candidate list of substances — Publication — Time-limit for instituting proceedings — Article 102(1) of the Rules of Procedure of the General Court — Date from which that time-limit must be calculated in the case of an action brought against a decision published only on the internet — Legal certainty — Effective judicial protection
Language of the case: English
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 21 March 2013
ECLI:EU:C:2013:193 |
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Judgment of the Court (Fourth Chamber), 26 September 2013
ECLI:EU:C:2013:594 |
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Case C‑626/11 P Polyelectrolyte Producers Group and SNF v ECHA
Appeal — European Chemicals Agency (ECHA) — Registration, evaluation and authorisation of chemical substances — Regulation (EC) No 1907/2006 (REACH Regulation) — Articles 57 and 59 — Substances subject to authorisation — Identification of acrylamide as a substance of very high concern — Inclusion on the candidate list of substances — Publication of the list on the ECHA website — Action for annulment brought prior to that publication — Admissibility
Language of the case: English
| Summary |
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Judgment of the Court (Fourth Chamber), 26 September 2013
ECLI:EU:C:2013:595 |
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Case C‑115/12 P France v Commission
Appeal — European Regional Development Fund (ERDF) — Community structural assistance in the region of Martinique — Reduction of financial assistance — Public works contracts — Compliance of operations with provisions of European Union law — Coordination of procedures for the award of public works contracts — Directive 93/37/EEC — Article 2 — Concept of ‘direct subsidy’ — Concept of ‘facilities intended for sports, recreation and leisure’
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 18 April 2013
ECLI:EU:C:2013:255 |
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Judgment of the Court (Fourth Chamber), 26 September 2013
ECLI:EU:C:2013:596 |
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Case C‑157/12 Salzgitter Mannesmann Handel v Laminorul
Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 34(3) and (4) — Recognition of a judgment given in another Member State — Situation whereby that judgment is irreconcilable with an earlier judgment given in that Member State involving the same cause of action and between the same parties
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 16 May 2013
ECLI:EU:C:2013:322 |
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Judgment of the Court (Fourth Chamber), 26 September 2013
ECLI:EU:C:2013:597 |
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Case C‑195/12 IBV & Cie v Région wallonne
Directive 2004/8/EC — Scope — Cogeneration and high efficiency cogeneration — Article 7 — Regional support scheme providing for the grant of ‘green certificates’ to cogeneration plants — Grant of a larger number of green certificates to cogeneration plants processing principally forms of biomass other than wood or wood waste — Principle of equality and non-discrimination — Articles 20 and 21 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Cour constitutionnelle (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Bot delivered on 8 May 2013
ECLI:EU:C:2013:293 |
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Judgment of the Court (Fourth Chamber), 26 September 2013
ECLI:EU:C:2013:598 |
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Case C‑283/12 Serebryannay vek v Direktor na Direktsia Obzhalvane I upravlenie na izpalnenieto
VAT — Directive 2006/112/EC — Articles 2(1)(c), 26, 62 and 63 — Chargeable event — Reciprocal supplies of services — Transactions for consideration — Basis of assessment for a transaction in the event of consideration in the form of goods or services — Assignment by a natural person to a company of the right to use and to let to third parties immoveable property in exchange for that company’s services to improve and furnish the property
Request for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Eighth Chamber), 26 September 2013
ECLI:EU:C:2013:599 |
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Information (on unpublished decisions)
Case C‑34/12 P Idromacchine and Others v Commission
Appeal — Non-contractual liability of the European Union — Action for damages — Commission decision to initiate a formal investigation procedure — Prejudicial statements — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C‑573/11 P ClientEarth v Council
Appeal — Article 19 of the Statute of the Court of Justice of the European Union — Representation by a lawyer who is not a third party — Action for annulment manifestly inadmissible — Grounds of the appeal manifestly unfounded
Case C‑64/13 P H-Holding v Parliament
Appeal — Actions for failure to act — Article 265 TFEU — Actions for damages — Failure of the Parliament to initiate infringement proceedings — Failure of the Parliament to request OLAF to open an investigation — Manifest inadmissibility
Case C‑56/12 P EFIM v Commission
Appeal — Competition — Abuse of dominant position — Ink cartridge market — Decision rejecting a complaint — Lack of Community interest — Low probability of proving the existence of an infringement of Article 82 EC — Degree of seriousness of the infringement alleged
Case C‑193/11 Commission v Poland
Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Articles 306 to 310 — Special scheme for travel agents — Discrepancies between language versions — National legislation providing for the application of the special scheme to persons other than travellers — Concepts of ‘traveller’ and ‘customer’
Case C‑236/11 Commission v Italy
Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Articles 306 to 310 — Special scheme for travel agents — Discrepancies between language versions — National legislation providing for the application of the special scheme to persons other than travellers — Concepts of ‘traveller’ and ‘customer’
Case C‑269/11 Commission v Czech Republic
Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Articles 306 to 310 — Special scheme for travel agents — Discrepancies between language versions — National legislation providing for the application of the special scheme to persons other than travellers — Concepts of ‘traveller’ and ‘customer’
Case C‑293/11 Commission v Greece
Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Articles 306 to 310 — Special scheme for travel agents — Discrepancies between language versions — National legislation providing for the application of the special scheme to persons other than travellers — Concepts of ‘traveller’ and ‘customer’
Case C‑296/11 Commission v France
Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Articles 306 to 310 — Special scheme for travel agents — Discrepancies between language versions — National legislation providing for the application of the special scheme to persons other than travellers — Concepts of ‘traveller’ and ‘customer’
Case C‑309/11 Commission v Finland
Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Articles 306 to 310 — Special scheme for travel agents — Discrepancies between language versions — National legislation providing for the application of the special scheme to persons other than travellers — Concepts of ‘traveller’ and ‘customer’
Case C‑450/11 Commission v Portugal
Failure of a Member State to fulfil obligations — Taxation — VAT — Directive 2006/112/EC — Articles 306 to 310 — Special scheme for travel agents — Discrepancies between language versions — National legislation providing for the application of the special scheme to persons other than travellers — Concepts of ‘traveller’ and ‘customer’
Case C‑668/11 P Alliance One International v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Spanish market for the purchase and first processing of raw tobacco — Price-fixing and market-sharing — Infringement of Article 81 EC — Whether unlawful conduct of a subsidiary attributable to its parent company — Deterrent effect — Equal treatment — Cooperation — Obligation to state reasons — Mitigating circumstances
Case C‑679/11 P Alliance One International v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Spanish market for the purchase and first processing of raw tobacco — Price-fixing and market-sharing — Infringement of Article 81 EC — Whether unlawful conduct of a subsidiary attributable to its parent company — Obligation to state reasons — Fundamental rights — Deterrent effect — Equal treatment — Mitigating circumstances — Cooperation — Unlimited jurisdiction — Ne ultra petita — Right to a fair hearing
Case C‑172/12 P EI du Pont de Nemours v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Market for chloroprene rubber — Price-fixing and market-sharing — Infringement of Article 81 EC — Imputability of the unlawful conduct of a subsidiary to its parent company — Joint control by two parent companies — Decisive influence — Joint and several liability — Limitation period — Legitimate interest
Case C‑179/12 P Dow Chemical v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Market for chloroprene rubber — Price-fixing and market-sharing — Infringement of Article 81 EC — Imputability of the unlawful conduct of a subsidiary to its parent company — Joint control by two parent companies — Decisive influence — Rights of defence — Increase in the fine — Deterrent effect
October 2013
Case C‑521/09 P-DEP Elf Aquitaine v Commission
Taxation of costs
Language of the case: French
| Summary |
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Order of the Court (Eighth Chamber) of 1 October 2013
ECLI:EU:C:2013:644 |
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Case C‑267/11 P Commission v Latvia
Appeal — Integrated pollution prevention and control — Greenhouse gas emission allowance trading system — Allocation of allowances for the Republic of Latvia — Period from 2008 to 2012
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Kokott delivered on 31 January 2013
ECLI:EU:C:2013:46 |
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Judgment of the Court (First Chamber), 3 October 2013
ECLI:EU:C:2013:624 |
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Case C‑369/11 Commission v Italy
Failure of a Member State to fulfil obligations — Transport — Directive 2001/14/EC — Articles 4(1) and 30(3) — Allocation of railway infrastructure capacity — Levying of charges — Infrastructure fees — Independence of infrastructure managers
Language of the case: Italian
| Summary |
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Judgment of the Court (First Chamber), 3 October 2013
ECLI:EU:C:2013:636 |
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Case C‑583/11 P Inuit Tapiriit Kanatami and Others v Parliament and Council
Appeal — Regulation (EC) No 1007/2009 — Trade in seal products — Restrictions on importing and marketing such products — Action for annulment — Admissibility — Right of natural or legal persons to institute proceedings — Fourth paragraph of Article 263 TFEU — Concept of ‘regulatory act’ — Legislative act — Fundamental right to effective judicial protection
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 17 January 2013
ECLI:EU:C:2013:21 |
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Judgment of the Court (Grand Chamber), 3 October 2013
ECLI:EU:C:2013:625 |
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Case C‑32/12 Duarte Hueros v Autociba and Citroen
Directive 1999/44/EC — Rights of the consumer in the event of lack of conformity in a product — Minor nature of that lack of conformity — Rescission of the contract not possible — Powers of the national courts
Request for a preliminary ruling from the Juzgado de Primera Instancia nº 2 de Badajoz
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Kokott delivered on 28 February 2013
ECLI:EU:C:2013:128 |
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Judgment of the Court (First Chamber), 3 October 2013
ECLI:EU:C:2013:637 |
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Case C‑59/12 BKK Mobil Oil v Zentrale zur Bekämpfung unlauteren Wettbewerbs
Directive 2005/29/EC — Unfair commercial practices — Scope — Misleading information circulated by a health insurance fund which is part of the statutory social security system — Fund established as a public law body
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 4 July 2013
ECLI:EU:C:2013:450 |
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Judgment of the Court (First Chamber), 3 October 2013
ECLI:EU:C:2013:634 |
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Case C‑109/12 Laboratoires Lyocentre v Lääkealan turvallisuus- ja kehittämiskeskus and Sosiaali- ja terveysalan lupa- ja valvontavirasto
Reference for a preliminary ruling — Approximation of laws — Medical devices — Directive 93/42/EEC — Medicinal products for human use — Directive 2001/83/EC — Right of the competent national authority to classify as a medicinal product for human use a product marketed in another Member State as a medical device bearing a CE marking — Applicable procedure
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Sharpston delivered on 30 May 2013
ECLI:EU:C:2013:353 |
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Judgment of the Court (Fourth Chamber), 3 October 2013
ECLI:EU:C:2013:626 |
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Case C‑113/12 Brady v Environmental Protection Agency
Environment — Directive 75/442/EEC — Slurry produced in a piggery and stored there pending its transfer to farmers who use it as fertiliser on their land — Classification as ‘waste’ or ‘by-product’ — Conditions — Burden of proof — Directive 91/676/EEC — Failure to transpose — Personal liability of the producer as to compliance by those farmers with EU law concerning the management of waste and fertilisers
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 16 May 2013
ECLI:EU:C:2013:324 |
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Judgment of the Court (Fourth Chamber), 3 October 2013
ECLI:EU:C:2013:627 |
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Case C‑120/12 P Rintisch v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 74(2) — Regulation (EC) No 2868/95 — First and third subparagraphs of Rule 50(1) — Opposition by the proprietor of an earlier trade mark — Existence of the mark — Evidence submitted in support of the opposition after the expiry of the period set for that purpose — Failure to take account thereof — Discretion of the Board of Appeal — Provision to the contrary — Circumstances precluding additional or supplementary evidence from being taken into account
Language of the case: English
| Summary |
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Opinion of Advocate General Sharpston delivered on 16 May 2013
ECLI:EU:C:2013:311 |
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Judgment of the Court (Fourth Chamber), 3 October 2013
ECLI:EU:C:2013:638 |
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Case C‑121/12 P Rintisch v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 74(2) — Regulation (EC) No 2868/95 — First and third subparagraphs of Rule 50(1) — Opposition by the proprietor of an earlier trade mark — Existence of the mark — Evidence submitted in support of the opposition after the expiry of the period set for that purpose — Failure to take account thereof — Discretion of the Board of Appeal — Provision to the contrary — Circumstances precluding additional or supplementary evidence from being taken into account
Language of the case: English
| Summary |
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Judgment of the Court (Fourth Chamber), 3 October 2013
ECLI:EU:C:2013:639 |
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Case C‑122/12 P Rintisch v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 74(2) — Regulation (EC) No 2868/95 — First and third subparagraphs of Rule 50(1) — Opposition by the proprietor of an earlier trade mark — Existence of the mark — Evidence submitted in support of the opposition after the expiry of the period set for that purpose — Failure to take account thereof — Discretion of the Board of Appeal — Provision to the contrary — Circumstances precluding additional or supplementary evidence from being taken into account
Language of the case: English
| Summary |
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Judgment of the Court (Fourth Chamber), 3 October 2013
ECLI:EU:C:2013:628 |
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Case C‑170/12 Pinckney v KDG
Regulation (EC) No 44/2001 — Jurisdiction — Matters relating to tort, delict and quasi-delict — Copyright — Material support reproducing a protected work — Placing on line — Determination of the place where the harmful event occurred
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Jääskinen delivered on 13 June 2013
ECLI:EU:C:2013:400 |
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Judgment of the Court (Fourth Chamber), 3 October 2013
ECLI:EU:C:2013:635 |
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Case C‑282/12 Fazenda Pública and Itelcar v Ministério Público
Free movement of capital — Tax legislation — Corporation tax — Interest paid by a resident company on funds lent by a company established in a non-member country — Existence of ‘special relations’ between those companies — Thin capitalisation rules — No right of deduction in relation to interest on the part of the overall debt regarded as excessive — Interest deductible if paid to a company resident in the national territory — Tax evasion and avoidance — Wholly artificial arrangements — Arm’s length terms — Proportionality
Request for a preliminary ruling from the Tribunal Central Administrativo Sul
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Fourth Chamber), 3 October 2013
ECLI:EU:C:2013:629 |
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Case C‑298/12 Confédération paysanne v Ministre de l'alimentation, de l'agriculture et de la pêche
Agriculture — Common agricultural policy — Single payment scheme — Regulation (EC) No 1782/2003 — Calculation of payment entitlement — Setting the reference amount — Reference period — Article 40(1), (2) and (5) — Exceptional circumstances — Farmers under agri-environmental commitments according to Regulation (EEC) No 2078/92 and Regulation (EC) No 1257/1999 — Determination of the right to revalorisation of the reference amount — Principle of protection of legitimate expectations — Equal treatment between farmers
Request for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 16 May 2013
ECLI:EU:C:2013:319 |
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Judgment of the Court (First Chamber), 3 October 2013
ECLI:EU:C:2013:630 |
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Case C‑317/12 Åklagarkammaren i Nyköping v Lundberg
Road transport — Regulation (EC) No 561/2006 — Obligation to install recording equipment — Derogations in respect of the non-commercial carriage of goods — Concept — Carriage of goods by a private individual as part of his leisure activity as an amateur rally driver, financed in part by sponsorship from third parties
Request for a preliminary ruling from the Svea hovrätt
Language of the case: Swedish
| Summary |
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Judgment of the Court (Sixth Chamber), 3 October 2013
ECLI:EU:C:2013:631 |
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Case C‑322/12 Belgian State v GIMLE
Fourth Directive 78/660/EEC — Article 2(3) — Principle that a true and fair view must be given — Article 2(5) — Obligation to depart from that principle — Article 32 — Valuation method based on historical cost — Purchase price manifestly lower than the real value
Request for a preliminary ruling from the Cour de cassation (Belgium)
Language of the case: French
| Summary |
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Judgment of the Court (Tenth Chamber), 3 October 2013
ECLI:EU:C:2013:632 |
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Case C‑386/12 Proceedings initiated by Siegfried János Schneider
Jurisdiction and recognition and enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Scope — Legal capacity of natural persons — Exclusive jurisdiction in matters relating to rights in rem in immovable property — Scope — Non-contentious proceedings concerning the right of a person who has been placed under guardianship and is domiciled in a Member State to dispose of immovable property situated in another Member State
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Third Chamber), 3 October 2013
ECLI:EU:C:2013:633 |
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Case C‑82/13 Società cooperativa Madonna dei miracoli v Regione Abruzzo and Others
Reference for a preliminary ruling — Common agricultural policy — Joint actions — Non-payment of financial aid by the Commission — Withdrawal by a Member State of its contribution — Question of fact — Internal situation — Manifest lack of jurisdiction of the Court — Description of the factual context — Insufficiency — Hypothetical question — Manifest inadmissibility
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Order of the Court (Sixth Chamber), 7 October 2013
ECLI:EU:C:2013:655 |
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Case C‑622/11 Staatssecretaris van Financiën v Pactor Vastgoed
Sixth VAT Directive — Articles 13C and 20 — Supply of immovable property — Right to opt for taxation — Right to deduction — Adjustment of deductions — Recovery of sums due following adjustment of a VAT deduction — Taxable person liable for payment — Taxable person other than the person who initially applied the deduction and who is extraneous to the taxed transaction which gave rise to the deduction
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Wathelet delivered on 30 May 2013
ECLI:EU:C:2013:345 |
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Judgment of the Court (Second Chamber), 10 October 2013
ECLI:EU:C:2013:649 |
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Case C‑86/12 Alokpa and Others v Ministre du Travail, de l'Emploi et de l'Immigration
Citizenship of the Union — Articles 20 TFEU and 21 TFEU — Directive 2004/38/EC — Right of residence of a third-country national who is a direct relative in the ascending line of Union citizens who are minor children — Union citizens born in a Member State other than that of which they are nationals and who have not made use of their right of freedom of movement — Fundamental rights
Request for a preliminary ruling from the Cour administrative (Luxembourg)
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 21 March 2013
ECLI:EU:C:2013:197 |
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Judgment of the Court (Second Chamber), 10 October 2013
ECLI:EU:C:2013:645 |
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Case C‑94/12 Swm Costruzioni 2 and Mannocchi Luigino v Provincia di Fermo
Public contracts — Directive 2004/18/EC — Economic and financial standing — Technical and/or professional ability — Articles 47(2) and 48(3) — Right of an economic operator to rely on the capacities of other entities — Article 52 — Certification system — Public works contracts — National legislation requiring possession of a qualification certificate corresponding to the category and the value of the works covered by the contract — Prohibition on reliance on the certificates of more than one entity for works within the same category
Request for a preliminary ruling from the Tribunale amministrativo regionale per le Marche
Language of the case: Italian
| Summary |
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Opinion of Advocate General Jääskinen delivered on 28 February 2013
ECLI:EU:C:2013:130 |
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Judgment of the Court (Fifth Chamber), 10 October 2013
ECLI:EU:C:2013:646 |
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Case C‑306/12 Spedition Welter v Avanssur
Insurance against civil liability in respect of the use of motor vehicles and enforcement of the obligation to insure against such liability — Directive 2009/103/EC — Article 21(5) — Claims representative — Authority to accept service of judicial documents — National rule making the validity of that service conditional on the express grant of an authority to accept it — Interpretation in conformity with EU law
Request for a preliminary ruling from the Landgericht Saarbrücken
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 30 May 2013
ECLI:EU:C:2013:359 |
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Judgment of the Court (Second Chamber), 10 October 2013
ECLI:EU:C:2013:650 |
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Case C‑321/12 van der Helder and Farrington v College voor zorgverzekeringen
Social security — Regulation (EEC) No 1408/71 — Article 28(2)(b) — Sickness insurance benefits — Entitlement to an old-age pension in several Member States — Residence in another Member State — Provision of benefits in kind in the State of residence — Burden of the cost of benefits — Member State ‘legislation’ to which the pensioner has been subject for the longest period of time — Concept
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Wahl delivered on 19 June 2013
ECLI:EU:C:2013:406 |
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Judgment of the Court (Third Chamber), 10 October 2013
ECLI:EU:C:2013:648 |
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Case C‑336/12 Ministeriet for Forskning, Innovation og Videregående Uddannelser v Manova
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Principle of equal treatment — Restricted procedure — Contract notice — Requirement for a copy of the most recent published balance sheet to be enclosed with the application — Copies of balance sheets not enclosed with some candidates’ applications — Right of the contracting authority to ask those candidates to provide copies of those balance sheets after the deadline for filing applications
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
| Summary |
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Judgment of the Court (Tenth Chamber), 10 October 2013
ECLI:EU:C:2013:647 |
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Case C‑280/11 P Council v Access Info Europe
Appeal — Right of access to documents of the institutions — Regulation (EC) No 1049/2001 — Article 4(3), first subparagraph — Protection of the institutions’ decision-making process — Note from the Council General Secretariat on the proposals submitted in the course of the legislative process for the revision of Regulation No 1049/2001 — Partial access — Refusal of access to information relating to the identity of Member States which put forward proposals
Language of the case: English
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 16 May 2013
ECLI:EU:C:2013:325 |
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Judgment of the Court (First Chamber), 17 October 2013
ECLI:EU:C:2013:671 |
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Case C‑533/11 Commission v Belgium
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste-water treatment — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Article 260 TFEU — Financial penalties — Imposition of a lump sum and a penalty payment
Language of the case: French
| Summary |
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Judgment of the Court (Fifth Chamber), 17 October 2013
ECLI:EU:C:2013:659 |
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Case C‑555/11 EEAE and Others v Ipourgos Anaptixis, Antagonistikotitas kai Naftilias and Omospondia Asfalistikon Sillogou Ellados
Directive 2002/92/EC — Insurance mediation — Exclusion of the activities pursued by an insurance undertaking or an employee acting under the responsibility of such an undertaking — Whether it is possible for such an employee to pursue insurance mediation activities on an incidental basis — Professional requirements
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
| Summary |
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Opinion of Advocate General Jääskinen delivered on 12 September 2013
ECLI:EU:C:2013:561 |
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Judgment of the Court (Third Chamber), 17 October 2013
ECLI:EU:C:2013:668 |
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Joined Cases C‑566/11, C‑567/11, C‑580/11, C‑591/11, C‑620/11 and C‑640/11 Iberdrola and Gas Natural v Administración del Estado and Others, Gas Natural and Bizcaia Energia v Endesa and Others, Tarragona Power and Bahía de Bizcaia Electricidad v Gas Natural and Others
Reference for a preliminary ruling — Protection of the ozone layer — Scheme for greenhouse gas emission allowance trading within the Community — Method of allocating allowances — Allocation of allowances free of charge
Requests for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Kokott delivered on 21 March 2013
ECLI:EU:C:2013:191 |
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Judgment of the Court (Fifth Chamber), 17 October 2013
ECLI:EU:C:2013:660 |
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Case C‑101/12 Schaible v Land Baden-Württemberg
Reference for a preliminary ruling — Agriculture — Regulation (EC) No 21/2004 — System for the identification and registration of ovine and caprine animals — Obligation of individual electronic identification — Obligation to keep a holding register — Validity — Charter of Fundamental Rights of the European Union — Freedom to conduct a business — Proportionality — Equal treatment
Request for a preliminary ruling from the Verwaltungsgericht Stuttgart
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 29 May 2013
ECLI:EU:C:2013:334 |
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Judgment of the Court (Fifth Chamber), 17 October 2013
ECLI:EU:C:2013:661 |
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Case C‑181/12 Welte v Finanzamt Velbert
Free movement of capital — Articles 56 EC to 58 EC — Inheritance tax — Deceased person and heir resident in a third country — Estate — Immovable property located in a Member State — Right to an allowance against the taxable value — Different treatment of residents and non-residents
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 12 June 2013
ECLI:EU:C:2013:384 |
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Judgment of the Court (Third Chamber), 17 October 2013
ECLI:EU:C:2013:662 |
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Case C‑184/12 Unamar v Navigation Maritime Bulgare
Rome Convention on the law applicable to contractual obligations — Articles 3 and 7(2) — Freedom of choice of the parties — Limits — Mandatory rules — Directive 86/653/EEC — Self-employed commercial agents — Contracts for sale or purchase of goods — Termination of the agency contract by the principal — National implementing legislation providing for protection going beyond the minimum requirements of the directive and providing also for protection for commercial agents in the context of contracts for the supply of services
Request for a preliminary ruling from the Hof van Cassatie (Belgium)
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Wahl delivered on 15 May 2013
ECLI:EU:C:2013:301 |
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Judgment of the Court (Third Chamber), 17 October 2013
ECLI:EU:C:2013:663 |
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Case C‑203/12 Billerud Karlsborg and Billerud Skärblacka v Naturvårdsverket
Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Penalty for excess emissions — Concept of excess emission — Equated with infringement of the obligation to surrender, within the time periods prescribed by the directive, a sufficient number of allowances to cover the emissions from the previous year — No exculpatory cause in the event of actual holding of non-surrendered allowances, unless force majeure — No possibility of varying the amount of the penalty — Proportionality
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 16 May 2013
ECLI:EU:C:2013:320 |
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Judgment of the Court (Second Chamber), 17 October 2013
ECLI:EU:C:2013:664 |
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Case C‑210/12 Sumitomo Chemical v Deutsches Patent- und Markenamt
Patent law — Plant protection products — Supplementary protection certificate — Regulation (EC) No 1610/96 — Directive 91/414/EEC — Emergency marketing authorisation under Article 8(4) of that directive
Request for a preliminary ruling from the Bundespatentgericht
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber), 17 October 2013
ECLI:EU:C:2013:665 |
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Case C‑218/12 Emrek v Sabranovic
Regulation (EC) No 44/2001 — Article 15(1)(c) — Jurisdiction over consumer contracts — Whether jurisdiction is limited to distance contracts — Causal link between the commercial or professional activity directed to the Member State of the consumer’s domicile via an Internet site and the conclusion of the contract
Request for a preliminary ruling from the Landgericht Saarbrücken
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 18 July 2013
ECLI:EU:C:2013:494 |
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Judgment of the Court (Third Chamber), 17 October 2013
ECLI:EU:C:2013:666 |
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Case C‑291/12 Schwarz v Stadt Bochum
Reference for a preliminary ruling — Area of freedom, security and justice — Biometric passport — Fingerprints — Regulation (EC) No 2252/2004 — Article 1(2) — Validity — Legal basis — Procedure for adopting — Articles 7 and 8 of the Charter of Fundamental Rights of the European Union — Right to respect for private life — Right to the protection of personal data — Proportionality
Request for a preliminary ruling from the Verwaltungsgericht Gelsenkirchen
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 13 June 2013
ECLI:EU:C:2013:401 |
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Judgment of the Court (Fourth Chamber), 17 October 2013
ECLI:EU:C:2013:670 |
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Case C‑391/12 RLvS v Stuttgarter Wochenblatt
Directive 2005/29/EC — Unfair commercial practices — Scope ratione personae — Misleading omissions in advertorials — Legislation of a Member State prohibiting any publication for remuneration not identified by the term ‘advertisement’ (‘Anzeige’) — Complete harmonisation — Stricter measures — Freedom of the press
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 11 July 2013
ECLI:EU:C:2013:468 |
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Judgment of the Court (Third Chamber), 17 October 2013
ECLI:EU:C:2013:669 |
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Case C‑597/12 P Isdin v OHIM
Appeal — Community trade mark — Opposition proceedings — Application for Community word mark ZEBEXIR — Earlier word mark ZEBINIX — Relative grounds for refusal — Regulation (EC) No 207/2009 — Article 8(1)(b) — Duty to state reasons
Language of the case: English
| Summary |
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Judgment of the Court (Seventh Chamber), 17 October 2013
ECLI:EU:C:2013:672 |
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Case C‑95/12 Commission v Germany
Failure of a Member State to fulfil obligations — Judgment of the Court establishing a failure to fulfil obligations — National legislation providing for a blocking minority of 20% in respect of the adoption of certain decisions by the shareholders of Volkswagen AG
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 29 May 2013
ECLI:EU:C:2013:333 |
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Judgment of the Court (Grand Chamber), 22 October 2013
ECLI:EU:C:2013:676 |
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Joined Cases C‑105/12 to C‑107/12 Staat der Nederlanden v Essent and Others
Reference for a preliminary ruling — Free movement of capital — Article 63 TFEU — Rules governing the system of property ownership — Article 345 TFEU — Electricity and gas distribution system operators — Prohibition of privatisation — Prohibition of links with undertakings which generate/produce, supply or trade electricity or gas — Prohibition of activity which may adversely affect system operation
Requests for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Jääskinen delivered on 16 April 2013
ECLI:EU:C:2013:242 |
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Judgment of the Court (Grand Chamber), 22 October 2013
ECLI:EU:C:2013:677 |
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Case C‑137/12 Commission v Council
Action for annulment — Council Decision 2011/853/EU — European Convention on the legal protection of services based on, or consisting of, conditional access — Directive 98/84/EC — Legal basis — Article 207 TFEU — Common commercial policy — Article 114 TFEU — Internal market
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 27 June 2013
ECLI:EU:C:2013:441 |
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Judgment of the Court (Grand Chamber), 22 October 2013
ECLI:EU:C:2013:675 |
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Case C‑276/12 Sabou v Finanční ředitelství pro hlavní město Prahu
Directive 77/799/EEC — Mutual assistance by the authorities of the Member States in the field of direct taxation — Exchange of information on request — Tax proceedings — Fundamental rights — Limit on the scope of the obligations of the requesting and the requested Member States towards the taxpayer — No obligation to inform the taxpayer of the request for assistance — No obligation to invite the taxpayer to take part in the examination of witnesses — Taxpayer’s right to challenge the information exchanged — Minimum content of the information exchanged
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Opinion of Advocate General Kokott delivered on 6 June 2013
ECLI:EU:C:2013:370 |
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Judgment of the Court (Grand Chamber), 22 October 2013
ECLI:EU:C:2013:678 |
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Case C‑22/12 Haasová v Petrík and Holingová
Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC — Article 3(1) — Directive 90/232/EEC — Article 1 — Road traffic accident — Death of a passenger — Right to compensation of the partner and of the child, who is a minor — Non-material damage — Compensation — Cover by compulsory insurance
Request for a preliminary ruling from the Krajský súd v Prešove
Language of the case: Slovak
| Summary |
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Opinion of Advocate General Jääskinen delivered on 11 July 2013
ECLI:EU:C:2013:471 |
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Judgment of the Court (Second Chamber), 24 October 2013
ECLI:EU:C:2013:692 |
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Case C‑85/12 LBI (formerly Landsbanki Islands) v Kepler Capital Markets and Giraux
Reference for a preliminary ruling — Reorganisation and winding-up of credit institutions — Directive 2001/24/EC — Articles 3, 9 and 32 — National legislative act conferring on reorganisation measures the effects of winding-up proceedings — Legislative measure prohibiting or suspending any legal proceedings against a credit institution after the entry into force of a moratorium
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 30 May 2013
ECLI:EU:C:2013:352 |
|
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Judgment of the Court (Fifth Chamber), 24 October 2013
ECLI:EU:C:2013:697 |
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Case C‑151/12 Commission v Spain
Failure of a Member State to fulfil obligations — Environment — Directive 2000/60/EC — Framework for Community action in the field of water policy — Transposition of Articles 4(8), 7(2), 10(1) and (2) of and sections 1.3 and 1.4 of Annex V to Directive 2000/60 — Intracommunal and intercommunal river basins — Article 149(3) of the Spanish Constitution — Supplementing clause
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Kokott delivered on 30 May 2013
ECLI:EU:C:2013:354 |
|
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Judgment of the Court (Fifth Chamber), 24 October 2013
ECLI:EU:C:2013:690 |
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Case C‑175/12 Sandler v Hauptzollamt Regensburg
Customs union and Common Customs Tariff — Preferential arrangement for the import of products originating in the African, Caribbean and Pacific (ACP) States — Articles 16 and 32 of Protocol 1 to Annex V of the Cotonou Agreement — Import of synthetic fibres from Nigeria into the European Union — Irregularities in the movement certificate EUR.1 established by the competent authorities of the State of export — Stamp not matching the specimen notified to the Commission — Post-clearance and replacement certificates — Community Customs Code — Articles 220 and 236 — Possibility of retrospective application of a preferential customs duty no longer in effect on the date when the request for repayment is made — Conditions
Request for a preliminary ruling from the Finanzgericht München
Language of the case: German
| Summary |
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Judgment of the Court (Tenth Chamber), 24 October 2013
ECLI:EU:C:2013:681 |
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Case C‑177/12 Caisse nationale des prestations familiales v Lachheb and Lachheb
Reference for a preliminary ruling — Social security — Regulation (EEC) No 1408/71 — Family benefit — Child bonus — National regulation providing for a benefit to be granted by way of an automatic tax rebate for children — Non-cumulation of family benefits
Request for a preliminary ruling from the Cour de cassation (Luxembourg)
Language of the case: French
| Summary |
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Judgment of the Court (Fifth Chamber), 24 October 2013
ECLI:EU:C:2013:689 |
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Case C‑180/12 Stoilov i Ko v Nachalnik na Mitnitsa Stolichna
Reference for a preliminary ruling — Legal basis of the decision at issue in the main proceedings no longer present — Lack of relevance of the questions asked — No need to adjudicate
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Mengozzi delivered on 18 July 2013
ECLI:EU:C:2013:492 |
|
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Judgment of the Court (Third Chamber), 24 October 2013
ECLI:EU:C:2013:693 |
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Joined Cases C‑214/12 P, C‑215/12 P and C‑223/12 P Land Burgenland and Others v Commission
Appeals — Competition — State aid — Aid declared illegal and incompatible with the common market — Aid granted to the Grazer Wechselseitige group (GRAWE) at the time of the privatisation of Bank Burgenland — Determination of the market price — Tender procedure — Unlawful conditions with no impact on the highest offer — ‘Private vendor’ test — Distinction between a State’s obligations in cases where it acts as a public authority and where it acts as a shareholder — Distortion of evidence — Obligation to state reasons
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber), 24 October 2013
ECLI:EU:C:2013:682 |
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Case C‑220/12 Thiele Meneses v Region Hannover
Citizenship of the Union — Articles 20 TFEU and 21 TFEU — Right of free movement and residence — National of a Member State — Studies pursued in another Member State — Education or training grant — Permanent residence requirement — Place of education or training located in the applicant’s State of residence or in a neighbouring State — Limited exception — Applicant’s specific circumstances
Request for a preliminary ruling from the Verwaltungsgericht Hannover
Language of the case: German
| Summary |
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Judgment of the Court (Third Chamber), 24 October 2013
ECLI:EU:C:2013:683 |
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Case C‑275/12 Elrick v Bezirksregierung Köln
Citizenship of the Union — Articles 20 TFEU and 21 TFEU − Right of free movement and residence — National of a Member State — Studies pursued in another Member State — Education or training grant — Conditions — Duration of course greater than or equal to two years — Obtaining a vocational qualification
Request for a preliminary ruling from the Verwaltungsgericht Hannover
Language of the case: German
| Summary |
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Judgment of the Court (Third Chamber), 24 October 2013
ECLI:EU:C:2013:684 |
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Case C‑277/12 Drozdovs v Baltikums
Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC — Article 3(1) — Directive 90/232/EEC — Article 1 — Road traffic accident — Death of the parents of the applicant, who is a minor — Right to compensation of the child — Non-material damage — Compensation — Cover by compulsory insurance
Request for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
| Summary |
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Judgment of the Court (Second Chamber), 24 October 2013
ECLI:EU:C:2013:685 |
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Case C‑431/12 Agenţia Naţională de Administrare Fiscală v Rafinăria Steaua Română
Taxation — Value added tax — Refund of excess VAT by set-off — Annulment of set-off decision — Obligation to pay default interest to the taxable person
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
| Summary |
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Judgment of the Court (Tenth Chamber), 24 October 2013
ECLI:EU:C:2013:686 |
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Case C‑440/12 Metropol Spielstätten v Finanzamt Hamburg-Bergedorf
Taxation — VAT — Betting and gaming — Legislation of a Member State under which VAT and a special tax are to be levied cumulatively on the operation of low-prize slot machines — Whether permissible — Basis of assessment — Whether the taxable person can pass on the VAT
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber), 24 October 2013
ECLI:EU:C:2013:687 |
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Information (on unpublished decisions)
Case C‑617/11 P Marcuccio v Commission
Appeal — Assignment — Automatic transfer — Decision to reassign an official from a third country to the Commission headquarters in Brussels (Belgium) — Decision annulled by the General Court after referral back by the Court of Justice — Compensation for the harm purportedly suffered as a result of the annulment of a decision to reassign
Case C‑78/13 P Hârsulescu v Romania
Appeal — Representation by a lawyer — Action concerning the legality of judgments delivered by national courts — Action manifestly inadmissible
Case C‑353/12 Commission v Italy
Failure of a Member State to fulfil obligations — State aid — Aid for Ixfin SpA — Aid which is illegal and incompatible with the internal market — Recovery — Non-performance
Joined Cases C‑488/12 to C‑491/12 and C‑526/12 Nagy and Others v Hajdú-Bihar megyei Kormányhivatal and Others
Request for a preliminary ruling — Article 30 of the Charter of Fundamental Rights of the European Union — Implementation of EU law — Failure to implement EU law — Clear lack of jurisdiction of the Court
Case C‑5/13 Kovács v Vas Megyei Rendőr-főkapitányság
Reference for a preliminary ruling — Article 45 TFEU — Free movement of workers — National legislation under which a driver using a vehicle with foreign registration plates must prove the lawfulness of its use on the spot, during a police inspection, on pain of a fine
Case C‑410/12 P medi v OHIM
Appeal — Community trade mark — Application for registration of the Community word mark medi — Absolute ground for refusal — Lack of distinctiveness — Article 7(1)(b) and 7(2) of Regulation (EC) No 207/2009 — Distortion of the evidence — None
Case C‑263/12 Commission v Greece
Failure of a Member State to fulfil obligations — State aid — Commission Decision ordering recovery of aid — Failure to comply with a Commission Decision
Case C‑344/12 Commission v Italy
Failure of a Member State to fulfil obligations — State aid — Aid granted by the Italian Republic for the benefit of Alcoa Trasformazioni — Commission Decision 2010/460/EC declaring that aid to be incompatible and ordering its recovery — Failure to implement within the prescribed period
Case C‑376/12 Sky Italia v Autorità per le Garanzie nelle Comunicazioni and Commissione di Garanzia dell’Attuazione della Legge sullo Sciopero nei Servizi Pubblici Essenziali
Electronic communications networks and services — Directive 2002/20/EC — Article 12 — Administrative charges imposed on undertakings in the sector concerned — National legislation making operators of electronic communications subject to the payment of a charge intended to cover the operating costs of the national regulatory authorities
Case C‑519/12 OTP Bank v Hochtief Solution
Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Special jurisdiction — Article 5(1)(a) — Concept of ‘matters relating to a contract’
Case C‑510/11 P Kone and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Market for the installation and maintenance of elevators and escalators — Fines — Notice on immunity from fines and reduction of fines in cartel cases — Effective judicial remedy
Case C‑77/12 P Deutsche Post v Commission
Appeal — State aid — Commission decision to initiate the procedure laid down in Article 88(2) EC — Action for annulment — Measure against which action for annulment may be brought — Measures intended to have binding legal effects — Earlier decision to initiate on the same measures
Case C‑593/12 P Lancôme v OHIM
Appeal — Community trade mark — Word mark Color Focus — Application for a declaration of invalidity made by the proprietor of the Community word mark Focus — Declaration of invalidity — Surrender — Article 149 of the Rules of Procedure — Appeal which has become devoid of purpose — No need to adjudicate
November 2013
Case C‑322/11 K v Veronsaajien oikeudenvalvontayksikkö and Valtiovarainministeriö
Reference for a preliminary ruling — Articles 63 TFEU and 65 TFEU — Free movement of capital — Tax legislation of a Member State which does not allow deduction of the loss on the sale of immovable property situated in another Member State from the gain on the sale of securities in the Member State of taxation
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 21 March 2013
ECLI:EU:C:2013:183 |
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Judgment of the Court (First Chamber), 7 November 2013
ECLI:EU:C:2013:716 |
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Case C‑518/11 UPC Nederland v Gemeente Hilversum
Electronic communications networks and services — Directives 97/66/EC, 2002/19/EC, 2002/20/EC, 2002/21/EC and 2002/22/EC — Scope ratione materiae — Provision of a basic package of radio and television programmes via cable — Sale by a municipality of its cable network to a private undertaking — Contractual clause concerning the tariff — Powers of the national regulatory authorities — Principle of sincere cooperation
Request for a preliminary ruling from the Gerechtshof te Amsterdam
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 30 April 2013
ECLI:EU:C:2013:278 |
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Judgment of the Court (Third Chamber), 7 November 2013
ECLI:EU:C:2013:709 |
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Case C‑72/12 Gemeinde Altrip and Others v Land Rheinland-Pfalz
Reference for a preliminary ruling — Environment — Directive 85/337/EEC — Environmental impact assessment — Århus Convention — Directive 2003/35/EC — Right to challenge a development consent decision — Temporal application — Development consent procedure initiated before the period prescribed for transposing Directive 2003/35/EC expired — Decision taken after that date — Conditions of admissibility of the action — Impairment of a right — Nature of the procedural defect that may be invoked — Scope of the review
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 20 June 2013
ECLI:EU:C:2013:422 |
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Judgment of the Court (Second Chamber), 7 November 2013
ECLI:EU:C:2013:712 |
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Joined Cases C‑199/12 to C‑201/12 Minister voor Immigratie, Integratie en Asiel v X and Others and Z v Minister voor Immigratie, Integratie en Asiel and UNHCR
Directive 2004/83/EC — Minimum standards relating to the conditions for granting refugee status or subsidiary protection status — Article 10(1)(d) — Membership of a particular social group — Sexual orientation — Reason for persecution — Article 9(1) — Concept of ‘persecution’ — Well-founded fear of being persecuted on account of membership of a particular social group — Acts sufficiently serious to justify such a fear — Legislation criminalising homosexual acts — Article 4 — Individual assessment of the facts and circumstances
Requests for a preliminary ruling from the Raad van State (Netherlands)
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 11 July 2013
ECLI:EU:C:2013:474 |
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Judgment of the Court (Fourth Chamber), 7 November 2013
ECLI:EU:C:2013:720 |
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Case C‑225/12 Demir v Staatssecretaris van Justitie
Reference for a preliminary ruling — EEC-Turkey Association Agreement — Article 13 of Decision No 1/80 of the Association Council — ‘Standstill’ clauses — ‘Legally resident’
Request for a preliminary ruling from the Raad van State (Netherlands)
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Wahl delivered on 11 July 2013
ECLI:EU:C:2013:475 |
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Judgment of the Court (Second Chamber), 7 November 2013
ECLI:EU:C:2013:725 |
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Joined Cases C‑249/12 and C‑250/12 Tulică and Plavoşin v Agenţia Naţională de Administrare Fiscală and Others
Taxation — VAT — Directive 2006/112/EC — Articles 73 and 78 — Immovable property transactions carried out by natural persons — Classification of those transactions as taxable — Determination of the VAT owing when the parties have made no provision for it at the time of conclusion of the contract — Question as to whether or not the vendor may recover the VAT from the purchaser — Consequences
Requests for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
| Summary |
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Judgment of the Court (Third Chamber), 7 November 2013
ECLI:EU:C:2013:722 |
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Case C‑313/12 Romeo v Regione Siciliana
National administrative procedure — Purely internal situation — Administrative acts — Obligation to state reasons — Whether it is possible for failure to state reasons to be remedied during legal proceedings against an administrative act — Interpretation of the second paragraph of Article 296 TFEU and Article 41(2)(c) of the Charter of Fundamental Rights of the European Union — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Corte dei conti, sezione giurisdizionale per la Regione Siciliana
Language of the case: Italian
| Summary |
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Judgment of the Court (Fifth Chamber), 7 November 2013
ECLI:EU:C:2013:718 |
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Case C‑442/12 Sneller v DAS Nederlandse Rechtsbijstand Verzekeringsmaatschappij
Legal expenses insurance — Directive 87/344/EEC — Article 4(1) — Insured persons’ freedom to choose a lawyer — Clause in the standard terms and conditions of a contract guaranteeing legal assistance in any inquiry or proceedings by one of the insurer’s employees — Costs relating to legal assistance provided by an external legal adviser reimbursed only where the insurer decides that it is necessary to entrust handling of the case to an external legal adviser
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Eighth Chamber), 7 November 2013
ECLI:EU:C:2013:717 |
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Case C‑473/12 IPI v Englebert and Others
Processing of personal data — Directive 95/46/EC — Articles 10 and 11 — Obligation to inform — Article 13(1)(d) and (g) — Exceptions — Scope of exceptions — Private detectives acting for the supervisory body of a regulated profession — Directive 2002/58/EC — Article 15(1)
Request for a preliminary ruling from the Cour constitutionnelle (Belgium)
Language of the case: French
| Summary |
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Judgment of the Court (Third Chamber), 7 November 2013
ECLI:EU:C:2013:715 |
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Case C‑522/12 Isbir v DB Services
Reference for a preliminary ruling — Freedom to provide services — Posting of workers — Directive 96/71/EC — Minimum rates of pay — Lump sums and employer contribution to a multiannual savings plan for the benefit of its employees
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
| Summary |
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Judgment of the Court (Seventh Chamber), 7 November 2013
ECLI:EU:C:2013:711 |
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Case C‑4/11 Bundesrepublik Deutschland v Puid
Asylum — Charter of Fundamental Rights of the European Union — Article 4 — Regulation (EC) No 343/2003 — Article 3(1) and (2) — Determination of the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national — Articles 6 to 12 — Criteria for determining the Member State responsible — Article 13 — Fall-back clause
Request for a preliminary ruling from the Hessischer Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 18 April 2013
ECLI:EU:C:2013:244 |
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Judgment of the Court (Grand Chamber), 14 November 2013
ECLI:EU:C:2013:740 |
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Joined Cases C‑514/11 P and C‑605/11 P LPN and Finland v Commission
Appeal — Access to the documents of the institutions — Regulation (EC) No 1049/2001 — Third indent of Article 4(2) — Exception concerning the protection of the purpose of inspections, investigations and audits — Environmental information — Regulation (EC) No 1367/2006 — Article 6(1) — Documents relating to the pre-litigation stage of infringement procedures — Refusal of access — Obligation to examine specifically and individually the documents referred to in the request for access — Overriding public interest
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Wathelet delivered on 5 September 2013
ECLI:EU:C:2013:528 |
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Judgment of the Court (Fifth Chamber), 14 November 2013
ECLI:EU:C:2013:738 |
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Case C‑582/11 P-DEP Schwaaner Fischwaren v Rügen Fisch
Taxation of costs
Language of the case: German
| Summary |
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Order of the Court (Eighth Chamber), 14 November 2013
ECLI:EU:C:2013:754 |
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Case C‑638/11 P Council v Gul Ahmed Textile Mills
Appeal — Dumping — Imports of cotton-type bed linen originating in Pakistan — Regulation (EC) No 384/96 — Article 3(7) — Concept of ‘other factors’
Language of the case: English
| Summary |
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Opinion of Advocate General Sharpston delivered on 25 April 2013
ECLI:EU:C:2013:277 |
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Judgment of the Court (Fifth Chamber), 14 November 2013
ECLI:EU:C:2013:732 |
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Case C‑60/12 Proceedings concerning the enforcement of a financial penalty issued against Marián Baláž
Police and judicial cooperation in criminal matters — Framework Decision 2005/214/JHA — Application of the principle of mutual recognition to financial penalties — ‘Court having jurisdiction in particular in criminal matters’ — The ‘Unabhängiger Verwaltungssenat’ under Austrian law — Nature and scope of the review on the part of the court of the Member State of enforcement
Request for a preliminary ruling from the Vrchní soud v Praze
Language of the case: Czech
| Summary |
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Opinion of Advocate General Sharpston delivered on 18 July 2013
ECLI:EU:C:2013:485 |
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Judgment of the Court (Grand Chamber), 14 November 2013
ECLI:EU:C:2013:733 |
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Joined Cases C‑187/12 to C‑189/12 SFIR and Others v Ministero delle Politiche Agricole, Alimentari e Forestali and AGEA
Reference for a preliminary ruling — Regulation (EC) No 320/2006 — Regulation (EC) No 968/2006 — Agriculture — Temporary scheme for the restructuring of the sugar industry — Conditions for granting restructuring aid — Concepts of ‘production facilities’ and ‘full dismantling’
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (First Chamber), 14 November 2013
ECLI:EU:C:2013:737 |
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Case C‑221/12 Belgacom v INTEGAN and Others
Requests for a preliminary ruling — Article 49 TFEU — Freedom of establishment — Article 56 TFEU — Freedom to provide services — Principles of equal treatment and non-discrimination — Obligation of transparency — Scope — Agreement concluded by public entities of one Member State and an undertaking of that Member State — Transfer, by those entities, of their television provision activities and, for a fixed period, the exclusive right to use their cable networks, to an undertaking in that Member State — Possibility for an economic operator of that same State to rely on Articles 49 TFEU and 56 TFEU before the courts of that Member State — No invitation to tender — Justification — Existence of an earlier agreement — Transaction intended to put an end to litigation concerning the interpretation of that agreement — Risk of depreciation of the transferred activity
Requests for a preliminary ruling from the Raad van State (Belgium)
Language of the case: Dutch
| Summary |
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Judgment of the Court (Tenth Chamber), 14 November 2013
ECLI:EU:C:2013:736 |
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Case C‑383/12 P Environmental Manufacturing v OHIM
Appeal — Community trade mark — Opposition proceedings — Figurative mark representing a wolf’s head — Opposition by the proprietor of the national and international figurative marks containing the word elements ‘WOLF Jardin’ and ‘Outils WOLF’ — Relative grounds for refusal — Detriment to the distinctive character of the earlier mark — Regulation (EC) No 207/2009 — Article 8(5) — Change in the economic behaviour of the average consumer — Burden of proof
Language of the case: English
| Summary |
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Judgment of the Court (Fifth Chamber), 14 November 2013
ECLI:EU:C:2013:741 |
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Case C‑388/12 Comune di Ancona v Regione Marche
Structural Funds — European Regional Development Fund (ERDF) — Financial contribution from a Structural Fund — Criteria for the eligibility of expenditure — Regulation (EC) No 1260/1999 — Article 30(4) — Principle of durability of the operation — ‘Substantial modification’ of an operation — Award of a concession contract without advertisement or a competitive tendering procedure
Request for a preliminary ruling from the Tribunale amministrativo regionale per le Marche
Language of the case: Italian
| Summary |
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Opinion of Advocate General Bot delivered on 5 September 2013
ECLI:EU:C:2013:535 |
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Judgment of the Court (Fourth Chamber), 14 November 2013
ECLI:EU:C:2013:734 |
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Case C‑469/12 Krejci Lager & Umschlagbetriebs v Olbrich Transport und Logistik
Reference for a preliminary ruling — Area of freedom, security and justice — Brussels Convention — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 5(1)(b) — Jurisdiction — Special jurisdiction — Matters relating to a contract — Concept of ‘provision of services’ — Storage contract
Request for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
| Summary |
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Order of the Court (Tenth Chamber), 14 November 2013
ECLI:EU:C:2013:788 |
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Case C‑478/12 Maletic and Maletic v lastminute.com and TUI Österreich
Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001– Article 16(1) — Contract for travel concluded between a consumer domiciled in one Member State and a travel agency established in another Member State — Supplier of services used by the travel agency established in the Member State where the consumer is domiciled — Right of a consumer to bring an action against two undertakings before the court for the place of his domicile
Request for a preliminary ruling from the Landesgericht Feldkirch
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber), 14 November 2013
ECLI:EU:C:2013:735 |
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Joined Cases C‑537/12 and C‑116/13 Banco Popular Español and Banco de Valencia v Rivas Quichimbo and Others
Directive 93/13/EEC — Article 99 of the Rules of Procedure of the Court of Justice — Consumer contracts — Mortgage loan agreement — Mortgage enforcement proceedings — Powers of the national court responsible for enforcement — Unfair terms — Criteria for assessment
Requests for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción No. 1 de Catarroja and from the Juzgado de Primera Instancia No. 17 de Palma de Mallorca
Language of the case: Spanish
| Summary |
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Order of the Court (First Chamber), 14 November 2013
ECLI:EU:C:2013:759 |
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Case C‑617/12 Astrazeneca v Comptroller General of Patents
Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Article 13(1) — Concept of ‘first authorisation to place [a product] on the market in the Community’ — Authorisation issued by the Swiss Institute for Medicinal Products (Swissmedic) — Automatic recognition in Liechtenstein — Authorisation issued by the European Medicines Agency — Period of validity of a certificate
Request for a preliminary ruling from the High Court of Justice (England and Wales), Chancery Division (Patents Court)
Language of the case: English
| Summary |
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Order of the Court (Eighth Chamber), 14 November 2013
ECLI:EU:C:2013:761 |
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Case C‑49/13 MF 7 v MAFRA
Article 267 TFEU — Concept of ‘court or tribunal’ — Proceedings intended to lead to a decision of a judicial nature — Independence — Clear lack of jurisdiction of the Court
Request for a preliminary ruling from the Úřad průmyslového vlastnictví
Language of the case: Czech
| Summary |
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Order of the Court (Third Chamber), 14 November 2013
ECLI:EU:C:2013:767 |
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Case C‑210/13 Glaxosmithkline Biologicals and Glaxosmithkline Biologicals, Niederlassung der Smithkline Beecham Pharma v Comptroller-General of Patents, Designs and Trade Marks
Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Concepts of ‘active ingredient’ and ‘combination of active ingredients’ — Adjuvant
Request for a preliminary ruling from the High Court of Justice (England and Wales), Chancery Division
Language of the case: English
| Summary |
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Order of the Court (Eighth Chamber), 14 November 2013
ECLI:EU:C:2013:762 |
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Case C‑63/12 Commission v Council
Action for annulment — Decision 2011/866/EU — Annual adjustment of the remuneration and pensions of officials and other servants of the European Union — Staff Regulations — Article 65 of the Staff Regulations — Method of adjustment — Article 3 of Annex XI to the Staff Regulations — Exception clause — Article 10 of Annex XI to the Staff Regulations — Serious and sudden deterioration in the economic and social situation — Adjustment of correction coefficients — Article 64 of the Staff Regulations — Council decision — Refusal to adopt the Commission’s proposal
Language of the case: French
| Summary |
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Opinion of Advocate General Bot delivered on 12 September 2013
ECLI:EU:C:2013:547 |
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Judgment of the Court (Grand Chamber), 19 November 2013
ECLI:EU:C:2013:752 |
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Case C‑66/12 Council v Commission
Annual adjustment of the remuneration and pensions of officials and other servants of the European Union — Staff Regulations — Action for annulment — Communication COM(2011) 829 final — Proposal COM(2011) 820 final — Action for failure to act — Submission of proposals on the basis of Article 10 of Annex XI to the Staff Regulations — Failure of the Commission — Action devoid of purpose — No need to adjudicate
Language of the case: French
| Summary |
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Judgment of the Court (Grand Chamber), 19 November 2013
ECLI:EU:C:2013:751 |
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Case C‑196/12 Commission v Council
Action for failure to act — Annual adjustment of the remuneration and pensions of officials and other servants of the European Union — Staff Regulations — Adjustment of correction coefficients — Council decision — Refusal to adopt the Commission’s proposal — Failure to act — Inadmissibility
Language of the case: French
| Summary |
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Judgment of the Court (Grand Chamber), 19 November 2013
ECLI:EU:C:2013:753 |
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Case C‑284/12 Deutsche Lufthansa v Flughafen Frankfurt-Hahn
State aid — Articles 107 TFEU and 108 TFEU — Benefits granted by a public airport operator to a low-cost airline — Decision to initiate a formal investigation procedure in respect of that measure — Obligation of Member States’ courts to abide by the Commission’s assessment in that decision concerning the existence of aid
Request for a preliminary ruling from the Oberlandesgericht Koblenz
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 27 June 2013
ECLI:EU:C:2013:442 |
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Judgment of the Court (Second Chamber), 21 November 2013
ECLI:EU:C:2013:755 |
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Case C‑302/12 X v Minister van Financiën
Reference for a preliminary ruling — Article 43 EC — Motor vehicles — Use in a Member State of a private motor vehicle registered in another Member State — Taxation of that vehicle in the first Member State when it was first used on the national road network and also in the second Member State when it was registered — Vehicle used by the citizen concerned for both private use and for going, from the Member State of origin, to the place of work situated in the first Member State.
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 5 September 2013
ECLI:EU:C:2013:536 |
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Judgment of the Court (Second Chamber), 21 November 2013
ECLI:EU:C:2013:756 |
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Case C‑494/12 Dixons Retail v Commissioners for Her Majesty's Revenue and Customs
Directive 2006/112/EC — Value added tax — Supply of goods — Concept — Fraudulent use of a bank card
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
| Summary |
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Judgment of the Court (Second Chamber), 21 November 2013
ECLI:EU:C:2013:758 |
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Case C‑40/12 P Gascogne Sack Deutschland v Commission
Appeal — Competition — Cartels — Industrial plastic bags sector — Whether the infringement by a subsidiary may be attributed to the parent company — Excessive length of the proceedings before the General Court — Principle of effective legal protection
Language of the case: French
| Summary |
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Opinion of Advocate General Sharpston delivered on 30 May 2013
ECLI:EU:C:2013:361 |
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Judgment of the Court (Grand Chamber), 26 November 2013
ECLI:EU:C:2013:768 |
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Case C‑50/12 P Kendrion v Commission
Appeal — Competition — Cartels — Industrial plastic bags sector — Whether the infringement by a subsidiary may be attributed to the parent company — Joint and several liability of the parent company for the payment of the fine imposed on the subsidiary — Excessive length of the proceedings before the General Court — Principle of effective legal protection
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 30 May 2013
ECLI:EU:C:2013:350 |
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Judgment of the Court (Grand Chamber), 26 November 2013
ECLI:EU:C:2013:771 |
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Case C‑58/12 P Groupe Gascogne v Commission
Appeal — Competition — Cartels — Industrial plastic bags sector — Whether the infringement by a subsidiary may be attributed to the parent company — Taking into account the total turnover of the group in order to calculate the upper limit of the fine — Excessive length of the proceedings before the General Court — Principle of effective legal protection
Language of the case: French
| Summary |
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Opinion of Advocate General Sharpston delivered on 30 May 2013
ECLI:EU:C:2013:360 |
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Judgment of the Court (Grand Chamber), 26 November 2013
ECLI:EU:C:2013:770 |
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Case C‑576/11 Commission v Luxembourg
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Treatment of urban waste water — Judgment of the Court establishing a failure to fulfil obligations — Non-implementation — Article 260 TFEU — Pecuniary penalties — Imposition of a penalty payment and a lump sum payment
Language of the case: French
| Summary |
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Judgment of the Court (First Chamber), 28 November 2013
ECLI:EU:C:2013:773 |
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Case C‑280/12 P Council v Fulmen and Mahmoudian
Appeal — Restrictive measures against the Islamic Republic of Iran with the aim of preventing nuclear proliferation — Freezing of funds — Obligation to substantiate the measure
Language of the case: French
| Summary |
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Judgment of the Court (Fifth Chamber), 28 November 2013
ECLI:EU:C:2013:775 |
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Case C‑309/12 Gomes Viana Novo and Others v FGS
Reference for a preliminary ruling — Directive 80/987/EEC — Directive 2002/74/EC — Protection of employees in the event of employer’s insolvency — Guarantee institutions — Limitation on the payment obligation of the guarantee institution — Wage claims falling due more than six months before the commencement of legal proceedings seeking a declaration of the employer’s insolvency
Request for a preliminary ruling from the Tribunal Central Administrativo Norte
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Bot delivered on 20 June 2013
ECLI:EU:C:2013:419 |
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Judgment of the Court (Fifth Chamber), 28 November 2013
ECLI:EU:C:2013:774 |
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Case C‑319/12 Minister Finansów v MDDP
VAT — Directive 2006/112/EC — Articles 132 to 134 and 168 — Exemptions — Educational services provided on a profit-making basis by bodies governed by private law — Right to deduction
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Opinion of Advocate General Kokott delivered on 20 June 2013
ECLI:EU:C:2013:421 |
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Judgment of the Court (Third Chamber), 28 November 2013
ECLI:EU:C:2013:778 |
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Case C‑348/12 P Council v Manufacturing Support & Procurement Kala Naft
Appeal — Restrictive measures against the Islamic Republic of Iran with the aim of preventing nuclear proliferation — Measures directed against the Iranian oil and gas industry — Freezing of funds — Obligation to state reasons — Obligation to substantiate the measure
Language of the case: French
| Summary |
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Opinion of Advocate General Bot delivered on 11 July 2013
ECLI:EU:C:2013:470 |
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Judgment of the Court (Fifth Chamber), 28 November 2013
ECLI:EU:C:2013:776 |
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Case C‑576/12 P Jurašinović v Council
Appeal — Access to the documents of the institutions — Regulation (EC) No 1049/2001 — Exceptions to the right of access — Article 4(1)(a), first and third indents — Public security — International relations
Language of the case: French
| Summary |
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Judgment of the Court (First Chamber), 28 November 2013
ECLI:EU:C:2013:777 |
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Case C‑258/13 Sociedade Agrícola e Imobiliária da Quinta de S. Paio v Instituto da Segurança Social
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Right to an effective remedy — Legal persons pursuing a commercial objective — Legal aid — No link with EU law — Clear lack of jurisdiction of the Court
Request for a preliminary ruling from the 5a Vara Cível de Lisboa
Language of the case: Portuguese
| Summary |
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Order of the Court (Second Chamber), 28 November 2013
ECLI:EU:C:2013:810 |
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Case C‑390/13 P(R) EMA v InterMune UK and Others
Appeal — Order for interim measures — Regulation (EC) No 1049/2001 — Access to documents of the institutions — Documents held by the European Medicines Agency in the context of an application for authorisation to place a medicinal product on the market — Decision to grant a third party access to the documents — Information not available to the public — Serious and irreparable damage — Evidence
Language of the case: English
| Summary |
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Order of the Vice-president of the Court, 28 November 2013
ECLI:EU:C:2013:795 |
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Information (on unpublished decisions)
Case C‑90/12 Commission v Poland
Failure of a Member State to fulfil obligations — Air transport — Agreements relating to air services between Member States and third countries — Obligation on Member States to distribute traffic rights among eligible Community air carriers on the basis of a non-discriminatory and transparent procedure and to inform the Commission of that procedure without delay
Case C‑547/12 P Greece v Commission
Appeal — EAGGF — ‘Guarantee’ section — Clearance of the accounts of the paying agencies of certain Member States concerning expenditure financed by the EAGGF — Amounts which are recoverable from the Hellenic Republic following failure to recover within the period prescribed — Distortion of evidence
Case C‑560/12 P Wam Industriale v Commission
Appeal — State aid — Establishing a company in certain third countries — Soft loans — Decision declaring aid partly incompatible with the common market and ordering its recovery — Decision taken following the annulment by the General Court of the original decision concerning the same proceedings — Enforcement of a judgment of the General Court
Case C‑587/12 P Italy v Commission
Appeal — State aid — Establishing a company in certain third countries — Soft loans — Decision declaring aid partly incompatible with the common market and ordering its recovery — Decision taken following the annulment by the General Court of the original decision concerning the same proceedings — Enforcement of a judgment of the General Court
Case C‑615/12 P Arbos v Commission
Appeal — Action for damages — Grants made for projects financed by the ‘Culture 2000’ programme — Claims for payment of various sums — Content of the application — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C‑6/13 P IDT Biologika v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Public supply contracts — Call for tenders related to the supply in Serbia of rabies vaccines — Rejection of a tender — Appeal clearly inadmissible or unfounded
Case C‑23/13 Commission v France
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Articles 3 and 4
Case C‑224/13 Procuratore della Repubblica presso il Tribunale di Cagliari v Lorrai
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Fundamental rights — Excessive length of the criminal proceedings — Stay of criminal proceedings, for an indefinite period, in the event of sickness of the accused making him incapable of consciously participating in the proceedings — Irreversible sickness of the accused — Failure to implement EU law — Clear lack of jurisdiction of the Court of Justice
Case C‑371/13 SC Schuster & Co Ecologic v Direcţia Generală a Finanţelor Publice a Judeţului Sibiu
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Insolvency proceedings — Effects of insolvency proceedings on the pending proceedings — National legislation requiring a stay of proceedings in the event of initiation of insolvency proceedings — Decision of a national court of final instance which does not comply with that requirement — Charter of Fundamental Rights of the European Union — Right to an effective remedy — Failure to implement EU law — Clear lack of jurisdiction of the Court
Case C‑524/12 P TeamBank v OHIM
Appeal — Community trade mark — Figurative mark f@ir Credit — Opposition by the proprietor of the Community figurative mark FERCREDIT — Refusal of registration
Case C‑550/12 P J v Parliament
Article 227 TFEU — Right of petition — Petition addressed to the European Parliament — Decision to take no further action — Subject not falling within an area of activity of the European Union
Case C‑257/13 Mlamali v CAF des Bouches-du-Rhône
Reference for a preliminary ruling — Article 94 of the Rules of Procedure of the Court — Absence of sufficient information concerning the factual and regulatory background to the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling — Manifest inadmissibility
Case C‑581/12 P Kuwait Petroleum and Others v Commission
Appeals — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Setting of the gross price of road pavement bitumen — Setting of a rebate for road builders — 2002 Leniency Notice — Last paragraph of point 23(b) — Partial immunity — Evidence relating to facts previously unknown to the European Commission — Appeal manifestly inadmissible or manifestly unfounded
Case C‑13/12 P CHEMK and KF v Council and Commission
Appeal — Dumping — Regulation (EC) No 172/2008 − Imports of ferro-silicon originating in China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia − Regulation (EC) No 384/96 − Article 2(9) — Export price — Article 3(5) and (6) — Determination of injury − Article 6(7) — Investigation − Article 8(4) — Offer of undertakings — Non-confidential version − Article 20(1) — Disclosure − Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part
Case C‑167/13 Disciplinary proceedings against Jean Devillers
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Conseil régional d'expression française de l'ordre des médecins vétérinaires — Concept of ‘court or tribunal of a Member State’ within the meaning of Article 267 TFEU — Lack of jurisdiction of the Court
Case C‑389/13 P(R) EMA v AbbVie
Appeal — Order for interim measures — Regulation (EC) No 1049/2001 — Access to documents of the institutions — Documents held by the European Medicines Agency in the context of an application for authorisation to place a medicinal product on the market — Decision to grant a third party access to the documents — Serious and irreparable damage — Evidence
December 2013
Case C‑111/10 Commission v Council
Action for annulment — State aid — Article 108(1) and (2) TFEU — Aid granted by the Republic of Lithuania for the purchase of agricultural land — Competence of the Council of the European Union — Existing aid scheme — Appropriate measures — Two indissolubly connected aid schemes — Change of circumstances — Exceptional circumstances — Economic crisis — Manifest error of assessment — Principle of proportionality
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 17 January 2013
ECLI:EU:C:2013:10 |
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Judgment of the Court (Grand Chamber), 4 December 2013
ECLI:EU:C:2013:785 |
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Case C‑117/10 Commission v Council
Action for annulment — State aid — Article 88(1) and (2) EC — Aid granted by the Republic of Poland for the purchase of agricultural land — Competence of the Council of the European Union — Existing aid scheme — Accession of the Republic of Poland to the European Union — Aid granted before accession — Appropriate measures — Two indissolubly connected aid schemes — Change of circumstances — Exceptional circumstances — Economic crisis — Manifest error of assessment — Principle of proportionality
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 17 January 2013
ECLI:EU:C:2013:11 |
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Judgment of the Court (Grand Chamber), 4 December 2013
ECLI:EU:C:2013:786 |
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Case C‑118/10 Commission v Council
Action for annulment — State aid — Article 108(1) and (2) TFEU — Aid granted by the Republic of Latvia for the purchase of agricultural land — Competence of the Council of the European Union — Existing aid scheme — Accession of the Republic of Latvia to the European Union — Aid granted before accession — Appropriate measures — Two indissolubly connected aid schemes — Change of circumstances — Exceptional circumstances — Economic crisis — Manifest error of assessment — Principle of proportionality
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 17 January 2013
ECLI:EU:C:2013:12 |
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Judgment of the Court (Grand Chamber), 4 December 2013
ECLI:EU:C:2013:787 |
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Case C‑121/10 Commission v Council
Action for annulment — State aid — Article 108(1) and (2) TFEU — Aid granted by Hungary for the purchase of agricultural land — Competence of the Council of the European Union — Existing aid scheme — Appropriate measures — Two indissolubly connected aid schemes — Change of circumstances — Exceptional circumstances — Economic crisis — Manifest error of assessment — Principle of proportionality
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 17 January 2013
ECLI:EU:C:2013:13 |
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Judgment of the Court (Grand Chamber), 4 December 2013
ECLI:EU:C:2013:784 |
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Joined Cases C‑618/11, C‑637/11 and C‑659/11 TVI v Fazenda Pública
Taxation — VAT — Sixth Directive 77/388/EEC — Article 11(A)(1)(a), (2)(a) and (3)(c) — Directive 2006/112/EC — Article 73, point (a) of the first paragraph of Article 78 and point (c) of the first paragraph of Article 79 — Taxable amount for the VAT payable on commercial advertising screening services — Commercial advertising screening tax
Requests for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 11 June 2013
ECLI:EU:C:2013:382 |
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Judgment of the Court (Third Chamber), 5 December 2013
ECLI:EU:C:2013:789 |
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Joined Cases C‑159/12 to C‑161/12 Venturini and Others v A.S.L. Varese and Others
Freedom of establishment — Article 49 TFEU — Public health — National legislation prohibiting para-pharmacies from selling prescription-only medicinal products the cost of which is borne by the patient
Requests for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wahl delivered on 5 September 2013
ECLI:EU:C:2013:529 |
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Judgment of the Court (Fourth Chamber), 5 December 2013
ECLI:EU:C:2013:791 |
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Case C‑166/12 Časta v Česká správa sociálního zabezpečení
Request for a preliminary ruling — Article 11(2) of Annex VIII to the Staff Regulations — Regulation (EEC, Euratom, ECSC) No 259/68 and Regulation (EC, Euratom) No 723/2004 — Officials of the European Union — Pension rights in the national scheme — Transfer to the European Union pension scheme — Calculation method — Concept of ‘capital value of pension rights’
Request for a preliminary ruling from the Krajský soud v Praze
Language of the case: Czech
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 27 June 2013
ECLI:EU:C:2013:443 |
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Judgment of the Court (Fifth Chamber), 5 December 2013
ECLI:EU:C:2013:792 |
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Case C‑413/12 Asociación de Consumidores Independientes de Castilla y León v Anuntis Segundamano España SL
Request for a preliminary ruling — Directive 93/13/EEC — Action seeking an injunction brought by a regional consumer protection association — Jurisdiction of local courts — No remedy against a decision declining jurisdiction delivered at first instance — Procedural autonomy of the Member States — Principles of equivalence and effectiveness
Request for a preliminary ruling from the Audiencia Provincial de Salamanca
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 5 September 2013
ECLI:EU:C:2013:532 |
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Judgment of the Court (Third Chamber), 5 December 2013
ECLI:EU:C:2013:800 |
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Case C‑508/12 Vapenik v Thurner
Area of freedom, security and justice — Regulation (EC) No 805/2004 — European enforcement order for uncontested claims — Requirements for certification as an enforcement order — Situation in which the judgment was given in the Member State of the creditor in a dispute between two persons not engaged in commercial or professional activities
Request for a preliminary ruling from the Landesgericht Salzburg
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber), 5 December 2013
ECLI:EU:C:2013:790 |
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Case C‑514/12 Zentralbetriebsrat der gemeinnützigen Salzburger Landeskliniken v Land Salzburg
Freedom of movement for workers — Article 45 TFEU — Regulation (EU) No 492/2011 — Article 7(1) — National legislation providing for account to be taken only of a proportion of the periods of service completed with employers other than Land Salzburg — Restriction of freedom of movement for workers — Justifications — Overriding reasons in the public interest — Objective of rewarding loyalty — Administrative simplification — Transparency
Request for a preliminary ruling from the Landesgericht Salzburg
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber), 5 December 2013
ECLI:EU:C:2013:799 |
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Case C‑561/12 Nordecon and Ramboll Eesti v Rahandusministeerium
Public procurement — Negotiated procedure with prior publication of a contract notice — Whether possible for the contracting authority to negotiate on tenders which do not comply with the mandatory requirements of the technical specifications relating to the contract
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
| Summary |
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Judgment of the Court (Fourth Chamber), 5 December 2013
ECLI:EU:C:2013:793 |
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Case C‑272/12 P Commission v Ireland and Others
Appeal — State aid — Exemption from excise duty on mineral oils — Court acting of its own motion — Plea adopted of its own motion by a court of the European Union — Relationship between tax harmonisation and monitoring of State aid — Respective powers of the Council and the Commission — Principle of legal certainty — Presumption of legality attaching to European Union measures
Language of the case: French
| Summary |
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Opinion of Advocate General Bot delivered on 18 July 2013
ECLI:EU:C:2013:499 |
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Judgment of the Court (Grand Chamber), 10 December 2013
ECLI:EU:C:2013:812 |
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Case C‑394/12 Abdullahi v Bundesasylamt
Request for a preliminary ruling — Common European Asylum System — Regulation (EC) No 343/2003 — Determination of the Member State responsible for examining an asylum application — Review of compliance with the criteria for determining responsibility for examining the asylum application — Scope of judicial review
Request for a preliminary ruling from the Asylgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 11 July 2013
ECLI:EU:C:2013:473 |
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Judgment of the Court (Grand Chamber), 10 December 2013
ECLI:EU:C:2013:813 |
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Case C‑116/12 Christodoulou and Others v Elliniko Dimosio
Customs value — Goods exported to a third country — Export refunds — Processing in the exporting country regarded as non-substantial — Re-export of goods to the European Union — Determination of the customs value — Transaction value
Request for a preliminary ruling from the Diikitiko Protodikio Serron
Language of the case: Greek
| Summary |
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Judgment of the Court (Sixth Chamber), 12 December 2013
ECLI:EU:C:2013:825 |
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Joined Cases C‑241/12 and C‑242/12 Criminal proceedings against Shell Nederland Verkoopmaatschappij BV (C-241/12), Belgian Shell NV (C-242/12)
Environment — Waste — Concept — Directive 2006/12/EC — Shipments of waste — Information from the competent national authorities — Regulation (EEC) No 259/93 — Discarding of a substance or object or intention or requirement to discard it
Requests for a preliminary ruling from the Rechtbank te Rotterdam
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Jääskinen delivered on 18 June 2013
ECLI:EU:C:2013:405 |
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Judgment of the Court (First Chamber), 12 December 2013
ECLI:EU:C:2013:821 |
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Case C‑267/12 Hay v Crédit agricole mutuel
Directive 2000/78/EC — Equal treatment — Collective agreement which restricts a benefit in respect of pay and working conditions to employees who marry — Exclusion of partners entering into a civil solidarity pact — Discrimination based on sexual orientation
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Judgment of the Court (Fifth Chamber), 12 December 2013
ECLI:EU:C:2013:823 |
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Case C‑292/12 Ragn-Sells v Sillamäe Linnavalitsus
Request for a preliminary ruling — Directive 2008/98/EC — Waste management — Article 16(3) — Principle of proximity — Regulation (EC) No 1013/2006 — Shipment of waste — Mixed municipal waste — Industrial waste and construction waste — Procedure for awarding a service concession for the collection and transport of waste produced on the territory of a municipality — Obligation for the future concessionaire to transport waste collected in the treatment facilities designated by the concession-granting authority — Nearest appropriate treatment facilities
Request for a preliminary ruling from the Tartu ringkonnakohus
Language of the case: Estonian
| Summary |
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Judgment of the Court (Fifth Chamber), 12 December 2013
ECLI:EU:C:2013:820 |
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Case C‑303/12 Imfeld and Garcet v Belgian State
Freedom of establishment — Equal treatment — Income tax — Legislation for the avoidance of double taxation — Income earned in a State other than the State of residence — Method of exemption subject to progressivity in the State of residence — Account taken, in part, of personal and family circumstances — Loss of certain tax advantages linked to the personal and family circumstances of the worker
Request for a preliminary ruling from the tribunal de première instance de Liège
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 13 June 2013
ECLI:EU:C:2013:402 |
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Judgment of the Court (Fifth Chamber), 12 December 2013
ECLI:EU:C:2013:822 |
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Case C‑327/12 Ministero dello Sviluppo economico and Autorità per la Vigilanza sui Contratti Pubblici di lavori, servizi e forniture v SOA Nazionale Costruttori
Articles 101 TFEU, 102 TFEU and 106 TFEU — Public undertakings and undertakings to which special or exclusive rights have been granted — Undertakings entrusted with the operation of services of general economic interest — Definition — Bodies tasked with checking and certifying compliance by undertakings carrying out public works with the conditions required by the law — Article 49 TFEU — Freedom of establishment — Restriction — Justification — Protection of recipients of services — Status of certification services
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 5 September 2013
ECLI:EU:C:2013:530 |
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Judgment of the Court (Fourth Chamber), 12 December 2013
ECLI:EU:C:2013:827 |
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Case C‑361/12 Carratù v Poste Italiane
Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work — Principle of non-discrimination — Employment conditions — National legislation establishing a system of compensation for the unlawful insertion of a fixed-term clause into an employment contract which is different from that applicable to the unlawful termination of an employment contract of indefinite duration
Request for a preliminary ruling from the Tribunale di Napoli
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wahl delivered on 26 September 2013
ECLI:EU:C:2013:620 |
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Judgment of the Court (Third Chamber), 12 December 2013
ECLI:EU:C:2013:830 |
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Case C‑362/12 Test Claimants in the Franked Investment Income Group Litigation v Commissioners of Inland Revenue and another
Judicial protection — Principle of effectiveness — Principles of legal certainty and the protection of legitimate expectations — Restitution of sums paid but not due — Remedies — National legislation — Curtailment of the limitation period for the applicable remedies without notice and retroactively
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 5 September 2013
ECLI:EU:C:2013:538 |
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Judgment of the Court (Third Chamber), 12 December 2013
ECLI:EU:C:2013:834 |
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Case C‑425/12 Portgás v Ministério da Agricultura, do Mar, do Ambiente e do Ordenamento do Território
Procedures for awarding public contracts in the water, energy, transport and telecommunications sectors — Directive 93/38/EEC — Directive not transposed into national law — Whether the State may rely on that directive against a body holding a public service concession in the case where that directive has not been transposed into national law
Request for a preliminary ruling from the Tribunal Administrativo e Fiscal do Porto
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Wahl delivered on 18 September 2013
ECLI:EU:C:2013:623 |
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Judgment of the Court (Fifth Chamber), 12 December 2013
ECLI:EU:C:2013:829 |
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Case C‑443/12 Actavis Group PTC and Actavis UK v Sanofi
Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Article 3 — Conditions for obtaining such a certificate — Successive marketing of two medicinal products containing, wholly or partially, the same active ingredient — Combination of active ingredients, one of which has already been marketed in the form of a medicinal product with a single active ingredient — Whether it is possible to obtain a number of certificates on the basis of the same patent and two marketing authorisations
Request for a preliminary ruling from the High Court of Justice (England and Wales), Chancery Division (Patents Court)
Language of the case: English
| Summary |
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Judgment of the Court (Third Chamber), 12 December 2013
ECLI:EU:C:2013:833 |
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Case C‑445/12 P Rivella International v OHIM
Appeal — Community trade mark — Figurative mark containing the word element ‘BASKAYA’ — Opposition — Bilateral convention — Territory of a non-Member State — ‘Genuine use’
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber), 12 December 2013
ECLI:EU:C:2013:826 |
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Case C‑450/12 HARK v Hauptzollamt Duisburg
Common Customs Tariff — Tariff classification — Combined Nomenclature — Headings 7307 and 7321 — Stove pipe sets — Notions of ‘parts’ of stoves and ‘tube or pipe fittings’
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
| Summary |
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Judgment of the Court (Tenth Chamber), 12 December 2013
ECLI:EU:C:2013:824 |
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Case C‑484/12 Georgetown University v Octrooicentrum Nederland
Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Article 3 — Conditions for obtaining such a certificate — Whether it is possible to obtain a number of supplementary protection certificates on the basis of just one patent
Request for a preliminary ruling from the Rechtbank ‘s-Gravenhage
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Jääskinen delivered on 14 November 2013
ECLI:EU:C:2013:745 |
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Judgment of the Court (Third Chamber), 12 December 2013
ECLI:EU:C:2013:828 |
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Case C‑486/12 X v Heffingsambtenaar van de gemeente Z
Protection of individuals with regard to the processing of personal data — Directive 95/46/EC — Conditions for exercising a right of access — Levying of excessive fees
Request for a preliminary ruling from the Gerechtshof te ’s-Hertogenbosch
Language of the case: Dutch
| Summary |
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Judgment of the Court (Eighth Chamber), 12 December 2013
ECLI:EU:C:2013:836 |
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Case C‑493/12 Eli Lilly and Company v Human Genome Sciences
Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Article 3 — Conditions for obtaining such a certificate — Concept of a ‘product protected by a basic patent in force’ — Criteria — Wording of the claims of the basic patent — Precision and specificity — Functional definition of an active ingredient — Structural definition of an active ingredient — European Patent Convention
Request for a preliminary ruling from the High Court of Justice (England and Wales), Chancery Division (Patents Court)
Language of the case: English
| Summary |
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Judgment of the Court (Third Chamber), 12 December 2013
ECLI:EU:C:2013:835 |
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Case C‑523/12 Dirextra Alta Formazione v Regione Puglia
Request for a preliminary ruling — Freedom to provide services — Grants of public money, co-financed by the European Social Fund, for students enrolled in post-graduate specialist programmes of study — Regional legislation designed to enhance the level of education locally and making the award of grants subject to conditions targeting providers of post-graduate programmes of study — Condition requiring 10 years’ continuous experience
Request for a preliminary ruling from the Tribunale amministrativo regionale per la Puglia
Language of the case: Italian
| Summary |
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Judgment of the Court (Seventh Chamber), 12 December 2013
ECLI:EU:C:2013:831 |
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Case C‑281/11 Commission v Poland
Failure of a Member State to fulfil obligations — Contained use of genetically modified micro-organisms — Directive 2009/41/EC — Incorrect and incomplete transposition
Language of the case: Polish
| Summary |
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Judgment of the Court (Fifth Chamber), 19 December 2013
ECLI:EU:C:2013:855 |
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Case C‑500/11 Fruition Po and The Queen v Minister for Sustainable Farming and Food and Animal Health
Reference for a preliminary ruling — Regulation (EC) No 2200/96 — Regulation (EC) No 1432/2003 — Agriculture — Common organisation of markets — Fruit and vegetables — Producer organisations — Conditions for recognition by national authorities — Provision of technical resources required for storage, packing and marketing of produce — Whether organisation obliged, in the event of delegation of its tasks to third party companies, to exercise control over those companies
Request for a preliminary ruling from the High Court of Justice (England and Wales), Queen’s Bench Division (Administrative Court)
Language of the case: English
| Summary |
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Opinion of Advocate General Wahl delivered on 23 April 2013
ECLI:EU:C:2013:259 |
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Judgment of the Court (Second Chamber), 19 December 2013
ECLI:EU:C:2013:849 |
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Case C‑9/12 Corman-Collins v La Maison du Whisky
Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001 — Article 2 — Article 5(1)(a) and (b) — Special jurisdiction in matters relating to contract — Concepts of ‘sale of goods’ and ‘supply of services’ — Agreement for the distribution of goods
Request for a preliminary ruling from the Tribunal de commerce, Verviers
Language of the case: French
| Summary |
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Opinion of Advocate General Jääskinen delivered on 25 April 2013
ECLI:EU:C:2013:273 |
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Judgment of the Court (First Chamber), 19 December 2013
ECLI:EU:C:2013:860 |
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Case C‑84/12 Koushkaki v Bundesrepublik Deutschland
Area of freedom, security and justice — Regulation (EC) No 810/2009 — Articles 21(1), 32(1) and 35(6) — Procedures and conditions for issuing uniform visas — Obligation to issue a visa — Assessment of the risk of illegal immigration — Intention of the applicant to leave the territory of the Member States before the expiry of the visa applied for — Reasonable doubt — Discretion of the competent authorities
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 11 April 2013
ECLI:EU:C:2013:232 |
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Judgment of the Court (Grand Chamber), 19 December 2013
ECLI:EU:C:2013:862 |
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Case C‑174/12 Hirmann v Immofinanz
Reference for a preliminary ruling — Company law — Second Directive 77/91/EEC — Liability of a public limited liability company for breach of its obligations in respect of advertising — Inaccurate information in share prospectus — Extent of liability — Legislation of a Member State providing for repayment of the price paid by the purchaser for purchased shares
Request for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 12 September 2013
ECLI:EU:C:2013:555 |
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Judgment of the Court (Second Chamber), 19 December 2013
ECLI:EU:C:2013:856 |
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Case C‑202/12 Innoweb v Wegener ICT Media and Wegener Mediaventions
Directive 96/9/EC — Legal protection of databases — Article 7(1) and (5) — Sui generis right of the database maker — Concept of ‘re-utilisation’ — Substantial part of the contents of the database — Dedicated meta search engine
Request for a preliminary ruling from the Gerechtshof te ’s-Gravenhage
Language of the case: Dutch
| Summary |
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Judgment of the Court (Fifth Chamber), 19 December 2013
ECLI:EU:C:2013:850 |
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Case C‑209/12 Endress v Allianz Lebensversicherung
Request for a preliminary ruling — Directives 90/619/EEC and 92/96/EEC — Direct life assurance — Right of cancellation — Lack of information on the conditions governing the exercise of that right — Expiry of the cancellation period one year after payment of the first premium — Conformity with Directives 90/619/EEC and 92/96/EEC
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 11 July 2013
ECLI:EU:C:2013:472 |
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Judgment of the Court (First Chamber), 19 December 2013
ECLI:EU:C:2013:864 |
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Case C‑262/12 Association Vent De Colère and Others v Ministre de l'Écologie, du Développement durable, des Transports et du Logement and Ministre de l'Économie, des Finances et de l'Industrie
Reference for a preliminary ruling — State aid — Concept of ‘intervention by the State or through State resources’ — Wind-generated electricity — Obligation to purchase at a price higher than the market price — Offsetting in full — Charges payable by final consumers of electricity
Request for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Jääskinen delivered on 11 July 2013
ECLI:EU:C:2013:469 |
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Judgment of the Court (Second Chamber), 19 December 2013
ECLI:EU:C:2013:851 |
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Case C‑274/12 P Telefónica v Commission
Appeal — Action for annulment — Fourth paragraph of Article 263 TFEU — Right to bring an action — Standing to bring proceedings — Natural or legal persons — Act of individual concern to them — Regulatory act not entailing implementing measures — Decision declaring a State aid scheme incompatible with the common market — Right to effective judicial protection
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Kokott delivered on 21 March 2013
ECLI:EU:C:2013:204 |
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Judgment of the Court (Grand Chamber), 19 December 2013
ECLI:EU:C:2013:852 |
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Case C‑279/12 Fish Legal and Shirley v Information Commissioner and Others
Reference for a preliminary ruling — Aarhus Convention — Directive 2003/4/EC — Public access to environmental information — Scope — Concept of ‘public authority’ — Water and sewerage undertakers — Privatisation of the water industry in England and Wales
Request for a preliminary ruling from the Upper Tribunal (Administrative Appeals Chamber)
Language of the case: English
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 5 September 2013
ECLI:EU:C:2013:539 |
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Judgment of the Court (Grand Chamber), 19 December 2013
ECLI:EU:C:2013:853 |
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Case C‑281/12 Trento Sviluppo and Centrale Adriatica v Autorità Garante della Concorrenza e del mercato
Request for a preliminary ruling — Consumer protection — Unfair business-to-consumer commercial practices — Directive 2005/29/EC — Article 6(1) — Concept of ‘misleading action’ — Cumulative nature of the conditions set out in the provision in question
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Sixth Chamber), 19 December 2013
ECLI:EU:C:2013:859 |
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Case C‑437/12 X v Voorzitter van het managementteam van het onderdeel Belastingdienst/Z van de rijksbelastingdienst
Internal taxation – Article 110 TFEU – Registration duty – Similar domestic products – Neutrality of the tax between imported used automobile vehicles and similar vehicles already present on the national market
Request for a preliminary ruling from the Gerechtshof’s-Hertogenbosch
Language of the case: Dutch
| Summary |
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Judgment of the Court (Eighth Chamber), 19 December 2013
ECLI:EU:C:2013:857 |
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Case C‑452/12 Nipponka Insurance Co. (Europe) v Inter-Zuid Transport
Judicial cooperation in civil and commercial matters — Regulation (EC) No 44/2001 — Articles 27, 33 and 71 — Lis pendens — Recognition and enforcement of judgments — Convention on the Contract for the International Carriage of Goods by Road (CMR) — Article 31(2) — Rules for coexistence — Action for indemnity — Action for a negative declaration — Negative declaratory judgment
Request for a preliminary ruling from the Landgericht Krefeld
Language of the case: German
| Summary |
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Judgment of the Court (Third Chamber), 19 December 2013
ECLI:EU:C:2013:858 |
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Case C‑495/12 Commissioners for Her Majesty's Revenue & Customs v Bridport and West Dorset Golf Club
Taxation — VAT — Directive 2006/112/EC — Exemptions — Article 132(1)(m) — Supply of services closely linked to sport — Access to a golf course — Payment of golf club access charge (‘green fee’) by visiting non-members — Exclusion from the exemption — Article 133(d) — Article 134(b) — Additional income
Request for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
| Summary |
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Judgment of the Court (Fifth Chamber), 19 December 2013
ECLI:EU:C:2013:861 |
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Case C‑563/12 BDV Hungary Trading v Nemzeti Adó- és Vámhivatal Közép-dunántúli Regionális Adó Főigazgatósága
VAT — Directive 2006/112/EC — Article 146 — Exemptions on exportation — Article 131– Conditions laid down by Member States — National legislation requiring that property intended to be exported leave the customs territory of the European Union within a fixed period of 90 days after supply
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Fifth Chamber), 19 December 2013
ECLI:EU:C:2013:854 |
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Case C‑426/13 P(R) Commission v Germany
Appeal — Order for interim measures — Limit values for lead, barium, arsenic, antimony, mercury and nitrosamines and nitrosatable substances in toys — Provisions notified by the Federal Republic of Germany maintaining national limit values for those substances — Commission decision refusing to approve those provisions in their entirety
Language of the case: German
| Summary |
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Order of the Vice-President of the Court, 19 December 2013
ECLI:EU:C:2013:848 |
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Information (on unpublished decisions)
Case C‑446/11 P Commission v Edison
Appeals — Agreements, decisions and concerted practices — European market for hydrogen peroxide and sodium perborate — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Obligation to state reasons
Case C‑447/11 P Caffaro in amministrazione straordinaria (formerly Caffaro) v Commission
Appeal — Agreements, decisions and concerted practices — European market for hydrogen peroxide and sodium perborate — Decision finding an infringement of Article 81 EC — Calculation of the fine — Duration of the infringement — Limitation period — Mitigating circumstances
Case C‑448/11 P SNIA in amministrazione straordinaria (formerly SNIA) v Commission
Appeal — Agreements, decisions and concerted practices — European market for hydrogen peroxide and sodium perborate — Decision finding an infringement of Article 81 EC — Imputation of liability in the field of competition — Economic continuity test — Infringement of the rights of defence — Duty to state reasons
Case C‑449/11 P Solvay Solexis v Commission
Appeal — Agreements, decisions and concerted practices — European market for hydrogen peroxide and sodium perborate — Decision finding an infringement of Article 81 EC — Concepts of ‘agreement’ and ‘concerted practice’ — Concept of a ‘single and continuous infringement’ — Calculation of the fine
Case C‑455/11 P Solvay v Commission
Appeals — Agreements, decisions and concerted practices — European market for hydrogen peroxide and sodium perborate — Decision finding an infringement of Article 81 EC — Duration of the infringement — Concepts of ‘agreement’ and ‘concerted practice’ — Leniency Notice — Obligation to state reasons — Reduction of the fine
Case C‑534/12 P Marcuccio v Commission
Appeal — Action for review — Order of the General Court of the European Union declaring the action inadmissible — Assignment — Reassignment from the delegation in Luanda (Angola) to Brussels (Belgium) — Decision to pack and remove the applicant’s personal effects in his absence — Consequences of a later judgment of the General Court
Case C‑411/12 Commission v Italy
Failure of a Member State to fulfil obligations — State aid — Preferential electricity tariff — Decision 2011/746/EU — Aid incompatible with the internal market — Recovery — Failure to implement within the prescribed period
Case C‑50/13 Papalia v Comune di Aosta
Request for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Social policy — Directive 1999/70/EC — Clause 5 of the Framework Agreement on fixed-term work — Public sector — Successive contracts — Misuse — Compensation for damage — Conditions for the payment of compensation in the event of the unlawful fixing of a date on which a contract of employment will expire — Principles of equivalence and effectiveness
Case C‑70/13 P Getty Images v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) and (c) — Absolute grounds for refusal — Lack of distinctiveness — Descriptive character — Word mark PHOTOS.COM — Partial refusal of registration — Equal treatment — Obligation for OHIM to take into account its prior decision-making practice — Appeal partly manifestly inadmissible and partly manifestly unfounded
Case C‑159/13 P Fercal v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Community trade mark JACKSON SHOES — Application for a declaration of invalidity made by the proprietor of the national business name Jacson of Scandinavia AB — Declaration of invalidity — Manifest inadmissibility
Case C‑355/13 Umbra Packaging v Agenzia delle Entrate
Request for a preliminary ruling — Rules of Procedure — Articles 53(2) and 99 — Possible to infer the answer to a question referred for a preliminary ruling clearly from the case-law — Request manifestly inadmissible — Electronic communications networks and services — Directive 2002/20/EC (Authorisation Directive) — Article 3 — Imposition of a government authorisation charge when a telephone subscription is taken out — Charge not applied to the use of prepaid telephone cards — Article 102 TFEU
Joined Cases C‑239/11 P, C‑489/11 P and C‑498/11 P Siemens and Others v Commission
Appeals — Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Market sharing — Regulation (EC) No 1/2003 — Proof of the infringement — Single and continuous infringement — Distortion of the evidence — Probative value of statements which run counter to the interests of the declarant — Fines — Starting amount — Reference year — Deterrent multiplier — Powers of unlimited jurisdiction — Equal treatment — Rights of the defence — Duty to state reasons
Case C‑10/12 P Transnational Company 'Kazchrome' and ENRC Marketing v Council
Appeal — Dumping — Regulation (EC) No 172/2008 — Imports of ferro-silicon originating in China, Egypt, Kazakhstan, the former Yugoslav Republic of Macedonia and Russia — Partial interim review − Regulation (EC) No 384/96 — Article 3(7) — Known factors — Injury to European Union industry — Causal link
Case C‑586/12 P Koninklijke Wegenbouw Stevin v Commission
Appeal — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Fixing of the gross price of road pavement bitumen — Fixing of a rebate for road builders — Evidence — Principle of equal treatment — Unlimited jurisdiction — Proportionality of the fine — Review by the Court
Case C‑506/13 P-R Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro v Commission
Application for interim measures — Appeal — Suspension of operation of a judgment of the General Court — Financial assistance in support of a medical research project — Debit note seeking to recover part of the financial assistance — Application for annulment — Counterclaim seeking payment of the sum requested — Order to pay that sum
January 2014
Case C‑292/11 P Commission v Portugal
Appeal — Compliance with a judgment of the Court of Justice establishing a failure to fulfil obligations — Periodic penalty payment — Claim for payment — Repeal of the national legislation which gave rise to the failure to fulfil obligations — Assessment by the Commission of the measures adopted by the Member State to comply with the judgment of the Court of Justice — Limits — Division of jurisdiction between the Court of Justice and the General Court
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Jääskinen delivered on 16 May 2013
ECLI:EU:C:2013:321 |
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Judgment of the Court (Grand Chamber), 15 January 2014
ECLI:EU:C:2014:3 |
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Case C‑176/12 Association de médiation sociale v Union locale des syndicats CGT and Others
Social policy — Directive 2002/14/EC — Charter of Fundamental Rights of the European Union — Article 27 — Subjecting the setting up of bodies representing staff to certain thresholds of employees — Calculation of the thresholds — National legislation contrary to EU law — Role of the national court
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 18 July 2013
ECLI:EU:C:2013:491 |
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Judgment of the Court (Grand Chamber), 15 January 2014
ECLI:EU:C:2014:2 |
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Case C‑67/12 Commission v Spain
Failure of a Member State to fulfil obligations — Directive 2002/91/EC — Energy performance of buildings — Articles 3, 7 and 8 — Incomplete transposition
Language of the case: Spanish
| Summary |
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Judgment of the Court (Tenth Chamber), 16 January 2014
ECLI:EU:C:2014:5 |
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Case C‑226/12 Constructora Principado v Menéndez Alvarez
Directive 93/13/EEC — Consumer contracts — Contract for the purchase of immovable property — Unfair terms — Criteria for assessment
Request for a preliminary ruling from the Audiencia Provincial de Oviedo
Language of the case: Spanish
| Summary |
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Judgment of the Court (First Chamber), 16 January 2014
ECLI:EU:C:2014:10 |
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Case C‑300/12 Finanzamt Düsseldorf-Mitte v Ibero Tours
Value-added tax — Operations of travel agents — Granting of price discounts to customers — Determination of the taxable amount for services provided as part of an intermediary activity
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 18 July 2013
ECLI:EU:C:2013:502 |
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Judgment of the Court (First Chamber), 16 January 2014
ECLI:EU:C:2014:8 |
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Case C‑328/12 Schmid v Hertel
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 1346/2000 — Insolvency proceedings — Action to set a transaction aside by virtue of the debtor’s insolvency — Defendant resident in a third country — Jurisdiction of the court of the Member State where the debtor has the centre of his main interests
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 10 September 2013
ECLI:EU:C:2013:540 |
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Judgment of the Court (First Chamber), 16 January 2014
ECLI:EU:C:2014:6 |
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Case C‑378/12 Onuekwere v Secretary of State for the Home Department
Reference for a preliminary ruling — Directive 2004/38/EC — Article 16(2) and (3) — Right of permanent residence of third-country nationals who are family members of a Union citizen — Taking into consideration of periods of imprisonment of those nationals
Request for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber), London
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 3 October 2013
ECLI:EU:C:2013:640 |
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Judgment of the Court (Second Chamber), 16 January 2014
ECLI:EU:C:2014:13 |
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Case C‑400/12 Secretary of State for the Home Department v G
Reference for a preliminary ruling — Directive 2004/38/EC — Article 28(3)(a) — Protection against expulsion — Method for calculating the 10‑year period — Whether periods of imprisonment are to be taken into account
Request for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber), London
Language of the case: English
| Summary |
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Judgment of the Court (Second Chamber), 16 January 2014
ECLI:EU:C:2014:9 |
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Case C‑423/12 Reyes v Migrationsverket
Request for a preliminary ruling ‒ Directive 2004/38/EC ‒ Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States — Right of residence in a Member State of a third-country national who is a direct descendant of a person having the right of residence in that Member State — Concept of ‘dependant’
Request for a preliminary ruling from the Kammarrätten i Stockholm — Migrationsöverdomstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 6 November 2013
ECLI:EU:C:2013:719 |
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Judgment of the Court (Fourth Chamber), 16 January 2014
ECLI:EU:C:2014:16 |
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Case C‑429/12 Pohl v ÖBB Infrastruktur
Reference for a preliminary ruling — Equal treatment in employment and occupation — Article 21 of the Charter of Fundamental Rights of the European Union — Article 45 TFEU — Directive 2000/78/EC — Difference in treatment on grounds of age — Determination of the reference date for the purposes of advancement on the salary scale — Limitation period — Principle of effectiveness
Request for a preliminary ruling from the Oberlandesgericht Innsbruck
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber), 16 January 2014
ECLI:EU:C:2014:12 |
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Case C‑481/12 Juvelta v Lietuvos prabavimo rūmai
Free movement of goods — Article 34 TFEU — Quantitative restrictions on imports — Measures having equivalent effect — Marketing of articles made of precious metals — Hallmark — Requirements laid down in the legislation of the Member State of import
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
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Judgment of the Court (Second Chamber), 16 January 2014
ECLI:EU:C:2014:11 |
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Case C‑24/13 Dél-Zempléni Nektár Leader Nonprofit v Vidékfejlesztési Miniszter
Agriculture — Regulation (EC) No 1698/2005 — EAFRD — Requirements relating to the legal form of local action groups — Amendment of those requirements — Competence of the Member States — Limits
Request for a preliminary ruling from the Fővárosi közigazgatási és munkaügyi bíróság
Language of the case: Hungarian
| Summary |
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Order of the Court (Ninth Chamber), 16 January 2014
ECLI:EU:C:2014:40 |
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Case C‑45/13 Kainz v Pantherwerke
Reference for a preliminary ruling — Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001 — Liability for a defective product — Product manufactured in one Member State and sold in another Member State — Interpretation of the concept of ‘the place where the harmful event occurred or may occur’ — Place of the event giving rise to the damage
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Fourth Chamber), 16 January 2014
ECLI:EU:C:2014:7 |
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Case C‑430/13 Baradics and Others v QBE Insurance and Magyar Állam
Article 99 of the Rules of Procedure of the Court of Justice — Package travel, package holidays and package tours — National legislation laying down minimum percentages for the security that a travel organiser must provide in order to refund, in the event of insolvency, money paid over by consumers
Request for a preliminary ruling from the Fővárosi Ítélőtábla
Language of the case: Hungarian
| Summary |
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Order of the Court (Sixth Chamber), 16 January 2014
ECLI:EU:C:2014:32 |
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Case C‑574/13 P(R) France v Commission
Appeal — Order for interim measures — State aid — Decision ordering the recovery of aid — Absence of national compulsory measures for the recovery of the aid — Lack of urgency
Language of the case: French
| Summary |
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Order of the Vice-president of the Court, 21 January 2014
ECLI:EU:C:2014:36 |
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Case C‑270/12 United Kingdom v Council and Parliament
Regulation (EU) No 236/2012 — Short selling and certain aspects of credit default swaps — Article 28 — Validity — Legal basis — Powers of intervention conferred on the European Securities and Markets Authority in exceptional circumstances
Language of the case: English
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Judgment of the Court (Grand Chamber), 22 January 2014
ECLI:EU:C:2014:18 |
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Case C‑537/11 Manzi and Compagnia Naviera Orchestra v Capitaneria di Porto
Maritime transport — Directive 1999/32/EC — Marpol Convention 73/78 — Annex VI - Air pollution from ships — Passenger ships operating regular services — Cruise ships — Maximum sulphur content in marine fuels — Validity
Request for a preliminary ruling from the Tribunale di Genova
Language of the case: Italian
| Summary |
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Judgment of the Court (Fourth Chamber), 23 January 2014
ECLI:EU:C:2014:19 |
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Case C‑164/12 DMC v Finanzamt Hamburg-Mitte
Taxation — Corporation tax — Transfer of an interest in a partnership to a capital company — Book value — Value as part of a going concern — Agreement on the prevention of double taxation — Immediate taxation of unrealised capital gains — Different treatment — Restriction on free movement of capital — Preserving the balanced allocation of powers to impose taxes between the Member States — Proportionality
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber), 23 January 2014
ECLI:EU:C:2014:20 |
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Case C‑296/12 Commission v Belgium
Failure of a Member State to fulfil obligations — Freedom to provide services — Free movement of capital — Income tax — Contributions paid to a savings pension — Tax reduction solely in respect of payments to institutions or funds established in that Member State — Coherence of the tax system — Efficacy of fiscal supervision
Language of the case: Dutch
| Summary |
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Judgment of the Court (Tenth Chamber), 23 January 2014?
ECLI:EU:C:2014:24 |
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Case C‑355/12 Nintendo and Others v PC Box and 9Net
Directive 2001/29/EC — Copyright and related rights in the information society — Concept of ‘technological measures’ — Protection device — Equipment and protected complementary products — Similar complementary devices, products or components from other undertakings — Exclusion of any interoperability between them — Scope of those technological measures — Relevance
Request for a preliminary ruling from the Tribunale di Milano
Language of the case: Italian
| Summary |
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Opinion of Advocate General Sharpston delivered on 19 September 2013
ECLI:EU:C:2013:581 |
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Judgment of the Court (Fourth Chamber), 23 January 2014
ECLI:EU:C:2014:25 |
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Case C‑371/12 Petillo and Petillo v Unipol
Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC, Directive 84/5/EEC, Directive 90/232/EEC and Directive 2009/103/EEC — Road traffic accident — Non-material damage — Compensation — National provisions establishing methods of calculation specific to road traffic accidents which are less favourable to victims than those provided for under the ordinary rules of civil liability — Compatibility with those directives
Request for a preliminary ruling from the Tribunale di Tivoli
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wahl delivered on 9 October 2013
ECLI:EU:C:2013:652 |
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Judgment of the Court (Second Chamber), 23 January 2014
ECLI:EU:C:2014:26 |
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Case C‑380/12 X v Minister van Financiën
Tariff headings — Decolourising earth — Chapter 25 of the Combined Nomenclature — Tariff heading 2508 — Concept of ‘washed products’ — Elimination of impurities without changing the structure of the product — Chapter 38 of the Combined Nomenclature — Tariff heading 3802
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Tenth Chamber), 23 January 2014
ECLI:EU:C:2014:21 |
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Case C‑558/12 P :
Appeal — Community trade mark — Word mark WESTERN GOLD — Opposition by the proprietor of the national, international and Community word marks WeserGold, Wesergold and WESERGOLD
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber), 23 January 2014
ECLI:EU:C:2014:22 |
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Case C‑285/12 Diakite v Commissaire général aux réfugiés et aux apatrides
Directive 2004/83/EC — Minimum standards for granting refugee status or subsidiary protection status — Person eligible for subsidiary protection — Article 15(c) — Serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of armed conflict — ‘Internal armed conflict’ — Interpretation independent of international humanitarian law — Criteria for assessment
Request for a preliminary ruling from the Conseil d’État (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 18 July 2013
ECLI:EU:C:2013:500 |
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Judgment of the Court (Fourth Chamber), 30 January 2014
ECLI:EU:C:2014:39 |
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Case C‑422/12 P Industrias Alen v OHIM
Appeal — Article 181 of the Rules of Procedure — Community trade mark — Opposition proceedings — Application for Community word mark CLORALEX — Earlier national word mark CLOROX — Likelihood of confusion — Regulation (EC) No 207/2009 — Article 8(1)(b) — Cross-appeal — Article 176 of the Rules of Procedure — Requirement to introduce the cross-appeal by a separate document
Language of the case: Spanish
| Summary |
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Order of the Court (Third Chamber), 30 January 2014
ECLI:EU:C:2014:57 |
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Case C‑122/13 C v Presidenza del Consiglio dei Ministri
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2004/80/EC — Article 12 — Compensation of victims of violent intentional crime — Purely internal situation — Clear lack of jurisdiction of the Court
Request for a preliminary ruling from the Tribunale ordinario di Firenze
Language of the case: Italian
| Summary |
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Order of the Court (Sixth Chamber), 30 January 2014
ECLI:EU:C:2014:59 |
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Information (on unpublished decisions)
Joined Cases C‑614/12 and C‑10/13 Dutka and Sajtos v Mezőgazdasági és Vidékfejlesztési Hivatal and Budapest Főváros VI. Ker. Önkormányzata
Reference for a preliminary ruling — Article 30 of the Charter of Fundamental Rights of the European Union — Implementation of EU law — Absence — Clear lack of jurisdiction of the Court
Case C‑193/13 P nfon v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Figurative mark including the word element ‘nfon’ — Opposition by the proprietor of Community figurative mark including the word element ‘fon’ and of the national word mark FON — Rejection of the opposition by the Board of Appeal of OHIM
Case C‑332/13 Weigl v Nemzeti Innovációs Hivatal
Reference for a preliminary ruling — Article 30 of the Charter of Fundamental Rights of the European Union — No implementation of EU law — Court manifestly lacking jurisdiction
Case C‑397/13 P Gbagbo v Council
Appeal — Time-limit — Formal requirements — Manifest inadmissibility
Cases C‑553/10 P-DEP and C‑554/10 P-DEP Éditions Odile Jacob v Commission and Others
Taxation of costs
Case C‑25/13 France Telecom España v Organismo de Gestión Tributaria de la Diputación de Barcelona
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/20/EC — Fee for the private use or the special right of use for the area under and on local public land imposed on operators supplying electronic communications services — Article 99 of the Rules of Procedure of the Court — Answer able clearly to be deduced from the case-law
Case C‑324/13 P Fercal v OHIM
Appeal — Community trade mark — Word mark PATRICIA ROCHA — Opposition by the proprietor of the national word mark ROCHAS — Refusal to register by the Opposition Division of OHIM — Inadmissibility of the action brought before the Board of Appeal of OHIM
Case C‑372/13 Warner-Lambert and Pfizer v SiegerPharma
Article 99 of the Rules of Procedure of the Court — Questions referred for a preliminary ruling which are identical to questions on which the Court has already made a ruling — Agreement on Trade-Related Aspects of International Property Rights (TRIPs) — Article 27 — Patentable Subject Matter — Article 70 — Protection of Existing Subject Matter
Case C‑462/13 Warner-Lambert and Pfizer v Minerva Farmakeftiki
Article 99 of the Rules of Procedure of the Court of Justice — Questions referred for a preliminary ruling identical to questions on which the Court has already ruled — Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) — Article 27 — Patentable Subject Matter — Article 70 — Protection of Existing Subject Matter
February 2014
Case C‑385/12 Hervis Sport- és Divatkereskedelmi v Nemzeti Adó- és Vámhivatal Közép-dunántúli Regionális Adó Főigazgatósága
Reference for a preliminary ruling — Direct taxation — Freedom of establishment — National tax legislation establishing an exceptional tax on the turnover of store retail trade — Retail store chains — Existence of a discriminatory effect — Indirect discrimination
Request for a preliminary ruling from the Székesfehérvári Törvényszék
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Kokott delivered on 5 September 2013
ECLI:EU:C:2013:531 |
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Judgment of the Court (Grand Chamber), 5 February 2014
ECLI:EU:C:2014:47 |
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Case C‑65/12 Leidseplein Beheer and de Vries v Red Bull and Red Bull Nederland
Reference for a preliminary ruling — Trade marks — Directive 89/104/EEC — Rights conferred by a trade mark — Trade mark with a reputation — Protection extended to non-similar goods or services — Use by a third party, without due cause, of a sign identical with or similar to the trade mark with a reputation — Definition of ‘due cause’
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 21 March 2013
ECLI:EU:C:2013:196 |
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Judgment of the Court (First Chamber), 6 February 2014
ECLI:EU:C:2014:49 |
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Case C‑323/12 E. ON Global Commodities v Agenţia Naţională de Administrare Fiscală and Direcţia Generală a Finanţelor Publice a Municipiului București
Directive 79/1072/EEC — Common system of value added tax — Taxable persons residing in another Member State — Rules for refund of VAT — Taxable persons designating a tax representative in accordance with provisions of national law preceding accession to the European Union — Precluded — Meaning of ‘taxable person not established in the territory of the country’ — Condition of not being established — Condition of no supply of goods or services — Supplies of electricity to taxable dealers — Directive 2006/112/EC — Article 171
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
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Judgment of the Court (Tenth Chamber), 6 February 2014
ECLI:EU:C:2014:53 |
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Case C‑424/12 Fatorie v Direcţia Generală a Finanţelor Publice Bihor
Request for a preliminary ruling — VAT — Directive 2006/112/EC — Reverse charge procedure — Right to deduct — Payment of the tax to the service supplier — Omission of mandatory particulars — Payment of VAT not due — Loss of the right to deduct — Principle of fiscal neutrality — Principle of legal certainty
Request for a preliminary ruling from the Curtea de Apel Oradea
Language of the case: Romanian
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Judgment of the Court (Second Chamber), 6 February 2014
ECLI:EU:C:2014:50 |
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Case C‑509/12 Navileme and Nautizende
Reference for a preliminary ruling — Article 52 and Article 56 TFEU — Freedom to provide services — Grant of a recreational boating licence — Condition of residency in the issuing country — Restriction for non-residents — Maintaining maritime safety — Public policy
Request for a preliminary ruling from the Tribunal Central Administrativo Norte
Language of the case: Portuguese
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Judgment of the Court (Third Chamber), 6 February 2014
ECLI:EU:C:2014:54 |
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Case C‑528/12 Mömax Logistik v Bundesamt für Justiz
Reference for a preliminary ruling — Company law — Directive 78/660/EEC — Publication of consolidated annual accounts of certain types of company — Application of the rules on the publication of accounts to companies governed by the law of one Member State and forming part of a group whose parent company is governed by the law of another Member State
Request for a preliminary ruling from the Landgericht Bonn
Language of the case: German
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Judgment of the Court (Tenth Chamber), 6 February 2014
ECLI:EU:C:2014:51 |
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Case C‑613/12 Helm Düngemittel v Hauptzollamt Krefeld
Reference for a preliminary ruling — Customs union and Common Customs Tariff — Euro-Mediterranean Agreement with Egypt — Article 20 of Protocol 4 — Proof of origin — Movement certificate EUR.1 — Replacement movement certificate EUR.1 issued at a time when the goods were no longer under the control of the issuing customs authority — Refusal to apply preferential treatment
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
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Judgment of the Court (Third Chamber), 6 February 2014
ECLI:EU:C:2014:52 |
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Case C‑2/13 Directeur général des douanes et droits indirects and Chef de l'agence de la direction nationale du renseignement et des enquêtes douanières v Humeau Beaupréau
Common Customs Tariff — Tariff classification — Combined Nomenclature — Chapter 64 — Import of components required for the manufacture of sports footwear — Heading 6404 — Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials — Heading 6406 — Parts of footwear — General Rule 2(a) for the Interpretation of the Combined Nomenclature — Incomplete or unfinished article having the ‘essential character of the complete or finished article’ — Article ‘presented unassembled or disassembled’ — Explanatory Note for the interpretation of the Harmonised System — Assembly operations and not ‘working operations for completion into the finished state’
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
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Judgment of the Court (Third Chamber), 6 February 2014
ECLI:EU:C:2014:48 |
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Case C‑28/13 P Thesing and Bloomberg Finance v ECB
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Article 169(2) of the Rules of Procedure of the Court of Justice — Content required in the application initiating an appeal
Language of the case: English
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Order of the Court (Fifth Chamber), 6 February 2014
ECLI:EU:C:2014:230 |
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Case C‑98/13 Blomqvist v Rolex and Manufacture des Montres Rolex
Reference for a preliminary ruling — Regulation No 1383/2003 — Measures to prevent counterfeit or pirated goods being placed on the market — Article 2 — Scope of the Regulation — Private sale by internet of a counterfeit watch from a non-member country to an individual residing in a Member State — Seizure of the watch by the customs authorities on entry into the territory of the Member State — Lawfulness of seizure — Conditions — Conditions relating to infringement of intellectual property rights — Directive 2001/29/EC — Article 4 — Distribution to the public — Directive 2008/95/EC — Article 5 — Regulation (EC) No 207/2009 — Article 9 — Use in the course of trade
Request for a preliminary ruling from the Højesteret
Language of the case: Danish
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Judgment of the Court (Second Chamber), 6 February 2014
ECLI:EU:C:2014:55 |
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Joined Cases C‑512/11 and C‑513/11 TSN and YTN v Terveyspalvelualan Liitto and Others
Social policy — Directive 92/85/EEC — Protection of the safety and health of workers — Pregnant workers and workers who have recently given birth or are breastfeeding — Maternity leave − Maintenance of payment and/or entitlement to an adequate allowance − Directive 96/34/EC − Framework Agreement on parental leave − Individual right to parental leave on the grounds of the birth or adoption of a child − Working and remuneration conditions − National collective agreement — Female workers having taken maternity leave after interruption of a period of unpaid parental leave — Refusal to pay a salary during the maternity leave
Requests for a preliminary ruling from the työtuomioistuin
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Kokott delivered on 21 February 2013
ECLI:EU:C:2013:89 |
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Judgment of the Court (Third Chamber), 13 February 2014
ECLI:EU:C:2014:73 |
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Case C‑530/11 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Public participation in decision-making and access to justice in environmental matters — Concept of ‘not prohibitively expensive’ judicial proceedings
Language of the case: English
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Opinion of Advocate General Kokott delivered on 12 September 2013
ECLI:EU:C:2013:554 |
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Judgment of the Court (Second Chamber), 13 February 2014
ECLI:EU:C:2014:67 |
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Joined Cases C‑162/12 and C‑163/12 Airport Shuttle Express and Others v Comune di Grottaferrata
References for a preliminary ruling — Articles 49 TFEU, 101 TFEU and 102 TFEU — Regulation (EEC) No 2454/92 — Regulation (EC) No 12/98 — Car and driver hire services — National and regional legislation — Authorisation issued by municipalities — Conditions — Purely internal situations — Jurisdiction of the Court — Whether the requests are admissible
Requests for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio
Language of the case: Italian
| Summary |
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Opinion of Advocate General Kokott delivered on 26 September 2013
ECLI:EU:C:2013:617 |
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Judgment of the Court (Third Chamber), 13 February 2014
ECLI:EU:C:2014:74 |
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Case C‑367/12 Sokoll-Seebacher v Hemetsberger, successor to Susanna Zehetner
Freedom of establishment — Public health — Article 49 TFEU — Pharmacies — Adequate supply of medicinal products to the public — Operating authorisation — Territorial distribution of pharmacies — Establishment of limits essentially based on a demographic criterion — Minimum distance between pharmacies
Request for a preliminary ruling from the Unabhängiger Verwaltungssenat des Landes Oberösterreich
Language of the case: German
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Judgment of the Court (Fourth Chamber), 13 February 2014
ECLI:EU:C:2014:68 |
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Joined Cases C‑419/12 and C‑420/12 Crono Service and Others v Roma Capitale and Regione Lazio
References for a preliminary ruling — Articles 49 TFEU, 101 TFEU and 102 TFEU — Car and driver hire services — Purely internal situation — Jurisdiction of the Court — Conditions for admissibility
Requests for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio
Language of the case: Italian
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Judgment of the Court (Third Chamber), 13 February 2014
ECLI:EU:C:2014:81 |
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Case C‑466/12 Svensson and Others v Retriever Sverige
Reference for a preliminary ruling — Approximation of laws — Copyright and related rights — Directive 2001/29/EC — Information society — Harmonisation of certain aspects of copyright and related rights — Article 3(1) — Communication to the public — Meaning — Internet links (‘clickable links’) giving access to protected works
Request for a preliminary ruling from the Svea hovrätt
Language of the case: Swedish
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Judgment of the Court (Fourth Chamber), 13 February 2014
ECLI:EU:C:2014:76 |
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Case C‑479/12 H. Gautzsch Großhandel v Münchener Boulevard Möbel Joseph Duna
Reference for a preliminary ruling — Intellectual property — Community designs — Regulation (EC) No 6/2002 — Articles 7(1), 11(2), 19(2), 88 and 89(1)(a) and (d) — Unregistered Community design — Protection — Making available to the public — Novelty — Action for infringement — Burden of proof — Extinction of rights over time — Time-barring — Applicable law
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 5 September 2013
ECLI:EU:C:2013:537 |
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Judgment of the Court (Third Chamber), 13 February 2014
ECLI:EU:C:2014:75 |
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Case C‑18/13 Maks Pen v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika Sofia (anciennement Direktor na Direktsia)
Taxation — Common system of value added tax — Directive 2006/112/EC — Deduction of input tax — Supplies made — Tax inspection — Supplier not having the necessary resources — Concept of tax evasion — Obligation to make a finding of tax evasion of the court’s own motion — Requirement that the service actually be supplied — Requirement to keep accounts in sufficient detail — Legal proceedings — National court prohibited from classifying the tax evasion as a criminal offence and adversely affecting the applicant’s situation
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
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Judgment of the Court (Seventh Chamber), 13 February 2014
ECLI:EU:C:2014:69 |
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Case C‑31/13 P Hungary v Commission
Appeal — Protected geographical indications — Regulation (EC) No 1234/2007 — Register of protected designations of origin and protected geographical indications for wine — E-Bacchus database — Tokaj
Language of the case: Hungarian
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Judgment of the Court (Third Chamber), 13 February 2014
ECLI:EU:C:2014:70 |
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Case C‑69/13 Mediaset v Ministero dello Sviluppo economico
Reference for a preliminary ruling — State aid — Subsidised purchase or renting of digital decoders — Commission decision declaring an aid scheme unlawful and incompatible with the internal market — Recovery — Quantification of the amount to be recovered — Role of the national court — Taking into consideration by the national court of the positions of the Commission in the enforcement of its decision — Principle of cooperation in good faith
Request for a preliminary ruling from the Tribunale civile di Roma
Language of the case: Italian
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Judgment of the Court (Second Chamber), 13 February 2014
ECLI:EU:C:2014:71 |
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Case C‑555/13 Merck Canada v Accord Healthcare and Others
Reference for a preliminary ruling — ‘Court or tribunal’ for the purposes of Article 267 TFEU — Tribunal Arbitral necessário — Admissibility — Regulation (EC) No 469/2009 — Article 13 — Supplementary protection certificate for medicinal products — Period of validity of a certificate — Maximum period of exclusivity
Request for a preliminary ruling from the Tribunal Arbitral necessário
Language of the case: Portuguese
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Order of the Court (Eighth Chamber), 13 February 2014
ECLI:EU:C:2014:92 |
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Case C-656/11 United Kingdom v Council
Coordination of social security systems — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Council decision — Choice of legal basis — Article 48 TFEU — Article 79(2)(b) TFEU
Language of the case: English
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Judgment of the Court (Third Chamber) of 27 February 2014
ECLI:EU:C:2014:97 |
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Case C‑82/12 Transportes Jordi Besora v Tribunal Económico Administrativo Regional de Cataluña and Generalitat de Catalunya
Indirect taxes — Excise duties — Directive 92/12/EEC — Article 3(2) — Mineral oils — Tax on retail sales — Concept of ‘specific purpose’ — Transfer of powers to the Autonomous Communities — Financing — Predetermined allocation — Health-care and environmental expenditure
Request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña
Language of the case: Spanish
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Opinion of Advocate General Wahl, delivered on 24 October 2013
ECLI:EU:C:2013:694 |
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Judgment of the Court (Third Chamber), 27 February 2014
ECLI:EU:C:2014:108 |
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Case C‑132/12 P Stichting Woonpunt and Others v Commission
Appeal — State aid — Schemes for aid granted in favour of housing corporations — Compatibility decision — Commitments provided by the national authorities in order to comply with EU law — Fourth paragraph of Article 263 TFEU — Action for annulment — Conditions governing admissibility — Interest in bringing proceedings — Locus standi — Beneficiaries who are individually and directly concerned — Notion of a ‘closed circle’
Language of the case: Dutch
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Opinion of Advocate General Wathelet delivered on 29 May 2013
ECLI:EU:C:2013:335 |
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Judgment of the Court (First Chamber), 27 February 2014
ECLI:EU:C:2014:100 |
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Case C‑133/12 P Stichting Woonlinie and Others v Commission
Appeal — State aid — Scheme for aid granted in favour of housing corporations — Compatibility decision — Commitments provided by the national authorities in order to comply with EU law — Fourth paragraph of Article 263 TFEU — Action for annulment — Conditions governing admissibility — Interest in bringing proceedings — Locus standi — Beneficiaries who are individually and directly concerned — Notion of a ‘closed circle’
Language of the case: Dutch
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Opinion of Advocate General Wathelet delivered on 29 May 2013
ECLI:EU:C:2013:336 |
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Judgment of the Court (First Chamber), 27 February 2014
ECLI:EU:C:2014:105 |
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Case C‑351/12 OSA v Léčebné lázně Mariánské Lázně
Directive 2001/29/EC — Copyright and related rights in the information society — Definition of ‘communication to the public’ — Transmission of works in a spa establishment — Direct effect of the provisions of the directive — Articles 56 TFEU and 102 TFEU — Directive 2006/123/EC — Freedom to provide services — Competition — Exclusive right of collective management of copyright
Request for a preliminary ruling from the Krajský soud v Plzni
Language of the case: Czech
| Summary |
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Opinion of Advocate General Sharpston delivered on 14 November 2013
ECLI:EU:C:2013:749 |
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Judgment of the Court (Fourth Chamber), 27 February 2014
ECLI:EU:C:2014:110 |
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Case C‑365/12 P Commission v EnBW Energie Baden-Württemberg
Appeal — Regulation (EC) No 1049/2001 — Access to documents of the institutions — Documents relating to a proceeding under Article 81 EC — Regulation (EC) No 1/2003 and Regulation (EC) No 773/2004 — Access refused — Exceptions relating to the protection of investigations, commercial interests and the decision-making process of the institutions — Obligation upon the institution concerned to carry out a specific, individual examination of the content of the documents covered by the request for access
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 3 October 2013
ECLI:EU:C:2013:643 |
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Judgment of the Court (Third Chamber), 27 February 2014
ECLI:EU:C:2014:112 |
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Case C‑396/12 van der Ham and van der Ham-Reijersen van Buuren v College van Gedeputeerde Staten van Zuid-Holland
Common agricultural policy — Financing by the EAFRD — Support for rural development — Reduction or discontinuance of payments in the event of non-compliance with the rules on cross-compliance — Concept of intentional non-compliance
Request for a preliminary ruling from the Raad van State (Netherlands)
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 24 October 2013
ECLI:EU:C:2013:698 |
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Judgment of the Court (Fourth Chamber), 27 February 2014
ECLI:EU:C:2014:98 |
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Joined Cases C‑454/12 and C‑455/12 Pro Med Logistik and Pongratz v Finanzamt Dresden-Süd and Finanzamt Würzburg
References for a preliminary ruling — VAT — Sixth VAT Directive — Article 12(3) — Annex H, category 5 — Directive 2006/112/EC — Article 98(1) and (2) — Annex III, point 5 — Principle of neutrality — Transport of passengers and their accompanying luggage — Legislation of a Member State applying different rates of VAT to transport by taxi and to transport by minicab
Requests for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Judgment of the Court (Eighth Chamber), 27 February 2014
ECLI:EU:C:2014:111 |
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Case C‑470/12 Pohotovosť v Vašuta
Reference for a preliminary ruling — Consumer credit contract — Unfair terms — Directive 93/13/EEC — Enforcement of an arbitration award — Application for leave to intervene in enforcement proceedings — Consumer protection association — National legislation which does not allow such an intervention — Procedural autonomy of the Member States
Request for a preliminary ruling from the Okresný súd Svidník
Language of the case: Slovak
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Opinion of Advocate General Wahl delivered on 12 December 2013
ECLI:EU:C:2013:844 |
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Judgment of the Court (Third Chamber), 27 February 2014
ECLI:EU:C:2014:101 |
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Case C‑571/12 Greencarrier Freight Services Latvia v Valsts ieņēmumu dienests
Reference for a preliminary ruling — Community Customs Code — Articles 70(1) and 78 — Customs declarations — Partial examination of goods — Sampling — Incorrect code — Application of the results to identical goods covered by earlier customs declarations after release — Post-release examination — Impossible to request a further examination of the goods
Request for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Mengozzi delivered on 5 December 2013
ECLI:EU:C:2013:803 |
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Judgment of the Court (Third Chamber), 27 February 2014
ECLI:EU:C:2014:102 |
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Case C‑588/12 Lyreco Belgium v Rogiers
Social policy — Directive 96/34/EC — Framework agreement on parental leave — Clauses 1 and 2.4 — Part-time parental leave — Dismissal of a worker without compelling or sufficient reason — Fixed-sum protective award on account of the taking of parental leave — Method of calculating the amount of award
Request for a preliminary ruling from the arbeidshof te Antwerpen
Language of the case: Dutch
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Judgment of the Court (Third Chamber), 27 February 2014
ECLI:EU:C:2014:99 |
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Case C‑1/13 Cartier parfums-lunettes and Axa Corporate Solutions assurances v Ziegler France and Others
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 27(2) — Lis pendens — Article 24 — Prorogation of jurisdiction — Establishment of jurisdiction of the court first seised by reason of appearance being entered without objection by the parties or the adoption of a final judgment
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
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Judgment of the Court (Third Chamber), 27 February 2014
ECLI:EU:C:2014:109 |
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Case C‑32/13 Würker v Familienkasse Nürnberg
Social security — Regulation (EEC) No 1408/71 — Family allowances — Articles 77 and 78 — Benefits for dependent children of pensioners and for orphans — Regulation (EC) No 883/2004 — Family benefits — Article 67 — Family members residing in another Member State — Concept of ‘pension’ — Recipient of a pension granted, pursuant to German legislation, for bringing up children following the death of the person from whom that recipient was divorced (‘Erziehungsrente’)
Reference for a preliminary ruling from the Sozialgericht Nürnberg
Language of the case: German
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Judgment of the Court (Third Chamber), 27 February 2014
ECLI:EU:C:2014:107 |
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Case C‑79/13 Fedasil v Saciri and Others
Directive 2003/9/EC — Minimum standards for the reception of asylum seekers in the Member States — Article 13(1) — Time-limits for material reception conditions — Article 13(2) — Provisions on material reception conditions — Guarantees — Article 13(5) — Setting and grant of minimum reception conditions for asylum seekers — Size of the aid granted — Article 14 — Modalities for material reception conditions — Saturation of the reception facilities — Referral to national social protection systems — Provision of the material reception conditions in the form of financial allowances
Request for a preliminary ruling from the Arbeidshof te Brussel
Language of the case: Dutch
| Summary |
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Judgment of the Court (Fourth Chamber), 27 February 2014
ECLI:EU:C:2014:103 |
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Case C‑110/13 HaTeFo v Finanzamt Haldensleben
Reference for a preliminary ruling — Company law — Recommendation 2003/361/EC — Definition of micro, small and medium-sized enterprises — Types of enterprises taken into consideration in calculating staff numbers and financial amounts — Linked enterprises — Notion of ‘group of natural persons acting jointly’
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Judgment of the Court (Seventh Chamber), 27 February 2014
ECLI:EU:C:2014:114 |
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Information (on unpublished decisions)
Joined Cases C‑97/13 and C‑214/13 Câmpean and Ciocoiu
Reference for a preliminary ruling — Internal taxation — Article 110 TFEU — Pollution tax charged on first registration of motor vehicles — Neutrality of tax between imported second-hand motor vehicles and similar vehicles already on the domestic market
Case C‑33/13 Jagiello v Dyrektor Izby Skarbowej w Łodzi
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Taxation — VAT — Sixth Directive — Right of deduction — Refusal — Invoice issued by a company acting as a front
Case C‑223/13 Netherlands v Commission
Action for annulment — Regulation (EU) No 93/2013 — Referral to the General Court of the European Union
Case C‑301/13 P El Corte Inglés v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) –Word mark CLUB GOURMET and CLUB DEL GOURMET — Rejection of the opposition — Rules of Procedure of the Court of Justice — Article 181 — Appeal clearly inadmissible in part and clearly unfounded in part
Case C‑152/12 Commission v Bulgaria
Failure of a Member State to fulfil obligations — Transport — Directive 2001/14/EC — Development of the Union’s railways — Charging scheme for access to railway infrastructure — Articles 7(3) and 8(1) — Possibility of levying a mark-up on charges — Costs directly incurred as a result of operating the train service
Case C‑596/12 Commission v Italy
Failure of a Member State to fulfil obligations — Collective redundancies — Concept of ‘workers’ — Exclusion of ‘dirigenti’ — Directive 98/59/EC — Article 1(1) and (2) — Infringement
Case C‑139/13 Commission v Belgium
Failure of a Member State to fulfil obligations — Area of freedom, security and justice — Standards for security features and biometrics in passports and travel documents issued by Member States — Regulation (EC) No 2252/2004 — Biometric passport — Inclusion of digital fingerprints — Failure to implement — Failure to issue within the prescribed periods
Case C‑177/13 P Marszałkowski v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Application for Community figurative mark with the word elements ‘Walichnowy’ and ‘Marko’ — Opposition by the proprietor of the Community word MAR-KO — Relative ground for refusal — Likelihood of confusion
Case C‑601/12 P Ningbo Yonghong Fasteners v Council
Appeal — Dumping — Regulation (EC) No 384/96 — Second subparagraph of Article 2(7)(c) — Imports of certain iron or steel fasteners originating in China — Market economy treatment — Time-limit for adoption of the related decision exceeded — Effect
Case C‑181/13 Acanfora v Equitalia Sud and Agenzia delle Entrate — Ufficio di Latina
Reference for a preliminary ruling — Article 107 TFEU — ‘State aid’ — National legislation which, in the event that tax is not paid, obliges the taxable person to pay the tax collection agency an amount equal to 9% of the sums entered in the tax roll as remuneration for tax collection activities — Description of the factual context — Lack of description — Manifestly inadmissible
March 2014
Case C‑409/12 Backaldrin Österreich The Kornspitz Company v Pfahnl Backmittel
Trade marks — Directive 2008/95/EC — Article 12(2)(a) — Revocation — Trade mark which, in consequence of acts or inactivity of the proprietor, has become the common name in the trade for a product or service in respect of which it is registered — Perception of the word sign ‘KORNSPITZ’ by sellers, on the one hand, and by end users, on the other — Loss of distinctive character from the point of view of end users only
Request for a preliminary ruling from the Oberster Patent- und Markensenat
Language of the case: German
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Opinion of Advocate General Cruz Villalón delivered on 12 September 2013
ECLI:EU:C:2013:563 |
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Judgment of the Court (Third Chamber), 6 March 2014
ECLI:EU:C:2014:130 |
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Case C‑458/12 Amatori and Others v Telecom Italia and Telecom Italia Information Technology
Reference for a preliminary ruling — Social policy — Transfer of undertakings — Safeguarding of employees’ rights — Directive 2001/23/EC — Transfer of employment relationships in the event of a legal transfer of part of a business that cannot be identified as a pre-existing autonomous economic entity
Request for a preliminary ruling from the Tribunale di Trento
Language of the case: Italian
| Summary |
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Judgment of the Court (Ninth Chamber), 6 March 2014
ECLI:EU:C:2014:124 |
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Case C‑595/12 Napoli v Ministero della Giustizia
Reference for a preliminary ruling — Social policy — Directive 2006/54/EC — Equal treatment of men and women in matters of employment and occupation — Training course for acquiring the status of a public official — Exclusion on grounds of a prolonged absence — Absence attributable to maternity leave
Request for a preliminary ruling from the Tribunale amministrativo regionale per il Lazio
Language of the case: Italian
| Summary |
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Judgment of the Court (First Chamber), 6 March 2014
ECLI:EU:C:2014:128 |
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Joined Cases C‑606/12 and C‑607/12 Dresser-Rand v Agenzia Entrate-Ufficio Controlli
Reference for a preliminary ruling — Taxation — VAT — Directive 2006/112/EC — Article 17(2)(f) — Condition relating to the return of goods to the Member State from which they were initially dispatched or transported
Requests for a preliminary ruling from the Commissione tributaria provinciale di Genova
Language of the case: Italian
| Summary |
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Judgment of the Court (Seventh Chamber), 6 March 2014
ECLI:EU:C:2014:125 |
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Case C‑206/13 Siragusa v Regione Sicilia
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — General principles of EU law — Implementation of EU law — Scope of EU law — A sufficient connection — Lack of such a connection — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Tribunale amministrativo regionale per la Sicilia
Language of the case: Italian
| Summary |
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Judgment of the Court (Tenth Chamber), 6 March 2014
ECLI:EU:C:2014:126 |
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Case C‑456/12 Minister voor Immigratie, Integratie en Asiel and O. v B.
Directive 2004/38/EC — Article 21(1) TFEU — Right to move and reside freely within the territory of the Member States — Beneficiaries — Right of residence of a third-country national who is a family member of a Union citizen in the Member State of which that citizen is a national — Return of the Union citizen to that Member State after short periods of residence spent in another Member State
Request for a preliminary ruling from the Raad van State (Netherlands)
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston, delivered on 12 December 2013
ECLI:EU:C:2013:837 |
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Judgment of the Court (Grand Chamber), 12 March 2014
ECLI:EU:C:2014:135 |
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Case C‑457/12 S. and Minister voor Immigratie, Integratie en Asiel v G.
Articles 20 TFEU, 21(1) TFEU and 45 TFEU — Directive 2004/38/EC — Right to move and reside freely within the territory of the Member States — Beneficiaries — Right of residence of a third-country national who is a family member of a Union citizen in the Member State of which that citizen is a national — Union citizen residing in the Member State of which he is a national — Professional activities — Regular travel to another Member State
Request for a preliminary ruling from the Raad van State (Netherlands)
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston, delivered on 12 December 2013
ECLI:EU:C:2013:842 |
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Judgment of the Court (Grand Chamber), 12 March 2014
ECLI:EU:C:2014:136 |
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Case C‑222/12 A. Karuse v Politsei- ja Piirivalveamet
Road transport — Regulation (EC) No 561/2006 — Obligation to use a tachograph — Derogation for vehicles used in connection with road maintenance — Vehicle transporting gravel from the loading site to the road maintenance works site
Request for a preliminary ruling from the Tartu ringkonnakohus
Language of the case: Estonian
| Summary |
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Judgment of the Court (Sixth Chamber), 13 March 2014
ECLI:EU:C:2014:142 |
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Case C‑366/12 Finanzamt Dortmund-West v Klinikum Dortmund
Reference for a preliminary ruling — Sixth VAT Directive — Exemptions — Article 13A(1)(b) — Supply of goods — Supply of cytostatic drugs for the treatment of outpatients — Services provided by different taxable persons — Article 13A(1)(c) — Provision of medical care — Drugs prescribed by a doctor working in an independent capacity in a hospital — Closely related activities — Services ancillary to the provision of medical care — Activities physically and economically indissociable
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 26 September 2013
ECLI:EU:C:2013:618 |
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Judgment of the Court (Third Chamber), 13 March 2014
ECLI:EU:C:2014:143 |
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Case C‑375/12 Bouanich v Directeur des services fiscaux de la Drôme
Reference for a preliminary ruling — Article 63 TFEU — Free movement of capital — Article 49 TFEU — Freedom of establishment — Tax on income of natural persons — Mechanism capping direct taxes by reference to income — Bilateral tax agreement for avoidance of double taxation — Taxation of dividends distributed by a company established in another Member State and already subject to a withholding tax — Failure to take into account or partial taking into account of the tax paid in the other Member State for the calculation of the tax cap — Article 65 TFEU — Restriction — Justification
Request for a preliminary ruling from the tribunal administratif de Grenoble
Language of the case: French
| Summary |
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Judgment of the Court (Fifth Chamber), 13 March 2014
ECLI:EU:C:2014:138 |
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Case C‑464/12 ATP PensionService v Skatteministeriet
Sixth VAT Directive — Exemptions — Article 13B(d)(3) and (6) — Special investment funds — Occupational pension schemes — Management — Transactions concerning deposit and current accounts, payments or transfers
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 12 December 2013
ECLI:EU:C:2013:840 |
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Judgment of the Court (Fifth Chamber), 13 March 2014
ECLI:EU:C:2014:139 |
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Case C‑512/12 Octapharma France v ANSM and Ministère des Affaires sociales et de la Santé
Approximation of laws — Directive 2001/83/EC — Directive 2002/98/EC — Scope — Labile blood product — Plasma prepared by means of an industrial process — Simultaneous or exclusive application of the directives — Option for a Member State to provide for a more rigorous regime for plasma than for medicinal products
Request for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Jääskinen delivered on 7 November 2013
ECLI:EU:C:2013:727 |
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Judgment of the Court (First Chamber), 13 March 2014
ECLI:EU:C:2014:149 |
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Case C‑548/12 Brogsitter v Fabrication de Montres Normandes and Fräßdorf
Area of freedom, security and justice — Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001 — Special jurisdiction — Article 5(1) and (3) — Civil liability claim — Tortious or contractual nature
Request for a preliminary ruling from the Landgericht Krefeld
Language of the case: German
| Summary |
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Judgment of the Court (Seventh Chamber), 13 March 2014
ECLI:EU:C:2014:148 |
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Case C‑599/12 Jetair and BTWE Travel4you v FOD Financiën
VAT — Special scheme for travel agents — Transactions carried out outside the European Union — Sixth Council Directive 77/388/EEC — Article 28(3) — Directive 2006/112/EC — Article 370 — ‘Standstill’ clauses — Amendment of national legislation during the transposition period
Request for a preliminary ruling from the Rechtbank van eerste aanleg te Brugge
Language of the case: Dutch
| Summary |
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Judgment of the Court (Eighth Chamber), 13 March 2014
ECLI:EU:C:2014:144 |
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Joined Cases C‑29/13 and C‑30/13 Global Trans Lodzhistik v Nachalnik na Mitnitsa Stolichna
Reference for a preliminary ruling — Community Customs Code — Articles 243 and 245 — Regulation (EEC) No 2454/93 — Article 181a — Decision amenable to review — Admissibility of legal proceedings where a prior administrative complaint has not been made — Principle of respect for the rights of the defence
Requests for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (First Chamber), 13 March 2014
ECLI:EU:C:2014:140 |
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Case C‑38/13 Nierodzik v Samodzielny Publiczny Psychiatryczny Zakład Opieki Zdrowotnej
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Concept of ‘employment conditions’ — Notice period for the termination of a fixed-term employment contract — Difference in treatment between workers on contracts of indefinite duration
Request for a preliminary ruling from the Sąd Rejonowy w Białymstoku
Language of the case: Polish
| Summary |
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Judgment of the Court (Eighth Chamber), 13 March 2014
ECLI:EU:C:2014:152 |
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Case C‑52/13 Posteshop v Autorità Garante della Concorrenza e del mercato and Presidenza del Consiglio dei Ministri
Reference for a preliminary ruling — Directive 2006/114/EC — Concepts of ‘misleading advertising’ and ‘comparative advertising’ — National legislation providing that misleading advertising and unlawful comparative advertising are two separate unlawful acts
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Eighth Chamber), 13 March 2014
ECLI:EU:C:2014:150 |
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Case C‑107/13 FIRIN v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Common system of value added tax — Deduction of input tax paid — Payments made on account — Refusal to allow the deduction — Fraud — Adjustment of the deduction in the case where the taxable transaction is not carried out — Conditions
Request for a preliminary ruling from the Administrativen sad Veliko Tarnovo
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Kokott delivered on 19 December 2013
ECLI:EU:C:2013:872 |
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Judgment of the Court (Second Chamber), 13 March 2014
ECLI:EU:C:2014:151 |
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Case C‑132/13 Zentrale zur Bekämpfung unlauteren Wettbewerbs v ILME
Reference for a preliminary ruling — Approximation of laws — Directive 2006/95/EC — Definition of ‘electrical equipment’– CE conformity marking — Housing for multipole electrical connectors
Request for a preliminary ruling from the Landgericht Köln
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber), 13 March 2014
ECLI:EU:C:2014:141 |
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Case C‑155/13 SICES and Others v Agenzia Dogane Ufficio delle Dogane di Venezia
Agriculture — Regulation (EC) No 341/2007 — Article 6(4) — Tariff quotas — Garlic of Chinese origin — Import licences — Non-transferable nature of rights deriving from certain import licences — Circumvention — Abuse of rights
Request for a preliminary ruling from the Commissione tributaria regionale di Venezia-Mestre
Language of the case: Italian
| Summary |
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Judgment of the Court (Fourth Chamber), 13 March 2014
ECLI:EU:C:2014:145 |
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Case C‑190/13 Márquez Samohano v Universitat Pompeu Fabra
Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Universities — Associate lecturers — Successive fixed-term employment contracts — Clause 5(1) — Measures to prevent the abusive use of fixed-term contracts — Concept of ‘objective reasons’ justifying such contracts — Clause 3 — Concept of ‘employment contract of indefinite duration’ — Penalties — Right to compensation — Difference in treatment between permanent workers
Request for a preliminary ruling from the Juzgado de lo Social No 3 de Barcelona
Language of the case: Spanish
| Summary |
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Judgment of the Court (Eighth Chamber), 13 March 2014
ECLI:EU:C:2014:146 |
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Case C‑204/13 Finanzamt Saarlouis v Malburg
Taxation — Value added tax — Origin and scope of the right of deduction — Dissolution of a partnership by a partner — Acquisition of a portion of the client base of that partnership — Contribution in kind to another partnership — Payment of input tax — Whether deduction possible
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber), 13 March 2014
ECLI:EU:C:2014:147 |
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Case C‑628/11 International Jet Management
Reference for a preliminary ruling — Article 18 TFEU — Prohibition of any discrimination on the ground of nationality — Commercial flights from a third State to a Member State — Legislation of a Member State providing that European Union air carriers not having an operating licence issued by that State must obtain an authorisation for each flight from a third State
Request for a preliminary ruling from the Oberlandesgericht Braunschweig
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 30 April 2013
ECLI:EU:C:2013:279 |
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Judgment of the Court (Grand Chamber), 18 March 2014
ECLI:EU:C:2014:171 |
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Case C‑167/12 D.
Reference for a preliminary ruling — Social policy — Directive 92/85/EEC − Measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding — Article 8 — Commissioning mother who has had a baby through a surrogacy arrangement — Refusal to grant her maternity leave — Directive 2006/54/EC — Equal treatment of male and female workers — Article 14 — Less favourable treatment of a commissioning mother as regards the grant of maternity leave
Request for a preliminary ruling from the Employment Tribunal Newcastle upon Tyne
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 26 September 2013
ECLI:EU:C:2013:600 |
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Judgment of the Court (Grand Chamber), 18 March 2014
ECLI:EU:C:2014:169 |
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Case C‑363/12 Z. v A Government Department and the Board of management of a community school
Reference for a preliminary ruling — Social policy — Directive 2006/54/EC — Equal treatment of male and female workers — Commissioning mother who has had a baby through a surrogacy arrangement — Refusal to grant her paid leave equivalent to maternity leave or adoptive leave — United Nations Convention on the Rights of Persons with Disabilities − Directive 2000/78/EC — Equal treatment in employment and occupation — Prohibition of any discrimination on the ground of disability — Commissioning mother unable to bear a child — Existence of a disability — Validity of Directives 2006/54 and 2000/78
Request for a preliminary ruling from the Equality Tribunal
Language of the case: English
| Summary |
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Opinion of Advocate General Wahl delivered on 26 September 2013
ECLI:EU:C:2013:604 |
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Judgment of the Court (Grand Chamber), 18 March 2014
ECLI:EU:C:2014:159 |
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Case C‑427/12 Commission v Parliament and Council
Action for annulment — Choice of legal basis — Articles 290 TFEU and 291 TFEU — Delegated act and implementing act — Regulation (EU) No 528/2012 — Article 80(1) — Biocidal products — European Chemicals Agency — Setting of fees by the Commission
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 19 December 2013
ECLI:EU:C:2013:871 |
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Judgment of the Court (Grand Chamber), 18 March 2014
ECLI:EU:C:2014:170 |
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Case C‑639/11 Commission v Poland
Failure of a Member State to fulfil obligations — Registration of motor vehicles — Articles 34 TFEU and 36 TFEU — Directive 70/311/EEC — Directive 2007/46/EC — Driving on the right in a Member State — Obligation, for the purpose of registration, to reposition to the left-hand side the steering equipment of passenger vehicles positioned on the right-hand side
Language of the case: Polish
| Summary |
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Opinion of Advocate General Jääskinen delivered on 7 November 2013
ECLI:EU:C:2013:728 |
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Judgment of the Court (Fifth Chamber), 20 March 2014
ECLI:EU:C:2014:173 |
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Case C‑61/12 Commission v Lithuania
Failure of a Member State to fulfil obligations — Registration of motor vehicles — Articles 34 TFEU and 36 TFEU — Directive 70/311/EEC — Directive 2007/46/EC — Driving on the right in a Member State — Obligation, for the purpose of registration, to reposition to the left-hand side the steering equipment of passenger vehicles positioned on the right-hand side
Language of the case: Lithuanian
| Summary |
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Judgment of the Court (Fifth Chamber), 20 March 2014
ECLI:EU:C:2014:172 |
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Case C‑139/12 Caixa d'Estalvis i Pensions de Barcelona v Generalidad de Cataluña
Reference for a preliminary ruling — Sixth VAT Directive — Exemptions — Transactions concerning the sale of shares and involving the transfer of interests in immoveable property — Imposition of an indirect tax distinct from VAT — Articles 49 TFEU and 63 TFEU — Purely internal situation
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Judgment of the Court (Tenth Chamber), 20 March 2014
ECLI:EU:C:2014:174 |
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Case C‑314/12 UPC Telekabel Wien v Constantin Film Verleih and Wega Filmproduktionsgesellschaft
Reference for a preliminary ruling — Approximation of laws — Copyright and related rights — Information society — Directive 2001/29/EC — Website making cinematographic works available to the public without the consent of the holders of a right related to copyright — Article 8(3) — Concept of ‘intermediaries whose services are used by a third party to infringe a copyright or related right’ — Internet service provider — Order addressed to an internet service provider prohibiting it from giving its customers access to a website — Balancing of fundamental rights
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 26 November 2013
ECLI:EU:C:2013:781 |
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Judgment of the Court (Fourth Chamber), 27 March 2014
ECLI:EU:C:2014:192 |
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Case C‑530/12 P OHIM v National Lottery Commission
Appeals — Community trade mark — Regulation (EC) No 40/94 — Article 52(2)(c) — Application for a declaration of invalidity based on an earlier copyright under national law — Application by OHIM of national law — Role of the European Union judicature
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 28 November 2013
ECLI:EU:C:2013:782 |
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Judgment of the Court (First Chamber), 27 March 2014
ECLI:EU:C:2014:186 |
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Case C‑565/12 LCL Le Crédit Lyonnais v Kalhan
Consumer protection — Credit agreements for consumers — Directive 2008/48/EC — Articles 8 and 23 — Creditor’s obligation to assess the borrower’s creditworthiness prior to conclusion of the agreement — National provision imposing the obligation to consult a database — Forfeiture of entitlement to contractual interest in the event of failure to comply with that obligation — Effective, proportionate and dissuasive nature of the penalty
Request for a preliminary ruling from the tribunal d’instance d’Orléans
Language of the case: French
| Summary |
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Judgment of the Court (Fourth Chamber), 27 March 2014
ECLI:EU:C:2014:190 |
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Case C‑612/12 P Ballast Nedam v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Netherlands market in road pavement bitumen — Setting of the gross price for road pavement bitumen — Setting of a rebate for road builders — Regulation (EC) No 1/2003 — Article 27 — Rights of the defence — Reduction of the fine
Language of the case: Dutch
| Summary |
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Judgment of the Court (Fifth Chamber), 27 March 2014
ECLI:EU:C:2014:193 |
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Case C‑17/13 Alpina River Cruises and Nicko Tours v Ministero delle infrastrutture e dei trasporti — Capitaneria di Porto di Chioggia
Maritime transport — Regulation (EEC) No 3577/92 — Concept of ‘maritime cabotage’ — Cruise services — Cruise crossing the Venetian lagoon, Italian territorial sea and the river Po — Departure from and arrival at the same port
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 19 December 2013
ECLI:EU:C:2013:869 |
|
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Judgment of the Court (Third Chamber), 27 March 2014
ECLI:EU:C:2014:191 |
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Case C‑151/13 Le Rayon d'Or v Ministre de l'Économie et des Finances
Reference for a preliminary ruling — Taxation — VAT — Scope — Determination of the taxable amount — Concept of ‘subsidy directly linked to the price’ — Payment of a lump sum by the national sickness insurance fund to residential care homes for the elderly
Request for a preliminary ruling from the cour administrative d’appel de Versailles
Language of the case: French
| Summary |
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Judgment of the Court (Sixth Chamber), 27 March 2014
ECLI:EU:C:2014:185 |
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Case C‑265/13 Torralbo Marcos v Korota and Fondo de Garantía Salarial
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Article 47 — Right to an effective remedy — Judicial fees and deposits required for lodging appeals in employment law cases — Failure to implement EU law — Scope of EU law — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Juzgado de lo Social No 2 de Terrassa
Language of the case: Spanish
| Summary |
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Judgment of the Court (Second Chamber), 27 March 2014
ECLI:EU:C:2014:187 |
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Case C‑322/13 Grauel Rüffer
Citizenship of the Union — Principle of non-discrimination — Language rules applicable to civil proceedings
Request for a preliminary ruling from the Landesgericht Bozen
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber), 27 March 2014
ECLI:EU:C:2014:189 |
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Information (on unpublished decisions)
Case C‑248/12 P Northern Ireland Department of Agriculture and Rural Development v Commission
Appeal — EAGGF, EAGF and EAFRD — Expenditure excluded from European Union financing — Admissibility of the action for annulment — Situation of the appellant not directly affected by the contested decision
Joined Cases C‑337/12 P to C‑340/12 P Pi-Design and Others and OHIM v Yoshida Metal Industry
Appeals — Community trade mark — Registration of signs consisting of a surface with black dots — Declaration of invalidity — Regulation (EC) No 40/94 — Article 7(1)(e)(ii) — Distortion of the evidence
Case C‑510/12 Bloomsbury v Belgische Staat
Article 99 of the Rules of Procedure — Fourth Directive 78/660/EEC — Article 2(3) — Principle of a true and fair view –Article 2(4) — Obligation to inform — Article 2(5) — Obligation to depart from the principle of a true and fair view — Article 32 — Valuation method based on historical cost — Acquisition by a company of an asset free of charge
Case C‑550/13 Grimal
Reference for a preliminary ruling — Principle of non-discrimination on grounds of nationality — Driving licences — Citizen of the European Union — Two driving licences issued to the same person by two different Member States — Suspension of a licence — Criminal proceedings — Factual and legislative context of the dispute in the main proceedings — Insufficient information — Grounds justifying the need for an answer to the question referred for a preliminary ruling — Insufficient information — Manifest inadmissibility
Case C‑72/13 Gmina Wrocław v Minister Finansów
VAT — Directive 2006/112/EC — Disposal by a municipality of parts of its assets
Case C‑271/13 P Rousse Industry v Commission
Appeal — State aid — Aid granted by the Republic of Bulgaria in the form of debt write-off — Commission decision declaring that aid incompatible with the internal market and ordering its recovery — Concept of ‘new aid’ — Duty to state reasons
Case C‑142/13 Bright Service v Repsol Comercial de Produtos Petrolíferos
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Agreements, decisions and concerted practices — Article 81 EC — Exclusive purchasing agreement — Exemption — Regulation (EEC) No 1984/83 — Agreement to which the exemption applies — Regulation (EC) No 2790/1999 — Agreement to which the exemption does not apply — Temporal effects of the exemption
Case C‑199/13 P Polyelectrolyte Producers Group and Others v Commission
Appeal — Article 181 of the Rules of Procedure — Regulation (EC) No 1907/2006 (REACH regulation) — Restrictions on the placing on the market and use of acrylamide — Regulation (EU) No 366/2011 amending Annex XVII of Regulation (EC) No 1907/2006
Case C‑300/13 Ayuntamiento de Benferri v Consejería de Infraestructuras y Transporte de la Generalitat Valenciana and Iberdrola Distribución Eléctrica
Reference for a preliminary ruling — Directive 85/337/EEC — Assessment of the effects of certain projects on the environment — Construction of certain overhead electrical power lines — Extension of an electrical substation — Project not made subject to an environmental assessment
Case C‑520/13 Leśniak-Jaworska and Głuchowska-Szmulewicz v Prokuratura Okręgowa w Płocku
Article 53(2) of the Rules of Procedure of the Court — Lack of sufficient information regarding the factual and legislative context of the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling — Manifest inadmissibility
April 2014
Case C‑80/12 Felixstowe Dock and Railway Company and Others v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling — Freedom of establishment — Corporation tax — Tax relief — Groups of companies and consortia — National legislation permitting losses to be transferred between a company belonging to a consortium and a company that is a member of a group which are connected by a ‘link company’ that is a member of both the group and the consortium — Residence condition for the ‘link company’ — Discrimination on the basis of where the corporate seat is located — Ultimate group parent company established in a third State and owning the companies which are seeking to transfer losses through companies established in third States
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
| Summary |
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Opinion of Advocate General Jääskinen delivered on 24 October 2013
ECLI:EU:C:2013:699 |
|
|
Judgment of the Court (Grand Chamber), 1 April 2014
ECLI:EU:C:2014:200 |
|
Case C‑224/12 P Commission v Netherlands and ING Groep
Appeal — Financial sector — Serious disturbance in the economy of a Member State — State Aid to a banking group — Form — Capital injection as part of a restructuring plan — Decision — Whether the aid is compatible with the common market — Conditions — Amendment to the repayment terms of the aid — Private investor test
Language of the case: Dutch and English
| Summary |
|
|
Opinion of Advocate General Sharpston delivered on 19 December 2013
ECLI:EU:C:2013:870 |
|
|
Judgment of the Court (Second Chamber), 3 April 2014
ECLI:EU:C:2014:213 |
|
Case C‑301/12 Cascina Tre Pini v Ministero dell'Ambiente e della Tutela del Territorio e del Mare and Others
Reference for a preliminary ruling — Environment — Conservation of natural habitats and of wild fauna and flora — Directive 92/43/EEC — Sites of Community importance — Review of status in the event of pollution or degradation of the environment — National legislation not providing for persons concerned to request such a review — Attribution to the competent national authorities of a discretionary power to undertake of their own motion a review procedure of that status
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
|
|
Opinion of Advocate General Kokott delivered on 20 June 2013
ECLI:EU:C:2013:420 |
|
|
Judgment of the Court (Second Chamber), 3 April 2014
ECLI:EU:C:2014:214 |
|
Case C‑387/12 Hi Hotel HCF v Spoering
Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — International jurisdiction in matters relating to tort, delict or quasi-delict — Act committed in one Member State consisting in participation in an act of tort or delict committed in another Member State — Determination of the place where the harmful event occurred
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
|
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Judgment of the Court (Fourth Chamber), 3 April 2014
ECLI:EU:C:2014:215 |
|
Case C‑438/12 Weber, I. v Weber, M.
Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 22(1) — Exclusive jurisdiction — Disputes in proceedings which have as their object rights in rem in immovable property — Nature of the right of pre-emption — Article 27(1) — Lis pendens — Concept of proceedings involving the same cause of action and between the same parties — Relationship between Articles 22(1) and 27(1) — Article 28(1) — Related actions — Criteria for assessing whether to stay proceedings
Request for a preliminary ruling from the Oberlandesgericht München
Language of the case: German
| Summary |
|
|
Opinion of Advocate General Jääskinen delivered on 30 January 2014
ECLI:EU:C:2014:43 |
|
|
Judgment of the Court (Third Chamber), 3 April 2014
ECLI:EU:C:2014:212 |
|
Case C‑515/12 ‘4finance’ v Valstybinė vartotojų teisių apsaugos tarnyba and Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Directive 2005/29/EC — Unfair commercial practices — Pyramid promotional scheme — Whether the consideration paid by consumers in order to receive compensation is relevant — Interpretation of the concept of ‘consideration’
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
|
|
Opinion of Advocate General Sharpston delivered on 19 December 2013
ECLI:EU:C:2013:868 |
|
|
Judgment of the Court (Second Chamber), 3 April 2014
ECLI:EU:C:2014:211 |
|
Joined Cases C‑516/12 to C‑518/12 CTP v Regione Campania and Provincia di Napoli
References for a preliminary ruling — Regulation (EC) No 1191/69 — Public passenger transport services — Article 4 — Application for termination of public service obligation — Article 6 — Right to compensation in respect of the financial burdens resulting from the performance of a public service obligation
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
|
|
Opinion of Advocate General Cruz Villalón delivered on 6 February 2014
ECLI:EU:C:2014:63 |
|
|
Judgment of the Court (Fifth Chamber), 3 April 2014
ECLI:EU:C:2014:220 |
|
Case C‑559/12 P France v Commission
Appeal — State aid — Aid in the form of an implied, unlimited guarantee in favour of La Poste as a result of its status as a publicly owned establishment — Existence of the guarantee — Presence of State resources — Advantage — Burden and standard of proof
Language of the case: French
| Summary |
|
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Opinion of Advocate General Jääskinen delivered on 21 November 2013
ECLI:EU:C:2013:766 |
|
|
Judgment of the Court (First Chamber), 3 April 2014
ECLI:EU:C:2014:217 |
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Joined Cases C‑43/13 and C‑44/13 Hauptzollamt Köln v Kronos Titan and Hauptzollamt Krefeld v Rhein-Ruhr Beschichtungs-Service
Directive 2003/96/EC — Taxation of energy products — Products not listed in Directive 2003/96/EC — Meaning of ‘equivalent heating fuel or motor fuel’
Requests for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 12 December 2013
ECLI:EU:C:2013:839 |
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Judgment of the Court (Fourth Chamber), 3 April 2014
ECLI:EU:C:2014:216 |
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Case C‑153/13 Pohotovosť v Soroka
Reference for a preliminary ruling — Directive 93/13/EEC — Scope ratione temporis — Facts preceding the accession of the Slovak Republic to the European Union — Clear lack of jurisdiction of the Court
Request for a preliminary ruling from the Okresný súd Bardejov
Language of the case: Slovak
| Summary |
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Order of the Court (Eighth Chamber), 3 April 2014
ECLI:EU:C:2014:1854 |
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Case C‑319/13 Rätzke v S+K Handels
Reference for a preliminary ruling — Energy — Energy labelling of televisions — Delegated Regulation (EU) No 1062/2010 — Responsibilities of dealers — Television supplied to the dealer without the label before the regulation became applicable — Dealer’s obligation to label that television from the date on which the regulation became applicable and to obtain a label subsequently
Request for a preliminary ruling from the Thüringer Oberlandesgericht
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber), 3 April 2014
ECLI:EU:C:2014:210 |
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Case C‑342/13 Sebestyén v Kővári and Others
Consumer protection — Directive 93/13/EEC — Contract for a mortgage loan concluded with a bank — Clause providing for the exclusive competence of a single arbitration tribunal — Information on the arbitration procedure provided by the bank at the conclusion of the contract — Unfair terms — Criteria for assessment
Request for a preliminary ruling from the Szombathelyi Törvényszék
Language of the case: Hungarian
| Summary |
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Order of the Court (First Chamber), 3 April 2014
ECLI:EU:C:2014:1857 |
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Case C‑288/12 Commission v Hungary
Failure of a Member State to fulfil obligations — Directive 95/46/EC — Protection of individuals with regard to the processing of personal data and the free movement of such data — Article 28(1) — National supervisory authorities — Independence — National legislation prematurely bringing to an end the term served by the supervisory authority — Creation of a new supervisory authority and appointment of another person as head of that authority
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Wathelet delivered on 10 December 2013
ECLI:EU:C:2013:816 |
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Judgment of the Court (Grand Chamber), 8 April 2014
ECLI:EU:C:2014:237 |
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Joined Cases C‑293/12 and C‑594/12 Digital Rights Ireland and Others v Minister for Communications, Marine and Natural Resources and Others and Kärntner Landesregierung and Others
Electronic communications — Directive 2006/24/EC — Publicly available electronic communications services or public communications networks services — Retention of data generated or processed in connection with the provision of such services — Validity — Articles 7, 8 and 11 of the Charter of Fundamental Rights of the European Union
Requests for a preliminary ruling from the High Court (Ireland) and the Verfassungsgerichtshof
Languages of the case: English and German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 12 December 2013
ECLI:EU:C:2013:845 |
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Judgment of the Court (Grand Chamber), 8 April 2014
ECLI:EU:C:2014:238 |
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Case C‑78/14 P-R Commission v ANKO
Application for interim measures — Appeals — Application for suspension of operation of a measure — Seventh framework programme for research, technological development and demonstration actions (2007-2013) — Contracts relating to the Oasis and Perform projects — Suspension of payments — Irregularities established in the course of audits of other projects — Orders for payment against the European Commission — Manifest insolvency of the recipient — Prima facie case — Serious and irreparable damage — Urgency — Balancing of interests
Language of the case: Greek
| Summary |
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Order of the Vice-President of the Court, 8 April 2014
ECLI:EU:C:2014:239 |
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Case C‑616/11 T-Mobile Austria v Verein für Konsumenteninformation
Directive 2007/64/EC — Payment services — Article 4.23 — Concept of payment instrument — Ordering transfers through online banking and by paper transfer order — Article 52(3) — Right of the payee to request from the payer charges for the use of a payment instrument — Power of Member States to lay down a general prohibition — Contract between a mobile phone operator and individuals
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 24 October 2013
ECLI:EU:C:2013:691 |
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Judgment of the Court (Fifth Chamber), 9 April 2014
ECLI:EU:C:2014:242 |
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Case C‑583/12 Sintax Trading v Maksu- ja Tolliamet
Reference for a preliminary ruling — Regulation (EC) No 1383/2003 — Measures to prevent counterfeit or pirated goods being placed on the market — Article 13(1) — Powers of the customs authorities to establish the infringement of an intellectual property right
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 28 January 2014
ECLI:EU:C:2014:38 |
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Judgment of the Court (Second Chamber), 9 April 2014
ECLI:EU:C:2014:244 |
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Case C‑74/13 GSV v Nemzeti Adó- és Vámhivatal Észak-alföldi Regionális Vám- és Pénzügyőri Főigazgatósága
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — TARIC Codes 7019 59 00 10 and 7019 59 00 90 — Regulations imposing anti-dumping duties on imports of certain open mesh fabrics of glass fibres originating in China — Discrepancies between language versions — Obligation to pay the anti-dumping duty
Request for a preliminary ruling from the Debreceni Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Second Chamber), 9 April 2014
ECLI:EU:C:2014:243 |
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Case C‑225/13 Ville d'Ottignies-Louvain-la-Neuve and Others v Région wallonne
Reference for a preliminary ruling — Environment — Waste — Directive 75/442/EEC — Article 7(1) — Management plan — Suitable sites or installations for the disposal of waste — Concept of waste management plan — Directive 1999/31/EC — Articles 8 and 14 — Landfills which have been granted a permit, or which are already in operation at the time of transposition of that directive
Request for a preliminary ruling from the Conseil d’État (Belgium)
Language of the case: French
| Summary |
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Judgment of the Court (Second Chamber), 9 April 2014
ECLI:EU:C:2014:245 |
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Joined Cases C‑231/11 P to C‑233/11 P Commission v Siemens Österreich and Others and Siemens Transmission & Distribution and Others v Commission
Appeals — Competition ‒ Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Joint and several liability for payment of the fine — Concept of an ‘undertaking’ — Principle of personal liability and the principle that the penalty must be specific to the offender and the offence — Unlimited jurisdiction of the General Court — The ultra petita rule — Principles of proportionality and equal treatment
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 19 September 2013
ECLI:EU:C:2013:578 |
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Judgment of the Court (Fourth Chamber), 10 April 2014
ECLI:EU:C:2014:256 |
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Joined Cases C-247/11 P and C-253/11 P Areva and Others v Commission
Appeals — Competition ‒ Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Attributability of unlawful conduct of subsidiaries to their parent companies — Obligation to state reasons — Joint and several liability for payment of a fine — Concept of an ‘undertaking’ — ‘De facto’ joint and several liability — Principle of legal certainty and the principle that penalties must be specific to the offender and the offence ‒ Principles of proportionality and equal treatment
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 19 September 2013
ECLI:EU:C:2013:579 |
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Judgment of the Court (Fourth Chamber) of 10 April 2014
ECLI:EU:C:2014:257 |
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Case C‑190/12 Emerging Markets Series of DFA Investment Trust Company v Dyrektor Izby Skarbowej w Bydgoszczy
Reference for a preliminary ruling — Freedom of establishment — Free movement of capital — Articles 63 TFEU and 65 TFEU –– Tax on income of legal persons — Difference of treatment between dividends paid to resident and non-resident investment funds — Exclusion of tax exemption — Restriction not justified
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Bydgoszczy
Language of the case: Polish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 6 November 2013
ECLI:EU:C:2013:710 |
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Judgment of the Court (First Chamber), 10 April 2014
ECLI:EU:C:2014:249 |
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Case C‑435/12 ACI Adam and Others v Stichting de Thuiskopie and Stichting Onderhandelingen Thuiskopie vergoeding
Reference for a preliminary ruling — Intellectual property — Copyright and related rights — Harmonisation of certain aspects of copyright and related rights in the information society — Directive 2001/29/EC — Article 5(2)(b) and (5) — Reproduction right — Exceptions and limitations — Reproduction for private use — Lawful nature of the origin of the copy — Directive 2004/48/EC — Scope
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 9 January 2014
ECLI:EU:C:2014:1 |
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Judgment of the Court (Fourth Chamber), 10 April 2014
ECLI:EU:C:2014:254 |
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Case C‑485/12 Maatschap T. van Oosterom en A. van Oosterom-Boelhouwer v Staatssecretaris van Economische Zaken, Landbouw en Innovatie
Agriculture — Common agricultural policy — Direct support schemes — Regulation (EC) No 73/2009 — Integrated administration and control system for certain aid schemes — Identification system for agricultural parcels — Eligibility conditions for aid — Administrative controls — On-the-spot checks — Regulation (EC) No 796/2004 — Determination of the areas eligible for aid — Remote sensing — Physical inspection of agricultural parcels
Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
| Summary |
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Judgment of the Court (First Chamber), 10 April 2014
ECLI:EU:C:2014:250 |
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Case C‑609/12 Ehrmann v Zentrale zur Bekämpfung unlauteren Wettbewerbs
Reference for a preliminary ruling — Consumer information and protection — Regulation (EC) No 1924/2006 — Nutrition and health claims made on foods — Labelling and presentation of those foods — Article 10(2) — Temporal application — Article 28(5) and (6) — Transitional measures
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 14 November 2013
ECLI:EU:C:2013:746 |
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Judgment of the Court (Fourth Chamber), 10 April 2014
ECLI:EU:C:2014:252 |
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Case C‑269/13 P Acino v Commission
Appeal — Medicinal products for human use — Suspension of the marketing and the withdrawal of certain consignments of medicinal products containing the active ingredient Clopidogrel — Variation of marketing authorisations — Prohibition on marketing — Regulation (EC) No 726/2004 and Directive 2001/83/EC — Precautionary principle — Proportionality — Obligation to state reasons
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber), 10 April 2014
ECLI:EU:C:2014:255 |
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Case C‑238/12 P FLSmidth v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Unlimited jurisdiction of the General Court — Duty to state reasons — Attribution to the parent company of the infringement committed by the subsidiary — Liability of the parent company for payment of the fine imposed on the subsidiary — Proportionality — Proceedings before the General Court — Adjudication within a reasonable time
Language of the case: English
| Summary |
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Judgment of the Court (First Chamber), 30 April 2014
ECLI:EU:C:2014:284 |
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Case C‑390/12 Robert Pfleger and Others
Article 56 TFEU — Freedom to provide services — Charter of Fundamental Rights of the European Union — Articles 15 to 17, 47 and 50 — Freedom to choose an occupation, right to engage in work, freedom to conduct a business, right to property, right to an effective remedy and access to an impartial tribunal, ne bis in idem principle — Article 51 — Scope — Implementation of EU law — Games of chance — Restrictive legislation of a Member State — Administrative and criminal penalties — Overriding reasons in the public interest — Proportionality
Request for a preliminary ruling from the Unabhängiger Verwaltungssenat des Landes Oberösterreich (now Landesverwaltungsgericht Oberösterreich)
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 14 November 2013
ECLI:EU:C:2013:747 |
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Judgment of the Court (Third Chamber), 30 April 2014
ECLI:EU:C:2014:281 |
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Case C‑475/12 UPC DTH v Nemzeti Média- és Hírközlési Hatóság Elnökhelyettese
Telecommunications sector — Electronic communications networks and services — Freedom to provide services — Article 56 TFEU — Directive 2002/21/EC — Cross-border provision of a package of radio and television programmes — Conditional access — Competence of the national regulatory authorities — Registration — Requirement of establishment
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Kokott delivered on 30 January 2014
ECLI:EU:C:2014:44 |
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Judgment of the Court (Second Chamber), 30 April 2014
ECLI:EU:C:2014:285 |
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Case C‑26/13 Kásler and Káslerné Rábai v OTP Jelzálogbank
Directive 93/13/EEC — Unfair terms in a contract concluded between a seller or supplier and a consumer — Articles 4(2) and 6(1) — Assessment of the unfairness of the contractual terms — Exclusion of terms relating to the main subject matter of the contract or the adequacy of the price and the remuneration provided they are drafted in plain intelligible language — Consumer credit contracts denominated in foreign currency — Terms relating to the exchange rate — Difference between the buying rate of exchange applicable to the advance of the loan and the selling rate of exchange applicable to its repayment — Powers of the national court when dealing with a term considered to be unfair — Substitution of the unfair term by a supplementary provision of national law — Whether lawful
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Wahl delivered on 12 February 2014
ECLI:EU:C:2014:85 |
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Judgment of the Court (Fourth Chamber), 30 April 2014
ECLI:EU:C:2014:282 |
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Case C‑209/13 United Kingdom v Council
Common system of financial transaction tax — Authorisation of enhanced cooperation under Article 329(1) TFEU — Decision 2013/52/EU — Action for annulment in respect of infringement of Articles 327 TFEU and 332 TFEU and of customary international law
Language of the case: English
| Summary |
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Judgment of the Court (Second Chamber), 30 April 2014
ECLI:EU:C:2014:283 |
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Case C‑250/13 Wagener v Bundesagentur für Arbeit – Familienkasse Villingen-Schwenningen
Reference for a preliminary ruling — Social security — Agreement between the European Community and the Swiss Confederation — Regulation (EEC) No 574/72 — Article 107(1) and (6) — Regulation (EC) No 987/2009 — Article 90 — Migrant workers — Currency conversion — Account taken of family benefits received in Switzerland at the time of the calculation, by a Member State, of dependent child allowance — Differential supplement — Date to be taken into account for the purposes of the conversion into euros of Swiss family benefits
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber), 30 April 2014
ECLI:EU:C:2014:278 |
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Case C‑267/13 Nutricia v Staatssecretaris van Financiën
Combined Nomenclature — Tariff headings — Medicaments within the meaning of heading 3004 — Meaning — Nutritional preparations intended to be administered enterally under medical supervision to persons undergoing medical treatment — Beverages within the meaning of heading 2202 — Meaning — Nutritional liquids intended to be administered enterally and not to be drunk
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Sixth Chamber), 30 April 2014
ECLI:EU:C:2014:277 |
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Case C‑280/13 Barclays Bank v Sánchez García and Chacón Barrera
Request for a preliminary ruling — Directive 93/13/EEC — Thirteenth recital in the preamble — Article 1(2) — Consumer contracts — Mortgage loan agreement — Mortgage enforcement proceedings — National statutory and regulatory provisions — Contractual balance
Request for a preliminary ruling from the Juzgado de Primera Instancia No 4 de Palma de Mallorca
Language of the case: Spanish
| Summary |
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Judgment of the Court (Sixth Chamber), 30 April 2014
ECLI:EU:C:2014:279 |
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Case C‑365/13 Ordre des architectes v État belge
Reference for a preliminary ruling — Directive 2005/36/EC — Articles 21 and 49 — Recognition of professional qualifications — Access to the profession of architect — Exemption from professional traineeship
Request for a preliminary ruling from the Conseil d’État (Belgium)
Language of the case: French
| Summary |
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Judgment of the Court (Ninth Chamber), 30 April 2014
ECLI:EU:C:2014:280 |
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Information (on unpublished decisions)
Case C‑428/12 Commission v Spain
Failure of a Member State to fulfil obligations — Articles 34 TFEU and 36 TFEU — Measures of equivalent effect to quantitative restrictions on imports — Complementary private goods transport — The first vehicle of the fleet of a company — Rules for obtaining the road transport authorisation — Road safety and environmental protection
Case C‑60/13 Commission v United Kingdom
Failure of a Member State to fulfil obligations — European Union’s own resources — Decision 2000/597/EC, Euratom — Article 8 — Regulation (EC, Euratom) No 1150/2000 — Articles 2, 6, 9, 10 and 11 — Refusal to make own resources available to the European Union — Erroneous Binding Tariff Information documents — Imports of fresh garlic as frozen garlic — Imputability of the error to the national customs authorities — Financial liability of the Member States
Case C‑281/13 P Inglewood and Others v Parliament
Appeal — Additional pension scheme for Members of the European Parliament — Amendment to the additional pension scheme in 2009 — Decisions rejecting the appellants’ applications to benefit from the provisions in force before amendment of the scheme — Errors of law — Legal certainty — Legitimate expectations — Equal treatment — Principle of proportionality
Case C‑27/13 Flughafen Lübeck
Article 99 of the Rules of Procedure — State aid — Articles 107 TFEU and 108 TFEU — Advantages granted by a public undertaking operating an airport to a low-cost airline — Decision to open the formal investigation procedure — Obligation of the courts of the Member States to follow the Commission’s assessment in that decision as regards the existence of aid
Case C‑511/12 Macedo Maia and Others
Article 99 of the Rules of Procedure of the Court of Justice — Request for a preliminary ruling — Directive 80/987/EEC — Directive 2002/74/EC — Protection of employees in the event of the insolvency of their employer — Guarantee institutions — Limitation on the payment obligation of the guarantee institution — Salary claims falling due more than six months before the commencement of legal proceedings seeking a declaration of the employer’s insolvency
Case C‑85/13 Commission v Italy
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Treatment of urban waste water — Articles 3 to 5 and 10 — Annex I(A) and (B)
Case C‑115/13 Commission v Hungary
Failure of a Member State to fulfil obligations — Duties on alcohol and alcoholic beverages — Directive 92/83/EEC — Setting rates of excise duty — Customised production of ethyl alcohol in a distillery subject to a rate of excise duty equal to 0 — Exemption from excise duty for the production of ethyl alcohol by private individuals
Case C‑374/13 P Metropolis Inmobiliarias y Restauraciones v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Application for registration of the word mark METROINVEST — Opposition by the proprietor of the national figurative mark and applicant for the Community figurative mark comprising the word element ‘METRO’, in the colours blue and yellow — Refusal of registration
Case C‑412/13 P Langguth Erben v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Articles 34(1), 75 and 77(1) — Earlier national and international figurative marks MEDINET — Claiming seniority — Refusal
Case C‑89/13 D’Aniello and Others
Article 99 of the Rules of Procedure of the Court — Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Principle of non-discrimination — National legislation providing for a compensation scheme in cases of the unlawful setting of an expiry date for an employment contract different from that in cases where an employment contract of unlimited duration is unlawfully terminated — Economic consequences — Comparability of the claims
Case C‑600/13 Intelcom Service
Request for a preliminary ruling — Articles 34 TFEU, 35 TFEU, 37 TFEU, 56 TFEU and 60 TFEU — Directive 2006/123/EC — National legislation granting notaries the exclusive right to draft and authenticate deeds relating to the sale of immovable property — Manifest inadmissibility
Case C‑11/14 P Associazione sportiva Taranto calcio v Italy
Appeal — Challenge to the penalties imposed by the Italian Football Association — Lack of jurisdiction of the General Court of the European Union
May 2014
Case C‑43/12 Commission v Parliament and Council
Action for annulment — Directive 2011/82/EU — Cross-border exchange of information on road safety related traffic offences — Choice of legal basis — Article 87(2)(a) TFEU — Article 91 TFEU — Maintenance of the effects of the directive in case of annulment
Language of the case: French
| Summary |
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Opinion of Advocate General Bot delivered on 10 September 2013
ECLI:EU:C:2013:534 |
|
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Judgment of the Court (Grand Chamber), 6 May 2014
ECLI:EU:C:2014:298 |
|
Case C‑181/14 G
Expedited procedure
Reference for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Order of the President of the Court, 6 May 2014
ECLI:EU:C:2014:740 |
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Case C‑347/12 Caisse nationale des prestations familiales v Wiering
Reference for a preliminary ruling — Social security — Regulation (EEC) No 1408/71 — Regulation (EEC) No 574/72 — Family benefits — Family allowances — Allowance for bringing up a family — ‘Elterngeld’ — ‘Kindergeld’ — Calculation of the supplementary allowance
Request for a preliminary ruling from the Cour de cassation (Luxembourg)
Language of the case: French
| Summary |
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Opinion of Advocate General Wathelet delivered on 18 July 2013
ECLI:EU:C:2013:504 |
|
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Judgment of the Court (Fifth Chamber), 8 May 2014
ECLI:EU:C:2014:300 |
|
Case C‑483/12 Pelckmans Turnhout v Walter Van Gastel Balen and Others
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Principles of equality and non-discrimination — Implementation of EU law — Scope of application of EU law — None — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
| Summary |
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Judgment of the Court (First Chamber), 8 May 2014
ECLI:EU:C:2014:304 |
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Case C‑591/12 P Bimbo v OHIM
Appeal — Community trade mark — Opposition proceedings — Application for registration of the word mark BIMBO DOUGHNUTS — Earlier Spanish word mark DOGHNUTS — Relative grounds for refusal — Regulation (EC) No 40/94 — Article 8(1)(b) — Global assessment of the likelihood of confusion — Independent distinctive role of one element of a composite word mark
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 23 January 2014
ECLI:EU:C:2014:34 |
|
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Judgment of the Court (Second Chamber), 8 May 2014
ECLI:EU:C:2014:305 |
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Case C‑604/12 N. v Minister for Justice, Equality and Law Reform
Directive 2004/83/EC — Minimum standards for granting refugee status or subsidiary protection status — Directive 2005/85/EC — Minimum standards on procedures in Member States for granting or withdrawing refugee status — National procedural rule under which an application for subsidiary protection may be considered only after an application for refugee status has been refused — Lawfulness — Procedural autonomy of the Member States — Principle of effectiveness — Right to good administration — Charter of Fundamental Rights of the European Union — Article 41 — Impartiality and expeditiousness of the procedure
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 7 November 2013
ECLI:EU:C:2013:714 |
|
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Judgment of the Court (Fourth Chamber), 8 May 2014
ECLI:EU:C:2014:302 |
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Case C‑15/13 Technische Universität Hamburg-Harburg and Hochschul-Informations-System GmbH v Datenlotsen Informationssysteme
Public supply contracts — Directive 2004/18/EC — Award of a contract without initiating a tendering procedure — In-house award — Contractor legally separate from the contracting authority — Condition of ‘similar control’ — Contracting authority and contractor not linked by a relationship of control — Third party public authority exercising partial control over the contracting authority and control over the contractor which could be qualified as ‘similar’ — ‘Horizontal in-house transaction’
Request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 23 January 2014
ECLI:EU:C:2014:23 |
|
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Judgment of the Court (Fifth Chamber), 8 May 2014
ECLI:EU:C:2014:303 |
|
Case C‑35/13 Assica — Associazione Industriali delle Carni e dei Salumi and Kraft Foods Italia SpA v Associazioni fra produttori per la tutela del ‘Salame Felino’ and Others
Agriculture — Agricultural products and foodstuffs — Regulation (EEC) No 2081/92 — Article 2 — Protection of geographical indications and designations of origin — Material scope — Protection on national territory — Absence of Community registration — Consequences — Protection of designations relating to products for which there is no specific link between their characteristics and their geographical origin — Conditions
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Judgment of the Court (Ninth Chamber), 8 May 2014
ECLI:EU:C:2014:306 |
|
Case C‑161/13 Idrodinamica Spurgo Velox and Others v Acquedotto Pugliese
Public procurement — Water sector — Directive 92/13/EEC — Effective and rapid review procedures — Time-limits for bringing an action — Date from which time begins to run
Request for a preliminary ruling from the Tribunale amministrativo regionale per la Puglia
Language of the case: Italian
| Summary |
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Judgment of the Court (Fifth Chamber), 8 May 2014
ECLI:EU:C:2014:307 |
|
Case C‑329/13 Ferdinand Stefan v Bundesministerium für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft
Article 99 of the Rules of Procedure — Directive 2003/4/EC — Validity — Public access to environmental information — Exception to the obligation to disclose environmental information where the disclosure compromises the ability of any person to receive a fair trial — Optional nature of that exception for Member States — Article 6 TEU — Second paragraph of Article 47 of the Charter
Request for a preliminary ruling from the Unabhängiger Verwaltungssenat Wien
Language of the case: German
| Summary |
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Order of the Court (Ninth Chamber), 8 May 2014
ECLI:EU:C:2014:815 |
|
Case C‑184/11 Commission v Spain
Failure of a Member State to fulfil obligations — Judgment of the Court finding a failure to fulfil obligations — Non-implementation — Article 260 TFEU — State aid — Recovery — Unlawful aid scheme incompatible with the internal market — Individual aid granted under that scheme — Pecuniary penalty
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Sharpston delivered on 23 January 2014
ECLI:EU:C:2014:33 |
|
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Judgment of the Court (Grand Chamber), 13 May 2014
ECLI:EU:C:2014:316 |
|
Case C‑131/12 Google Spain and Google v AEPD and Costeja González
Personal data — Protection of individuals with regard to the processing of such data — Directive 95/46/EC — Articles 2, 4, 12 and 14 — Material and territorial scope — Internet search engines — Processing of data contained on websites — Searching for, indexing and storage of such data — Responsibility of the operator of the search engine — Establishment on the territory of a Member State — Extent of that operator’s obligations and of the data subject’s rights — Charter of Fundamental Rights of the European Union — Articles 7 and 8
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Jääskinen delivered on 25 June 2013
ECLI:EU:C:2013:424 |
|
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Judgment of the Court (Grand Chamber), 13 May 2014
ECLI:EU:C:2014:317 |
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Case C‑359/12 Timmel v Aviso Zeta
Reference for a preliminary ruling — Consumer protection — Directive 2003/71/EC — Article 14(2)(b) — Regulation (EC) No 809/2004 — Articles 22(2) and 29(1) — Base prospectus — Supplements to the prospectus — Final terms — Time and method of publication of required information — Conditions for publication in electronic form
Request for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 26 November 2013
ECLI:EU:C:2013:783 |
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Judgment of the Court (Second Chamber), 15 May 2014
ECLI:EU:C:2014:325 |
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Case C‑480/12 Minister van Financiën v X
Community Customs Code — Scope of Articles 203 and 204(1)(a) of Regulation (EEC) No 2913/92 — External transit procedure — Customs debt incurred through non-fulfilment of an obligation — Belated presentation of the goods at the office of destination — Sixth VAT Directive — Article 10(3) — Link between the incurring of customs debt and the incurring of VAT debt — Concept of taxable transactions
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Jääskinen delivered on 13 February 2014
ECLI:EU:C:2014:84 |
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Judgment of the Court (First Chamber), 15 May 2014
ECLI:EU:C:2014:329 |
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Case C‑521/12 Briels and Others v Minister van Infrastructuur en Milieu
Environment — Directive 92/43/EEC — Article 6(3) and (4) — Conservation of natural habitats — Special areas of conservation — Assessment of the implications for a protected site of a plan or project — Authorisation for a plan or project on a protected site — Compensatory measures — Natura 2000 site Vlijmens Ven, Moerputten & Bossche Broek — Project on the route of the A2 ’s-Hertogenbosch-Eindhoven motorway
Request for a preliminary ruling from the Raad van State (Netherlands)
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 27 February 2014
ECLI:EU:C:2014:113 |
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Judgment of the Court (Second Chamber), 15 May 2014
ECLI:EU:C:2014:330 |
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Case C‑135/13 Szatmári Malom v Mezőgazdasági és Vidékfejlesztési Hivatal Központi Szerve
Agriculture — EAFRD — Regulation (EC) No 1698/2005 — Articles 20, 26 and 28 — Support for the modernisation of agricultural holdings and support for adding value to agricultural and forestry products — Eligibility conditions — Competence of the Member States — Support for the modernisation of existing mill capacity — Mills replaced with a single new mill, with no increase in capacity — Not included — Principle of equal treatment
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Ninth Chamber), 15 May 2014
ECLI:EU:C:2014:327 |
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Case C‑297/13 Data I/O v Hauptzollamt München
Reference for a preliminary ruling — Tariff classification — Common Customs Tariff — Combined Nomenclature — Section XVI, note 2 — Headings 8422, 8456, 8473, 8501, 8504, 8543, 8544 and 8473 — Concepts of ‘parts’ and ‘articles’ — Parts and accessories (motors, power supplies, lasers, generators, cables and heat sealers) intended for programming systems — No precedence of heading 8473 over other headings of Chapters 84 or 85
Request for a preliminary ruling from the Finanzgericht München
Language of the case: German
| Summary |
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Judgment of the Court (Fourth Chamber), 15 May 2014
ECLI:EU:C:2014:331 |
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Case C‑337/13 Almos Agrárkülkereskedelmi v Nemzeti Adó- és Vámhivatal Közép-magyarországi Regionális Adó Főigazgatósága
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Article 90 — Reduction of the taxable amount — Extent of obligations of Member States — Direct effect
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Seventh Chamber), 15 May 2014
ECLI:EU:C:2014:328 |
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Case C‑35/12 P ASPLA v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Plastic industrial bags market — Single and continuous infringement
Language of the case: Spanish
| Summary |
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Judgment of the Court (Sixth Chamber), 22 May 2014
ECLI:EU:C:2014:348 |
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Case C‑36/12 P Armando Álvarez v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Plastic industrial bags market — Attribution to the parent company of the infringement committed by the subsidiary — Obligation to state reasons
Language of the case: Spanish
| Summary |
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Judgment of the Court (Sixth Chamber), 22 May 2014
ECLI:EU:C:2014:349 |
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Case C‑356/12 Glatzel v Freistaat Bayern
Reference for a preliminary ruling — Transport — Directive 2006/126/EC — Point 6.4 of Annex III — Validity — Charter of Fundamental Rights of the European Union — Articles 20, 21(1) and 26 — United Nations Convention on the Rights of Persons with Disabilities — Driving licences — Physical and mental fitness to drive a motor vehicle — Minimum standards — Visual acuity — Equal treatment — No possibility of derogation — Proportionality
Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 18 July 2013
ECLI:EU:C:2013:505 |
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Judgment of the Court (Fifth Chamber), 22 May 2014
ECLI:EU:C:2014:350 |
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Case C‑539/12 Lock v British Gas Trading Limited
Social policy — Organisation of working time — Directive 2003/88/EC — Right to paid annual leave — Composition of remuneration — Basic salary and commission according to turnover realised
Request for a preliminary ruling from the Employment Tribunal, Leicester
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 5 December 2013
ECLI:EU:C:2013:806 |
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Judgment of the Court (First Chamber), 22 May 2014
ECLI:EU:C:2014:351 |
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Case C‑56/13 Érsekcsanádi Mezőgazdasági v Bács-Kiskun Megyei Kormányhivatal
Directives 92/40/EEC and 2005/94/EC — Decisions 2006/105/EC and 2006/115/EC — Charter of Fundamental Rights of the European Union — Articles 16, 17 and 47 — Measures for the control of avian influenza — Compensation for damage
Request for a preliminary ruling from the Szegedi Ítélőtábla
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Sixth Chamber), 22 May 2014
ECLI:EU:C:2014:352 |
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Case C‑129/14 PPU Criminal proceedings against Spasic
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — Charter of Fundamental Rights of the European Union — Articles 50 and 52 — Ne bis in idem principle — Convention Implementing the Schengen Agreement — Article 54 — Penalty which ‘has been enforced’ or which is ‘actually in the process of being enforced’
Request for a preliminary ruling from the Oberlandesgericht Nürnberg
Language of the case: German
| Summary |
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View of Advocate General Jääskinen delivered on 2 May 2014
ECLI:EU:C:2014:739 |
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Judgment of the Court (Grand Chamber), 27 May 2014
ECLI:EU:C:2014:586 |
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Information (on unpublished decisions)
Case C‑414/12 P Bolloré v Commission
Appeal — Competition — Cartels — Market in carbonless paper — Attributability of liability to the parent company for the infringement committed by its subsidiary — Direct participation of the parent company in the infringement — Equal treatment — Duration of the administrative procedure and legal proceedings — Reasonable period of time — Rights of the defence
Case C‑608/12 P Greinwald v Wessang
Appeal — Article 181 of the Rules of Procedure of the Court — Article 169(2) of those rules — Content required in the application initiating an appeal
Case C‑411/13 P OHIM v Sanco
Appeal — Community trade mark — Figurative mark representing a chicken — Opposition of the proprietor of a national figurative mark representing a chicken — Partial rejection of the opposition
Case C‑97/12 P Louis Vuitton Malletier v OHIM
Appeal — Community trade mark — Invalidity proceedings — Figurative mark representing a locking device — No distinctive character — Partial invalidity — Regulation (EC) No 40/94 — Article 7(1)(b
Case C‑90/13 P 1. garantovaná v Commission
Appeal — Competition — Regulation (EC) No 1/2003 — Agreements, decisions and concerted practices — Calculation of the amount of the fine — Total turnover in the preceding business year
Case C‑414/13 P Reber Holding v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Word mark Wolfgang Amadeus Mozart PREMIUM — Opposition brought by the proprietor of earlier national figurative marks W. Amadeus Mozart
Case C‑287/13 P Bilbaína de Alquitranes and Others v ECHA
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Regulation (EC) No 1907/2006 (REACH) — Article 59 and Annex XIII — Identification of pitch, coal tar, high temperature as a substance of very high concern, to be made subject to the authorisation procedure — Equal treatment
Case C‑339/13 Commission v Italy
Failure of a Member State to fulfil obligations — Directive 1999/74/EC — Articles 3 and 5(2) — Ban on rearing laying hens in unenriched cage systems — Rearing of laying hens in cages which do not conform to the requirements of that directive
June 2014
Joined Cases C‑24/12 and C‑27/12 :
Free movement of capital — Restrictions — Payment of dividends from a Member State to an overseas territory of the same State — Scope of EU law — Special European Union-OCTs arrangements
Requests for a prelimary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Third Chamber), 5 June 2014
ECLI:EU:C:2014:1385 |
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Case C‑198/12 Commission v Bulgaria
Failure of a Member State to fulfil obligations — Internal market in energy — Gas transmission — Regulation (EC) No 715/2009 — Articles 14(1) and 16(1) and (2)(b) — Obligation to guarantee maximum capacity — Virtual reverse flow gas capacity — Admissibility
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Jääskinen delivered on 14 November 2013
ECLI:EU:C:2013:739 |
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Judgment of the Court (Fifth Chamber), 5 June 2014
ECLI:EU:C:2014:1316 |
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Case C‑360/12 Coty Germany (anciennement Coty Prestige Lancaster Group) v First Note Perfumes
Judicial cooperation in civil matters — Regulations (EC) Nos 40/94 and 44/2001 — Community trade mark — Article 93(5) of Regulation (EC) No 40/94 — International jurisdiction relating to infringement — Determination of the place where the harmful event occurred — Cross-border participation by several persons in a single unlawful act
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 21 November 2013
ECLI:EU:C:2013:764 |
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Judgment of the Court (Fourth Chamber), 5 June 2014
ECLI:EU:C:2014:1318 |
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Case C‑398/12 Criminal proceedings against M
Convention implementing the Schengen Agreement — Article 54 — ‘Ne bis in idem’ principle — Scope — Order made by a court of a Contracting State finding that there is no ground to refer a case to a trial court because of insufficient evidence — Possibility of reopening the criminal investigation in the case where new facts and/or evidence come to light — Concept of person whose trial has been ‘finally disposed of’ — Criminal prosecution in another Contracting State of the same person in respect of the same acts — Preclusion of further prosecution and application of the ne bis in idem principle
Request for a preliminary ruling from the Tribunale di Fermo
Language of the case: Italian
| Summary |
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Opinion of Advocate General Sharpston delivered on 6 February 2014
ECLI:EU:C:2014:65 |
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Judgment of the Court (Fourth Chamber), 5 June 2014
ECLI:EU:C:2014:1057 |
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Case C‑557/12 KONE and Others v ÖBB Infrastruktur
Article 101 TFEU — Damages for the loss caused by a cartel prohibited by that article — Loss resulting from the higher price charged by an undertaking as a result of a prohibited cartel to which it is not a party (‘Umbrella pricing’) — Causal link
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Kokott delivered on 30 January 2014
ECLI:EU:C:2014:45 |
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Judgment of the Court (Fifth Chamber), 5 June 2014
ECLI:EU:C:2014:1317 |
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Case C‑105/13 Vonk Noordegraaf v Staatssecretaris van Economische Zaken
Agriculture — Common agricultural policy — Single payment scheme –Regulation (EC) No 73/2009 — Articles 34, 36 and 137 — Payment entitlements — Basis of calculation — Premiums paid in respect of cattle and land held by the farmer during the reference period — Modification of the method for determining the area of agricultural parcels — Reduction in the hectares eligible for aid — Application by the farmer for a reduction in the number and an increase in the unit value of his payment entitlements — Regulation (EC) No 796/2004 — Article 73a(2a) — Lawfulness
Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 6 February 2014
ECLI:EU:C:2014:64 |
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Judgment of the Court (First Chamber), 5 June 2014
ECLI:EU:C:2014:1126 |
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Case C‑255/13 I v Health Service Executive
Reference for a preliminary ruling — Social security — Regulation (EC) No 883/2004 — Articles 19(1) and 20(1) and (2) — Regulation (EC) No 987/2009 — Article 11 — National of a Member State insured in his State of residence — Sudden serious illness occurring while on holiday in another Member State — Person compelled to remain in that second Member State for 11 years as a result of his illness and the fact that specialist medical care is available close to the place where he lives — Provision of benefits in kind in the second Member State — Definition of ‘residence’ and ‘stay’
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Wahl delivered on 20 March 2014
ECLI:EU:C:2014:178 |
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Judgment of the Court (Fourth Chamber), 5 June 2014
ECLI:EU:C:2014:1291 |
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Case C‑350/13 Antonio Gramsci Shipping and Others v Lembergs
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Recognition and enforcement of provisional and protective measures — Annulment of the initial decision — Maintenance of the request for a preliminary ruling — No need to adjudicate
Request for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
| Summary |
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Order of the Court (Eighth Chamber), 5 June 2014
ECLI:EU:C:2014:1516 |
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Case C‑360/13 Public Relations Consultants Association v Newspaper Licensing Agency
Copyright — Information Society — Directive 2001/29/EC — Article 5(1) and (5) — Reproduction — Exceptions and limitations — Creation of copies of an internet site on-screen and in the cache of the hard disk in the course of browsing the internet — Temporary act of reproduction — Transient or incidental act — Integral and essential part of a technological process — Lawful use — Independent economic significance
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
| Summary |
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Judgment of the Court (Fourth Chamber), 5 June 2014
ECLI:EU:C:2014:1195 |
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Case C‑500/13 Gmina Międzyzdroje v Minister Finansów
Request for a preliminary ruling — VAT — Directive 2006/112/EC — Deduction of input tax — Capital goods — Immovable property — Adjustment of deductions — National legislation providing for an adjustment period of 10 years
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Order of the Court (Ninth Chamber), 5 June 2014
ECLI:EU:C:2014:1750 |
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Case C‑146/14 PPU Direktor na Direktsia "Migratsia" pri Ministerstvo na vatreshnite raboti v Mahdi
Visas, asylum, immigration and other policies related to free movement of persons — Directive 2008/115/EC — Return of illegally staying third-country nationals — Article 15 — Detention — Extension of detention — Obligations of the administrative or judicial authority — Review by a judicial authority — Third-country national without identity documents — Obstacles to implementation of a removal decision — Refusal of the embassy of the third country concerned to issue an identity document enabling the third-country national to be returned — Risk of absconding — Reasonable prospect of removal — Lack of cooperation — Whether the Member State concerned is under an obligation to issue a temporary document relating to the status of the person concerned
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
| Summary |
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View of Advocate General Szpunar delivered on 14 May 2014
ECLI:EU:C:2014:1936 |
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Judgment of the Court (Third Chamber), 5 June 2014
ECLI:EU:C:2014:1320 |
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Case C‑169/14 Sánchez Morcillo and Abril García v Banco Bilbao Vizcaya Argentaria
Expedited procedure
Request for a preliminary ruling from the Audiencia Provincial de Castellón
Language of the case: Spanish
| Summary |
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Order of the President of the Court, 5 June 2014
ECLI:EU:C:2014:1388 |
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Case C‑377/12 Commission v Council
Action for annulment — Council Decision 2012/272/EU on the signing, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and the Republic of the Philippines — Choice of legal basis — Articles 79 TFEU, 91 TFEU, 100 TFEU, 191 TFEU and 209 TFEU — Readmission of third-country nationals — Transport — Environment — Development cooperation
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 23 January 2014
ECLI:EU:C:2014:29 |
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Judgment of the Court (Grand Chamber), 11 June 2014
ECLI:EU:C:2014:1903 |
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Case C‑578/11 P Deltafina v Commission
Appeal — Agreements, decisions and concerted practices — Italian market for the purchase and first processing of raw tobacco — Decision finding an infringement of Article 81 EC — Immunity from fines — Obligation to cooperate — Rights of the defence — Limits of judicial review — Right to fair legal process — Hearing of witnesses or of parties — Reasonable time — Principle of equal treatment
Language of the case: Italian
| Summary |
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Opinion of Advocate General Sharpston delivered on 27 March 2014
ECLI:EU:C:2014:199 |
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Judgment of the Court (Second Chamber), 12 June 2014
ECLI:EU:C:2014:1742 |
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Case C‑461/12 Granton Advertising v Inspecteur van de Belastingdienst Haaglanden/kantoor Den Haag
Reference for a preliminary ruling — Sixth VAT Directive — Exemptions — Article 13(B)(d)(3) and (5) — ‘Other securities’ and ‘other negotiable instruments’ — Sales promotion scheme — Discount card — Taxable amount
Request for a preliminary ruling from the Gerechtshof ’s-Hertogenbosch
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 24 October 2013
ECLI:EU:C:2013:700 |
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Judgment of the Court (Fifth Chamber), 12 June 2014
ECLI:EU:C:2014:1745 |
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Joined Cases C‑39/13 to C‑41/13 Inspecteur van de Belastingdienst/Noord/kantoor Groningen and Others v SCA Group Holding and Others
Freedom of establishment — Corporation tax — Single tax entity formed by companies in the same group — Request — Grounds for refusal — Seat of one or more intermediate companies, or of the parent company, located in another Member State — No permanent establishment in the State of taxation
Request for a preliminary ruling from the Gerechtshof Amsterdam
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 27 February 2014
ECLI:EU:C:2014:104 |
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Judgment of the Court (Second Chamber), 12 June 2014
ECLI:EU:C:2014:1758 |
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Case C‑75/13 SEK Zollagentur v Hauptzollamt Gießen
Customs union and Common Customs Tariff — Unlawful removal from customs supervision of goods liable to import duties — Incurrence of a customs debt
Reference for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber), 12 June 2014
ECLI:EU:C:2014:1759 |
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Case C‑118/13 Bollacke v K + K Klaas & Kock
Reference for a preliminary ruling — Social policy — Directive 2003/88/EC — Organisation of working time — Paid annual leave — Allowance in lieu in the event of death
Request for a preliminary ruling from the Landesarbeitsgericht Hamm
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber), 12 June 2014
ECLI:EU:C:2014:1755 |
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Case C‑156/13 Digibet and Albers v Westdeutsche Lotterie
Reference for a preliminary ruling — Freedom to provide services — Article 56 TFEU — Betting and gaming — Federal legislation banning games of chance via the internet which was not applied for a limited period in a federal entity of a Member State — Consistency — Proportionality
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Third Chamber), 12 June 2014
ECLI:EU:C:2014:1756 |
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Case C‑314/13 Užsienio reikalų ministerija v Peftiev and Others
Reference for preliminary rulings — Common foreign and security policy — Restrictive measures against Belarus — Freezing of funds and economic resources — Exceptions — Payment of professional fees associated with legal services — Discretion of the competent national authority — Right to effective judicial protection — Effect of unlawful origin of funds — None
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
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Judgment of the Court (Fifth Chamber), 12 June 2014
ECLI:EU:C:2014:1645 |
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Case C‑330/13 Lukoyl Neftohim Burgas v Nachalnik na Mitnicheski punkt „Pristanishte Burgas Tsentar“ pri Mitnitsa Burgas
Reference for a preliminary ruling — Common Customs Tariff — Combined Nomenclature — Classification of goods — Goods described as ‘heavy oils, lubricating oils or other oils for undergoing a specific process’ — Headings 2707 and 2710 — Aromatic and non aromatic constituents — Relationship between the Combined Nomenclature and the Harmonised System
Request for a preliminary ruling from the Administrativen sad Burgas
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Sixth Chamber), 12 June 2014
ECLI:EU:C:2014:1757 |
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Case C‑377/13 Ascendi Beiras Litoral e Alta, Auto Estradas das Beiras Litoral e Alta v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Concept of ‘court or tribunal of a Member State’ — Tribunal Arbitral Tributário — Directive 69/335/EEC — Articles 4 and 7 — Increase of the share capital of a capital company — Stamp duty in force on 1 July 1984 — That stamp duty subsequently abolished, and then re-introduced
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa — CAAD)
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Szpunar delivered on 8 April 2014
ECLI:EU:C:2014:246 |
|
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Judgment of the Court (Second Chamber), 12 June 2014
ECLI:EU:C:2014:1754 |
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Case C‑21/14 P-R Commission v Council
Application for interim measures — Appeals — Application for suspension of a regulation following a judgment declaring the regulation to be void — Dumping — Imports of certain aluminium foil originating in Armenia, Brazil and China — Accession of Armenia to the World Trade Organisation (WTO) — Undertaking operating under market economy conditions — Article 2(7) of Regulation (EC) No 384/96 — Compatibility with the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (GATT) — Prima facie case — Urgency — Serious and irreparable damage — Absence
Language of the case: English
| Summary |
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Order of the Vice-President of the Court, 12 June 2014
ECLI:EU:C:2014:1749 |
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Case C‑243/12 P FLS Plast v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Plastic industrial bags sector — Decision finding an infringement of Article 81 EC — Unlimited jurisdiction of the General Court — Obligation to state reasons — Attribution to the parent company of the infringement committed by the subsidiary — Liability of the parent company for payment of the fine imposed on the subsidiary — Proportionality — Proceedings before the General Court — Adjudication within a reasonable time
Language of the case: English
| Summary |
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Judgment of the Court (First Chamber), 19 June 2014
ECLI:EU:C:2014:2006 |
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Joined Cases C‑501/12 to C‑506/12, C‑540/12 and C‑541/12 Specht and Others v Land Berlin and Bundesrepublik Deutschland
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment ‘in employment and occupation’ — Articles 2, 3(1)(c) and 6(1) — Direct discrimination on grounds of age — Basic pay for civil servants dependent upon age — Transitional system — Perpetuation of the difference in treatment — Justifications — Right to compensation — Liability of the Member State — Principles of equivalence and of effectiveness
Requests for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber), 19 June 2014
ECLI:EU:C:2014:2005 |
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Case C‑507/12 Saint Prix v Secretary of State for Work and Pensions
References for a preliminary ruling — Article 45 TFEU — Directive 2004/38/EC –Article 7 — ‘Worker’ — Union citizen who gave up work because of the physical constraints of the late stages of pregnancy and the aftermath of childbirth
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
| Summary |
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Opinion of Advocate General Wahl delivered on 12 December 2013
ECLI:EU:C:2013:841 |
|
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Judgment of the Court (First Chamber), 19 June 2014
ECLI:EU:C:2014:2007 |
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Case C‑531/12 P Commune de Millau and SEMEA v Commission
Appeal — Arbitration clause — Grant contract concerning a local development action — Recovery of part of the sums paid — Assumption of debt — Jurisdiction of the General Court — Limitation period — Liability of the Commission
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 27 February 2014
ECLI:EU:C:2014:1946 |
|
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Judgment of the Court (First Chamber), 19 June 2014
ECLI:EU:C:2014:2008 |
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Case C‑556/12 TDC v Teleklagenævnet
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/19/EC — Article 2(a) — Access to and use of specific network elements and associated facilities — Articles 5, 8, 12 and 13 — Competence of the national regulatory authorities — Obligation relating to access to and use of specific network elements and associated facilities — Undertaking with significant market power on a specific market — Drop cable connecting the distribution frame of the access network to the network termination point at the end-user’s premises — Proportionality of the obligation to meet reasonable requests for access to and use of specific network elements and associated facilities — Directive 2002/21/EC — Article 8 — Policy objectives for the carrying out of the tasks of the national regulatory authorities
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 16 January 2014
ECLI:EU:C:2014:17 |
|
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Judgment of the Court (Third Chamber), 19 June 2014
ECLI:EU:C:2014:2009 |
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Case C‑574/12 Centro Hospitalar de Setúbal and SUCH v Eurest Portugal
Reference for a preliminary ruling — Public service contracts — Directive 2004/18/EC — Award of the contract without a procurement procedure (in-house award) — Contractor legally separate from the awarding authority — Centre for hospital assistance and support services — Non-profit association operating in the public interest — Majority of the partners made up of awarding authorities — Minority of the partners made up of entities under private law, non-profit charitable associations — Activity carried out of at least 80% of the annual turnover for the partners’ benefit
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Mengozzi delivered on 27 February 2014
ECLI:EU:C:2014:120 |
|
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Judgment of the Court (Fifth Chamber), 19 June 2014
ECLI:EU:C:2014:2004 |
|
Case C‑11/13 Bayer CropScience v Deutsches Patent- und Markenamt
Reference for a preliminary ruling — Patent law — Plant protection products — Supplementary protection certificate — Regulation (EC) No 1610/96 — Articles 1 and 3 — Terms ‘product’ and ‘active substances’ — Safener
Request for a preliminary ruling from the Bundespatentgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 13 February 2014
ECLI:EU:C:2014:86 |
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Judgment of the Court (Third Chamber), 19 June 2014
ECLI:EU:C:2014:2010 |
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Joined Cases C‑53/13 and C‑80/13 Strojírny Prostějov and ACO Industries Tábor v Odvolací finanční ředitelství
Freedom to provide services — Temporary employment agency — Secondment of workers by an agency established in another Member State — Restriction — Undertaking using the workforce — Tax on the income of those workers withheld at source — Obligation — Payment to national budget — Obligation — Situation of workers seconded by a national agency — Absence of such obligations
Requests for a preliminary ruling from the Krajský soud v Ostravě and the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Opinion of Advocate General Wathelet delivered on 13 February 2014
ECLI:EU:C:2014:78 |
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Judgment of the Court (First Chamber), 19 June 2014
ECLI:EU:C:2014:2011 |
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Joined Cases C‑217/13 and C‑218/13 Oberbank and Others v Deutscher Sparkassen- und Giroverband
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 3(1) and (3) — Mark consisting of a contourless red colour, registered for banking services — Application for a declaration of invalidity — Distinctive character acquired through use — Evidence — Consumer survey — Time when distinctive character through use is acquired — Burden of proof
Requests for a preliminary ruling from the Bundespatentgericht
Language of the case: German
| Summary |
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Judgment of the Court (Third Chamber), 19 June 2014
ECLI:EU:C:2014:2012 |
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Case C‑345/13 Karen Millen Fashions v Dunnes Stores and Dunnes Stores (Limerick)
Regulation (EC) No 6/2002 — Community design — Article 6 — Individual character — Different overall impression — Article 85(2) — Unregistered Community design — Validity — Conditions — Burden of proof
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 2 April 2014
ECLI:EU:C:2014:206 |
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Judgment of the Court (Second Chamber), 19 June 2014
ECLI:EU:C:2014:2013 |
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Case C‑450/13 P Donaldson Filtration Deutschland v OHIM
Appeal — Community trade mark — Word mark ultrafilter international — Application for a declaration of invalidity — Abuse of rights
Language of the case: German
| Summary |
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Order of the Court (Sixth Chamber), 19 June 2014
ECLI:EU:C:2014:2016 |
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Case C‑658/11 Parliament v Council
Action for annulment — Decision 2011/640/ CFSP — Legal basis — Common foreign and security policy (CFSP) — Article 37 TEU — International agreement relating exclusively to the CFSP — Second subparagraph of Article 218(6) TFEU — Obligation to inform the Parliament immediately and fully — Article 218(10) TFEU — Maintenance of effects
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 30 January 2014
ECLI:EU:C:2014:41 |
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Judgment of the Court (Grand Chamber), 24 June 2014
ECLI:EU:C:2014:2025 |
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Case C‑37/13 P Nexans and Nexans France v Commission
Appeal — Competition — Regulation (EC) No 1/2003 — Administrative procedure — Inspection — Decision ordering an inspection — Obligation to state reasons — Reasonable grounds — Geographic market
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 3 April 2014
ECLI:EU:C:2014:223 |
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Judgment of the Court (Fifth Chamber), 25 June 2014
ECLI:EU:C:2014:2030 |
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Case C‑264/12 Sindicato Nacional dos Profissionais de Seguros e Afins v Fidelidade Mundial
Request for a preliminary ruling — Article 53(2) of the Rules of Procedure — Charter of Fundamental Rights of the European Union — National legislation establishing salary reductions for certain public sector workers — Failure to implement EU law — Clear lack of jurisdiction of the Court
Request for a preliminary ruling from the Tribunal do Trabalho do Porto
Language of the case: Portuguese
| Summary |
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Order of the Court (Sixth Chamber), 26 June 2014
ECLI:EU:C:2014:2036 |
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Information (on unpublished decisions)
Case C‑547/11 Commission v Italy
Failure of a Member State to fulfil obligations — State aid — Decisions 2006/323/EC and 2007/375/EC — Exemption from excise duty on mineral oils used as fuel for alumina production in Sardinia — Recovery — Decisions to suspend the enforcement of a demand for payment taken by a national court
Case C‑285/13 P Bimbo v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Regulation (EC) No 40/94 — Article 8 — Application for Community figurative mark Caffè KIMBO — Opposition proceedings — Earlier national word mark BIMBO — Well-known mark — Partial rejection of the opposition — Appeal manifestly inadmissible
Case C‑448/13 P Delphi Technologies v OHIM
Appeals — Community trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) — Word mark INNOVATION FOR THE REAL WORLD — Advertising slogan — Refusal of registration — No distinctive character
Case C‑13/14 Municipiul Piatra Neamț v Ministerul Dezvoltării Regionale și Administrației Publice
Reference for a preliminary ruling — Manifest inadmissibility
Case C‑28/14 Pańczyk v Dyrektor Zakładu Emerytalno-Rentowego Ministerstwa Spraw Wewnętrznych i Administracji w Warszawie
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Charter of Fundamental Rights of the European Union — Implementation of EU law — No such implementation — Clear lack of jurisdiction of the Court
Case C‑552/12 P Greece v Commission
Appeal — EAGGF, EAGF and EAFRD — Expenditure excluded from European Union financing — Expenditure incurred by the Hellenic Republic
Case C‑370/13 Teisseyre and Teisseyre v Minister Skarbu Państwa
Reference for a preliminary ruling — Article 18 TFEU — Citizenship of the Union — Non-discrimination — Compensation for loss of abandoned immovable property outside the current borders of the Member State concerned — Citizenship condition — Lack of connection to EU law — Clear lack of jurisdiction of the Court
Case C‑670/13 P Cartoon Network v OHIM
Appeal — Community trade mark — Application for Community word mark BOOMERANG — Earlier Community figurative mark Boomerang TV — Relative ground for refusal — Likelihood of confusion
Case C‑683/13 Pharmacontinente - Saúde e Higiene and Others v ACT
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Processing of personal data — Directive 95/46/EC — Article 2 — Concept of ‘personal data’ — Articles 6 and 7 — Principles relating to data quality and criteria for making data processing legitimate — Article 17 — Security of processing — Working time — Record of working time — Access by the national authority responsible for monitoring working conditions — Employer’s obligation to make available the record of working time so as to allow its immediate consultation
Case C‑45/14 Criminal proceedings against Balázs and Papp
Reference for a preliminary ruling — Fundamental rights — Charter of Fundamental Rights of the European Union — Articles 47, 50 and 54 — Implementation of EU law — No such implementation — Clear lack of jurisdiction of the Court
Case C‑76/13 Commission v Portugal
Failure to fulfil obligations — Directive 2002/22/EC — Electronic communications — Networks and services — Designation of the undertakings responsible for universal service obligations — Incorrect transposition– Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Financial penalties — Penalty payment — Lump sum payment
July 2014
Case C‑573/12 Ålands Vindkraft
Reference for a preliminary ruling — National support scheme providing for the award of tradable green certificates for installations producing electricity from renewable energy sources — Obligation for electricity suppliers and certain users to surrender annually to the competent authority a certain number of green certificates — Refusal to award green certificates for electricity production installations located outside the Member State in question — Directive 2009/28/EC — Article 2, second paragraph, point (k), and Article 3(3) — Free movement of goods — Article 34 TFEU
Request for a preliminary ruling from the förvaltningsrätten i Linköping
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Bot delivered on 28 January 2014
ECLI:EU:C:2014:37 |
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Judgment of the Court (Grand Chamber) of 1 July 2014
ECLI:EU:C:2014:2037 |
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Case C‑350/12 P Council v In 't Veld
Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Third indent of Article 4(1)(a), second indent of Article 4(2), and Article 4(6) — Opinion of the Council’s Legal Service concerning the opening of negotiations for the conclusion of an international agreement — Exceptions to the right of access — Protection of the public interest as regards international relations — Protection of legal advice — Decision partially refusing access
Language of the case: English
| Summary |
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Opinion of Advocate General Sharpston delivered on 13 February 2014
ECLI:EU:C:2014:88 |
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Judgment of the Court (First Chamber), 3 July 2014
ECLI:EU:C:2014:2039 |
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Joined Cases C‑129/13 and C‑130/13 Kamino International Logistics and Datema Hellmann Worldwide Logistics
Recovery of a customs debt — Principle of respect for the rights of the defence — Right to be heard — Addressee of the recovery decision not heard by the customs authorities before its adoption, but only during the subsequent objection stage — Infringement of the rights of the defence — Determination of the legal consequences of non-observance of the rights of the defence
Requests for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Wathelet delivered on 25 February 2014
ECLI:EU:C:2014:94 |
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Judgment of the Court (Fifth Chamber), 3 July 2014
ECLI:EU:C:2014:2041 |
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Case C‑165/13 Gross v Hauptzollamt Braunschweig
Taxation — Directive 92/12/EEC — Articles 7, 8 and 9 — General arrangements for products subject to excise duty — Products released for consumption in one Member State and held for commercial purposes in another Member State — Whether excise duty is chargeable to a person holding those products who has acquired them in the Member State of destination — Acquisition at the end of the entry process
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber), 3 July 2014
ECLI:EU:C:2014:2042 |
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Joined Cases C‑362/13, C‑363/13 and C‑407/13 Fiamingo and Others
References for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework Agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Maritime sector — Ferries making crossings between two ports situated in the same Member State — Successive fixed-term employment contracts — Clause 3(1) — Concept of ‘fixed-term employment contract’ — Clause 5(1) — Measures to prevent abuse arising from the use of fixed-term contracts — Penalties — Conversion of the employment contract into one of indefinite duration — Conditions
Requests for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Judgment of the Court (Third Chamber), 3 July 2014
ECLI:EU:C:2014:2044 |
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Case C‑524/13 Braun
Reference for a preliminary ruling — Taxation — Directive 69/335/EEC — Indirect taxes on the raising of capital — Article 10(c) — Conversion of a capital company into a different type of capital company not involving any increase in capital — Fees demanded for the drawing up of a notarial act recording that conversion
Request for a preliminary ruling from the Amtsgericht Karlsruhe
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber), 3 July 2014
ECLI:EU:C:2014:2045 |
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Case C‑19/14 Talasca and Talasca v Stadt Kevelaer
Reference for a preliminary ruling — Articles 53(2) and 94 of the Rules of Procedure of the Court — Lack of sufficient information concerning the factual and regulatory background to the dispute in the main proceedings and the reasons why an answer to the question referred for a preliminary ruling is considered necessary — Manifest inadmissibility
Request for a preliminary ruling from the Sozialgericht Duisburg
Language of the case: German
| Summary |
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Order of the Court (Sixth Chamber), 3 July 2014
ECLI:EU:C:2014:2049 |
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Case C‑92/14 Tudoran and Others v SC Suport Colect
Reference for a preliminary ruling — Directives 93/13/EEC and 2008/48/EC — Application ratione temporis and ratione materiae — Events occurring prior to the accession of Romania to the European Union — Charter of Fundamental Rights of the European Union — Lack of implementation of EU Law — Manifest lack of jurisdiction — Articles 49 TFEU and 56 TFEU — Manifest inadmissibility
Request for a preliminary ruling from the Judecătoria Câmpulung
Language of the case: Romanian
| Summary |
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Order of the Court (Sixth Chamber), 3 July 2014
ECLI:EU:C:2014:2051 |
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Case C‑83/13 Fonnship and Svenska Transportarbetareförbundet
Maritime transport — Freedom to provide services — Regulation (EEC) No 4055/86 — Applicability to transport carried out from or to States that are parties to the Agreement on the European Economic Area (EEA) using vessels flying the flag of a third country — Industrial action taken in the ports of such a State in favour of third country nationals employed on those vessels — Nationality of those workers and vessels having no bearing on the applicability of EU law
Request for a preliminary ruling from the Arbetsdomstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 1 April 2014
ECLI:EU:C:2014:201 |
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Judgment of the Court (Grand Chamber), 8 July 2014
ECLI:EU:C:2014:2053 |
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Case C‑295/12 P Telefónica and Telefónica de España v Commission
Article 102 TFEU — Abuse of dominant position — Spanish markets for access to broadband internet — Margin squeeze — Article 263 TFEU — Review of legality — Article 261 TFEU — Unlimited jurisdiction — Article 47 of the Charter — Principle of effective judicial protection — Review exercising powers of unlimited jurisdiction — Amount of the fine — Principle of proportionality — Principle of non-discrimination
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Wathelet delivered on 26 September 2013
ECLI:EU:C:2013:619 |
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Judgment of the Court (Fifth Chamber), 10 July 2014
ECLI:EU:C:2014:2062 |
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Case C‑358/12 Consorzio Stabile Libor Lavori Pubblici
Reference for a preliminary ruling — Public procurement — Contracts falling below the threshold provided for in Directive 2004/18/EC — Articles 49 TFEU and 56 TFEU — Principle of proportionality — Conditions for exclusion from a tender procedure — Criteria for qualitative selection relating to the personal situation of the tenderer — Obligations relating to the payment of social security contributions — Definition of serious infringement — Difference between the sums owed and those paid which exceeds EUR 100 and is greater than 5% of the sums owed
Request for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia
Language of the case: Italian
| Summary |
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Judgment of the Court (Tenth Chamber), 10 July 2014
ECLI:EU:C:2014:2063 |
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Case C‑421/12 Commission v Belgium
Failure of a Member State to fulfil obligations — Consumer protection — Unfair commercial practices — Directive 2005/29/EC — Complete harmonisation — Exclusion of the professions, dentists and physiotherapists — Restriction or prohibition of certain types of itinerant trading activities
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 26 November 2013
ECLI:EU:C:2013:769 |
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Judgment of the Court (Third Chamber), 10 July 2014
ECLI:EU:C:2014:2064 |
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Case C‑138/13 Dogan v Bundesrepublik Deutschland
Reference for a preliminary ruling — EEC-Turkey Association Agreement — Additional Protocol — Article 41(1) — Right of residence of family members of Turkish nationals — National legislation requiring evidence of basic linguistic knowledge with regard to the family member wishing to enter the national territory — Lawfulness — Directive 2003/86/EC — Family reunification — Article 7(2) — Compatibility
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 30 April 2014
ECLI:EU:C:2014:287 |
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Judgment of the Court (Second Chamber), 10 July 2014
ECLI:EU:C:2014:2066 |
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Case C‑183/13 Fazenda Pública v Banco Mais
Taxation — VAT — Directive 77/388/EEC — Article 17(5), third subparagraph, point (c) — Article 19 — Deduction of input tax — Leasing transactions — Mixed use goods and services — Rule for determining the amount of the VAT deduction — Derogation — Conditions
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Fourth Chamber), 10 July 2014
ECLI:EU:C:2014:2056 |
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Case C‑198/13 Julián Hernández and Others
Protection of employees in the event of the insolvency of their employer — Directive 2008/94/EC — Scope — Employer’s right to compensation from a Member State in respect of the remuneration paid to an employee during proceedings challenging that employee’s dismissal beyond the 60th working day after the action challenging the dismissal was brought — No right to compensation in the case of invalid dismissals — Subrogation of the employee to the right to compensation of his employer in the event of that employer’s provisional insolvency — Discrimination against employees who are the subject of an invalid dismissal — Charter of Fundamental Rights of the European Union — Scope — Article 20
Request for a preliminary ruling from the Juzgado de lo Social No 1 de Benidorm
Language of the case: Spanish
| Summary |
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Judgment of the Court (Fifth Chamber), 10 July 2014
ECLI:EU:C:2014:2055 |
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Case C‑213/13 Impresa Pizzarotti
Reference for a preliminary ruling — Public works contracts — Directive 93/37/EEC — ‘Undertaking to let’ buildings which have not yet been constructed — Decision of a national court having the authority of res judicata — Scope of the principle of res judicata in the event of a situation which is incompatible with EU law
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wahl delivered on 15 May 2014
ECLI:EU:C:2014:335 |
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Judgment of the Court (Second Chamber), 10 July 2014
ECLI:EU:C:2014:2067 |
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Case C‑220/13 P Nikolaou v Court of Auditors
Appeal — Non-contractual liability — Omissions on the part of the Court of Auditors — Claim for compensation for harm caused — Principle of the presumption of innocence — Principle of sincere cooperation — Powers — Conduct of preliminary investigations
Language of the case: Greek
| Summary |
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Opinion of Advocate General Bot delivered on 20 March 2014
ECLI:EU:C:2014:176 |
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Judgment of the Court (First Chamber), 10 July 2014
ECLI:EU:C:2014:2057 |
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Case C‑244/13 Ogieriakhi v Minister for Justice and Equality and Others
Reference for a preliminary ruling — Directive 2004/38/EC — Article 16(2) — Right of permanent residence for family members of a Union citizen who are third-country nationals — Situation where spouses no longer live together — Immediate installation with other partners during a continuous period of residence of five years — Regulation (EEC) No 1612/68 — Article 10(3) — Conditions — Infringement of EU law by a Member State — Examination of the nature of the infringement at issue — Need for a reference for a preliminary ruling
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 14 May 2014
ECLI:EU:C:2014:323 |
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Judgment of the Court (Second Chamber), 10 July 2014
ECLI:EU:C:2014:2068 |
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Case C‑307/13 Ivansson and Others
Reference for a preliminary ruling — Internal market — Directive 98/34/EC — Third subparagraph of Article 8(1) — Information procedure in the field of technical rules and regulations — Notion of ‘technical regulation’ — Hens for egg production — Shortening of a timetable for implementation originally envisaged for the entry into force of the technical rule — Obligation to notify — Conditions — Discrepancies between language versions
Request for a preliminary ruling from the Helsingborgs tingsrätt
Language of the case: Swedish
| Summary |
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Judgment of the Court (Seventh Chamber), 10 July 2014
ECLI:EU:C:2014:2058 |
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Joined Cases C‑358/13 and C‑181/14 D. and G.
Medicinal products for human use — Directive 2001/83/EC — Scope — Interpretation of the concept of ‘medicinal product’ — Scope of the criterion based on the capacity to modify physiological functions — Herb and cannabinoid-based products — Not included
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 12 June 2014
ECLI:EU:C:2014:1927 |
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Judgment of the Court (Fourth Chamber), 10 July 2014
ECLI:EU:C:2014:2060 |
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Case C‑420/13 Netto Marken-Discount v Deutsches Patent- und Markenamt
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Identification of goods or services for which the protection of a trade mark is sought — Requirements of clarity and precision — Nice Classification — Retail trade — Bringing together of services
Request for a preliminary ruling from the Bundespatentgericht
Language of the case: German
| Summary |
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Judgment of the Court (Third Chamber), 10 July 2014
ECLI:EU:C:2014:2069 |
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Case C‑421/13 Apple v Deutsches Patent- und Markenamt
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Articles 2 and 3 — Signs capable of constituting a trade mark — Distinctive character — Representation, by design, of the layout of a flagship store — Registration as a trade mark for ‘services’ connected with the products on sale in such a store
Request for a preliminary ruling from the Bundespatentgericht
Language of the case: German
| Summary |
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Judgment of the Court (Third Chamber), 10 July 2014
ECLI:EU:C:2014:2070 |
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Joined Cases C‑141/12 and C‑372/12 YS v Minister voor Immigratie, Integratie en Asiel and Minister voor Immigratie, Integratie en Asiel v M and S
Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Directive 95/46/EC — Articles 2, 12 and 13 — Concept of ‘personal data’ — Scope of the right of access of a data subject — Data relating to the applicant for a residence permit and legal analysis contained in an administrative document preparatory to the decision — Charter of Fundamental Rights of the European Union — Articles 8 and 41
Requests for a preliminary ruling from the Rechtbank Middelburget and from the Raad van State
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 12 December 2013
ECLI:EU:C:2013:838 |
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Judgment of the Court (Third Chamber), 17 July 2014
ECLI:EU:C:2014:2081 |
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Case C‑335/12 Commission v Portugal
Failure of a Member State to fulfil obligations — Own resources — Post-clearance recovery of import duties — Financial liability of the Member States — Surplus stocks of non-exported sugar
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 6 March 2014
ECLI:EU:C:2014:132 |
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Judgment of the Court (Fifth Chamber), 17 July 2014
ECLI:EU:C:2014:2084 |
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Case C‑472/12 Panasonic Italia and Others v Agenzia delle Dogane
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Common Customs Tariff — Tariff classification — Combined Nomenclature — Headings 8471 and 8528 — Plasma screens — Function as computer screen — Potential function as a television screen, after insertion of a video card
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Judgment of the Court (Tenth Chamber), 17 July 2014
ECLI:EU:C:2014:2082 |
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Case C‑553/12 P Commission v DEI
Appeal — Competition — Articles 82 EC and 86(1) EC — Maintenance of preferential rights granted by the Hellenic Republic in favour of a public undertaking for the exploration and exploitation of lignite deposits — Exercise of those rights — Competitive advantage on the markets for the supply of lignite and wholesale electricity — Maintenance, extension or strengthening of a dominant position
Language of the case: Greek
| Summary |
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Opinion of Advocate General Wathelet delivered on 5 December 2013
ECLI:EU:C:2013:807 |
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Judgment of the Court (Third Chamber), 17 July 2014
ECLI:EU:C:2014:2083 |
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Case C‑48/13 Nordea Bank Danmark v Skatteministeriet
Tax legislation — Freedom of establishment — National tax on profits — Group taxation — Taxation of the activity of foreign permanent establishments of resident companies — Avoidance of double taxation by set-off of tax (credit method) — Reincorporation of the losses deducted previously in the event that the permanent establishment is transferred to a group company over which the Member State in question does not exercise powers of taxation
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Kokott delivered on 13 March 2014
ECLI:EU:C:2014:153 |
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Judgment of the Court (Grand Chamber), 17 July 2014
ECLI:EU:C:2014:2087 |
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Joined Cases C‑58/13 and C‑59/13 Torresi and Torresi v Consiglio dell’Ordine degli Avvocati di Macerata
Reference for a preliminary ruling — Freedom of movement for persons — Access to the profession of lawyer — Possibility of refusing registration in the Bar Council register to nationals of a Member State who have obtained their professional legal qualification in another Member State — Abuse of rights
Requests for a preliminary ruling from the Consiglio Nazionale Forense
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wahl delivered on 10 April 2014
ECLI:EU:C:2014:265 |
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Judgment of the Court (Grand Chamber), 17 July 2014
ECLI:EU:C:2014:2088 |
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Case C‑173/13 Leone and Leone v Garde des Sceaux, ministre de la Justice and Caisse nationale de retraite des agents des collectivités locales
Social policy — Article 141 EC — Equality of pay for female and male workers — Early retirement with immediate payment of pension — Service credit for the purposes of calculating the pension — Advantages benefiting mainly female civil servants — Indirect discrimination — Objective justification — Genuine concern about attaining the stated objective — Consistency in implementation — Article 141(4) EC — Measures aimed at compensating for career-related disadvantages for female workers — Not applicable
Request for a preliminary ruling from the Cour administrative d’appel de Lyon
Language of the case: French
| Summary |
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Opinion of Advocate General Jääskinen delivered on 27 February 2014
ECLI:EU:C:2014:117 |
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Judgment of the Court (Fourth Chamber), 17 July 2014
ECLI:EU:C:2014:2090 |
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Case C‑272/13 Equoland v Agenzia delle Dogane – Ufficio delle Dogane di Livorno
Reference for a preliminary ruling — Value added tax — Sixth Directive 77/388/EEC — Directive 2006/112/EC — Exemption of imported goods which are intended to be placed under warehousing arrangements other than customs — Obligation to physically place the goods in the warehouse — Non-compliance — Obligation to pay VAT notwithstanding the fact that it has already been settled under the reverse charge mechanism
Request for a preliminary ruling from the Commissione tributaria regionale per la Toscana
Language of the case: Italian
| Summary |
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Judgment of the Court (Sixth Chamber), 17 July 2014
ECLI:EU:C:2014:2091 |
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Case C‑338/13 Noorzia v Bundesministerin für Inneres
Reference for a preliminary ruling — Right to family reunification — Directive 2003/86/EC — Article 4(5) — Provision of national law under which the sponsor and his/her spouse must have reached the age of 21 by the date on which the application for family reunification is lodged — Interpretation in conformity with EU law
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 30 April 2014
ECLI:EU:C:2014:288 |
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Judgment of the Court (Second Chamber), 17 July 2014
ECLI:EU:C:2014:2092 |
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Case C‑438/13 BCR Leasing IFN v Agenţia Naţională de Administrare Fiscală
VAT — Directive 2006/112/EC — Articles 16 and 18 — Financial leasing — Goods under a financial leasing contract — Non-recovery of those goods by the leasing company after the termination of the contract — Missing goods
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
| Summary |
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Judgment of the Court (Seventh Chamber), 17 July 2014
ECLI:EU:C:2014:2093 |
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Case C‑469/13 Tahir v Ministero dell'Interno and Questura di Verona
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2003/109/EC — Articles 2, 4(1), 7(1) and 13 — ‘Long-term resident’s EU residence permit’ — Terms for conferring long-term resident status — Legal and continuous residence in the host Member State for five years prior to the submission of the permit application — Person with family connections to the long-term resident — More favourable national provisions — Effects
Request for a preliminary ruling from the Tribunale di Verona
Language of the case: Italian
| Summary |
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Judgment of the Court (Third Chamber), 17 July 2014
ECLI:EU:C:2014:2094 |
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Joined Cases C‑473/13 and C‑514/13 Bero v Regierungspräsidium Kassel and Bouzalmate v Kreisverwaltung Kleve
Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures in Member States for returning illegally staying third-country nationals — Article 16(1) — Detention for the purpose of removal — Detention in prison accommodation — Not possible to provide accommodation for third-country nationals in a specialised detention facility — No such facility in the Land where the third-country national is detained
Requests for a preliminary ruling from the Bundesgerichtshof and the Landgericht München I
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 30 April 2014
ECLI:EU:C:2014:295 |
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Judgment of the Court (Grand Chamber), 17 July 2014
ECLI:EU:C:2014:2095 |
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Case C‑474/13 Pham v Stadt Schweinfurt, Amt für Meldewesen und Statistik
Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures in Member States for returning illegally staying third-country nationals — Article 16(1) — Detention for the purpose of removal — Detention in prison accommodation — Possibility of detaining a third-country national with ordinary prisoners where he has given his consent
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Grand Chamber), 17 July 2014
ECLI:EU:C:2014:2096 |
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Case C‑480/13 Sysmex Europe v Hauptzollamt Hamburg-Hafen
Reference for a preliminary ruling — Tariff classification — Common Customs Tariff — Combined Nomenclature — Headings 3204, 3212 and 3822 — Substance producing, by chemical reaction and exposure to a laser light, a fluorescent effect intended for the analysis of white blood cells
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber), 17 July 2014
ECLI:EU:C:2014:2097 |
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Case C‑481/13 Criminal proceedings against Qurbani
Reference for a preliminary ruling — Geneva Convention of 28 July 1951 relating to the Status of Refugees — Article 31 — Third country national who has entered the territory of a Member State after passing through another Member State — Use of the services of people smugglers — Unauthorised entry and stay — Presentation of a forged passport — Criminal penalties — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Oberlandesgericht Bamberg
Language of the case: German
| Summary |
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Judgment of the Court (Fourth Chamber), 17 July 2014
ECLI:EU:C:2014:2101 |
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Case C‑169/14 Sánchez Morcillo and Abril García v Banco Bilbao Vizcaya Argentaria
Reference for a preliminary ruling — Directive 93/13/EEC — Article 7 — Charter of Fundamental Rights of the European Union — Article 47 — Consumer contracts — Mortgage loan agreement — Unfair terms — Mortgage enforcement proceedings — Right to an appeal
Request for a preliminary ruling from the Audiencia Provincial de Castellón
Language of the case: Spanish
| Summary |
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View of Advocate General Wahl delivered on 3 July 2014
ECLI:EU:C:2014:2110 |
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Judgment of the Court (First Chamber), 17 July 2014
ECLI:EU:C:2014:2099 |
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Information (on unpublished decisions)
Case C‑22/14 P Three-N-Products v OHIM
Appeals — Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Likelihood of confusion — Definition of relevant public
Case C‑84/13 P Electrabel v Commission
Appeal — Concentration of undertakings — Commission decision — Order for payment of a fine — Infringement of Article 7 of Regulation (EEC) No 4064/89 — Control of concentrations between undertakings — Article 14(3) — Criteria to be taken into account in determining the amount of the fine — Taking into account the duration of the infringement — Principle of non-retroactivity of the law — Application of Regulation (EC) No 139/2004 — Obligation to state reasons
Case C‑102/13 P Germany v Commission
Appeal — Action for annulment — Period for bringing proceedings — Validity of the notification of a Commission decision to the Permanent Representation of a Member State — Determination of the date of that notification — Rules of Procedure of the Court of Justice — Article 181 — Appeal manifestly unfounded
Case C‑189/13) Da Silva
Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures for returning illegally staying third-country nationals — National legislation making provision for a sentence of imprisonment in the event of unlawful entry in flagrante delicto — Response from the Court no longer necessary to resolve the dispute — No need to adjudicate
Case C‑126/13 P BSH v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 7(1)(c) — Descriptive character — Refusal to register the word mark ecoDoor — Characteristic of a part of a product
Joined Cases C‑325/13 P and C‑326/13 P Peek & Cloppenburg v OHIM
Appeals — Community trade mark — Word mark Peek & Cloppenburg — Opposition by another proprietor of the business name ‘Peek & Cloppenburg’ — Refusal of registration
Joined Cases C‑379/13 P to C‑381/13 P Aecops v Commission
Appeal — Decision 83/673/EEC — Regulation (EEC) No 2950/83 — European Social Fund — Training operations — Reduction of the financial assistance initially granted — Regulation (EC, Euratom) No 2988/95 — Protection of the European Communities’ financial interests
Case C‑391/13 P Greece v Commission
Appeal — EAGGF, EAGF and EAFRD — Expenditure excluded from funding from the European Union — Olive oil — Arable crops — Manifest error of assessment — Increase in the flat-rate correction due to the recurrence of failure — Impact of CAP reform on the flat-rate correction — Proportionality — Nature of expenditure for the establishment of the olive cultivation GIS
Case C‑71/13 P Greece v Commission
Appeal — EAGGF, EAGF and EAFRD — Expenditure excluded from European Union financing — Expenditure incurred by the Hellenic Republic
Case C‑675/13 P Zoo Sport v OHIM
Appeal — Community trade mark — Figurative trade mark zoo sport in black and white — Opposition by the proprietor of Community figurative and word marks containing the word elements ‘ZOOT’ and ‘SPORTS ZOOT SPORTS’ — Refusal in part of registration
Case C‑676/13 P Zoo Sport v OHIM
Appeal — Community trade mark — Word mark ZOOTSPORT — Opposition by the proprietor of Community figurative and word marks containing the word elements ‘ZOOT’ and ‘SPORTS ZOOT SPORTS’ — Refusal in part of registration
Case C‑554/12 P Commission v DEI
Appeal — Competition — Article 86(3) EC — Maintenance of preferential rights granted by the Hellenic Republic in favour of a public undertaking for the exploration and exploitation of lignite deposits — Infringement — Decision — Incompatibility with EU law — Subsequent decision — Establishment of specific measures — Solution to the anticompetitive effects of the infringement — Action for annulment
Case C‑600/12 Commission v Greece
Failure to fulfil obligations — Environment — Waste management — Directives 2008/98/EC, 1999/31/EC and 92/43/EEC — Discharge of waste on the island of Zakinthos — Zakinthos national marine park — Natura 2000 site — Caretta caretta sea turtle — Extension of the validity period of environmental clauses — Lack of conditioning plan — Operation of a landfill site — Faults — Saturation of the landfill site — Infiltration of leachate — Insufficient coverage and dispersion of waste — Extension of the landfill site
Case C‑141/13 P Reber v OHIM
Appeal — Community trade mark — Figurative mark Walzer Traum — Opposition by the proprietor of the national word mark Walzertraum — Concept of genuine use of the mark — Failure to take earlier decisions into account — Principle of equal treatment
Case C‑427/13 Emmeci v Cotral
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Autorità per la Vigilanza sui Contratti pubblici di lavori, servizi e forniture — Article 267 TFEU — Concept of ‘court or tribunal of a Member State’ — Lack of jurisdiction of the Court
Case C‑435/13 P Kastenholz v OHIM
Appeal — Regulation (EC) No 6/2002 — Community designs — Articles 4 to 6, 25(1)(b) and (f), and 52 — Registered Community design representing watch dials — Earlier Community design — Invalidity proceedings
Case C‑459/13 Široká v Úrad verejného zdravotníctva Slovenskej republiky
Reference for a preliminary ruling — Protection of public health — National legislation imposing an obligation to vaccinate minor children — Right of parents to refuse that vaccination — Article 168 TFEU — Charter of Fundamental Rights of the European Union — Articles 33 and 35 — Implementation of EU law — None — Clear lack of jurisdiction of the Court
Case C‑468/13 P MOL v OHIM
Appeal — Community trade mark– Regulation (EC) No 207/2009 — Article 8(1)(b) — Word mark MOL Blue Card — Opposition — Refusal to register
Case C‑490/13 P Cytochroma Development v OHIM
Appeals — Article 181 of the Rules of Procedure of the Court — Community trade mark — Opposition procedure — Article 169(1) of the Rules of Procedure — Appeal not brought against the operative part of the judgment under appeal — Appeal manifestly unfounded
Case C‑505/13 Yumer v Direktor na Teritoriyalna direktsia na Natsionalna agentsia za prihodite - Varna
Income tax — Article 2 TEU — Articles 20 and 21 of the Charter of Fundamental Rights of the European Union — Principles of legal certainty, effectiveness and proportionality — Farmers’ right to a reduction of income tax — Exclusion of natural persons carrying out agricultural activity — Implementation of EU law — No implementation — Manifest lack of jurisdiction of the Court
Case C‑535/13) Honda Giken Kogyo Kabushiki Kaisha v Patmanidi
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Trade marks — Right of the proprietor of a trade mark to oppose the placing on the market within the European Economic Area (EEA) of goods bearing that mark without his consent
Case C‑643/13 P Melkveebedrijf Overenk and Others v Commission
Appeal — Non-contractual liability — Regulation (EC) No 1468/2006 — Levy in the milk and milk products sector — Manifest inadmissibility
Case C‑654/13 Delphi Hungary Autóalkatrész Gyártó v NAV
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — VAT — Directive 2006/112/EC — Article 183 — Reimbursement of excess VAT — National rules preventing the payment of default interest on VAT not recoverable within a reasonable period on account of a condition held to be contrary to EU law — Principle of equivalence
Case C‑101/14 P Brown Brothers Harriman v OHIM
Appeal — Application before the General Court of the European Union signed by a ‘juris kandidat’ — No representation by a lawyer — Article 19 of the Statute of the Court of Justice of the European Union — Manifest inadmissibility of the action
Case C‑107/14 3D I v Agenzia delle Entrate — Ufficio di Cremona
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Insufficient information concerning the factual and regulatory background to the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling — Manifest inadmissibility
September 2014
Case C‑589/12 Commissioners for Her Majesty's Revenue & Customs v GMAC UK
Reference for a preliminary ruling — VAT — Sixth Directive 77/388/EEC — Article 11C(1), first subparagraph — Direct effect — Reduction of the taxable amount — Two transactions concerning the same goods — Supply of goods — Cars, sold on a hire purchase basis, repossessed and sold at auction — Abuse of rights
Request for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
| Summary |
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Judgment of the Court (Second Chamber), 3 September 2014
ECLI:EU:C:2014:2131 |
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Case C‑201/13 Deckmyn and Vrijheidsfonds v Vandersteen and Others
Reference for a preliminary ruling — Directive 2001/29/EC — Copyright and related rights — Reproduction right — Exceptions and limitations — Concept of ʻparodyʼ — Autonomous concept of EU law
Request for a preliminary ruling from the hof van beroep te Brussel
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 22 May 2014
ECLI:EU:C:2014:458 |
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Judgment of the Court (Grand Chamber), 3 September 2014
ECLI:EU:C:2014:2132 |
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Case C‑318/13 X
Reference for a preliminary ruling — Directive 79/7/EEC — Equal treatment for men and women in matters of social security — Accident insurance for workers — Amount of a lump-sum compensation for permanent incapacity — Actuarial calculation based on average life expectancy by sex of the recipient of that compensation — Sufficiently serious infringement of EU law
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Kokott delivered on 15 May 2014
ECLI:EU:C:2014:333 |
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Judgment of the Court (Second Chamber), 3 September 2014
ECLI:EU:C:2014:2133 |
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Case C‑410/13 Baltlanta v Lietuvos valstybė
Reference for a preliminary ruling — Structural funds — Economic, social and territorial cohesion — Regulation (EC) No 1260/1999 — Article 38 — Regulation (EC) No 2792/1999 — Article 19 — Fisheries — Court proceedings at national level — Obligation on the part of the Member State to take the measures necessary to ensure the successful implementation of the decision relating to the grant of funds following court proceedings
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
| Summary |
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Judgment of the Court (Second Chamber), 3 September 2014
ECLI:EU:C:2014:2134 |
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Case C‑114/12 Commission v Council
Action for annulment — External action of the European Union — International agreements — Protection of neighbouring rights of broadcasting organisations — Negotiations for a Convention of the Council of Europe — Decision of the Council and the Representatives of the Governments of the Member States authorising the joint participation of the Union and its Member States in the negotiations — Article 3(2) TFEU — Exclusive external competence of the Union
Language of the case: English
| Summary |
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Opinion of Advocate General Sharpston delivered on 3 April 2014
ECLI:EU:C:2014:224 |
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Judgment of the Court (Grand Chamber), 4 September 2014
ECLI:EU:C:2014:2151 |
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Case C‑237/12 Commission v France
Failure of a Member State to fulfil obligations — Directive 91/676/EEC — Article 5(4) — Annex II.A, points 1 to 3 and 5 — Annex III.1, points 1 to 3, and Annex III.2 — Protection of waters against pollution caused by nitrates from agricultural sources — Periods for land application — Capacity of storage vessels for livestock manure — Limitation of land application — Prohibition on land application on steeply sloping ground or on snow-covered or frozen ground — Non-compliance of national legislation
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 16 January 2014
ECLI:EU:C:2014:14 |
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Judgment of the Court (Second Chamber), 4 September 2014
ECLI:EU:C:2014:2152 |
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Case C‑408/12 P YKK and Others v Commission
Appeal — Agreements, decisions and concerted practices — Markets for zip fasteners and other fasteners and for attaching machines — Successive responsibilities — Legal upper limit of the fine — Article 23(2) of Regulation No 1/2003 — Concept of ‘undertaking’ — Personal responsibility — Principle of proportionality — Deterrence multiplier
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 12 February 2014
ECLI:EU:C:2014:66 |
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Judgment of the Court (Second Chamber), 4 September 2014
ECLI:EU:C:2014:2153 |
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Case C‑474/12 Schiebel Aircraft v Bundesminister für Wirtschaft, Familie und Jugend
Reference for a preliminary ruling — Freedom of establishment — Freedom of movement for workers — Non-discrimination — Article 346(1)(b) TFEU — Protection of a Member State’s essential security interests — Legislation of a Member State under which the statutory representatives of a business engaged within the national territory in the trading of arms, munitions and war material must hold the nationality of that Member State
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Fifth Chamber), 4 September 2014
ECLI:EU:C:2014:2139 |
|
Joined Cases C‑533/12 P and C‑536/12 P SNCM and France v Corsica Ferries France
Appeals — Restructuring aid — European Commission’s margin of assessment — Scope of review by the General Court of the European Union — Market economy private investor test — Requirement for a sectoral and geographical analysis — Sufficiently well-established practice — Long-term economic rationale — Making of additional redundancy payments
Language of the case: French
| Summary |
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Opinion of Advocate General Wathelet delivered on 15 January 2014
ECLI:EU:C:2014:4 |
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Judgment of the Court (Fifth Chamber), 4 September 2014
ECLI:EU:C:2014:2142 |
|
Case C‑543/12 Zeman v Krajské riaditeľstvo Policajného zboru v Žiline
Reference for a preliminary ruling — Directive 91/477/EEC — Issuing of the European firearms pass — National legislation according to which that pass is issued only to holders of a firearms licence issued for hunting or target shooting use
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
| Summary |
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Judgment of the Court (First Chamber), 4 September 2014
ECLI:EU:C:2014:2143 |
|
Case C‑575/12 Air Baltic Corporation v Valsts robežsardze
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EC) No 810/2009 — Articles 24(1) and 34 — Uniform visa — Annulment or revocation of a uniform visa — Validity of a uniform visa affixed to a travel document which has been cancelled — Regulation (EC) No 562/2006 — Articles 5(1) and 13(1) — Border checks — Entry conditions — National legislation requiring a valid visa affixed to a valid travel document
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Mengozzi delivered on 21 May 2014
ECLI:EU:C:2014:346 |
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Judgment of the Court (Fourth Chamber), 4 September 2014
ECLI:EU:C:2014:2155 |
|
Case C‑21/13 Simon, Evers & Co v Hauptzollamt Hamburg-Hafen
Reference for a preliminary ruling — Commercial policy — Anti-dumping duties — Regulation (EC) No 499/2009 — Validity — Imports of products originating in China — Imports of the same products consigned from Thailand — Circumvention — Proof — Refusal to cooperate
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 10 April 2014
ECLI:EU:C:2014:261 |
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Judgment of the Court (Second Chamber), 4 September 2014
ECLI:EU:C:2014:2154 |
|
Joined Cases C‑119/13 and C‑120/13 eco cosmetics and Raiffeisenbank St Georgen v Dupuy and Bonchyk
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 1896/2006 — European order for payment procedure — Invalid service — Effects — European order for payment declared enforceable — Opposition — Review in exceptional cases — Time-limits
Requests for a preliminary ruling from the Amtsgericht Wedding
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 9 April 2014
ECLI:EU:C:2014:248 |
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Judgment of the Court (Third Chamber), 4 September 2014
ECLI:EU:C:2014:2144 |
|
Case C‑157/13 Nickel & Goeldner Spedition v 'Kintra'
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 1346/2000 — Article 3(1) — Concept of an ‘action related to insolvency proceedings and closely connected with those proceedings’ — Regulation (EC) No 44/2001 — Article 1(2)(b) — Concept of ‘bankruptcy’ — Action for payment of a debt brought by the insolvency administrator — Debt arising out of the international carriage of goods — Relationship between Regulations No 1346/2000 and No 44/2001 and the Convention for the International Carriage of Goods by Road (CMR)
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
| Summary |
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Judgment of the Court (First Chamber), 4 September 2014
ECLI:EU:C:2014:2145 |
|
Case C‑162/13 Vnuk v Zavarovalnica Triglav
Reference for a preliminary ruling — Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC — Article 3(1) — Concept of ‘use of vehicles’ — Accident caused in the courtyard of a farm by a tractor to which a trailer was attached
Request for a preliminary ruling from the Vrhovno sodišče
Language of the case: Slovene
| Summary |
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Opinion of Advocate General Mengozzi delivered on 26 February 2014
ECLI:EU:C:2014:106 |
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Judgment of the Court (Third Chamber), 4 September 2014
ECLI:EU:C:2014:2146 |
|
Joined Cases C‑184/13 to C‑187/13, C‑194/13, C‑195/13 and C‑208/13 API and Others v Ministero delle Infrastrutture e dei Trasporti and Others
Reference for a preliminary ruling — Road transport — Amount of the minimum operating costs determined by a body representing the operators concerned — Association of undertakings — Restriction of competition — Public interest objective — Road safety — Proportionality
Requests for preliminary ruling from the Tribunale amministrativo regionale per il Lazio
Language of the case: Italian
| Summary |
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Judgment of the Court (Fifth Chamber), 4 September 2014
ECLI:EU:C:2014:2147 |
|
Case C‑192/13 P Spain v Commission
Appeal — Cohesion fund — Reduction of financial assistance — Adoption of the decision by the European Commission — Existence of a time-limit — Failure to comply with the time-limit — Consequences
Language of the case: Spanish
| Summary |
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Judgment of the Court (First Chamber), 4 September 2014
ECLI:EU:C:2014:2156 |
|
Case C‑197/13 P Spain v Commission
Appeal — Cohesion fund — Reduction of the financial assistance –Adoption of the decision by the European Commission — Existence of a time-limit — Failure to comply with the time-limit — Consequences
Language of the case: Spanish
| Summary |
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Judgment of the Court (First Chamber), 4 September 2014
ECLI:EU:C:2014:2157 |
|
Joined Cases C‑256/13 and C‑264/13 Provincie Antwerpen v Belgacom and Mobistar
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/20/EC — Article 6 — Conditions attached to the general authorisation and to the rights of use for radio frequencies and for numbers, and specific obligations — Article 13 — Fees for rights of use and rights to install facilities — Regional legislation making undertakings liable to pay a tax on places of business
Requests for a preliminary ruling from the hof van beroep te Antwerpen
Language of the case: Dutch
| Summary |
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Judgment of the Court (Third Chamber), 4 September 2014
ECLI:EU:C:2014:2149 |
|
Case C‑327/13 Burgo Group v Illochroma and Theetten
Reference for a preliminary ruling — Judicial cooperation in civil matters — Insolvency proceedings — Definition of ‘establishment’ — Group of companies — Establishment — Right to request the opening of secondary insolvency proceedings — Criteria — Person empowered to request the opening of secondary insolvency proceedings
Request for a preliminary ruling from the cour d’appel de Bruxelles
Language of the case: French
| Summary |
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Judgment of the Court (First Chamber), 4 September 2014
ECLI:EU:C:2014:2158 |
|
Case C‑452/13 Germanwings v Henning
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Articles 2, 5 and 7 — Right to compensation in the event of a long delay to a flight — Length of delay — Concept of ‘arrival time’
Request for a preliminary ruling from the Landesgericht Salzburg
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber), 4 September 2014
ECLI:EU:C:2014:2141 |
|
Case C‑532/13 Sofia Zoo v Országos Környezetvédelmi, Természetvédelmi és Vízügyi Főfelügyelőség
Reference for a preliminary ruling — Protection of species of wild fauna and flora — Regulation (EC) No 338/97 — Article 11 — Invalidity of an import permit restricted to the specimens of animals actually affected by the ground of invalidity
Request for a preliminary ruling from the Fővárosi közigazgatási és munkaügyi bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Second Chamber), 4 September 2014
ECLI:EU:C:2014:2140 |
|
Case C‑488/13 Parva Investitsionna Banka and Others v Ear Proparti Developmant – v nesastoyatelnost and Sindik na Ear Proparti Developmant – v nesastoyatelnost
Reference for a preliminary ruling — Regulation (EC) No 1896/2006 — Definition of ‘uncontested pecuniary claims’ — Insolvency proceedings — Extra-judicial enforcement order relating to a contested claim — Claim for payment out of the insolvency estate, on the basis of such an enforcement order — Situation falling outside the scope of Regulation No 1896/2006 — Court clearly lacking jurisdiction
Request for a preliminary ruling from the Okrazhen sad — Tagrovishte
Language of the case: Bulgarian
| Summary |
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Order of the Court (Fifth Chamber), 9 September 2014
ECLI:EU:C:2014:2191 |
|
Case C‑34/13 Kušionová v SMART Capital
Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms — Consumer credit agreement — Article 1(2) — Term reflecting a mandatory statutory provision — Scope of the directive — Articles 3(1), 4, 6(1) and 7(1) — Security for credit in the form of a charge on immovable property — Whether it is possible to enforce the charge by means of a sale by auction — Judicial review
Request for a preliminary ruling from the Krajský súd v Prešove
Language of the case: Slovak
| Summary |
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Judgment of the Court (Third Chamber), 10 September 2014
ECLI:EU:C:2014:2189 |
|
Case C‑92/13 Gemeente ‘s-Hertogenbosch v Staatssecretaris van Financiën
Reference for a preliminary ruling — Sixth VAT Directive — Article 5(7)(a) — Taxable transactions — ‘Supplies made for consideration’ — First occupation by a municipal authority of premises built for it on land belonging to it — Activities engaged in as a public authority and as a taxable person
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 10 April 2014
ECLI:EU:C:2014:267 |
|
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Judgment of the Court (Fourth Chamber), 10 September 2014
ECLI:EU:C:2014:2188 |
|
Case C‑152/13 Holger Forstmann Transporte v Hauptzollamt Münster
Reference for a preliminary ruling — Taxation — Directive 2003/96/EC — Taxation of energy products and electricity — Exceptions — Energy products contained in the standard tanks of commercial motor vehicles and intended to be used as fuel by those vehicles — Definition of ‘standard tanks’ within the meaning of Article 24(2) of that directive — Tanks fitted by a coachbuilder or a manufacturer’s dealer
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 30 April 2014
ECLI:EU:C:2014:294 |
|
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Judgment of the Court (Second Chamber), 10 September 2014
ECLI:EU:C:2014:2184 |
|
Case C‑270/13 Haralambidis v Casilli
Reference for a preliminary ruling — Freedom of movement for workers — Article 45(1) and (4) TFEU — Concept of worker — Employment in the public service — Post of President of a Port Authority — Participation in the exercise of powers of a public authority — Nationality requirement
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wahl delivered on 5 June 2014
ECLI:EU:C:2014:1358 |
|
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Judgment of the Court (Second Chamber), 10 September 2014
ECLI:EU:C:2014:2185 |
|
Case C‑423/13 Vilniaus energija v Lietuvos metrologijos inspekcijos Vilniaus apskrities skyrius
Reference for a preliminary ruling — Free movement of goods — Measures having equivalent effect — Directive 2004/22/EC — Metrological verification of measuring systems — Hot-water meter satisfying all the requirements of that directive and connected to a remote (telemetric) data-transmission device — Prohibition of the use of that meter without a prior metrological verification of the system
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
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Judgment of the Court (Second Chamber), 10 September 2014
ECLI:EU:C:2014:2186 |
|
Case C‑491/13 Ben Alaya v Bundesrepublik Deutschland
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2004/114/EC — Articles 6, 7 and 12 — Conditions of admission of third-country nationals for the purposes of studies — Refusal to admit a person who meets the conditions laid down in Directive 2004/114 — Discretion enjoyed by the competent authorities
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 12 June 2014
ECLI:EU:C:2014:1933 |
|
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Judgment of the Court (Third Chamber), 10 September 2014
ECLI:EU:C:2014:2187 |
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Case C‑47/12 Kronos International v Finanzamt Leverkusen
Reference for a preliminary ruling — Articles 49 TFEU and 54 TFEU — Freedom of establishment — Articles 63 TFEU and 65 TFEU — Free movement of capital — Tax legislation — Corporation tax — Legislation of a Member State designed to eliminate double taxation of distributed profits — Imputation method applied to dividends distributed by companies resident in the same Member State as the company receiving them — Exemption method applied to dividends distributed by companies resident in a different Member State from the company receiving them or in a third State — Difference in treatment of losses of the company receiving the dividends
Request for a preliminary ruling from the Finanzgericht Köln
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 7 November 2013
ECLI:EU:C:2013:729 |
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Judgment of the Court (First Chamber), 11 September 2014
ECLI:EU:C:2014:2200 |
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Joined Cases C‑204/12 to C‑208/12 Essent Belgium v Vlaamse Reguleringsinstantie voor de Elektriciteits- en Gasmarkt
References for a preliminary ruling — Regional support scheme providing for the issuance of tradable green certificates for facilities situated in the region concerned producing electricity from renewable energy sources — Obligation for electricity suppliers to surrender annually to the competent authority a certain quota of certificates — Refusal to take account of guarantees of origin originating from other Member States of the European Union and from States which are parties to the EEA Agreement — Administrative fine in the event of failure to surrender certificates — Directive 2001/77/EC — Article 5 — Free movement of goods — Article 28 EC — Articles 11 and 13 of the EEA Agreement — Directive 2003/54/EC — Article 3
Requests for a preliminary ruling from the rechtbank van eerste aanleg te Brussel
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bot delivered on 8 May 2013
ECLI:EU:C:2013:294 |
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Judgment of the Court (Fourth Chamber), 11 September 2014
ECLI:EU:C:2014:2192 |
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Case C‑382/12 P MasterCard and Others v Commission
Appeal — Cross-appeals — Admissibility — Article 81 EC — Open system of payment by debit, charge and credit cards — Multilateral fallback interchange fees — Association of undertakings — Restrictions of competition by effect — Standard of judicial review — Concept of ‘ancillary restriction’ — Objectively necessary and proportionate nature — Appropriate ‘counterfactual hypotheses’ — Two-sided systems — Treatment of annexes to the application at first instance
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 30 January 2014
ECLI:EU:C:2014:42 |
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Judgment of the Court (Third Chamber), 11 September 2014
ECLI:EU:C:2014:2201 |
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Case C‑525/12 Commission v Germany
Failure of a Member State to fulfil obligations — Environment — Directive 2000/60/EC — Framework for Community action in the field of water policy — Recovery of the costs for water services — Concept of ‘water services’
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 22 May 2014
ECLI:EU:C:2014:449 |
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Judgment of the Court (Second Chamber), 11 September 2014
ECLI:EU:C:2014:2202 |
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Case C‑527/12 Commission v Germany
Failure of a Member State to fulfil obligations — State aid incompatible with the internal market — Obligation to recover — Article 108(2) TFEU — Regulation (EC) No 659/1999 — Article 14(3) — Commission decision — Measures to be taken by the Member States
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 13 February 2014
ECLI:EU:C:2014:90 |
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Judgment of the Court (Fifth Chamber), 11 September 2014
ECLI:EU:C:2014:2193 |
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Case C‑19/13 Ministero dell'Interno v Fastweb
Reference for a preliminary ruling — Public procurement — Directive 89/665/EEC — Article 2d(4) — Interpretation and validity — Procedures for review of the award of public supply and public works contracts — Ineffectiveness of the contract — Exception
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Bot delivered on 10 April 2014
ECLI:EU:C:2014:266 |
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Judgment of the Court (Fifth Chamber), 11 September 2014
ECLI:EU:C:2014:2194 |
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Case C‑67/13 P CB v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 81(1) EC — Payment cards system in France — Decision by an association of undertakings — Issuing market — Pricing measures applicable to ‘new entrants’ — Membership fee, mechanism for ‘regulating the acquiring function’ and ‘dormant member “wake-up”’ mechanism — Concept of restriction of competition ‘by object’ — Examination of the degree of harm to competition
Language of the case: French
| Summary |
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Opinion of Advocate General Wahl delivered on 27 March 2014
ECLI:EU:C:2014:1958 |
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Judgment of the Court (Third Chamber), 11 September 2014
ECLI:EU:C:2014:2204 |
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Case C‑88/13 Gruslin v Beobank
Reference for a preliminary ruling — Freedom of establishment — Freedom to provide services — Undertakings for collective investment in transferable securities (UCITS) — Directive 85/611/EEC — Article 45 — Concept of ‘payments to unit-holders’ — Delivery to unit-holders of certificates for registered units
Request for a preliminary ruling from the Cour de cassation (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Jääskinen delivered on 13 February 2014
ECLI:EU:C:2014:79 |
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Judgment of the Court (Second Chamber), 11 September 2014
ECLI:EU:C:2014:2205 |
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Case C‑91/13 Essent Energie Productie v Minister van Sociale Zaken en Werkgelegenheid
EEC-Turkey Association Agreement — Article 41(1) of the Additional Protocol and Article 13 of Decision No 1/80 — Scope — Introduction of new restrictions on the freedom of establishment, the freedom to provide services and the conditions for access to employment — Prohibition — Freedom to provide services — Articles 56 TFEU and 57 TFEU — Posting of workers — Nationals of non-Member States — Requirement for a work permit for the deployment of labour
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bot delivered on 8 May 2014
ECLI:EU:C:2014:312 |
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Judgment of the Court (Second Chamber), 11 September 2014
ECLI:EU:C:2014:2206 |
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Case C‑112/13 A v B and Others
Article 267 TFEU — National constitution — Interlocutory procedure for the mandatory review of constitutionality — Assessment as to whether a national law is consistent both with EU law and with national constitutional law — Jurisdiction and the enforcement of judgments in civil and commercial matters — No known domicile or place of residence of the defendant in the territory of a Member State — Prorogation of jurisdiction where the defendant enters an appearance — Court-appointed representative in absentia for the defendant
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 2 April 2014
ECLI:EU:C:2014:207 |
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Judgment of the Court (Fifth Chamber), 11 September 2014
ECLI:EU:C:2014:2195 |
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Case C‑117/13 Technische Universität Darmstadt v Eugen Ulmer
Reference for a preliminary ruling — Directive 2001/29/EC — Copyright and related rights — Exceptions and limitations — Article 5(3)(n) — Use for the purpose of research or private study of works and other subject-matter — Book made available to individual members of the public by dedicated terminals in publicly accessible libraries — Meaning of work not subject to ‘purchase or licensing terms’ — Right of the library to digitise a work contained in its collection in order to make it available to users by dedicated terminals — Making the work available by dedicated terminals which permit it to be printed out on paper or to be stored on a USB stick
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 5 June 2014
ECLI:EU:C:2014:1795 |
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Judgment of the Court (Fourth Chamber), 11 September 2014
ECLI:EU:C:2014:2196 |
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Case C‑219/13 K Oy
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Article 98(2) — Annex III, point 6 — Reduced rate of VAT applicable only to books printed on paper — Books published on physical supports other than paper subject to the standard rate of VAT — Fiscal neutrality
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 14 May 2014
ECLI:EU:C:2014:321 |
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Judgment of the Court (Third Chamber), 11 September 2014
ECLI:EU:C:2014:2207 |
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Case C‑277/13 Commission v Portugal
Failure of a Member State to fulfil obligations — Directive 96/67/EC — Article 11 — Air transport — Groundhandling service — Selection of suppliers
Language of the case: Portuguese
| Summary |
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Judgment of the Court (First Chamber), 11 September 2014
ECLI:EU:C:2014:2208 |
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Case C‑291/13 Papasavvas v O Fileleftheros Dimosia Etaireia and Others
Reference for a preliminary ruling — Directive 2000/31/EC — Scope — Defamation proceedings
Request for a preliminary ruling from the Eparchiako Dikastirio Lefkosias
Language of the case: Greek
| Summary |
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Judgment of the Court (Seventh Chamber), 11 September 2014
ECLI:EU:C:2014:2209 |
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Case C‑328/13 Österreichischer Gewerkschaftsbund v Wirtschaftskammer Österreich
Reference for a preliminary ruling — Directive 2001/23/EC — Safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses — Obligation on the transferee to maintain the terms and conditions agreed in a collective agreement until the entry into force of another collective agreement — Concept of collective agreement — National legislation providing that a rescinded collective agreement continues to have effect until the entry into force of another collective agreement
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 3 June 2014
ECLI:EU:C:2014:909 |
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Judgment of the Court (Fourth Chamber), 11 September 2014
ECLI:EU:C:2014:2197 |
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Case C‑394/13 Ministerstvo práce a sociálních věcí v B.
Reference for a preliminary ruling — Social security for migrant workers — Regulation (EEC) No 1408/71 and Regulation (EC) No 883/2004 — National legislation applicable — Determination of the competent Member State for the purpose of granting a family benefit — Situation in which a migrant worker and her family live in a Member State in which their centre of interest is located and family benefit has been paid — Application for family benefit in the Member State of origin after entitlement to benefits in the Member State of residence has expired — National legislation of the Member State of origin providing that such benefits are to be granted to any person registered as permanently resident in that State
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Judgment of the Court (Ninth Chamber), 11 September 2014
ECLI:EU:C:2014:2199 |
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Case C‑489/13 Verest and Gerards v Belgische Staat
Reference for a preliminary ruling — Income tax — Legislation for the avoidance of double taxation — Taxation of income from immovable property received in a Member State other than the Member State of residence — Method of exemption with maintenance of progressivity in the Member State of residence — Difference in treatment between immovable property situated in the Member State of residence and in another Member State
Request for a preliminary ruling from the hof van beroep te Antwerpen
Language of the case: Dutch
| Summary |
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Judgment of the Court (Seventh Chamber), 11 September 2014
ECLI:EU:C:2014:2210 |
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Case C‑521/13 P Think Schuhwerk v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) — No distinctive character — Red aglets on shoe laces — Article 122 of the Rules of Procedure of the General Court — Appeal in part manifestly inadmissible and in part manifestly unfounded
Language of the case: German
| Summary |
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Order of the Court (Eighth Chamber), 11 September 2014
ECLI:EU:C:2014:2222 |
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Case C‑441/12 Almer Beheer and Daedalus Holding v Van den Dungen Vastgoed and Oosterhout II
Reference for a preliminary ruling — Company law — Directive 2003/71/EC — Article 3(1) — Obligation to publish a prospectus when securities are offered for sale to the public — Enforced sale of securities
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 19 June 2014
ECLI:EU:C:2014:2026 |
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Judgment of the Court (Second Chamber), 17 September 2014
ECLI:EU:C:2014:2226 |
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Case C‑562/12 Liivimaa Lihaveis v Eesti-Läti
Reference for a preliminary ruling — Structural funds — Regulations (EC) Nos 1083/2006 and 1080/2006 — European Regional Development Fund (ERDF) — Operational programme aiming to promote European territorial cooperation between the Republic of Estonia and the Republic of Latvia — Decision of the monitoring committee rejecting a subsidy — Provision that the decisions of that committee cannot be subject to legal review — Article 267 TFEU — Act adopted by an institution, organ or body of the European Union — Charter of Fundamental Rights of the European Union — Implementation of EU law — Article 47 — Right to effective judicial protection — Right of access to the courts — Determination of which Member State’s courts have jurisdiction to rule on an action
Request for a preliminary ruling from the Tartu ringkonnakohus
Language of the case: Estonian
| Summary |
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Opinion of Advocate General Jääskinen delivered on 13 March 2014
ECLI:EU:C:2014:155 |
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Judgment of the Court (Fourth Chamber), 17 September 2014
ECLI:EU:C:2014:2229 |
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Case C‑3/13 Baltic Agro v Maksu- ja Tolliameti Ida maksu ja tollikeskus
Reference for a preliminary ruling — Anti-dumping — Regulation (EC) No 661/2008 — Definitive anti-dumping duty on imports of ammonium nitrate originating in Russia — Conditions for exemption — Article 3(1) — First independent customer in the European Union — Acquisition of ammonium nitrate fertiliser through another company — Release of the goods — Application for invalidation of the customs declaration — Decision 2008/577/EC — Customs Code — Articles 66 and 220 — Error — Regulation (EEC) No 2454/93 — Article 251 — Post-release verification
Request for a preliminary ruling from the Tartu ringkonnakohus
Language of the case: Estonian
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 3 April 2014
ECLI:EU:C:2014:221 |
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Judgment of the Court (Third Chamber), 17 September 2014
ECLI:EU:C:2014:2227 |
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Case C‑7/13 Skandia America (USA), filial Sverige v Skatteverket
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — VAT group — Internal invoicing for services supplied by a main company with its seat in a third country to its branch belonging to a VAT group within a Member State — Whether services supplied are taxable
Request for a preliminary ruling from the förvaltningsrätten i Stockholm
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Wathelet delivered on 8 May 2014
ECLI:EU:C:2014:311 |
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Judgment of the Court (Second Chamber), 17 September 2014
ECLI:EU:C:2014:2225 |
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Case C‑242/13 Commerz Nederland v Havenbedrijf Rotterdam
Reference for a preliminary ruling — Competition — State aid — Article 107(1) TFEU — Definition of aid — Guarantees provided by a public undertaking to a bank to facilitate lending to third party creditors — Guarantees deliberately provided by the director of that public undertaking in disregard of that undertaking’s statutes — Presumption of opposition by the public body that owns that undertaking — Whether the guarantees may be imputed to the State
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Wathelet, delivered on 8 May 2014
ECLI:EU:C:2014:308 |
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Judgment of the Court (Second Chamber), 17 September 2014
ECLI:EU:C:2014:2224 |
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Case C‑341/13 Cruz & Companhia v IFAP
Reference for a preliminary ruling — Protection of the European Union’s financial interests — Regulation (EC, Euratom) No 2988/95 — Article 3 — Proceedings relating to irregularities — European Agricultural Guidance and Guarantee Fund (EAGGF) — Recovery of export refunds wrongly received — Limitation period — Application of a longer national limitation period — General limitation period — Administrative measures and penalties
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Third Chamber), 17 September 2014
ECLI:EU:C:2014:2230 |
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Case C‑374/12 Valimar v Nachalnik na Mitnitsa Varna
Reference for a preliminary ruling — Dumping — Iron or steel ropes and cables originating in Russia — Regulation (EC) No 384/96 — Articles 2(8) and (9) and 11(2), (3), (9) and (10) — Interim review — Expiry review of the anti-dumping measures — Validity of Regulation (EC) No 1279/2007 — Determination of the export price on the basis of sales to third countries — Reliability of export prices — Taking into consideration of price undertakings — Change in circumstances — Application of a methodology which is different from that used at the time of the original investigation
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 27 February 2014
ECLI:EU:C:2014:118 |
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Judgment of the Court (Second Chamber), 18 September 2014
ECLI:EU:C:2014:2231 |
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Case C‑487/12 Vueling Airlines v Instituto Galego de Consumo de la Xunta de Galicia
Reference for a preliminary ruling — Air Transport — Common rules for the operation of air services in the European Union — Regulation (EC) No 1008/2008 — Pricing freedom — Checking in baggage — Price supplement — Concept of ‘air fares’ — Consumer protection — Imposition of a fine on an air carrier for an unfair contract term — National law requiring the carriage of passenger and checked-in baggage to be included in the base price of a plane ticket — Whether compatible with EU law
Request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo No 1 de Ourense
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Bot delivered on 23 January 2014
ECLI:EU:C:2014:27 |
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Judgment of the Court (Fifth Chamber), 18 September 2014
ECLI:EU:C:2014:2232 |
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Case C‑205/13 Hauck v Stokke and Others
Trade marks — Directive 89/104/EEC — Article 3(1)(e) — Refusal or invalidation of registration — Three-dimensional trade mark — Adjustable ‘Tripp Trapp’ children’s chair — Sign consisting exclusively of the shape which results from the nature of the goods — Sign consisting of the shape which gives substantial value to the goods
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 14 May 2014
ECLI:EU:C:2014:322 |
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Judgment of the Court (Second Chamber), 18 September 2014
ECLI:EU:C:2014:2233 |
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Case C‑549/13 Bundesdruckerei v Stadt Dortmund
Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Restrictions — Directive 96/71/EC — Procedures for the award of public service contracts — National legislation requiring tenderers and their subcontractors to undertake to pay a minimum wage to staff performing the services relating to the public contract — Subcontractor established in another Member State
Request for a preliminary ruling from the Vergabekammer bei der Bezirksregierung Arnsberg
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber), 18 September 2014
ECLI:EU:C:2014:2235 |
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Information (on unpublished decisions)
Case C‑127/12 Commission v Spain
Failure of a Member State to fulfil obligations — Free movement of capital — Articles 21 TFEU and 63 TFEU — EEA Agreement — Articles 28 and 40 — Taxation of successions and donations — Distribution of powers of taxation — Discrimination as between residents and non-residents — Discrimination according to where the immovable property is situated — Burden of proof
Joined Cases C‑94/13 P, C‑95/13 P, C‑136/13 P, C‑174/13 P, C‑180/13 P, C‑191/13 P and C‑246/13 P Cooperativa tra i Lavoratori della Piccola Pesca di Pellestrina and Others v Commission
Appeal — State aid — Aid granted to firms in Venice and Chioggia — Article 181 of the Rules of Procedure of the Court
Case C‑145/13 P Ghezzo Giovanni & C. v Commission
Appeal — State aid — Aid to firms established in Venice and Chioggia — Article 181 of the Rules of Procedure of the Court
Case C‑211/13 Commission v Germany
Failure of a Member State to fulfil obligations — Article 63 TFEU — Free movement of capital — Taxation of inheritances and gifts — National legislation providing for a higher tax-free allowance where the deceased, at the time of death, the donor or beneficiary resided on the territory of the Member State — Subject-matter of the action for annulment — Restriction — Justification
Joined Cases C‑227/13 P to C‑239/13 P Albergo Quattro Fontane and Others v Commission
Appeals — State aid — Aid to firms in Venice and Chioggia — Article 181 of the Rules of Procedure of the Court of Justice
Case C‑288/13 P Rütgers Germany and Others v ECHA
Appeals — Article 181 of the Rules of Procedure of the Court — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 59 and Annex XIII — Identification of anthracene oil as a substance of very high concern, to be made subject to the authorisation procedure — Equal treatment
Case C‑289/13 P Cindu Chemicals and Others v ECHA
Appeals — Article 181 of the Rules of Procedure of the Court — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 59 and Annex XIII — Identification of anthracene oil, anthracene low, as a substance of very high concern, to be made subject to the authorisation procedure — Equal treatment
Case C‑290/13 P Rütgers Germany and Others v ECHA
Appeals — Article 181 of the Rules of Procedure of the Court — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 59 and Annex XIII — Identification of anthracene oil (anthracene paste) as a substance of very high concern to be made subject to the authorisation procedure — Equal treatment
Case C‑351/13 Commission v Greece
Failure of a Member State to fulfil obligations — Directive 1999/74/EC — Articles 3 and 5(2) — Rearing of laying hens — Unenriched cages — Prohibition — Rearing of laying hens in cages which do not comply with the requirements of that directive
Case C‑509/13 P Metropolis Inmobiliarias y Restauraciones v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Application for registration of a figurative mark with the word element ‘METRO’ in blue and yellow — Opposition by the proprietor of the coloured Community figurative mark containing the word ‘GRUPOMETROPOLIS’ — Rejection of the opposition
Case C‑150/14 P Goldsteig Käsereien Bayerwald v OHIM
Appeal — Community trade mark — Figurative mark containing the word element ‘goldstück’ — Opposition of the proprietor of the Community word mark GOLDSTEIG — Article 8(1)(b) of Regulation (EC) No 207/2009 — No likelihood of confusion — Rejection of the opposition — Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded
Case C‑152/14 Autorità per l'energia elettrica e il gas v Bertazzi and Others
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Fixed-term employment contracts in the public sector — Stabilisation procedure — Recruitment of workers employed for a fixed term as career civil servants without a public competition — Determination of length of service — Complete disregard of periods of service completed under fixed-term employment contracts — Principle of non-discrimination
Case C‑204/14 Szabó v Nemzeti Adó- és Vámhivatal Közép-dunántúli Regionális Adó Főigazgatósága
Reference for a preliminary ruling — Tax debts accumulated by a commercial company — Director of that company could not be recruited to be a director of another company — Article 53(2) of the Rules of Procedure of the Court of Justice — Interpretation requested of provisions of EU law that are inapplicable — Manifest lack of jurisdiction of the Court — Hypothetical questions — Manifest inadmissibility
Case C‑602/12 P Gem-Year and Jinn-Well Auto-Parts (Zhejiang) v Council
Appeal — Dumping — Regulation (EC) No 384/96 — First indent of Article 2(7)(c) — Regulation (EC) No 2026/97 — Regulation (EC) No 91/2009 — Imports of certain iron or steel fasteners originating in the People’s Republic of China — Market economy treatment — Costs of major inputs substantially reflecting market values — State subsidy for the steel sector in general — Effect
Joined Cases C‑308/13 P and C‑309/13 Italiana Calzature v OHIM
Appeals — Community trade marks — Regulation (EC) No 40/94 — Registration of figurative marks containing the word elements ‘GIUSEPPE ZANOTTI DESIGN’ and ‘BY GIUSEPPE ZANOTTI’ — Opposition by the proprietor of word and figurative, national and community trade marks containing the word element ‘ZANOTTI’ — Opposition dismissed by the Board of Appeal
Case C‑199/14 Kárász v Nyugdíjfolyósító Igazgatóság
Reference for a preliminary ruling — Article 17 of the Charter of Fundamental Rights of the European Union — Implementation of EU law — Lack of implementation — Clear lack of jurisdiction of the Court
Case C‑138/14 P Faktor B. i W. Gęsina v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Actions for annulment — Original copy of the application lodged at the Registry of the General Court after the deadline set — Postal delay — Notions of ʻforce majeure and unforeseen circumstances’ — Appeal, in part, manifestly unfounded and, in part, manifestly inadmissible
October 2014
Case C‑393/13 P Council v Alumina
Appeal — Dumping — Implementing Regulation (EU) No 464/2011 — Importation of zeolite A powder originating in Bosnia and Herzegovina — Regulation (EC) No 1225/2009 — Article 2 — Determination of the normal value — Concept of ‘ordinary course of trade’
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 17 July 2014
ECLI:EU:C:2014:2105 |
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Judgment of the Court (Second Chamber) 1 October 2014
ECLI:EU:C:2014:2245 |
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Case C‑436/13 E. v B.
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 2201/2003 — Articles 8, 12 and 15 — Jurisdiction in matters of parental responsibility — Proceedings relating to the custody of a child habitually resident in the Member State of residence of his mother — Prorogation of jurisdiction in favour of a court of the Member State of residence of the father — Scope
Request for a preliminary ruling from the Court of Appeal (England and Wales) (Civil division)
Language of the case: English
| Summary |
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Judgment of the Court (Second Chamber), 1 October 2014
ECLI:EU:C:2014:2246 |
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Case C‑426/12 X v Voorzitter van het managementteam van het onderdeel Belastingdienst/Z van de rijksbelastingdienst
Reference for a preliminary ruling — Directive 2003/96/EC — Taxation of energy products and electricity — Article 2(4)(b) — Dual use of energy products — Concept
Request for a preliminary ruling from the Gerechtshof ’s-Hertogenbosch
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 22 May 2014
ECLI:EU:C:2014:446 |
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Judgment of the Court (Fourth Chamber), 2 October 2014
ECLI:EU:C:2014:2247 |
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Case C‑47/13 Grund v Landesamt für Landwirtschaft
Reference for a preliminary ruling — Common agricultural policy — Common rules for direct support schemes — Single payment scheme — Definition of ‘permanent pasture’ — Land used to grow grass and other herbaceous forage not part of the system of crop rotation of the holding for a minimum of five years — Land ploughed up and sown with a type of herbaceous forage other than that previously grown on it during that period
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 30 April 2014
ECLI:EU:C:2014:293 |
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Judgment of the Court (Second Chamber), 2 October 2014
ECLI:EU:C:2014:2248 |
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Case C‑101/13 U v Stadt Karlsruhe
Area of freedom, security and justice — Regulation (EC) No 2252/2004 — Document 9303 of the International Civil Aviation Organisation (ICAO), Part 1 — Minimum security standards for passports and travel documents issued by the Member States — Machine readable passport — Inclusion of the birth name on the personal data page of the passport — Name to appear in a form not liable to give rise to confusion
Request for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 30 April 2014
ECLI:EU:C:2014:296 |
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Judgment of the Court (Fourth Chamber), 2 October 2014
ECLI:EU:C:2014:2249 |
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Case C‑127/13 P Strack v Commission
Appeal — Right to be heard — Right to be heard by a court or tribunal established in accordance with the law — Access to documents held by the institutions — Partial refusal to grant the appellant access to the documents concerned — Initial refusal — Implied decision deemed to exist — Replacement of an implied refusal by express decisions — Interest in bringing proceedings after the adoption of the express refusals — Exceptions to the right of access to documents — Safeguarding the interests of good administration — Protection of personal data and commercial interests
Language of the case: German
| Summary |
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Opinion of Advocate General Kokott delivered on 22 May 2014
ECLI:EU:C:2014:455 |
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Judgment of the Court (Second Chamber), 2 October 2014
ECLI:EU:C:2014:2250 |
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Case C‑254/13 Orgacom v Vlaamse Landmaatschappij
Reference for a preliminary ruling — Charges having equivalent effect to customs duties — Internal taxes — Import levy on manure imported into the Flanders region — Articles 30 TFEU and 110 TFEU — Levy payable by the importer — Different levies on imported manure and manure produced within the Flanders region
Request for a preliminary ruling from the hof van beroep te Brussel
Language of the case: Dutch
| Summary |
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Judgment of the Court (Seventh Chamber), 2 October 2014
ECLI:EU:C:2014:2251 |
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Case C‑446/13 Fonderie 2A v Ministre de l'Économie et des Finances
Reference for a preliminary ruling — Sixth VAT Directive — Article 8(1)(a) — Determination of the place of supply of goods — Supplier established in a Member State other than the Member State in which the person to whom the goods are supplied is established — Processing of the goods in the Member State where the person to whom the goods are supplied is established
Request for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 3 July 2014
ECLI:EU:C:2014:2047 |
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Judgment of the Court (Second Chamber), 2 October 2014
ECLI:EU:C:2014:2252 |
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Case C‑525/13 Vlaams Gewest v Van Den Broeck
Reference for a preliminary ruling — Common agricultural policy — Regulation (EC) No 2419/2001 — Integrated administration and control system for certain aid schemes — Area aid application — Article 33 — Penalties — Irregularities committed intentionally
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
| Summary |
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Judgment of the Court (Ninth Chamber) 2 October 2014
ECLI:EU:C:2014:2254 |
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Case C‑399/12 Germany v Council
Action for annulment — EU external action — Article 218(9) TFEU — Establishing the position to be adopted on behalf of the European Union in a body set up by an international agreement — International agreement to which the European Union is not a party — International Organisation of Vine and Wine (OIV) — ‘Acts having legal effects’ — OIV recommendations
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 29 April 2014
ECLI:EU:C:2014:289 |
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Judgment of the Court (Grand Chamber), 7 October 2014
ECLI:EU:C:2014:2258 |
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Case C‑326/12 van Caster and van Caster v Finanzamt Essen-Süd
Reference for a preliminary ruling — Free movement of capital — Article 63 TFEU — Taxation of income from investment funds — Investment fund’s obligations to communicate and publish certain information — Flat-rate taxation of income from investment funds which do not comply with communication and publication obligations
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet, delivered on 21 November 2013
ECLI:EU:C:2013:757 |
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Judgment of the Court (First Chamber), 9 October 2014
ECLI:EU:C:2014:2269 |
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Case C‑222/13 TDC v Erhvervsstyrelsen
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/22/EC — Article 32 — Additional mandatory services — Compensation mechanism for the cost associated with providing those services — Meaning of ‘court or tribunal’ for the purposes of Article 267 TFEU — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Teleklagenævnet
Language of the case: Danish
| Summary |
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Opinion of Advocate General Bot delivered on 12 June 2014
ECLI:EU:C:2014:1979 |
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Judgment of the Court (Third Chamber), 9 October 2014
ECLI:EU:C:2014:2265 |
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Case C‑268/13 Petru v Casa Judeţeană de Asigurări de Sănătate Sibiu and Casa Naţională de Asigurări de Sănătate
Reference for a preliminary ruling — Social security — Article 22(2), second subparagraph, of Regulation (EEC) No 1408/71 — Health insurance — Hospital treatment provided in another Member State — Prior authorisation refused — Lack of medication and basic medical supplies and infrastructure
Request for a preliminary ruling from the Tribunalul Sibiu
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 19 June 2014
ECLI:EU:C:2014:2023 |
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Judgment of the Court (Third Chamber), 9 October 2014
ECLI:EU:C:2014:2271 |
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Case C‑299/13 Gielen v Ministerraad
Taxation — Directive 2008/7/EC — Articles 5(2) and 6 — Indirect taxes on the raising of capital — Tax on the conversion of bearer securities into registered securities or dematerialised securities
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
| Summary |
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Judgment of the Court (Fifth Chamber), 9 October 2014
ECLI:EU:C:2014:2266 |
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Case C‑428/13 Ministero dell'Economia e delle Finanze and AAMS v Yesmoke Tobacco
Reference for a preliminary ruling — Tax provisions — Harmonisation of laws — Directives 95/59/EC and 2011/64/EU — Structure and rates of excise duty applied to manufactured tobacco — Establishment of an excise duty — Principle establishing one rate of excise duty for all cigarettes — Possibility for the Member States of establishing a minimum amount of excise duty — Cigarettes in the lowest price category — National legislation — Specific category of cigarettes — Excise duty set at 115%
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Fifth Chamber), 9 October 2014
ECLI:EU:C:2014:2263 |
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Case C‑492/13 Traum v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling — Taxation — VAT — Directive 2006/112/EC — Article 138(1) — Exemptions for intra-Community transactions — Purchaser not registered for VAT purposes — Whether the vendor is required to establish the authenticity of the signature of the purchaser or his representative — Principles of proportionality, legal certainty and protection of legitimate expectations — Direct effect
Request for a preliminary ruling from the Administrativen sad Varna
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Fifth Chamber), 9 October 2014
ECLI:EU:C:2014:2267 |
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Case C‑522/13 Ministerio de Defensa and Navantia v Concello de Ferrol
Reference for a preliminary ruling — Competition — State aid — Article 107(1) TFEU — Concept of ‘State aid’ — Property tax on immovable property — Tax exemption
Request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo No 1 de Ferrol
Language of the case: Spanish
| Summary |
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Judgment of the Court (Seventh Chamber), 9 October 2014
ECLI:EU:C:2014:2262 |
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Case C‑541/13 Douane Advies Bureau Rietveld v Hauptzollamt Hannover
Reference for a preliminary ruling — Customs union and common customs tariff — Tariff classification — Heading 3822 — Concept of ‘diagnostic or laboratory reagents’ — Indicators of exposure to a predetermined target temperature
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber), 9 October 2014
ECLI:EU:C:2014:2270 |
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Case C‑565/13 Criminal proceedings against Ahlström and Others
Reference for a preliminary ruling — External relations — Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco — Exclusion of any possibility for Community vessels to carry out fishing activities in Moroccan fishing zones on the basis of a licence issued by the Moroccan authorities without the intervention of the competent European Union authorities
Request for a preliminary ruling from the Hovrätten för Västra Sverige
Language of the case: Swedish
| Summary |
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Judgment of the Court (Third Chamber), 9 October 2014
ECLI:EU:C:2014:2273 |
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Case C‑376/14 PPU C v M
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in civil matters — Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility — Regulation (EC) No 2201/2003 — Wrongful retention — Habitual residence of the child
Request for a preliminary ruling, from the Supreme Court (Ireland)
Language of the case: English
| Summary |
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View of Advocate General Szpunar delivered on 24 September 2014
ECLI:EU:C:2014:2275 |
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Judgment of the Court (Third Chamber), 9 October 2014
ECLI:EU:C:2014:2268 |
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Case C‑611/12 P Giordano v Commission
Appeals — Common fisheries policy — Fishing quotas — Emergency measures adopted by the Commission — Non-contractual liability of the European Union — Second paragraph of Article 340 TFEU — Conditions — Actual and certain harm — Individual fishing rights
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 20 March 2014
ECLI:EU:C:2014:195 |
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Judgment of the Court (Grand Chamber), 14 October 2014
ECLI:EU:C:2014:2282 |
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Case Opinion 1/13 Opinion pursuant to Article 218(11) TFUE
Opinion pursuant to Article 218(11) TFEU - Convention on the civil aspects of international child abduction - Accession of third States - Regulation (EC) No 2201/2003 - Exclusive external competence of the European Union - Risk of undermining the uniform and consistent application of EU rules and the proper functioning of the system which they establish
Language of the case: French
| Summary |
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View of Advocate General Jääskinen delivered on 13 May 2014
ECLI:EU:C:2014:2292 |
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Opinion of the Court (Grand Chamber) of 14 October 2014
ECLI:EU:C:2014:2303 |
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Joined Cases C‑12/13 P and C‑13/13 P Buono and Others v Commission
Appeals — Common fisheries policy — Fishing quotas — Emergency measures adopted by the Commission — Non-contractual liability of the European Union — Second paragraph of Article 340 TFEU — Conditions — Actual and certain harm
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 20 March 2014
ECLI:EU:C:2014:194 |
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Judgment of the Court (Grand Chamber), 14 October 2014
ECLI:EU:C:2014:2284 |
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Case C‑417/12 P Denmark v Commission
Appeals — EAGGF — Setting-aside of land — Remote-sensing controls — Green cover of parcels set aside — Financial corrections
Language of the case: Danish
| Summary |
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Opinion of Advocate General Jääskinen delivered on 30 April 2014
ECLI:EU:C:2014:286 |
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Judgment of the Court (First Chamber), 15 October 2014
ECLI:EU:C:2014:2288 |
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Case C‑65/13 Parliament v Commission
Action for annulment — Regulation (EU) No 492/2011 — Implementing Decision 2012/733/EU — EURES network — Implementing power of the European Commission — Scope — Article 291(2) TFEU
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 10 July 2014
ECLI:EU:C:2014:2071 |
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Judgment of the Court (Second Chamber), 15 October 2014
ECLI:EU:C:2014:2289 |
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Case C‑221/13 Mascellani v Ministero della Giustizia
Reference for a preliminary ruling — Social policy — Directive 97/81/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Conversion of part-time employment relationship to full-time employment relationship without the worker’s consent
Request for a preliminary ruling from the Tribunale ordinario di Trento
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wahl delivered on 22 May 2014
ECLI:EU:C:2014:479 |
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Judgment of the Court (Third Chamber), 15 October 2014
ECLI:EU:C:2014:2286 |
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Case C‑331/13 Nicula v Administraţia Finanţelor Publice a Municipiului Sibiu and Administraţia Fondului pentru Mediu
Reference for a preliminary ruling — Repayment of taxes levied by a Member State in breach of EU law
Request for a preliminary ruling from the Tribunalul Sibiu
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Wathelet delivered on 15 May 2014
ECLI:EU:C:2014:332 |
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Judgment of the Court (Grand Chamber), 15 October 2014
ECLI:EU:C:2014:2285 |
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Case C‑561/13 Hoštická and Others v Česká republika — Ministerstvo zemědělství
Reference for a preliminary ruling — Common agricultural policy — Support schemes — Establishment of support schemes in the new Member States — Regulation (EC) No 1782/2003 — Article 143ba — Regulation (EC) No 73/2009 — Article 126 — Separate sugar payment — Decoupling of that payment from production — Meaning of ‘the criteria adopted by the relevant Member States in 2006 and 2007’ — Representative period
Request for a preliminary ruling from the Obvodní soud pro Prahu 1
Language of the case: Czech
| Summary |
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Judgment of the Court (Ninth Chamber), 15 October 2014
ECLI:EU:C:2014:2287 |
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Case C‑246/14 De Bellis and Others v INPDAP
Reference for a preliminary ruling — Principle of the protection of legitimate expectations — National legislation providing for a reduction in pension entitlements with retroactive effect — Purely internal situation — Clear lack of jurisdiction of the Court
Request for a preliminary ruling from the Corte dei conti, sezione giurisdizionale per la Regione Puglia
Language of the case: Italian
| Summary |
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Order of the Court (Fifth Chamber), 15 October 2014
ECLI:EU:C:2014:2291 |
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Case C‑605/12 Welmory v Dyrektor Izby Skarbowej w Gdańsku
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Article 44 — Concept of ‘fixed establishment’ of the recipient of a supply of services — Place where services are deemed to be supplied to taxable persons — Intra-Community transaction
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Opinion of Advocate General Kokott delivered on 15 May 2014
ECLI:EU:C:2014:340 |
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Judgment of the Court (Third Chamber) 16 October 2014
ECLI:EU:C:2014:2298 |
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Case C‑334/13 Nordex Food v Hauptzollamt Hamburg-Jonas
Reference for a preliminary ruling — Agriculture — Regulation (EC) No 800/1999 — Export refunds — Regulation (EC) No 1291/2000 — System of export licences — Export declaration submitted without an export licence — Period granted by the customs office of export — Customs documents proving the arrival of the exported goods in the country of destination — Forged documents — Rectification of irregularities — Application of the penalty referred to in Article 51 of Regulation (EC) No 800/1999
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber), 16 October 2014
ECLI:EU:C:2014:2294 |
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Case C‑387/13 VAEX Varkens- en Veehandel v Productschap Vee en Vlees
Reference for a preliminary ruling — Agriculture — Regulation (EC) No 612/2009 — Export refunds — Regulation (EC) No 376/2008 — System of export licences — Export declaration submitted before the export licence was issued — Export carried out during the period of validity of the export licence — Rectification of irregularities
Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
| Summary |
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Judgment of the Court (Sixth Chamber), 16 October 2014
ECLI:EU:C:2014:2296 |
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Case C‑453/13 Newby Foods v Food Standards Agency
Protection of health — Regulation (EC) No 853/2004 — Hygiene rules for food of animal origin — Annex I, points 1.14 and 1.15 — Concepts of ‘mechanically separated meat’ and ‘meat preparations’ — Regulation (EC) No 999/2001 — Prevention, control and eradication of certain transmissible spongiform encephalopathies — Consumer protection — Directive 2000/13/EC — Labelling and presentation of foodstuffs
Request for a preliminary ruling from the High Court of Justice (England and Wales), Queen’s Bench Division (Administrative Court)
Language of the case: English
| Summary |
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Judgment of the Court (Tenth Chamber), 16 October 2014
ECLI:EU:C:2014:2297 |
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Case C‑665/13 Sindicato Nacional dos Profissionais de Seguros e Afins v Via Directa
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure — Charter of Fundamental Rights of the European Union — Principles of equal treatment and non-discrimination — National legislation establishing salary reductions for certain public sector employees — No implementation of EU law — Clear lack of jurisdiction of the Court
Request for a preliminary ruling from the Tribunal do Trabalho de Lisboa
Language of the case: Portuguese
| Summary |
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Order of the Court (Sixth Chamber), 21 October 2014
ECLI:EU:C:2014:2327 |
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Case C‑252/13 Commission v Netherlands
Failure of a Member State to fulfil obligations — Directives 2002/73/EC and 2006/54/EC — Equal treatment for men and women — Employment and occupation — Access to employment — Return from maternity leave — Formal requirements for the application initiating proceedings — Coherent summary of the pleas — Unambiguous wording of the form of order sought
Language of the case: Dutch
| Summary |
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Judgment of the Court (Sixth Chamber), 22 October 2014
ECLI:EU:C:2014:2312 |
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Joined Cases C‑344/13 and C‑367/13 Blanco and Fabretti v Agenzia delle Entrate – Direzione Provinciale I di Roma – Ufficio Controlli
Reference for a preliminary ruling — Freedom to provide services — Restrictions — Tax legislation — Income from winnings from games of chance — Difference in taxation between winnings obtained abroad and those from national casinos
Requests for a preliminary ruling from the commissione tributaria provinciale di Roma
Language of the case: Italian
| Summary |
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Judgment of the Court (Third Chamber), 22 October 2014
ECLI:EU:C:2014:2311 |
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Case C‑429/13 P Spain v Commission
Appeal — Cohesion fund — Reduction of financial assistance — Irregularities in the application of the public procurement legislation — Adoption of the decision by the European Commission — Failure to comply with the time-limit — Consequences
Language of the case: Spanish
| Summary |
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Judgment of the Court (Sixth Chamber), 22 October 2014
ECLI:EU:C:2014:2310 |
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Affaire C‑139/14 Mineralquelle Zurzach v Hauptzollamt Singen
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Classification of goods — Tariff heading 2202 10 00 — Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured — Tariff heading 2202 9010 11 — Fruit or vegetable juice diluted with water or aerated water
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
| Summary |
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Order of the Court (Sixth Chamber) 22 October 2014
ECLI:EU:C:2014:2313 |
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Joined Cases C‑359/11 and C‑400/11 Schulz v Technische Werke Schussental and Egbringhoff v Stadtwerke Ahaus
Reference for a preliminary ruling — Directives 2003/54/EC and 2003/55/EC — Consumer protection — Internal market in electricity and natural gas — National legislation determining the content of consumer contracts covered by a universal supply obligation — Unilateral adjustment of the price of the service by the seller or supplier — Information, with adequate notice before the adjustment comes into effect, as to the reasons and preconditions for that adjustment and its scope
Requests for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 8 May 2014
ECLI:EU:C:2014:319 |
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Judgment of the Court (Fourth Chamber), 23 October 2014
ECLI:EU:C:2014:2317 |
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Case C‑104/13 Olainfarm v Latvijas Republikas Veselības ministrija and Zāļu valsts aģentūra
Reference for a preliminary ruling — Approximation of laws — Industrial policy — Directive 2001/83/EC — Medicinal products for human use — Article 6 — Marketing authorisation — Article 8(3)(i) — Requirement to attach to the application for authorisation the results of pharmaceutical pre-clinical tests and clinical trials — Derogations relating to pre-clinical tests and clinical trials — Article 10 — Generic medicinal products — Concept of ‘reference medicinal product’ — Whether the holder of a marketing authorisation for a reference medicinal product has an individual right to oppose the marketing authorisation of a generic of the reference product — Article 10a — Medicinal products of which the active substances have been in well-established medicinal use within the European Union for at least 10 years — Whether it is possible to use a medicinal product for which authorisation has been granted on the basis of the derogation provided for in Article 10a as a reference medicinal product for the purpose of obtaining a marketing authorisation for a generic product
Request for a preliminary ruling from the Augstākās Tiesas Senāts
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Wahl delivered on 20 May 2014
ECLI:EU:C:2014:342 |
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Judgment of the Court (Fifth Chamber), 23 October 2014
ECLI:EU:C:2014:2316 |
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Case C‑302/13 flyLAL-Lithuanian Airlines v Starptautiskā lidosta and Air Baltic Corporation
Reference for a preliminary ruling — Regulation (EC) No 44/2001 — Article 31 — Request for recognition and enforcement of a judgment ordering provisional or protective measures — Article 1(1) — Scope — Civil and commercial matters — Concept — Claim for compensation in respect of damage resulting from alleged infringements of EU competition law — Reductions in airport charges — Article 22(2) — Exclusive jurisdiction — Concept — Dispute in proceedings concerning companies or other legal persons or associations of natural or legal persons — Decision granting reductions — Article 34(1) — Grounds for refusal of recognition — Public policy in the State in which recognition is sought
Request for a preliminary ruling from the Augstākās Tiesas Senāts
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Kokott delivered on 3 July 2014
ECLI:EU:C:2014:2046 |
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Judgment of the Court (Third Chamber), 23 October 2014
ECLI:EU:C:2014:2319 |
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Affaire C‑305/13 Haeger & Schmidt v MMA IARD and Others
Reference for a preliminary ruling — Rome Convention on the law applicable to contractual obligations — Article 4(1), (2), (4) and (5) — Law applicable by default — Commission contract for the carriage of goods — Contract for the carriage of goods
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Judgment of the Court (Third Chamber), 23 October 2014
ECLI:EU:C:2014:2320 |
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Case C‑437/13 Unitrading v Staatssecretaris van Financiën
Reference for a preliminary ruling — Community Customs Code — Recovery of import duties — Origin of goods — Means of proof — Charter of Fundamental Rights of the European Union — Article 47 — Rights of the defence — Right to effective judicial protection — Procedural autonomy of the Member States
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Sixth Chamber), 23 October 2014
ECLI:EU:C:2014:2318 |
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Information (on unpublished decisions)
Case C‑478/13 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 2001/18/EC — Deliberate release into the environment of genetically modified organisms (GMOs) — Placing on the market — Article 31(3)(b) — Locations of GMO crops — Obligation to inform the competent authorities — Obligation to establish a public register — Cooperation in good faith
Case C‑501/13 P Page Protective Services v EEAS
Appeal — Action for annulment — Period allowed for commencing proceedings — Public service contracts — Restricted call for tenders concerning the provision of security services to the EU delegation in Lebanon — Rejection of the applicant’s request to participate — Appeal manifestly unfounded
Case C‑91/14 P Przedsiębiorstwo Handlowe Medox Lepiarz, Lepiarz v OHIM
Appeal — Community trade mark — Figurative mark SUPER GLUE — Opposition of the proprietor of the earlier Benelux word mark SUPERGLUE — Refusal of registration
Case C‑467/13 P ICF v Commission
Appeals — Agreements, decisions and concerted practices — World market in aluminium fluoride — Rights of the defence — Content of the statement of objections — Calculation of the amount of the fine — 2006 Guidelines for the calculation of fines — Point 18 — Total value of sales of goods or services in relation to the infringement — Obligation to state reasons — Reasonable time period — Reduction of the amount of the fine
Case C‑641/13 P Spain v Commission
Appeals — Cohesion fund — Reduction of financial assistance — Public works contracts — Directive 93/37/EEC — Award criteria — Experience of previous works — Criteria for qualitative selection
Case C‑171/14 P Calvi v European Court of Human Rights
Appeal — Action seeking the annulment of a decision of the European Court of Human Rights declaring inadmissible an action brought against a decision of a national court
Case C‑323/13 Commission v Italy
Failure of a Member State to fulfil obligations — Environment — Directives 1999/31/EC and 2008/98/EC — Management plan — Adequate and integrated network of disposal installations — Obligation to put in place waste treatment providing the best result for human health and environmental protection
Joined Cases C‑471/09 P-DEP to C‑473/09 P-DEP Comunidad Autónoma de la Rioja v Diputación Foral de Vizcaya and Others
Taxation of costs
Cases C‑474/09 P-DEP to C‑476/09 P-DEP Comunidad Autónoma de la Rioja v Diputación Foral de Vizcaya and Others
Taxation of costs
Case C‑100/13 Commission v Germany
Failure of a Member State to fulfil obligations — Free movement of goods — Rules of a Member State requiring that certain construction products bearing the ‘CE’ conformity marking conform to additional national standards — Lists of construction rules (‘Bauregellisten’)
Case C‑273/13 P Poland v Commission
Appeal — EAGGF, EAGF and EAFRD — Expenditure excluded from Community financing — Expenditure incurred by the Republic of Poland
Case C‑348/13 BestWater International v Mebes and Potsch
Reference for a preliminary ruling — Approximation of laws — Copyright and related rights — Directive 2001/29/EC — Information society — Harmonisation of certain aspects of copyright and related rights — Article 3(1) — Communication to the public — Definition — Internet links giving access to protected works — Use of the ‘framing’ technique
Case C‑669/13 P Mundipharma v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Application for registration of word mark Maxigesic — Opposition of the proprietor of the earlier word mark OXYGESIC — Refusal of registration
Case C‑275/13 Elcogás v Administración del Estado and Iberdrola
Reference for a preliminary ruling — State aid — Concept of State intervention or through State resources — Companies which own electricity generating plants — Extraordinary financing
Case C‑466/13 P Case C-466/13 P Repsol v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Relative ground for refusal — Likelihood of confusion — Figurative sign representing the letter ‘R’
Case C‑620/13 P British Telecommunications v Commission
Appeal — State aid — Exemption of a pension fund from the obligation to pay a contribution to a pension protection fund in respect of certain employees — Selective nature of the measure
November 2014
Case C‑476/12 Österreichischer Gewerkschaftsbund v Verband Österreichischer Banken und Bankiers
Reference for a preliminary ruling — Social policy — Framework Agreement on part-time work — Principle of non-discrimination — Collective agreement providing for a dependent child allowance — Calculation of allowance paid to part-time workers in accordance with the principle of pro rata temporis
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 13 February 2014
ECLI:EU:C:2014:89 |
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Judgment of the Court (First Chamber), 5 November 2014
ECLI:EU:C:2014:2332 |
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Case C‑103/13 Somova v Glaven director na Stolichno upravlenie ‘Sotsialno osiguryavane’
Reference for a preliminary ruling — Social security — Regulation (EEC) No 1408/71 — Articles 12, 45, 46 and 94 — National legislation making the grant of a pension subject to a condition that old-age insurance contributions be discontinued — Purchase of missing periods of insurance in return for the payment of contributions — Overlapping of periods of insurance in several Member States — Possibility for the insured person to waive the rule relating to the aggregation of periods of contribution and insurance — Cancellation of the pension granted and recovery of any overpayment — Requirement to pay interest
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Wathelet delivered on 5 March 2014
ECLI:EU:C:2014:122 |
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Judgment of the Court (First Chamber), 5 November 2014
ECLI:EU:C:2014:2334 |
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Case C‑137/13 Herbaria Kräuterparadies v Freistaat Bayern
Reference for a preliminary ruling — Agriculture — Common agricultural policy — Organic production and labelling of organic products — Regulation (EC) No 889/2008 — Article 27(1)(f) — Use of certain products and certain substances in the processing of foodstuffs — Prohibition of the use of minerals, vitamins, amino acids and micronutrients where not legally required — Addition of ferrous gluconate and vitamins to an organic beverage — Use of minerals, vitamins, amino acids and micronutrients — Quantities required to allow sale as a food supplement, with a nutrition or health claim or as a foodstuff for a particular nutritional use
Request for a preliminary ruling from the Bayerisches Verwaltungsgericht München
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 8 May 2014
ECLI:EU:C:2014:318 |
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Judgment of the Court (Fifth Chamber), 5 November 2014
ECLI:EU:C:2014:2335 |
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Case C‑166/13 Mukarubega v Préfet de police and Préfet de la Seine-Saint-Denis
Reference for a preliminary ruling — Visas, asylum, immigration and other policies related to free movement of persons — Directive 2008/115/EC — Return of illegally staying third-country nationals — Procedure for the adoption of a return decision — Principle of respect for the rights of the defence — Right of an illegally staying third-country national to be heard before the adoption of a decision liable to affect her interests — Administrative authority refusing to grant such a national a resident permit as an asylum applicant and imposing an obligation to leave the territory — Right to be heard before the return decision is issued
Request for a preliminary ruling from the tribunal administratif de Melun
Language of the case: French
| Summary |
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Opinion of Advocate General Wathelet delivered on 25 June 2014
ECLI:EU:C:2014:2031 |
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Judgment of the Court (Fifth Chamber), 5 November 2014
ECLI:EU:C:2014:2336 |
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Case C‑311/13 Tümer v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen
Protection of employees in the event of the employer’s insolvency — Directive 80/987/EEC — Employee who is a third-country national and who does not hold a valid residence permit — Refusal to grant an insolvency benefit
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bot delivered on 12 June 2014
ECLI:EU:C:2014:1997 |
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Judgment of the Court (Fifth Chamber), 5 November 2014
ECLI:EU:C:2014:2337 |
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Case C‑402/13 Cypra v Kypriaki Dimokratia
Reference for a preliminary ruling — Agriculture — Animal health — Regulation (EC) No 854/2004 — Products of animal origin intended for human consumption — Official controls — Appointment of an official veterinarian — Slaughter of animals
Request for a preliminary ruling from the Anotato Dikastirio Kyprou
Language of the case: Greek
| Summary |
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Judgment of the Court (First Chamber), 5 November 2014
ECLI:EU:C:2014:2333 |
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Case C‑4/13 Agentur für Arbeit Krefeld v Fassbender-Firman
Social security — Regulation (EEC) No 1408/71 — Family benefits — Rules governing cases of overlapping entitlements to family benefits
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 10 April 2014
ECLI:EU:C:2014:262 |
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Judgment of the Court (Fifth Chamber), 6 November 2014
ECLI:EU:C:2014:2344 |
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Case C‑42/13 Cartiera dell’Adda v CEM Ambiente
Public procurement — Principles of equal treatment and transparency –Directive 2004/18/EC — Grounds for excluding a tenderer from participating — Article 45 — The personal situation of the candidate or tenderer — Compulsory statement concerning the person designated as ‘technical director’ — Statement not included with the tender — Exclusion from the contract without any possibility of remedying that omission
Request for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia
Language of the case: Italian
| Summary |
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Judgment of the Court (Tenth Chamber), 6 November 2014
ECLI:EU:C:2014:2345 |
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Case C‑108/13 Mac v Ministère de l'Agriculture, de l'Agroalimentaire et de la Forêt
Free movement of goods — Quantitative restrictions — Measures having equivalent effect — Plant protection products — Marketing authorisation — Parallel import — Requirement for a marketing authorisation granted in accordance with Directive 91/414/EEC in the exporting State
Request for a preliminary ruling from the Conseil d’État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 22 May 2014
ECLI:EU:C:2014:354 |
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Judgment of the Court (Fifth Chamber), 6 November 2014
ECLI:EU:C:2014:2346 |
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Case C‑335/13 Feakins v The Scottish Ministers
Reference for a preliminary ruling — Common agricultural policy — Single payment scheme — Commission Regulation (EC) No 795/2004 — Article 18(2) — National reserve — Exceptional circumstances — Principle of equal treatment
Request for a preliminary ruling from the Scottish Land Court
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 19 June 2014
ECLI:EU:C:2014:2014 |
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Judgment of the Court (First Chamber), 6 November 2014
ECLI:EU:C:2014:2343 |
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Case C‑395/13 Commission v Belgium
Failure of a Member State to fulfil obligations — Urban waste water — Directive 91/271/EEC — Articles 3 and 4 — Obligation to collect — Obligation to treat
Language of the case: French
| Summary |
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Judgment of the Court (Fifth Chamber), 6 November 2014
ECLI:EU:C:2014:2347 |
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Case C‑546/13 Agenzia delle Dogane and Ufficio di Verona dell’Agenzia delle Dogane v ADL
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Common Customs Tariff — Tariff classification — Combined Nomenclature — Headings 8471 and 8518 — Loudspeakers reproducing sound by transforming an electromagnetic signal into sound waves, which can be connected only to a computer and marketed separately
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Judgment of the Court (Tenth Chamber), 6 November 2014
ECLI:EU:C:2014:2348 |
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Case C‑366/14 Herrenknecht v Hév-Sugár
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Manifest inadmissibility — Absence of sufficient information concerning the factual background and the reasons justifying the need for an answer to the question referred for a preliminary ruling
Request for a preliminary ruling from the Budapesti XX., XXI. és XXIII. kerületi bíróság
Language of the case: Hungarian
| Summary |
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Order of the Court (Eighth Chamber), 6 November 2014
ECLI:EU:C:2014:2353 |
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Case C‑333/13 Dano and Dano v Jobcenter Leipzig
Reference for a preliminary ruling — Free movement of persons — Citizenship of the Union — Equal treatment — Economically inactive nationals of a Member State residing in the territory of another Member State — Exclusion of those persons from special non-contributory cash benefits under Regulation (EC) No 883/2004 — Directive 2004/38/EC — Right of residence for more than three months — Articles 7(1)(b) and 24 — Condition requiring sufficient resources
Request for a preliminary ruling from the Sozialgericht Leipzig
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 20 May 2014
ECLI:EU:C:2014:341 |
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Judgment of the Court (Grand Chamber), 11 November 2014
ECLI:EU:C:2014:2358 |
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Case C‑530/13 Schmitzer v Bundesministerin für Inneres
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(1) and (2)(a) — Article 6(1) — Discrimination based on age — National legislation under which inclusion of periods of study and service completed before the age of 18 for the purpose of determining remuneration is subject to an extension of the periods for advancement — Justification — Whether appropriate for the purpose of achieving the objective pursued — Possibility of challenging the extension of the periods for advancement
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Grand Chamber), 11 November 2014
ECLI:EU:C:2014:2359 |
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Case C‑580/12 P Guardian Industries and Guardian Europe v Commission
Appeal — Agreements, decisions and concerted practices — Market for flat glass in the European Economic Area (EEA) — Price fixing — Calculation of the amount of the fine — Inclusion of an undertaking’s internal sales — Reasonable time — Admissibility of documents produced with a view to the General Court hearing
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 29 April 2014
ECLI:EU:C:2014:272 |
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Judgment of the Court (Third Chamber), 12 November 2014
ECLI:EU:C:2014:2363 |
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Case C‑140/13 Altmann and Others v Bundesanstalt für Finanzdienstleistungsaufsicht
Reference for a preliminary ruling — Approximation of laws — Directive 2004/39/EC — Article 54 — Obligation of professional secrecy incumbent on national financial supervisory authorities — Information concerning a fraudulent investment firm in compulsory liquidation
Request for a preliminary ruling from the Verwaltungsgericht Frankfurt am Main
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 4 September 2014
ECLI:EU:C:2014:2168 |
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Judgment of the Court (Second Chamber), 12 November 2014
ECLI:EU:C:2014:2362 |
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Case C‑656/13 L v M
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Jurisdiction in matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 12(3) — Child whose parents are not married — Prorogation of jurisdiction — No other related proceedings pending — Acceptance of jurisdiction — Challenge to the jurisdiction of a court by a party who has made an application to that court
Request for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
| Summary |
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Judgment of the Court (Third Chamber), 12 November 2014
ECLI:EU:C:2014:2364 |
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Case C‑416/13 Vital Pérez v Ayuntamiento de Oviedo
Reference for a preliminary ruling — Social policy — Equal treatment in employment and occupation — Charter of Fundamental Rights of the European Union — Article 21 — Directive 2000/78/EC — Articles 2(2), 4(1) and 6(1) — Discrimination on grounds of age — National provision — Condition of recruitment of local police officers — Fixing of a maximum age of 30 — Justification
Request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo No 4 de Oviedo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 17 July 2014
ECLI:EU:C:2014:2109 |
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Judgment of the Court (Second Chamber), 13 November 2014
ECLI:EU:C:2014:2371 |
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Case C‑443/13 Reindl v Bezirkshauptmannschaft Innsbruck
Reference for a preliminary ruling — Approximation of laws on animal health — Regulation (EC) No 2073/2005 — Annex I — Microbiological criteria applicable to foodstuffs — Salmonella in fresh poultry meat — Failure to comply with microbiological criteria found at the distribution stage — National legislation imposing a penalty on a food business operator active only at the stage of retail sale — Compatibility with EU law — Effective, dissuasive and proportionate nature of the penalty
Request for a preliminary ruling from the Unabhängiger Verwaltungssenat in Tirol
Language of the case: German
| Summary |
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Judgment of the Court (Fourth Chamber), 13 November 2014
ECLI:EU:C:2014:2370 |
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Case C‑447/13 P Nencini v Parliament
Appeal — Member of the European Parliament — Allowances to cover costs incurred in the exercise of parliamentary duties — Recovery of undue payments — Recovery — Limitation — Reasonable time
Language of the case: Italian
| Summary |
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Opinion of Advocate General Szpunar delivered on 19 June 2014
ECLI:EU:C:2014:2022 |
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Judgment of the Court (Second Chamber), 13 November 2014
ECLI:EU:C:2014:2372 |
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Case C‑394/14 Siewert v Condor Flugdienst
Reference for a preliminary ruling — Rules of Procedure — Article 99 — Air transport — Regulation (EC) No 261/2004 — Long delay to a flight — Passengers’ right to compensation — Conditions exempting an air carrier from its obligation to pay compensation — Notion of ‘extraordinary circumstances’ — Aircraft damaged by a set of mobile boarding stairs in the course of a preceding flight
Request for a preliminary ruling from the Amtsgericht Rüsselsheim
Language of the case: German
| Summary |
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Order of the Court (Fifth Chamber), 14 November 2014
ECLI:EU:C:2014:2377 |
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Case C‑404/13 ClientEarth v The Secretary of State for the Environment, Food and Rural Affairs
Reference for a preliminary ruling — Environment — Air quality — Directive 2008/50/EC — Limit values for nitrogen dioxide — Obligation to apply for postponement of the deadline by submitting an air quality plan — Penalties
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
| Summary |
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Judgment of the Court (Second Chamber), 19 November 2014
ECLI:EU:C:2014:2382 |
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Case C‑310/13 Novo Nordisk Pharma v S
Reference for a preliminary ruling — Directive 85/374/EEC — Consumer protection — Liability for defective products — Material scope of the directive — Special liability system existing on the date of notification of that directive — Permissibility of a national liability system enabling information on the adverse effects of pharmaceutical products to be obtained
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 11 June 2014
ECLI:EU:C:2014:1825 |
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Judgment of the Court (Fourth Chamber), 20 November 2014
ECLI:EU:C:2014:2385 |
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Case C‑666/13 Rohm Semiconductor v Hauptzollamt Krefeld
Reference for a preliminary ruling — Customs union — Tariff classification — Common Customs Tariff — Combined Nomenclature — Headings 8541 and 8543 — Modules for short-range data transmission and reception — Subheadings 8543 89 95 and 8543 90 80 — Definition of parts of electrical machinery and apparatus
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber), 20 November 2014
ECLI:EU:C:2014:2388 |
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Case C‑40/14 Direction générale des douanes et droits indirects and Others v Utopia
Reference for a preliminary ruling — Customs union and Common Customs Tariff — Importation free of customs duties — Animals specially prepared for laboratory use — Public establishment or an authorised private establishment — Importer whose customers are such establishments — Packing materials or packing containers — Cages used for transportation of animals
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Judgment of the Court (Eighth Chamber), 20 November 2014
ECLI:EU:C:2014:2389 |
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Joined Cases C‑103/12 and C‑165/12 Parliament and Commission v Council
Actions for annulment — Decision 2012/19/EU — Legal basis — Article 43(2) and (3) TFEU — Bilateral agreement authorising utilisation of the surplus of allowable catch — Choice of the third country that the European Union authorises to utilise living resources — Exclusive economic zone — Policy decision — Fixing fishing opportunities
Language of the case: French
| Summary |
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Opinion of Advocate General Sharpston delivered on 15 May 2014
ECLI:EU:C:2014:334 |
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Judgment of the Court (Grand Chamber), 26 November 2014
ECLI:EU:C:2014:2400 |
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Joined Cases C‑22/13, C‑61/13 to C‑63/13 and C‑418/13 Mascolo and Others v Ministero dell'Istruzione, dell'Università e della Ricerca and Comune di Napoli
References for a preliminary ruling — Social policy — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Successive fixed-term employment contracts — Education — Public sector — Temporary replacements in respect of posts that are vacant and unfilled, pending the completion of competitive selection procedures — Clause 5(1) — Measures to prevent the misuse of fixed-term contracts — Concept of ‘objective reasons’ justifying such contracts — Penalties — Prohibition of conversion into an employment relationship of indefinite duration — No right to compensation for damage
Requests for a preliminary ruling from the Tribunale di Napoli and the Corte costituzionale
Language of the case: Italian
| Summary |
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Opinion of Advocate General Szpunar delivered on 17 July 2014
ECLI:EU:C:2014:2103 |
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Judgment of the Court (Third Chamber), 26 November 2014
ECLI:EU:C:2014:2401 |
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Case C‑66/13 Green Network v Autorità per l'energia elettrica e il gas
Reference for a preliminary ruling — National support scheme for the consumption of electricity produced from renewable energy sources — Obligation of electricity producers and importers to feed into the national grid a certain quantity of electricity produced from renewable energy sources or, failing that, to purchase ‘green certificates’ from the competent authority — Evidence of such feeding into the grid requiring certificates to be submitted demonstrating the green origin of electricity produced or imported — Acceptance of certificates issued in a third State subject to the conclusion of a bilateral agreement between that third State and the Member State concerned or an agreement between the national grid manager and an equivalent authority of that third State — Directive 2001/77/EC — External competence of the Community — Cooperation in good faith
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Bot delivered on 13 March 2014
ECLI:EU:C:2014:156 |
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Judgment of the Court (Fourth Chamber), 26 November 2014
ECLI:EU:C:2014:2399 |
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Information (on unpublished decisions)
Case C‑254/14 VG Vodoopskrba v Vladika
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Community action in the field of water policy — Directive 2000/60/EC — Price to the consumer — Whether fixed costs can be invoiced — Facts preceding the accession of the Republic of Croatia to the European Union — Clear lack of jurisdiction of the Court
Case C‑356/14 Hunland-Trade v Földművelésügyi Miniszter
Reference for a preliminary ruling — Articles 53(2) and 94 of the Rules of Procedure of the Court of Justice — Insufficiently detailed information as regards the factual and legislative context of the dispute in the main proceedings — Manifest inadmissibility
Case C‑385/13 P Italy v Commission
Appeal — European Regional Development Fund (ERDF) — Campania Regional Operational Programme (ROP) 2000‑2006 — Regulation (EC) No 1260/1999 — Article 32(3)(f) — Infringement procedure in respect of the Italian Republic concerning waste management in the Campania region — Decision not to make interim payments in connection with the ROP measure concerning waste management and disposal
Case C‑610/13 P Netherlands v Commission
Appeal — EAGGF, EAGF and EAFRD — Expenditure excluded from EU financing — Expenditure incurred by the Netherlands
Case C‑170/14 P Big Line v Demon International
Appeals — Community trade mark — Figurative mark containing the word element ‘DEMON’ — Application for a declaration of invalidity made by the proprietor of the international word mark DEMON — Rejection by the Board of Appeal of the application for a declaration of invalidity
Case C‑190/14 Commission v Denmark
Failure of a Member State to fulfil obligations — Directive 2000/60/EC — EU water policy — River basin management plans — Publication — Failure to notify the European Commission
Case C‑243/14 Krikorian and Others
Article 267 TFEU — Direct application by the parties — Clear lack of jurisdiction of the Court
Case C‑112/14 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Freedom of establishment — Free movement of capital — Articles 49 TFEU and 63 TFEU — Articles 31 and 40 of the EEA Agreement — National tax legislation — Attribution of gains to participators in close companies — Different treatment of resident and non-resident companies — Wholly artificial constructions — Proportionality
Case C‑356/13 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources — Inadequate definition of waters which are polluted or are vulnerable to pollution — Inadequate classification of vulnerable zones — Action programmes — Deficient measures
Joined Cases C‑581/13 P and C‑582/13 P) Intra-Presse v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Article 8(5) — Word mark GOLDEN BALLS — Opposition by the proprietor of the earlier Community word mark BALLON D’OR — Relevant public — Similarity of the signs — Likelihood of confusion
December 2014
Joined Cases C‑148/13 to C‑150/13 A and Others v Staatssecretaris van Veiligheid en Justitie
References for a preliminary ruling — Area of freedom, security and justice — Directive 2004/83/EC — Minimum standards for granting refugee status or subsidiary protection status — Article 4 — Assessment of facts and circumstances — Methods of assessment — Acceptance of certain types of evidence — Extent of the competent national authority’s powers — Fear of persecution on grounds of sexual orientation — Differences between, on the one hand, the limitations that apply to the verification of statements and documentary or other evidence as regards the declared sexual orientation of an applicant for asylum and, on the other hand, those that apply to the verification of those elements as regards other grounds for persecution — Directive 2005/85/EC — Minimum standards in respect of procedures in Member States for granting and withdrawing refugee status — Article 13 — Requirements for a personal interview — Charter of Fundamental Rights of the European Union — Article 1 — Human dignity — Article 7 — Respect for private and family life
Requests for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 17 July 2014
ECLI:EU:C:2014:2111 |
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Judgment of the Court (Grand Chamber), 2 December 2014
ECLI:EU:C:2014:2406 |
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Case C‑196/13 Commission v Italy
Failure of a Member State to fulfil obligations — Directives 75/442/EEC, 91/689/EEC and 1999/31/EC — Waste management — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Financial penalties — Penalty payment — Lump sum payment
Language of the case: Italian
| Summary |
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Opinion of Advocate General Kokott, delivered on 4 September 2014
ECLI:EU:C:2014:2162 |
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Judgment of the Court (Grand Chamber), 2 December 2014
ECLI:EU:C:2014:2407 |
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Case C‑378/13 Commission v Greece
Failure of a Member State to fulfil obligations — Directive 75/442/EEC — Waste management — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Financial penalties — Lump sum payment and penalty payment
Language of the case: Greek
| Summary |
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Judgment of the Court (Grand Chamber), 2 December 2014
ECLI:EU:C:2014:2405 |
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Case C‑315/13 Criminal proceedings against De Clercq and Others
Reference for a preliminary ruling — Freedom to provide services — Articles 56 TFEU and 57 TFEU — Directive 96/71/EC — Article 3(1) and (10) — Directive 2006/123/EC — Article 19 — National legislation requiring the person to whom posted employees or trainees are deployed to declare those who are unable to submit the acknowledgement of receipt of the declaration which should have been made to the host Member State by their employer established in another Member State — Criminal penalty
Request for a preliminary ruling from the rechtbank van eerste aanleg te Mechelen
Language of the case: Dutch
| Summary |
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Judgment of the Court (Third Chamber), 3 December 2014
ECLI:EU:C:2014:2408 |
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Case C‑431/14 P-R Greece v Commission
Interim measures — Appeal — Application for suspension of operation of a judgment dismissing an action for annulment — Application essentially seeking suspension of operation of the decision which is the subject of that action — Prima facie case — State aid — Exceptional circumstances resulting from the financial crisis — Definition of ‘aid’ — Compatibility with the internal market — Statement of reasons
Language of the case: Greek
| Summary |
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Order of the Vice-President of the Court, 3 December 2014
ECLI:EU:C:2014:2418 |
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Case C‑295/13 H v K
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Jurisdiction of the courts of a Member State in which insolvency proceedings have been opened for an action in respect of insolvency against a defendant domiciled in a non-member State — Action brought against the managing director of a company for reimbursement of payments made after that company has become insolvent or after it has been established that its liabilities exceed its assets
Request for preliminary ruling from the Landgericht Darmstadt
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber), 4 December 2014
ECLI:EU:C:2014:2410 |
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Case C‑413/13 FNV Kunsten Informatie en Media v Staat der Nederlanden
Reference for a preliminary ruling — Competition — Article 101 TFEU — Substantive scope — Collective labour agreement — Provision laying down minimum rates for independent service providers — Definition of ‘undertaking’ — Definition of ‘employee’
Request for a preliminary ruling from the Gerechtshof te ’s-Gravenhage
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Wahl delivered on 11 September 2014
ECLI:EU:C:2014:2215 |
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Judgment of the Court (First Chamber), 4 December 2014
ECLI:EU:C:2014:2411 |
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Case C‑261/13 P Schönberger v Parliament
Appeal — Petition addressed to the European Parliament — Decision to file the petition — Action for annulment — Concept of a ‘challengeable act’
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 17 July 2014
ECLI:EU:C:2014:2107 |
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Judgment of the Court (Grand Chamber), 9 December 2014
ECLI:EU:C:2014:2423 |
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Case C‑678/11 Commission v Spain
Failure of a Member State to fulfil obligations — Article 56 TFEU and Article 36 of the EEA Agreement — Services offered in Spain by pension funds and insurance companies established in another Member State — Occupational pension schemes — Obligation to designate a tax representative resident in Spain — Restrictive nature — Justification — Effective fiscal supervision and prevention of tax avoidance — Proportionality
Language of the case: Spanish
| Summary |
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Judgment of the Court (Fifth Chamber), 11 December 2014
ECLI:EU:C:2014:2434 |
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Case C‑113/13 Azienda sanitaria locale n. 5 ‘Spezzino’ and Others v San Lorenzo and Croce Verde Cogema cooperativa sociale Onlus
Reference for a preliminary ruling — Ambulance services — National legislation reserving ambulance services for public health establishments to registered voluntary associations fulfilling the legal requirements on a preferential basis — Compatibility with EU law — Public procurement — Articles 49 TFEU and 56 TFEU — Directive 2004/18/EC — Mixed services, covered both by Annex II A and Annex II B to Directive 2004/18 — Article 1(2)(a) and (d) — Concept of ‘public service contracts’ — Pecuniary nature — Consideration consisting in the reimbursement of expenses incurred
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wahl delivered on 30 April 2014
ECLI:EU:C:2014:291 |
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Judgment of the Court (Fifth Chamber), 11 December 2014
ECLI:EU:C:2014:2440 |
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Case C‑128/13 Cruz & Companhia v IFAP and Caixa Central
Reference for a preliminary ruling — Agriculture — Regulation (EEC) No 3665/87 — Articles 4(1) and 13 — Regulation (EEC) No 2220/85 — Article 19(1)(a) — Export refunds — Advance payments on refunds — Conditions for the release of the guarantee furnished to ensure the repayment of the advance
Request for a preliminary ruling from the Tribunal da Relação de Lisboa
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Fifth Chamber), 11 December 2014
ECLI:EU:C:2014:2432 |
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Case C‑212/13 Ryneš v Úřad pro ochranu osobních údajů
Reference for a preliminary ruling — Directive 95/46/EC — Protection of individuals — Processing of personal data — Concept of ‘in the course of a purely personal or household activity’
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Opinion of Advocate General Jääskinen delivered on 10 July 2014
ECLI:EU:C:2014:2072 |
|
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Judgment of the Court (Fourth Chamber), 11 December 2014
ECLI:EU:C:2014:2428 |
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Case C‑249/13 Boudjlida v Préfet des Pyrénées-Atlantiques
Reference for a preliminary ruling — Visas, asylum, immigration and other policies related to free movement of persons — Directive 2008/115/EC — Return of illegally staying third-country nationals — Principle of respect for the rights of the defence — Right of an illegally staying third-country national to be heard before the adoption of a decision liable to affect his interests — Return decision — Right to be heard before the return decision is issued — Extent of that right
Request for a preliminary ruling from the tribunal administratif de Pau
Language of the case: French
| Summary |
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Opinion of Advocate General Wathelet delivered on 25 June 2014
ECLI:EU:C:2014:2032 |
|
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Judgment of the Court (Fifth Chamber), 11 December 2014
ECLI:EU:C:2014:2431 |
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Case C‑440/13 Croce Amica One Italia v AREU
Reference for a preliminary ruling — Public services contracts — Directive 2004/18/EC — Directive 89/665/EEC — Personal situation of the candidate or tenderer — Provisional award of the contract — Criminal investigations initiated in respect of the legal representative of the successful tenderer — Decision by the contracting authority not to proceed with the definitive award of the contract and to withdraw the invitation to tender — Judicial review
Request for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia
Language of the case: Italian
| Summary |
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Judgment of the Court (Fifth Chamber), 11 December 2014
ECLI:EU:C:2014:2435 |
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Case C‑590/13 Idexx Laboratories Italia v Agenzia delle Entrate
Reference for a preliminary ruling — Indirect taxation — VAT — Sixth Directive — Articles 18 and 22 — Right to deduct — Intra-Community acquisitions — Reverse charge procedure — Substantive requirements — Formal requirements — Failure to comply with the formal requirements
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Judgment of the Court (Eighth Chamber), 11 December 2014
ECLI:EU:C:2014:2429 |
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Case Opinion 2/13 Opinion pursuant to Article 218(11) TFUE
Opinion pursuant to Article 218(11) TFEU — Draft international agreement — Accession of the European Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms — Compatibility of the draft agreement with the EU and FEU Treaties
Language of the case: French
| Summary |
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View of Advocate General Kokott delivered on 13 June 2014
ECLI:EU:C:2014:2475 |
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Opinion of the Court (Full Court) of 18 December 2014
ECLI:EU:C:2014:2454 |
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Case C‑81/13 United Kingdom v Council
Actions for annulment — Coordination of social security systems — EEC‑Turkey Association Agreement — Council decision on the position to be taken on behalf of the European Union within the Association Council — Choice of legal basis — Article 48 TFEU — Article 79(2)(b) TFEU — Article 217 TFEU
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 17 July 2014
ECLI:EU:C:2014:2114 |
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Judgment of the Court (Grand Chamber), 18 December 2014
ECLI:EU:C:2014:2449 |
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Case C‑87/13 Staatssecretaris van Financiën v X
Reference for a preliminary ruling — Freedom of establishment — Tax legislation — Income tax — Non-resident taxpayer — Deductibility of costs relating to a historic building occupied by its owner — Costs not deductible in respect of a historic building solely on the ground that it is not listed in the State of taxation, whereas it is listed in the State of residence
Request for preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 4 September 2014
ECLI:EU:C:2014:2164 |
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Judgment of the Court (Second Chamber), 18 December 2014
ECLI:EU:C:2014:2459 |
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Joined Cases C‑131/13, C‑163/13 and C‑164/13 Staatssecretaris van Financiën v Schoenimport ‘Italmoda’ Mariano Previti and Turbu.com and Turbu.com Mobile Phone’s v Staatssecretaris van Financiën
References for a preliminary ruling — VAT — Sixth Directive — Transitional arrangements for trade between Member States — Goods dispatched or transported within the Community — Tax evasion carried out in the Member State of arrival — Evasion taken into account in the Member State of dispatch — Refusal of the benefit of rights to deduction, exemption or refund — Absence of provisions in national law
Requests for preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 11 September 2014
ECLI:EU:C:2014:2217 |
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Judgment of the Court (First Chamber), 18 December 2014
ECLI:EU:C:2014:2455 |
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Case C‑133/13 Staatssecretaris van Economische Zaken and Staatssecretaris van Financiën v Q
Reference for a preliminary ruling — Free movement of capital — Tax legislation — Gift tax — Exemption in respect of an ‘estate’ — No exemption in respect of property situated in the territory of another Member State
Request for a preliminary ruling from the Raad van State (Netherlands)
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 2 October 2014
ECLI:EU:C:2014:2255 |
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Judgment of the Court (Second Chamber), 18 December 2014
ECLI:EU:C:2014:2460 |
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Case C‑202/13 McCarthy and Others v Secretary of State for the Home Department
Citizenship of the European Union — Directive 2004/38/EC — Right of citizens of the Union and their family members to move and reside freely within the territory of a Member State — Right of entry — Third-country national who is a family member of a Union citizen and in possession of a residence card issued by a Member State — National legislation requiring an entry permit to be obtained prior to entry into national territory — Article 35 of Directive 2004/38/EC — Article 1 of the Protocol (No 20) on the application of certain aspects of Article 26 of the Treaty on the Functioning of the European Union to the United Kingdom and to Ireland
Request for a preliminary ruling from the High Court of Justice of England and Wales, Queen’s Bench Division (Administrative Court)
Language of the case: English
| Summary |
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Opinion of Advocate General Szpunar delivered on 20 May 2014
ECLI:EU:C:2014:345 |
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Judgment of the Court (Grand Chamber), 18 December 2014
ECLI:EU:C:2014:2450 |
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Case C‑306/13 LVP v Belgische Staat
Reference for a preliminary ruling — Common organisation of the markets — Bananas — System of importation — Applicable tariff rates
Request for a preliminary ruling from the rechtbank van eerste aanleg te Brussel
Language of the case: Dutch
| Summary |
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Judgment of the Court (Fifth Chamber), 18 December 2014
ECLI:EU:C:2014:2465 |
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Case C‑354/13 FOA v KL
Reference for a preliminary ruling — Social policy — Dismissal — Grounds for dismissal — Obesity of the worker — General principle of non-discrimination on grounds of obesity — No such general principle — Directive 2000/78/EC — Equal treatment in employment and occupation — Prohibition of any discrimination based on a disability — Whether a ‘disability’ exists
Request for a preliminary ruling from the retten i Kolding
Language of the case: Danish
| Summary |
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Opinion of Advocate General Jääskinen delivered on 17 July 2014
ECLI:EU:C:2014:2106 |
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Judgment of the Court (Fourth Chamber), 18 December 2014
ECLI:EU:C:2014:2463 |
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Case C‑364/13 International Stem Cell Corporation v Comptroller General of Patents, Designs and Trade Marks
Reference for a preliminary ruling — Directive 98/44/EC — Article 6(2)(c) — Legal protection of biotechnological inventions — Parthenogenetic activation of oocytes — Production of human embryonic stem cells — Patentability — Exclusion of ‘uses of human embryos for industrial or commercial purposes’ — Concepts of ‘human embryo’ and ‘organism capable of commencing the process of development of a human being’
Request for a preliminary ruling from the High Court of Justice (England & Wales), Chancery Division (Patents Court)
Language of the case: English
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 17 July 2014
ECLI:EU:C:2014:2104 |
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Judgment of the Court (Grand Chamber), 18 December 2014
ECLI:EU:C:2014:2451 |
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Joined Cases C‑400/13 and C‑408/13 Sanders v Verhaegen and Huber v Huber
Reference for a preliminary ruling — Area of freedom, security and justice — Cooperation in civil matters — Regulation No 4/2009 — Article 3 — Jurisdiction to rule on an action relating to a maintenance obligation in respect of a person resident in another Member State — National legislation establishing a centralisation of jurisdiction
Requests for a preliminary ruling from the Amtsgericht Düsseldorf and the Amtsgericht Karlsruhe
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 4 September 2014
ECLI:EU:C:2014:2171 |
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Judgment of the Court (Third Chamber), 18 December 2014
ECLI:EU:C:2014:2461 |
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Case C‑434/13 P Commission v Parker Hannifin Manufacturing and Parker-Hannifin
Appeals — Agreements, decisions and concerted practices — European market for marine hoses — Succession of legal entities — Attributability of unlawful conduct — Reduction of the fine by the General Court — Unlimited jurisdiction
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 4 September 2014
ECLI:EU:C:2014:2165 |
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Judgment of the Court (First Chamber), 18 December 2014
ECLI:EU:C:2014:2456 |
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Case C‑449/13 CA Consumer Finance v Bakkaus and Others
Reference for a preliminary ruling — Consumer protection — Consumer credit — Directive 2008/48/EC — Pre-contractual information duties — Obligation to check the borrower’s creditworthiness — Burden of proof — Methods of proof
Request for a preliminary ruling from the Tribunal d’instance d’Orléans
Language of the case: French
| Summary |
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Opinion of Advocate General Wahl delivered on 11 September 2014
ECLI:EU:C:2014:2213 |
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Judgment of the Court (Fourth Chamber), 18 December 2014
ECLI:EU:C:2014:2464 |
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Case C‑470/13 Generali-Providencia Biztosító v Közbeszerzési Hatóság Közbeszerzési Döntőbizottság
Reference for a preliminary ruling — Public procurement — Contracts falling below the threshold laid down in Directive 2004/18/EC — Articles 49 TFEU and 56 TFEU — Applicability — Certain cross-border interest — Grounds for exclusion from a tendering procedure — Exclusion of an economic operator having committed an infringement of national competition rules, established by a judgment given not more than five years ago — Lawfulness — Proportionality
Request for preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Tenth Chamber), 18 December 2014
ECLI:EU:C:2014:2469 |
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Case C‑523/13 Larcher v Deutsche Rentenversicherung Bayern Süd
Reference for a preliminary ruling — Social security for migrant workers — Article 45 TFEU — Article 3(1) of Regulation (EEC) No 1408/71 — Old-age benefits — Principle of non-discrimination — Worker who, prior to retirement, has participated, in a Member State, in a part-time work scheme for older employees — Consideration for entitlement to an old-age pension in another Member State
Request for a preliminary ruling from the Bundessozialgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 8 October 2014
ECLI:EU:C:2014:2260 |
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Judgment of the Court (First Chamber), 18 December 2014
ECLI:EU:C:2014:2458 |
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Case C‑542/13 M'Bodj v État belge
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Article 19(2) — Directive 2004/83/EC –– Minimum standards for determining who qualifies for refugee status or subsidiary protection status — Person eligible for subsidiary protection — Article 15(b) — Torture or inhuman or degrading treatment or punishment of an applicant in the country of origin — Article 3 — More favourable standards — Applicant suffering from a serious illness — No appropriate treatment available in the country of origin — Article 28 — Social protection — Article 29 — Health care
Request for a preliminary ruling from the Cour constitutionnelle (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Bot delivered on 17 July 2014
ECLI:EU:C:2014:2113 |
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Judgment of the Court (Grand Chamber), 18 December 2014
ECLI:EU:C:2014:2452 |
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Case C‑551/13 SETAR v Comune di Quartu S. Elena
Reference for a preliminary ruling — Directive 2008/98/EC — Article 15 — Waste management — Possibility for the waste producer to carry out the waste treatment independently — National transposition law adopted, but not yet in force — Expiry of the transposition period — Direct effect
Request for a preliminary ruling from the Commissione tributaria provinciale di Cagliari
Language of the case: Italian
| Summary |
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Judgment of the Court (Sixth Chamber), 18 December 2014
ECLI:EU:C:2014:2467 |
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Case C‑562/13 Centre public d'action sociale d'Ottignies-Louvain-La-Neuve v Abdida
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Articles 19(2) and 47 — Directive 2004/83/EC — Minimum standards for determining who qualifies for refugee status or subsidiary protection status — Person eligible for subsidiary protection — Article 15(b) — Torture or inhuman or degrading treatment or punishment of an applicant in the country of origin — Article 3 — More favourable standards — Applicant suffering from a serious illness — No appropriate treatment available in the country of origin — Directive 2008/115/EC — Return of illegally staying third-country nationals — Article 13 — Judicial remedy with suspensive effect — Article 14 — Safeguards pending return — Basic needs
Request for a preliminary ruling from the Cour du travail de Bruxelles
Language of the case: French
| Summary |
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Opinion of Advocate General Bot delivered on 4 September 2014
ECLI:EU:C:2014:2167 |
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Judgment of the Court (Grand Chamber), 18 December 2014
ECLI:EU:C:2014:2453 |
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Case C‑568/13 Azienda Ospedaliero-Universitaria di Careggi-Firenze v Data Medical Service
Reference for a preliminary ruling — Public service contracts — Directive 92/50/EEC — Articles 1(c) and 37 — Directive 2004/18/EC — First subparagraph of Article 1(8) and Article 55 — Concepts of ‘service provider’ and ‘economic operator’ — Public university hospital — Entity with legal personality and business and organisational autonomy — Principally non-profit-making activity — Institutional purpose of offering health services — Possibility of offering similar services on the market — Admission to participate in a tendering procedure for the award of a public contract
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Fifth Chamber), 18 December 2014
ECLI:EU:C:2014:2466 |
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Case C‑599/13 Somvao v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Protection of the European Union’s financial interests — Regulation (EC, Euratom) No 2988/95 — Article 4 — General budget of the European Union — Regulation (EC, Euratom) No 1605/2002 — Article 53b(2) — Decision 2004/904/EC — European Refugee Fund for the period 2005-2010 — Article 25(2) — Legal basis of the obligation to recover funds in the event of an irregularity
Request for a preliminary ruling from the Raad van State (Netherlands)
Language of the case: Dutch
| Summary |
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Judgment of the Court (Third Chamber), 18 December 2014
ECLI:EU:C:2014:2462 |
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Information (on unpublished decisions)
Case C‑313/14 Asprod v Dyrektor Izby Celnej w Szczecinie
Directive 92/83/EEC — Harmonisation of the structures of excise duties on alcohol and alcoholic beverages — Article 27(1)(f) — Exemption from the harmonised excise duty — Confectionary — Obligation to obtain a decision from the tax administration fixing the maximum limits for use of those products
Case C‑243/13 Commission v Sweden
Failure of a Member State to fulfil obligations — Environment — Directive 2008/1/EC — Integrated pollution prevention and control — Existing installation — Authorisation procedure — Procedures under way — Judgment of the Court establishing a failure to fulfil obligations — Non-implementation — Article 260(2) TFEU — Pecuniary penalties — Lump sum — Penalty payment
Case C‑304/13 APIA – Centrul Judeţean Timiş v Curtea de Conturi a României and Camera de Conturi a Judeţului Timiş
Agriculture — Common agricultural policy — Regulation (EC) No 1782/2003 — Direct support schemes — Conditions for the granting of the complementary national direct payments — Condition not provided for by EU legislation — Condition relating to the absence of debt falling due to the State budget and/or local budget on the date of submission of the application for aid — Not permissible
Case C‑384/13 Estación de Servicio Pozuelo 4 v GALP Energía España SAU
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Agreements, decisions and concerted practices — Article 81 EC — Exclusive distribution agreement for motor-vehicle fuels and other fuels — Regulation (EEC) No 1984/83 — Article 12(2) — Regulation (EC) No 2790/1999 — Articles 4(a) and 5(a) — Period of exclusivity — Agreement of minor importance
Case C‑513/13 P Spain v Commission
Appeal — Cohesion Fund — Project concerning the drainage and purification of the urban water of Zaragoza (Spain) — Reduction in the financial assistance — Existence of a time-limit — Failure to comply with the prescribed time-limit — Consequences
Case C‑202/14 Adiamix v Direction départementale des finances publiques de l'Orne
Reference for a preliminary ruling — State aid — Regulation (EC) No 659/1999 — Article 1(b)(v) — Tax exemption scheme for undertakings taking over a firm in difficulty — Commission decision declaring an aid scheme incompatible with the internal market — Recovery of individual aid granted under an aid scheme — Assessment of the validity of the Commission decision — Concepts of ‘existing aid’ and ‘new aid’
Case C‑259/14 P ADR Center v Commission
Appeal — Contracts for projects on the mediation procedure — Decision to proceed with partial recovery of an advance payment made to the appellant company following an audit — Inadmissibility of the action — Legal representation — Lawyer who is not a third party in relation to the appellant
Case C‑576/13 Commission v Spain
Failure of a Member State to fulfil obligations — Article 49 TFEU — Freedom of establishment — Dock-work undertakings — Management of workers for the provision of cargo-handling services — Prohibition on using workers on the employment market
Case C‑677/13 Commission v Greece
Failure of a Member State to fulfil obligations — Environment — Directive 1999/31/EC — Articles 6(a), 8, 9(a) to (c), 11(1) and 12 — Directive 2008/98/EC — Articles 13, 23 and 36(1) — Waste management — Placing of waste in landfill — No valid landfill authorisation — Malfunctions in the operation of the landfill site
Case C‑31/14 P OHIM v Kessel medintim
Appeal — Community trade mark — Opposition proceedings — Application for registration of the word mark Premeno — Opposition from the proprietor of the earlier national word mark Pramino — Limitation of the goods designated in the Community trade mark application — Regulation (EC) No 207/2009 — Article 43(1)
Case C‑70/14 Agrocaramulo – Empreendimentos Agro-Pecuários do Caramulo v IFAP
Reference for a preliminary ruling — Regulation (EEC) No 3846/87 — Agriculture — Common organisation of the markets — Export refunds — Poultry meat — ‘Cull hens’ — Agricultural product nomenclature for export refunds — Classification
Case C‑86/14 León Medialdea v Ayuntamiento de Huétor Vega
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Successive fixed-term contracts in the public sector — Clause 3.1 — Definition of ‘fixed-term worker’ — Clause 5.1 — Measures to prevent the abusive use of successive fixed-term employment contracts or relationships — Penalties — Conversion of temporary contracts into non-permanent contracts of an indefinite duration — Right to compensation
Case C‑99/14 P Carbunión v Council
Appeals — State aid — Decision 2010/787/EU — Aid to facilitate the closure of uncompetitive coal mines — Conditions for considering that aid compatible with the internal market — Article 181 of the Rules of Procedure of the Court
Case C‑253/14 P FTI Touristik v OHIM
Appeal — Community trade mark — Marque verbale BigXtra — Absolute ground for refusal of registration — No distinctive character
Case C‑282/14 Stylinart v Skarb Państwa - Wojewoda Podkarpacki and Skarb Państwa - Prezydent Miasta Przemyśla
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Award of damages to the owner of expropriated property — Harm resulting from the expropriation — No implementation of EU law — Clear lack of jurisdiction of the Court
Case C‑368/14 P Compagnie des bateaux mouches v OHIM
Appeals — Community trade mark — Figurative mark containing the word elements ‘BATEAUX-MOUCHES’ — Partial refusal of registration by the examiner — Definition of ‘relevant public’
Case C‑639/13 Commission v Poland
Failure to fulfil obligations — Directive 2006/112/EC — VAT — Reduced rate — Articles designed for fire protection
Case C‑640/13 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Recovery of taxes unduly paid under EU law — National legislation — Retroactive curtailment of the limitation period for the applicable remedies — Principle of effectiveness — Principle of the protection of legitimate expectations
January 2015
Case C-498/14 PPU Bradbrooke v Aleksandrowicz
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility — Child abduction — Regulation (EC) No 2201/2003 — Article 11(7) and (8)
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
| Summary |
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View of Advocate General Jääskinen of 16 December 2014
ECLI:EU:C:2014:2484 |
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Judgment of the Court (Fourth Chamber) of 9 January 2015
ECLI:EU:C:2015:3 |
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Joined Cases C-401/12 P to C-403/12 P Council and Others v Vereniging Milieudefensie and Stichting Stop Luchtverontreiniging Utrecht
Appeals — Directive 2008/50/EC — Directive on ambient air quality and cleaner air for Europe — Decision regarding the notification by the Kingdom of the Netherlands of the postponement of the deadline for attaining the limit values for nitrogen dioxide and the exemption from the obligation to apply the limit values for particulate matter (PM10) — Request for internal review of that decision, submitted pursuant to Regulation (EC) No 1367/2006 — Commission decision declaring the request inadmissible — Measure of individual scope — Aarhus Convention — Validity of Regulation (EC) No 1367/2006 in the light of that convention
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Jääskinen delivered on 8 May 2014
ECLI:EU:C:2014:310 |
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Judgment of the Court (Grand Chamber) of 13 January 2015
ECLI:EU:C:2015:4 |
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Joined Cases C-404/12 P and C-405/12 P Council and Commission v Stichting Natuur en Milieu and Pesticide Action Network Europe
Appeal — Regulation (EC) No 149/2008 — Regulation setting maximum residue levels for pesticides — Request for internal review of that regulation, submitted pursuant to Regulation (EC) No 1367/2006 — Commission decision declaring the request inadmissible — Measure of individual scope — Aarhus Convention — Validity of Regulation (EC) No 1367/2006 in the light of that convention
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Jääskinen delivered on 8 May 2014
ECLI:EU:C:2014:309 |
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Judgment of the Court (Grand Chamber) of 13 January 2015
ECLI:EU:C:2015:5 |
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Case C-171/13 Uwv v Demirci and Others
Request for a preliminary ruling — EEC-Turkey Association Agreement — Social security for migrant workers — Waiver of residence clauses — Supplementary benefits granted under national legislation — Residence requirement — Application to Turkish former workers — Turkish nationals having acquired the nationality of the host Member State
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Wahl delivered on 10 July 2014
ECLI:EU:C:2014:2073 |
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Judgment of the Court (First Chamber) of 14 January 2015
ECLI:EU:C:2015:8 |
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Case C-518/13 Eventech v The Parking Adjudicator
Reference for a preliminary ruling — Competition — State aid — Article 107(1) TFEU — Practice of permitting London taxis to use bus lanes while prohibiting private hire vehicles from doing so — Concept of State aid — State resources — Economic advantage — Selective advantage — Effect on trade between Member States
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
| Summary |
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Opinion of Advocate General Wahl delivered on 24 September 2014
ECLI:EU:C:2014:2239 |
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Judgment of the Court (Second Chamber) of 14 January 2015
ECLI:EU:C:2015:9 |
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Case C-179/13 Raad van bestuur van de Sociale verzekeringbank v Evans
Reference for a preliminary ruling — Determination of the social security legislation applicable to a worker — Regulation (EEC) No 1408/71 — Applicability — Employment of a national of a Member State at the consulate of a third State in the territory of another Member State in whose territory he resides — Vienna Convention on consular relations — Article 71(2) — National legislation according facilities, privileges and immunities to permanent residents
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Wahl delivered on 19 June 2014
ECLI:EU:C:2014:2015 |
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Judgment of the Court (Fifth Chamber) of 15 January 2015
ECLI:EU:C:2015:12 |
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Case C-537/13 Šiba v Devėnas
Reference for a preliminary ruling — Directive 93/13/EEC — Scope — Consumer contracts — Contract for the provision of legal services concluded between a lawyer and a consumer
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
| Summary |
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Judgment of the Court (Ninth Chamber) of 15 January 2015
ECLI:EU:C:2015:14 |
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Case C-573/13 Air Berlin v Verbraucherzentrale Bundesverband
Reference for a preliminary ruling — Regulation (EC) No 1008/2008 — Air services — Second sentence of Article 23(1) — Price transparency — Computerised booking system — Air fares — Indication at all times of the final price
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Fifth Chamber) of 15 January 2015
ECLI:EU:C:2015:11 |
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Case C-631/13 Forsgren v Österreichisches Patentamt
Reference for a preliminary ruling — Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — ‘Active ingredient’ — Pneumococcal conjugate vaccine — Paediatric use — Carrier protein — Covalent binding
Request for a preliminary ruling from the Oberster Patent- und Markensenat
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 15 January 2015
ECLI:EU:C:2015:13 |
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Case C-30/14 Ryanair v PR Aviation
Reference for a preliminary ruling — Directive 96/9/EC — Legal protection of databases — Database not protected by copyright or the sui generis right — Contractual limitation on the rights of users of the database
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Second Chamber) of 15 January 2015
ECLI:EU:C:2015:10 |
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Joined Cases C-482/13, C-484/13, C-485/13 and C-487/13 Unicaja Banco v Hidalgo Rueda and Others and Caixabank v Rueda Ledesma and Others
Reference for a preliminary ruling — Directive 93/13/EEC — Contracts concluded between sellers or suppliers and consumers — Mortgage contracts — Default interest clauses — Unfair terms — Mortgage enforcement proceedings — Moderation of the amount of interest — Powers of the national court
Requests for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción de Marchena
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Wahl delivered on 16 October 2014
ECLI:EU:C:2014:2299 |
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Judgment of the Court (First Chamber) of 21 January 2015
ECLI:EU:C:2015:21 |
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Case C-529/13 Felber v Bundesministerin für Unterricht, Kunst und Kultur
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Article 2(1) and (2)(a) and Article 6(1) and (2) — Difference of treatment on grounds of age — Civil service — Pension scheme — National legislation precluding the taking into account of periods of school education completed before the age of 18
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber) of 21 January 2015
ECLI:EU:C:2015:20 |
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Case C-282/13 T-Mobile Austria v Telekom-Control-Kommission
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/20/EC — Article 5(6) — Rights of use for radio frequencies and numbers — Directive 2002/21/EC — Article 4(1) — Right of appeal against a decision of a national regulatory authority — Meaning of ‘undertaking affected by a decision of a national regulatory authority’ — Article 9b — Transfer of individual rights to use radio frequencies — Reallocation of rights to use radio frequencies following the merger of two undertakings
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 9 September 2014
ECLI:EU:C:2014:2179 |
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Judgment of the Court (Third Chamber) of 22 January 2015
ECLI:EU:C:2015:24 |
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Joined Cases C-401/13 and C-432/13 Balazs v Casa Judeţeană de Pensii Cluj and Casa Judeţeană de Pensii Cluj v Balazs
References for a preliminary ruling — Social security for migrant workers — Regulation (EEC) No 1408/71 — Article 7(2)(c) — Applicability of social security conventions between Member States — Repatriated refugee whose country of origin is a Member State — Completion of periods of employment in the territory of another Member State — Application for grant of an old-age benefit — Refusal
Requests for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Wathelet delivered on 4 September 2014
ECLI:EU:C:2014:2161 |
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Judgment of the Court (Fourth Chamber) of 22 January 2015
ECLI:EU:C:2015:26 |
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Case C-419/13 Art & Allposters International v Pictoright
Reference for a preliminary ruling — Intellectual property — Copyright and related rights — Directive 2001/29/EC — Article 4 — Distribution rights — Exhaustion rule — Concept of ‘object’ — Transfer of the image of a protected work from a paper poster to a painter’s canvas — Replacement of the medium — Impact on exhaustion
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 11 September 2014
ECLI:EU:C:2014:2214 |
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Judgment of the Court (Fourth Chamber) of 22 January 2015
ECLI:EU:C:2015:27 |
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Case C-441/13 Hejduk v EnergieAgentur.NRW
Reference for a preliminary ruling — Regulation (EC) No 44/2001 –Article 5(3) — Special jurisdiction in matters relating to tort, delict or quasi-delict — Copyright — Dematerialised content — Placing online — Determination of the place of the event giving rise to the damage — Criteria
Request for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 11 September 2014
ECLI:EU:C:2014:2212 |
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Judgment of the Court (Fourth Chamber) of 22 January 2015
ECLI:EU:C:2015:28 |
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Case C-463/13 Stanley International Betting and Stanleybet Malta v Ministero dell'Economia e delle Finanze and Agenzia delle Dogane e dei Monopoli di Stato
Reference for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gambling — National rules — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences with a period of validity shorter than that of previous licences — Restriction — Overriding reasons in the public interest — Proportionality
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Third Chamber) of 22 January 2015
ECLI:EU:C:2015:25 |
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Case C-55/14 Régie communale autonome du stade Luc Varenne v État belge
Reference for a preliminary ruling — Directive 77/388/EEC — VAT — Exemptions — Article 13B(b) — Concept of ‘exempted letting of immovable property’ — Provision, for consideration, of a football stadium — Contract for provision reserving certain rights and prerogatives to the owner — Supply, by the owner, of various services representing 80% of the charge specified in the contract
Request for a preliminary ruling from the Cour d'appel de Mons
Language of the case: French
| Summary |
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Judgment of the Court (Ninth Chamber) of 22 January 2015
ECLI:EU:C:2015:29 |
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Case C-375/13 Kolassa v Barclays Bank
Area of freedom, security and justice — Regulation (EC) No 44/2001 — Jurisdiction in civil and commercial matters — Consumer contracts — Consumer, domiciled in one Member State, having purchased securities issued by a bank in another Member State from an intermediary established in a third Member State — Jurisdiction for actions brought against the bank that issued those securities
Request for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 3 September 2014
ECLI:EU:C:2014:2135 |
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Judgment of the Court (Fourth Chamber) of 28 January 2015
ECLI:EU:C:2015:37 |
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Case C-417/13 ÖBB Personenverkehr v Starjakob
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(1) and (2)(a) — Article 6(1) — Discrimination based on age — National legislation under which inclusion of periods of service completed before the age of 18 for the purpose of determining remuneration is subject to an extension of the periods for advancement — Justification — Whether appropriate for the purpose of achieving the objective pursued — Possibility of challenging the extension of the periods for advancement
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 3 July 2014
ECLI:EU:C:2014:2048 |
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Judgment of the Court (Second Chamber) of 28 January 2015
ECLI:EU:C:2015:38 |
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Case C-688/13 Gimnasio Deportivo San Andrés
Reference for a preliminary ruling ‒ Article 99 of the Rules of Procedure of the Court of Justice ‒ Transfer of undertaking ‒ Safeguarding of employees’ rights ‒ Interpretation of Directive 2001/23/EC ‒ Transferor who is the subject of insolvency proceedings ‒ Guarantee that the transferee is not to be liable for certain debts of the undertaking transferred
Request for a preliminary ruling from the Juzgado de lo Mercantil No 3 de Barcelona
Language of the case: Spanish
| Summary |
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Order of the Court (Sixth Chamber) of 28 January 2015
ECLI:EU:C:2015:46 |
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Information (on unpublished decisions)
Case C-320/14 P Asos v OHIM
Appeal — Community trade mark — Word mark ASOS — Opposition by the proprietor of the Community word mark ASSOS — Partial refusal to register — Assessment of the facts and evidence by the General Court of the European Union — Challenge — Distortion of the facts or evidence — No distortion — Appeal manifestly inadmissible
Case C-57/14 P Recaro v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Articles 15(1) and 51(1)(a) — Word mark RECARO — Application for revocation — Partial refusal by the Board of Appeal of OHIM
Joined Cases C-587/13 P and C-588/13 P Banco Bilbao Vizcaya Argentaria and Telefónica v Commission
Appeal — Aid scheme provided for under Spanish tax legislation — Corporate tax provision which enables undertakings established in Spanish territory to write off the goodwill resulting from the acquisition of a shareholding in undertakings which are not established in that territory — Decision declaring the State aid scheme incompatible with the internal market
Case C-311/14 P Longevity Health Products v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) —Application for registration of the Community word mark MENOCHRON — Opposition of the proprietor of the earlier Community word mark MENODORON — Likelihood of confusion
Case C-494/13 P GRE v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Figurative mark in colour including the word elements ‘LIBERTE american blend’ on a blue background — Opposition by the proprietor of the Community figurative mark including the word elements ‘La LIBERTAD’ — Refusal of registration
Case C-495/13 P GRE v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Figurative mark in colour, consisting of the verbal components ‘LIBERTE american blend’ on a red background — Opposition by the holder of the Community trade mark ‘La LIBERTAD’ — Refusal of registration
Case C-496/13 P GRE v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Figurative mark in colour, consisting of the verbal components ‘LIBERTE brunes’ on a blue background — Opposition by the holder of the Community word and figurative marks La LIBERTAD — Refusal of registration
Case C-411/14 P Pisciotti v Commission
Appeal — Article 181 Rules of Procedure of the Court of Justice — Actions for annulment — Refusal of the European Commission to bring infringement proceedings — Inadmissibility — Appeal in part manifestly unfounded and in part manifestly inadmissible
February 2015
Case C-172/13 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Article 49 TFEU — Article 31 of the EEA Agreement — Corporation tax — Groups of companies — Group relief — Transfer of losses sustained by a non-resident subsidiary — Conditions — Date to be used for determining whether the losses of the non-resident subsidiary are definitive
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 23 October 2014
ECLI:EU:C:2014:2321 |
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Judgment of the Court (Grand Chamber) of 3 February 2015
ECLI:EU:C:2015:50 |
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Case C-647/13 Office national de l'emploi v Melchior
Reference for a preliminary ruling — Social security — Conditions governing eligibility for unemployment benefit in a Member State — Taking into account periods of work completed as a member of the contract staff of an institution of the European Union which is established in that Member State — Treatment of days of unemployment for which an allowance is paid under the Conditions of Employment of Other Servants of the European Communities as working days — Principle of sincere cooperation
Request for a preliminary ruling from the Cour du travail de Bruxelles
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 16 October 2014
ECLI:EU:C:2014:2301 |
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Judgment of the Court (Third Chamber) of 4 February 2015
ECLI:EU:C:2015:54 |
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Case C-498/13 Agrooikosystimata v Ypourgos Oikonomias kai Oikonomikon and Others
Reference for a preliminary ruling — Agriculture — Common agricultural policy — Regulation (EEC) No 2078/92 — Agricultural production methods meeting the requirements of environmental protection and upkeep of the countryside — Long-term set-aside of agricultural land for purposes connected with the environment — Agri-environmental aid paid to farmers and cofinanced by the European Union — Status as recipient of such aid
Request for a preliminary ruling from the Simvoulio tis Epikratias
Language of the case: Greek
| Summary |
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Judgment of the Court (Sixth Chamber) of 5 February 2015
ECLI:EU:C:2015:61 |
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Joined Cases C-627/13 and C-2/14 M. and Others
Request for a preliminary ruling — Drug precursors — Monitoring of trade between the Member States — Regulation (EC) No 273/2004 — Monitoring of trade between the European Union and third countries — Regulation (EC) No 111/2005 — Trade in medicinal products containing ephedrine or pseudoephedrine — Definition of ‘scheduled substance’ — Composition — Exclusion of all medicinal products or only those containing scheduled substances and the composition of which does allow those substances to be readily extracted — Directive 2001/83/EC — Definition of ‘medicinal product’
Requests for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Fifth Chamber) of 5 February 2015
ECLI:EU:C:2015:59 |
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Case C-655/13 Mertens v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen
Reference for a preliminary ruling — Social security — Regulation (EEC) No 1408/71 — Article 71 — Concept of a ‘partially unemployed frontier worker’ — Refusal of the Member State of residence and of the competent Member State to grant unemployment benefit
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
| Summary |
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Judgment of the Court (Eighth Chamber) of 5 February 2015
ECLI:EU:C:2015:62 |
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Case C-117/14 Nisttahuz Poclava v Ariza Toledano
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — National legislation providing for an employment contract of indefinite duration with a probationary period of one year — Implementation of EU law — None — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Juzgado de lo Social No 23 de Madrid
Language of the case: Spanish
| Summary |
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Judgment of the Court (Tenth Chamber) of 5 February 2015
ECLI:EU:C:2015:60 |
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Case C-317/14 Commission v Belgium
Failure of a Member State to fulfil obligations — Article 45 TFEU — Regulation (EU) No 492/2011 — Freedom of movement for workers — Access to employment — Local public service — Linguistic knowledge — Means of proof
Language of the case: French
| Summary |
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Judgment of the Court (Sixth Chamber) of 5 February 2015
ECLI:EU:C:2015:63 |
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Case C-340/13 bpost v IBPT
Reference for a preliminary ruling — Postal services — Directive 97/67/EC — Article 12 — Universal service provider — Quantity discounts — Application to intermediaries who consolidate postal items — Requirement of non‑discrimination
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
| Summary |
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Opinion of Advocate General Sharpston delivered on 16 October 2014
ECLI:EU:C:2014:2302 |
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Judgment of the Court (Second Chamber) of 11 February 2015
ECLI:EU:C:2015:77 |
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Case C-531/13 Marktgemeinde Straßwalchen and Others v Bundesminister für Wirtschaft, Familie und Jugend
Environment — Directive 85/337/EEC — Assessment of the effects of certain public and private projects on the environment — Projects which must be made subject to an assessment — Exploratory drillings — Annex I, No 14 — Concept of ‘extraction of petroleum and natural gas for commercial purposes’ — Obligation to conduct an assessment in the case of extraction of a certain quantity of gas — Annex II, No 2(d) — Concept of ‘deep drillings’ — Annex III, No 1 — Concept of ‘cumulation with other projects’
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Kokott delivered on 9 October 2014
ECLI:EU:C:2014:2279 |
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Judgment of the Court (Second Chamber) of 11 February 2015
ECLI:EU:C:2015:79 |
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Case C-114/13 Bouman v Rijksdienst voor Pensioenen
Reference for a preliminary ruling — Social security — Regulation (EEC) No 1408/71 — Old age and survivors’ insurance — Article 46a(3)(c) — Award of benefits — National rules against overlapping — Derogation — Concept of ‘voluntary insurance or continued optional insurance’ — National pension under a compulsory insurance scheme — Possibility of requesting an exemption from affiliation for a certain period — Scope of the statement issued by the competent institution of another Member State — Regulation (EEC) No 574/72 — Article 47
Request for a preliminary ruling from the Arbeidshof te Antwerpen
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 4 March 2014
ECLI:EU:C:2014:123 |
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Judgment of the Court (First Chamber) of 12 February 2015
ECLI:EU:C:2015:81 |
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Case C-134/13 Raytek and Fluke Europe v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Infrared thermal imagers
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
| Summary |
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Judgment of the Court (Fifth Chamber) of 12 February 2015
ECLI:EU:C:2015:82 |
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Case C-336/13 P Commission v IPK International
Appeals — Commission decision ordering the repayment of financial assistance — Compliance with a judgment of the General Court of the European Union — Distinction between default interest and compensatory interest — Calculation of interest
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 4 September 2014
ECLI:EU:C:2014:2170 |
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Judgment of the Court (Seventh Chamber) of 12 February 2015
ECLI:EU:C:2015:83 |
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Case C-349/13 Minister Finansów v Oil Trading Poland
Reference for a preliminary ruling — Excise duties — Directives 92/12/EEC and 2008/118/EC — Scope — Mineral oils and energy products — Lubricating oils used for purposes other than as motor fuels or as heating fuels — Not included — Excise duty levied on the consumption of energy products, imposed by a Member State in accordance with the harmonised excise duty arrangements — Concept of ‘formalities connected with the crossing of frontiers’ — Article 110 TFEU — Shorter payment deadline in certain cases for intra-Community purchases than for products acquired on the domestic market
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Judgment of the Court (Tenth Chamber) of 12 February 2015
ECLI:EU:C:2015:84 |
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Case C-369/13 Gielen and Others
Reference for a preliminary ruling — Drug precursors — Monitoring of trade between the Member States — Regulation (EC) No 273/2004 — Monitoring of trade between the European Union and third countries — Regulation (EC) No 111/2005 — Concept of ‘scheduled substance’ — Substance ‘alpha-phenylacetoacetonitrile’ (APAAN) — Scheduled substance ‘1-phenyl-2-propanone’ (BMK)
Request for a preliminary ruling from the Rechtbank Oost-Brabant ’s-Hertogenbosch
Language of the case: Dutch
| Summary |
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Judgment of the Court (Fifth Chamber) of 12 February 2015
ECLI:EU:C:2015:85 |
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Case C-396/13 Sähköalojen ammattiliitto v Elektrobudowa Spolka Akcyjna
Reference for a preliminary ruling — Articles 56 TFEU and 57 TFEU — Directive 96/71/EC — Articles 3, 5 and 6 — Workers of a company with its seat in Member State A, posted to carry out works in Member State B — Minimum wage provided for by the collective agreements of Member State B — Locus standi of a trade union with its seat in Member State B — Legislation of Member State A prohibiting the assignment to a third party of claims relating to pay
Request for a preliminary ruling from the Satakunnan käräjäoikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Wahl delivered on 18 September 2014
ECLI:EU:C:2014:2236 |
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Judgment of the Court (First Chamber) of 12 February 2015
ECLI:EU:C:2015:86 |
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Case C-539/13 Merck Canada and Merck Sharp & Dohme v Sigma Pharmaceuticals
Reference for a preliminary ruling — 2003 Act of Accession to the European Union — Annex IV — Chapter 2 — Specific Mechanism — Importation of a patented pharmaceutical product — Prior notification requirement
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
| Summary |
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Opinion of Advocate General Jääskinen delivered on 23 October 2014
ECLI:EU:C:2014:2322 |
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Judgment of the Court (Third Chamber) of 12 February 2015
ECLI:EU:C:2015:87 |
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Case C-567/13 Baczó and Vizsnyiczai v Raiffeisen Bank
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Article 7 — Mortgage loan agreement — Arbitration clause — Unfairness — Action by consumer — National procedural rule — Lack of jurisdiction of the court hearing the action by a consumer for a declaration of invalidity of a standard contract to hear the application for a declaration of unfairness of terms in the same contract
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Third Chamber) of 12 February 2015
ECLI:EU:C:2015:88 |
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Case C-662/13 Surgicare - Unidades de Saúde v Fazenda Pública
Reference for a preliminary ruling — VAT — Directive 2006/112/EC — Deduction of input tax — Transactions constituting an abusive practice — National tax law — Special national procedure where the existence of abusive practices is suspected in the field of taxation — Principles of effectiveness and equivalence
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Ninth Chamber) of 12 February 2015
ECLI:EU:C:2015:89 |
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Case C-35/14 P Enercon v Gamesa Eólica
Appeal — Community trade mark — Appeal brought by an ‘other party to the proceedings before the Board of Appeal’ which did not lodge a response before the General Court — Not an intervener before the General Court — Appeal manifestly inadmissible
Language of the case: English
| Summary |
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Order of the Court (Third Chamber) of 12 February 2015
ECLI:EU:C:2015:158 |
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Case C-48/14 Parliament v Council
Action for annulment — Directive 2013/51/Euratom — Choice of legal basis — EAEC Treaty — Articles 31 EA and 32 EA — FEU Treaty — Article 192(1) TFEU — Protecting human health — Radioactive substances in water intended for human consumption — Legal certainty — Sincere cooperation among the institutions
Language of the case: French
| Summary |
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Judgment of the Court (Second Chamber) of 12 February 2015
ECLI:EU:C:2015:91 |
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Case C-512/13 Sopora v Staatssecretaris van Financiën
Reference for a preliminary ruling — Freedom of movement for workers — Article 45 TFEU — Equal treatment of non-resident workers — Tax advantage consisting in the exemption of reimbursements paid by the employer — Advantage granted on a flat-rate basis — Workers from a Member State other than that of the place of work — Requirement of residence at a certain distance from the border of the Member State of the place of work
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 13 November 2014
ECLI:EU:C:2014:2375 |
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Judgment of the Court (Grand Chamber) of 24 February 2015
ECLI:EU:C:2015:108 |
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Case C-559/13 Finanzamt Dortmund-Unna v Grünewald
Reference for a preliminary ruling — Free movement of capital — Direct taxation — Income tax — Deductibility of support payments made in consideration for a gift by way of anticipated succession — Exclusion of non-residents
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 18 November 2014
ECLI:EU:C:2014:2379 |
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Judgment of the Court (Grand Chamber) of 24 February 2015
ECLI:EU:C:2015:109 |
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Case C-143/13 Matei v Volksbank România
Directive 93/13/EEC — Unfair terms in contracts concluded between a seller or supplier and a consumer — Article 4(2) — Assessment of the unfairness of contractual terms — Exclusion of terms relating to the main subject-matter of the contract or the adequacy of the price and remuneration as long as they are in plain intelligible language — Terms including a ‘risk charge’ charged by the lender and authorising it, under certain conditions, unilaterally to alter the interest rate
Request for a preliminary ruling from the Tribunalul Specializat Cluj
Language of the case: Romanian
| Summary |
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Judgment of the Court (Ninth Chamber) of 26 February 2015
ECLI:EU:C:2015:127 |
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Joined Cases C-144/13, C-154/13 and C-160/13 VDP Dental Laboratory v Staatssecretaris van Financiën and Staatssecretaris van Financiën v X and Nobel Biocare Nederland
Reference for a preliminary ruling — Value added tax — Deductions — Exemptions — Supplies of dental prostheses
Requests for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 4 September 2014
ECLI:EU:C:2014:2163 |
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Judgment of the Court (First Chamber) of 26 February 2015
ECLI:EU:C:2015:116 |
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Case C-359/13 Martens v Minister van Onderwijs, Cultuur en Wetenschap
Reference for a preliminary ruling — Freedom of movement for persons — Articles 20 TFEU and 21 TFEU — National of a Member State — Residence in another Member State — Studies pursued in an overseas country or territory — Maintenance of the grant of funding for higher education — ‘Three-out-of-six-years’ residence rule — Restriction — Justification
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 24 September 2014
ECLI:EU:C:2014:2240 |
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Judgment of the Court (Third Chamber) of 26 February 2015
ECLI:EU:C:2015:118 |
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Case C-472/13 Shepherd v Bundesrepublik Deutschland
Reference for a preliminary ruling — Area of freedom, security and justice — Asylum — Directive 2004/83/EC — Article 9(2)(b), (c), and (e) — Minimum standards for the qualification and status of third-country nationals or stateless persons as refugees — Conditions for obtaining refugee status — Acts of persecution — Criminal penalties for a member of the armed forces of the United States for refusing to serve in Iraq
Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 11 November 2014
ECLI:EU:C:2014:2360 |
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Judgment of the Court (Second Chamber) of 26 February 2015
ECLI:EU:C:2015:117 |
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Case C-515/13 Ingeniørforeningen i Danmark v Tekniq
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(1) and (2)(a) — Article 6(1) — Difference of treatment on grounds of age — National legislation providing for severance allowance not to be paid to workers entitled on the date of termination of the employment relationship to a State retirement pension
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
| Summary |
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Judgment of the Court (Seventh Chamber) of 26 February 2015
ECLI:EU:C:2015:115 |
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Case C-564/13 P Planet v Commission
Appeal — Article 340, first paragraph, TFEU — Contractual liability of the European Union — Article 272 TFEU — Arbitration clause — Sixth framework programme for research, technological development and demonstration activities — Contracts relating to the Ontogov, FIT and RACWeb projects — Eligible costs and amounts advanced by the Commission — Declaratory action — No vested and current interest in bringing proceedings
Language of the case: Greek
| Summary |
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Opinion of Advocate General Kokott delivered on 6 November 2014
ECLI:EU:C:2014:2352 |
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Judgment of the Court (Fifth Chamber) of 26 February 2015
ECLI:EU:C:2015:124 |
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Case C-623/13 Ministre de l'Économie et des Finances v de Ruyter
Reference for a preliminary ruling — Social security — Regulation (EEC) No 1408/71 — Article 4 — Substantive scope — Levies on income from assets — General social contribution — Social debt repayment contribution — Social levy — Additional contribution to the social levy — Participation in the financing of compulsory social security schemes — Direct and sufficiently relevant link with some branches of social security
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Opinion of Advocate General Sharpston delivered on 21 October 2014
ECLI:EU:C:2014:2307 |
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Judgment of the Court (First Chamber) of 26 February 2015
ECLI:EU:C:2015:123 |
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Case C-691/13 Les Laboratoires Servier v Ministre des Affaires sociales et de la Santé and Ministre de l'Économie et des Finances
Reference for a preliminary ruling — Medicinal products for human use –Directive 89/105/EEC — Article 6(2) — Establishment of a list of medicinal products reimbursed by the health insurance funds — Amendment of the conditions of reimbursement of a medicinal product when renewing its inclusion in such a list — Obligation to state reasons
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Judgment of the Court (Third Chamber) of 26 February 2015
ECLI:EU:C:2015:121 |
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Case C-6/14 Wucher Helicopter and Euro-Aviation Versicherung v Santer
Reference for a preliminary ruling — Regulation (EC) No 785/2004 — Air carriers and aircraft operators — Insurance — Requirements — Definitions of ‘passenger’ and ‘member of the crew’ — Helicopter — Carriage of an expert in the blasting of avalanches using explosives — Injury suffered during a work flight — Compensation
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber) of 26 February 2015
ECLI:EU:C:2015:122 |
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Case C-41/14 Christie’s France v Syndicat national des antiquaires
Reference for a preliminary ruling — Directive 2001/84/EC — Article 1 — Intellectual property — Sale at auction of original works of art — Resale right for the benefit of the author of an original work of art — Person liable for the resale royalty — Buyer or seller — Derogation by agreement
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Judgment of the Court (Fourth Chamber) of 26 February 2015
ECLI:EU:C:2015:119 |
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Case C-43/14 ŠKO–Energo v Odvolací finanční ředitelství
Reference for a preliminary ruling — Protection of the ozone layer — Scheme for greenhouse gas emission allowance trading within the European Union — Method of allocating allowances — Allocation of allowances free of charge — Application of gift tax to such an allocation
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Opinion of Advocate General Kokott delivered on 11 December 2014
ECLI:EU:C:2014:2442 |
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Judgment of the Court (Second Chamber) of 26 February 2015
ECLI:EU:C:2015:120 |
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Case C-104/14 Ministero delle Politiche Agricole, Alimentari e Forestali v Federazione Italiana Consorzi Agrari and Liquidazione Giudiziale dei Beni Ceduti ai Creditori della Federazione Italiana Consorzi Agrari
Reference for a preliminary ruling — Third paragraph of Article 288 TFEU — Combating late payments in commercial transactions — Directive 2000/35/EC — Articles 2, 3 and 6 — Directive 2011/7/EU — Articles 2, 7 and 12 — Legislation of a Member State capable of modifying, to the detriment of a creditor of the State, the interest on a debt predating those directives
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Judgment of the Court (Eighth Chamber) of 26 February 2015
ECLI:EU:C:2015:125 |
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Case C-238/14 Commission v Luxembourg
Failure of a Member State to fulfil obligations — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Occasional workers in the entertainment arts — Successive fixed-term employment contracts — Clause 5(1) — Measures to prevent the abusive use of successive fixed-term contracts — Concept of ‘objective grounds’ justifying such contracts
Language of the case: French
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Judgment of the Court (Third Chamber) of 26 February 2015
ECLI:EU:C:2015:128 |
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Information (on unpublished decisions)
Case C-68/14 Equitalia Nord v CLR di Camelliti Serafino & C.
Reference for a preliminary ruling — Articles 106 TFEU and 107 TFEU — Competition — Concept of ‘State aid’ — National legislation — Use of buildings for institutional purposes — Rent reduction — Factual and regulatory background to the dispute in the main proceedings — Lack of sufficient information — Need for a reply to the questions referred — Lack of information — Manifest inadmissibility
Case C-275/14 Jednostka Innowacyjno-Wdrożeniowa Petrol v Minister Finansów
Reference for a preliminary ruling — Taxation or energy products — Directive 2003/96/EC — Article 2(3) — Direct effect — Fuel additives coming under heading 3811 of the CN
Case C-296/14 P Greece v Commission
Appeal — State aid — Interest-free loans, backed by a State guarantee, granted by the Greek authorities to operators in the cereals sector — Decision declaring the aid incompatible with the internal market — Action manifestly inadmissible and manifestly unfounded
Case C-420/14 P Jyoti Ceramic Industries v OHIM
Appeals — Article 181 of the Rules of Procedure — Community trade mark — Opposition proceedings — Figurative trade mark containing the word element ‘ZIECON’ — Opposition by the proprietor of the word mark CERCON — Likelihood of confusion –Regulation No (EC) No 207/2009 — Article 8(1)(b
Case C-451/14 Petrus v Republika Bulgaria
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Charter of Fundamental Rights of the European Union — No implementation of EU law — Clear lack of jurisdiction of the Court
Case C-175/13 Liivimaa Lihaveis v Eesti-Läti
Reference for a preliminary ruling — Article 267 TFEU — Action against a decision ordering a reference for a preliminary ruling — No case pending before the court hearing that action — Manifest inadmissibility
Case C-305/14 Băbășan v Inspectoratul Județean de Poliție Satu Mare
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — National legislation according to which prior authorisation is required for the organisation of a public meeting — Failure to implement EU law — Manifest lack of jurisdiction of the Court of Justice
Case C-621/13 P Orange v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid –Compensation for public service costs relating to the establishment and operation of a very-high-speed broadband electronic communications network
Case C-624/13 P Iliad and Others v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Compensation for the costs of providing a public service for the establishment and operation of a very-high-speed broadband electronic communications network
Case C-651/13 Lb Group v Ministero dell'Economia e delle Finanze and Others
Reference for a preliminary ruling — Article 99 of the Rules of Procedure– Identical questions referred — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Games of chance — National legislation — Reorganisation of the licencing system through an alignment of licence expiry dates — New call for tenders — Licences with a shorter period than that of licences awarded in the past — Restriction — Overriding reasons of general interest — Proportionality
Case C-652/13 Saba
Reference for a preliminary ruling — Article 99 of the Rules of Procedure — Identical questions referred — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Games of chance — National legislation — Reorganisation of the licencing system through an alignment of licence expiry dates — New call for tenders — Licences with a shorter period than that of licences awarded in the past — Restriction — Overriding reasons of general interest — Proportionality
Case C-37/14 Commission v France
Failure of a Member State to fulfil obligations — State aid — ‘Contingency plans’ — Fruit and vegetable sector — Unlawful aid incompatible with the internal market — Recovery — Failure to act
Case C-327/14 P Meister v Commission
Appeal — Order of inadmissibility delivered by the General Court of the European Union — Action for annulment brought by an individual — Failure on the part of the European Commission to act on the complaint
Case C-370/14 P Argo Group International Holdings v OHIM
Appeals — Community trade mark — Figurative mark in colour including the word element ‘ARIS’ — Opposition by the proprietor of the Community figurative mark in red and blue including the word elements ‘ARISA ASSURANCES S.A.’ — Refusal of registration
Case C-374/14 P Walcher Meßtechnik v OHIM
Appeal — Rules of Procedure of the Court — Article 181 — Community trade mark — Application for Community word mark HIPERDRIVE — Absolute grounds for refusal — Descriptive character — Regulation (EC) No 207/2009 — Article 7(1)(c) — General principle of equal treatment
Case C-457/14 Concu and Melis
Reference for a preliminary ruling — Article 99 of the Rules of Procedure — Identical questions referred — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Games of chance — National legislation — Reorganisation of the licencing system through an alignment of licence expiry dates — New call for tenders — Licences with a shorter period than that of licences awarded in the past — Restriction — Overriding reasons of general interest — Proportionality
Case C-478/14 Siddu
Reference for a preliminary ruling — Article 99 of the Rules of Procedure — Identical questions — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Games of chance — National rules — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences with a period of validity shorter than that of licences awarded in the past — Restriction — Compelling reasons of general interest — Proportionality
Case C-480/14 Sogno di Tolosa and Others v Ministero dell'Economia e delle Finanze and Agenzia delle Dogane e dei Monopoli di Stato
Reference for a preliminary ruling — Article 99 of the Rules of Procedure — Identical questions referred– Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Games of chance — National legislation — Reorganisation of the licencing system through an alignment of licence expiry dates — New call for tenders — Licences with a shorter period than that of licences awarded in the past — Restriction — Overriding reasons of general interest — Proportionality
Case C-164/14 P Pesquerias Riveirenses and Others v Council
Appeal — Fisheries policy — Conservation of fishery resources — Fish stocks which are subject to international negotiations or agreements — Amalgamation of the northern and southern components of the stock of blue whiting in the north-east Atlantic in order to establish the TAC — Admissibility of the action — Measure not directly concerning individuals — Appeal manifestly unfounded
Case C-221/14 P H v Court of Justice
Appeal — Emoluments applicable to members of the Court of Justice of the European Union — Former member of the Civil Service Tribunal — Application for membership of the Joint Sickness Insurance Scheme (JSIS) — Decision — Refusal — Appeal procedures — Lateness — Inadmissibility
Case C-414/14 P Fundação Calouste Gulbenkian v OHIM
Appeal — Community trade mark — Word mark GULBENKIAN — Opposition by the owner of the well-known trade mark, company name and national logos including the word elements ‘FUNDAÇÃO CALOUSTE GULBENKIAN’ — Partial rejection of the opposition — Admissibility of evidence adduced for the first time before the General Court — Likelihood of confusion
March 2015
Case C-534/13 Ministero dell'Ambiente e della Tutela del Territorio e del Mare and Others v Fipa Group and Others
Reference for a preliminary ruling — Article 191(2) TFEU — Directive 2004/35/EC — Environmental liability — National legislation under which no provision is made for the administrative authorities to require owners of polluted land who have not contributed to that pollution to carry out preventive and remedial measures, and the sole obligation imposed concerns the reimbursement of the measures undertaken by those authorities — Whether compatible with the ‘polluter pays’ principle, the precautionary principle and the principles that preventive action should be taken and that environmental damage should be rectified at source as a matter of priority
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Opinion of Advocate General Kokott delivered on 20 November 2014
ECLI:EU:C:2014:2393 |
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Judgment of the Court (Third Chamber) of 4 March 2015
ECLI:EU:C:2015:140 |
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Case C-547/13 Oliver Medical v Valsts ieņēmumu dienests
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Common Customs Tariff — Tariff classification — Combined Nomenclature — Headings 8543, 9018 and 9019 — Laser and ultrasonic appliances and their parts and accessories
Request for a preliminary ruling from the Administratīvā rajona tiesa
Language of the case: Latvian
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Judgment of the Court (Tenth Chamber) of 4 March 2015
ECLI:EU:C:2015:139 |
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Case C-463/12 Copydan Båndkopi v Nokia Danmark
Reference for a preliminary ruling — Copyright and related rights — Directive 2001/29/EC — Articles 5(2)(b) and 6 — Reproduction right — Exception — Copying for private use — Reproductions made with the aid of mobile telephone memory cards — Fair compensation — Levy on reproduction media — Equal treatment — Reimbursement of the levy — Minimal prejudice
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
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Opinion of Advocate General Cruz Villalón delivered on 18 June 2014
ECLI:EU:C:2014:2001 |
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Judgment of the Court (Fourth Chamber) of 5 March 2015
ECLI:EU:C:2015:144 |
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Joined Cases C-93/13 P and C-123/13 P Commission v Versalis and Eni and Versalis and Eni v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Chloroprene rubber market — Succession of production entities — Imputability of the unlawful conduct — Fines — Repeated infringement — Unlimited jurisdiction
Language of the case: Italian
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Opinion of Advocate General Cruz Villalón delivered on 17 July 2014
ECLI:EU:C:2014:2487 |
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Judgment of the Court (Fifth Chamber) of 5 March 2015
ECLI:EU:C:2015:150 |
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Case C-343/13 Modelo Continente Hipermercados v ACT
Reference for a preliminary ruling — Rules on mergers of public limited liability companies — Directive 78/855/EEC — Merger by acquisition — Article 19 — Effects — Transfer of all the assets and liabilities of the company being acquired to the acquiring company — Infringement by the company being acquired prior to its acquisition — Administrative decision finding infringement post-acquisition — National law — Transfer of the acquired company’s liability for administrative offences — Lawfulness
Request for a preliminary ruling from the Tribunal do Trabalho de Leiria
Language of the case: Portuguese
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Opinion of Advocate General Wathelet delivered on 12 November 2014
ECLI:EU:C:2014:2366 |
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Judgment of the Court (Fifth Chamber) of 5 March 2015
ECLI:EU:C:2015:146 |
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Case C-479/13 Commission v France
Failure of a Member State to fulfil obligations — Taxation — VAT — Application of a reduced rate — Supply of digital books or electronic books
Language of the case: French
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Judgment of the Court (Fourth Chamber) of 5 March 2015
ECLI:EU:C:2015:141 |
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Case C-502/13 Commission v Luxembourg
Failure of a Member State to fulfil obligations — Taxation — VAT — Application of a reduced rate — Supply of digital books or electronic books
Language of the case: French
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Judgment of the Court (Fourth Chamber) of 5 March 2015
ECLI:EU:C:2015:143 |
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Joined Cases C-503/13 and C-504/13 Boston Scientific Medizintechnik v AOK Sachsen-Anhalt – Die Gesundheitskasse and Betriebskrankenkasse
Reference for a preliminary ruling — Consumer protection — Liability for damage caused by defective products — Directive 85/374/EEC — Articles 1, 6(1) and section (a) of the first paragraph of Article 9 — Pacemakers and implantable cardioverter defibrillators — Risk of product failure — Personal injury — Removal of the allegedly defective product and replacement with another product — Reimbursement of the costs of the operation
Requests for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Bot delivered on 21 October 2014
ECLI:EU:C:2014:2306 |
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Judgment of the Court (Fourth Chamber) of 5 March 2015
ECLI:EU:C:2015:148 |
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Case C-553/13 Tallinna Ettevõtlusamet v Statoil Fuel & Retail
Reference for a preliminary ruling — Indirect taxation — Excise duties — Directive 2008/118/EC — Article 1(2) — Liquid fuel subject to excise duty — Sales tax — Concept of ‘specific purpose’ — Predetermined allocation — Organisation of public transport within the territory of a city
Request for a preliminary ruling from the Tallinna Ringkonnakohus
Language of the case: Estonian
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Judgment of the Court (Third Chamber) of 5 March 2015
ECLI:EU:C:2015:149 |
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Case C-585/13 P Europäisch-Iranische Handelsbank v Council
Appeal — Restrictive measures taken against the Islamic Republic of Iran with the aim of preventing nuclear proliferation — Freezing of funds — Restriction of transfers of funds — Assistance to designated entities in evading or violating restrictive measures
Language of the case: English
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Opinion of Advocate General Mengozzi delivered on 12 November 2014
ECLI:EU:C:2014:2365 |
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Judgment of the Court (Fifth Chamber) of 5 March 2015
ECLI:EU:C:2015:145 |
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Case C-667/13 Estado português v Banco Privado Português and Massa Insolvente do Banco Privado Português
Reference for a preliminary ruling — State aid — State guarantee underwriting a loan — Decision 2011/346/EU — Questions concerning validity — Admissibility — Article 107(1) TFEU — Statement of reasons — Effect on trade between Member States — Article 107(3)(b) TFEU — Serious disturbance in the economy of a Member State
Request for a preliminary ruling from the Tribunal do Comércio de Lisboa
Language of the case: Portuguese
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Judgment of the Court (Second Chamber) of 5 March 2015
ECLI:EU:C:2015:151 |
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Case C-175/14 Prankl
Reference for a preliminary ruling — Taxation — Directive 92/12/EEC — General arrangements for products subject to excise duty — Imposition of duty on smuggled goods — Goods released for consumption in one Member State and transported to another Member State — Determination of the competent Member State — Right of the transit State to impose duty on those goods
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Judgment of the Court (Sixth Chamber) of 5 March 2015
ECLI:EU:C:2015:142 |
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Case C-220/14 P Ezz and Others v Council
Appeal — Restrictive measures taken against certain persons in view of the situation in Egypt — Freezing of the funds of persons subject to judicial proceedings for misappropriation of State funds — United Nations Convention against Corruption
Language of the case: English
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Judgment of the Court (Fifth Chamber) of 5 March 2015
ECLI:EU:C:2015:147 |
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Case C-491/14 Rosa dels Vents Assessoria v U Hostels Albergues Juveniles
Reference for a preliminary ruling — Article 99 of the Court’s Rules of Procedure — Trade marks — Directive 2008/95/EC — Article 5(1) — Concept of ‘third party’ — Proprietor of a later trade mark
Request for a preliminary ruling from the Juzgado de lo Mercantil de Madrid
Language of the case: Spanish
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Order of the Court (Third Chamber) of 10 March 2015
ECLI:EU:C:2015:161 |
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Case C-464/13 Europäische Schule München v Oberto and O´Leary
Reference for a preliminary ruling — Statute of the European Schools — Competence of the Complaints Board of the European Schools to rule on a fixed-term employment contract entered into between a European school and a teacher not posted or seconded by a Member State
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Opinion of Advocate General Mengozzi delivered on 4 September 2014
ECLI:EU:C:2014:2169 |
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Judgment of the Court (Fourth Chamber) of 11 March 2015
ECLI:EU:C:2015:163 |
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Case C-628/13 Lafonta v Autorité des marchés financiers
Reference for a preliminary ruling — Approximation of laws — Directive 2003/6/EC — Article 1, point (1) — Directive 2003/124/EC — Article 1(1) — Inside information — Concept of ‘information of a precise nature’ — Potential effect in a particular direction on the prices of financial instruments
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
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Opinion of Advocate General Wathelet delivered on 18 December 2014
ECLI:EU:C:2014:2472 |
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Judgment of the Court (Second Chamber) of 11 March 2015
ECLI:EU:C:2015:162 |
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Case C-538/13 eVigilo v Priešgaisrinės apsaugos ir gelbėjimo departamentas prie Vidaus reikalų ministerijos
Reference for a preliminary ruling — Public procurement — Directives 89/665/EEC and 2004/18/EC — Principles of equal treatment and transparency — Connection between the successful tenderer and the contracting authority’s experts — Obligation to take that connection into account — Burden of proving bias on the part of an expert — Such bias having no effect on the final result of the evaluation — Time-limit for instituting proceedings — Challenging the abstract award criteria -Those criteria clarified after the exhaustive reasons for the award of the contract had been communicated — Degree of the tenders’ conformity with the technical specifications as an evaluation criterion
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
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Judgment of the Court (Fifth Chamber) of 12 March 2015
ECLI:EU:C:2015:166 |
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Case C-577/13 Actavis Group PTC and Actavis UK v Boehringer Ingelheim Pharma
Reference for a preliminary ruling — Medicinal products for human use — Regulation (EC) No 469/2009 — Article 3 — Supplementary protection certificate — Conditions for obtaining such a certificate — Medicinal products containing in whole or in part the same active ingredient — Medicinal products placed on the market in succession — Combination of active ingredients — Active ingredient previously marketed in the form of a medicinal product with a single active ingredient — Conditions for obtaining several certificates on the basis of the same patent — Modification of the active ingredients of a basic patent
Request for a preliminary ruling from the High Court of Justice of England and Wales, Chancery Division (Patents Court)
Language of the case: English
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Judgment of the Court (Eighth Chamber) of 12 March 2015
ECLI:EU:C:2015:165 |
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Case C-594/13 'go fair' Zeitarbeit v Finanzamt Hamburg-Altona
References for a preliminary ruling — VAT — Directive 2006/112/EC — Article 132(1)(g) — Exemption for supplies of services closely linked to welfare and social security work — Concept of ‘bodies recognised as being devoted to social wellbeing’ — Temporary-work agency — Hiring out of qualified care workers — Exemption not allowed
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Judgment of the Court (Ninth Chamber) of 12 March 2015
ECLI:EU:C:2015:164 |
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Case C-533/13 AKT v Öljytuote and Shell Aviation
Reference for a preliminary ruling — Social policy — Directive 2008/104/EC — Temporary agency work — Article 4(1) — Prohibitions or restrictions on the use of temporary agency work — Justification — Grounds of general interest — Obligation to review — Scope
Request for a preliminary ruling from the Työtuomioistuin
Language of the case: Finnish
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Opinion of Advocate General Szpunar delivered on 20 November 2014
ECLI:EU:C:2014:2392 |
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Judgment of the Court (Grand Chamber) of 17 March 2015
ECLI:EU:C:2015:173 |
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Case C-266/13 Kik v Staatssecretaris van Financiën
Reference for a preliminary ruling — Social security — Regulation (EEC) No 1408/71 — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — National of a Member State, in which he resides, employed on a pipe-laying vessel flying the flag of another third State — Person initially employed by an undertaking established in the Netherlands and subsequently by an undertaking established in Switzerland — Work performed, in succession, on the continental shelf adjacent to a third State, in international waters and in the part of the continental shelf adjacent to certain Member States — Scope ratione personae of Regulation No 1408/71 — Determination of the legislation applicable
Request for a preliminary ruling the from Hoge Raad der Nederlanden
Language of the case: Dutch
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Opinion of Advocate General Cruz Villalón delivered on 16 October 2014
ECLI:EU:C:2014:2300 |
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Judgment of the Court (Fifth Chamber) of 19 March 2015
ECLI:EU:C:2015:188 |
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Case C-286/13 P Dole Food and Dole Fresh Fruit Europe v Commission
Appeals — Competition — Agreements, decisions and concerted practices — European banana market — Coordination in the setting of quotation prices — Obligation to state reasons — Belated statement of reasons — Belated submission of evidence — Rights of defence — Principle of equality of arms — Principles governing the establishment of the facts — Distortion of the facts — Assessment of the evidence — Market structure — Requirement for the Commission to specify those aspects of the exchange of information which constitute a restriction of competition by object — Burden of proof — Calculation of the fine — Whether sales made by subsidiaries not involved in the infringement are to be taken into account — Sales of the same bananas counted twice
Language of the case: English
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Opinion of Advocate General Kokott delivered on 11 December 2014
ECLI:EU:C:2014:2437 |
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Judgment of the Court (Second Chamber) of 19 March 2015
ECLI:EU:C:2015:184 |
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Case C-510/13 E.ON Földgáz Trade v Magyar Energetikai és Közmű-szabályozási Hivatal
Reference for a preliminary ruling — Internal market in natural gas –Directive 2003/55/EC — Article 25 — Directive 2009/73/EC — Articles 41 and 54 — Temporal application –Regulation (EC) No 1775/2005 — Article 5 — Capacity allocation mechanisms and congestion management procedures — Decision of a regulatory authority — Right to bring an action — Action brought by a company holding a natural gas transmission authorisation — Charter of Fundamental Rights of the European Union — Article 47 — Right to effective judicial protection against a decision of a regulatory authority
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
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Opinion of Advocate General Cruz Villalón delivered on 23 October 2014
ECLI:EU:C:2014:2325 |
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Judgment of the Court (Fourth Chamber) of 19 March 2015
ECLI:EU:C:2015:189 |
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Case C-672/13 OTP Bank v Magyar Állam and Magyar Államkincstár
Reference for a preliminary ruling — State aid — Article 107(1) TFEU — Concept of ‘State aid’ — Housing aid granted prior to the accession of Hungary to the European Union to certain categories of household — Payment of the aid by credit institutions in exchange for a State guarantee — Article 108(3) TFEU — Measure not previously notified to the European Commission — Illegality
Request for a preliminary ruling from the Fővárosi Törvényszék Gazdasági Kollégium
Language of the case: Hungarian
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Judgment of the Court (Sixth Chamber) of 19 March 2015
ECLI:EU:C:2015:185 |
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Case C-182/14 P Mega Brands International v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Application for registration of the Community word mark MAGNEXT — Opposition by the proprietor of the earlier national word mark MAGNET 4 — Likelihood of confusion
Language of the case: English
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Judgment of the Court (Sixth Chamber) of 19 March 2015
ECLI:EU:C:2015:187 |
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Case C-279/13 C More Entertainment v Sandberg
Reference for a preliminary ruling — Approximation of laws — Copyright and related rights — Directive 2001/29/EC — Information society — Harmonisation of certain aspects of copyright and related rights — Article 3(2) — Direct broadcast of a sporting fixture on an internet site
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
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Judgment of the Court (Ninth Chamber) of 26 March 2015
ECLI:EU:C:2015:199 |
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Case C-316/13 Fenoll v Centre d'aide par le travail La Jouvene and APEI d'Avignon
Reference for a preliminary ruling — Social policy — Charter of Fundamental Rights of the European Union — Article 31(2) — Directive 2003/88/EC — Article 7 — Definition of ‘worker’ — Disabled person — Right to paid annual leave — National legislation incompatible with EU law — Role of the national court
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 12 June 2014
ECLI:EU:C:2014:1753 |
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Judgment of the Court (First Chamber) of 26 March 2015
ECLI:EU:C:2015:200 |
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Case C-499/13 Macikowski v Dyrektor Izby Skarbowej w Gdańsku
Reference for a preliminary ruling — Common system of value added tax — Principles of proportionality and fiscal neutrality — Taxation of a supply of immovable property in a procedure for compulsory sale by auction — National legislation requiring the court enforcement officer executing such a sale to calculate and pay VAT on the transaction — Payment of the purchase price to the competent court and need for the VAT to be paid to be transferred by that court to the court enforcement officer — Liability for damages and criminal liability of the court enforcement officer for non-payment of VAT — Difference between the general statutory time-limit for the payment of VAT by a taxable person and the time-limit imposed on the court enforcement officer — Impossibility of deducting the input VAT paid
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Opinion of Advocate General Kokott delivered on 6 November 2014
ECLI:EU:C:2014:2351 |
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Judgment of the Court (First Chamber) of 26 March 2015
ECLI:EU:C:2015:201 |
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Case C-556/13 Litaksa v BTA Insurance Company
Reference for a preliminary ruling — Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 90/232/EEC — Article 2 — Differentiation in the amount of the insurance premium depending on the territory in which the vehicle is used
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
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Judgment of the Court (Fourth Chamber) of 26 March 2015
ECLI:EU:C:2015:202 |
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Case C-596/13 P Commission v Moravia Gas Storage
Appeals — Internal market in natural gas — Obligation of natural gas undertakings — Organisation of a system of negotiated third party access to gas storage facilities — Decision of the Czech authorities — Temporary exemption for future underground gas storage facilities in Dambořice — Commission decision — Order to withdraw the exemption decision — Directives 2003/55/EC and 2009/73/EC — Temporal application
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 11 December 2014
ECLI:EU:C:2014:2438 |
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Judgment of the Court (Second Chamber) of 26 March 2015
ECLI:EU:C:2015:203 |
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Case C-601/13 Ambisig v Nersant and Núcleo Inicial
Reference for a preliminary ruling — Directive 2004/18/EC — Public service contracts — Conduct of the procedure — Contract award criteria — Qualifications of the staff assigned to performance of the contract
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Wathelet delivered on 18 December 2014
ECLI:EU:C:2014:2474 |
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Judgment of the Court (Fifth Chamber) of 26 March 2015
ECLI:EU:C:2015:204 |
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Information (on unpublished decisions)
Case C-178/14 Vario Tek v Hauptzollamt Düsseldorf
Reference for a preliminary ruling — Customs union and Common Customs Tariff — Combined nomenclature — Tariff classification — Heading 8525 80 — Television cameras, digital cameras and video camera recorders — Subheadings 8525 80 91 and 8525 80 99 — Video cameras integrated into sports goggles — ‘Optical zoom’ function — Recording of files from external sources
Case C-23/15 Andre
Reference for a preliminary ruling — No description of the factual and legal background of the case in the main proceedings — Manifest inadmissibility
Case C-7/14 P Wünsche Handelsgesellschaft International v Commission
Appeal — Community Customs Code — Articles 220(2) and 239 — Refund of import duties — Import of preserved mushrooms from China — Decision declaring the refund of import duties unjustified
April 2015
Case C-409/13 Council v Commission
Action for annulment — Macro-financial assistance to third countries — Decision of the Commission to withdraw a proposal for a framework regulation — Articles 13(2) TEU and 17 TEU — Article 293 TFEU — Principle of conferral of powers — Principle of institutional balance — Principle of sincere cooperation — Article 296 TFEU — Obligation to state reasons
Language of the case: French
| Summary |
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Opinion of Advocate General Jääskinen delivered on 18 December 2014
ECLI:EU:C:2014:2470 |
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Judgment of the Court (Grand Chamber) of 14 April 2015
ECLI:EU:C:2015:217 |
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Case C-527/13 Cachaldora Fernández v Instituto Nacional de la Seguridad Social and Tesorería General de la Seguridad Social
Reference for a preliminary ruling — Male and female workers — Equal treatment in matters of social security — Directive 79/7/EEC — Article 4 — Directive 97/81/EC — UNICE, CEEP and ETUC Framework Agreement on part-time work — Calculation of benefit — System for inclusion of contribution gaps — Part-time workers and full-time workers
Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Bot delivered on 9 October 2014
ECLI:EU:C:2014:2278 |
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Judgment of the Court (Grand Chamber) of 14 April 2015
ECLI:EU:C:2015:215 |
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Case C-76/14 Manea v Serviciul Public Comunitar Regim Permise de Conducere si Inmatriculare a Vehiculelor
Reference for a preliminary ruling — Internal taxation — Article 110 TFEU — Tax levied by a Member State on motor vehicles at the time of their first registration or of the first transfer of the right of ownership — Neutrality as between second-hand motor vehicles imported from other Member States and similar motor vehicles available on the domestic market
Request for a preliminary ruling from the Curtea de Apel Braşov
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Szpunar delivered on 10 February 2015
ECLI:EU:C:2015:74 |
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Judgment of the Court (Grand Chamber) of 14 April 2015
ECLI:EU:C:2015:216 |
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Joined Cases C-446/12 to C-449/12 Willems and Others v Burgemeester van Nuth and Others
Reference for a preliminary ruling — Area of freedom, security and justice — Biometric passport — Biometric data — Regulation (EC) No 2252/2004 — Article 1(3) — Article 4(3) — Use of data collected for purposes other than the issue of passports and travel documents — Establishment and use of databases containing biometric data — Legal guarantees — Charter of Fundamental Rights of the European Union — Articles 7 and 8 — Directive 95/46/EC — Articles 6 and 7 — Right to privacy — Right to the protection of personal data — Application to identity cards
Requests for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Judgment of the Court (Fourth Chamber) of 16 April 2015
ECLI:EU:C:2015:238 |
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Joined Cases C-317/13 and C-679/13 Parliament v Council
Action for annulment — Police and judicial cooperation in criminal matters — New psychoactive substance subjected to control measures — Determination of legal basis — Legal framework applicable following the entry into force of the Treaty of Lisbon — Transitional provisions — Secondary legal basis — Consultation of Parliament
Language of the case: French
| Summary |
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Opinion of Advocate General Wahl delivered on 22 January 2015
ECLI:EU:C:2015:34 |
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Judgment of the Court (Fourth Chamber) of 16 April 2015
ECLI:EU:C:2015:223 |
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Case C-388/13 Nemzeti Fogyasztóvédelmi Hatóság v UPC Magyarország
Reference for a preliminary ruling — Directive 2005/29/EC — Unfair commercial practices — Erroneous information provided by a telecommunications undertaking to one of its subscribers which has resulted in additional costs for the latter — Classification as a ‘misleading commercial practice’
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Wahl delivered on 23 October 2014
ECLI:EU:C:2014:2323 |
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Judgment of the Court (First Chamber) of 16 April 2015
ECLI:EU:C:2015:225 |
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Case C-477/13 Eintragungsausschuss bei der Bayerischen Architektenkammer v Angerer
Reference for a preliminary ruling — Directive 2005/36/EC — Article 10 — Recognition of professional qualifications — Access to the profession of architect — Titles not listed in Annex V, point 5.7.1 — Concepts of ‘specific and exceptional reasons’ and ‘architect’
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 5 November 2014
ECLI:EU:C:2014:2338 |
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Judgment of the Court (Fourth Chamber) of 16 April 2015
ECLI:EU:C:2015:239 |
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Case C-540/13 Parliament v Council
Action for annulment — Police and judicial cooperation in criminal matters — Setting of the date on which an earlier decision is to take effect — Determination of the legal basis — Legal framework applicable following the entry into force of the Treaty of Lisbon — Transitional provisions — Secondary legal basis — Consultation of Parliament
Language of the case: French
| Summary |
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Opinion of Advocate General Wahl delivered on 22 January 2015
ECLI:EU:C:2015:35 |
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Judgment of the Court (Fourth Chamber) of 16 April 2015
ECLI:EU:C:2015:224 |
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Case C-557/13 Lutz v Bäuerle
Reference for a preliminary ruling — Regulation (EC) No 1346/2000 — Articles 4 and 13 — Insolvency proceedings — Payment made after the date on which insolvency proceedings were opened on the basis of attachment carried out before that date — Action to set aside an act detrimental to the interests of the creditors — Limitation periods or other time-bars relating to actions to set transactions aside — Procedural requirements for the action — Applicable law
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 27 November 2014
ECLI:EU:C:2014:2404 |
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Judgment of the Court (First Chamber) of 16 April 2015
ECLI:EU:C:2015:227 |
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Case C-570/13 Gruber v Unabhängiger Verwaltungssenat für Kärnten and Others
Reference for a preliminary ruling — Environment — Directive 2011/92/EU — Assessment of the effects of certain public and private projects on the environment — Construction of a retail park — Binding effect of an administrative decision not to carry out an environmental impact assessment — No public participation
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Kokott delivered on 13 November 2014
ECLI:EU:C:2014:2374 |
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Judgment of the Court (Fifth Chamber) of 16 April 2015
ECLI:EU:C:2015:231 |
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Case C-591/13 Commission v Germany
Failure of a Member State to fulfil obligations — Tax legislation — Deferral of taxation of capital gains realised on the sale of certain capital assets — Recovery of the tax — Freedom of establishment — Article 49 TFEU — Article 31 of the EEA Agreement — Difference in treatment between permanent establishments located within the territory of a Member State and permanent establishments located within the territory of another Member State of the European Union or of the European Economic Area — Proportionality
Language of the case: German
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Judgment of the Court (Third Chamber) of 16 April 2015
ECLI:EU:C:2015:230 |
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Case C-690/13 Trapeza Eurobank Ergasias v ATE and Sidiropoulos
Reference for a preliminary ruling — State aid — Meaning — Article 87(1) EC — Privileges granted to a bank — Company exercising public service obligations — Existing aid and new aid — Article 88(3) EC — Powers of the national court
Request for a preliminary ruling from the Monomeles Efeteio Thrakis
Language of the case: Greek
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Judgment of the Court (Ninth Chamber) of 16 April 2015
ECLI:EU:C:2015:235 |
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Case C-3/14 Prezes Urzędu Komunikacji Elektronicznej and Telefonia Dialog v T-Mobile Polska
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/21/EC — Articles 7 and 20 — Resolution of disputes between undertakings providing electronic communications networks or services — Obligation to implement the procedure laid down in Article 7(3) — Measure which may have an effect on trade between Member States — Directive 2002/19/EC — Article 5 — Powers and responsibilities of the national regulatory authorities with regard to access and interconnection — Directive 2002/22/EC — Article 28 — Non-geographic numbers
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
| Summary |
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Opinion of Advocate General Bot delivered on 15 January 2015
ECLI:EU:C:2015:16 |
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Judgment of the Court (Third Chamber) of 16 April 2015
ECLI:EU:C:2015:232 |
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Case C-42/14 Minister Finansów v Wojskowa Agencja Mieszkaniowa w Warszawie
Reference for a preliminary ruling — Taxation — Common system of value added tax — Letting of immovable property — Supply of electricity, heating, water and refuge collection — Agreements between the landlord and the suppliers of those goods and services — Supplies provided to the tenant considered to be provided by the landlord — Service charges — Determination of the taxable amount — Possibility of including service charges in the taxable amount of rental services — Transaction composed of a single supply or several independent supplies
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Judgment of the Court (Third Chamber) of 16 April 2015
ECLI:EU:C:2015:229 |
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Case C-143/14 TMK Europe v HZA Frankfurt Oder
Reference for a preliminary ruling — Dumping — Imports of certain pipes and tubes of iron or steel — Regulation (EC) No 384/96 — Article 3(7) — Damage to industry — Known factors — Causal link — Failure to take into account an investigation into anti-competitive practices by Community undertakings in the relevant sector — Regulation (EC) No 2320/97 — Validity
Request for a preliminary ruling from the Finanzgericht Berlin-Brandenburg
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 16 April 2015
ECLI:EU:C:2015:236 |
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Joined Cases C-271/14 and C-273/14 LFB Biomédicaments and Others v Ministre des Finances et des Comptes publics and Ministre des Affaires sociales et de la Santé
Reference for a preliminary ruling — Medicinal products for human use — Directive 89/105/EEC — Article 6(3) and (5) — Removal of medicinal products from a list of pharmaceutical proprietary products covered in addition to fixed payments in respect of hospital treatment — Obligation to state reasons
Requests for a preliminary ruling the from the Conseil d'État
Language of the case: French
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Judgment of the Court (Eighth Chamber) of 16 April 2015
ECLI:EU:C:2015:237 |
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Case C-278/14 SC Enterprise Focused Solutions v Spitalul Județean de Urgență Alba Iulia
Reference for a preliminary ruling — Public procurement — Supply — Technical specifications — Principles of equal treatment and of non-discrimination — Obligation of transparency — Reference to a product of a particular brand — Assessment of the equivalence of the product offered by a tenderer — Reference product no longer in production
Request for a preliminary ruling from the Curtea de Apel Alba Iulia
Language of the case: Romanian
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Judgment of the Court (Fifth Chamber) of 16 April 2015
ECLI:EU:C:2015:228 |
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Case C-605/13 P Anbouba v Council
Appeal — Common foreign and security policy — Restrictive measures against the Syrian Arab Republic — Measures directed against persons and entities benefiting from the regime — Proof that inclusion on the lists is well founded — Set of indicia
Language of the case: French
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Opinion of Advocate General Bot delivered on 8 January 2015
ECLI:EU:C:2015:2 |
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Judgment of the Court (Grand Chamber) of 21 April 2015
ECLI:EU:C:2015:248 |
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Case C-630/13 P Anbouba v Council
Appeal — Common foreign and security policy — Restrictive measures against the Syrian Arab Republic — Measures directed against persons and entities benefiting from the regime — Proof that inclusion on the lists is well founded — Set of indicia
Language of the case: French
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Judgment of the Court (Grand Chamber) of 21 April 2015
ECLI:EU:C:2015:247 |
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Case C-114/14 Commission v Sweden
Failure of a Member State to fulfil obligations — Value added tax — Sixth Directive 77/388/EEC — Directive 2006/112/EC — Articles 132(1)(a) and 135(1)(h) — Exemptions — Public postal services — Postage stamps — Directive 97/67/CE
Language of the case: Swedish
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Judgment of the Court (Grand Chamber) of 21 April 2015
ECLI:EU:C:2015:249 |
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Case C-357/13 Drukarnia Multipress v Minister Finansów
Reference for a preliminary ruling — Taxation — Directive 2008/7/EC — Article 2(1)(b) and (c) — Indirect taxes on the raising of capital — Subjection to capital duty — Contributions of capital to a partnership limited by shares — Classification of such a partnership as a capital company
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Krakowie
Language of the case: Polish
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Opinion of Advocate General Jääskinen delivered on 18 December 2014
ECLI:EU:C:2014:2471 |
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Judgment of the Court (Second Chamber) of 22 April 2015
ECLI:EU:C:2015:253 |
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Case C-260/13 Aykul v Land Baden-Württemberg
Reference for a preliminary ruling — Directive 2006/126/EC — Mutual recognition of driving licences — Refusal of a Member State to recognise, in the case of a person having driven under the influence of narcotic substances, the validity of a driving licence issued by another Member State
Request for a preliminary ruling from the Verwaltungsgericht Sigmaringen
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 4 September 2014
ECLI:EU:C:2014:2166 |
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Judgment of the Court (Fifth Chamber) of 23 April 2015
ECLI:EU:C:2015:257 |
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Case C-382/13 Franzen and Others v Raad van bestuur van de Sociale verzekeringbank
Reference for a preliminary ruling — Social security for migrant workers — Regulation (EEC) No 1408/71 — Articles 13(2) and 17 — Casual work in a Member State other than the State of residence — Legislation applicable — Refusal to grant family benefits and reduction of the old-age pension by the State of residence
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
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Opinion of Advocate General Szpunar delivered on 10 September 2014
ECLI:EU:C:2014:2190 |
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Judgment of the Court (Fourth Chamber) of 23 April 2015
ECLI:EU:C:2015:261 |
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Case C-424/13 Zuchtvieh-Export v Stadt Kempten
Reference for a preliminary ruling — Agriculture — Regulation (EC) No 1/2005– Protection of animals during transport — Long journey between Member States and between Member States and third countries — Article 14(1) — Check to be carried out related to the journey log by the competent authority at the place of departure prior to long journeys — Applicability of that provision in regards to the stages of the journey taking place outside the territory of the European Union — Applicability of the standards fixed by that regulation to that part of the journey
Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 11 September 2014
ECLI:EU:C:2014:2216 |
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Judgment of the Court (Fifth Chamber) of 23 April 2015
ECLI:EU:C:2015:259 |
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Case C-635/13 ALKA v Autoritatea Națională a Vămilor - Direcția Regională pentru Accize și Operațiuni Vamale Galați and Direcţia Generală a Finanţelor Publice a Municipiului București
Reference for a preliminary ruling — Common customs tariff — Tariff classification — Combined Nomenclature — Heading 1207 — Oilseeds — Heading 1209 — Seeds for sowing — Heading 1212 — Seeds principally used for human foodstuffs, not specified or included elsewhere — Import of raw shelled pumpkin seeds originating from China
Request for a preliminary ruling from the Tribunalul București
Language of the case: Romanian
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Judgment of the Court (Tenth Chamber) of 23 April 2015
ECLI:EU:C:2015:268 |
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Case C-16/14 Property Development Company v Belgische Staat
Reference for a preliminary ruling — Taxation — Sixth VAT Directive — Article 11A — Application of goods treated as a supply for consideration — Application of a building for an activity exempt from VAT — Taxable amount for that application — Interim interest paid during the construction of the building
Request for a preliminary ruling from the Hof van Beroep te Gent
Language of the case: Dutch
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Judgment of the Court (Third Chamber) of 23 April 2015
ECLI:EU:C:2015:265 |
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Case C-38/14 Subdelegación del Gobierno en Guipuzkoa - Extranjeria v Zaizoune
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures for returning illegally staying third-country nationals — Articles 6(1) and 8(1) — National legislation providing, in the event of illegal staying, for either a fine or removal, depending on the circumstances
Request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco
Language of the case: Spanish
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Judgment of the Court (Fourth Chamber) of 23 April 2015
ECLI:EU:C:2015:260 |
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Case C-96/14 Van Hove v CNP Assurances
Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms — Insurance contract — Article 4(2) — Assessment of the unfairness of contractual terms — Exclusion of terms relating to the main subject-matter of the contract — Term intended to ensure that mortgage loan repayments are covered — Borrower’s total incapacity for work — Exclusion from cover in the event of recognised fitness to undertake an activity, paid or otherwise
Request for a preliminary ruling from the Tribunal de grande instance de Nîmes
Language of the case: French
| Summary |
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Judgment of the Court (Third Chamber) of 23 April 2015
ECLI:EU:C:2015:262 |
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Case C-111/14 GST – Sarviz AG Germania v Direktor na Direktsia „Obzhalvane i danachno-osiguritelna praktika“ Plovdiv pri Tsentralno upravlenie na NAP
Common system of value added tax — Directive 2006/112/EC — Principle of fiscal neutrality — Person liable for payment of VAT — Erroneous payment of VAT by the person to whom the supply is made — Liability to VAT of the supplier of services — Refusal to grant the supplier of services a refund of the VAT
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Judgment of the Court (Sixth Chamber) of 23 April 2015
ECLI:EU:C:2015:267 |
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Case C-227/14 P LG Display and LG Display Taiwan v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU and Article 53 of the EEA Agreement — Worldwide market for liquid crystal display (LCD) panels — Price-fixing — Fines — Guidelines on the method of setting fines (2006) — Point 13 — Determination of value of sales — Joint venture — Taking sales to parent companies into account — Notice on immunity from fines and reduction of fines in cartel cases (2002) — Point 23(b), final paragraph — Partial immunity from fines — Evidence of facts previously unknown to the Commission
Language of the case: English
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Judgment of the Court (Eighth Chamber) of 23 April 2015
ECLI:EU:C:2015:258 |
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Case C-35/15 P(R) Commission v Vanbreda Risk & Benefits
Appeals — Order for interim measures — Public service contracts — Procurement procedure concerning the supply of insurance services for property and persons — Rejection of the bid made by a tenderer and decision to award the contract to another tenderer — Application for suspension of operation — Particularly serious prima facie case — Urgency — Serious harm — No irreparable harm — Right to an effective remedy — Directive 89/665/EEC — Article 47 of the Charter of Fundamental Rights of the European Union — Standstill period before conclusion of the contract — Access to information permitting assessment of the lawfulness of the award decision
Language of the case: French
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Order of the Vice-President of the Court of 23 April 2015
ECLI:EU:C:2015:275 |
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Case C-203/14 Consorci Sanitari del Maresme v Corporació de Salut del Maresme i la Selva
Opening of the oral procedure — Holding a hearing
Request for a preliminary ruling from the Tribunal Català de Contractes del Sector Públic
Language of the case: Spanish
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Order of the Court (Grand Chamber) of 24 April 2015
ECLI:EU:C:2015:279 |
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Case C-28/12 Commission v Council
Action for annulment — Mixed international agreements — Decision authorising the signing of those agreements and providing for their provisional application — Decision of the Council and of the Representatives of the Governments of the Member States meeting within the Council — Autonomy of the EU legal order — Participation of the Member States in the procedure and decision provided for in Article 218 TFEU — Voting arrangements within the Council
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 29 January 2015
ECLI:EU:C:2015:43 |
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Judgment of the Court (Grand Chamber) of 28 April 2015
ECLI:EU:C:2015:282 |
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Case C-456/13 P T & L Sugars and Sidul Açúcares v Commission
Appeal — Action for annulment — Article 263, fourth paragraph, TFEU — Right to bring an action — Locus standi — Natural or legal persons — Regulatory act not entailing implementing measures — Act of individual concern to the appellants — Right to effective judicial protection — Exceptional measures relating to the release of out-of-quota sugar and isoglucose on the European Union market — Marketing year 2010/2011
Language of the case: English
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 14 October 2014
ECLI:EU:C:2014:2283 |
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Judgment of the Court (Grand Chamber) of 28 April 2015
ECLI:EU:C:2015:284 |
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Case C-51/13 Nationale-Nederlanden Levensverzekering Mij v van Leeuwen
Reference for a preliminary ruling — Direct life assurance — Directive 92/96/EEC — Article 31(3) — Information to be provided to the policyholder — Obligation for the insurer to provide further information on costs and premiums under general unwritten rules of national law
Request for a preliminary ruling from the Rechtbank Rotterdam
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 12 June 2014
ECLI:EU:C:2014:1921 |
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Judgment of the Court (Fifth Chamber) of 29 April 2015
ECLI:EU:C:2015:286 |
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Case C-528/13 Léger v Ministre des Affaires sociales, de la Santé et des Droits des femmes and Etablissement français du sang
Reference for a preliminary ruling — Public health — Directive 2004/33/EC — Technical requirements relating to blood and blood components — Blood donation — Eligibility criteria for blood donors — Criteria for permanent or temporary deferral — Persons whose sexual behaviour puts them at a high risk of acquiring severe infectious diseases that can be transmitted by blood — Man who has had sexual relations with another man — Charter of Fundamental Rights of the European Union — Articles 21(1) and 52(1) — Sexual orientation — Discrimination — Justification — Proportionality
Request for a preliminary ruling from the Tribunal administratif de Strasbourg
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 17 July 2014
ECLI:EU:C:2014:2112 |
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Judgment of the Court (Fourth Chamber) of 29 April 2015
ECLI:EU:C:2015:288 |
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Case C-148/14 Bundesrepublik Deutschland v Nordzucker
Reference for a preliminary ruling — Environment — Directive 2003/87/EC — Greenhouse gas emission allowance trading scheme in the European Union — Determination of the extent of the obligation to surrender allowances — Penalties — Article 16(1) and (3)
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 5 February 2015
ECLI:EU:C:2015:64 |
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Judgment of the Court (Second Chamber) of 29 April 2015
ECLI:EU:C:2015:287 |
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Case C-80/14 USDAW and Wilson v WW Realisation 1 and Others
Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — Article 1(1)(a) — Meaning of ‘establishment’ — Method of calculating the number of workers made redundant
Request for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)
Language of the case: English
| Summary |
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Judgment of the Court (Fifth Chamber) of 30 April 2015
ECLI:EU:C:2015:291 |
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Case C-97/14 SMK v Nemzeti Adó- és Vámhivatal Dél-alföldi Regionális Adó Főigazgatósága and Nemzeti Adó- és Vámhivatal
Reference for a preliminary ruling — Common system of value added tax —Directive 2006/112/EC — Articles 52(c) and 55 — Determination of the place of supply of services — Recipient of the service identified for value added tax purposes in several Member States — Dispatch or transport out of the Member State in which the service has been physically carried out
Request for a preliminary ruling from the Gyulai Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
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Judgment of the Court (Eighth Chamber) of 30 April 2015
ECLI:EU:C:2015:290 |
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Information (on unpublished decisions)
Case C-497/14 Burzio
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Article 50 — Principle of ne bis in idem — National legislation providing for an administrative penalty and a criminal penalty for failure to pay withholding taxes — No implementation of EU law — Clear lack of jurisdiction
Case C-173/14 P European Dynamics Belgium and Others v EMA
Appeal — Public service contracts — Invitation to tender — Award criteria — Transparency — Objective assessment — Claim for damages
Case C-598/13 Casa Judeţeană de Pensii Botoşani v Guletsou
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical question referred — Social security for migrant workers — Regulation (EEC) No 1408/71 — Article 7(2)(c) — Applicability of social security conventions between Member States — Repatriated refugee whose country of origin is a Member State — Completion of periods of employment in the territory of another Member State — Application for grant of an old-age benefit — Refusal
Case C-646/13 Casa Judeţeană de Pensii Brăila v E.S.
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Social security for migrant workers — Regulation (EC) No 883/2004 — Article 8(1) — Applicability of social security conventions between Member States — Repatriated refugee originating in a Member State — Completion of periods of employment within the territory of another Member State — Application for the grant of an old-age benefit — Application refused
Case C-668/13 Casa Judeţeană de Pensii Botoşani v Paraskevopoulou
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical question referred — Social security for migrant workers — Regulation (EEC) No 1408/71 — Article 7(2)(c) — Applicability of social security conventions between Member States — Repatriated refugee whose country of origin is a Member State — Completion of periods of employment in the territory of another Member State — Application for grant of an old-age benefit — Refusal
Case C-120/14 P Klein v Commission
Appeal — Non-contractual liability — Directive 93/42/EEC — Articles 8 and 18 — Medical devices — Inaction by the Commission following notification of a decision to prohibit placing on the market — Limitation period — Suspensory effect of an application for legal aid on the limitation period — Safeguard clause procedure
Case C-376/13 Commission v Bulgaria
Failure to fulfil obligations — Electronic communications networks and services — Directives 2002/20/EC, 2002/21/EC and 2002/77/EC — Rights of use of the terrestrial digital television broadcasting radio spectrum — Public procurement procedure — Criteria for selection of tenderers — Proportionality — Special rights
Case C-149/14 Commission v Greece
Failure of a Member State to fulfil obligations — Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources — Designation of waters and vulnerable zones — Excessive concentration of nitrates — Eutrophification — Obligation of four-yearly revision — Insufficiency — Establishment of action programmes — None
Case C-64/14 P von Storch v ECB
Appeals — Actions for annulment — Admissibility — Directly concerned person — Decisions adopted by the European Central Bank — Orientation 2012/641/EU of the European Central Bank — Article 181 of the Rules of Procedure of the Court of Justice
Case C-622/13 P Castel Frères v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(c) and (j) — Word mark CASTEL — Indication of geographical origin — Application for a declaration of invalidity brought by the proprietor of the indication of geographical origin ‘Castell’ — Article 181 of the Rules of Procedure of the Court of Justice — Appeal manifestly inadmissible in part and manifestly unfounded in part
May 2015
Case C-146/13 Spain v Parliament and Council
Action for annulment — Implementing enhanced cooperation — Creation of unitary patent protection — Regulation (EU) No 1257/2012 — First paragraph of Article 118 TFEU — Legal basis — Article 291 TFEU — Delegation of powers to bodies outside the European Union — Principles of autonomy and uniform application of EU law
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Bot delivered on 18 November 2014
ECLI:EU:C:2014:2380 |
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Judgment of the Court (Grand Chamber) of 5 May 2015
ECLI:EU:C:2015:298 |
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Case C-147/13 Spain v Council
Action for annulment — Implementing enhanced cooperation — Unitary patent — Regulation (EU) No 1260/2012 — Provisions concerning translation — Principle of non-discrimination — Article 291 TFEU — Delegation of powers to bodies outside the European Union — Second paragraph of Article 118 TFEU — Legal basis — Principle of autonomy of EU law
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Bot delivered on 18 November 2014
ECLI:EU:C:2014:2381 |
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Judgment of the Court (Grand Chamber) of 5 May 2015
ECLI:EU:C:2015:299 |
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Case C-445/13 P Voss of Norway v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute ground for refusal — No distinctive character — Three-dimensional sign consisting of the shape of a cylindrical bottle
Language of the case: English
| Summary |
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Judgment of the Court (Sixth Chamber) of 7 May 2015
ECLI:EU:C:2015:303 |
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Case C-182/13 Lyttle and Others v Bluebird UK Bidco 2
Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — Article 1(1)(a) — Meaning of ‘establishment’ — Method of calculating the number of workers made redundant
Request for a preliminary ruling from the Industrial Tribunals (Northern Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Wahl delivered on 5 February 2015
ECLI:EU:C:2015:65 |
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Judgment of the Court (Fifth Chamber) of 13 May 2015
ECLI:EU:C:2015:317 |
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Case C-392/13 Rabal Cañas v Nexea Gestión Documental and Fondo de Garantia Salarial
Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — Meaning of ‘establishment’ — Method of calculating the number of workers made redundant
Request for a preliminary ruling from the Juzgado de lo Social de Barcelona
Language of the case: Spanish
| Summary |
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Judgment of the Court (Fifth Chamber) of 13 May 2015
ECLI:EU:C:2015:318 |
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Case C-516/13 Dimensione Direct Sales and Labianca v Knoll International
Reference for a preliminary ruling — Copyright — Directive 2001/29/EC — Article 4(1) — Distribution right – Concept of ‘distribution to the public’ — Offer for sale and advertising by a trader of a Member State on its website, by direct mail and in the press in another Member State — Reproductions of protected furniture for sale without the consent of the holder of the exclusive distribution right — Offer or advertising not leading to the purchase of the original or copies of a protected work
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 4 December 2014
ECLI:EU:C:2014:2415 |
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Judgment of the Court (Fourth Chamber) of 13 May 2015
ECLI:EU:C:2015:315 |
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Case C-536/13 Gazprom v Lietuvos Respublika
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Scope — Arbitration — Not included — Recognition and enforcement of foreign arbitral awards — Order issued by an arbitral tribunal having its seat in a Member State — Order that proceedings not be brought or continued before a court of another Member State — Power of the courts of a Member State to refuse to recognise the arbitral award — New York Convention
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Wathelet delivered on 4 December 2014
ECLI:EU:C:2014:2414 |
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Judgment of the Court (Grand Chamber) of 13 May 2015
ECLI:EU:C:2015:316 |
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Case C-546/12 P Schräder v CPVO
Appeals — Community plant variety rights — Community Plant Variety Office (CPVO) — Regulation (EC) No 2100/94 — Articles 20 and 76 –Regulation (EC) No 874/2009 — Article 51 — Application to initiate nullity proceedings in respect of Community plant variety rights — Principle of examination by the CPVO of its own motion — Proceedings before the Board of Appeal of the CPVO — Substantial evidence
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 13 November 2014
ECLI:EU:C:2014:2373 |
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Judgment of the Court (First Chamber) of 21 May 2015
ECLI:EU:C:2015:332 |
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Case C-352/13 CDC Hydrogen Peroxide v Evonik Degussa and Others
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil and commercial matters — Regulation (EC) No 44/2001 — Special jurisdiction — Article 6(1) — Action, brought against several defendants domiciled in various Member States and which have participated in a cartel found to be contrary to Article 81 EC and Article 53 of the Agreement on the European Economic Area, seeking an order for the defendants to pay damages jointly and severally and for disclosure of information — Jurisdiction of the court seised with regard to the other defendants — Withdrawal of the action in relation to the defendant domiciled in the Member State of the court seised — Jurisdiction in tort, delict or quasi-delict — Article 5(3) — Jurisdiction clauses — Article 23 — Effective enforcement of the prohibition of anti-competitive agreements, decisions and concerted practices
Request for a preliminary ruling from the Landgericht Dortmund
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 11 December 2014
ECLI:EU:C:2014:2443 |
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Judgment of the Court (Fourth Chamber) of 21 May 2015
ECLI:EU:C:2015:335 |
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Case C-560/13 Finanzamt Ulm v Wagner-Raith
Reference for a preliminary ruling — Free movement of capital — Derogation — Movement of capital involving the provision of financial services — National legislation providing for flat-rate taxation of investment income from holdings in foreign investment funds — Black funds
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 18 December 2014
ECLI:EU:C:2014:2476 |
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Judgment of the Court (First Chamber) of 21 May 2015
ECLI:EU:C:2015:347 |
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Case C-657/13 Verder LabTec v Finanzamt Hilden
Reference for a preliminary ruling — Taxation — Freedom of establishment — Article 49 TFEU — Restrictions — Staggered recovery of tax on unrealised capital gains — Preservation of allocation of powers of taxation between Member States — Proportionality
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 26 February 2015
ECLI:EU:C:2015:132 |
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Judgment of the Court (Third Chamber) of 21 May 2015
ECLI:EU:C:2015:331 |
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Case C-65/14 Rosselle v INAMI and UNM
Reference for a preliminary ruling — Social policy — Directive 92/85/EEC — Measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding — Article 11(2) and (4) — Established public servant assigned non-active status for personal reasons in order to work as a salaried employee — Refusal to grant her a maternity allowance on the ground that she has not completed, as a salaried employee, the minimum contribution period required in order to be eligible to receive certain social benefits
Request for a preliminary ruling from the tribunal du travail de Nivelles
Language of the case: French
| Summary |
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Opinion of Advocate General Sharpston delivered on 18 December 2014
ECLI:EU:C:2014:2473 |
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Judgment of the Court (Fourth Chamber) of 21 May 2015
ECLI:EU:C:2015:339 |
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Case C-322/14 El Majdoub v CarsOnTheWeb.Deutschland
Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 23 — Agreement conferring jurisdiction — Formal requirements — Communication by electronic means which provides a durable record of the agreement — Definition — General terms and conditions of sale which can be consulted and printed from a link which enables them to be displayed in a new window — Click-wrapping
Request for a preliminary ruling from the Landgericht Krefeld
Language of the case: German
| Summary |
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Judgment of the Court (Third Chamber) of 21 May 2015
ECLI:EU:C:2015:334 |
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Case C-339/14 Criminal proceedings against Wittmann
Reference for a preliminary ruling — Directive 2006/126/EC — Mutual recognition of driving licences — Period of prohibition — Issue of the driving licence by a Member State before the entry into force of a period of prohibition in the Member State of normal residence — Grounds for refusing to recognise in the Member State of normal residence the validity of a driving licence issued by another Member State
Request for a preliminary ruling from the Oberlandesgericht Nürnberg
Language of the case: German
| Summary |
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Judgment of the Court (Tenth Chamber) of 21 May 2015
ECLI:EU:C:2015:333 |
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Case C-349/14 Ministre délégué, chargé du budget v Pazdziej
Reference for a preliminary ruling — Protocol on the Privileges and Immunities of the European Union — Article 12, second paragraph — Tax levied for the benefit of local authorities on person having the use of or having at their disposal residential premises in their area — Upper limit — Social policy measure — Taking into account salaries, wages and emoluments paid by the European Union to its officials and other servants
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Judgment of the Court (First Chamber) of 21 May 2015
ECLI:EU:C:2015:338 |
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Information (on unpublished decisions)
Case C-674/13 Commission v Germany
Failure of a Member State to fulfil obligations — State aid incompatible with the internal market — Parcel service market — Commission decision — Obligation to recover the aid in full and to amend the scheme for the future — Measures to be taken — Article 108(2)TFEU — Regulation (EC) No 659/1999 — Article 14(3
Case C-343/14 P Adler Modemärkte v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Application for registration of the word mark MARINE BLEU — Opposition from the proprietor of the word mark BLUMARINE — Relative grounds for refusal — Likelihood of confusion — Conceptual comparison
Case C-496/14 Statul român v Văraru and Consiliul Naţional pentru Combaterea Discriminării
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Principles of equal treatment and non-discrimination in matters of social security — Calculation of the amount of child allowance — Failure to implement EU law — Clear lack of jurisdiction of the Court
Case C-608/14 Pondiche v Statul român and Consiliul Naţional pentru Combaterea Discriminării
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Grant of child allowance — Determination of the law applicable in accordance with the date of birth of the child and not in accordance with its date of conception — Failure to implement EU law — Clear lack of jurisdiction of the Court
Case C-53/14 P JAS v Commission
Appeal — Customs union and Common Customs Tariff — Community Customs Code — Article 239 — Community Customs Code Implementing Regulation — Article 905 — Importation of jean trousers from the United States — Import duties — Decision declaring the refund of those duties unjustified — No ‘special situation’
Case C-262/14 SCMD v Ministerul Finanțelor Publice
Reference for a preliminary ruling — Equal treatment in employment and occupation — Directive 2000/78/EC — Articles 2, 3(1) and 6 — Prohibition of discrimination based on age — Discrimination on grounds of membership of a socio-professional category or place of work — National legislation prohibiting, subject to certain limits, the combination of a pension with employment income from professional activity in the public sector — Automatic termination of the employment relationship or service relationship
Case C-269/14 Proceedings brought by Kansaneläkelaitos
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Article 1(4) — Service concession — Definition — Aggregation of contracts between a social security authority and taxi companies providing for an electronic scheme for direct reimbursement of transport costs of insured persons and a system of booking journeys
Case C-318/14 Slovenská autobusová doprava Trnava v Krajský úřad Olomouckého kraje
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Articles 49 TFEU and 52 TFEU — Freedom of establishment — Regulation No 1370/2007 — Public transport by rail and by road — Bus transport on urban public transport lines — Carrier established in another Member State and operating through a branch — Requirement to obtain special authorisation — Discretionary power of the competent authority — Public service contract
June 2015
Case C-497/13 Faber v Autobedrijf Hazet Ochten
Reference for a preliminary ruling — Directive 1999/44/EC — Sale of consumer goods and associated guarantees — Status of the purchaser — Consumer status — Lack of conformity of the goods delivered — Duty to inform the seller — Lack of conformity which became apparent within six months of delivery of the goods — Burden of proof
Request for a preliminary ruling from the Gerechtshof Arnhem-Leeuwarden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 27 November 2014
ECLI:EU:C:2014:2403 |
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Judgment of the Court (First Chamber) of 4 June 2015
ECLI:EU:C:2015:357 |
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Case C-543/13 Raad van bestuur van de Sociale verzekeringbank v Fischer-Lintjens
Reference for a preliminary ruling — Social security for migrant workers — Regulation (EEC) No 1408/71 — Article 27 — Annex VI, section R, point 1(a) and (b) — Concept of pensions payable under the legislation of two or more Member States — Benefits in kind — Retroactive award of a pension under the legislation of the Member State of residence — Enjoyment of health care benefits conditional on the taking out of compulsory health care insurance — Certificate of non-insurance under the legislation on compulsory health care insurance of the Member State of residence — No subsequent obligation to pay contributions to that Member State — Retroactive withdrawal of the certificate — No possibility of retroactive affiliation to compulsory health care insurance — Interruption of cover against the risk of sickness by such insurance — Effectiveness of Regulation No 1408/71
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Mengozzi delivered on 12 February 2015
ECLI:EU:C:2015:96 |
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Judgment of the Court (Third Chamber) of 4 June 2015
ECLI:EU:C:2015:359 |
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Case C-579/13 P and S v Commissie Sociale Zekerheid Breda and College van Burgemeester en Wethouders van de gemeente Amstelveen
Reference for a preliminary ruling — Status of third-country nationals who are long-term residents — Directive 2003/109/EC — Article 5(2) and Article 11(1) — National legislation imposing on third-country nationals with long-term resident status a civic integration obligation, attested by an examination, under pain of a fine
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 28 January 2015
ECLI:EU:C:2015:39 |
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Judgment of the Court (Second Chamber) of 4 June 2015
ECLI:EU:C:2015:369 |
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Case C-5/14 Kernkraftwerke Lippe-Ems v Hauptzollamt Osnabrück
Reference for a preliminary ruling — Article 267 TFEU — Interlocutory procedure for review of constitutionality — Examination of whether a national law complies with both EU law and with the Constitution of the Member State concerned — Discretion enjoyed by a national court to refer questions to the Court of Justice for a preliminary ruling — National legislation levying a duty on the use of nuclear fuel — Directives 2003/96/EC and 2008/118/EC — Article 107 TFEU — Articles 93 EA, 191 EA and 192 EA
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 3 February 2015
ECLI:EU:C:2015:51 |
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Judgment of the Court (Third Chamber) of 4 June 2015
ECLI:EU:C:2015:354 |
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Case C-15/14 P Commission v MOL
Appeals — State aid — Agreement between Hungary and the oil and gas company MOL relating to mining fees in connection with the extraction of hydrocarbons — Subsequent amendment to the statutory rules increasing the rate of the fees — Increase in fees not applied to MOL — Decision declaring the aid incompatible with the common market — Selective nature
Language of the case: English
| Summary |
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Opinion of Advocate General Wahl delivered on 22 January 2015
ECLI:EU:C:2015:32 |
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Judgment of the Court (First Chamber) of 4 June 2015
ECLI:EU:C:2015:362 |
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Case C-195/14 Bundesverband der Verbraucherzentralen und Verbraucherverbände v Teekanne
Reference for a preliminary ruling — Directive 2000/13/EC — Labelling and presentation of foodstuffs — Articles 2(1)(a)(i) and 3(1)(2) — Labelling such as could mislead the purchaser as to the composition of foodstuffs — List of ingredients — Use of the indication ‘raspberry and vanilla adventure’ and of depictions of raspberries and vanilla flowers on the packaging of a fruit tea not containing those ingredients
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber) of 4 June 2015
ECLI:EU:C:2015:361 |
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Case C-285/14 Directeur général des douanes et droits indirects and Directeur régional des douanes et droits indirects d'Auvergne v Brasserie Bouquet
Reference for a preliminary ruling — Taxation — Directive 92/83/EEC — Excise duty — Beer — Article 4 — Small independent breweries — Reduced rate of excise duty — Conditions — No operation under licence — Production in accordance with a process of a third party and authorised by it — Authorisation to use the trade marks of that third party
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Judgment of the Court (Tenth Chamber) of 4 June 2015
ECLI:EU:C:2015:353 |
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Case C-49/15 P(R) STC v Commission
Appeal — Order for interim measures — Public works contracts — Delegated Regulation (EU) No 1268/2012 — Call for tenders for the construction of a gas-turbine tri-generation power plant and associated maintenance — Tender amended after the opening of tenders — Rejection of the appellant’s tender — Inadmissibility — Error of law — None
Language of the case: Italian
| Summary |
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Order of the Vice-President of the Court of 5 June 2015
ECLI:EU:C:2015:373 |
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Case C-686/13 X v Skatteverket
Reference for a preliminary ruling — Article 49 TFEU — Freedom of establishment — Tax legislation — Corporation tax — Holdings for business purposes — Legislation of a Member State exempting capital gains and, by the same token, excluding deduction of capital losses — Transfer by a resident company of shares in a non-resident subsidiary — Capital loss resulting from a currency loss
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Kokott delivered on 22 January 2015
ECLI:EU:C:2015:31 |
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Judgment of the Court (Second Chamber) of 10 June 2015
ECLI:EU:C:2015:375 |
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Case C-226/13 Fahnenbrock and Others v Hellenische Republik
References for a preliminary ruling — Judicial cooperation in civil matters — Service of judicial or extrajudicial documents — Regulation (EC) No 1393/2007 — Article 1(1) — Definition of ‘civil and commercial matters’ — State liability for ‘acta iure imperii’
Requests for a preliminary ruling from the Landgericht Wiesbaden
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 9 December 2014
ECLI:EU:C:2014:2424 |
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Judgment of the Court (First Chamber) of 11 June 2015
ECLI:EU:C:2015:383 |
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Case C-554/13 Zh. v Staatssecretaris van Veiligheid en Justitie and Staatssecretaris van Veiligheid en Justitie v O.
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Return of illegally staying third-country nationals — Article 7(4) — Concept of ‘risk to public policy’ — Circumstances in which Member States may refrain from granting a period for voluntary departure, or may grant a period shorter than seven days
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 12 February 2015
ECLI:EU:C:2015:94 |
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Judgment of the Court (Third Chamber) of 11 June 2015
ECLI:EU:C:2015:377 |
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Case C-649/13 Comité d'entreprise de Nortel Networks and Others v Rogeau and Rogeau v Bloom and Others
Reference for a preliminary ruling — Regulation (EC) No 1346/2000 — Articles 2(g), 3(2) and 27 — Regulation (EC) No 44/2001 — Judicial cooperation in civil matters — Main insolvency proceedings — Secondary insolvency proceedings — Conflict of jurisdiction — Exclusive or concurrent jurisdiction — Determination of the applicable law — Determination of the debtor’s assets falling within the secondary insolvency proceedings — Determination of the location of those assets — Assets situated in a third State
Request for a preliminary ruling from the tribunal de commerce de Versailles
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 29 January 2015
ECLI:EU:C:2015:44 |
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Judgment of the Court (First Chamber) of 11 June 2015
ECLI:EU:C:2015:384 |
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Case C-1/14 Base Company and Mobistar v Ministerraad
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/22/EC — Articles 4, 9, 13 and 32 — Universal service obligations and social obligations — Provision of access at a fixed location and provision of telephone services — Affordability of tariffs — Special tariff options — Financing of the universal service obligations — Additional mandatory services — Mobile communication services and/or internet subscription services
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 29 January 2015
ECLI:EU:C:2015:45 |
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Judgment of the Court (Third Chamber) of 11 June 2015
ECLI:EU:C:2015:378 |
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Case C-29/14 Commission v Poland
Failure of a Member State to fulfil obligations — Public health — Directive 2004/23/EC — Directive 2006/17/EC — Directive 2006/86/EC — Exclusion of reproductive cells, foetal tissues and embryonic tissues from the scope of national legislation transposing those directives
Language of the case: Polish
| Summary |
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Judgment of the Court (Third Chamber) of 11 June 2015
ECLI:EU:C:2015:379 |
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Case C-51/14 Pfeifer & Langen v Bundesanstalt für Landwirtschaft und Ernährung
Reference for a preliminary ruling — Agriculture — Common organisation of the markets — Sugar — Reimbursement of storage costs — Regulation (EEC) No 1998/78 — Article 14(3) — Regulation (EEC) No 2670/81 — Article 2(2) — Substitute exports of C sugar — Conditions — Actual exchange of C sugar with the replacement sugar — Replacement possible only with sugar produced by another manufacturer established on the territory of the same Member State — Validity in the light of Articles 34 TFEU and 35 TFEU
Request for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen
Language of the case: German
| Summary |
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Judgment of the Court (Fourth Chamber) of 11 June 2015
ECLI:EU:C:2015:380 |
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Case C-52/14 Pfeifer & Langen v Bundesanstalt für Landwirtschaft und Ernährung
Reference for a preliminary ruling — Protection of the financial interests of the European Union — Regulation (EC, Euratom) No 2988/95 — Article 3(1) — Limitation period — Dies a quo — Repeated irregularities — Interruption of the limitation period — Conditions — Competent authority — Person in question — Act relating to investigation or legal proceedings concerning the irregularity — Time-limit equal to twice the limitation period
Request for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen
Language of the case: German
| Summary |
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Judgment of the Court (Fourth Chamber) of 11 June 2015
ECLI:EU:C:2015:381 |
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Case C-58/14 Hauptzollamt Hannover v Amazon EU
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Customs union and Common Customs Tariff — Combined Nomenclature — Heading 8543 70 — Electrical machines and apparatus, having individual functions, not specified or included elsewhere in Chapter 85 of the Combined Nomenclature — Subheadings 8543 70 10 and 8543 70 90 — Reading devices for electronic books with translation or dictionary functions
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Seventh Chamber) of 11 June 2015
ECLI:EU:C:2015:385 |
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Case C-98/14 Berlington Hungary and Others v Magyar Állam
Reference for a preliminary ruling — Freedom to provide services — Games of chance — National taxes on the operation of slot machines in amusement arcades — National legislation prohibiting the operation of slot machines outside casinos — Principles of legal certainty and of the protection of legitimate expectations — Directive 98/34/EC — Obligation to notify draft technical regulations to the Commission — Member State liability for damage caused by legislation contrary to EU law
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
| Summary |
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Judgment of the Court (First Chamber) of 11 June 2015
ECLI:EU:C:2015:386 |
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Case C-256/14 Lisboagás GDL v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Articles 9, 73, 78, first paragraph, point (a), and 79, first paragraph, point (c) — Taxable amount — Inclusion of the amount of municipal land use taxes paid by the company holding the concession for the gas distribution network in the taxable amount for VAT applicable to supplies of services made by that company to the company responsible for marketing the gas
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Eighth Chamber) of 11 June 2015
ECLI:EU:C:2015:387 |
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Case C-593/13 Presidenza del Consiglio dei Ministri and Others v Rina Services and Others
Request for a preliminary ruling — Articles 49 TFEU, 51 TFEU and 56 TFEU — Freedom of establishment — Connection with the exercise of official authority — Directive 2006/123/EC — Article 14 — Bodies responsible for verifying and certifying that undertakings carrying out public works comply with the conditions laid down by law — National legislation providing that the registered office of such bodies must be situated in Italy
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 10 March 2015
ECLI:EU:C:2015:159 |
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Judgment of the Court (Grand Chamber) of 16 June 2015
ECLI:EU:C:2015:399 |
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Case C-62/14 Gauweiler and Others v Deutscher Bundestag
Reference for a preliminary ruling — Economic and monetary policy — Decisions of the Governing Council of the European Central Bank (ECB) on a number of technical features regarding the Eurosystem’s outright monetary transactions in secondary sovereign bond markets — Articles 119 TFEU and 127 TFEU — Powers conferred on the ECB and the European System of Central Banks — Monetary policy transmission mechanism — Maintenance of price stability — Proportionality — Article 123 TFEU — Prohibition of monetary financing of Member States in the euro area
Request for a preliminary ruling from the Bundesverfassungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 14 January 2015
ECLI:EU:C:2015:7 |
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Judgment of the Court (Grand Chamber) of 16 June 2015
ECLI:EU:C:2015:400 |
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Case C-508/13 Estonia v Parliament and Council
Action for annulment — Directive 2013/34/EU — Obligations on some forms of undertakings in relation to financial statements — Principles of subsidiarity and proportionality — Obligation to state reasons
Language of the case: Estonian
| Summary |
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Judgment of the Court (Second Chamber) of 18 June 2015
ECLI:EU:C:2015:403 |
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Case C-583/13 P Deutsche Bahn and Others v Commission
Appeals — Competition — Rail transport and ancillary services sector — Abuse of dominant position — Regulation (EC) No 1/2003 — Articles 20 and 28(1) — Administrative procedure — Decision ordering an inspection — Commission’s powers of inspection — Fundamental right to the inviolability of the home — No prior judicial authorisation — Effective judicial review — Fortuitous discovery
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 12 February 2015
ECLI:EU:C:2015:92 |
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Judgment of the Court (Second Chamber) of 18 June 2015
ECLI:EU:C:2015:404 |
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Case C-586/13 Martin Meat v Simonfay and Salburg
Reference for a preliminary ruling — Freedom to provide services — Directive 96/71/EC — Article 1(3)( a) and (c) — Posting of workers — Hiring out of workers — Act of Accession of 2003 — Chapter 1, paragraphs 2 and 13 of Annexe X — Transitional measures — Access of Hungarian nationals to the labour market of States already members of the European Union at the date of accession to the European Union of the Republic of Hungary — Requirement of a work permit for the hiring out of workers — Non-sensitive sectors
Request for a preliminary ruling from the Pesti Központi Kerületi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Sharpston delivered on 15 January 2015
ECLI:EU:C:2015:15 |
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Judgment of the Court (Fourth Chamber) of 18 June 2015
ECLI:EU:C:2015:405 |
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Case C-9/14 Staatssecretaris van Financiën v Kieback
Reference for a preliminary ruling — Freedom of movement for workers — Tax legislation — Income tax — Income received in a Member State — Non-resident worker — Tax in the State of employment — Conditions
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 5 March 2015
ECLI:EU:C:2015:155 |
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Judgment of the Court (Second Chamber) of 18 June 2015
ECLI:EU:C:2015:406 |
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Case C-535/14 P Ipatau v Council
Appeal — Common foreign and security policy — Restrictive measures taken against the Republic of Belarus — Admissibility — Time-limit for bringing proceedings — Legal aid — Suspensory effect — Effective judicial protection — Rights of the defence — Principle of proportionality
Language of the case: French
| Summary |
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Judgment of the Court (Fifth Chamber) of 18 June 2015
ECLI:EU:C:2015:407 |
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Joined Cases C-549/12 P and C-54/13 P Germany v Commission
Appeals — European Regional Development Fund (ERDF) — Reduction of financial assistance — Method of calculation by extrapolation — European Commission’s procedure for the adoption of the decision — Failure to comply with the time-limit — Consequences
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 1 April 2014
ECLI:EU:C:2014:222 |
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Judgment of the Court (First Chamber) of 24 June 2015
ECLI:EU:C:2015:412 |
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Case C-263/13 P Spain v Commission
Appeals — European Regional Development Fund (ERDF) — Reduction of financial assistance — Method of calculation by extrapolation — Procedure of adoption of the decision by the European Commission — Failure to comply with the time limit laid down — Consequences
Language of the case: Spanish
| Summary |
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Judgment of the Court (First Chamber) of 24 June 2015
ECLI:EU:C:2015:415 |
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Joined Cases C-293/13 P and C-294/13 P Fresh Del Monte Produce v Commission and Commission v Fresh Del Monte Produce
Appeals — Competition — Agreements, decisions and concerted practices — European banana market — Coordination in the setting of quotation prices — Concept of ‘economic unit’ between two companies — Concept of ‘decisive influence’ — Whether the conduct of one company may be imputed to another — Distortion of evidence — Burden of proof — Principle of in dubio pro reo — Concept of ‘single and continuous infringement’ — Concept of ‘concerted practice’ — Concept of ‘infringement by object’ — Undertakings that are members of the same cartel — Communication of information to the Commission — Legal obligation — Scope — Protection against self- incrimination — Intervener at first instance — Cross-appeal — Admissibility
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 11 December 2014
ECLI:EU:C:2014:2439 |
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Judgment of the Court (Second Chamber) of 24 June 2015
ECLI:EU:C:2015:416 |
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Case C-373/13 T. v Land Baden-Württemberg
Reference for a preliminary ruling — Area of freedom, security and justice — Borders, asylum and immigration — Directive 2004/83/EC — Article 24(1) — Minimum standards for granting refugee or subsidiary protection status — Revocation of residence permit — Conditions for revocation of residence permit — Concept of ‘compelling reasons of national security or public order’ — Participation of a person with refugee status in the activities of an organisation entered in the list of terrorist organisations drawn up by the European Union
Request for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 11 September 2014
ECLI:EU:C:2014:2218 |
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Judgment of the Court (First Chamber) of 24 June 2015
ECLI:EU:C:2015:413 |
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Case C-207/14 Hotel Sava Rogaška v Republika Slovenija
Reference for a preliminary ruling — Approximation of laws — Natural mineral water — Directive 2009/54/EC — Article 8(2) — Annex I — Prohibition on marketing ‘natural mineral water from one and the same spring’ under more than one trade description — Meaning
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
| Summary |
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Opinion of Advocate General Jääskinen delivered on 14 April 2015
ECLI:EU:C:2015:220 |
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Judgment of the Court (Third Chamber) of 24 June 2015
ECLI:EU:C:2015:414 |
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Case C-664/13 Ceļu satiksmes drošības direkcija and Latvijas Republikas Satiksmes ministrija v Nīmanis
Reference for a preliminary ruling — Transport — Driving licence — Renewal by the issuing Member State — Condition of residence in the territory of that Member State — Declaration of residence
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
| Summary |
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Judgment of the Court (Fifth Chamber) of 25 June 2015
ECLI:EU:C:2015:417 |
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Case C-671/13 Proceedings brought by Indėlių ir investicijų draudimas and Nemaniūnas
Reference for a preliminary ruling — Directives 94/19/EC and 97/9/EC — Deposit-guarantee schemes and investor-compensation schemes — Savings and investment instruments — Financial instrument within the meaning of Directive 2004/39/EC — Exclusion of the guarantee — Direct effect — Conditions to be met in order to benefit from Directive 97/9/EC
Requesst for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 26 February 2015
ECLI:EU:C:2015:129 |
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Judgment of the Court (Second Chamber) of 25 June 2015
ECLI:EU:C:2015:418 |
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Case C-18/14 CO Sociedad de Gestión y Participación and Others v De Nederlandsche Bank and Others
Reference for a preliminary ruling — Approximation of laws — Direct insurance other than life assurance — Directive 92/49/EEC — Articles 15, 15a and 15b — Prudential assessment of acquisitions and increases in a qualifying holding — Possibility to attach a restriction or requirement to the approval of a proposed acquisition
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Mengozzi delivered on 12 February 2015
ECLI:EU:C:2015:95 |
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Judgment of the Court (Fourth Chamber) of 25 June 2015
ECLI:EU:C:2015:419 |
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Case C-147/14 Loutfi Management Propriété Intellectuelle v AMJ Meatproducts and Halalsupply
Reference for a preliminary ruling — Community trade mark — Regulation (EC) No 207/2009 — Article 9(1)(b) — Effects — Rights conferred by a Community trade mark — Identical or similar signs — Prohibition of use — Likelihood of confusion — Assessment — Taking into consideration the use of a language other than an official language of the European Union
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
| Summary |
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Judgment of the Court (Tenth Chamber) of 25 June 2015
ECLI:EU:C:2015:420 |
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Case C-187/14 Skatteministeriet v DSV Road
Reference for a preliminary ruling — Community Customs Code — Regulation (EEC) No 2913/92 — Articles 203 and 204 — Regulation (EEC) No 2454/93 — Article 859 — External transit procedure — Incurrence of a customs debt — Removal or not from customs supervision — Failure to perform an obligation — Late submission of the goods at the office of destination — Goods refused by the consignee and returned without having been submitted to the customs office — Goods again placed under the external transit procedure via a fresh declaration — Directive 2006/112/EC — Article 168(e) — Deduction of VAT on import by the carrier
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
| Summary |
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Judgment of the Court (Fifth Chamber) of 25 June 2015
ECLI:EU:C:2015:421 |
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Case C-242/14 Saatgut-Treuhandverwaltung v Gerhard und Jürgen Vogel and Vogel
Reference for a preliminary ruling — Community plant variety rights — Regulation (EC) No 2100/94 — Derogation provided for in Article 14 – Use by farmers of the product of the harvest for propagating purposes without the holder’s authorisation — Farmers under an obligation to pay equitable remuneration for such use — Period within which that remuneration must be paid in order to be able to benefit from the derogation — Whether it is possible for the holder to have recourse to Article 94 — Infringement
Request for a preliminary ruling from the Landgericht Mannheim
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 5 March 2015
ECLI:EU:C:2015:154 |
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Judgment of the Court (Second Chamber) of 25 June 2015
ECLI:EU:C:2015:422 |
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Information (on unpublished decisions)
Case C-142/14 P The Sunrider Corporation v OHIM
Appeal — Community trade mark — Opposition proceedings — Application for registration of word mark SUN FRESH — Opposition by the proprietor of the earlier Community word mark SUNNY FRESH — Likelihood of confusion — Similarity of the goods covered by the marks at issue — Right to be heard — Regulation (EC) No 207/2009 — Articles 8(1)(b), 75 and 76
Case C-399/13 P Stichting Corporate Europe Observatory v Commission
Appeal — Regulation (EC) No 1049/2001 — Access to the documents of the European institutions — Documents relating to the trade negotiations between the European Union and the Republic of India — Full access — Refusal
Case C-678/13 Commission v Poland
Failure of a Member State to fulfil obligations — VAT — Directive 2006/112/EC — Annex III — Reduced rate of VAT applicable to medical equipment, aids and other appliances and pharmaceutical products
Case C-682/13 P Andechser Molkerei Scheitz v Commission
Appeal — Public health — List of food additives approved for use in foods — Steviol glycosides — Conditions of admissibility — Interest in bringing proceedings
Case C-161/14 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Common system of value added tax — Directive 2006/112/EC — Article 98(2) — Category (10) of Annex III — Reduced rate of VAT applicable to the provision, construction, renovation and alteration of housing, as part of a social policy — Category (10a) of Annex III — Reduced rate of VAT applicable to renovation and repairing of private dwellings, excluding materials which account for a significant part of the value of the service supplied — National legislation applying a reduced rate of VAT to supplies of services of installing energy-saving materials and supplies of such materials
Case C-576/14 P Mirelta Ingatlanhasznosító v Commission and Ombudsman
Appeal — Action for annulment — Refusal by the Commission to bring infringement proceedings — Inadmissibility and lack of jurisdiction of the General Court - Appeal in part manifestly unfounded and in part manifestly inadmissible
Case C-578/14 Argenta Spaarbank v Belgische Staat
Reference for a preliminary ruling — Corporation taxes — Directive 90/435/EEC — Article 1(2) and Article 4(2) — Parent companies and subsidiaries of different Member States — Common system of taxation — Deduction of taxable profits of the parent company — Factual and legislative context of the dispute in the main proceedings — Reasons justifying the need for an answer to the question referred for a preliminary ruling — Insufficient information — Manifest inadmissibility
Case C-579/14 P Junited Autoglas Deutschland v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community word mark United Autoglas — Application for registration — Opposition proceedings — Earlier national figurative mark AUTOGLASS — Partial refusal to register — Appeal clearly inadmissible and clearly unfounded
Case C-602/14 P Bharat Heavy Electricals v Commission
Appeal — Complaint concerning termination of a contract for the supply of transformers concluded between the appellant and a Greek public undertaking — Failure of a Member State to fulfil obligations — Commission’s refusal to bring an action for failure to fulfil obligations
Case C-602/13 Banco Bilbao Vizcaya Argentaria v Quintano Ujeta and Sánchez García
Reference for a preliminary ruling — Directive 93/13/EEC — Contractual relationship between a seller or a supplier and a consumer — Mortgage contract — Default interest clause — Early repayment clause — Mortgage enforcement proceedings — Moderation of the amount of interest — Powers of the national court)
Case C-100/14 P EMA v Commission
Appeal — Arbitration clause — Contracts Cocoon and Dicoems, concluded under the Sixth Framework Programme for Research, Technological Development and Demonstration, contributing to the creation of the European Research Area and to innovation (2002-2006) — Irregularities — Ineligible expenses — Termination of the contracts
Case C-272/14 Skatteministeriet v Baby Dan
Reference for a preliminary ruling — Customs union and Common Customs Tariff — Combined Nomenclature — Tariff classification — Heading 7318 and 8302 — Article specially designed to mount child safety gates
Case C-291/14 P Faci v Commission
Appeal — Rules of Procedure of the Court of Justice — Article 181 — Competition — Agreements, decisions and concerted practices — European tin stabilisers and epoxidised soya bean oil and esters markets — Fines — Gravity of the infringement — Principle of effective judicial protection — Appeal manifestly inadmissible or manifestly unfounded
Case C-405/14 PST CLC v Generální ředitelství cel
Reference for a preliminary ruling — Tariff classification — Validity of point 2 of the table in the annex to Regulation (EC) No 384/2004 in respect of the period from 22 March 2004 to 22 December 2009 — Applicability of that provision to customs declarations made in 2008 — Classification of products intended for use in computers, consisting of a heat sink and a fan
Case C-136/15 P Makhlouf v Council
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Article 169(2) — Content required in the application initiating an appeal — Manifest inadmissibility)
Case C-303/14 Commission v Poland
Failure of a Member State to fulfil obligations — Regulation (EC) No 842/2006 — Training and certification — Obligation to provide notification — Penalties — Regulations (EC) No 303/2008, (EC) No 304/2008, (EC) No 305/2008, (EC) No 306/2008, (EC) No 307/2008 and (EC) No 308/2008
Case C-575/14 P Evropaïki Dynamiki v Commission
Appeal — Arbitration clause — Contract relating to European Union financial support for a project in the context of the ‘eContent’ programme — Termination of the contract by the European Commission — Payment of amounts not paid and compensation for loss allegedly suffered by the applicant — Distortion of evidence in the file — Appeal manifestly inadmissible in part and manifestly unfounded as to the remainder — Application to amend the decision of the General Court of the European Union on costs — Manifest inadmissibility
July 2015
Case C-461/13 Bund für Umwelt und Naturschutz Deutschland v Bundesrepublik Deutschland
Reference for a preliminary ruling — Environment — EU action in the field of water policy — Directive 2000/60/EC — Article 4(1) — Environmental objectives relating to surface waters — Deterioration of the status of a body of surface water — Project for the development of a navigable waterway — Obligation of the Member States not to authorise a project that may cause a deterioration of the status of a body of surface water — Decisive criteria for determining whether there is a deterioration of the status of a body of water
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 23 October 2014
ECLI:EU:C:2014:2324 |
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Judgment of the Court (Grand Chamber) of 1 July 2015
ECLI:EU:C:2015:433 |
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Case C-497/12 Gullotta and Farmacia di Gullotta Davide & C. v Ministero della Salute and Azienda Sanitaria Provinciale di Catania
Reference for a preliminary ruling — Articles 49 TFEU, 102 TFEU and 106 TFEU — Freedom of establishment — Principle of non-discrimination — Abuse of dominant position — Article 15 of the Charter of Fundamental Rights of the European Union — Inadmissibility
Request for a preliminary ruling from the Tribunale Amministrativo Regionale della Sicilia
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wahl delivered on 12 March 2015
ECLI:EU:C:2015:168 |
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Judgment of the Court (Fourth Chamber) of 2 July 2015
ECLI:EU:C:2015:436 |
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Case C-422/13 Landesamt für Landwirtschaft v Wree
Reference for a preliminary ruling — Agriculture — Common agricultural policy — Single payment scheme — Regulation (EC) No 73/2009 — Article 34(2)(a) — Concept of ‘area eligible for aid’ — Concept of ‘agricultural area’ — Area forming restored cover layer of a landfill site in after-care — Use for agricultural activities — Lawfulness
Request for a preliminary ruling from the Schleswig-Holsteinisches Oberverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 17 July 2014
ECLI:EU:C:2014:2108 |
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Judgment of the Court (First Chamber) of 2 July 2015
ECLI:EU:C:2015:438 |
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Case C-684/13 Demmer v Fødevareministeriets Klagecenter
Reference for a preliminary ruling — Agriculture — Common agricultural policy — Single payment scheme — Regulation (EC) No 1782/2003 — Article 44(2) –Regulation (EC) No 73/2009 — Article 34(2)(a) — Concept of ‘eligible hectare’ — Areas surrounding runways, taxiways and stopways — Agricultural use — Lawfulness — Recovery of agricultural aid unduly allocated
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Wahl delivered on 26 February 2015
ECLI:EU:C:2015:131 |
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Judgment of the Court (First Chamber) of 2 July 2015
ECLI:EU:C:2015:439 |
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Case C-209/14 NLB Leasing v Republika Slovenija
Reference for a preliminary ruling — VAT — Directive 2006/112/EC — Supply of goods or services — Lease agreement — Return of immovable property that is the subject-matter of a lease agreement to the lessor — Concept of ‘cancellation, refusal or total or partial non-payment’ — Lessor’s right to a reduction of the taxable amount — Double taxation — Separate supplies — Principle of fiscal neutrality
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
| Summary |
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Judgment of the Court (Second Chamber) of 2 July 2015
ECLI:EU:C:2015:440 |
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Case C-334/14 État belge v De Fruytier
Reference for a preliminary ruling — Sixth VAT Directive — Exemptions for certain activities in the public interest — Article 13(A)(1)(b) and (c) — Hospital and medical care — Closely related activities — Activity of transporting human organs and samples of human origin for the purposes of medical analysis or medical or therapeutic care — Self-employed activity — Hospitals, centres for medical treatment and diagnosis — Establishment of a similar nature
Request for a preliminary ruling from the Cour d'appel de Mons
Language of the case: French
| Summary |
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Judgment of the Court (Eighth Chamber) of 2 July 2015
ECLI:EU:C:2015:437 |
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Case C-607/13 Ministero dell'Economia e delle Finanze and Others v Cimmino and Others
Reference for a preliminary ruling — Agriculture — Common organisation of the markets — Bananas — Regulation (EC) No 2362/98 — Articles 7, 11 and 21 — Tariff quotas — Bananas originating in ACP countries — Newcomers — Import licences — Non-transferable nature of rights deriving from certain import licences — Abusive practice — Regulation (EC) No 2988/95 — Article 4(3)
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Opinion of Advocate General Sharpston delivered on 5 February 2015
ECLI:EU:C:2015:67 |
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Judgment of the Court (Fourth Chamber) of 9 July 2015
ECLI:EU:C:2015:448 |
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Case C-63/14 Commission v France
Failure of a Member State to fulfil obligations — State aid — Illegal aid incompatible with the internal market — Obligation of recovery — Absolutely impossible — Compensation for a service additional to the basic service
Language of the case: French
| Summary |
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Opinion of Advocate General Wathelet delivered on 26 March 2015
ECLI:EU:C:2015:209 |
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Judgment of the Court (Fifth Chamber) of 9 July 2015
ECLI:EU:C:2015:458 |
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Case C-87/14 Commission v Ireland
Failure of a Member State to fulfil obligations — Directive 2003/88/EC — Organisation of working time — Organisation of working time of doctors in training
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 19 March 2015
ECLI:EU:C:2015:192 |
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Judgment of the Court (Fourth Chamber) of 9 July 2015
ECLI:EU:C:2015:449 |
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Case C-144/14 Cabinet Medical Veterinar Tomoiagă Andrei v Direcția Generală Regională a Finanțelor Publice Cluj Napoca prin Administrația Județeană a Finanțelor Publice
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Articles 273 and 287 — Obligation to register a taxable person for VAT purposes — Whether veterinary services are taxable — Principle of legal certainty — Principle of protection of legitimate expectations
Request for a preliminary ruling from the Tribunalul Maramureș
Language of the case: Romanian
| Summary |
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Judgment of the Court (Seventh Chamber) of 9 July 2015
ECLI:EU:C:2015:452 |
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Case C-153/14 Minister van Buitenlandse Zaken v K and A
Reference for a preliminary ruling — Directive 2003/86/EC — Article 7(2) — Family reunification — Integration measures — National legislation requiring the family members of a third country national residing lawfully in that Member State to pass a civic integration exam in order to enter the territory of that Member State — Cost of such an exam — Compatibility
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 19 March 2015
ECLI:EU:C:2015:186 |
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Judgment of the Court (Second Chamber) of 9 July 2015
ECLI:EU:C:2015:453 |
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Case C-177/14 Regojo Dans v Consejo de Estado
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clauses 3 and 4 — Principle of non-discrimination — ‘Non-permanent staff’ — Refusal to grant a three-yearly length-of-service increment — Objective grounds
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 20 May 2015
ECLI:EU:C:2015:326 |
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Judgment of the Court (Third Chamber) of 9 July 2015
ECLI:EU:C:2015:450 |
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Case C-183/14 Salomie and Oltean v Direcția Generală a Finanțelor Publice Cluj
Reference for a preliminary ruling) — Value added tax (VAT) — Directive 2006/112/EC — Articles 167, 168, 179 and 213 — Reclassification by the national tax authority of a transaction as an economic activity subject to VAT — Principle of legal certainty — Principle of protection of legitimate expectations — National legislation making the exercise of the right of deduction subject to the identification of the trader concerned for VAT purposes and to the filing of a tax return in respect of that tax
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
| Summary |
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Judgment of the Court (Seventh Chamber) of 9 July 2015
ECLI:EU:C:2015:454 |
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Case C-229/14 Balkaya v Kiesel Abbruch- und Recycling Technik
Reference for a preliminary ruling — Directive 98/59/EC — Article 1(1)(a) — Collective redundancies — Concept of ‘worker’ — Member of the board of directors of a limited liability company — Person working under a scheme for training and reintegration into the labour market and benefitting from a public training grant but not receiving remuneration from the employer
Request for a preliminary ruling from the Arbeitsgericht Verden
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber) of 9 July 2015
ECLI:EU:C:2015:455 |
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Case C-231/14 P InnoLux v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Article 53 of the EEA Agreement — Worldwide market for liquid crystal display (LCD) panels — Price-fixing — Fines — Guidelines on the method of setting fines (2006) — Point 13 — Determination of the value of sales to which the infringement relates — Internal sales of the goods concerned outside the EEA — Inclusion of sales to third parties in the EEA of finished products incorporating the goods concerned
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 30 April 2015
ECLI:EU:C:2015:292 |
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Judgment of the Court (Third Chamber) of 9 July 2015
ECLI:EU:C:2015:451 |
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Case C-331/14 Trgovina Prizma v Republika Slovenija
Reference for a preliminary ruling — Taxation — Value added tax — Sixth Directive 77/388/EEC — Articles 2(1) and 4(1) — Tax liability — Immovable property transactions — Sale of lands assigned to the private assets of a natural person exercising the profession of sole trader — Taxable person acting as such
Request for a preliminary ruling from the Vrhovno sodišče
Language of the case: Slovene
| Summary |
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Judgment of the Court (Second Chamber) of 9 July 2015
ECLI:EU:C:2015:456 |
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Case C-170/13 Huawei Technologies v ZTE and ZTE Deutschland
Competition — Article 102 TFEU — Undertaking holding a patent essential to a standard which has given a commitment, to the standardisation body, to grant third parties a licence for that patent on fair, reasonable and non-discriminatory terms (‘FRAND terms’) — Abuse of a dominant position — Actions for infringement — Action seeking a prohibitory injunction — Action seeking the recall of products — Action seeking the rendering of accounts — Action for damages — Obligations of the proprietor of a patent which is essential to a standard
Request for a preliminary ruling from the Landgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 20 November 2014
ECLI:EU:C:2014:2391 |
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Judgment of the Court (Fifth Chamber) of 16 July 2015
ECLI:EU:C:2015:477 |
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Case C-425/13 Commission v Council
Action for annulment — Council decision authorising the opening of negotiations on linking the EU greenhouse gas emissions trading scheme with a greenhouse gas emissions trading system in Australia — Negotiating directives — Special committee — Articles 13(2) TEU, 218(2) to (4) TFEU and 295 TFEU — Institutional balance
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 17 March 2015
ECLI:EU:C:2015:174 |
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Judgment of the Court (Grand Chamber) of 16 July 2015
ECLI:EU:C:2015:483 |
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Joined Cases C-544/13 and C-545/13 Abcur v Apoteket Farmaci and Apoteket
Reference for a preliminary ruling — Medicinal products for human use — Directive 2001/83/EC — Scope — Articles 2(1) and 3, points 1 and 2 — Medicinal products prepared industrially or manufactured by a method involving an industrial process — Exceptions — Medicinal products prepared in a pharmacy in accordance with a medical prescription for an individual patient — Medicinal products prepared in a pharmacy in accordance with the prescriptions of a pharmacopoeia and intended to be supplied directly to the patients served by the pharmacy in question — Directive 2005/29/EC
Requests for a preliminary ruling from the Stockholms tingsrätt
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Szpunar delivered on 3 March 2015
ECLI:EU:C:2015:136 |
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Judgment of the Court (Third Chamber) of 16 July 2015
ECLI:EU:C:2015:481 |
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Case C-580/13 Coty Germany v Stadtsparkasse Magdeburg
Reference for a preliminary ruling — Intellectual and industrial property — Directive 2004/48/EC — Article 8(3)(e) — Sale of counterfeit goods — Right to information in the context of proceedings for infringement of an intellectual property right — Legislation of a Member State which allows banking institutions to refuse a request for information relating to a bank account (banking secrecy)
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 16 April 2015
ECLI:EU:C:2015:243 |
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Judgment of the Court (Fourth Chamber) of 16 July 2015
ECLI:EU:C:2015:485 |
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Case C-584/13 Directeur général des finances publiques v Mapfre asistencia and Mapfre warranty v Directeur général des finances publiques
Reference for a preliminary ruling — Taxation — Turnover tax — Scope — Exemption — Notion of ‘insurance transactions’ — Notion of ‘supply of services’ — Lump sum for a warranty covering breakdowns of a second-hand vehicle
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Opinion of Advocate General Szpunar delivered on 4 February 2015
ECLI:EU:C:2015:55 |
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Judgment of the Court (Fifth Chamber) of 16 July 2015
ECLI:EU:C:2015:488 |
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Case C-612/13 P ClientEarth v Commission
Appeal — Access to documents of the institutions of the European Union — Regulation (EC) No 1049/2001 — Third indent of Article 4(2) — Environmental information — Aarhus Convention — Article 4(1) and (4) — Exception to right of access — Protection of the purpose of investigations — Studies carried out by an undertaking, at the request of the European Commission, concerning the transposition of directives on the environment — Partial refusal of access
Language of the case: English
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 14 April 2015
ECLI:EU:C:2015:218 |
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Judgment of the Court (Second Chamber) of 16 July 2015
ECLI:EU:C:2015:486 |
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Case C-615/13 P ClientEarth and PAN Europe v EFSA
Appeal — Access to documents of the institutions of the European Union — Regulation (EC) No 1049/2001 — Article 4(1)(b) — Regulation (EC) No 45/2001 — Article 8 — Exception to right of access — Protection of personal data — Concept of ‘Personal data’ — Conditions for transfer of personal data — Names of authors of each comment on European Food Safety Authority (EFSA) draft guidance relating to scientific documents to be included in applications for authorisation to place plant protection products on the market — Refusal of access
Language of the case: English
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 14 April 2015
ECLI:EU:C:2015:219 |
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Judgment of the Court (Second Chamber) of 16 July 2015
ECLI:EU:C:2015:489 |
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Case C-681/13 Diageo Brands v Simiramida-04
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Recognition and enforcement of judgments — Grounds for refusing enforcement — Infringement of public policy in the State in which recognition is sought — Judgment given by a court in another Member State contrary to EU law on trade marks — Directive 2004/48/EC — Enforcement of intellectual property rights — Legal costs
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 3 March 2015
ECLI:EU:C:2015:137 |
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Judgment of the Court (First Chamber) of 16 July 2015
ECLI:EU:C:2015:471 |
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Case C-21/14 P Commission v Rusal Armenal
Appeal — Dumping — Imports of certain aluminium foil originating in Armenia, Brazil and China — Accession of the Republic of Armenia to the World Trade Organisation (WTO) — Article 2(7) of Regulation (EC) No 384/96 — Whether compatible with the Agreement on implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (GATT
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 23 April 2015
ECLI:EU:C:2015:273 |
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Judgment of the Court (Grand Chamber) of 16 July 2015
ECLI:EU:C:2015:494 |
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Case C-39/14 Proceedings brought by BVVG
Reference for a preliminary ruling — State aid — Article 107(1) TFEU — Sale of agricultural land by public authorities — National provision allowing the competent authorities to object to the sale of agricultural land where the price offered is considered ‘grossly disproportionate’ to the market value — Advantage granted to certain undertakings or for the production of certain goods — Private investor test — Determination of the ‘value of the contract’
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 17 March 2015
ECLI:EU:C:2015:175 |
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Judgment of the Court (First Chamber) of 16 July 2015
ECLI:EU:C:2015:470 |
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Case C-83/14 CHEZ Razpredelenie Bulgaria v Komisia za zashtita ot diskriminatsia
Directive 2000/43/EC — Principle of equal treatment between persons irrespective of racial or ethnic origin — Urban districts lived in mainly by persons of Roma origin — Placing of electricity meters on pylons forming part of the overhead electricity supply network, at a height of between six and seven metres — Concepts of ‘direct discrimination’ and ‘indirect discrimination’ — Burden of proof — Possible justification — Prevention of tampering with electricity meters and of unlawful connections — Proportionality — Widespread nature of the measure — Offensive and stigmatising effect of the measure — Directives 2006/32/EC and 2009/72/EC — Inability of final consumers to monitor their electricity consumption
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Kokott delivered on 12 March 2015
ECLI:EU:C:2015:170 |
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Judgment of the Court (Grand Chamber) of 16 July 2015
ECLI:EU:C:2015:480 |
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Case C-88/14 Commission v Parliament and Council
Actions for annulment — Regulation (EU) No 1289/2013 — Article 1(1) and (4) — Regulation (EC) No 539/2001 — Article 1(4)(f) — Article 290 TFEU — Suspension of exemption from the visa requirement — Insertion of a footnote — Amendment of the legislative act
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 7 May 2015
ECLI:EU:C:2015:304 |
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Judgment of the Court (Grand Chamber) of 16 July 2015
ECLI:EU:C:2015:499 |
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Case C-95/14 UNIC and Uni.co.pel v FS Retail and Others
Reference for a preliminary ruling — Free movement of goods — Articles 34, 35 and 36 TFEU — Measures having equivalent effect — Directive 94/11/EC — Articles 3 and 5 — Exhaustive harmonisation — Bar on impeding the placing on the market of footwear which complies with the labelling requirements of Directive 94/11 — National legislation requiring the country of origin to be shown on the labelling of products manufactured abroad which use the Italian term ‘pelle’ — Products in free circulation
Request for a preliminary ruling from the Tribunale di Milano
Language of the case: Italian
| Summary |
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Opinion of Advocate General Sharpston delivered on 23 April 2015
ECLI:EU:C:2015:270 |
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Judgment of the Court (Third Chamber) of 16 July 2015
ECLI:EU:C:2015:492 |
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Joined Cases C-108/14 and C-109/14 Larentia + Minerva and Finanzamt Hamburg-Mitte v Finanzamt Nordenham and Marenave Schiffahrt
Reference for a preliminary ruling — VAT — Sixth Council Directive 77/388/EEC — Article 17 — Right to deduction — Partial deduction — VAT paid by holding companies for the acquisition of capital invested in their subsidiaries — Services supplied to subsidiaries — Subsidiaries constituted in the form of partnerships — Article 4 — Establishment of a group of persons capable of being regarded as a single taxable person — Conditions — Need for a relationship of subordination — Direct effect
Requests for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 26 March 2015
ECLI:EU:C:2015:212 |
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Judgment of the Court (Second Chamber) of 16 July 2015
ECLI:EU:C:2015:496 |
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Case C-172/14 ING Pensii v Consiliul Concurenței
Reference for a preliminary ruling — Agreements, decisions and concerted practices — Arrangement for sharing clients on a private pension fund market — Whether there is a restriction of competition within the meaning of Article 101 TFEU — Effect on trade between Member States
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Wahl delivered on 23 April 2015
ECLI:EU:C:2015:272 |
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Judgment of the Court (Second Chamber) of 16 July 2015
ECLI:EU:C:2015:484 |
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Case C-184/14 A v B
Reference for a preliminary ruling — Judicial cooperation in civil and commercial matters — Jurisdiction in matters relating to maintenance obligations — Regulation (EC) No 4/2009 — Article 3(c) and (d) — Matter relating to maintenance in respect of minor children concurrent with the parents’ separation proceedings, brought in a Member State other than that in which the children are habitually resident
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Opinion of Advocate General Bot delivered on 16 April 2015
ECLI:EU:C:2015:244 |
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Judgment of the Court (Third Chamber) of 16 July 2015
ECLI:EU:C:2015:479 |
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Case C-218/14 Singh and Others v Minister for Justice and Equality
Reference for a preliminary ruling — Directive 2004/38/EC — Article 13(2)(a) — Right of residence of family members of a Union citizen — Marriage between a Union citizen and a third-country national — Retention of the right of residence of a third-country national after the departure of the Union citizen from the host Member State, followed by divorce — Article 7(1)(b) — Sufficient resources — Taking into account the resources of the spouse who is a third-country national — Right of third-country nationals to work in the host Member State in order to contribute to obtaining sufficient resources
Request for a preliminary ruling from the High Court of Ireland
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 7 May 2015
ECLI:EU:C:2015:306 |
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Judgment of the Court (Grand Chamber) of 16 July 2015
ECLI:EU:C:2015:476 |
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Case C-222/14 Maïstrellis v Ypourgos Dikaiosynis, Diafaneias kai Anthropinon Dikaiomaton
Reference for a preliminary ruling — Social policy — Directive 96/34/EC — Framework agreement on parental leave — Clause 2.1 — Individual right to parental leave on the grounds of the birth of a child — National legislation denying the right to such leave for a staff member whose wife does not work — Directive 2006/54/EC — Equal treatment of men and women in matters of employment and occupation — Articles 2(1)(a) and 14(1)(c) — Working conditions — Direct discrimination
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
| Summary |
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Opinion of Advocate General Kokott delivered on 16 April 2015
ECLI:EU:C:2015:241 |
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Judgment of the Court (Fourth Chamber) of 16 July 2015
ECLI:EU:C:2015:473 |
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Case C-255/14 Chmielewski v Nemzeti Adó- és Vámhivatal Dél-alföldi Regionális Vám- és Pénzügyőri Főigazgatósága
Reference for a preliminary ruling — Regulation (EC) No 1889/2005 — Controls of cash entering or leaving the European Union — Articles 3 and 9 — Obligation to declare — Infringement — Penalties — Proportionality
Request for a preliminary ruling from the Kecskeméti Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Wathelet delivered on 7 May 2015
ECLI:EU:C:2015:308 |
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Judgment of the Court (Second Chamber) of 16 July 2015
ECLI:EU:C:2015:475 |
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Case C-369/14 Sommer Antriebs- und Funktechnik v Rademacher Geräte-Elektronik
Reference for a preliminary ruling — Waste electrical and electronic equipment — Directive 2002/96/EC — Articles 2(1) and 3(a) and Annexes I A and I B — Directive 2012/19/EU — Articles 2(1)(a), 2(3)(b) and 3(1)(a) and (b), and Annexes I and II — Concepts of ‘electrical and electronic equipment’ and ‘electrical and electronic tools’ — Garage-door operating devices
Request for a preliminary ruling from the Landgericht Köln
Language of the case: German
| Summary |
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Judgment of the Court (Third Chamber) of 16 July 2015
ECLI:EU:C:2015:491 |
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Case C-379/14 TOP Logistics and Van Caem International v Bacardi and Bacardi International - Bacardi and Bacardi International v TOP Logistics and Van Caem International
Reference for a preliminary ruling — Trade marks — Directive 89/104/EEC — Article 5 — Products bearing a trade mark released for free circulation and placed under the duty suspension arrangement without the consent of the proprietor of the trade mark — Right of that proprietor to oppose that placing — Definition of ‘using in the course of trade’
Request for a preliminary ruling from the Gerechtshof Den Haag
Language of the case: Dutch
| Summary |
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Judgment of the Court (Third Chamber) of 16 July 2015
ECLI:EU:C:2015:497 |
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Case C-539/14 Sánchez Morcillo and Abril García v Banco Bilbao Vizcaya Argentaria
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Directive 93/13/EEC — Article 7 — Charter of Fundamental Rights of the European Union — Articles 7 and 47 — Consumer contracts — Mortgage loan contract — Unfair terms — Mortgage enforcement proceedings — Right of appeal
Request for a preliminary ruling from the Audiencia Provincial de Castellón
Language of the case: Spanish
| Summary |
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Order of the Court (First Chamber) of 16 July 2015
ECLI:EU:C:2015:508 |
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Case C-237/15 PPU Minister for Justice and Equality v Lanigan
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Charter of Fundamental Rights of the European Union — Article 6 — Right to liberty and security — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Obligation to execute the European arrest warrant — Article 12 — Keeping the requested person in detention — Article 15 — Surrender decision — Article 17 — Time-limits and detailed procedure for the decision on execution — Consequences of a failure to observe the time-limits
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
| Summary |
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View of Advocate General Cruz Villalón delivered on 6 July 2015
ECLI:EU:C:2015:509 |
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Judgment of the Court (Grand Chamber) of 16 July 2015
ECLI:EU:C:2015:474 |
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Information (on unpublished decisions)
Case C-90/14 Banco Grupo Cajatres v Manjón Pinilla and Comunidad Hereditaria formada al fallecimiento de D. M. A. Viana Gordejuela
Reference for a preliminary ruling — Directive 93/13/EEC — Contract entered into between a seller or a supplier and a consumer — Mortgage contract — Default interest clause — Early repayment clause — Mortgage enforcement proceedings — Moderation of the amount of interest — Powers of the national court
Case C-249/14 P Pêra-Grave v OHIM
Appeal — Community trade mark — Community figurative mark QTA S. JOSÉ DE PERAMANCA — Application for registration — Opposition by the proprietor of the earlier national figurative marks VINHO PÊRAMANCA TINTO, VINHO PÊRAMANCA BRANCO and PÊRAMANCA — Relative grounds for refusal — Likelihood of confusion
Case C-348/14 Bucura v Bancpost
Reference for a preliminary ruling — Consumer protection — Directive 87/102/EEC — Article 1(2)(a) — Consumer credit — Concept of ‘consumer’ — Directive 93/13/EEC — Articles 2(b), 3 to 5 and 6(1) — Unfair terms — Examination by the national court of its own motion — Terms drafted ‘in plain, intelligible language’ — Information which the creditor must provide
Case C-360/14 P Germany v Commission
Appeal — Approximation of laws — Directive 2009/48/EC — Toy safety — Limit values for lead, barium, arsenic, antimony, mercury and nitrosamines and nitrosatable substances in toys — Commission decision not to approve in full the national provisions notified by the German authorities maintaining the limit values for those substances — Proof of a higher level of protection for human health offered by the national provisions
Case C-84/14 P Forgital Italy v Council
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for annulment — Fourth subparagraph of Article 263 TFEU — Right to bring proceedings — Locus standi — Natural or legal persons — Regulatory act entailing implementing measures — Customs rules amending the conditions of tariff suspension — Possible to bring proceedings before the national courts
Case C-151/15 Sociedade Portuguesa de Autores v Ministério Público and Others
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Copyright and related rights in the information society — Directive 2001/29/EC — Article 3(1) — Concept of ‘communication to the public’ — Broadcasting of works in a café-restaurant by means of a radio apparatus connected to loudspeakers
Case C-82/14 Agenzia delle Entrate v Nuova Invincibile
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Sixth Directive 77/388/EEC
Case C-123/14 Itales v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Taxation — VAT — Directive 2006/112/EC — Principle of tax neutrality — Deduction of input VAT — Meaning of ‘supply of goods’ — Conditions for establishing a supply of goods — No proof that the direct supplier was actually in possession of the goods
Case C-159/14 Koela-N v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Taxation — VAT — Directive 2006/112/EC — Principle of fiscal neutrality — Deduction of input VAT — ‘Supply of goods’ — Condition for the existence of a supply of goods — Direct transfer of goods from a supplier to a third party by a carrier — No evidence of actual possession of the goods by the direct supplier — Lack of cooperation between the suppliers and the tax authorities — No transhipment of goods — Evidence justifying suspicions of tax fraud
Case C-653/13 Commission v Italy
Failure of a Member State to fulfil obligations — Environment — Directive 2006/12/EC — Articles 4 and 5 — Waste management — Region of Campania — Judgment of the Court — Finding of a failure to fulfil obligations — Failure to comply in full with a judgment of the Court — Article 260(2) TFEU — Financial penalties — Penalty payment — Lump sum payment
Case C-140/14 Commission v Slovenia
Failure of a Member State to fulfil obligations — Directives 2008/98/EC and 1999/31/EC — Prevention and elimination of the depositing of excavated earth and rubble and other waste — Landfill — Failure to adopt measures for the disposal and storage of that waste — Use of judicial remedies
Case C-145/14 Commission v Bulgaria
Failure of a Member State to fulfil its obligations — Environment — Directive 1999/31/EC — Article 14 — Landfill of waste — Non-hazardous waste — Non-conformity of existing landfills
Case C-400/14 P Basic v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court — Application for registration of a Community figurative mark — Word element ‘basic’ — Earlier Community figurative mark — Word element ‘BASIC’ — Opposition by the proprietor of that mark — Partial refusal of registration — Concepts of ‘distribution services’ and of ‘retail and wholesale services’ — Scope
Case C-468/14 Commission v Denmark
Failure of a Member State to fulfil obligations — Directive 2001/37/EC — Manufacture, presentation and sale of tobacco products — Articles 2(4) and 8 — Prohibition on the sale of tobacco for oral use — Loose ‘Snus’ (oral tobacco)
Case C-485/14 Commission v France
Failure of a Member State to fulfil obligations — Free movement of capital — Articles 63 TFEU and 40 of the EEA Agreement — Duty payable on transfers for which no consideration is given — Exemption — Gifts and legacies — Difference in treatment — Bodies located in another Member State — Lack of a bilateral tax agreement
Case C-507/14 P v M
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Absence of reasonable doubt — Jurisdiction in civil matters — Regulation (EC) No 2201/2003 — Article 16(1)(a) — Determination of the time at which a court is seised — Request to stay the proceedings — No effect
Case C-299/15 Striani and Others v UEFA and URBSFA
Reference for a preliminary ruling — Insufficient information regarding the legal and factual context — Insufficient information regarding the reasons justifying the need for an answer to the questions referred for a preliminary ruling for the purposes of resolving a dispute in the main proceedings — Manifest inadmissibility
September 2015
Case C-127/14 Surmačs v Finanšu un kapitāla tirgus komisija
Reference for a preliminary ruling — Directive 94/19/EC — Point 7 of Annex I — Deposit-guarantee scheme — Exclusion of certain depositors from the deposit-guarantee scheme — Exclusion of a ‘manager’
Request for a preliminary ruling from the Augstākās tiesas Senāts
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Mengozzi delivered on 17 March 2015
ECLI:EU:C:2015:176 |
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Judgment of the Court (Second Chamber) of 2 September 2015
ECLI:EU:C:2015:522 |
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Case C-309/14 CGIL and INCA v Presidenza del Consiglio dei Ministri and Others
Reference for a preliminary ruling — Status of third-country nationals who are long-term residents — Directive 2003/109/EC — National legislation — Issue and renewal of a residence permit — Condition — Obligatory financial contribution — Amount eight times higher than that for obtaining a national identity card — Infringement of the principles of Directive 2003/109/EC
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
| Summary |
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Judgment of the Court (Second Chamber) of 2 September 2015
ECLI:EU:C:2015:523 |
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Case C-386/14 Groupe Steria v Ministère des Finances et des Comptes Publics
Reference for a preliminary ruling — Tax legislation — Freedom of establishment — Directive 90/435/EEC — Article 4(2) — Cross-border distributions of dividends — Corporation tax — Group taxation (French intégration fiscale) — Tax exemption for dividends paid by subsidiaries belonging to the tax-integrated group — Residence qualification — Dividends paid by non-resident subsidiaries — Non-deductible costs and expenses relating to the holding
Request for a preliminary ruling from the Cour administrative d'appel de Versailles
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 11 June 2015
ECLI:EU:C:2015:392 |
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Judgment of the Court (Second Chamber) of 2 September 2015
ECLI:EU:C:2015:524 |
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Case C-398/13 P Inuit Tapiriit Kanatami and Others v Commission
Appeal — Regulation (EC) No 737/2010 — Regulation laying down detailed rules for the implementation of Regulation (EC) No 1007/2009 — Trade in seal products — Restrictions on the import and marketing of those products — Validity — Legal basis — Article 95 EC — Charter of Fundamental Rights of the European Union — Article 17 — United Nations Declaration on the Rights of Indigenous Peoples — Article 19
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 19 March 2015
ECLI:EU:C:2015:190 |
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Judgment of the Court (Fifth Chamber) of 3 September 2015
ECLI:EU:C:2015:535 |
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Case C-526/13 Fast Bunkering Klaipėda v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling — Taxation — Value Added Tax (VAT) — Directive 2006/112/EC — Article 148(a) — Supply of goods — Definition — Exemption — Supply of goods for the fuelling and provisioning of vessels used for navigation on the high seas — Supplies to intermediaries acting in their own name
Request for a preliminary ruling from the Mokestinių ginčų komisija prie Lietuvos Respublikos vyriausybės
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Sharpston delivered on 5 March 2015
ECLI:EU:C:2015:156 |
|
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Judgment of the Court (Fourth Chamber) of 3 September 2015
ECLI:EU:C:2015:536 |
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Case C-89/14 A2A v Agenzia delle Entrate
Reference for a preliminary ruling — State aid — Determination of the calculation of interest relating to the recovery of aid that is incompatible with the common market — Simple or compound interest — National legislation referring, for the calculation of interest, to Regulation (EC) No 794/2004 — Recovery decision notified before that regulation entered into force
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wathelet delivered on 26 March 2015
ECLI:EU:C:2015:211 |
|
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Judgment of the Court (Fifth Chamber) of 3 September 2015
ECLI:EU:C:2015:537 |
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Case C-110/14 Costea v Volksbank România
Reference for a preliminary ruling — Directive 93/13/EEC — Article 2(b) — Concept of ‘consumer’ — Credit agreement concluded by a natural person who practises as a lawyer — Repayment of a loan secured on a building owned by the borrower’s law firm — Borrower who has the necessary knowledge to assess the unfairness of a term before signing the agreement
Request for a preliminary ruling from the Judecătoria Oradea
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 23 April 2015
ECLI:EU:C:2015:271 |
|
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Judgment of the Court (Fourth Chamber) of 3 September 2015
ECLI:EU:C:2015:538 |
|
Case C-125/14 Iron & Smith v Unilever
Reference for a preliminary ruling — Trade marks — Registration of a national trade mark identical with, or similar to, an earlier Community trade mark — Community trade mark having a reputation in the European Union — Geographical extent of the reputation
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Wahl delivered on 24 March 2015
ECLI:EU:C:2015:195 |
|
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Judgment of the Court (Fourth Chamber) of 3 September 2015
ECLI:EU:C:2015:539 |
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Case C-321/14 Colena v Karnevalservice Bastian
Reference for a preliminary ruling — Approximation of laws — Cosmetic products — Consumer protection — Regulation (EC) No 1223/2009 — Scope — Non-corrective colour contact lenses featuring designs — Statement on the outer packaging describing the product in question as a cosmetic product — Consumer protection
Request for a preliminary ruling from the Landgericht Krefeld
Language of the case: German
| Summary |
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Judgment of the Court (Seventh Chamber) of 3 September 2015
ECLI:EU:C:2015:540 |
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Case C-383/14 FranceAgriMer v Sodiaal International
Reference for a preliminary ruling — Protection of the European Union’s financial interests — Regulation (EC, Euratom) No 2988/95 — Article 3 — Recovery of Community aid — Administrative penalty — Administrative measures — Limitation period
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Judgment of the Court (Sixth Chamber) of 3 September 2015
ECLI:EU:C:2015:541 |
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Case C-463/14 Asparuhovo Lake Investment Company v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Articles 24(1), 25(b), 62(2), 63 and 64(1) — Meaning of ‘supply of services’ — Subscription contract for the supply of consulting services — Chargeable event — Need for proof of the actual supply of services — Chargeability of the tax
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Third Chamber) of 3 September 2015
ECLI:EU:C:2015:542 |
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Case C-511/13 P Philips Lighting Poland and Philips Lighting v Council
Appeal — Dumping — Regulation (EC) No 384/96 — Articles 4(1), 5(4) and 9(1) — Regulation (EC) No 1205/2007 — Imports of integrated electronic compact fluorescent lamps (CFL-i) originating in China, Vietnam, Pakistan and the Philippines — Injury to the Community industry — Major proportion of the total Community production of the like products
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 26 March 2015
ECLI:EU:C:2015:206 |
|
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Judgment of the Court (Grand Chamber) of 8 September 2015
ECLI:EU:C:2015:553 |
|
Case C-44/14 Spain v Parliament and Council
Actions for annulment — Regulation (EU) No 1052/2013 — Crossing of the external borders — Eurosur system — Development of the provisions of the Schengen acquis — Participation — Cooperation with Ireland and the United Kingdom — Validity
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Wahl delivered on 13 May 2015
ECLI:EU:C:2015:320 |
|
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Judgment of the Court (Grand Chamber) of 8 September 2015
ECLI:EU:C:2015:554 |
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Case C-105/14 Criminal proceedings against Taricco and Others
Reference for a preliminary ruling — Criminal proceedings concerning offences in relation to value added tax (VAT) — Article 325 TFEU — National legislation laying down absolute limitation periods which may give rise to impunity in respect of offences — Potential prejudice to the financial interest of the European Union — Obligation, for the national court, to disapply any provision of national law liable to affect fulfilment of the Member States’ obligations under EU law
Request for a preliminary ruling from the Tribunale di Cuneo
Language of the case: Italian
| Summary |
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Opinion of Advocate General Kokott delivered on 30 April 2015
ECLI:EU:C:2015:293 |
|
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Judgment of the Court (Grand Chamber) of 8 September 2015
ECLI:EU:C:2015:555 |
|
Case C-13/15 Criminal proceedings against Cdiscount
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Directive 2005/29/EC — Consumer protection — Unfair commercial practices — Price reduction — Marking or display of reference price
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Order of the Court (Sixth Chamber) of 8 September 2015
ECLI:EU:C:2015:560 |
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Case C-20/13 Unland v Land Berlin
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Articles 2, 3(1)(c) and 6(1) — Direct discrimination on grounds of age — Basic salary of judges — Transitional arrangements — Reclassification and subsequent career advancement — Different treatment perpetuated — Justifications
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber) of 9 September 2015
ECLI:EU:C:2015:561 |
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Case C-506/13 P Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro v Commission
Appeal — Contract granting Community financial assistance for a project in the field of medical collaboration — Commission decision to recover in part an advance payment made — Action for annulment — Inadmissibility
Language of the case: Greek
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 24 February 2015
ECLI:EU:C:2015:110 |
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Judgment of the Court (First Chamber) of 9 September 2015
ECLI:EU:C:2015:562 |
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Case C-4/14 Bohez v Wiertz
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 –– Articles 1(2) and 49 — Jurisdiction and the enforcement of judgments in civil and commercial matters — Matters excluded — Family law — Regulation (EC) No 2201/2003 — Article 47(1) — Jurisdiction and the recognition and enforcement of judgments in matters of parental responsibility — Judgment concerning rights of access which imposes a periodic penalty payment — Enforcement of that penalty payment
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Szpunar delivered on 16 April 2015
ECLI:EU:C:2015:233 |
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Judgment of the Court (First Chamber) of 9 September 2015
ECLI:EU:C:2015:563 |
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Joined Cases C-72/14 and C-197/14 X v Inspecteur van Rijksbelastingdienst and van Dijk v Staatssecretaris van Financiën
References for a preliminary ruling — Migrant workers — Social security — Applicable legislation — Rhine boatmen — E 101 certificate — Probative value — Reference to the Court — Obligation to make a reference for a preliminary ruling
Requests for a preliminary ruling from the Gerechtshof te 's-Hertogenbosch and the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Wahl delivered on 13 May 2015
ECLI:EU:C:2015:319 |
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Judgment of the Court (Second Chamber) of 9 September 2015
ECLI:EU:C:2015:564 |
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Case C-160/14 Ferreira da Silva e Brito e.a. v Estado português
Reference for a preliminary ruling — Approximation of laws — Safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses — Meaning of ‘transfer of a business’ –– Obligation to make a request for a preliminary ruling under the third paragraph of Article 267 TFEU — Alleged infringement of EU law attributable to a court of a Member State against whose decisions there is no judicial remedy under national law — Rule of national law which makes the right to reparation for the loss or damage sustained as a result of such an infringement conditional on the prior setting aside of the decision that caused that loss or damage
Request for a preliminary ruling from the Varas Cíveis de Lisboa
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Bot delivered on 11 June 2015
ECLI:EU:C:2015:390 |
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Judgment of the Court (Second Chamber) of 9 September 2015
ECLI:EU:C:2015:565 |
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Case C-240/14 Prüller-Frey v Brodnig and Axa Versicherung
Reference for a preliminary ruling — Air carrier liability in the event of accidents — Action for damages — Montreal Convention — Regulation (EC) No 2027/97 — Flight operated free of charge by the owner of a property in order to show that property to a prospective purchaser — Regulation (EC) No 864/2007 — Direct action provided for by national law against the civil-liability insurer
Request for a preliminary ruling from the Landesgericht Korneuburg
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 20 May 2015
ECLI:EU:C:2015:325 |
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Judgment of the Court (First Chamber) of 9 September 2015
ECLI:EU:C:2015:567 |
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Case C-569/13 Bricmate v Tullverket
Reference for a preliminary ruling — Commercial policy — Anti-dumping duty imposed on imports of ceramic tiles originating in China — Implementing Regulation (EU) No 917/2011 — Validity — Regulation (EC) No 1225/2009 — Articles 3(2), 3(3), 3(5), 3(6), 17 and 20(1) — Determination of the injury and of the causal link — Errors of fact and manifest errors of assessment — Obligation to exercise due care — Examination of the evidence sent by a sampled importer — Obligation to state reasons — Rights of the defence
Request for a preliminary ruling from the Förvaltningsrätten i Malmö
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Sharpston delivered on 21 May 2015
ECLI:EU:C:2015:342 |
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Judgment of the Court (Third Chamber) of 10 September 2015
ECLI:EU:C:2015:572 |
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Case C-687/13 Fliesen-Zentrum Deutschland v Hauptzollamt Regensburg
Reference for a preliminary ruling — Dumping — Anti-dumping duty imposed on imports of ceramic tiles originating in China — Implementing Regulation (EU) No 917/2011 — Validity — Regulation (EC) No 1225/2009 — Article 2(7)(a) — Normal value — Determination on the basis of the price in a market economy third country — Selection of the appropriate third country — Duty of care — Rights of the defence — Obligation to state reasons — Sampling
Request for a preliminary ruling from the Finanzgericht München
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 21 May 2015
ECLI:EU:C:2015:349 |
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Judgment of the Court (Third Chamber) of 10 September 2015
ECLI:EU:C:2015:573 |
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Case C-47/14 Holterman Ferho Exploitatie and Others v Spies von Büllesheim
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 5(1) — Jurisdiction in matters relating to a contract — Article 5(3) — Jurisdiction in matters relating to tort or delict — Articles 18 to 21 — Individual employment contract — Company director’s contract — Termination of the contract — Grounds — Poor performance and wrongful conduct — Action for a declaratory judgment and for damages — Meaning of ‘individual contract of employment’
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 7 May 2015
ECLI:EU:C:2015:309 |
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Judgment of the Court (Third Chamber) of 10 September 2015
ECLI:EU:C:2015:574 |
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Case C-81/14 Nannoka Vulcanus Industries v College van gedeputeerde staten van Gelderland
Reference for a preliminary ruling — Directive 1999/13/EC — Annex IIB — Atmospheric pollution — Volatile organic compounds — Emission reductions — Use of organic solvents in certain activities and installations — Obligations applying to existing installations — Time extension
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 12 March 2015
ECLI:EU:C:2015:169 |
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Judgment of the Court (Fifth Chamber) of 10 September 2015
ECLI:EU:C:2015:575 |
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Case C-106/14 FCD and FMB v Ministre de l’écologie, du développement durable et de lʼénergie
Reference for a preliminary ruling — Environment and protection of human health — Regulation (EC) No 1907/2006 (REACH Regulation) — Articles 7(2) and 33 — Substances of very high concern present in articles — Duties to notify and provide information — Calculation of threshold of 0.1% weight by weight
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 12 February 2015
ECLI:EU:C:2015:93 |
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Judgment of the Court (Third Chamber) of 10 September 2015
ECLI:EU:C:2015:576 |
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Case C-151/14 Commission v Latvia
Failure of a Member State to fulfil obligations — Article 49 TFEU — Freedom of establishment — Notaries — Nationality requirement — Article 51 TFEU — Connection with the exercise of official authority
Language of the case: Latvian
| Summary |
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Judgment of the Court (Seventh Chamber) of 10 September 2015
ECLI:EU:C:2015:577 |
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Case C-266/14 Federación de Servicios Privados del sindicato Comisiones obreras v Tyco Integrated Security and Tyco Integrated Fire & Security Corporation Servicios
Reference for a preliminary ruling — Social policy — Directive 2003/88/EC — Protection of the health and safety of workers — Organisation of working time — Point (1) of Article 2 — Concept of ‘working time’ — Workers who are not assigned a fixed or habitual place of work — Time spent travelling between the workers’ homes and the premises of the first and last customers
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Bot delivered on 11 June 2015
ECLI:EU:C:2015:391 |
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Judgment of the Court (Third Chamber) of 10 September 2015
ECLI:EU:C:2015:578 |
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Case C-363/14 Parliament v Council
Actions for annulment — Police and judicial cooperation in criminal matters — Europol — List of third States and organisations with which Europol is to conclude agreements — Determination of the legal basis — Legal framework applicable after the entry into force of the Treaty of Lisbon — Transitional provisions — Secondary legal basis — Distinction between legislative acts and implementing measures — Consultation of the Parliament — Initiative of a Member State or the Commission
Language of the case: French
| Summary |
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Judgment of the Court (Fourth Chamber) of 10 September 2015
ECLI:EU:C:2015:579 |
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Case C-408/14 Wojciechowski v ONP
Reference for a preliminary ruling — Retired EU official who has, prior to entering the service, pursued an activity in an employed capacity in the Member State in which she is posted — Pension rights by virtue of the national pension scheme for employed persons — Occupational record unit — Refusal to pay the retirement pension for employed persons — Principle of sincere cooperation
Request for a preliminary ruling from the Tribunal du travail de Bruxelles
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 11 June 2015
ECLI:EU:C:2015:393 |
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Judgment of the Court (Third Chamber) of 10 September 2015
ECLI:EU:C:2015:591 |
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Case C-417/14 RX-II Missir Mamachi di Lusignano v Commission
Review of the judgment of the General Court of the European Union in Missir Mamachi di Lusignano v Commission (T‑401/11 P, EU:T:2014:625) — Civil service — Non-contractual liability of the European Union based on the failure of an institution to fulfil its duty to ensure the protection of its officials — Deceased official — Non-material damage suffered by the official before his death — Material and non-material damage suffered by the family members of the official — Jurisdiction — General Court — European Union Civil Service Tribunal — Adverse effect on the unity of EU law
Language of the case: Italian
| Summary |
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View of Advocate General Wathelet delivered on 3 March 2015
ECLI:EU:C:2015:593 |
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Judgment of the Court (Fifth Chamber) of 10 September 2015
ECLI:EU:C:2015:588 |
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Case C-473/14 Dimos Kropias Attikis v Ypourgos Perivallontos, Energeias kai Klimatikis Allagis
Reference for a preliminary ruling — Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Protection regime in respect of the Mount Hymettus area — Modification procedure — Applicability of the directive — Master plan and environmental protection programme for the greater Athens area
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
| Summary |
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Judgment of the Court (Ninth Chamber) of 10 September 2015
ECLI:EU:C:2015:582 |
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Case C-67/14 Jobcenter Berlin Neukölln v Alimanovic
Reference for a preliminary ruling — Freedom of movement for persons — Citizenship of the Union — Equal treatment — Directive 2004/38/EC — Article 24(2) — Social assistance — Regulation (EC) No 883/2004 — Articles 4 and 70 — Special non-contributory cash benefits — Member State nationals who are job-seekers and resident in a different Member State — Excluded — Retention of the status of ‘worker’
Request for a preliminary ruling from the Bundessozialgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 26 March 2015
ECLI:EU:C:2015:210 |
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Judgment of the Court (Grand Chamber) of 15 September 2015
ECLI:EU:C:2015:597 |
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Case C-361/13 Commission v Slovakia
Failure of a Member State to fulfil obligations — Regulation (EC) No 883/2004 — Article 7 — Old-age benefit — Christmas bonus — Residence requirement
Language of the case: Slovak
| Summary |
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Judgment of the Court (First Chamber) of 16 September 2015
ECLI:EU:C:2015:601 |
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Case C-433/13 Commission v Slovakia
Failure of a Member State to fulfil obligations — Regulation (EC) No 883/2004 — Article 7 — Article 21 — Sickness benefit — Care allowance, assistance allowance and compensatory allowance for extra costs — Residence requirement
Language of the case: Slovak
| Summary |
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Judgment of the Court (First Chamber) of 16 September 2015
ECLI:EU:C:2015:602 |
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Case C-519/13 Alpha Bank Cyprus v Si Senh and Others
Reference for a preliminary ruling — Judicial cooperation in civil or commercial matters — Service of judicial and extrajudicial documents — Regulation (EC) No 1393/2007 — Article 8 — Refusal to accept the document — Failure to provide a translation of one of the documents served — Failure to use the standard form set out in Annex II to that regulation — Consequences
Request for a preliminary ruling from the Anotato Dikastirio Kyprou
Language of the case: Greek
| Summary |
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Opinion of Advocate General Wathelet delivered on 22 January 2015
ECLI:EU:C:2015:33 |
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Judgment of the Court (First Chamber) of 16 September 2015
ECLI:EU:C:2015:603 |
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Case C-215/14 Société des Produits Nestlé v Cadbury
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 3(3) — Concept of ‘distinctive character acquired through use’ — Three-dimensional mark — Kit Kat four finger chocolate-coated wafer — Article 3(1)(e) — Sign which consists of both the shape which results from the nature of the goods themselves and the shape which is necessary to obtain a technical result — Manufacturing process included in the technical result
Request for a preliminary ruling from the High Court of Justice of England and Wales, Chancery Division, Intellectual Property
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 11 June 2015
ECLI:EU:C:2015:395 |
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Judgment of the Court (First Chamber) of 16 September 2015
ECLI:EU:C:2015:604 |
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Case C-589/13 Proceedings brought by F.E. Familienprivatstiftung Eisenstadt
Reference for a preliminary ruling — Free movement of capital — Article 56 EC — Interim taxation of capital gains and income from the disposal of holdings by a national foundation — Refusal of right to deduct from the taxable amount gifts to non-resident beneficiaries exempt from tax in the Member State of the foundation under a double taxation convention
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Fifth Chamber) of 17 September 2015
ECLI:EU:C:2015:612 |
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Case C-597/13 P Total v Commission
Appeals — Competition — Agreements, decisions and concerted practices — Paraffin waxes market — Slack wax market — Infringement committed by a subsidiary wholly owned by the parent company — Presumption of decisive influence exercised by the parent company over its subsidiary — Liability of the parent company arising solely from the unlawful conduct of its subsidiary — Judgment reducing the fine imposed on the subsidiary — Effects on the legal situation of the parent company
Language of the case: French
| Summary |
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Opinion of Advocate General Wahl delivered on 26 March 2015
ECLI:EU:C:2015:207 |
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Judgment of the Court (Fifth Chamber) of 17 September 2015
ECLI:EU:C:2015:613 |
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Case C-634/13 P Total Marketing Services v Commission
Appeal — Competition — Paraffin waxes market — Slack wax market — Duration of participation in an unlawful cartel — Cessation of the participation — Interruption of the participation — Absence of collusive contact established during a certain period of time — Continuation of the infringement — Burden of proof — Public distancing — Perception of the other participants in the cartel of the company’s intention to distance itself — Obligation to state reasons — Principles of the presumption of innocence, equal treatment, effective judicial protection and that penalties must be specific
Language of the case: French
| Summary |
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Opinion of Advocate General Wahl delivered on 26 March 2015
ECLI:EU:C:2015:208 |
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Judgment of the Court (Fifth Chamber) of 17 September 2015
ECLI:EU:C:2015:614 |
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Joined Cases C-10/14, C-14/14 and C-17/14 Miljoen and Others v Staatssecretaris van Financiën
References for a preliminary ruling — Direct taxation — Articles 63 TFEU and 65 TFEU — Free movement of capital — Taxation of dividends from portfolios of shares — Withholding tax — Restriction — Final tax burden — Factors for comparing the tax burdens of resident and non-resident taxpayers — Comparability — Taking into account income tax or corporation tax — Conventions for the avoidance of double taxation — Neutralisation of the restriction by means of a convention
Requests for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Jääskinen delivered on 25 June 2015
ECLI:EU:C:2015:429 |
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Judgment of the Court (Third Chamber) of 17 September 2015
ECLI:EU:C:2015:608 |
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Case C-33/14 P Mory and Others v Commission
Appeal — State aid — Actions for annulment — Article 263 TFEU — Admissibility — Unlawful and incompatible aid — Obligation to recover — European Commission decision not to extend the recovery obligation to the successor of the aid beneficiary — Interest in bringing proceedings — Action for damages and for the recovery of aid before the national courts — Locus standi — Appellant not individually concerned
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 18 June 2015
ECLI:EU:C:2015:409 |
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Judgment of the Court (Third Chamber) of 17 September 2015
ECLI:EU:C:2015:609 |
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Case C-85/14 KPN v ACM
Reference for a preliminary ruling — Electronic communications networks and services — Universal service and users’ rights — Directive 2002/22/EC — Article 28 — Access to numbers and to services — Non-geographic numbers — Directive 2002/19/EC — Articles 5, 8 and 13 — Powers of the national regulatory authorities — Price control — Call transit services — National legislation requiring providers of telephone call transit services not to charge higher tariffs for calls to non-geographic numbers than for calls to geographic numbers — Undertaking without significant market power — Relevant national authority
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bot delivered on 16 April 2015
ECLI:EU:C:2015:245 |
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Judgment of the Court (Third Chamber) of 17 September 2015
ECLI:EU:C:2015:610 |
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Case C-257/14 van der Lans v Koninklijke Luchtvaart Maatschappij
Reference for a preliminary ruling — Air transport — Passengers’ rights in the event of delay or cancellation of a flight — Regulation (EC) No 261/2004 — Article 5(3) — Denied boarding and cancellation — Long flight delay — Compensation and assistance to passengers — Extraordinary circumstances
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
| Summary |
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Judgment of the Court (Ninth Chamber) of 17 September 2015
ECLI:EU:C:2015:618 |
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Case C-344/14 Kyowa Hakko Europe v Hauptzollamt Hannover
Reference for a preliminary ruling — Tariff and statistical nomenclature — Classification of goods — Amino acid mixes used for the preparation of foodstuffs for infants and young children allergic to cow’s milk proteins — Classification under tariff headings 2106 ‘food preparations’ or 3003 ‘medicinal products’
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Seventh Chamber) of 17 September 2015
ECLI:EU:C:2015:615 |
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Case C-416/14 Fratelli De Pra and SAIV v Agenzia Entrate - Direzione Provinciale Ufficio Controlli Belluno and Agenzia Entrate - Direzione Provinciale Ufficio Controlli Vicenza
Reference for a preliminary ruling — Telecommunications networks and services — Directives 2002/19/EC, 2002/20/EC, 2002/21/EC, 2002/22/EC — Free circulation of terminal equipment for terrestrial mobile telecommunications — Directive 1999/5/EC — Tax on the use of equipment — General authorisation or licence for use — Subscription contract equivalent to a general authorisation or licence — Differential treatment of users depending on whether or not they have a subscription contract
Request for a preliminary ruling from the Commissione Tributaria Regionale di Mestre-Venezia
Language of the case: Italian
| Summary |
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Judgment of the Court (Eighth Chamber) of 17 September 2015
ECLI:EU:C:2015:617 |
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Case C-386/15 P(R) Alcogroup and Alcodis v Commission
Appeal — Order for interim measures — Competition — Agreements, decisions and concerted practices — Order to submit to an inspection — Breach of professional secrecy — Refusal to suspend measures of investigation — Need to adopt interim measures — Absence — Inadmissibility
Language of the case: French
| Summary |
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Order of the Vice-President of the Court of 17 September 2015
ECLI:EU:C:2015:623 |
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Case C-463/15 PPU Openbaar Ministerie v A.
Reference for a preliminary ruling — Urgent preliminary-ruling procedure — Article 99 of the Rules of Procedure of the Court of Justice — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 2(4) and Article 4.1 — Conditions of execution — National criminal law making the execution of a European arrest warrant subject to, in addition to double criminality, the condition that the criminal act is punishable by a custodial sentence or a detention order for a maximum period of at least 12 months under the law of the executing Member State
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
| Summary |
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Order of the Court (Fourth Chamber) of 25 September 2015
ECLI:EU:C:2015:634 |
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Case C-276/14 Gmina Wrocław v Minister Finansów
Reference for a preliminary ruling — Value added tax — Directive 2006/112/EC — Article 9(1) — Article 13(1) — Taxable persons — Interpretation of the word ‘independently’ — Municipal body — Economic activities carried out by an organisational entity of a municipality other than as a public authority — Whether such an entity may be regarded as a ‘taxable person’ within the meaning of the provisions of Directive 2006/112 — Articles 4(2) and 5(3) TEU
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Opinion of Advocate General Jääskinen delivered on 30 June 2015
ECLI:EU:C:2015:431 |
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Judgment of the Court (Grand Chamber) of 29 September 2015
ECLI:EU:C:2015:635 |
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Information (on unpublished decisions)
Case C-531/14 P Giorgis v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Invalidity proceedings — Three-dimensional Community trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute ground for invalidity — No distinctive character — Shape of two packaged goblets
Case C-456/14 Orrego Arias v Subdelegación del Gobierno en Ciudad Real
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2001/40/EC — Mutual recognition of decisions on the expulsion of third country nationals — Article 3(1)(a) — Concept of ‘offence punishable by a penalty involving deprivation of liberty of at least one year’ — Decision on the expulsion of a third country national owing to a criminal conviction — Situation which is not covered by Directive 2001/40 — Manifest lack of jurisdiction
Joined Cases C-585/14, C-587/14 and C-588/14 Chiş and Others v Administrația Județeană a Finanțelor Publice Cluj and Administrația Județeană a Finanțelor Publice Sălaj
Reference for a preliminary ruling — Internal Taxation — Article 110 TFEU — Tax levied by a Member State on motor vehicles at the time of their first registration or of the first transfer of the right of ownership — Fiscal neutrality as between second hand motor vehicles imported from other Member States and similar motor vehicles available on the domestic market
Case C-52/15 P Lambauer v Council
Appeal — Statute of the Court of Justice of the European Union — Article 19 — Action for annulment manifestly inadmissible — Absence of representation on the part of the applicant — Grounds of appeal manifestly unfounded
Case C-250/15 Vivium v Belgische Staat
Reference for a preliminary ruling – Factual and regulatory background to the dispute in the main proceedings – Lack of sufficient information – Manifest inadmissibility
Case C-62/15 P DTL Corporación v OHIM
Appeal — Article 181 the Rules of Procedure of the Court of Justice — Community trade mark — Application for registration of the word mark Generia — Opposition by the proprietor of the earlier Community figurative mark Generalia generación renovable — Partial refusal to register — Regulation (EC) No 207/2009 — Article 8(1)(b) — Likelihood of confusion — Article 64(1) — Powers of the Board of Appeal — Article 75, second subparagraph — Right to be heard
Case C-36/14 Commission v Poland
Failure of a Member State to fulfil obligations — Internal market in natural gas — Directive 2009/73/EC — State intervention consisting of the obligation to apply prices for supplies of national gas approved by a national authority — Measure unlimited in time — No obligation to check at regular intervals the necessity of that measure and the nature of its application — Application to an unlimited set of users, without distinction between customers or between specific situations — Proportionality
Joined Cases C-455/13 P, C-457/13 P and C-460/13 P Confederazione Cooperative Italiane and Others v Anicav and Others
Appeals — Agriculture — Common organisation of the markets — Fruit and vegetable sector — Regulation (EC) No 1580/2007 — Article 52(2a) — Implementing Regulation (EU) No 543/2011 — Articles 50(3) and 60(7) — Aid to producer organisations — Products processed from fruit and vegetables — Flat rate covering certain processing operations — Eligibility of investments and actions connected with the processing — Actions for annulment — Admissibility — Whether directly concerned
Case C-367/14 Commission v Italy
Failure of a Member State to fulfil obligations — State aid — Aid granted to firms located in Venice and Chioggia — Reduction of social security contributions — Failure to recover aid within the prescribed period — Judgment of the Court establishing that a Member State has failed to fulfil its obligations — Non-compliance — Article 260(2) TFEU — Pecuniary penalties — Penalty payment — Lump sum
Case C-548/14 P Arnoldo Mondadori Editore v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Regulation (EC) No 40/94 — Application for registration of the word mark GRAZIA — Opposition by the proprietor of the international, Community and national word and figurative marks including the word element ‘GRAZIA’ — Rejection of the opposition — Article 8(1)(b) — Likelihood of confusion — Article 8(5) — Reputation
Case C-615/14 P AQ v Parliament
Appeal — Essential procedural requirements — Representation by a lawyer — Manifest inadmissibility)
Case C-1/15 SA Shotef v Commission
Application for leave to serve a garnishee order on the European Union
Case C-2/15 SA ANKO v Commission
Application for leave to serve a garnishee order on the European Union
Case C-424/14 Balogh v Nemzeti Adó- és Vámhivatal Dél-dunántúli Regionális Adó Főigazgatósága
Reference for a preliminary ruling –VAT — Directive 2006/112/EC — Articles 213 and 214 — Commencement of an activity not stated — Exemption scheme for small businesses — Penalty
October 2015
Case C-606/13 OKG v Skatteverket
Reference for a preliminary ruling — Directive 2003/96/EC — Articles 4 and 21 — Directive 2008/118/EC — Directive 92/12/EEC — Article 3(1) — Scope — Rules of a Member State — Levying of a tax on the thermal power of nuclear reactors
Request for a preliminary ruling from the Kammarrätten i Sundsvall
Language of the case: Swedish
| Summary |
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Judgment of the Court (Seventh Chamber) of 1 October 2015
ECLI:EU:C:2015:636 |
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Case C-32/14 ERSTE Bank Hungary v Sugár
Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms in consumer contracts concluded between a seller or supplier and a consumer — Mortgage loan agreement — Article 7(1) — Stopping the use of unfair terms — Adequate and effective means — Acknowledgement of the debt — Notarised instrument — Affixation of the enforcement clause by a notary — Enforceable order — Notary’s obligations — Examination by the national court of its own motion of unfair terms — Judicial review — Principles of equivalence and effectiveness
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 25 June 2015
ECLI:EU:C:2015:424 |
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Judgment of the Court (Third Chamber) of 1 October 2015
ECLI:EU:C:2015:637 |
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Case C-201/14 Bara and Others v Casa Naţională de Asigurări de Sănătate and Others
Reference for a preliminary ruling — Directive 95/46/EC — Processing of personal data — Articles 10 and 11 — Data subjects’ information — Article 13 — Exceptions and limitations — Transfer by a public administrative body of a Member State of personal tax data for processing by another public administrative body
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 9 July 2015
ECLI:EU:C:2015:461 |
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Judgment of the Court (Third Chamber) of 1 October 2015
ECLI:EU:C:2015:638 |
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Case C-230/14 Weltimmo v Nemzeti Adatvédelmi és Információszabadság Hatóság
Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Directive 95/46/EC — Articles 4(1) and 28(1), (3) and (6) — Controller who is formally established in a Member State — Impairment of the right to the protection of personal data concerning natural persons in another Member State — Determination of the applicable law and the competent supervisory authority — Exercise of the powers of the supervisory authority — Power to impose penalties
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 25 June 2015
ECLI:EU:C:2015:426 |
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Judgment of the Court (Third Chamber) of 1 October 2015
ECLI:EU:C:2015:639 |
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Case C-290/14 Criminal proceedings against Celaj
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Return of illegally staying third-country nationals — Return decision accompanied by an entry ban of three years’ duration — Breach of an entry ban — Third-country national previously removed — Sentence of imprisonment in case of new unlawful entry into the national territory — Compatibility
Request for a preliminary ruling from the Tribunale di Firenze
Language of the case: Italian
| Summary |
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Opinion of Advocate General Szpunar delivered on 28 April 2015
ECLI:EU:C:2015:285 |
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Judgment of the Court (Fourth Chamber) of 1 October 2015
ECLI:EU:C:2015:640 |
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Joined Cases C-340/14 and C-341/14 Trijber v College van Burgemeester en Wethouders van Amsterdam and Harmsen v Burgemeester van Amsterdam
Reference for a preliminary ruling — Directive 2006/123/EC — Services in the internal market — Leisure boating — Window prostitution businesses — Article 2(2)(d) — Scope — Not included — Services in the field of transport — Freedom of establishment — Authorisation scheme — Article 10(2)(c) — Conditions for granting the authorisation — Proportionality — Language requirement — Article 11(1)(b) — Duration of the authorisation — Restriction of the number of authorisations available — Overriding reason relating to the public interest
Requests for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 16 July 2015
ECLI:EU:C:2015:505 |
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Judgment of the Court (Third Chamber) of 1 October 2015
ECLI:EU:C:2015:641 |
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Case C-357/14 P Electrabel and Dunamenti Erőmű v Commission
Appeal — State aid — Aid granted by the Hungarian authorities to certain electricity generators — Power purchase agreements concluded between a public undertaking and certain electricity generators — Decision declaring that aid incompatible with the common market and ordering its recovery — Meaning of ‘party’ capable of bringing an appeal before the Court — Accession of Hungary to the European Union — Date relevant to the assessment of the existence of aid — Concept of State aid — Advantage — Private investor test — Methodology for calculating the amount of aid
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 1 July 2015
ECLI:EU:C:2015:435 |
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Judgment of the Court (Third Chamber) of 1 October 2015
ECLI:EU:C:2015:642 |
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Case C-432/14 O v Bio Philippe Auguste
Reference for a preliminary ruling — Social policy — Principles of equal treatment and non-discrimination on grounds of age — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(1) and 2(2)(a) — Difference in treatment on grounds of age — Whether situations comparable — Grant of a payment, on the expiry of a fixed-term employment contract, intended to compensate for insecurity — Exclusion of young people working during their school holidays or university vacations
Request for a preliminary ruling from the conseil de prud'hommes de Paris
Language of the case: French
| Summary |
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Judgment of the Court (Seventh Chamber) of 1 October 2015
ECLI:EU:C:2015:643 |
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Case C-452/14 AIFA and Ministero della Salute v Doc Generici
Reference for a preliminary ruling — Article 267 TFEU — Obligation to bring the matter before the Court of Justice — Approximation of laws — Proprietary medicinal products — Medicinal products for human use — Marketing authorisation — Variation — Fees — Regulation (EC) No 297/95 — Regulation (EC) No 1234/2008 — Scope
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Third Chamber) of 1 October 2015
ECLI:EU:C:2015:644 |
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Case C-303/13 P Commission v Andersen
Appeal — Competition — State aid — Aid granted by the Danish authorities to the public undertaking Danske Statsbaner (DSB) — Public service contracts for the supply of passenger rail transport services between Copenhagen (Denmark) and Ystad (Sweden) — Decision declaring the aid compatible with the internal market subject to conditions — Temporal application of rules of substantive law
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 21 May 2015
ECLI:EU:C:2015:340 |
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Judgment of the Court (Grand Chamber) of 6 October 2015
ECLI:EU:C:2015:647 |
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Case C-346/13 Ville de Mons v Base Company
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/20/EC — Article 13 — Fee for rights to install facilities — Scope — Municipal regulations making owners of mobile telephone transmission pylons and masts subject to payment of a tax
Request for a preliminary ruling from the Cour d'appel de Mons
Language of the case: French
| Summary |
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Opinion of Advocate General Wahl delivered on 8 July 2015
ECLI:EU:C:2015:446 |
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Judgment of the Court (Third Chamber) of 6 October 2015
ECLI:EU:C:2015:649 |
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Case C-650/13 Delvigne v Commune de Lesparre Médoc and Préfet de la Gironde
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Articles 39 and 49 — European Parliament — Elections — Right to vote — Citizenship of the European Union — Retroactive effect of the more lenient criminal law — National legislation providing for the deprivation of the right to vote in the case of a criminal conviction by a final judgment delivered before 1 March 1994
Request for a preliminary ruling from the Tribunal d'instance de Bordeaux
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 4 June 2015
ECLI:EU:C:2015:363 |
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Judgment of the Court (Grand Chamber) of 6 October 2015
ECLI:EU:C:2015:648 |
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Case C-23/14 Post Danmark v Konkurrencerådet
Reference for a preliminary ruling — Article 82 EC — Abuse of a dominant position — Market for the distribution of bulk mail — Direct advertising mail — Retroactive rebate scheme — Exclusionary effect — ‘As-efficient-competitor’ test — Degree of likelihood and seriousness of an anti-competitive effect
Request for a preliminary ruling from the Sø- og Handelsretten
Language of the case: Danish
| Summary |
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Opinion of Advocate General Kokott delivered on 21 May 2015
ECLI:EU:C:2015:343 |
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Judgment of the Court (Second Chamber) of 6 October 2015
ECLI:EU:C:2015:651 |
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Case C-59/14 Firma Ernst Kollmer Fleischimport und -export v Hauptzollamt Hamburg-Jonas
Reference for a preliminary ruling — Regulation (EC, Euratom) No 2988/95 — Protection of the European Union’s financial interests — Article 1(2) and the first subparagraph of Article 3(1) — Recovery of an export refund — Limitation period — Date from which time runs (dies a quo) — Act or omission by the economic operator — Occurrence of the prejudice — Continuous infringement — Single infringement
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 11 June 2015
ECLI:EU:C:2015:396 |
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Judgment of the Court (Fourth Chamber) of 6 October 2015
ECLI:EU:C:2015:660 |
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Case C-61/14 Orizzonte Salute v Azienda Pubblica di Servizi alla persona San Valentino and Others
Reference for a preliminary ruling — Directive 89/665/EEC — Public procurement — National legislation — Fees for access to administrative proceedings in the field of public procurement — Right to an effective remedy — Dissuasive fees — Judicial review of administrative decisions — Principles of effectiveness and equivalence — Effectiveness
Request for a preliminary ruling from the Tribunale regionale di giustizia amministrativa di Trento
Language of the case: Italian
| Summary |
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Opinion of Advocate General Jääskinen delivered on 7 May 2015
ECLI:EU:C:2015:307 |
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Judgment of the Court (Fifth Chamber) of 6 October 2015
ECLI:EU:C:2015:655 |
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Case C-66/14 Finanzamt Linz v Bundesfinanzgericht, Außenstelle Linz
Reference for a preliminary ruling — Articles 49 TFEU, 54 TFEU, 107 TFEU and 108(3) TFEU — Freedom of establishment — State aid — Taxation of groups of companies — Acquisition of a holding in a subsidiary — Depreciation of the goodwill — Limitation on holdings in resident companies
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Kokott delivered on 16 April 2015
ECLI:EU:C:2015:242 |
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Judgment of the Court (Fourth Chamber) of 6 October 2015
ECLI:EU:C:2015:661 |
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Case C-69/14 Târșia v Statul român and Serviciul Public Comunitar Regim Permise de Conducere si Inmatriculare a Autovehiculelor
Reference for a preliminary ruling — Principles of equivalence and effectiveness — Res judicata — Recovery of undue payments — Recovery of taxes levied by a Member State in breach of EU law — Final decision of a court or tribunal imposing payment of a tax which is incompatible with EU law — Application for revision of such a decision — National legislation allowing the revision, in the light of later preliminary rulings given by the Court, of final decisions of a court or tribunal made exclusively in administrative proceedings
Request for a preliminary ruling from the Tribunalul Sibiu
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Jääskinen delivered on 23 April 2015
ECLI:EU:C:2015:269 |
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Judgment of the Court (Grand Chamber) of 6 October 2015
ECLI:EU:C:2015:662 |
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Case C-71/14 East Sussex County Council v Information Commissioner and Others
Reference for a preliminary ruling — Aarhus Convention — Directive 2003/4/EC — Articles 5 and 6 — Public access to environmental information — Charge for supplying environmental information — Reasonable amount — Costs of maintaining a database and overheads — Access to justice — Administrative and judicial review of a decision imposing a charge
Request for a preliminary ruling from the First-tier Tribunal
Language of the case: English
| Summary |
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Opinion of Advocate General Sharpston delivered on 16 April 2015
ECLI:EU:C:2015:234 |
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Judgment of the Court (Fifth Chamber) of 6 October 2015
ECLI:EU:C:2015:656 |
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Case C-73/14 Council v Commission
Action for annulment — United Nations Convention on the Law of the Sea — International Tribunal for the Law of the Sea — Illegal, unreported and unregulated fishing — Advisory opinion proceedings — Submission by the European Commission of a written statement on behalf of the European Union — No prior approval of the content of that statement by the Council of the European Union — Article 13(2) TEU, Article 16 TEU and Article 17(1) TEU — Article 218(9) TFEU and Article 335 TFEU — Representation of the European Union — Principles of conferral of powers and institutional balance — Principle of sincere cooperation
Language of the case: English
| Summary |
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Opinion of Advocate General Sharpston delivered on 16 July 2015
ECLI:EU:C:2015:490 |
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Judgment of the Court (Grand Chamber) of 6 October 2015
ECLI:EU:C:2015:663 |
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Case C-203/14 Consorci Sanitari del Maresme v Corporació de Salut del Maresme i la Selva
Reference for a preliminary ruling — Article 267 TFEU — Jurisdiction of the Court — Status of the referring body as a court or tribunal — Independence — Compulsory jurisdiction — Directive 89/665/EEC — Article 2 — Bodies responsible for review procedures — Directive 2004/18/EC — Articles 1(8) and 52 — Public procurement procedures — Meaning of ‘public entity’ — Public authorities — Inclusion
Request for a preliminary ruling from the Tribunal Català de Contractes del Sector Públic
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Jääskinen delivered on 7 July 2015
ECLI:EU:C:2015:445 |
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Judgment of the Court (Grand Chamber) of 6 October 2015
ECLI:EU:C:2015:664 |
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Case C-298/14 Brouillard v Jury du concours de recrutement de référendaires and État belge
Reference for a preliminary ruling — Freedom of movement of persons — Articles 45 TFEU and 49 TFEU — Workers — Employment in the public service — Directive 2005/36/EC — Recognition of professional qualifications — Definition of ‘regulated profession’ — Admission to a competition to recruit legal secretaries at the Cour de cassation (Belgium)
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Sharpston delivered on 18 June 2015
ECLI:EU:C:2015:408 |
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Judgment of the Court (Second Chamber) of 6 October 2015
ECLI:EU:C:2015:652 |
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Case C-354/14 Capoda Import-Export v Registrul Auto Român and Bejan
Reference for a preliminary ruling — Free movement of goods — Measures having equivalent effect — Products in free circulation in Germany — Products subject to homologation inspections in Romania — Certificate of conformity issued by a distributor in another Member State — Certificate deemed insufficient to allow the free marketing of those products — Principle of mutual recognition — Partly inadmissible
Request for a preliminary ruling from the Tribunalul Cluj
Language of the case: Romanian
| Summary |
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Judgment of the Court (Seventh Chamber) of 6 October 2015
ECLI:EU:C:2015:658 |
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Case C-362/14 Schrems v Data Protection Commissioner
Reference for a preliminary ruling — Personal data — Protection of individuals with regard to the processing of such data — Charter of Fundamental Rights of the European Union — Articles 7, 8 and 47 — Directive 95/46/EC — Articles 25 and 28 — Transfer of personal data to third countries — Decision 2000/520/EC — Transfer of personal data to the United States — Inadequate level of protection — Validity — Complaint by an individual whose data has been transferred from the European Union to the United States — Powers of the national supervisory authorities
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 23 September 2015
ECLI:EU:C:2015:627 |
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Judgment of the Court (Grand Chamber) of 6 October 2015
ECLI:EU:C:2015:650 |
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Case C-404/14 Proceedings brought by Matoušková
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 1(1)(b) — Substantive scope — Inheritance settlement agreement between the surviving spouse and minor children represented by a guardian ad litem — Classification — Requirement for approval of such an agreement by the court — Measure relating to parental responsibility or measure relating to succession
Request for a preliminary ruling from the Nejvyšší soud České republiky
Language of the case: Czech
| Summary |
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Opinion of Advocate General Kokott delivered on 25 June 2015
ECLI:EU:C:2015:428 |
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Judgment of the Court (Third Chamber) of 6 October 2015
ECLI:EU:C:2015:653 |
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Case C-471/14 Seattle Genetics v Österreichisches Patentamt
Reference for a preliminary ruling — Intellectual and industrial property — Proprietary medicinal products — Regulation (EC) No 469/2009 — Article 13(1) — Supplementary protection certificate — Duration — Concept of the ‘date of the first authorisation to place the product on the market in the European Union’ — Whether account is to be taken of the date of the decision granting authorisation or the date on which notification was given of that decision
Request for a preliminary ruling from the Oberlandesgericht Wien
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 10 September 2015
ECLI:EU:C:2015:590 |
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Judgment of the Court (Eighth Chamber) of 6 October 2015
ECLI:EU:C:2015:659 |
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Case C-489/14 A v B
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility — Regulation (EC) No 2201/2003 — Lis pendens — Articles 16 and 19(1) and (3) — Judicial separation proceedings in a first Member State and divorce proceedings in a second Member State — Jurisdiction of the court first seised — Concept of ‘established’ jurisdiction — Lapse of the first proceedings and commencement of fresh divorce proceedings in the first Member State — Consequences — Time difference between the Member States — Effects on the procedure for seising the courts
Request for a preliminary ruling from the High Court of Justice of England and Wales
Language of the case: English
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 8 September 2015
ECLI:EU:C:2015:559 |
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Judgment of the Court (Third Chamber) of 6 October 2015
ECLI:EU:C:2015:654 |
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Case C-500/14 Ford Motor Company v Wheeltrims
Reference for a preliminary ruling — Designs — Directive 98/71/EC — Article 14 — Regulation (EC) No 6/2002 — Article 110 — So-called ‘repair’ clause — Use by a third party of a trade mark, without the consent of the owner, for replacement parts or accessories for motor vehicles identical to the goods for which the trade mark is registered
Request for a preliminary ruling from the Tribunale ordinario di Torino
Language of the case: Italian
| Summary |
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Order of the Court (Third Chamber) of 6 October 2015
ECLI:EU:C:2015:680 |
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Case C-508/14 Český telekomunikační úřad v T-Mobile Czech Republic and Vodafone Czech Republic
Reference for a preliminary ruling — Directive 2002/22/EC (Universal Service Directive) — Costing of universal service obligations — Taking account of the rate of return on equity capital — Direct effect — Scope ratione temporis
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Judgment of the Court (Fifth Chamber) of 6 October 2015
ECLI:EU:C:2015:657 |
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Case C-517/14 P Schutzgemeinschaft Milch und Milcherzeugnisse v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Agriculture — Regulation (EC) No 510/2006 — Register of protected designations of origin and protected geographical indications — Registration of the designation ‘Edam Holland’ — Producers using the name ‘edam’ — Absence of a legal interest in bringing proceedings
Language of the case: German
| Summary |
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Order of the Court (Seventh Chamber) of 6 October 2015
ECLI:EU:C:2015:700 |
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Case C-362/15 P(I) Etairia Larymnis Larko v Commission
Appeal — Intervention — Creditor of a main party — Interest in the result of the case — None
Language of the case: Greek
| Summary |
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Order of the Vice-President of the Court of 6 October 2015
ECLI:EU:C:2015:682 |
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Case C-410/15 P(I) Comité d'entreprise de la SNCM v Commission
Appeal — Intervention — Interest in the result of the case
Language of the case: French
| Summary |
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Order of the Vice-President of the Court of 6 October 2015
ECLI:EU:C:2015:669 |
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Case C-418/15 P(I) Cap Actions SNCM v Commission
Appeal — Intervention — Interest in the result of the case
Language of the case: French
| Summary |
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Order of the Vice-President of the Court of 6 October 2015
ECLI:EU:C:2015:671 |
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Case C-137/14 Commission v Germany
Failure of a Member State to fulfil obligations — Directive 2011/92/EU — Assessment of the effects of certain public and private projects on the environment — Article 11 — Directive 2010/75/EU — Industrial emissions (integrated pollution prevention and control) — Article 25 — Access to justice — Non-compliant national procedural rules
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 21 May 2015
ECLI:EU:C:2015:344 |
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Judgment of the Court (Second Chamber) of 15 October 2015
ECLI:EU:C:2015:683 |
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Case C-168/14 Grupo Itevelesa and Others v Oca Inspección Técnica de Vehículos and Generalidad de Cataluña
Reference for a preliminary ruling — Articles 49 TFEU and 51 TFEU — Freedom of establishment — Directive 2006/123/EC — Scope — Services in the internal market — Directive 2009/40/EC — Access to vehicle roadworthiness testing activities — Exercise by a private body — Activities connected with the exercise of official authority — Prior authorisation scheme — Overriding reasons relating to the public interest — Road safety — Territorial distribution — Minimum distance between roadworthiness testing centres — Maximum market share — Justification — Whether appropriate for the purpose of achieving the objective pursued — Coherence — Proportionality
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Wahl delivered on 3 June 2015
ECLI:EU:C:2015:351 |
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Judgment of the Court (Second Chamber) of 15 October 2015
ECLI:EU:C:2015:685 |
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Case C-216/14 Criminal proceedings against Covaci
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2010/64/EU — Right to interpretation and translation in criminal proceedings — Language of the proceedings — Penalty order imposing a fine — Possibility of lodging an objection in a language other than the language of the proceedings — Directive 2012/13/EU — Right to information in criminal proceedings — Right to be informed of the charge — Service of a penalty order — Procedures — Mandatory appointment by the accused person of person authorised to accept service — Period for lodging an objection running from service on the person authorised to accept service
Request for a preliminary ruling from the Amtsgericht Laufen
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 7 May 2015
ECLI:EU:C:2015:305 |
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Judgment of the Court (First Chamber) of 15 October 2015
ECLI:EU:C:2015:686 |
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Case C-251/14 Balázs v Nemzeti Adó- és Vámhivatal Dél-alföldi Regionális Vám- és Pénzügyőri Főigazgatósága
Reference for a preliminary ruling — Approximation of laws — Quality of diesel fuels — National technical specification imposing additional quality requirements compared to EU law
Request for a preliminary ruling from the Kecskeméti Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Kokott delivered on 21 May 2015
ECLI:EU:C:2015:346 |
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Judgment of the Court (First Chamber) of 15 October 2015
ECLI:EU:C:2015:687 |
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Case C-306/14 Direktor na Agentsia "Mitnitsi" v Biovet
Reference for a preliminary ruling — Directive 92/83/EEC — Harmonisation of the structures of excise duties on alcohol and alcoholic beverages — Article 27(1)(d) — Exemption from the harmonised excise duty — Ethyl alcohol — Use for cleaning and disinfection of equipment and facilities used for the production of medicines
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Bot delivered on 4 June 2015
ECLI:EU:C:2015:367 |
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Judgment of the Court (Second Chamber) of 15 October 2015
ECLI:EU:C:2015:689 |
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Case C-310/14 Nike European Operations Netherlands v Sportland
Reference for a preliminary ruling — Regulation (EC) No 1346/2000 — Articles 4 and 13 — Insolvency proceedings — Detrimental legal acts — Action for restitution of payments made before the date on which insolvency proceedings were opened — Law of the Member State in which insolvency proceedings were opened — Law of the Member State governing the legal act at issue — Law not allowing ‘any means of challenging that act in the relevant case’ — Burden of proof
Request for a preliminary ruling from the Helsingin hovioikeus
Language of the case: Finnish
| Summary |
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Judgment of the Court (Sixth Chamber) of 15 October 2015
ECLI:EU:C:2015:690 |
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Joined Cases C-352/14 and C-353/14 Iglesias Gutiérrez and Rion Bea v Bankia and Others
Reference for a preliminary ruling — Articles 107 TFEU and 108 TFEU — Financial crisis — Aid to the financial sector — Compatibility of aid with the internal market — Decision of the European Commission — Financial entity undergoing restructuring — Dismissal of an employee — National rules concerning the levels of redundancy payments
Request for a preliminary ruling from the Juzgado de lo Social n° 2 de Terrassa
Language of the case: Spanish
| Summary |
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Judgment of the Court (Sixth Chamber) of 15 October 2015
ECLI:EU:C:2015:691 |
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Case C-494/14 European Union v Axa Belgium
Reference for a preliminary ruling — Officials — Staff Regulations — Articles 73, 78 and 85a — Traffic accident — National law establishing strict liability — Subrogation of the European Union — Concept of a ‘third party’ — Autonomous concept of EU law — Concept covering any person required, under national law, to pay compensation for the damage suffered by the victim or those entitled under him — Benefits not definitively payable by the European Union
Request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles
Language of the case: French
| Summary |
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Judgment of the Court (Fifth Chamber) of 15 October 2015
ECLI:EU:C:2015:692 |
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Case C-347/14 New Media Online v Bundeskommunikationssenat and Der Bundeskanzler
Reference for a preliminary ruling — Directive 2010/13/EU — Concepts of ‘programme’ and ‘audiovisual media service’ — Determination of the principal purpose of an audiovisual media service — Comparability of the service to television broadcasting — Inclusion of short videos in a section of a newspaper’s website available on the Internet
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 1 July 2015
ECLI:EU:C:2015:434 |
|
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Judgment of the Court (Second Chamber) of 21 October 2015
ECLI:EU:C:2015:709 |
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Case C-215/15 Ivanova Gogova v Dimitrov Iliev
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility — Regulation (EC) No 2201/2003 — Scope — Article 1(1)(b) — Attribution, exercise, delegation, restriction or termination of parental responsibility — Article 2 — Concept of parental responsibility — Dispute between parents on travel by their child and the issue of a passport to the child — Prorogation of jurisdiction — Article 12 — Conditions — Acceptance of the jurisdiction of the courts seised — Non-appearance of the defendant — Jurisdiction not contested by the defendant’s legal representative appointed by the courts seised of their own motion
Request for a preliminary ruling from the Varhoven kasatsionen sad
Language of the case: Bulgarian
| Summary |
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View of Advocate General Mengozzi delivered on 10 September 2015
ECLI:EU:C:2015:725 |
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Judgment of the Court (Fourth Chamber) of 21 October 2015
ECLI:EU:C:2015:710 |
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Case C-552/13 Grupo Hospitalario Quirón v Departamento de Sanidad del Gobierno Vasco and Instituto de Religiosas Siervas de Jesús de la Caridad
Reference for a preliminary ruling — Public service contracts — Directive 2004/18/EC — Article 23(2) — Management of public health services — Provision of health services under the remit of public hospitals in private establishments — Requirement that the services be provided in a particular municipality
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo de Bilbao
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Szpunar delivered on 11 June 2015
ECLI:EU:C:2015:394 |
|
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Judgment of the Court (Fifth Chamber) of 22 October 2015
ECLI:EU:C:2015:713 |
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Case C-20/14 BGW Beratungs-Gesellschaft Wirtschaft v Scholz
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Further grounds for refusal or invalidity — Word mark — Same letter sequence as an earlier trade mark — Addition of a descriptive word combination — Existence of a likelihood of confusion
Request for a preliminary ruling from the Bundespatentgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 12 March 2015
ECLI:EU:C:2015:167 |
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Judgment of the Court (First Chamber) of 22 October 2015
ECLI:EU:C:2015:714 |
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Case C-126/14 Sveda v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling — VAT — Directive 2006/112/EC — Article 168 — Right of deduction — Deduction of input VAT on the acquisition or production of capital goods — Recreational path directly intended for use by the public free of charge — Use of the recreational path as a means of carrying out taxed transactions
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Kokott delivered on 22 April 2015
ECLI:EU:C:2015:254 |
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Judgment of the Court (Fifth Chamber) of 22 October 2015
ECLI:EU:C:2015:712 |
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Case C-185/14 EasyPay and Finance Engineering v Ministerski savet na Republika Balgaria and Natsionalen osiguritelen institut
Reference for a preliminary ruling — Money order service — Directive 97/67/EC — Scope — National legislation granting an exclusive right to provide a money order service — State aid — Economic activity — Services of general economic interest
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Second Chamber) of 22 October 2015
ECLI:EU:C:2015:716 |
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Case C-194/14 P AC-Treuhand v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European tin stabiliser and ESBO/esters heat stabiliser markets — Article 81(1) EC — Scope — Consultancy firm not operating on the relevant markets — Definition of ‘agreement between undertakings’ and ‘concerted practice’ — Calculation of the amount of fines — The 2006 Guidelines on the method of setting fines — Unlimited jurisdiction
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 21 May 2015
ECLI:EU:C:2015:350 |
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Judgment of the Court (Second Chamber) of 22 October 2015
ECLI:EU:C:2015:717 |
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Case C-245/14 Thomas Cook Belgium v Thurner Hotel
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EC) No 1896/2006 — European order for payment procedure — Late statement of opposition — Article 20(2) — Application for review of the European order for payment — Objection to the jurisdiction of the court of origin — European order for payment wrongly issued having regard to the requirements laid down in the regulation — Not ‘clearly’ wrongly issued — No ‘exceptional’ circumstances
Request for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 2 July 2015
ECLI:EU:C:2015:442 |
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Judgment of the Court (Fourth Chamber) of 22 October 2015
ECLI:EU:C:2015:715 |
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Case C-264/14 Skatteverket v Hedqvist
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Articles 2(1)(c) and 135(1)(d) to (f) — Services for consideration — Transactions to exchange the ‘bitcoin’ virtual currency for traditional currencies — Exemption
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Kokott delivered on 16 July 2015
ECLI:EU:C:2015:498 |
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Judgment of the Court (Fifth Chamber) of 22 October 2015
ECLI:EU:C:2015:718 |
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Case C-277/14 PPUH Stehcemp v Dyrektor Izby Skarbowej w Łodzi
Reference for a preliminary ruling — Taxation — Value added tax — Sixth Directive — Right of deduction — Refusal — Sale by an entity regarded as non-existent
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Judgment of the Court (Fifth Chamber) of 22 October 2015
ECLI:EU:C:2015:719 |
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Case C-378/14 Bundesagentur für Arbeit - Familienkasse Sachsen v Trapkowski
Reference for a preliminary ruling — Social security — Regulation (EC) No 883/2004 — Article 67 — Regulation (EC) No 987/2009 — Article 60(1) — Payment of family benefits where parents are divorced — Definition of the ‘person concerned’ — Law of a Member State providing for the payment of family benefits to the parent who has taken the child into his household — Residence of that parent in another Member State — Failure of that parent to claim family benefits — Possibility of entitlement of the other parent to claim those family benefits
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber) of 22 October 2015
ECLI:EU:C:2015:720 |
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Case C-425/14 Impresa Edilux and SICEF v Assessorato Beni Culturali e Identità Siciliana and Others
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Grounds for exclusion from participation in a tendering procedure — Contract falling below the threshold of application of that directive — Fundamental rules of the FEU Treaty — Declaration of acceptance of a legality protocol on combating criminal activity — Exclusion for failure to lodge such a declaration — Whether permissible — Proportionality
Request for a preliminary ruling from the Consiglio di Giustizia Amministrativa per la Regione siciliana
Language of the case: Italian
| Summary |
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Judgment of the Court (Tenth Chamber) of 22 October 2015
ECLI:EU:C:2015:721 |
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Case C-523/14 Aannemingsbedrijf Aertssen and Aertssen Terrassements v VSB Machineverhuur and Others
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 1 — Scope — Complaint seeking to join a civil action to proceedings — Article 27 — Lis pendens — Proceedings brought before a court of another Member State — Ongoing judicial investigation — Article 30 — Time when a court is deemed to be seised
Request for a preliminary ruling from the Rechtbank Gelderland
Language of the case: Dutch
| Summary |
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Judgment of the Court (Third Chamber) of 22 October 2015
ECLI:EU:C:2015:722 |
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Case C-8/14 BBVA v Peñalva López and Others
Reference for a preliminary ruling — Directive 93/13/EEC — Mortgage loan agreement — Unfair terms — Enforcement proceedings — Opposition — Time limits
Request for a preliminary ruling from the Juzgado de Primera Instancia n° 4 de Martorell
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Szpunar delivered on 13 May 2015
ECLI:EU:C:2015:321 |
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Judgment of the Court (First Chamber) of 29 October 2015
ECLI:EU:C:2015:731 |
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Case C-78/14 P Commission v ANKO
Appeal — Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Contracts relating to EU financial support granted to the Perform and Oasis projects — Irregularities identified during audits of other projects — Decision of the Commission to suspend reimbursement of the amounts advanced by the recipient — Eligible costs — Distortions of the documents on the file
Language of the case: Greek
| Summary |
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Opinion of Advocate General Szpunar delivered on 5 March 2015
ECLI:EU:C:2015:153 |
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Judgment of the Court (First Chamber) of 29 October 2015
ECLI:EU:C:2015:732 |
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Case C-174/14 Saudaçor v Fazenda Pública
Reference for a preliminary ruling — Value added tax — Directive 2006/112/EC — Article 13(1) — Treatment as a non-taxable person — Concept of ‘body governed by public law’ — Limited company which is responsible for the provision of services in respect of the planning and management of the health service of the Autonomous Region of the Azores — Determination of the detailed arrangements for those services, including their remuneration, in programme agreements concluded between that company and that region
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Jääskinen delivered on 25 June 2015
ECLI:EU:C:2015:430 |
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Judgment of the Court (Fourth Chamber) of 29 October 2015
ECLI:EU:C:2015:733 |
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Case C-319/14 B & S Global Transit Center v Staatssecretaris van Financiën
Reference for a preliminary ruling — Community Customs Code — Regulation (EEC) No 2913/92 — Articles 203 and 204 — External Community transit procedure — Regulation (EEC) No 2454/93 — Articles 365, 366 and 859 — Incurrence of a customs debt — Whether or not goods are unlawfully removed from customs supervision — Non-fulfilment of an obligation — Failure to end the transit procedure — Removal of the goods from the customs territory of the European Union
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 16 July 2015
ECLI:EU:C:2015:500 |
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Judgment of the Court (Fifth Chamber) of 29 October 2015
ECLI:EU:C:2015:734 |
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Case C-490/14 Freistaat Bayern v Verlag Esterbauer
Reference for a preliminary ruling — Legal protection of databases — Directive 96/9/EC — Article 1(2) — Scope — Databases — Topographic maps — Independence of materials constituting a database — Possibility of separating those materials without affecting the value of their informative content — Account taken of the purpose of a topographic map for the user
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber) of 29 October 2015
ECLI:EU:C:2015:735 |
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Case C-583/14 Nagy v Vas Megyei Rendőr-főkapitányság
Reference for a preliminary ruling — Principle of non-discrimination — Article 18 TFEU — Citizenship of the Union — Article 20 TFEU — Freedom of movement for persons — Article 63 TFEU — Free movement of capital — Road use — Drivers resident in the Member State concerned — Requirement to provide on the spot proof of lawful use of vehicles registered in another Member State at a police check
Request for a preliminary ruling from the Szombathelyi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Seventh Chamber) of 29 October 2015
ECLI:EU:C:2015:737 |
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Information (on unpublished decisions)
Case C-592/13 Ministero dell'Ambiente e della Tutela del Territorio e del Mare and Others v Ediltecnica
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Article 191(2) TFEU — Directive 2004/35/EC — Environmental liability — National legislation under which no provision is made for the administrative authorities to require owners of polluted land who have not contributed to that pollution to carry out preventive and remedial measures, and the sole obligation imposed concerns the reimbursement of the measures undertaken by those authorities — Whether compatible with the ‘polluter pays’ principle, the precautionary principle and the principles that preventive action should be taken and that environmental damage should be rectified at source as a matter of priority)
Case C-156/14 Tamoil Italia v Ministero dell'Ambiente e della Tutela del Territorio e del Mare
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Article 191(2) TFEU — Directive 2004/35/EC — Environmental liability — National legislation under which no provision is made for the administrative authorities to require owners of polluted land who have not contributed to that pollution to carry out preventive and remedial measures, and the sole obligation imposed concerns the reimbursement of the measures undertaken by those authorities — Whether compatible with the ‘polluter pays’ principle, the precautionary principle and the principles that preventive action should be taken and that environmental damage should be rectified at source as a matter of priority)
Case C-519/14 P Schutzgemeinschaft Milch und Milcherzeugnisse v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Agriculture — Regulation (EC) No 510/2006 — Register of protected designations of origin and protected geographical indications — Registration of the designation ‘Gouda Holland’ — Producers using the name ‘Gouda’ — Absence of a legal interest in bringing proceedings
Case C-181/15 P Marpefa v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court — Lodging a procedural document — Original bearing a handwritten signature — Period allowed for commencing proceedings — Delay — Appeal manifestly unfounded
Case C-385/15 P(I) Metalleftiki kai Etairia Larymnis Larko v Larko and Commission
Appeal — Intervention — Creditor of a main party — No interest in the result of the case)
Case C-167/14 Commission v Greece
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Financial penalties — Lump sum payment and penalty payment
Case C-270/14 P Debonair Trading Internacional v OHIM
Appeal — Community trade mark — Regulation No 40/94 — Article 8(1)(b) — Application for Community word mark SÔ:UNIC — Earlier national and Community word marks SO…?, SO…? ONE, SO…? CHIC — Relative grounds for refusal — Likelihood of confusion — Family of marks
Case C-581/14 Naderhirn v Jungwirth u. Fabian and Others
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Principle of sincere cooperation — Article 267 TFEU — Obligation to comply with the instructions of a higher court)
Case C-33/15 P Cantina Broglie 1 v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Word mark ZENATO RIPASSA — Opposition from the proprietor of the national word mark RIPASSO — Likelihood of confusion — Regulation (EC) No 40/94 — Article 8(1)(b)
Case C-34/15 P Cantina Broglie 1 v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court — Community trade mark — Figurative mark containing the word elements ‘ripassa zenato’ — Opposition from the proprietor of the national word mark RIPASSO — Likelihood of confusion — Regulation (EC) No 40/94 — Article 8(1)(b)
Case C-93/15 P Banco Privado Português and Massa Insolvente do Banco Privado Português v Commission
Appeal — Aid granted by the Republic of Portugal in favour of a financial institution in the form of a State guarantee underwriting a loan — Decision declaring the State aid to be incompatible with the internal market — Article 107(1) TFEU — Article 107(3)(b) TFEU — Appeal manifestly inadmissible and manifestly unfounded)
Case C-120/15 Kovozber v Daňový úrad Košice
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Value added tax (VAT) — Directive 2006/112/EC — Article 183 — Refund of excess VAT — National legislation prescribing that default interest relating to the refund of excess VAT is to be calculated only as from ten days after completion of a tax inspection
Case C-530/14 P Commission v Greece
Appeal — State aid — Greek casinos — System providing for a levy of 80 % of the admissions of different amounts — Decision declaring the aid to be incompatible with the internal market — Notion of ‘State aid’ — Advantage — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Case C-152/15 Cruz & Companhia v IFAP and Caixa Central
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Agriculture — Common organisation of the markets — Regulation (EEC) No 3665/87 — Articles 4(1) and 13 — Regulation (EEC) No 2220/85 — Article 19(1)(a) — Conditions for the release of the guarantee provided to ensure the repayment of the advance — Conditions for the grant of the refund — Sound and fair marketable quality of the products exported — Taking into account, for the grant of the refund, the facts established by the competent authority following an inspection which took place after the actual export and customs clearance of the products — Interpretation of the judgment in Cruz & Companhia (C‑128/13, EU:C:2014:2432)
Case C-17/15 P Popp and Zech v OHIM
Appeal — Community trade mark — Word mark MB — Application for registration — Earlier Community figurative mark MB́&P — Relative grounds for refusal — Likelihood of confusion
Case C-589/14 Commission v Belgium
Failure of a Member State to fulfil obligations — Freedom to provide services — Free movement of capital — Interest payable on unsecured debts — Withholding tax — Investment companies in receipt of such interest established in Belgium — Investment companies in receipt of such interest established in another Member State or in a third State party to the EEA Agreement — Difference in treatment — Burden of proof — Interest payable on debts backed by Belgian securities — Imposition of such interest where the securities are deposited or registered in an account in a financial institution established in another Member State of the European Union or a third State party to the EEA Agreement — Exemption where the securities are deposited or registered in an account in a financial institution established in Belgium
Case C-425/15 Voigt v President of the Parliament and Parliament
Action for annulment — Article 53(2) of the Rules of Procedure of the Court of Justice — Article 54, second paragraph, of the Statute of the Court of Justice — Refusal to make available to the applicant, a member of the European Parliament, Parliament premises for the purposes of hosting a delegation comprising two Russian citizens, inter alia, for a press conference — Prohibition on the Russian citizens on the list of participants of the meeting from entering European Parliament premises — Manifest lack of jurisdiction — Referral back to the General Court of the European Union
November 2015
Case C-219/14 Greenfield v The Care Bureau
Reference for a preliminary ruling — Social policy — Framework Agreement on part-time work — Organisation of working time — Directive 2003/88/EC — Right to paid annual leave — Calculation of entitlement to leave in the event of an increase in working time — Interpretation of the pro rata temporis principle
Request for a preliminary ruling from the Employment Tribunal Birmingham
Language of the case: English
| Summary |
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Judgment of the Court (Sixth Chamber) of 11 November 2015
ECLI:EU:C:2015:745 |
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Case C-223/14 Tecom Mican and Arias Domínguez
Reference for a preliminary ruling — Judicial cooperation in civil matters — Service of judicial and extrajudicial documents — Concept of an ‘extrajudicial document’ — Private documents — Cross-border implications — Functioning of the internal market
Request for a preliminary ruling from the Juzgado de Primera Instancia de Las Palmas de Gran Canaria
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Bot delivered on 4 June 2015
ECLI:EU:C:2015:364 |
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Judgment of the Court (First Chamber) of 11 November 2015
ECLI:EU:C:2015:744 |
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Case C-422/14 Pujante Rivera v Gestora Clubs Dir and Fondo de Garantía Salarial
Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — Article 1(1)(a), first subparagraph — Concept of workers ‘normally employed’ at the establishment concerned — Article 1(1), second subparagraph — Concepts of ‘redundancy’ and ‘terminations of employment contracts that may be assimilated to redundancies’ — Method of calculating the number of workers made redundant
Request for a preliminary ruling from the Juzgado de lo Social n° 33 de Barcelona
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Kokott delivered on 3 September 2015
ECLI:EU:C:2015:544 |
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Judgment of the Court (First Chamber) of 11 November 2015
ECLI:EU:C:2015:743 |
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Case C-505/14 Klausner Holz Niedersachsen v Land Nordrhein-Westfalen
Reference for a preliminary ruling — Articles 107 TFEU and 108 TFEU — State aid — Aid granted in breach of Article 108(3) TFEU — Decision of a Member State court establishing the validity of the contract granting that aid — Res judicata — Interpretation in conformity with EU law — Principle of effectiveness
Request for a preliminary ruling from the Landgericht Münster
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber) of 11 November 2015
ECLI:EU:C:2015:742 |
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Case C-439/13 P Elitaliana v Eulex Kosovo
Appeal — Public service contracts — Joint Action 2008/124/CFSP — Call for tenders for helicopter support for the Eulex Mission in Kosovo — Action brought against the decision awarding the contract — Article 24(1), second subparagraph, TEU — Article 275, first paragraph, TFEU — Common foreign and security policy (CFSP) — Jurisdiction of the Court — Article 263, first paragraph, TFEU — Meaning of ‘bodies, offices or agencies of the Union’ — Measures attributable to the European Commission — Excusable error
Language of the case: Italian
| Summary |
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Opinion of Advocate General Jääskinen delivered on 4 December 2014
ECLI:EU:C:2014:2416 |
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Opinion of Advocate General Jääskinen delivered on 21 May 2015
ECLI:EU:C:2015:341 |
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Judgment of the Court (Fifth Chamber) of 12 November 2015
ECLI:EU:C:2015:753 |
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Case C-572/13 Hewlett-Packard Belgium v Reprobel
Reference for a preliminary ruling — Approximation of laws — Intellectual property — Copyright and related rights — Directive 2001/29/EC — Exclusive reproduction right — Exceptions and limitations — Article 5(2)(a) and (b) — Reprography exception — Private copying exception — Requirement for consistent application of exceptions — Concept of ‘fair compensation’ — Recovery of remuneration as fair compensation for multifunction printers — Proportional remunerative payment — Lump-sum remunerative payment — Accumulation of lump-sum and proportional remunerative payments — Method of calculation — Recipients of fair compensation — Authors and publishers — Sheet music
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 11 June 2015
ECLI:EU:C:2015:389 |
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Judgment of the Court (Fourth Chamber) of 12 November 2015
ECLI:EU:C:2015:750 |
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Case C-103/14 Jakutis and Kretingalės kooperatinė ŽŪB v Nacionalinė mokėjimo agentūra prie Žemės ūkio ministerijos and Lietuvos valstybė
Reference for a preliminary ruling — Agriculture — Regulation (EC) No 73/2009 — Articles 7(1), 10(1), 121 and 132(2) — Acts implementing that regulation — Validity, in the light the TFEU Treaty, the 2003 Act of Accession and the principles of non-discrimination, legal certainty, the protection of legitimate expectations and sound administration — Modulation of direct payments granted to farmers — Reduction of the amounts — Level of direct payments applicable in the Member States of the European Community as constituted on 30 April 2004 and in the Member States that joined it on 1 May 2004 — No publication and no statement of reasons
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Wahl delivered on 4 June 2015
ECLI:EU:C:2015:368 |
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Judgment of the Court (Fourth Chamber) of 12 November 2015
ECLI:EU:C:2015:752 |
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Case C-121/14 United Kingdom v Parliament and Council
Action for annulment — Regulation (EU) No 1316/2013 establishing the Connecting Europe Facility — Projects of common interest which relate to the territory of a Member State — Approval of that State — Extension of a rail freight corridor — Legal basis — Article 171 TFEU and second paragraph of Article 172 TFEU
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 3 September 2015
ECLI:EU:C:2015:526 |
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Judgment of the Court (Second Chamber) of 12 November 2015
ECLI:EU:C:2015:749 |
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Case C-198/14 Visnapuu v Kihlakunnansyyttäjä and Suomen valtio
Reference for a preliminary ruling — Articles 34 TFEU and 110 TFEU — Directive 94/62/EC — Articles 1(1), 7 and 15 — Distance selling and transport of alcoholic beverages from another Member State — Excise duty on certain beverage packaging — Exemption where packaging is integrated into a deposit and return system — Articles 34 TFEU, 36 TFEU and 37 TFEU — Requirement of a licence for the retail sale of alcoholic beverages — Monopoly on the retail sale of alcoholic beverages — Justification — Protection of health
Request for a preliminary ruling from the Helsingin hovioikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Bot delivered on 9 July 2015
ECLI:EU:C:2015:463 |
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Judgment of the Court (Fifth Chamber) of 12 November 2015
ECLI:EU:C:2015:751 |
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Case C-115/14 RegioPost v Stadt Landau in der Pfalz
Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Restrictions — Directive 96/71/EC — Article 3(1) — Directive 2004/18/EC — Article 26 — Public procurement — Postal services — Legislation of a regional entity of a Member State requiring tenderers and their subcontractors to undertake to pay a minimum wage to staff performing the services covered by the public contract
Request for a preliminary ruling from the Oberlandesgericht Koblenz
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 9 September 2015
ECLI:EU:C:2015:566 |
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Judgment of the Court (Fourth Chamber) of 17 November 2015
ECLI:EU:C:2015:760 |
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Case C-137/15 Plaza Bravo v Servicio Público de Empleo Estatal Dirección Provincial de Álava
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Directive 79/7/EEC — Article 4(1) — Equal treatment of male and female workers — Part-time workers, primarily female — National legislation providing for a maximum amount of unemployment benefit — Legislation referring, for the purposes of the calculation of that amount, to the relationship between the working hours of the part-time employees concerned and the working hours of full-time employees
Request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco
Language of the case: Spanish
| Summary |
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Order of the Court (Seventh Chamber) of 17 November 2015
ECLI:EU:C:2015:771 |
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Case C-632/13 Skatteverket v Hirvonen
Reference for a preliminary ruling — Freedom of movement for persons — Equal treatment — Income tax — Revenue of non-resident taxpayers subject to taxation at source — Exclusion of any tax deduction related to the taxpayer’s personal circumstances — Justification — Possibility for non-resident taxpayers to opt for the regime applicable to resident taxpayers and to benefit from the relevant tax deductions
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
| Summary |
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Judgment of the Court (Sixth Chamber) of 19 November 2015
ECLI:EU:C:2015:765 |
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Case C-241/14 Bukovansky v Finanzamt Lörrach
Reference for a preliminary ruling — Taxation — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Relationship between that agreement and bilateral agreements on double taxation — Equal treatment — Discrimination on grounds of nationality — National of a Member State of the European Union — Frontier workers — Income tax — Allocation of fiscal sovereignty — Connecting factor for tax purposes — Nationality
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 30 April 2015
ECLI:EU:C:2015:296 |
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Judgment of the Court (Third Chamber) of 19 November 2015
ECLI:EU:C:2015:766 |
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Case C-325/14 SBS Belgium v SABAM
Reference for a preliminary ruling — Directive 2001/29/EC — Article 3(1) — Communication to the public — Definition of ‘communication’ and ‘public’ — Distribution of television programmes — Process known as ‘direct injection’
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
| Summary |
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Judgment of the Court (Ninth Chamber) of 19 November 2015
ECLI:EU:C:2015:764 |
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Case C-74/15 Tarcău v Banca Comercială Intesa Sanpaolo România and Others
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Consumer protection — Directive 93/13/EEC — Article 1(1) and Article 2(b) — Unfair terms in consumer contracts — Contracts of guarantee or providing security concluded with a credit institution by natural persons acting for purposes outside their trade, business or profession and not having any link of a functional nature with the commercial company in respect of which they act as guarantors or sureties
Request for a preliminary ruling from the Curtea de Apel Oradea
Language of the case: Romanian
| Summary |
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Order of the Court (Sixth Chamber) of 19 November 2015
ECLI:EU:C:2015:772 |
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Case C-455/15 PPU P v Q
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 23(a) — Grounds of non-recognition of judgments in matters of parental responsibility — Public policy
Request for a preliminary ruling from the Varbergs tingsrätt
Language of the case: Swedish
| Summary |
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View of Advocate General Wathelet delivered on 29 October 2015
ECLI:EU:C:2015:770 |
|
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Judgment of the Court (Fourth Chamber) of 19 November 2015
ECLI:EU:C:2015:763 |
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Case C-166/14 MedEval
Reference for a preliminary ruling — Public procurement — Directive 89/665/EEC — Principles of effectiveness and equivalence — Review procedures concerning the award of public contracts — Period allowed for commencing proceedings — National legislation making an action for damages subject to a precondition that the procedure be declared unlawful — Limitation period which starts to run irrespective of the applicant’s knowledge of the unlawfulness
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Kokott delivered on 21 May 2015
ECLI:EU:C:2015:348 |
|
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Judgment of the Court (Fifth Chamber) of 26 November 2015
ECLI:EU:C:2015:779 |
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Case C-326/14 Verein für Konsumenteninformation v A1 Telekom Austria
Reference for a preliminary ruling — Directive 2002/22/EC — Electronic communications networks and services — Users’ rights — Right of subscribers to terminate their contract without penalty — Changes to charges under terms of the contract — Increase in charges in line with increase in the consumer price index
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 9 July 2015
ECLI:EU:C:2015:462 |
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Judgment of the Court (Fourth Chamber) of 26 November 2015
ECLI:EU:C:2015:782 |
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Case C-345/14 Maxima Latvija v Konkurences padome
Reference for a preliminary ruling — Competition — Article 101(1) TFEU — Application of analogous national legislation — Jurisdiction of the Court — Concept of ‘agreement having as its object the restriction of competition’ — Commercial lease agreements — Shopping centres — Right of the anchor tenant to prevent the lessor letting commercial premises to third parties
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
| Summary |
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Judgment of the Court (Fourth Chamber) of 26 November 2015
ECLI:EU:C:2015:784 |
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Case C-487/14 Total Waste Recycling v Országos Környezetvédelmi és Természetvédelmi Főfelügyelőség
Reference for a preliminary ruling — Environment — Waste — Shipments — Regulation (EC) No 1013/2006 — Shipments within the European Union — Point of entry different from that specified in the notification and in the prior consent — Essential change to the details of a shipment of waste — Shipments — Proportionality of the administrative fine
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Seventh Chamber) of 26 November 2015
ECLI:EU:C:2015:780 |
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Case C-509/14 ADIF v Aira Pascual and Others
Reference for a preliminary ruling — Directive 2001/23/EC — Article 1(1) — Transfers of undertakings — Safeguarding of employees’ rights — Obligation on the transferee to take on workers — Public undertaking responsible for a public service — Provision of the service by another undertaking pursuant to a public service operating agreement — Decision not to extend that agreement following its expiry — Retention of identity of the economic entity — Activity based essentially on equipment — Employees not taken on
Request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco
Language of the case: Spanish
| Summary |
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Judgment of the Court (Sixth Chamber) of 26 November 2015
ECLI:EU:C:2015:781 |
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Case C-44/15 HZA Frankfurt am Main v Duval
Reference for a preliminary ruling — Customs union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Position 9025 — Concept of ‘thermometer’ — Indicators of exposure to a predetermined target temperature to be used on one occasion only
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber) of 26 November 2015
ECLI:EU:C:2015:783 |
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Information (on unpublished decisions)
Case C-190/15 P Fetim v OHIM
Appeal — Community trade mark — Figurative mark including the word elements ‘Solidfloor The professional’s choice’ — Opposition by the proprietor of the national figurative mark, trade name and domain name including the word elements ‘SOLID floor’ — Refusal to register by the Board of Appeal — Likelihood of confusion — Regulation (EC) No 207/2009 — Article 8(1)(b) — Weak distinctive character of earlier trade mark
Case C-206/15 P Sun Mark and Bulldog Energy Drink v Red Bull
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Appeal brought by the ‘other party to the proceedings before the Board of Appeal’ who failed to lodge a response before the General Court — No status as intervener before the General Court — Appeal manifestly inadmissible
December 2015
Joined Cases C-124/13 and C-125/13 Parliament and Commission v Council
Actions for annulment — Regulation (EU) No 1243/2012 — Choice of legal basis — Article 43(2) and (3) TFEU — Policy decision — Long-term plan for cod stocks
Language of the case: English
| Summary |
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Opinion of Advocate General Wahl delivered on 21 May 2015
ECLI:EU:C:2015:337 |
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Judgment of the Court (Grand Chamber) of 1 December 2015
ECLI:EU:C:2015:790 |
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Case C-280/14 P Italy v Commission
Appeal — Regional policy — Regional operational programme (ROP) Puglia (Italy) covered by objective No 1 (2000-2006) — Reduction of the Community financial assistance initially granted by the European Regional Development Fund
Language of the case: Italian
| Summary |
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Judgment of the Court (Fifth Chamber) of 3 December 2015
ECLI:EU:C:2015:792 |
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Case C-301/14 Pfotenhilfe-Ungarn v Ministerium für Energiewende, Landwirtschaft, Umwelt und ländliche Räume des Landes Schleswig-Holstein
Reference for a preliminary ruling — Regulation (EC) No 1/2005 — Article 1(5) — Protection of animals during transport — Transport of stray dogs from one Member State to another by an animal protection association — Concept of ‘economic activity’ — Directive 90/425/EEC — Article 12 — Concept of ‘dealers engaging in intra-Community trade’
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 10 September 2015
ECLI:EU:C:2015:589 |
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Judgment of the Court (Fourth Chamber) of 3 December 2015
ECLI:EU:C:2015:793 |
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Case C-312/14 Banif Plus Bank v Lantos
References for a preliminary ruling — Directive 2004/39/EC — Articles 4(1) and 19(4), (5) and (9) — Markets in financial instruments — Concept of ‘investment services and activities’ — Provisions to ensure investor protection — Conduct of business obligations when providing investment services to clients ‐ Obligation to assess the suitability or appropriateness of the service to be provided — Contractual consequences of non-compliance with that obligation — Consumer credit contracts — Foreign currency denominated loan — Advancement and reimbursement of loan in domestic currency — Terms relating to the exchange rate
Request for a preliminary ruling from the Ráckevei Járásbíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Jääskinen delivered on 17 September 2015
ECLI:EU:C:2015:621 |
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Judgment of the Court (Fourth Chamber) of 3 December 2015
ECLI:EU:C:2015:794 |
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Case C-338/14 Quenon K. v Beobank and Metlife Insurance
Reference for a preliminary ruling — Self-employed commercial agents — Directive 86/653/EEC — Article 17(2) — Termination of the agency contract by the principal — Compensation of the agent– Prohibition of the simultaneous operation of the indemnity for customers scheme and compensation for damage scheme — Entitlement of the agent to damages additional to the indemnity for customers — Conditions
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
| Summary |
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Opinion of Advocate General Wahl delivered on 16 July 2015
ECLI:EU:C:2015:503 |
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Judgment of the Court (Fourth Chamber) of 3 December 2015
ECLI:EU:C:2015:795 |
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Case C-595/13 Staatssecretaris van Financiën v Fiscale Eenheid X
Reference for a preliminary ruling — Sixth VAT Directive — Exemptions — Article 13B(d)(6) — Special investment funds — Meaning — Investments in immovable property — Management of special investment funds — Meaning — Actual management of a property
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 20 May 2015
ECLI:EU:C:2015:327 |
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Judgment of the Court (Fifth Chamber) of 9 December 2015
ECLI:EU:C:2015:801 |
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Case C-350/14 Lazar v Allianz
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 864/2007 — Article 4(1) — Concepts of ‘country in which the damage occurs’, ‘damage’ and ‘indirect consequences of the tort or delict’ — Damage sustained personally by a family member of a person who died as a result of a road traffic accident — Applicable law
Request for a preliminary ruling from the Tribunale di Trieste
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wahl delivered on 10 September 2015
ECLI:EU:C:2015:586 |
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Judgment of the Court (Fourth Chamber) of 10 December 2015
ECLI:EU:C:2015:802 |
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Case C-427/14 Valsts ieņēmumu dienests v Veloserviss
Reference for a preliminary ruling — Community Customs Code — Post-clearance examination of declarations — Principle of the protection of legitimate expectations — National rules placing restrictions on re-examination of the results of a post-clearance examination — Powers — Decision on the first post-clearance examination — Incorrect or incomplete information not known on the date of the decision
Request for a preliminary ruling from the Augstākā Tiesa
Language of the case: Latvian
| Summary |
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Judgment of the Court (First Chamber) of 10 December 2015
ECLI:EU:C:2015:803 |
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Case C-594/14 Kornhaas v Dithmar
Reference for a preliminary ruling — Area of freedom, security and justice — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 4(1) — Determination of the applicable law — Legislation of a Member State laying down the obligation for a managing director of a company to reimburse that company for the payments made after it had become insolvent — Application of that legislation to a company established in another Member State — Articles 49 TFEU and 54 TFEU — Restriction on the freedom of establishment — None
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 10 December 2015
ECLI:EU:C:2015:806 |
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Case C-603/14 P El Corte Inglés v OHIM
Appeal — Community trade mark — Application for the word mark The English Cut — Opposition by the proprietor of the national and Community word and figurative marks including the word elements ‘El Corte Inglés’ — Regulation (EC) No 207/2009 — Article 8(1)(b) — Likelihood of confusion — Article 8(5) — Risk that the relevant public will make a connection with a trade mark which has a reputation — Degree of similarity required
Language of the case: Spanish
| Summary |
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Judgment of the Court (Ninth Chamber) of 10 December 2015
ECLI:EU:C:2015:807 |
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Case C-183/15 TSI v Hauptzollamt Aachen
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Sub-heading 9027 10 10 — Ultraviolet aerodynamic particle sizer spectrometers — Handheld particle counters
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
| Summary |
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Judgment of the Court (Seventh Chamber) of 10 December 2015
ECLI:EU:C:2015:808 |
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Joined Cases C-132/14 to C-136/14 Parliament and Commission v Council
Actions for annulment — Regulation (EU) No 1385/2013 — Directive 2013/62/EU — Directive 2013/64/EU — Legal basis — Article 349 TFEU — Outermost regions of the European Union — Amendment of the status of Mayotte with regard to the European Union
Language of the case: French
| Summary |
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Opinion of Advocate General Wahl delivered on 25 June 2015
ECLI:EU:C:2015:425 |
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Judgment of the Court (Grand Chamber) of 15 December 2015
ECLI:EU:C:2015:813 |
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Case C-454/13 Proximus v Commune d'Etterbeek
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/20/EC — Articles 12 and 13 — Administrative charges — Fee for rights to install facilities — Scope — Municipal legislation — Charge on mobile telephony antennae
Request for a preliminary ruling from the Tribunal de première instance de Bruxelles
Language of the case: French
| Summary |
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Judgment of the Court (Third Chamber) of 17 December 2015
ECLI:EU:C:2015:819 |
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Case C-517/13 Proximus v Province de Namur
Reference for a preliminary ruling — Electronic communications networks and services — Directive 97/13/EC — Articles 4 and 11 — Directive 2002/20/EC — Article 6 — Conditions which may be attached to the general authorisation and to the rights of use for radio frequencies and numbers, and specific obligations — Article 13 — Fee for the rights to install facilities — Scope — Provincial legislation — Charge on mobile telephony network transmission and reception pylons and/or units
Request for a preliminary ruling from the Tribunal de première instance de Namur
Language of the case: French
| Summary |
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Judgment of the Court (Third Chamber) of 17 December 2015
ECLI:EU:C:2015:820 |
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Joined Cases C-25/14 and C-26/14 UNIS v Ministre du Travail, de l’Emploi et de la Formation professionnelle et du Dialogue social et SNRT and Others and Beaudout Père et Fils v Ministre du Travail, de l’Emploi et de la Formation professionnelle et du Dialogue social and Others
Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Principles of equality and of non-discrimination — Obligation of transparency — Scope of that obligation — National collective agreements — Social protection scheme supplemental to the general scheme — Appointment by the social partners of an insurer responsible for managing that scheme — Extension of that scheme by ministerial order to all employees and employers of the sector concerned — Limitation of the temporal effects of a preliminary ruling of the Court of Justice
Requests for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Jääskinen delivered on 19 March 2015
ECLI:EU:C:2015:191 |
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Judgment of the Court (Fifth Chamber) of 17 December 2015
ECLI:EU:C:2015:821 |
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Case C-157/14 Neptune Distribution v Ministre de l'Économie et des Finances
Reference for a preliminary ruling — Regulation (EC) No 1924/2006 — Directive 2009/54/EC — Articles 11(1) and 16 of the Charter of Fundamental Rights of the European Union — Consumer protection — Nutrition and health claims — Natural mineral waters — Sodium/salt content — Calculation — Sodium chloride (table salt) or total amount of sodium — Freedom of expression and information — Freedom to conduct a business
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Jääskinen delivered on 9 July 2015
ECLI:EU:C:2015:460 |
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Judgment of the Court (Fourth Chamber) of 17 December 2015
ECLI:EU:C:2015:823 |
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Case C-239/14 Tall v CPAS de Huy
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2005/85/EC — Minimum standards on procedures in Member States for granting and withdrawing refugee status — Article 39 — Right to an effective remedy — Multiple asylum claims — Non-suspensory effect of an appeal against a decision of the competent national authority not to further examine a subsequent application for asylum — Social protection — Charter of Fundamental Rights of the European Union — Article 19(2) — Article 47
Request for a preliminary ruling from the Tribunal du travail de Liège
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 3 September 2015
ECLI:EU:C:2015:531 |
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Judgment of the Court (Fourth Chamber) of 17 December 2015
ECLI:EU:C:2015:824 |
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Case C-300/14 Imtech Marine Belgium v Radio Hellenic
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 805/2004 — European Enforcement Order for uncontested claims — Conditions for certification — Rights of the debtor — Review of the judgment
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 8 September 2015
ECLI:EU:C:2015:557 |
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Judgment of the Court (Fourth Chamber) of 17 December 2015
ECLI:EU:C:2015:825 |
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Case C-330/14 Szemerey v Miniszterelnökséget vezető miniszter
Reference for a preliminary ruling — Common agricultural policy — Rural development support measures — Agri-environmental payments — Regulation (EC) No 1122/2009 — Articles 23 and 58 — Regulation (EC) No 1698/2005 — Regulation (EC) No 1975/2006 — Aid in respect of the cultivation of a rare plant species — Application for payment — Contents — Certificate requirement — Penalties for non-presentation
Request for a preliminary ruling from the Gyulai Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Wahl delivered on 16 September 2015
ECLI:EU:C:2015:605 |
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Judgment of the Court (Fourth Chamber) of 17 December 2015
ECLI:EU:C:2015:826 |
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Case C-342/14 X-Steuerberatungsgesellschaft v Finanzamt Hannover-Nord
Reference for a preliminary ruling — Recognition of professional qualifications — Directive 2005/36/EC — Article 5 — Freedom to provide services — Directive 2006/123/EC — Articles 16 and 17(6) — Article 56 TFEU — Tax consultancy company established in a Member State and providing services in another Member State — Legislation of a Member State requiring the registration and recognition of tax consultancy companies
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 1 October 2015
ECLI:EU:C:2015:646 |
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Judgment of the Court (Fourth Chamber) of 17 December 2015
ECLI:EU:C:2015:827 |
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Case C-371/14 APEX v Hauptzollamt Hamburg-Stadt
Reference for a preliminary ruling — Commercial policy — Dumping — Gas-fuelled, non-refillable pocket flint lighters — Regulation (EC) No 1225/2009 — Article 11(2) — Expiry — Article 13 — Circumvention — Implementing Regulation (EU) No 260/2013 — Validity — Extension of an anti-dumping duty at a date on which the regulation which imposed it is no longer in force — Change in the pattern of trade
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 16 July 2015
ECLI:EU:C:2015:507 |
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Judgment of the Court (Fourth Chamber) of 17 December 2015
ECLI:EU:C:2015:828 |
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Case C-388/14 Timac Agro Deutschland v Finanzamt Sankt Augustin
Reference for a preliminary ruling — Tax legislation — Corporation tax — Freedom of establishment — Non-resident permanent establishment — Avoidance of double taxation by exemption of the income of the non-resident permanent establishment — Taking account of losses incurred by that permanent establishment — Reincorporation of the losses deducted previously in the event that the non-resident establishment is transferred — Definitive losses
Request for a preliminary ruling from the Finanzgericht Köln
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 3 September 2015
ECLI:EU:C:2015:533 |
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Judgment of the Court (Third Chamber) of 17 December 2015
ECLI:EU:C:2015:829 |
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Case C-402/14 Viamar v Elliniko Dimosio
References for a preliminary ruling — Free movement of goods — Tax provisions — Internal taxation — Customs duties of a fiscal nature — Charges having equivalent effect — Formalities connected with the crossing of frontiers — Article 30 TFEU — Article 110 TFEU — Directive 92/12/EEC — Article 3(3) — Directive 2008/118/EC — Article 1(3) — Not implemented in domestic law — Direct effect — Levying of a tax on motor vehicles at the time of their import into the territory of a Member State — Tax linked to registration and potential putting into circulation of the vehicle — Refusal to refund the tax where the vehicle is not registered
Request for a preliminary ruling from the Dioikitiko Efeteio Athinon
Language of the case: Greek
| Summary |
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Judgment of the Court (Third Chamber) of 17 December 2015
ECLI:EU:C:2015:830 |
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Case C-407/14 Arjona Camacho v Securitas Seguridad España
Reference for a preliminary ruling — Social policy — Directive 2006/54/EC — Equal treatment of men and women in matters of employment and occupation — Discriminatory dismissal — Article 18 — Compensation or reparation for the loss and damage actually sustained — Deterrent effect — Article 25 — Penalties — Punitive damages
Request for a preliminary ruling from the Juzgado de lo Social
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 3 September 2015
ECLI:EU:C:2015:534 |
|
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Judgment of the Court (Fourth Chamber) of 17 December 2015
ECLI:EU:C:2015:831 |
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Case C-419/14 WebMindLicenses v Nemzeti Adó- és Vámhivatal Kiemelt Adó- és Vám Főigazgatóság
Reference for a preliminary ruling — Value added tax — Directive 2006/112/EC — Articles 2, 24, 43, 250 and 273 — Place of supply of electronically supplied services — Artificial fixing of that place by means of an arrangement not reflecting economic reality — Abuse of rights — Regulation (EU) No 904/2010 — Charter of Fundamental Rights of the European Union — Articles 7, 8, 41, 47, 48, 51(1) and 52(1) and (3) — Rights of the defence — Right to be heard — Use by the tax authorities of evidence obtained without the taxable person’s knowledge in the context of a parallel criminal procedure that has not been concluded — Interception of telecommunications and seizure of emails
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Wathelet delivered on 16 September 2015
ECLI:EU:C:2015:606 |
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Judgment of the Court (Third Chamber) of 17 December 2015
ECLI:EU:C:2015:832 |
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Case C-580/14 Bitter v Bundesrepublik Deutschland
Reference for a preliminary ruling — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Excess emissions penalty — Proportionality
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
| Summary |
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Order of the Court (Sixth Chamber) of 17 December 2015
ECLI:EU:C:2015:835 |
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Case C-605/14 Komu and Others v Komu and Komu
Reference for a preliminary ruling — Regulation (EC) No 44/2001 — Scope — Exclusive jurisdiction — Article 22(1) — Proceedings concerning rights in rem in immovable property — Concept — Action to terminate, by way of sale, the co-ownership in undivided shares of immovable property
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
| Summary |
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Judgment of the Court (Seventh Chamber) of 17 December 2015
ECLI:EU:C:2015:833 |
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Case C-250/14 Air France-KLM and Hop!-Brit Air v Ministère des Finances et des Comptes Publics
Value added tax — Chargeable event and chargeability — Air transport — Ticket purchased but not used — Provision of the transport service — Issue of the ticket — Time of payment of the tax
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Judgment of the Court (First Chamber) of 23 December 2015
ECLI:EU:C:2015:841 |
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Case C-293/14 Hiebler v Schlagbauer
Reference for a preliminary ruling — Directive 2006/123/EC — Scope ratione materiae — Activities which are connected with the exercise of official authority — The trade of chimney sweep — Fire safety regulation tasks — Territorial restriction of the licence to trade — Service of general economic interest — Necessity — Proportionality
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 16 July 2015
ECLI:EU:C:2015:472 |
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Judgment of the Court (First Chamber) of 23 December 2015
ECLI:EU:C:2015:843 |
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Case C-297/14 Hobohm v Kampik and Mar Mediterraneo
Reference for a preliminary ruling — Judicial cooperation in civil and commercial matters — Regulation (EC) No 44/2001 — Jurisdiction in respect of consumer contracts — Articles 15(1)(c) and 16(1) — Meaning of a commercial or professional activity ‘directed to’ the Member State of the consumer’s domicile — Transaction-management contract designed to achieve the economic objective pursued by means of a brokerage contract concluded beforehand in the course of a commercial or professional activity ‘directed to’ the Member State of the consumer’s domicile — Close link
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 8 September 2015
ECLI:EU:C:2015:556 |
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Judgment of the Court (Fourth Chamber) of 23 December 2015
ECLI:EU:C:2015:844 |
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Case C-333/14 Scotch Whisky Association and Others v The Lord Advocate and The Advocate General for Scotland
Reference for a preliminary ruling — Common organisation of the markets in agricultural products — Regulation (EU) No 1308/2013 — Free movement of goods — Article 34 TFEU ‐ Quantitative restrictions — Measures having equivalent effect — Minimum price of alcoholic drinks calculated according to the alcoholic strength of the product — Justification — Article 36 TFEU ‐ Protection of human life and health — Assessment by the national court
Request for a preliminary ruling from the Court of Session (Scotland)
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 3 September 2015
ECLI:EU:C:2015:527 |
|
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Judgment of the Court (Second Chamber) of 23 December 2015
ECLI:EU:C:2015:845 |
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Case C-595/14 Parliament v Council
Actions for annulment — Replacement of the contested decision in the course of the proceedings — Purpose of the action — Police and judicial cooperation in criminal matters — New psychoactive substance subjected to control measures — Legal framework applicable after the entry into force of the Treaty of Lisbon — Transitional provisions — Consultation of the European Parliament
Language of the case: French
| Summary |
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Judgment of the Court (Third Chamber) of 23 December 2015
ECLI:EU:C:2015:847 |
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Information (on unpublished decisions)
Case C-545/14 P Georgias and Others v Council and Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for damages — Restrictive measures against certain persons and entities in view of the situation in Zimbabwe — Removal of the person in question from the list of persons and entities concerned — Compensation for the damage allegedly suffered
Case C-29/15 P Verband der Kölnisch-Wasser Hersteller, Köln v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Regulation (EC) No 207/2009 — Article 7(1)(c) — Article 66(2) — Word mark Original Eau de Cologne — Refusal of registration
Case C-82/15 P PP Nature-Balance Lizenz v Commission
Appeal — Medicinal products for human use — Directive 2001/83/EC — Articles 31 and 116 — Commission decision ordering the Member States to withdraw or amend national marketing authorisations for medicinal products for human use containing the active substance ‘tolpérisone’
Case C-552/14 P Canon Europa v Commission
Appeal — Customs Union and Common Customs Tariff — Regulation (EU) No 861/2010 — Actions for annulment — Fourth paragraph of Article 263 TFEU — Regulatory act not entailing implementing measures — Release of goods and communication of the amount of the duties — Use of simplified procedures or data-processing techniques
Case C-553/14 P Kyocera Mita Europe v Commission
Appeal — Customs Union and Common Customs Tariff — Regulation (EU) No 861/2010 — Actions for annulment — Fourth paragraph of Article 263 TFEU — Regulatory act not entailing implementing measures — Release of goods and communication of the amount of the duties — Use of simplified procedures or data-processing techniques
Case C-153/15 P NICO v Council
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Restrictive measures taken against Iran — List of persons and entities subject to the freezing of funds and economic resources — Inclusion of the appellant’s name — Admissibility — Period allowed for commencing proceedings — Point from which time starts to run — Manifest inadmissibility
Case C-422/15 P Brás Messias v Portugal
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Essential procedural requirements — Representation by a lawyer — Manifest inadmissibility
Case C-529/14 YARA Brunsbüttel v Hauptzollamt Itzehoe
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Directive 2003/96/EC — Taxation of energy products and electricity — Article 2(4)(b) — Concept of dual use of energy products — Energy product used for the heat treatment of waste and exhaust gases
Joined Cases C-53/15 P to C-56/15 P Moreda-Riviere Trefilerías and Others v Commission
Appeal — Agreements, decisions and concerted practices — European prestressing steel market — Commission decision adjusting the amount of the fines imposed on certain undertakings and fixing a new period for the payment of those fines — Other undertakings whose fines remained unchanged having no interest in bringing proceedings — Article 181 of the Rules of Procedure of the Court of Justice — Appeal manifestly unfounded)
Case C-352/15 P Guja v Poland
Appeal — Action for damages brought against a Member State — Manifest lack of jurisdiction of the General Court of the European Union
Case C-180/14 Commission v Greece
Failure of a Member State to fulfil obligations — Directive 2003/88/EC — Organisation of working time — Daily rest — Weekly rest — Maximum weekly working time
Case C-58/15 Firma Theodor Pfister v Landkreis Main-Spessart
Reference for a preliminary ruling — Agriculture — Health inspections — Official feed and food controls — Financing of controls — Inspection costs relating to slaughter — Regulation (EC) No 882/2004 — Directive 85/73/EEC — Possibility of levying fees covering the actual cost of inspection, exceeding the fees set by that directive
January 2016
Case C-141/14 Commission v Bulgaria
Failure of a Member State to fulfil obligations — Directive 2009/147/EC — Conservation of wild birds — Kaliakra and Belite Skali special protection areas — Directive 92/43/EEC — Conservation of natural habitats and wild species — Kompleks Kaliakra site of Community importance — Directive 2011/92/EU — Assessment of the effects of certain projects on the environment — Temporal applicability of the system of protection — Deterioration of natural habitats of species and disturbance of species — Wind power — Tourism
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Kokott delivered on 3 September 2015
ECLI:EU:C:2015:528 |
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Judgment of the Court (Third Chamber) of 14 January 2016
ECLI:EU:C:2016:8 |
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Case C-163/14 Commission v Belgium
Failure of a Member State to fulfil obligations — Article 343 TFEU — Protocol on the privileges and immunities of the European Union — Article 3 — Tax exemptions — Brussels-Capital Region — Contributions in respect of the supply of electricity and gas
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 2 July 2015
ECLI:EU:C:2015:441 |
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Judgment of the Court (Fifth Chamber) of 14 January 2016
ECLI:EU:C:2016:4 |
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Case C-234/14 Ostas celtnieks v Talsu novada pašvaldība and Iepirkumu uzraudzības birojs
Reference for a preliminary ruling — Public procurement contracts — Directive 2004/18/EC — Economic and financial standing — Technical and/or professional ability — Articles 47(2) and 48(3) — Tender specifications laying down the obligation for a tenderer to conclude a cooperation agreement or to set up a partnership with the entities on whose capacities it relies
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Wathelet delivered on 4 June 2015
ECLI:EU:C:2015:365 |
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Judgment of the Court (First Chamber) of 14 January 2016
ECLI:EU:C:2016:6 |
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Case C-395/14 Vodafone v Bundesrepublik Deutschland
Reference for a preliminary ruling — Common regulatory framework for electronic communications networks and services — Directive 2002/21/EC — Article 7(3) — Procedure for consolidating the internal market for electronic communications — Directive 2002/19/EC — Articles 8 and 13 — Operator designated as having significant market power on a market — Obligations imposed by national regulatory authorities — Price control and cost accounting obligations — Authorisation of mobile call termination fees
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Judgment of the Court (Third Chamber) of 14 January 2016
ECLI:EU:C:2016:9 |
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Case C-399/14 Grüne Liga Sachsen and Others v Freistaat Sachsen
Reference for a preliminary ruling — Directive 92/43/EEC — Article 6(2) to (4) — Site included in the list of sites of Community importance after a project was authorised but before it began to be carried out — Review of the project after the site was included in that list — Rules governing that review — Consequences of the completion of the project for the choice of alternatives
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 24 September 2015
ECLI:EU:C:2015:631 |
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Judgment of the Court (Third Chamber) of 14 January 2016
ECLI:EU:C:2016:10 |
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Case C-517/15 P-R AGC Glass Europe and Others v Commission
Application for interim measures — Appeal — Suspension of operation of a judgment of the General Court of the European Union — Request for confidential treatment of certain information contained in a decision of the European Commission finding an unlawful cartel on the European market for glass for use in motor vehicles — Rejection decision by the Commission and judgment of the General Court dismissing the action for annulment of that decision — Urgency — Serious and irreparable damage — None
Language of the case: English
| Summary |
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Order of the Vice-President of the Court of 14 January 2016
ECLI:EU:C:2016:21 |
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Case C-373/14 P Toshiba Corporation v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 101(1) TFEU — Power transformers market — Oral market-sharing agreement (‘Gentlemen’s Agreement’) — Restriction of competition ‘by object’ — Barriers to entry — Presumption of participation in an unlawful cartel — Fines — Guidelines on the method of setting fines (2006) — Point 18
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 25 June 2015
ECLI:EU:C:2015:427 |
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Judgment of the Court (Second Chamber) of 20 January 2016
ECLI:EU:C:2016:26 |
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Case C-428/14 DHL Express (Italy) and DHL Global Forwarding (Italy) v Autorità Garante della Concorrenza e del mercato
Reference for a preliminary ruling — Competition policy — Article 101 TFEU — Regulation (EC) No 1/2003 — International freight forwarding sector — National competition authorities — Legal status of instruments of the European Competition Network — Model Leniency Programme of that network — Application for immunity submitted to the Commission — Summary application for immunity submitted to national competition authorities — Relationship between those two applications
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wathelet delivered on 10 September 2015
ECLI:EU:C:2015:587 |
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Judgment of the Court (Second Chamber) of 20 January 2016
ECLI:EU:C:2016:27 |
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Case C-603/13 P Galp Energía España and Others v Commission
Appeal — Article 81 EC — Agreements, decisions and concerted practices — Spanish market for penetration bitumen — Market sharing and price coordination — Excessive length of the proceedings before the General Court — Article 261 TFEU — Regulation (EC) No 1/2003 — Article 31 — Unlimited jurisdiction — Article 264 TFEU — Annulment, in whole or in part, of the Commission’s decision
Language of the case: English
| Summary |
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Opinion of Advocate General Jääskinen delivered on 16 July 2015
ECLI:EU:C:2015:482 |
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Order of the Court (Fifth Chamber) of 28 April 2016
ECLI:EU:C:2016:328 |
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Judgment of the Court (Fifth Chamber) of 21 January 2016
ECLI:EU:C:2016:38 |
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Case C-74/14 Eturas and Others v Lietuvos Respublikos konkurencijos taryba
Reference for a preliminary ruling — Competition — Agreements, decisions and concerted practices — Concerted practice — Travel agencies using a common computerised booking system — Automatic restriction of the discount rates available for online bookings — System administrator’s message in relation to that restriction — Tacit agreement capable of being characterised as a concerted practice — Constituent elements of an agreement and of a concerted practice — Assessment of evidence and standard of proof — Procedural autonomy of the Member States — Principle of effectiveness — Presumption of innocence
Reference for a preliminary ruling from Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Szpunar delivered on 16 July 2015
ECLI:EU:C:2015:493 |
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Judgment of the Court (Fifth Chamber) of 21 January 2016
ECLI:EU:C:2016:42 |
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Case C-335/14 Les Jardins de Jouvence v État belge
Reference for a preliminary ruling — Taxation — Value Added Tax — Sixth VAT Directive — Exemptions — Article 13A(1)(g) — Exemption for the supply of services closely linked to welfare and social security work, provided by bodies governed by public law or by other organisations recognised as charitable — ‘Supply of services and of goods closely linked to welfare and social security work’ — Organisations recognised as charitable — Serviced residence
Request for a preliminary ruling from the Cour d'appel de Mons
Language of the case: French
| Summary |
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Opinion of Advocate General Bot delivered on 9 July 2015
ECLI:EU:C:2015:464 |
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Judgment of the Court (Fifth Chamber) of 21 January 2016
ECLI:EU:C:2016:36 |
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Joined Cases C-359/14 and C-475/14 ERGO Insurance v If P&C Insurance and Gjensidige Baltic v PZU Lietuva
References for a preliminary ruling — Judicial cooperation in civil matters — Choice of applicable law — Regulation (EC) No 864/2007 and Regulation (EC) No 593/2008 — Directive 2009/103/EC — Accident caused by a tractor unit coupled with a trailer, each of the vehicles being insured by different insurers — Accident which occurred in a Member State other than that in which the insurance contracts were concluded — Action for indemnity between the insurers — Applicable law — Definitions of ‘contractual obligations’ and ‘non-contractual obligations’
Requests for a preliminary ruling from the Vilniaus miesto apylinkės teismas and the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Sharpston delivered on 24 September 2015
ECLI:EU:C:2015:630 |
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Judgment of the Court (Fourth Chamber) of 21 January 2016
ECLI:EU:C:2016:40 |
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Case C-430/14 Valsts ieņēmumu dienests v Stretinskis
Reference for a preliminary ruling — Customs union — Community Customs Code — Article 29(1)(d) — Determination of the customs value — Regulation (EEC) No 2454/93 — Article 143(1)(h) — Definition of ‘related persons’ for the purposes of determining the customs value — Kinship relationship between the buyer, a natural person, and the director of the company which sold the goods
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Mengozzi delivered on 15 October 2015
ECLI:EU:C:2015:701 |
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Judgment of the Court (Fifth Chamber) of 21 January 2016
ECLI:EU:C:2016:43 |
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Case C-453/14 Vorarlberger Gebietskrankenkasse and Knauer v Landeshauptmann von Vorarlberg and Mathis
Reference for a preliminary ruling — Regulation (EC) No 883/2004 — Article 5 — Meaning of ‘equivalent benefits’ — Equal treatment of old-age benefits of two Member States of the European Economic Area — National legislation taking into account old-age benefits received in other Member States for the purpose of calculating social security contributions
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 12 November 2015
ECLI:EU:C:2015:756 |
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Judgment of the Court (Fourth Chamber) of 21 January 2016
ECLI:EU:C:2016:37 |
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Case C-515/14 Commission v Cyprus
Failure of a Member State to fulfil obligations — Freedom of movement for persons — Workers — Articles 45 TFEU and 48 TFEU — Old-age benefits — Difference of treatment on the ground of age — Civil servants from a Member State under the age of 45 who leave that Member State to take up employment in another Member State or within an EU institution
Language of the case: Greek
| Summary |
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Judgment of the Court (First Chamber) of 21 January 2016
ECLI:EU:C:2016:30 |
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Case C-521/14 SOVAG v If Vahinkovakuutusyhtiö
References for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001– Article 6(2) — Jurisdiction — Action on a warranty or guarantee or other third party proceedings brought by a third party against a party to judicial proceedings before the court seised of the original proceedings
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
| Summary |
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Judgment of the Court (Fourth Chamber) of 21 January 2016
ECLI:EU:C:2016:41 |
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Case C-50/15 P Hesse v OHIM
Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) and (5) — Word mark Carrera — Opposition by the proprietor of the national and Community word marks CARRERA — Likelihood of confusion — Reputation acquired by the earlier mark
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 21 January 2016
ECLI:EU:C:2016:34 |
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Case C-75/15 Viiniverla v Sosiaali- ja terveysalan lupa- ja valvontavirasto
Reference for a preliminary ruling — Protection of geographical indications of spirit drinks — Regulation (EC) No 110/2008 — Article 16(b) — Evocation — Cider spirits produced in Finland and placed on the market as ‘Verlados’ — Protected geographical indication ‘Calvados’
Request for a preliminary ruling from the Markkinaoikeus
Language of the case: Finnish
| Summary |
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Judgment of the Court (Second Chamber) of 21 January 2016
ECLI:EU:C:2016:35 |
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Case C-50/14 CASTA and Others v ASL TO4 and Regione Piemonte
Reference for a preliminary ruling — Public contracts — Articles 49 TFEU and 56 TFEU — Directive 2004/18/CE — Medical transport services — National legislation authorising regional health authorities to entrust medical transport activities to registered voluntary associations fulfilling the legal requirements, directly and without advertising, by means of reimbursement of the expenditure incurred — Lawfulness
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte
Language of the case: Italian
| Summary |
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Judgment of the Court (Fifth Chamber) of 28 January 2016
ECLI:EU:C:2016:56 |
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Joined Cases C-283/14 and C-284/14 CM Eurologistik v Hauptzollamt Duisburg and GLS v Hauptzollamt Hamburg-Stadt
References for a preliminary ruling — Regulation (EU) No 158/2013 — Validity — Anti-dumping duty imposed on imports of certain prepared or preserved citrus fruits originating in China — Effect to be given to a judgment having found a preceding regulation to be invalid — Reopening of the initial investigation to determine the normal value — Reimposition of the anti-dumping duty on the basis of the same data — Investigation period to be taken into account
Requests for a preliminary ruling from the Finanzgericht Düsseldorf and Finanzgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Jääskinen delivered on 24 September 2015
ECLI:EU:C:2015:628 |
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Judgment of the Court (Fourth Chamber) of 28 January 2016
ECLI:EU:C:2016:57 |
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Case C-375/14 Criminal proceedings against Laezza
Reference for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — Judgment of the Court of Justice which declared the national rules on licences for the collection of bets incompatible with EU law — Reorganisation of the system by way of a new call for tenders — Free-of-charge transfer of the rights to use tangible and intangible assets owned by licensees and which constitute their network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Request for a preliminary ruling from the Tribunale di Frosinone
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wahl delivered on 26 November 2015
ECLI:EU:C:2015:788 |
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Judgment of the Court (Third Chamber) of 28 January 2016
ECLI:EU:C:2016:60 |
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Case C-398/14 Commission v Portugal
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Article 4 — Secondary treatment or equivalent — Annex I, Sections B and D
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 22 September 2015
ECLI:EU:C:2015:625 |
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Judgment of the Court (Second Chamber) of 28 January 2016
ECLI:EU:C:2016:61 |
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Case C-64/15 BP Europa v Hauptzollamt Hamburg-Stadt
Reference for a preliminary ruling — Taxation — General arrangements for excise duty — Directive 2008/118/EC — Occurrence of an irregularity during a movement of excise goods — Movement of goods under a duty suspension arrangement — Goods missing on delivery — Levying of excise duty in the absence of proof of destruction or loss of the goods
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 28 January 2016
ECLI:EU:C:2016:62 |
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Information (on unpublished decisions)
Case C-397/15 Raiffeisen Privatbank Liechtenstein v Lukath
Reference for a preliminary ruling — Rome Convention on the law applicable to contractual obligations — First Protocol concerning the interpretation by the Court of the Rome Convention — Articles 1 and 2(a) and (b) — National courts entitled to make a reference to the Court for a preliminary ruling — Manifest lack of jurisdiction of the Court
Case C-66/15 Commission v Greece
Failure of a Member State to fulfil obligations — Freedom to provide services — Motor vehicles — Leasing or hiring of a motor vehicle by a resident of a Member State from a supplier established in another Member State — Taxation of that vehicle at the time it is registered in the first Member State — Levy of the full amount of vehicle registration tax
Case C-278/15 P Royal County of Berkshire Polo Club v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Application for a Community figurative trade mark comprising the word elements ‘Royal County of Berkshire POLO CLUB’ and the representation of a polo player on a horse — Opposition of the proprietor of the earlier Community figurative marks comprising the word elements ‘BEVERLY HILLS POLO CLUB’ — Regulation (EC) No 207/2009 — Article 8(1)(b) — Likelihood of confusion — Partial refusal of registration — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-500/15 P TVR Italia v OHIM
Appeal — Community trade mark — Language of procedure — Manifest inadmissibility
Case C-281/14 P SACBO v Commission and INEA
Appeal — Trans-European Transport Network — Financial aid — Closure — Decision declaring certain costs to be ineligible and establishing the final account — Fourth paragraph of Article 263 TFEU — Action for annulment - Challengeable act — Locus standi — Person other than the beneficiary of the aid)
Case C-604/14 P Alcoa Trasformazioni v Commission
Appeal — Article 181 of the Rules of Procedure — State aid — Aid granted by the Italian Republic in favour of Alcoa Trasformazioni Srl — Reimbursement by the Equalisation Fund of part of the electricity costs invoiced to that company by its supplier — Incompatibility with the common market — Advantage — European Commission required to undertake an economic analysis
Case C-103/15 P Internationaler Hilfsfonds v Commission
Appeal — Access to EU institution documents — Actions in areas interesting developing countries — Refusal to grant access to certain documents of the file concerning contract ‘LIEN 97-2011’ — Execution of a judgment of the General Court
Case C-170/15 P Enercon v OHIM
Appeal — Community trade mark — Regulation No 207/2009 — Article 43(2) — Amendment of Community trade mark — Reclassification of a colour mark as a figurative mark — Article 7(1)(b) — No distinctive character — Refusal of registration — Colour mark made up of certain nuances of the colour green
Case C-415/14 P Quimitécnica.com and de Mello v Commission
Appeal — Cartels — European market in phosphates for animal feed — Fine imposed on the appellants following a settlement procedure — Payment of the fine in instalments — Requirement to provide a bank guarantee at a bank with a long-term ‘AA’ credit rating — Duty to state reasons
Case C-514/14 P Éditions Odile Jacob v Commission
Appeal — Merger of undertakings in the book publishing market — Decision adopted following the annulment of a decision approving the purchaser of certain assets for lack of independence of an agent — Article 266 TFEU — Enforcement of the judgment ordering annulment — Subject matter of proceedings — Legal basis for the decision at issue — Retroactive effect of that decision — Independence of the purchaser of the assets sold vis-à-vis the seller
Case C-61/15 P Heli-Flight v EASA
Appeal — Civil aviation — Application for approval of flight conditions presented — Decision of the European Aviation Safety Agency — Rejection of an application — Compulsory preliminary administrative procedure — Possibility of an action before the court of the Union European — Role of the court — Adoption of measures of organisation of procedure — Obligation — Complex technical assessments)
Case C-374/15 P Harper Hygienics v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) and (5) — Figurative mark comprising the word elements CLEANIC natural beauty — Application for registration — Earlier Community work marks CLINIQUE — Relative grounds for refusal — Likelihood of confusion
February 2016
Joined Cases C-659/13 and C-34/14 C & J Clark International v The Commissioners for Her Majesty's Revenue & Customs and Puma v Hauptzollamt Nürnberg
References for a preliminary ruling — Admissibility — Dumping — Imports of footwear with uppers of leather originating in China and Vietnam — Validity of Regulation (EC) No 1472/2006 and Implementing Regulation (EU) No 1294/2009 — WTO Anti-Dumping Agreement — Regulation (EC) No 384/96 — Article 2(7) — Determination of dumping — Imports from non-market economy countries — Claims for market economy treatment — Time limit — Article 9(5) and (6) — Claims for individual treatment — Article 17 — Sampling — Article 3(1), (5) and (6), Article 4(1) and Article 5(4) — Cooperation of the Union industry — Article 3(2) and (7) — Determination of injury — Other known factors — Community Customs Code — Article 236(1) and (2) — Repayment of duties not legally owed — Time limit — Unforeseeable circumstances or force majeure — Invalidity of a regulation which imposed anti-dumping duties
Requests for a preliminary ruling from First-tier Tribunal (Tax Chamber) and Finanzgericht München
Languages of the case: English and German
| Summary |
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Opinion of Advocate General Bot delivered on 17 September 2015
ECLI:EU:C:2015:620 |
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Judgment of the Court (Fourth Chamber) of 4 February 2016
ECLI:EU:C:2016:74 |
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Case C-336/14 Criminal proceedings against Ince
Freedom to provide services — Article 56 TFEU — Games of chance — Public monopoly on betting on sporting competitions — Prior administrative authorisation — Exclusion of private operators — Collection of bets on behalf of an operator established in another Member State — Criminal penalties — National provision contrary to EU law — Exclusion — Transition to a system providing for the grant of a limited number of licences to private operators — Principles of transparency and impartiality — Directive 98/34/EC — Article 8 — Technical regulations — Rules on services — Obligation to notify
Request for a preliminary ruling from the Amtsgericht Sonthofen
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 22 October 2015
ECLI:EU:C:2015:724 |
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Judgment of the Court (First Chamber) of 4 February 2016
ECLI:EU:C:2016:72 |
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Case C-163/15 Hassan v Breiding Vertriebsgesellschaft
Reference for a preliminary ruling — Community trade mark — Regulation (EC) No 207/2009 — Article 23 — Licence — Register of Community trade marks — Right of the licensee to bring proceedings for infringement notwithstanding the fact that the licence has not been entered in the Register
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 17 December 2015
ECLI:EU:C:2015:834 |
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Judgment of the Court (Seventh Chamber) of 4 February 2016
ECLI:EU:C:2016:71 |
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Case C-601/15 PPU N. v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Standards for the reception of applicants for international protection — Directive 2008/115/EC — Lawful residence — Directive 2013/32/EU — Article 9 — Right to remain in a Member State — Directive 2013/33/EU — Point (e) of the first subparagraph of Article 8(3) — Detention — Protection of national security or public order — Validity — Charter of Fundamental Rights of the European Union — Articles 6 and 52 — Limitation — Proportionality
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
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View of Advocate General Sharpston delivered on 26 January 2016
ECLI:EU:C:2016:85 |
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Judgment of the Court (Grand Chamber) of 15 February 2016
ECLI:EU:C:2016:84 |
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Case C-314/14 Sanoma Media Finland - Nelonen Media v Viestintävirasto
Reference for a preliminary ruling — Directive 2010/13/EU — Article 19(1) — Separation of television advertising and programmes — Split screen — Article 23(1) and (2) — Limit of 20% per clock hour on the broadcasting time for television advertising spots — Sponsorship announcements — Other references to a sponsor — ‘Black seconds’
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Szpunar delivered on 6 October 2015
ECLI:EU:C:2015:667 |
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Judgment of the Court (Fourth Chamber) of 17 February 2016
ECLI:EU:C:2016:89 |
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Case C-429/14 Air Baltic Corporation v Lietuvos Respublikos specialiųjų tyrimų tarnyba
Reference for a preliminary ruling — Air transport — Montreal Convention — Articles 19, 22 and 29 — Liability of air carrier in the event of delay in the international carriage of passengers — Contract of carriage concluded by the passengers’ employer — Damage caused by delay — Damage suffered by the employer
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
| Summary |
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Judgment of the Court (Third Chamber) of 17 February 2016
ECLI:EU:C:2016:88 |
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Case C-124/15 Salutas Pharma v Hauptzollamt Hannover
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Heading 3004 — Effervescent tablets containing 500 mg of calcium — Level of substance per recommended daily dose significantly higher than the recommended daily allowance to maintain general health or well-being)
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber) of 17 February 2016
ECLI:EU:C:2016:87 |
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Case C-176/13 P Council v Bank Mellat
Appeal — Common foreign and security policy — Combating nuclear proliferation — Restrictive measures taken against the Islamic Republic of Iran — Freezing of funds of an Iranian bank — Obligation to state reasons — Procedure for the adoption of the act — Manifest error of assessment
Language of the case: English
| Summary |
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Opinion of Advocate General Sharpston delivered on 26 February 2015
ECLI:EU:C:2015:130 |
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Judgment of the Court (Fifth Chamber) of 18 February 2016
ECLI:EU:C:2016:96 |
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Case C-49/14 Finanmadrid EFC v Albán Zambrano and Others
Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms — Order for payment procedure — Enforcement proceedings — Powers of the national court responsible for enforcement to raise of its own motion the fact that the unfair term is invalid — Principle of res judicata — Principle of effectiveness — Charter of Fundamental Rights of the European Union — Judicial protection
Request for a preliminary ruling from the Juzgado de Primera Instancia de Cartagena
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Szpunar delivered on 11 November 2015
ECLI:EU:C:2015:746 |
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Judgment of the Court (First Chamber) of 18 February 2016
ECLI:EU:C:2016:98 |
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Case C-325/15 Ś. and Others v X
Reference for a preliminary ruling — Articles 53(2) and 99 of the Rules of Procedure of the Court of Justice — Road transport — Driver’s rest periods — Rules of a Member State depriving an employee on a business trip of the right to flat-rate allowances for accommodation in the event that the accommodation is guaranteed by the employer at his own expense — Whether the accommodation of a lorry driver on board his vehicle is included
Request for a preliminary ruling from the Sąd Rejonowy we Wrocławiu
Language of the case: Polish
| Summary |
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Order of the Court (Tenth Chamber) of 18 February 2016
ECLI:EU:C:2016:107 |
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Case C-179/14 Commission v Hungary
Failure of a Member State to fulfil obligations — Directive 2006/123/EC — Articles 14 to 16 — Article 49 TFEU — Freedom of establishment — Article 56 TFEU — Freedom to provide services — Conditions for issuing vouchers entailing a tax advantage which are provided by employers to their employees and may be used for accommodation, leisure and/or meals — Restrictions — Monopoly
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Bot delivered on 17 September 2015
ECLI:EU:C:2015:619 |
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Judgment of the Court (Grand Chamber) of 23 February 2016
ECLI:EU:C:2016:108 |
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Case C-292/14 Elliniko Dimosio v Stroumpoulis and Others
Reference for a preliminary ruling — Directive 80/987/EEC — Approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer — Scope — Outstanding wage claims of seamen working on board a vessel flying the flag of a non-member country — Employer whose registered office is located in the non-member country — Employment contract subject to the law of the non-member country — Employer declared insolvent in a Member State in which its actual head office is located — Article 1(2) — Annex, Section II, A — National legislation providing a guarantee in respect of the outstanding wage claims of seaman only if they are abandoned abroad — Level of protection not equivalent to that provided by Directive 80/987
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 24 September 2015
ECLI:EU:C:2015:629 |
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Judgment of the Court (Fourth Chamber) of 25 February 2016
ECLI:EU:C:2016:116 |
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Case C-299/14 Vestische Arbeit Jobcenter Kreis Recklinghausen v García-Nieto and Others
Reference for a preliminary ruling — Freedom of movement of persons — Citizenship of the Union — Equal treatment — Directive 2004/38/EC — Article 24(2) — Social Assistance — Regulation (EC) No 883/2004 — Articles 4 and 70 — Special non-contributory cash benefits — Exclusion of nationals of a Member State during the first three months of residence in the host Member State
Request for a preliminary ruling from the Landessozialgericht Nordrhein-Westfalen
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 4 June 2015
ECLI:EU:C:2015:366 |
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Judgment of the Court (First Chamber) of 25 February 2016
ECLI:EU:C:2016:114 |
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Case C-143/15 G.E. Security v Staatssecretaris van Financiën
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Common Customs Tariff — Combined Nomenclature — Classification of goods — Headings 8517, 8521, 8531 and 8543 — Product known as a ‘video multiplexer’
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Tenth Chamber) of 25 February 2016
ECLI:EU:C:2016:115 |
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Information (on unpublished decisions)
Case C-194/15 Baudinet and Others v Agenzia delle Entrate - Direzione Provinciale I di Torino
Reference for a preliminary ruling — Articles 63 TFEU and 65 TFEU — Free movement of capital — Article 49 TFEU — Freedom of establishment — Direct taxation — Imposition of dividends — Bilateral agreement on double taxation — Judicial double taxation
Case C-251/15 P Emsibeth v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court — Community trade mark — Application for registration of the figurative mark Nael — Opposition by the proprietor of prior Community word mark Mc Neal — Refusal of registration — Regulation (EC) No 207/2009 — Article 8(1)(b) — Determination of the relevant public — Assessment of the comparison of the goods, the similarity of the signs and the likelihood of confusion)
Case C-396/15 P Shoe Branding Europe v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 65 — Position mark — Two parallel stripes on the side of a shoe — Opposition by the proprietor of Community and national figurative marks and international registration representing three parallel stripes applied to shoes and clothing — Opposition rejected
Case C-446/14 P Germany v Commission
Appeal — State aid — Services for the removal of animal carcasses and waste from abattoirs — Maintenance of reserve capacity in the event of an outbreak — Decision declaring the aid incompatible with the common market — Service of general economic interest — Manifest error of assessment — Compensation for the public service obligation — Obligation to state reasons
Case C-407/15 Rîpanu v Loteria Română
Reference for a preliminary ruling — Article 53(2) Rules of Procedure of the Court of Justice — Charter of Fundamental Rights of the European Union — Right to fair legal process — Decision of a constitutional court — Binding effect — Publication in the official journal of the Member State concerned — No suspensive effect between delivery and publication — No implementation of EU law — Clear lack of jurisdiction of the Court
Case C-380/15 Garzón Ramos and Ramos Martín v Banco de Caja España de Inversiones, Salamanca y Soria and Intercotrans
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Right to effective judicial protection — Mortgage enforcement proceedings — Powers of the court hearing the declaratory proceedings — No implementation of EU law — Article 53(2) of the Rules of Procedure of the Court of Justice — Clear lack of jurisdiction of the Court
Case C-454/14 Commission v Spain
Failure of a Member State to fulfil obligations — Environment — Directive 1999/31/EC — Article 14 — Landfill of waste — Non-conformity of existing landfills — Closure and after-care procedures
Case C-22/15 Commission v Netherlands
Failure of a Member State to fulfil obligations — Value added tax — Directive 2006/112/EC — Exemptions — Article 132(1)(m) — Supply of services closely linked to sport or physical education — Exemption for the hiring out of berths and sites for the storage of boats to the members of water sports associations in the context of sailing or leisure activities which cannot be equated with the practice of sport or physical education — Exemption limited to the members of water sports associations which have no employees for the provision of their services — Excluded — Point (d) of the first paragraph of Article 133
Case C-346/15 P Steinbeck v OHIM
Appeal — Article 181 of Rules of Procedure of the Court of Justice — Community word marks BE HAPPY — Declaration of invalidity — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute ground for refusal — No distinctive character
Case C-487/15 P Deutsche Rockwool Mineralwoll v OHIM
Appeal — Article 181 of the Rules of Procedure of the General Court — Community trade mark — Invalidity proceedings — Community figurative mark containing the word element ‘Redrock’ — Earlier national word marks ROCK, KEPROCK, FLEXIROCK, FORMROCK, FLOOR-ROCK, TERMAROCK, KLIMAROCK, SPEEDROCK, DUROCK, SPLITROCK, PLANAROCK, TOPROCK, KLEMMROCK, FIXROCK, SONOROCK PLUS, VARIROCK, SONOROCK and MASTERROCK — Relative grounds for refusal — Regulation (EC) No 207/2009 — Articles 8(1)(b) and 53(1)(a) — Rejection of the application for a declaration of invalidity)
Case C-520/15 Aiudapds v AIFA and Ministero della Salute
Reference for a preliminary ruling — Rules of Procedure of the Court of Justice — Article 53(2) — Charter of Fundamental Rights of the European Union — Articles 47, second paragraph, and 54 — European Convention for the Protection of Human Rights and Fundamental Freedoms — Article 6(1) — Extraordinary petition to the President of the Italian Republic — Opposition to the petition by a party to the dispute — Modification of that extraordinary petition into judicial proceedings — No implementation of EU law — Clear lack of jurisdiction of the Court)
March 2016
Case C-440/14 P National Iranian Oil Company v Council
Appeal — Restrictive measures against the Islamic Republic of Iran — List of persons and entities subject to the freezing of funds and economic resources — Implementing Regulation (EU) No 945/2012 — Legal basis — Criterion relating to the material, logistical or financial support for the Government of Iran
Language of the case: French
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 3 September 2015
ECLI:EU:C:2015:545 |
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Judgment of the Court (Grand Chamber) of 1 March 2016
ECLI:EU:C:2016:128 |
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Joined Cases C-443/14 and C-444/14 Kreis Warendorf v Alo and Osso v Region Hannover
Reference for a preliminary ruling — Convention relating to the Status of Refugees, signed in Geneva on 28 July 1951 — Articles 23 and 26 — Area of freedom, security and justice — Directive 2011/95/EU — Rules relating to the content of international protection — Subsidiary protection status — Article 29 — Social welfare — Conditions of access — Article 33 — Freedom of movement within the host Member State — Definition — Restriction — Obligation to reside in a particular place — Different treatment — Comparable situations — Balanced distribution of budgetary costs between local authorities — Grounds of migration or integration policy
Requests for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 6 October 2015
ECLI:EU:C:2015:665 |
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Judgment of the Court (Grand Chamber) of 1 March 2016
ECLI:EU:C:2016:127 |
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Case C-162/15 P-R Evonik Degussa v Commission
Application for interim measures — Appeal — Administrative procedure — Publication of a decision finding the existence of an unlawful cartel on the European market for hydrogen peroxide and perborate — Commission Decision rejecting a request for confidential treatment of some information in the decision finding the existence of that cartel — Leniency Notice — Judgment of the General Court of the European Union dismissing the action for annulment of that decision — Application to suspend the operation of that decision — Prima facie case — Urgency — Weighing of interests
Language of the case: German
| Summary |
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Order of the Vice-President of the Court of 2 March 2016
ECLI:EU:C:2016:142 |
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Case C-12/14 Commission v Malta
Failure of a Member State to fulfil obligations — Social security — Regulation (EEC) No 1408/71 — Article 46b — Regulation (EC) No 883/2004 — Article 54 — Old-age pensions — Rules against overlapping — Persons entitled to an old-age pension under the rules of one Member State and to a civil-service pension under the rules of another Member State — Reduction in the amount of the old-age pension
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 12 November 2015
ECLI:EU:C:2015:755 |
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Judgment of the Court (Fourth Chamber) of 3 March 2016
ECLI:EU:C:2016:135 |
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Case C-144/15 Staatssecretaris van Financiën v Customs Support Holland
Reference for a preliminary ruling — Common Customs Tariff — Combined Nomenclature — Headings 2304, 2308 and 2309 — Classification of a soya protein concentrate
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Ninth Chamber) of 3 March 2016
ECLI:EU:C:2016:133 |
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Case C-179/15 Daimler v Együd Garage
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 5(1) — Advertisements relating to a third party accessible on the internet — Unauthorised use of the mark — Advertisements published online without the knowledge and without the consent of that third party or maintained online despite the opposition of that third party — Action of the trade mark proprietor against that third party
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Second Chamber) of 3 March 2016
ECLI:EU:C:2016:134 |
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Case C-431/14 P Greece v Commission
Appeal — State aid — Compensation payments made by the Greek Agricultural Insurance Organisation (ELGA) in 2008 and 2009 — Decision declaring aid incompatible with the internal market and ordering its recovery — Concept of ‘State aid’ — Article 107(3)(b) TFEU — Guidelines for State aid in the agricultural sector — Obligation to state reasons — Distortion of evidence
Language of the case: Greek
| Summary |
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Opinion of Advocate General Sharpston delivered on 15 October 2015
ECLI:EU:C:2015:699 |
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Judgment of the Court (Grand Chamber) of 8 March 2016
ECLI:EU:C:2016:145 |
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Case C-94/14 Flight Refund v Deutsche Lufthansa
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — European order for payment procedure — Regulation (EC) No 1896/2006 — Articles 17 and 20 — Obligations of a court seised in order to designate the court with territorial jurisdiction to hear contentious proceedings following the defendant’s opposition to the European order for payment — Competence of the courts of the Member State of origin of the European order for payment — Regulation (EC) No 44/2001 — Debt arising from the right to compensation under Regulation (EC) No 261/2004 on account of a flight delay
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Sharpston delivered on 22 October 2015
ECLI:EU:C:2015:723 |
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Judgment of the Court (Second Chamber) of 10 March 2016
ECLI:EU:C:2016:148 |
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Case C-235/14 Safe Interenvios v Liberbank and Others
Reference for a preliminary ruling — Prevention of the use of the financial system for the purpose of money laundering and terrorist financing — Directive 2005/60/EC — Customer due diligence measures — Directive 2007/64/EC — Payment services in the internal market
Request for a preliminary ruling from the Audiencia Provincial de Barcelona
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Sharpston delivered on 3 September 2015
ECLI:EU:C:2015:530 |
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Judgment of the Court (Fifth Chamber) of 10 March 2016
ECLI:EU:C:2016:154 |
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Case C-247/14 P HeidelbergCement v Commission
Appeal — Competition — Market for ‘cement and related products’ — Administrative procedure — Regulation (EC) No 1/2003 — Article 18(1) and (3) — Decision requesting information — Statement of reasons — Clarification of the application
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 15 October 2015
ECLI:EU:C:2015:694 |
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Judgment of the Court (Third Chamber) of 10 March 2016
ECLI:EU:C:2016:149 |
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Case C-499/14 VAD and van Aert v Belgische Staat
Reference for a preliminary ruling — Customs Union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Interpretation — General Rules — Rule 3(b) — Definition of ‘goods put up in sets for retail sale’ — Separate packages
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
| Summary |
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Judgment of the Court (First Chamber) of 10 March 2016
ECLI:EU:C:2016:155 |
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Case C-232/14 Portmeirion Group v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling — Dumping — Implementing Regulation (EU) No 412/2013 — Validity — Imports of ceramic tableware and kitchenware originating in China — Product concerned — Product under consideration — Obligation to state reasons
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 10 September 2015
ECLI:EU:C:2015:583 |
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Judgment of the Court (Ninth Chamber) of 17 March 2016
ECLI:EU:C:2016:180 |
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Case C-286/14 Parliament v Commission
Action for annulment — Article 290 TFEU — Concepts of ‘amending’ and ‘supplementing’ — Regulation (EU) No 1316/2013 — Article 21(3) — Scope of the power conferred on the European Commission — Need to adopt a separate legislative act — Delegated Regulation (EU) No 275/2014
Language of the case: French
| Summary |
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Opinion of Advocate General Jääskinen delivered on 1 October 2015
ECLI:EU:C:2015:645 |
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Judgment of the Court (Fifth Chamber) of 17 March 2016
ECLI:EU:C:2016:183 |
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Case C-472/14 Canadian Oil Company Sweden and Rantén v Riksåklagaren
Reference for a preliminary ruling — Registration, evaluation and authorisation of chemicals — Regulation (EC) No 1907/2006 (REACH Regulation) — Extent of harmonised field — Registration of chemical substances with the European Chemicals Agency before placing them on the market — Article 5 — National chemical product register — Notification requirement for registration purposes — Compatibility with the REACH Regulation — Articles 34 TFEU and 36 TFEU — Quantitative restriction on imports
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Sharpston delivered on 10 December 2015
ECLI:EU:C:2015:809 |
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Judgment of the Court (Second Chamber) of 17 March 2016
ECLI:EU:C:2016:171 |
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Case C-40/15 Minister Finansów v Aspiro
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Article 135(1)(a) — Exemption for insurance — Definition of ‘insurance’ transactions and of ‘related services performed by insurance brokers and insurance agents’ — Claims settlement services provided by and on behalf of an insurer
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Opinion of Advocate General Kokott delivered on 23 December 2015
ECLI:EU:C:2015:850 |
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Judgment of the Court (First Chamber) of 17 March 2016
ECLI:EU:C:2016:172 |
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Case C-84/15 Sonos Europe v Staatssecretaris van Financiën
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Customs union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Headings 8517, 8518, 8519, 8527 and 8543 — Stand-alone device designed to retrieve, receive and stream digital audio files in the form of amplified sound
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Tenth Chamber) of 17 March 2016
ECLI:EU:C:2016:184 |
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Case C-99/15 Liffers v Producciones Mandarina and Mediaset España Comunicación
Reference for a preliminary ruling — Intellectual property — Directive 2004/48/EC — Article 13(1) — Audiovisual work — Infringing activity — Damages — Rules for calculation — Lump sum — Moral prejudice — Inclusion
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Wathelet delivered on 19 November 2015
ECLI:EU:C:2015:768 |
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Judgment of the Court (Fifth Chamber) of 17 March 2016
ECLI:EU:C:2016:173 |
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Case C-112/15 Kødbranchens Fællesråd v Ministeriet for Fødevarer, Landbrug og Fiskeri and Fødevarestyrelsen
Reference for a preliminary ruling — Approximation of laws — Regulation (EC) No 882/2004 — Regulation (EC) No 854/2004 — Official controls of feed and food — Fees that may be charged by Member States to cover the costs incurred through official controls — Costs in connection with the training of official auxiliaries
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
| Summary |
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Judgment of the Court (Ninth Chamber) of 17 March 2016
ECLI:EU:C:2016:185 |
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Joined Cases C-145/15 and C-146/15 Ruijssenaars and Others v Staatssecretaris van Infrastructuur en Milieu
Air transport — Regulation (EC) No 261/2004 — Article 7 — Compensation payable to passengers in the event that their flight is cancelled or delayed by more than three hours — Article 16 — National bodies responsible for the enforcement of the regulation — Powers — Adoption of enforcement measures against the air carrier for payment of the compensation due to the passenger
References for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bot delivered on 14 January 2016
ECLI:EU:C:2016:12 |
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Judgment of the Court (Eighth Chamber) of 17 March 2016
ECLI:EU:C:2016:187 |
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Case C-161/15 Bensada Benallal v État belge
Reference for a preliminary ruling — Directive 2004/38/EC — Decision withdrawing residence authorisation — Principle of respect for the rights of the defence — Right to be heard — Procedural autonomy of the Member States — Admissibility of grounds of appeal on a point of law — Plea based on public policy
Request for a preliminary ruling from Conseil d'État
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 13 January 2016
ECLI:EU:C:2016:3 |
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Judgment of the Court (First Chamber) of 17 March 2016
ECLI:EU:C:2016:175 |
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Case C-175/15 Taser International v SC Gate 4 Business and Anastasiu
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Contracts imposing an obligation on a Romanian undertaking to assign trade marks to an undertaking with its seat in a third country — Refusal — Clause conferring jurisdiction on a third country — Defendant entering an appearance before the Romanian courts without raising an objection — Applicable rules on jurisdiction
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
| Summary |
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Judgment of the Court (Sixth Chamber) of 17 March 2016
ECLI:EU:C:2016:176 |
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Case C-695/15 PPU Mirza v Bevándorlási és Állampolgársági Hivatal
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Regulation (EU) No 604/2013 — Criteria and mechanisms for determining the Member State responsible for examining an application for international protection — Article 3(3) — Right of Member States to send an applicant to a safe third country — Article 18 — Obligations of the Member State responsible for examining the application in the event that the applicant is taken back — Directive 2013/32/EU — Common procedures for granting and withdrawing international protection — Examination of an application for international protection
Request for a preliminary ruling from the Debreceni Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Kokott delivered on 8 March 2016
ECLI:EU:C:2016:146 |
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Judgment of the Court (Fourth Chamber) of 17 March 2016
ECLI:EU:C:2016:188 |
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Information (on unpublished decisions)
Case C-26/15 P Spain v Commission
Appeal — Regulation (EC) No 1234/2007 — Common organisation of agricultural markets — Implementing Regulation (EU) No 543/2011 — Fifth indent of Part D of Section VI of Part B 2 of Annex I — Fruit and vegetables and processed fruit and vegetables sectors — Citrus fruits — Conditions for marketing — Provisions concerning marking — Indications of preserving agents or other chemical substances used in post-harvest processing
Case C-138/15 P Teva Pharma and Teva Pharmaceuticals Europe v EMA
Appeal — Orphan medicinal products — Regulation (EC) No 141/2000 — Regulation (EC) No 847/2000 — Refusal to grant marketing authorisation for the generic version of the orphan medicinal product ‘imatinib mesylate’
Case C-440/15 P AgriCapital v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court — Application for the Community word mark AGRI.CAPITAL — Opposition proceedings — Earlier Community word marks AgriCapital and AGRICAPITAL — Rejection of the opposition
Case C-537/15 Euro Bank v Łopaciński
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Credit agreement — Unfair terms — National rules — Simplified enforcement for banks — Attachment of an enforcement clause by the enforcement court — Assessment by the national court, of its own motion, as to whether contractual terms are unfair — Impossible — National legislation at issue repealed — No need to adjudicate
Case C-248/14 P Schwenk Zement v Commission
Appeal — Competition — Market for ‘cement and related products’ — Administrative procedure — Regulation (EC) No 1/2003 — Article 18(1) and (3) — Decision requesting information — Statement of reasons — Clarification of the application
Case C-267/14 P Buzzi Unicem v Commission
Appeal — Competition — Market for ‘cement and related products’ — Administrative procedure — Regulation (EC) No 1/2003 — Article 18(1) and (3) — Decision requesting information — Statement of reasons — Clarification of the application
Case C-268/14 P Italmobiliare v Commission
Appeal — Competition — Market for ‘cement and related products’ — Administrative procedure — Regulation (EC) No 1/2003 — Article 18(1) and (3) — Decision requesting information — Statement of reasons — Clarification of the application
Case C-38/15 Commission v Spain
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Collection and treatment systems — Discharges in sensitive areas — Monitoring methods — Collecting of samples
Case C-142/15 P SolarWorld v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Article 263 TFEU — Criterion for direct concern — Appeal manifestly unfounded — Dumping — Imports of crystalline silicon photovoltaic modules and key components (cells and wafers) originating in or consigned from China — Regulation (EC) No 1225/2009 — Article 8 — Offer of a price undertaking by Chinese exporting producers — Acceptance by the Commission — Exemption of anti-dumping duties — Action against the acceptance decision — Inadmissibility
Case C-312/15 P SolarWorld v Commission
Appeals — Article 181 of the Rules of Procedure of the Court — Appeal manifestly unfounded — Regulation (EU) No 513/2013 — Dumping — Imports of crystalline silicon photovoltaic modules and key components (cells and wafers) originating in or consigned from China — Provisional anti-dumping duty — Definitive anti-dumping duty — No need to adjudicate — Loss of interest in bringing proceedings
Case C-476/15 P Grupo Bimbo v OHIM
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Three‑dimensional trade mark in the shape a Mexican tortilla — Refusal of registration — Absolute ground for refusal — No distinctive character — Regulation (EC) No 207/2009 — Article 7(1)(b) — Obligation to state reasons — Article 296 TFEU
Case C-252/15 P Naazneen Investments v OHIM
Appeal — Community trade mark — Regulation (EC) No 207/2009 — Revocation proceedings — Article 51(1)(a) — Community word mark SMART WATER — Genuine use — Obligation to state reasons — Article 75
Case C-613/15 Ibercaja Banco v Cortés Gonález
Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms in consumer contracts — Mortgage loans — Term relating to default interest — Early repayment term — Power of the national court — Time limit
Case C-319/15 Overseas Financial and Oaktree Finance v Ministre de l’Économie, de l’Industrie et du Numérique
Reference for a preliminary ruling — No need to adjudicate
April 2016
Case C-689/13 PFE v Airgest
Reference for a preliminary ruling — Public service contracts — Directive 89/665/EEC – Article 1(1) and (3) — Review procedures — Application for annulment of the decision awarding a public contract by a tenderer whose bid was not successful — Counterclaim brought by the successful tenderer — Rule derived from national case-law under which the counterclaim must be examined first and, if the counterclaim is well founded, the main action must be dismissed as inadmissible without any examination of the merits — Whether compatible with EU law — Article 267 TFEU — Principle of the primacy of EU law — Principle of law stated by decision of the plenary session of the supreme administrative court of a Member State — National legislation which provides that that decision is binding on the chambers of that court — Obligation on the part of the chamber required to adjudicate on a question of EU law to refer that question to the plenary session if it disagrees with the decision of the plenary session — Whether the chamber has a discretion or is under an obligation to request a preliminary ruling from the Court of Justice
Request for a preliminary ruling from the Consiglio di Giustizia amministrativa per la Regione siciliana
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wathelet delivered on 23 April 2015
ECLI:EU:C:2015:263 |
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Opinion of Advocate General Wathelet delivered on 15 October 2015
ECLI:EU:C:2015:693 |
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Judgment of the Court (Grand Chamber) of 5 April 2016
ECLI:EU:C:2016:199 |
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Joined Cases C-404/15 and C-659/15 PPU Aranyosi and Căldăraru
Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Grounds for refusal to execute — Charter of Fundamental Rights of the European Union — Article 4 — Prohibition of inhuman or degrading treatment — Conditions of detention in the issuing Member State
Requests for a preliminary ruling from the Hanseatisches Oberlandesgericht in Bremen
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 3 March 2016
ECLI:EU:C:2016:140 |
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Judgment of the Court (Grand Chamber) of 5 April 2016
ECLI:EU:C:2016:198 |
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Joined Cases C-186/14 P and C-193/14 P ArcelorMittal Tubular Products Ostrava and Others v Hubei Xinyegang Steel and Council v Hubei Xinyegang Steel
Appeal — Dumping — Regulation (EC) No 384/96 — Article 3(5), (7) and (9) — Article 6(1) — Regulation (EC) No 926/2009 — Imports of certain seamless pipes and tubes of iron or steel originating in China — Definitive anti-dumping duty — Determination of a threat of injury — Taking into account of post-investigation period data
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 19 November 2015
ECLI:EU:C:2015:767 |
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Judgment of the Court (Second Chamber) of 7 April 2016
ECLI:EU:C:2016:209 |
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Case C-294/14 ADM Hamburg v Hauptzollamt Hamburg-Stadt
Reference for a preliminary ruling — Customs Union and Common Customs Tariff — Community Customs Code — Tariff Preferences — Regulation (EEC) No 2454/93 — Article 74(1) — Products originating from a beneficiary country — Transport — Consignments composed of a mixture of crude palm kernel oil originating in several countries benefiting from the same preferential treatment
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 10 September 2015
ECLI:EU:C:2015:584 |
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Judgment of the Court (Fourth Chamber) of 7 April 2016
ECLI:EU:C:2016:210 |
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Case C-315/14 Marchon Germany v Karaszkiewicz
Reference for a preliminary ruling — Self-employed commercial agents — Directive 86/653/EEC — Article 17(2) — Indemnity in respect of customers — Conditions for granting — Acquisition of new customers — Concept of ‘new customers’ — Principal’s customers purchasing, for the first time, goods which the commercial agent was assigned to sell
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 10 September 2015
ECLI:EU:C:2015:585 |
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Judgment of the Court (Fourth Chamber) of 7 April 2016
ECLI:EU:C:2016:211 |
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Case C-324/14 Partner Apelski Dariusz v Zarząd Oczyszczania Miasta
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Technical and/or professional abilities of economic operators — Article 48(3) — Possibility to rely on the capacities of other entities — Conditions and procedures — Nature of the links between the tenderer and the other entities — Amendment of the tender — Annulment and repetition of an electronic auction — Directive 2014/24/EU
Request for a preliminary ruling from the Krajowa Izba Odwoławcza
Language of the case: Polish
| Summary |
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Opinion of Advocate General Jääskinen delivered on 8 September 2015
ECLI:EU:C:2015:558 |
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Judgment of the Court (First Chamber) of 7 April 2016
ECLI:EU:C:2016:214 |
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Case C-460/14 Massar v DAS Nederlandse Rechtsbijstand Verzekeringsmaatschappij
Reference for a preliminary ruling — Legal expenses insurance — Directive 87/344/EEC — Article 4(1) — Free choice of lawyer for an insured person — Inquiry or proceedings — Definition — Authorisation granted by a public body to an employer for the purpose of terminating an employment contract
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Judgment of the Court (Tenth Chamber) of 7 April 2016
ECLI:EU:C:2016:216 |
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Case C-483/14 KA Finanz v Sparkassen Versicherung Vienna Insurance Group
Reference for a preliminary ruling — Rome Convention — Applicable law — Cross-border merger — Directive 78/855/EEC — Directive 2005/56/EC — Merger by acquisition — Protection of creditors — Transfer of all the assets and liabilities of the company being acquired to the acquiring company
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Opinion of Advocate General Bot delivered on 12 November 2015
ECLI:EU:C:2015:757 |
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Judgment of the Court (Third Chamber) of 7 April 2016
ECLI:EU:C:2016:205 |
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Case C-546/14 Proceedings brought by Degano Trasporti
Reference for a preliminary ruling — Taxation — VAT — Article 4(3) TEU — Directive 2006/112/EC — Insolvency — Procedure for an arrangement with creditors — Partial payment of VAT debts
Request for a preliminary ruling from the Tribunale di Udine
Language of the case: Italian
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Opinion of Advocate General Sharpston delivered on 14 January 2016
ECLI:EU:C:2016:13 |
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Judgment of the Court (Second Chamber) of 7 April 2016
ECLI:EU:C:2016:206 |
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Case C-5/15 AK v Achmea Schadeverzekeringen and Stichting Achmea Rechtsbijstand
Reference for a preliminary ruling — Legal expenses insurance — Directive 87/344/EEC — Article 4(1) — Free choice of lawyer for an insured person — Inquiry or proceedings — Definition — Objection to refusal of authorisation for care
Request for a preliminary ruling from the Gerechtshof Amsterdam
Language of the case: Dutch
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Judgment of the Court (Tenth Chamber) of 7 April 2016
ECLI:EU:C:2016:218 |
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Case C-193/15 P Akhras v Council
Appeal — Common foreign and security policy (CFSP) — Restrictive measures against the Syrian Arab Republic — Measures directed against persons and entities benefiting from or supporting the regime — Proof that inclusion on the lists is well founded — Set of indicia — Distortion of the sense of the evidence
Language of the case: English
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Judgment of the Court (Third Chamber) of 7 April 2016
ECLI:EU:C:2016:219 |
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Case C-266/15 P Central Bank of Iran v Council
Appeal — Restrictive measures taken against the Islamic Republic of Iran — List of persons and entities subject to the freezing of funds and economic resources — Criterion relating to the provision of material, logistical or financial support to the Government of Iran — Financial services of a central bank
Language of the case: English
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Judgment of the Court (Second Chamber) of 7 April 2016
ECLI:EU:C:2016:208 |
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Case C-284/15 ONEm v M. and M. v ONEm and CAPAC
Reference for a preliminary ruling — Article 45 TFEU and Article 48 TFEU — Charter of Fundamental Rights of the European Union — Article 15(2) — Regulation (EEC) No 1408/71 — Article 67(3) — Social security — Unemployment benefit to supplement income from part-time employment — Award of that benefit — Completion of periods of employment — Aggregation of periods of insurance or employment — Taking into account of periods of insurance or employment completed under the legislation of another Member State
Request for a preliminary ruling from the Cour du travail de Bruxelles
Language of the case: French
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Judgment of the Court (Sixth Chamber) of 7 April 2016
ECLI:EU:C:2016:220 |
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Case C-561/14 Genc v Integrationsministeriet
Reference for a preliminary ruling — EEC-Turkey Association Agreement — Decision No 1/80 — Article 13 — Standstill clause — Family reunification — National legislation laying down new, more stringent conditions on access to family reunification for family members, who are not economically active, of economically active Turkish nationals who are resident and have a residence permit in the Member State in question — Condition requiring ties sufficient to enable successful integration
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
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Opinion of Advocate General Mengozzi delivered on 20 January 2016
ECLI:EU:C:2016:28 |
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Judgment of the Court (Grand Chamber) of 12 April 2016
ECLI:EU:C:2016:247 |
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Case C-131/14 Cervati and Malvi v Agenzia delle Dogane and Agenzia delle Dogane – Ufficio delle Dogane di Livorno
Reference for a preliminary ruling — Agriculture — Common organisation of the markets — Regulation (EC) No 565/2002 — Article 3(3) — Tariff quota — Garlic of Argentinian origin — Import licences — Non-transferability of rights deriving from import licences — Circumvention — Abuse of rights — Conditions — Regulation (EC, Euratom) No 2988/95 — Article 4(3)
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Judgment of the Court (Second Chamber) of 14 April 2016
ECLI:EU:C:2016:255 |
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Joined Cases C-381/14 and C-385/14 Sales Sinués and Drame Ba v Caixabank and Catalunya Caixa
References for a preliminary ruling — Directive 93/13/EEC — Contracts concluded between sellers or suppliers and consumers — Mortgage contracts — ‘Floor’ clause — Examination of the clause with a view to its invalidation — Collective proceedings — Action for an injunction — Stay of an individual action with the same subject matter
References for a preliminary ruling from the Juzgado de lo Mercantil and Juzgado Mercantil de Barcelona
Language of the case: Spanish
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Opinion of Advocate General Szpunar delivered on 14 January 2016
ECLI:EU:C:2016:15 |
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Judgment of the Court (First Chamber) of 14 April 2016
ECLI:EU:C:2016:252 |
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Case C-397/14 Polkomtel v Prezes Urzędu Komunikacji Elektronicznej
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/22/EC — Article 28 — Non-geographic numbers — Access by end-users residing in the Member State for operators to services using non-geographic numbers — Directive 2002/19/EC — Articles 5, 8 and 13 — Powers and responsibilities of the national regulatory authorities with regard to access and interconnection — Imposition, amendment or withdrawal of obligations — Imposition of obligations on undertakings that control access to end-users — Price control — Undertaking not having significant market power on the market — Directive 2002/21/EC — Resolution of disputes between undertakings — Decision of the national regulatory authority laying down the conditions of cooperation and the pricing procedures for services between undertakings
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
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Judgment of the Court (Second Chamber) of 14 April 2016
ECLI:EU:C:2016:256 |
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Case C-522/14 Sparkasse Allgäu v Finanzamt Kempten
Reference for a preliminary ruling — Freedom of establishment — Article 49 TFEU — Legislation of a Member State requiring credit institutions to notify the tax authorities of deceased customers’ assets for purposes related to the collection of inheritance tax — Application of that legislation to branches established in another Member State in which banking secrecy prohibits, in principle, the disclosure of such information
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 26 November 2015
ECLI:EU:C:2015:786 |
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Judgment of the Court (Third Chamber) of 14 April 2016
ECLI:EU:C:2016:253 |
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Case C-441/14 DI v Estate of Karsten Eigil Rasmussen
Reference for a preliminary ruling — Social policy — Charter of Fundamental Rights of the European Union — Directive 2000/78/EC — Principle prohibiting discrimination on grounds of age — National legislation incompatible with the directive — Possibility for a private person to bring proceedings to establish the liability of the State for breach of EU law — Dispute between private persons — Balancing of various rights and principles — Principles of legal certainty and the protection of legitimate expectations — Role of the national court
Request for a preliminary ruling from the Højesteret
Language of the case: Danish
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Opinion of Advocate General Bot delivered on 25 November 2015
ECLI:EU:C:2015:776 |
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Judgment of the Court (Grand Chamber) of 19 April 2016
ECLI:EU:C:2016:278 |
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Case C-366/13 Profit Investment SIM v Ossi and Others
Reference for a preliminary ruling — Regulation (EC) No 44/2001 — Area of Freedom, Security and Justice — Concept of ‘irreconcilable judgments’ — Actions having different subject-matters brought against several defendants domiciled in various Member States — Conditions for the prorogation of jurisdiction — Jurisdiction clause — Concept of ‘matters relating to a contract’ — Verification of the lack of a valid contractual link
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Opinion of Advocate General Bot delivered on 23 April 2015
ECLI:EU:C:2015:274 |
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Judgment of the Court (First Chamber) of 20 April 2016
ECLI:EU:C:2016:282 |
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Case C-200/13 P Council v Bank Saderat Iran
Appeal — Common foreign and security policy — Combating nuclear proliferation — Restrictive measures taken against the Islamic Republic of Iran — Freezing of funds of an Iranian bank — Obligation to state reasons — Procedure for the adoption of the act — Manifest error of assessment
Language of the case: English
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Judgment of the Court (Fifth Chamber) of 21 April 2016
ECLI:EU:C:2016:284 |
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Case C-377/14 Radlinger and Radlingerová v Finway
Reference for a preliminary ruling — Directive 93/13/EEC — Article 7 — National rules governing insolvency proceedings — Debts arising from a consumer credit agreement — Effective judicial remedy — Point 1(e) of the annex — Disproportionate amount of compensation — Directive 2008/48/EC — Article 3(l) — Total amount of credit — Point I of Annex I — Amount of drawdown — Calculation of the annual percentage rate — Article 10(2) — Obligation to provide information — Ex officio examination — Penalty
Request for a preliminary ruling from the Krajský soud v Praze
Language of the case: Czech
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Opinion of Advocate General Sharpston delivered on 19 November 2015
ECLI:EU:C:2015:769 |
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Judgment of the Court (Third Chamber) of 21 April 2016
ECLI:EU:C:2016:283 |
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Case C-558/14 Khachab v Subdelegación del Gobierno en Álava
Reference for a preliminary ruling — Directive 2003/86/EC — Article 7(1)(c) — Family reunification — Requirements for the exercise of the right to family reunification — Stable and regular resources which are sufficient — National legislation permitting a prospective assessment of the likelihood that the sponsor will retain his resources — Compatibility
Request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Autónoma del País Vasco
Language of the case: Spanish
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Opinion of Advocate General Mengozzi delivered on 23 December 2015
ECLI:EU:C:2015:852 |
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Judgment of the Court (Fourth Chamber) of 21 April 2016
ECLI:EU:C:2016:285 |
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Case C-572/14 Austro-Mechana v Amazon EU and Others
Reference for a preliminary ruling — Regulation (EC) No 44/2001 — Jurisdiction in civil and commercial matters — Article 5(3) — Concept of ‘tort, delict or quasi-delict’ — Directive 2001/29/EC — Harmonisation of certain aspects of copyright and related rights in the information society — Article 5(2)(b) — Reproduction right — Exceptions and limitations — Reproduction for private use — Fair compensation — Non-payment — Whether included in the scope of Article 5(3) of Regulation (EC) No 44/2001
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Opinion of Advocate General Saugmandsgaard Øe delivered on 17 February 2016
ECLI:EU:C:2016:90 |
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Judgment of the Court (First Chamber) of 21 April 2016
ECLI:EU:C:2016:286 |
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Case C-528/14 X v Staatssecretaris van Financiën
Reference for a preliminary ruling — Common Customs Tariff — Regulation (EC) No 1186/2009 — Article 3 — Relief from import duties — Personal property — Transfer of residence from a third country to a Member State — Definition of ‘normal place of residence’ — Impossible to have at the same time a normal place of residence in a Member State and in a third country — Criteria for determining the normal place of residence
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Opinion of Advocate General Saugmandsgaard Øe delivered on 17 December 2015
ECLI:EU:C:2015:818 |
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Judgment of the Court (Fourth Chamber) of 27 April 2016
ECLI:EU:C:2016:304 |
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Case C-128/14 Staatssecretaris van Financiën v Het Oudeland Beheer
Reference for a preliminary ruling — Taxation — VAT — Taxable transactions — Application for the purposes of the business of goods acquired ‘in the course of the business’ — Treatment as supplies effected for consideration — Taxable amount
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Opinion of Advocate General Mengozzi delivered on 15 October 2015
ECLI:EU:C:2015:698 |
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Judgment of the Court (First Chamber) of 28 April 2016
ECLI:EU:C:2016:306 |
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Joined Cases C-191/14, C-192/14, C-295/14, C-389/14 and C-391/14 to C-393/14 Borealis Polyolefine and Others v Bundesminister für Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft and Others
References for a preliminary ruling — Scheme for greenhouse gas emission allowance trading in the European Union — Directive 2003/87/EC — Article 10a(5) — Method for allocating allowances — Free allocation of allowances — Method for calculating the uniform cross-sectoral correction factor — Decision 2011/278/EU — Article 15(3) — Decision 2013/448/EU — Article 4 — Annexe II — Validity
Requests for a preliminary ruling from the Landesverwaltungsgericht Niederösterreich, Raad van State and Tribunale Amministrativo Regionale per il Lazio
Languages of the case: German, Dutch and Italian
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Opinion of Advocate General Kokott delivered on 12 November 2015
ECLI:EU:C:2015:754 |
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Judgment of the Court (Second Chamber) of 28 April 2016
ECLI:EU:C:2016:311 |
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Case C-384/14 Alta Realitat v Erlock Film and Thomsen
Reference for a preliminary ruling — Cooperation in civil and commercial matters — Service of judicial and extrajudicial documents — Regulation (EC) No 1393/2007 — Article 8 — Failure to provide a translation of the document — Refusal to accept a document — Linguistic knowledge of the addressee of the document — Review by the judge hearing the matter in the Member State of origin
Request for a preliminary ruling from the Juzgado de Primera Instancia de Barcelona
Language of the case: Spanish
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Order of the Court (Tenth Chamber) of 28 April 2016
ECLI:EU:C:2016:316 |
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Case C-233/15 Oniors Bio v Valsts ieņēmumu dienests
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Common Customs Tariff — Tariff classification — Combined Nomenclature — Subheadings 1517 90 91 and 1518 00 31 — Mixture of fluid vegetable oil, unprocessed, non-volatile, composed of rapeseed oil (88%) and sunflower oil (12%)
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
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Judgment of the Court (Eighth Chamber) of 28 April 2016
ECLI:EU:C:2016:305 |
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Information (on unpublished decisions)
Joined Cases C-210/14 to C-214/14 Tomassi and Others v Procura Generale della Repubblica
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-433/14 Criminal proceedings against Rosa
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-434/14 Criminal proceedings against Mignone
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-435/14 Criminal proceedings against Barletta
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-436/14 Criminal proceedings against Cazzorla
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-437/14 Criminal proceedings against Seminario
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-462/14 Criminal proceedings against Carlucci
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-467/14 Criminal proceedings against Baldo
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-474/14 Criminal proceedings against Pontillo
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-495/14 Tita and Others v Ministero della Giustizia and Others
Reference for a preliminary ruling — Article 99 of the Court’s Rules of Procedure — Directive 89/665/EEC — Public procurement — National legislation — Fees for access to administrative proceedings in the field of public procurement — Right to an effective remedy — Dissuasive fees — Judicial review of administrative decisions — Principles of effectiveness and equivalence
Case C-534/14 Criminal proceedings against Gaiti and Others
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-556/14 P Holcim (Romania) v Commission
Appeal — Environment — Scheme for greenhouse gas emission allowance trading in the European Union — Directive 2003/87/EC — Articles 19 and 20 — Regulation (EC) No 2216/2004 — Article 10 — System of registries for transactions concerning emission allowances — Liability for fault — Commission’s refusal to disclose information on and to prohibit all transactions involving stolen emission allowances — Strict liability
Case C-65/15 Santoro v Procura della Repubblica
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-474/15 P Harper Hygienics v EUIPO
Appeal — Article 181 of the Rules of Procedure — Community trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) and (5) — Figurative mark containing the word elements ‘CLEANIC intimate’ — Application for registration — Earlier Community word marks CLINIQUE — Relative grounds for refusal — Likelihood of confusion
Case C-475/15 P Harper Hygienics v EUIPO
Appeal — Article 181 of the Rules of Procedure — Community trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) and (5) — Figurative mark containing the word elements ‘CLEANIC Kindii’ — Application for registration — Earlier Community word marks CLINIQUE — Relative grounds for refusal — Likelihood of confusion
Case C-504/15 Conti v Procura della Repubblica
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-653/15 P Bopp v EUIPO
Appeal — Article 181 of the Rules of Procedure — Community trade mark — Application for registration of a figurative sign representing an octagonal green frame as a Community trade mark — Absolute ground for refusal — Distinctive character — Regulation (EC) No 207/2009 — Article 7(1)(b)
Case C-8/16 Tonachella v Procura della Repubblica
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National legislation — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-100/15 P Netherlands Maritime Technology Association v Commission
Appeal — State aid — Spanish scheme of early depreciation of certain assets acquired through financial leasing — Decision finding no State aid — Formal investigation procedure not initiated — Insufficient and incomplete examination — Obligation to state reasons — Selectivity
Case C-328/15 Târșia v Statul român and Others
Reference for a preliminary ruling — Manifest lack of jurisdiction — Article 53(2) of the Rules of Procedure of the Court of Justice — Equal treatment and non-discrimination — Article 6(1) TEU — Charter of Fundamental Rights of the European Union — Articles 20, 21(1) and 52 — Directives 76/207/EEC and 2006/54/EC — National legislation providing for the grant of a salary increment only to university lecturers who obtained their academic title of doctor prior to the entry into force of that legislation
Case C-394/15 P Dalli v Commission
Appeal — OLAF investigation report concerning a Member of the European Commission — Alleged oral decision of the President of the Commission to terminate the term of office of the Commissioner concerned — Action for annulment and compensation
Case C-451/15 P Best-Lock (Europe) v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Three-dimensional trade mark in the shape of a toy figure with protrusion — Invalidity proceedings — Rejection
Case C-452/15 P Best-Lock (Europe) v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community trade mark — Three-dimensional trade mark in the shape of a toy figure with protrusion — Invalidity proceedings — Rejection
Case C-479/15 P Nanu-Nana Joachim Hoepp v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — Community trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Word mark NANU — Opposition by the proprietor of the word mark NAMMU — Partial refusal to register — Likelihood of confusion — Distortion of the facts — Inadequate statement of reasons
Case C-480/15 P KS Sports v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Regulation (EC) No 207/2009 — Application for registration of the word mark ALEX — Opposition by the proprietor of the national word marks ALEX and the national figurative mark containing the word element ‘ALEX’ — Rejection of the opposition — Article 75 — Right to be heard — Obligation to state reasons — Article 8(1)(b) — Likelihood of confusion — Similarity between products
Case C-515/15 P Roland v EUIPO
Appeal — Article 181 of the Rules of Procedure — EU trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Mark in the category ‘other’, consisting of a nuance of the colour red applied to the sole of a shoe — Opposition from the proprietor of the figurative mark registered internationally, containing the word elements ‘my SHOES’ — Rejection of the opposition
Case C-555/15 Gabarel v Fazenda Pública
Request for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Exemptions — Provision of medical care in the exercise of the medical and paramedical professions — Physiotherapy — Osteopathy
Case C-541/14 P Royal Scandinavian Casino Århus v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Actions for annulment — Article 263, fourth para., TFEU — Right to bring an action — Locus standi — Natural or legal persons — State aid — Decision declaring State aid compatible with the internal market — Act concerning the applicant individually — Regulatory act not requiring implementing measures
Case C-563/14 P Dansk Automat Brancheforening v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Actions for annulment — Article 263, fourth para., TFEU — Right to bring an action — Locus standi — Natural or legal persons — State aid — Decision declaring aid compatible with the internal market — Act concerning the applicant individually — Regulatory act not requiring implementing measures
Case C-227/15 P Cahier and Others v Council and Commission
Appeal — Non-contractual liability of the European Union — Regulation (EC) No 1493/1999 — Article 28(1) — Compulsory distillation of the quantities of wine obtained from dual-purpose vine varieties produced in excess of the normal quantity and not exported outside the Union — Regulation (EC) No 1623/2000 — Distillation carried out by the producer himself in his capacity as distiller — Production of spirits with designation of origin
Case C-232/15 P ultra air v EUIPO
Appeal — EU trade mark — EU word mark ultra.air ultrafilter — Invalidity proceedings — Absolute ground for refusal or for invalidity — Descriptive character — Regulation (EC) No 207/2009 — Article 7(1)(b) and (c) and Article 52(1)(a) — Declaration of invalidity by the Board of Appeal — Article 181 of the Rules of Procedure of the Court — Appeal in part manifestly inadmissible and in part manifestly unfounded
Joined Cases C-264/15 P and C-265/15 P Makro autoservicio mayorista and Vestel Iberia v Commission
Appeal — Rules of Procedure of the Court — Article 181 — Article 263 TFEU — Situation of a person not directly affected by the decision under appeal — Customs union — Subsequent entry in the accounts and remission of import duties — Reception apparatus for colour television sets from Turkey
Case C-279/15 P Borde and Carbonium v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Intra-ACP programme (African, Caribbean and Pacific States) of the Global Climate Change Alliance (GCCA) — European Commission’s request to terminate the mission of an expert chosen by the other contracting party — Action for annulment — Right to an effective judicial remedy
Case C-285/15 Beca Engineering v Ministero dell'Interno
Reference for a preliminary ruling — Article 99 of the Court’s Rules of Procedure — Free movement of goods — Directive 89/106/EEC — Construction products — Chimney linings — National legislation requiring chimneys to be made exclusively with non-combustible materials
Case C-462/15 Pudāns
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Common Agricultural Policy — Regulation (EC) No 73/2009 — Direct support schemes — Article 29(1) — Obligation to make payments in full to the beneficiaries — Income tax
Case C-35/16 P Matratzen Concord v EUIPO
Appeal — Article 181 Rules of Procedure — EU trade mark — Word mark Matratzen Concord — Relative ground for refusal — Opposition from the proprietor of the national word mark MATRATZEN — Likelihood of confusion — Regulation (EC) No 207/2009 — Article 8(1)(b) — Refusal in part of the registration — Proof of use of the earlier mark — Article 42(2)
May 2016
Case C-346/14 Commission v Austria
Failure of a Member State to fulfil obligations — Article 4(3) TEU — Article 288 TFEU — Directive 2000/60/EC — EU water policy — Article 4(1) — Prevention of deterioration of the status of bodies of surface water — Article 4(7) — Derogation from the prohibition of deterioration — Overriding public interest — Authorisation to construct a hydropower plant on the Schwarze Sulm River (Austria) — Deterioration of the water status
Language of the case: German
| Summary |
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Opinion of Advocate General Kokott delivered on 3 September 2015
ECLI:EU:C:2015:532 |
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Judgment of the Court (First Chamber) of 4 May 2016
ECLI:EU:C:2016:322 |
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Case C-358/14 Poland v Parliament and Council
Action for annulment — Approximation of laws — Directive 2014/40/EU — Article 2(25), Article 6(2)(b), Article 7(1) to (5), the first sentence of Article 7(7), Article 7(12) to (14) and Article 13(1)(c) — Validity — Manufacture, presentation and sale of tobacco products — Prohibition on the placing on the market of tobacco products with characterising flavours — Tobacco products containing menthol — Legal basis — Article 114 TFEU — Principle of proportionality — Principle of subsidiarity
Language of the case: Polish
| Summary |
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Opinion of Advocate General Kokott delivered on 23 December 2015
ECLI:EU:C:2015:848 |
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Judgment of the Court (Second Chamber) of 4 May 2016
ECLI:EU:C:2016:323 |
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Case C-477/14 Pillbox 38 v Secretary of State for Health
Reference for a preliminary ruling — Approximation of laws — Directive 2014/40/EU — Article 20 — Electronic cigarettes and refill containers — Validity — Principle of equal treatment — Principles of proportionality and legal certainty — Principle of subsidiarity — Charter of Fundamental Rights of the European Union — Articles 16 and 17
Request for a preliminary ruling from the High Court of Justice, Queen's Bench Division (Administrative Court)
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 23 December 2015
ECLI:EU:C:2015:854 |
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Judgment of the Court (Second Chamber) of 4 May 2016
ECLI:EU:C:2016:324 |
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Case C-547/14 Philip Morris Brands and Others v Secretary of State for Health
Reference for a preliminary ruling — Approximation of laws — Directive 2014/40/EU — Articles 7, 18 and 24(2) and (3) — Articles 8(3), 9(3), 10(1)(a), (c) and (g), 13 and 14 — Manufacture, presentation and sale of tobacco products — Validity — Legal basis — Article 114 TFEU — Principle of proportionality — Principle of subsidiarity — Fundamental rights of the European Union — Freedom of expression — Charter of Fundamental Rights of the European Union — Article 11
Request for a preliminary ruling from the High Court of Justice, Queen's Bench Division (Administrative Court)
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 23 December 2015
ECLI:EU:C:2015:853 |
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Judgment of the Court (Second Chamber) of 4 May 2016
ECLI:EU:C:2016:325 |
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Case C-520/14 Gemeente Borsele v Staatssecretaris van Financiën and Staatssecretaris van Financiën v Gemeente Borsele
Reference for a preliminary ruling — Value added tax — Directive 2006/112/EC — Articles 2(1)(c) and 9(1) — Taxable persons — Economic activities — Definition — Transport of schoolchildren
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 23 December 2015
ECLI:EU:C:2015:855 |
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Judgment of the Court (Fifth Chamber) of 12 May 2016
ECLI:EU:C:2016:334 |
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Joined Cases C-532/14 and C-533/14 Toorank Productions v Staatssecretaris van Financiën
References for a preliminary ruling — Common Customs Tariff — Classification for customs purposes — Combined Nomenclature — Tariff heading 2206 — Tariff heading 2208 — Alcoholic beverages obtained through fermentation followed by purification — Addition of additives to alcoholic beverages obtained through fermentation followed by purification — Beverages which have lost the properties of beverages falling under tariff heading 2206
Requests for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 19 January 2016
ECLI:EU:C:2016:23 |
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Judgment of the Court (First Chamber) of 12 May 2016
ECLI:EU:C:2016:337 |
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Case C-281/15 Sahyouni v Mamisch
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Judicial cooperation in civil matters — Regulation (EU) No 1259/2010 — Scope — Recognition of a private divorce pronounced by a religious court in a third country — Manifest lack of jurisdiction of the Court
Request for a preliminary ruling from the Oberlandesgericht München
Language of the case: German
| Summary |
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Order of the Court (First Chamber) of 12 May 2016
ECLI:EU:C:2016:343 |
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Joined Cases C-692/15 to C-694/15 Security Service and Others v Ministero dell'Interno and Others
Reference for a preliminary ruling — Rules of Procedure of the Court of Justice — Article 53(2) — Freedom of establishment and freedom to provide services — Purely internal situation — Court’s manifest lack of jurisdiction
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Order of the Court (First Chamber) of 12 May 2016
ECLI:EU:C:2016:344 |
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Case C-396/14 MT Højgaard and Züblin v Banedanmark
Reference for a preliminary ruling — Article 267 TFEU — Jurisdiction of the Court — Status of the referring body as a court or tribunal — Procurement procedure in railway infrastructure sector — Negotiated procedure — Directive 2004/17/EC — Article 10 — Article 51(3) — Principle of equal treatment of tenderers — Group composed of two companies and admitted as such as a tenderer — Tender submitted by one of the two companies, in its own name, the other company having been declared insolvent — Company considered to be capable, by itself, of being admitted as a tenderer — Contract awarded to that company
Request for a preliminary ruling from the Klagenævnet for Udbud
Language of the case: Danish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 25 November 2015
ECLI:EU:C:2015:774 |
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Judgment of the Court (Grand Chamber) of 24 May 2016
ECLI:EU:C:2016:347 |
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Case C-108/16 PPU Openbaar Ministerie v Dworzecki
Request for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 4a(1) — Surrender procedures between Member States — Conditions of execution — Reasons for optional non-execution — Exceptions — Mandatory execution — Sentence handed down in absentia — Concepts of ‘summons in person’ and ‘official notification by other means — Autonomous concepts of EU law
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bobek delivered on 11 May 2016
ECLI:EU:C:2016:333 |
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Judgment of the Court (Fourth Chamber) of 24 May 2016
ECLI:EU:C:2016:346 |
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Case C-559/14 Meroni v Recoletos
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Recognition and enforcement of provisional and protective measures — Concept of ‘public policy’
Request for a preliminary ruling from the Augstākā tiesa Civillietu departaments
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Kokott delivered on 25 February 2016
ECLI:EU:C:2016:120 |
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Judgment of the Court (First Chamber) of 25 May 2016
ECLI:EU:C:2016:349 |
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Joined Cases C-260/14 and C-261/14 Județul Neamț and Județul Bacău v Ministerul Dezvoltării Regionale și Administrației Publice
Reference for a preliminary ruling — Protection of the financial interests of the European Union — Regulation (EC, Euratom) No 2988/95 — European Regional Development Fund (ERDF) — Regulation (EC) No 1083/2006 — Award of a contract by the beneficiary of funds acting as contracting authority for the performance of the action eligible for funding — Definition of ‘irregularity’ — Criterion relating to ‘breach of EU law’ — Tendering procedures contrary to national law — Nature of financial corrections adopted by Member States –Administrative measures or penalties
References for a preliminary ruling from the Curtea de Apel Bacău
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Bot delivered on 14 January 2016
ECLI:EU:C:2016:7 |
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Judgment of the Court (Fifth Chamber) of 26 May 2016
ECLI:EU:C:2016:360 |
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Case C-550/14 Envirotec Denmark v Skatteministeriet
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Reverse charge mechanism — Article 198(2) — Gold material or semi-manufactured products — Meaning — Article 199(1)(d) and Annex VI — Used materials, waste and scrap — Ingots resulting from the melting down of various objects and scrap used to enable the extraction of gold and with a purity in gold of 325 thousandths or greater
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Kokott delivered on 17 December 2015
ECLI:EU:C:2015:822 |
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Judgment of the Court (Second Chamber) of 26 May 2016
ECLI:EU:C:2016:354 |
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Case C-607/14 Bookit v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Exemption — Article 135(1)(d) — Transactions concerning payments and transfers — Meaning — Purchase of cinema tickets by telephone or via the Internet — Payment by debit card or credit card – ‘Card handling’ services
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
| Summary |
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Judgment of the Court (Second Chamber) of 26 May 2016
ECLI:EU:C:2016:355 |
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Case C-48/15 État belge, SPF Finances v NN (L) International
Reference for a preliminary ruling — Direct taxation — Free movement of capital — Freedom to provide services — Directive 69/335/EEC — Articles 2, 4, 10 and 11 — Directive 85/611/EEC — Articles 10 and 293 EC — Annual tax on undertakings for collective investment — Double taxation — Penalties applicable to collective investment undertakings governed by foreign law
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
| Summary |
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Opinion of Advocate General Bobek delivered on 21 January 2016
ECLI:EU:C:2016:45 |
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Judgment of the Court (Second Chamber) of 26 May 2016
ECLI:EU:C:2016:356 |
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Case C-198/15 Invamed Group and Others v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Section XVII — Vehicles — Chapter 87 — Vehicles other than railway or tramway rolling stock, and parts and accessories thereof — Headings 8703 and 8713 — Vehicles with battery-powered electric motors — Definition of ‘disabled persons’
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
| Summary |
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Judgment of the Court (Tenth Chamber) of 26 May 2016
ECLI:EU:C:2016:362 |
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Case C-224/15 P Rose Vision v Commission
Appeal — Projects funded by the European Union in the field of research — Audits finding irregularities in the implementation of certain projects — Commission decisions suspending payment of the amounts payable under certain projects — Action for compensation — Rejection — Statement of reasons
Language of the case: Spanish
| Summary |
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Judgment of the Court (Third Chamber) of 26 May 2016
ECLI:EU:C:2016:358 |
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Case C-244/15 Commission v Greece
Failure of a Member State to fulfil obligations — Taxation — Free movement of capital — Article 63 TFEU — Article 40 of the EEA Agreement — Inheritance tax — Legislation of a Member State providing for an exemption from inheritance tax relating to the primary residence on condition that the heir is permanently resident in that Member State — Restriction — Justification
Language of the case: Greek
| Summary |
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Judgment of the Court (Seventh Chamber) of 26 May 2016
ECLI:EU:C:2016:359 |
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Case C-262/15 GD European Land Systems - Steyr v Zollamt Eisenstadt Flughafen Wien
Reference for a preliminary ruling — Common Customs Tariff — Classification of goods — Regulation (EEC) No 2658/87 — Combined Nomenclature — Heading 8710 and Subheading 9305 91 00 — Note 3 to Section XVII and point (c) of note 1 to Chapter 93 — Tanks and other armoured fighting vehicles — Military weapons — Classification of a turret system
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber) of 26 May 2016
ECLI:EU:C:2016:365 |
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Case C-273/15 Ezernieki v Lauku atbalsta dienests
Reference for a preliminary ruling — Agriculture — European Agricultural Guidance and Guarantee Fund — Regulations (EC) Nos 1257/1999 and 817/2004 — Support for rural development — Recovery of undue payments — Increase of the area declared during the five-year commitment period above the threshold provided for — Replacement of the original commitment by a new commitment — Non-compliance by the beneficiary with the obligation to submit an annual application for payment of aid — National legislation requiring the repayment of all aid paid over several years — Principle of proportionality — Articles 17 and 52 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
| Summary |
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Judgment of the Court (Eighth Chamber) of 26 May 2016
ECLI:EU:C:2016:364 |
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Case C-286/15 Valsts ieņēmumu dienests v Latvijas propāna gāze
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Heading 2711 — Petroleum gases and other gaseous hydrocarbons — Material giving the essential character — Liquefied petroleum gas
Request for a preliminary ruling from the Augstākā tiesa Administratīvo lietu departaments
Language of the case: Latvian
| Summary |
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Judgment of the Court (Seventh Chamber) of 26 May 2016
ECLI:EU:C:2016:363 |
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Case C-300/15 Kohll and Kohll-Schlesser v Directeur de l'administration des contributions directes
Reference for a preliminary ruling — Articles 21 TFEU and 45 TFEU — Freedom of movement and of residence of persons and workers — Income tax — Retirement pension — Pensioners’ tax credit — Conditions for granting — Possession of a tax deduction form issued by national authorities
Request for a preliminary ruling from the Tribunal administratif (Luxembourg)
Language of the case: French
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 16 February 2016
ECLI:EU:C:2016:86 |
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Judgment of the Court (Tenth Chamber) of 26 May 2016
ECLI:EU:C:2016:361 |
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Case C-117/15 Reha Training Gesellschaft für Sport- und Unfallrehabilitation v GEMA
Reference for a preliminary ruling — Intellectual property — Copyright and related rights — Directive 2001/29/EC — Article 3(1) — Directive 2006/115/EC — Article 8(2) — Concept of ‘communication to the public’ — Installation of television sets by the operator of a rehabilitation centre making it possible for patients to watch television programmes
Request for a preliminary ruling from the Landgericht Köln
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 23 February 2016
ECLI:EU:C:2016:109 |
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Judgment of the Court (Grand Chamber) of 31 May 2016
ECLI:EU:C:2016:379 |
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Information (on unpublished decisions)
Case C-602/15 P Monster Energy v EUIPO
Appeal — Article 181 of the Rules of Procedure — EU trade mark — Grounds which are manifestly inadmissible or manifestly unfounded
Case C-603/15 P Monster Energy v EUIPO
Appeal — Article 181 of the Rules of Procedure — EU trade mark — Grounds which are manifestly inadmissible or manifestly unfounded
Case C-607/15 P Pannonhalmi Főapátság v Parliament
Appeal — Article 181 of the Rules of Procedure of the Court — Actions for annulment — Petition made to the European Parliament — Ownership of a castle in Rusovce (Slovak Republic) — Questions not falling within the scope of activity of the European Union — Decision to take no further action regarding the petition — Statement of reasons
Case C-636/15 P August Storck v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Word sign ‘2good’ — Mark consisting of an advertising slogan — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute ground for refusal — No distinctive character
Case C-358/15 P Bank of Industry and Mine v Council
Appeal — Restrictive measures taken against Iran — List of persons and entities subject to the freezing of funds and economic resources — Implementing Regulation (EU) No 945/2012 — Legal basis — Criterion relating to the provision of material, logistical or financial support to the Government of Iran — Part of the profits of a State company paid to the Iranian State
Case C-500/15 P TVR Italia v EUIPO
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Order of the Court (Ninth Chamber) of 12 May 2016 ECLI:EU:C:2016:345 |
Case C-353/15 Leonmobili and Leone v Homag Holzbearbeitungssysteme and Others
Reference for a preliminary ruling — Regulation (EC) No 1346/2000 — Article 3(1) and (2) — Insolvency proceedings — International jurisdiction — Centre of a debtor’s main interests — Transfer of a company’s registered office to another Member State — No establishment in the Member State of origin — Presumption that the centre of main interests is the place of the new registered office — Proof to the contrary
Case C-63/16 P Actega Terra v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Invalidity proceedings — Word mark FoodSafe — Absolute ground for refusal — Descriptive character — Regulation (EC) No 207/2009 — Article 7(1)(c)
Case C-130/15 Commissioners for Her Majesty's Revenue and Customs v National Exhibition Centre
Reference for a preliminary ruling — Common system of value added tax — Sixth Directive 77/388/EEC — Exemption — Article 13B(d)(3) — Transactions in respect of payments and transfers — Concept — Purchase of tickets for shows or other events — Payment by debit or credit card — ‘Card processing services’
Case C-578/15 P Dairek Attoumi v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — Community designs — Registered Community design DIESEL — Earlier international word mark DIESEL — Regulation (EC) No 6/2002 — Article 25(1)(e) — Invalidity proceedings
Case C-639/15 P Gat Microencapsulation v EUIPO
Appeal — Article 181 of the Rules of Procedure — European Union word mark KARIS — Regulation (EC) No 207/2009 — Article 8(1)(b) — Refusal in part of the application for registration — Appeal manifestly inadmissible
Case C-77/16 P Hewlett Packard Development Company v EUIPO
Appeal — Article 181 of the Rules of Procedure — EU trade mark — Word mark FORTIFY — Absolute ground for refusal — Descriptive character — Regulation (EC) No 207/2009 — Article 7(1)(c)
Case C-450/14 P Isotis v Commission
Appeal — Rules of Procedure of the Court of Justice — Article 181 — Arbitration clause — Contracts concluded under the Sixth Framework Programme for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to Innovation (2002 to 2006), the eTEN Programme relating to trans-European telecommunications networks and the Competitiveness and Innovation Framework Programme (2007 to 2013) — Audit report finding the costs incurred to be ineligible — Request for reimbursement of the subsidies paid — Fixed allowance — Actions for annulment — Counterclaim
June 2016
Case C-241/15 Bob-Dogi
Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 8(1)(c) — Obligation to include in the European arrest warrant information concerning the existence of an ‘arrest warrant’ — No national arrest warrant issued prior to and separately from the European arrest warrant — Effect
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Bot delivered on 2 March 2016
ECLI:EU:C:2016:131 |
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Judgment of the Court (Second Chamber) of 1 June 2016
ECLI:EU:C:2016:385 |
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Case C-205/14 Commission v Portugal
Failure of a Member State to fulfil obligations — Air transport — Regulation (EEC) No 95/93 — Allocation of slots at European Union airports — Article 4(2) — Independence of the coordinator — Concept of ‘interested party’ — Airport managing body — Functional separation — System of financing
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Mengozzi delivered on 17 September 2015
ECLI:EU:C:2015:622 |
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Judgment of the Court (Fifth Chamber) of 2 June 2016
ECLI:EU:C:2016:393 |
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Joined Cases C-226/14 and C-228/14 Eurogate Distribution v Hauptzollamt Hamburg-Stadt and DHL Hub Leipzig v Hauptzollamt Braunschweig
References for a preliminary ruling — Value added tax — Customs warehousing — External transit procedure — Incurrence of a customs debt as a result of non-fulfilment of an obligation — Chargeability of value added tax
References for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 12 January 2016
ECLI:EU:C:2016:1 |
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Judgment of the Court (First Chamber) of 2 June 2016
ECLI:EU:C:2016:405 |
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Case C-233/14 Commission v Netherlands
Failure of a Member State to fulfil obligations — Articles 18 TFEU, 20 TFEU and 21 TFEU — Citizenship of the Union — Right to move and reside freely — Discrimination on grounds of nationality ‐ Financial support for travel costs awarded to national students — Directive 2004/38/EC — Article 24(2) — Derogation from the principle of equal treatment — Maintenance aid for studies consisting in student grants or student loans — Scope — Formal requirements of the application initiating proceedings — Coherent statement of the pleas in law
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 26 January 2016
ECLI:EU:C:2016:50 |
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Judgment of the Court (First Chamber) of 2 June 2016
ECLI:EU:C:2016:396 |
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Case C-252/14 Pensioenfonds Metaal en Techniek v Skatteverket
Reference for a preliminary ruling — Free movement of capital — Article 63 TFEU — Taxation of pension funds’ income — Difference in treatment of resident and non-resident pension funds — Resident pension funds subject to lump sum taxation on the basis of a notional yield — Withholding tax applied to dividends received by non-resident pension funds — Whether comparable
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Szpunar delivered on 10 September 2015
ECLI:EU:C:2015:571 |
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Judgment of the Court (First Chamber) of 2 June 2016
ECLI:EU:C:2016:402 |
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Case C-355/14 Polihim-SS v Mitnitsa – Svishtov
Reference for a preliminary ruling — Indirect taxation — Excise duties — Directive 2008/118/EC — Chargeability of excise duties — Article 7(2) — Concept of ‘departure of excise goods from a duty suspension arrangement’ — Taxation of energy products and electricity — Directive 2003/96/EC — Article 14(1)(a) — Use of energy products to produce electricity — Purchase and resale by an intermediate purchaser of energy products located in a tax warehouse — Direct delivery of energy products to an operator for the production of electricity — Indication of the intermediate purchaser as the ‘consignee’ of the products in the tax documents — Infringement of the requirements of national law as regards exemption from excise duty — Refusal of exemption — Proof of the use of the products in circumstances permitting exemption from excise duty — Proportionality
Request for a preliminary ruling from the Аdministrativen sad Pleven
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Ninth Chamber) of 2 June 2016
ECLI:EU:C:2016:403 |
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Case C-410/14 Falk Pharma v DAK-Gesundheit
Reference for a preliminary ruling — Public contracts — Directive 2004/18/EC — Article 1(2)(a) — Concept of ‘public contract’ — Scheme for acquiring goods consisting of the authorisation as a supplier of any economic operator who meets the predetermined criteria — Supply of medicinal products that are refundable under a general social security scheme — Contracts concluded between a statutory health insurance fund and all the suppliers of medicinal products based on a given active ingredient who consent to a rebate on the sale price at a predetermined rate — Legislation providing, in principle, for the substitution of a refundable medicinal product marketed by an operator not having concluded such a contract by a medicinal product of the same type marketed by an operator having concluded such a contract
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Judgment of the Court (Fifth Chamber) of 2 June 2016
ECLI:EU:C:2016:399 |
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Case C-418/14 ROZ-ŚWIT v Dyrektor Izby Celnej we Wrocławiu
Reference for a preliminary ruling — Excise duties — Directive 2003/96/EC — Differentiated rates of excise duty for motor fuels and heating fuels — Condition for the application of the rate for heating fuels — Submission of a monthly list of statements that the products purchased are for heating purposes — Application of the rate of excise duty laid down for motor fuels where that list is not submitted — Principle of proportionality
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu
Language of the case: Polish
| Summary |
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Judgment of the Court (Ninth Chamber) of 2 June 2016
ECLI:EU:C:2016:400 |
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Case C-438/14 Bogendorff von Wolffersdorff v Standesamt der Stadt Karlsruhe and Zentraler Juristischer Dienst der Stadt Karlsruhe
Reference for a preliminary ruling — Citizenship of the Union — Article 21 TFEU — Freedom to move and reside in the Member States — Law of a Member State abolishing privileges and prohibiting the conferring of new noble titles — Surname of an adult, national of that State, obtained during a habitual residence in another Member State of which that person also holds the nationality — Name comprising tokens of nobility — Residence in the first Member State — Refusal by the authorities of the first Member State to enter the name acquired in the second Member State in the register of civil status — Justification — Public policy — Incompatibility with the essential principles of German law
Request for a preliminary ruling from the Amtsgericht Karlsruhe
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 14 January 2016
ECLI:EU:C:2016:11 |
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Judgment of the Court (Second Chamber) of 2 June 2016
ECLI:EU:C:2016:401 |
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Case C-27/15 Pizzo v CRGT
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Participation in a call for tenders — Possibility of relying on the capacities of other undertakings in order to satisfy the necessary criteria — Failure to pay a fee not expressly provided for — Exclusion from the contract without the possibility of rectifying that omission
Request for a preliminary ruling from the Consiglio di Giustizia amministrativa per la Regione siciliana
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 21 January 2016
ECLI:EU:C:2016:48 |
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Judgment of the Court (Sixth Chamber) of 2 June 2016
ECLI:EU:C:2016:404 |
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Case C-81/15 Kapnoviomichania Karelia v Ypourgos Oikonomikon
Reference for a preliminary ruling — Taxation — General arrangements governing excise duty — Directive 92/12/EEC — Manufactured tobacco moving under an excise duty suspension arrangement — Liability of the authorised warehousekeeper — Whether Member States may make the authorised warehousekeeper jointly and severally liable for the payment of sums corresponding to the financial penalties imposed on those engaged in smuggling — Principles of proportionality and legal certainty
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
| Summary |
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Opinion of Advocate General Bot delivered on 28 January 2016
ECLI:EU:C:2016:66 |
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Judgment of the Court (Sixth Chamber) of 2 June 2016
ECLI:EU:C:2016:398 |
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Case C-122/15 Proceedings brought by C
Reference for a preliminary ruling — Social policy — Principles of equal treatment and non-discrimination on grounds of age — Directive 2000/78/EC — Equal treatment in employment and occupation — Articles 2, 3 and 6 — Difference in treatment on grounds of age — National legislation providing, in certain situations, for higher taxation of pension income than earned income — Scope of application of Directive 2000/78 — Competence of the European Union in the field of direct taxation
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Kokott delivered on 28 January 2016
ECLI:EU:C:2016:65 |
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Judgment of the Court (First Chamber) of 2 June 2016
ECLI:EU:C:2016:391 |
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Case C-263/15 Lajvér v NAV
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Article 9(1) — Definition of ‘taxable person for the purposes of value added tax’ and ‘economic activity’ — Article 24(1) — Definition of ‘supply of services’ — Agricultural engineering works — Construction and operation of a water disposal system by a non-profit company — Effect of the works being funded by means of State and EU aid
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Eighth Chamber) of 2 June 2016
ECLI:EU:C:2016:392 |
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Case C-50/16 Grodecka v Konieczka and Others
Reference for a preliminary ruling — Freedom of establishment — Fundamental rights — Respect for the right to property — Special succession scheme concerning agricultural holdings — Charter of Fundamental Rights of the European Union — Scope — Implementation of EU law — Lack — Facts in the main proceedings predating the accession of the Member State concerned to the European Union — Clear lack of jurisdiction of the Court
Request for a preliminary ruling from the Sąd Rejonowy w Koninie
Language of the case: Polish
| Summary |
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Order of the Court (Tenth Chamber) of 2 June 2016
ECLI:EU:C:2016:406 |
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Case C-47/15 Affum v Préfet du Pas-de-Calais and Procureur général
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures for returning illegally staying third-country nationals — Police custody — National legislation providing for a sentence of imprisonment in the event of illegal entry — Situation of ‘transit’ — Multilateral readmission arrangement
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Opinion of Advocate General Szpunar delivered on 2 February 2016
ECLI:EU:C:2016:68 |
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Judgment of the Court (Grand Chamber) of 7 June 2016
ECLI:EU:C:2016:408 |
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Case C-63/15 Ghezelbash v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national — Article 12 — Issue of residence documents or visas — Article 27 — Remedies — Extent of judicial scrutiny
Request for a preliminary ruling from the Rechtbank Den Haag
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 17 March 2016
ECLI:EU:C:2016:186 |
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Judgment of the Court (Grand Chamber) of 7 June 2016
ECLI:EU:C:2016:409 |
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Case C-155/15 Karim v Migrationsverket
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determining the Member State responsible for examining applications for asylum lodged in one of the Member States by a third-country national — Article 18 — Taking back an asylum seeker whose application is under examination — Article 19 — Cessation of responsibilities — Absence from the territory of the Member States for a period of at least three months — New procedure for determining the Member State responsible — Article 27 — Remedy — Extent of judicial review
Request for a preliminary ruling from the Kammarrätten i Stockholm - Migrationsöverdomstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Sharpston delivered on 17 March 2016
ECLI:EU:C:2016:189 |
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Judgment of the Court (Grand Chamber) of 7 June 2016
ECLI:EU:C:2016:410 |
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Case C-479/14 Hünnebeck v Finanzamt Krefeld
Reference for a preliminary ruling — Free movement of capital — Articles 63 TFEU and 65 TFEU — Gift tax — Gift of immovable property situated within national territory — National law providing for a higher tax-free allowance for residents than for non-residents — Existence of an optional regime allowing any person resident in an EU Member State to benefit from the higher tax-free allowance
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 18 February 2016
ECLI:EU:C:2016:100 |
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Judgment of the Court (First Chamber) of 8 June 2016
ECLI:EU:C:2016:412 |
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Case C-608/13 P CEPSA v Commission
Appeal — Agreements, decisions and concerted practices — Article 81 EC — Spanish market for penetration bitumen — Market sharing and price coordination — Excessive duration of the proceedings before the General Court of the European Union — Excessive duration of the procedure before the European Commission — Appeal on the costs
Language of the case: Spanish
| Summary |
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Judgment of the Court (Fifth Chamber) of 9 June 2016
ECLI:EU:C:2016:414 |
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Case C-616/13 P PROAS v Commission
Appeal — Agreements, decisions and concerted practices — Article 81 EC — Spanish market for penetration bitumen — Market sharing and price coordination — Excessive duration of the proceedings before the General Court of the European Union — Excessive duration of the procedure before the European Commission — Appeal on the costs
Language of the case: Spanish
| Summary |
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Judgment of the Court (Fifth Chamber) of 9 June 2016
ECLI:EU:C:2016:415 |
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Case C-617/13 P Repsol Lubricantes y Especialidades and Others v Commission
Appeal — Article 81 EC — Agreements, decisions and concerted practices — Spanish market for penetration bitumen — Market sharing and price coordination — Notice on immunity from fines and reduction of fines in cartel cases (2002) — Final paragraph of point 23(b) — Partial immunity from fines — Evidence of facts previously unknown to the Commission
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Jääskinen delivered on 16 July 2015
ECLI:EU:C:2015:487 |
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Judgment of the Court (Fifth Chamber) of 9 June 2016
ECLI:EU:C:2016:416 |
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Case C-287/14 Eurospeed v Szegedi Törvényszék
Reference for a preliminary ruling — Road transport — Regulation (EC) No 561/2006 — Driver’s liability for infringements of the obligation to use a tachograph
Request for a preliminary ruling from the Gyulai Törvényszék
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Sixth Chamber) of 9 June 2016
ECLI:EU:C:2016:420 |
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Case C-332/14 Wolfgang und Dr. Wilfried Rey Grundstücksgemeinschaft GbR v Finanzamt Krefeld
Reference for a preliminary ruling — Taxation — Value added tax — Directive 77/388/EEC — Third subparagraph of Article 17(5) — Field of application — Deduction of input tax — Goods and services used for both taxable and exempt transactions (mixed-use goods and services) — Determination of the assignation of goods and services purchased for the construction, use, conservation and maintenance of a building that serves to carry out, in part, transactions in respect of which VAT is deductible and, in part, transactions in respect of which VAT is not deductible — Amendment of the national legislation laying down the method of calculating the deductible proportion — Article 20 — Adjustment of deductions — Legal certainty — Legitimate expectations
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 25 November 2015
ECLI:EU:C:2015:777 |
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Judgment of the Court (Fourth Chamber) of 9 June 2016
ECLI:EU:C:2016:417 |
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Case C-470/14 EGEDA and Others v Administración del Estado and Ametic
Reference for a preliminary ruling — Intellectual and industrial property — Copyright and related rights — Directive 2001/29/EC — Article 5(2)(b) — Reproduction right — Exceptions and limitations — Private copying — Fair compensation — Financing from the General State Budget — Whether permissible — Conditions
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Szpunar delivered on 19 January 2016
ECLI:EU:C:2016:24 |
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Judgment of the Court (Fourth Chamber) of 9 June 2016
ECLI:EU:C:2016:418 |
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Case C-481/14 Hansson v Jungpflanzen Grünewald
Reference for a preliminary ruling — Intellectual and industrial property — Community plant variety rights — Regulation (EC) No 2100/94 — Infringement — Reasonable compensation — Compensation for damage — Costs of proceedings and out-of-court expenses
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 4 February 2016
ECLI:EU:C:2016:73 |
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Judgment of the Court (Fifth Chamber) of 9 June 2016
ECLI:EU:C:2016:419 |
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Case C-586/14 Budișan v Administrația Județeană a Finanțelor Publice Cluj
Reference for a preliminary ruling — Internal taxation — Article 110 TFEU — Tax levied by a Member State on motor vehicles at the time of their first registration or of the first transfer of the right of ownership — Fiscal neutrality as between second-hand motor vehicles imported from other Member States and similar motor vehicles available on the domestic market
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
| Summary |
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Judgment of the Court (Ninth Chamber) of 9 June 2016
ECLI:EU:C:2016:421 |
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Case C-25/15 Proceedings brought by Balogh
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Right to interpretation and translation — Directive 2010/64/EU — Scope — Definition of criminal proceedings — Procedure laid down by a Member State for the recognition of a decision in criminal proceedings handed down by a court in another Member State and for the entry in the criminal record of the conviction handed down by that court — Costs in connection with the translation of that decision — Framework Decision 2009/315/JHA — Decision 2009/316/JHA
Request for a preliminary ruling from the Budapest Környéki Törvényszék
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Bot delivered on 20 January 2016
ECLI:EU:C:2016:29 |
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Judgment of the Court (Fifth Chamber) of 9 June 2016
ECLI:EU:C:2016:423 |
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Case C-69/15 Nutrivet v Országos Környezetvédelmi és Természetvédelmi Főfelügyelőség
References for a preliminary ruling — Environment — Waste — Transfers — Regulation (EC) No 1013/2006 — Article 2(35)(g)(iii) — Illegal shipment — Incorrect or inconsistent information entered in the document listed in Annex VII to that regulation — Article 50(1) — Penalties applicable in the event of infringement of the provisions of that regulation — Proportionality
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Fourth Chamber) of 9 June 2016
ECLI:EU:C:2016:425 |
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Case C-158/15 Elektriciteits Produktiemaatschappij Zuid-Nederland EPZ v Bestuur van de Nederlandse Emissieautoriteit
Reference for a preliminary ruling — Atmospheric pollution — Scheme for greenhouse gas emission allowance trading — Directive 2003/87/EC — Concept of ‘installation’ — Inclusion of the fuel storage site — Regulation (EU) No 601/2012 — Concept of ‘fuel exported from the installation’
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 3 March 2016
ECLI:EU:C:2016:139 |
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Judgment of the Court (Sixth Chamber) of 9 June 2016
ECLI:EU:C:2016:422 |
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Case C-288/15 MIS v Hauptzollamt München
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Common Customs Tariff — Tariff classification — Subheading 6211 33 10 00 0 — Aprons — Anti-radiation protective coats
Request for a preliminary ruling from the Finanzgericht München
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 9 June 2016
ECLI:EU:C:2016:424 |
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Joined Cases C-333/15 and C-334/15 Planes Bresco v Comunidad Autónoma de Aragón
References for a preliminary ruling — Common agricultural policy — Integrated administration and control system for certain aid schemes — Regulation (EC) No 1782/2003 — Single payment scheme — Articles 43 and 44 — Payment entitlements based on areas — Hectares eligible for area aid — Permanent pasture — National legislation making the eligibility of permanent pasture areas which exceed the forage areas initially taken into account for the purposes of determining the payment entitlements subject to conditions that they be used for the purposes of rearing livestock on the farm
References for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Kokott delivered on 10 March 2016
ECLI:EU:C:2016:159 |
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Judgment of the Court (Eighth Chamber) of 9 June 2016
ECLI:EU:C:2016:426 |
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Joined Cases C-78/16 and C-79/16 Pesce and Others v Presidenza del Consiglio dei Ministri - Dipartimento della Protezione Civile and Others
References for a preliminary ruling — Protection of plant health — Directive 2000/29/EC — Protection against the introduction into and spread within the European Union of organisms harmful to plants or plant products — Implementing Decision (EU) 2015/789 — Measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells and Raju) — Article 6(2)(a) — Obligation to remove host plants immediately, regardless of their health status, within a radius of 100 meters around the infected plants — Validity — Article 16(3) of Directive 2000/29 — Principle of proportionality — Precautionary principle — Obligation to state reasons — Right to compensation
References for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
| Summary |
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Opinion of Advocate General Bot delivered on 12 May 2016
ECLI:EU:C:2016:340 |
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Judgment of the Court (First Chamber) of 9 June 2016
ECLI:EU:C:2016:428 |
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Case C-263/14 Parliament v Council
Action for annulment — Common foreign and security policy (CFSP) –Decision 2014/198/CFSP — Agreement between the European Union and the United Republic of Tanzania on the conditions of transfer of suspected pirates and associated seized property from the European Union-led naval force to the United Republic of Tanzania — Choice of legal basis — Obligation to inform the European Parliament immediately and fully at all stages of the procedure of negotiation and conclusion of international agreements — Maintenance of the effects of the decision in the event of annulment
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 28 October 2015
ECLI:EU:C:2015:729 |
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Judgment of the Court (Grand Chamber) of 14 June 2016
ECLI:EU:C:2016:435 |
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Case C-308/14 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Coordination of social security systems — Regulation (EC) No 883/2004 — Article 4 — Equal treatment as regards access to social security benefits — Right of residence — Directive 2004/38/EC — National legislation under which child benefit and child tax credit are not granted to nationals of other Member States who do not have a right of lawful residence
Language of the case: English
| Summary |
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Opinion of Advocate General Cruz Villalón delivered on 6 October 2015
ECLI:EU:C:2015:666 |
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Judgment of the Court (First Chamber) of 14 June 2016
ECLI:EU:C:2016:436 |
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Case C-361/14 P Commission v McBride and Others
Appeal — Resource conservation measures and restructuring of the fisheries sector — Requests for increased safety tonnage — Annulment by the European Union judicature of the decision initially rejecting those requests — Article 266 TFEU — Repeal of the legal basis on which that initial decision was founded — Competence and legal basis to adopt new decisions — Annulment by the General Court of new decisions rejecting the requests — Principle of legal certainty
Language of the case: English
| Summary |
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Opinion of Advocate General Sharpston delivered on 19 January 2016
ECLI:EU:C:2016:25 |
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Judgment of the Court (Grand Chamber) of 14 June 2016
ECLI:EU:C:2016:434 |
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Case C-566/14 P Marchiani v Parliament
Appeal — Member of the European Parliament — Parliamentary assistance allowance — Recovery of undue payments — Recovery — Implementing measures of the Statute for Members of the Parliament — Observance of the rights of the defence — Principle of impartiality — Limitation — Regulation (EU, Euratom) No 966/2012 — Articles 78 to 81 — Delegated Regulation (EU) No 1268/2012 — Articles 81, 82 and 93 — Principle of protection of legitimate expectations — Reasonable time
Language of the case: French
| Summary |
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Opinion of Advocate General Wathelet delivered on 19 January 2016
ECLI:EU:C:2016:22 |
|
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Judgment of the Court (Grand Chamber) of 14 June 2016
ECLI:EU:C:2016:437 |
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Case C-154/14 P SKW Stahl-Metallurgie and SKW Stahl-Metallurgie Holding v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 81 EC — Markets for calcium carbide powder, calcium carbide granulates and magnesium granulates in a substantial part of the European Economic Area — Price fixing, market sharing and exchange of information — Regulation (EC) No 773/2004 — Articles 12 and 14 — Right to be heard — In camera hearing
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 3 September 2015
ECLI:EU:C:2015:543 |
|
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Judgment of the Court (Fifth Chamber) of 16 June 2016
ECLI:EU:C:2016:445 |
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Case C-155/14 P Evonik Degussa and AlzChem v Commission
Appeal — Competition — Article 81 EC — Agreements, decisions and concerted practices — Markets for calcium carbide powder, calcium carbide granulates and magnesium granulates in a substantial part of the European Economic Area — Price fixing, market sharing and exchange of information — Liability of a parent company for infringements of the competition rules committed by its subsidiaries — Decisive influence exercised by the parent company over its subsidiary — Rebuttable presumption in the case of a 100% shareholding — Condition for the rebuttal of that presumption — Disregard of an express instruction
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 3 September 2015
ECLI:EU:C:2015:529 |
|
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Judgment of the Court (Fifth Chamber) of 16 June 2016
ECLI:EU:C:2016:446 |
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Case C-351/14 Rodríguez Sánchez v Consum Sociedad Cooperativa Valenciana
Reference for a preliminary ruling — Social policy — Directive 2010/18/EU — Revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC — Reconciliation of professional and family life — Return from maternity leave of a worker member — Request for a reduction of working hours and for a change in work pattern — Situation which does not fall within the scope of Clause 6(1) of the revised Framework Agreement — Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Juzgado de lo Social n° 33 de Barcelona
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Szpunar delivered on 3 March 2016
ECLI:EU:C:2016:141 |
|
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Judgment of the Court (Second Chamber) of 16 June 2016
ECLI:EU:C:2016:447 |
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Case C-511/14 Pebros Servizi v Aston Martin Lagonda
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 805/2004 — European Enforcement Order for uncontested claims — Article 3(1)(b) — Conditions for certification — Judgment in default — Concept of ‘uncontested claim’ — Procedural conduct of a party capable of constituting an ‘absence of contestation of the claim’
Request for a preliminary ruling from the Tribunale civile di Bologna
Language of the case: Italian
| Summary |
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Opinion of Advocate General Bot delivered on 14 January 2016
ECLI:EU:C:2016:14 |
|
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Judgment of the Court (Third Chamber) of 16 June 2016
ECLI:EU:C:2016:448 |
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Case C-12/15 Universal Music International Holding v Schilling and Others
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Special jurisdiction — Article 5(3) — Tort, delict or quasi-delict — Harmful event — Lawyer’s negligence in drafting the contract — Place where the harmful event occurred
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 10 March 2016
ECLI:EU:C:2016:161 |
|
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Judgment of the Court (Second Chamber) of 16 June 2016
ECLI:EU:C:2016:449 |
|
Case C-96/15 Saint Louis Sucre v Directeur général des douanes et droits indirects
Reference for a preliminary ruling — Agriculture — Sugar — Production levies — Right to reimbursement — Sugar held in stock and not exported — Undue enrichment — Freedom to conduct a business — Method of calculation
Request for a preliminary ruling from the Tribunal de grande instance de Nanterre
Language of the case: French
| Summary |
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Opinion of Advocate General Sharpston delivered on 28 January 2016
ECLI:EU:C:2016:64 |
|
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Judgment of the Court (Third Chamber) of 16 June 2016
ECLI:EU:C:2016:450 |
|
Case C-159/15 Lesar v Personalamt
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(1) and Article 2(2)(a) — Article 6(2) — Age discrimination — Determination of pension rights of former civil servants — Periods of apprenticeship and of work — Failure to take into account such periods completed before the age of 18
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 25 February 2016
ECLI:EU:C:2016:121 |
|
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Judgment of the Court (First Chamber) of 16 June 2016
ECLI:EU:C:2016:451 |
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Case C-186/15 Kreissparkasse Wiedenbrück v Finanzamt Wiedenbrück
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Deduction of input tax — Article 173(1) — Goods or services used to carry out both taxable transactions and exempt transactions (‘mixed use goods and services’) — Determining the amount of the value added tax deduction — Deductible proportion — Article 174 — Deductible proportion calculated by applying an allocation key according to turnover — Article 173(2) — Derogation — Article 175 — Rounding-up rule for the deductible proportion — Articles 184 and 185 — Adjustment of deductions
Request for a preliminary ruling from the Finanzgericht Münster
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 16 June 2016
ECLI:EU:C:2016:452 |
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Case C-229/15 Minister Finansów v Mateusiak
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Articles 18(c), 184 and 187 — Taxable transactions — Cessation of the taxable economic activity — Retention of goods on which VAT became deductible — Adjustment of deductions — Adjustment period — Taxation pursuant to Article 18(c) of Directive 2006/112 on expiry of the adjustment period
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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|
Opinion of Advocate General Kokott delivered on 3 March 2016
ECLI:EU:C:2016:138 |
|
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Judgment of the Court (Tenth Chamber) of 16 June 2016
ECLI:EU:C:2016:454 |
|
Case C-291/15 EURO 2004. Hungary v Nemzeti Adó- és Vámhivatal Nyugat-dunántúli Regionális Vám- és Pénzügyőri
Reference for a preliminary ruling — Customs union — Common Customs Tariff — Value for customs purposes — Determination of the Customs value — Transaction value — Price actually paid — Doubts based on the veracity of the declared price — Declared price lower than the price paid in respect of other transactions relating to similar goods
Request for a preliminary ruling from the Zalaegerszegi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Sixth Chamber) of 16 June 2016
ECLI:EU:C:2016:455 |
|
Case C-15/15 New Valmar v Global Pharmacies Partner Health
Reference for a preliminary ruling — Free movement of goods — Prohibition of measures having equivalent effect to quantitative restrictions on exports — Article 35 TFEU — Company established in the Dutch-speaking region of the Kingdom of Belgium — Legislation requiring invoices to be drawn up in Dutch, failing which they are null and void — Cross-border concession agreement — Restriction — Justification — Disproportionate
Request for a preliminary ruling from the Rechtbank van Koophandel te Gent
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 21 April 2016
ECLI:EU:C:2016:291 |
|
|
Judgment of the Court (Grand Chamber) of 21 June 2016
ECLI:EU:C:2016:464 |
|
Case C-121/16 Salumificio Murru v Autotrasporti di Marongiu Remigio
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Article 101 TFEU — Road transport — Price of road haulage services for hire or reward which may not be lower than the minimum operating costs — Competition — Fixing of costs by the Ministry of Infrastructure and Transport
Request for a preliminary ruling from the Tribunale civile e penale di Cagliari
Language of the case: Italian
| Summary |
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|
Order of the Court (Eighth Chamber) of 21 June 2016
ECLI:EU:C:2016:543 |
|
Case C-540/14 P DK Recycling und Roheisen v Commission
Appeal — Environment — Directive 2003/87/EC — Article 10a — Scheme for greenhouse gas emission allowance trading — Transitional rules for harmonised free allocation of emission allowances from 2013 — Decision 2011/278/EU — National implementation measures submitted by the Federal Republic of Germany — Rejection of the inscription of certain installations on the lists of installations receiving free allocations of emission allowances — Provision relating to cases of ‘undue hardship’ — Implementing powers of the Commission
Language of the case: German
| Summary |
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|
Opinion of Advocate General Mengozzi delivered on 8 March 2016
ECLI:EU:C:2016:147 |
|
|
Judgment of the Court (First Chamber) of 22 June 2016
ECLI:EU:C:2016:469 |
|
Case C-557/14 Commission v Portugal
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Financial penalties — Lump sum payment and penalty payment
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Kokott delivered on 25 February 2016
ECLI:EU:C:2016:119 |
|
|
Judgment of the Court (Third Chamber) of 22 June 2016
ECLI:EU:C:2016:471 |
|
Case C-11/15 Odvolací finanční ředitelství v Český rozhlas
Reference for a preliminary ruling — Sixth Directive 77/388/EEC — Value added tax — Article 2(1) — Supply of services effected for consideration — Definition — Public broadcasting — Financing from a compulsory statutory fee
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Opinion of Advocate General Szpunar delivered on 17 March 2016
ECLI:EU:C:2016:181 |
|
|
Judgment of the Court (First Chamber) of 22 June 2016
ECLI:EU:C:2016:470 |
|
Case C-207/15 P Nissan Jidosha v EUIPO
Appeal — EU trade mark — Figurative mark including the element ‘CVTC’ — Requests for renewal made in respect of some of the goods or services for which the mark is registered — Further period — Regulation (EC) No 207/2009 — Article 47 — Principle of legal certainty
Language of the case: English
| Summary |
|
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 17 March 2016
ECLI:EU:C:2016:190 |
|
|
Judgment of the Court (Fifth Chamber) of 22 June 2016
ECLI:EU:C:2016:465 |
|
Case C-255/15 Mennens v Emirates Direktion für Deutschland
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 2(f) and Article 10(2) — Partial reimbursement of the ticket price where a passenger is downgraded on a flight — Concepts of ‘ticket’ and ‘price of the ticket’ — Calculation of the reimbursement owed to the passenger
Request for a preliminary ruling from the Amtsgericht Düsseldorf
Language of the case: German
| Summary |
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Judgment of the Court (Third Chamber) of 22 June 2016
ECLI:EU:C:2016:472 |
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Case C-267/15 Gemeente Woerden v Staatssecretaris van Financiën
Reference for a preliminary ruling — Value added tax — Input tax — Deduction
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Tenth Chamber) of 22 June 2016
ECLI:EU:C:2016:466 |
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Case C-280/15 Nikolajeva v Multi Protect
Reference for a preliminary ruling — EU trade mark — Regulation (EC) No 207/2009 — Article 9(3) and Article 102(1) — Obligation on an EU trade mark court to issue an order prohibiting a third party from proceeding with acts of infringement — No application seeking such an order — Concept of ‘special reasons’ for not ordering such a prohibition — Concept of ‘reasonable compensation’ in respect of acts occurring after publication of an application for registration of an EU trade mark and before publication of the registration of the trade mark
Request for a preliminary ruling from the Harju Maakohus
Language of the case: Estonian
| Summary |
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Opinion of Advocate General Wathelet delivered on 21 April 2016
ECLI:EU:C:2016:293 |
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Judgment of the Court (Seventh Chamber) of 22 June 2016
ECLI:EU:C:2016:467 |
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Case C-419/15 Thomas Philipps v Grüne Welle Vertriebs
Reference for a preliminary ruling — Intellectual property — Community designs — Regulation (EC) No 6/2002 — Articles 32 and 33 — Licence — Register of Community designs — Right of the licensee to bring proceedings for infringement notwithstanding the fact that the licence has not been entered in the register — Right of the licensee to bring proceedings for infringement in order to obtain damages for its own loss
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Judgment of the Court (Seventh Chamber) of 22 June 2016
ECLI:EU:C:2016:468 |
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Case C-173/16 M.H. v M.H.
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — No reasonable doubt — Jurisdiction in matrimonial matters — Regulation (EC) No 2201/2003 — Article 16(1)(a) — Determination of the time when a court is seised — Concept of ‘the time when the document instituting the proceedings or an equivalent document is lodged with the court’
Request for a preliminary ruling from the Court of Appeal (Ireland)
Language of the case: English
| Summary |
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Order of the Court (Sixth Chamber) of 22 June 2016
ECLI:EU:C:2016:542 |
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Case C-486/14 Criminal proceedings against Kossowski
Reference for a preliminary ruling — Convention Implementing the Schengen Agreement — Articles 54 and 55(1)(a) — Charter of Fundamental Rights of the European Union — Article 50 — Ne bis in idem principle — Whether an accused may be prosecuted in a Member State after criminal proceedings brought against him in another Member State have been terminated by the public prosecutor’s office without a detailed investigation — No examination of the merits of the case
Request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 15 December 2015
ECLI:EU:C:2015:812 |
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Judgment of the Court (Grand Chamber) of 29 June 2016
ECLI:EU:C:2016:483 |
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Case C-648/13 Commission v Poland
Failure of a Member State to fulfil obligations — Environment — European Union water policy — Directive 2000/60/EC — Monitoring of the ecological status and the chemical status of surface waters — River basin management plans
Language of the case: Polish
| Summary |
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Judgment of the Court (Sixth Chamber) of 30 June 2016
ECLI:EU:C:2016:490 |
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Case C-200/14 Câmpean v Serviciul Fiscal Municipal Mediaș and Administrația Fondului pentru Mediu
Reference for a preliminary ruling — Principle of sincere cooperation — Principles of equivalence and effectiveness — National legislation laying down the detailed rules for the repayment of taxes improperly levied with interest — Enforcement of judicial decisions relating to such rights to repayment stemming from the legal order of the Union — Refund payable over a period of five years — Repayment contingent on the existence of funds received from a tax — No possibility of enforcement
Request for a preliminary ruling from the Tribunalul Sibiu
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Szpunar delivered on 18 February 2016
ECLI:EU:C:2016:99 |
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Judgment of the Court (Second Chamber) of 30 June 2016
ECLI:EU:C:2016:494 |
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Case C-115/15 Secretary of State for the Home Department v NA
Reference for a preliminary ruling — Articles 20 and 21 TFEU — Directive 2004/38/EC — Article 13(2)(c) — Regulation (EEC) No 1612/68 — Article 12 — Right of residence of family members of a Union citizen — Marriage of a Union citizen and a third country national — Domestic violence — Divorce after the departure of the Union citizen — Retention of right of residence of a third country national with custody of children who are Union citizens
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 14 April 2016
ECLI:EU:C:2016:259 |
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Judgment of the Court (First Chamber) of 30 June 2016
ECLI:EU:C:2016:487 |
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Case C-123/15 Feilen v Finanzamt Fulda
Reference for a preliminary ruling — Taxation — Free movement of capital — Inheritance tax — Legislation of a Member State providing for a reduction in inheritance tax applicable to estates containing assets which have already formed part of an inheritance giving rise to the imposition of inheritance tax in that Member State — Restriction — Justification — Coherence of the tax system
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 17 March 2016
ECLI:EU:C:2016:193 |
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Judgment of the Court (Second Chamber) of 30 June 2016
ECLI:EU:C:2016:496 |
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Case C-134/15 Lidl v Freistaat Sachsen
Reference for a preliminary ruling — Regulation (EC) No 543/2008 — Agriculture — Common organisation of the markets — Marketing standards — Fresh pre-packaged poultrymeat — Obligation to indicate the total price and the price per weight unit on the pre-packaging or on a label attached thereto — Charter of Fundamental Rights of the European Union — Article 16 — Freedom to conduct a business — Proportionality — Second subparagraph of Article 40(2) TFEU — Non-discrimination
Request for a preliminary ruling from the Sächsisches Oberverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 16 March 2016
ECLI:EU:C:2016:169 |
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Judgment of the Court (Second Chamber) of 30 June 2016
ECLI:EU:C:2016:498 |
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Case C-176/15 Riskin and Timmermans v État belge
Reference for a preliminary ruling — Free movement of capital — Articles 63 and 65 TFEU — Article 4 TEU — Direct taxation — Taxation of dividends — Bilateral convention for the avoidance of double taxation — Third State — Scope
Request for a preliminary ruling from the Tribunal de première instance de Liège
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 12 April 2016
ECLI:EU:C:2016:246 |
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Judgment of the Court (Sixth Chamber) of 30 June 2016
ECLI:EU:C:2016:488 |
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Case C-178/15 Sobczyszyn v Szkoła Podstawowa w Rzeplinie
Reference for a preliminary ruling — Organisation of working time — Directive 2003/88/EC — Right to paid annual leave — Teachers — Convalescence leave — Annual leave coinciding with convalescence leave — Right to take the annual leave in another period
Request for a preliminary ruling from the Sąd Rejonowy dla Wrocławia-Śródmieścia we Wrocławiu X Wydział Pracy i Ubezpieczeń Społecznych
Language of the case: Polish
| Summary |
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Judgment of the Court (Tenth Chamber) of 30 June 2016
ECLI:EU:C:2016:502 |
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Case C-205/15 DGRFP Brașov v Toma and Biroul Executorului Judecătoresc Horațiu-Vasile Cruduleci
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Article 47 — Right of access to a court — Principle of equality of arms — Principles of equivalence and effectiveness — Proceedings for the enforcement of a judicial decision ordering the repayment of a tax levied in breach of EU law — Exemption of public authorities from certain legal costs — Jurisdiction of the Court
Request for a preliminary ruling from the Judecătoria Sibiu
Language of the case: Romanian
| Summary |
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Judgment of the Court (Second Chamber) of 30 June 2016
ECLI:EU:C:2016:499 |
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Case C-270/15 P Belgium v Commission
Appeal — Aid granted by the Belgian authorities to finance screening tests of transmissible spongiform encephalopathies in bovine animals — Selective advantage — Decision declaring that aid incompatible in part with the internal market
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bobek delivered on 21 April 2016
ECLI:EU:C:2016:289 |
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Judgment of the Court (Sixth Chamber) of 30 June 2016
ECLI:EU:C:2016:489 |
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Case C-416/15 Selena România v DGRFP București
Reference for a preliminary ruling — Commercial policy — Regulation (EC) No 1225/2009 — Article 13 — Circumvention — Council Implementing Regulation (EU) No 791/2011 — Open mesh fabrics of glass fibres originating in the People’s Republic of China — Anti-dumping duties — Council Implementing Regulation (EU) No 437/2012 — Consignment from Taiwan — Initiation of an investigation — Implementing Regulation (EU) No 21/2013 — Extension of the anti-dumping duty — Temporal scope — Principle of non-retroactivity — Community Customs Code — Post-clearance recovery of import duties
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
| Summary |
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Judgment of the Court (Ninth Chamber) of 30 June 2016
ECLI:EU:C:2016:501 |
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Case C-464/15 Admiral Casinos & Entertainment v Balmatic and Others
Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Games of chance — Legislation of a Member State prohibiting, on pain of criminal penalties, the operation of low-prize gaming machines (‘kleines Glücksspiel’) where no licence has been granted by the competent authority — Restriction — Justification — Proportionality — Assessment of proportionality on the basis of both the objective of the legislation at the time of its adoption and its effects when implemented — Effects empirically and definitely determined
Request for a preliminary ruling from the Landesgericht Wiener Neustadt
Language of the case: German
| Summary |
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Judgment of the Court (Seventh Chamber) of 30 June 2016
ECLI:EU:C:2016:500 |
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Case C-634/15 Sokoll-Seebacher and Naderhirn v Hemetsberger and Others
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Freedom of establishment — Public health — Article 49 TFEU — Pharmacies — Adequate provision of medicinal products to the public — Operating licence — Territorial distribution of pharmacies — Establishment of limits based essentially on a demographic criterion
Request for a preliminary ruling from the Landesverwaltungsgericht Oberösterreich
Language of the case: German
| Summary |
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Order of the Court (Eighth Chamber) of 30 June 2016
ECLI:EU:C:2016:510 |
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Information (on unpublished decisions)
Case C-31/15 P Photo USA Electronic Graphic v Council
Appeal — Dumping — Implementing Regulation (EU) No 412/2013 — Imports of ceramic tableware and kitchenware originating in China — Definitive anti-dumping duty
Case C-41/16 P Liu v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — Regulation (EC) No 6/2002 — Community designs — Article 7(2) — Registered Community design representing a case for a portable computer — Disclosure of earlier designs prior to the priority date — Application for a declaration of invalidity
Case C-345/15 P CHEMK and KF v Council
Appeal — Article 181 of the Rules of Procedure — Dumping — Implementing Regulation (EU) No 60/2012 — Import of ferro-silicon originating, inter alia, in Russia — Regulation (EC) No 1225/2009 — Article 11(3) and (9) — Partial interim review
Case C-43/16 P Copernicus-Trademarks v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Word mark LUCEA LED — Opposition by the proprietor of the word mark LUCEO — Rejection of the opposition — Statute of the Court of Justice of the European Union — Article 56 — Rules of Procedure — Article 186 — Application for legal aid — Suspensive effect on the time limit for bringing an appeal — Appeal manifestly inadmissible
Case C-134/16 P(R) Chemtura Netherlands v EFSA
Appeal — Order for interim measures — Procedure for placing plant protection products on the market — Publication of documents relating to that procedure — Application for confidential treatment of certain information contained in those documents — Rejection — Application for suspension of the decision rejecting the application for confidential treatment and for the grant of other interim measures — Urgency
Case C-94/16 P LTJ Diffusion v EUIPO
Appeal — EU trade mark — Word mark ARTHUR & ASTON — Opposition from the proprietor of the national semi-figurative mark containing the word element ‘Arthur’ — Opposition dismissed
Case C-200/15 Commission v Portugal
Failure of a Member State to fulfil obligations — Article 110 TFEU — Internal taxation — Discriminatory taxation — Second-hand motor vehicles imported from other Member States — Determination of their taxable value — Depreciation rate
Case C-611/15 P L'Oréal v EUIPO
Appeal — EU trade mark AINHOA — Revocation proceedings — Genuine use of a mark — Regulation (EC) No 207/2009 — Article 15(1), second para., (a) — Article 51(1)(a) — Proof of use — Regulation (EC) No 2868/95 — Rules 22 and 40(5) — Article 181 of the Rules of Procedure of the Court of Justice — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-170/16 P(R) ICA Laboratories and Others v Commission
Appeal — Order concerning interim measures — Environment — Consumer protection — Regulation setting maximum residue levels for guazatine — Application for suspension of operation of the regulation — Dismissal — No urgency
Case C-122/14 Aktiv Kapital Portfolio v Egea Torregrosa
Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms in consumer contracts — Order for payment procedure — Enforcement proceedings –– Powers of the national court responsible for enforcement to raise of its own motion the fact that the unfair term is invalid –– Principle of effectiveness –– Principle of res judicata)
Case C-393/15 Dyrektor Izby Skarbowej w Krakowie v ESET
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Taxation — Common system of value added tax — Directive 2006/112/EC — Article 168 — Article 169(a) — Company established in a Member State in which it carries out taxable transactions — Branch registered in another Member State for the payment of value added tax — Occasional taxable transactions made in that State — Main activity consisting in the performance of internal transactions for the benefit of that company — Input tax paid by that branch — Deducted in the Member State of registration
Case C-619/15 P Mocek, Wenta KAJMAN Firma Handlowo-Usługowo-Produkcyjna v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU Trade Mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Figurative mark in green, white and grey representing the design of a crocodile containing the word element ‘KAJMAN’ — Opposition by the proprietor of the EU figurative mark in black and white representing the design of a crocodile — Partial refusal to register by a Board of Appeal of the European Union Intellectual Property Office (EUIPO)
Case C-157/16 P(I) Bundesverband der Pharmazeutischen Industrie v Commission
Appeal — Intervention — Interest in the result of the case
Case C-295/15 P Matratzen Concord v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — EU word mark ARKTIS — Application for revocation — Genuine use of the mark — Regulation (EC) No 207/2009 — Article 51(1)(a) — Form of use of the mark — Proof of use of the mark — Consent of the proprietor — Partial rejection of the application for revocation
Case C-450/15 Autorità Garante della Concorrenza e del Mercato v Italsempione - Spedizioni Internazionali
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Regulation (EC) No 1/2003 — Article 23(2)(a) — Interpretation in the light of the principle of proportionality — Determination of the amount of the fine — Criteria — Guidelines for the calculation of fines — National practice — Adjustment of the basic amount of the fine — Account to be taken of aggravating or extenuating circumstances — Application of the maximum limit of 10% of total turnover — Absence of jurisdiction of the Court — Manifest lack of jurisdiction
Case C-288/14 Ciup v AJFP Timiș - DGRFP Timișoara
Reference for a preliminary ruling — Principle of sincere cooperation — Principles of equivalence and effectiveness — National legislation laying down the detailed rules for the repayment, with interest, of taxes improperly levied — Enforcement of judicial decisions relating to such rights to repayment stemming from the legal order of the European Union — Repayment by instalments spread over five years — Repayment contingent on the existence of funds received from a tax — No possibility of enforcement
Case C-502/14 Buzzi Unicem and Others v Comitato nazionale per la gestione della Direttiva 2003/87/CE and Others
Preliminary ruling — Article 99 of Rules of Procedure of the Court — Scheme for greenhouse gas emission allowance trading within the Union — Directive 2003/87/EC — Article 10a(5) — Method of allocating allowances — Allocation of allowances free of charge — Method for calculating the uniform cross-sectoral correction factor — Decision 2011/278/EU — Article 15(3) — Decision 2013/448/EU — Article 4 — Annexe II — Validity
Case C-293/15 P Slovenská pošta v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Public undertakings — Amendment of Slovakian legislation on postal services — Exclusive rights granted to incumbent operator Slovenská pošta a.s. to provide ‘hybrid’ mail services — Decision declaring those provisions incompatible with Articles 86 EC and 82 EC
Case C-669/15 ERDF v Axa Corporate Solutions and Ombrière Le Bosc
Reference for a preliminary ruling — No legal framework — Manifest inadmissibility — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice
Case C-55/16 Evo Bus v AJFP Argeș
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Common system of value added tax — Right to reimbursement — Eighth Directive 79/1072/EEC — Conditions for obtaining reimbursement — Imposition of conditions other than those laid down in Articles 3 and 4 — Obligation to provide proof of payment of the tax — Whether permissible)
July 2016
Case C-614/14 Criminal proceedings against Ognyanov
Reference for a preliminary ruling — Article 267 TFEU — Article 94 of the Rules of Procedure of the Court — Content of a request for a preliminary ruling — National rule providing that the national court is to be disqualified because it stated a provisional opinion in the request for a preliminary ruling when setting out the factual and legal context — Charter of Fundamental Rights of the European Union — Second paragraph of Article 47 and Article 48(1)
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Bot delivered on 23 February 2016
ECLI:EU:C:2016:111 |
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Judgment of the Court (Grand Chamber) of 5 July 2016
ECLI:EU:C:2016:514 |
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Case C-476/14 Citroën Commerce v ZLW
Reference for a preliminary ruling — Directives 98/6/EC and 2005/29/EC — Consumer protection — Advertisement containing an indication of price — Concepts of ‘offer’ and ‘price inclusive of taxes’ — Obligation to include in the price of a motor vehicle the additional costs necessarily incurred in connection with the transfer of the vehicle
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 16 December 2015
ECLI:EU:C:2015:814 |
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Judgment of the Court (Fourth Chamber) of 7 July 2016
ECLI:EU:C:2016:527 |
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Case C-567/14 Genentech v Hoechst and Sanofi-Aventis Deutschland
Reference for a preliminary ruling — Competition — Article 101 TFEU — Non-exclusive licence agreement — Patent — No infringement — Obligation to pay royalties
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
| Summary |
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Opinion of Advocate General Wathelet delivered on 17 March 2016
ECLI:EU:C:2016:177 |
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Judgment of the Court (First Chamber) of 7 July 2016
ECLI:EU:C:2016:526 |
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Case C-46/15 Ambisig v AICP
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Article 48(2)(a)(ii), second indent — Technical abilities of economic operators — Direct effect — Means of evidence — Hierarchical relationship between the private purchaser’s certification and the tenderer’s unilateral declaration — Principle of proportionality — Prohibition on introducing substantive changes to the means of evidence provided for
Request for a preliminary ruling from the Tribunal Central Administrativo Sul
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Wathelet delivered on 3 March 2016
ECLI:EU:C:2016:137 |
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Judgment of the Court (Fifth Chamber) of 7 July 2016
ECLI:EU:C:2016:530 |
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Case C-70/15 Lebek v Domino
Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 34(2) — Defendant not entering an appearance — Recognition and enforcement of judgments — Grounds for refusing enforcement — Document instituting proceedings not served on the defendant in sufficient time — Concept of ‘proceedings to challenge a judgment’ — Application for relief — Regulation (EC) No 1393/2007 — Article 19(4) — Service of judicial and extrajudicial documents — Period within which an application for relief may be submitted
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
| Summary |
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Opinion of Advocate General Kokott delivered on 7 April 2016
ECLI:EU:C:2016:226 |
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Judgment of the Court (Second Chamber) of 7 July 2016
ECLI:EU:C:2016:524 |
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Case C-111/15 Občina Gorje v Republika Slovenija
Reference for a preliminary ruling — Common agricultural policy — Regulation (EC) No 1698/2005 — Regulation (EU) No 65/2011 — Financing by the EAFRD — Support for rural development — Rules on eligibility of operations and expenditure — Temporal condition — Complete exclusion — Reduction of the aid
Request for a preliminary ruling from the Upravno sodišče Republike Slovenije
Language of the case: Slovene
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 20 April 2016
ECLI:EU:C:2016:280 |
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Judgment of the Court (Fifth Chamber) of 7 July 2016
ECLI:EU:C:2016:532 |
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Case C-129/15 M. v ADFI
Reference for a preliminary ruling — Public supply contracts — Directive 2004/18/EC — Article 1(9) — Concept of ‘body governed by public law’ — Hospital set up to make a profit, whose capital is entirely private — Over 50% or 30% of income coming from payments by the public sickness insurance scheme in exchange for the provision of medical services — Article 7(b) — Estimated value of the contract — Threshold not met — Certain cross-border interest — Lack of information — Article 53(2) of the Court’s Rules of Procedure — Manifest inadmissibility
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
| Summary |
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Order of the Court (Ninth Chamber) of 7 July 2016
ECLI:EU:C:2016:540 |
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Case C-222/15 Hőszig v Alstom Power Thermal Services
Reference for a preliminary ruling — Jurisdiction clause — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 23 — Clause inserted in the general conditions — Consent of the parties to those conditions — Validity and precision of such a clause
Request for a preliminary ruling from the Pécsi Törvényszék
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Szpunar delivered on 7 April 2016
ECLI:EU:C:2016:224 |
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Judgment of the Court (Second Chamber) of 7 July 2016
ECLI:EU:C:2016:525 |
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Case C-447/15 Muladi v Krajský úřad Moravskoslezského kraj
Reference for a preliminary ruling — Transport — Directive 2003/59/EC — Obligation to obtain an initial qualification — Article 4 — Acquired rights — Holders of driving licences issued before the dates laid down in Article 4 — Exemption from the obligation to obtain an initial qualification — National legislation setting an additional requirement for periodic training of 35 hours duration in order to benefit from that exemption
Request for a preliminary ruling from the Krajský soud v Ostravě
Language of the case: Czech
| Summary |
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Judgment of the Court (Eighth Chamber) of 7 July 2016
ECLI:EU:C:2016:533 |
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Case C-494/15 Tommy Hilfiger Licensing and Others v DELTA CENTER
Reference for a preliminary ruling — Approximation of laws — Directive 2004/48/EC — Enforcement of intellectual property rights — Notion of ‘intermediary whose services are being used by a third party to infringe an intellectual property right’ — Tenant of market halls subletting sales points — Possibility of an injunction against that tenant — Article 11
Request for a preliminary ruling from the Nejvyšší soud České republiky
Language of the case: Czech
| Summary |
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Judgment of the Court (Second Chamber) of 7 July 2016
ECLI:EU:C:2016:528 |
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Case C-523/15 P Westfälische Drahtindustrie and Pampus Industriebeteiligungen v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Fines — Appraisal of the ability to pay — The 2006 Guidelines on the method of setting fines — Unlimited jurisdiction — Taking into account facts subsequent to the contested decision — Principles of proportionality and equal treatment — Right to effective judicial protection
Language of the case: German
| Summary |
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Order of the Court (Sixth Chamber) of 7 July 2016
ECLI:EU:C:2016:541 |
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Case C-18/15 Brisal and KBC Finance Ireland v Fazenda Pública
Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Restrictions — Tax legislation — Taxation of interest received — Difference in treatment between resident financial institutions and non-resident financial institutions
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Kokott delivered on 17 March 2016
ECLI:EU:C:2016:182 |
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Judgment of the Court (Fifth Chamber) of 13 July 2016
ECLI:EU:C:2016:549 |
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Case C-187/15 Pöpperl v Land Nordrhein-Westfalen
Reference for a preliminary ruling — Article 45 TFEU — Freedom of movement for workers — Civil servant of a Member State who has left the public service in order to be employed in another Member State — National legislation providing in that case for loss of the retirement pension rights acquired in the civil service and for retrospective insurance under the general old-age insurance scheme
Request for a preliminary ruling from the Verwaltungsgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 17 March 2016
ECLI:EU:C:2016:194 |
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Judgment of the Court (First Chamber) of 13 July 2016
ECLI:EU:C:2016:550 |
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Case C-406/14 Wrocław - Miasto na prawach powiatu v Minister Infrastruktury i Rozwoju
Reference for a preliminary ruling — Directive 2004/18/EC — Public works contracts — Regularity of the obligation imposed on tenderers to perform a certain percentage of the contract without using subcontractors — Regulation (EC) No 1083/2006 — General provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund — Obligation for the Member States to carry out a financial correction in relation to the irregularities identified — Concept of ‘irregularity’ — Need for a financial correction in the event of infringement of EU law on public procurement
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Warszawie
Language of the case: Polish
| Summary |
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Opinion of Advocate General Sharpston delivered on 17 November 2015
ECLI:EU:C:2015:761 |
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Judgment of the Court (Third Chamber) of 14 July 2016
ECLI:EU:C:2016:562 |
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Joined Cases C-458/14 and C-67/15 Promoimpresa and Others v Consorzio dei comuni della Sponda Bresciana del Lago di Garda e del Lago di Idro and Others
References for a preliminary ruling — Public contracts and freedom of establishment — Article 49 TFEU — Directive 2006/123/EC — Article 12 — Concessions of State-owned maritime, lakeside and waterway property of an economic interest — Automatic extension — Lack of tender procedure
Requests for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia and Tribunale Amministrativo Regionale per la Sardegna
Language of the case: Italian
| Summary |
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Opinion of Advocate General Szpunar delivered on 25 February 2016
ECLI:EU:C:2016:122 |
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Judgment of the Court (Fifth Chamber) of 14 July 2016
ECLI:EU:C:2016:558 |
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Case C-6/15 TNS Dimarso v Vlaams Gewest
Reference for a preliminary ruling — Public supply contracts — Directive 2004/18/EC — Article 53(2) — Award criteria — Most economically advantageous tender — Method of evaluation — Weighting rules — Obligation for the contracting authority to specify in the call for tenders the weighting of the award criteria — Scope of the obligation
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Mengozzi delivered on 10 March 2016
ECLI:EU:C:2016:160 |
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Judgment of the Court (Fourth Chamber) of 14 July 2016
ECLI:EU:C:2016:555 |
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Case C-19/15 Verband Sozialer Wettbewerb v Innova Vital
Reference for a preliminary ruling — Consumer protection — Regulation (EC) No 1924/2006 — Nutrition and health claims made on foods — Article 1(2) — Scope — Foods to be delivered as such to the final consumer — Claims made in a commercial communication addressed exclusively to health professionals
Request for a preliminary ruling from the Landgericht München I
Language of the case: German
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Opinion of Advocate General Saugmandsgaard Øe delivered on 18 February 2016
ECLI:EU:C:2016:103 |
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Judgment of the Court (Third Chamber) of 14 July 2016
ECLI:EU:C:2016:563 |
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Case C-97/15 Sprengen/Pakweg Douane v Staatssecretaris van Financiën
Reference for a preliminary ruling — Common Customs Tariff — Combined Nomenclature — Headings 8471 and 8521 — Explanatory notes — Agreement on trade in information technology products — ‘Screenplays’
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Judgment of the Court (Ninth Chamber) of 14 July 2016
ECLI:EU:C:2016:556 |
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Case C-196/15 Granarolo v Ambrosi Emmi France
Reference for a preliminary ruling — Judicial cooperation in civil and commercial matters — Regulation (EC) No 44/2001– Article 5(1) and (3) — Court having jurisdiction — Concepts of ‘matters relating to a contract’ and ‘matters relating to tort or delict’ — Abrupt termination of a long-standing business relationship — Action for damages — Concepts of ‘sale of goods’ and ‘provision of services’
Request for a preliminary ruling from the Cour administrative d'appel de Paris
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 23 December 2015
ECLI:EU:C:2015:851 |
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Judgment of the Court (Second Chamber) of 14 July 2016
ECLI:EU:C:2016:559 |
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Case C-230/15 Brite Strike Technologies v Brite Strike Technologies
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 22(4) — Jurisdiction in intellectual property disputes — Article 71 — Conventions concluded by the Member States on particular matters — Benelux Convention on intellectual property — Jurisdiction in disputes concerning Benelux trade marks and designs — Article 350 TFEU
Request for a preliminary ruling from the Rechtbank Den Haag
Language of the case: Dutch
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Opinion of Advocate General Saugmandsgaard Øe delivered on 26 May 2016
ECLI:EU:C:2016:366 |
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Judgment of the Court (Second Chamber) of 14 July 2016
ECLI:EU:C:2016:560 |
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Case C-335/15 Ornano v Ministero della Giustizia, Direzione Generale dei Magistrati del Ministero
Reference for a preliminary ruling — Social policy — Article 119 of the EC Treaty (subsequently Article 141 EC) — Directive 75/117/EEC — Equal pay for men and women — Article 1 — Directive 92/85/EEC — Measures to improve the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding — Article 11(2)(b) and Article 11(3) — National law providing for an allowance for ordinary magistrates in respect of the expenses they incur in the performance of their professional functions — No entitlement for an ordinary magistrate to that allowance in the case of compulsory maternity leave taken prior to 1 January 2005
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Eighth Chamber) of 14 July 2016
ECLI:EU:C:2016:564 |
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Case C-455/14 P H v Council, Commission and EUPM in Bosnia and Herzegovina
Appeal — Common foreign and security policy (CFSP) — Decision 2009/906/CFSP — European Union Police Mission (EUPM) in Bosnia and Herzegovina — National staff member on secondment — Redeployment in a regional office of that mission — Final sentence of the second subparagraph of Article 24(1) TEU — First paragraph of Article 275 TFEU — Actions for annulment and compensation — Jurisdiction of the EU judicature — Article 263 TFEU, Article 268 TFEU and the second paragraph of Article 340 TFEU
Language of the case: English
| Summary |
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Opinion of Advocate General Wahl delivered on 7 April 2016
ECLI:EU:C:2016:212 |
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Judgment of the Court (Grand Chamber) of 19 July 2016
ECLI:EU:C:2016:569 |
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Case C-526/14 Kotnik and Others v Državni zbor Republike Slovenije
Reference for a preliminary ruling — Validity and interpretation of the Banking Communication from the Commission — Interpretation of Directives 2001/24/EC and 2012/30/EU — State aid to banks in the context of the financial crisis — Burden-sharing — Writing off equity capital, hybrid capital and subordinated debt — Principle of protection of legitimate expectations — Right to property — Protection of the interests of shareholders and others — Reorganisation and winding up of credit institutions
Request for a preliminary ruling from the Ustavno sodišče Republike Slovenije
Language of the case: Slovene
| Summary |
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Opinion of Advocate General Wahl delivered on 18 February 2016
ECLI:EU:C:2016:102 |
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Judgment of the Court (Grand Chamber) of 19 July 2016
ECLI:EU:C:2016:570 |
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Case C-341/15 Maschek v Magistratsdirektion der Stadt Wien - Personalstelle Wiener Stadtwerke
Reference for a preliminary ruling — Social policy — Directive 2003/88/EC — Article 7 — Right to paid annual leave — Retirement at the request of the party concerned — Worker failing to use up all his entitlement to annual paid leave before the termination of his work relations — National legislation excluding allowance in lieu of paid annual leave not taken — Sick leave — Public servants
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
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Judgment of the Court (Tenth Chamber) of 20 July 2016
ECLI:EU:C:2016:576 |
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Case C-493/14 Dilly’s Wellnesshotel v Finanzamt Linz
Request for a preliminary ruling — State aid — Aid scheme in the form of reductions in environmental taxes — Regulation (EC) No 800/2008 — Categories of aid which may be regarded as compatible with the internal market and exempt from the obligation to notify — Mandatory nature of the conditions for exemption — Article 3(1) — Express reference to that regulation in the aid scheme
Request for a preliminary ruling from the Bundesfinanzgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 17 March 2016
ECLI:EU:C:2016:174 |
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Judgment of the Court (First Chamber) of 21 July 2016
ECLI:EU:C:2016:577 |
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Case C-542/14 VM Remonts and Others v Konkurences padome
Reference for a preliminary ruling — Competition — Article 101(1) TFEU — Purely internal situation — Application of analogous national rules — Jurisdiction of the Court — Concerted practice — Liability of an undertaking for the acts of a service provider — Conditions
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Wathelet delivered on 3 December 2015
ECLI:EU:C:2015:797 |
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Judgment of the Court (Fourth Chamber) of 21 July 2016
ECLI:EU:C:2016:578 |
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Case C-597/14 P EUIPO v Grau Ferrer
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 76(2) — Regulation (EC) No 2868/95 — Rule 50(1), third subparagraph — Figurative mark — Opposition by the proprietor of the earlier trade mark — Proof of the existence, validity and extent of the protection of the earlier trade mark — Consideration by the Board of Appeal of evidence submitted out of time — Rejection of the opposition by the Board of Appeal
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Szpunar delivered on 13 January 2016
ECLI:EU:C:2016:2 |
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Judgment of the Court (First Chamber) of 21 July 2016
ECLI:EU:C:2016:579 |
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Case C-4/15 Staatssecretaris van Financiën v Argos Supply Trading
Reference for a preliminary ruling — Customs union — Common Customs Tariff — Customs procedures with economic impact — Outward processing –– Regulation (EEC) No 2913/92 –– Article 148(c) — Issue of authorisation — Economic conditions — Absence of serious harm to the essential interests of Community processors — Concept of ‘Community processors’
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 7 April 2016
ECLI:EU:C:2016:223 |
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Judgment of the Court (Fourth Chamber) of 21 July 2016
ECLI:EU:C:2016:580 |
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Case C-226/15 P Apple and Pear Australia and Star Fruits Diffusion v EUIPO
Appeal — EU trade mark — Application for EU word mark English pink — Opposition by the proprietor of the word mark PINK LADY and the figurative marks including the word elements ‘Pink Lady’ — Opposition dismissed — Decision of an EU trade mark court — Alteration — Res judicata
Language of the case: French
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Opinion of Advocate General Bobek delivered on 13 April 2016
ECLI:EU:C:2016:250 |
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Judgment of the Court (Fourth Chamber) of 21 July 2016
ECLI:EU:C:2016:582 |
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Joined Cases C-387/15 and C-388/15 Orleans and Others v Vlaams Gewest
Reference for a preliminary ruling — Environment — Directive 92/43/EEC — Conservation of natural habitats — Special areas of conservation — Natura 2000 site ‘Scheldt and Durme estuary from the Dutch border to Ghent’ — Development of a port area — Assessment of the implications of a plan or project for a protected site — Occurrence of adverse effects — Prior but not yet completed development of an area of an equivalent type to the part destroyed — Completion subsequent to the assessment — Article 6(3) and (4)
Requests for a preliminary ruling from the Raad van State (Belgium)
Language of the case: Dutch
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Judgment of the Court (Seventh Chamber) of 21 July 2016
ECLI:EU:C:2016:583 |
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Case C-660/13 Council v Commission
Action for annulment — The European Union’s external relations — Access by the Swiss Confederation to the internal market — The Swiss Confederation’s financial contribution to economic and social cohesion in an enlarged Union — Memorandum of Understanding on a financial contribution by the Swiss Confederation to the Member States which acceded to the Union as a result of the 2004 enlargement — Enlargement of the Union to include the Republic of Croatia — Addendum to the Memorandum of Understanding concerning a financial contribution by the Swiss Confederation for the Republic of Croatia — Addendum signed by the European Commission on behalf of the European Union without the prior approval of the Council of the European Union — Powers — Article 13(2), Article 16(1) and (6) and Article 17(1) TEU — Principles of allocation of powers, institutional balance and sincere cooperation
Language of the case: English
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Opinion of Advocate General Sharpston delivered on 26 November 2015
ECLI:EU:C:2015:787 |
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Judgment of the Court (Grand Chamber) of 28 July 2016
ECLI:EU:C:2016:616 |
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Case C-469/14 Masterrind v Hauptzollamt Hamburg-Jonas
Reference for a preliminary ruling — Agriculture — Regulation (EC) No 1/2005 — Protection of animals during transport — Long journeys — Annex I, Chapter V, point 1.4(d) — Journey times and animal resting periods during transport — Transport of cattle — Concept of ‘rest period of at least one hour’ — Possibility of interrupting the transport several times — Article 22 — Delays during transport — Regulation (EC) No 1234/2007 and Regulation (EU) No 817/2010 — Export refunds — Requirements of the welfare of live bovine animals during transport — Regulation No 817/2010 — Article 2(2) to (4) of Regulation No 817/2010 — Official veterinarian at the exit point — Report and entry on the document evidencing the exit of the animals from the customs territory of the European Union regarding compliance or non-compliance with the relevant provisions of Regulation No 1/2005 — Unsatisfactory result of the checks carried out — Article 5(1)(c) of Regulation No 817/2010 — Whether or not that entry is binding on the national authority competent for the export refund
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 21 January 2016
ECLI:EU:C:2016:47 |
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Judgment of the Court (Third Chamber) of 28 July 2016
ECLI:EU:C:2016:609 |
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Case C-543/14 Ordre des barreaux francophones et germanophone and Others v Conseil des ministres
VAT — Directive 2006/112/EC — Validity and interpretation of the directive — Services provided by lawyers — Liability to VAT — Right to an effective remedy — Equality of arms — Legal aid
Request for a preliminary ruling from the Cour constitutionnelle (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Sharpston delivered on 10 March 2016
ECLI:EU:C:2016:157 |
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Judgment of the Court (Fourth Chamber) of 28 July 2016
ECLI:EU:C:2016:605 |
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Case C-57/15 United Video Properties v Telenet
Reference for a preliminary ruling — Intellectual property rights — Directive 2004/48/EC — Article 14 — Legal costs — Lawyers’ fees — Flat-rate reimbursement — Maximum amounts — Costs of a technical adviser — Reimbursement — Condition of fault on the part of the unsuccessful party
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 5 April 2016
ECLI:EU:C:2016:201 |
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Judgment of the Court (Fifth Chamber) of 28 July 2016
ECLI:EU:C:2016:611 |
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Case C-80/15 Robert Fuchs v HZA Lörrach
Reference for a preliminary ruling — Customs union — Common Customs Tariff — Temporary importation procedure with relief from duties — Regulation (EEC) No 2454/93 — Conditions laid down for the total relief from import duties — Means of transport for aviation registered outside of the customs territory of the Union and used by a person established outside of that territory — Article 555(1)(a) — Commercial use — Concept — Use of helicopters by an aviation school for remunerated training flights flown by a trainee and instructor — Not included
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 18 February 2016
ECLI:EU:C:2016:104 |
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Judgment of the Court (Tenth Chamber) of 28 July 2016
ECLI:EU:C:2016:615 |
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Case C-102/15 Gazdasági Versenyhivatal v Siemens Aktiengesellschaft Österreich
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Scope ratione materiae — Recovery of sum not due — Unjust enrichment — Debt arising from the unjustified repayment of a fine for infringement of competition law
Request for a preliminary ruling from the Fővárosi Ítélőtábla
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Wahl delivered on 7 April 2016
ECLI:EU:C:2016:225 |
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Judgment of the Court (Second Chamber) of 28 July 2016
ECLI:EU:C:2016:607 |
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Case C-147/15 Città Metropolitana di Bari v Edilizia Mastrodonato
Reference for a preliminary ruling — Protection of the environment — Waste management — Directive 2006/21/EC — Article 10(2) — Backfilling of excavation voids using waste other than extractive waste — Landfill or recovery of such waste
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Kokott delivered on 21 April 2016
ECLI:EU:C:2016:292 |
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Judgment of the Court (Fourth Chamber) of 28 July 2016
ECLI:EU:C:2016:606 |
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Case C-168/15 Tomášová v Slovenská republika - Ministerstvo spravodlivosti and Pohotovosť
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Credit agreement containing an unfair term — Enforcement of an arbitration award in accordance with that term — Member State liability for damage caused to individuals by breaches of EU law attributable to a national court — Conditions of engagement — Existence of a sufficiently serious breach of EU law
Request for a preliminary ruling from the Okresný súd Prešov
Language of the case: Slovak
| Summary |
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Opinion of Advocate General Wahl delivered on 14 April 2016
ECLI:EU:C:2016:260 |
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Judgment of the Court (First Chamber) of 28 July 2016
ECLI:EU:C:2016:602 |
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Case C-191/15 Verein für Konsumenteninformation v Amazon EU
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulations (EC) No 864/2007 and (EC) No 593/2008 — Consumer protection — Directive 93/13/EEC — Data protection — Directive 95/46/EC — Online sales contracts concluded with consumers resident in other Member States — Unfair terms — General terms and conditions containing a choice-of-law term applying the law of the Member State in which the company is established — Determination of the applicable law for assessing the unfairness of terms in those general terms and conditions in an action for an injunction — Determination of the law governing the processing of personal data of consumers
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 2 June 2016
ECLI:EU:C:2016:388 |
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Judgment of the Court (Third Chamber) of 28 July 2016
ECLI:EU:C:2016:612 |
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Case C-240/15 Autorità per le Garanzie nelle Comunicazioni v ISTAT and Others
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/21/EC — Article 3 — Impartiality and independence of the national regulatory authorities — Directive 2002/20/EC — Article 12 — Administrative charges — National regulatory authority subject to provisions applicable to public finances and to provisions for limiting and streamlining public authority spending
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 28 April 2016
ECLI:EU:C:2016:308 |
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Judgment of the Court (Second Chamber) of 28 July 2016
ECLI:EU:C:2016:608 |
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Case C-332/15 Criminal proceedings against Astone
Request for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Articles 167, 168, 178 to 182, 193, 206, 242, 244, 250, 252 and 273 — Right to deduct VAT — Substantive requirements — Formal requirements — Limitation period — National provisions excluding the right to deduct where there is a failure to comply with the formal requirements — Tax evasion
Request for a preliminary ruling from the Tribunale di Treviso
Language of the case: Italian
| Summary |
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Judgment of the Court (Seventh Chamber) of 28 July 2016
ECLI:EU:C:2016:614 |
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Case C-379/15 Association France Nature Environnement v Premier ministre and Ministre de l’Écologie, du Développement durable et de lʼÉnergie
Reference for a preliminary ruling — Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — National measure incompatible with EU law — Legal consequences — Power of the national court to maintain certain effects of that measure provisionally — Third paragraph of Article 267 TFEU — Obligation to make a reference to the Court for a preliminary ruling
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 28 April 2016
ECLI:EU:C:2016:309 |
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Judgment of the Court (First Chamber) of 28 July 2016
ECLI:EU:C:2016:603 |
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Case C-423/15 Kratzer v R+V Allgemeine Versicherung
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 3(1)(a) — Directive 2006/54/EC — Equal opportunities and equal treatment between men and women in matters of employment and occupation — Article 14(1)(a) — Scope — Definition of ‘access to employment, to self-employment or to occupation’ — Application for a post for the purpose of acquiring the formal status of applicant only in order to claim compensation for discrimination — Abuse of rights
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber) of 28 July 2016
ECLI:EU:C:2016:604 |
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Case C-457/15 Vattenfall Europe Generation v Bundesrepublik Deutschland
Reference for a preliminary ruling — Scheme for greenhouse gas emission allowance trading within the European Union — Directive 2003/87/EC — Temporal scope — Time when the emissions trading obligation arises — Article 3 — Annexe I — Concept of ‘installation’ — Combustion of fuels in installations with a total rated thermal input exceeding 20 MW
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
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Judgment of the Court (Sixth Chamber) of 28 July 2016
ECLI:EU:C:2016:613 |
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Case C-294/16 PPU JZ v Prokuratura Rejonowa Łódź - Śródmieście
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — Article 26(1) — European arrest warrant — Effects of the surrender — Deduction of the period of detention served in the executing Member State — Concept of ‘detention’ — Measures involving a restriction of liberty other than imprisonment — Curfew in conjunction with the wearing of an electronic tag — Charter of Fundamental Rights of the European Union — Articles 6 and 49
Request for a preliminary ruling from null
Language of the case: Polish
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 19 July 2016
ECLI:EU:C:2016:574 |
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Judgment of the Court (Fourth Chamber) of 28 July 2016
ECLI:EU:C:2016:610 |
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Information (on unpublished decisions)
Case C-7/16 Banco Popular Español and PL Salvador v Giraldez Villar and Martínez Baz
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Directive 93/13/EEC — Unfair terms — Assignment of a claim — Right of the debtor to extinguish his debt — Conditions governing the exercise of that right
Case C-210/15 P Poland v Commission
Appeal — EAGGF and EAFRD — Expenditure excluded from EU financing — Regulations (EC) No 1257/1999 and No 1698/2005 — Early retirement of farmers and farm workers — Definitive cessation of all commercial farming activity
Case C-214/15 Município de Vila Pouca de Aguiar v Sá Machado & Filhos and Norcep Construções e Empreendimentos
Preliminary ruling — Public works contracts — Directive 2004/18/EC — Article 55 — Contract notice — Tender not accompanied by justification for abnormally low prices — Determination criteria — Article 7(c) — Value of the contract — Threshold not reached — Certain cross-border interest — Lack of information — Manifest inadmissibility
Case C-510/15 P Fapricela v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Burden of proof — Presumption of innocence — Fines — 2006 Guidelines on the method of setting fines — Unlimited jurisdiction — Determining the gravity of the infringement and the additional amount in respect of deterrence — Justification — Principles of proportionality and equal treatment
Case C-514/15 P HIT Groep v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Regulation (EC) No 1/2003 — Article 23(2) — Calculation of the amount of the fine — Upper limit of the fine — Total turnover in the ‘preceding business year’ — Reference to a business year other than the one preceding the adoption of the contested decision — Principle of proportionality
Case C-608/15 P Panasonic v Commission
Appeal — Rules of Procedure of the Court — Article 181 — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Agreements and concerted practices on pricing, market-sharing, customer-allocation and output-limitation — Rights of the defence — Statement of objections — Content
Case C-691/15 P-R Commission v Bilbaína de Alquitranes and Others
Application for interim measures — Appeal — Application for suspension of the effects of a regulation annulled by the General Court of the European Union — Environment and protection of human health — Regulation (EU) No 944/2013 — Classification of pitch, coal tar, high-temperature, in the categories of acute aquatic toxicity and chronic aquatic toxicity — Manifest error of assessment — Judgment of the General Court annulling that regulation — Suspensive effect of the appeal — Urgency
Case C-88/16 P European Dynamics Luxembourg and Evropaïki Dynamiki v Joint undertaking Fusion for Energy
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Public service contracts — Tendering procedure — Supply of IT, consulting, software development, Internet and support services — Rejection of the tender of one tenderer and award of the contracts to other tenderers — Obligation to state reasons
Case C-399/15 P Vichy Catalán v EUIPO
Appeal — European Union trade mark — Period within which an action must be brought — Unforeseeable circumstances — Article 181 of the Rules of Procedure of the Court — Manifest inadmissibility
Case C-604/15 P Pérez Gutiérrez v Commission
Appeal — Rules of Procedure of the Court of Justice — Article 181 — Non-contractual liability of the European Union — Public health — Photographs proposed by the European Commission for the health warnings to be shown on packaging for tobacco products — Unauthorised use of the image of a deceased person
Case C-246/15 P Pollmeier Massivholz v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — State aid — State measures concerning the establishment of a sawmill in Land Hessen (Germany) — Decision finding no State aid — Formal investigation procedure not initiated — Appeal manifestly inadmissible in part and manifestly unfounded in part
Case C-271/15 P Sea Handling v Commission
Appeal — Public right of access to documents of the EU institutions — Regulation (EC) No 1049/2001 — Third indent of Article 4(2) — Exceptions to the right of access to documents — Incorrect interpretation — Obligation to state reasons — Documents relating to a procedure for reviewing State aid — Protection of the purpose of inspections, investigations and audits — General presumption of application of the exception to the right of access to all documents in the administrative file — Scope of the presumption of confidentiality — Application for access to the complaint which gave rise to an inquiry procedure — Refusal of access — Overriding public interest
Case C-456/15 BASF v Bundesrepublik Deutschland
Preliminary reference — Article 99 of the Court’s Rules of Procedure — Scheme for greenhouse gas emission allowance trading in the European Union — Directive 2003/87/EC — Article 10a(5) — Method for allocating allowances — Free allocation of allowances — Method for calculating the uniform cross-sectoral correction factor — Decision 2011/278/EU — Article 15(3) — Decision 2013/448/EU — Article 4 — Annex II — Validity)
Case C-338/15 P Staelen v European Ombudsman
Appeal — Non-contractual liability — Handling by the European Ombudsman of a complaint concerning the management of a list of suitable candidates following an open competition — Rules of Procedure of the Court of Justice — Article 181)
Case C-141/16 Stanleybet Malta and Stoppani v Agenzia delle dogane e dei Monopoli
Reference for a preliminary ruling — Freedom of establishment and freedom to provide services — Single tax on betting and pools — Making subject to taxation national intermediaries which transmit game data on behalf of operators established in another Member State — Absence of sufficient information concerning the factual and regulatory background to the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling — Manifest inadmissibility)
Case C-104/15 Commission v Romania
Failure of a Member State to fulfil obligations — Environmental protection — Directive 2006/21/EC — Waste management — Mining — Tailing ponds — Dust re-emission — Fine airborn dust particles — Pollution — Human health — Obligatory preventative measures — Articles 4 and 13 — Finding of infringement
Joined Cases C-363/15 P and C-364/15 P Louis Vuitton Malletier v EUIPO
Appeal — European Union trade mark — No need to adjudicate
Case C-87/16 P Tsujimoto v Kenzo
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Community word mark — Word mark KENZO ESTATE — Earlier Community word mark KENZO — Relative ground for refusal — Reputation — Regulation (EC) No 207/2009 — Article 8(5) — Partial rejection of the opposition
Case C-330/15 P Tomana and Others v Council and Commission
Appeal — Restrictive measures imposed on certain persons and entities forming part of the Government of Zimbabwe or linked to it — List of persons, groups and entities covered by the freezing of funds and economic resources — Inclusion of the appellants’ names
September 2016
Case C-182/15 Petruhhin
Reference for a preliminary ruling — Citizenship of the Union — Extradition to a third State of a national of a Member State who has exercised his right to freedom of movement — Scope of EU law — Protection of a Member State’s nationals against extradition — No protection for nationals of the other Member States — Restriction of freedom of movement — Justification based on the prevention of impunity — Proportionality — Verification of the guarantees provided for in Article 19 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Bot delivered on 10 May 2016
ECLI:EU:C:2016:330 |
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Judgment of the Court (Grand Chamber) of 6 September 2016
ECLI:EU:C:2016:630 |
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Case C-113/14 Germany v Parliament and Council
Action for annulment — Choice of legal basis — Article 43(2) TFEU or Article 43(3) TFEU — Common organisation of the markets in agricultural products — Regulation (EU) No 1308/2013 — Article 7 — Regulation (EU) No 1370/2013 — Article 2 — Measures on fixing prices — Reference thresholds — Intervention prices
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 20 April 2016
ECLI:EU:C:2016:279 |
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Judgment of the Court (Fifth Chamber) of 7 September 2016
ECLI:EU:C:2016:635 |
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Case C-549/14 Finn Frogne v Rigspolitiet ved Center for Beredskabskommunikation
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Article 2 — Principle of equal treatment — Obligation of transparency — Contract for the supply of a complex communications system — Difficulties in performance of the contract — Disagreement of the parties in regard to areas of responsibility — Settlement — Reduction in the scope of the contract — Transformation of a rental of equipment into a sale of equipment — Material amendment to a contract — Justification by the objective opportunity of finding an amicable solution
Request for a preliminary ruling from the Højesteret
Language of the case: Danish
| Summary |
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Judgment of the Court (Eighth Chamber) of 7 September 2016
ECLI:EU:C:2016:634 |
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Case C-584/14 Commission v Greece
Failure of a Member State to fulfil obligations — Environment –Directive 2006/12/EC — Directive 91/689/EEC — Directive 1999/31/EC — Waste management — Judgment of the Court establishing a failure to fulfil obligations — Non-implementation — Article 260(2) TFEU — Pecuniary penalties — Periodic penalty payment — Lump sum
Language of the case: Greek
| Summary |
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Judgment of the Court (Fifth Chamber) of 7 September 2016
ECLI:EU:C:2016:636 |
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Case C-101/15 P Pilkington Group and Others v Commission
Appeal — Agreements, decisions and concerted practices — Article 101 TFEU — Article 53 of the Agreement on the European Economic Area of 2 May 1992 — European market for automotive glass — Market-sharing agreements and exchanges of commercially sensitive information — Fines — 2006 Guidelines on the method of setting fines — Point 13 — Value of sales — Regulation (EC) No 1/2003 — Second subparagraph of Article 23(2) — Statutory ceiling of the fine — Exchange rate for the calculation of the ceiling of the fine — Amount of the fine — Unlimited jurisdiction — Mono-product undertakings — Proportionality — Equal treatment
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 14 April 2016
ECLI:EU:C:2016:258 |
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Judgment of the Court (Fourth Chamber) of 7 September 2016
ECLI:EU:C:2016:631 |
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Case C-121/15 ANODE v Premier ministre and Others
Reference for a preliminary ruling — Approximation of laws — Directive 2009/73/EC — Energy — Gas sector — Fixing of prices for supplying natural gas to final customers — Regulated tariffs — Obstacle — Compatibility — Criteria of assessment — Objectives of security of supply and territorial cohesion
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 12 April 2016
ECLI:EU:C:2016:248 |
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Judgment of the Court (Fifth Chamber) of 7 September 2016
ECLI:EU:C:2016:637 |
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Case C-310/15 Deroo-Blanquart v Sony Europe
Reference for a preliminary ruling — Consumer protection — Unfair commercial practices — Directive 2005/29/EC — Articles 5 and 7 — Combined offer — Sale of a computer equipped with pre-installed software — Material information relating to the price — Misleading omission — Consumer unable to obtain the same model of computer not equipped with software
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Judgment of the Court (Eighth Chamber) of 7 September 2016
ECLI:EU:C:2016:633 |
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Case C-409/14 Schenker v Nemzeti Adó- és Vámhivatal Észak-alföldi Regionális Vám- és Pénzügyőri Főigazgatósága
Reference for a preliminary ruling — Common Customs Tariff — Combined Nomenclature — Classification of goods — Interpretation of a subheading of the Combined Nomenclature — Directive 2008/118/EC — Importation of excise goods — Customs suspensive procedure or arrangement — Effects of a customs declaration referring to an incorrect subheading of the Combined Nomenclature — Irregularities during the movement of excise goods
Request for a preliminary ruling from the Debreceni Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Kokott delivered on 4 February 2016
ECLI:EU:C:2016:76 |
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Judgment of the Court (Fifth Chamber) of 8 September 2016
ECLI:EU:C:2016:643 |
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Case C-160/15 GS Media v Sanoma Media Netherlands and Others
Reference for a preliminary ruling — Copyright and related rights — Directive 2001/29/EC — Information society — Harmonisation of certain aspects of copyright and related rights — Article 3(1) — Communication to the public — Definition — Internet — Hyperlinks giving access to protected works, made accessible on another website without the rightholder’s consent — Works not yet published by the rightholder — Posting of such links for a profit
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Wathelet delivered on 7 April 2016
ECLI:EU:C:2016:221 |
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Judgment of the Court (Second Chamber) of 8 September 2016
ECLI:EU:C:2016:644 |
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Case C-180/15 Borealis and Others v Naturvårdsverket
Reference for a preliminary ruling — Scheme for greenhouse gas emission allowance trading within the European Union — Directive 2003/87/EC — Article 10a — Method of allocating free allowances — Calculation of the uniform cross-sectoral correction factor — Decision 2013/448/EU — Article 4 — Annex II — Validity — Determination of the product benchmark for hot metal — Decision 2011/278/EU — Annex I — Validity — Article 3(c) — Article 7 — Article 10(1) to (3) and 8 –Annex IV — Free allowances for the consumption and for the export of heat — Measurable heat exported to private households — Prohibition on double-counting of emissions and of double allocation of allowances
Request for a preliminary ruling from the Nacka Tingsrätt – Mark- och miljödomstolen
Language of the case: Swedish
| Summary |
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Judgment of the Court (Sixth Chamber) of 8 September 2016
ECLI:EU:C:2016:647 |
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Case C-225/15 Criminal proceedings against Politanò
Reference for a preliminary ruling — Article 49 TFEU — Freedom of establishment — Betting and gambling — Restrictions — Overriding reasons of public interest — Proportionality — Public procurement — Conditions for participating in a call for tenders and assessment of economic and financial standing — Exclusion of the tenderer for not presenting certificates of economic and financial standing issued by two different banks — Directive 2004/18/EC — Article 47 — Applicability
Request for a preliminary ruling from the Tribunale di Reggio Calabria
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wahl delivered on 16 June 2016
ECLI:EU:C:2016:456 |
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Judgment of the Court (Second Chamber) of 8 September 2016
ECLI:EU:C:2016:645 |
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Case C-322/15 Google Ireland and Google Italy v Autorità per le Garanzie nelle Comunicazioni
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Lack of sufficient information concerning the factual and legal context of the dispute in the main proceedings and the reasons justifying the need for a reply to the question referred — Manifest inadmissibility
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
| Summary |
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Order of the Court (Fourth Chamber) of 8 September 2016
ECLI:EU:C:2016:672 |
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Case C-461/15 E.ON Kraftwerke v Bundesrepublik Deutschland
Reference for a preliminary ruling — Environment — Greenhouse gas emission allowance trading scheme within the European Union — Directive 2003/87/EC — Harmonised free allocation of emission allowances — Decision 2011/278/EU — Change to the allocation — Article 24(1) — Obligation of the operator of the installation to provide information — Scope
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 8 September 2016
ECLI:EU:C:2016:648 |
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Case C-165/14 Rendón Marín v Administración del Estado
Reference for a preliminary ruling — Citizenship of the Union — Articles 20 and 21 TFEU — Directive 2004/38/EC — Right of a third-country national with a criminal record to reside in a Member State — Parent having sole care of two minor children, who are Union citizens — First child possessing the nationality of the Member State of residence — Second child possessing the nationality of another Member State — National legislation precluding grant of a residence permit to the father because of his criminal record — Refusal of residence capable of resulting in the children being obliged to leave the territory of the European Union
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Szpunar delivered on 4 February 2016
ECLI:EU:C:2016:75 |
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Judgment of the Court (Grand Chamber) of 13 September 2016
ECLI:EU:C:2016:675 |
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Case C-304/14 Secretary of State for the Home Department v CS
Reference for a preliminary ruling — Citizenship of the Union — Article 20 TFEU — Third-country national having a young dependent child who is a Union citizen — Right to reside in the Member State of which the child is a national — Criminal convictions of the child’s parent — Decision to expel the parent resulting in the indirect expulsion of the child concerned
Request for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber) London
Language of the case: English
| Summary |
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Judgment of the Court (Grand Chamber) of 13 September 2016
ECLI:EU:C:2016:674 |
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Case C-596/14 de Diego Porras v Ministerio de Defensa
References for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Concept of ‘employment conditions’ — Compensation for termination of a contract of employment — Compensation not provided for by the national legislation for temporary employment contracts — Difference of treatment as compared with permanent workers
Request for a preliminary ruling from the Tribunal Superior de Justicia de Madrid
Language of the case: Spanish
| Summary |
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Judgment of the Court (Tenth Chamber) of 14 September 2016
ECLI:EU:C:2016:683 |
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Case C-16/15 Pérez López v Servicio Madrileño de Salud
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clauses 3 to 5 — Successive fixed-term employment contracts within the public health service — Measures to prevent the abusive use of successive fixed-term employment relationships — Penalties — Reclassification of the employment relationship — Right to compensation
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo de Madrid
Language of the case: Spanish
| Summary |
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Judgment of the Court (Tenth Chamber) of 14 September 2016
ECLI:EU:C:2016:679 |
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Joined Cases C-184/15 and C-197/15 Martínez Andrés and Castrejana López v Servicio Vasco de Salud and Ayuntamiento de Vitoria
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clauses 5 and 8 — Use of successive fixed-term employment contracts — Measures to prevent abuse resulting from the use of successive fixed-term employment contracts or relationships — Penalties — Reclassification of the fixed-term employment relationship as a ‘non-permanent employment contract of indefinite duration’ — Principle of effectiveness
Requests for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco
Language of the case: Spanish
| Summary |
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Judgment of the Court (Tenth Chamber) of 14 September 2016
ECLI:EU:C:2016:680 |
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Case C-519/15 P Trafilerie Meridionali v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Fines — Setting of the fines — 2006 Guidelines for the setting of fines — Point 35 — Unlimited jurisdiction — Obligation to state reasons — Charter of Fundamental Rights of the European Union — Article 47 — Right to an effective remedy within a reasonable time
Language of the case: Italian
| Summary |
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Judgment of the Court (Sixth Chamber) of 14 September 2016
ECLI:EU:C:2016:682 |
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Case C-534/15 Dumitraș v Groupe Société Générale
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms — Article 1(1) — Article 2(b) — Status of consumer — Assignment of a debt by novation of loan agreements — Contracts providing immovable property as security entered into by individuals not having any professional relationship with the new debtor company
Request for a preliminary ruling from the Judecâtoria Satu Mare
Language of the case: Romanian
| Summary |
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Order of the Court (Tenth Chamber) of 14 September 2016
ECLI:EU:C:2016:700 |
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Joined Cases C-439/14 and C-488/14 Star Storage and Others v ICI and Others
Reference for a preliminary ruling — Directives 89/665/EEC and 92/13/EEC — Public procurement — Review procedures — National legislation making the admissibility of appeals against the acts of a contracting authority subject to giving a ‘good conduct guarantee’ — Charter of Fundamental Rights of the European Union — Article 47 — Right to an effective remedy
Requests for a preliminary ruling from the Curtea de Apel Bucureşti and Curtea de Apel Oradea
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Sharpston delivered on 28 April 2016
ECLI:EU:C:2016:307 |
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Judgment of the Court (Third Chamber) of 15 September 2016
ECLI:EU:C:2016:688 |
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Case C-484/14 Mc Fadden v Sony Music Entertainment Germany
Reference for a preliminary ruling — Information society — Free movement of services — Commercial wireless local area network (WLAN) — Made available to the general public free of charge — Liability of intermediary service providers — Mere conduit — Directive 2000/31/EC — Article 12 — Limitation of liability — Unknown user of the network — Infringement of rights of rightholders over a protected work — Duty to secure the network — Tortious liability of the trader
Request for a preliminary ruling from the Landgericht München I
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 16 March 2016
ECLI:EU:C:2016:170 |
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Judgment of the Court (Third Chamber) of 15 September 2016
ECLI:EU:C:2016:689 |
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Case C-516/14 Barlis 06 – Investimentos Imobiliários e Turísticos v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Article 178(a) — Right of deduction — Conditions of exercise — Article 226(6) and (7) — Details required in invoices — Extent and nature of the services rendered — Date on which the supply of services is made
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Kokott delivered on 18 February 2016
ECLI:EU:C:2016:101 |
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Judgment of the Court (Fourth Chamber) of 15 September 2016
ECLI:EU:C:2016:690 |
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Case C-518/14 Senatex v Finanzamt Hannover-Nord
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Article 167, Article 178(a), Article 179 and Article 226(3) — Deduction of input tax — Invoices not showing a tax number or VAT identification number — Legislation of a Member State excluding the ex tunc correction of an invoice
Request for a preliminary ruling from the Niedersächsisches Finanzgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 17 February 2016
ECLI:EU:C:2016:91 |
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Judgment of the Court (Fourth Chamber) of 15 September 2016
ECLI:EU:C:2016:691 |
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Case C-574/14 PGE v Prezes Urzędu Regulacji Energetyki
Reference for a preliminary ruling — State aid — Power Purchase Agreements — Compensation paid for voluntary termination — Commission decision finding State aid compatible with the internal market — Assessment of the lawfulness of aid by a national court — Annual adjustment of stranded costs — Point at which an energy generator’s membership of a group of undertakings is taken into account
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 14 April 2016
ECLI:EU:C:2016:261 |
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Judgment of the Court (Fifth Chamber) of 15 September 2016
ECLI:EU:C:2016:686 |
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Case C-28/15 Koninklijke KPN and Others v ACM
Reference for a preliminary ruling — Common regulatory framework for electronic communications networks and services — Directive 2002/21/EC — Articles 4 and 19 — National Regulatory Authority — Harmonisation measures — Recommendation 2009/396/EC — Legal scope — Directive 2002/19/EC — Articles 8 and 13 — Operator designated as having significant market power on a market — Obligations imposed by national regulatory authorities — Price control and cost accounting obligations — Fixed and mobile call termination rates — Scope of the review that national courts can exercise over the decisions of national regulatory authorities
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Mengozzi delivered on 28 April 2016
ECLI:EU:C:2016:310 |
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Judgment of the Court (Second Chamber) of 15 September 2016
ECLI:EU:C:2016:692 |
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Case C-400/15 Landkreis Potsdam-Mittelmark v Finanzamt Brandenburg
Reference for a preliminary ruling — Taxation — Value Added Tax — Sixth Council Directive 77/388/EEC — Right to deduction — Decision 2004/817/EC — Legislative provision of a Member State — Expenditure on goods and services — Extent of use of goods or services for non-economic purposes greater than 90% of total use — Exclusion of the right to deduct
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 15 September 2016
ECLI:EU:C:2016:687 |
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Joined Cases C-8/15 P to C-10/15 P Ledra Advertising and Others v Commission and ECB
Appeals — Stability support programme for the Republic of Cyprus — Memorandum of Understanding of 26 April 2013 on Specific Economic Policy Conditionality concluded between the Republic of Cyprus and the European Stability Mechanism (ESM) — Duties of the European Commission and the European Central Bank — Non-contractual liability of the European Union — Second paragraph of Article 340 TFEU — Conditions — Obligation to ensure that the Memorandum of Understanding is consistent with EU law
Language of the case: English
| Summary |
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Opinion of Advocate General Wahl delivered on 21 April 2016
ECLI:EU:C:2016:290 |
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Judgment of the Court (Grand Chamber) of 20 September 2016
ECLI:EU:C:2016:701 |
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Joined Cases C-105/15 P to C-109/15 P Mallis and Others v Commission and ECB
Appeals — Stability support programme for the Republic of Cyprus — Eurogroup statement concerning, in particular, the restructuring of the banking sector in Cyprus — Actions for annulment
Language of the case: Greek
| Summary |
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Opinion of Advocate General Wathelet delivered on 21 April 2016
ECLI:EU:C:2016:294 |
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Judgment of the Court (Grand Chamber) of 20 September 2016
ECLI:EU:C:2016:702 |
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Case C-592/14 European Federation for Cosmetic Ingredients v Secretary of State for Business, Innovation and Skills and Attorney General
Reference for a preliminary ruling — Approximation of laws — Cosmetic products — Regulation (EC) No 1223/2009 — Article 18(1)(b) — Cosmetic products containing ingredients, or a combination of ingredients, which have been the subject of animal testing ‘in order to meet the requirements of this Regulation’ — Prohibition of marketing within the European Union — Scope
Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)
Language of the case: English
| Summary |
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Opinion of Advocate General Bobek delivered on 17 March 2016
ECLI:EU:C:2016:179 |
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Judgment of the Court (First Chamber) of 21 September 2016
ECLI:EU:C:2016:703 |
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Case C-139/15 P Commission v Spain
Appeal — Cohesion Fund — Reduction of financial assistance — Procedure of adoption of the decision by the European Commission — Existence of a time limit — Non-compliance with the time limit laid down — Consequences
Language of the case: Spanish
| Summary |
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Judgment of the Court (Tenth Chamber) of 21 September 2016
ECLI:EU:C:2016:707 |
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Case C-140/15 P Commission v Spain
Appeal — Cohesion Fund — Reduction of financial assistance — Procedure of adoption of the decision by the European Commission — Existence of a time limit — Non-compliance with the time limit laid down — Consequences
Language of the case: Spanish
| Summary |
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Judgment of the Court (Tenth Chamber) of 21 September 2016
ECLI:EU:C:2016:708 |
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Case C-221/15 Criminal proceedings against Etablissements Fr. Colruyt
Reference for a preliminary ruling — Directive 2011/64/EU — Article 15(1) — Free determination, by the manufacturers and importers, of the maximum retail selling prices of manufactured tobacco products — National regulation prohibiting the sale of such products by retailers at prices lower than those indicated on the revenue stamp — Free movement of goods — Article 34 TFEU — Selling arrangements — Article 101 TFEU, read in conjunction with Article 4(3) TEU
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Wahl delivered on 21 April 2016
ECLI:EU:C:2016:288 |
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Judgment of the Court (Sixth Chamber) of 21 September 2016
ECLI:EU:C:2016:704 |
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Case C-261/15 Nationale Maatschappij der Belgische Spoorwegen v Demey
Rail transport — Regulation (EC) No 1371/2007 — Passengers’ rights and obligations — Absence of a ticket — Failure to regularise within the prescribed period — Criminal offence
Request for a preliminary ruling from the vredegerecht te Ieper
Language of the case: Dutch
| Summary |
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Judgment of the Court (Tenth Chamber) of 21 September 2016
ECLI:EU:C:2016:709 |
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Case C-304/15 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Directive 2001/80/EC — Article 4(3) — Annex VI, Part A — Limitation of emissions of certain pollutants into the air from large combustion plants — Application — Aberthaw Power Station
Language of the case: English
| Summary |
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Opinion of Advocate General Bobek delivered on 28 June 2016
ECLI:EU:C:2016:479 |
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Judgment of the Court (Seventh Chamber) of 21 September 2016
ECLI:EU:C:2016:706 |
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Case C-478/15 Radgen v Finanzamt Ettlingen
Reference for a preliminary ruling — Taxation — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Equal treatment — Income tax — Exemption of income derived from part-time employment as a teacher with a legal person governed by public law established in a Member State of the European Union or in a State to which the Agreement on the European Economic Area of 2 May 1992 applies — Legislation of a Member State excluding from that exemption income derived from such employment with a legal person governed by public law established in Switzerland
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 21 September 2016
ECLI:EU:C:2016:705 |
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Case C-614/15 Popescu v Direcția Sanitar Veterinară și pentru Siguranța Alimentelor
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Successive fixed-term employment contracts — Veterinary assistant in the veterinary health inspection sector — Public sector — Clause 5(1) — Measures aimed at preventing the misuse of fixed-term contracts — Concept of ‘objective reasons’ justifying the use of such contracts — Replacements for vacant posts pending completion of competition procedures
Request for a preliminary ruling from the Curtea de Apel Craiova
Language of the case: Romanian
| Summary |
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Order of the Court (Tenth Chamber) of 21 September 2016
ECLI:EU:C:2016:726 |
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Case C-631/15 Álvarez Santirso v Consejería de Educación, Cultura y Deporte del Principado de Asturias
References for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Successive fixed-term employment contracts in the public sector — Non-tertiary education — National rules — Grant of remuneration supplement — Condition — Positive result obtained in evaluation process — Professors employed as interim civil servants — Not included — Principle of non-discrimination
Request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo No 1 de Oviedo
Language of the case: Spanish
| Summary |
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Order of the Court (Tenth Chamber) of 21 September 2016
ECLI:EU:C:2016:725 |
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Case C-525/14 Commission v Czech Republic
Failure of a Member State to fulfil obligations — Free movement of goods — Article 34 TFEU — Quantitative restrictions on imports — Measures having equivalent effect — Precious metals hallmarked in a third country in accordance with Netherlands legislation — Import into the Czech Republic after being put into free circulation — Refusal to recognise the hallmark — Consumer protection — Proportionality — Admissibility
Language of the case: Czech
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 3 May 2016
ECLI:EU:C:2016:321 |
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Judgment of the Court (Second Chamber) of 22 September 2016
ECLI:EU:C:2016:714 |
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Joined Cases C-14/15 and C-116/15 Parliament v Council
Actions for annulment — Police and judicial cooperation in criminal matters — Automated data exchange — Registration of vehicles — Dactyloscopic data — Legal framework applicable following the entry into force of the Treaty of Lisbon — Transitional provisions — Secondary legal basis — Distinction between legislative acts and implementing measures — Consultation of the European Parliament — Initiative of a Member State or of the European Commission — Voting rules
Language of the case: French
| Summary |
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Opinion of Advocate General Wahl delivered on 7 June 2016
ECLI:EU:C:2016:411 |
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Judgment of the Court (Third Chamber) of 22 September 2016
ECLI:EU:C:2016:715 |
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Case C-91/15 Kawasaki Motors Europe v Inspecteur van de Belastingdienst/Douane
Reference for a preliminary ruling — Assessment of validity — Regulation (EC) No 1051/2009 — Common Customs Tariff — Tariff classification — Combined Nomenclature — Heading 8701 — Tractors — Subheadings 8701 90 11 to 8701 90 39 — Agricultural tractors (excluding pedestrian-controlled tractors) and forestry tractors, wheeled, new — Light four-wheeled all terrain vehicles designed to be used as tractors
Request for a preliminary ruling from the Gerechtshof Amsterdam
Language of the case: Dutch
| Summary |
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Judgment of the Court (Eighth Chamber) of 22 September 2016
ECLI:EU:C:2016:716 |
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Case C-110/15 Microsoft Mobile Sales International and Others v MiBAC and Others
Reference for a preliminary ruling — Approximation of laws — Intellectual property — Copyright and related rights — Directive 2001/29/EC — Exclusive right of reproduction — Exceptions and limitations — Article 5(2)(b) — Private copying exception — Fair compensation — Conclusion of agreements governed by private law to determine the criteria for exemption from payment of fair compensation — Request for reimbursement of compensation confined to the final user
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wahl delivered on 4 May 2016
ECLI:EU:C:2016:326 |
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Judgment of the Court (Second Chamber) of 22 September 2016
ECLI:EU:C:2016:717 |
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Case C-113/15 Breitsamer und Ulrich v Landeshauptstadt München
Reference for a preliminary ruling — Directive 2000/13/EC — Labelling and presentation of foodstuffs — Article 1(3)(b) — Concept of ‘pre-packaged foodstuff’ — Article 2 — Consumer information and protection — Article 3(1)(8) — Place of origin or provenance of a foodstuff — Article 13(1) — Labelling of a prepackaged foodstuff — Article 13(4) — Packaging or containers the largest surface of which has an area of less than 10 cm2 — Directive 2001/110/EC — Article 2(4) — Indication of the country or countries of origin of honey — Individual portions of honey packaged in cartons supplied to mass caterers — Individual portions sold separately or supplied to ultimate consumers as part of meals for an all-inclusive price — Indication of the country or countries of origin of that honey
Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 5 April 2016
ECLI:EU:C:2016:200 |
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Judgment of the Court (Third Chamber) of 22 September 2016
ECLI:EU:C:2016:718 |
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Case C-223/15 combit Software v Commit Business Solutions
Reference for a preliminary ruling — Regulation (EC) No 207/2009 — European Union trade mark — Unitary character — Finding of a likelihood of confusion in respect of only part of the European Union — Territorial scope of the prohibition referred to in Article 102 of that regulation
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 25 May 2016
ECLI:EU:C:2016:351 |
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Judgment of the Court (Second Chamber) of 22 September 2016
ECLI:EU:C:2016:719 |
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Case C-492/14 Essent Belgium v Vlaamse Gewest and Others
Reference for a preliminary ruling — Regional legislation requiring the distribution, through the systems located in the region concerned, of electricity produced from renewable energy sources to be free of charge — Different treatment depending on the origin of the green electricity — Articles 28 EC and 30 EC — Free movement of goods — Directive 2001/77/EC — Articles 3 and 4 — National support mechanisms for the production of green energy — Directive 2003/54/EC — Articles 3 and 20 — Directive 96/92/EC — Articles 3 and 16 — Internal market in electricity — Access to distribution systems on non-discriminatory tariff conditions — Public service obligations — Lack of proportionality
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg te Brussel
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bot delivered on 14 April 2016
ECLI:EU:C:2016:257 |
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Judgment of the Court (Second Chamber) of 29 September 2016
ECLI:EU:C:2016:732 |
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Information (on unpublished decisions)
Case C-224/14 P Lidl Stiftung v EUIPO
Appeal — EU trade mark — Article 181 of the Rules of Procedure of the Court of Justice — Appeal manifestly inadmissible or manifestly unfounded
Case C-237/14 P Lidl Stiftung v EUIPO
Appeal — EU trade mark — Article 181 of the Rules of Procedure of the Court of Justice — Appeal manifestly inadmissible or manifestly unfounded
Case C-378/16 P-R Inclusion Alliance for Europe v Commission
Application for interim measures — Appeal — Application for suspension of operation of a measure — Decision of the European Commission — Obligation to reimburse the sums paid to the applicant, together with interest, in the context of certain projects financed by the European Union for research, technological development and demonstration activities — Manifest inadmissibility
Case C-228/15 Criminal proceedings against Velikova
Preliminary ruling — Right of Union citizens to move and reside within the territory of the European Union — Lack of relevance of the request for a preliminary ruling to settle the dispute in the main proceedings — Manifest inadmissibility
Case C-586/15 P Lotte v Nestlé Unternehmungen Deutschland
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Figurative mark including a word element in Japanese and a picture of a koala in a tree holding a small koala — Opposition by the proprietor of the earlier national three-dimensional mark KOALA-BÄREN and earlier figurative mark KOALA — Proof of genuine use of the mark — Use of the mark in a form differing by elements not altering the distinctive character of the mark — Article 15(1)(a) and Article 42(2) and (3) of Regulation (EC) No 207/2009 — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-309/15 P Real Express v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Regulation (EC) No 207/2009 — Blue and red figurative mark containing the word element ‘real’ — Opposition of the proprietor of the black and white national figurative marks containing the word elements ‘Real’ and ‘Real mark’ — Rejection of the opposition
Case C-459/15 P Iranian Offshore Engineering & Construction v Council
Appeal — Restrictive measures taken against the Islamic Republic of Iran — List of persons and entities subject to the freezing of funds and economic resources — Logistical support to the Iranian Government — Inclusion of the appellant’s name
Joined Cases C-91/16 and C-120/16 Caixabank v Benlliure Santiago and Abanca Corporación Bancaria v González Rey Others
Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms — Default interest rate — Application of the remunerative interest rate — Article 53(2) of the Rules of Procedure of the Court of Justice — Inadmissibility
Case C-551/14 P Arctic Paper Mochenwangen v Commission
Appeal — Environment — Directive 2003/87/EC — Article 10a — Scheme for greenhouse gas emission allowance trading — Transitional rules for harmonised free allocation of emission allowances from 2013 — Decision 2011/278/EU — National implementation measures submitted by the Federal Republic of Germany — Rejection of the registration of certain installations on the lists of installations receiving free allocations of emission allowances — Provision relating to cases of ‘undue hardship’ — Implementing powers of the Commission
Case C-564/14 P Raffinerie Heide v Commission
Appeal — Environment — Directive 2003/87/EC — Article 10a — Scheme for greenhouse gas emission allowance trading — Transitional rules for harmonised free allocation of emission allowances from 2013 — Decision 2011/278/EU — National implementation measures submitted by the Federal Republic of Germany — Rejection of the registration of certain installations on the lists of installations receiving free allocations of emission allowances — Provision relating to cases of ‘undue hardship’ — Implementing powers of the Commission
Case C-565/14 P Romonta v Commission
Appeal — Environment — Directive 2003/87/EC — Article 10a — Scheme for greenhouse gas emission allowance trading — Transitional rules for harmonised free allocation of emission allowances from 2013 — Decision 2011/278/EU — National implementation measures submitted by the Federal Republic of Germany — Rejection of the registration of certain installations on the lists of installations receiving free allocations of emission allowances — Provision relating to cases of ‘undue hardship’ — Implementing powers of the Commission
Joined Cases C-490/15 P and C-505/15 P Ori Martin and SLM v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Fines — Setting of the fines — Regulation (EC) No 1/2003 — Article 23(2) — Presumption of actual exercise of decisive influence by the parent company over the subsidiary — The 2006 Guidelines on the method of setting fines — Principle of non-retroactivity — Charter of Fundamental Rights of the European Union — Article 47 — Right to an effective remedy within a reasonable time — Charter of Fundamental Rights — Article 41 — Right to proceedings being conducted within a reasonable time
Case C-442/15 P Pensa Pharma v EUIPO
Appeal — EU trade mark — Word mark PENSA PHARMA — Figurative mark pensa — Applications for a declaration of invalidity of the holders of the word marks pentasa — Declaration of invalidity — Proceedings before EUIPO — Change in the subject matter of the proceedings — New plea before the General Court
Case C-595/15 P NIOC and Others v Council
Appeal — Restrictive measures taken against the Islamic Republic of Iran — List of persons and entities subject to the freezing of funds and economic resources — Implementing Regulation (EU) No 945/2012 — Legal basis — Meaning of associated entity
Case C-130/16 P Gaki v Commission
Appeal — Article 181 of the Rules of Procedure — Action for annulment — Action brought against the refusal of the European Commission to initiate the procedure for failure to fulfil obligations — Application for an injunction to be imposed on an institution of the European Union — Claim for compensation
Case C-438/15 Criminal proceedings against Durante
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Identical questions referred — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Gambling — Restrictions — Overriding reasons relating to the public interest — Proportionality — Conditions taking part in a tendering procedure and evaluation of economic and financial capacity — Tenderer excluded for failure to produce testimonials of his economic and financial capacity given by two separate banking institutions
Case C-542/15 Criminal proceedings against Manzo
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Identical questions referred — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gambling — Restrictions — Overriding grounds of general interest — Proportionality — Public procurement — Conditions for participating in a call for tenders and assessment of economic and financial standing — Exclusion of the tenderer for failure to present certificates of economic and financial standing issued by two different banks — Directive 2004/18/EC — Article 47 — Applicability
Case C-102/14 P Investigación y Desarrollo en Soluciones y Servicios IT v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Contracts in respect of EU financial support for projects in the research and development field — Audit report identifying irregularities — Decision to recover advances paid by the European Commission — Action for annulment — Decision to suspend payments — Action to establish non-contractual liability — Decision not to conclude a contract — Action for damages — Inadmissibility
Case C-400/16 P(R) Efler and Others v Commission
Appeal — Application for interim measures — Law governing the institutions — Citizens’ initiative ‘STOP TTIP’ — Refusal of registration — Interest in bringing proceedings — No need to adjudicate — Manifest lack of jurisdiction
October 2016
Case C-412/15 TMD v Finanzamt Kassel II - Hofgeismar
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Exemptions for certain activities in the public interest — Article 132(1)(d) — Supplies of human organs, blood and milk — Scope — Plasma of human blood transformed and used for industrial purposes
Request for a preliminary ruling from the Hessisches Finanzgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 2 June 2016
ECLI:EU:C:2016:395 |
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Judgment of the Court (Third Chamber) of 5 October 2016
ECLI:EU:C:2016:738 |
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Case C-572/15 F. Hoffmann-La Roche v Accord Healthcare
Reference for a preliminary ruling — Industrial and commercial property — Patent — Supplementary protection certificate — Regulation (EC) No 469/2009 — Article 21(2) — Transitional provisions — Certificate granted in accordance with the national legislation of a Member State prior to its accession to the European Union — Interpretation of Article 21(2) — Duration of validity of the certificate — Validity of Article 21(2) — Adjustment to secondary legislation resulting directly from the Act of Accession — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
| Summary |
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Judgment of the Court (Seventh Chamber) of 5 October 2016
ECLI:EU:C:2016:739 |
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Case C-576/15 Maya Marinova v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Article 2(1)(a) — Article 9(1) — Article 14(1) — Articles 73, 80 and 273 — Principles of fiscal neutrality and proportionality — Tax evasion — Anomalies in accounting — Concealment of supplies and revenue — Determination of the taxable amount
Request for a preliminary ruling from the Administrativen sad Veliko Tarnovo
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Seventh Chamber) of 5 October 2016
ECLI:EU:C:2016:740 |
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Case C-32/16 Wunderlich v Bulgarian Air Charter
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Absence of reasonable doubt — Air transport — Regulation (EC) No 261/2004 — Article 2(l) — Definition of ‘cancellation’ — Flight making an unscheduled stopover
Request for a preliminary ruling from the Amtsgericht Dresden
Language of the case: German
| Summary |
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Order of the Court (Eighth Chamber) of 5 October 2016
ECLI:EU:C:2016:753 |
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Case C-218/15 Paoletti and Others v Procura della Repubblica
Reference for a preliminary ruling — Article 6 TEU — Article 49 of the Charter of Fundamental Rights of the European Union — Principle of retroactivity of the more lenient criminal law — Italian nationals having organised the illegal entry into Italy of Romanian nationals — Acts carried out before the accession of Romania to the European Union — Effect of Romania’s accession on the criminal offence of facilitation of illegal immigration — Implementation of EU law — Jurisdiction of the Court
Request for a preliminary ruling from the Tribunale ordinario di Campobasso
Language of the case: Italian
| Summary |
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Opinion of Advocate General Bot delivered on 26 May 2016
ECLI:EU:C:2016:370 |
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Judgment of the Court (Fifth Chamber) of 6 October 2016
ECLI:EU:C:2016:748 |
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Case C-318/15 Tecnoedi Costruzioni v Comune di Fossano
Reference for a preliminary ruling — Public works contracts — Directive 2004/18/EC — Article 7(c) — Threshold amount for public contracts — Threshold not reached — Abnormally low tenders — Automatic exclusion — Discretion of the contracting authority — Obligations of the contracting authority arising from freedom of establishment, freedom to provide services and the general principle of non-discrimination — Contracts which may be of certain cross-border interest
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte
Language of the case: Italian
| Summary |
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Judgment of the Court (Fourth Chamber) of 6 October 2016
ECLI:EU:C:2016:747 |
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Case C-466/15 Adrien and Others v Premier ministre and Others
Reference for a preliminary ruling — Freedom of movement for workers — National detached officials within an EU institution or body — Old-age pension — Right to opt — Suspension or maintenance of the affiliation to the national pension scheme — Limitation on the aggregation of the pension acquired under the national pension scheme with that acquired under the EU pension scheme
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Judgment of the Court (Fourth Chamber) of 6 October 2016
ECLI:EU:C:2016:749 |
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Case C-601/14 Commission v Italy
Failure of a Member State to fulfil obligations — Directive 2004/80/EC — Article 12(2) — National compensation schemes for victims of violent intentional crime guaranteeing fair and appropriate compensation — National scheme not covering all violent intentional crimes committed on the national territory
Language of the case: Italian
| Summary |
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Opinion of Advocate General Bot delivered on 12 April 2016
ECLI:EU:C:2016:249 |
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Judgment of the Court (Grand Chamber) of 11 October 2016
ECLI:EU:C:2016:759 |
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Case C-92/15 Mathys v De Grave Antverpia
Reference for a preliminary ruling — Directive 96/75/EC — Systems of chartering and pricing in inland waterway transport — Scope — Article 1(b) — ‘Carrier’ — Article 2 — Freedom to conclude contracts and negotiate prices
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
| Summary |
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Judgment of the Court (Eighth Chamber) of 12 October 2016
ECLI:EU:C:2016:761 |
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Case C-166/15 Ranks and Vasiļevičs v Finanšu un ekonomisko noziegumu izmeklēšanas prokoratūra and Microsoft
Reference for a preliminary ruling — Intellectual property — Copyright and related rights — Directive 91/250/EEC — Article 4(a) and (c) — Article 5(1) and (2) — Directive 2009/24/EC — Article 4(1) and (2) — Article 5(1) and (2) — Legal protection of computer programs — Resale of ‘used’ licensed copies of computer programs on non-original material media — Exhaustion of the distribution right — Exclusive right of reproduction
Request for a preliminary ruling from the Rīgas apgabaltiesas Krimināllietu tiesu kolēģija
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 1 June 2016
ECLI:EU:C:2016:384 |
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Judgment of the Court (Third Chamber) of 12 October 2016
ECLI:EU:C:2016:762 |
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Case C-185/15 Kostanjevec v F&S Leasing
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 6(3) — Definition of ‘counterclaim’ — Claim based on unjust enrichment — Payment of a sum due under a decision that has been set aside — Temporal application
Request for a preliminary ruling from the Vrhovno sodišče
Language of the case: Slovene
| Summary |
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Opinion of Advocate General Kokott delivered on 2 June 2016
ECLI:EU:C:2016:397 |
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Judgment of the Court (Third Chamber) of 12 October 2016
ECLI:EU:C:2016:763 |
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Case C-340/15 Nigl v Finanzamt Waldviertel
Reference for a preliminary ruling — Taxation — Value added tax — Sixth Directive 77/388/EEC — Article 4(1) and (4) — Directive 2006/112/EC — Articles 9 and 11 — Concept of ‘taxable person’ — Civil-law partnerships selling their products under a common trade mark and through a limited company — Concept of ‘independent undertaking’ — Refusal of the status of taxable person — Retroactivity — Sixth Directive 77/388 — Article 25 — Directive 2006/112 — Articles 272 and 296 — Flat-rate scheme for farmers — Exclusion from the flat-rate scheme — Retroactivity
Request for a preliminary ruling from the Bundesfinanzgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 30 June 2016
ECLI:EU:C:2016:505 |
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Judgment of the Court (Third Chamber) of 12 October 2016
ECLI:EU:C:2016:764 |
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Joined Cases C-511/15 and C-512/15 Horžić and Pušić v Privredna banka Zagreb and Prka
References for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Agreements concerning credit for consumers — Directive 2008/48/EC — Credit agreement for immovable property — Variable interest rates — Obligations on the creditor — National legislation applicable to agreements existing at the date on which that legislation comes into force — Inapplicability of Directive 2008/48
References for a preliminary ruling from the Prekršajni Sud u Bjelovaru
Language of the case: Croatian
| Summary |
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Order of the Court (Sixth Chamber) of 12 October 2016
ECLI:EU:C:2016:787 |
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Case C-231/15 Prezes Urzędu Komunikacji Elektronicznej and Petrotel v Polkomtel
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/21/EC — Article 4(1) — Right of appeal against a decision taken by a national regulatory authority — Effective appeal mechanism — Decision of a national regulatory authority to continue to apply pending the outcome of the appeal — Temporal effects of a decision of a national court annulling a decision of a national regulatory authority — Possibility of annulling a decision of the national regulatory authority with retroactive effect — Principles of legal certainty and protection of legitimate expectations
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 14 June 2016
ECLI:EU:C:2016:440 |
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Judgment of the Court (Second Chamber) of 13 October 2016
ECLI:EU:C:2016:769 |
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Case C-277/15 Servoprax v Roche Diagnostics Deutschland
Reference for a preliminary ruling — Approximation of laws — In vitro diagnostic medical devices — Directive 98/79/EC — Parallel imports — Translation by the importer of the information and instructions for use provided by the manufacturer — Supplementary conformity assessment procedure
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 16 June 2016
ECLI:EU:C:2016:457 |
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Judgment of the Court (First Chamber) of 13 October 2016
ECLI:EU:C:2016:770 |
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Case C-294/15 Mikołajczyk v Czarnecka and Czarnecki
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 1(1)(a) — Material scope — Action for annulment of marriage brought by a third party after the death of one of the spouses — Article 3(1) — Jurisdiction of the courts of the Member State of residence of the ‘applicant’ — Scope
Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie
Language of the case: Polish
| Summary |
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Opinion of Advocate General Wathelet delivered on 26 May 2016
ECLI:EU:C:2016:367 |
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Judgment of the Court (Second Chamber) of 13 October 2016
ECLI:EU:C:2016:772 |
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Case C-303/15 Naczelnik Urzędu Celnego I w Ł. v M. and S.
Reference for a preliminary ruling — Technical regulations in the gambling sector — Directive 98/34/EC — Concept of ‘technical regulation’ — Obligation on Member States to notify the European Commission of all draft technical regulations — Inapplicability of rules classifiable as technical regulations not notified to the Commission
Request for a preliminary ruling from the Sąd Okręgowy w Łodzi
Language of the case: Polish
| Summary |
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Opinion of Advocate General Bobek delivered on 7 July 2016
ECLI:EU:C:2016:531 |
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Judgment of the Court (First Chamber) of 13 October 2016
ECLI:EU:C:2016:771 |
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Case C-135/15 Republik Griechenland v Nikiforidis
Reference for a preliminary ruling — Judicial cooperation in civil matters — Law applicable to an employment contract — Regulation (EC) No 593/2008 — Article 28 — Temporal scope — Article 9 — Concept of ‘overriding mandatory provisions’ — Application of overriding mandatory provisions of Member States other than the State of the forum — Legislation of a Member State imposing a reduction in public sector pay because of a budgetary crisis — Duty of sincere cooperation
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 20 April 2016
ECLI:EU:C:2016:281 |
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Judgment of the Court (Grand Chamber) of 18 October 2016
ECLI:EU:C:2016:774 |
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Case C-501/14 EL-EM-2001 v Nemzeti Adó- és Vámhivatal Dél-alföldi Regionális Vám- és Pénzügyőri Főigazgatósága
Reference for a preliminary ruling — Road transport — Regulation (EC) No 561/2006 — Article 10(3) — Articles 18 and 19 — Fine imposed on the driver — Measures necessary to the execution of the penalty taken against the transport company — Immobilisation of the vehicle
Request for a preliminary ruling from the Szegedi közigazgatási és munkaügyi bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Fifth Chamber) of 19 October 2016
ECLI:EU:C:2016:777 |
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Case C-582/14 Breyer v Bundesrepublik Deutschland
Reference for a preliminary ruling — Processing of personal data — Directive 95/46/EC — Article 2(a) — Article 7(f) — Definition of ‘personal data’ — Internet protocol addresses — Storage of data by an online media services provider — National legislation not permitting the legitimate interest pursued by the controller to be taken into account
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 12 May 2016
ECLI:EU:C:2016:339 |
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Judgment of the Court (Second Chamber) of 19 October 2016
ECLI:EU:C:2016:779 |
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Case C-148/15 Deutsche Parkinson Vereinigung v Zentrale zur Bekämpfung unlauteren Wettbewerbs
Reference for a preliminary ruling — Articles 34 TFEU and 36 TFEU — Free movement of goods — National legislation — Prescription-only medicinal products for human use — Sale by pharmacies — Setting of fixed prices — Quantitative restriction on imports — Measure having equivalent effect — Justification — Protection of the health and life of humans
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 2 June 2016
ECLI:EU:C:2016:394 |
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Judgment of the Court (First Chamber) of 19 October 2016
ECLI:EU:C:2016:776 |
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Case C-424/15 Ormaetxea Garai and Lorenzo Almendros v Administración del Estado
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/21/EC — Article 3 — Impartiality and independence of national regulatory authorities — Institutional reform — Merger of national regulatory authority with other regulatory authorities — Dismissal of the President and a board member of the merged national regulatory authority before the expiry of their terms of office — Ground for dismissal not provided for under national law
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Bot delivered on 30 June 2016
ECLI:EU:C:2016:503 |
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Judgment of the Court (Second Chamber) of 19 October 2016
ECLI:EU:C:2016:780 |
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Case C-24/15 Plöckl v Finanzamt Schrobenhausen
Reference for a preliminary ruling — Taxation — Value added tax — Sixth Directive — Article 28c(A)(a) and (d) — Transfer of goods within the European Union — Right to an exemption — Failure to comply with an obligation to provide a VAT identification number issued by the Member State of destination — No specific evidence of tax evasion — Refusal to grant the exemption — Whether permissible
Request for a preliminary ruling from the Finanzgericht München
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 6 April 2016
ECLI:EU:C:2016:204 |
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Judgment of the Court (Fourth Chamber) of 20 October 2016
ECLI:EU:C:2016:791 |
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Case C-169/15 Montis Design v Goossens Meubelen
Reference for a preliminary ruling — Industrial and commercial property — Copyright and related rights — Directive 93/98/EEC — Article 10(2) — Term of protection — No revival of protection due to Berne Convention
Request for a preliminary ruling from the Benelux Gerechtshof
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 31 May 2016
ECLI:EU:C:2016:383 |
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Judgment of the Court (Third Chamber) of 20 October 2016
ECLI:EU:C:2016:790 |
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Case C-429/15 Danqua v Minister for Justice and Equality and Others
Reference for a preliminary ruling — Directive 2004/83/EC — Minimum standards for granting refugee status or subsidiary protection status — National procedural rule laying down, for the submission of an application for subsidiary protection, a period of 15 working days from notification of the rejection of the application for asylum — Procedural autonomy of the Member States — Principle of equivalence — Principle of effectiveness — Proper conduct of the procedure for examining the application for subsidiary protection — Proper conduct of the return procedure — Not compatible
Request for a preliminary ruling from the Court of Appeal
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 29 June 2016
ECLI:EU:C:2016:485 |
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Judgment of the Court (Third Chamber) of 20 October 2016
ECLI:EU:C:2016:789 |
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Case C-506/14 Yara Suomi and Others v Työ-ja elinkeinoministeriö
Reference for a preliminary ruling — Greenhouse gas emission allowance trading scheme within the European Union — Directive 2003/87/EC — Article 10a — Method of allocating free allowances — Calculation of the uniform cross-sectoral correction factor — Decision 2013/448/EU — Article 4 — Annex II — Validity — Application of uniform cross-sectoral correction factor to facilities in sectors which are deemed to be exposed to a significant risk of carbon leakage — Determination of the product benchmark for hot metal — Decision 2011/278/EU — Article 10(9) — Annex I — Validity
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Judgment of the Court (Sixth Chamber) of 26 October 2016
ECLI:EU:C:2016:799 |
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Joined Cases C-568/14 to C-570/14 Fernández Oliva and Others v Caixabank and Others
Reference for a preliminary ruling — Directive 93/13/EEC — Article 99 of the Rules of Procedure of the Court of Justice — Contracts concluded between sellers or suppliers and consumers — Mortgage contracts — ‘Floor’ clause — Collective proceedings — Individual action with the same subject matter — Interim relief
References for a preliminary ruling from the Juzgado de lo Mercantil n° 3 de Barcelona
Language of the case: Spanish
| Summary |
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Order of the Court (Fifth Chamber) of 26 October 2016
ECLI:EU:C:2016:828 |
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Case C-590/14 P DEI v Commission
Appeal — State aid — Production of aluminium — Preferential electricity tariff granted by a contract — Decision declaring the aid compatible with the internal market — Termination of the contract — Judicial suspension of the effects of termination of the contract — Decision declaring the aid unlawful — Article 108(3) TFEU — Concepts of ‘existing aid’ and ‘new aid’ — Distinction
Language of the case: Greek
| Summary |
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Judgment of the Court (Tenth Chamber) of 26 October 2016
ECLI:EU:C:2016:797 |
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Case C-611/14 Criminal proceedings against Canal Digital Danmark
Reference for a preliminary ruling — Unfair commercial practices — Directive 2005/29/EC — Articles 6 and 7 — Advertising relating to a satellite TV subscription — Subscription price including, in addition to the monthly subscription charge, a six-monthly charge for the card required for decoding emissions — Six-monthly charge omitted or presented in a less conspicuous manner than the monthly charge — Misleading action — Misleading omission — Transposition of a provision of a directive only in the preparatory work for the national transposing legislation and not in the wording of that legislation itself
Request for a preliminary ruling from the Retten i Glostrup
Language of the case: Danish
| Summary |
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Judgment of the Court (Fifth Chamber) of 26 October 2016
ECLI:EU:C:2016:800 |
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Case C-195/15 Senior Home v Gemeinde Wedemark and Hannoversche Volksbank
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 5 — Notion de ‘third parties’ rights in rem’ — Public charge against immovable property to ensure payment of real property tax
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 26 May 2016
ECLI:EU:C:2016:369 |
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Judgment of the Court (Fifth Chamber) of 26 October 2016
ECLI:EU:C:2016:804 |
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Case C-211/15 P Orange v Commission
Appeal — Competition — State aid — Aid granted by the French Republic to France Télécom — Reform of the arrangements for financing the retirement pensions of civil servants working for France Télécom — Reduction of the compensation to be paid to the State by France Télécom — Decision declaring the aid compatible with the internal market under certain conditions — Definition of aid — Definition of economic advantage — Selective nature — Adverse effect on competition — Distortion of the facts — No statement of reasons — Substitution of grounds
Language of the case: French
| Summary |
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Opinion of Advocate General Wahl delivered on 4 February 2016
ECLI:EU:C:2016:78 |
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Judgment of the Court (First Chamber) of 26 October 2016
ECLI:EU:C:2016:798 |
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Case C-269/15 Rijksdienst voor Pensioenen v Hoogstad
Reference for a preliminary ruling — Social security — Regulation (EEC) No 1408/71 — Article 4 — Material scope — Deductions from statutory old-age pensions and all other supplementary benefits — Article 13 — Determination of the applicable legislation — Residence in another Member State
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
| Summary |
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Judgment of the Court (Tenth Chamber) of 26 October 2016
ECLI:EU:C:2016:802 |
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Case C-276/15 Hecht-Pharma v Hohenzollern Apotheke
Reference for a preliminary ruling — Medicinal products for human use — Directive 2001/83/EC — Scope — Article 2(1) — Medicinal products prepared industrially or manufactured by a method involving an industrial process — Point 2 of Article 3 — Officinal formula
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 30 June 2016
ECLI:EU:C:2016:492 |
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Judgment of the Court (First Chamber) of 26 October 2016
ECLI:EU:C:2016:801 |
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Case C-468/15 P PT Musim Mas v Council
Appeal — Dumping — Implementing Regulations (EU) No 1138/2011 and (EU) No 1241/2012 — Imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia — Regulation (EC) No 1225/2009 — Article 2(10)(i) — Adjustment — Functions similar to those of an agent working on a commission basis — First subparagraph of Article 2(10) — Symmetry between the normal value and the export price — Principle of sound administration
Language of the case: English
| Summary |
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Judgment of the Court (Ninth Chamber) of 26 October 2016
ECLI:EU:C:2016:803 |
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Case C-482/15 P Westermann Lernspielverlage v EUIPO
Appeal — EU trade mark application — Figurative mark containing the word elements ‘bambino’ and ‘lük’ — Opposition proceedings — Earlier EU figurative mark containing the word element ‘bambino’ — Partial refusal of registration — Revocation of the earlier mark on which the opposition was based — Letter from the applicant informing the General Court of that revocation — Refusal of the General Court to add that letter to the case file — Failure to state reasons
Language of the case: English
| Summary |
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Judgment of the Court (Tenth Chamber) of 26 October 2016
ECLI:EU:C:2016:805 |
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Case C-465/14 Raad van bestuur van de Sociale verzekeringsbank v Wieland and Rothwangl
Reference for a preliminary ruling — Articles 18 and 45 TFEU — Social security for migrant workers — Regulation (EEC) No 1408/71 — Articles 3 and 94 — Regulation (EC) No 859/2003 — Article 2(1) and (2) — Old-age and survivor’s insurance — Former seafarers who are nationals of a third country which became a Member State of the European Union in 1995 — Excluded from entitlement to old-age benefit
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 4 February 2016
ECLI:EU:C:2016:77 |
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Judgment of the Court (First Chamber) of 27 October 2016
ECLI:EU:C:2016:820 |
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Case C-613/14 James Elliott Construction v Irish Asphalt
Reference for a preliminary ruling — Article 267 TFEU — Jurisdiction of the Court — Concept of ‘provision of EU law’ — Directive 89/106/EEC — Approximation of laws, regulations and administrative provisions of the Member States relating to construction products — Standard approved by the European Committee for Standardisation (CEN) pursuant to a mandate given by the European Commission — Publication of the standard in the Official Journal of the European Union — Harmonised standard EN 13242:2002 — National standard incorporating harmonised standard EN 13242:2002 — Contractual dispute between individuals — Method used to establish (non-) compliance of a product with a national standard transposing a harmonised standard — Date of establishing (non-) compliance of a product with that standard — Directive 98/34/EC — Procedure for the provision of information in the field of technical standards and regulations — Scope
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 28 January 2016
ECLI:EU:C:2016:63 |
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Judgment of the Court (Third Chamber) of 27 October 2016
ECLI:EU:C:2016:821 |
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Case C-114/15 Criminal proceedings against Audace and Others
Reference for a preliminary ruling — Free movement of goods — Articles 34 and 36 TFEU — Quantitative restrictions — Parallel imports of veterinary medicinal products — Directive 2001/82/EC — Article 65 — National system of prior authorisation — Livestock farmers excluded from simplified marketing authorisation procedure — Obligation to hold a wholesale trading authorisation — Obligation to have an establishment within the Member State of import — Pharmacovigilance obligations
Request for a preliminary ruling from the Cour d'appel de Pau
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 10 March 2016
ECLI:EU:C:2016:158 |
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Judgment of the Court (Fourth Chamber) of 27 October 2016
ECLI:EU:C:2016:813 |
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Case C-220/15 Commission v Germany
Failure of a Member State to fulfil obligations — Free movement of goods — Directive 2007/23/EC — Placing on the market of pyrotechnic articles — Article 6 — Free movement of pyrotechnical articles compliant with the requirements of Directive 2007/23/EC — National rules making the placing on the market of pyrotechnic articles subject to additional requirements — Obligation to make a prior notification before a national body entitled to review and modify instructions for use of pyrotechnic articles
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 7 July 2016
ECLI:EU:C:2016:534 |
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Judgment of the Court (Third Chamber) of 27 October 2016
ECLI:EU:C:2016:815 |
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Case C-290/15 D'Oultremont and Others v Région wallonne
Reference for a preliminary ruling — Assessment of the effects of certain plans and programmes on the environment — Directive 2001/42/EC — Articles 2(a) and 3(2)(a) — Definition of ‘plans and programmes’ — Conditions concerning the installation of wind turbines laid down by a regulatory order — Provisions concerning, inter alia, safety, inspection, site restoration and financial collateral and permitted noise levels set having regard to area use
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 14 July 2016
ECLI:EU:C:2016:561 |
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Judgment of the Court (Second Chamber) of 27 October 2016
ECLI:EU:C:2016:816 |
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Case C-292/15 Hörmann Reisen v Stadt Augsburg and Landkreis Augsburg
Reference for a preliminary ruling — Public procurement — Public passenger transport services by bus — Regulation (EC) No 1370/2007 — Article 4(7) — Subcontracting — Requirement that the operator perform a major part of the public passenger transport services itself — Scope — Article 5(1) — Contract-award procedure — Award of the contract in accordance with Directive 2004/18/EC
Request for a preliminary ruling from the Vergabekammer Südbayern
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 28 June 2016
ECLI:EU:C:2016:480 |
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Judgment of the Court (Fourth Chamber) of 27 October 2016
ECLI:EU:C:2016:817 |
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Case C-428/15 Child and Family Agency v D.
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 15 — Transfer of a case to a court of another Member State — Scope — Conditions under which applicable — Court better placed — Best interests of the child
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 16 June 2016
ECLI:EU:C:2016:458 |
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Judgment of the Court (Third Chamber) of 27 October 2016
ECLI:EU:C:2016:819 |
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Case C-439/16 PPU Criminal proceedings against Milev
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in criminal matters — Directive 2016/343/EU — Articles 3 and 6 — Temporal application — Review by the courts of the remand in custody pending trial of an accused — National legislation prohibiting, during the trial stage of the proceedings, inquiry into whether there are reasonable grounds to suspect that the accused has committed an offence — Incompatibility with Article 5(1)(c) and (4) of the European Convention on Human Rights — Discretion left by the national case-law to the national courts to decide whether or not to apply that convention
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Bobek delivered on 11 October 2016
ECLI:EU:C:2016:760 |
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Judgment of the Court (Fourth Chamber) of 27 October 2016
ECLI:EU:C:2016:818 |
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Information (on unpublished decisions)
Case C-426/15 P Diputación Foral de Bizkaia v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — State aid — Article 108(3) TFEU — Commission decision declaring aid to be unlawful — No prior notification — Determination of the date of award of the aid — Agreements granting aid — Unconditional commitment to award aid — Taking into account of national legislation — Formal investigation procedure — Principle of sound administration — Rights of the defence
Case C-583/15 Commission v Portugal
Failure of a Member State to fulfil obligations — Transport policy — Regulation (EC) No 1071/2009 — Road Transport — Administrative simplification and cooperation — Article 16(1) and (5) — National electronic register of road transport undertakings — Interconnection of national electronic registers
Case C-23/16 Commission v Poland
Failure of a Member State to fulfil obligations — Regulation (EC) No 1071/2009 — Common rules concerning the conditions to be complied with to pursue the occupation of road transport operator — Article 16(1) and (5) — National electronic register of road transport undertakings — Lack of interconnection with the electronic registers of other Member States
Case C-242/15 P Land Hessen v Commission
Appeal — State aid — State measures concerning the establishment of a sawmill in the Land of Hessen — Decision finding no State aid — Failure to initiate the formal investigation procedure — Serious difficulties — Calculation of the aid element of State guarantees — Commission Notice on State aid in the form of guarantees
Case C-285/16 P Grupo Bimbo v EUIPO
Appeal — Rules of Procedure of the Court of Justice — Article 181 — EU trade mark — Application for registration of the word mark BIMBO — Rejection of application — Absolute grounds for refusal — Descriptive character — Regulation (EC) No 207/2009 — Article 7(1)(c)
Case C-406/16 P(R) EMA v Pari Pharma
Appeal — Order for interim measures — Suspension of operation of a measure challenged before the General Court — Change in circumstances — Access to documents — Regulation (EC) No 1049/2001 — Documents held by the European Medicines Agency (EMA) submitted as part of an application for authorisation to place a medicinal product on the market — Decision to grant a third party access to the documents
Case C-313/16 P Médis v EUIPO
Appeal — Article 181 of the Rules of Procedure — Signed original of the application — Lodgement out of time — Handwritten signature — Defect capable of being rectified — Appeal manifestly unfounded
Case C-637/15 P VSM Geneesmiddelen v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Public health — Consumer protection — Regulation (EC) No 1924/2006 — Health claims on foods — Article 13(3) — Community list of permitted health claims on foods — Botanical substances — Claims on hold — Action for failure to act and for annulment — Definition of position by the European Commission — Challengeable act
Joined Cases C-369/15 to C-372/15 Siderúrgica Sevillana and Others v Administración del Estado
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — System for greenhouse gas emission allowance trading in the European Union — Directive 2003/87/EC — Article 10a — Method for allocating quotas free of charge — Calculation of the uniform cross-sectoral correction factor — Decision 2013/448/EU — Article 4 — Annex II — Validity — Application of the uniform cross-sectoral correction factor to plants in sectors subject to a high risk of carbon leaks — Decision 2-11/278/EU — Article 10(9) — Validity
Case C-575/15 P Inditex v EUIPO
Appeal — EU trade mark — Marque verbale ZARA — Services de transport — Genuine use — Revocation proceedings — Regulation (EC) No 207/2009 — Article 51(1)(a) — Distortion of the evidence — Rights of defence
Joined Cases C-10/16 to C-12/16 Ignazio Messina & C. v Ministero delle Infrastrutture e dei Trasporti and Others
Reference for a preliminary ruling — Article 94 of the Rules of Procedure of the Court — Decision to refer — Insufficient information regarding the legal and factual context — Insufficient information regarding the reasons justifying the need for an answer to the questions referred for a preliminary ruling for the purposes of resolving a dispute in the main proceedings — Article 53(2) of the Rules of Procedure of the Court — Manifest inadmissibility
Case C-537/14 P Debonair Trading Internacional v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) and (5) — Figurative mark including the word elements ‘SO’BiO ētic’ — Opposition by the proprietor of the EU and national word and figurative marks including the word element ‘SO…?’ — Refusal of registration
Case C-526/15 Uber Belgium v Taxi Radio Bruxellois
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Inadmissibility — Transportation of persons by motor vehicles — Private drivers using a smart phone application to connect them to people wishing to travel within urban areas — Requirement to hold an operating permit
Case C-272/16 P Tayto Group v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Opposition proceedings — Application for registration of the figurative mark REAL HAND COOKED — Rejection of the application for registration
November 2016
Case C-554/14 Criminal proceedings against Ognyanov
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2008/909/JHA — Article 17 — Law governing the enforcement of a sentence — Interpretation of a national rule of the executing State providing for reduction of a custodial sentence on account of work carried out by the sentenced person while detained in the issuing State — Legal effects of framework decisions — Obligation to interpret national law in conformity with EU law
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Bot delivered on 3 May 2016
ECLI:EU:C:2016:319 |
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Judgment of the Court (Grand Chamber) of 8 November 2016
ECLI:EU:C:2016:835 |
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Case C-41/15 Dowling and Others v Minister for Finance
Regulation (EU) No 407/2010 — European Financial Stabilisation Mechanism — Implementing Decision 2011/77/EU — European Union financial assistance to Ireland — Recapitalisation of national banks — Company law — Second Directive 77/91/EEC — Articles 8, 25 and 29 — Recapitalisation of a bank by means of judicial direction order — Increase in share capital without general meeting decision and without the shares issued being offered on a pre-emptive basis to existing shareholders — Issue of new shares at a price lower than their nominal value
Request for a preliminary ruling from the High Court (Irland)
Language of the case: English
| Summary |
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Opinion of Advocate General Wahl delivered on 22 June 2016
ECLI:EU:C:2016:473 |
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Judgment of the Court (Grand Chamber) of 8 November 2016
ECLI:EU:C:2016:836 |
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Case C-43/15 P BSH v EUIPO
Appeal — EU trade mark — Application for registration of a figurative mark including the word elements ‘compressor technology’ — Opposition of the proprietor of the word marks KOMPRESSOR PLUS and KOMPRESSOR — Partial refusal of registration — Regulation (EC) No 207/2009 — Article 60 — Regulation (EC) No 216/96 — Article 8(3) — ‘Ancillary’ appeal — Regulation (EC) No 40/94 — Article 8(1)(b) — Weak distinctive character of the earlier national marks — Likelihood of confusion
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 1 March 2016
ECLI:EU:C:2016:129 |
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Judgment of the Court (Grand Chamber) of 8 November 2016
ECLI:EU:C:2016:837 |
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Case C-243/15 Lesoochranárske zoskupenie VLK v Obvodný úrad Trenčín
Reference for a preliminary ruling — Environment — Directive 92/43/EEC — Conservation of natural habitats — Article 6(3) — Aarhus Convention — Public participation in decision-making and access to justice in environmental matters — Articles 6 and 9 — Charter of Fundamental Rights of the European Union — Article 47 — Right to effective judicial protection — Project to construct an enclosure — Protected site ‘Strážovské vrchy’ — Administrative authorisation procedure — Environmental organisation — Request for the status of party to the procedure — Rejection — Legal action
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
| Summary |
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Opinion of Advocate General Kokott delivered on 30 June 2016
ECLI:EU:C:2016:491 |
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Judgment of the Court (Grand Chamber) of 8 November 2016
ECLI:EU:C:2016:838 |
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Case C-448/14 Davitas v Stadt Aschaffenburg
Reference for a preliminary ruling — Novel foods and novel food ingredients — Regulation (EC) No 258/97 — Article 1(2)(c) — Concept of foods and food ingredients with a new primary molecular structure
Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 21 January 2016
ECLI:EU:C:2016:39 |
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Judgment of the Court (Fifth Chamber) of 9 November 2016
ECLI:EU:C:2016:839 |
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Case C-42/15 Home Credit Slovakia v Bíróová
Reference for a preliminary ruling — Directive 2008/48/EC — Consumer protection — Consumer credit — Article 1, Article 3(m), Article 10(1) and (2), Article 22(1) and Article 23 — Interpretation of the expressions ‘on paper’ and ‘on another durable medium’ — Contract referring to another document — Requirement for the agreement to be in ‘written form’ within the meaning of national law — Indication of information required by reference to objective criteria — Information to be included in a fixed-term credit agreement — Effect of failure to include mandatory information — Proportionality
Request for a preliminary ruling from the Okresný súd Dunajská Streda
Language of the case: Slovak
| Summary |
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Opinion of Advocate General Sharpston delivered on 9 June 2016
ECLI:EU:C:2016:431 |
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Judgment of the Court (Third Chamber) of 9 November 2016
ECLI:EU:C:2016:842 |
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Case C-149/15 Wathelet v Garage Bietheres & Fils
Reference for a preliminary ruling — Directive 1999/44/EC — Sale of consumer goods and associated guarantees — Scope — Concept of ‘seller’ — Intermediary — Exceptional circumstances
Request for a preliminary ruling from the Cour d'appel de Liège
Language of the case: French
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 7 April 2016
ECLI:EU:C:2016:217 |
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Judgment of the Court (Fifth Chamber) of 9 November 2016
ECLI:EU:C:2016:840 |
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Case C-212/15 ENEFI v DGRFP Brașov
Reference for a preliminary ruling — Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 4 — Effects provided for by legislation of a Member State on claims which were not pursued by means of insolvency proceedings — Forfeiture — Fiscal nature of the claim — No effect — Article 15 — Concept of ‘lawsuits pending’ — Enforcement proceedings — Excluded
Request for a preliminary ruling from the Tribunalul Mureș
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Bobek delivered on 9 June 2016
ECLI:EU:C:2016:427 |
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Judgment of the Court (Fifth Chamber) of 9 November 2016
ECLI:EU:C:2016:841 |
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Case C-449/14 P DTS Distribuidora de Televisión Digital v Commission
Appeal — State aid — State aid scheme in favour of the national public broadcast organisation — Public service obligations — Set-off — Article 106(2) TFEU — Decision declaring the aid scheme compatible with the internal market — Alteration of the method of financing — Tax measures — Tax imposed on pay-television operators — Decision declaring the amended aid scheme compatible with the internal market — Taking into account of the method of financing — Existence of hypothecation between the tax and the aid scheme — Direct impact of the revenue from the tax on the amount of the aid — Coverage of the net costs of fulfilling the public service mandate — Competitive relationship between the person liable to pay the tax and the beneficiary of the aid — Distortion of national law
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Bot delivered on 7 July 2016
ECLI:EU:C:2016:537 |
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Judgment of the Court (First Chamber) of 10 November 2016
ECLI:EU:C:2016:848 |
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Case C-504/14 Commission v Greece
Failure of a Member State to fulfil obligations — Environment — Nature conservation — Directive 92/43/EEC — Article 6(2) and (3) and Article 12(1)(b) and (d) — Wild fauna and flora — Conservation of natural habitats — Sea turtle Caretta caretta — Protection of sea turtles in the Gulf of Kyparissia — ‘Dunes of Kyparissia’ Site of Community importance — Protection of species
Language of the case: Greek
| Summary |
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Opinion of Advocate General Kokott delivered on 18 February 2016
ECLI:EU:C:2016:105 |
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Judgment of the Court (Fourth Chamber) of 10 November 2016
ECLI:EU:C:2016:847 |
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Case C-30/15 P Simba Toys v EUIPO
Appeal — European Union trade mark — Three-dimensional mark in the shape of a cube with surfaces having a grid structure — Application for a declaration of invalidity — Rejection of the application for a declaration of invalidity
Language of the case: English
| Summary |
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Opinion of Advocate General Szpunar delivered on 25 May 2016
ECLI:EU:C:2016:350 |
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Judgment of the Court (First Chamber) of 10 November 2016
ECLI:EU:C:2016:849 |
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Case C-156/15 Private Equity Insurance Group v Swedbank
Reference for a preliminary ruling — Directive 2002/47/EC — Scope — Definition of ‘financial collateral’, ‘relevant financial obligations’ and ‘provision’ of financial collateral — Whether it is possible to enforce financial collateral notwithstanding the commencement of insolvency proceedings — Current account agreement including a financial collateral clause
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Szpunar delivered on 21 July 2016
ECLI:EU:C:2016:586 |
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Judgment of the Court (Fourth Chamber) of 10 November 2016
ECLI:EU:C:2016:851 |
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Case C-174/15 Vereniging Openbare Bibliotheken v Stichting Leenrecht
Reference for a preliminary ruling — Copyright and related rights — Rental right and lending right in respect of copyright works — Directive 2006/115/EC — Article 1(1) — Lending of copies of works — Article 2(1) — Lending of objects — Lending of a digital copy of a book — Public libraries
Request for a preliminary ruling from the Rechtbank Den Haag
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 16 June 2016
ECLI:EU:C:2016:459 |
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Judgment of the Court (Third Chamber) of 10 November 2016
ECLI:EU:C:2016:856 |
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Case C-199/15 Ciclat v Consip and Autorità per la Vigilanza sui Contratti Pubblici di lavori, servizi e forniture
Reference for a preliminary ruling — Directive 2004/18/EC — Article 45 — Articles 49 TFEU and 56 TFEU — Public procurement — Conditions for exclusion from a procedure for the award of public works contracts, public supply contracts and public service contracts — Obligations relating to the payment of social security contributions — Social security contributions payment certificate — Correction of irregularities
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Ninth Chamber) of 10 November 2016
ECLI:EU:C:2016:853 |
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Case C-297/15 Ferring Lægemidler v Orifarm
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 7(2) — Medicinal products — Parallel import — Partitioning of the markets — Need for the repackaging of the product bearing the mark — Medicinal product placed on the exporting market and importing market by the trade mark proprietor with the same kind of packaging
Request for a preliminary ruling from the Sø- og Handelsretten
Language of the case: Danish
| Summary |
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Judgment of the Court (Fifth Chamber) of 10 November 2016
ECLI:EU:C:2016:857 |
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Joined Cases C-313/15 and C-530/15 Eco-Emballages v Sphère France and Others and Melitta France and Others v Ministre de l’Écologie, du Développement durable et de lʼÉnergie
Reference for a preliminary ruling — Environment — Directive 94/62/EC — Article 3 — Packaging and packaging waste — Definition — Rolls, tubes and cylinders around which flexible material is wound (‘Roll cores’) — Directive 2013/2/EU — Validity — Amendment by the European Commission of the list of examples of packaging set out in Annex I to Directive 94/62/EC — Misinterpretation of the term ‘packaging’ — Misuse of implementing powers
Requests for a preliminary ruling from the Tribunal de commerce de Paris and the Conseil d'État
Language of the case: French
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 13 July 2016
ECLI:EU:C:2016:551 |
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Judgment of the Court (Third Chamber) of 10 November 2016
ECLI:EU:C:2016:859 |
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Case C-432/15 Odvolací finanční ředitelství v Baštová
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Article 2(1)(c) — Concept of ‘supply of services for consideration’ — Supply of a horse by a taxable person to the organiser of horse races — Assessment of the consideration — Right to deduct expenses linked to the preparation of the taxable person’s horses for the races — General costs linked to the overall economic activity — Annex III, point 14 — Reduced rate of VAT applicable to the use of sporting facilities — Applicability to the operation of racing stables — Transaction consisting of a single supply or several independent supplies)
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
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Judgment of the Court (Fourth Chamber) of 10 November 2016
ECLI:EU:C:2016:855 |
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Case C-548/15 de Lange v Staatssecretaris van Financiën
Reference for a preliminary ruling — Social policy — Principles of equal treatment and of non-discrimination on grounds of age — Directive 2000/78/EC — Equal treatment in employment and occupation — Articles 2, 3 and 6 — Scope — Difference in treatment on grounds of age — National legislation capping deductions of training costs incurred after a certain age — Access to vocational training
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Sixth Chamber) of 10 November 2016
ECLI:EU:C:2016:850 |
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Case C-452/16 PPU Openbaar Ministerie v Poltorak
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 1(1) — Concept of ‘judicial decision’ — Article 6(1) — Concept of ‘issuing judicial authority’ — European arrest warrant issued by the Rikspolisstyrelsen (National Police Board, Sweden) with a view to executing a custodial sentence
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 19 October 2016
ECLI:EU:C:2016:782 |
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Judgment of the Court (Fourth Chamber) of 10 November 2016
ECLI:EU:C:2016:858 |
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Case C-453/16 PPU Openbaar Ministerie v Özçelik
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 8(1)(c) — Concept of ‘arrest warrant’ — Autonomous concept of EU law — National arrest warrant issued by a police service and confirmed by a public prosecutor for the purpose of criminal proceedings
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 19 October 2016
ECLI:EU:C:2016:783 |
|
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Judgment of the Court (Fourth Chamber) of 10 November 2016
ECLI:EU:C:2016:860 |
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Case C-477/16 PPU Openbaar Ministerie v Kovalkovas
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 1(1) — Concept of ‘judicial decision’ — Article 6(1) — Concept of ‘issuing judicial authority’ — European arrest warrant issued by the Ministry of Justice of the Republic of Lithuania with a view to executing a custodial sentence
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 19 October 2016
ECLI:EU:C:2016:784 |
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Judgment of the Court (Fourth Chamber) of 10 November 2016
ECLI:EU:C:2016:861 |
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Case C-258/15 Salaberria Sorondo v Academia Vasca de Policía y Emergencias
Reference for a preliminary ruling — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 2(2) and Article 4(1) — Discrimination on grounds of age — Recruitment of police officers of the Autonomous Community of the Basque Country restricted to candidates under 35 years of age — Concept of ‘genuine and determining occupational requirement’ — Objective pursued — Proportionality
Request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 21 July 2016
ECLI:EU:C:2016:588 |
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Judgment of the Court (Grand Chamber) of 15 November 2016
ECLI:EU:C:2016:873 |
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Case C-268/15 Ullens de Schooten v État belge
Reference for a preliminary ruling — Fundamental freedoms– Articles 49, 56 and 63 TFEU — Situation confined in all respects within a single Member State — Non-contractual liability of a Member State for damage caused to individuals by breaches of EU law for which the national legislature and courts are to be held responsible
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
| Summary |
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Opinion of Advocate General Bot delivered on 14 June 2016
ECLI:EU:C:2016:439 |
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Judgment of the Court (Grand Chamber) of 15 November 2016
ECLI:EU:C:2016:874 |
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Case C-2/15 DHL Express (Austria) v Post-Control-Kommission and Bundesminister für Verkehr, Innovation und Technologie
Reference for a preliminary ruling — Directive 97/67/EC — Article 9 — Postal services in the European Union — Obligation to make a financial contribution to the operational costs of the postal sector’s regulatory authority — Scope
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 16 March 2016
ECLI:EU:C:2016:168 |
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Judgment of the Court (Fifth Chamber) of 16 November 2016
ECLI:EU:C:2016:880 |
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Case C-301/15 Soulier and Doke v Premier ministre and Ministre de la Culture et de la Communication
Reference for a preliminary ruling — Intellectual and industrial property rights — Directive 2001/29/EC — Copyright and related rights — Articles 2 and 3 — Rights of reproduction and communication to the public — Scope — ‘Out-of-print’ books which are not or no longer published — National legislation giving a collecting society rights to exploit out-of-print books for commercial purposes — Legal presumption of the authors’ consent — Lack of a mechanism ensuring authors are actually and individually informed
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Wathelet delivered on 7 July 2016
ECLI:EU:C:2016:536 |
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Judgment of the Court (Third Chamber) of 16 November 2016
ECLI:EU:C:2016:878 |
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Case C-316/15 Hemming and Others v Westminster City Council
Reference for a preliminary ruling — Freedom to provide services — Directive 2006/123/EC — Article 13(2) — Authorisation procedures — Concept of charges which may be incurred
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 28 July 2016
ECLI:EU:C:2016:618 |
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Judgment of the Court (Third Chamber) of 16 November 2016
ECLI:EU:C:2016:879 |
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Case C-417/15 Schmidt v Schmidt
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EU) No 1215/2012 — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Scope — First subparagraph of Article 24(1) — Exclusive jurisdiction in matters relating to rights in rem in immovable property — Article 7(1)(a) — Special jurisdiction in matters relating to a contract — Action seeking the avoidance of a contract of gift of immovable property and the removal of an entry in the land register evidencing a right of ownership
Request for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien
Language of the case: German
| Summary |
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Opinion of Advocate General Kokott delivered on 7 July 2016
ECLI:EU:C:2016:535 |
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Judgment of the Court (Second Chamber) of 16 November 2016
ECLI:EU:C:2016:881 |
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Case C-216/15 Betriebsrat der Ruhrlandklinik v Ruhrlandklinik
Reference for a preliminary ruling — Directive 2008/104/EC — Temporary agency work — Scope — Concept of ‘worker’ — Concept of ‘economic activities’ — Nursing staff who do not have a contract of employment assigned to a health care institution by a not-for-profit association
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 6 July 2016
ECLI:EU:C:2016:518 |
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Judgment of the Court (Fifth Chamber) of 17 November 2016
ECLI:EU:C:2016:883 |
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Case C-348/15 Stadt Wiener Neustadt v Niederösterreichische Landesregierung
Reference for a preliminary ruling — Assessment of the effects of certain public and private projects on the environment — Directive 85/337/EEC — Directive 2011/92/EU — Scope — Concept of ‘specific act of national legislation’ — No environmental impact assessment — Definitive authorisation — Legislative regularisation a posteriori of the lack of environmental impact assessment — Principle of cooperation — Article 4 TEU
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Kokott delivered on 8 September 2016
ECLI:EU:C:2016:662 |
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Judgment of the Court (First Chamber) of 17 November 2016
ECLI:EU:C:2016:882 |
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Case C-673/13 P Commission v Stichting Greenpeace Nederland and PAN Europe
Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Environment — Aarhus Convention — Regulation (EC) No 1367/2006 — Article 6(1) — Risk of an adverse effect on the commercial interests of a natural or legal person — Concept of ‘information relating to emissions into the environment’ — Documents relating to the authorisation procedure for an active substance contained in plant protection products — Active substance glyphosate
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 7 April 2016
ECLI:EU:C:2016:213 |
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Judgment of the Court (Fifth Chamber) of 23 November 2016
ECLI:EU:C:2016:889 |
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Case C-442/14 Bayer CropScience and Stichting De Bijenstichting v College voor de toelating van gewasbeschermingsmiddelen en biociden
Reference for a preliminary ruling — Environment — Aarhus Convention — Directive 2003/4/CE — Article 4(2) — Public access to information — Concept of ‘information relating to emissions into the environment’ — Directive 91/414/EEC — Directive 98/8/EC — Regulation (EC) No 1107/2009 — Placing of plant protection products and biocides on the market — Confidentiality — Protection of industrial and commercial interests
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 7 April 2016
ECLI:EU:C:2016:215 |
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Judgment of the Court (Fifth Chamber) of 23 November 2016
ECLI:EU:C:2016:890 |
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Case C-177/15 Nelsons v Ayonnax Nutripharm and Bachblütentreff
Reference for a preliminary ruling — Consumer information and protection — Regulation (EC) No 1924/2006 — Nutrition and health claims made on foods — Transitional measures — Article 28(2) — Products bearing trade marks or brand names existing before 1 January 2005 — ‘Bach flower’ remedies — European Union mark RESCUE — Products marketed as medicinal products before 1 January 2005 and as foodstuffs after that date
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 22 June 2016
ECLI:EU:C:2016:474 |
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Judgment of the Court (Third Chamber) of 23 November 2016
ECLI:EU:C:2016:888 |
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Case C-461/14 Commission v Spain
Failure of a Member State to fulfil obligations — Directive 2009/147/EC — Conservation of wild birds — Special protection areas — Directive 85/337/EEC — Assessment of the effects of certain public and private projects on the environment — Directive 92/43/EEC — Conservation of natural habitats
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Wahl delivered on 23 February 2016
ECLI:EU:C:2016:110 |
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Judgment of the Court (Fifth Chamber) of 24 November 2016
ECLI:EU:C:2016:895 |
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Case C-464/14 SECIL v Fazenda Pública
Reference for a preliminary ruling — Free movement of capital — Articles 63 to 65 TFEU — EC-Tunisia Association Agreement — Articles 31, 34 and 89 — EC-Lebanon Association Agreement — Articles 31, 33 and 85 — Corporation tax — Dividends received by a company established in the Member State of the beneficiary company — Dividends received from a company established in a non-member State which is party to the association agreement — Difference of treatment — Restriction — Justification — Efficacy of fiscal supervision — Possibility of relying on Article 64 TFEU in relation to the EC-Tunisia and EC-Lebanon association agreements
Request for a preliminary ruling from the Tribunal Tributário de Lisboa
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Wathelet delivered on 27 January 2016
ECLI:EU:C:2016:52 |
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Judgment of the Court (Fifth Chamber) of 24 November 2016
ECLI:EU:C:2016:896 |
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Case C-443/15 Parris v Trinity College Dublin and Others
Reference for a preliminary ruling — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 2 — Prohibition of discrimination on grounds of sexual orientation and age — National pension scheme — Payment of a survivor’s benefit to the civil partner — Condition — Partnership contracted before the 60th birthday of the member of the scheme — Civil partnership — Not possible in the Member State concerned before 2010 — Existing stable relationship — Article 6(2) — Justification of differences of treatment on grounds of age
Request for a preliminary ruling from the Labour Court, Ireland
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 30 June 2016
ECLI:EU:C:2016:493 |
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Judgment of the Court (First Chamber) of 24 November 2016
ECLI:EU:C:2016:897 |
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Case C-454/15 Webb-Sämann v Seagon
Reference for a preliminary ruling — Social policy — Directive 2008/94/EC — Article 8 — Protection of employees in the event of the insolvency of their employer — Provisions related to social security — Scope — Measures necessary to protect immediate or prospective entitlements of employees under supplementary pension schemes — Obligation to provide for a right to have outstanding pension contributions excluded from the scope of insolvency proceedings — Absence
Request for a preliminary ruling from the Hessisches Landesarbeitsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 8 September 2016
ECLI:EU:C:2016:653 |
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Judgment of the Court (Second Chamber) of 24 November 2016
ECLI:EU:C:2016:891 |
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Case C-645/15 Bund Naturschutz in Bayern and Wilde v Freistaat Bayern
Reference for a preliminary ruling — Environment — Assessment of the effects of certain public and private projects on the environment — Directive 2011/92/EU — Project subject to assessment — Annex I, point 7 — European Agreement on Main International Traffic Arteries (AGR) — Widening of a road with four lanes over a length of less than 10 km
Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 24 November 2016
ECLI:EU:C:2016:898 |
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Case C-662/15 Lohmann & Rauscher International v BIOS Medical Services
Reference for a preliminary ruling — Approximation of laws — Directive 93/42/EEC — Medical devices — Class I device (sterile wound dressings) which has been the subject of a conformity assessment procedure by the manufacturer — Parallel imports — Addition to the labelling of information relating to the importer — Supplementary conformity assessment procedure
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 24 November 2016
ECLI:EU:C:2016:903 |
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Case C-486/15 P Commission v France and Orange
Appeal — State aid — Financial measures for France Télécom — Shareholder loan offer — Public statements by representatives of the French State — Decision declaring the aid incompatible with the common market — Definition of ‘aid’ — Concept of ‘economic advantage’ — Prudent private investor criterion — Obligation of the General Court to state reasons — Limits of judicial review — Distortion of the decision at issue
Language of the case: French
| Summary |
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Judgment of the Court (Sixth Chamber) of 30 November 2016
ECLI:EU:C:2016:912 |
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Information (on unpublished decisions)
Case C-361/16 P Franmax v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the figurative mark including the word element ‘dino’ — Partial rejection of the opposition
Case C-446/15 Signum Alfa Sped v Nemzeti Adó- és Vámhivatal Kiemelt Adó- és Vám Főigazgatóság
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Taxation — Value added tax — Directive 2006/112/EC — Right of deduction — Refusal — Issuer of the invoice considered not to have been the real supplier of the invoiced services — Obligation on the taxable person to carry out checks
Case C-590/15 P Brouillard v Court of Justice of the European Union
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Public service contracts — Negotiated tender procedure for the conclusion of framework contracts for the translation of legal texts — Exclusion of a proposed subcontractor — Professional competence — Requirement of full legal training — Recognition of diplomas
Case C-697/15 MB v SMAT
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Public contracts — Directive 2004/18/EC — Directive 2014/24/EU — Participation in a call for tenders — Tenderer having omitted to mention in the tender the undertaking’s charges in relation to safety and security at work — That obligation created by case-law — Exclusion from the tendering procedure without the possibility of remedying that omission
Case C-140/16 Edra Costruzioni and Edilfac v Comune di Maiolati Spontini
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Public procurement — Directive 2004/18/EC — Directive 2014/24/EU — Participation in a tendering procedure — Tenderer having failed to refer in the tender to the business charges relating to safety and security at work — Judicial obligation to include such a reference — Exclusion from the contract without the possibility of rectifying that omission
Case C-162/16 Spinosa Costruzioni Generali and Melfi v Comune di Monteroduni
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Public procurement — Directive 2004/18/EC — Directive 2014/24/EU — Participation in a tendering procedure — Tenderer having failed to refer in the tender to the business charges relating to safety and security at work — Judicial obligation to include such a reference — Exclusion from the contract without the possibility of rectifying that omission
Case C-321/16 Harmon v Pardue
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Preamble and Articles 6, 20, 41, 47 and 48 — Powers of the national criminal prosecution authorities — Failure to implement EU law — Article 53(2) of the Rules of Procedure of the Court — Clear lack of jurisdiction of the Court
Case C-351/16 P 100 % Capri Italia v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Figurative mark containing the word elements “100% Capri” — Opposition from the proprietor of the figurative mark containing the word element “CAPRI” — Annulment by the General Court of the initial decision of the First Board of Appeal refusing registration — Decision of the Second Board of Appeal refusing registration in part
Case C-222/16 MIP-TS v Nachalnik na Mitnitsa Varna
Reference for a preliminary ruling — Commercial policy — Regulation (EC) No 1225/2009 — Article 13 — Circumvention — Implementing Regulation (EU) No 791/2011 — Open mesh fabrics of glass fibres originating in the People’s Republic of China — Anti-dumping duties — Implementing Regulations (EU) No 437/2012 and (EU) No 21/2013 — Consignment from Thailand — Extension of anti-dumping duties — Temporal scope — Community Customs Code — Post-clearance recovery of import duties
Case C-389/16 P BSH Hausgeräte v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Invalidity proceedings — Word mark AROMA — Regulation (EC) No 207/2009 — Article 52(1)(a) and Article 7(1)(b) and (c) — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-314/15 Commission v France
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Treatment of urban waste water — Article 4(1) and (3) — Secondary treatment or equivalent treatment
Joined Cases C-408/15 P and C-409/15 P Ackermann Saatzucht and Others v Parliament and Council
Appeals — Action for annulment — Fourth paragraph of Article 263 TFEU — Right to bring an action — Locus standi — Act of individual concern to natural or legal persons by reason of ‘certain attributes which are peculiar to them’ — Regulation (EU) No 511/2014 — Measures concerning compliance by users in the Union with the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation — Regulation (EC) No 2100/94 — Limitation of the effects of Community plant variety rights — Breeders’ exemption
Case C-137/16 P Petraitis v Commission
Appeal — Article 181 of the Rules of Procedure — Actions for failure to act — Failure on the part of the European Commission to initiate the procedure for failure to fulfil obligations against a Member State — Application for an injunction to be imposed on the Commission — Manifest inadmissibility
Case C-379/16 P European Dynamics Luxembourg and Others v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Public service contracts — Software development and maintenance services — Misinterpretation of the arguments and distortion of the evidence submitted by the other party to the proceedings before the General Court
Case C-450/16 P U-R LAB v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the figurative and word marks THE DINING EXPERIENCE — Absolute ground for refusal — No distinctive character — Regulation (EC) No 207/2009 — Article 7(1)(b) — Dismissal of application
Case C-345/16 Jacob and Lennertz v État belge
Reference for a preliminary ruling — Legislative and factual background to the case in the main proceedings — Insufficient information — Manifestly inadmissible — Article 53(2) — Article 94 of the Court’s Rules of Procedure
December 2016
Case C-395/15 Daouidi v Bootes Plus and Others
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Articles 1 to 3 — Prohibition of all discrimination based on a disability — Whether a ‘disability’ exists — Concept of ‘long-term physical, mental, intellectual or sensory impairments’ — Charter of Fundamental Rights of the European Union — Articles 3, 15, 21, 30, 31, 34 and 35 — Dismissal of a worker who is temporarily unable to work, within the definition of national law, for an indeterminate period of time
Request for a preliminary ruling from the Juzgado de lo Social de Barcelona
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Bot delivered on 26 May 2016
ECLI:EU:C:2016:371 |
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Judgment of the Court (Third Chamber) of 1 December 2016
ECLI:EU:C:2016:917 |
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Case C-686/15 Vodoopskrba i odvodnja v Klafurić
Reference for a preliminary ruling — Environment — Directive 2000/60/EC — Framework for an EU water policy — Recovery of the costs of services connected with water use — Calculation of the amount due from the consumer — Variable component related to actual consumption and fixed component independent of that consumption
Request for a preliminary ruling from the Općinski sud u Velikoj Gorici
Language of the case: Croatian
| Summary |
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Judgment of the Court (Sixth Chamber) of 7 December 2016
ECLI:EU:C:2016:927 |
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Case C-127/15 Verein für Konsumenteninformation v INKO
Reference for a preliminary ruling — Directive 2008/48/EC — Consumer protection — Consumer credit — Article 2(2)(j) — Rescheduling agreements — Deferred payment, free of charge — Article 3(f) — Credit intermediaries — Debt recovery companies acting on behalf of lenders
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 21 July 2016
ECLI:EU:C:2016:584 |
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Judgment of the Court (Third Chamber) of 8 December 2016
ECLI:EU:C:2016:934 |
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Case C-208/15 Stock ’94 v Nemzeti Adó- és Vámhivatal Dél-dunántúli Regionális Adó Főigazgatósága
Reference for a preliminary ruling — Value added tax — Directive 2006/112/EC — Integrated cooperation — Grant of financing and supplies of current assets necessary for agricultural production — Single, complex supply — Distinct and independent supplies — Ancillary supply and principal supply
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Fifth Chamber) of 8 December 2016
ECLI:EU:C:2016:936 |
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Case C-453/15 Criminal proceedings against A and B
Reference for a preliminary ruling — Taxation — VAT — Directive 2006/112/EC — Article 56 — Place where services are supplied — Concept of ‘similar rights’ — Transfer of greenhouse gas emission allowances
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 7 September 2016
ECLI:EU:C:2016:639 |
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Judgment of the Court (Second Chamber) of 8 December 2016
ECLI:EU:C:2016:933 |
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Joined Cases C-532/15 and C-538/15 Eurosaneamientos and Others v ArcelorMittal Zaragoza and de Bolós Pi v Urbaser
Reference for a preliminary ruling — Services provided by Procuradores de los Tribunales — Tariff — Jurisdictions — Derogation impossible
References for a preliminary ruling from the Audiencia Provincial de Zaragoza and Juzgado de Primera Instancia de Olot
Language of the case: Spanish
| Summary |
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Judgment of the Court (First Chamber) of 8 December 2016
ECLI:EU:C:2016:932 |
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Case C-553/15 Undis Servizi v Comune di Sulmona
Request for a preliminary ruling — Public supply contracts — Award of the contract without initiating a tendering procedure — So-called ‘in-house’ award — Conditions — Similar control — Performance of the essential activity — Successful public capital tendering company owned by several local authorities — Activity also carried out for the benefit of local authorities which are not shareholders — Activity imposed by a public authority which is not a shareholder
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Fourth Chamber) of 8 December 2016
ECLI:EU:C:2016:935 |
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Case C-600/15 Staatssecretaris van Financiën v Lemnis Lighting
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Customs union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Headings 8539, 8541, 8543, 8548 and 9405 — Light-emitting diode bulbs (LED)
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Tenth Chamber) of 8 December 2016
ECLI:EU:C:2016:937 |
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Case C-171/15 Connexxion Taxi Services v Staat der Nederlanden (Ministerie van Volksgezondheid, Welzijn en Sport) and Others
Reference for a preliminary ruling — Public service contracts — Directive 2004/18/EC — Article 45(2) — Personal situation of the candidate or tenderer — Optional grounds of exclusion — Grave professional misconduct — National legislation providing for a case-by-case assessment in accordance with the principle of proportionality — Decisions of the contracting authorities — Directive 89/665/EEC — Judicial review
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 30 June 2016
ECLI:EU:C:2016:506 |
|
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Judgment of the Court (Fourth Chamber) of 14 December 2016
ECLI:EU:C:2016:948 |
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Case C-238/15 Bragança Linares Verruga and Others v Ministre de l'Enseignement supérieur et de la recherche
Reference for a preliminary ruling — Freedom of movement of persons — Equal treatment — Social advantages — Regulation (EU) No 492/2011 — Article 7(2) — Financial aid for higher education studies — Students not residing in the territory of the Member State concerned subject to the condition that they be the children of workers who have been employed or who have pursued their professional activity in that Member State for a continuous period of at least five years — Indirect discrimination — Justification — Objective of increasing the proportion of residents with a higher education degree — Whether appropriate — Proportionality
Request for a preliminary ruling from the Tribunal administratif
Language of the case: French
| Summary |
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Opinion of Advocate General Wathelet delivered on 2 June 2016
ECLI:EU:C:2016:389 |
|
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Judgment of the Court (Second Chamber) of 14 December 2016
ECLI:EU:C:2016:949 |
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Case C-378/15 Mercedes Benz Italia v Agenzia delle Entrate Direzione Provinciale Roma 3
Reference for a preliminary ruling — Taxation — Value added tax — Directive 77/388/EEC — Article 17(5), third subparagraph, point (d) — Scope — Application of a deductible proportion to the value added tax charged on the acquisition of all goods and services used by a taxable person — Incidental transactions — Use of turnover as an indicator
Request for a preliminary ruling from the Commissione Tributaria Regionale di Roma
Language of the case: Italian
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 29 June 2016
ECLI:EU:C:2016:484 |
|
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Judgment of the Court (Third Chamber) of 14 December 2016
ECLI:EU:C:2016:950 |
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Case C-577/15 P SV Capital v EBA
Appeal — Application to initiate an investigation into the Estonian and Finnish supervisory authorities — Decision of the European Banking Authority (EBA) — Board of Appeal decision of the European Supervisory Authorities — Regulation (EU) No 1093/2010 — Articles 17 and 60 — Board of Appeal — Period allowed for commencing proceedings — Excusable error
Language of the case: English
| Summary |
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Judgment of the Court (First Chamber) of 14 December 2016
ECLI:EU:C:2016:947 |
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Case C-256/15 Nemec v Republika Slovenija
Reference for a preliminary ruling — Directive 2000/35/EC — Combating late payment — Jurisdiction of the Court — Transaction concluded before the accession of the Republic of Slovenia to the European Union — Scope — Concept of ‘commercial transaction’ — Concept of ‘undertaking’ — Maximum amount of interest for late payment
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
| Summary |
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Opinion of Advocate General Bobek delivered on 28 July 2016
ECLI:EU:C:2016:619 |
|
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Judgment of the Court (Fifth Chamber) of 15 December 2016
ECLI:EU:C:2016:954 |
|
Joined Cases C-401/15 to C-403/15 Depesme and Others v Ministre de l'Enseignement supérieur et de la recherche
Reference for a preliminary ruling — Freedom of movement of persons — Worker’s rights — Equal treatment — Social advantages — Financial aid for the pursuit of higher education studies — Requirement of a parent-child relationship — Concept of ‘child’ — Child of a spouse or registered partner — Contribution towards the maintenance of that child
References for a preliminary ruling from the Cour administrative (Luxembourg)
Language of the case: French
| Summary |
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Opinion of Advocate General Wathelet delivered on 9 June 2016
ECLI:EU:C:2016:430 |
|
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Judgment of the Court (Second Chamber) of 15 December 2016
ECLI:EU:C:2016:955 |
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Case C-558/15 Vieira de Azevedo and Others v CED Portugal Unipessoal and Instituto de Seguros de Portugal - Fundo de Garantia Automóvel
Reference for a preliminary ruling — Insurance against civil liability in respect of the use of motor vehicles and enforcement of the obligation to insure against such liability — Directive 2000/26/EC — Article 4(5) — Insurance undertaking — Claims representative — Sufficient powers of representation — Notifications of proceedings before the courts
Request for a preliminary ruling from the Tribunal da Relação do Porto
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Mengozzi delivered on 19 October 2016
ECLI:EU:C:2016:785 |
|
|
Judgment of the Court (Sixth Chamber) of 15 December 2016
ECLI:EU:C:2016:957 |
|
Case C-667/15 Loterie Nationale – Nationale Loterij van publiek recht v Adriaensen and Others
Reference for a preliminary ruling — Directive 2005/29/EC — Unfair business-to-consumer commercial practices — Misleading commercial practice — Pyramid promotional scheme — Contributions paid by new members and compensation received by existing members — Indirect financial link
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
| Summary |
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Judgment of the Court (Sixth Chamber) of 15 December 2016
ECLI:EU:C:2016:958 |
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Case C-700/15 LEK v Republika Slovenija
Reference for a preliminary ruling — Combined Nomenclature — Classification of goods — Food supplements falling under heading 2106 — Active ingredient as the essential component — Possible classification in Chapter 30 of the Combined Nomenclature — Goods presented and marketed as medicinal products
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
| Summary |
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Judgment of the Court (Sixth Chamber) of 15 December 2016
ECLI:EU:C:2016:959 |
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Case C-503/14 Commission v Portugal
Failure of a Member State to fulfil obligations — Articles 21 TFEU, 45 TFEU and 49 TFEU — Articles 28 and 31 of the Agreement on the European Economic Area — Freedom of movement for persons — Freedom of movement for workers — Freedom of establishment — Taxation of natural persons on capital gains resulting from a share exchange — Taxation of natural persons on capital gains resulting from a transfer of all the assets used in the exercise of a business or professional activity — Exit taxation of individuals — Immediate recovery of taxation — Difference in treatment between natural persons who exchange shares and maintain their residence in the national territory and those who make such an exchange and transfer their residence to the territory of another Member State of the European Union or the European Economic Area — Difference in treatment between natural persons transferring all the assets related to an activity carried out on an individual basis to a company with its head office and effective management in Portugal and those who carry out such a transfer to a company with its head office or its effective management in the territory of another Member State of the European Union or of the European Economic Area — Proportionality
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Wathelet delivered on 12 May 2016
ECLI:EU:C:2016:335 |
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Judgment of the Court (Fourth Chamber) of 21 December 2016
ECLI:EU:C:2016:979 |
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Case C-524/14 P Commission v Hansestadt Lübeck
Appeal — State aid — Airport charges — Article 108(2) TFEU — Fourth paragraph of Article 263 TFEU — Decision to initiate the formal investigation procedure — Admissibility of an action for annulment — Person individually concerned — Legal interest in bringing proceedings — Article 107(1) TFEU — Condition relating to selectivity
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 15 September 2016
ECLI:EU:C:2016:693 |
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Judgment of the Court (Grand Chamber) of 21 December 2016
ECLI:EU:C:2016:971 |
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Case C-593/14 Masco Denmark and Damixa v Skatteministeriet
Reference for a preliminary ruling — Freedom of establishment — Tax legislation concerning thin capitalisation of subsidiaries — Inclusion in the taxable income of a lending company of the loan interest paid by a non-resident borrowing subsidiary — Tax exemption for interest paid by a resident borrowing subsidiary — Balanced allocation between Member States of the power to impose taxes — Need to prevent the risk of tax avoidance
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Kokott delivered on 12 May 2016
ECLI:EU:C:2016:336 |
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Judgment of the Court (Fourth Chamber) of 21 December 2016
ECLI:EU:C:2016:984 |
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Case C-20/15 P Commission v World Duty Free Group and Others
Appeal — State aid — Article 107(1) TFEU — Tax system — Corporation tax — Deduction — Amortisation of goodwill resulting from acquisitions by undertakings resident for tax purposes in Spain of shareholdings of at least 5% in undertakings resident for tax purposes outside Spain — Concept of ‘State aid’ — Condition relating to selectivity
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Wathelet delivered on 28 July 2016
ECLI:EU:C:2016:624 |
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Judgment of the Court (Grand Chamber) of 21 December 2016
ECLI:EU:C:2016:981 |
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Case C-51/15 Remondis v Region Hannover
References for a preliminary ruling — Article 4(2) TEU — Respect for the national identity of Member States inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government — Internal organisation of the Member States — Regional authorities — Legal instrument creating a new public-law entity and organising the transfer of powers and responsibilities for the performance of public tasks — Public procurement — Directive 2004/18/EC — Article 1(2)(a) — Concept of ‘public contract’
Request for a preliminary ruling from the Oberlandesgericht Celle
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 30 June 2016
ECLI:EU:C:2016:504 |
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Judgment of the Court (Third Chamber) of 21 December 2016
ECLI:EU:C:2016:985 |
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Case C-76/15 Vervloet and Others v Ministerraad
Reference for a preliminary ruling — State aid — Aid implemented by the Kingdom of Belgium in favour of ARCO Group financial cooperatives — Deposit guarantee schemes — Directive 94/19/EC — Scope — Guarantee scheme protecting the shares of individual members, being natural persons, of cooperatives operating in the financial sector — Not included — Articles 107 TFEU and 108 TFEU — Commission decision declaring the aid incompatible with the internal market
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 2 June 2016
ECLI:EU:C:2016:386 |
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Judgment of the Court (Second Chamber) of 21 December 2016
ECLI:EU:C:2016:975 |
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Case C-119/15 Biuro podróży 'Partner' v Prezes Urzędu Ochrony
References for a preliminary ruling — Directive 93/13/EEC — Directive 2009/22/EC — Consumer protection — Erga omnes effect of unfair terms entered in a public register — Financial penalty imposed on a seller or supplier having used a term held to be equivalent to a term in the register — Seller or supplier who was not a party to the proceedings giving rise to the declaration that the term in question was unfair — Article 47 of the Charter of Fundamental Rights of the European Union — Concept of ‘court or tribunal against whose decisions there is no judicial remedy under national law’
Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie
Language of the case: Polish
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 2 June 2016
ECLI:EU:C:2016:387 |
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Judgment of the Court (Fifth Chamber) of 21 December 2016
ECLI:EU:C:2016:987 |
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Case C-131/15 P Club Hotel Loutraki and Others v Commission
Appeal — State aid — Operation of Video Lottery Terminals — Grant by a Member State of an exclusive licence — Decision finding no State aid — Article 108(3) TFEU — Regulation (EC) No 659/1999 — Articles 4, 7 and 13 — Failure to initiate the formal investigation procedure — Concept of ‘serious difficulties’ — Date of the assessment — Article 296 TFEU — Charter of Fundamental Rights of the European Union — Article 41 — Obligation to state reasons — Article 47 — Right to effective judicial protection — Article 107(1) TFEU — Concept of ‘economic advantage’ — Joint assessment of the measures notified
Language of the case: English
| Summary |
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Opinion of Advocate General Wahl delivered on 28 July 2016
ECLI:EU:C:2016:617 |
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Judgment of the Court (First Chamber) of 21 December 2016
ECLI:EU:C:2016:989 |
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Joined Cases C-154/15 and C-307/15 Gutiérrez Naranjo v Cajasur Banco, Palacios Martínez v BBVA, Banco Popular Español v Irles López and Torres Andreu
References for a preliminary ruling — Directive 93/13/EEC — Consumer contracts — Mortgage loans — Unfair terms — Article 4(2) — Article 6(1) — Declaration of nullity — Limitation by the national court of the temporal effects of the declaration of nullity of an unfair term
Requests for a preliminary ruling from the Juzgado de lo Mercantil n° 1 de Granada and Audiencia Provincial de Alicante
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 13 July 2016
ECLI:EU:C:2016:552 |
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Judgment of the Court (Grand Chamber) of 21 December 2016
ECLI:EU:C:2016:980 |
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Joined Cases C-164/15 P and C-165/15 P Commission v Aer Lingus and Ryanair Designated Activity
Appeal — State aid — National tax on air transport– Application of differentiated rates — Lower rate for flights to destinations no more than 300 km from the national airport — Advantage — Selective nature — Assessment where the fiscal measure is likely to constitute a restriction on the freedom to provide services — Recovery — Excise duty
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 5 July 2016
ECLI:EU:C:2016:515 |
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Order of the Court (Third Chamber) of 16 February 2017
ECLI:EU:C:2017:137 |
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Judgment of the Court (Third Chamber) of 21 December 2016
ECLI:EU:C:2016:990 |
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Case C-201/15 AGET Iraklis v Ypourgos Ergasias, Koinonikis Asfalisis kai Koinonikis Allilengyis
Reference for a preliminary ruling — Directive 98/59/EC — Approximation of the laws of the Member States relating to collective redundancies — Article 49 TFEU — Freedom of establishment — Charter of Fundamental Rights of the European Union — Article 16 — Freedom to conduct a business — National legislation conferring upon an administrative authority the power to oppose collective redundancies after assessing the conditions in the labour market, the situation of the undertaking and the interests of the national economy — Acute economic crisis — Particularly high national unemployment rate
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
| Summary |
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Opinion of Advocate General Wahl delivered on 9 June 2016
ECLI:EU:C:2016:429 |
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Judgment of the Court (Grand Chamber) of 21 December 2016
ECLI:EU:C:2016:972 |
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Joined Cases C-203/15 and C-698/15 Tele2 Sverige and Secretary of State for the Home Department v Post- och telestyrelsen and Others
Reference for a preliminary ruling — Electronic communications — Processing of personal data — Confidentiality of electronic communications — Protection — Directive 2002/58/EC — Articles 5, 6 and 9 and Article 15(1) — Charter of Fundamental Rights of the European Union — Articles 7, 8 and 11 and Article 52(1) — National legislation — Providers of electronic communications services — Obligation relating to the general and indiscriminate retention of traffic and location data — National authorities — Access to data — No prior review by a court or independent administrative authority — Compatibility with EU law
Requests for a preliminary ruling from the Kammarrätten i Stockholm and the Court of Appeal (England & Wales) (Civil Division)
Languages of the case: Swedish and English
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 19 July 2016
ECLI:EU:C:2016:572 |
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Rectification order of 16 March 2017
ECLI:EU:C:2017:222 |
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Judgment of the Court (Grand Chamber) of 21 December 2016
ECLI:EU:C:2016:970 |
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Case C-272/15 Swiss International Air Lines v The Secretary of State for Energy and Climate Change and Environment Agency
Reference for a preliminary ruling — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Obligation to surrender emission allowances in respect of flights between EU Member States and most third countries — Decision No 377/2013/EU — Article 1 — Temporary derogation — Exclusion of flights to and from airports situated in Switzerland — Difference of treatment of third countries — General principle of equal treatment — Inapplicable
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 19 July 2016
ECLI:EU:C:2016:573 |
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Judgment of the Court (Fourth Chamber) of 21 December 2016
ECLI:EU:C:2016:993 |
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Case C-327/15 TDC v Teleklagenævnet and Erhvervs- og Vækstministeriet
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/22/EC — Universal service — Articles 12 and 13 — Calculation of the cost of universal service obligations — Article 32 — Compensation for costs relating to additional mandatory services — Direct effect — Article 107(1) and Article 108(3) TFEU — Maritime radio safety and emergency services in Denmark and Greenland — National rules — Submission of an application for compensation for costs relating to additional mandatory services — Three-month time limit — Principles of equivalence and effectiveness)
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
| Summary |
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Judgment of the Court (Second Chamber) of 21 December 2016
ECLI:EU:C:2016:974 |
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Case C-355/15 Bietergemeinschaft Technische Gebäudebetreuung und Caverion Österreich v Universität für Bodenkultur Wien and VAMED
Reference for a preliminary ruling — Public procurement — Directive 89/665/EEC — Review procedures in the area of public procurement — Article 1(3) — Legal interest in bringing proceedings — Article 2a(2) — Concept of a ‘tenderer concerned’ — Right of a tenderer definitively excluded by the contracting authority to seek review of a subsequent award decision
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 21 December 2016
ECLI:EU:C:2016:988 |
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Case C-444/15 Associazione Italia Nostra Onlus v Comune di Venezia and Others
Reference for a preliminary ruling — Environment — Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Article 3(3) — Plans and programmes which require an environmental assessment only where the Member States determine that they are likely to have significant environmental effects — Validity in the light of the TFEU and the Charter of Fundamental Rights of the European Union — Meaning of use of ‘small areas at local level’ — National legislation referring to the size of the areas concerned
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Veneto
Language of the case: Italian
| Summary |
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Opinion of Advocate General Kokott delivered on 8 September 2016
ECLI:EU:C:2016:665 |
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Judgment of the Court (Third Chamber) of 21 December 2016
ECLI:EU:C:2016:978 |
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Joined Cases C-508/15 and C-509/15 Ucar and Kilic v Land Berlin
References for a preliminary ruling — EEC-Turkey Association Agreement — Decision No 1/80 — Article 7, first paragraph — Right of residence of family members of a Turkish worker duly registered as belonging to the labour force of a Member State — Conditions — No need for the Turkish worker to be duly registered as belonging to the labour force of a Member State for the first three years of the residence of a family member
Requests for a preliminary ruling from Verwaltungsgericht Berlin
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 15 September 2016
ECLI:EU:C:2016:697 |
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Judgment of the Court (First Chamber) of 21 December 2016
ECLI:EU:C:2016:986 |
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Case C-539/15 Bowman v Pensionsversicherungsanstalt
Reference for a preliminary ruling — Social policy — Charter of Fundamental Rights of the European Union — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(1) and (2) — Discrimination on grounds of age — Collective labour agreement — Extension of the period of advancement from the first to the second step in the salary scale — Indirect unequal treatment on grounds of age
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 21 December 2016
ECLI:EU:C:2016:977 |
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Case C-547/15 Interservice v Horváth
Reference for a preliminary ruling — Community Customs Code — Regulation (EEC) No 2913/92 — Article 96 — External transit procedure — Definition of ‘carrier’ — Failure to produce goods at the customs office of destination — Liability — Transport subcontractor who has handed the goods over to the main carrier in the car park of the customs office of destination and subsequently again assumed responsibility for the goods in order to continue with the transport
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Bot delivered on 14 July 2016
ECLI:EU:C:2016:565 |
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Judgment of the Court (Fourth Chamber) of 21 December 2016
ECLI:EU:C:2016:983 |
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Case C-618/15 Concurrence v Samsung Electronics and Amazon Services Europe
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Jurisdiction — Tort, delict or quasi-delict — Selective distribution network — Prohibition on online resale outside a network — Action for an injunction prohibiting unlawful interference — Connecting factor
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Wathelet delivered on 9 November 2016
ECLI:EU:C:2016:843 |
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Judgment of the Court (Third Chamber) of 21 December 2016
ECLI:EU:C:2016:976 |
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Case C-654/15 Länsförsäkringar v Matek
Reference for a preliminary ruling — EU trade mark — Regulation (EC) No 207/2009 — Article 9(1)(b) — Article 15(1) — Article 51(1)(a) — Extent of the exclusive right granted to the proprietor — Period of five years following registration
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
| Summary |
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Judgment of the Court (Second Chamber) of 21 December 2016
ECLI:EU:C:2016:998 |
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Case C-104/16 P Council v Front Polisario
Appeal — External relations — Agreement between the European Union and the Kingdom of Morocco concerning liberalisation measures on agricultural and fishery products — Decision approving the conclusion of an international agreement — Action for annulment — Admissibility — Locus standi — Territorial scope of the agreement — Interpretation of the agreement — Principle of self-determination — Principle of the relative effect of treaties
Language of the case: French
| Summary |
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Opinion of Advocate General Wathelet delivered on 13 September 2016
ECLI:EU:C:2016:677 |
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Judgment of the Court (Grand Chamber) of 21 December 2016
ECLI:EU:C:2016:973 |
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Information (on unpublished decisions)
Case C-642/15 P Klement v EUIPO
Appeal — Regulation (EC) No 207/2009 — EU trade mark — Three-dimensional mark representing the form of an oven — Article 51(1)(a) — Application for revocation of an EU trade mark — Point (a) of the second subparagraph of Article 15(1) — Genuine use of the mark — Rejection of the application for a declaration of invalidity
Case C-152/16 Commission v Luxembourg
Failure of a Member State to fulfil obligations — Regulation (EC) No 1071/2009 — Common rules concerning the conditions to be complied with to pursue the occupation of road transport operator — Article 16(1) and (5) — National electronic register of road transport undertakings — No interconnection with the national electronic registers of other Member States
Case C-401/16 P Market Watch Franchise & Consulting v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word mark MITOCHRON — Relative ground for refusal — Likelihood of confusion — Regulation (EC) No 207/2009 — Article 8(1)(b)
Case C-402/16 P Market Watch Franchise & Consulting v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word mark MITOCHRON — Relative ground for refusal — Likelihood of confusion — Regulation (EC) No 207/2009 — Article 8(1)(b)
Case C-342/16 P Novomatic v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Figurative mark containing the word elements ‘HOT JOKER’ — Opposition by the proprietor of the figurative mark containing the word elements ‘joker +’ — Refusal of registration
Case C-27/16 Marinkov v Predsedatel na Darzhavna agentsia za balgarite v chuzhbina
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Directives 2000/78/EC and 2006/54/EC — Scope — Manifest inadmissibility — Charter of Fundamental Rights of the European Union — Implementation of EU law — None — Manifest lack of jurisdiction
Case C-371/16 P L'Oréal v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU mark ‐ Opposition proceedings — Application for registration of the figurative mark containing the word elements ‘VICHY LABORATOIRES V IDÉALIA’ — Rejection of the application for registration
Case C-509/16 P Rosa Rodriguez v Consejería de Educación de la Junta de Andalucía
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Application for the annulment of a decision adopted by the Spanish regional authorities — Competition to fill vacancies for directors of educational establishments — Conditions of access — Decision not to admit the appellant — Article 169(1) of the Rules of Procedure — Manifest inadmissibility
Case C-469/16 Infante v Italy
Action for damages brought by a natural person against a Member State — Clear lack of jurisdiction of the Court
Case C-484/16 Criminal proceedings against Semeraro
Reference for a preliminary ruling — Manifest lack of jurisdiction — Article 53(2) of the Rules of Procedure of the Court — Judicial cooperation in criminal matters — Directive 2012/29/EU — Article 2(1)(a) — Minimum standards on the rights, support and protection of victims of crime — Charter of Fundamental Rights of the European Union — Articles 49, 51, 53 and 54 — Offence of defamation — Repeal by the national legislature of the offence of defamation — Lack of connection to EU law — Manifest lack of jurisdiction of the Court
Case C-644/15 P Hungary v Commission
Appeal — Regulation (EC) No 1234/2007 — Common organisation of agricultural markets — Fruit and vegetable sector — Article 103e — National financial assistance granted to producer organisations in the fruit and vegetable sector — Regulation (EC) No 1580/2007 — Article 97 — Commission decision concerning the reimbursement by the European Union of the national financial assistance granted by Hungary to producer organisations
January 2017
Case C-128/15 Spain v Council
Actions for annulment — Fisheries — Regulation (EU) No 1380/2013 — Regulation (EU) No 1367/2014 — Validity — Fishing opportunities — Precautionary approach — Principle of relative stability of fishing activities — Principle of proportionality — Principle of equal treatment — Roundnose grenadier and roughhead grenadier
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 21 July 2016
ECLI:EU:C:2016:585 |
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Judgment of the Court (Fifth Chamber) of 11 January 2017
ECLI:EU:C:2017:3 |
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Case C-289/15 Criminal proceedings against Grundza
References for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2008/909/JHA — Article 7 — Condition of double criminality — Article 9 — Ground for non-recognition and non-enforcement based on the lack of double criminality — National of the executing State convicted in the issuing State for failure to comply with a decision issued by a public authority
Request for a preliminary ruling from the Krajský súd v Prešove
Language of the case: Slovak
| Summary |
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Opinion of Advocate General Bobek delivered on 28 July 2016
ECLI:EU:C:2016:622 |
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Judgment of the Court (Fifth Chamber) of 11 January 2017
ECLI:EU:C:2017:4 |
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Case C-491/15 P Typke v Commission
Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Article 3 — Notion of document — Article 2(3) — Documents held by an institution — Characterisation of information contained in a database — Obligation to create a document which does not already exist — None — Existing documents capable of being extracted from a database
Language of the case: English
| Summary |
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Opinion of Advocate General Bobek delivered on 21 September 2016
ECLI:EU:C:2016:711 |
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Judgment of the Court (First Chamber) of 11 January 2017
ECLI:EU:C:2017:5 |
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Case C-411/15 P Timab Industries and CFPR v Commission
Appeal — Agreements, decisions and concerted practices — European market for animal feed phosphates — Allocation of sales quotas, coordination of prices and conditions of sale and exchange of commercially sensitive information — Appellants’ withdrawal from the settlement procedure — Unlimited jurisdiction — Protection of legitimate expectations and of equal treatment — Reasonable length of proceedings
Language of the case: French
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 28 July 2016
ECLI:EU:C:2016:620 |
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Judgment of the Court (Tenth Chamber) of 12 January 2017
ECLI:EU:C:2017:11 |
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Case C-28/16 MVM v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Value added tax — Directive 2006/112/EC — Articles 2, 9, 26, 167, 168 and 173 — Deduction of input tax — Taxable person simultaneously carrying out economic and non-economic activities — Holding company supplying services to its subsidiaries free of charge
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
| Summary |
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Order of the Court (Sixth Chamber) of 12 January 2017
ECLI:EU:C:2017:7 |
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Case C-189/15 IRCCS - Fondazione Santa Lucia v Cassa conguaglio per il settore elettrico and Others
Reference for a preliminary ruling — Directive 2003/96/EC — Taxation of energy products and electricity — Tax reductions — Substantive scope — Incentives in respect of the amounts covering general electricity charges — Article 17 — Energy-intensive businesses — Incentives granted to such businesses in the manufacturing sector alone — Lawfulness
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 21 April 2016
ECLI:EU:C:2016:287 |
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Judgment of the Court (Ninth Chamber) of 18 January 2017
ECLI:EU:C:2017:17 |
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Case C-365/15 Wortmann v Hauptzollamt Bielefeld
Reference for a preliminary ruling — Customs Union and Common Customs Tariff — Reimbursement of import duties — Regulation (EEC) No 2913/92 (Customs Code) — Article 241, first paragraph, first indent — Obligation of a Member State to provide for the payment of default interest even where no action has been brought before the national courts
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 8 September 2016
ECLI:EU:C:2016:663 |
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Judgment of the Court (Third Chamber) of 18 January 2017
ECLI:EU:C:2017:19 |
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Case C-427/15 NEW WAVE CZ v ALLTOYS
Reference for a preliminary ruling — Intellectual property — Directive 2004/48/EC — Proceedings concerning an infringement of an intellectual property right — Right of information — Request for information in proceedings — Proceedings linked to the action in which an infringement of an intellectual property right has been found
Request for a preliminary ruling from the Nejvyšší soud České republiky
Language of the case: Czech
| Summary |
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Judgment of the Court (Ninth Chamber) of 18 January 2017
ECLI:EU:C:2017:18 |
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Case C-471/15 Sjelle Autogenbrug v Skatteministeriet
Reference for a preliminary ruling — Taxation — Value added tax –– Directive 2006/112/EC — Special scheme for taxing the profit margin — Concept of ‘second-hand goods’ — Sales of parts removed from end-of-life vehicles
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Bot delivered on 22 September 2016
ECLI:EU:C:2016:724 |
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Judgment of the Court (Third Chamber) of 18 January 2017
ECLI:EU:C:2017:20 |
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Case C-37/16 Minister Finansów v SAWP
Reference for a preliminary ruling — Taxation — Common system of value added tax — Taxable transactions — Concept of ‘supply of services for consideration’ — Payment of fees, in respect of fair compensation, to organisations collectively managing copyright and related rights — Not included
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Judgment of the Court (Eighth Chamber) of 18 January 2017
ECLI:EU:C:2017:22 |
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Case C-282/15 Queisser Pharma v Bundesrepublik Deutschland
Reference for a preliminary ruling — Free movement of goods — Articles 34 TFEU to 36 TFEU — Purely domestic situation — Food safety — Regulation (EC) No 178/2002 — Article 6 — Principle of risk analysis — Article 7 — Precautionary principle — Regulation (EC) No 1925/2006 — Member State legislation prohibiting the manufacture and sale of food supplements containing amino acids — Situation in which a temporary derogation to that prohibition is at the discretion of the national authority
Request for a preliminary ruling from the Verwaltungsgericht Braunschweig
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 21 July 2016
ECLI:EU:C:2016:589 |
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Judgment of the Court (Fourth Chamber) of 19 January 2017
ECLI:EU:C:2017:26 |
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Case C-344/15 National Roads Authority v Revenue Commissioners
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Article 13(1), second subparagraph — Activity of managing road infrastructure and making it available on payment of a toll — Activities engaged in by a body governed by public law acting as a public authority — Presence of private operators — Significant distortions of competition — Existence of actual or potential competition
Request for a preliminary ruling from the Appeal Commissioners
Language of the case: English
| Summary |
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Opinion of Advocate General Szpunar delivered on 8 September 2016
ECLI:EU:C:2016:661 |
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Judgment of the Court (Sixth Chamber) of 19 January 2017
ECLI:EU:C:2017:28 |
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Case C-351/15 P Commission v Total and Elf Aquitaine
Appeal — Agreements, decisions and concerted practices — Market for methacrylates — Fines — Joint and several liability of parent companies and their subsidiary for the latter’s unlawful conduct — Payment of the fine by the subsidiary — Reduction of the amount of the subsidiary’s fine following a judgment of the General Court of the European Union — Letters from the accountant of the European Commission demanding payment by the parent companies of the amount it repaid to the subsidiary plus default interest — Action for annulment — Challengeable acts — Effective judicial protection
Language of the case: French
| Summary |
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Opinion of Advocate General Wahl delivered on 21 July 2016
ECLI:EU:C:2016:590 |
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Judgment of the Court (First Chamber) of 19 January 2017
ECLI:EU:C:2017:27 |
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Case C-460/15 Schaefer Kalk v Bundesrepublik Deutschland
Reference for a preliminary ruling — Environment — Scheme for greenhouse gas emission allowance trading within the European Union — Directive 2003/87/EC — Monitoring plan — Regulation (EU) No 601/2012 — Article 49(1) and point 10 of Annex IV — Calculation of the emissions of an installation — Subtraction of carbon dioxide (CO2) transferred — Exclusion of CO2 used in the production of precipitated calcium carbonate — Legality of the exclusion
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 10 November 2016
ECLI:EU:C:2016:852 |
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Judgment of the Court (First Chamber) of 19 January 2017
ECLI:EU:C:2017:29 |
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Case C-367/15 Stowarzyszenie Oławska Telewizja Kablowa v Stowarzyszenie Filmowców Polskich
Reference for a preliminary ruling — Directive 2004/48/EC — Article 13 — Intellectual and industrial property — Infringement — Calculation of damages — Legislation of a Member State — Twice the amount of the royalties normally due
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
| Summary |
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Opinion of Advocate General Sharpston delivered on 24 November 2016
ECLI:EU:C:2016:900 |
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Judgment of the Court (Fifth Chamber) of 25 January 2017
ECLI:EU:C:2017:36 |
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Case C-375/15 BAWAG v Verein für Konsumenteninformation
Reference for a preliminary ruling — Directive 2007/64/EC — Payment services in the internal market — Framework contracts — Prior general information — Obligation to provide that information on paper or on another durable medium — Information transmitted by means of the electronic mailbox of an online banking website
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 15 September 2016
ECLI:EU:C:2016:695 |
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Judgment of the Court (Third Chamber) of 25 January 2017
ECLI:EU:C:2017:38 |
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Case C-582/15 Criminal proceedings against van Vemde
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Mutual recognition of judgments — Framework Decision 2008/909/JHA — Scope — Article 28 — Transitional provision — Concept of ‘issue of the final judgment’)
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bot delivered on 12 October 2016
ECLI:EU:C:2016:766 |
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Judgment of the Court (Fifth Chamber) of 25 January 2017
ECLI:EU:C:2017:37 |
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Case C-640/15 Minister for Justice and Equality v Vilkas
Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 23 — Time limit for surrender of the requested person — Possibility of agreeing on a new surrender date on a number of occasions — Resistance of the requested person to his surrender — Force majeure
Request for a preliminary ruling from the Court of Appeal
Language of the case: English
| Summary |
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Opinion of Advocate General Bobek delivered on 27 October 2016
ECLI:EU:C:2016:826 |
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Judgment of the Court (Third Chamber) of 25 January 2017
ECLI:EU:C:2017:39 |
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Case C-679/15 Ultra-Brag v Hauptzollamt Lörrach
Reference for a preliminary ruling — Customs union — Customs debt incurred through unlawful introduction of goods — Meaning of ‘debtor’ — Employee of a legal person responsible for the unlawful introduction — Fraudulent dealing or obvious negligence — Determination
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 26 October 2016
ECLI:EU:C:2016:807 |
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Judgment of the Court (Third Chamber) of 25 January 2017
ECLI:EU:C:2017:40 |
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Case C-604/13 P Aloys F. Dornbracht v Commission
Appeal — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Coordination of selling prices and exchange of sensitive business information — Regulation (EC) No 1/2003 — Article 23(2) — Ceiling of 10% of turnover — 2006 Guidelines on the method of setting fines — Principle of non-retroactivity — Exercise of unlimited jurisdiction — Excessive duration of the proceedings
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber) of 26 January 2017
ECLI:EU:C:2017:45 |
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Case C-609/13 P Duravit and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy the Netherlands and Austria — Coordination of selling prices and exchange of sensitive business information — Regulation (EC) No 1/2003 — Article 31 — Obligation to state reasons
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 26 November 2015
ECLI:EU:C:2015:785 |
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Judgment of the Court (First Chamber) of 26 January 2017
ECLI:EU:C:2017:46 |
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Case C-611/13 P Hansa Metallwerke and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Coordination of selling prices and exchange of sensitive business information — Regulation (EC) No 1/2003 — Article 23(2) — Ceiling of 10% of turnover — Obligation to state reasons — Protection of legitimate expectations
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber) of 26 January 2017
ECLI:EU:C:2017:47 |
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Case C-613/13 P Commission v Keramag Keramische Werke and Others
Appeal — Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Coordination of selling prices and exchange of sensitive business information — Obligation to state reasons
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 26 November 2015
ECLI:EU:C:2015:785 |
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Judgment of the Court (First Chamber) of 26 January 2017
ECLI:EU:C:2017:49 |
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Case C-614/13 P Masco and Others v Commission
Appeal — Competition –– Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Coordination of selling prices and exchange of sensitive business information –– Single and continuous infringement — Obligation to state reasons
Language of the case: English
| Summary |
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Judgment of the Court (First Chamber) of 26 January 2017
ECLI:EU:C:2017:63 |
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Case C-618/13 P Zucchetti Rubinetteria v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Coordination of selling prices and exchange of sensitive business information — Regulation (EC) No 1/2003 — Article 23(2) — Ceiling of 10% of turnover
Language of the case: Italian
| Summary |
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Judgment of the Court (First Chamber) of 26 January 2017
ECLI:EU:C:2017:48 |
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Case C-619/13 P Mamoli Robinetteria v Commission
Appeal — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy the Netherlands and Austria — Coordination of selling prices and exchange of sensitive business information — Leniency programme — Regulation (EC) No 1/2003 — Article 23(2) — Ceiling of 10% of turnover — Exercise of unlimited jurisdiction
Language of the case: Italian
| Summary |
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Judgment of the Court (First Chamber) of 26 January 2017
ECLI:EU:C:2017:50 |
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Case C-625/13 P Villeroy & Boch v Commission
Appeal — Competition –– Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area — Price coordination and exchange of sensitive business information — Single infringement — Proof — Fines — Unlimited jurisdiction — Reasonable time — Proportionality
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 26 November 2015
ECLI:EU:C:2015:785 |
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Judgment of the Court (First Chamber) of 26 January 2017
ECLI:EU:C:2017:52 |
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Case C-626/13 P Villeroy & Boch Austria v Commission
Appeal — Competition –– Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area — Price coordination and exchange of sensitive business information — Single infringement — Proof — Fines — Unlimited jurisdiction — Reasonable time — Proportionality
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber) of 26 January 2017
ECLI:EU:C:2017:54 |
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Case C-636/13 P Roca Sanitario v Commission
Appeal — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Coordination of selling prices and exchange of sensitive business information — 2006 Guidelines on the method of setting fines — Obligation to state reasons — Principle of equal treatment — Proportionality — Exercise of unlimited jurisdiction
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Wathelet delivered on 26 November 2015
ECLI:EU:C:2015:785 |
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Judgment of the Court (First Chamber) of 26 January 2017
ECLI:EU:C:2017:56 |
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Case C-637/13 P Laufen Austria v Commission
Appeal — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Coordination of selling prices and exchange of sensitive business information — Regulation (EC) No 1/2003 — Article 23(2) — Ceiling of 10% of turnover — 2006 Guidelines on the method of setting fines — Obligation to state reasons — Principle of equal treatment — Exercise of unlimited jurisdiction
Language of the case: Spanish
| Summary |
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Judgment of the Court (First Chamber) of 26 January 2017
ECLI:EU:C:2017:51 |
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Case C-638/13 P Roca v Commission
Appeal — Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Coordination of selling prices and exchange of sensitive business information — 2006 Guidelines on the method of setting fines — Principle of equal treatment — Exercise of unlimited jurisdiction
Language of the case: Spanish
| Summary |
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Judgment of the Court (First Chamber) of 26 January 2017
ECLI:EU:C:2017:53 |
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Case C-642/13 P Villeroy & Boch Belgium v Commission
Appeal — Competition –– Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area — Price coordination and exchange of sensitive business information — Single infringement — Proof — Fines — Unlimited jurisdiction — Reasonable time — Proportionality
Language of the case: Dutch
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Judgment of the Court (First Chamber) of 26 January 2017
ECLI:EU:C:2017:58 |
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Case C-644/13 P Villeroy & Boch v Commission
Appeal — Competition –– Agreements, decisions and concerted practices — Bathroom fittings and fixtures markets of Belgium, Germany, France, Italy, the Netherlands and Austria — Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area — Price coordination and exchange of sensitive business information — Single infringement — Proof — Fines — Unlimited jurisdiction — Reasonable time — Proportionality
Language of the case: French
| Summary |
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Opinion of Advocate General Wathelet delivered on 26 November 2015
ECLI:EU:C:2015:785 |
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Judgment of the Court (First Chamber) of 26 January 2017
ECLI:EU:C:2017:59 |
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Case C-421/14 Banco Primus v Gutiérrez García
Reference for a preliminary ruling — Directive 93/13/EEC — Contracts concluded between sellers or suppliers and consumers — Unfair terms — Mortgage loan agreements — Mortgage enforcement proceedings — Limitation period — Function of the national courts — Res judicata
Request for a preliminary ruling from the Juzgado de Primera Instancia
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Szpunar delivered on 2 February 2016
ECLI:EU:C:2016:69 |
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Judgment of the Court (First Chamber) of 26 January 2017
ECLI:EU:C:2017:60 |
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Joined Cases C-247/15 P, C-253/15 P and C-259/15 P Maxcom v Chin Haur Indonesia
Appeal — Dumping — Implementing Regulation (EU) No 501/2013 — Imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia — Extension to such imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China — Regulation (EC) No 1225/2009 — Article 13 — Circumvention — Article 18 — Lack of cooperation — Evidence — Body of consistent evidence
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 22 September 2016
ECLI:EU:C:2016:712 |
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Judgment of the Court (Fourth Chamber) of 26 January 2017
ECLI:EU:C:2017:61 |
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Joined Cases C-248/15 P, C-254/15 P and C-260/15 P Maxcom v City Cycle Industries
Appeal — Dumping — Implementing Regulation (EU) No 501/2013 — Imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia — Extension to such imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China — Regulation (EC) No 1225/2009 — Article 13 — Circumvention — Article 18 — Lack of cooperation — Evidence — Body of consistent evidence — Contradictory reasoning — Inadequate statement of reasons — Breach of procedural rights
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 22 September 2016
ECLI:EU:C:2016:713 |
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Judgment of the Court (Fourth Chamber) of 26 January 2017
ECLI:EU:C:2017:62 |
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Case C-373/15 P France v Commission
Appeal — European Agricultural Fund for Rural Development (EAFRD) — Expenditure excluded from EU financing — Regulations (EC) No 1698/2005, (EC) No 1975/2006 and (EC) No 796/2004 — Rural development support measures — Areas with natural handicaps — On-the-spot controls — Coefficient density of livestock — Counting of animals
Language of the case: French
| Summary |
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Judgment of the Court (Eighth Chamber) of 26 January 2017
ECLI:EU:C:2017:55 |
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Case C-573/14 Commissaire général aux réfugiés et aux apatrides v Lounani
Reference for a preliminary ruling — Area of freedom, security and justice — Asylum — Directive 2004/83/EC — Minimum standards for the qualification and status of third country nationals or stateless persons as refugees — Article 12(2)(c) and Article 12(3) — Exclusion from being a refugee — Concept of ‘acts contrary to the purposes and principles of the United Nations’ — Scope — Member of the leadership of a terrorist organisation — Criminal conviction of participation in the activities of a terrorist group — Individual assessment
Request for a preliminary ruling from the Conseil d'État, Belgium
Language of the case: French
| Summary |
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Opinion of Advocate General Sharpston delivered on 31 May 2016
ECLI:EU:C:2016:380 |
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Judgment of the Court (Grand Chamber) of 31 January 2017
ECLI:EU:C:2017:71 |
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Information (on unpublished decisions)
Case C-508/16 Boudjellal v Rauwers Contrôle
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Articles 7, 8 and/or 47 — Infringement — Obtaining personal data — Using such data before the courts — Question which does not concern a rule of EU law other than the Charter of Fundamental Rights — Hypothetical question — Lack of jurisdiction of the Court
Case C-280/16 P Amrita and Others v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Protection of plant health — Directive 2000/29/EC — Protection against the introduction into and spread within the European Union of organisms harmful to plants or plant products — Implementing Decision (EU) 2015/789 — Measures to prevent the introduction into and the spread within the Union of Xylella fastidiosa (Wells and Raju) — Action for annulment — Fourth paragraph of Article 263 TFEU — Regulatory act — Implementing measures — Person individually concerned
Case C-343/16 P Europäischer Tier- und Naturschutz and Giesen v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Refusal to submit a legislative proposal for the establishment of a European law association — Act not amenable to review
Case C-440/16 P Staywell Hospitality Group v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Likelihood of confusion — Application for registration of the figurative mark PARK REGIS — Rejection of the application for registration
Case C-623/15 P Toshiba v Commission
Appeal — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Agreements and concerted practices on pricing, market sharing, customer allocation and output limitation — Concept of ‘economic unit’ between two companies — Concept of ‘decisive influence’ — Joint control by two parent companies — Distortion of evidence
Case C-32/17 P Apcoa Parking Holdings v EUIPO
Appeal — EU trade mark — Application for registration of the figurative and word marks PARKWAY — Absolute ground for refusal — Descriptive character — Regulation (EC) No 207/2009 — Article 7(1)(c)
Case C-53/16 P Beul v Parliament and Council
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for annulment — Functioning of the financial markets — Requirements for the carrying out of the statutory audit of annual and consolidated financial statements of public-interest entities — Regulation (EU) No 537/2014 — Rules on the organisation and selection of statutory auditors and audit firms by public-interest entities — No individual concern — Manifest inadmissibility
Case C-506/15 P Spain v Commission
Appeal — European Agricultural Fund for Rural Development (EAFRD) –Expenditure excluded from EU financing — Regulations (EC) No 1698/2005, (EC) No 1975/2006 and (EC) No 796/2004 — Rural development support measures — Areas with natural handicaps — On-the-spot controls — Coefficient density of livestock — Counting of animals
Case C-45/16 P Synergy Hellas v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — ‘Multi-level patient-specific artery and artherogenesis model for outcome prediction, decision support treatment, and virtual hand-on training (ARTreat) contract’, concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Termination of that contract due to irregularities committed in the performance of another contract concluded with the European Commission — Good faith — Legitimate expectation the contract would not be terminated
Case C-485/16 P Universal Protein Supplements v EUIPO
Appeal — Rules of Procedure of the Court of Justice — Article 181 — EU trade mark — Invalidity proceedings — Figurative mark containing the word element ‘animal’
February 2017
Case C-392/15 Commission v Hungary
Failure of a Member State to fulfil obligations — Article 49 TFEU — Freedom of establishment — Notaries — Nationality requirement — Article 51 TFEU — Connection with the exercise of official authority
Language of the case: Hungarian
| Summary |
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Judgment of the Court (First Chamber) of 1 February 2017
ECLI:EU:C:2017:73 |
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Case C-430/15 Secretary of State for Work and Pensions v Tolley
Reference for a preliminary ruling — Social security — Regulation (EEC) No 1408/71 — Care component of disability living allowance — Person insured against the risk of old age who has definitively ceased all occupational activity — Concepts of ‘sickness benefit and ‘invalidity benefit’ — Exportability
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 5 October 2016
ECLI:EU:C:2016:743 |
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Judgment of the Court (First Chamber) of 1 February 2017
ECLI:EU:C:2017:74 |
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Case C-144/16 Município de Palmela v ASAE
Reference for a preliminary ruling — Procedures for the provision of information in the field of technical standards and regulations and of rules on Information Society services — Directives 83/189/EEC and 98/34/EC — Draft technical regulation — Notifying the European Commission — Obligations of Member States — Infringement — Consequences
Request for a preliminary ruling from the Tribunal Judicial da Comarca de Setúbal
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Sixth Chamber) of 1 February 2017
ECLI:EU:C:2017:76 |
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Case C-239/16 P Šumelj and Others v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for damages — Act of accession of the Republic of Croatia to the European Union — Commitments relating to a strategy for judicial reform — Creation followed by the abolition of the position of public bailiff — Damage suffered by persons appointed as public bailiffs — Monitoring of the Republic of Croatia’s commitments by the European Commission — Appeal dismissed — Appeal manifestly inadmissible in part and manifestly unfounded in part
Language of the case: Croatian
| Summary |
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Order of the Court (Tenth Chamber) of 1 February 2017
ECLI:EU:C:2017:91 |
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Case C-240/16 P Vidmar and Others v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for damages — Act of accession of the Republic of Croatia to the European Union — Commitments relating to a strategy for judicial reform — Creation followed by the abolition of the position of public bailiff — Damage suffered by persons appointed as public bailiffs — Monitoring of the Republic of Croatia’s commitments by the European Commission — Appeal dismissed — Appeal manifestly inadmissible
Language of the case: Croatian
| Summary |
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Order of the Court (Tenth Chamber) of 1 February 2017
ECLI:EU:C:2017:89 |
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Case C-241/16 P Graf v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for damages — Act of accession of the Republic of Croatia to the European Union — Commitments relating to a strategy for judicial reform — Creation followed by the abolition of the position of public bailiff — Damage suffered by persons appointed as public bailiffs — Monitoring of the Republic of Croatia’s commitments by the European Commission — Appeal dismissed — Appeal manifestly inadmissible
Language of the case: Croatian
| Summary |
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Order of the Court (Tenth Chamber) of 1 February 2017
ECLI:EU:C:2017:86 |
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Case C-562/15 Carrefour Hypermarchés v ITM Alimentaire International
Reference for a preliminary ruling — Comparative advertising — Directive 2006/114/EC — Article 4 — Directive 2005/29/EC — Article 7 — Objective price comparison — Misleading omission — Advertising comparing the prices of goods sold in shops having different sizes or formats — Permissibility — Material information — Degree of communication of information and the medium for communication of that information
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 19 October 2016
ECLI:EU:C:2016:781 |
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Judgment of the Court (Second Chamber) of 8 February 2017
ECLI:EU:C:2017:95 |
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Case C-560/14 M v Minister for Justice and Equaltiy Ireland and the Attorney General
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2004/83/EC — Minimum standards for the qualification and status of third country nationals or stateless persons as refugees — Application for subsidiary protection — Lawfulness of the national procedure for examining an application for subsidiary protection made after the rejection of an application for refugee status — Right to be heard — Scope — Right to an interview — Right to call and cross-examine witnesses)
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 3 May 2016
ECLI:EU:C:2016:320 |
|
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Judgment of the Court (Third Chamber) of 9 February 2017
ECLI:EU:C:2017:101 |
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Case C-283/15 X v Staatssecretaris van Financiën
Reference for a preliminary ruling — Tax legislation — Income tax — National of a Member State receiving income in that Member State and in a non-Member State, and residing in another Member State — Tax advantage to take account of his personal and family circumstances)
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Judgment of the Court (First Chamber) of 9 February 2017
ECLI:EU:C:2017:102 |
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Case C-441/15 Madaus v Hauptzollamt Bremen
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Headings 3824 90 97 and 2106 90 92 — Product in powder form composed of calcium carbonate (95%) and modified starch (5%)
Request for a preliminary ruling from the Finanzgericht Bremen
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 9 February 2017
ECLI:EU:C:2017:103 |
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Case C-585/15 Raffinerie Tirlemontoise v État belge
Reference for a preliminary ruling — Sugar — Production levies — Calculation of the average loss — Calculation of production levies — Regulation (EC) No 2267/2000 — Validity — Regulation (EC) No 1993/2001 — Validity
Request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles
Language of the case: French
| Summary |
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Judgment of the Court (Third Chamber) of 9 February 2017
ECLI:EU:C:2017:105 |
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Case C-21/16 Euro Tyre – Sucursal em Portugal v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — VAT — Directive 2006/112/EC — Articles 131 and 138 — Preconditions for the exemption of an intra-Community supply — VAT Information Exchange System (VIES) — Purchaser’s failure to register — Refusal to grant the exemption — Whether permissible
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Ninth Chamber) of 9 February 2017
ECLI:EU:C:2017:106 |
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Case C-283/16 S. v S.
Reference for a preliminary ruling — Regulation (EC) No 4/2009 — Article 41(1) — Recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations — Enforcement of a decision in a Member State — Application submitted directly to the competent authority of the Member State of enforcement — National legislation requiring recourse to be had to the Central Authority of the Member State of enforcement
Request for a preliminary ruling from the High Court of Justice of England and Wales, Family Division
Language of the case: English
| Summary |
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Judgment of the Court (Sixth Chamber) of 9 February 2017
ECLI:EU:C:2017:104 |
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Case C-443/16 Rodrigo Sanz v Universidad Politécnica de Madrid
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Successive fixed-term contracts in the public sector — Restructuring the organisation of universities — National rules — Integration of college lecturers into the body of university lecturers — Condition — Attainment of a doctorate degree — Changing full-time posts into part-time posts — Applied only to teachers employed as interim civil servants — Principle of non-discrimination
Request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo n° 8 de Madrid
Language of the case: Spanish
| Summary |
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Order of the Court (Tenth Chamber) of 9 February 2017
ECLI:EU:C:2017:109 |
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Case Avis 3/15 Opinion pursuant to Article 218(11) TFEU
Opinion pursuant to Article 218(11) TFEU –– Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled –– Article 3 TFEU — Exclusive external competence of the European Union — Article 207 TFEU — Common commercial policy — Commercial aspects of intellectual property –– International agreement that may affect common rules or alter their scope –– Directive 2001/29/EC –– Article 5(3)(b) and (4) –– Exceptions and limitations for the benefit of people with a disability
Language of the case: English
| Summary |
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Opinion of Advocate General Wahl delivered on 8 September 2016
ECLI:EU:C:2016:657 |
|
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Opinion of the Court (Grand Chamber) of 14 February 2017
ECLI:EU:C:2017:114 |
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Case C-317/15 X v Staatssecretaris van Financiën
Reference for a preliminary ruling — Free movement of capital — Article 64 TFEU — Movement of capital to or from third countries involving the provision of financial services — Financial assets held in a Swiss bank account — Additional assessment for recovery — Recovery period — Extension of the recovery period in the case of assets held outside the Member State of residence
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Ninth Chamber) of 15 February 2017
ECLI:EU:C:2017:119 |
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Case C-499/15 W and V v X
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction in matters of parental responsibility — Regulation (EC) No 2201/2003 — Articles 8 to 15 — Jurisdiction concerning maintenance obligations — Regulation (EC) No 4/2009 — Article 3(d) — Conflicting judgments given in the courts of different Member States — Child habitually resident in the Member State of residence of his mother — The courts of the father’s Member State of residence without jurisdiction to vary a decision that has become final which they adopted earlier concerning the residence of the child, maintenance obligations and contact arrangements
Request for a preliminary ruling from the Vilniaus miesto apylinkės teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Bot delivered on 1 December 2016
ECLI:EU:C:2016:920 |
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Judgment of the Court (First Chamber) of 15 February 2017
ECLI:EU:C:2017:118 |
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Case C-592/15 Commissioners for Her Majesty's Revenue and Customs v British Film Institute
Reference for a preliminary ruling — Value added tax — Sixth Directive 77/388/EEC — Article 13A(1)(n) — Exemptions for certain cultural services — No direct effect — Determination of the exempt cultural services — Discretion of the Member States
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
| Summary |
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Opinion of Advocate General Bot delivered on 29 September 2016
ECLI:EU:C:2016:733 |
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Judgment of the Court (Fourth Chamber) of 15 February 2017
ECLI:EU:C:2017:117 |
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Case C-555/14 IOS Finance EFC v Servicio Murciano de Salud
Reference for a preliminary ruling — Combating late payment in commercial transactions — Directive 2011/7/EU — Commercial transactions between private undertakings and public authorities — National legislation making the immediate recovery of the principal amount of a debt conditional upon the waiver of interest for late payment and of compensation for recovery costs
Request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo n° 6 de Murcia
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Sharpston delivered on 12 May 2016
ECLI:EU:C:2016:341 |
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Judgment of the Court (Fifth Chamber) of 16 February 2017
ECLI:EU:C:2017:121 |
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Case C-577/14 P Brandconcern v EUIPO and Scooters India
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 51(2) — Word mark LAMBRETTA — Genuine use of the mark — Application for revocation — Partial revocation — Communication No 2/12 of the President of EUIPO — Limitation of the temporal effects of a judgment of the Court
Language of the case: English
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 19 July 2016
ECLI:EU:C:2016:571 |
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Judgment of the Court (Fifth Chamber) of 16 February 2017
ECLI:EU:C:2017:122 |
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Case C-219/15 Schmitt v TÜV Rheinland LGA Products
Reference for a preliminary ruling — Approximation of laws — Industrial policy — Directive 93/42/EEC — Checks on the conformity of medical devices — Notified body appointed by the manufacturer — Obligations of that body — Defective breast implants — Implants manufactured using silicone — Liability of the notified body
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 15 September 2016
ECLI:EU:C:2016:694 |
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Judgment of the Court (First Chamber) of 16 February 2017
ECLI:EU:C:2017:128 |
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Case C-503/15 Margarit Panicello v Hernández Martínez
Request for a preliminary ruling — Article 267 TFEU — Registrar — Definition of ‘a court or tribunal’ — Compulsory jurisdiction — Exercise of judicial functions — Independence — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Secretario Judicial del Juzgado de Violencia sobre la Mujer Único de Terrassa
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Kokott delivered on 15 September 2016
ECLI:EU:C:2016:696 |
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Judgment of the Court (Fifth Chamber) of 16 February 2017
ECLI:EU:C:2017:126 |
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Case C-507/15 Agro Foreign Trade & Agency v Petersime
Reference for a preliminary ruling — Self-employed commercial agents — Directive 86/653/EEC — Coordination of the laws of the Member States — Belgian transposition measure — Commercial agency contract — Principal established in Belgium and agent established in Turkey — Choice of Belgian law clause — Applicable law — EEC-Turkey Association Agreement — Compatibility
Request for a preliminary ruling from the Rechtbank van Koophandel te Gent
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 26 October 2016
ECLI:EU:C:2016:809 |
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Judgment of the Court (First Chamber) of 16 February 2017
ECLI:EU:C:2017:129 |
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Case C-641/15 Verwertungsgesellschaft Rundfunk v Hettegger Hotel Edelweiss
Reference for a preliminary ruling — Intellectual property — Directive 2006/115/EC — Article 8(3) — Exclusive right of broadcasting organisations — Communication to the public — Places accessible to the public against payment of an entrance fee — Communication of broadcasts by TV sets installed in hotel rooms
Request for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 25 October 2016
ECLI:EU:C:2016:795 |
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Judgment of the Court (Second Chamber) of 16 February 2017
ECLI:EU:C:2017:131 |
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Case C-145/16 Aramex Nederland v Inspecteur van de Belastingdiens/Douane
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Customs union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Validity — Regulation (EU) No 301/2012 — Headings 8703 and 8711 — Three-wheeled motor vehicle called ‘Spyder’
Request for a preliminary ruling from the Gerechtshof Amsterdam
Language of the case: Dutch
| Summary |
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Judgment of the Court (Sixth Chamber) of 16 February 2017
ECLI:EU:C:2017:130 |
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Case C-578/16 PPU C. K. and Others v Republika Slovenija
Reference for a preliminary ruling — Area of freedom, security and justice — Borders, asylum and immigration — Dublin system — Regulation (EU) No 604/2013 — Article 4 of the Charter of Fundamental Rights of the European Union — Inhuman or degrading treatment — Transfer of a seriously ill asylum seeker to the State responsible for examining his application — No substantial grounds for believing that there are proven systemic flaws in that Member State — Obligations imposed on the Member State having to carry out the transfer
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
| Summary |
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Opinion of Advocate General Tanchev delivered on 9 February 2017
ECLI:EU:C:2017:108 |
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Judgment of the Court (Fifth Chamber) of 16 February 2017
ECLI:EU:C:2017:127 |
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Information (on unpublished decisions)
Case C-606/14 P Portovesme v Commission
Appeal — Aid granted by the Italian Republic in favour of Portovesme Srl — Preferential tariff arrangements for electricity — Decision declaring the aid measure to be incompatible with the internal market
Case C-446/16 P Kohrener Landmolkerei and DHG v Commission
Appeal — Regulation (EU) No 1151/2012 — Quality schemes for agricultural products and foodstuffs — Traditional specialities guaranteed — Notice of opposition lodged out of time by the competent national authorities — Article 181 of the Rules of Procedure of the Court of Justice — Appeal manifestly unfounded
Case C-410/16 P Syndial v Commission
Appeal — Article 181 of the Rules of Procedure — Regulation No (EC) 1049/2001 – Article 4(2) — Access to documents — Documents relating to ongoing infringement proceedings against the Italian Republic — Refusal to grant access
Case C-90/15 P Hansen & Rosenthal and H&R Wax Company Vertrieb v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European market for paraffin wax and the German market for slack wax — Price-fixing and market-sharing — Evidence of the infringement — Unlimited jurisdiction — Distortion of evidence — Obligation to state reasons — Regulation (EC) No 1/2003 — Article 23(2) — Calculation of the amount of the fine — Principle of legality — The 2006 Guidelines on the method of setting fines — Principle of proportionality
Case C-94/15 P Tudapetrol Mineralölerzeugnisse Nils Hansen v Commission
Appeal — Agreements, decisions and concerted practices — European market for paraffin wax and the German market for slack wax — Price-fixing and market-sharing — Obligation to state reasons — Evidence of the infringement — Distortion of the evidence
Case C-95/15 P H&R ChemPharm v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European market for paraffin wax and the German market for slack wax — Price-fixing and market-sharing — Obligation to state reasons — Distortion of the evidence — Regulation (EC) No 1/2003 — Article 23(3) — Calculation of the amount of the fine — The 2006 Guidelines on the method of setting fines — Principle of proportionality
Case C-501/16 P Monster Energy v EUIPO
Appeal — Article 181 of the Rules of Procedure — EU trade mark — Opposition proceedings — Application to register the figurative sign containing the word elements “MAD CATZ” — Opposition dismissed
Case C-502/16 P Monster Energy v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of a figurative sign representing a black square with four white lines — Rejection of the opposition
Case C-587/16 P Skylotec v EUIPO
Appeal — EU trade mark — Article 181 of the Rules of Procedure of the Court — Revocation proceedings — Application for a black and white trade mark representing a polygon — Declaration of revocation
March 2017
Case C-275/15 ITV Broadcasting and Others v TVCatchup and Others
Reference for a preliminary ruling — Directive 2001/29/EC — Harmonisation of certain aspects of copyright and related rights in the information society — Article 9 — Access to cable of broadcasting services — Concept of ‘cable’ — Retransmission of broadcasts of commercial television broadcasters by a third party via the internet — ‘Live streaming’
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 8 September 2016
ECLI:EU:C:2016:649 |
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Judgment of the Court (Fourth Chamber) of 1 March 2017
ECLI:EU:C:2017:144 |
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Case C-245/15 Casa Noastră v Ministerul Transporturilor - ISCTR
Reference for a preliminary ruling — Road transport — Social provisions — Exceptions — Regulation (EC) No 561/2006 — Article 3(a) — Regulation (EC) No 1073/2009 — Article 2(3) — Regular services providing for the carriage of passengers — Concept — Carriage free of charge organised by an economic operator for its employees, to and from work, in vehicles belonging to it and driven by one of its employees
Request for a preliminary ruling from the Judecătoria Balş – Judeţul Olt
Language of the case: Romanian
| Summary |
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Judgment of the Court (Tenth Chamber) of 2 March 2017
ECLI:EU:C:2017:156 |
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Case C-354/15 Henderson v Novo Banco
Reference for a preliminary ruling — Judicial cooperation in civil and commercial matters — Service of judicial and extrajudicial documents — Regulation (EC) No 1393/2007 — Articles 8, 14 and 19 — Postal service of a document instituting the proceedings — No translation of the document — Annex II - Standard form — None — Consequences — Service by registered letter with acknowledgement of receipt — Failure to return acknowledgement of receipt — Receipt of document by a third party — Conditions of validity of the proceedings
Request for a preliminary ruling from the Tribunal da Relação de Évora
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Bobek delivered on 8 September 2016
ECLI:EU:C:2016:650 |
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Judgment of the Court (Tenth Chamber) of 2 March 2017
ECLI:EU:C:2017:157 |
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Case C-496/15 Eschenbrenner v Bundesagentur für Arbeit
Reference for a preliminary ruling — Freedom of movement for workers — Article 45 TFEU — Regulation (EU) No 492/2011 — Article 7 — Equal treatment — Frontier worker subject to income tax in the Member State of residence — Benefit paid by the Member State of employment in the event of the employer’s insolvency — Detailed rules for the calculation of the insolvency benefit — Notional taking into account of the income tax of the Member State of employment — Insolvency benefit lower than the previous net remuneration — Bilateral convention for the avoidance of double taxation
Request for a preliminary ruling from the Landessozialgericht Rheinland-Pfalz, Mainz
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 7 September 2016
ECLI:EU:C:2016:640 |
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Judgment of the Court (Second Chamber) of 2 March 2017
ECLI:EU:C:2017:152 |
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Case C-568/15 Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main v comtech
Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Article 21 — Communication by telephone — Operation of a telephone line by a trader to enable consumers to contact him in relation to a contract concluded — Prohibition on applying a rate higher than the basic rate — Concept of ‘basic rate’
Request for a preliminary ruling from the Landgericht Stuttgart
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 10 November 2016
ECLI:EU:C:2016:863 |
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Judgment of the Court (Seventh Chamber) of 2 March 2017
ECLI:EU:C:2017:154 |
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Case C-584/15 Glencore Céréales France v FranceAgriMer
Reference for a preliminary ruling — Regulation (EC, Euratom) No 2988/95 — Protection of the European Union’s financial interests — Article 3 — Regulation (EEC) No 3665/87 — Article 11 — Recovery of an export refund unduly granted — Regulation (EEC) No 3002/92 — Article 5a — Security wrongly released — Interest due — Limitation period — Point from which time begins to run — Interruption of the period — Maximum limit — Longer period — Whether applicable
Request for a preliminary ruling from the Tribunal administratif de Melun
Language of the case: French
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 8 September 2016
ECLI:EU:C:2016:655 |
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Judgment of the Court (Fourth Chamber) of 2 March 2017
ECLI:EU:C:2017:160 |
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Case C-4/16 J. D. v Prezes Urzędu Regulacji Energetyki
Reference for a preliminary ruling — Environment — Directive 2009/28/EC — The second subparagraph of Article 2(a) — Energy from renewable sources — Hydropower — Meaning — Energy produced in a small-scale hydropower plant located at the point of discharge of industrial waste water from another plant
Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie Wydział Cywilny
Language of the case: Polish
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 15 November 2016
ECLI:EU:C:2016:875 |
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Judgment of the Court (Second Chamber) of 2 March 2017
ECLI:EU:C:2017:153 |
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Case C-97/16 Pérez Retamero v TNT Express Worldwide Spain and Others
Reference for a preliminary ruling — Social policy — Directive 2002/15/EC — Protection of the safety and health of workers — Organisation of working time — Road transport — Mobile worker — Self-employed driver — Concept — Inadmissibility
Request for a preliminary ruling from the Juzgado de lo Social de Barcelona
Language of the case: Spanish
| Summary |
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Judgment of the Court (Tenth Chamber) of 2 March 2017
ECLI:EU:C:2017:158 |
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Case C-497/16 Criminal proceedings against Sokáč
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Drug precursors — Regulation (EC) No 273/2004 — Article 2(a) — Definition of ‘scheduled substance’ — Exclusion of medicinal products — Directive 2001/83/EC — Article 1(2) — Definition of ‘medicinal product’ — Medicinal product containing ephedrine or pseudoephedrine — Regulation (EC) No 111/2005 — Article 2(a) — Definition of ‘scheduled substance’ — Annex — Inclusion of medicinal products containing ephedrine or pseudoephedrine — No effect on the scope of Regulation (EC) No 273/2004
Request for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
| Summary |
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Order of the Court (Eighth Chamber) of 2 March 2017
ECLI:EU:C:2017:171 |
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Case C-390/15 Proceedings brought by RPO
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Point 6 of Annex III — Validity — Procedure — Amendment of a proposal for a Council directive after the Parliament has given an opinion — No fresh consultation of the Parliament — Article 98(2) — Validity — Reduced rate of VAT precluded from being applied to the supply of digital books electronically — Principle of equal treatment — Comparability of two situations — Supply of digital books electronically and on all physical means of support
Request for a preliminary ruling from the Trybunał Konstytucyjny w Warszawie
Language of the case: Polish
| Summary |
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Opinion of Advocate General Kokott delivered on 8 September 2016
ECLI:EU:C:2016:664 |
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Judgment of the Court (Grand Chamber) of 7 March 2017
ECLI:EU:C:2017:174 |
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Case C-638/16 PPU X and X v État belge
Reference for a preliminary ruling — Regulation (EC) No 810/2009 — Article 25(1)(a) — Visa with limited territorial validity — Issuing of a visa on humanitarian grounds or because of international obligations — Concept of ‘international obligations’ — Charter of Fundamental Rights of the European Union — European Convention for the Protection of Human Rights and Fundamental Freedoms — Geneva Convention — Issuing of a visa where a risk of infringement of Article 4 and/or Article 18 of the Charter of Fundamental Rights is established — No obligation
Request for a preliminary ruling from the Conseil du Contentieux des Étrangers (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 7 February 2017
ECLI:EU:C:2017:93 |
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Judgment of the Court (Grand Chamber) of 7 March 2017
ECLI:EU:C:2017:173 |
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Case C-321/15 ArcelorMittal Rodange et Schifflange v État du Grand-duché de Luxembourg
Reference for a preliminary ruling — Environment — Scheme for greenhouse gas emissions allowance trading in the European Union — Directive 2003/87/EC — Article 3(a) — Articles 11 and 12 — Cessation of activities of an installation — Surrender of unused allowances — Period from and including 2008 to 2012 — No compensation — Broad logic of the greenhouse gas emissions allowance trading scheme
Request for a preliminary ruling from the Cour constitutionnelle (Luxembourg)
Language of the case: French
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 5 July 2016
ECLI:EU:C:2016:516 |
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Judgment of the Court (Fifth Chamber) of 8 March 2017
ECLI:EU:C:2017:179 |
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Case C-448/15 Belgische Staat v Wereldhave Belgium and Others
Reference for a preliminary ruling — Parent companies and subsidiaries established in different Member States — Common system of taxation applicable — Corporation tax — Directive 90/435/EEC — Scope — Article 2(c) — Company subject to tax without the possibility of an option or of being exempt — Taxation at a zero rate
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 26 October 2016
ECLI:EU:C:2016:808 |
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Judgment of the Court (Fifth Chamber) of 8 March 2017
ECLI:EU:C:2017:180 |
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Case C-660/15 P Viasat Broadcasting UK v Commission
Appeal — State aid — Article 107(1) TFEU — Article 106(2) TFEU — Measures taken by the Danish authorities in favour of the Danish public service broadcaster TV2/Danmark — Compensation for the costs involved in the performance of public service obligations — Decision declaring the aid compatible with the internal market
Language of the case: English
| Summary |
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Opinion of Advocate General Wahl delivered on 10 November 2016
ECLI:EU:C:2016:854 |
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Judgment of the Court (First Chamber) of 8 March 2017
ECLI:EU:C:2017:178 |
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Case C-14/16 Euro Park Service v Ministre des finances et des comptes publics
Reference for a preliminary ruling — Direct taxation — Companies of different Member States — Common system of taxation — Merger by acquisition — Prior approval of the tax authority — Directive 90/434/EEC — Article 11(1)(a) — Tax evasion or avoidance — Freedom of establishment
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
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Judgment of the Court (First Chamber) of 8 March 2017
ECLI:EU:C:2017:177 |
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Case C-141/15 Doux v FranceAgriMer
Reference for a preliminary ruling — Regulation (EC) No 543/2008 — Article 15(1) — Article 16 — Frozen or quick-frozen chickens — Maximum limit for water content — Obsolescence of that limit — Practical measures for checks — Counter-analysis — Regulation No 612/2009 — Article 28 — Export refunds on agricultural products — Conditions for granting — Sound and fair marketable quality — Products marketable in normal conditions
Request for a preliminary ruling from the Tribunal administratif de Rennes
Language of the case: French
| Summary |
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Opinion of Advocate General Sharpston delivered on 13 September 2016
ECLI:EU:C:2016:676 |
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Judgment of the Court (Fourth Chamber) of 9 March 2017
ECLI:EU:C:2017:188 |
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Case C-173/15 GE Healthcare v Hauptzollamt Düsseldorf
Reference for a preliminary ruling — Customs Union — Community Customs Code — Article 32(1)(c) — Determination of the customs value — Royalties or licence fees in respect of the goods being valued — Meaning — Regulation (EEC) No 2454/93 — Article 160 — ‘Condition of sale’ of the goods being valued — Payment of royalties or licence fees to an undertaking related to both the seller and the buyer of the goods — Article 158(3) — Adjustment and apportionment measures
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 28 July 2016
ECLI:EU:C:2016:621 |
|
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Judgment of the Court (Fifth Chamber) of 9 March 2017
ECLI:EU:C:2017:195 |
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Case C-342/15 Piringer
Reference for a preliminary ruling — Freedom of lawyers to provide services — Possibility for Member States to reserve to prescribed categories of lawyers the drafting of formal documents for creating or transferring interests in land — Legislation of a Member State requiring that the authenticity of the signature on a request for entry in the land register be certified by a notary
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 21 September 2016
ECLI:EU:C:2016:710 |
|
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Judgment of the Court (Fifth Chamber) of 9 March 2017
ECLI:EU:C:2017:196 |
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Case C-398/15 Camera di Commercio, Industria, Artigianato e Agricoltura di Lecce v Manni
Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Directive 95/46/EC — Article 6(1)(e) — Data subject to disclosure in the companies register — First Directive 68/151/EEC — Article 3 — Winding-up of the company concerned — Restriction of access to that data by third parties
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Opinion of Advocate General Bot delivered on 8 September 2016
ECLI:EU:C:2016:652 |
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Judgment of the Court (Second Chamber) of 9 March 2017
ECLI:EU:C:2017:197 |
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Case C-406/15 Milkova v Izpalnitelen direktor na Agentsiata za privatizatsia i sledprivatizatsionen kontrol
Reference for a preliminary ruling — Social policy — Equal treatment in employment and occupation — Convention on the Rights of Persons with Disabilities — Articles 5 and 27 — Directive 2000/78/EC — Article 7 — Enhanced protection in the event of dismissal of employees with disabilities — No such protection for civil servants with disabilities — General principal of equal treatment
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 27 October 2016
ECLI:EU:C:2016:824 |
|
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Judgment of the Court (Second Chamber) of 9 March 2017
ECLI:EU:C:2017:198 |
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Case C-484/15 Zulfikarpašić v Gajer
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 805/2004 — European Enforcement Order for uncontested claims — Requirements for certification as a European Enforcement Order — Concept of ‘court’ — Notary who has issued a writ of execution based on an ‘authentic document’ — Authentic instrument
Request for a preliminary ruling from the Općinski sud u Novom Zagrebu – Stalna služba u Samoboru
Language of the case: Croatian
| Summary |
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Opinion of Advocate General Bot delivered on 8 September 2016
ECLI:EU:C:2016:654 |
|
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Judgment of the Court (Second Chamber) of 9 March 2017
ECLI:EU:C:2017:199 |
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Case C-551/15 Pula Parking v Tederahn
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Temporal and material scope — Civil and commercial matters — Enforcement proceedings relating to the recovery of an unpaid public parking debt — Included — Concept of ‘court’ — Notary who has issued a writ of execution based on an ‘authentic document’
Request for a preliminary ruling from the Općinski sud u Puli-Pola
Language of the case: Croatian
| Summary |
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Opinion of Advocate General Bobek delivered on 27 October 2016
ECLI:EU:C:2016:825 |
|
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Judgment of the Court (Second Chamber) of 9 March 2017
ECLI:EU:C:2017:193 |
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Case C-573/15 État belge v Oxycure Belgium
Reference for a preliminary ruling — Value added tax — Directive 2006/112/EC — Article 98(2) — Annex III, points 3 and 4 — Principle of fiscal neutrality — Medical treatment using oxygen — Reduced VAT rate — Oxygen cylinders — Standard rate of VAT — Oxygen concentrators
Request for a preliminary ruling from the Cour d'appel de Liège
Language of the case: French
| Summary |
|
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Opinion of Advocate General Mengozzi delivered on 20 October 2016
ECLI:EU:C:2016:792 |
|
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Judgment of the Court (Sixth Chamber) of 9 March 2017
ECLI:EU:C:2017:189 |
|
Case C-100/16 P Ellinikos Chrysos v Commission
Appeal — State aid — Transfer of mines at a price below real market value — Exemption from taxes on the transfer transaction — Assessment of the amount of the advantage granted)
Language of the case: English
| Summary |
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Judgment of the Court (Tenth Chamber) of 9 March 2017
ECLI:EU:C:2017:194 |
|
Case C-158/14 A and Others v Minister van Buitenlandse Zaken
Reference for a preliminary ruling — Common Foreign and Security Policy (CFSP) — Specific restrictive measures directed against certain persons and entities with a view to combating terrorism — Common Position 2001/931/CFSP — Framework Decision 2002/475/JHA — Regulation (EC) No 2580/2001 — Article 2(3) — Inclusion of the ‘Liberation Tigers of Tamil Eelam (LTTE)’ on the list of persons, groups and entities involved in terrorist acts — Question referred for a preliminary ruling concerning the validity of that inclusion — Compliance with international humanitarian law — Concept of ‘terrorist act’ — Actions by armed forces during periods of armed conflict
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
|
|
Opinion of Advocate General Sharpston delivered on 29 September 2016
ECLI:EU:C:2016:734 |
|
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Judgment of the Court (Grand Chamber) of 14 March 2017
ECLI:EU:C:2017:202 |
|
Case C-157/15 Achbita and Centrum voor gelijkheid van kansen en voor racismebestrijding v G4S Secure Solutions
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment — Discrimination based on religion or belief — Workplace regulations of an undertaking prohibiting workers from wearing visible political, philosophical or religious signs in the workplace — Direct discrimination — None — Indirect discrimination — Female worker prohibited from wearing an Islamic headscarf
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
| Summary |
|
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Opinion of Advocate General Kokott delivered on 31 May 2016
ECLI:EU:C:2016:382 |
|
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Judgment of the Court (Grand Chamber) of 14 March 2017
ECLI:EU:C:2017:203 |
|
Case C-162/15 P Evonik Degussa v Commission
Appeal — Competition — Articles 101 TFEU and 102 TFEU — Regulation (EC) No 1/2003 — Article 30 — Commission decision finding an illegal cartel on the European hydrogen peroxide and perborate market — Publication of an extended non-confidential version of that decision — Rejection of a request for confidential treatment of certain information — Terms of reference of the hearing officer — Decision 2011/695/EU — Article 8 — Confidentiality — Protection of professional secrecy — Article 339 TFEU — Concept of ‘business secrets or other confidential information’ — Information from a request for leniency — Rejection of the request for confidential treatment — Legitimate expectations
Language of the case: German
| Summary |
|
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Opinion of Advocate General Szpunar delivered on 21 July 2016
ECLI:EU:C:2016:587 |
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Judgment of the Court (Grand Chamber) of 14 March 2017
ECLI:EU:C:2017:205 |
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Case C-188/15 Bougnaoui and ADDH v Micropole
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment — Discrimination based on religion or belief — Genuine and determining occupational requirement — Meaning — Customer’s wish not to have services provided by a worker wearing an Islamic headscarf
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Opinion of Advocate General Sharpston delivered on 13 July 2016
ECLI:EU:C:2016:553 |
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Judgment of the Court (Grand Chamber) of 14 March 2017
ECLI:EU:C:2017:204 |
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Case C-323/15 P Polynt v ECHA
Appeal — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 57(f) — Authorisation — Substances of very high concern — Identification — Equivalent level of concern — Cyclohexane-1,2-dicarboxylic anhydride, cis-cyclohexane-1,2-dicarboxylic anhydride and trans-cyclohexane-1,2-dicarboxylic anhydride
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 28 September 2016
ECLI:EU:C:2016:727 |
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Judgment of the Court (First Chamber) of 15 March 2017
ECLI:EU:C:2017:207 |
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Case C-324/15 P Hitachi Chemical Europe and Polynt v ECHA
Appeal — Regulation (EC) No 1907/2006 (REACH Regulation) — Article 57(f) — Authorisation — Substances of very high concern — Identification — Equivalent level of concern — Hexahydromethylphthalic anhydride, hexahydro-4-methylphthalic anhydride, hexahydro-1-methylphthalic anhydride and hexahydro-3-methylphthalic anhydride
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 28 September 2016
ECLI:EU:C:2016:727 |
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Judgment of the Court (First Chamber) of 15 March 2017
ECLI:EU:C:2017:208 |
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Case C-414/15 P Stichting Woonlinie and Others v Commission
Appeal — State aid — Existing aid — Article 108(1) TFEU — Aid schemes in favour of social housing corporations — Regulation (EC) No 659/1999 — Articles 17, 18 and 19 — Assessment by the Commission of the compatibility with the internal market of an existing aid scheme — Proposal of appropriate measures — Commitments given by the national authorities in order to comply with EU law — Compatibility decision — Scope of judicial review — Legal effects
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 27 October 2016
ECLI:EU:C:2016:827 |
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Judgment of the Court (First Chamber) of 15 March 2017
ECLI:EU:C:2017:215 |
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Case C-415/15 P Stichting Woonpunt and Others v Commission
Appeal — State aid — Existing aid — Article 108(1) TFEU — Aid schemes in favour of social housing corporations — Regulation (EC) No 659/1999 — Articles 17, 18 and 19 — Assessment by the Commission of the compatibility with the internal market of an existing aid scheme — Proposal of appropriate measures — Commitments given by the national authorities in order to comply with EU law — Compatibility decision — Scope of judicial review — Legal effects
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 27 October 2016
ECLI:EU:C:2016:827 |
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Judgment of the Court (First Chamber) of 15 March 2017
ECLI:EU:C:2017:216 |
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Case C-528/15 Policie ČR v Al Chodor
Reference for a preliminary ruling — Criteria and mechanisms for determining the Member State responsible for examining an application for international protection — Regulation (EU) No 604/2013 (Dublin III) — Article 28(2) — Detention for the purpose of transfer — Article 2(n) — Significant risk of absconding — Objective criteria — Absence of a legal definition
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 10 November 2016
ECLI:EU:C:2016:865 |
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Judgment of the Court (Second Chamber) of 15 March 2017
ECLI:EU:C:2017:213 |
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Case C-536/15 Tele2 (Netherlands) and Others v ACM
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/22/EC — Article 25(2) — Directory enquiry services and directories — Directive 2002/58/EC — Article 12 — Directories of subscribers — Making available personal data concerning subscribers for the purposes of the provision of publicly available directory enquiry services and directories — Subscriber’s consent — Distinction on the basis of the Member State in which publicly available directory enquiry services and directories are provided — Principle of non-discrimination
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bot delivered on 9 November 2016
ECLI:EU:C:2016:845 |
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Judgment of the Court (Second Chamber) of 15 March 2017
ECLI:EU:C:2017:214 |
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Case C-3/16 Aquino v Belgische Staat
Reference for a preliminary ruling — EU law — Rights conferred on individuals — Infringement by a court — Questions referred for a preliminary ruling — Reference to the Court — National court of last instance
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
| Summary |
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Judgment of the Court (First Chamber) of 15 March 2017
ECLI:EU:C:2017:209 |
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Case C-253/16 Flibtravel International and Leonard Travel International v AAL Renting and Others
Reference for a preliminary ruling — Article 96 TFEU — Applicability — National legislation prohibiting taxi services from offering individual seats — National legislation prohibiting taxi services from predetermining their destination — National legislation prohibiting taxi services from touting for custom
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
| Summary |
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Opinion of Advocate General Wahl delivered on 21 December 2016
ECLI:EU:C:2016:1005 |
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Judgment of the Court (Third Chamber) of 15 March 2017
ECLI:EU:C:2017:211 |
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Case C-493/15 Agenzia delle Entrate v Identi
Reference for a preliminary ruling — Taxation — Value added tax — Article 4(3) TEU — Sixth Directive — State aid — Procedure discharging bankrupt natural persons from debts (esdebitazione) — Ineligibility of VAT debts)
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Judgment of the Court (Seventh Chamber) of 16 March 2017
ECLI:EU:C:2017:219 |
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Case C-47/16 Valsts ieņēmumu dienests v Veloserviss
Reference for a preliminary ruling — Customs union — Community Customs Code — Article 220(2)(b) — Post-clearance recovery of import duties — Legitimate expectations — Conditions under which applicable — Error of the customs authorities — Obligation imposed on the importer to act in good faith and to verify the circumstances of the issue of the Form A certificate of origin — Means of proof — Report of the European Anti-Fraud Office (OLAF))
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
| Summary |
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Judgment of the Court (Sixth Chamber) of 16 March 2017
ECLI:EU:C:2017:220 |
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Case C-138/16 AKM v Zürs.net
Reference for a preliminary ruling — Intellectual property — Copyright and related rights in the information society — Directive 2001/29/EC — Right of communication of works to the public — Article 3(1) — Exceptions and limitations — Article 5(3)(o) — Broadcast of television programmes through a local cable network — National law laying down exceptions for installations allowing access to a maximum of 500 subscribers and for the retransmission of broadcasts of the public broadcaster in national territory
Request for a preliminary ruling from the Handelsgericht Wien
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 16 March 2017
ECLI:EU:C:2017:218 |
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Joined Cases C-435/15 and C-666/15 GROFA and Others v Hauptzollamt Hannover and Inspecteur van de Belastingdienst/Douane kantoor Rotterdam Rijnmond
References for a preliminary ruling — Common Customs Tariff — Tariff headings — Classification of goods — Video Camera Recorders — Combined Nomenclature — Subheadings 8525 80 30, 8525 80 91 and 8525 80 99 — Explanatory notes — Interpretation — Implementing Regulations (EU) Nos 1249/2011 and 876/2014 — Interpretation — Validity
References for a preliminary ruling from the Finanzgericht Hamburg and the Rechtbank Noord-Holland
Languages of the case: German and Dutch
| Summary |
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Judgment of the Court (Ninth Chamber) of 22 March 2017
ECLI:EU:C:2017:232 |
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Joined Cases C-497/15 and C-498/15 Euro-Team and Spirál-Gép v Budapest Rendőrfőkapitánya
Reference for a preliminary ruling — Approximation of laws — Road transport — Tax provisions — Directive 1999/62/EC — Charging of heavy goods vehicles for the use of certain infrastructures — Toll — Member States’ obligation to establish effective, proportionate and dissuasive penalties — Flat-rate fine — Proportionality
References for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Tenth Chamber) of 22 March 2017
ECLI:EU:C:2017:229 |
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Joined Cases C-124/16, C-188/16 and C-213/16 Criminal proceedings against Tranca and Others
References for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2012/13/EU — Right to information in criminal proceedings — Right to be informed about the charge — Service of a penalty order — Procedures — Mandatory appointment of person authorised to accept service — Non-resident accused person with no fixed place of residence — Period for lodging an objection running from service on the person authorised to accept service
References for a preliminary ruling from the Amtsgericht München and the Landgericht München I
Language of the case: German
| Summary |
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Judgment of the Court (Fifth Chamber) of 22 March 2017
ECLI:EU:C:2017:228 |
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Case C-72/15 Rosneft v Her Majesty's Treasury and Others
Reference for a preliminary ruling — Common Foreign and Security Policy (CFSP) — Restrictive measures adopted in view of Russia’s actions destabilising the situation in Ukraine — Provisions of Decision 2014/512/CFSP and Regulation (EU) No 833/2014 — Validity — Jurisdiction of the Court — EU-Russia Partnership Agreement — Obligation to state reasons — Principles of legal certainty and nulla poena sine lege certa — Access to capital markets — Financial assistance — Global Depositary Receipts — Oil sector — Request for interpretation of concepts of ‘shale’ and ‘waters deeper than 150 metres’ — Inadmissibility
Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Divisional Court)
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 31 May 2016
ECLI:EU:C:2016:381 |
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Judgment of the Court (Grand Chamber) of 28 March 2017
ECLI:EU:C:2017:236 |
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Case C-652/15 Tekdemir v Kreis Bergstraße
Reference for a preliminary ruling — Association Agreement between the European Union and Turkey — Decision No 1/80 — Article 13 — ‘Standstill’ clause — Right of residence of members of the family of a Turkish worker duly registered as belonging to the labour force of a Member State — Existence of an overriding reason in the public interest justifying new restrictions — Efficient management of migration flows — Requirement for nationals of third countries under 16 years old to hold a residence permit — Proportionality
Request for a preliminary ruling from the Verwaltungsgericht Darmstadt
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 15 December 2016
ECLI:EU:C:2016:960 |
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Judgment of the Court (First Chamber) of 29 March 2017
ECLI:EU:C:2017:239 |
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Case C-146/16 Verband Sozialer Wettbewerb v DHL Paket
Reference for a preliminary ruling — Unfair business practices — Advertisement in a print medium — Omission of material information — Access to that information via the website by means of which the products concerned are distributed — Products sold by the person who published the advertisement or by a third party
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Tenth Chamber) of 30 March 2017
ECLI:EU:C:2017:243 |
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Case C-315/16 Lingurár v Miniszterelnökséget vezető miniszter
Reference for a preliminary ruling — Common agricultural policy — EAFRD financing — Rural development support — Natura 2000 payments — Eligibility limited to private owners — Forest area partially owned by the State)
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Tenth Chamber) of 30 March 2017
ECLI:EU:C:2017:244 |
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Case C-335/16 VG Čistoća v Vladika and Vladika
Reference for a preliminary ruling — Environment — Waste — Directive 2008/98/EC — Recovery of waste management costs — Polluter-pays principle — Concept of ‘waste holders’ — Price charged for waste management — Special levy intended to finance capital investments
Request for a preliminary ruling from the Općinski sud u Velikoj Gorici
Language of the case: Croatian
| Summary |
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Judgment of the Court (Sixth Chamber) of 30 March 2017
ECLI:EU:C:2017:242 |
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Information (on unpublished decisions)
Case C-512/16 P(R) EMA v MSD Animal Health Innovation and Intervet international
Appeal — Order for interim measures — Access to documents — Regulation (EC) No 1049/2001 — Directive 2001/82/EC — Regulation (EC) No 726/2004 — Documents held by the European Medicines Agency (EMA) submitted in connection with an application for marketing authorisation for a veterinary medicinal product — Decision to grant a third party access to the documents — Suspension of operation of that decision — Prima facie case — Urgency — Balancing of interests
Case C-513/16 P(R) EMA v PTC Therapeutics International
Appeal — Order for interim measures — Access to documents — Regulation (EC) No 1049/2001 — Directive 2001/83/EC — Regulation (EC) No 726/2004 — Regulation (EC) No 141/2000 — Regulation (EC) No 507/2006 — Documents held by the European Medicines Agency (EMA) submitted in connection with an application for marketing authorisation for an orphan medicinal product — Decision to grant a third party access to documents — Suspension of the operation of that decision — Prima facie case — Urgency — Balancing of interests
Case C-655/15 P Panrico v EUIPO
Appeal — European Union trade mark — Regulation (EC) No 40/94 — Article 52 — Article 8(1)(b) and Article 8(5) — Figurative mark containing the word elements ‘krispy kreme doughnuts’ — National and international word and figurative marks containing the elements ‘donut’, ‘donuts’ and ‘doughnuts’ — Application for a declaration of invalidity — Dismissal
Case C-83/16 Heta Asset Resolution Bulgaria v Nachalnik na Mitnitsa Stolichna
Reference for a preliminary ruling — Articles 53(2) and 99 of the Rules of Procedure of the Court of Justice — Customs Code — Retrospective export declaration — Concept of ‘sufficient evidence’ — Assessment as to whether the evidence is sufficient
Case C-160/16 Commission v Greece
Failure of a Member State to fulfil obligations — Energy policy — Energy performance of buildings — Directive 2010/31/EU — Article 5(2) — Report on cost-optimal levels
Case C-576/16 P TVR Italia v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Opposition proceedings — Application for registration of the figurative mark containing the word elements “TVR ITALIA” — Rejection of the application for registration
Case C-625/16 P Pint v Commission
Appeal — Access to documents — Regulation (EC) No 1049/2001 — Documents from the Hungarian Government relating to the procedure EU Pilot No 8572/15 (CHAP(2015)00353 and 6874/14/JUST) concerning an alleged infringement by Hungary of Article 47 of the Charter of Fundamental Rights of the European Union — Request to be provided with documents — Lack of a response from the European Commission
Case C-615/15 P Samsung SDI and Samsung SDI (Malaysia) v Commission
Appeal — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Agreements and concerted practices on pricing, market sharing, customer allocation and output limitation — Fines — Guidelines on the method of setting fines (2006) — Point 13 — Determination of the value of sales relating to the infringement
Case C-105/16 P Poland v Commission
Appeal — EAGGF and EAFRD — Expenditure excluded from EU financing — Rural Development — Regulation (EC) No 1257/1999 — Article 33b — Support for semi‐subsistence farms undergoing restructuring — Obligation to spend at least 50% of the support on restructuring operations
Case C-232/16 P Simet v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Transport sector — Inter-regional bus transport services — Regulation (EEC) No 1191/69 — Right to compensation for expenses arising from the performance of public service obligations — National judicial decision — Aid incompatible with the internal market
Case C-563/15 Commission v Spain
Failure of a Member State to fulfil obligations — Environment — Directive 2008/98/EC — Articles 13 and 15 — Waste management — Protection of human health and the environment
Case C-515/16 Enedis v Axa Corporate Solutions and Ombrière Le Bosc
Request for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Articles 107 TFEU and 108 TFEU — State aid — Concept of ‘intervention by the State or through State resources’ — Solar power — Obligation to purchase at a price higher than the market price — Compensation in full — No prior notification
Case C-211/16 Bimotor v Agenzia delle Entrate - Direzione Provinciale II di Torino
Reference for a preliminary ruling — Value added tax — Principle of fiscal neutrality — National legislation laying down a fixed maximum ceiling limiting the amount of refund or compensation of credit or excess value added tax
Case C-665/15 Commission v Portugal
Failure of a Member State to fulfil obligations — Transport — Driving licences — EU driving licence network — Use of and connection to the EU network
April 2017
Case C-337/15 P Ombudsman v Staelen
Appeal — Non-contractual liability of the European Union — Handling by the European Ombudsman of a complaint concerning the management of a list of suitable candidates in an open competition — Breaches of the duty to act diligently — Concept of a ‘sufficiently serious breach’ of a rule of EU law — Non-material damage — Loss of confidence in the office of the European Ombudsman
Language of the case: French
| Summary |
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Opinion of Advocate General Wahl delivered on 27 October 2016
ECLI:EU:C:2016:823 |
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Judgment of the Court (Grand Chamber) of 4 April 2017
ECLI:EU:C:2017:256 |
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Case C-544/15 Fahimian v Bundesrepublik Deutschland
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2004/114/EC — Article 6(1)(d) — Conditions of admission of third country nationals — Refusal of admission — Concept of ‘threat to public security’ — Margin of discretion
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 29 November 2016
ECLI:EU:C:2016:908 |
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Judgment of the Court (Grand Chamber) of 4 April 2017
ECLI:EU:C:2017:255 |
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Case C-598/14 P EUIPO v Szajner
Appeal — EU trade mark — Invalidity proceedings — Regulation (EC) No 207/2009 — Article 8(4) — Article 65(1) and (2) — Word mark LAGUIOLE — Application for a declaration of invalidity based on a prior right acquired pursuant to national law — Application of national law by EUIPO — Role of the EU Courts
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 1 December 2016
ECLI:EU:C:2016:915 |
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Judgment of the Court (Second Chamber) of 5 April 2017
ECLI:EU:C:2017:265 |
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Joined Cases C-217/15 and C-350/15 Criminal proceedings against Orsi and Baldetti
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Articles 2 and 273 — National legislation providing for an administrative penalty and a criminal penalty for the same offences, relating to the non-payment of value added tax — Charter of Fundamental Rights of the European Union — Article 50 — Ne bis in idem principle — Identity of the accused or penalised person — Absence
Requests for a preliminary ruling from the Tribunale di Santa Maria Capua Vetere
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 12 January 2017
ECLI:EU:C:2017:14 |
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Judgment of the Court (Fourth Chamber) of 5 April 2017
ECLI:EU:C:2017:264 |
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Case C-298/15 Borta v VĮ Klaipėdos valstybinio jūrų uosto direkcija
Reference for a preliminary ruling — Public procurement — Directive 2004/17/EC — Contract not reaching the threshold laid down by that directive — Articles 49 and 56 TFEU — Limit on reliance on subcontracting — Submission of a common tender — Professional capacities of the tenderers — Changes to the tender specifications
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Sharpston delivered on 1 December 2016
ECLI:EU:C:2016:921 |
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Judgment of the Court (Fifth Chamber) of 5 April 2017
ECLI:EU:C:2017:266 |
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Joined Cases C-376/15 P and C-377/15 P Changshu City Standard Parts Factory and Ningbo Jinding Fastener v Council
Appeal — Dumping — Implementing Regulation (EU) No 924/2012 — Imports of certain iron or steel fasteners originating in the People’s Republic of China — Regulation (EC) No 1225/2009 — Article 2(10) and (11) — Exclusion of certain export transactions for the purposes of calculating the dumping margin — Fair comparison between the export price and the normal value in the case of imports from a non-market economy country
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 7 December 2016
ECLI:EU:C:2016:928 |
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Judgment of the Court (Fourth Chamber) of 5 April 2017
ECLI:EU:C:2017:269 |
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Case C-391/15 Marina del Mediterráneo and Others v Agencia Pública de Puertos de Andalucía
Reference for a preliminary ruling — Public procurement — Review procedures — Directive 89/665/EEC — Article 1(1) — Article 2(1) — Decision of a contracting authority allowing an economic operator to participate in a procurement procedure — Decision not amenable to review under the applicable national legislation
Request for a preliminary ruling from the Tribunal Superior de Justicia de Andalucía
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Bobek delivered on 8 September 2016
ECLI:EU:C:2016:651 |
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Judgment of the Court (Fourth Chamber) of 5 April 2017
ECLI:EU:C:2017:268 |
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Case C-488/15 Commission v Bulgaria
Failure of a Member State to fulfil obligations — Environment — Directive 2008/50/EC — Ambient air quality — Article 13(1) — Annex XI — Daily and annual limit values for PM10 concentrations — Systematic and continuous exceedance of the limit values — Article 22 — Postponement of the deadlines set to attain certain limit values — Conditions under which applicable — Article 23(1) — Air quality plans — ‘Shortest possible’ exceedance period — Appropriate measures — Information needed for an assessment
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Kokott delivered on 10 November 2016
ECLI:EU:C:2016:862 |
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Judgment of the Court (Third Chamber) of 5 April 2017
ECLI:EU:C:2017:267 |
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Case C-36/17 Ahmed v Bundesrepublik Deutschland
Request for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an application for asylum lodged in one of the Member States by a third-country national — Application for international protection made by a third-country national benefiting from the status conferred by subsidiary protection — Applicability of the take-back procedure
Request for a preliminary ruling from the Verwaltungsgericht Minden
Language of the case: German
| Summary |
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Order of the Court (Third Chamber) of 5 April 2017
ECLI:EU:C:2017:273 |
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Case C-336/15 Unionen v Almega Tjänsteförbunden and ISS Facility Services
Reference for a preliminary ruling — Social policy — Directive 2001/23/EC — Article 3 — Safeguarding of employees’ rights in the event of transfers of undertakings — Collective agreements applicable to the transferee and the transferor — Additional periods of notice granted to dismissed workers — Account to be taken of the length of service with the transferor
Request for a preliminary ruling from the Arbetsdomstolen
Language of the case: Swedish
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Judgment of the Court (Tenth Chamber) of 6 April 2017
ECLI:EU:C:2017:276 |
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Case C-638/15 Eko-Tabak v Generální ředitelství cel
Reference for a preliminary ruling — Directive 2011/64/EU — Article 2(1)(c) — Article 5(1)(a) — Definitions of ‘smoking tobacco’, ‘tobacco which has been cut or otherwise split’ and ‘industrial processing’
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Opinion of Advocate General Wahl delivered on 15 December 2016
ECLI:EU:C:2016:962 |
|
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Judgment of the Court (Sixth Chamber) of 6 April 2017
ECLI:EU:C:2017:277 |
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Case C-668/15 Jyske Finans v Huskic
Reference for a preliminary ruling — Equal treatment between persons irrespective of racial or ethnic origin — Directive 2000/43/EC — Article 2(2)(a) and (b) — Credit institution requiring persons applying for a loan to purchase a car who have produced a driving licence indicating a country of birth other than a Member State of the European Union or of the European Free Trade Association as a form of identification to provide additional proof of identity in the form of a copy of a passport or residence permit
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Wahl delivered on 1 December 2016
ECLI:EU:C:2016:914 |
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Judgment of the Court (First Chamber) of 6 April 2017
ECLI:EU:C:2017:278 |
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Case C-527/15 Stichting Brein v Wullems
Reference for a preliminary ruling — Intellectual and industrial property — Directive 2001/29/EC — Harmonisation of certain aspects of copyright and related rights — Article 3(1) — Communication to the public — Definition — Sale of a multimedia player — Add-ons — Publication of works without the consent of the right holder — Access to streaming websites — Article 5(1) and (5) — Right of reproduction — Exceptions and limitations — Lawful use
Request for a preliminary ruling from the Rechtbank Midden-Nederland
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 8 December 2016
ECLI:EU:C:2016:938 |
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Judgment of the Court (Second Chamber) of 26 April 2017
ECLI:EU:C:2017:300 |
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Case C-564/15 Farkas v Nemzeti Adó- és Vámhivatal Dél-alfödi Regionális Adó Főigazgatósága
Reference for a preliminary ruling — Plea alleging infringement of EU law raised by the Court of its own motion — Principles of equivalence and effectiveness — Common system of value added tax — Directive 2006/112/EC — Right to deduct input tax — Reverse charge system — Article 199(1)(g) — Application only in the case of immovable property — Undue payment of the tax by the purchaser of property to the seller as a result of an incorrectly drawn up invoice — Tax authority’s decision holding that the property purchaser has an outstanding tax liability, refusing payment of the deduction sought by the purchaser, and imposing a penalty tax
Request for a preliminary ruling from the Kecskeméti Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Bobek delivered on 10 November 2016
ECLI:EU:C:2016:864 |
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Judgment of the Court (Fourth Chamber) of 26 April 2017
ECLI:EU:C:2017:302 |
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Case C-632/15 Popescu v Guvernul României and Others
Reference for a preliminary ruling — Transport — Road transport — Driving licences — Directive 2006/126/EC — Article 13(2) — Concept of ‘entitlement to drive granted before 19 January 2013’ — National legislation transposing the directive — Obligation to obtain a driving licence imposed on persons who were allowed to ride a moped without a licence before the entry into force of that legislation
Request for a preliminary ruling from the Înalta Curte de Casație şi Justiție
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 24 November 2016
ECLI:EU:C:2016:894 |
|
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Judgment of the Court (Fourth Chamber) of 26 April 2017
ECLI:EU:C:2017:303 |
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Case C-51/16 Stryker EMEA Supply Chain Services v Inspecteur van de Belastingdienst/Douane kantoor Rotterdam Rijnmond
Reference for a preliminary ruling — Common Customs Tariff — Tariff headings — Classification of goods — Implant screws intended to be inserted in the human body for the treatment of fractures or the stabilisation of prostheses — Combined Nomenclature — Heading 9021 — Implementing regulation (EU) No 1212/2014 — Validity
Request for a preliminary ruling from the Rechtbank Noord-Holland
Language of the case: Dutch
| Summary |
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Judgment of the Court (Eighth Chamber) of 26 April 2017
ECLI:EU:C:2017:298 |
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Case C-142/16 Commission v Germany
Failure of a Member State to fulfil obligations — Environment — Directive 92/43/EEC — Article 6(3) — Conservation of natural habitats — Construction of a coal-fired power plant in Moorburg (Germany) — Natura 2000 areas situated upstream of that coal-fired power plant on the corridor of the Elbe river — Assessment of the implications of a plan or project for a protected site
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber) of 26 April 2017
ECLI:EU:C:2017:301 |
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Case C-469/15 P FSL and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European banana market in Greece, Italy and Portugal — Coordination in the fixing of prices — Admissibility of evidence transmitted by national tax authorities — Rights of the defence — Calculation of the amount of the fine — Scope of judicial review — Classification as an ‘agreement having as its object the restriction of competition’
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 17 November 2016
ECLI:EU:C:2016:884 |
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Judgment of the Court (First Chamber) of 27 April 2017
ECLI:EU:C:2017:308 |
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Case C-516/15 P Akzo Nobel and Others v Commission
Appeal — Agreements, decisions and concerted practices — European markets in tin stabilisers and in ESBO/esters heat stabilisers — Price fixing, market allocation and exchange of commercially sensitive information — Whether the unlawful conduct of the subsidiaries may be attributed to the parent company — Regulation (EC) No 1/2003 — Article 25(1) — Limitation period for the imposition of penalties on subsidiaries — Effects on the legal position of the parent company
Language of the case: English
| Summary |
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Opinion of Advocate General Wahl delivered on 21 December 2016
ECLI:EU:C:2016:1004 |
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Judgment of the Court (Fifth Chamber) of 27 April 2017
ECLI:EU:C:2017:314 |
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Case C-535/15 Freie und Hansestadt Hamburg v Pinckernelle
Reference for a preliminary ruling — Registration, evaluation, authorisation and restriction of chemicals — Regulation (EC) No 1907/2006 (REACH Regulation) — General obligation to register and information requirements — Unregistered chemicals — Export of unregistered chemicals outside the territory of the European Union
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Tanchev delivered on 21 December 2016
ECLI:EU:C:2016:996 |
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Judgment of the Court (Third Chamber) of 27 April 2017
ECLI:EU:C:2017:315 |
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Case C-559/15 Onix Asigurări v IVASS
Reference for a preliminary ruling — Directive 73/239/EEC — Directive 92/49/EEC — Principle of single authorisation — Principle of supervision by the home Member State — Article 40(6) — Concept of ‘irregularities’ — Reputation of shareholders — Prohibition on insurance companies established in a Member State concluding new contracts within the territory of another Member State
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Bot delivered on 9 November 2016
ECLI:EU:C:2016:844 |
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Judgment of the Court (Third Chamber) of 27 April 2017
ECLI:EU:C:2017:316 |
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Case C-620/15 A-Rosa Flussschiff v Urssaf and Sozialversicherungsanstalt des Kantons Graubünden
Reference for a preliminary ruling — Migrant workers — Social security — Legislation applicable — Regulation (EEC) No 1408/71 — Article 14(2)(a) — Regulation (EEC) No 574/72 — Article 12a(1a) — Agreement between the European Community and the Swiss Confederation — Travelling personnel — Workers posted to another Member State — Swiss branch — E 101 certificate — Probative value
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 12 January 2017
ECLI:EU:C:2017:12 |
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Judgment of the Court (First Chamber) of 27 April 2017
ECLI:EU:C:2017:309 |
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Case C-672/15 Criminal proceedings against Noria Distribution
Reference for a preliminary ruling — Directive 2002/46/EC — Approximation of the laws of the Member States relating to food supplements — Vitamins and minerals which may be used in the manufacture of food supplements — Maximum amounts — Competence of the Member States — National legislation setting those amounts — Mutual recognition — Absence — Conditions to be respected and factors to be taken into consideration when setting those amounts
Request for a preliminary ruling from the Tribunal de grande instance de Perpignan
Language of the case: French
| Summary |
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Opinion of Advocate General Bobek delivered on 15 December 2016
ECLI:EU:C:2016:961 |
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Judgment of the Court (First Chamber) of 27 April 2017
ECLI:EU:C:2017:310 |
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Joined Cases C-680/15 and C-681/15 Asklepios Kliniken v Felja and Asklepios Dienstleistungsgesellschaft v Graf
References for a preliminary ruling — Transfer of undertakings — Safeguarding of employees’ rights — Directive 2001/23/EC — Article 3 — Contract of employment — Legislation of a Member State authorising the incorporation of clauses referring to collective labour agreements after the date of the transfer — Effects with regard to the transferee
References for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 19 January 2017
ECLI:EU:C:2017:30 |
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Judgment of the Court (Third Chamber) of 27 April 2017
ECLI:EU:C:2017:317 |
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Information (on unpublished decisions)
Case C-385/16 P Sharif University of Technology v Council
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Restrictive measures against the Islamic Republic of Iran — List of persons and entities subject to the freezing of funds and economic resources — Criterion relating to the material, logistical or financial support to the Government of Iran — Cooperation in research and technological development in military or military-related fields
Case C-555/16 Criminal proceedings against D'Andria and D'Andria
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National rules — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-581/16 Criminal proceedings against Turco
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National rules — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-582/16 Criminal proceedings against Consalvo
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Identical questions referred for a preliminary ruling — Articles 49 TFEU and 56 TFEU — Freedom of establishment — Freedom to provide services — Betting and gaming — National rules — Reorganisation of the licensing system through the alignment of licence expiry dates — New call for tenders — Licences for a shorter term than that of the former licences — Transfer, free of charge, of the rights to use tangible and intangible assets owned constituting the network for the management and collection of bets — Restriction — Overriding reasons in the public interest — Proportionality
Case C-58/16 Commission v Germany
Failure of a Member State to fulfil obligations — Improvement of port security — Directive 2005/65/EC — Articles 2(3), 6, 7 and 9 — Infringement — No assessment of port security — Port boundaries, port security assessments and port security officers — No definition
Case C-153/16 Commission v Slovenia
Failure of a Member State to fulfil obligations — Inappropriate storage of a large number of used tyres — Landfill not complying with the requirements fixed by Directives 2008/98/EC and 1999/31/EC — Persistent and continuous danger to the environment and human health
Case C-176/16 P Proforec v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Register of protected designations of origin and protected geographical indications — Regulation (EU) No 1151/2012 — Registration of the name ‘Focaccia di Recco col formaggio (IPG)’ — Lack of legal interest in bringing proceedings
Case C-464/16 P PITEE v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Request for access to Commission documents — Refusal — Action for annulment — Article 19 of the Statute of the Court of Justice of the European Union — Representation before the EU Courts — Lawyer who is not a third party in relation to the appellant — Action manifestly inadmissible — Article 47 of the Charter of Fundamental Rights of the European Union — Right to an effective remedy and to a fair trial — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-610/16 P Gaki v Parliament
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Petition addressed to the European Parliament — Decision to take no further action — Lack of competence of the Committee on Petitions — Complaint — Action for annulment and for failure to act — Appeal manifestly inadmissible
Case C-202/16 Commission v Greece
Failure of a Member State to fulfil obligations — Environment — Waste management — Directives 2008/98/EC and 1999/31/EC — Waste disposal site in Temploni (Greece)
Case C-535/16 Bachman v FAER IFN
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Consumer protection — Directive 93/13/EEC — Article 2(b) — Unfair terms in consumer contracts — Notion of ‘consumer’ — Natural person having concluded an agreement for novation with a credit institution in order to meet repayment obligations to that institution in respect of credit obtained by a commercial company
Case C-595/16 Emmea and Commercial Hub v Comune di Siracusa and Others
Reference for a preliminary ruling — Legislative and factual background to the case in the main proceedings — Insufficient information — Manifest inadmissibility — Article 53(2) of the Rules of Procedure of the Court of Justice — Article 94 of the Rules of Procedure of the Court of Justice
May 2017
Case C-387/14 Esaprojekt v Województwo
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Principles of equal treatment, non-discrimination and transparency — Technical and/or professional abilities of economic operators — Article 48(3) — Possibility to rely on the capacities of other entities — Article 51 — Possibility to supplement the tender — Article 45(2)(g) — Exclusion from participation in a public contract for serious misconduct
Request for a preliminary ruling from the Krajowa Izba Odwoławcza
Language of the case: Polish
| Summary |
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Opinion of Advocate General Bobek delivered on 24 November 2016
ECLI:EU:C:2016:899 |
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Judgment of the Court (Fifth Chamber) of 4 May 2017
ECLI:EU:C:2017:338 |
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Case C-274/15 Commission v Luxembourg
Failure of a Member State to fulfil obligations — Taxation — Value added tax — Directive 2006/112/EC — Article 132(1)(f) — Exemption from VAT of supplies of services by independent groups of persons to their members — Article 168(a) and Article 178(a) — Right of deduction for the members of the group — Article 14(2)(c) and Article 28 — Actions of a member in his own name and on behalf of the group
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 6 October 2016
ECLI:EU:C:2016:750 |
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Judgment of the Court (Fourth Chamber) of 4 May 2017
ECLI:EU:C:2017:333 |
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Case C-315/15 Pešková and Peška v Travel Service
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 5(3) — Compensation to passengers in the event of denied boarding and of cancellation or long delay of flights — Scope — Exemption from the obligation to pay compensation — Collision between an aircraft and a bird — Notion of ‘extraordinary circumstances’ — Notion of ‘reasonable measures’ to avoid extraordinary circumstances or the consequences thereof
Request for a preliminary ruling from the Obvodní soud pro Prahu 6
Language of the case: Czech
| Summary |
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Opinion of Advocate General Bot delivered on 28 July 2016
ECLI:EU:C:2016:623 |
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Judgment of the Court (Third Chamber) of 4 May 2017
ECLI:EU:C:2017:342 |
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Case C-339/15 Criminal proceedings against Vanderborght
Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Provision of oral and dental care — National legislation prohibiting, in absolute terms, advertising for oral and dental care services — Existence of a cross-border element — Protection of public health — Proportionality — Directive 2000/31/EC — Information society service — Advertising via an internet site — Member of a regulated profession — Professional rules — Directive 2005/29/EC — Unfair trading practices — National provisions relating to health — National provisions governing regulated professions
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bot delivered on 8 September 2016
ECLI:EU:C:2016:660 |
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Judgment of the Court (Third Chamber) of 4 May 2017
ECLI:EU:C:2017:335 |
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Case C-699/15 Commissioners for Her Majesty's Revenue & Customs v Brockenhurst College
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Exemptions — Supply of restaurant and entertainment services by an educational establishment to a limited public in return for consideration
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 21 December 2016
ECLI:EU:C:2016:991 |
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Judgment of the Court (First Chamber) of 4 May 2017
ECLI:EU:C:2017:344 |
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Case C-13/16 Valsts policijas Rīgas reģiona pārvaldes v Rīgas satiksme
Reference for a preliminary ruling — Directive 95/46/EC — Article 7(f) — Personal data — Conditions for the lawful processing of personal data — Concept of ‘necessity for the realisation of the legitimate interests of a third party’ — Request for disclosure of personal data of a person responsible for a road accident in order to exercise a legal claim — Obligation on the controller to grant such a request — No such obligation
Request for a preliminary ruling from the Augstākās tiesas Administratīvo lietu departaments
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Bobek delivered on 26 January 2017
ECLI:EU:C:2017:43 |
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Judgment of the Court (Second Chamber) of 4 May 2017
ECLI:EU:C:2017:336 |
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Case C-17/16 El Dakkak and Intercontinental v Administration des douanes et droits indirects
Reference for a preliminary ruling — Regulation (EC) No 1889/2005 — Controls of cash entering or leaving the European Union — Article 3(1) — Natural person entering or leaving the European Union — Obligation to declare — International transit area of a Member State’s airport
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 21 December 2016
ECLI:EU:C:2016:1001 |
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Judgment of the Court (First Chamber) of 4 May 2017
ECLI:EU:C:2017:341 |
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Case C-29/16 HanseYachts v Port D’Hiver Yachting and Others
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 27 — Lis pendens — Court first seised — Point 1 of Article 30 — Concept of ‘document instituting the proceedings’ or ‘equivalent document’ — Application for proceedings to preserve or establish, prior to any legal proceedings, evidence of facts on which a subsequent action could be based)
Request for a preliminary ruling from the Landgericht Stralsund
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 26 January 2017
ECLI:EU:C:2017:44 |
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Judgment of the Court (Second Chamber) of 4 May 2017
ECLI:EU:C:2017:343 |
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Case C-33/16 Proceedings brought by A
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Article 148(d) — Exemption — Supply of services to meet the direct needs of vessels used for navigation on the high seas — Loading and unloading of cargo by a subcontractor on behalf of an intermediary
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Bot delivered on 7 December 2016
ECLI:EU:C:2016:929 |
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Judgment of the Court (Eighth Chamber) of 4 May 2017
ECLI:EU:C:2017:339 |
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Case C-133/15 Chavez-Vilchez and Others v Raad van bestuur van de Sociale verzekeringbank and Others
Reference for a preliminary ruling — Union citizenship — Article 20 TFEU — Access to social assistance and child benefit conditional on right of residence in a Member State — Third-country national responsible for the primary day-to-day care of her minor child, a national of that Member State — Obligation on the third-country national to establish that the other parent, a national of that Member State, is not capable of caring for the child — Refusal of residence possibly obliging the child to leave the territory of the Member State, or the territory of the European Union
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 8 September 2016
ECLI:EU:C:2016:659 |
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Judgment of the Court (Grand Chamber) of 10 May 2017
ECLI:EU:C:2017:354 |
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Case C-690/15 de Lobkowicz v Ministère des Finances et des Comptes Publics
Reference for a preliminary ruling — Officials of the European Union — Staff Regulations — Compulsory affiliation to the social security scheme of the EU institutions — Real estate income received in a Member State — Liability to pay General Social Contribution, social levy and additional contributions under the law of a Member State — Participating in the funding of the social security scheme of that Member State
Request for a preliminary ruling from the Cour administrative d'appel de Douai
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 6 December 2016
ECLI:EU:C:2016:926 |
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Judgment of the Court (Grand Chamber) of 10 May 2017
ECLI:EU:C:2017:355 |
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Case C-562/14 P Sweden v Commission
Appeal — Right of public access to documents — Regulation (EC) No 1049/2001 — Third indent of Article 4(2) — Exceptions to the right of access to documents — Incorrect interpretation — Protection of the purpose of inspections, investigations and audits — Overriding public interest justifying the disclosure of documents — General presumption of confidentiality — Documents relating to an EU Pilot procedure
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 17 November 2016
ECLI:EU:C:2016:885 |
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Judgment of the Court (Fourth Chamber) of 11 May 2017
ECLI:EU:C:2017:356 |
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Case C-421/15 P Yoshida Metal Industry v EUIPO
Appeal — EU trade mark — Registration of signs consisting of a surface with black dots — Declaration of invalidity — Regulation (EC) No 40/94 — Article 7(1)(e)(ii) — Article 51(3)
Language of the case: English
| Summary |
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Opinion of Advocate General Szpunar delivered on 8 December 2016
ECLI:EU:C:2016:939 |
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Judgment of the Court (Fifth Chamber) of 11 May 2017
ECLI:EU:C:2017:360 |
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Case C-36/16 Minister Finansów v Posnania Investment
Reference for a preliminary ruling — Taxation — Common system of value added tax — Directive 2006/112/EC — Article 2(1)(a) — Article 14(1) — Taxable transactions — Meaning of ‘supply of goods for consideration’ — Transfer to the State or to a local authority of immovable property in order to settle a tax debt — Not included
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Opinion of Advocate General Kokott delivered on 16 February 2017
ECLI:EU:C:2017:134 |
|
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Judgment of the Court (Second Chamber) of 11 May 2017
ECLI:EU:C:2017:361 |
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Case C-44/16 P Dyson v Commission
Appeal — Directive 2010/30/EU — Indication of energy consumption by labelling and standard product information — Delegated Regulation (EU) No 665/2013 — Energy labelling of vacuum cleaners — Energy efficiency — Measurement method — Limits of delegated powers — Distortion of the evidence — Duty of the General Court to state reasons
Language of the case: English
| Summary |
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Judgment of the Court (Ninth Chamber) of 11 May 2017
ECLI:EU:C:2017:357 |
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Case C-59/16 The Shirtmakers v Staatssecretaris van Financiën
Reference for a preliminary ruling — Customs union — Regulation (EEC) No 2913/92 — Community Customs Code — Article 32(1)(e)(i) — Customs value — Transaction value — Determination — Concept of ‘cost of transport’
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Tenth Chamber) of 11 May 2017
ECLI:EU:C:2017:362 |
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Case C-131/16 Archus and Gama v Polskie Górnictwo Naftowe i Gazownictwo
Reference for a preliminary ruling — Public procurement — Directive 2004/17/EC — Principles of awarding contracts — Article 10 — Principle of equal treatment of tenderers — Requirement for contracting authorities to request tenderers to amend or supplement their tender — Right of the contracting authority to retain the bank guarantee in the event of refusal — Directive 92/13/EEC — Article 1(3) — Review procedures — Decision to award a public contract — Exclusion of a tenderer — Actions for annulment — Interest in bringing proceedings
Request for a preliminary ruling from the Krajowa Izba Odwoławcza
Language of the case: Polish
| Summary |
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Judgment of the Court (Eighth Chamber) of 11 May 2017
ECLI:EU:C:2017:358 |
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Case C-302/16 Krijgsman v Surinaamse Luchtvaart Maatschappij
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 5(1)(c) — Compensation and assistance to passengers in the event of cancellation of a flight — Exemption from the obligation to pay compensation — Contract for carriage concluded through an online travel agent — Air carrier having informed the travel agent in good time of a change to the scheduled time for the flight — Travel agent having communicated that information to a passenger by email 10 days before the flight
Request for a preliminary ruling from the Rechtbank Noord-Nederland
Language of the case: Dutch
| Summary |
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Judgment of the Court (Eighth Chamber) of 11 May 2017
ECLI:EU:C:2017:359 |
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Opinion 2/15 Opinion pursuant to Article 218(11) TFEU
Opinion pursuant to Article 218(11) TFEU — Free Trade Agreement between the European Union and the Republic of Singapore — ‘New generation’ trade agreement negotiated after the entry into force of the EU and FEU Treaties — Competence to conclude the agreement — Article 3(1)(e) TFEU — Common commercial policy — Article 207(1) TFEU — Trade in goods and services — Foreign direct investment — Public procurement — Commercial aspects of intellectual property — Competition — Trade with third States and sustainable development — Social protection of workers — Environmental protection — Article 207(5) TFEU — Services in the field of transport — Article 3(2) TFEU — International agreement which may affect common rules or alter their scope — Rules of secondary EU law concerning freedom to provide services in the field of transport — Non-direct foreign investment — Article 216 TFEU — Agreement necessary in order to achieve one of the objectives of the Treaties — Free movement of capital and of payments between Member States and third States — Succession of treaties concerning investment — Replacement of the investment agreements between Member States and the Republic of Singapore — Institutional provisions of the agreement — Investor-State dispute settlement — Dispute settlement between the Parties
Language of the case: English
| Summary |
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Opinion of Advocate General Sharpston delivered on 21 December 2016
ECLI:EU:C:2016:992 |
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Rectification order of 27 November 2017
ECLI:EU:C:2017:934 |
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Opinion of the Court (Full Court) of 16 May 2017
ECLI:EU:C:2017:376 |
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Case C-682/15 Berlioz Investment Fund v Directeur de l'administration des contributions directes
Reference for a preliminary ruling — Directive 2011/16/EU — Administrative cooperation in the field of taxation — Article 1(1) — Article 5 — Request for information sent to a third party — Refusal to respond — Penalty — Concept of ‘foreseeable relevance’ of the information requested — Review by the requested authority — Review by a court — Scope — Charter of Fundamental Rights of the European Union — Article 51 — Implementation of EU law — Article 47 — Right to an effective judicial remedy — Access of the court and of the third party to the request for information sent by the requesting authority
Request for a preliminary ruling from the Cour administrative (Luxembourg)
Language of the case: French
| Summary |
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Opinion of Advocate General Wathelet delivered on 10 January 2017
ECLI:EU:C:2017:2 |
|
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Judgment of the Court (Grand Chamber) of 16 May 2017
ECLI:EU:C:2017:373 |
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Case C-68/15 X v Ministerraad
Reference for a preliminary ruling — Freedom of establishment — Parent-Subsidiary Directive — Tax legislation — Tax on company profits — Distribution of dividends — Withholding tax — Double taxation — ‘Fairness tax’
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 17 November 2016
ECLI:EU:C:2016:886 |
|
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Judgment of the Court (First Chamber) of 17 May 2017
ECLI:EU:C:2017:379 |
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Case C-437/15 P EUIPO v Deluxe Entertainment Services Group
Appeal — EU trade mark — Figurative mark containing the word element ‘deluxe’ — Refusal of registration by the examiner
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 25 January 2017
ECLI:EU:C:2017:41 |
|
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Judgment of the Court (Third Chamber) of 17 May 2017
ECLI:EU:C:2017:380 |
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Case C-48/16 ERGO Poist’ovňa v Barlíková
Reference for a preliminary ruling — Self-employed commercial agents — Directive 86/653/EEC — Commercial agent’s commission — Article 11 — Partial non-execution of the contract between the third party and the principal — Consequences for the right to commission — Concept of ‘reason for which the principal is to blame’
Request for a preliminary ruling from the Okresný súd Dunajská Streda
Language of the case: Slovak
| Summary |
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Opinion of Advocate General Szpunar delivered on 12 January 2017
ECLI:EU:C:2017:15 |
|
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Judgment of the Court (Fourth Chamber) of 17 May 2017
ECLI:EU:C:2017:377 |
|
Case C-337/16 P Portugal v Commission
Appeal — EAGF and EAFRD — European Commission implementing decision — Notification to the addressee — Subsequent rectification of the print lay-out of the annex — Publication of the decision in the Official Journal of the European Union — Period allowed for commencing proceedings — Point from which time starts to run — Delay — Inadmissibility
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Sixth Chamber) of 17 May 2017
ECLI:EU:C:2017:381 |
|
Case C-338/16 P Portugal v Commission
Appeal — EAGF and EAFRD — European Commission implementing decision — Notification to the addressee — Subsequent rectification of the print lay-out of the annex — Publication of the decision in the Official Journal of the European Union — Period allowed for commencing proceedings — Point from which time starts to run — Delay — Inadmissibility
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Sixth Chamber) of 17 May 2017
ECLI:EU:C:2017:382 |
|
Case C-339/16 P Portugal v Commission
Appeal — EAGF and EAFRD — European Commission implementing decision — Notification to the addressee — Subsequent rectification of the print lay-out of the annex — Publication of the decision in the Official Journal of the European Union — Time limit for bringing an action — Point from which time starts to run — Delay — Inadmissibility
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Sixth Chamber) of 17 May 2017
ECLI:EU:C:2017:384 |
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Case C-365/16 AFEP and Others v Ministre des finances et des comptes publics
Reference for a preliminary ruling — Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States — Directive 2011/96/EU — Prevention of double taxation — Contribution of 3% in addition to corporation tax
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Judgment of the Court (First Chamber) of 17 May 2017
ECLI:EU:C:2017:378 |
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Case C-617/15 Hummel Holding v Nike and Nike Retail
Reference for a preliminary ruling — Intellectual property — Regulation (EC) No 207/2009 — EU trade mark — Article 97(1) — International jurisdiction — Action for infringement brought against an undertaking with its seat in a third country — Second-tier subsidiary with its seat in the Member State of the court seised — Definition of ‘establishment’
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Tanchev delivered on 12 January 2017
ECLI:EU:C:2017:13 |
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Judgment of the Court (Second Chamber) of 18 May 2017
ECLI:EU:C:2017:390 |
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Case C-624/15 Litdana v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 314 — Margin scheme — Conditions under which it is applicable — Refusal by the national tax authorities to grant a taxable person the right to apply the margin scheme — References on the invoices relating both to the application of the margin scheme by the supplier and to exemption from VAT — Margin scheme not applied by the supplier to the supply — Indications giving grounds for suspecting an infringement or fraud in the supply
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
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Judgment of the Court (Ninth Chamber) of 18 May 2017
ECLI:EU:C:2017:389 |
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Case C-99/16 Lahorgue v Ordre des avocats du barreau de Lyon and Others
Reference for a preliminary ruling — Freedom to provide services — Directive 77/249/EEC — Article 4 — Practice of the legal profession — Router for accessing the private virtual network for lawyers (RPVA) — Router for RPVA access — Refusal to issue to a lawyer registered at a Bar of another Member State — Discriminatory measure
Request for a preliminary ruling from the Tribunal de grande instance de Lyon
Language of the case: French
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Opinion of Advocate General Wathelet delivered on 9 February 2017
ECLI:EU:C:2017:107 |
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Judgment of the Court (Third Chamber) of 18 May 2017
ECLI:EU:C:2017:391 |
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Case C-150/16 Fondul Proprietatea v Complexul Energetic Oltenia
Reference for a preliminary ruling — State aid — Debt owed to a company of which the Romanian State is the majority shareholder by a company of which that State is the sole shareholder — Transfer in lieu of payment — Definition of ‘State aid’ — Obligation to notify the European Commission
Request for a preliminary ruling from the Curtea de Apel Craiova
Language of the case: Romanian
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Judgment of the Court (Fifth Chamber) of 18 May 2017
ECLI:EU:C:2017:388 |
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Case C-154/16 Latvijas Dzelzceļš v Valsts ieņēmumu dienests
Reference for a preliminary ruling — Community Customs Code — Regulation (EEC) No 2913/92 — Article 94(1) and Article 96 — External Community transit procedure — Liability of the principal — Articles 203, 204 and Article 206(1) — Incurrence of a customs debt — Unlawful removal from customs supervision — Non-fulfilment of one of the obligations flowing from the use of a customs procedure — Total destruction or irretrievable loss of the goods as a result of the actual nature of the goods or unforeseeable circumstances or force majeure — Article 213 — Payment of the customs debt under joint and several liability — Directive 2006/112/EC — Value added tax (VAT) — Article 2(1), Articles 70 and 71 — Chargeable event and chargeability of the tax — Articles 201, 202 and 205 — Persons liable for payment of the tax — Finding by the customs office at the destination of a freight deficit — Lower unloading device of a wagon-tank incorrectly closed or damaged
Request for a preliminary ruling from the Augstākās tiesas Administratīvo lietu departaments
Language of the case: Latvian
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Judgment of the Court (Eighth Chamber) of 18 May 2017
ECLI:EU:C:2017:392 |
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Case C-45/15 P Safa Nicu Sepahan v Council
Appeal — Action for damages — Common foreign and security policy (CFSP) — Restrictive measures against the Islamic Republic of Iran — List of persons and entities subject to the freezing of funds and economic resources — Material damage — Non-material damage — Error of assessment in respect of the amount of compensation — None — Cross-appeal — Conditions governing the incurring of the European Union’s non-contractual liability — Obligation to substantiate the restrictive measures — Sufficiently serious breach
Language of the case: English
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Opinion of Advocate General Mengozzi delivered on 8 September 2016
ECLI:EU:C:2016:658 |
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Judgment of the Court (Grand Chamber) of 30 May 2017
ECLI:EU:C:2017:402 |
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Case C-420/15 Criminal proceedings against U
Reference for a preliminary ruling — Article 45 TFEU — Freedom of movement for workers — Obligation to register a vehicle belonging to a person resident in Belgium and intended to be used in Italy
Request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles
Language of the case: French
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Judgment of the Court (Fifth Chamber) of 31 May 2017
ECLI:EU:C:2017:408 |
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Case C-228/16 P DEI v Commission
Appeal — State aid — Decision to take no further action — Refusal by the European Commission to continue to examine the applicant’s complaint — Lack of aid at the end of the preliminary examination stage — Purely confirmatory decision — Legal conditions for the withdrawal of a decision to take no further action
Language of the case: Greek
| Summary |
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Opinion of Advocate General Wathelet delivered on 16 February 2017
ECLI:EU:C:2017:133 |
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Judgment of the Court (First Chamber) of 31 May 2017
ECLI:EU:C:2017:409 |
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Information (on unpublished decisions)
Case C-239/15 P RFA International v Commission
Appeal — Dumping — Imports of ferrosilicon originating in Russia — Rejection of applications for a refund of anti-dumping duties paid
Case C-502/15 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Articles 3 to 5 and 10 — Annex I, Sections A, B and D — Urban waste-water treatment — Collecting systems — Secondary or equivalent treatment — More stringent treatment of discharges into sensitive areas
Case C-71/16 P Comercializadora Eloro v EUIPO
Appeal — EU trade mark — Application for registration of a figurative mark including word element ‘ZUMEX’ — Opposition of the proprietor of word mark JUMEX — Regulation (EC) No 207/2009 — Article 15(1), second subparagraph, (b) and Article 42(2) — Evidence of use — Use in the European Union — Article 76(2) — Additional evidence of use produced out of time before the Board of Appeal — Discretion of the European Union Intellectual Property Office (EUIPO)
Case C-98/16 Commission v Greece
Failure of a Member State to fulfil obligations — Taxation — Free movement of capital — Article 63 TFEU — Article 40 of the EEA Agreement — Inheritance taxes — Bequest in favour of not-for-profit bodies — Application of a preferential rate to bodies existing or legally constituted in Greece and to similar bodies outside Greece on a reciprocal basis — Different treatment — Restriction — Justification
Case C-417/16 P August Storck v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute grounds for refusal — Figurative mark — Representation of a white and blue square-shaped packaging — Distinctive character
Case C-653/16 Svobodová v Česká republika - Okresní soud v Náchodě
Reference for a preliminary ruling — Factual and regulatory background to the dispute in the main proceedings — Absence of sufficient information — Manifest inadmissibility — Article 53(2) and Article 94 of the Rules of Procedure of the Court
Case C-286/16 Exmitiani v Direcția Generală a Finanțelor Publice Cluj
Reference for a preliminary ruling — Activity of passenger road transport services — Tax — Facts prior to the accession of Romania to the European Union — Manifest lack of jurisdiction of the Court
Case C-639/16 P Foodcare v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Word mark T.G.R. ENERGY DRINK — Invalidity proceedings — Declaration of invalidity
Case C-22/17 P Neonart svetlobni in reklamni napisi Krevh v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the word mark neonart — Application lodged with General Court of the European Union signed by a ‘lawyer’ — Manifest inadmissibility — Article 19 of the Statute of the Court of Justice of the European Union — No representation by a lawyer — Appeal manifestly unfounded
Case C-53/17 Bericap v Nemzetgazdasági Minisztérium
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Aid granted by Member States — Derogations from the prohibition of aid — Aid capable of being regarded as compatible with the internal market — Regulation (EC) No 800/2008 — Definition of micro, small and medium-sized enterprises — Linked enterprises — Enterprises exercising their activities on the same market and forming part of a global group of enterprises owned by the members of one single family — Concept of ‘group of natural persons acting jointly’
Case C-37/17 P Keil v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Invalidity proceedings — Word mark BasenCitrate — Declaration of invalidity
June 2017
Case C-529/15 Proceedings brought by Folk
Reference for a preliminary ruling — Environmental liability — Directive 2004/35/EC — Article 17 — Temporal scope of application — Operation of a hydroelectric power plant put into operation before the period for transposing that directive had expired — Article 2(1)(b) — Concept of ‘environmental damage’ — National law excluding all damage covered by an authorisation — Article 12(1) — Access to justice in environmental matters — Locus standi — Directive 2000/60/EC — Article 4(7) — Direct effect
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Opinion of Advocate General Bobek delivered on 10 January 2017
ECLI:EU:C:2017:1 |
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Judgment of the Court (First Chamber) of 1 June 2017
ECLI:EU:C:2017:419 |
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Case C-571/15 Wallenborn Transports v Hauptzollamt Gießen
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — External transit procedure — Goods transported through a free port located in a Member State — Legislation of that Member State excluding free ports from its national fiscal territory — Removal from customs supervision — Incurrence of a customs debt and chargeability of VAT
Request for a preliminary ruling from the Hessisches Finanzgericht
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 13 December 2016
ECLI:EU:C:2016:944 |
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Judgment of the Court (Fifth Chamber) of 1 June 2017
ECLI:EU:C:2017:417 |
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Case C-330/16 Zarski v Stadnicki
Reference for a preliminary ruling — Combating late payments in commercial transactions — Directive 2011/7/EU — Commercial lease contracts of indefinite duration — Late rent payments — Contracts concluded before the period for transposing that directive had expired — National rules — Exclusion of such contracts from the temporal scope of that directive
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
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Judgment of the Court (Ninth Chamber) of 1 June 2017
ECLI:EU:C:2017:418 |
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Case C-296/15 Medisanus v Splošna Bolnišnica Murska Sobota
Reference for a preliminary ruling — Public procurement — Medicinal products for human use — Directive 2004/18/EC — Article 2 and Article 23(2) and (8) — Articles 34 and 36 TFEU — Public contract for supplying a hospital — National legislation requiring that hospitals are to be supplied as a matter of priority with medicinal products obtained from national plasma — Principle of equal treatment
Request for a preliminary ruling from the Državna revizijska komisija za revizijo postopkov oddaje javnih naročil
Language of the case: Slovene
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Opinion of Advocate General Saugmandsgaard Øe delivered on 1 December 2016
ECLI:EU:C:2016:922 |
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Judgment of the Court (Third Chamber) of 8 June 2017
ECLI:EU:C:2017:431 |
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Case C-541/15 Proceedings brought by Freitag
Reference for a preliminary ruling — Citizenship of the Union — Article 21 TFEU — Freedom to move and reside in the Member States — Individual having the nationality of both the Member State in which he resides and the Member State in which he was born — Change of surname in the Member State of birth not carried out during a period of habitual residence — Name corresponding to birth name — Application for the entry of that name in the civil register of the Member State of residence — Rejection of that application — Reason — Name not acquired during a period of habitual residence — Existence of other procedures in national law to have that name recognised
Request for a preliminary ruling from the Amtsgericht Wuppertal
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 24 November 2016
ECLI:EU:C:2016:902 |
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Judgment of the Court (Second Chamber) of 8 June 2017
ECLI:EU:C:2017:432 |
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Case C-580/15 Van der Weegen and Others v Belgische Staat
Reference for a preliminary ruling — Article 56 TFEU — Article 36 of the Agreement on the European Economic Area — Tax legislation — Income tax — Tax exemption reserved to interest payments by banks complying with certain statutory conditions — Indirect discrimination — Banks established in Belgium and banks established in another Member State
Request for a preliminary ruling from the Rechtbank van eerste aanleg West-Vlaanderen, afdeling Brugge
Language of the case: Dutch
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Judgment of the Court (Fifth Chamber) of 8 June 2017
ECLI:EU:C:2017:429 |
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Case C-625/15 P Schniga v CPVO
Appeal — Community plant variety rights — Application for a Community plant variety right — Apple variety ‘Gala Schnitzer’ — Technical examination — Test guidelines issued by the Administrative Council of the Community Plant Variety Office (CPVO) — Regulation (EC) No 1239/95 — Article 23(1) — Powers of the President of the CPVO — Addition of a distinctive characteristic on completion of the technical examination — Stability of the characteristic during two growing cycles
Language of the case: English
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 18 January 2017
ECLI:EU:C:2017:23 |
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Judgment of the Court (Fifth Chamber) of 8 June 2017
ECLI:EU:C:2017:435 |
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Case C-689/15 W. F. Gözze Frottierweberei and Gözze v Verein Bremer Baumwollbörse
Reference for a preliminary ruling — Intellectual property — EU trade mark — Regulation (EC) No 207/2009 — Articles 9 and 15 — Filing of the cotton flower sign by an association — Registration as an individual trade mark — Licences to use the mark granted to cotton textile manufacturers affiliated with the association — Application for a declaration of invalidity or revocation — Concept of ‘genuine use’ — Essential function of indicating origin
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
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Opinion of Advocate General Wathelet delivered on 1 December 2016
ECLI:EU:C:2016:916 |
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Judgment of the Court (Second Chamber) of 8 June 2017
ECLI:EU:C:2017:434 |
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Case C-54/16 Vinyls Italia v Mediterranea di Navigazione
Reference for a preliminary ruling — Area of freedom, security and justice — Insolvency proceedings — Regulation (EC) No 1346/2000 — Articles 4 and 13 — Acts detrimental to all the creditors — Conditions in which the act in question may be challenged — Act subject to the law of a Member State other than the State of the opening of proceedings — Act which is not open to challenge on the basis of that law — Regulation (EC) No 593/2008 — Article 3(3) — Law chosen by the parties — Location of all the elements of the situation concerned in the State of the opening of proceedings — Effect
Request for a preliminary ruling from the Tribunale Ordinario di Venezia
Language of the case: Italian
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Opinion of Advocate General Szpunar delivered on 2 March 2017
ECLI:EU:C:2017:164 |
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Judgment of the Court (Fifth Chamber) of 8 June 2017
ECLI:EU:C:2017:433 |
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Case C-293/16 Sharda Europe v Administración del Estado and Syngenta Agro
Reference for a preliminary ruling — Agriculture — Placing of plant protection products on the market — Directive 2008/69/EC — Article 3(2) — Procedure for re-evaluation, by the Member States, of authorised plant protection products — Time limit — Divergence between the different language versions
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Judgment of the Court (Ninth Chamber) of 8 June 2017
ECLI:EU:C:2017:430 |
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Case C-111/17 PPU OL v PQ
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility — International child abduction — Hague Convention of 25 October 1980 — Regulation (EC) No 2201/2003 — Article 11 — Application for return — Concept of ‘habitual residence’ of an infant — Child born, as agreed by her parents, in a Member State other than that where they were habitually resident — Child continuing to reside for the first months of her life in the Member State of her birth — Mother’s decision not to return to the Member State where the couple had been habitually resident
Request for a preliminary ruling from the Monomeles Protodikeio Athinon
Language of the case: Greek
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Opinion of Advocate General Wahl delivered on 16 May 2017
ECLI:EU:C:2017:375 |
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Judgment of the Court (Fifth Chamber) of 8 June 2017
ECLI:EU:C:2017:436 |
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Case C-258/14 Florescu and Others v Casa Judeţeană de Pensii Sibiu and Others
Reference for a preliminary ruling — Article 143 TFEU — Difficulties as regards the balance of payments of a Member State — Financial assistance from the European Union — Memorandum of understanding concluded between the European Union and the Member State in receipt of the assistance — Social policy — Principle of equal treatment — National legislation prohibiting the combining of a public retirement pension with employment income from a professional activity carried out in a public institution — Different treatment of persons occupying posts whose term is laid down in the constitution and of professional judges and law officers
Request for a preliminary ruling from the Curtea de Apel Alba Iulia
Language of the case: Romanian
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Opinion of Advocate General Bot delivered on 21 December 2016
ECLI:EU:C:2016:995 |
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Judgment of the Court (Grand Chamber) of 13 June 2017
ECLI:EU:C:2017:448 |
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Case C-591/15 The Gibraltar Betting and Gaming Association v Commissioners for Her Majesty's Revenue and Customs and Her Majesty's Treasury
Reference for a preliminary ruling — Article 355(3) TFEU — Status of Gibraltar — Article 56 TFEU — Freedom to provide services — Purely internal situation — Inadmissibility
Request for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court)
Language of the case: English
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Opinion of Advocate General Szpunar delivered on 19 January 2017
ECLI:EU:C:2017:32 |
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Judgment of the Court (Grand Chamber) of 13 June 2017
ECLI:EU:C:2017:449 |
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Case C-610/15 Stichting Brein v Ziggo and XS4All Internet
Reference for a preliminary ruling — Intellectual and industrial property — Directive 2001/29/EC — Harmonisation of certain aspects of copyright and related rights — Article 3(1) — Communication to the public — Definition — Online sharing platform — Sharing of protected files, without the consent of the rightholder
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Opinion of Advocate General Szpunar delivered on 8 February 2017
ECLI:EU:C:2017:99 |
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Judgment of the Court (Second Chamber) of 14 June 2017
ECLI:EU:C:2017:456 |
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Case C-678/15 Khorassani v Pflanz
References for a preliminary ruling — Directive 2004/39/EC — Markets in financial instruments — Article 4(1)(2) — Definition of ‘investment services’ — Point 1 of Section A of Annex I — Reception and transmission of orders in relation to one or more financial instruments — Potential inclusion of brokering with a view to concluding a portfolio management contract
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 8 February 2017
ECLI:EU:C:2017:100 |
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Judgment of the Court (Fourth Chamber) of 14 June 2017
ECLI:EU:C:2017:451 |
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Case C-685/15 Online Games and Others v Landespolizeidirektion Oberösterreich
Reference for a preliminary ruling — Article 49 TFEU — Freedom of establishment — Article 56 TFEU — Freedom to provide services — Games of chance — Restrictive legislation of a Member State — Penal administrative sanctions — Overriding reasons in the public interest — Proportionality — Charter of Fundamental Rights of the European Union — Article 47 — Right to effective judicial protection — National legislation laying down the requirement for the court to examine of its own motion the facts of the case before it in the context of the prosecution of administrative offences — Compliance
Request for a preliminary ruling from the Landesverwaltungsgericht Oberösterreich
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 9 March 2017
ECLI:EU:C:2017:201 |
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Judgment of the Court (Second Chamber) of 14 June 2017
ECLI:EU:C:2017:452 |
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Case C-26/16 Santogal M-Comércio e Reparação de Automóveis v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 138(2)(a) — Conditions for the grant of the exemption for an intra-Community supply of a new means of transport — Purchaser’s residence in the Member State of destination — Temporary registration in the Member State of destination — Risk of tax evasion — Good faith of the vendor — Obligation of diligence on the part of the vendor
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Mengozzi delivered on 1 February 2017
ECLI:EU:C:2017:79 |
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Judgment of the Court (Ninth Chamber) of 14 June 2017
ECLI:EU:C:2017:453 |
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Case C-38/16 Compass Contract Services v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling — Value added tax (VAT) — Repayment of overpaid VAT — Right to deduct VAT — Procedures — Principles of equal treatment and fiscal neutrality — Principle of effectiveness — National legislation introducing a limitation period
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 2 March 2017
ECLI:EU:C:2017:163 |
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Judgment of the Court (Fourth Chamber) of 14 June 2017
ECLI:EU:C:2017:454 |
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Case C-75/16 Menini and Rampanelli v Banco Popolare
Reference for a preliminary ruling — Consumer protection — Alternative dispute resolution (ADR) procedures — Directive 2008/52/EC — Directive 2013/11/EU — Article 3(2) — Applications by consumers to set an order aside in the context of payment order proceedings instituted by a credit institution — Right of access to the judicial system — National legislation providing for mandatory recourse to a mediation procedure — Obligation to be assisted by a lawyer — Condition for the admissibility of proceedings before the courts
Request for a preliminary ruling from the Tribunale Ordinario di Verona
Language of the case: Italian
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 16 February 2017
ECLI:EU:C:2017:132 |
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Judgment of the Court (First Chamber) of 14 June 2017
ECLI:EU:C:2017:457 |
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Case C-422/16 Verband Sozialer Wettbewerb v TofuTown.com
Reference for a preliminary ruling — Common organisation of the markets in agricultural products — Regulation (EU) No 1308/2013 — Article 78 and Annex VII, Part III — Decision 2010/791/EU — Definitions, designations and sales descriptions — ‘Milk’ and ‘milk products’ — Designations used for the promotion and marketing of purely plant-based products
Request for a preliminary ruling from the Landgericht Trier
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 14 June 2017
ECLI:EU:C:2017:458 |
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Case C-67/17 Iliev v Ilieva
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 1(2)(a) — Scope — Matters excluded — Rights in property arising out of a matrimonial relationship — Dissolution of the marriage — Liquidation of property acquired during the marriage
Request for a preliminary ruling from the Rayonen sad Varna
Language of the case: Bulgarian
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Order of the Court (Sixth Chamber) of 14 June 2017
ECLI:EU:C:2017:459 |
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Case C-368/15 Proceedings brought by Ilves Jakelu
Reference for a preliminary ruling — Directive 97/67/EC — Article 9 — Freedom to provide services — Postal services — Notions of universal service and essential requirements — General and individual authorisations — Authorisation to provide postal services under individually negotiated contracts — Conditions imposed
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Judgment of the Court (Sixth Chamber) of 15 June 2017
ECLI:EU:C:2017:462 |
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Case C-436/15 Lietuvos Respublikos aplinkos ministerijos v Alytaus regiono atliekų tvarkymo centras
Reference for a preliminary ruling — Protection of the European Union’s financial interests — Regulation (EC, Euratom) No 2988/95 — Article 3(1) — Funding from the Cohesion Fund — Project for the development of a regional waste management system — Irregularities — Concept of ‘multiannual programme’ — Definitive termination of a multiannual programme — Limitation period
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Sharpston delivered on 19 January 2017
ECLI:EU:C:2017:33 |
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Judgment of the Court (Third Chamber) of 15 June 2017
ECLI:EU:C:2017:468 |
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Case C-513/15 Proceedings brought by Agrodetalė
Reference for a preliminary ruling — Internal market — EC type-approval — Directive 2003/37/EC — Scope — Agricultural or forestry tractors — Placement on the market and registration in the European Union of used or second-hand vehicles imported from a third country — Concepts of ‘new vehicle’ and ‘entry into service’
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Bot delivered on 8 February 2017
ECLI:EU:C:2017:98 |
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Judgment of the Court (Fifth Chamber) of 15 June 2017
ECLI:EU:C:2017:473 |
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Case C-587/15 Lietuvos Respublikos transporto priemonių draudikų biuras v Dockevičius and Dockevičienė
Reference for a preliminary ruling — Insurance against civil liability in respect of motor vehicles — Accident occurring in 2006 between vehicles normally based in different Member States — Internal Regulations of the Council of Bureaux of national insurers of the Member States — Lack of jurisdiction of the Court — Directive 2009/103/EC — Not applicable ratione temporis — Directives 72/166/EEC, 84/5/EEC and 2000/26/EC — Not applicable ratione materiae — Article 47 of the Charter of Fundamental Rights of the European Union — Inapplicability — Failure to implement EU law
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Bobek delivered on 23 March 2017
ECLI:EU:C:2017:234 |
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Judgment of the Court (First Chamber) of 15 June 2017
ECLI:EU:C:2017:463 |
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Case C-19/16 P Al-Faqih and Others v Commission
Appeal — Common foreign and security policy (CFSP) — Fight against terrorism — Specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban — Regulation (EC) No 881/2002 — Freezing of funds and economic resources of natural and legal persons included in a list drawn up by the United Nations Sanctions Committee — Re-listing of those persons in Annex I to Regulation No 881/2002 after annulment of the original listing — Disappearance of the legal person in the course of the proceedings — Capacity to be a party to judicial proceedings
Language of the case: English
| Summary |
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Judgment of the Court (Eighth Chamber) of 15 June 2017
ECLI:EU:C:2017:466 |
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Case C-249/16 Kareda v Benkö
Reference for a preliminary ruling — Jurisdiction in civil and commercial matters — Regulation (EU) No 1215/2012 — Article 7(1) — Concepts of ‘matters relating to a contract’ and of a ‘contract for the provision of services’ — Recourse claim between jointly and severally liable debtors under a credit agreement — Determination of the place of performance of the credit agreement
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 26 April 2017
ECLI:EU:C:2017:305 |
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Judgment of the Court (Third Chamber) of 15 June 2017
ECLI:EU:C:2017:472 |
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Case C-349/16 T.KUP v Belgische Staat
Reference for a preliminary ruling — Dumping — Regulation (EC) No 1472/2006 — Imports of certain footwear with uppers of leather originating in China and Vietnam — Validity of Implementing Regulation (EU) No 1294/2009 — Expiry review of anti-dumping measures — Unrelated importers — Sampling — European Union interest
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel
Language of the case: Dutch
| Summary |
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Judgment of the Court (Eighth Chamber) of 15 June 2017
ECLI:EU:C:2017:469 |
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Joined Cases C-444/16 and C-445/16 Immo Chiaradia and Docteur De Bruyne v État belge
References for a preliminary ruling — Directive 78/660/EEC — Annual accounts of certain types of companies — Principle that a true and fair view must be given — Principle that valuation must be made on a prudent basis — Issuing company of a share option recognising the grant date price of the option in the course of the accounting year in which the option is exercised or at the end of its period of validity
References for a preliminary ruling from the Cour d'appel de Mons
Language of the case: French
| Summary |
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Judgment of the Court (Ninth Chamber) of 15 June 2017
ECLI:EU:C:2017:465 |
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Case C-621/15 W and Others v Sanofi Pasteur MSD and Others
Reference for a preliminary ruling — Directive 85/374/EEC — Liability for defective products — Article 4 — Pharmaceutical laboratories — Vaccination against hepatitis B — Multiple sclerosis — Proof of defect of vaccine and of causal link between the defect and the damage suffered — Burden of proof — Methods of proof — Lack of scientific consensus — Serious, specific and consistent evidence left to the discretion of the court ruling on the merits — Whether permissible — Conditions
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Bobek delivered on 7 March 2017
ECLI:EU:C:2017:176 |
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Judgment of the Court (Second Chamber) of 21 June 2017
ECLI:EU:C:2017:484 |
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Case C-9/16 Criminal proceedings against A
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EC) No 562/2006 — Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Articles 20 and 21 — Crossing internal borders — Checks within the territory — National legislation authorising checks to establish the identity of persons apprehended within 30 kilometres of the common border with other States parties to the Convention implementing the Schengen Agreement — Possibility of checks irrespective of the behaviour of the person concerned or of the existence of specific circumstances — National legislation permitting certain controls on persons on the premises of railway stations
Request for a preliminary ruling from the Amtsgericht Kehl
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber) of 21 June 2017
ECLI:EU:C:2017:483 |
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Case C-449/16 Martinez Silva v INPS and Comune di Genova
Reference for a preliminary ruling — Social security — Regulation (EC) No 883/2004 — Article 3 — Family benefits — Directive 2011/98/EU — Article 12 — Right to equal treatment — Third-country nationals holding single permits
Request for a preliminary ruling from the Corte d'appello di Genova
Language of the case: Italian
| Summary |
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Judgment of the Court (Seventh Chamber) of 21 June 2017
ECLI:EU:C:2017:485 |
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Case C-549/15 E.ON Biofor Sverige v Statens energimyndighet
Reference for a preliminary ruling — Promotion of energy from renewable sources — Biofuels for transport — Directive 2009/28/EC — Article 18(1) — ‘Mass balance’ system to ensure that biogas meets the prescribed sustainability criteria — Validity — Articles 34 and 114 TFEU — National rules requiring the mass balance to be achieved within a location with a clear boundary — Practice of the competent national authority to accept that that condition may be satisfied where sustainable biogas is transported using the national gas network — Order of that authority stating that that condition cannot be satisfied where sustainable biogas is imported from other Member States via interconnected national gas networks — Free movement of goods
Request for a preliminary ruling from the Förvaltningsrätten i Linköping
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 18 January 2017
ECLI:EU:C:2017:25 |
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Judgment of the Court (Second Chamber) of 22 June 2017
ECLI:EU:C:2017:490 |
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Case C-20/16 Bechtel v Finanzamt Offenburg
Reference for a preliminary ruling — Freedom of movement of workers — Income received in a Member State other than the Member State of residence — Method of exemption with maintenance of progressivity in the Member State of residence — Pension and health insurance contributions levied on income received in a Member State other than the Member State of residence — Deduction of those contributions — Condition relating to the absence of a direct link with exempted tax revenues
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Tenth Chamber) of 22 June 2017
ECLI:EU:C:2017:488 |
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Case C-49/16 Unibet International v Nemzeti Adó- és Vámhivatal Központi Hivatala
Reference for a preliminary ruling — Freedom to provide services — Restrictions — Conditions for the award of a concession for the organisation of online games of chance — Practical impossibility of obtaining such a licence for private operators established in other Member States
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Szpunar delivered on 5 April 2017
ECLI:EU:C:2017:270 |
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Judgment of the Court (First Chamber) of 22 June 2017
ECLI:EU:C:2017:491 |
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Case C-126/16 Federatie Nederlandse Vakvereniging and Others v Smallsteps
Reference for a preliminary ruling — Directive 2001/23/EC — Articles 3 to 5 — Transfers of undertakings — Safeguarding of employees’ rights — Exceptions — Insolvency proceedings — ‘Pre-pack’ — Survival of an undertaking
Request for a preliminary ruling from the Rechtbank Midden-Nederland
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Mengozzi delivered on 29 March 2017
ECLI:EU:C:2017:241 |
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Judgment of the Court (Third Chamber) of 22 June 2017
ECLI:EU:C:2017:489 |
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Case C-74/16 Congregación de Escuelas Pías Provincia Betania v Ayuntamiento de Getafe
Reference for a preliminary ruling –– State aid –– Article 107(1) TFEU –– Meaning of ‘State aid’ — Meaning of ‘undertaking’ and ‘economic activity’ –– Other conditions for the application of Article 107(1) TFEU –– Article 108(1) and (3) TFEU –– Meaning of ‘new aid’ and ‘existing aid’ –– Agreement of 3 January 1979 between the Kingdom of Spain and the Holy See — Tax on construction, installations and works –– Exemption for buildings belonging to the Catholic Church
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo No 4 de Madrid
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Kokott delivered on 16 February 2017
ECLI:EU:C:2017:135 |
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Judgment of the Court (Grand Chamber) of 27 June 2017
ECLI:EU:C:2017:496 |
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Case C-482/14 Commission v Germany
Failure of a Member State to fulfil obligations — Development of the Community’s railways — Directive 91/440/EEC — Article 6(1) — Deutsche Bahn group — Profit transfer agreement — Prohibition of the transfer of public aid earmarked for the management of railway infrastructure to rail transport services — Accounting obligations — Directive 91/440/EEC — Article 9(4) — Regulation (EC) No 1370/2007 — Article 6(1) — Point 5 of the annex — Accounting obligations — Presentation contract by contract of public aid paid for activities relating to the provision of passenger transport services in respect of public service remits
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 26 May 2016
ECLI:EU:C:2016:368 |
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Judgment of the Court (Third Chamber) of 28 June 2017
ECLI:EU:C:2017:499 |
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Joined Cases C-629/15 P and C-630/15 P Novartis Europharm v Commission
Appeal — Medicinal products for human use — Marketing authorisation — Regulation (EEC) No 2309/93 — Centralised procedure at EU level — Development of a medicinal product that was the subject of a marketing authorisation for other therapeutic indications — Separate marketing authorisation and new trade name — Directive 2001/83/EC — Second subparagraph of Article 6(1) and Article 10(1) — Concept of a ‘global marketing authorisation’ — Regulatory data protection period
Language of the case: English
| Summary |
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Opinion of Advocate General Bobek delivered on 21 December 2016
ECLI:EU:C:2016:1003 |
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Judgment of the Court (Eighth Chamber) of 28 June 2017
ECLI:EU:C:2017:498 |
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Case C-436/16 Leventis and Vafeias v Malcon Navigation and Brave Bulk Transport
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 23 –– Jurisdiction clause — Jurisdiction clause in a contract between two companies — Action for damages — Joint and several liability of representatives of one of those companies for tortious acts — Ability of the representatives to rely upon that clause
Request for a preliminary ruling from the Areios Pagos
Language of the case: Greek
| Summary |
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Judgment of the Court (Seventh Chamber) of 28 June 2017
ECLI:EU:C:2017:497 |
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Case C-126/15 Commission v Portugal
Failure of a Member State to fulfil obligations — Excise duty on cigarettes — Directive 2008/118/EC — Chargeability — Place and time duty falls due — Tax markings — Free movement of goods subject to excise duty — Temporal limit on the marketing and sale of packets of cigarettes — Principle of proportionality
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Kokott delivered on 27 October 2016
ECLI:EU:C:2016:822 |
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Judgment of the Court (Fifth Chamber) of 29 June 2017
ECLI:EU:C:2017:504 |
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Case C-579/15 Popławski
Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and surrender procedures between Member States — Grounds for optional non-execution — Article 4(6) — Member State’s undertaking to enforce the sentence in accordance with its domestic law — Implementation — Obligation to interpret in conformity with EU law
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bot delivered on 15 February 2017
ECLI:EU:C:2017:116 |
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Judgment of the Court (Fifth Chamber) of 29 June 2017
ECLI:EU:C:2017:503 |
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Case C-288/16 L.Č. v Valsts ieņēmumu dienests
Reference for a preliminary ruling — Directive 2006/112/EC — Value added tax (VAT) — Article 146(1)(e) — Exemptions on exportation — Supply of services directly connected with the exportation or the importation of goods — Meaning
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
| Summary |
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Judgment of the Court (First Chamber) of 29 June 2017
ECLI:EU:C:2017:502 |
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Information (on unpublished decisions)
Case C-10/17 P Polo Club v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Opposition proceedings — Figurative mark containing the word elements “POLO CLUB SAINT-TROPEZ HARAS DE GASSIN” — Rejection in part of the opposition
Case C-50/17 P Universidad Internacional de la Rioja v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of a figurative mark containing the word elements “UNIVERSIDAD INTERNACIONAL DE LA RIOJA uniR” — Rejection of the application for registration
Case C-411/16 P Holistic Innovation Institute v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Research projects financed by the European Union — Seventh Framework programme for research and technological development (2007-2013) — Project eDIGIREGION — Decision of the European Commission to refuse the applicant’s participation — Action for annulment and a declaration of liability
Case C-687/16 P Capella v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word mark ELGO — Rejection of the application for registration
Case C-86/17 P Redpur v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word mark Redpur — Rejection of the application for registration
Case C-110/16 Lg Costruzioni v Area – Azienda Regionale per l’Edilizia Abitativa
Reference for a preliminary ruling — Public works contract — Directive 2004/18/EC — Article 7 — Evaluation and determination of the technical capacities of the economic operators — Article 53(2) of the Rules of Procedure of the Court — Manifest inadmissibility
Case C-296/16 P Dextro Energy v Commission
Appeal — Consumer protection — Regulation (EC) No 1924/2006 — Health claims made on foods, other than those referring to the reduction of disease risk and to children’s development and health — Dismissal of the application to include certain claims despite the positive advice of the European Food Safety Authority (EFSA)
Case C-279/16 P Spain v Commission
Appeal — Action for annulment — EAGGF, EAGF and EAFRD — Expenditure excluded from EU financing — Expenditure incurred by the Kingdom of Spain
Case C-23/17 P For Tune v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the figurative mark including the word element ‘fortune’ — Rejection in part of the application for registration
Case C-662/16 P Laboratoire de la mer v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word mark RESPIMER — Likelihood of confusion — Rejection of the application for registration
Joined Cases C-556/15 and C-22/16 Fondul Proprietatea v Complexul Energetic Oltenia and SC Hidroelectrica
References for a preliminary ruling — Articles 53(2) and 94 of the Rules of Procedure of the Court of Justice — State aid — Participation of a company with a majority public shareholding in an increase in the share capital of a company in which the State is the sole shareholder or in the capital formation for a State-owned commercial company — Questions of a hypothetical nature — Insufficient information regarding the factual context — Manifest inadmissibility
July 2017
Case C-190/16 Fries v Lufthansa CityLine
Reference for a preliminary ruling — Air transport — Regulation (EU) No 1178/2011 — Annex I, point FCL.065(b) — Holders of a pilot’s licence who have attained the age of 65 prohibited from acting as pilots of aircraft engaged in commercial air transport — Validity — Charter of Fundamental Rights of the European Union — Article 15 — Freedom of occupation — Article 21 — Equal treatment — Discrimination on grounds of age — Commercial air transport — Concept
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 21 March 2017
ECLI:EU:C:2017:225 |
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Judgment of the Court (First Chamber) of 5 July 2017
ECLI:EU:C:2017:513 |
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Case C-139/16 Moreno Marín and Others v Abadía Retuerta
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 3(1)(c) — National word mark La Milla de Oro — Grounds for refusal of registration or invalidity — Signs indicating geographical origin
Request for a preliminary ruling from the Audiencia Provincial de Burgos
Language of the case: Spanish
| Summary |
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Judgment of the Court (Tenth Chamber) of 6 July 2017
ECLI:EU:C:2017:518 |
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Case C-180/16 P Toshiba Corporation v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Market in gas insulated switchgear projects — Decision taken by the European Commission following annulment in part of the initial decision by the General Court of the European Union — Amendment of fines — Rights of the defence — No adoption of a new statement of objections — Equal treatment — Joint venture — Calculation of the starting amount — Extent of contribution to the infringement — Res judicata
Language of the case: English
| Summary |
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Opinion of Advocate General Tanchev delivered on 26 April 2017
ECLI:EU:C:2017:299 |
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Rectification order of 12 July 2017
ECLI:EU:C:2017:559 |
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Judgment of the Court (Seventh Chamber) of 6 July 2017
ECLI:EU:C:2017:520 |
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Case C-245/16 Nerea v Regione Marche
Reference for a preliminary ruling — State aid — Regulation (EC) No 800/2008 — General exemption by category — Scope — Article 1(6)(c) — Article 1(7)( c) — Concept of ‘undertaking in difficulty’ — Concept of ‘collective insolvency proceedings’ — Company granted State aid under a regional operational programme of the European Regional Development Fund (ERDF) subsequently admitted to an arrangement with creditors as a going concern — Withdrawal of the aid — Obligation to reimburse the advance paid
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per le Marche
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 5 April 2017
ECLI:EU:C:2017:271 |
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Judgment of the Court (Third Chamber) of 6 July 2017
ECLI:EU:C:2017:521 |
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Case C-254/16 Glencore Agriculture Hungary v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 183 — Principle of fiscal neutrality — Deduction of input tax — Refund of overpaid VAT — Investigation procedure — Fine imposed on the taxable person in the course of such a procedure — Extension of the period within which the refund must be made — Exclusion of payment of default interest
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Seventh Chamber) of 6 July 2017
ECLI:EU:C:2017:522 |
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Case C-290/16 Air Berlin v Bundesverband der Verbraucherzentralen und Verbraucherverbände
Reference for a preliminary ruling — Transport — Common rules for the operation of air services in the European Union — Regulation (EC) No 1008/2008 — Provisions on pricing — Article 22(1) — Article 23(1) — Information required on presentation of fares and rates available to the general public — Obligation to indicate the actual sum of taxes, charges, surcharges or fees — Pricing freedom — Invoicing of handling fees in the event of cancellation of a flight booking by a passenger or failure to present for boarding — Consumer protection
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Fourth Chamber) of 6 July 2017
ECLI:EU:C:2017:523 |
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Case C-392/16 Marcu v ANAF and Direcţia Generală Regională a Finanţelor Publice Bucureşti
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 199(1)(c) — No VAT registration — Reverse charge — Hypothetical nature of the question referred — Inadmissibility of the question referred
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
| Summary |
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Judgment of the Court (Ninth Chamber) of 6 July 2017
ECLI:EU:C:2017:519 |
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Case C-505/16 P Yanukovych v Council
Appeal — Article 181 of the Rules of Procedure of the Court — Restrictive measures taken having regard to the situation in Ukraine — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the applicant’s name — Modification of the form of order sought — Statement submitted in the name and on behalf of the deceased applicant
Language of the case: English
| Summary |
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Order of the Court (Eighth Chamber) of 6 July 2017
ECLI:EU:C:2017:525 |
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Case C-60/15 P Saint-Gobain Glass Deutschland v Commission
Appeal — Right of access to documents held by EU institutions — Regulation (EC) No 1049/2001 — Exceptions to the right of access — Article 4(3), first subparagraph — Protection of the decision-making process of those institutions — Environment — Aarhus Convention — Regulation (EC) No 1367/2006 — Article 6(1) — Public interest in the disclosure of environmental information — Information communicated by the German authorities to the European Commission pertaining to installations situated on German territory and concerned by the Union legislation on the scheme for greenhouse gas emission allowance trading — Partial refusal of access
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 19 October 2016
ECLI:EU:C:2016:778 |
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Judgment of the Court (Fifth Chamber) of 13 July 2017
ECLI:EU:C:2017:540 |
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Case C-633/15 London Borough of Ealing v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Exemptions of supplies of services closely linked to sport — Article 133 — Exclusion of the exemption in the event of a risk of distortion of competition to the disadvantage of commercial enterprises subject to VAT — Services supplied by non-profit making organisations governed by public law
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 21 December 2016
ECLI:EU:C:2016:999 |
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Judgment of the Court (Fourth Chamber) of 13 July 2017
ECLI:EU:C:2017:544 |
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Case C-651/15 P VECCO and Others v Commission
Appeal — Regulation (EC) No 1907/2006 (REACH) — Article 58(2) — Authorisation — Substances of very high concern — Exemption — Regulation amending Annex XIV to Regulation (EC) No 1907/2006 — Inclusion of chromium trioxide in the list of substances subject to authorisation
Language of the case: English
| Summary |
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Judgment of the Court (Sixth Chamber) of 13 July 2017
ECLI:EU:C:2017:543 |
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Case C-701/15 Malpensa Logistica Europa v SEA
Reference for a preliminary ruling — Public procurement — Transport — Definition of ‘exploitation of a geographical area for the purpose of the provisions of airports or other terminal facilities to carriers by air’ — Directives 2004/17/EC and 96/67/EC — National legislation which does not require a tendering procedure to be conducted prior to the allocation of areas within an airport
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 3 May 2017
ECLI:EU:C:2017:332 |
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Judgment of the Court (Ninth Chamber) of 13 July 2017
ECLI:EU:C:2017:545 |
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Case C-76/16 INGSTEEL and Metrostav v Úrad pre verejné obstarávanie
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Article 47(1), (4) and (5) — Economic and financial standing of the tenderer — Directives 89/665/EEC and 2007/66/EC — Judicial review of a decision to exclude a tenderer from a tendering procedure — Charter of Fundamental Rights of the European Union — Article 47 — Right to an effective remedy
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 21 March 2017
ECLI:EU:C:2017:226 |
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Judgment of the Court (Second Chamber) of 13 July 2017
ECLI:EU:C:2017:549 |
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Case C-89/16 Szoja v Sociálna poisťovňa and WEBUNG
Reference for a preliminary ruling — Application of social security schemes — Migrant workers — Person pursuing an activity as an employed person and an activity as a self-employed person in two different Member States — Determination of the applicable legislation — Regulation (EC) No 883/2004 — Article 13(3) — Regulation (EC) No 987/2009 — Article 14(5b) — Article 16 — Effects of the decisions of the Administrative Commission for the coordination of social security systems — Inadmissibility
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
| Summary |
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Judgment of the Court (Third Chamber) of 13 July 2017
ECLI:EU:C:2017:538 |
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Case C-129/16 Túrkevei Tejtermelő Kft. v Országos Környezetvédelmi és Természetvédelmi Főfelügyelőség
Reference for a preliminary ruling — Environment — Articles 191 and 193 TFEU — Directive 2004/35/EC — Applicability ratione materiae — Air pollution caused by illegal waste incineration — Polluter-pays principle — National legislation establishing joint liability between the owner of the land on which the pollution occurred and the polluter
Request for a preliminary ruling from the Szolnoki Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Kokott delivered on 16 February 2017
ECLI:EU:C:2017:136 |
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Judgment of the Court (Second Chamber) of 13 July 2017
ECLI:EU:C:2017:547 |
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Case C-133/16 Ferenschild v JPC Motor
Reference for a preliminary ruling — Sale of consumer goods and associated guarantees — Directive 1999/44/EC — Article 5(1) — Period of liability of the seller — Limitation period — Second subparagraph of Article 7(1) — Second-hand goods — Contractual reduction of the seller’s liability
Request for a preliminary ruling from the cour d'appel de Mons
Language of the case: French
| Summary |
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Opinion of Advocate General Szpunar delivered on 6 April 2017
ECLI:EU:C:2017:284 |
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Judgment of the Court (Fifth Chamber) of 13 July 2017
ECLI:EU:C:2017:541 |
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Case C-151/16 Vakarų Baltijos laivų statykla v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling — Directive 2003/96/EC — Taxation of energy products and electricity — Article 14(1)(c) — Exemption of energy products used as fuel for the purpose of navigation within European Union waters and to produce electricity on board a craft — Fuel used by a ship to sail from the place where it was built to the port of another Member State for the purpose of taking on its first commercial cargo
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Kokott delivered on 2 March 2017
ECLI:EU:C:2017:159 |
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Judgment of the Court (First Chamber) of 13 July 2017
ECLI:EU:C:2017:537 |
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Case C-193/16 E v Subdelegación del Gobierno en Álava
Reference for a preliminary ruling — Citizenship of the Union — Right to move and reside freely in the territory of the Member States — Directive 2004/38/EC — The second subparagraph of Article 27(2) — Restrictions on the right of entry and the right of residence on grounds of public policy, public security or public health — Expulsion from the territory for reasons of public policy or public security — Conduct representing a sufficiently serious present and genuine threat for a fundamental interest of society — Present and genuine threat — Concept — Union citizen residing in the host Member State where he is serving a prison sentence for repeated child sexual abuse offences
Request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco
Language of the case: Spanish
| Summary |
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Judgment of the Court (Third Chamber) of 13 July 2017
ECLI:EU:C:2017:542 |
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Case C-354/16 Kleinsteuber v Mars
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Articles 1, 2 and 6 — Equal treatment — Prohibition of any discrimination on grounds of sex — Occupational pension — Directive 97/81/EC — Framework Agreement on part-time work — Clause 4.1 and 4.2 — Method for calculating acquired pension rights — Legislation of a Member State — Different treatment of part-time workers
Request for a preliminary ruling from the Arbeitsgericht Verden
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber) of 13 July 2017
ECLI:EU:C:2017:539 |
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Case C-368/16 Assens Havn v Navigators Management
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Jurisdiction in insurance matters — National legislation providing, on certain conditions, for an injured person’s right to bring legal proceedings directly against the insurer of the person responsible for an accident — Agreement on jurisdiction concluded between the insurer and the party which caused the damage
Request for a preliminary ruling from the Højesteret
Language of the case: Danish
| Summary |
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Judgment of the Court (Eighth Chamber) of 13 July 2017
ECLI:EU:C:2017:546 |
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Case C-433/16 Bayerische Motoren Werke v Acacia
Reference for a preliminary ruling — Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001 — Intellectual property — Community designs — Regulation (EC) No 6/2002 — Articles 81 and 82 — Action for a declaration of non-infringement — Jurisdiction of Community design courts of the Member State where the defendant is domiciled
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Judgment of the Court (Second Chamber) of 13 July 2017
ECLI:EU:C:2017:550 |
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Case C-213/15 P Commission v Breyer
Appeal — Access to documents of the institutions — Article 15(3) TFEU — Regulation (EC) No 1049/2001 — Scope — Application for access to written submissions filed by the Republic of Austria in the case in which judgment was given on 29 July 2010, Commission v Austria (C‑189/09, not published, EU:C:2010:455) — Documents in the possession of the European Commission — Protection of court proceedings
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 21 December 2016
ECLI:EU:C:2016:994 |
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Judgment of the Court (Grand Chamber) of 18 July 2017
ECLI:EU:C:2017:563 |
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Case C-566/15 Erzberger v TUI
Reference for a preliminary ruling — Free movement of workers — Principle of non-discrimination — Election of workers’ representatives to the supervisory board of a company — National legislation restricting the right to vote and to stand as a candidate to employees of establishments located in the national territory
Request for a preliminary ruling from the Kammergericht Berlin
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 4 May 2017
ECLI:EU:C:2017:347 |
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Judgment of the Court (Grand Chamber) of 18 July 2017
ECLI:EU:C:2017:562 |
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Case C-143/16 Abercrombie & Fitch Italia v Bordonaro
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(1) — Article 2(2)(a) — Article 6(1) — Age discrimination — On-call employment contract which may be concluded with persons under 25 years of age — Automatic termination of the employment contract when the worker reaches 25 years of age
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Opinion of Advocate General Bobek delivered on 23 March 2017
ECLI:EU:C:2017:235 |
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Judgment of the Court (First Chamber) of 19 July 2017
ECLI:EU:C:2017:566 |
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Case C-93/16 Ornua v Tindale & Stanton
Reference for a preliminary ruling — Intellectual property — EU trade mark — Unitary character — Regulation (EC) No 207/2009 — Article 9(1)(b) and (c) — Uniform protection of the right conferred by an EU trade mark against the likelihood of confusion and detriment to reputation — Peaceful coexistence of that mark with a national mark used by a third party in part of the European Union — Absence of peaceful coexistence elsewhere in the European Union — Perception of the average consumer — Differences of perception may exist in different parts of the European Union
Request for a preliminary ruling from the Audiencia Provincial de Alicante
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Szpunar delivered on 29 March 2017
ECLI:EU:C:2017:240 |
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Judgment of the Court (Second Chamber) of 20 July 2017
ECLI:EU:C:2017:571 |
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Case C-206/16 Marco Tronchetti Provera and Others v Consob
Reference for a preliminary ruling — Company law — Directive 2004/25/EC — Takeover bids — Second paragraph of Article 5(4) — Possibility of changing the price of the offer in specific circumstances and according to clearly determined circumstances and criteria — National law providing an option for the supervisory authority to increase the price of a takeover bid in the event of collusion between the offeror or the persons acting in concert with it and one or more sellers)
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wahl delivered on 15 March 2017
ECLI:EU:C:2017:212 |
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Judgment of the Court (Third Chamber) of 20 July 2017
ECLI:EU:C:2017:572 |
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Case C-287/16 Fidelidade-Companhia de Seguros v Caisse Suisse de Compensation and Others
Reference for a preliminary ruling — Insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC — Article 3(1) — Second Directive 84/5/EEC — Article 2(1) — Insurance contract concluded on the basis of false statements concerning the ownership of the vehicle and the identity of its usual driver — Policyholder — No economic interest in the conclusion of that contract — Insurance contract null and void — Whether that nullity may be invoked against third-party victims
Request for a preliminary ruling from the Supremo Tribunal de Justiça
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Sixth Chamber) of 20 July 2017
ECLI:EU:C:2017:575 |
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Case C-340/16 KABEG v MMA IARD
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 9(1) — Article 11(2) — Jurisdiction in matters relating to insurance — Direct action by the injured party against the insurer — Action brought by the employer, a public-law institution, statutory assignee of the rights of its employee, against the insurer of the vehicle involved — Subrogation)
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 18 May 2017
ECLI:EU:C:2017:396 |
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Judgment of the Court (Third Chamber) of 20 July 2017
ECLI:EU:C:2017:576 |
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Case C-357/16 Gelvora v Valstybinė vartotojų teisių apsaugos tarnyba
Reference for a preliminary ruling — Unfair commercial practices — Directive 2005/29/EC — Scope — Debt collection agency — Consumer credit — Assignment of debt — Nature of the legal relationship between the agency and the debtor — Article 2(c) — Concept of ‘product’ — Recovery measures taken in parallel to the intervention of a bailiff
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
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Judgment of the Court (Tenth Chamber) of 20 July 2017
ECLI:EU:C:2017:573 |
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Case C-416/16 Piscarreta Ricardo v Portimão Urbis and Others
Reference for a preliminary ruling — Directive 2001/23 — Article 1(1)(b) –– Article 2(1)(d) –– Transfer of undertakings –– Safeguarding of employees’ rights — Scope — Concepts of ‘employees’ and ‘transfer of a business’
Request for a preliminary ruling from the Tribunal Judicial da Comarca de Faro
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Eighth Chamber) of 20 July 2017
ECLI:EU:C:2017:574 |
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Case C-599/14 P Council v LTTE
Appeal — Common foreign and security policy — Fight against terrorism — Restrictive measures against certain persons and entities — Freezing of funds — Common Position 2001/931/CFSP — Article 1(4) and (6) — Regulation (EC) No 2580/2001 — Article 2(3) — Retention of an organisation on the list of persons, groups and entities involved in terrorist acts — Conditions — Factual basis of the decisions to freeze funds — Decision taken by a competent authority — Obligation to state reasons
Language of the case: English
| Summary |
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Opinion of Advocate General Sharpston delivered on 22 September 2016
ECLI:EU:C:2016:723 |
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Judgment of the Court (Grand Chamber) of 26 July 2017
ECLI:EU:C:2017:583 |
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Case Opinion 1/15 Opinion pursuant to Article 218(11) TFEU
Opinion pursuant to Article 218(11) TFEU — Draft agreement between Canada and the European Union — Transfer of Passenger Name Record data from the European Union to Canada — Appropriate legal bases — Article 16(2), point (d) of the second subparagraph of Article 82(1) and Article 87(2)(a) TFEU — Compatibility with Articles 7 and 8 and Article 52(1) of the Charter of Fundamental Rights of the European Union
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 8 September 2016
ECLI:EU:C:2016:656 |
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Opinion of the Court (Grand Chamber) of 26 July 2017
ECLI:EU:C:2017:592 |
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Case C-79/15 P Council v Hamas
Appeal — Common foreign and security policy — Fight against terrorism — Restrictive measures against certain persons and entities — Freezing of funds — Common Position 2001/931/CFSP — Article 1(4) and (6) — Regulation (EC) No 2580/2001 — Article 2(3) — Retention of an organisation on the list of persons, groups and entities involved in terrorist acts — Conditions — Factual basis of the decisions to freeze funds — Decision taken by a competent authority — Obligation to state reasons
Language of the case: French
| Summary |
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Opinion of Advocate General Sharpston delivered on 22 September 2016
ECLI:EU:C:2016:722 |
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Judgment of the Court (Grand Chamber) of 26 July 2017
ECLI:EU:C:2017:584 |
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Case C-560/15 Europa Way and Persidera v Autorità per le Garanzie nelle Comunicazioni and Others
Reference for a preliminary ruling — Electronic communications networks and services — Telecommunication services — Directives 2002/20/EC, 2002/21/EC and 2002/77/EC — Allocation of the rights to use digital terrestrial broadcasting radio frequencies for radio and television — Annulment of a free of charge on-going selection procedure (‘beauty contest’) and substitution of a fee-based auction for that procedure — Intervention of the national legislature — Independence of the national regulatory authorities — Prior consultation — Award criteria — Legitimate expectations
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Kokott delivered on 30 March 2017
ECLI:EU:C:2017:251 |
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Judgment of the Court (Fourth Chamber) of 26 July 2017
ECLI:EU:C:2017:593 |
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Case C-670/15 Proceedings brought by Šalplachta
Reference for a preliminary ruling — Area of freedom, security and justice — Access to justice in cross-border disputes — Directive 2003/8/EC — Minimum common rules relating to legal aid granted for such disputes — Scope — Legislation of a Member State providing that the costs of translation of the supporting documents necessary for the processing of a legal aid application are not reimbursable
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 1 February 2017
ECLI:EU:C:2017:78 |
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Judgment of the Court (Fifth Chamber) of 26 July 2017
ECLI:EU:C:2017:594 |
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Case C-696/15 P Czech Republic v Commission
Appeal — Transport — Directive 2010/40/EU — Deployment of Intelligent Transport Systems in the field of road transport — Article 7 — Delegation of power to the European Commission — Limits — Delegated Regulation (EU) No 885/2013 — Provision of information services for safe and secure parking places for trucks and commercial vehicles — Delegated Regulation (EU) No 886/2013 — Data and procedures for the provision of road safety-related minimum universal traffic information free of charge to users — Article 290 TFEU — Explicit definition of the objectives, content, scope and duration of the delegation of power — Essential element of the matter in question — Establishment of a supervisory body
Language of the case: Czech
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 21 December 2016
ECLI:EU:C:2016:997 |
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Judgment of the Court (Fourth Chamber) of 26 July 2017
ECLI:EU:C:2017:595 |
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Case C-80/16 ArcelorMittal Atlantique et Lorraine v Ministre de l’Écologie, du Développement durable et de lʼÉnergie
Reference for a preliminary ruling — Environment — Directive 2003/87/EC — Article 10a(1) — EU greenhouse gas emission allowance trading scheme — Free allocation of allowances — Decision 2011/278/EU — Validity — Principle of sound administration — Determination of the product benchmark for hot metal — Use of data in the ‘BREF’ for iron and steel production and guidelines for establishing benchmarks for hot metal — Meaning of ‘similar products’ — Reference installations — Obligation to state reasons
Request for a preliminary ruling from the Tribunal administratif de Montreuil
Language of the case: French
| Summary |
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Opinion of Advocate General Wahl delivered on 9 March 2017
ECLI:EU:C:2017:192 |
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Judgment of the Court (First Chamber) of 26 July 2017
ECLI:EU:C:2017:588 |
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Case C-112/16 Persidera v Autorità per le Garanzie nelle Comunicazioni and Ministero dello Sviluppo Economico delle Infrastrutture e dei Trasporti
Reference for a preliminary ruling — Electronic communications — Telecommunication services — Directives 2002/20/EC, 2002/21/EC and 2002/77/EC — Equal treatment — Determination of the number of digital radio frequencies to be granted to each operator which already has analogue radio frequencies — Taking into consideration analogue radio frequencies used unlawfully — Correspondence between the number of analogue radio frequencies held and the number of digital radio frequencies obtained
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Kokott delivered on 30 March 2017
ECLI:EU:C:2017:250 |
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Judgment of the Court (Fourth Chamber) of 26 July 2017
ECLI:EU:C:2017:597 |
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Case C-175/16 Hälvä and Others v SOS-Lapsikylä
Reference for a preliminary ruling — Directive 2003/88/EC — Article 17 — Protection of the safety and health of workers — Organisation of working time — Additional payments — Child protection association — ‘Children’s village parents’ — Temporary absence of ‘foster parents’ — Workers employed as ‘relief parents’ — Definition
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Wathelet delivered on 6 April 2017
ECLI:EU:C:2017:285 |
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Judgment of the Court (Fourth Chamber) of 26 July 2017
ECLI:EU:C:2017:617 |
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Joined Cases C-196/16 and C-197/16 Comune di Corridonia and Others v Provincia di Macerata and Provincia di Macerata Settore 10 – Ambiente
References for a preliminary ruling — Environment — Directive 85/337/EEC — Directive 2011/92/EU — Possibility of carrying out, a posteriori, an environmental impact assessment of an operational plant for the production of energy from biogas with a view to obtaining a new consent
Requests for a preliminary ruling from the Tribunale amministrativo regionale per le Marche
Language of the case: Italian
| Summary |
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Opinion of Advocate General Kokott delivered on 30 March 2017
ECLI:EU:C:2017:249 |
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Judgment of the Court (First Chamber) of 26 July 2017
ECLI:EU:C:2017:589 |
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Case C-225/16 Criminal proceedings against Ouhrami
Reference for a preliminary ruling — Area of freedom, security and justice — Return of illegally staying third-country nationals — Directive 2008/115/EC — Article 11(2) — Decision to impose an entry ban taken before that directive entered into force and relating to a longer period than that provided for by the directive — Time from which the period of the entry ban starts to run
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 18 May 2017
ECLI:EU:C:2017:398 |
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Judgment of the Court (Second Chamber) of 26 July 2017
ECLI:EU:C:2017:590 |
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Case C-348/16 Sacko v Commissione Territoriale per il riconoscimento della Protezione internazionale di Milano
Reference for a preliminary ruling — Asylum policy — Directive 2013/32/EU — Articles 12, 14, 31 and 46 — Charter of Fundamental Rights of the European Union — Article 47 — Right to effective judicial protection — Appeal against a decision refusing an application for international protection — Whether it is possible for the court to adjudicate without hearing the applicant
Request for a preliminary ruling from the Tribunale di Milano
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 6 April 2017
ECLI:EU:C:2017:288 |
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Judgment of the Court (Second Chamber) of 26 July 2017
ECLI:EU:C:2017:591 |
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Case C-386/16 Toridas v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 138(1) — Classification of a transaction as an intra-Community supply — Exemption of intra-Community supplies of goods — Intention of the person acquiring the goods to resell them to a taxable person in another Member State before they are taken out of the first Member State — Possible effect of some of the goods being processed before they are dispatched)
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
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Judgment of the Court (Ninth Chamber) of 26 July 2017
ECLI:EU:C:2017:599 |
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Case C-490/16 A.S. v Slovenia
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national — Arrival of an exceptionally large number of third-country nationals wishing to obtain international protection — Organisation by the authorities of a Member State of the crossing of the border for the purpose of transit to another Member State — Entry authorised by way of derogation for humanitarian reasons — Article 13 — Irregular crossing of an external border — Period of 12 months from the crossing of the border — Article 27 — Remedy — Scope of judicial review — Article 29 — Period of six months for the purpose of effecting the transfer — Running of the periods — Use of an appeal — Suspensory effect
Request for a preliminary ruling from the Vrhovno sodišče
Language of the case: Slovenian
| Summary |
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Opinion of Advocate General Sharpston delivered on 8 June 2017
ECLI:EU:C:2017:443 |
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Judgment of the Court (Grand Chamber) of 26 July 2017
ECLI:EU:C:2017:585 |
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Case C-519/16 Superfoz - Supermercados v Fazenda Pública
Reference for a preliminary ruling — Approximation of laws — Regulation (EC) No 882/2004 — Official controls of feed and food — Funding of official controls — Articles 26 and 27 — General taxation — Fees or charges — Charge on retail food outlets
Request for a preliminary ruling from the Tribunal Administrativo e Fiscal de Coimbra
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Ninth Chamber) of 26 July 2017
ECLI:EU:C:2017:601 |
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Case C-646/16 Proceedings brought by Jafari and Jafari
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national — Arrival of an unusually large number of third-country nationals seeking international protection — Organisation of border crossing by the authorities of one Member State for the purpose of transit to another Member State — Entry authorised by way of derogation on humanitarian grounds — Article 2(m) — Definition of a ‘visa’ — Article 12 — Issuing of a visa — Article 13 — Irregular crossing of an external border
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 8 June 2017
ECLI:EU:C:2017:443 |
|
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Judgment of the Court (Grand Chamber) of 26 July 2017
ECLI:EU:C:2017:586 |
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Case C-670/16 Mengesteab v Bundesrepublik Deutschland
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an application for international protection made in one of the Member States by a third-country national — Article 20 — Start of the determination process — Lodging an application for international protection — Report prepared by the authorities that reached the competent authorities — Article 21(1) — Time limits for making a take charge request — Transfer of responsibility to another Member State — Article 27 — Remedy — Scope of judicial review
Request for a preliminary ruling from the Verwaltungsgericht Minden
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 20 June 2017
ECLI:EU:C:2017:480 |
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Judgment of the Court (Grand Chamber) of 26 July 2017
ECLI:EU:C:2017:587 |
|
Information (on unpublished decisions)
Case C-87/17 P CBA Spielapparate- und Restaurantbetriebs v Court of Justice of the European Union
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for damages — Alleged non-compliance with EU law of the Austrian legislation in respect of gambling contributions — Failure, by the national courts or tribunals, to refer the matter to the Court for a preliminary ruling — Manifest lack of jurisdiction of the EU judicature
Case C-189/17 P(R) Gollnisch v Parliament
Appeal — Order for interim measures — European Parliament — Rules governing the payment of expenses and allowances to Members of the European Parliament — Recovery of allowances paid by way of reimbursement of parliamentary assistance expenses — Urgency
Case C-231/17 P Vatseva v European Court of Human Rights
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — General Court of the European Union’s lack of jurisdiction over an action to annul a decision of the European Court of Human Rights
Case C-388/16 Commission v Spain
Failure of a Member State to fulfil obligations — Judgment of the Court establishing a failure to fulfil obligations — Non-execution — Article 260(2) TFEU — Pecuniary penalties — Lump sum
Case C-35/17 Saferoad Grawil and Saferoad Kabex v Generalna Dyrekcja Dróg Krajowych i Autostrad Oddział w Poznaniu
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Public procurement — Principles of awarding contracts — Equal treatment of tenderers — Duration of validity of the tender and of the deposit — Extension not explicitly provided for — Exclusion from the tender procedure
Case C-261/17 P Ccc Event Management v Court of Justice of the European Union
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Actions for damages — Alleged non-compliance with EU law of the Austrian legislation in respect of gambling contributions — Failure, by the national courts or tribunals, to refer the matter to the Court for a preliminary ruling — Manifest lack of jurisdiction of the EU judicature
Case C-663/16 P Lysoform Dr. Hans Rosemann and Ecolab Deutschland v ECHA
Appeal — Article 181 of the Rules of Procedure of the Court of Justice –– Regulation (EU) No 528/2012 — Making available on the market and use of biocidal products — Article 95 — European Chemicals Agency (ECHA) — Publication of a list of active substances — Inclusion of a company as a supplier of an active substance
Case C-666/16 P Lysoform Dr. Hans Rosemann and Ecolab Deutschland v ECHA
Appeal — Article 181 of the Rules of Procedure of the Court of Justice –– Regulation (EU) No 528/2012 — Making available on the market and use of biocidal products — Article 95 — European Chemicals Agency (ECHA) — Publication of a list of active substances — Inclusion of a company as a supplier of an active substance
Case C-517/15 P AGC Glass Europe and Others v Commission
Appeal — Competition — Articles 101 TFEU and 102 TFEU — Regulation (EC) No 1/2003 — Article 30 — Decision of the European Commission finding an unlawful cartel on the European market for automotive glass — Publication of a non-confidential version of that decision — Rejection of a request for confidential treatment of certain information — Terms of reference of the hearing officer — Decision 2011/695/EU — Article 8 — Confidentiality — Information from a leniency application — Partial rejection of the request for confidential treatment — Legitimate expectations — Equal treatment
Case C-84/16 P Continental Reifen Deutschland v Compagnie générale des établissements Michelin
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Figurative mark including the word element ‘XKING’ — Opposition by the proprietor of national marks and an international registration including the word element ‘X’ — Rejection of opposition by the Board of Appeal — Likelihood of confusion — Distortion of the evidence
Case C-182/16 P Meica v EUIPO
Appeal — EU trade mark — Figurative trade mark containing the word element ‘STICK MiniMINI Beretta’ — Opposition by the proprietor of the EU word mark Mini Wini — Rejection of the opposition by the Board of Appeal of the European Union Intellectual Property Office (EUIPO) — Regulation (EC) No 207/2009 — Article 8(1)(b) –– Likelihood of confusion — Level of attention of the relevant public — Independent distinctive role — Dominance — Criteria for assessing visual similarity — Obligation to state reasons
Case C-471/16 P Staatliche Porzellan-Manufaktur Meissen v EUIPO
Appeal — EU trade mark — Opposition proceedings — Application for registration of the figurative mark including the word element ‘meissen’ — Rejection of the opposition — Evidence presented for the first time — Distortion — Genuine use of the earlier trade marks — Regulation (EC) No 207/2009 — Article 7(3)– Article 8(5) — Link between the trade marks to be compared)
August 2017
Case C-270/17 PPU Tupikas
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Surrender procedures between Member States — Conditions for execution — Reasons for optional non-execution — Article 4a(1) introduced by Framework Decision 2009/299/JHA — Arrest warrant issued for the purpose of executing a custodial sentence or a detention order — ‘Trial resulting in the decision’ — Person concerned having appeared in person at first instance — Appeal proceedings involving a re-examination of the substance of the case — Arrest warrant providing no information making it possible to check whether the rights of the defence of the person convicted were upheld during the appeal proceedings
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
| Summary |
|
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Opinion of Advocate General Bobek delivered on 26 July 2017
ECLI:EU:C:2017:609 |
|
|
Judgment of the Court (Fifth Chamber) of 10 August 2017
ECLI:EU:C:2017:628 |
|
Case C-271/17 PPU Zdziaszek
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Surrender procedures between Member States — Conditions for execution — Grounds for optional non-execution — Article 4a(1) of Framework Decision 2009/299/JHA — Arrest warrant issued for the purpose of executing a custodial sentence or a detention order — ‘Trial resulting in the decision’ — Legal proceedings amending or combining a sentence passed previously — Decision handing down a cumulative sentence — Decision handed down without the person concerned having appeared in person — Person convicted not having appeared in person at the trial in the context of his initial conviction, either at first instance or on appeal — Person represented by a legal counsellor in the appeal proceedings — Arrest warrant not providing any information in that regard — Consequences for the executing judicial authority
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
| Summary |
|
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Opinion of Advocate General Bobek delivered on 26 July 2017
ECLI:EU:C:2017:612 |
|
|
Judgment of the Court (Fifth Chamber) of 10 August 2017
ECLI:EU:C:2017:629 |
|
September 2017
Case C-413/14 P Intel v Commission
Appeal — Article 102 TFEU — Abuse of a dominant position — Loyalty rebates –– Commission’s jurisdiction — Regulation (EC) No 1/2003 — Article 19
Language of the case: English
| Summary |
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Opinion of Advocate General Wahl delivered on 20 October 2016
ECLI:EU:C:2016:788 |
|
|
Rectification order of 19 September 2017
ECLI:EU:C:2017:700 |
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Rectification order of 24 October 2017
ECLI:EU:C:2017:808 |
|
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Judgment of the Court (Grand Chamber) of 6 September 2017
ECLI:EU:C:2017:632 |
|
Case C-473/15 Peter Schotthöfer & Florian Steiner v Adelsmayr
Requests for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Extradition of a national of a Member State of the European Union to a third State where he risks being subjected to the death penalty — Citizenship of the Union — Articles 18 and 21 TFEU — Article 19(2) of the Charter of Fundamental Rights of the European Union — Protection against extradition
Request for a preliminary ruling from the Bezirksgericht Linz
Language of the case: German
| Summary |
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Order of the Court (First Chamber) of 6 September 2017
ECLI:EU:C:2017:633 |
|
Joined Cases C-643/15 and C-647/15 Slovakia and Hungary v Council
Actions for annulment –– Decision (EU) 2015/1601 –– Provisional measures in the area of international protection for the benefit of the Hellenic Republic and the Italian Republic — Emergency situation characterised by a sudden inflow of nationals of third countries into certain Member States –– Relocation of those nationals to other Member States –– Relocation quotas –– Article 78(3) TFEU –– Legal basis –– Conditions under which applicable –– Concept of ‘legislative act’ — Article 289(3) TFEU –– Whether conclusions adopted by the European Council are binding on the Council of the European Union — Article 15(1) TEU and Article 68 TFEU — Essential procedural requirements — Amendment of the European Commission’s proposal — Requirements for a further consultation of the European Parliament and a unanimous vote within the Council of the European Union — Article 293 TFEU — Principles of legal certainty and of proportionality
Languages of the case: Slovak and Hungarian
| Summary |
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Opinion of Advocate General Bot delivered on 26 July 2017
ECLI:EU:C:2017:618 |
|
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Judgment of the Court (Grand Chamber) of 6 September 2017
ECLI:EU:C:2017:631 |
|
Case C-331/15 P France v Schlyter
Appeal — Right of public access to documents of the EU institutions — Regulation (EC) No 1049/2001 — Article 4(2), third indent — Exceptions to the right of access to documents — Protection of the purpose of investigations — Directive 98/34/EC — Articles 8 and 9 — Detailed opinion of the European Commission concerning a draft technical regulation — Refusal to grant access
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 6 April 2017
ECLI:EU:C:2017:280 |
|
|
Judgment of the Court (Fourth Chamber) of 7 September 2017
ECLI:EU:C:2017:639 |
|
Case C-465/15 Hüttenwerke Krupp Mannesmann v Hauptzollamt Duisburg
Reference for a preliminary ruling — Taxation — Taxation of energy products and electricity — Directive 2003/96/CE — Scope — Article 2(4)(b) — Electricity used principally for the purposes of chemical reduction — Concept
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
| Summary |
|
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Opinion of Advocate General Bobek delivered on 19 January 2017
ECLI:EU:C:2017:35 |
|
|
Judgment of the Court (Ninth Chamber) of 7 September 2017
ECLI:EU:C:2017:640 |
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Case C-6/16 Eqiom and Enka v Ministre des Finances et des Comptes publics
Reference for a preliminary ruling — Direct taxation — Freedom of establishment — Free movement of capital — Withholding tax — Directive 90/435/EEC — Article 1(2) — Article 5(1) — Exemption — Dividends distributed by a resident subsidiary to a non-resident parent company controlled directly or indirectly by one or more residents of third States — Presumption — Fraud, tax evasion and abuse
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 19 January 2017
ECLI:EU:C:2017:34 |
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Judgment of the Court (Sixth Chamber) of 7 September 2017
ECLI:EU:C:2017:641 |
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Case C-174/16 H. v Land Berlin
Reference for a preliminary ruling — Social policy — Directive 2010/18/EU — Revised Framework Agreement on parental leave — Clause 5(1) and (2) — Return from parental leave — Right to return to the same job or an equivalent or similar job — Rights acquired or in the process of being acquired to be maintained as they stand — Civil servant of a Land promoted to civil servant on probation in a managerial post — Rules of that Land providing for the ending of the probationary period by operation of law and with no possibility of extension on expiry of a two-year period, even in the case of absence as a result of parental leave — Incompatibility — Consequences
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
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Opinion of Advocate General Mengozzi delivered on 26 April 2017
ECLI:EU:C:2017:306 |
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Judgment of the Court (Second Chamber) of 7 September 2017
ECLI:EU:C:2017:637 |
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Case C-247/16 Schottelius v Seifert
Reference for a preliminary ruling — Consumer protection — Directive 1999/44/EC — Sale of consumer goods and associated guarantees — Notion of ‘contract of sale’ — Inapplicability of that directive — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Landgericht Hannover
Language of the case: German
| Summary |
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Judgment of the Court (Tenth Chamber) of 7 September 2017
ECLI:EU:C:2017:638 |
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Case C-248/16 Austria Asphalt v Bundeskartellanwalt
Reference for a preliminary ruling — Competition — Concentrations between undertakings — Regulation (EC) No 139/2004 — Article 3(1)(b) and (4) — Scope — Definition of ‘concentration’ — Change in the form of control of an existing undertaking which, previously exclusive, becomes joint — Creation of a joint venture performing on a lasting basis all the functions of an autonomous economic entity
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Kokott delivered on 27 April 2017
ECLI:EU:C:2017:322 |
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Judgment of the Court (Fifth Chamber) of 7 September 2017
ECLI:EU:C:2017:643 |
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Case C-506/16 Neto de Sousa v Estado português
Reference for a preliminary ruling — Insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC — Directive 84/5/EEC — Directive 90/232/EEC — Driver responsible for the accident which caused the death of his spouse, a passenger in the vehicle — National legislation excluding compensation for material damage suffered by the driver responsible for the accident
Request for a preliminary ruling from the Tribunal da Relação do Porto
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Sixth Chamber) of 7 September 2017
ECLI:EU:C:2017:642 |
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Case C-559/16 Bossen and Gräßmann v Brussels Airlines
References for a preliminary ruling — Transport — Regulation (EC) No 261/2004 — Article 7(1) — Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights — Flight consisting of several legs — Concept of ‘distance’ to be taken into account
Request for a preliminary ruling from the Amtsgericht Hamburg
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 7 September 2017
ECLI:EU:C:2017:644 |
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Case C-177/17 Demarchi Gino v Ministero della Giustizia
Reference for a preliminary ruling — Article 47(2) of the Charter of Fundamental Rights of the European Union — Implementation of EU law — Lack of a sufficiently close connection — Lack of jurisdiction of the Court
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte
Language of the case: Italian
| Summary |
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Order of the Court (Seventh Chamber) of 7 September 2017
ECLI:EU:C:2017:656 |
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Case C-589/15 P Anagnostakis v Commission
Appeal — Institutional law — Citizens’ initiative inviting the European Commission to submit a legislative proposal relating to the writing off of public debt for Member States in a state of necessity — Application for registration — Refusal by the Commission — Manifest lack of powers of the Commission — Regulation (EU) No 211/2011 — Article 4(2)(b) — Obligation to state reasons — Article 122 TFEU — Article 136 TFEU — Infringement
Language of the case: Greek
| Summary |
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Opinion of Advocate General Mengozzi delivered on 7 March 2017
ECLI:EU:C:2017:175 |
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Judgment of the Court (Grand Chamber) of 12 September 2017
ECLI:EU:C:2017:663 |
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Case C-648/15 Austria v Germany
Article 273 TFEU — Dispute between Member States submitted to the Court under a special agreement between the parties — Taxation — Bilateral convention for the avoidance of double taxation — Taxation of interest from financial instruments — Definition of ‘debt-claims with participation in profits’
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 27 April 2017
ECLI:EU:C:2017:311 |
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Judgment of the Court (Grand Chamber) of 12 September 2017
ECLI:EU:C:2017:664 |
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Case C-591/14 Commission v Belgium
Failure of a Member State to fulfil obligations — State aid — Decision 2011/678/EU — State aid for financing screening of transmissible spongiform encephalopathies (TSE) in bovine animals — Aid incompatible with the internal market — Obligation of recovery — Non-performance
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 30 March 2017
ECLI:EU:C:2017:245 |
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Judgment of the Court (Fourth Chamber) of 13 September 2017
ECLI:EU:C:2017:670 |
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Case C-329/15 ENEA v Prezes Urzędu Regulacji Energetyki
Reference for a preliminary ruling — State aid — Concept of ‘aid granted by a Member State or through State resources’ — Obligation on a limited liability company in the energy sector, wholly owned by the State, to purchase energy produced by cogeneration with the production of heat
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 22 March 2017
ECLI:EU:C:2017:233 |
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Judgment of the Court (Fifth Chamber) of 13 September 2017
ECLI:EU:C:2017:671 |
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Case C-569/15 X v Staatssecretaris van Financiën
Reference for a preliminary ruling — Application of social security schemes — Migrant workers — Determination of the applicable legislation — Regulation (EEC) No 1408/71 — Article 14(2)(b)(i) — Person normally employed in the territory of two or more Member States — Person employed in one Member State and engaged in paid employment on the territory of another Member State during a period of unpaid leave lasting three months
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 8 March 2017
ECLI:EU:C:2017:181 |
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Judgment of the Court (Third Chamber) of 13 September 2017
ECLI:EU:C:2017:673 |
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Case C-570/15 X v Staatssecretaris van Financiën
Reference for a preliminary ruling — Application of social security schemes — Migrant workers — Determination of the applicable legislation — Regulation (EEC) No 1408/71 — Article 14(2)(b)(i) — Person normally employed in the territory of two or more Member States — Person employed in one Member State and who pursues part of his activities in the Member State of his residence
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 8 March 2017
ECLI:EU:C:2017:182 |
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Judgment of the Court (Third Chamber) of 13 September 2017
ECLI:EU:C:2017:674 |
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Case C-60/16 Khir Amayry v Migrationsverket
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national — Article 28 — Detention for the purposes of transfer of an applicant for international protection to the Member State responsible — Deadline for carrying out the transfer — Maximum period of detention — Calculation — Request to take charge accepted before the detention — Suspension of the implementation of the transfer decision
Request for a preliminary ruling from the Kammarrätten i Stockholm - Migrationsöverdomstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Bot delivered on 1 March 2017
ECLI:EU:C:2017:147 |
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Judgment of the Court (Third Chamber) of 13 September 2017
ECLI:EU:C:2017:675 |
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Case C-111/16 Criminal proceedings against Fidenato and Others
Reference for a preliminary ruling — Agriculture — Genetically modified food and feed — Emergency measures — National measure seeking to prohibit the cultivation of genetically modified maize MON 810 — Maintenance or renewal of the measure — Regulation (EC) No 1829/2003 — Article 34 — Regulation (EC) No 178/2002 — Articles 53 and 54 — Conditions of application — Precautionary principle
Request for a preliminary ruling from the Tribunale di Udine
Language of the case: Italian
| Summary |
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Opinion of Advocate General Bobek delivered on 30 March 2017
ECLI:EU:C:2017:248 |
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Judgment of the Court (Third Chamber) of 13 September 2017
ECLI:EU:C:2017:676 |
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Case C-350/16 P Pappalardo and Others v Commission
Appeal — Common fisheries policy — Non-contractual liability of the European Union — Claim for compensation — Regulation (EC) No 530/2008 — Emergency measures adopted by the European Commission — Sufficiently serious breach of a rule of law — Whether possible to rely on that breach — Principle of non-discrimination — Res judicata
Language of the case: Italian
| Summary |
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Judgment of the Court (Fifth Chamber) of 13 September 2017
ECLI:EU:C:2017:672 |
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Case C-320/15 Commission v Greece
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Urban waste water treatment — Article 4(1) and (3) — Secondary or equivalent treatment
Language of the case: Greek
| Summary |
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Opinion of Advocate General Bobek delivered on 30 March 2017
ECLI:EU:C:2017:246 |
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Judgment of the Court (Tenth Chamber) of 14 September 2017
ECLI:EU:C:2017:678 |
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Joined Cases C-588/15 P and C-622/15 P LG Electronics and Koninklijke Philips Electronics v Commission
Appeal — Agreements, decisions and concerted practices — Global market for cathode ray tubes for television sets and computer monitors — Agreements and concerted practices relating to prices, markets sharing, customer allocation and production limitation — Rights of the defence — Sending of the statement of objections only to the parent companies of a joint venture and not to the joint venture itself — Fine — 2006 Guidelines on the method of setting fines — Point 13 — Determining the value of sales relating to an infringement — Intragroup sales of the relevant product outside the European Economic Area (EEA) — Account to be taken of the sales within the EEA of final products in which the relevant product has been installed — Equal treatment
Language of the case: English
| Summary |
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Opinion of Advocate General Szpunar delivered on 18 May 2017
ECLI:EU:C:2017:393 |
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Judgment of the Court (Eighth Chamber) of 14 September 2017
ECLI:EU:C:2017:679 |
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Case C-628/15 The Trustees of the BT Pension Scheme v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling — Free movement of capital — Article 63 TFEU — Scope — Tax legislation of a Member State — Corporation tax — Tax credit — Pension funds — Refusal to grant the tax credit to shareholders not subject to tax on investment income for dividends arising from foreign income — Interpretation of the judgment of 12 December 2006, Test Claimants in the FII Group Litigation (C‑446/04, EU:C:2006:774) — Tax credit unlawfully withheld — Remedies
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 21 December 2016
ECLI:EU:C:2016:1002 |
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Judgment of the Court (Second Chamber) of 14 September 2017
ECLI:EU:C:2017:687 |
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Case C-646/15 Trustees of the P Panayi Accumulation & Maintenance Settlements v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling — Direct taxation — Freedom of establishment — Freedom to provide services — Free movement of capital — Trust — Trustees — Other legal persons — Meaning — Tax on gains in value of assets held in trust by reason of the trustees’ place of residence for tax purposes being transferred to another Member State– Determination of the amount of tax due at the time of that transfer — Tax payable immediately — Justification — Proportionality
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 21 December 2016
ECLI:EU:C:2016:1000 |
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Judgment of the Court (First Chamber) of 14 September 2017
ECLI:EU:C:2017:682 |
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Case C-18/16 K. v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Standards for the reception of applicants for international protection — Directive 2013/32/EU — Article 9 — Right to remain in a Member State during the examination of the application — Directive 2013/33/EU — First subparagraph of Article 8(3)(a) and (b) — Detention — Verification of identity or nationality — Determination of the elements on which the application for international protection is based — Validity — Charter of Fundamental Rights of the European Union — Articles 6 and 52 — Restriction — Proportionality
Request for a preliminary ruling from the Rechtbank Den Haag zittingsplaats Haarlem
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 4 May 2017
ECLI:EU:C:2017:349 |
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Judgment of the Court (Fourth Chamber) of 14 September 2017
ECLI:EU:C:2017:680 |
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Case C-56/16 P EUIPO v Instituto dos Vinhos do Douro e do Porto
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 8(4) and Article 53(1)(c) and (2)(d) — EU word mark PORT CHARLOTTE — Application for a declaration of invalidity of that mark — Protection conferred on the earlier designations of origin ‘Porto’ and ‘Port’ under Regulation (EC) No 1234/2007 and under national law — Exhaustive nature of the protection conferred on those designations of origin — Article 118m of Regulation (EC) No 1234/2007 — Concepts of ‘use’ and ‘evocation’ of a protected designation of origin
Language of the case: English
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 18 May 2017
ECLI:EU:C:2017:394 |
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Judgment of the Court (Second Chamber) of 14 September 2017
ECLI:EU:C:2017:693 |
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Case C-132/16 Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika v Iberdrola Inmobiliaria Real Estate Investments
Reference for a preliminary ruling — Taxation — Common system of value added tax — Directive 2006/112/EC — Article 26(1)(b) and Articles 168 and 176 — Deduction of input tax — Services relating to construction or improvement of a property belonging to a third party — Use of services by the third party and by the taxable person — Service supplied free of charge to the third party — Entry of costs incurred for services carried out in the accounts as part of the taxable person’s general costs — Determination of the existence of a direct and immediate link with the economic activity of the taxable person
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Kokott delivered on 6 April 2017
ECLI:EU:C:2017:283 |
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Judgment of the Court (First Chamber) of 14 September 2017
ECLI:EU:C:2017:683 |
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Joined Cases C-168/16 and C-169/16 Nogueira and Others v Crewlink Ireland and Moreno Osacar v Ryanair Designated Activity Company
References for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction — Jurisdiction over individual contracts of employment — Regulation (EC) No 44/2001 — Article 19(2)(a) — Concept of ‘place in which the employee habitually carries out his work’ — Airline sector — Airline crew — Regulation (EEC) No 3922/91 — Concept of ‘home base’
Requests for a preliminary ruling from the Cour du travail de Mons
Language of the case: French
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 27 April 2017
ECLI:EU:C:2017:312 |
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Judgment of the Court (Second Chamber) of 14 September 2017
ECLI:EU:C:2017:688 |
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Case C-177/16 Autortiesību un komunicēšanās konsultāciju aģentūra / Latvijas Autoru apvienība v Konkurences padome
Reference for a preliminary ruling — Competition — Article 102 TFEU — Abuse of a dominant position — Concept of ‘unfair price’ — Fees collected by a copyright management organisation — Comparison with rates charged in other Member States — Choice of reference Member States — Assessment criteria for prices — Calculation of the fine
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Wahl delivered on 6 April 2017
ECLI:EU:C:2017:286 |
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Judgment of the Court (Second Chamber) of 14 September 2017
ECLI:EU:C:2017:689 |
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Case C-184/16 Petrea v Ypourgou Esoterikon kai Dioikitikis Anasygrotisis
Reference for a preliminary ruling — Directive 2004/38/EC — Directive 2008/115/EC — Right to move and reside freely in the territory of the Member States — Residence of a national of a Member State within the territory of another Member State despite a prohibition on entering that State — Lawfulness of a decision to withdraw a registration certificate and a further expulsion decision — Possibility to rely, exceptionally, on the unlawfulness of an earlier decision — Translation obligation
Request for a preliminary ruling from the Dioikitiko Protodikeio Thessalonikis
Language of the case: Greek
| Summary |
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Opinion of Advocate General Szpunar delivered on 27 April 2017
ECLI:EU:C:2017:324 |
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Judgment of the Court (First Chamber) of 14 September 2017
ECLI:EU:C:2017:684 |
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Case C-223/16 Casertana Costruzioni v Ministero delle Infrastrutture e dei Trasporti - Provveditorato Interregionale per le opere pubbliche and A.R.CA.DI.S.
Reference for a preliminary ruling — Directive 2004/18/EC — Articles 47(2) and 48(3) — Tenderer relying on the capacities of other entities to meet the requirements of the contracting authority — Loss by those entities of the capacities required — National legislation providing for the exclusion of the tenderer from the call for tenders and for the award of the contract to a competitor
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wahl delivered on 11 May 2017
ECLI:EU:C:2017:365 |
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Judgment of the Court (First Chamber) of 14 September 2017
ECLI:EU:C:2017:685 |
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Case C-503/16 Delgado Mendes v Crédito Agrícola Seguros
Reference for a preliminary ruling — Compulsory insurance against civil liability in respect of the use of motor vehicles — Directives 72/166/EEC, 84/5/EEC, 90/232/EEC and 2009/103/EC — Theft of a vehicle — Motor vehicle accident — Personal injuries and property damage sustained by the insured owner of the vehicle, as a pedestrian — Civil liability — Compensation — Compulsory insurance cover — Exclusion clauses — National legislation excluding the insured owner of the vehicle from compensation from the insurers — Compatibility with those directives — Concept of ‘third parties who have been victims’
Request for a preliminary ruling from the Tribunal da Relação de Évora
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Sixth Chamber) of 14 September 2017
ECLI:EU:C:2017:681 |
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Case C-552/15 Commission v Ireland (Registration tax)
Failure of a Member State to fulfil obligations — Freedom to provide services — Motor vehicles — Rental or leasing of a motor vehicle by a resident of one Member State from a supplier established in another Member State — Registration tax — Payment of the full amount of tax at the time of registration — Conditions for refunding tax — Proportionality
Language of the case: English
| Summary |
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Opinion of Advocate General Szpunar delivered on 2 March 2017
ECLI:EU:C:2017:162 |
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Judgment of the Court (Grand Chamber) of 19 September 2017
ECLI:EU:C:2017:698 |
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Joined Cases C-673/15 P to C-676/15 P The Tea Board v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Word marks and figurative marks including the word element ‘darjeeling’ or ‘darjeeling collection de lingerie’ — Opposition by the proprietor of EU collective marks — Collective marks consisting of the geographical indication ‘Darjeeling’ — Article 66(2) — Essential function — Conflict with applications for registration of individual trade marks — Likelihood of confusion — Definition — Similarity of goods and services — Criteria for assessment — Article 8(5)
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 31 May 2017
ECLI:EU:C:2017:411 |
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Judgment of the Court (Second Chamber) of 20 September 2017
ECLI:EU:C:2017:702 |
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Case C-183/16 P Tilly-Sabco v Commission
Appeal — Agriculture — Poultrymeat — Frozen chickens — Export refunds — Implementing Regulation (EU) No 689/2013 fixing the refund at EUR 0 — Legality — Regulation (EC) No 1234/2007 — Articles 162 and 164 — Subject matter and nature of the refunds — Criteria for fixing the amount — Powers of the Director-General of the Directorate-General (DG) for Agriculture and Rural Development to sign the contested regulation — Misuse of powers — ‘Comitology’ — Regulation (EU) No 182/2011 — Article 3(3) — Consultation with the Committee for the Common Organisation of the Agricultural Markets — Presentation of the draft implementing regulation during the meeting of that committee — Compliance with time limits — Infringement of essential procedural requirements — Annulment with maintenance of the effects)
Language of the case: French
| Summary |
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Opinion of Advocate General Wahl delivered on 4 May 2017
ECLI:EU:C:2017:348 |
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Judgment of the Court (First Chamber) of 20 September 2017
ECLI:EU:C:2017:704 |
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Case C-186/16 Andriciuc and Others v Banca Românească
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Article 3(1) and Article 4(2) — Assessment of the unfairness of contractual terms — Loan agreement concluded in a foreign currency — Exchange rate risk born entirely by the consumer — Significant imbalance in the parties’ rights and obligations arising under the contract — Time at which the imbalance must be assessed — Scope of the concept of terms drafted in ‘plain intelligible language’ — Level of information to be procured by the bank
Request for a preliminary ruling from the Curtea de Apel Oradea
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Wahl delivered on 27 April 2017
ECLI:EU:C:2017:313 |
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Judgment of the Court (Second Chamber) of 20 September 2017
ECLI:EU:C:2017:703 |
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Joined Cases C-215/16, C-216/16, C-220/16 and C-221/16 Elecdey Carcelen and Others v Comunidad Autónoma de Castilla-La Mancha
References for a preliminary ruling — Environment — Electricity generated by wind power — Directive 2009/28/EC — Promotion of the use of energy from renewable sources — Subparagraph (k) of the second subparagraph of Article 2 — Aid scheme — Subparagraph (e) of the second subparagraph of Article 13(1) — Administrative charges — Directive 2008/118/EC — General arrangements for excise duty — Article 1(2) — Other indirect taxes for specific purposes — Directive 2003/96/EC — Taxation of energy products and electricity — Article 4 — Minimum rate of taxation on energy — Levy imposed on turbines designed to produce electricity
Requests for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Kokott delivered on 1 June 2017
ECLI:EU:C:2017:422 |
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Judgment of the Court (First Chamber) of 20 September 2017
ECLI:EU:C:2017:705 |
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Case C-300/16 P Commission v Frucona Košice
Appeal — State aid — Concept of ‘aid’ — Concept of ‘economic advantage’ — Private creditor test — Conditions of applicability — Application — Investigation obligations on the European Commission
Language of the case: English
| Summary |
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Opinion of Advocate General Wahl delivered on 3 May 2017
ECLI:EU:C:2017:331 |
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Judgment of the Court (First Chamber) of 20 September 2017
ECLI:EU:C:2017:706 |
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Case C-85/15 P Feralpi v Commission
Appeal — Agreements, decisions and concerted practices — Italian producers of reinforcing bars — Fixing of prices and limiting and controlling output and sales — Infringement of Article 65 CS — Annulment of the initial decision by the General Court of the European Union — Decision re-adopted on the basis of Regulation (EC) No 1/2003 — Failure to issue a new statement of objections — Lack of a hearing following the annulment of the initial decision — Time taken in the proceedings before the General Court
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wahl delivered on 8 December 2016
ECLI:EU:C:2016:940 |
|
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Judgment of the Court (Ninth Chamber) of 21 September 2017
ECLI:EU:C:2017:709 |
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Joined Cases C-86/15 P and C-87/15 P Ferriera Valsabbia and Others v Commission
Appeal — Agreements, decisions and concerted practices — Italian producers of reinforcing bars — Fixing of prices and limiting and controlling output and sales — Infringement of Article 65 CS — Annulment of the initial decision by the General Court of the European Union — Decision re-adopted on the basis of Regulation (EC) No 1/2003 — Failure to issue a new statement of objections — Lack of a hearing following the annulment of the initial decision — Time taken in the proceedings before the General Court
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wahl delivered on 8 December 2016
ECLI:EU:C:2016:940 |
|
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Judgment of the Court (Ninth Chamber) of 21 September 2017
ECLI:EU:C:2017:717 |
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Case C-88/15 P Ferriere Nord v Commission
Appeal — Agreements, decisions and concerted practices — Italian producers of reinforcing bars — Fixing of prices and limiting and controlling output and sales — Infringement of Article 65 CS — Annulment of the initial decision by the General Court of the European Union — Decision re-adopted on the basis of Regulation (EC) No 1/2003 — Failure to issue a new statement of objections — Lack of a hearing following the annulment of the initial decision
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wahl delivered on 8 December 2016
ECLI:EU:C:2016:940 |
|
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Judgment of the Court (Ninth Chamber) of 21 September 2017
ECLI:EU:C:2017:716 |
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Case C-89/15 P Riva Fire v Commission
Appeal — Agreements, decisions and concerted practices — Italian producers of reinforcing bars — Fixing of prices and limiting and controlling output and sales — Infringement of Article 65 CS — Annulment of the initial decision by the General Court of the European Union — Decision re-adopted on the basis of Regulation (EC) No 1/2003 — Failure to issue a new statement of objections — Lack of a hearing following the annulment of the initial decision — Time taken in the proceedings before the General Court
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wahl delivered on 8 December 2016
ECLI:EU:C:2016:940 |
|
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Judgment of the Court (Ninth Chamber) of 21 September 2017
ECLI:EU:C:2017:713 |
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Case C-326/15 DNB Banka v Valsts ieņēmumu dienests
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/CE — Article 132(1)(f) — Exemptions for certain activities in the public interest — Exemption for the supply of services by independent groups of persons for their members — Applicability to financial services
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Kokott delivered on 1 March 2017
ECLI:EU:C:2017:145 |
|
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Judgment of the Court (Fourth Chamber) of 21 September 2017
ECLI:EU:C:2017:719 |
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Joined Cases C-361/15 P and C-405/15 P Easy Sanitary Solutions and EUIPO v Group Nivelles
Appeal — Intellectual property — Community designs — Regulation (EC) No 6/2002 — Article 5 — Novelty — Article 6 — Individual character — Article 7 — Disclosure to the public — Article 63 — Powers of the European Union Intellectual Property Office (EUIPO) in the taking of evidence — Burden of proof on the applicant for a declaration of invalidity — Requirements relating to the reproduction of an earlier design — Design for a shower drainage channel — Dismissal of an application for a declaration of invalidity by the Board of Appeal
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bot delivered on 1 February 2017
ECLI:EU:C:2017:80 |
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Judgment of the Court (Fourth Chamber) of 21 September 2017
ECLI:EU:C:2017:720 |
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Case C-605/15 Minister Finansów v Aviva
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Article 132(1)(f) — Exemptions for certain activities in the public interest — Exemption for the supply of services by independent groups of persons for their members — Applicability to insurance
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Opinion of Advocate General Kokott delivered on 1 March 2017
ECLI:EU:C:2017:150 |
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Judgment of the Court (Fourth Chamber) of 21 September 2017
ECLI:EU:C:2017:718 |
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Case C-616/15 Commission v Germany
Failure of a Member State to fulfil obligations — Taxation — Value added tax — Directive 2006/112/EC — Article 132(1)(f) — Exemption for services supplied to their members by Independent Groups of Persons — Restriction to independent groups whose members exercise a limited number of professions
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 5 April 2017
ECLI:EU:C:2017:272 |
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Judgment of the Court (Fourth Chamber) of 21 September 2017
ECLI:EU:C:2017:721 |
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Case C-125/16 Malta Dental Technologists Association and Reynaud v Superintendent tas-Saħħa Pubblika and Kunsill tal-Professjonijiet Kumplimentari għall-Mediċina
Reference for a preliminary ruling — Directive 2005/36/EC — Recognition of professional qualifications — Dental technologists — Conditions governing the practice of the profession in the host Member State — Requirement for the compulsory intermediation of a dental practitioner — Application of that requirement in the case of clinical dental technologists pursuing their profession in the home Member State — Article 49 TFEU — Freedom of establishment — Restriction — Justification — Public interest objective of ensuring the protection of public health — Proportionality
Request for a preliminary ruling from the Prim’Awla tal-Qorti Ċivili
Language of the case: Maltese
| Summary |
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Opinion of Advocate General Mengozzi delivered on 1 June 2017
ECLI:EU:C:2017:421 |
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Judgment of the Court (Third Chamber) of 21 September 2017
ECLI:EU:C:2017:707 |
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Case C-149/16 Socha and Others v Szpital Specjalistyczny im. A. Falkiewicza
Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — Article 1(1) — Concept of ‘redundancies’ — Assimilation to redundancies of ‘terminations of an employment contract which occur on the employer’s initiative’ — Unilateral amendment by the employer of pay and working conditions
Request for a preliminary ruling from the Sąd Rejonowy dla Wrocławia-Śródmieścia
Language of the case: Polish
| Summary |
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Judgment of the Court (Tenth Chamber) of 21 September 2017
ECLI:EU:C:2017:708 |
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Case C-171/16 Beshkov v Sofiyska rayonna prokuratura
Reference for a preliminary ruling — Area of freedom, security and justice — Framework Decision 2008/675/JHA — Scope — Taking into account, in the course of new criminal proceedings, a previous conviction handed down in another Member State, in order to impose an overall sentence — National procedure for prior recognition of that conviction — Altering the arrangements for enforcing the sentence imposed in the other Member State
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Bot delivered on 17 May 2017
ECLI:EU:C:2017:386 |
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Judgment of the Court (Fifth Chamber) of 21 September 2017
ECLI:EU:C:2017:710 |
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Case C-429/16 Ciupa and Others v II Szpital Miejski im. L. Rydygiera w Łodzi obecnie Szpital Ginekologiczno-Położniczy w Łodzi
Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — Article 1(1) and Article 2 — Concept of ‘redundancies’ — Assimilation to redundancies of ‘terminations of an employment contract which occur on the employer’s initiative’ — Unilateral amendment by the employer of working and pay conditions — Determination of the employer’s ‘intention’ to effect redundancies
Request for a preliminary ruling from the Sąd Okręgowy w Łodzi
Language of the case: Polish
| Summary |
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Judgment of the Court (Tenth Chamber) of 21 September 2017
ECLI:EU:C:2017:711 |
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Case C-441/16 SMS group v Direcţia Generală Regională a Finanţelor Publice Bucureşti
Reference for a preliminary ruling — Value added tax (VAT) — Eighth Directive 79/1072/EEC — Directive 2006/112/EC — Taxable person residing in another Member State — Refund of VAT charged on imported goods — Conditions — Objective elements confirming the intention of the taxable person to use the imported goods in the course of his economic activities — Serious risk of non-completion of the transaction that justified the importation
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
| Summary |
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Judgment of the Court (Tenth Chamber) of 21 September 2017
ECLI:EU:C:2017:712 |
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Joined Cases C-24/16 and C-25/16 Nintendo v BigBen Interactive
References for a preliminary ruling — Intellectual property — Regulation (EC) No 6/2002 — Article 20(1)(c), Article 79(1) and Articles 82, 83, 88 and 89 — Action for infringement — Limitation of the rights conferred by the Community design — Concept of ‘citations’ — Regulation (EC) No 44/2001 — Article 6(1) — Jurisdiction in respect of the co-defendant domiciled outside the Member State of the forum — Territorial scope of the jurisdiction of the Community design courts — Regulation (EC) No 864/2007 — Article 8(2) — Law applicable to claims seeking the adoption of orders relating to sanctions and other measures
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 1 March 2017
ECLI:EU:C:2017:146 |
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Judgment of the Court (Second Chamber) of 27 September 2017
ECLI:EU:C:2017:724 |
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Case C-73/16 Puškár v Finančné riaditeľstvo Slovenskej republiky and Kriminálny úrad finančnej správy
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Articles 7, 8 and 47 — Directive 95/46/EC — Articles 1, 7 and 13 — Processing of personal data — Article 4(3) TEU — Drawing up of a list of personal data — Subject matter — Tax collection — Fight against tax fraud — Judicial review — Protection of fundamental rights and freedoms — Legal action dependent on a requirement of a prior administrative complaint — Whether that list is permissible as evidence — Rules on the lawfulness of the processing of personal data — Performance of a task carried out in the public interest by the controller
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
| Summary |
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Opinion of Advocate General Kokott delivered on 30 March 2017
ECLI:EU:C:2017:253 |
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Judgment of the Court (Second Chamber) of 27 September 2017
ECLI:EU:C:2017:725 |
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Information (on unpublished decisions)
Case C-187/17 Alandžak v EUROHERC
Reference for a preliminary ruling — Factual and regulatory context of the dispute in the main proceedings — Lack of sufficient information — Manifest inadmissibility — Article 53(2) of the Rules of Procedure of the Court of Justice — Article 94 of the Rules of Procedure of the Court of Justice
Case C-188/17 P Todorov v Court of Justice of the European Union
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Actions for damages — Lack of jurisdiction of the General Court — Inadmissibility
Case C-218/17 P Natural Instinct v M. I. Industries
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the figurative mark Natural Instinct Dog and Cat food as nature intended — Opposition proceedings — Genuine use of the earlier mark
Case C-158/17 P Anton Riemerschmid Weinbrennerei und Likörfabrik v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Opposition proceedings — Application for registration of work mark LITU — Opposition dismissed
October 2017
Case C-164/16 Commissioners for Her Majesty's Revenue & Customs v Mercedes-Benz Financial Services UK
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 14(2)(b) — Supply of goods — Motor vehicles — Finance lease with an option to purchase
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
| Summary |
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Opinion of Advocate General Szpunar delivered on 31 May 2017
ECLI:EU:C:2017:414 |
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Judgment of the Court (First Chamber) of 4 October 2017
ECLI:EU:C:2017:734 |
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Case C-273/16 Agenzia delle Entrate v Federal Express Europe
Reference for a preliminary ruling — Value added tax (VAT) — Sixth Directive 77/388/EEC — Directive 2006/112/EC — Exemption from VAT — Article 86(1)(b) and Article 144 — Relief from import duties for goods of negligible value or of a non-commercial character — Exemption of the supply of services relating to the importation of goods — National legislation levying VAT on the transport costs of documents and goods of negligible value despite their being ancillary to non-taxable goods
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Judgment of the Court (First Chamber) of 4 October 2017
ECLI:EU:C:2017:733 |
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Case C-567/15 LitSpecMet v Vilniaus lokomotyvų remonto depas
Reference for a preliminary ruling — Public works contracts, public supply contracts and public service contracts — Directive 2004/18/EC — Article 1(9) — Concept of contracting authority — Company wholly owned by a contracting authority — Transactions internal to the group
Request for a preliminary ruling from the Vilniaus apygardos teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 27 April 2017
ECLI:EU:C:2017:319 |
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Judgment of the Court (Fourth Chamber) of 5 October 2017
ECLI:EU:C:2017:736 |
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Case C-341/16 Hanssen Beleggingen v Prast-Knipping
Reference for a preliminary ruling — Judicial cooperation in civil and commercial matters — Regulation (EC) No 44/2001 — Jurisdiction — Article 2(1) — Jurisdiction of the courts of the place where the defendant is domiciled — Article 22(4) — Exclusive jurisdiction in proceedings concerned with the registration or validity of intellectual property rights — Proceedings to determine whether a person was correctly registered as the proprietor of a trade mark
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 13 July 2017
ECLI:EU:C:2017:551 |
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Judgment of the Court (Second Chamber) of 5 October 2017
ECLI:EU:C:2017:738 |
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Case C-413/15 Farrell v Whitty and Others
Reference for a preliminary ruling — Approximation of laws — Insurance against civil liability in respect of the use of motor vehicles — Directive 90/232/EEC — Article 1 — Liability for personal injury caused to all passengers other than the driver — Compulsory insurance — Direct effect — Directive 84/5/EEC — Article 1(4) — Organisation responsible for paying compensation for damage to property or personal injury caused by an unidentified or uninsured vehicle — Whether a directive can be relied on against a State — Conditions governing whether a private law body can be deemed to be an emanation of the State and whether provisions of a directive capable of having direct effect can be relied upon against it)
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Sharpston delivered on 22 June 2017
ECLI:EU:C:2017:492 |
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Judgment of the Court (Grand Chamber) of 10 October 2017
ECLI:EU:C:2017:745 |
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Case C-501/15 P EUIPO v Cactus
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Figurative mark containing the word elements ‘CACTUS OF PEACE CACTUS DE LA PAZ’ — Opposition by the proprietor of word and figurative EU trade marks containing the word element ‘Cactus’ — Nice Classification — Article 28 — Point (a) of the second subparagraph of Article 15(1) of Regulation No 207/2009 — Genuine use of the mark in an abbreviated form
Language of the case: English
| Summary |
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Opinion of Advocate General Wahl delivered on 17 May 2017
ECLI:EU:C:2017:383 |
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Judgment of the Court (Fourth Chamber) of 11 October 2017
ECLI:EU:C:2017:750 |
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Case C-661/15 X v Staatssecretaris van Financiën
Reference for a preliminary ruling — Customs union — Community Customs Code — Article 29 — Import of vehicles — Determination of the customs value — Article 78 — Revision of the declaration — Article 236(2) — Repayment of import duties — Period of three years — Regulation (EEC) No 2454/93 — Article 145(2) and (3) — Risk of defects — Period of 12 months — Validity
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 30 March 2017
ECLI:EU:C:2017:252 |
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Judgment of the Court (Fifth Chamber) of 12 October 2017
ECLI:EU:C:2017:753 |
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Case C-156/16 Tigers v Hauptzollamt Landshut
Reference for a preliminary ruling — Implementing Regulation (EU) No 412/2013 — Article 1(3) — Community Customs Code — Article 78 — Rule making the application of individual anti-dumping duty rates conditional upon presentation of a valid commercial invoice — Whether a valid commercial invoice may be presented after the customs declaration — Refusal to refund
Request for a preliminary ruling from the Finanzgericht München
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 15 June 2017
ECLI:EU:C:2017:474 |
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Judgment of the Court (Eighth Chamber) of 12 October 2017
ECLI:EU:C:2017:754 |
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Case C-192/16 Fisher and Others v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Article 355(3) TFEU — Status of Gibraltar — Article 49 TFEU — Article 63 TFEU — Freedom of establishment — Free movement of capital — Purely internal situation
Request for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
| Summary |
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Order of the Court (Second Chamber) of 12 October 2017
ECLI:EU:C:2017:762 |
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Case C-218/16 Proceedings brought by Kubicka
Reference for a preliminary ruling — Area of Freedom, Security and Justice — Regulation (EU) No 650/2012 — Succession and the European Certificate of Succession — Scope — Immovable property located in a Member State in which legacies ‘per vindicationem’ do not exist — Refusal to recognise the material effects of such a legacy
Request for a preliminary ruling from the Sąd Okręgowy w Gorzowie Wielkopolskim
Language of the case: Polish
| Summary |
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Opinion of Advocate General Bot delivered on 17 May 2017
ECLI:EU:C:2017:387 |
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Judgment of the Court (Second Chamber) of 12 October 2017
ECLI:EU:C:2017:755 |
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Case C-262/16 Shields & Sons Partnership v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Article 296(2) — Article 299 — Common flat-rate scheme for farmers — Exclusion from the common scheme — Conditions — Concept of ‘category of farmers’
Request for a preliminary ruling from Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
| Summary |
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Opinion of Advocate General Szpunar delivered on 28 June 2017
ECLI:EU:C:2017:500 |
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Judgment of the Court (Third Chamber) of 12 October 2017
ECLI:EU:C:2017:756 |
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Case C-278/16 Criminal proceedings against Sleutjes
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2010/64/EU — Article 3(1) — Right to interpretation and translation in criminal proceedings — Translation of ‘essential documents’ — Definition of essential documents — Penalty order issued following a simplified unilateral procedure and imposing on the addressee a fine for a minor offence
Request for a preliminary ruling from the Landgericht Aachen
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 11 May 2017
ECLI:EU:C:2017:366 |
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Judgment of the Court (Fifth Chamber) of 12 October 2017
ECLI:EU:C:2017:757 |
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Case C-289/16 Kamin und Grill Shop v Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main
Reference for a preliminary ruling — Agriculture — Organic products — Control system established by Regulation (EC) No 834/2007 — Concept of ‘direct sale to the final consumer or user’
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Tanchev delivered on 8 June 2017
ECLI:EU:C:2017:438 |
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Judgment of the Court (Ninth Chamber) of 12 October 2017
ECLI:EU:C:2017:758 |
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Case C-404/16 Lombard Ingatlan Lízing v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság
Reference for a preliminary ruling — VAT — Directive 2006/112/EC — Article 90(1) — Direct effect — Taxable amount — Reduction in the case of cancellation or refusal — Reduction in the case of total or partial non-payment — Distinction — Financial leasing agreement terminated for non-payment of public charges
Request for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Sixth Chamber) of 12 October 2017
ECLI:EU:C:2017:759 |
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Case C-194/16 Bolagsupplysningen and Ilsjan v Svensk Handel
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 7(2) — Special jurisdiction in matters relating to tort, delict or quasi-delict — Infringement of the rights of a legal person by the publication on the internet of allegedly incorrect information concerning that person and by the failure to remove comments relating to that person — Place where the damage occurred — Centre of interests of that person
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
| Summary |
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Opinion of Advocate General Bobek delivered on 13 July 2017
ECLI:EU:C:2017:554 |
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Judgment of the Court (Grand Chamber) of 17 October 2017
ECLI:EU:C:2017:766 |
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Case C-409/16 Ypourgos Esoterikon and Ypourgos Ethnikis paideias kai Thriskevmaton v Kalliri
Reference for a preliminary ruling — Social policy — Directive 76/207/EEC — Equal treatment of men and women in matters of employment and occupation — Discrimination on the ground of sex — Competition for entry to the police school of a Member State — Law of that state imposing a minimum physical height requirement on all candidates for admission to that competition
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
| Summary |
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Judgment of the Court (First Chamber) of 18 October 2017
ECLI:EU:C:2017:767 |
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Case C-531/15 Otero Ramos v Servicio Galego de Saúde and Instituto Nacional de la Seguridad Social
Reference for a preliminary ruling — Directive 92/85/EEC — Article 4(1) — Protection of the safety and health of workers — Breastfeeding worker — Risk assessment of her work — Challenged by the worker concerned — Directive 2006/54/EC — Article 19 — Equal treatment — Discrimination on grounds of sex — Burden of proof
Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Sharpston delivered on 6 April 2017
ECLI:EU:C:2017:287 |
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Judgment of the Court (Fifth Chamber) of 19 October 2017
ECLI:EU:C:2017:789 |
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Case C-65/16 Istanbul Lojistik v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatóság
Reference for a preliminary ruling — Agreement establishing an association between the European Economic Community and Turkey — Article 9 — Decision No 1/95 of the EC-Turkey Association Council — Articles 4, 5 and 7 — Customs Union — Road transport — Motor vehicle tax — Taxation of heavy goods vehicles registered in Turkey crossing Hungary in transit
Request for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 6 April 2017
ECLI:EU:C:2017:282 |
|
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Judgment of the Court (Second Chamber) of 19 October 2017
ECLI:EU:C:2017:770 |
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Case C-101/16 Paper Consult v Direcţia Regională a Finanţelor Publice Cluj-Napoca and Administraţia Judeţeană a Finanţelor Publice Bistriţa Năsăud
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Right to deduct — Conditions governing the exercise of that right — Article 273 — National measures — Fight against tax evasion and tax avoidance — Invoice issued by a taxpayer declared ‘inactive’ by the tax authorities — Risk of tax evasion — Refusal of the right to deduct — Proportionality — Refusal to take into account evidence of the absence of tax evasion or tax losses — Limitation of the temporal effects of the judgment to be delivered — No limitation
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Mengozzi delivered on 31 May 2017
ECLI:EU:C:2017:413 |
|
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Judgment of the Court (Second Chamber) of 19 October 2017
ECLI:EU:C:2017:775 |
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Case C-198/16 P Agriconsulting Europe v Commission
Appeal — Non-contractual liability of the European Union — Public service contract — Operational technical assistance to set up and manage a network facility for the implementation of the European Innovation Partnership ‘Agricultural Productivity and Sustainability’ — Rejection of a tenderer’s bid — Abnormally low bid — Adversarial procedure
Language of the case: Italian
| Summary |
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Judgment of the Court (Fifth Chamber) of 19 October 2017
ECLI:EU:C:2017:784 |
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Case C-200/16 Securitas v ICTS Portugal and Others
Reference for a preliminary ruling — Directive 2001/23/EC — Article 1(1) — Transfers of undertakings or businesses — Safeguarding of employees’ rights — Obligation on the transferee to take on workers — Provision of security guard services carried out by an undertaking — Call for tenders — Award of the contract to another undertaking — Employees not taken on — National provision excluding from the ‘concept of a transfer of an undertaking or business’ the loss of a customer by an operator following the award of a service contract to another operator
Request for a preliminary ruling from the Supremo Tribunal de Justiça
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Tenth Chamber) of 19 October 2017
ECLI:EU:C:2017:780 |
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Case C-231/16 Merck v Merck & Co. and Others
Reference for a preliminary ruling — Regulation (EC) No 207/2009 — EU trade mark — Article 109(1) — Civil actions on the basis of EU trade marks and national trade marks — Lis pendens — Meaning of ‘same cause of action’ — Use of the name ‘Merck’ on the internet in domain names and on social media platforms — One action based on a national trade mark followed by another based on an EU trade mark — Disclaimer of jurisdiction — Scope
Request for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 3 May 2017
ECLI:EU:C:2017:330 |
|
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Judgment of the Court (Second Chamber) of 19 October 2017
ECLI:EU:C:2017:771 |
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Case C-281/16 Vereniging Hoekschewaards Landschap v Staatssecretaris van Economische Zaken
Reference for a preliminary ruling — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Implementing Decision (EU) 2015/72 — List of sites of Community importance for the Atlantic biogeographical region — Reduction of the size of a site — Scientific error — Validity
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 15 June 2017
ECLI:EU:C:2017:476 |
|
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Judgment of the Court (Fourth Chamber) of 19 October 2017
ECLI:EU:C:2017:774 |
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Case C-295/16 Europamur Alimentación v Dirección General de Comercio y Protección del Consumidor de la Comunidad Autónoma de la Región de Murcia
Reference for a preliminary ruling — Consumer protection — Directive 2005/29/EC — Unfair business-to-consumer commercial practices — Scope of that directive — Sale by a wholesaler to retailers — Jurisdiction of the Court — National legislation laying down a general prohibition on selling at a loss — Exceptions based on criteria not provided for by that directive
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo de Murcia
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 29 June 2017
ECLI:EU:C:2017:506 |
|
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Judgment of the Court (Fifth Chamber) of 19 October 2017
ECLI:EU:C:2017:782 |
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Case C-303/16 Solar Electric Martinique v Ministre des Finances et des Comptes publics
Reference for a preliminary ruling — Sixth VAT Directive — Directive 2006/112/EC — Works of construction — French overseas departments — Provisions rendered applicable by national law — Transactions consisting in sale and installation on buildings — Classification as a single transaction — Lack of jurisdiction
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 29 June 2017
ECLI:EU:C:2017:507 |
|
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Judgment of the Court (Fifth Chamber) of 19 October 2017
ECLI:EU:C:2017:773 |
|
Case C-383/16 Vion Livestock v Staatssecretaris van Economische Zaken
Reference for a preliminary ruling — Common organisation of the markets — Protection of animals during transport — Export refunds — Regulation (EU) No 817/2010 — Regulation (EC) No 1/2005 — Obligation to keep up to date a copy of the journey log until the arrival of the animals at the place of the first unloading in the third country of final destination — Recovery of amounts over-paid
Request for a preliminary ruling from the the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Wahl delivered on 29 June 2017
ECLI:EU:C:2017:508 |
|
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Judgment of the Court (Third Chamber) of 19 October 2017
ECLI:EU:C:2017:783 |
|
Case C-425/16 Raimund v Aigner
Reference for a preliminary ruling — Intellectual and industrial property — EU trade mark — Regulation (EC) No 207/2009 — Article 96(a) — Infringement proceedings — Article 99(1) — Presumption of validity — Article 100 — Counterclaim for a declaration of invalidity — Relationship between an action for infringement and a counterclaim for a declaration of invalidity — Procedural autonomy
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 20 June 2017
ECLI:EU:C:2017:479 |
|
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Judgment of the Court (Ninth Chamber) of 19 October 2017
ECLI:EU:C:2017:776 |
|
Case C-522/16 A v Staatssecretaris van Financiën
Reference for a preliminary ruling — Customs union and Common Customs Tariff — Regulation (EEC) No 2913/92 — Second subparagraph of Article 201(3) and Article 221(3) and (4) — Regulation (EEC) No 2777/75 — Regulation (EC) No 1484/95 — Additional import duties — Artificial arrangement intended to avoid the additional duties due — Customs declaration based on false information — Persons capable of being held liable for the customs debt — Limitation period
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Third Chamber) of 19 October 2017
ECLI:EU:C:2017:778 |
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Case C-556/16 Lutz v Hauptzollamt Hannover
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Customs Union — Common Customs Tariff — Tariff classification — Combined Nomenclature — Tariff headings — Subheading 6212 20 00 (Panty girdles) — Explanatory Notes to the Combined Nomenclature — Explanatory Notes to the Harmonised System
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber) of 19 October 2017
ECLI:EU:C:2017:777 |
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Case C-573/16 Air Berlin v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling – – Indirect taxes – – Raising of capital – – Imposition of a duty of 1.5% on the transfer into a clearance service of newly issued shares or shares intended to be listed on a stock exchange of a Member State
Request for a preliminary ruling from the High Court of Justice of England and Wales, Chancery Division
Language of the case: English
| Summary |
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Judgment of the Court (Seventh Chamber) of 19 October 2017
ECLI:EU:C:2017:772 |
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Case C-389/15 Commission v Council
Action for annulment — Council decision authorising the opening of negotiations on a revised Lisbon Agreement on Appellations of Origin and Geographical Indications — Article 3(1) TFEU — Exclusive competence of the European Union — Common commercial policy — Article 207(1) TFEU — Commercial aspects of intellectual property
Language of the case: English
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Judgment of the Court (Grand Chamber) of 25 October 2017
ECLI:EU:C:2017:798 |
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Case C-467/15 P Commission v Italy
Appeal — State aid — Aid granted by the Italian Republic to milk producers — Aid scheme linked to the reimbursement of the milk levy — Conditional decision — Decision adopted by the Council of the European Union pursuant to the third subparagraph of Article 108(2) TFEU — Regulation (EC) No 659/1999 — Article 1(b) and (c) — Existing aid — New aid — Definitions — Alteration to existing aid in breach of a condition ensuring compatibility of the aid with the internal market
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wathelet delivered on 18 January 2017
ECLI:EU:C:2017:24 |
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Judgment of the Court (Fourth Chamber) of 25 October 2017
ECLI:EU:C:2017:799 |
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Joined Cases C-593/15 P and C-594/15 P Slovakia v Commission
Appeal — Own resources of the European Union — Decision 2007/436/EC — Financial liability of the Member States — Loss of certain import duties — Obligation to pay the European Commission the amount corresponding to the loss — Actions for annulment — Admissibility — Letter from the European Commission — Concept of ‘actionable measure’
Language of the case: Slovak
| Summary |
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Opinion of Advocate General Kokott delivered on 8 June 2017
ECLI:EU:C:2017:441 |
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Judgment of the Court (Fourth Chamber) of 25 October 2017
ECLI:EU:C:2017:800 |
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Case C-599/15 P Romania v Commission
Appeal — Own resources of the European Union — Decision 2007/436/EC — Financial liability of the Member States — Loss of certain import duties — Obligation to pay the European Commission the amount corresponding to the loss — Actions for annulment — Admissibility — Letter from the European Commission — Concept of ‘actionable measure’
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Kokott delivered on 8 June 2017
ECLI:EU:C:2017:441 |
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Judgment of the Court (Fourth Chamber) of 25 October 2017
ECLI:EU:C:2017:801 |
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Case C-650/15 P PPG and SNF v ECHA
Appeal — Regulation (EC) No 1907/2006 (REACH) — Article 57 — Substances of very high concern — Identification — Article 2(8)(b) — Exemption — Article 3(15) — Definition of ‘intermediate’ — Acrylamide
Language of the case: English
| Summary |
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Opinion of Advocate General Sharpston delivered on 6 July 2017
ECLI:EU:C:2017:527 |
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Judgment of the Court (First Chamber) of 25 October 2017
ECLI:EU:C:2017:802 |
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Case C-687/15 Commission v Council
Action for annulment — Conclusions of the Council of the European Union concerning the World Radiocommunication Conference 2015 of the International Telecommunication Union — Article 218(9) TFEU — Derogation from the prescribed legal form — No indication of the legal basis
Language of the case: English
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 7 September 2017
ECLI:EU:C:2017:645 |
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Judgment of the Court (Grand Chamber) of 25 October 2017
ECLI:EU:C:2017:803 |
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Case C-106/16 Proceedings brought by Polbud - Wykonawstwo
Reference for a preliminary ruling — Freedom of establishment — Cross-border conversion of a company — Transfer of its registered office without transfer of its real head office — Refusal to remove it from the commercial register — National legislation whereby removal from commercial register is dependent on the winding up of a company after a liquidation procedure — Scope of freedom of establishment — Restriction on freedom of establishment — Protection of the interests of creditors, minority shareholders and employees — Prevention of abusive practices
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
| Summary |
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Opinion of Advocate General Kokott delivered on 4 May 2017
ECLI:EU:C:2017:351 |
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Judgment of the Court (Grand Chamber) of 25 October 2017
ECLI:EU:C:2017:804 |
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Case C-201/16 Shiri v Bundesamt für Fremdenwesen und Asyl
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national — Article 27 — Remedy — Scope of the judicial review — Article 29 — Time limit for carrying out the transfer — No transfer within the time limit laid down — Obligations of the Member State responsible — Transfer of responsibility — Requirement for a decision of the Member State responsible
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 20 July 2017
ECLI:EU:C:2017:579 |
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Judgment of the Court (Grand Chamber) of 25 October 2017
ECLI:EU:C:2017:805 |
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Case C-588/16 P Generics (UK) v Commission
Appeal — Intervention — Confidentiality
Language of the case: English
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Order of the President of the Court of 25 October 2017
ECLI:EU:C:2017:829 |
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Case C-611/16 P Xellia Pharmaceuticals and Alpharma v Commission
Appeal — Intervention — Confidentiality
Language of the case: English
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Order of the President of the Court of 25 October 2017
ECLI:EU:C:2017:825 |
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Case C-39/16 Argenta Spaarbank v Belgische Staat
Reference for a preliminary ruling — Corporation tax — Directive 90/435/EEC — Articles 1(2) and 4(2) — Parent companies and subsidiaries of different Member States — Common system of taxation — Deductibility from the taxable profits of the parent company — Domestic provisions seeking to abolish the double taxation of profits distributed by subsidiaries — No account taken of the existence of a link between the interest on loans and the financing of the holding that gave rise to the payment of dividends
Request for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 27 April 2017
ECLI:EU:C:2017:323 |
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Judgment of the Court (Fifth Chamber) of 26 October 2017
ECLI:EU:C:2017:813 |
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Case C-90/16 The English Bridge Union v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Exemption for supplies of services closely linked to sport — Definition of ‘sport’ — Activity characterised by a physical element — Duplicate bridge
Request for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
| Summary |
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Opinion of Advocate General Szpunar delivered on 15 June 2017
ECLI:EU:C:2017:464 |
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Judgment of the Court (Fourth Chamber) of 26 October 2017
ECLI:EU:C:2017:814 |
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Case C-195/16 Criminal proceedings against I
Reference for a preliminary ruling — Transport — Driving licences — Directive 2006/126/EC — Article 2(1) — Mutual recognition of driving licences — Definition of ‘driving licence’ — Driving licence pass certificate authorising its holder to drive in the Member State having awarded it before the issue of the definitive driving licence — Situation in which the holder of a test pass certificate drives a vehicle in another Member State — Obligation to recognise the test pass certificate — Penalties imposed on the holder of the test pass certificate for driving a vehicle outside of the Member State in which it was awarded — Proportionality
Request for a preliminary ruling from the Amtsgericht Kehl
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 16 May 2017
ECLI:EU:C:2017:374 |
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Judgment of the Court (Second Chamber) of 26 October 2017
ECLI:EU:C:2017:815 |
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Case C-347/16 Balgarska energiyna borsa v Komisia za energiyno i vodno regulirane
Reference for a preliminary ruling — Articles 101 and 102 TFEU — Directive 2009/72/EC — Articles 9, 10, 13 and 14 — Regulation (EC) No 714/2009 — Article 3 — Regulation (EU) No 1227/2011 — Article 2(3) — Regulation (EU) 2015/1222 — Article 1(3) — Certification and designation of an independent transmission system operator — Limitation of the number of holders of electricity transmission licences in national territory
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Fifth Chamber) of 26 October 2017
ECLI:EU:C:2017:816 |
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Case C-356/16 Criminal proceedings against Wamo and Van Mol
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Directive 2005/29/EC — Unfair commercial practices — National legislation prohibiting the advertising of procedures relating to plastic surgery or non-surgical plastic medicine
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel
Language of the case: Dutch
| Summary |
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Order of the Court (Third Chamber) of 26 October 2017
ECLI:EU:C:2017:809 |
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Case C-407/16 Aqua Pro v Valsts ieņēmumu dienests
Reference for a preliminary ruling — Customs union — Community Customs Code — Article 220(1) and (2)(b) — Post-clearance recovery of import or export duties — Definition of ‘entry in the accounts of the import duties’ — Decision of the competent customs authority — Time limit for submitting an application for repayment or remission — Obligation to transmit the case to the European Commission — Evidence in the event of an appeal against a decision of the competent authority of the importing Member State
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
| Summary |
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Judgment of the Court (Sixth Chamber) of 26 October 2017
ECLI:EU:C:2017:817 |
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Case C-534/16 Finančné riaditeľstvo Slovenskej republiky v BB construct
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Inclusion in the register of taxable persons for VAT — National law requiring provision of a guarantee — Combating fraud — Charter of Fundamental Rights of the European Union — Freedom to conduct a business — Principle of non-discrimination — Principle ne bis in idem — Principle of non-retroactivity
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
| Summary |
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Judgment of the Court (Ninth Chamber) of 26 October 2017
ECLI:EU:C:2017:820 |
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Information (on unpublished decisions)
Case C-437/16 P Wolf Oil v EUIPO
Appeal — EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark CHEMPIOIL — Earlier figurative mark CHAMPION — Opposition dismissed
Case C-321/17 OJ v Partena and Others
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Insufficient information regarding the factual and legal context of the dispute in the main proceedings and lack of grounds justifying why an answer to the questions referred is necessary — Manifest inadmissibility
Case C-640/16 P Greenpeace Energy v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Action for annulment — Article 263 TFEU — Admissibility — Aid planned by the United Kingdom in favour of Hinkley Point C nuclear power station — Decision declaring the aid compatible with the internal market — Locus standi — Appellant not individually concerned
Case C-405/17 P Mladenova v Parliament
Appeal — Article 181 of the Rules of Procedure — Essential procedural requirements — Representation by a lawyer — Manifest inadmissibility
Case C-204/17 P(R) Hungary v Commission
Appeal — Order for interim measures — State aid — Hungarian tax on advertisement turnover — Progressive nature of the tax rate — Limitation of the possibility to deduct losses carried forward to companies which did not make a profit in 2013 — Decision of the European Commission declaring the aid incompatible with the internal market and ordering its recovery — Application to suspend the operation of that decision — Urgency — No need to adjudicate
Case C-549/16 Agenzia delle Entrate v Palais Kaiserkron
Reference for a preliminary ruling — Taxation — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 401 — Concept of ‘turnover tax’ — Leasing of immovable property used for the purposes of trade — Liability to pay registration duty and VAT
Case C-598/16 P Yanukovych v Council
Appeal — Restrictive measures taken in view of the situation in Ukraine — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the appellant’s name
Case C-599/16 P Yanukovych v Council
Appeal — Restrictive measures taken in view of the situation in Ukraine — List of persons, entities and bodies subject to the freezing of funds and economic resources — Inclusion of the appellant’s name
Case C-166/17 Sportingbet and Internet Opportunity Entertainment v Santa Casa da Misericórdia de Lisboa and Others
Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Restrictions — Operation of games of chance via websites — National legislation providing for a State monopoly — Article 99 of the Rules of Procedure of the Court of Justice — Question identical to a question on which the Court has already ruled or where the reply to such a question may be clearly deduced from existing case-law — Article 102 TFEU and Article 106(1) TFEU — Abuse of a dominant position — National legislation prohibiting advertising of games of chance except for those organised by a single operator subject to strict public-authority control which has been granted the exclusive right to organise such games — Article 53(2) of the Rules of Procedure of the Court of Justice — Question manifestly inadmissible
Case C-224/17 P Hernández Zamora v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Application for registration of the word mark Paloma — Earlier figurative mark Paloma — Opposition proceedings — Regulation (EC) No 207/2009 — Article 8(1)(b) — Likelihood of confusion — Principle of interdependence — Similarity of the marks — Absence
Case C-474/16 Criminal proceedings against Belu Dienstleistung and Nikless
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Identical questions referred for a preliminary ruling — Coordination of social security systems — Regulation (EC) No 883/2004 — Applicable legislation — A1 certificate — Probative value
Joined Cases C-655/16 and C-656/16 Hitachi Rail Italy Investments and Finmeccanica v Consob
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Company law — Directive 2004/25/EC — Takeover bids — Second subparagraph of Article 5(4) — Possibility of changing the price of the bid in specific circumstances and in line with clearly determined criteria — National legislation providing an option for the supervisory authority to increase a takeover bid in the event of collusion between the offeror and the seller
Joined Cases C-454/16 P to C-456/16 P and C-458/16 P Global Steel Wire and Others v Commission
Appeal — Regulation (EC) No 1/2003 — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Infringement of Article 101 TFEU — Fines — 2006 Guidelines on the method of setting fines — Paragraph 35 — Ability to pay — New request for a reduction in the amount of the fine on the ground of inability to pay — Letter of rejection — Action brought against that letter — Admissibility
Joined Cases C-457/16 P and C-459/16 P to C-461/16 P Global Steel Wire and Others v Commission
Appeal — Regulation (EC) No 1/2003 — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Infringement of Article 101 TFEU — Attributability of unlawful conduct of subsidiaries to their parent company — Definition of ‘undertaking’ — Evidence for the finding of an economic unit — Presumption of actual exercise of decisive influence — Successive undertakings — Amount of the fine — Ability to pay — Conditions — Observance of the rights of the defence
Case C-333/17 Caixa Económica Montepio Geral v Pimenta Marinho and Coelho Pimenta Marinho
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Articles 21 and 38 — Non-discrimination — Consumer protection — Contract for a bank loan — Question which does not concern a rule of EU law other than those contained in the Charter of Fundamental Rights — Manifest lack of jurisdiction of the Court
November 2017
Case C-98/15 Espadas Recio v SPEE
Reference for a preliminary ruling — Directive 97/81/EC — Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Clause 4 — Male and female workers — Equal treatment in matters of social security — Directive 79/7/EEC — Article 4 — ‘Vertical’ part-time worker — Unemployment benefit — National legislation excluding days not worked from the contribution period for the purpose of establishing the duration of the benefit
Request for a preliminary ruling from the Juzgado de lo Social de Barcelona
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Sharpston delivered on 16 March 2017
ECLI:EU:C:2017:223 |
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Judgment of the Court (Fifth Chamber) of 9 November 2017
ECLI:EU:C:2017:833 |
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Case C-489/15 CTL Logistics v DB Netz
Reference for a preliminary ruling — Rail transport — Directive 2001/14/EC — Infrastructure charges — Pricing — National regulatory body monitoring the conformity of those infrastructure charges with that directive — Contract for use of infrastructure concluded between a railway infrastructure manager and a railway undertaking — Principle of non-discrimination — Reimbursement of the charges without intervention by that body and outside the claims procedures involving it — National legislation enabling the civil courts to set a fair amount in the case of unfair charges
Request for a preliminary ruling from the Landgericht Berlin
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 24 November 2016
ECLI:EU:C:2016:901 |
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Judgment of the Court (Fifth Chamber) of 9 November 2017
ECLI:EU:C:2017:834 |
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Case C-649/15 P TV2/Danmark v Commission
Appeal — State aid — Article 107(1) TFEU — Public broadcasting service — Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark — Concept of ‘aid granted by a Member State or through State resources’ — Judgment in Altmark
Language of the case: Danish
| Summary |
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Opinion of Advocate General Wathelet delivered on 30 May 2017
ECLI:EU:C:2017:403 |
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Judgment of the Court (First Chamber) of 9 November 2017
ECLI:EU:C:2017:835 |
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Case C-656/15 P Commission v TV2/Danmark
Appeal — State aid — Article 107(1) TFEU — Public broadcasting service — Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark — Concept of ‘aid granted by a Member State or through State resources’
Language of the case: Danish
| Summary |
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Opinion of Advocate General Wathelet delivered on 30 May 2017
ECLI:EU:C:2017:404 |
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Judgment of the Court (First Chamber) of 9 November 2017
ECLI:EU:C:2017:836 |
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Case C-657/15 P Viasat Broadcasting UK v TV2/Danmark
Appeal — State aid — Article 107(1) TFEU — Public broadcasting service — Measures implemented by the Danish authorities in favour of the Danish broadcaster TV2/Danmark — Concept of ‘aid granted by a Member State or through State resources’ — Judgment in Altmark
Language of the case: Danish
| Summary |
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Opinion of Advocate General Wathelet delivered on 30 May 2017
ECLI:EU:C:2017:405 |
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Judgment of the Court (First Chamber) of 9 November 2017
ECLI:EU:C:2017:837 |
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Case C-46/16 Valsts ieņēmumu dienests v LS Customs Services
Reference for a preliminary ruling — Customs union — Regulation (EEC) No 2913/92 — Community Customs Code — Non-Community goods — External Community customs transit procedure — Unlawful removal from customs supervision of goods liable to import duties — Determination of the customs value — Article 29(1) — Conditions for the application of the transaction value method — Articles 30 and 31 — Choice of the method for determining the customs value — Obligation imposed upon the customs authorities to state reasons for the chosen method
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Kokott delivered on 30 March 2017
ECLI:EU:C:2017:247 |
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Judgment of the Court (Fifth Chamber) of 9 November 2017
ECLI:EU:C:2017:839 |
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Case C-204/16 P SolarWorld v Council
Appeal — Dumping — Implementing Regulation (EU) No 1238/2013 — Article 3 — Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China — Definitive anti-dumping duty — Exemption of imports covered by an accepted undertaking — Severability
Language of the case: English
| Summary |
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Opinion of Advocate General Tanchev delivered on 1 June 2017
ECLI:EU:C:2017:423 |
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Judgment of the Court (Ninth Chamber) of 9 November 2017
ECLI:EU:C:2017:838 |
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Case C-205/16 P SolarWorld v Council
Appeal — Subsidies — Implementing Regulation (EU) No 1239/2013 — Article 2 — Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China — Definitive countervailing duty — Exemption of imports covered by an accepted undertaking — Severability
Language of the case: English
| Summary |
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Opinion of Advocate General Tanchev delivered on 1 June 2017
ECLI:EU:C:2017:424 |
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Judgment of the Court (Ninth Chamber) of 9 November 2017
ECLI:EU:C:2017:840 |
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Case C-217/16 Commission v Dimos Zagoriou
Reference for a preliminary ruling — Enforceable decision of the European Commission ordering the recovery of sums paid — Article 299 TFEU — Enforcement — Implementing measures — Identification of the competent national court to hear disputes regarding enforcement — Identification of the person on whom the pecuniary obligation rests — Conditions for application of the national procedural rules — Procedural autonomy of the Member States — Principles of equivalence and effectiveness
Request for a preliminary ruling from the Efeteio Athinon
Language of the case: Greek
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Opinion of Advocate General Bobek delivered on 17 May 2017
ECLI:EU:C:2017:385 |
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Judgment of the Court (Third Chamber) of 9 November 2017
ECLI:EU:C:2017:841 |
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Case C-227/16 Arts v Veevoederbedrijf Alpuro
Reference for a preliminary ruling — Agriculture — Common agricultural policy — Regulation (EC) No 73/2009 — Single payment scheme — Veal farmer who concluded an integration contract — Contractual term under which the single payment is payable to the integration undertaking — Whether permissible
Request for a preliminary ruling from the Gerechtshof Arnhem-Leeuwarden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Tenth Chamber) of 9 November 2017
ECLI:EU:C:2017:842 |
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Case C-298/16 Ispas v Direcţia Generală a Finanţelor Publice Cluj
Reference for a preliminary ruling — General principles of EU law — Right to good administration and rights of the defence — National tax rules providing for the right to be heard and the right to be informed during an administrative tax procedure — Decision to levy value added tax issued by the national tax authorities without giving the taxpayer access to the information and the documents upon which that decision was based
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Bobek delivered on 7 September 2017
ECLI:EU:C:2017:650 |
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Judgment of the Court (Third Chamber) of 9 November 2017
ECLI:EU:C:2017:843 |
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Case C-306/16 Maio Marques da Rosa v Varzim Sol – Turismo, Jogo e Animação
Reference for a preliminary ruling — Protection of the safety and health of workers — Directive 2003/88/EC — Article 5 — Weekly rest period — National legislation providing for at least one rest day per seven-day period — Periods of more than six consecutive working days
Request for a preliminary ruling from the Tribunal da Relação do Porto
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 21 June 2017
ECLI:EU:C:2017:486 |
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Judgment of the Court (Second Chamber) of 9 November 2017
ECLI:EU:C:2017:844 |
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Case C-423/16 P HX v Council
Appeal — Common foreign and security policy — Restrictive measures against the Syrian Arab Republic — Restrictive measures against a person listed in an annex to a decision — Extension of the validity of that decision during proceedings before the General Court of the European Union — Request to modify the application in the course of the hearing and not by a separate document — Article 86 of the Rules of Procedure of the General Court — Bulgarian language version — Annulment by the General Court of the original decision placing the person concerned on the list of persons subject to restrictive measures — Expiry of the extension decision — Continuation of the interest in bringing legal proceedings in relation to the modification of the application
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Kokott delivered on 22 June 2017
ECLI:EU:C:2017:493 |
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Judgment of the Court (First Chamber) of 9 November 2017
ECLI:EU:C:2017:848 |
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Case C-499/16 AZ v Minister Finansów
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 98 — Discretion of the Member States to apply a reduced rate to certain supplies of goods and services — Annexe III, point 1 — Foodstuffs — Pastry goods and cakes — Best-before date or use-by date — Principle of fiscal neutrality
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Judgment of the Court (Sixth Chamber) of 9 November 2017
ECLI:EU:C:2017:846 |
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Case C-552/16 Wind Inovation 1 v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika - Sofia
Reference for a preliminary ruling — Taxation — Common system of value added tax — Directive 2006/112/EC — Dissolution of a company resulting in its removal from the value added tax (VAT) register — Obligation to calculate VAT on available assets and to pay the VAT calculated to the State — Maintenance or amendment of the law existing on the date of accession to the European Union — Second paragraph of Article 176 — Effect on the right to deduct — Article 168
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Sixth Chamber) of 9 November 2017
ECLI:EU:C:2017:849 |
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Case C-641/16 Tünkers France and Tünkers Maschinenbau v Expert France
Reference for a preliminary ruling — Insolvency proceedings — Regulation (EC) No 1346/2000 — Court having jurisdiction — Action for unfair competition brought in the context of insolvency proceedings — Action brought by a company having its registered office in another Member State against the assignee of part of the business of a company subject to insolvency proceedings — Action not part of the proceedings or action deriving directly from those proceedings and closely connected with them
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Judgment of the Court (First Chamber) of 9 November 2017
ECLI:EU:C:2017:847 |
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Case C-671/15 Président de l’Autorité de la concurrence v APVE and Others
Reference for a preliminary ruling — Common agricultural policy — Article 42 TFEU — Regulation (EC) No 2200/96 — Regulation (EC) No 1182/2007 — Regulation (EC) No 1234/2007 — Anticompetitive practices — Article 101 TFEU — Regulation No 26 — Regulation (EC) No 1184/2006 — Producer organisations — Associations of producer organisations — Responsibilities of those organisations and associations — Practice of fixing minimum sale prices — Practice of concertation on quantities placed on the market — Practice of exchanges of strategic information — French endive market
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Wahl delivered on 6 April 2017
ECLI:EU:C:2017:281 |
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Judgment of the Court (Grand Chamber) of 14 November 2017
ECLI:EU:C:2017:860 |
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Case C-122/16 P British Airways v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European airfreight market — Commission decision concerning agreements and concerted practices in respect of several elements of the pricing of airfreight services — Defective statement of reasons — Plea involving a matter of public policy raised by the EU courts of their own motion — Prohibition on ruling ultra petita — Form of order set out in the application at first instance seeking the partial annulment of the decision at issue — The General Court of the European Union prohibited from annulling the decision at issue in its entirety — Article 47 of the Charter of Fundamental Rights of the European Union — Right to an effective remedy
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 30 May 2017
ECLI:EU:C:2017:406 |
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Judgment of the Court (Grand Chamber) of 14 November 2017
ECLI:EU:C:2017:861 |
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Case C-165/16 Lounes v Secretary of State for the Home Department
Reference for a preliminary ruling — Citizenship of the Union — Article 21 TFEU — Directive 2004/38/EC — Beneficiaries — Dual nationality — Union citizen having acquired the nationality of the host Member State while retaining her nationality of origin — Right of residence in that Member State of a third-country national who is a family member of the Union citizen
Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)
Language of the case: English
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Opinion of Advocate General Bot delivered on 30 May 2017
ECLI:EU:C:2017:407 |
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Judgment of the Court (Grand Chamber) of 14 November 2017
ECLI:EU:C:2017:862 |
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Joined Cases C-374/16 and C-375/16 Geissel v Finanzamt Neuss and Finanzamt Bergisch Gladbach v Butin
References for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 168(a), Article 178(a) and Article 226(5) — Deduction of input tax — Compulsory content of invoices — Legitimate expectation on the part of the taxable person regarding the existence of the conditions giving rise to the right to deduct
References for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Opinion of Advocate General Wahl delivered on 5 July 2017
ECLI:EU:C:2017:515 |
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Judgment of the Court (Fifth Chamber) of 15 November 2017
ECLI:EU:C:2017:867 |
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Case C-507/16 Entertainment Bulgaria System v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika - Sofia
Reference for a preliminary ruling — Taxation — Directive 2006/112/EC — Article 168(a), Article 169(a), Article 214(1)(d) and (e), and Articles 289 and 290 — Deductibility of input value added tax (VAT) due or paid — Output transactions carried out in other Member States — Tax exemption scheme in the Member State in which the right to deduct is exercised
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
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Judgment of the Court (Sixth Chamber) of 15 November 2017
ECLI:EU:C:2017:864 |
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Case C-658/15 Robeco Hollands Bezit and Others v AFM
Reference for a preliminary ruling — Directive 2004/39/EC — Markets in financial instruments — Article 4(1)(14) — Definition of ‘regulated market’ — Scope — System in which the participants are brokers representing investors and ‘open end’ investment fund agents required to execute orders relating to their funds
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 26 April 2017
ECLI:EU:C:2017:304 |
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Judgment of the Court (Fourth Chamber) of 16 November 2017
ECLI:EU:C:2017:870 |
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Case C-250/16 P Ludwig-Bölkow-Systemtechnik v Commission
Appeal — Arbitration clause — Sixth framework programme for research, technological development and demonstration activities (2002-2006) — Partial repayment of the sums paid to the appellant — Liquidated damages
Language of the case: German
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Judgment of the Court (Tenth Chamber) of 16 November 2017
ECLI:EU:C:2017:871 |
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Case C-308/16 Kozuba Premium Selection v Dyrektor Izby Skarbowej w Warszawie
Reference for a preliminary ruling — Taxation — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 12(1) and (2) — Article 135(1)(j) — Taxable transactions — Exemption for the supply of buildings — Concept of ‘first occupation’ — Concept of ‘conversion’
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 4 July 2017
ECLI:EU:C:2017:510 |
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Judgment of the Court (Second Chamber) of 16 November 2017
ECLI:EU:C:2017:869 |
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Case C-441/17 R Commission v Poland
Interim relief — Application for interim measures — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Directive 2009/147/EC — Conservation of wild birds
Language of the case: Polish
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Order of the Court (Grand Chamber) of 20 November 2017
ECLI:EU:C:2017:877 |
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Case C-691/15 P Commission v Bilbaína de Alquitranes and Others
Appeal — Environment — Regulation (EC) No 1272/2008 — Classification, labelling and packaging of certain substances and mixtures — Regulation (EU) No 944/2013 — Classification of pitch, coal tar, high-temperature — Categories of acute aquatic toxicity (H400) and chronic aquatic toxicity (H410) — Duty to act diligently — Manifest error of assessment
Language of the case: English
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Opinion of Advocate General Bobek delivered on 7 September 2017
ECLI:EU:C:2017:646 |
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Judgment of the Court (Sixth Chamber) of 22 November 2017
ECLI:EU:C:2017:882 |
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Case C-224/16 Aebtri v Nachalnik na Mitnitsa Burgas
Reference for a preliminary ruling — Customs union — External transit — Road freight transport operation carried out under cover of a TIR carnet — Article 267 TFEU — Jurisdiction of the Court to interpret Articles 8 and 11 of the TIR Convention — TIR operation not discharged — Liability of the guaranteeing association — Article 8(7) of the TIR Convention — Duty of the competent authorities to require payment so far as possible from the person or persons directly liable before making a claim against the guaranteeing association –Explanatory notes annexed to the TIR Convention — Regulation (EEC) No 2454/93 — Article 457(2) — Community Customs Code — Articles 203 and 213 — Persons who acquired or held the goods and who were aware or should reasonably have been aware that they had been removed from customs supervision
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Opinion of Advocate General Bobek delivered on 5 July 2017
ECLI:EU:C:2017:514 |
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Judgment of the Court (Second Chamber) of 22 November 2017
ECLI:EU:C:2017:880 |
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Case C-251/16 Cussens and Others v Brosman
Reference for a preliminary ruling — Common system of value added tax (VAT) — Sixth Directive 77/388/EEC — Article 4(3)(a) and Article 13B(g) — Exemption of the supply of buildings, and of the land on which they stand, other than as described in Article 4(3)(a) — Principle that abusive practices are prohibited — Applicability in the absence of national provisions transposing that principle — Principles of legal certainty and of the protection of legitimate expectations
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
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Opinion of Advocate General Bobek delivered on 7 September 2017
ECLI:EU:C:2017:648 |
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Judgment of the Court (Fourth Chamber) of 22 November 2017
ECLI:EU:C:2017:881 |
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Joined Cases C-596/15 P and C-597/15 P Bionorica and Diapharm v Commission
Appeal — Public health — Consumer protection — Regulation (EC) No 1924/2006 — Health claims on foods — Article 13(3) — List of permitted health claims on foods — Botanical substances — Claims on hold — Action for failure to act — Article 265 TFEU — Defined position of the European Commission — Interest in bringing proceedings — Locus standi
Language of the case: German
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Opinion of Advocate General Bobek delivered on 25 April 2017
ECLI:EU:C:2017:297 |
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Judgment of the Court (Third Chamber) of 23 November 2017
ECLI:EU:C:2017:886 |
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Case C-246/16 Di Maura v Agenzia delle Entrate – Direzione Provinciale di Siracusa
Reference for a preliminary ruling — Value added tax (VAT) — Taxable amount — Sixth Directive 77/388/EEC — Second subparagraph of Article 11C(1) — Restriction of the right to reduce the taxable amount in the event of non-payment by the other party to the contract — Scope for implementation by the Member States — Proportionality of the period of pre-financing by the trader
Request for a preliminary ruling from the Commissione tributaria provinciale di Siracusa
Language of the case: Italian
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Opinion of Advocate General Kokott delivered on 8 June 2017
ECLI:EU:C:2017:440 |
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Judgment of the Court (First Chamber) of 23 November 2017
ECLI:EU:C:2017:887 |
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Case C-292/16 Proceedings brought by A
Reference for a preliminary ruling — Freedom of establishment — Direct taxation — Corporation tax — Directive 90/434/EEC — Article 10(2) — Transfer of assets — Non-resident permanent establishment transferred, in the course of a transfer of assets, to a receiving company also non-resident — Right of the Member State of the transferring company to tax that establishment’s profits or capital gains resulting from the transfer of assets — National legislation providing for immediate taxation of the profits or capital gains in the year of transfer — Collection of the tax due as revenue of the tax year in which the transfer of assets took place
Request for a preliminary ruling from the Helsingin hallinto-oikeus
Language of the case: Finnish
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Opinion of Advocate General Kokott delivered on 13 July 2017
ECLI:EU:C:2017:555 |
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Judgment of the Court (First Chamber) of 23 November 2017
ECLI:EU:C:2017:888 |
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Case C-381/16 Benjumea Bravo de Laguna v Torras Ferrazzuolo
Reference for a preliminary ruling — Regulation (EC) No 207/2009 — EU trade mark — Article 16 — Trade mark as an object of property — Dealing with EU trade marks as national trade marks — Article 18 — Transfer of a trade mark registered in the name of the agent or representative of the trade mark’s proprietor — National provision allowing the possibility of bringing an action for recovery of ownership of a national trade mark registered in fraud of the owner’s rights or in breach of a legal or contractual obligation — Whether compatible with Regulation No 207/2009
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Judgment of the Court (Tenth Chamber) of 23 November 2017
ECLI:EU:C:2017:889 |
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Joined Cases C-427/16 and C-428/16 CHEZ Elektro Bulgaria v Kotsev and FrontEx International v Yanakiev
Reference for a preliminary ruling — Competition — Freedom to provide services — Setting of minimum fee amounts by a lawyers’ professional organisation — Court prohibited from ordering reimbursement of fees in an amount less than those minimum amounts — National legislation considering value added tax (VAT) to form part of the price of a service provided in the performance of professional activities
Requests for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
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Judgment of the Court (First Chamber) of 23 November 2017
ECLI:EU:C:2017:890 |
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Case C-547/16 Gasorba and Others v Repsol Comercial de Productos Petrolíferos
Competition — Article 101 TFEU — Agreements between undertakings — Business relationships between service station operators and oil companies — Long-term exclusive supply agreement for fuel — European Commission decision making an undertaking’s commitments binding — Extent to which national courts are bound by a commitment decision adopted by the Commission — Articles 9(1) and 16(1) of Regulation (EC) No 1/2003
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Opinion of Advocate General Kokott delivered on 14 September 2017
ECLI:EU:C:2017:692 |
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Judgment of the Court (Third Chamber) of 23 November 2017
ECLI:EU:C:2017:891 |
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Case C-514/16 Pinheiro Vieira Rodrigues de Andrade and da Silva Rodrigues de Andrade v Proença Salvador and Others
Reference for a preliminary ruling — Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC — Article 3(1) — Concept of ‘use of vehicles’ — Accident on a farm — Accident involving an agricultural tractor that was stationary but with the engine running in order to drive a spray pump for applying herbicide
Request for a preliminary ruling from the Tribunal da Relação de Guimarães
Language of the case: Portuguese
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Judgment of the Court (Grand Chamber) of 28 November 2017
ECLI:EU:C:2017:908 |
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Case C-214/16 King v The Sash Window Workshop and Dollar
Reference for a preliminary ruling — Protection of the safety and health of workers — Directive 2003/88/EC — Organisation of working time — Article 7 — Allowance in lieu of annual leave paid on termination of the employment relationship — National legislation requiring a worker to take his annual leave without the remuneration in respect of that leave being established
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
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Opinion of Advocate General Tanchev delivered on 8 June 2017
ECLI:EU:C:2017:439 |
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Judgment of the Court (Fifth Chamber) of 29 November 2017
ECLI:EU:C:2017:914 |
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Case C-265/16 VCAST v RTI
Reference for a preliminary ruling — Approximation of laws — Copyright and related rights — Directive 2001/29/EC — Article 5(2)(b) — Private copying exception — Article 3(1) — Communication to the public — Specific technical means — Provision of a cloud computing service for the remote video recording of copies of works protected by copyright, without the consent of the author concerned — Active involvement of the service provider in the recording
Request for a preliminary ruling from the Tribunale di Torino
Language of the case: Italian
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Opinion of Advocate General Szpunar delivered on 7 September 2017
ECLI:EU:C:2017:649 |
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Judgment of the Court (Third Chamber) of 29 November 2017
ECLI:EU:C:2017:913 |
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Information (on unpublished decisions)
Case C-586/15 P-DEP Nestlé Unternehmungen Deutschland v Lotte
Taxation of costs — Manifest inadmissibility
Case C-481/16 Commission v Greece
Failure of a Member State to fulfil obligations — State aid — Aid declared unlawful and incompatible with the internal market — Obligation to recover — Obligation to provide information — Non-implementation — Pleas in defence — Absolute impossibility of implementation
Case C-496/16 Aranyosi
Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Grounds for refusal to execute — Charter of Fundamental Rights of the European Union — Article 4 — Prohibition of inhuman or degrading treatment — Conditions of detention in the issuing Member State — Annulment of the European arrest warrant by the issuing judicial authority — Hypothetical question — No need to adjudicate
Case C-476/16 Hrvatska agencija za civilno zrakoplovstvo v Air Serbia and Kondić
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Whether the body making a reference is a ‘court or tribunal’ — Independence — Manifest inadmissibility of the request for a preliminary ruling
Case C-491/16 Instituto de Financiamento da Agricultura e Pescas v Maxiflor
Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court — Regulation (EC) No 1260/1999 — Regulation (EC, Euratom) No 2988/95 — Article 3(1) — Protection of the European Union’s financial interests — Concept of ‘multiannual programme’ — Scope of application
Case C-243/17 Instituto de Financiamento da Agricultura e Pescas v da Silva Rodrigues
Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court — Regulation (EC) No 1260/1999 — Regulation (EC, Euratom) No 2988/95 — Article 3(1) — Protection of the European Union’s financial interests — Concept of ‘multiannual programme’ — Scope of application
Case C-615/16 Kerr v Fazenda Pública
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 15(2) and Article 135(1)(f) — Rights to use immovable property — Exemptions — Scope — Concept of ‘negotiation’
Case C-232/17 VE v WD
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Credit agreement denominated in a foreign currency — Lack of sufficient information concerning the factual and legal context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred — Manifest inadmissibility
Case C-259/17 Rózsavölgyi v Unicredit Leasing Hungary and Unicredit Leasing Immo Truck
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Consumer protection — Unfair terms in consumer contracts — Loan contract denominated in a foreign currency — Insufficient information regarding the factual and regulatory context of the dispute in the main proceedings and the reasons justifying the need for an answer to the questions referred for a preliminary ruling — Manifest inadmissibility
Case C-424/17 P Kaleychev v European Court of Human Rights
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Lack of jurisdiction of the General Court of the European Union to hear and determine an action seeking annulment of a decision of the European Court of Human Rights — Appeal manifestly inadmissible
Case C-472/15 P SACE and Sace BT v Commission
Appeal — State aid — Export credit insurance — Reinsurance cover provided by a public undertaking to its subsidiary — Capital contributions to cover the subsidiary’s losses — Notion of State aid — Imputability to the State — Private investor test
Case C-107/16 Criminal proceedings against Fidenato
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Agriculture — Genetically modified food and feed — Emergency measures — National measure seeking to prohibit the cultivation of genetically modified maize MON 810 — Adoption and maintenance of the measure — Regulation (EC) No 1829/2003 — Article 34 — Regulation (EC) No 178/2002 — Articles 53 and 54 — Conditions of application — Precautionary principle
Case C-131/17 Cunha Martins v Fundo de Garantia Automóvel
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Charter of Fundamental Rights of the European Union — Article 47 — Right to an effective remedy and to a fair trial — Question which does not concern a rule of EU law other than the Charter of Fundamental Rights — Lack of jurisdiction of the Court
Case C-314/17 „Geocycle Bulgaria“ v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling — Common system of value added tax (VAT) — Principles of fiscal neutrality and effectiveness — Reverse charge regime — Refusal to allow the recipient of an invoice to deduct input VAT — Decision of the tax authorities establishing a tax payable by the recipient of goods
Case C-486/17 Olympus Italia v I.R.C.C.S. CROB
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Public works contracts, public supply contracts and public service contracts — Directive 2014/24/EU — Article 4 — Threshold amount for public contracts — Contracts which may have some cross-border interest — Request manifestly inadmissible
Case C-549/17 P Ukraine v Council
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Appeal relating solely to the amount of the costs set at first instance — Manifest inadmissibility
Case C-550/17 P Ukraine v Yanukovych
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Appeal relating solely to the amount of the costs set at first instance — Manifest inadmissibility
Case C-551/17 P Ukraine v Yanukovych
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Appeal relating solely to the amount of the costs set at first instance — Manifest inadmissibility
Case C-467/17 P Società agricola Taboga Leandro e Fidenato Giorgio v Parliament and Council
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Actions for annulment — Failure to observe the time-limit for instituting proceedings — Company established after the time-limit for instituting proceedings — Alleged existence of force majeure — Article 47 of the Charter of Fundamental Rights of the European Union — Right to an effective remedy and right to a fair trial — Appeal manifestly unfounded
Case C-344/17 IJDF Italy v Dionisio and Fernando
Reference for a preliminary ruling — Consumer contracts — Directive 93/13/EEC — National legislation which permits the main debtor and the guarantor to be brought together before the same court — Derogation from the rules establishing the domicile of the consumer — Article 99 of the Rules of Procedure of the Court
Case C-453/17 P Camerin v Parliament
Appeal — Article 181 of the Rules of Procedure of the Court — Civil Service — Secondment of an official to a political group — Application for an extension of the secondment — Dismissal of application — Measure not open to challenge — Preparatory act
Case C-520/17 P X-cen-tek v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Definition and acquisition of an EU trade mark — Figurative mark representing a triangle — Regulation (EC) No 207/2009 — Registration — Article 7(1)(b) — Absolute grounds for refusal — Mark devoid of distinctive character — Appeal in part manifestly inadmissible and in part manifestly unfounded
December 2017
Case C-600/14 Germany v Council
Action for annulment — External action of the European Union — Article 216(1) TFEU — Article 218(9) TFEU — Establishment of the position to be adopted on behalf of the European Union in a body set up by an international agreement — Revision Committee of the Intergovernmental Organisation for International Carriage by Rail (OTIF) — Amendment of the Convention concerning International Carriage by Rail (COTIF) and the Appendices thereto — Competence shared between the European Union and its Member States — External competence of the European Union in an area where the Union has not yet adopted common rules — Validity of Decision 2014/699/EU — Obligation to state reasons — Principle of sincere cooperation
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 24 April 2017
ECLI:EU:C:2017:296 |
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Judgment of the Court (Grand Chamber) of 5 December 2017
ECLI:EU:C:2017:935 |
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Case C-42/17 Criminal proceedings against M.A.S. and M.B.
Reference for a preliminary ruling — Article 325 TFEU — Judgment of 8 September 2015, Taricco and Others (C‑105/14, EU:C:2015:555) — Criminal proceedings for infringements relating to value added tax (VAT) — National legislation laying down limitation periods liable to prevent the prosecution of infringements — Activities affecting the financial interests of the EU — Obligation to disapply any provisions of national law liable to have an adverse effect on the fulfilment of the Member States’ obligations under EU law — Principle that offences and penalties must be defined by law
Request for a preliminary ruling from the Corte costituzionale
Language of the case: Italian
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Opinion of Advocate General Bot delivered on 18 July 2017
ECLI:EU:C:2017:564 |
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Judgment of the Court (Grand Chamber) of 5 December 2017
ECLI:EU:C:2017:936 |
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Case C-230/16 Coty Germany v Parfümerie Akzente
Reference for a preliminary ruling — Competition — Agreements, decisions and concerted practices — Article 101(1) TFEU — Selective distribution of luxury cosmetics products — Clause prohibiting distributors from making use of a non-authorised third party in the context of internet sales — Regulation (EU) No 330/2010 — Article 4(b) and (c)
Request for a preliminary ruling from the Oberlandesgericht Frankfurt am Main
Language of the case: German
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Opinion of Advocate General Wahl delivered on 26 July 2017
ECLI:EU:C:2017:603 |
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Judgment of the Court (First Chamber) of 6 December 2017
ECLI:EU:C:2017:941 |
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Case C-408/16 Compania Naţională de Administrare a Infrastructurii Rutiere v Ministerul Fondurilor Europene - Direcţia Generală Managementul Fondurilor Externe
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Scope — Regulation (EC) No 1083/2006 — European Regional Development Fund, European Social Fund and Cohesion Fund — Finance agreement for the construction of a motorway concluded with the European Investment Bank before the accession of the Member State to the European Union — Concept of ‘irregularity’ within the meaning of Regulation No 1083/2006
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
| Summary |
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Judgment of the Court (Eighth Chamber) of 6 December 2017
ECLI:EU:C:2017:940 |
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Case C-598/15 Banco Santander v Sánchez López
Reference for a preliminary ruling — Directive 93/13/EEC — Consumer contracts — Unfair terms — Powers of the national court — Effectiveness of the protection afforded to consumers — Mortgage loan agreement — Extrajudicial enforcement procedure — Simplified declaratory court procedure for recognition of the real rights of the successful bidder
Request for a preliminary ruling from the Juzgado de Primera Instancia de Jerez de la Frontera
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Wahl delivered on 29 June 2017
ECLI:EU:C:2017:505 |
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Judgment of the Court (Fifth Chamber) of 7 December 2017
ECLI:EU:C:2017:945 |
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Case C-189/16 Zaniewicz-Dybeck v Pensionsmyndigheten
Reference for a preliminary ruling — Social security for migrant workers — Regulation (EEC) No 1408/71 — Article 46(2) — Article 47(1)(d) — Article 50 — Guaranteed pension — Minimum benefit — Calculation of pension entitlement
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Wathelet delivered on 3 May 2017
ECLI:EU:C:2017:329 |
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Judgment of the Court (Fifth Chamber) of 7 December 2017
ECLI:EU:C:2017:946 |
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Case C-329/16 Snitem and Philips France v Premier ministre and Ministre des Affaires sociales et de la Santé
Reference for a preliminary ruling — Medical devices — Directive 93/42/EEC — Scope — ‘Medical device’ — CE marking — National legislation making drug prescription assistance software subject to a certification procedure laid down by a national authority
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 28 June 2017
ECLI:EU:C:2017:501 |
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Judgment of the Court (Fourth Chamber) of 7 December 2017
ECLI:EU:C:2017:947 |
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Case C-567/16 Merck Sharp & Dohme Corporation v Comptroller-General of Patents
Reference for a preliminary ruling — Industrial and commercial property — Patent law — Medicinal products for human use — Regulation (EC) No 469/2009 — Article (3)(b) — Supplementary protection certificate — Conditions for obtaining — Article 10(3) — Granting of the certificate or rejection of the application for a certificate — Directive 2001/83/EC — Article 28(4) — Decentralised procedure
Request for a preliminary ruling from the High Court of Justice (England & Wales), Chancery Division, Patents Court
Language of the case: English
| Summary |
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Judgment of the Court (Seventh Chamber) of 7 December 2017
ECLI:EU:C:2017:948 |
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Case C-636/16 López Pastuzano v Delegación del Gobierno en Navarra
Reference for a preliminary ruling — Status of third-country nationals who are long-term residents — Directive 2003/109/EC — Article 12 — Adoption of a decision to expel a long-term resident — Matters to be taken into consideration — National legislation — Failure to take those matters into consideration — Whether compatible
Request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo No 1 de Pamplona
Language of the case: Spanish
| Summary |
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Judgment of the Court (Eighth Chamber) of 7 December 2017
ECLI:EU:C:2017:949 |
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Case C-403/16 El Hassani v Minister Spraw Zagranicznych
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EC) No 810/2009 — Article 32(3) — Community Visa Code — Decision to refuse a visa — Right of the applicant to bring an appeal against that decision — Obligation of a Member State to guarantee the right to a judicial appeal
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Opinion of Advocate General Bobek delivered on 7 September 2017
ECLI:EU:C:2017:659 |
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Judgment of the Court (First Chamber) of 13 December 2017
ECLI:EU:C:2017:960 |
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Case C-61/16 P EBMA v Giant (China)
Appeal — Dumping — Regulation (EU) No 502/2013 — Imports of bicycles originating in China — Regulation (EC) No 1225/2009 — Article 18(1) — Cooperation — Definition of ‘necessary information’ — Article 9(5) — Request for individual treatment — Risk of circumvention
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 26 July 2017
ECLI:EU:C:2017:615 |
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Judgment of the Court (Fourth Chamber) of 14 December 2017
ECLI:EU:C:2017:968 |
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Case C-243/16 Miravitlles Ciurana and Others v Contimark and Socias Gispert
Reference for a preliminary ruling — Company law — Directive 2009/101/EC — Articles 2 and 6 to 8 — Directive 2012/30/EU — Articles 19 and 36 –– Charter of Fundamental Rights of the European Union — Articles 20, 21 and 51 — Recovery of claims arising under an employment contract — Right to bring, before the same court, an action against the company and its director, as a person having joint and several liability for the company’s debts
Request for a preliminary ruling from the Juzgado de lo Social de Barcelona
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Bot delivered on 26 July 2017
ECLI:EU:C:2017:620 |
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Judgment of the Court (Fourth Chamber) of 14 December 2017
ECLI:EU:C:2017:969 |
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Case C-305/16 Avon Cosmetics v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling — Value added tax (VAT) — Sixth Directive 77/388/EEC — Article 11A(1)(a) — Taxable amount — Article 17 — Right to deduct — Article 27 — Special derogating measures — Decision 89/534/EEC — Marketing structure based on the supply of goods through non-taxable persons — Taxation on the open market value of the goods as determined at the final stage of the marketing chain — Inclusion of the costs incurred by those persons
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
| Summary |
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Opinion of Advocate General Bobek delivered on 7 September 2017
ECLI:EU:C:2017:651 |
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Judgment of the Court (Third Chamber) of 14 December 2017
ECLI:EU:C:2017:970 |
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Case C-630/16 Proceedings brought by Anstar
Reference for a preliminary ruling — Harmonised conditions for the marketing of construction products — Harmonised standard EN 1090-1:2009+A1:2011 — Criteria for determining the scope of a standard adopted by the European Committee for Standardisation (CEN) in accordance with a mandate of the European Commission — Anchors to be fixed into concrete before it sets and used for fastening facade elements and masonry supports to the building frame
Request for a preliminary ruling from the Helsingin hallinto-oikeus
Language of the case: Finnish
| Summary |
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Judgment of the Court (Eighth Chamber) of 14 December 2017
ECLI:EU:C:2017:971 |
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Case C-66/17 Chudaś v DA Deutsche Allgemeine Versicherung Aktiengesellschaft
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 805/2004 — Scope — European Enforcement Order for uncontested claims — Enforcement orders capable of being certified as European Enforcement Orders — Decision on the amount of costs related to the court proceedings in a judgment not concerning an uncontested claim — Excluded
Request for a preliminary ruling from the Sąd Rejonowy Poznań-Grunwald i Jeżyce w Poznaniu
Language of the case: Polish
| Summary |
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Judgment of the Court (Seventh Chamber) of 14 December 2017
ECLI:EU:C:2017:972 |
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Case C-434/15 Asociación Profesional Elite Taxi v Uber Systems Spain
Reference for a preliminary ruling — Article 56 TFEU — Article 58(1) TFEU — Services in the field of transport — Directive 2006/123/EC — Services in the internal market — Directive 2000/31/EC — Directive 98/34/EC — Information society services — Intermediation service to connect, by means of a smartphone application and for remuneration, non-professional drivers using their own vehicle with persons who wish to make urban journeys — Requirement for authorisation
Request for a preliminary ruling from the Juzgado Mercantil de Barcelona
Language of the case: Spanish
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Opinion of Advocate General Szpunar delivered on 11 May 2017
ECLI:EU:C:2017:364 |
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Judgment of the Court (Grand Chamber) of 20 December 2017
ECLI:EU:C:2017:981 |
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Case C-521/15 Spain v Council
Action for annulment — Implementing Decision (EU) 2015/1289 — Imposition of a fine on a Member State in the context of economic and budgetary surveillance of the euro area — Manipulation of statistical data relating to the deficit of the Member State concerned — Jurisdiction — Regulation (EU) No 1173/2011 — Article 8(1) and (3) — Delegated Decision 2012/678/EU — Articles 2(1) and (3) and 14(2) — Regulation (EC) No 479/2009 — Articles 3(1), 8(1), 11 and 11a — Rights of defence — Charter of Fundamental Rights of the European Union — Article 41(1) — Right to good administration — Articles 121, 126 and 136 TFEU — Protocol No 12 on the excessive deficit procedure — Existence of an infringement — Misrepresentations — Determination of the fine — Principle that penal provisions may not have retroactive effect
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Kokott delivered on 1 June 2017
ECLI:EU:C:2017:420 |
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Judgment of the Court (Grand Chamber) of 20 December 2017
ECLI:EU:C:2017:982 |
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Case C-664/15 Protect Natur-, Arten- und Landschaftsschutz Umweltorganisation v Bezirkshauptmannschaft Gmünd
Reference for a preliminary ruling — Environment — Directive 2000/60/EC — EU action in the field of water policy — Article 4(1) and Article 14(1) — Obligations to prevent deterioration of the status of bodies of surface water and encourage the active involvement of all interested parties in the implementation of the directive — Aarhus Convention — Public participation in decision-making and access to justice in environmental matters — Article 6 and Article 9(3) and (4) — Charter of Fundamental Rights of the European Union — Article 47 — Right to effective judicial protection — Project that is likely to have an impact on water status — Administrative procedure for a permit — Environmental organisation — Application seeking to secure status as a party to the administrative procedure — Possibility of relying on rights deriving from Directive 2000/60/EC — Extinction of the status of party to the procedure and of the right to bring an action if those rights are not exercised within good time during the administrative procedure
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 12 October 2017
ECLI:EU:C:2017:760 |
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Judgment of the Court (Second Chamber) of 20 December 2017
ECLI:EU:C:2017:987 |
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Case C-677/15 P EUIPO v European Dynamics Luxembourg SA and Others
Appeal — Public services contracts — Provision of external services for programme and project management and technical consultancy in the field of information technologies — Cascade procedure — Weighting of sub-criteria within the award criteria — Principles of equal opportunity and transparency — Manifest errors of assessment — Failure to state reasons — Loss of opportunity — Non-contractual liability of the European Union — Claim for damages
Language of the case: English
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 11 May 2017
ECLI:EU:C:2017:363 |
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Judgment of the Court (Fourth Chamber) of 20 December 2017
ECLI:EU:C:2017:998 |
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Joined Cases C-66/16 P to C-69/16 P Comunidad Autónoma del País Vasco and Others v Commission
Appeal — State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less urbanised areas — Subsidies granted to operators of digital terrestrial television platforms — Decision declaring the aid incompatible in part with the internal market — Concept of ‘State aid’ — Advantage — Service of general economic interest — Definition — Discretion of the Member States
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Wathelet delivered on 7 September 2017
ECLI:EU:C:2017:654 |
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Judgment of the Court (Fourth Chamber) of 20 December 2017
ECLI:EU:C:2017:999 |
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Case C-70/16 P Comunidad Autónoma de Galicia and Retegal v Commission
Appeal — State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less urbanised areas — Subsidies granted to operators of digital terrestrial television platforms — Decision declaring the aid incompatible in part with the internal market — Concept of ‘State aid’ — Advantage — Service of general economic interest — Definition — Discretion of the Member States
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Wathelet delivered on 7 September 2017
ECLI:EU:C:2017:654 |
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Judgment of the Court (Fourth Chamber) of 20 December 2017
ECLI:EU:C:2017:1002 |
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Case C-81/16 P Spain v Commission
Appeal — State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less urbanised areas — Subsidies granted to operators of digital terrestrial television platforms — Decision declaring the aid incompatible in part with the internal market — Concept of ‘State aid’ — Advantage — Service of general economic interest — Definition — Discretion of the Member States
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Wathelet delivered on 7 September 2017
ECLI:EU:C:2017:654 |
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Judgment of the Court (Fourth Chamber) of 20 December 2017
ECLI:EU:C:2017:1003 |
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Case C-102/16 Vaditrans v Belgische Staat
Reference for a preliminary ruling — Road transport — Driver’s rest periods — Regulation (EC) No 561/2006 — Article 8(6) and (8) — Whether it is possible to take daily rest periods and reduced weekly rest periods away from base and in a vehicle — Exclusion of regular weekly rest periods
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Tanchev delivered on 2 February 2017
ECLI:EU:C:2017:82 |
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Judgment of the Court (Tenth Chamber) of 20 December 2017
ECLI:EU:C:2017:1012 |
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Case C-158/16 Vega González v Consejería de Hacienda y Sector Público del gobierno del Principado de Asturias
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Concept of ‘employment conditions’ — Placement on the administrative status for special service leave — National legislation providing for special leave to be granted, in case of election to public office, only to established civil servants, to the exclusion of non-established civil servants
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo de Oviedo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Sharpston delivered on 7 September 2017
ECLI:EU:C:2017:647 |
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Judgment of the Court (Tenth Chamber) of 20 December 2017
ECLI:EU:C:2017:1014 |
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Case C-178/16 Impresa di Costruzioni Ing. E. Mantovani and Guerrato v Provincia autonoma di Bolzano and Others
Reference for a preliminary ruling — Public works contracts — Directive 2004/18/EC — Article 45(2) and (3) — Conditions for exclusion from participation in public procurement — Declaration regarding the absence of convictions of former directors of the tendering company — Criminal conduct of a former director — Criminal conviction — Actual and complete dissociation between the tendering company and that director — Evidence — Assessment by the contracting entity of the requirements relating to that obligation
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 21 June 2017
ECLI:EU:C:2017:487 |
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Judgment of the Court (Fourth Chamber) of 20 December 2017
ECLI:EU:C:2017:1000 |
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Case C-226/16 Eni and Others v Premier ministre and Ministre de l’Environnement, de l’Énergie et de la Mer
Reference for a preliminary ruling — Energy — Gas industry — Security of gas supply — Regulation (EU) No 994/2010 — Obligation of natural gas undertakings to take measures to safeguard the supply of gas to protected customers — Point 1 of the second paragraph of Article 2 — Definition of ‘protected customers’ — Article 8(2) — Additional obligation — Article 8(5) — Possibility for natural gas undertakings of fulfilling their obligation at regional level or at Union level — National legislation imposing on gas suppliers an additional gas storage obligation, the scope of which includes customers who are not protected customers within the meaning of Regulation No 994/2010 — Obligation to be fulfilled, as regards 80% of the gas stored, on the territory of the Member State concerned
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 26 July 2017
ECLI:EU:C:2017:616 |
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Judgment of the Court (Fifth Chamber) of 20 December 2017
ECLI:EU:C:2017:1005 |
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Case C-255/16 Criminal proceedings against Falbert and Others
Reference for a preliminary ruling — Information procedure in the field of technical rules and regulations — National legislation clarifying or introducing a prohibition on unauthorised offering of gaming, lotteries and betting and introducing a prohibition on unauthorised offering of advertising for gaming, lotteries and betting
Request for a preliminary ruling from the Københavns Byret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Bobek delivered on 26 July 2017
ECLI:EU:C:2017:608 |
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Judgment of the Court (First Chamber) of 20 December 2017
ECLI:EU:C:2017:983 |
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Case C-268/16 P Binca Seafoods v Commission
Appeal — Regulation (EC) No 834/2007 — Production and labelling of organic products — Regulation (EC) No 889/2008 — Implementing Regulation (EU) No 1358/2014 — Interest in bringing proceedings — Notion of ‘personal benefit’
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 8 June 2017
ECLI:EU:C:2017:444 |
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Judgment of the Court (Fourth Chamber) of 20 December 2017
ECLI:EU:C:2017:1001 |
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Case C-276/16 Prequ' Italia v Agenzia delle Dogane e dei Monopoli
Reference for a preliminary ruling — Principle of protection of the rights of the defence — Right to be heard — Regulation (EEC) No 2913/92 — Community Customs Code — Article 244 — Recovery of a customs debt — Lack of prior hearing of the addressee before the adoption of an amended tax assessment — Right of the addressee to obtain suspension of the implementation of the amended tax assessment — Lack of automatic suspension in the event of the bringing of administrative proceedings — Reference to the conditions provided for in Article 244 of the Customs Code
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Judgment of the Court (Seventh Chamber) of 20 December 2017
ECLI:EU:C:2017:1010 |
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Case C-277/16 Polkomtel v Prezes Urzędu Komunikacji Elektronicznej
Reference for a preliminary ruling — Common regulatory framework for electronic communications networks and services — Directive 2002/21/EC — Articles 8 and 16 — Directive 2002/19/EC — Articles 8 and 13 — Operator designated as having significant market power — Price control — Obligations imposed by national regulatory authorities — Obligation to ensure cost orientation of prices — Prices set below the costs incurred by the operator concerned for the provision of voice call termination services on mobile networks — Charter of Fundamental Rights of the European Union — Article 16 — Freedom to conduct a business — Proportionality
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
| Summary |
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Opinion of Advocate General Tanchev delivered on 26 July 2017
ECLI:EU:C:2017:611 |
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Judgment of the Court (Second Chamber) of 20 December 2017
ECLI:EU:C:2017:989 |
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Case C-291/16 Schweppes v Red Paralela and Red Paralela BCN
Reference for a preliminary ruling — Approximation of laws — Trade marks — Directive 2008/95/EC — Article 7(1) — Exhaustion of the rights conferred by a trade mark — Parallel trade marks — Assignment of trade marks in respect of part of the European Economic Area (EEA) — Commercial strategy deliberately promoting the image of a single global trade mark following that assignment — Independent proprietors nonetheless maintaining close commercial and economic relations
Request for a preliminary ruling from the Juzgado de lo Mercantil n° 8 de Barcelona
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 12 September 2017
ECLI:EU:C:2017:666 |
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Judgment of the Court (Second Chamber) of 20 December 2017
ECLI:EU:C:2017:990 |
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Case C-322/16 Global Starnet v Ministero dell'Economia e delle Finanze and Amministrazione Autonoma Monopoli di Stato
Reference for a preliminary ruling — Freedom to provide services, freedom of establishment, free movement of capital and freedom to conduct a business — Restrictions — Award of new licences for the online operation of gaming — Principles of legal certainty and protection of legitimate expectations — Judgment of the Constitutional Court — Whether or not the national court is obliged to refer a question to the Court of Justice for a preliminary ruling
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wahl delivered on 8 June 2017
ECLI:EU:C:2017:442 |
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Judgment of the Court (First Chamber) of 20 December 2017
ECLI:EU:C:2017:985 |
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Case C-334/16 Núñez Torreiro v AIG Europe and Unespa
Reference for a preliminary ruling — Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 2009/103/EC — Article 3, first paragraph — Concept of ‘use of vehicles’ — National legislation excluding the driving of motor vehicles on roads and terrain that are not ‘suitable for use by motor vehicles’, with the exception of those which, though not suitable, are nonetheless ‘ordinarily so used’)
Request for a preliminary ruling from the Audiencia Provincial de Albacete
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Bot delivered on 14 June 2017
ECLI:EU:C:2017:455 |
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Judgment of the Court (Sixth Chamber) of 20 December 2017
ECLI:EU:C:2017:1007 |
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Case C-372/16 Sahyouni v Mamisch
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EU) No 1259/2010 — Enhanced cooperation in the area of the law applicable to divorce and legal separation — Recognition of a private divorce obtained before a religious court in a third country — Scope of that regulation
Request for a preliminary ruling from the Oberlandesgericht München
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 14 September 2017
ECLI:EU:C:2017:686 |
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Judgment of the Court (First Chamber) of 20 December 2017
ECLI:EU:C:2017:988 |
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Case C-393/16 Comité Interprofessionnel du Vin de Champagne v Aldi Süd
Reference for a preliminary ruling — Common organisation of the markets in agricultural products — Protection of protected designations of origin (PDOs) — Regulation (EC) No 1234/2007 — Article 118m(2)(a)(ii), (b) and (c) — Regulation (EU) No 1308/2013 — Article 103(2)(a)(ii), (b) and (c) — Scope — Exploitation of the reputation of a PDO — Misuse, imitation or evocation of a PDO — False or misleading indication — PDO ‘Champagne’ used in the name of a foodstuff — The name ‘Champagner Sorbet’ — Foodstuff containing champagne as an ingredient — Ingredient conferring on the foodstuff an essential characteristic)
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 20 July 2017
ECLI:EU:C:2017:581 |
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Judgment of the Court (Second Chamber) of 20 December 2017
ECLI:EU:C:2017:991 |
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Joined Cases C-397/16 and C-435/16 Acacia v Pneusgarda and Audi and Acacia and D'Amato v Dr. Ing. h.c.F. Porsche
References for a preliminary ruling — Regulation (EC) No 6/2002 — Community designs — Article 110(1) — No protection — ‘Repair’ clause — Concept of ‘component part of a complex product’ — Repair of the complex product so as to restore its original appearance — Measures to be adopted by the user for the purposes of relying on the ‘repair’ clause — Replica car wheel rim identical to the original wheel rim design
Requests for a preliminary ruling from the Corte d'appello di Milano and the Bundesgerichtshof
Languages of the case: Italian and German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 28 September 2017
ECLI:EU:C:2017:730 |
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Judgment of the Court (Second Chamber) of 20 December 2017
ECLI:EU:C:2017:992 |
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Case C-419/16 Simma Federspiel v Provincia autonoma di Bolzano and Equitalia Nord
Reference for a preliminary ruling — Freedom of establishment and freedom of movement for workers — Articles 45 and 49 TFEU — Mutual recognition of diplomas, certificates and other evidence of formal qualifications in medicine — Directives 75/363/EEC and 93/16/EEC — Remuneration of trainee specialist doctors
Request for a preliminary ruling from the Tribunale di Bolzano
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wahl delivered on 13 September 2017
ECLI:EU:C:2017:677 |
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Judgment of the Court (Third Chamber) of 20 December 2017
ECLI:EU:C:2017:997 |
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Case C-434/16 Nowak v Data Protection Commissioner
Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Directive 95/46/EC — Article 2(a) — Concept of ‘personal data’ — Written answers submitted by a candidate in a professional examination — Examiner’s comments with respect to those answers — Article 12(a) and (b) — Extent of the data subject’s rights to access and rectification
Request for a preliminary ruling from the Supreme Court
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 20 July 2017
ECLI:EU:C:2017:582 |
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Judgment of the Court (Second Chamber) of 20 December 2017
ECLI:EU:C:2017:994 |
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Case C-442/16 Gusa v Minister for Social Protection and Others
Reference for a preliminary ruling — Directive 2004/38/EC — Person no longer working in a self-employed capacity — Retention of the status of self-employed person — Right of residence — Legislation of a Member State restricting eligibility for a jobseeker’s allowance to persons who have a right of residence on the territory of that Member State
Request for a preliminary ruling from the Court of Appeal (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 26 July 2017
ECLI:EU:C:2017:607 |
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Judgment of the Court (Fifth Chamber) of 20 December 2017
ECLI:EU:C:2017:1004 |
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Case C-462/16 Finanzamt Bingen-Alzey v Boehringer Ingelheim Pharma
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 90(1) — Reduction of the price under conditions determined by the Member States — Reduction of the taxable amount — Principles laid down in the judgment of 24 October 1996, Elida Gibbs (C‑317/94, EU:C:1996:400) — Discounts granted to private medical insurance funds
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Tanchev delivered on 11 July 2017
ECLI:EU:C:2017:534 |
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Judgment of the Court (Fifth Chamber) of 20 December 2017
ECLI:EU:C:2017:1006 |
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Case C-467/16 Schlömp v Landratsamt Schwäbisch Hall
Reference for a preliminary ruling — Area of Freedom, Security and Justice — Judicial cooperation in civil matters — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Lugano II Convention — Lis pendens — Concept of ‘court’ — Arbitration authority under Swiss law, responsible for the conciliation procedure prior to all substantive proceedings
Request for a preliminary ruling from the Amtsgericht Stuttgart
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 18 October 2017
ECLI:EU:C:2017:768 |
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Judgment of the Court (Second Chamber) of 20 December 2017
ECLI:EU:C:2017:993 |
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Case C-492/16 Incyte v Szellemi Tulajdon Nemzeti Hivatala
Reference for a preliminary ruling — Intellectual and industrial property — Patents — Medicinal products for human use — Regulation (EC) No 469/2009 — Article 18 — Plant-protection products — Regulation (EC) No 1610/96 — Article 17(2) — Supplementary protection certificate — Duration — Fixing the date of expiry — Consequences of a judgment of the Court — Possibility or requirement to rectify the date of expiry
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Second Chamber) of 20 December 2017
ECLI:EU:C:2017:995 |
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Case C-500/16 Caterpillar Financial Services v Dyrektor Izby Skarbowej w Warszawie
Reference for a preliminary ruling — Taxation — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 135(1)(a) — Exemptions — Taxes levied in breach of EU law — Obstacles to the refund of an overpayment of VAT — Article 4(3) TEU — Principles of equivalence, effectiveness and sincere cooperation — Rights conferred on individuals — Expiry of the limitation period for the tax liability — Effects of a judgment of the Court — Principle of legal certainty
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Judgment of the Court (Second Chamber) of 20 December 2017
ECLI:EU:C:2017:996 |
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Joined Cases C-504/16 and C-613/16 Deister Holding and Juhler Holding v Bundeszentralamt für Steuern
References for a preliminary ruling — Direct taxation — Freedom of establishment — Directive 90/435/EEC — Article 1(2) — Article 5 — Parent company — Holding company — Withholding tax on profits distributed to a non-resident parent holding company — Exemption — Fraud, tax evasion and abuse — Presumption
References for a preliminary ruling from the Finanzgericht Köln
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 20 December 2017
ECLI:EU:C:2017:1009 |
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Case C-516/16 Erzeugerorganisation Tiefkühlgemüse v Agrarmarkt Austria
Reference for a preliminary ruling — Agriculture — Common organisation of the markets — Operational programme in the fruit and vegetables sector — Regulation (EC) No 1234/2007, as amended by Regulation (EC) No 361/2008 — Articles 103b, 103d and 103g — EU financial aid — Regulation (EU) No 543/2011 — Article 60 and point 23 of Annex IX — Investments on the holdings and/or premises of the producer organisations — Concept — Legitimate expectations — Legal certainty
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Judgment of the Court (Seventh Chamber) of 20 December 2017
ECLI:EU:C:2017:1011 |
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Case C-529/16 Hamamatsu Photonics Deutschland v Hauptzollamt München
Reference for a preliminary ruling — Common Customs Tariff — Customs Code — Article 29 — Determination of the customs value — Cross-border transactions between related companies — Advance transfer pricing arrangement — Agreed transfer price composed of an amount initially invoiced and a flat-rate adjustment made after the end of the accounting period
Request for a preliminary ruling from the Finanzgericht München
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber) of 20 December 2017
ECLI:EU:C:2017:984 |
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Case C-649/16 Valach and Others v Waldviertler Sparkasse Bank and Others
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Scope — Action for liability in tort against the members of a committee of creditors which rejected a restructuring plan in insolvency proceedings
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber) of 20 December 2017
ECLI:EU:C:2017:986 |
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Case C-571/17 PPU Ardic
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Surrender procedures between Member States — Conditions for execution — Grounds for optional non-execution — Article 4a(1) of Framework Decision 2009/299/JHA — Arrest warrant issued for the purpose of executing a custodial sentence — ‘Trial resulting in the decision’ — Scope — Person sentenced to a custodial sentence in final proceedings conducted in his presence — Execution of sentence subsequently suspended in part subject to certain conditions — Subsequent proceedings leading to revocation of the suspension due to non-compliance with those conditions — Revocation proceedings conducted in the absence of the person concerned
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bobek delivered on 20 December 2017
ECLI:EU:C:2017:1013 |
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Judgment of the Court (Fifth Chamber) of 22 December 2017
ECLI:EU:C:2017:1026 |
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Information (on unpublished decisions)
Case C-323/16 P Eurallumina v Commission
Appeal — State aid — Article 181 of the Rules of Procedure of the Court of Justice — Intervention — Cross-appeal — Admissibility — Exemption from excise duty on mineral oils used as fuel for alumina production — Principle of presumption of the legality and of the effet utile of acts of the institutions — Principle lex specialis derogat legi generali — Selective nature of the measure — Existing or new aid — Regulation (EC) No 659/1999 — Article 1(b)(ii) — Principle of legal certainty — Principle of the protection of legitimate expectations — Duty to state reasons
Case C-369/16 P Ireland v Commission
Appeal — State aid — Article 181 of the Rules of Procedure of the Court of Justice — Exemption from excise duty on mineral oils used as fuel for alumina production — Existing or new aid — Regulation (EC) No 659/1999 — Article 1(b)(i) and (iv), and (d) — Limitation — Article 15 — Principle of legal certainty — Principle of the protection of legitimate expectations
Case C-373/16 P Aughinish Alumina v Commission
Appeal — State aid — Article 181 of the Rules of Procedure of the Court of Justice — Exemption from excise duty on mineral oils used as fuel for alumina production — Existing or new aid — Regulation (EC) No 659/1999 — Article 1(b)(i) — Principle of the protection of legitimate expectations — Duty to state reasons
Case C-446/17 Woonhaven Antwerpen v Berkani and Hajji
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Unfair terms — Rental contract concluded between a recognised social housing association and a tenant — Model rental contract made binding by an act of national legislation — Directive 93/13/EEC — Article 1(2) — Inapplicability of that directive
Case C-487/16 P Telefónica v Commission
Appeal — Agreements, decisions and concerted practices — Portuguese and Spanish telecommunications markets — Non-competition clause contained in an agreement entered into between two companies — Restriction by object — Rights of defence — Refusal to hear witnesses — Fines — Gravity of the infringement — Mitigating circumstances)
Case C-468/17 P Morton's of Chicago v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — Relative ground for invalidity — Declaration of invalidity — Figurative mark MORTON’S — Earlier non-registered national trade marks — Interpretation and application of national law — Action for passing off
Case C-101/17 P Verus v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — EU word mark LUCEO — Declaration of invalidity
Case C-401/17 P Double 'W' Enterprises v Spain
Appeal — Article 181 of the Rules of Procedure of the Court of Justice –– Request for a preliminary ruling –– Lack of jurisdiction of the General Court of the European Union — Appeal manifestly unfounded
Case C-499/17 P Torres v Alma-The Soul of Italian Wine
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Regulation (EC) No 207/2009 — Article 8(5) — Application for registration of the figurative mark containing the word elements ‘sotto il sole italiano’ and ‘sotto il sole’ — Opposition proceedings — Rejection of the application for registration — Annulment of the decision upholding the opposition
Case C-364/16 P Trioplast Industrier v Commission
Appeal — Agreements, decisions and concerted practices — Market in industrial plastic bags — Formal notice from the European Commission to the appellant for the payment of default interest on the amount of the fine imposed — Action for annulment and for damages
January 2018
Case C-240/17 E
Reference for a preliminary ruling — Third-country national staying illegally in a Member State — Threat to public order and national security — Directive 2008/115/EC — Article 6(2) — Return decision — Ban on entry to the territory of the Member States — Alert for the purposes of refusing admission to the Schengen Area –– Third-country national holding a valid residence permit issued by another Member State — Convention implementing the Schengen Agreement — Article 25(2) — Consultation procedure between the Member State issuing the alert and the Member State which issued the residence permit — Time limit — Failure of the Contracting State consulted to adopt a position — Consequences for the enforcement of return decisions and entry ban)
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Kokott delivered on 13 December 2017
ECLI:EU:C:2017:963 |
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Judgment of the Court (Fifth Chamber) of 16 January 2018
ECLI:EU:C:2018:8 |
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Case C-363/16 Commission v Greece
Failure of a Member State to fulfil obligations — State aid — Aid declared unlawful and incompatible with the internal market — Obligation to recover — Second subparagraph of Article 108(2) TFEU — Regulation (EC) No 659/1999 — Article 14(3) — Undertaking benefiting from the aid declared insolvent — Insolvency proceedings — Registration of the liabilities in the schedule of liabilities — Cessation of activities — Suspension of insolvency proceedings for the purposes of examining the prospect of relaunching the business — Obligation to provide information — Failure to perform
Language of the case: Greek
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Opinion of Advocate General Sharpston delivered on 10 October 2017
ECLI:EU:C:2017:746 |
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Judgment of the Court (First Chamber) of 17 January 2018
ECLI:EU:C:2018:12 |
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Case C-676/16 CORPORATE COMPANIES v Ministerstvo financí ČR
Reference for a preliminary ruling — Prevention of the use of the financial system for the purpose of money laundering and terrorist financing — Directive 2005/60/EC — Scope — Article 2(1), point 3(c) and Article 3, point 7(a) — Business activity of an undertaking consisting in the sale of companies already entered in the Register of Companies and formed solely for the purposes of sale — Sale by means of the transfer of the undertaking’s holding in the ready-made company
Request for a preliminary ruling from Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Judgment of the Court (First Chamber) of 17 January 2018
ECLI:EU:C:2018:13 |
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Case C-249/15 Wind 1014 and Daell v Skatteministeriet
References for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Restrictions — Motor vehicle leased by a resident of one Member State from a leasing company established in another Member State — Registration tax calculated proportionately to the duration of use of the vehicle — Requirement of approval from the national tax authorities before use — Justification — Prevention of circumvention of tax rules and fraud or abuse — Safeguarding States’ powers of taxation — Proportionality
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
| Summary |
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Judgment of the Court (Ninth Chamber) of 18 January 2018
ECLI:EU:C:2018:21 |
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Case C-270/16 Ruiz Conejero v Ferroser Servicios Auxiliares and Ministerio Fiscal
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(2)(b)(i) — Prohibition of discrimination based on disability — National legislation permitting, subject to certain conditions, the dismissal of an employee by reason of intermittent absences, even where justified — Worker’s absences resulting from illnesses linked to his disability — Difference in treatment based on disability — Indirect discrimination — Whether justified — Combating absenteeism in the workplace — Whether appropriate — Whether proportionate
Request for a preliminary ruling from the Juzgado de lo Social de Cuenca
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Sharpston delivered on 19 October 2017
ECLI:EU:C:2017:788 |
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Judgment of the Court (Third Chamber) of 18 January 2018
ECLI:EU:C:2018:17 |
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Case C-463/16 Stadion Amsterdam v Staatssecretaris van Financiën
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 77/388/EEC — Third subparagraph of Article 12(3)(a) — Reduced rate of VAT — Annex H, category 7 — Single supply comprised of two distinct elements — Selective application of a reduced rate of VAT to one of those elements — ‘World of Ajax’ tour — Visit to the AFC Ajax museum
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Ninth Chamber) of 18 January 2018
ECLI:EU:C:2018:22 |
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Case C-45/17 Jahin v Ministre de l'Économie et des Finances and Ministre des Affaires sociales et de la Santé
Reference for a preliminary ruling — Free movement of capital — Articles 63 TFEU and 65 TFEU — Regulation (EC) No 883/2004 — Article 11 — Levies on income from assets contributing to the financing of the social security scheme of a Member State — Exemption for nationals of the European Union affiliated to a social security scheme of another Member State — Natural persons affiliated to a social security scheme of a third country — Difference of treatment — Restriction — Justification
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Judgment of the Court (Tenth Chamber) of 18 January 2018
ECLI:EU:C:2018:18 |
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Case C-58/17 INEOS v Bundesrepublik Deutschland
Reference for a preliminary ruling — Environment — Scheme for greenhouse gas emission allowance trading within the European Union — Directive 2003/87/EC — Article 10a — Transitional rules for harmonised free allocation of emission allowances — Period 2013-2020 — Decision 2011/278/EU — Article 3(h) — Concept of ‘process emissions sub-installation’ — Emissions stemming from the combustion of incompletely oxidised carbon — Liquid waste — Excluded
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 18 January 2018
ECLI:EU:C:2018:19 |
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Case C-179/16 F. Hoffmann-La Roche and Others v Autorità Garante della Concorrenza e del Mercato
Reference for a preliminary ruling — Competition — Article 101 TFEU — Agreements, decisions and concerted practices — Medicinal products — Directive 2001/83/EC — Regulation (EC) No 726/2004 — Allegations of risks associated with the use of a medicinal product for a treatment not covered by its marketing authorisation (off-label) — Definition of relevant market — Ancillary restriction — Restriction of competition by object — Exemption
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 21 September 2017
ECLI:EU:C:2017:714 |
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Judgment of the Court (Grand Chamber) of 23 January 2018
ECLI:EU:C:2018:25 |
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Case C-267/16 Buhagiar and Others v Minister for Justice
Reference for a preliminary ruling — Territorial scope of EU law — Article 355(3) TFEU — Act concerning the Conditions of Accession of the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland and the Adjustments to the Treaties — Article 29 — Point 4 of Section I of Annex I — Exclusion of Gibraltar from the customs territory of the European Union — Implications — Directive 91/477/EEC — Article 1(4) — Article 12(2) — Annex II — European firearms pass — Hunting and target shooting activities — Applicability to the territory of Gibraltar — Obligation to transpose — No such obligation — Validity
Request for a preliminary ruling from the Supreme Court of Gibraltar
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 12 September 2017
ECLI:EU:C:2017:665 |
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Judgment of the Court (Grand Chamber) of 23 January 2018
ECLI:EU:C:2018:26 |
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Case C-367/16 Piotrowski
Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Surrender procedures between Member States — Grounds for mandatory non-execution — Article 3(3) — Minors — Requirement to verify the minimum age at which a minor may be regarded as criminally responsible or assessment, in each individual case, of the additional conditions laid down by the law of the executing Member State in order specifically to prosecute or convict a minor
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bot delivered on 6 September 2017
ECLI:EU:C:2017:636 |
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Judgment of the Court (Grand Chamber) of 23 January 2018
ECLI:EU:C:2018:27 |
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Case C-433/15 Commission v Italy
Failure of a Member State to fulfil obligations — Milk and milk products — Additional levy on milk — Tax years 1995/1996 to 2008/2009 — Regulation (EC) No 1234/2007 — Articles 79, 80 and 83 — Regulation (EC) No 595/2004 — Articles 15 and 17 — Infringement — Lack of effective payment of the levy within the time limits prescribed — Failure of recovery in the event of non-payment of the levy
Language of the case: Italian
| Summary |
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Opinion of Advocate General Sharpston delivered on 13 July 2017
ECLI:EU:C:2017:552 |
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Judgment of the Court (Fourth Chamber) of 24 January 2018
ECLI:EU:C:2018:31 |
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Joined Cases C-616/16 and C-617/16 Presidenza del Consiglio dei Ministri and Others v Pantuso and Others
Reference for a preliminary ruling — Coordination of provisions laid down by law, regulation or administrative action in respect of activities of doctors — Directives 75/363/EEC and 82/76/EEC — Specialist medical training — Appropriate remuneration — Application of Directive 82/76/EEC to training begun before the prescribed deadline for the Member States to transpose it and completed after that date
Requests for a preliminary ruling from Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Judgment of the Court (Eighth Chamber) of 24 January 2018
ECLI:EU:C:2018:32 |
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Case C-634/16 P EUIPO v European Food
Appeal — EU trade mark — Invalidity proceedings — Word mark FITNESS — Dismissal of the application for a declaration of invalidity
Language of the case: English
| Summary |
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Judgment of the Court (First Chamber) of 24 January 2018
ECLI:EU:C:2018:30 |
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Case C-314/16 Commission v Czech Republic
Failure of a Member State to fulfil obligations — Transport — Directive 2006/126/EC — Driving licences — Definitions of categories C1, C and D1
Language of the case: Czech
| Summary |
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Opinion of Advocate General Bot delivered on 7 September 2017
ECLI:EU:C:2017:652 |
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Judgment of the Court (Ninth Chamber) of 25 January 2018
ECLI:EU:C:2018:42 |
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Case C-360/16 Bundesrepublik Deutschland v Hasan
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national –– Procedures and periods laid down for making a take back request –– Unlawful return of a third-country national to a Member State that has transferred him — Article 24 — Take back procedure –– Article 27 — Remedy — Scope of judicial review — Circumstances after the transfer
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
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Opinion of Advocate General Bot delivered on 7 September 2017
ECLI:EU:C:2017:653 |
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Judgment of the Court (Third Chamber) of 25 January 2018
ECLI:EU:C:2018:35 |
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Case C-473/16 F v Bevándorlási és Állampolgársági Hivatal
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Article 7 — Respect for private and family life — Directive 2011/95/EU — Standards for granting refugee status or subsidiary protection status — Fear of persecution on grounds of sexual orientation — Article 4 — Assessment of facts and circumstances — Recourse to an expert’s report — Psychological tests
Request for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Wahl delivered on 5 October 2017
ECLI:EU:C:2017:739 |
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Judgment of the Court (Third Chamber) of 25 January 2018
ECLI:EU:C:2018:36 |
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Case C-498/16 Schrems v Facebook Ireland
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EC) No 44/2001 — Articles 15 and 16 — Jurisdiction in respect of consumer contracts — Definition of ‘consumer’ — Assignment between consumers of claims against the same trader or professional
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 14 November 2017
ECLI:EU:C:2017:863 |
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Judgment of the Court (Third Chamber) of 25 January 2018
ECLI:EU:C:2018:37 |
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Joined Cases C-360/15 and C-31/16 College van Burgemeester en Wethouders van de gemeente Amersfoort v X and Visser Vastgoed Beleggingen v Raad van de gemeente Appingedam
Reference for a preliminary ruling — Services in the internal market — Directive 2006/123/EC — Scope — Article 2(2)(c) — Exclusion of electronic communications services and networks — Article 4(1) — Concept of ‘service’ — Retail trade in goods — Chapter III — Freedom of establishment of service providers — Applicability in purely internal situations — Article 15 — Requirements to be evaluated — Territorial restriction — Zoning plan prohibiting the activity of retail trade in goods other than bulky goods in geographical zones situated outside the city centre — Protection of the urban environment — Authorisation of electronic communications services and networks — Directive 2002/20/EC — Financial payments attached to rights to install facilities for a public electronic communications network
Requests for a preliminary ruling from the Hoge Raad der Nederlanden and Raad van State
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 18 May 2017
ECLI:EU:C:2017:397 |
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Judgment of the Court (Grand Chamber) of 30 January 2018
ECLI:EU:C:2018:44 |
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Case C-106/17 Hofsoe v LVM
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EU) No 1215/2012 — Article 11(1)(b) and Article 13(2) — Jurisdiction in insurance matters — Scope ratione personae — Concept of ‘injured party’ — Professional in the insurance sector — Not included
Request for a preliminary ruling from the Sąd Okręgowy w Szczecinie
Language of the case: Polish
| Summary |
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Judgment of the Court (Eighth Chamber) of 31 January 2018
ECLI:EU:C:2018:50 |
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Information (on unpublished decisions)
Case C-442/17 P(R) Commission v RW
Appeal — Order for interim measure — Civil service — Staff Regulations of Officials of the European Union — Article 42c — Decision of the European Commission placing an official on leave in the interests of the service and on compulsory retirement — Suspension of operation of a measure — Urgency — Balancing of competing interests
Joined Cases C-654/16 and C-657/16 Amber Capital Italia and Others v Consob
Reference for a preliminary ruling — Company law — Directive 2004/25/EC — Takeover bids — Second subparagraph of Article 5(4) — Possibility of altering the price of the bid in specific circumstances and in line with clearly determined criteria — National legislation providing for the fixing of the price of the bid at the price ascertained in the event of collusion between the offeror or persons acting in concert with it and one or more sellers — Concept of ‘clearly determined criterion’
Case C-559/17 P Cafés Pont v EUIPO
Appeal — Article 181 of the Rules of Procedure — Regulation (EC) No 207/2009 — EU trade mark — Figurative mark containing the word elements ‘Art’s Cafè’ — Article 51(1)(a) — Declaration of revocation — Article 15(1), second paragraph, point (a) — No genuine use of the trade mark — Probative value of the evidence
Case C-570/17 P Lackmann Fleisch- und Feinkostfabrik v EUIPO
Appeal — EU trade mark — Article 181 of the Rules of Procedure of the Court of Justice — Application for registration of the figurative mark containing the word element ‘медведь’ — Dismissal of application
Case C-604/17 PM v AH
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Area of freedom, security and justice — Judicial cooperation in civil matters — Jurisdiction in matters of parental responsibility — Regulation (EC) No 2201/2003 — Jurisdiction of a court of a Member State to hear and determine an action relating to parental responsibility where the child is not resident in the territory of that State — Jurisdiction in matters relating to maintenance obligations — Regulation (EC) No 4/2009
Case C-536/17 P Josel v EUIPO
Appeal — Article 181 of the Rules of Procedure — EU trade mark — Opposition proceedings — Registration of the word mark NN — Opposition dismissed — No genuine use of the earlier mark
Case C-678/16 P Monster Energy v EUIPO
Appeal — Rules of Procedure — Article 181 — EU trade mark — Opposition proceedings — Figurative mark containing the word elements ‘HotoGo self-heating can technology’ — Composite mark — Application for registration — Opposition — Rejection — Appeal manifestly inadmissible
Case C-553/17 P Windfinder R & L v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Application for the registration of the word mark Windfinder — Absolute grounds for refusal — Regulation (EC) No 207/2009 — Article 7(1)(b) and (c) — Rejection in part of the application
Case C-538/17 P Murphy v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — Community design — Invalidity proceedings — Community Design No 002-159-640-0002 (electronic wristband) — Rejection of the application for a declaration of invalidity
February 2018
Case C-359/16 Criminal proceedings against Altun and Others
Reference for a preliminary ruling — Migrant workers — Social security — Applicable legislation — Regulation (EEC) No 1408/71 — Article 14(1)(a) — Posted workers — Regulation (EEC) No 574/72 — Article 11(1)(a) — E 101 certificate — Probative value — Certificate fraudulently obtained or relied on
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 9 November 2017
ECLI:EU:C:2017:850 |
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Judgment of the Court (Grand Chamber) of 6 February 2018
ECLI:EU:C:2018:63 |
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Case C-304/16 American Express v The Lords Commissioners of Her Majesty’s Treasury
Reference for a preliminary ruling — Regulation (EU) 2015/751 — Interchange fees for card-based payment transactions — Article 1(5) — Three party payment card scheme treated as equivalent to a four party payment card scheme — Conditions — Issuance by a three party payment card scheme of card-based payment instruments ‘with a co-branding partner or through an agent’ — Article 2(18) — Concept of ‘three party payment card scheme’ — Validity)
Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)
Language of the case: English
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 6 July 2017
ECLI:EU:C:2017:524 |
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Judgment of the Court (First Chamber) of 7 February 2018
ECLI:EU:C:2018:66 |
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Case C-643/16 American Express v The Lords Commissioners of Her Majesty’s Treasury
Reference for a preliminary ruling — Directive (EU) 2015/2366 — Payment services in the internal market — Article 35(1) — Obligation to provide authorised or registered payment service providers with access to payment systems — Point (b) of the first subparagraph of Article 35(2) — Inapplicability of that obligation to payment systems composed exclusively of payment service providers belonging to a group — Applicability of that obligation to three party payment card schemes that have entered into co-branding or agency arrangements — Validity
Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)
Language of the case: English
| Summary |
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Judgment of the Court (First Chamber) of 7 February 2018
ECLI:EU:C:2018:67 |
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Joined Cases C-142/17 and C-143/17 Maturi and Others v Fondazione Teatro dell'Opera di Roma
References for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Social policy — Equal treatment of men and women in matters of employment and occupation — Directive 2006/54/EC — National rules providing for the temporary possibility for performing artists having reached retirement age to continue to perform until the age previously laid down for entitlement to a pension, fixed at 47 years old for women and 52 years old for men
Requests for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Order of the Court (Tenth Chamber) of 7 February 2018
ECLI:EU:C:2018:68 |
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Case C-590/16 Commission v Greece
Failure of a Member State to fulfil obligations — Directive 2008/118/EC — Article 7 — General arrangements for excise duty — Supply of petroleum products, without charging excise duty — Filling stations at the border of the Hellenic Republic with third countries — Chargeability of excise duty — Concept of ‘release for consumption’ of excise goods — Concept of ‘departure from a duty suspension arrangement’
Language of the case: Greek
| Summary |
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Judgment of the Court (Sixth Chamber) of 8 February 2018
ECLI:EU:C:2018:77 |
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Case C-144/17 Lloyd's of London v Agenzia Regionale per la Protezione dell'Ambiente della Calabria
Reference for a preliminary ruling — Public procurement — Articles 49 and 56 TFEU — Directive 2004/18/EC — Reasons for exclusion from a tendering procedure — Insurance services — Participation of several Lloyd’s of London syndicates in the same tendering procedure — Signature of tenders by the Lloyd’s of London General Representative for the country concerned — Principles of transparency, equal treatment and non-discrimination — Proportionality
Request for a preliminary ruling from the Tribunale Amministrativo Regionale Calabria
Language of the case: Italian
| Summary |
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Judgment of the Court (Sixth Chamber) of 8 February 2018
ECLI:EU:C:2018:78 |
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Case C-16/16 P Belgium v Commission
Appeal — Consumer protection — Online gambling services — Protection of consumers and players and prevention of minors from gambling online — Commission Recommendation 2014/478/EU — EU act which is not legally binding — Article 263 TFEU
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bobek delivered on 12 December 2017
ECLI:EU:C:2017:959 |
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Judgment of the Court (Grand Chamber) of 20 February 2018
ECLI:EU:C:2018:79 |
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Case C-518/15 Ville de Nivelles v Matzak
Reference for a preliminary ruling — Directive 2003/88/EC — Protection of the safety and health of workers — Organisation of working time — Article 2 — Concepts of ‘working time’ and ‘rest periods’ — Article 17 — Derogations — Firefighters — Stand-by times — Stand-by times at home
Request for a preliminary ruling from the Cour du travail de Bruxelles
Language of the case: French
| Summary |
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Opinion of Advocate General Sharpston delivered on 26 July 2017
ECLI:EU:C:2017:619 |
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Judgment of the Court (Fifth Chamber) of 21 February 2018
ECLI:EU:C:2018:82 |
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Case C-326/16 P LL v Parliament
Appeal — Action for annulment — Sixth paragraph of Article 263 TFEU — Admissibility — Time limit for instituting proceedings — Calculation — Former Member of the European Parliament — Decision relating to the recovery of parliamentary assistance allowances — Implementing Measures for the Statute for Members of the European Parliament — Article 72 — Complaint procedure within the European Parliament — Notification of the decision adversely affecting a Member of the European Parliament — Registered letter not collected by its addressee
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Szpunar delivered on 26 July 2017
ECLI:EU:C:2017:605 |
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Judgment of the Court (Fifth Chamber) of 21 February 2018
ECLI:EU:C:2018:83 |
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Case C-628/16 Kreuzmayr v Finanzamt Linz
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Successive supplies relating to the same goods — Place of the second supply — Information provided by the first supplier — VAT identification number — Right to deduct — Legitimate expectation on the part of the taxable person regarding the existence of the conditions giving rise to the right to deduct
Request for a preliminary ruling from the Bundesfinanzgericht
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber) of 21 February 2018
ECLI:EU:C:2018:84 |
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Case C-132/17 Peugeot Deutschland v Deutsche Umwelthilfe
Reference for a preliminary ruling — Freedom to provide services — Directive 2010/13/EU — Definitions — Concept of ‘audiovisual media service’ — Scope — Channel available on YouTube for videos promoting new passenger cars
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber) of 21 February 2018
ECLI:EU:C:2018:85 |
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Case C-103/16 Porras Guisado v Bankia and Others
Reference for a preliminary ruling — Social policy — Directive 92/85/EEC — Measures to encourage improvements in the safety and health of pregnant workers and workers who have recently given birth or are breastfeeding — Article 2(a) — Article 10(1) to (3) — Prohibition of dismissal of a worker during the period from the beginning of her pregnancy to the end of her maternity leave — Scope — Exceptional cases not connected with the pregnant worker’s condition — Directive 98/59/EC — Collective redundancies — Article 1(1)(a) — Reasons not related to the individual workers concerned — Pregnant worker dismissed in the context of a collective redundancy procedure — Reasons for the dismissal — Priority for retention of the post of the pregnant worker — Priority for redeployment
Request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Sharpston delivered on 14 September 2017
ECLI:EU:C:2017:691 |
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Judgment of the Court (Third Chamber) of 22 February 2018
ECLI:EU:C:2018:99 |
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Case C-328/16 Commission v Greece
Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Urban waste-water treatment – Judgment of the Court establishing a failure to fulfil obligations – Non-implementation – Article 260(2) TFEU – Pecuniary penalties – Lump sum – Periodic penalty payment
Language of the case: Greek
| Summary |
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Judgment of the Court (Third Chamber) of 22 February 2018
ECLI:EU:C:2018:98 |
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Case C-336/16 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 2008/50/EC — Ambient air quality — Article 13(1) — Article 22(3) — Annex XI — Concentration of particulate matter PM10 in ambient air — Exceedance of limit values in certain zones and agglomerations — Article 23(1) — Air quality plans — Exceedance period ‘as short as possible’ — Absence of appropriate actions in ambient air quality protection programmes — Incorrect transposition
Language of the case: Polish
| Summary |
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Judgment of the Court (Third Chamber) of 22 February 2018
ECLI:EU:C:2018:94 |
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Case C-396/16 T-2 v Republika Slovenija
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Articles 184 and 185 — Adjustment of the deduction of input tax paid — Change in the factors used to determine the amount to be deducted — Notion of ‘transactions remaining totally or partially unpaid’ — Effect of a decision approving an arrangement with creditors having the force of res judicata
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 12 October 2017
ECLI:EU:C:2017:763 |
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Judgment of the Court (First Chamber) of 22 February 2018
ECLI:EU:C:2018:109 |
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Joined Cases C-398/16 and C-399/16 X and X v Staatssecretaris van Financiën
Reference for a preliminary ruling — Articles 49 and 54 TFEU — Freedom of establishment — Tax legislation — Corporation tax — Advantages linked to the formation of a single tax entity– Exclusion of cross-border groups
Requests for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 25 October 2017
ECLI:EU:C:2017:807 |
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Judgment of the Court (First Chamber) of 22 February 2018
ECLI:EU:C:2018:110 |
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Case C-545/16 Kubota (UK) and EP Barrus v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling — Common Customs Tariff — Tariff headings — Motor vehicles for the transport of goods — Subheadings 8704 10 10 and 8704 21 91 — Regulation (EU) 2015/221 — Validity
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
| Summary |
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Judgment of the Court (Sixth Chamber) of 22 February 2018
ECLI:EU:C:2018:101 |
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Case C-572/16 INEOS Köln v Bundesrepublik Deutschland
Reference for a preliminary ruling — Environment — Scheme for greenhouse gas emission allowance trading within the European Union — Directive 2003/87/EC — Article 10a — Decision 2011/278/EU — Transitional rules for harmonised free allocation of emission allowances — Period 2013-2020 — Allocation application — Incorrect data — Correction — Mandatory time limit
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 23 November 2017
ECLI:EU:C:2017:896 |
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Judgment of the Court (First Chamber) of 22 February 2018
ECLI:EU:C:2018:100 |
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Case C-182/17 Nagyszénás Településszolgáltatási Nonprofit Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(c), Article 9 and Article 13(1) — Treatment as a non-taxable person — Definition of ‘body governed by public law’ — Commercial company 100% owned by a municipality and responsible for performing certain public tasks incumbent on that municipality — Those tasks and their remuneration determined in a contract between the company and the municipality
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Seventh Chamber) of 22 February 2018
ECLI:EU:C:2018:91 |
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Case C-185/17 Mitnitsa Varna v SAKSA
Reference for a preliminary ruling — Common Customs Tariff — Classification of goods — Harmonised European standard EN 590:2013 — Subheading 2710 19 43 of the Combined Nomenclature — Relevant criteria for the classification of goods as gas oil
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Tenth Chamber) of 22 February 2018
ECLI:EU:C:2018:108 |
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Case C-64/16 Associação Sindical dos Juízes Portugueses v Tribunal de Contas
Reference for a preliminary ruling — Article 19(1) TEU — Legal remedies — Effective judicial protection — Judicial independence — Charter of Fundamental Rights of the European Union — Article 47 — Reduction of remuneration in the national public administration — Budgetary austerity measures
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 18 May 2017
ECLI:EU:C:2017:395 |
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Judgment of the Court (Grand Chamber) of 27 February 2018
ECLI:EU:C:2018:117 |
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Case C-266/16 Western Sahara Campaign UK v Commissioners for Her Majesty's Revenue and Customs and Secretary of State for Environment, Food and Rural Affairs
Reference for a preliminary ruling — Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco — Protocol setting out the fishing opportunities provided for by the agreement — Acts approving the conclusion of the agreement and of the protocol — Regulations allocating among the Member States the fishing opportunities set out by the protocol — Jurisdiction — Interpretation — Validity having regard to Article 3(5) TEU and international law — Applicability of that agreement and that protocol to the territory of Western Sahara and the waters adjacent thereto
Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 10 January 2018
ECLI:EU:C:2018:1 |
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Judgment of the Court (Grand Chamber) of 27 February 2018
ECLI:EU:C:2018:118 |
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Case C-301/16 P Commission v Xinyi PV Products (Anhui) Holdings
Appeal — Commercial policy — Dumping — Imports of solar glass originating in China — Regulation (EC) No 1225/2009 — Article 2(7)(b) and (c) — Market Economy Treatment (MET) — Concept of ‘significant distortions carried over from the former non-market economy system’, within the meaning of the third indent of Article 2(7)(c) — Tax incentives
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 5 December 2017
ECLI:EU:C:2017:938 |
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Judgment of the Court (Second Chamber) of 28 February 2018
ECLI:EU:C:2018:132 |
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Case C-307/16 Pieńkowski v Dyrektor Izby Skarbowej w Lublinie
Reference for a preliminary ruling — Directive 2006/112/EC — Value added tax (VAT) — Article 131 — Article 146(1)(b) — Article 147 — Exemptions on exportation — Article 273 — Legislation of a Member State making the benefit of the exemption subject to the attainment of a minimum level of turnover or the conclusion of an agreement with a person authorised to make VAT refunds to travellers
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Opinion of Advocate General Bot delivered on 7 September 2017
ECLI:EU:C:2017:658 |
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Judgment of the Court (Fifth Chamber) of 28 February 2018
ECLI:EU:C:2018:124 |
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Case C-387/16 Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos v Nidera
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Deduction of input tax — Article 183 — Refund of overpaid VAT — Late refund — Amount of default interest due under national law — Reduction of that amount for reasons not attributable to the taxable person — Whether permissible — Fiscal neutrality — Legal certainty
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Szpunar delivered on 5 October 2017
ECLI:EU:C:2017:740 |
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Judgment of the Court (Fourth Chamber) of 28 February 2018
ECLI:EU:C:2018:121 |
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Case C-418/16 P mobile.de v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 15(1) — Article 57(2) and (3) — Article 64 — Article 76(2) — Regulation (EC) No 2868/95 — Rule 22(2) — Rule 40(6) — Invalidity proceedings — Applications for a declaration of invalidity based on an earlier national trade mark — Genuine use of the earlier mark — Burden of proof — Rejection of the applications — Taking into account by the Board of Appeal of the European Union Intellectual Property Office (EUIPO) of new evidence — Annulment of the decisions of the Cancellation Division of EUIPO — Referral — Consequences
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 23 November 2017
ECLI:EU:C:2017:892 |
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Judgment of the Court (First Chamber) of 28 February 2018
ECLI:EU:C:2018:128 |
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Case C-518/16 ZPT v Narodno sabranie na Republika Bulgaria and Others
Reference for a preliminary ruling — State aid — Regulation (EC) No 1998/2006 — Article 35 TFEU — De minimis aid in the form of tax relief — National legislation excluding investments in the production of goods intended for export from the benefit of that tax relief
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Wathelet delivered on 29 November 2017
ECLI:EU:C:2017:912 |
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Judgment of the Court (First Chamber) of 28 February 2018
ECLI:EU:C:2018:126 |
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Joined Cases C-523/16 and C-536/16 MA.T.I. SUD v Centostazioni and Duemme SGR v CNPR
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Article 51 — Rectification of procedural shortfalls in tenders — Directive 2004/17/EC — Clarification of tenders — National legislation making the rectification by tenderers of the documentation submitted subject to the payment of a financial penalty — Principles relating to the award of public works contracts — Principle of equal treatment — Principle of proportionality
Requests for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 15 November 2017
ECLI:EU:C:2017:868 |
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Judgment of the Court (Eighth Chamber) of 28 February 2018
ECLI:EU:C:2018:122 |
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Case C-577/16 Trinseo Deutschland v Bundesrepublik Deutschland
Reference for a preliminary ruling — Environment — Scheme for greenhouse gas emission allowance trading within the European Union — Directive 2003/87/EC — Scope — Article 2(1) — Annex I — Activities subject to the trading scheme — Production of polymers — Use of heat supplied by a third-party installation — Application for free allocation of emission allowances — Period 2013-2020
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
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Opinion of Advocate General Saugmandsgaard Øe delivered on 14 December 2017
ECLI:EU:C:2017:975 |
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Judgment of the Court (First Chamber) of 28 February 2018
ECLI:EU:C:2018:127 |
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Case C-672/16 Imofloresmira - Investimentos Imobiliários v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Value added tax — TVA Directive — Exemption of the leasing and letting of immovable property — Right of option available to taxpayers — Implementation by the Member States — Deduction of input tax — Use for the purposes of the taxable person’s taxed transactions — Adjustment of the initial deduction — Not permissible
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
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Judgment of the Court (Seventh Chamber) of 28 February 2018
ECLI:EU:C:2018:134 |
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Case C-3/17 Sporting Odds v Nemzeti Adó- és Vámhivatal Központi Irányítása
Reference for a preliminary ruling — Freedom to provide services — Article 56 TFEU — Article 4(3) TEU — Charter of Fundamental Rights of the European Union — Restrictions — Betting and gaming — National legislation — Operation of certain kinds of games of chance by the State — Exclusivity — Licensing system for other kinds of games of chance — Requirement of a licence — Administrative penalty
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Sixth Chamber) of 28 February 2018
ECLI:EU:C:2018:130 |
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Case C-46/17 John v Freie Hansestadt Bremen
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework Agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Successive fixed-term employment contracts — Clause 5(1) — Measures aimed at preventing the misuse of fixed-term contracts — Directive 2000/78/EC — Article 6(1) — Prohibition of discrimination on the ground of age — National legislation authorising the postponement of the end of the contract of employment fixed at the normal retirement age simply because that the worker qualified for a retirement pension
Request for a preliminary ruling from the Landesarbeitsgericht Bremen
Language of the case: German
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Judgment of the Court (Sixth Chamber) of 28 February 2018
ECLI:EU:C:2018:131 |
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Case C-117/17 Comune di Castelbellino v Regione Marche and Others
Reference for a preliminary ruling — Environment — Directive 2011/92/EU — Article 4(2) and (3) and Annexes I to III — Environmental impact assessment — Authorisation to carry out work in a plant for the production of electricity from biogas without preliminary examination of the need for an environmental impact assessment — Annulment — Regularisation after the event of the authorisation on the basis of new provisions of national law without preliminary examination of the need for an environmental impact assessment
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per le Marche
Language of the case: Italian
| Summary |
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Judgment of the Court (Sixth Chamber) of 28 February 2018
ECLI:EU:C:2018:129 |
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Case C-289/17 Collect Inkasso and Others v Aint and Others
Reference for a preliminary ruling — Judicial cooperation in civil and commercial matters — Regulation (EC) No 805/2004 — European enforcement order for uncontested claims — Requirements for certification — Minimum standards for uncontested claims procedures — Rights of the debtor — No indication of the address of the institution to which a notice may be addressed contesting the claim or before which an appeal against the decision may be brought
Request for a preliminary ruling from the Tartu Maakohus
Language of the case: Estonian
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Judgment of the Court (Seventh Chamber) of 28 February 2018
ECLI:EU:C:2018:133 |
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Information (on unpublished decisions)
Case C-261/16 P Kühne + Nagel International and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Price fixing — International air freight forwarding services — Tariff agreement affecting the final price of services
Case C-263/16 P Schenker v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Price fixing — International air freight forwarding services — Pricing agreement affecting the final price of the services
Case C-264/16 P Deutsche Bahn and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Price fixing — International air freight forwarding services — Pricing agreement affecting the final price of the services
Case C-271/16 P Panalpina World Transport (Holding) and Others v Commission
Appeal — Competition — Agreements, decisions and concerted practices — Article 101 TFEU — Price fixing — International air freight forwarding services — Tariff agreement affecting the final price of services
Case C-380/16 Commission v Germany
Failure of a Member State to fulfil obligations — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 73 — Taxable amount — Articles 306 to 310 — Special scheme for travel agents — Exclusion from that scheme of sales to taxable undertakings — Overall determination of the taxable amount for a given period — Incompatibility
Case C-181/17 Commission v Spain
Failure of a Member State to fulfil obligations — Transport policy — Regulation (EC) No 1071/2009 — Road transport operator — Licence for public transport — Conditions for grant — Article 3(1) and (2) — Article 5(b) — Number of vehicles required — National legislation — Stricter conditions for grant — Higher minimum number of vehicles
Case C-336/17 P HB and Others v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Law governing the institutions — European citizens’ initiative ‘Ethics for Animals and Kids’ — Protection of stray animals — Psychological effects on adults and children — Refusal to register the initiative for manifest lack of powers on the part of the European Commission — Regulation (EU) No 211/2011 — Article 4(2)(b) — Article 4(3)
Case C-508/17 P CBA Spielapparate- und Restaurantbetrieb v Commission
Appeal — Article 181 of the Rules of Procedure — Regulation (EU) 2015/1589 — State aid granted to holders of concessions to operate games of chance — Complaint — Abstention of the Commission — Action for failure to act — Rejection
Case C-119/17 Lupean and Lupean v OTP BAAK NYRT
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Articles 3(1), 4(1), 4(2) and 5 — Assessment of the unfairness of contractual terms — Loan agreement concluded in a foreign currency — Exchange rate risk borne entirely by the consumer — Significant imbalance in the parties’ rights and obligations under the contract — Main subject matter of the loan agreement
Case C-125/17 Bisignani v Agenzia delle Entrate - Direzione Provinciale 1 di Roma
Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court — Free movement of capital — Articles 64 and 65 TFEU — Directive 2011/16/EU — Cooperation in the field of taxation — Transfer of capital to the Vatican City State — Obligation to declare a transfer of funds sent or received from abroad — Repeal
Case C-126/17 ERSTE Bank Hungary v Czakó
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Articles 4(2), 5 and 6(1) — Terms defining the main subject matter of the contract — Loan agreement denominated in a foreign currency — Scope of the term ‘drafted in plain, intelligible language’ — Partial or total invalidity of the contract
Case C-233/17 P GX v Commission
Appeal — Article 181 of the Rules of Procedure — Civil service — Open Competition EPSO/AD/248/13 — Decision not to include the appellant on the reserve list
Case C-529/17 P Martín Osete v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Revocation proceedings — Word mark AN IDEAL WIFE — Declaration of revocation
Case C-701/17 P Valkov v European Court of Human Rights and Supreme Court of Cassation of the Republic of Bulgaria
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Lack of jurisdiction of the General Court of the European Union to hear and determine an action seeking annulment of a decision of the European Court of Human Rights and of a decision of the Supreme Court of Cassation of the Republic of Bulgaria — Appeal manifestly inadmissible
Case C-482/17 R Czech Republic v Parliament and Council
Application for interim measures — Article 278 TFEU — Suspension of the operation of an EU act — Directive (EU) 2017/853 amending Directive 91/477/EEC — Monitoring of the acquisition and holding of fire arms — Urgency
March 2018
Case C-297/16 CMVRO v Ansvsa
Reference for a preliminary ruling — Directive 2006/123/EC — Services in the internal market — National legislation limiting the right to retail, use and administer veterinary medicinal, anti-parasitic and organic products to veterinary practitioners — Freedom of establishment — Requirement that the share capital of establishments retailing veterinary medicinal products be held only by veterinary practitioners — Protection of public health — Proportionality)
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Wahl delivered on 21 September 2017
ECLI:EU:C:2017:715 |
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Judgment of the Court (Third Chamber) of 1 March 2018
ECLI:EU:C:2018:141 |
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Case C-558/16 Proceedings brought by Mahnkopf
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EU) No 650/2012 — Succession and European Certificate of Succession — Scope — Ability to include the surviving spouse’s share in the European Certificate of Succession
Request for a preliminary ruling from the Kammergericht Berlin
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 13 December 2017
ECLI:EU:C:2017:965 |
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Judgment of the Court (Second Chamber) of 1 March 2018
ECLI:EU:C:2018:138 |
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Case C-9/17 Proceedings brought by Tirkkonen
Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Tendering procedure for public contracts for farm advisory services — Whether or not there is a public contract — Scheme for obtaining services open to any economic operator who satisfies previously established conditions — Scheme not subsequently open to other economic operators
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 13 December 2017
ECLI:EU:C:2017:962 |
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Judgment of the Court (Third Chamber) of 1 March 2018
ECLI:EU:C:2018:142 |
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Case C-76/17 Petrotel-Lukoil and Georgescu v Ministerul Economiei and Others
Reference for a preliminary ruling — Charges having an effect equivalent to customs duties — Article 30 TFEU — Internal taxation — Article 110 TFEU — Charge applied to exported petroleum products — Charge not passed on to the consumer — Tax burden for the taxpayer — Reimbursement of the sums paid by the taxpayer
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
| Summary |
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Judgment of the Court (Fourth Chamber) of 1 March 2018
ECLI:EU:C:2018:139 |
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Joined Cases C-52/16 and C-113/16 SEGRO v Vas Megyei Kormányhivatal Sárvári Járási Földhivatala and Horváth v Vas Megyei Kormányhivatal
References for a preliminary ruling — Article 63 TFEU — Free movement of capital — Rights of usufruct over agricultural land — National legislation permitting such rights to be acquired in the future only by close family members of the owner of the land and cancelling, without providing for compensation, the rights previously acquired by legal persons or by natural persons who cannot demonstrate a close family tie with the owner of the land
Requests for a preliminary ruling from the Szombathelyi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
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Opinion of Advocate General Saugmandsgaard Øe delivered on 31 May 2017
ECLI:EU:C:2017:410 |
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Judgment of the Court (Grand Chamber) of 6 March 2018
ECLI:EU:C:2018:157 |
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Case C-284/16 Slowakische Republik v Achmea
Reference for a preliminary ruling — Bilateral investment treaty concluded in 1991 between the Kingdom of the Netherlands and the Czech and Slovak Federative Republic and still applicable between the Kingdom of the Netherlands and the Slovak Republic — Provision enabling an investor from one Contracting Party to bring proceedings before an arbitral tribunal in the event of a dispute with the other Contracting Party — Compatibility with Articles 18, 267 and 344 TFEU — Concept of ‘court or tribunal’ — Autonomy of EU law
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 19 September 2017
ECLI:EU:C:2017:699 |
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Judgment of the Court (Grand Chamber) of 6 March 2018
ECLI:EU:C:2018:158 |
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Case C-579/16 P Commission v FIH Holding and FIH Erhvervsbank
Appeal — State aid — Definition of ‘aid’ — Definition of ‘economic advantage’ — Market economy operator principle — Conditions governing applicability and application — Financial crisis — Successive bank bail outs — Whether account to be taken, in the assessment of the second bail out, of the risks arising from commitments entered into by a Member State in the first bail out
Language of the case: English
| Summary |
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Opinion of Advocate General Szpunar delivered on 28 November 2017
ECLI:EU:C:2017:911 |
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Judgment of the Court (Grand Chamber) of 6 March 2018
ECLI:EU:C:2018:159 |
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Case C-127/16 P SNCF Mobilités v Commission
Appeal — State aid — Aid implemented by the French Republic in favour of Sernam — Restructuring and recapitalisation aid, guarantees and waiving of Sernam’s financial debts by SNCF — Decision declaring that aid incompatible with the internal market and ordering its recovery — Sale of assets en bloc — Concept of ‘sale’ — Confusion between object and price of the sale of assets en bloc — Open and transparent procedure — Private investor test — Application of that principle to an assignment of assets en bloc — Compensatory measures
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 20 July 2017
ECLI:EU:C:2017:577 |
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Judgment of the Court (First Chamber) of 7 March 2018
ECLI:EU:C:2018:165 |
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Joined Cases C-274/16, C-447/16 and C-448/16 flightright v Air Nostrum, Líneas Aéreas del Mediterráneo, Becker v Hainan Airlines and Barkan and Others v Air Nostrum, Líneas Aéreas del Mediterráneo
Reference for a preliminary ruling — Area of Freedom, Security and Justice — Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001 — Article 5(1) — Regulation (EU) No 1215/2012 — Article 7(1) — Concept of ‘matters relating to a contract’ — Contract for the provision of services — Connecting flight operated by different air carriers — Concept of ‘place of performance’ — Regulation (EC) No 261/2004 — Right of air passengers to compensation for denied boarding and for the long delay of a flight — Action for compensation brought against an operating air carrier not domiciled in the territory of a Member State or with which the passengers do not have contractual relations
Requests for a preliminary ruling from the Amtsgericht Düsseldorf and the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 19 October 2017
ECLI:EU:C:2017:787 |
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Judgment of the Court (Third Chamber) of 7 March 2018
ECLI:EU:C:2018:160 |
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Case C-494/16 Santoro v Comune di Valderice and Presidenza del Consiglio dei Ministri
Reference for a preliminary ruling — Social policy — Fixed-term work — Contracts concluded with a public sector employer — Measures to penalise the misuse of fixed-term contracts — Principles of equivalence and effectiveness
Request for a preliminary ruling from the Tribunale di Trapani
Language of the case: Italian
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Opinion of Advocate General Szpunar delivered on 26 October 2017
ECLI:EU:C:2017:822 |
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Judgment of the Court (First Chamber) of 7 March 2018
ECLI:EU:C:2018:166 |
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Case C-560/16 E.ON Czech Holding v Dĕdouch and Others
Reference for a preliminary ruling — Regulation (EC) No 44/2001 — Jurisdiction in civil and commercial matters — Exclusive jurisdiction — Article 22(2) — Validity of decisions of the organs of companies or legal persons having their seat in the territory of a Member State — Exclusive jurisdiction of the courts of that Member State — Decision of the general meeting of a company ordering the compulsory transfer to that company’s principal shareholder of the shares held by the company’s minority shareholders and determining the consideration to be paid to them by the principal shareholder — Judicial procedure for reviewing the reasonableness of that consideration
Request for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
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Judgment of the Court (First Chamber) of 7 March 2018
ECLI:EU:C:2018:167 |
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Case C-651/16 DW v Valsts sociālās apdrošināšanas aģentūra
Reference for a preliminary ruling — Social security — Maternity benefit — Calculation of the amount on the basis of the income of the insured person during a reference period of 12 months — Person employed, during that period, by an EU institution — National legislation fixing the amount at issue at 70% of the average contribution basis — Restriction on freedom of movement for workers — Principle of sincere cooperation
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
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Judgment of the Court (Tenth Chamber) of 7 March 2018
ECLI:EU:C:2018:162 |
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Case C-31/17 Cristal Union v Ministre de l'Économie et des Finances
Reference for a preliminary ruling — Directive 2003/96/EC — Taxation of energy products and electricity — Article 14(1)(a) — Energy products used for the generation of electricity — Obligation to exempt — Article 15(1)(c) — Energy products used for combined heat and power generation — Option to exempt or reduce the level of taxation — Natural gas intended for use in the cogeneration of heat and electricity
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Tanchev delivered on 22 February 2018
ECLI:EU:C:2018:92 |
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Judgment of the Court (First Chamber) of 7 March 2018
ECLI:EU:C:2018:168 |
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Case C-159/17 Dobre v Ministerul Finanţelor Publice – A.N.A.F. – D.G.R.F.P. Galaţi – Serviciul Soluţionare Contestaţii and A.N.A.F - D.G.R.F.P. Galaţi – A.J.F.P. Constanţa – Serviciul Inspecţie Fiscală Persoane Fizice 2 Constanţa
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Revocation of identification for VAT purposes — Obligation to pay VAT collected in the period during which the VAT identification number is revoked — Non-recognition of the right to deduct VAT relating to purchases made during that period
Request for a preliminary ruling from the Curtea de Apel Constanţa
Language of the case: Romanian
| Summary |
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Judgment of the Court (Tenth Chamber) of 7 March 2018
ECLI:EU:C:2018:161 |
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Case C-395/16 DOCERAM v CeramTec
Reference for a preliminary ruling — Intellectual and industrial property — Regulation (EC) No 6/2002 — Community design — Article 8(1) — Features of appearance of a product solely dictated by its technical function — Criteria for assessment — Existence of alternative designs — Consideration of the point of view of an ‘objective observer’
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 19 October 2017
ECLI:EU:C:2017:779 |
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Judgment of the Court (Second Chamber) of 8 March 2018
ECLI:EU:C:2018:172 |
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Case C-64/17 Saey Home & Garden v Lusavouga-Máquinas e Acessórios Industriais
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EU) No 1215/2012 — Article 25 — Existence of a jurisdiction clause — Verbal agreement without written confirmation — Clause contained in the general terms and conditions of sale mentioned in invoices — Article 7(1)(b) — Commercial concession agreement between two companies established in different Member States in respect of the market of a third Member State — Article 7(1)(b), second indent — Determination of the court with jurisdiction — Place of performance of the obligation that is characteristic of such a contract
Request for a preliminary ruling from the Tribunal da Relação do Porto
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Seventh Chamber) of 8 March 2018
ECLI:EU:C:2018:173 |
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Case C-244/16 P Industrias Químicas del Vallés v Commission
Appeal — Plant protection products — Implementing Regulation (EU) 2015/408 — Placing on the market of plant protection products and establishing a list of candidates for substitution — Inclusion of active substance metalaxyl in that list — Action for annulment — Admissibility — Article 263, fourth paragraph, TFEU — Regulatory act that does not entail implementing measures — Individually concerned person
Language of the case: Spanish
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Opinion of Advocate General Wathelet delivered on 6 September 2017
ECLI:EU:C:2017:635 |
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Judgment of the Court (Grand Chamber) of 13 March 2018
ECLI:EU:C:2018:177 |
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Case C-384/16 P European Union Copper Task Force v Commission
Appeal — Plant protection products — Implementing Regulation (EU) 2015/408 — Placing on the market of plant protection products and establishing a list of candidates for substitution — Inclusion of active substance ‘copper compounds’ in that list — Action for annulment — Admissibility — Article 263, fourth paragraph, TFEU — Regulatory act that does not entail implementing measures — Individually concerned person
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 6 September 2017
ECLI:EU:C:2017:634 |
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Judgment of the Court (Grand Chamber) of 13 March 2018
ECLI:EU:C:2018:176 |
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Case C-482/16 Stollwitzer v ÖBB Personenverkehr
Reference for a preliminary ruling — Social policy — Article 45 TFEU — Principle of non-discrimination on grounds of age — Charter of Fundamental Rights of the European Union — Article 21(1) — Directive 2000/78/EC — Articles 2, 6 and 16 — Reference date for the purpose of advancement — Discriminatory legislation of a Member State which does not allow periods of activity completed before reaching the age of 18 to be taken into account for the purpose of determining remuneration — Abolition of provisions that are contrary to the principle of equal treatment
Request for a preliminary ruling from the Oberlandesgericht Innsbruck
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 23 November 2017
ECLI:EU:C:2017:893 |
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Judgment of the Court (First Chamber) of 14 March 2018
ECLI:EU:C:2018:180 |
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Case C-557/16 Proceedings brought by Astellas Pharma
Reference for a preliminary ruling — Directive 2001/83/EC — Medicinal products for human use — Articles 28 and 29 — Decentralised procedure for marketing authorisation for a medicinal product — Article 10 — Generic medicinal product — Data exclusivity period for the reference medicinal product — Power of the competent authorities of the Member States concerned to determine the point in time from which the exclusivity period starts to run — Jurisdiction of the courts of the Member States concerned to review the determination of the point in time from which the exclusivity period starts to run — Effective judicial protection — Charter of Fundamental Rights of the European Union — Article 47
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Bobek delivered on 7 December 2017
ECLI:EU:C:2017:957 |
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Judgment of the Court (Second Chamber) of 14 March 2018
ECLI:EU:C:2018:181 |
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Case C-256/16 Deichmann v Hauptzollamt Duisburg
Reference for a preliminary ruling — Admissibility — Anti-dumping — Validity of a regulation seeking to implement a judgment of the Court declaring previous regulations invalid — Obligation to implement — Legal basis — Regulation (EC) No 1225/2009 — Article 14 — Setting of the criteria relating to the collection of anti-dumping duties by Member States — Direction suspending the repayment of anti-dumping duties by national customs authorities — Resumption of the proceeding that preceded the regulations declared invalid — Article 10 — Non-retroactivity — Community Customs Code — Article 221 — Time-bar — Article 236 — Repayment of duties not owed
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 20 July 2017
ECLI:EU:C:2017:580 |
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Judgment of the Court (Third Chamber) of 15 March 2018
ECLI:EU:C:2018:187 |
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Case C-355/16 Picart v Ministre des Finances et des Comptes publics
Reference for a preliminary ruling — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Direct taxation — Transfer of the place of residence from a Member State to Switzerland — Taxation of unrealised gains on significant shareholdings in a number of companies established in the Member State of origin at the time of such transfer — Scope of the Agreement
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 26 July 2017
ECLI:EU:C:2017:610 |
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Judgment of the Court (First Chamber) of 15 March 2018
ECLI:EU:C:2018:184 |
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Case C-431/16 INSS and TGSS v Blanco Marqués
Reference for a preliminary ruling — Social security for migrant workers — Regulation (EEC) No 1408/71 — Articles 12 and 46a to 46c — Benefits of the same kind — Definition — Rule against overlapping — Definition — Conditions — National rule providing for a supplement to the total permanent incapacity pension for workers of at least 55 years of age — Suspension of the supplement in the event of employment or receipt of a retirement pension
Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León
Language of the case: Spanish
| Summary |
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Judgment of the Court (Tenth Chamber) of 15 March 2018
ECLI:EU:C:2018:189 |
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Case C-470/16 North East Pylon Pressure Campaign and Sheehy v An Bord Pleanála and Others
Reference for a preliminary ruling — Assessment of the effects of certain projects on the environment — Directive 2011/92/EU — Right of members of the public concerned to a review procedure — Premature challenge — Concepts of a not prohibitively expensive procedure and of decisions, acts or omissions subject to the public participation provisions of the directive — Applicability of the Aarhus Convention
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Bobek delivered on 19 October 2017
ECLI:EU:C:2017:781 |
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Judgment of the Court (First Chamber) of 15 March 2018
ECLI:EU:C:2018:185 |
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Case C-104/17 Cali Esprou v Administraţia Fondului pentru Mediu
Reference for a preliminary ruling — Directive 94/62/EC — Packaging and packaging waste — Recovery and recycling of waste — National environmental fund contribution — National marketing of packaged products and their packaging, without alteration — ‘Polluter-pays’ principle — Status of polluter
Request for a preliminary ruling from the Curtea de Apel Piteşti
Language of the case: Romanian
| Summary |
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Judgment of the Court (Ninth Chamber) of 15 March 2018
ECLI:EU:C:2018:188 |
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Case C-524/15 Criminal proceedings against Menci
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Failure to pay VAT due — Penalties — National legislation which provides for an administrative penalty and a criminal penalty for the same acts — Charter of Fundamental Rights of the European Union — Article 50 — Ne bis in idem principle — Criminal nature of the administrative penalty — Existence of the same offence — Article 52(1) — Limitations to the ne bis in idem principle — Conditions
Request for a preliminary ruling from the Tribunale di Bergamo
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 12 September 2017
ECLI:EU:C:2017:667 |
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Judgment of the Court (Grand Chamber) of 20 March 2018
ECLI:EU:C:2018:197 |
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Case C-187/16 Commission v Austria (State printing office)
Failure of a Member State to fulfil obligations — Directives 92/50/EEC and 2004/18/EC — Public service contracts — State printing office — Production of identity documents and other official documents — Award of contracts to an undertaking governed by private law without a procurement procedure first being conducted — Special security measures — Protection of the essential interests of the Member States
Language of the case: German
| Summary |
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Opinion of Advocate General Kokott delivered on 20 July 2017
ECLI:EU:C:2017:578 |
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Judgment of the Court (Grand Chamber) of 20 March 2018
ECLI:EU:C:2018:194 |
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Case C-537/16 Garlsson Real Estate and Others v Consob
Reference for a preliminary ruling — Directive 2003/6/EC — Market manipulation — Penalties — National legislation providing for an administrative penalty and a criminal penalty for the same acts — Charter of Fundamental Rights of the European Union — Article 50 — Ne bis in idem principle — Criminal nature of the administrative penalty — Existence of the same offence — Article 52(1) — Limitations to the ne bis in idem principle — Conditions
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 12 September 2017
ECLI:EU:C:2017:668 |
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Judgment of the Court (Grand Chamber) of 20 March 2018
ECLI:EU:C:2018:193 |
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Joined Cases C-596/16 and C-597/16 Di Puma v Consob and Consob v Zecca
References for a preliminary ruling — Directive 2003/6/EC — Insider dealing — Penalties — National legislation which provides for an administrative penalty and a criminal penalty for the same acts — Res judicata attached to a final criminal judgment relating to administrative proceedings — Final criminal judgment ordering acquittal in respect of insider dealing — Effectiveness of the penalties — Charter of Fundamental Rights of the European Union — Article 50 — Ne bis in idem principle — Criminal nature of the administrative sanction — Existence of the same offence — Article 52(1) — Limitations to the ne bis in idem principle — Conditions
Requests for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 12 September 2017
ECLI:EU:C:2017:669 |
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Judgment of the Court (Grand Chamber) of 20 March 2018
ECLI:EU:C:2018:192 |
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Case C-533/16 Volkswagen v Finančné riaditeľstvo Slovenskej republiky
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Articles 167 to 171 — Right to deduct VAT — Right to refunds of VAT for taxable persons not established in the Member State of refund — Article 178(a) — Rules governing the exercise of the right to deduct VAT — Directive 2008/9/EC — Detailed rules for the refund of VAT — Limitation period — Principle of fiscal neutrality — VAT charged and paid several years after delivery of the goods in question — Refusal to allow the exercise of the right to a refund due to the expiry of the time limit which should have started to run from the date of supply of the goods
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
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Judgment of the Court (Second Chamber) of 21 March 2018
ECLI:EU:C:2018:204 |
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Case C-551/16 Klein Schiphorst v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen
Reference for a preliminary ruling — Social security — Agreement between the European Community and the Swiss Confederation — Coordination of social security systems — Regulation (EC) No 883/2004 — Articles 7, 63 and 64 — Unemployment benefits — Unemployed person going to another Member State — Retention of entitlement to benefits — Duration
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
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Judgment of the Court (First Chamber) of 21 March 2018
ECLI:EU:C:2018:200 |
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Joined Cases C-688/15 and C-109/16 Anisimovienė and Others v bankas Snoras and Others and Indėlių ir investicijų draudimas v Raišelis and bankas Snoras
References for a preliminary ruling — Deposit-guarantee and investor-compensation schemes — Directive 94/19/EC — Article 1(1) — Deposits — Temporary situations deriving from normal banking transactions — Directive 97/9/EC — Second subparagraph of Article 2(2) — Money owed to or belonging to an investor and held on his behalf by an investment firm in connection with investment business — Credit institution which issues transferable securities — Funds transferred by individuals to that institution in respect of subscription to future transferable securities — Application of Directive 2004/39/EC — Insolvency of that institution before the transferable securities in question are issued — Public undertaking entrusted with the deposit-guarantee and investor-compensation schemes — Ability to rely on Directives 94/19/EC and 97/9/EC against that undertaking
Requests for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 15 June 2017
ECLI:EU:C:2017:475 |
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Judgment of the Court (Fifth Chamber) of 22 March 2018
ECLI:EU:C:2018:209 |
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Joined Cases C-327/16 and C-421/16 Jacob v Ministre des Finances et des Comptes publics and Ministre des Finances et des Comptes publics v Lassus
Reference for a preliminary ruling — Direct taxation — Freedom of establishment — Mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States — Directive 90/434/EEC — Article 8 — Exchange of securities — Capital gains relating to that transaction — Deferred taxation — Capital losses upon the subsequent transfer of securities received — Tax competence of the State of residence — Difference in treatment — Justification — Preservation of the allocation of fiscal competence between Member States
Requests for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
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Judgment of the Court (First Chamber) of 22 March 2018
ECLI:EU:C:2018:210 |
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Case C-568/16 Rasool Entertainment and Staatsanwaltschaft Stuttgart v Rasool
Reference for a preliminary ruling — Payment services — Directive 2007/64/EC — Article 3(e) and (o) — Article 4(3) — Annex — Point 2 — Scope — Operation of multifunctional terminals enabling cash withdrawals in gaming arcades — Consistency of the practice of the national authorities in bringing prosecutions — Confiscation of sums obtained by means of an unlawful activity — Charter of Fundamental Rights of the European Union — Article 17
Request for a preliminary ruling from the Amtsgericht Nürtingen
Language of the case: German
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Judgment of the Court (Fifth Chamber) of 22 March 2018
ECLI:EU:C:2018:211 |
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Information (on unpublished decisions)
Joined Cases C-412/16 P and C-413/16 P Ice Mountain Ibiza v EUIPO
Appeal — EU trade mark — Application for registration of EU figurative marks ocean beach club ibiza and ocean ibiza — Earlier national figurative marks OC ocean club and OC ocean club Ibiza — Regulation (EC) No 207/2009 — Article 8(1)(b) — Relative grounds for refusal — Likelihood of confusion
Case C-560/17 P Mediaexpert v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — Figurative mark in black, yellow and white, containing the word element ‘mediaexpert’ — Failure to submit a translation of the registration certificate for the earlier mark — Rejection of the application for a declaration of invalidity
Case C-575/16 Commission v Czech Republic
Failure of a Member State to fulfil obligations — Article 49 TFEU — Freedom of establishment — Notaries — Nationality requirement — Article 51 TFEU — Connection with the exercise of official authority
Joined Cases C-133/17 and C-134/17 Podilă and Others v CFR Călători and Mucea v SMDA Mureş Insolvency
Reference for a preliminary ruling — Directive 89/391/EEC — Safety and health of workers at work — Classification of work places as places characterised by particular or special conditions — Assessment of the risks to safety and health at work — Employer’s obligations
Case C-252/17 Vadillo González v Alestis Aerospace
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Insufficient information regarding the factual and legal context of the dispute in the main proceedings and lack of grounds justifying why an answer to the questions referred is necessary — Manifest inadmissibility
Case C-315/17 Centeno Meléndez v Universidad de Zaragoza
Reference for a preliminary ruling — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — System of horizontal career development — Grant of remuneration supplement — National legislation excluding non-established agents — Notions of ‘employment conditions’ and ‘objective reasons’
Case C-576/17 P(R) Wall Street Systems UK v ECB
Appeal — Order for interim measures — Public service contracts — Rejection of the bid made by a tenderer and decision to award the contract to another tenderer — Application for suspension of operation of a measure — Urgency — Serious harm
Case C-642/17 P Arrigoni v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — International registration designating the European Union of the figurative mark containing the word elements ‘Arrigoni Valtaleggio’ — Rejection of the application for a declaration of invalidity
April 2018
Case C-191/16 Pisciotti v Bundesrepublik Deutschland
Reference for a preliminary ruling — Citizenship of the Union — Articles 18 and 21 TFEU — Extradition to the United States of America of a national of a Member State who has exercised his right to freedom of movement — Extradition agreement between the European Union and that third State — Scope of EU law — Prohibition on extradition applied only to own nationals — Restriction on free movement — Justification based on the prevention of impunity — Proportionality — Informing the Union citizen’s Member State of origin
Request for a preliminary ruling from the Landgericht Berlin
Language of the case: German
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Opinion of Advocate General Bot delivered on 21 November 2017
ECLI:EU:C:2017:878 |
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Judgment of the Court (Grand Chamber) of 10 April 2018
ECLI:EU:C:2018:222 |
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Case C-320/16 Criminal proceedings against Uber France
Reference for a preliminary ruling — Services in the field of transport — Directive 2006/123/EC — Services in the internal market — Directive 98/34/EC — Information society services — Rule on information society services — Definition — Intermediation service making it possible, by means of a smartphone application and for remuneration, to put non-professional drivers using their own vehicle in contact with persons who wish to make urban journeys — Criminal penalties
Request for a preliminary ruling from the Tribunal de grande instance de Lille
Language of the case: French
| Summary |
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Opinion of Advocate General Szpunar delivered on 4 July 2017
ECLI:EU:C:2017:511 |
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Judgment of the Court (Grand Chamber) of 10 April 2018
ECLI:EU:C:2018:221 |
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Case C-85/18 PPU CV v DU
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Article 99 of the Rules of Procedure of the Court — Judicial cooperation in civil matters — Jurisdiction in matters of parental responsibility — Child custody — Regulation (EC) No 2201/2003 — Articles 8, 10 and 13 — Concept of ‘habitual residence’ of a child — Judgment delivered by a court of another Member State concerning the place of residence of a child — Wrongful removal or retention — Jurisdiction in cases of child abduction
Request for a preliminary ruling from the Judecătoria Oradea
Language of the case: Romanian
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Order of the Court (First Chamber) of 10 April 2018
ECLI:EU:C:2018:220 |
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Case C-532/16 Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos v SEB bankas
Reference for a preliminary ruling — Common system of value added tax (VAT) — Limitation of the right to deduct input tax — Adjustment of the deduction of input tax paid — Supply of land — Mischaracterisation as ‘taxable activity’ — Indication of VAT on the initial invoice — Amendment of that indication by the supplier
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
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Judgment of the Court (First Chamber) of 11 April 2018
ECLI:EU:C:2018:228 |
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Case C-258/16 Finnair v Keskinäinen Vakuutusyhtiö Fennia
Reference for a preliminary ruling — Air transport — Montreal Convention — Article 31 — Liability of air carriers for checked baggage — Requirements as to the form and content of the written complaint sent to the air carrier — Complaint made electronically and recorded in the air carrier’s information system — Complaint made on behalf of the person entitled to delivery of checked baggage or cargo by an agent of the air carrier
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Sharpston delivered on 20 December 2017
ECLI:EU:C:2017:1016 |
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Judgment of the Court (Third Chamber) of 12 April 2018
ECLI:EU:C:2018:252 |
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Case C-541/16 Commission v Denmark
Failure of a Member State to fulfil obligations — Regulation (EC) No 1072/2009 — Article 2(6) — Article 8 — Cabotage operations — Definition — Definition contained in a ‘Questions and answers’ document drawn up by the European Commission — Legal force — National implementing measures limiting the number of loading points and unloading points which may be part of the same cabotage operation — Discretion — Restriction — Proportionality
Language of the case: Danish
| Summary |
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Opinion of Advocate General Tanchev delivered on 23 November 2017
ECLI:EU:C:2017:894 |
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Judgment of the Court (Fifth Chamber) of 12 April 2018
ECLI:EU:C:2018:251 |
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Case C-550/16 A and S v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Right to family reunification — Directive 2003/86/EC — Article 2(f) — Definition of ‘unaccompanied minor’ — Article 10(3)(a) — Right of a refugee to family reunification with his parents — Refugee below the age of 18 at the time of entry into the Member State and at the time of application for asylum, but over 18 at the time of the decision granting asylum and of his application for family reunification — Relevant date for assessing ‘minor’ status of the person concerned
Request for a preliminary ruling from the rechtbank Den Haag
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bot delivered on 26 October 2017
ECLI:EU:C:2017:824 |
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Judgment of the Court (Second Chamber) of 12 April 2018
ECLI:EU:C:2018:248 |
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Case C-8/17 Biosafe - Indústria de Reciclagens v Flexipiso - Pavimentos
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Articles 63, 167, 168, 178 to 180, 182 and 219 — Principle of fiscal neutrality — Right to deduct VAT — Period allowed by national law for exercising that right — Deduction of additional VAT paid to the State that was the subject of documents rectifying the initial invoices following a tax adjustment — The date from which the period starts to run
Request for a preliminary ruling from the Supremo Tribunal de Justiça
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Kokott delivered on 30 November 2017
ECLI:EU:C:2017:927 |
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Judgment of the Court (Seventh Chamber) of 12 April 2018
ECLI:EU:C:2018:249 |
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Case C-13/17 Fédération des entreprises de la beauté v Ministre des Affaires sociales, de la Santé et des Droits des femmes and Others
Reference for a preliminary ruling — Approximation of laws — Cosmetic products — Regulation (CE) no 1223/2009 — Article 10(2) — Assessment of the safety of cosmetic products — Qualification of the safety assessor — Recognition of equivalent training courses — Disciplines similar to pharmacy, toxicology or medicine — Member States’ discretion
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 14 December 2017
ECLI:EU:C:2017:976 |
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Judgment of the Court (Sixth Chamber) of 12 April 2018
ECLI:EU:C:2018:246 |
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Case C-110/17 Commission v Belgium
Failure of a Member State to fulfil obligations — Free movement of capital — Article 63 TFEU — Article 40 of the EEA Agreement — Tax on the income of Belgian residents — Calculation of income from immovable property — Application of two different calculation methods depending on the place in which the immovable property is situated — Calculation on the basis of the cadastral value for immovable property located in Belgium — Calculation based on the actual rental value for immovable property located in another Member State of the European Union or the European Economic Area (EEA) — Difference in treatment — Restriction on the free movement of capital
Language of the case: French
| Summary |
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Judgment of the Court (Sixth Chamber) of 12 April 2018
ECLI:EU:C:2018:250 |
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Case C-227/17 Medtronic v Finanzamt Neuss
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Customs Union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Subheadings 9021 10 10, 9021 10 90 and 9021 90 90 — Spinal fixation systems — Implementing Regulation (EU) No 1214/2014
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
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Judgment of the Court (Tenth Chamber) of 12 April 2018
ECLI:EU:C:2018:247 |
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Case C-302/17 PPC Power v Finančné riaditeľstvo Slovenskej republiky and Daňový úrad pre vybrané daňové subjekty
Reference for a preliminary ruling — Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Objectives — Free allocation of allowances — National legislation making transferred and unused allowances subject to taxation)
Request for a preliminary ruling from the Krajský súd v Bratislave
Language of the case: Slovak
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Judgment of the Court (Sixth Chamber) of 12 April 2018
ECLI:EU:C:2018:245 |
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Case C-323/17 People Over Wind and Sweetman v Coillte Teoranta
Reference for a preliminary ruling — Environment — Directive 92/43/EEC — Conservation of natural habitats — Special areas of conservation — Article 6(3) — Screening in order to determine whether or not it is necessary to carry out an assessment of the implications, for a special area of conservation, of a plan or project — Measures that may be taken into account for that purpose
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
| Summary |
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Judgment of the Court (Seventh Chamber) of 12 April 2018
ECLI:EU:C:2018:244 |
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Joined Cases C-316/16 and C-424/16 B v Land Baden-Württemberg and Secretary of State for the Home Department v Vomero
References for a preliminary ruling — Citizenship of the European Union — Right to move and reside freely within the territory of the Member States — Directive 2004/38/EC — Article 28(3)(a) — Enhanced protection against expulsion — Conditions — Right of permanent residence — Residence in the host Member State for the 10 years preceding the decision to expel the person concerned from that Member State — Period of imprisonment — Consequences as regards the continuity of the 10-year period of residence — Connection with the overall assessment of an integrative link — Time at which that assessment must be carried out and criteria to be taken into account in that assessment
Requests for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg and the Supreme Court of the United Kingdom
Languages of the case: German and English
| Summary |
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Opinion of Advocate General Szpunar delivered on 24 October 2017
ECLI:EU:C:2017:797 |
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Judgment of the Court (Grand Chamber) of 17 April 2018
ECLI:EU:C:2018:256 |
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Case C-414/16 Egenberger v Evangelisches Werk für Diakonie und Entwicklung
Reference for a preliminary ruling — Social policy — Directive 2000/78/CE — Equal treatment — Difference of treatment on grounds of religion or belief — Occupational activities within churches and other organisations the ethos of which is based on religion or belief — Religion or belief constituting a genuine, legitimate and justified occupational requirement, having regard to the organisation’s ethos — Concept — Nature and context of the activities — Article 17 TFEU — Articles 10, 21 and 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Opinion of Advocate General Tanchev delivered on 9 November 2017
ECLI:EU:C:2017:851 |
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Judgment of the Court (Grand Chamber) of 17 April 2018
ECLI:EU:C:2018:257 |
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Joined Cases C-195/17, C-197/17 to C-203/17, C-226/17, C-228/17, C-254/17, C-274/17, C-275/17, C-278/17 to C-286/17 and C-290/17 to C-292/17 Krüsemann and Others v TUIfly
References for a preliminary ruling — Transport — Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights — Regulation (EC) No 261/2004 — Article 5(3) — Article 7(1) — Right to compensation — Exemption — ‘Extraordinary circumstances’ — ‘Wildcat strike’
References for a preliminary ruling from the Amtsgericht Hannover and Amtsgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Tanchev delivered on 12 April 2018
ECLI:EU:C:2018:243 |
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Judgment of the Court (Third Chamber) of 17 April 2018
ECLI:EU:C:2018:258 |
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Case C-441/17 Commission v Poland (Białowieża Forest)
Failure of a Member State to fulfil obligations — Environment — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Article 6(1) and (3) — Article 12(1) — Directive 2009/147/EC — Conservation of wild birds — Articles 4 and 5 — ‘Puszcza Białowieska’ Natura 2000 site — Amendment of the forest management plan — Increase in the volume of harvestable timber — Plan or project not directly necessary to the management of the site that is likely to have a significant effect on it — Appropriate assessment of the implications for the site — Adverse effect on the integrity of the site — Actual implementation of the conservation measures — Effects on the breeding sites and resting places of the protected species
Language of the case: Polish
| Summary |
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Opinion of Advocate General Bot delivered on 20 February 2018
ECLI:EU:C:2018:80 |
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Judgment of the Court (Grand Chamber) of 17 April 2018
ECLI:EU:C:2018:255 |
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Case C-640/17 dos Santos v Fazenda Pública
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Internal taxation — Prohibition of discriminatory taxation — Article 110 TFEU — Annual road tax for motor vehicles — Setting of tax rate according to the date of first registration of the vehicle in the taxing Member State — Second-hand motor vehicles imported from other Member States — No account taken of the date of first registration in another Member State
Request for a preliminary ruling from the Tribunal Administrativo e Fiscal de Coimbra
Language of the case: Portuguese
| Summary |
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Order of the Court (Eighth Chamber) of 17 April 2018
ECLI:EU:C:2018:275 |
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Case C-525/16 MEO – Serviços de Comunicações e Multimédia v Autoridade da Concorrência
Reference for a preliminary ruling — Competition — Abuse of dominant position — Subparagraph (c) of the second paragraph of Article 102 TFEU — Concept of ‘competitive disadvantage’ — Discriminatory prices on the downstream market — Cooperative for the management of rights relating to copyright — Royalty payable by domestic entities which provide a paid television signal transmission service and television content
Request for a preliminary ruling from the Tribunal da Concorrência, Regulação e Supervisão
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Wahl delivered on 20 December 2017
ECLI:EU:C:2017:1020 |
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Judgment of the Court (Second Chamber) of 19 April 2018
ECLI:EU:C:2018:270 |
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Case C-565/16 Proceedings brought by Saponaro and Xylina
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility — Regulation (EC) No 2201/2003 — Court of a Member State seised with an application for judicial authorisation to renounce an inheritance on behalf of a minor child — Jurisdiction in matters of parental responsibility — Prorogation of jurisdiction — Article 12(3)(b) — Acceptance of jurisdiction — Conditions
Request for a preliminary ruling from the Eirinodikeio Lerou
Language of the case: Greek
| Summary |
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Opinion of Advocate General Tanchev delivered on 6 December 2017
ECLI:EU:C:2017:942 |
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Judgment of the Court (Sixth Chamber) of 19 April 2018
ECLI:EU:C:2018:265 |
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Case C-580/16 Firma Hans Bühler v Finanzamt de Graz-Stadt
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Place of intra-Community acquisition — Article 42 — Intra-Community acquisition of goods that are the object of a subsequent supply — Article 141 — Exemption — Triangular transaction — Simplification measures — Article 265 — Correction of recapitulative statement
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 30 November 2017
ECLI:EU:C:2017:930 |
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Judgment of the Court (Fourth Chamber) of 19 April 2018
ECLI:EU:C:2018:261 |
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Case C-645/16 CMR v Demeures terre et tradition
Reference for a preliminary ruling — Self-employed commercial agents — Directive 86/653/EEC — Right of the commercial agent to an indemnity or compensation for damage following termination of the commercial agency contract — Article 17 — Exclusion from the right to indemnity in the event of termination of the contract during the trial period provided for in the contract
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
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Judgment of the Court (Fourth Chamber) of 19 April 2018
ECLI:EU:C:2018:262 |
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Case C-65/17 Oftalma Hospital v CIOV and Regione Piemonte
Reference for a preliminary ruling — Public service contracts — Health and social services — Award contrary to the rules on public procurement — Requirement to comply with the principles of transparency and equal treatment — Concept of ‘certain cross-border interest’ — Directive 92/50/EEC — Article 27
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Judgment of the Court (Ninth Chamber) of 19 April 2018
ECLI:EU:C:2018:263 |
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Case C-148/17 Peek & Cloppenburg v Peek & Cloppenburg
Reference for a preliminary ruling — Trade-mark law — Directive 2008/95/EC — Article 14 — Establishment a posteriori of the invalidity or revocation of a trade mark — Date on which the conditions for revocation or invalidity must be met — Regulation (EC) No 207/2009 — EU trade mark — Article 34(2) — Claiming the seniority of an earlier national mark — Effects of that claim on the earlier national mark
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber) of 19 April 2018
ECLI:EU:C:2018:271 |
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Case C-152/17 Consorzio Italian Management and Catania Multiservizi v Rete Ferroviaria Italiana
Reference for a preliminary ruling — Procurement procedures of entities operating in the water, energy, transport and postal services sectors — Directive 2004/17/EC — Obligation to review prices after the award of the contract — No such obligation in Directive 2004/17/EC or arising from the general principles underlying Article 56 TFEU and Directive 2004/17/EC — Cleaning and maintenance services linked to railway transport operations — Article 3(3) TEU — Articles 26, 57, 58 and 101 TFEU — Lack of sufficient information concerning the factual context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred — Inadmissibility — Article 16 of the Charter of Fundamental Rights of the European Union — Provision of national law not implementing EU law — Lack of jurisdiction
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Ninth Chamber) of 19 April 2018
ECLI:EU:C:2018:264 |
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Case C-353/16 MP v Secretary of State for the Home Department (Subsidiary protection of a person previously a victim of torture)
Reference for a preliminary ruling — Asylum policy — Charter of Fundamental Rights of the European Union — Article 4 — Directive 2004/83/EC — Article 2(e) — Eligibility for subsidiary protection — Article 15(b) — Risk of serious harm to the psychological health of the applicant if returned to the country of origin — Person who has been tortured in the country of origin
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
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Opinion of Advocate General Bot delivered on 24 October 2017
ECLI:EU:C:2017:795 |
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Judgment of the Court (Grand Chamber) of 24 April 2018
ECLI:EU:C:2018:276 |
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Case C-102/17 Secretaria Regional de Saúde dos Açores v Ministério Público
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Article 267 TFEU — Concept of a ‘court or tribunal of a Member State’ — Proceedings intended to lead to a decision of a judicial nature — National court of auditors — Prior review of the legality and budgetary justification of public expenditure — Manifest inadmissibility
Request for a preliminary ruling from the Tribunal de Contas
Language of the case: Portuguese
| Summary |
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Order of the Court (Eighth Chamber) of 25 April 2018
ECLI:EU:C:2018:294 |
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Case C-233/16 ANGED v Generalitat de Catalunya
Reference for a preliminary ruling — Regional tax on large retail establishments — Freedom of establishment — Protection of the environment and town and country planning — State aid — Selective measure — Letter from the Commission stating that no further action will be taken on a complaint — Existing aid
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Kokott delivered on 9 November 2017
ECLI:EU:C:2017:852 |
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Judgment of the Court (First Chamber) of 26 April 2018
ECLI:EU:C:2018:280 |
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Joined Cases C-234/16 and C-235/16 ANGED v Consejería de Economía y Hacienda del Principado de Asturias and Consejo de Gobierno del Principado de Asturias
References for a preliminary ruling — Regional tax on large retail establishments — Freedom of establishment — Protection of the environment and town and country planning — State aid — Selective measure
Requests for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Kokott delivered on 9 November 2017
ECLI:EU:C:2017:853 |
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Judgment of the Court (First Chamber) of 26 April 2018
ECLI:EU:C:2018:281 |
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Case C-236/16 ANGED v Diputación General de Aragón
References for a preliminary ruling — Regional tax on large retail establishments — Freedom of establishment — Protection of the environment and town and country planning — State aid — Selective measure
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Kokott delivered on 9 November 2017
ECLI:EU:C:2017:854 |
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Judgment of the Court (First Chamber) of 26 April 2018
ECLI:EU:C:2018:291 |
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Case C-34/17 Donnellan v The Revenue Commissioners
Reference for a preliminary ruling — Mutual assistance for the recovery of claims — Directive 2010/24/EU — Article 14 — Right to an effective remedy — Charter of Fundamental Rights of the European Union — Article 47 — Possibility for the requested authority to refuse recovery assistance on the basis that the claim was not duly notified
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Tanchev delivered on 8 March 2018
ECLI:EU:C:2018:174 |
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Judgment of the Court (Second Chamber) of 26 April 2018
ECLI:EU:C:2018:282 |
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Case C-81/17 Zabrus Siret v Direcţia Generală Regională a Finanţelor Publice Iaşi - Administraţia Judeţeană a Finanţelor Publice Suceava
Reference for a preliminary ruling — Taxation — Directive 2006/112/EC — Common system of value added tax (VAT) — Deduction of input tax — Right to a refund of VAT — Transactions relating to a tax period that has already been the subject of a tax inspection which has concluded — National legislation — Possibility for the taxable person to correct tax returns which have already been covered by a tax inspection — Precluded — Principle of effectiveness — Fiscal neutrality — Legal certainty
Request for a preliminary ruling from the Curtea de Apel Suceava
Language of the case: Romanian
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Judgment of the Court (Ninth Chamber) of 26 April 2018
ECLI:EU:C:2018:283 |
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Case C-97/17 Commission v Bulgaria
Failure of a Member State to fulfil obligations — Protection of nature — Directive 2009/147/EC — Conservation of wild birds — Special Protection Area (SPA) — Classification as SPAs of the most suitable territories in number and size for the conservation of the bird species listed in Annex I to Directive 2009/147 — Important Bird Area (IBA) — IBA Rila — Partial classification of IBA Rila as an SPA
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Second Chamber) of 26 April 2018
ECLI:EU:C:2018:285 |
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Information (on unpublished decisions)
Case C-327/17 P Cryo-Save v EUIPO
Appeal — European Union trade mark — Revocation proceedings — Withdrawal of the application for revocation — Appeal which has become devoid of purpose — No need to adjudicate
Case C-651/17 P Grupo Osborne v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the figurative mark containing the word element ‘BADTORO’ — Opposition proceedings — Earlier national figurative mark containing the word element ‘TORO’ — Earlier national word mark EL TORO — Earlier European Union word mark TORO — Relative ground for refusal — Refusal of registration — Annulment — No likelihood of confusion
Case C-652/17 P Grupo Osborne v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the figurative mark containing the word element “BADTORO” — Opposition proceedings — Earlier figurative and word marks of the European Union TORO — Relative ground for refusal — Rejection in part of the application for registration — Annulment — No likelihood of confusion
Case C-478/16 P EUIPO v Group
Appeal — EU trade mark — Definition and acquisition of the EU trade mark — Relative grounds for refusal — Opposition by the proprietor of a non-registered trade mark or other sign used in the course of trade — Examination by the Board of Appeal — New or supplementary evidence — Regulation (EC) No 207/2009 — Article 76(2) — Regulation (EC) No 2868/95 — Third subparagraph of Rule 50(1)
Case C-75/17 P Fiesta Hotels & Resorts v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 8(4) — Article 65 — Unregistered trade name GRAND HOTEL PALLADIUM — Figurative mark containing the word elements ‘PALLADIUM PALACE IBIZA RESORT & SPA’ — Application for a declaration of invalidity based on a prior right acquired pursuant to national law — Conditions — Sign of more than merely local significance — Right to prohibit the use of a subsequent trade mark
Joined Cases C-91/17 P and C-92/17 P Cellnex Telecom and Telecom Castilla-La Mancha v Commission
Appeal — State Aid — Digital television — Aid for the extension of digital terrestrial television to the remote and less urbanised areas of the Comunidad Autónoma de Castilla-La Mancha (Autonomous Community of Castilla-La Mancha, Spain) — Grant in favour of operators of digital terrestrial television platforms — Decision declaring the aid measures to be partially incompatible with the internal market — Concept of ‘State Aid’ — Advantage — Service of general economic interest — Definition — Margin of discretion of the Member States
May 2018
Case C-574/15 Criminal proceedings against Scialdone
Reference for a preliminary ruling — Value added tax (VAT) — Protection of the European Union’s financial interests — Article 4(3) TEU — Article 325(1) TFEU — Directive 2006/112/EC — PFI Convention — Penalties — Principles of equivalence and effectiveness — Failure to pay, within the time limit prescribed by law, the VAT resulting from an annual tax return — National legislation imposing a custodial sentence only where the amount of unpaid VAT exceeds a certain criminalisation threshold — National legislation imposing a lower criminalisation threshold for a failure to pay withholding income tax
Request for a preliminary ruling from the Tribunale di Varese
Language of the case: Italian
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Opinion of Advocate General Bobek delivered on 13 July 2017
ECLI:EU:C:2017:553 |
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Judgment of the Court (Grand Chamber) of 2 May 2018
ECLI:EU:C:2018:295 |
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Case C-331/16 K. v Staatssecretaris van Veiligheid en Justitie and H.F. v Belgische Staat (Right of residence and alleged war crimes)
Reference for a preliminary ruling — Citizenship of the European Union — Right to move and reside freely within the territory of the Member States — Directive 2004/38/EC — Second subparagraph of Article 27(2) — Restrictions on the right of entry and the right of residence on grounds of public policy, public security or public health — Expulsion on grounds of public policy or public security — Conduct representing a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society — Person whose asylum application has been refused for reasons within the scope of Article 1F of the Geneva Convention or Article 12(2) of Directive 2011/95/EU — Article 28(1) — Article 28(3)(a) — Protection against expulsion — Residence in the host Member State for the previous ten years — Imperative grounds of public security — Meaning
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Middelburg and the Raad voor Vreemdelingenbetwistingen
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 14 December 2017
ECLI:EU:C:2017:973 |
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Judgment of the Court (Grand Chamber) of 2 May 2018
ECLI:EU:C:2018:296 |
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Case C-376/16 P EUIPO v European Dynamics Luxembourg and Others
Appeal — Public service contracts — Provision of external services for programme and project management and technical consultancy in the field of information technologies — Cascade procedure — Article 21 of the Statute of the Court of Justice of the European Union — Article 76 and Article 84(1) of the Rules of Procedure of the General Court — Ruling ultra petita prohibited — Weighting of sub-criteria within award criteria — Manifest errors of assessment — Regulation (EC, Euratom) No 1605/2002 — Article 100(2) — Decision rejecting a tender — Failure to state reasons — Loss of opportunity — Non-contractual liability of the European Union — Claim for damages
Language of the case: English
| Summary |
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Opinion of Advocate General Mengozzi delivered on 28 September 2017
ECLI:EU:C:2017:729 |
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Judgment of the Court (Fourth Chamber) of 3 May 2018
ECLI:EU:C:2018:299 |
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Case C-82/16 K.A. and Others v Belgische Staat (Family reunification in Belgium)
Reference for a preliminary ruling — Border control, asylum, immigration — Article 20 TFEU — Charter of Fundamental Rights of the European Union — Articles 7 and 24 — Directive 2008/115/EC — Articles 5 and 11 — Third‑country national subject to an entry ban — Application for residence for the purposes of family reunification with a Union citizen who has not exercised freedom of movement — Refusal to examine the application
Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 26 October 2017
ECLI:EU:C:2017:821 |
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Judgment of the Court (Grand Chamber) of 8 May 2018
ECLI:EU:C:2018:308 |
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Case C-147/16 Karel de Grote – Hogeschool Katholieke Hogeschool Antwerpen v Kuijpers
Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms in consumer contracts concluded between a seller or supplier and a consumer — Examination by the national court of its own motion of the question of whether the contract is within the scope of that directive — Article 2(c) — Notion of ‘seller or supplier’ — Higher educational establishment financed mainly by public funds — Contract for an interest-free repayment plan for registration fees and share of costs of a study trip
Request for a preliminary ruling from the vredegerecht te Antwerpen
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 30 November 2017
ECLI:EU:C:2017:928 |
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Judgment of the Court (Fifth Chamber) of 17 May 2018
ECLI:EU:C:2018:320 |
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Case C-325/16 Industrias Químicas del Vallés v Administración General del Estado and Sapec Agro
Reference for a preliminary ruling — Agriculture — Directive 91/414/EEC — Directive 2010/28/EU — Article 3(1) — Procedure for re-evaluation by Member States, authorised plant protection products — Time limit — Extension
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Szpunar delivered on 1 February 2018
ECLI:EU:C:2018:55 |
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Judgment of the Court (Ninth Chamber) of 17 May 2018
ECLI:EU:C:2018:326 |
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Case C-531/16 Šiaulių regiono atliekų tvarkymo centras and Ecoservice projektai
Reference for a preliminary ruling — Directive 2004/18/EC — Procedures for the award of public works contracts, public supply contracts and public service contracts — Links between tenderers having submitted separate tenders in the same procedure — Obligations of the tenderers, of the contracting authority and of the national court
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 22 November 2017
ECLI:EU:C:2017:883 |
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Judgment of the Court (Fourth Chamber) of 17 May 2018
ECLI:EU:C:2018:324 |
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Case C-566/16 Vámos v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Articles 282 to 292 — Special scheme for small enterprises — Exemption scheme — Obligation to opt for the application of the special scheme in the reference calendar year
Request for a preliminary ruling from the Nyíregyházi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Wahl delivered on 23 November 2017
ECLI:EU:C:2017:895 |
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Judgment of the Court (Fifth Chamber) of 17 May 2018
ECLI:EU:C:2018:321 |
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Case C-642/16 Junek Europ-Vertrieb v Lohmann & Rauscher International
Reference for a preliminary ruling — Intellectual property — Trade mark law — Regulation (EC) No 207/2009 — Article 13 — Exhaustion of the rights conferred by a trade mark — Parallel imports — Repackaging of the product bearing the mark — New labelling — Conditions applicable to medical devices
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Judgment of the Court (Fifth Chamber) of 17 May 2018
ECLI:EU:C:2018:322 |
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Case C-30/17 Dyrektor Izby Celnej w Poznaniu v Kompania Piwowarska
Reference for a preliminary ruling — Tax provisions — Excise duties — Directive 92/83/EEC — Article 3(1) — Alcohol and alcoholic beverages — Beer — Flavoured beer — Degree Plato — Method of calculation
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Opinion of Advocate General Bot delivered on 1 February 2018
ECLI:EU:C:2018:54 |
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Judgment of the Court (Fourth Chamber) of 17 May 2018
ECLI:EU:C:2018:325 |
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Case C-229/17 Evonik Degussa v Bundesrepublik Deutschland
Reference for a preliminary ruling — Environment — Scheme for greenhouse gas emission allowance trading within the European Union — Free allocation — Directive 2003/87/EC — Article 10a — Annex I — Decision 2011/278/EU — Annex I, Part 2 — Determination of product benchmarks — Production of hydrogen — System boundaries of the product benchmark for hydrogen — Process element of separation of hydrogen in a rich gas stream which already contains hydrogen
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
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Judgment of the Court (Sixth Chamber) of 17 May 2018
ECLI:EU:C:2018:323 |
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Case C-426/16 Liga van Moskeeën en Islamitische Organisaties Provincie Antwerpen and Others v Vlaams Gewest
Reference for a preliminary ruling — Protection of animals at the time of killing — Particular methods of slaughter prescribed by religious rites — Muslim Feast of Sacrifice — Regulation (EC) No 1099/2009 — Article 2(k) — Article 4(4) — Obligation for ritual slaughtering without stunning to be carried out in approved slaughterhouses which satisfy the requirements of Regulation (EC) No 835/2004 — Validity — Charter of Fundamental Rights of the European Union — Article 10 — Freedom of religion — Article 13 TFEU — Respect for national customs with regard to religious rites
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Wahl delivered on 30 November 2017
ECLI:EU:C:2017:926 |
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Judgment of the Court (Grand Chamber) of 29 May 2018
ECLI:EU:C:2018:335 |
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Case C-85/16 P Tsujimoto v EUIPO
Appeal — EU trade mark — Applications for registration of the word mark KENZO ESTATE — Earlier EU word mark KENZO — Regulation (EC) No 207/2009 — Article 8(5) — Relative ground for refusal of registration — Reputation — Due cause
Language of the case: English
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Opinion of Advocate General Sharpston delivered on 7 December 2017
ECLI:EU:C:2017:950 |
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Judgment of the Court (Tenth Chamber) of 30 May 2018
ECLI:EU:C:2018:349 |
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Case C-370/16 Dell'Acqua v Eurocom and Regione Lombardia
Reference for a preliminary ruling — Privileges and immunities of the European Union — Protocol No 7 — Article 1 — Whether or not prior authorisation from the Court is necessary — Structural Funds — EU financial assistance — Attachment proceedings against a national authority to attach sums deriving from that assistance
Request for a preliminary ruling from the Tribunale di Novara
Language of the case: Italian
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Opinion of Advocate General Kokott delivered on 26 July 2017
ECLI:EU:C:2017:614 |
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Judgment of the Court (Third Chamber) of 30 May 2018
ECLI:EU:C:2018:344 |
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Case C-517/16 Czerwiński v Zakład Ubezpieczeń Społecznych Oddział
Reference for a preliminary ruling — Social security for migrant workers — Coordination of social security systems — Regulation (EC) No 883/2004 — Material scope — Article 3 — Declaration made by Member States under Article 9 — Bridging pension — Classification — Statutory pre-retirement schemes — Exclusion of the rule of aggregation of periods under Article 66
Request for a preliminary ruling from the Sąd Apelacyjny w Gdańsku III Wydział Pracy i Ubezpieczeń Społecznych
Language of the case: Polish
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Judgment of the Court (Tenth Chamber) of 30 May 2018
ECLI:EU:C:2018:350 |
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Case C-390/17 P Azoulay and Others v Parliament
Appeal — Civil service — Remuneration — Family allowances — Education allowance — Refusal to reimburse education costs — Article 3(1) of Annex VII to the Staff Regulations of officials of the European Union
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 22 March 2018
ECLI:EU:C:2018:217 |
|
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Judgment of the Court (Seventh Chamber) of 30 May 2018
ECLI:EU:C:2018:347 |
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Joined Cases C-259/16 and C-260/16 Confetra and Others v Autorità per le Garanzie nelle Comunicazioni and Ministero dello Sviluppo Economico
Reference for a preliminary ruling — Postal services in the European Union — Directive 97/67/EC — Articles 2, 7 and 9 — Directive 2008/6/EC — Definition of ‘postal service provider’ — Haulage, freight-forwarding and express mail undertakings providing services involving the clearance, sorting, transport and distribution of postal items — Authorisation required for the provision of postal services to the public — Contribution to the costs of providing universal service
References for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 28 November 2017
ECLI:EU:C:2017:910 |
|
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Judgment of the Court (Fifth Chamber) of 31 May 2018
ECLI:EU:C:2018:370 |
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Case C-382/16 Hornbach-Baumarkt v Finanzamt Landau
Reference for a preliminary ruling — Freedom of establishment — Corporation tax — Legislation of a Member State — Calculation of the taxable revenue of companies — Advantage granted gratuitously by a resident company to a non-resident company to which is it linked by a relationship of interdependence — Correction of the taxable income of the resident company — No correction of taxable income in the event of an identical advantage granted by a resident company to another resident company to which it is linked by such a relationship — Restriction on the freedom of establishment — Justification
Request for a preliminary ruling from the Finanzgericht Rheinland-Pfalz
Language of the case: German
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Opinion of Advocate General Bobek delivered on 14 December 2017
ECLI:EU:C:2017:974 |
|
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Judgment of the Court (Second Chamber) of 31 May 2018
ECLI:EU:C:2018:366 |
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Case C-483/16 Sziber v ERSTE Bank Hungary
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Opinion of Advocate General Wahl delivered on 16 January 2018
ECLI:EU:C:2018:9 |
|
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Judgment of the Court (Second Chamber) of 31 May 2018
ECLI:EU:C:2018:367 |
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Case C-542/16 Länsförsäkringar Sak Försäkringsaktiebolag and Others v Dödsboet efter Ingvar Mattsson and Länsförsäkringar Sak Försäkringsaktiebolag
Reference for a preliminary ruling — Directive 2002/92/EC — Scope — Concept of insurance mediation — Directive 2004/39/EC — Scope — Concept of ‘investment advice’ — Advice given in insurance mediation concerning the placement of capital in the context of capital life assurance — Classification of the activity of an insurance agent in the absence of his intention to conclude a genuine insurance contract
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 21 November 2017
ECLI:EU:C:2017:879 |
|
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Judgment of the Court (Fourth Chamber) of 31 May 2018
ECLI:EU:C:2018:369 |
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Case C-633/16 Ernst & Young v Konkurrencerådet
Reference for a preliminary ruling — Control of concentrations of undertakings — Regulation (EC) No 139/2004 — Article 7(1) — Implementation of a concentration prior to notification to the European Commission and declaration of compatibility with the common market — Prohibition — Scope — Concept of ‘concentration’ — Termination of a cooperation agreement with a third party by one of the merging undertakings
Request for a preliminary ruling from the Sø- og Handelsretten
Language of the case: Danish
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Opinion of Advocate General Wahl delivered on 18 January 2018
ECLI:EU:C:2018:23 |
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Judgment of the Court (Fifth Chamber) of 31 May 2018
ECLI:EU:C:2018:371 |
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Case C-647/16 Hassan v Préfet du Pas-de-Calais
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determination of the Member State responsible for the examination of an application for international protection lodged in a Member State by a third-country national — Procedures for taking charge and taking back — Article 26(1) — Adoption and notification of the transfer decision before the acceptance of the take back request by the requested Member State
Request for a preliminary ruling from the Tribunal administratif de Lille
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 20 December 2017
ECLI:EU:C:2017:1018 |
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Judgment of the Court (Second Chamber) of 31 May 2018
ECLI:EU:C:2018:368 |
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Joined Cases C-660/16 and C-661/16 Finanzamt Dachau v Kollroß and Finanzamt Göppingen v Wirtl
References for a preliminary ruling — Taxation — Common system of value added tax (VAT) — Directive 2006/112/EC — Supply of goods — Article 65 — Article 167 — Payment on account for the purchase of an item not followed by delivery of that item — Supplier’s legal representatives convicted of fraud — Insolvency of the supplier — Deduction of input tax — Conditions — Articles 185 and 186 — Adjustment by the national tax authorities — Conditions
References for a preliminary ruling from the the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 30 January 2018
ECLI:EU:C:2018:45 |
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Judgment of the Court (Fifth Chamber) of 31 May 2018
ECLI:EU:C:2018:372 |
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Case C-190/17 Zheng v Ministerio de Economía y Competitividad
Reference for a preliminary ruling — Controls of cash entering or leaving the European Union — Regulation (EC) No 1889/2005 — Scope — Article 63 TFEU — Free movement of capital — Third-country national transporting a significant amount of undeclared cash in his luggage — Obligation to declare the sum being taken out of Spanish territory — Penalties — Proportionality
Request for a preliminary ruling from the Tribunal Superior de Justicia de Madrid
Language of the case: Spanish
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Judgment of the Court (First Chamber) of 31 May 2018
ECLI:EU:C:2018:357 |
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Case C-306/17 Nothartová v Boldizsár
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Jurisdiction — Special jurisdiction — Article 8(3) — Counterclaim arising or not arising from the same contract or facts on which the original claim was based
Request for a preliminary ruling from the Tatabányai Törvényszék
Language of the case: Hungarian
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Judgment of the Court (Eighth Chamber) of 31 May 2018
ECLI:EU:C:2018:360 |
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Case C-335/17 Valcheva v Babanarakis
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 2201/2003 — Scope — Concept of ‘rights of access’ — Article 1(2)(a) and Article 2.7 and 2.10 — Rights of access of grandparents
Request for a preliminary ruling from the Varhoven kasatsionen sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Szpunar delivered on 12 April 2018
ECLI:EU:C:2018:242 |
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Judgment of the Court (First Chamber) of 31 May 2018
ECLI:EU:C:2018:359 |
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Case C-537/17 Wegener v Royal Air Maroc
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 3(1) — Scope — Definition of ‘connecting flight’ — Flight departing from an airport situated in the territory of a Member State, including a transfer at an airport situated in the territory of a third State and destined for another airport of that third State
Request for a preliminary ruling from the Landgericht Berlin
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 31 May 2018
ECLI:EU:C:2018:361 |
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Information (on unpublished decisions)
Case C-402/17 P JYSK v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Refusal to grant a financial contribution from the European Regional Development Fund (ERDF) to the major project ‘European Shared Services Centre’ — Action for annulment — Undertaking responsible for project implementation — Conditions of admissibility — Lack of direct concern
Case C-684/17 P Banca Monte dei Paschi di Siena and Banca Widiba v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word mark WIDIBA — Rejection of the application for registration
Case C-685/17 P Banca Monte dei Paschi di Siena and Banca Widiba v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the figurative mark including the word element ‘widiba’ — Rejection of the application for registration
Case C-12/18 P(I) United States v Apple Sales International and Others
Appeal — Intervention — Third country — State aid — Aid implemented by Ireland in favour of Apple — Advance tax agreement (tax ruling) — Selective tax advantages — Action for annulment — Interest in the result of the case
Case C-565/17 P(R) BASF Grenzach v ECHA
Appeal — Order for interim measures — Decision of the Board of Appeal of the European Chemicals Agency (ECHA) relating to the substance evaluation of triclosan — Suspension of operation — Urgency — Intervention — No direct, existing interest
Case C-481/17 Yanchev v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika Veliko Tarnovo pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Aid scheme authorised by the European Commission — Investment aid in the agricultural sector — Tax exemption — Tax relief on corporation tax — Conditions — Refusal to grant individual aid under that aid scheme
Joined Cases C-519/17 P and C-522/17 P to C-525/17 P L'Oréal v EUIPO
Appeal — EU trade mark — Opposition proceedings — Applications for registration of the word marks MASTER PRECISE, MASTER SMOKY, MASTER SHAPE, MASTER DUO and MASTER DRAMA — Earlier national figurative mark MASTERS COLORS PARIS — Rejection of the applications for registration — Inadequate statement of reasons — To be considered of the Court’s own motion
Case C-190/18 SNCB v Rusu
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Insufficient information as to the factual and regulatory context of the dispute in the main proceedings and lack of grounds justifying the need for an answer to the questions referred — Manifest inadmissibility
Case C-526/16 Commission v Poland
Failure of a Member State to fulfil obligations — Directive 2011/92/EU — Assessment of the effects on the environment of drilling to locate or search for shale gas — Deep drillings — Selection criteria — Determination of thresholds
Case C-251/17 Commission v Italy
Failure of a Member State to fulfil obligations — Collection and treatment of urban waste water — Directive 91/271/EEC — Articles 3, 4 and 10 — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Financial penalties — Fine and lump sum
Case C-655/17 P Berliner Stadtwerke v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the word mark berlinWärme — Rejection of the application for registration
Case C-656/17 P Berliner Stadtwerke v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the word mark berlinGas — Rejection of the application for registration
Case C-24/18 Bán v KP 2000 and Kovács
Reference for a preliminary ruling — Fundamental freedoms — Articles 49 and 63 TFEU — Purely internal situation — Insufficient information regarding the factual and legal context of the case in the main proceedings — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Manifest inadmissibility
Case C-62/18 P Merck v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Revocation proceedings — Word mark FEMIBION — Partial rejection of the application for revocation
June 2018
Case C-612/15 Criminal proceedings against Kolev and Others
Reference for a preliminary ruling — Article 325 TFEU — Fraud or any other illegal activities affecting the financial interests of the European Union in customs matters — Effectiveness of prosecution — Closure of criminal proceedings — Reasonable time — Directive 2012/13/EU — Right of a person to be informed of the charges against him — Right of access to case materials — Directive 2013/48/EU — Right of access to a lawyer
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Bot delivered on 4 April 2017
ECLI:EU:C:2017:257 |
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Judgment of the Court (Grand Chamber) of 5 June 2018
ECLI:EU:C:2018:392 |
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Case C-210/16 Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein v Wirtschaftsakademie Schleswig-Holstein
Reference for a preliminary ruling — Directive 95/46/EC — Personal data — Protection of natural persons with respect to the processing of that data — Order to deactivate a Facebook page (fan page) enabling the collection and processing of certain data of visitors to that page — Article 2(d) — Controller responsible for the processing of personal data — Article 4 — Applicable national law — Article 28 — National supervisory authorities — Powers of intervention of those authorities
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 24 October 2017
ECLI:EU:C:2017:796 |
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Judgment of the Court (Grand Chamber) of 5 June 2018
ECLI:EU:C:2018:388 |
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Case C-574/16 Grupo Norte Facility v Moreira Gómez
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Definition of ‘employment conditions’ — Comparability of situations — Justification — Definition of ‘objective grounds’ — Compensation in the event of termination of a permanent employment contract on objective grounds — Lesser amount of compensation paid on expiry of a fixed-term ‘relief’ employment contract
Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Kokott delivered on 20 December 2017
ECLI:EU:C:2017:1022 |
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Judgment of the Court (Grand Chamber) of 5 June 2018
ECLI:EU:C:2018:390 |
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Case C-673/16 Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne
Reference for a preliminary ruling — Citizenship of the Union — Article 21 TFEU — Right of Union citizens to move and reside freely in the territory of the Member States — Directive 2004/38/EC — Article 3 — Beneficiaries — Family members of the Union citizen — Article 2(2)(a) — Definition of ‘spouse’ — Marriage between persons of the same sex — Article 7 — Right of residence for more than three months — Fundamental rights
Request for a preliminary ruling from the Curtea Constituţională a României
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Wathelet delivered on 11 January 2018
ECLI:EU:C:2018:2 |
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Judgment of the Court (Grand Chamber) of 5 June 2018
ECLI:EU:C:2018:385 |
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Case C-677/16 Montero Mateos v Atención Social de la Consejería de Políticas Sociales y Familia
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Definition of ‘employment conditions’ — Comparability of situations — Justification — Definition of ‘objective grounds’ — Compensation in the event of termination of an employment contract of indefinite duration on objective grounds — No compensation on expiry of a fixed-term ‘interinidad’ contract
Request for a preliminary ruling from the Juzgado de lo Social de Madrid
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Kokott delivered on 20 December 2017
ECLI:EU:C:2017:1021 |
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Judgment of the Court (Grand Chamber) of 5 June 2018
ECLI:EU:C:2018:393 |
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Case C-667/16 Nooren v Staatssecretaris van Economische Zaken
Reference for a preliminary ruling — Common agricultural policy — EAFRD financing — Regulation (EC) No 1122/2009 — Support for rural development — Non-compliance with cross-compliance rules — Reductions and exclusions — Aggregation of reductions
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
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Judgment of the Court (First Chamber) of 6 June 2018
ECLI:EU:C:2018:394 |
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Case C-49/17 Koppers Denmark v Skatteministeriet
Reference for a preliminary ruling — Directive 2003/96/EC — Taxation of energy products and electricity — Article 21(3) — Chargeable event giving rise to taxation — Consumption of energy products produced within the curtilage of an establishment producing energy products — Energy products used for purposes other than as motor fuels or as heating fuels — Consumption of solvent as fuel at the coal tar distillation plant
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
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Opinion of Advocate General Szpunar delivered on 22 February 2018
ECLI:EU:C:2018:93 |
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Judgment of the Court (First Chamber) of 6 June 2018
ECLI:EU:C:2018:395 |
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Case C-250/17 Tarragó da Silveira v Massa Insolvente da Espírito Santo Financial Group
Reference for a preliminary ruling — Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 15 — Effects of insolvency proceedings on lawsuits pending concerning an asset or a right of which the debtor has been divested — Concept of ‘lawsuit pending’ — Substantive proceedings for the recognition of the existence of a debt
Request for a preliminary ruling from the Supremo Tribunal de Justiça
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Ninth Chamber) of 6 June 2018
ECLI:EU:C:2018:398 |
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Case C-554/16 EP Agrarhandel v Bundesminister für Land-, Forst-, Umwelt und Wasserwirtschaft
Reference for a preliminary ruling — Common agricultural policy — Regulation (EC) No 73/2009 — Support for farmers — Suckler-cow premium — Second paragraph of Article 117 — Transmission of information — Decision 2001/672/EC, as amended by Decision 2010/300/EU — Movements of bovine animals to summer grazing in mountain areas — Article 2(4) — Time limit for notification of the movement — Calculation — Notifications out of time — Eligibility for the payment of premiums — Condition — Taking account of the time limit for dispatch
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Kokott delivered on 7 December 2017
ECLI:EU:C:2017:956 |
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Judgment of the Court (Fifth Chamber) of 7 June 2018
ECLI:EU:C:2018:406 |
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Case C-589/16 Filippi and Others v Landespolizeidirektion Oberösterreich and Others
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Lack of sufficient information concerning the factual and regulatory background to the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling — Manifest inadmissibility
Request for a preliminary ruling from the Landesverwaltungsgericht Oberösterreich
Language of the case: German
| Summary |
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Order of the Court (Eighth Chamber) of 7 June 2018
ECLI:EU:C:2018:417 |
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Case C-671/16 Inter-Environnement Bruxelles and Others v Région de Bruxelles-Capitale
Reference for a preliminary ruling — Environment — Directive 2001/42/EC — Article 2(a) — Concept of ‘plans and programmes’ — Article 3 — Assessment of the effects of certain plans and programmes on the environment — Regional town planning regulations relating to the European Quarter, Brussels (Belgium)
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 25 January 2018
ECLI:EU:C:2018:39 |
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Judgment of the Court (Second Chamber) of 7 June 2018
ECLI:EU:C:2018:403 |
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Case C-44/17 Scotch Whisky Association v Klotz
Reference for a preliminary ruling — Protection of geographical indications of spirit drinks — Regulation (EC) No 110/2008 — Article 16(a) to (c) — Annex III –– Registered geographical indication ‘Scotch Whisky’ — Whisky produced in Germany and marketed under the designation ‘Glen Buchenbach’
Request for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 22 February 2018
ECLI:EU:C:2018:111 |
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Judgment of the Court (Fifth Chamber) of 7 June 2018
ECLI:EU:C:2018:415 |
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Case C-83/17 KP v LO
Reference for a preliminary ruling — Judicial cooperation in civil matters — 2007 Hague Protocol — Law applicable to maintenance obligations — Article 4(2) — Change in the habitual residence of the creditor — Possibility of the retroactive application of the law of the State of the creditor’s new habitual residence, that law coinciding with the law of the forum — Scope of the terms ‘if the creditor is unable … to obtain maintenance from the debtor’ — Situation where the creditor does not satisfy a formal legislative condition
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 30 January 2018
ECLI:EU:C:2018:46 |
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Judgment of the Court (Sixth Chamber) of 7 June 2018
ECLI:EU:C:2018:408 |
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Case C-160/17 Thybaut and Others v Région wallonne
Reference for a preliminary ruling — Environment — Directive 2001/42/EC — Article 2(a) — Concept of ‘plans and programmes’ — Article 3 — Assessment of the effects of certain plans and programmes on the environment — Urban land consolidation area — Possibility of derogating from town planning requirements — Modification of the ‘plans and programmes’
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 25 January 2018
ECLI:EU:C:2018:40 |
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Judgment of the Court (Second Chamber) of 7 June 2018
ECLI:EU:C:2018:401 |
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Case C-463/17 P Ori Martin v Court of Justice of the European Union
Appeal — Action for damages — Inadequate reasoning in a judgment of the Court of Justice in appeal proceedings — Distortion of the nature of a claim for damages
Language of the case: Italian
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Judgment of the Court (Third Chamber) of 7 June 2018
ECLI:EU:C:2018:411 |
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Case C-163/16 Louboutin and Christian Louboutin v van Haren Schoenen
Reference for a preliminary ruling — Trade marks — Absolute grounds for refusal or invalidity — Sign consisting exclusively of the shape of the product — Concept of ‘shape’ — Colour — Position on a part of the product — Directive 2008/95/EC — Article 2 — Article 3(1)(e)(iii)
Request for a preliminary ruling from Rechtbank Den Haag
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 22 June 2017
ECLI:EU:C:2017:495 |
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Opinion of Advocate General Szpunar delivered on 6 February 2018
ECLI:EU:C:2018:64 |
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Judgment of the Court (Grand Chamber) of 12 June 2018
ECLI:EU:C:2018:423 |
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Case C-650/16 Bevola and Jens W. Trock v Skatteministeriet
Reference for a preliminary ruling — Article 49 TFEU — Corporation tax — Freedom of establishment — Resident company — Taxable profits — Tax relief — Deduction of losses incurred by resident permanent establishments — Authorised — Deduction of losses incurred by non-resident permanent establishments — Excluded — Exception — Optional scheme of international joint taxation
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 17 January 2018
ECLI:EU:C:2018:15 |
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Judgment of the Court (Grand Chamber) of 12 June 2018
ECLI:EU:C:2018:424 |
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Cases C-65/18 P(R) and C-65/18 P(R)-R Nexans France and Nexans v Commission
Appeal — Application for interim measures — Competition — European market for power cables — Decision of the European Commission finding an infringement of Article 101 TFEU — Publication — Partial rejection of the request for confidential treatment of certain information appearing in the decision — Suspension of operation of a measure — Connection between the condition of a prima facie case and that of urgency
Language of the case: English
| Summary |
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Rectification order of 27 June 2018
ECLI:EU:C:2018:520 |
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Order of the Vice-President of the Court of 12 June 2018
ECLI:EU:C:2018:426 |
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Case C-530/16 Commission v Poland
Failure of a Member State to fulfil obligations — Railway safety — Directive 2004/49/EC — Failure to adopt to provisions necessary to ensure the independence of the investigating body
Language of the case: Polish
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Opinion of Advocate General Bobek delivered on 23 January 2018
ECLI:EU:C:2018:29 |
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Judgment of the Court (Fourth Chamber) of 13 June 2018
ECLI:EU:C:2018:430 |
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Case C-665/16 Minister Finansów v Gmina Wrocław
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(a) — Supply of goods for consideration — Article 14(1) — Transfer of the right to dispose of tangible property as owner — Article 14(2)(a) — Transfer of the ownership of property belonging to a municipality to the Public Treasury in return for the payment of compensation for the purposes of the construction of a national road — Concept of ‘compensation’ — Transaction subject to VAT
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Opinion of Advocate General Bobek delivered on 22 February 2018
ECLI:EU:C:2018:112 |
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Judgment of the Court (Seventh Chamber) of 13 June 2018
ECLI:EU:C:2018:431 |
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Case C-683/16 Deutscher Naturschutzring v Bundesrepublik Deutschland
Reference for a preliminary ruling — Common Fisheries Policy — Regulation (EU) No 1380/2013 — Article 11 — Conservation of marine biological resources — Protection of the environment — Conservation of natural habitats and of wild fauna and flora — Exclusive competence of the European Union
Request for a preliminary ruling from the Verwaltungsgericht Köln
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 25 January 2018
ECLI:EU:C:2018:38 |
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Judgment of the Court (Third Chamber) of 13 June 2018
ECLI:EU:C:2018:433 |
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Case C-421/17 Szef Krajowej Administracji Skarbowej v Polfarmex
Reference for a preliminary ruling — Taxation — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(a) — Scope — Taxable transactions — Supply of goods for consideration — Transfer by a public limited company of a building to a shareholder as the counterpart to the buy-back of its shares
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Judgment of the Court (Seventh Chamber) of 13 June 2018
ECLI:EU:C:2018:432 |
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Case C-39/17 Lubrizol France v RSI
Reference for a preliminary ruling — Free movement of goods — Articles 28 and 30 TFEU — Charges having equivalent effect — Article 110 TFEU — Internal taxation — Social solidarity contribution payable by companies — Charge — Basis of assessment — Companies’ overall annual turnover — Directive 2006/112/EC — Article 17 — Transfer of goods to another Member State — Value of the goods transferred — Inclusion in the overall annual turnover
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 31 January 2018
ECLI:EU:C:2018:49 |
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Judgment of the Court (Fourth Chamber) of 14 June 2018
ECLI:EU:C:2018:438 |
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Case C-169/17 Asociación Nacional de Productores de Ganado Porcino v Administración del Estado
Reference for a preliminary ruling — Articles 34 and 35 TFEU — Free movement of goods — Quantitative restrictions — Measures having equivalent effect — Protection of pigs — Products processed or marketed in Spain — Quality standards for meat, ham, shoulder ham and loin derived from Iberian pigs — Conditions for using the ‘de cebo’ designation — Improvement of the quality of products — Directive 2008/120/EC — Scope
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Judgment of the Court (First Chamber) of 14 June 2018
ECLI:EU:C:2018:440 |
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Case C-15/16 Bundesanstalt für Finanzdienstleistungsaufsicht v Baumeister
Reference for a preliminary ruling — Approximation of laws — Directive 2004/39/EC — Article 54(1) — Scope of the obligation of professional secrecy on national financial supervision authorities — Concept of ‘confidential information’
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 12 December 2017
ECLI:EU:C:2017:958 |
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Judgment of the Court (Grand Chamber) of 19 June 2018
ECLI:EU:C:2018:464 |
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Case C-181/16 Gnandi v État belge
Reference for a preliminary ruling — Area of freedom, security and justice — Return of illegally staying third-country nationals — Directive 2008/115/EC — Article 3(2) — Concept of ‘illegal stay’ — Article 6 — Adoption of a return decision before resolution of an appeal against the decision of the determining authority rejecting the application for international protection — Charter of Fundamental Rights of the European Union — Article 18, Article 19(2) and Article 47 — Principle of non-refoulement — Right to an effective remedy — Authorisation to remain in a Member State
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Opinion of Advocate General Mengozzi delivered on 15 June 2017
ECLI:EU:C:2017:467 |
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Opinion of Advocate General Mengozzi delivered on 22 February 2018
ECLI:EU:C:2018:90 |
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Judgment of the Court (Grand Chamber) of 19 June 2018
ECLI:EU:C:2018:465 |
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Case C-108/17 Enteco Baltic v Muitinės departamentas prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 143(1)(d) and Article 143(2) — Exemptions from VAT on importation — Importation followed by an intra-Community supply — Conditions — Evidence of dispatch or transport of the goods to another Member State — Transport under an excise duty suspension arrangement — Transfer to the purchaser of the right to dispose of goods as owner — Tax evasion — No obligation of the competent authority to help the taxable person collect the necessary information to show that the conditions for exemption are satisfied
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Mengozzi delivered on 22 March 2018
ECLI:EU:C:2018:215 |
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Judgment of the Court (Fourth Chamber) of 20 June 2018
ECLI:EU:C:2018:473 |
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Case C-557/15 Commission v Malta
Failure of a Member State to fulfil obligations — Directive 2009/147/EC — Conservation of wild birds — Live-capturing and keeping — Species belonging to the finch family — Prohibition — National derogation regime — Member States’ power of derogation — Conditions
Language of the case: English
| Summary |
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Opinion of Advocate General Sharpston delivered on 26 July 2017
ECLI:EU:C:2017:613 |
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Judgment of the Court (Third Chamber) of 21 June 2018
ECLI:EU:C:2018:477 |
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Case C-5/16 Poland v Parliament and Council
Action for annulment — Decision (EU) 2015/1814 — Determination of legal basis — No taking into account of the effects of a measure — Article 192(1) TFEU — Article 192(2)(c) TFEU — Measures significantly affecting a Member State’s choice between different energy sources and the general structure of its energy supply — Principle of sincere cooperation — Article 15 TEU — Powers of the European Council — Principles of legal certainty and protection of legitimate expectations — Principle of proportionality — Impact assessment
Language of the case: Polish
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Opinion of Advocate General Mengozzi delivered on 30 November 2017
ECLI:EU:C:2017:925 |
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Judgment of the Court (Second Chamber) of 21 June 2018
ECLI:EU:C:2018:483 |
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Case C-480/16 Fidelity Funds and Others v Skatteministeriet
Reference for a preliminary ruling — Free movement of capital and liberalisation of payments — Restrictions — Taxation of dividends paid to undertakings for collective investment in transferable securities (UCITS) — Dividends paid by companies resident in one Member State to non-resident UCITS — Tax exemption for dividends paid by companies resident in one Member State to resident UCITS — Justifications — Balanced allocation between Member States of the power to impose taxes — Coherence of the tax system — Proportionality
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 20 December 2017
ECLI:EU:C:2017:1015 |
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Judgment of the Court (Fifth Chamber) of 21 June 2018
ECLI:EU:C:2018:480 |
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Case C-681/16 Pfizer Ireland Pharmaceuticals, Operations Support Group v Orifarm
Reference for a preliminary ruling — Intellectual and industrial property — Patent law — Acts of Accession to the European Union of 2003, 2005 and 2012 — Specific Mechanism — Whether applicable to parallel imports — Regulation (EC) No 469/2009 — Product protected by a supplementary protection certificate in a Member State and marketed by the holder of the basic patent in another Member State — Exhaustion of intellectual and industrial property rights — No basic patent in the new Member States — Regulation (EC) No 1901/2006 — Extension of the protection period
Request for a preliminary ruling from the Landgericht Düsseldorf
Language of the case: German
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Opinion of Advocate General Tanchev delivered on 7 February 2018
ECLI:EU:C:2018:69 |
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Judgment of the Court (Second Chamber) of 21 June 2018
ECLI:EU:C:2018:484 |
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Case C-1/17 Petronas Lubricants Italy v Guida
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Jurisdiction over individual contracts of employment — Article 20(2) — Employer sued before the courts of the Member State in which it is domiciled — Counter-claim by the employer — Determination of the court with jurisdiction)
Request for a preliminary ruling from the Corte d'appello di Torino
Language of the case: Italian
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Judgment of the Court (Third Chamber) of 21 June 2018
ECLI:EU:C:2018:478 |
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Case C-20/17 Proceedings brought by Oberle
Request for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 650/2012 — Article 4 — General jurisdiction of a court of a Member State to rule on the succession as a whole — National legislation governing international jurisdiction to issue national certificates of succession — European Certificate of Succession
Request for a preliminary ruling from the Kammergericht Berlin
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 22 February 2018
ECLI:EU:C:2018:89 |
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Judgment of the Court (Second Chamber) of 21 June 2018
ECLI:EU:C:2018:485 |
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Case C-451/16 MB v Secretary of State for Work and Pensions (Change of gender and retirement pension)
Reference for a preliminary ruling — Directive 79/7/EEC — Equal treatment for men and women in matters of social security — National State pension scheme — Conditions for recognition of change of gender — National legislation under which such recognition is subject to the annulment of any marriage entered into before that change of gender — Refusal to grant a person who has changed gender a State retirement pension as from the pensionable age for persons of the gender acquired — Direct discrimination on grounds of sex
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
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Opinion of Advocate General Bobek delivered on 5 December 2017
ECLI:EU:C:2017:937 |
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Judgment of the Court (Grand Chamber) of 26 June 2018
ECLI:EU:C:2018:492 |
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Case C-90/17 Turbogás v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Directive 2003/96/EC — Taxation of energy products and electricity — Third subparagraph of Article 21(5) — Entity producing electricity for its own use — Small producers of electricity — Article 14(1)(a) — Energy products used for the production of electricity — Obligation to exempt
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
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Opinion of Advocate General Szpunar delivered on 7 March 2018
ECLI:EU:C:2018:169 |
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Judgment of the Court (First Chamber) of 27 June 2018
ECLI:EU:C:2018:498 |
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Case C-230/17 Altiner and Ravn v Udlændingestyrelsen
Reference for a preliminary ruling — Citizenship of the Union — Article 21(1) TFEU — Directive 2004/38/EC — Right to move and reside freely within the territory of the Member States — Right of residence of a third-country national who is a family member of a Union citizen in the Member State of which that citizen is a national — Entry by that family member into the territory of the Member State in question subsequent to the return of the Union citizen to that Member State
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
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Judgment of the Court (Third Chamber) of 27 June 2018
ECLI:EU:C:2018:497 |
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Case C-246/17 Diallo v État belge
Reference for a preliminary ruling — Citizens of the European Union — Directive 2004/38/EC — Article 10(1) — Application for a residence card as a family member — Issuance — Time limit — Adoption and notification of the decision — Consequences of non-compliance with the period — Procedural autonomy of Member States — Principle of effectiveness
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
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Opinion of Advocate General Bot delivered on 7 March 2018
ECLI:EU:C:2018:171 |
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Judgment of the Court (First Chamber) of 27 June 2018
ECLI:EU:C:2018:499 |
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Case C-364/17 Varna Holideis v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Supply of immovable property effected prior to the accession of the Republic of Bulgaria to the European Union — Nullity of the contract of sale coming to light after the accession — Obligation to adjust the initial deduction — Interpretation — Jurisdiction of the Court
Request for a preliminary ruling from the Administrativen sad – Varna
Language of the case: Bulgarian
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Judgment of the Court (Sixth Chamber) of 27 June 2018
ECLI:EU:C:2018:500 |
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Joined Cases C-459/17 and C-460/17 SGI and Valériane v Ministre de l'Action et des Comptes publics
References for a preliminary ruling — Common system of value added tax (VAT) — Right to deduct input tax — Material conditions governing the right to deduct — Actual delivery of the goods
References for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
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Judgment of the Court (Sixth Chamber) of 27 June 2018
ECLI:EU:C:2018:501 |
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Case C-203/16 P Andres (nsolvency of Heitkamp BauHolding) v Commission
Appeal — State aid — German tax legislation concerning the possibility of carrying certain losses forward to future tax years (‘restructuring clause’) — Decision declaring the aid scheme incompatible with the internal market — Actions for annulment — Admissibility — Article 263, fourth paragraph, TFEU — Person individually concerned — Article 107(1) TFEU — Concept of ‘State aid’ — Condition relating to selectivity — Determination of the reference framework — Legal classification of the facts
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 20 December 2017
ECLI:EU:C:2017:1017 |
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Judgment of the Court (Second Chamber) of 28 June 2018
ECLI:EU:C:2018:505 |
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Case C-564/16 P EUIPO v Puma
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 8(5) — Article 76 — Opposition proceedings — Relative grounds for refusal — Regulation (EC) No 2868/95 — Rule 19 — Rule 50(1) — Earlier decisions of the European Union Intellectual Property Office (EUIPO) recognising the reputation of the earlier trade mark — Principle of sound administration — Taking account of those decisions in subsequent opposition proceedings — Obligation to state reasons — Procedural obligations of the Boards of Appeal of EUIPO
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 25 January 2018
ECLI:EU:C:2018:41 |
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Judgment of the Court (Second Chamber) of 28 June 2018
ECLI:EU:C:2018:509 |
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Case C-635/16 P Spliethoff's Bevrachtingskantoor v Commission
Appeal — Actions for annulment — Admissibility — Determination of the subject-matter of the proceedings — Financial assistance in the field of Connecting Europe Facility (CEF) — Transport sector for the period 2014-2020 — Call for proposals — Innovation and Networks Executive Agency (INEA) — Email informing the appellant of the rejection of its proposal — Subsequent decision of the European Commission establishing the list of selected proposals — Effective judicial protection
Language of the case: English
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Opinion of Advocate General Kokott delivered on 23 January 2018
ECLI:EU:C:2018:28 |
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Judgment of the Court (Tenth Chamber) of 28 June 2018
ECLI:EU:C:2018:510 |
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Case C-2/17 Instituto Nacional de la Seguridad Social v Crespo Rey
Reference for a preliminary ruling — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Social security for migrant workers — Regulation (EC) No 883/2004 — Paragraph 2 of the section ‘Spain’ in Annex XI — Retirement pension — Method of calculation — Theoretical amount — Relevant contribution basis — Special agreement — Choice of contribution basis — National legislation requiring the worker to make contributions in accordance with the minimum contribution basis
Request for a preliminary ruling from Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
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Judgment of the Court (Tenth Chamber) of 28 June 2018
ECLI:EU:C:2018:511 |
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Case C-57/17 Checa Honrado v Fondo de Garantía Salarial
Reference for a preliminary ruling — Social policy — Protection of employees in the event of the insolvency of their employer — Directive 2008/94/EC — Article 3, first paragraph — Payment guaranteed by the guarantee institution — Severance pay on termination of employment relationships — Transfer of workplace obliging the worker to change residence — Change to a fundamental element of the contract of employment — Termination of the contract of employment by the worker — Principle of equality and non-discrimination
Request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Valenciana
Language of the case: Spanish
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Judgment of the Court (Seventh Chamber) of 28 June 2018
ECLI:EU:C:2018:512 |
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Case C-512/17 Proceedings brought by HR
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of judgments in matrimonial matters and in the matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 8(1) — Place of habitual residence of the child — Infant — Decisive circumstances for establishing that place of habitual residence
Request for a preliminary ruling from the Sąd Rejonowy Poznań - Stare Miasto w Poznaniu
Language of the case: Polish
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Judgment of the Court (Fifth Chamber) of 28 June 2018
ECLI:EU:C:2018:513 |
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Information (on unpublished decisions)
Case C-674/16 P Guccio Gucci v EUIPO
Removal from the Register
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Order of the President of the Court of 7 June 2018 ECLI:EU:C:2018:469 |
Case C-675/16 P Guccio Gucci v EUIPO
Removal from the Register
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Order of the President of the Court of 7 June 2018 ECLI:EU:C:2018:470 |
Case C-6/17 P ANKO v Commission
Appeal — Arbitration clauses — Perform and Oasis contracts concluded in the context of the Seventh framework programme for research, technological development and demonstration activities (2007-2013) — Eligible costs — Reimbursement of sums paid — Counter-claim
Case C-7/17 P ANKO v Commission
Appeal — Arbitration clauses — Persona and Terregov contracts concluded in the context of the Sixth framework programme for research, technological development and demonstration activities (2002-2006) — Eligible costs — Reimbursement of sums paid — Counter-claim
Case C-363/17 P Equipolymers and Others v Council
Appeal — Dumping — Imports of certain polyethylene terephthalate originating in India, Thailand and Taiwan — Implementing Decision 2013/226/EU — Decision to terminate the expiry review proceeding without imposing a definitive anti-dumping duty — Non-contractual liability — Causal link — Obligation to state reasons
Case C-671/17 P Gaki v Europol
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for annulment — Application made to the Joint Supervisory Body of Europol regarding the issuing of a European arrest warrant and the entry of data into the Schengen Information System — Lack of jurisdiction of the Joint Supervisory Body
Case C-73/18 P Cotécnica v EUIPO
Appeal — Article 181 of the Rules of Procedure of the General Court — Regulation (EC) No 207/2009 — EU trade mark — Application for registration of the figurative mark containing the word elements ‘cotecnica’ and ‘optima’ — Grounds for refusing enforcement — Article 8(1)(b) — Dominant character of an element of a complex mark which is weakly distinctive and laudatory — Likelihood of confusion
Case C-241/18 easyJet Airline v Regione Campania
Reference for a preliminary ruling — Articles 53(2) and 94 of the Rules of Procedure of the Court of Justice — Insufficient information regarding the factual and legal context of the dispute in the main proceedings and lack of grounds justifying why an answer to the questions referred is necessary — Manifest inadmissibility
Case C-223/17 P Lubrizol France v Council
Appeal — Common Customs Tariff — Autonomous customs duties on certain agricultural and industrial products — Applications for tariff suspensions — Regulation (EU) No 1344/2011 — Tariff suspensions granted — Objection — Regulation (EU) No 1387/2013 — Termination of the suspensions at issue — Comparable products available in sufficient quantities on the Union market
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Judgment of the Court (Tenth Chamber) of 14 June 2018 ECLI:EU:C:2018:442 |
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Case C-440/17 GS v Bundeszentralamt für Steuern
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Direct taxation — Freedom of establishment — Directive 2011/96/EU — Article 1(2) — Parent company — Holding company — Withholding tax on profits distributed to a non-resident parent holding company — Exemption — Tax evasion, avoidance or abuse — Presumption
Case C-458/17 P Makhlouf v Council
Appeal — Common foreign and security policy — Restrictive measures taken against the Syrian Arab Republic — Measures directed against influential businessmen and women engaged in activities in Syria and against influential members of the Assad and Makhlouf families — Rights of defence — Proof that inclusion on the lists is well founded
Case C-35/18 P Carrera Brands v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Revocation proceedings — Word mark Carrera — Declaration of revocation in part
Case C-714/17 P Karp v Parliament
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Civil service — Act having an adverse effect — Accredited parliamentary assistant — Member of the contract staff — Recruitment — Classification in grade
Case C-543/16 Commission v Germany
Failure of a Member State to fulfil obligations — Directive 91/676/EEC — Article 5(5) and (7) — Annex II, A, points 1 to 3 and 5 — Annex III(1), points 1 to 3, and (2) — Protection of waters against pollution caused by nitrates from agricultural sources — Inadequacy of measures in force — Supplemental or enhanced measures — Review of the action programme — Limitation of land application — Balanced fertilisation — Periods of land application — Capacity of tanks for storing manure — Land application on steeply-sloping surfaces and on frozen or snow-covered land
Case C-166/18 Idroenergia v Agenzia delle dogane e dei Monopoli
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court — Lack of sufficient information concerning the factual and regulatory context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred — Manifest inadmissibility
Case C-325/17 P Windrush Aka v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Revocation proceedings — Word mark The Specials — Genuine use — Consent of the proprietor of the trade mark
Case C-130/18 flightright v Eurowings
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Air transport — Regulation (EC) No 261/2004 — Article 5(1)(c) — Right to compensation in the event of flight cancellation — Re-routing not allowing a passenger to reach his final destination less than two hours after the scheduled time of arrival of the cancelled flight — Delay of between two and three hours
Case C-208/16 P Germany v Commission
Appeal — State aid — German tax legislation concerning the possibility of carrying certain losses forward to future tax years (‘restructuring clause’) — Decision declaring the aid scheme incompatible with the internal market — Actions for annulment — Admissibility — Article 263, fourth paragraph, TFEU — Person individually concerned — Article 107(1) TFEU — Concept of ‘State aid’ — Condition relating to selectivity — Determination of the reference framework — Legal classification of the facts
Case C-209/16 P Germany v Commission
Appeal — State aid — German tax legislation concerning the possibility of carrying certain losses forward to future tax years (‘restructuring clause’) — Decision declaring the aid scheme incompatible with the internal market — Action for annulment — Admissibility — Article 263, fourth paragraph, TFEU — Person individually concerned — Article 107(1) TFEU — Concept of ‘State aid’ — Condition relating to selectivity — Determination of the reference framework — Legal classification of the facts
Case C-219/16 P Lowell Financial Services v Commission
Appeal — State aid — German tax legislation concerning the possibility of carrying certain losses forward to future tax years (‘restructuring clause’) — Decision declaring the aid scheme incompatible with the internal market — Action for annulment — Admissibility — Article 263, fourth paragraph, TFEU — Person individually concerned — Article 107(1) TFEU — Concept of ‘State aid’ — Condition relating to selectivity — Determination of the reference framework — Legal classification of the facts
Case C-118/18 P Hochmann Marketing v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Revocation proceedings — Word mark bittorrent — Declaration of revocation
July 2018
Case C-626/16 Commission v Slovakia
Failure of a Member State to fulfil obligations — Environment — Landfill of waste — Directive 1999/31/EC — Existing landfill sites — Article 14 — Definite decision on whether or not operations may continue — Article 13 — Closure procedures — Judgment of the Court declaring a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Pecuniary penalties — Penalty payment and lump sum
Language of the case: Slovak
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Opinion of Advocate General Kokott delivered on 11 January 2018
ECLI:EU:C:2018:4 |
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Judgment of the Court (Fourth Chamber) of 4 July 2018
ECLI:EU:C:2018:525 |
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Case C-28/17 NN v Skatteministeriet
Reference for a preliminary ruling — Article 49 TFEU — Corporation tax — National tax legislation making the transfer of the losses sustained by a permanent establishment, situated on national territory, of a company established in another Member State, to a resident company belonging to the same group, subject to a condition as to the impossibility of using such losses for the purpose of a foreign tax
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 21 February 2018
ECLI:EU:C:2018:86 |
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Judgment of the Court (First Chamber) of 4 July 2018
ECLI:EU:C:2018:526 |
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Case C-532/17 Wirth and Others v Thomson Airways
Reference for a preliminary ruling — Transport — Regulation (EC) No 261/2004 — Article 2(b) — Scope — Concept of ‘operating air carrier’ — Lease of aircraft including crew (‘wet lease’)
Request for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
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Judgment of the Court (Third Chamber) of 4 July 2018
ECLI:EU:C:2018:527 |
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Case C-390/16 Criminal proceedings against Lada
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2008/675/JHA — Taking account in new criminal proceedings of a previous conviction in another Member State — Special procedure for recognition of a conviction in another Member State — Review and legal reclassification of the earlier decision — Principle of mutual recognition — Article 82(1) TFEU
Request for a preliminary ruling from the Szombathelyi Törvényszék
Language of the case: Hungarian
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Opinion of Advocate General Bot delivered on 6 February 2018
ECLI:EU:C:2018:65 |
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Judgment of the Court (Second Chamber) of 5 July 2018
ECLI:EU:C:2018:532 |
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Case C-544/16 Marcandi v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(c) — Issuing of ‘credits’ that can be used to place bids in online auctions — Supply of services for consideration — Preliminary transaction — Article 73 — Taxable amount
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
| Summary |
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Opinion of Advocate General Tanchev delivered on 7 March 2018
ECLI:EU:C:2018:164 |
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Judgment of the Court (Fifth Chamber) of 5 July 2018
ECLI:EU:C:2018:540 |
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Case C-27/17 flyLAL-Lithuanian Airlines v Starptautiskā lidosta ‘Rīga’ and Air Baltic Corporation
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Special jurisdiction — Article 5(3) — Tort, delict or quasi-delict — Place where the harmful event occurred — Place where the damage occurred and place of the event giving rise to the damage — Claim for compensation for damage allegedly caused by anticompetitive conduct committed in various Member States — Article 5(5) — Operations of a branch — Meaning
Request for a preliminary ruling from the Lietuvos apeliacinis teismas
Language of the case: Lithuanian
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Opinion of Advocate General Bobek delivered on 28 February 2018
ECLI:EU:C:2018:136 |
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Judgment of the Court (Second Chamber) of 5 July 2018
ECLI:EU:C:2018:533 |
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Case C-43/17 P Jenkinson v Council and Others
Appeal — Arbitration clause — Staff of international missions of the European Union — Jurisdiction to rule on disputes concerning employment contracts — Consecutive fixed-term contracts — Arbitration clauses conferring jurisdiction, in the final contract, on the Courts of the European Union, and, in the previous contracts, on the Brussels (Belgium) courts — Decision not to renew the final contract — Claim that all the contractual relationships should be recategorised as a ‘contract of indefinite duration’ — Claims for compensation for unfair dismissal — Contractual relationships prior to the final contract to be taken into account — Jurisdiction of the General Court of the European Union
Language of the case: French
| Summary |
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Opinion of Advocate General Szpunar delivered on 11 April 2018
ECLI:EU:C:2018:231 |
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Judgment of the Court (First Chamber) of 5 July 2018
ECLI:EU:C:2018:531 |
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Case C-213/17 X v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Determining the Member State responsible for examining an application for international protection made in one of the Member States by a third-country national — Articles 17, 18, 23 and 24 — Prior international protection procedure ongoing in one Member State — New application in another Member State — Take back request not made within the prescribed periods — Surrender of the person concerned for criminal prosecution
Request for a preliminary ruling from the Rechtbank Den Haag, sitting in Amsterdam
Language of the case: Dutch
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Opinion of Advocate General Bot delivered on 13 June 2018
ECLI:EU:C:2018:434 |
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Judgment of the Court (Third Chamber) of 5 July 2018
ECLI:EU:C:2018:538 |
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Case C-217/17 P Mast-Jägermeister v EUIPO
Appeal — Community design — Application for registration of designs representing beakers — Regulation (EC) No 6/2002 — Article 36(1)(c) — Graphic representation — Articles 45 and 46 — Attribution of a date of filing — Conditions — Regulation (EC) No 2245/2002 — Article 4(1)(e) and Article 10(1) and (2)
Language of the case: German
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Opinion of Advocate General Kokott delivered on 22 February 2018
ECLI:EU:C:2018:97 |
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Judgment of the Court (Ninth Chamber) of 5 July 2018
ECLI:EU:C:2018:534 |
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Case C-320/17 Marle Participations v Ministre de l'Économie et des Finances
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Articles 2, 9 and 168 — Economic activity — Direct or indirect involvement of a holding company in the management of its subsidiaries — Letting of a building by a holding company to its subsidiary — Deduction of input tax — VAT paid by a holding company on expenditure incurred in acquiring shares in other companies
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Judgment of the Court (Seventh Chamber) of 5 July 2018
ECLI:EU:C:2018:537 |
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Case C-339/17 Verein für lauteren Wettbewerb v Princesport
Reference for a preliminary ruling — Textile fibre names and related labelling and marking requirements — Regulation (EU) No 1007/2011 — Articles 7 and 9 — Pure textile products — Multi-fibre textile products — Labelling or marking methods
Request for a preliminary ruling from the Landgericht Köln
Language of the case: German
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Judgment of the Court (Fifth Chamber) of 5 July 2018
ECLI:EU:C:2018:539 |
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Case C-269/18 PPU Staatssecretaris van Veiligheid en Justitie v C and J and S v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Article 99 of the Rules of Procedure of the Court of Justice — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Article 46(6) and (8) — Manifestly unfounded application for international protection — Right to an effective remedy — Authorisation to remain in the territory of a Member State — Directive 2008/115/EC — Articles 2, 3 and 15 — Illegal stay — Detention
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Order of the Court (First Chamber) of 5 July 2018
ECLI:EU:C:2018:544 |
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Case C-25/17 Proceedings brought by Tietosuojavaltuutettu
Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Directive 95/46/EC — Scope of the directive — Article 3 — Data collected and processed by the members of a religious community in the course of their door-to-door preaching — Article 2(c) — Definition of a ‘personal data filing system’ — Article 2(d) — Definition of a ‘controller’ of the processing of personal data — Article 10(1) of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 1 February 2018
ECLI:EU:C:2018:57 |
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Judgment of the Court (Grand Chamber) of 10 July 2018
ECLI:EU:C:2018:551 |
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Case C-356/15 Commission v Belgium
Failure of a Member State to fulfil obligations — Social security — Regulation (EC) No 883/2004 — Articles 11 and 12 and Article 76(6) — Regulation (EC) No 987/2009 — Article 5 — Posting of workers — Affiliation to a social security scheme — Combating fraud — A1 Certificate — Refusal of recognition by the Member State where the professional activity is carried out in the event of fraud or abuse
Language of the case: French
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Judgment of the Court (Fifth Chamber) of 11 July 2018
ECLI:EU:C:2018:555 |
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Case C-629/16 Proceedings brought by CX
Reference for a preliminary ruling — International road transport — Agreement establishing an Association between the European Economic Community and Turkey — Article 9 — Additional Protocol — Articles 41 and 42 — Freedom to provide services — Standstill clause — Decision No 1/95 of the EC-Turkey Association Council — Articles 5 and 7 — Free movement of goods — National legislation restricting the right of road haulage undertakings with their seat in Turkey to operate their vehicles in the territory of the Member State concerned — Obligation to obtain an authorisation issued within the limits of a quota determined on the basis of a bilateral agreement concluded between that Member State and Turkey or a permit granted for a single transport of substantial public interest
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 26 April 2018
ECLI:EU:C:2018:286 |
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Judgment of the Court (Second Chamber) of 11 July 2018
ECLI:EU:C:2018:556 |
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Case C-15/17 Bosphorus Queen Shipping v Rajavartiolaitos
Reference for a preliminary ruling — Montego Bay Convention — Article 220(6) — Enforcement by the coastal State — Jurisdiction of the Court to interpret provisions of international law — Directive 2005/35/EC — Ship-source pollution — Article 7(2) — Marpol Convention 73/78 — Oil spill in the exclusive economic zone from a foreign vessel in transit — Circumstances in which a coastal State may instigate proceedings against a foreign vessel — Freedom of navigation — Protection of the marine environment — Major damage or threat of major damage to the coastline, related interests or any resources in the territorial sea or exclusive economic zone — Clear objective evidence
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
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Opinion of Advocate General Wahl delivered on 28 February 2018
ECLI:EU:C:2018:123 |
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Judgment of the Court (Third Chamber) of 11 July 2018
ECLI:EU:C:2018:557 |
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Case C-60/17 Somoza Hermo and Ilunión Seguridad v Esabe Vigilancia and Fogasa
Reference for a preliminary ruling — Directive 2001/23/EC — Article 1(1) — Transfer of an undertaking — Article 3(1) — Safeguarding of employees’ rights — Taking over of employment contracts in accordance with the terms of a collective agreement — Collective agreement excluding the obligation, for the transferor and transferee of the undertaking, to assume joint and several liability in respect of the obligations, including those relating to wages, which arose from employment contracts before that undertaking was transferred
Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
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Judgment of the Court (Tenth Chamber) of 11 July 2018
ECLI:EU:C:2018:559 |
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Case C-88/17 Zurich Insurance and Metso Minerals v Abnormal Load Services (International)
Reference for a preliminary ruling — Cooperation in civil and commercial matters — Regulation (EC) No 44/2001 — Jurisdiction — Second indent of Article 5(1)(b) — Jurisdiction of the courts for the place of performance of the obligation — Place of provision of services — Contract for the carriage of goods between two Member States — Route consisting of several stages and involving a number of means of transport
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Tanchev delivered on 10 April 2018
ECLI:EU:C:2018:224 |
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Judgment of the Court (Third Chamber) of 11 July 2018
ECLI:EU:C:2018:558 |
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Case C-154/17 E LATS v Valsts ieņēmumu dienests
Reference for a preliminary ruling — Taxation — Value added tax — Directive 2006/112/EC — Article 311(1)(1) — Special arrangements for second-hand goods — Definition of ‘second-hand goods’ — Goods containing precious metals or precious stones resold by a trader — Processing of those goods after sale — Recovery of the precious metals or precious stones — Concept of ‘precious metals or precious stones’
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Bobek delivered on 10 April 2018
ECLI:EU:C:2018:226 |
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Judgment of the Court (Tenth Chamber) of 11 July 2018
ECLI:EU:C:2018:560 |
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Case C-192/17 COBRA v Ministero dello Sviluppo Economico
Reference for a preliminary ruling — Directive 1999/5/EC — Mutual recognition of the conformity of radio equipment and telecommunications terminal equipment — Existence of harmonised standards — Need for the manufacturer to consult a notified body — Affixing of the identification number of a notified body
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Ninth Chamber) of 11 July 2018
ECLI:EU:C:2018:554 |
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Case C-540/16 Spika and Others v Žuvininkystės tarnyba prie Lietuvos Respublikos žemės ūkio ministerijos
Reference for a preliminary ruling — Common fisheries policy — Regulation (EU) No 1380/2013 — Article 16(6) and Article 17 — Allocation of fishing opportunities — National legislation laying down a method based on objective and transparent criteria — Inequalities in the conditions of competition between operators in the sector — Charter of Fundamental Rights of the European Union — Articles 16 and 20 — Freedom to conduct a business — Equal treatment — Proportionality
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
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Judgment of the Court (Fifth Chamber) of 12 July 2018
ECLI:EU:C:2018:565 |
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Case C-14/17 VAR and ATM v Iveco Orecchia
Reference for a preliminary ruling — Public procurement — Directive 2004/17/EC — Article 34 — Supply of spare parts for buses and trolley-buses — Technical specifications — Equivalent products — Whether proof of equivalence may be provided after the contract has been awarded
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 28 February 2018
ECLI:EU:C:2018:135 |
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Judgment of the Court (Fourth Chamber) of 12 July 2018
ECLI:EU:C:2018:568 |
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Case C-89/17 Secretary of State for the Home Department v Banger
Reference for a preliminary ruling — Citizenship of the European Union — Article 21 TFEU — Right of Union citizens to move and reside freely within the territory of the European Union — Directive 2004/38/EC — Point (b) of the first subparagraph of Article 3(2) — Partner with whom the Union citizen has a duly-attested durable relationship — Return to the Member State of which the Union citizen is a national — Application for residence authorisation — Extensive examination of the applicant’s personal circumstances — Articles 15 and 31 — Effective judicial protection — Charter of Fundamental Rights of the European Union — Article 47
Request for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber) London
Language of the case: English
| Summary |
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Opinion of Advocate General Bobek delivered on 10 April 2018
ECLI:EU:C:2018:225 |
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Judgment of the Court (Fourth Chamber) of 12 July 2018
ECLI:EU:C:2018:570 |
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Joined Cases C-397/17 and C-398/17 Profit Europe v Belgische Staat
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Customs Union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Subheadings 7307 11 10, 7307 19 10 and 7307 19 90 — Cast tube or pipe fittings, of spheroidal graphite cast iron
Requests for a preliminary ruling from the Nederlandstalige Rechtbank van eerste aanleg te Brussel
Language of the case: Dutch
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Judgment of the Court (Tenth Chamber) of 12 July 2018
ECLI:EU:C:2018:564 |
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Case C-123/16 P Orange Polska v Commission
Appeal — Competition — Article 102 TFEU — Abuse of dominant position — Polish wholesale market for fixed broadband internet access — Refusal to give access to the network and to supply wholesale products — Regulation (EC) No 1/2003 — Article 7(1) — Article 23(2)(a) — Legitimate interest in finding an infringement which has come to an end — Calculation of the fine — 2006 Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003 — Gravity — Mitigating circumstances — Investments made by the infringing undertaking — Review of legality — Review exercising powers of unlimited jurisdiction — Substitution of grounds
Language of the case: English
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Opinion of Advocate General Wathelet delivered on 21 February 2018
ECLI:EU:C:2018:87 |
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Judgment of the Court (Second Chamber) of 25 July 2018
ECLI:EU:C:2018:590 |
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Case C-128/16 P Commission v Spain and Others
Appeal — State aid — Article 107(1) TFEU — Tax regime applicable to certain finance lease agreements for the purchase of ships (Spanish tax lease system) — Identification of the beneficiaries of the aid — Condition relating to selectivity — Distortion of competition and effect on trade between Member States — Duty to state reasons
Language of the case: Spanish
| Summary |
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Judgment of the Court (Second Chamber) of 25 July 2018
ECLI:EU:C:2018:591 |
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Case C-135/16 Georgsmarienhütte and Others v Bundesrepublik Deutschland
Reference for a preliminary ruling — State aid — Scheme for the support of renewable electricity sources and energy-intensive users — Decision (EU) 2015/1585 — Validity in the light of Article 107 TFEU — Admissibility — Failure by the applicants in the main proceedings to bring an action for annulment
Request for a preliminary ruling from the Verwaltungsgericht Frankfurt am Main
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 27 February 2018
ECLI:EU:C:2018:120 |
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Judgment of the Court (Grand Chamber) of 25 July 2018
ECLI:EU:C:2018:582 |
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Case C-528/16 Confédération paysanne and Others v Premier ministre and Ministre de l’agriculture, de l’agroalimentaire et de la forêt
Reference for a preliminary ruling — Deliberate release of genetically modified organisms into the environment — Mutagenesis — Directive 2001/18/EC — Articles 2 and 3 — Annexes I A and I B — Concept of ‘genetically modified organism’ — Techniques/methods of genetic modification conventionally used and deemed to be safe — New techniques/methods of mutagenesis — Risks for human health and the environment — Discretion of the Member States when transposing the directive — Directive 2002/53/EC — Common catalogue of varieties of agricultural plant species — Herbicide-tolerant plant varieties — Article 4 — Acceptability of genetically modified varieties obtained by mutagenesis for inclusion in the common catalogue — Human health and environmental protection requirement — Exemption
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Opinion of Advocate General Bobek delivered on 18 January 2018
ECLI:EU:C:2018:20 |
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Judgment of the Court (Grand Chamber) of 25 July 2018
ECLI:EU:C:2018:583 |
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Case C-553/16 TTL v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling — Freedom to provide services — Corporate taxation — Payments made by a company resident in a Member State to non-resident companies for the leasing of rail tankers — Obligation to charge withholding tax on income from a domestic source paid to a non-resident company — Non-compliance — Double taxation conventions — Charging the resident company default interest for non-payment of the withholding tax — Interest payable from the expiry of the statutory time limit for payment until the date on which evidence that the double taxation convention is applicable is furnished — Irrecoverable interest
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Seventh Chamber) of 25 July 2018
ECLI:EU:C:2018:604 |
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Case C-585/16 Alheto v Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite
Reference for a preliminary ruling — Common policy on asylum and subsidiary protection — Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection — Directive 2011/95/EU — Article 12 — Exclusion from refugee status — Persons registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) — Existence of a ‘first country of asylum’, for a refugee from Palestine, in the UNRWA area of operations — Common procedures for granting international protection — Directive 2013/32/EU — Article 46 — Right to an effective remedy — Full and ex nunc examination — Scope of the powers of the court of first instance — Examination by the courts of international protection needs — Examination of grounds of inadmissibility
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
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Judgment of the Court (Grand Chamber) of 25 July 2018
ECLI:EU:C:2018:584 |
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Case C-632/16 Dyson v BSH Home Appliances
Reference for a preliminary ruling — Retail of vacuum cleaners — Energy class label — Directive 2010/30/EU — Delegated Regulation (EU) No 665/2013 — Vacuum cleaners — Display of other symbols — Unfair commercial practices — Consumer protection — Directive 2005/29/EC — Article 7 — Failure to state the conditions under which energy efficiency is measured — Misleading omission
Request for a preliminary ruling from the Rechtbank van koophandel te Antwerpen
Language of the case: Dutch
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Opinion of Advocate General Saugmandsgaard Øe delivered on 22 February 2018
ECLI:EU:C:2018:95 |
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Judgment of the Court (Fourth Chamber) of 25 July 2018
ECLI:EU:C:2018:599 |
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Case C-679/16 Proceedings brought by A (Assistance for a disabled person)
Reference for a preliminary ruling –– Citizenship of the Union — Articles 20 and 21 TFEU –– Freedom to move and reside in the Member States –– Social security — Regulation (EC) No 883/2004 — Social assistance — Sickness benefits –– Services provided to people with disabilities — Obligation of a municipality in one Member State to provide one of its residents with personal assistance provided for under national legislation while that resident is in higher education in another Member State
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Mengozzi delivered on 31 January 2018
ECLI:EU:C:2018:51 |
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Judgment of the Court (Fifth Chamber) of 25 July 2018
ECLI:EU:C:2018:601 |
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Case C-5/17 Commissioners for Her Majesty's Revenue and Customs v DPAS
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Exemption — Article 135(1)(d) — Transactions concerning payments and transfers — Concept — Scope — Dental payment plan by direct debit
Request for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
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Opinion of Advocate General Saugmandsgaard Øe delivered on 21 March 2018
ECLI:EU:C:2018:205 |
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Judgment of the Court (Second Chamber) of 25 July 2018
ECLI:EU:C:2018:592 |
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Joined Cases C-84/17 P, C-85/17 P and C-95/17 P Société des produits Nestlé and Others v Mondelez UK Holdings & Services
Appeal — EU trade mark — Three-dimensional mark representing the shape of a four-fingered chocolate bar — Appeal directed against the grounds — Inadmissibility — Regulation (EC) No 207/2009 — Article 7(3) — Evidence of distinctive character acquired through use
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 19 April 2018
ECLI:EU:C:2018:266 |
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Judgment of the Court (Third Chamber) of 25 July 2018
ECLI:EU:C:2018:596 |
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Case C-96/17 Vernaza Ayovi v Consorci Sanitari de Terrassa
Reference for a preliminary ruling — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Consequences of a disciplinary dismissal found to be ‘unfair’ — Definition of ‘working conditions’ — Temporary worker with a contract of indefinite duration — Difference in treatment between permanent workers and temporary workers with a fixed-term contract or contract of indefinite duration — Reinstatement of the worker or granting of compensation
Request for a preliminary ruling from the Juzgado de lo Social n.º 2 de Terrassa
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Kokott delivered on 25 January 2018
ECLI:EU:C:2018:43 |
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Judgment of the Court (Sixth Chamber) of 25 July 2018
ECLI:EU:C:2018:603 |
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Case C-103/17 Messer France v Premier ministre and Others
Reference for a preliminary ruling — Harmonisation of fiscal legislation — Directive 92/12/EEC — Article 3(2) — Directive 2003/96/EC — Articles 3 and 18 — Taxation of energy products and electricity — Excise duties — Existence of another indirect tax — Conditions — National legislation providing for a contribution to the public electricity service — Definition of ‘specific purposes’ — Compliance with a minimum level of taxation
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 7 March 2018
ECLI:EU:C:2018:170 |
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Judgment of the Court (First Chamber) of 25 July 2018
ECLI:EU:C:2018:587 |
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Case C-107/17 Aviabaltika v Ūkio bankas
Reference for a preliminary ruling — Directive 2002/47/EC — Enforcement of financial collateral arrangements — Commencement of insolvency proceedings against the collateral taker — Occurrence of the enforcement event — Inclusion of the financial collateral in the assets remaining after the insolvency — Obligation to satisfy the claims primarily from the financial collateral
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Szpunar delivered on 12 April 2018
ECLI:EU:C:2018:239 |
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Judgment of the Court (Fourth Chamber) of 25 July 2018
ECLI:EU:C:2018:600 |
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Case C-121/17 Teva UK and Others v Gilead Sciences
Reference for a preliminary ruling — Medicinal products for human use — Treatment of human immunodeficiency virus (HIV) — Originator medicines and generic medicines — Supplementary protection certificate — Regulation (EC) No 469/2009 — Article 3(a) — Conditions for obtaining — Concept of a ‘product protected by a basic patent in force’ — Criteria for assessment
Request for a preliminary ruling from the High Court of Justice (England & Wales), Chancery Division (Patents Court)
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 25 April 2018
ECLI:EU:C:2018:278 |
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Judgment of the Court (Grand Chamber) of 25 July 2018
ECLI:EU:C:2018:585 |
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Case C-129/17 Mitsubishi Shoji Kaisha and Mitsubishi Caterpillar Forklift Europe v Duma Forklifts and G.S. International
Reference for a preliminary ruling — EU trade mark — Directive 2008/95/EC — Article 5 — Regulation (EC) No 207/2009 — Article 9 — Trade mark proprietor entitled to oppose the removal by a third party of all the signs identical to that mark and the affixing of new signs on goods identical to those for which that mark has been registered with a view to importing or placing them on the market in the European Economic Area (EEA)
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 26 April 2018
ECLI:EU:C:2018:292 |
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Judgment of the Court (Second Chamber) of 25 July 2018
ECLI:EU:C:2018:594 |
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Case C-140/17 Szef Krajowej Administracji Skarbowej v Gmina Ryjewo
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Articles 167, 168 and 184 — Deduction of input tax — Adjustment — Immovable property acquired as capital goods — Initial allocation to an activity which does not confer entitlement to deduct input tax and subsequently also to an activity subject to VAT — Public body — Taxable-person status at the time of the taxable transaction
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Opinion of Advocate General Kokott delivered on 19 April 2018
ECLI:EU:C:2018:273 |
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Judgment of the Court (Second Chamber) of 25 July 2018
ECLI:EU:C:2018:595 |
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Case C-164/17 Grace and Sweetman v Bord Pleanala
Reference for a preliminary ruling — Environment — Directive 92/43/EC — Conservation of natural habitats and of wild fauna and flora — Article 6(3) and (4) — Assessment of the implications of a plan or project for a protected site — Plan or project not directly connected with or necessary to the management of the site — Wind farm project — Directive 2009/147/EC — Conservation of wild birds — Article 4 — Special Protection Area (SPA) — Annex I — Hen harrier (Circus cyaneus) — Suitable habitat fluctuating over time — Temporary or permanent reduction of the amount of appropriate land — Measures included in the project to ensure that, during the lifetime of the project, the amount of land that is in fact suitable for hosting the natural habitat of the species will not be reduced and indeed may be enhanced
Request for a preliminary ruling from the Supreme Court
Language of the case: English
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Opinion of Advocate General Tanchev delivered on 19 April 2018
ECLI:EU:C:2018:274 |
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Judgment of the Court (Second Chamber) of 25 July 2018
ECLI:EU:C:2018:593 |
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Case C-239/17 Teglgaard and Fløjstrupgård v Fødevareministeriets Klagecenter
Reference for a preliminary ruling — Common agricultural policy — Support schemes for farmers — Regulation (EC) No 1782/2003 — Article 6(1) — Regulation (EC) No 73/2009 — Article 23(1) — Regulation (EC) No 796/2004 — Article 66(1) — Regulation (EC) No 1122/2009 — Article 70(8)(a) — Cross-compliance — Reduction in direct payments due to non-compliance with the statutory management requirements or good agricultural and environmental conditions — Determination of the year to be taken into account in order to determine the percentage reduction — Year in which the non-compliance occurred
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
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Opinion of Advocate General Sharpston delivered on 17 May 2018
ECLI:EU:C:2018:328 |
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Judgment of the Court (Third Chamber) of 25 July 2018
ECLI:EU:C:2018:597 |
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Case C-268/17 AY (Arrest warrant – Witness)
Reference for a preliminary ruling — Judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 1(2), Article 3(2) and Article 4(3) — Grounds for the refusal to execute — Closure of criminal proceedings — Principle ne bis in idem — Requested person who had the status of a witness in previous proceedings concerning the same acts — Issue of several European arrest warrants against the same person
Request for a preliminary ruling from the Županijski Sud u Zagrebu
Language of the case: Croatian
| Summary |
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Opinion of Advocate General Szpunar delivered on 16 May 2018
ECLI:EU:C:2018:317 |
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Judgment of the Court (Fifth Chamber) of 25 July 2018
ECLI:EU:C:2018:602 |
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Case C-338/17 Guigo v Fond 'Garantirani vzemania na rabotnitsite i sluzhitelite'
Reference for a preliminary ruling — Social policy — Protection of employees in the event of employer’s insolvency — Directive 2008/94/EC — Articles 3 and 4 — Employees’ claims borne by guarantee institutions — Limitation on the liability of guarantee institutions — Exclusion of wage claims arising over three months prior to the entry in the commercial register of the judicial decision initiating insolvency proceedings
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Seventh Chamber) of 25 July 2018
ECLI:EU:C:2018:605 |
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Case C-404/17 A v Migrationsverket
Reference for a preliminary ruling — Asylum policy — Directive 2013/32/EU — Article 31(8) and Article 32(2) — Manifestly unfounded application for international protection — Concept of safe country of origin — No national rules concerning that concept — Applicant’s representations considered to be reliable but insufficient having regard to the satisfactory protection offered by the applicant’s country of origin
Request for a preliminary ruling from the Förvaltningsrätten i Malmö – Migrationsdomstolen
Language of the case: Swedish
| Summary |
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Judgment of the Court (First Chamber) of 25 July 2018
ECLI:EU:C:2018:588 |
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Case C-445/17 Agenzia delle Dogane e dei Monopoli v Pilato
Reference for a preliminary ruling — Common Customs Tariff — Combined Nomenclature — Tariff classification — Headings 8703, 8704 and 8705 — Hearses
Request for a preliminary ruling from the Commissione Tributaria Regionale del Lazio
Language of the case: Italian
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Judgment of the Court (Tenth Chamber) of 25 July 2018
ECLI:EU:C:2018:609 |
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Case C-574/17 P Commission v Combaro
Appeal — Customs union — Regulation (EEC) No 2913/92 — Article 239 — Remission of import duties — Import of linen fabrics from Latvia between 1999 and 2002 — Special situation — Supervision and monitoring obligations — Corruption alleged of the customs authorities — Inauthentic movement certificate — Mutual trust
Language of the case: German
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Judgment of the Court (Third Chamber) of 25 July 2018
ECLI:EU:C:2018:598 |
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Case C-216/18 PPU LM (Deficiencies in the system of justice)
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 1(3) — Surrender procedures between Member States — Conditions for execution — Charter of Fundamental Rights of the European Union — Article 47 — Right of access to an independent and impartial tribunal
Request for a preliminary ruling from High Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Tanchev delivered on 28 June 2018
ECLI:EU:C:2018:517 |
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Judgment of the Court (Grand Chamber) of 25 July 2018
ECLI:EU:C:2018:586 |
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Case C-220/18 PPU ML (Conditions of detention in Hungary)
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant –Framework Decision 2002/584/JHA — Article 1(3) — Surrender procedures between Member States –– Conditions for execution –– Grounds for non-execution — Charter of Fundamental Rights of the European Union — Article 4 — Prohibition of inhuman or degrading treatment –– Detention conditions in the issuing Member State — Scope of the assessment undertaken by the executing judicial authorities –– Existence of a legal remedy in the issuing Member State — Assurance given by the authorities of that Member State
Request for a preliminary ruling from the Hanseatisches Oberlandesgericht in Bremen
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 4 July 2018
ECLI:EU:C:2018:547 |
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Judgment of the Court (First Chamber) of 25 July 2018
ECLI:EU:C:2018:589 |
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Information (on unpublished decisions)
Case C-182/18 R Comune di Milano v Council
Application for interim measures — Application for suspension of operation of a measure — Choice of the new seat of the European Medicines Agency (EMA) — Urgency
Case C-731/17 P Nap Innova Hoteles v SRB
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Dismissal of the action as manifestly inadmissible at first instance — Article 19 of the Statute of the Court of Justice — Representation before the EU judicature — Lawyer who is not a third party in relation to the appellant — Articles 47 and 48 of the Charter of Fundamental Rights of the European Union — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-162/18 P Wenger v EUIPO
Appeal — EU trade mark — Invalidity proceedings — Withdrawal of the application for a declaration of invalidity — Appeal which has become devoid of purpose — No need to adjudicate
Case C-187/18 P(I) Müller and Others v QH
Appeal — Intervention — Application to intervene made after the period of six weeks laid down in Article 143(1) of the Rules of Procedure of the General Court — Admissibility — Article 47 of the Charter of Fundamental Rights of the European Union — Article 129(4) of the Rules of Procedure of the Court of Justice — Article 45 of the Statute of the Court of Justice of the European Union — Force majeure — Excusable error
Case C-726/17 P Tetra Pharm (1997) v EUIPO
Appeal — EU trade mark — Opposition proceedings — Application for registration of the word mark SeboCalm — Rejection of the application for registration
Case C-707/17 Criminal proceedings against Pinzaru and Cirstinoiu
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Control of cash entering or leaving the European Union — Regulation (EC) No 1889/2005 — Failure to comply with the obligation to declare — Penalties laid down by national law — Confiscation by the State of the undeclared sum — Custodial sentence — Fine in the amount of twice the undeclared sum — Proportionality
Case C-40/18 P Acquafarm v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Non-contractual liability of the European Union — Operational programme financed by the European Union in the fisheries sector — Impossibility of completing the project in spite of the investments already made — Operational programme concerning EU legislation prohibiting the importation of crustaceans — Appeal clearly inadmissible and clearly unfounded
Case C-237/18 Stiernon and Others v Etat belge, SPF Santé publique and Communauté française de Belgique
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Freedom of movement for workers — Freedom to choose an occupation — Articles 20, 21 and 45 TFEU — Charter of Fundamental Rights of the European Union — Article 15 — Profession of psychomotor therapist not included in the national list of allied health professions
Case C-238/18 R ECB v Latvia
Application for interim measures — Application for interim measures — Prima facie case — Urgency — Balancing of competing interests — Protocol on the Statute of the European System of Central Banks and of the European Central Bank — Rules of Procedure of the European Central Bank — National security measures adopted in the context of a criminal investigation opened into a governor of a national central bank of a Member State whose currency is the euro — Prohibition on that governor from carrying out his activities and from leaving national territory
Case C-139/17 P QuaMa Quality Management v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Regulation (EC) No 2868/95 — Opposition proceedings — Application for the word mark medialbo — Earlier mark MediaLB — Relative ground for refusal — Likelihood of confusion — Notice of opposition filed by a person who is not the proprietor of the earlier mark — No formal application for registration of the transfer of the earlier mark within the opposition period — Inadmissibility
Case C-205/17 Commission v Spain
Failure of a Member State to fulfil obligations — Collection and treatment of urban waste water — Directive 91/271/EEC — Articles 3 and 4 — Judgment of the Court declaring a failure to fulfil obligations — Non-compliance — Article 260(2) TFEU — Pecuniary penalties — Penalty payment and lump sum
Case C-588/17 P Spain v Commission
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Judgment of the Court (Eighth Chamber) of 25 July 2018 ECLI:EU:C:2018:607 |
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August 2018
Joined Cases C-96/16 and C-94/17 Banco Santander v Demba and Godoy Bonet and Escobedo Cortés v Banco de Sabadell
Reference for a preliminary ruling — Directive 93/13/EEC — Unfair terms — Scope — Assignment of debts — Loan agreement concluded with a consumer — Criteria for assessing the unfairness of a contractual term setting the default interest rate — Consequences of that unfairness
Requests for a preliminary ruling from the Juzgado de Primera Instancia n° 38 de Barcelona and the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Wahl delivered on 22 March 2018
ECLI:EU:C:2018:216 |
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Judgment of the Court (Fifth Chamber) of 7 August 2018
ECLI:EU:C:2018:643 |
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Case C-472/16 Colino Sigüenza v Ayuntamiento de Valladolid and Others
Reference for a preliminary ruling — Directive 2001/23/EC — Scope — Article 1(1) — Transfers of undertakings — Safeguarding of employees’ rights –Service contract for the management of a municipal School of Music — Cessation of the activity of the first contractor before the end of the current school year and designation of a new contractor at the beginning of the following school year — Article 4(1) — Prohibition of dismissal by reason of transfer — Exception — Dismissal for economic, technical or organisational reasons entailing changes in the workforce — Charter of Fundamental Rights of the European Union — Article 47)
Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León
Language of the case: Spanish
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Opinion of Advocate General Tanchev delivered on 6 December 2017
ECLI:EU:C:2017:943 |
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Judgment of the Court (Fifth Chamber) of 7 August 2018
ECLI:EU:C:2018:646 |
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Case C-561/16 Saras Energía v Administración del Estado
Reference for a preliminary ruling — Directive 2012/27/EU — Article 7(1), (4) and (9) — Article 20(4) and (6) — Promotion of energy efficiency — Energy efficiency obligation scheme — Other policy measures — Energy Efficiency National Fund — Establishment of such a fund as the main measure implementing energy efficiency obligations — Contribution obligation — Designation of the obligated parties — Energy distributors and/or retail energy sales companies
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Kokott delivered on 12 April 2018
ECLI:EU:C:2018:236 |
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Judgment of the Court (Second Chamber) of 7 August 2018
ECLI:EU:C:2018:633 |
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Case C-16/17 TGE Gas Engineering v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Value added tax (VAT) — Deduction of input tax — Origin and scope of the right to deduct
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa)
Language of the case: Portuguese
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Opinion of Advocate General Kokott delivered on 3 May 2018
ECLI:EU:C:2018:302 |
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Judgment of the Court (Fifth Chamber) of 7 August 2018
ECLI:EU:C:2018:647 |
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Case C-52/17 VTB Bank (Austria) v Finanzmarktaufsichtsbehörde
Reference for a preliminary ruling — Approximation of laws — Directive 2013/36/EU — Articles 64, 65 and 67 — Regulation (EU) No 575/2013 — Article 395(1) and (5) — Supervision of credit institutions — Supervisory powers and powers to impose penalties — Large exposure limits — Legislation of a Member State under which interest is levied where those limits are exceeded — Regulation (EU) No 468/2014 — Article 48 — Attribution of areas of competence between the European Central Bank (ECB) and national authorities — Formally initiated supervisory procedure
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 13 March 2018
ECLI:EU:C:2018:178 |
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Judgment of the Court (Fifth Chamber) of 7 August 2018
ECLI:EU:C:2018:648 |
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Case C-59/17 Château du Grand Bois v FranceAgriMer
Reference for a preliminary ruling — Agriculture — Market in wine — Regulation (EC) No 555/2008 — Support for the restructuring and conversion of vineyards — Unannounced on-the-spot checks — Powers of control officials — Whether officials may enter agricultural land without having obtained the vine grower’s permission
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Opinion of Advocate General Bobek delivered on 22 February 2018
ECLI:EU:C:2018:96 |
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Judgment of the Court (Fourth Chamber) of 7 August 2018
ECLI:EU:C:2018:641 |
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Joined Cases C-61/17, C-62/17 and C-72/17 Bichat and Others v APSB
Reference for a preliminary ruling — Social policy — Collective redundancies — Directive 98/59/EC — First subparagraph of Article 2(4) — Definition of ‘undertaking controlling the employer’ — Procedures for consultation of workers — Burden of proof
Requests for a preliminary ruling from the Landesarbeitsgericht Berlin-Brandenburg
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 21 June 2018
ECLI:EU:C:2018:482 |
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Judgment of the Court (Fifth Chamber) of 7 August 2018
ECLI:EU:C:2018:653 |
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Case C-115/17 Administration des douanes et droits indirects and Établissement national des produits de l'agriculture et de la mer (FranceAgriMer) v Clergeau and Others
Reference for a preliminary ruling — Regulation (EEC) No 1964/82 — False declarations or deceitful practices in order to secure special export refunds on certain cuts of boned meat of bovine animals — Amendment to Regulation No 1964/82 extending the entitlement to special export refunds — Principle of the retroactive application of the more lenient criminal law — Third sentence of Article 49(1) of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 12 April 2018
ECLI:EU:C:2018:240 |
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Judgment of the Court (Fifth Chamber) of 7 August 2018
ECLI:EU:C:2018:651 |
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Case C-120/17 Administratīvā rajona tiesa v Ministru kabinets
Reference for a preliminary ruling — Agriculture — Support for rural development — Regulation (EC) No 1257/1999 — Articles 10 to 12 — Early retirement support — National legislation providing for the transfer by inheritance of early retirement support — Legislation approved by the European Commission — Subsequent change of position — Protection of legitimate expectations
Request for a preliminary ruling from the Latvijas Republikas Satversmes tiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Mengozzi delivered on 30 May 2018
ECLI:EU:C:2018:351 |
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Judgment of the Court (Eighth Chamber) of 7 August 2018
ECLI:EU:C:2018:638 |
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Case C-122/17 Smith v Meade and Others
Reference for a preliminary ruling — Approximation of laws — Insurance against civil liability in respect of the use of motor vehicles — Third Directive 90/232/EEC — Article 1 — Liability for personal injury caused to all passengers other than the driver — Compulsory insurance — Direct effect of directives — Obligation to disapply national legislation contrary to a directive — Non-application of a contractual clause contrary to a directive
Request for a preliminary ruling from the Court of Appeal
Language of the case: English
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Opinion of Advocate General Bot delivered on 10 April 2018
ECLI:EU:C:2018:223 |
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Judgment of the Court (Grand Chamber) of 7 August 2018
ECLI:EU:C:2018:631 |
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Case C-123/17 Yön v Landeshauptstadt Stuttgart
Reference for a preliminary ruling — EEC-Turkey Association — Decision No 2/76 — Article 7 — Standstill clause — Right of residence of family members of a Turkish worker — Visa requirement for admission to the territory of a Member State
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 19 April 2018
ECLI:EU:C:2018:267 |
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Judgment of the Court (First Chamber) of 7 August 2018
ECLI:EU:C:2018:632 |
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Case C-161/17 Land Nordrhein-Westfalen v Renckhoff
Reference for a preliminary ruling — Copyright and related rights — Directive 2001/29/EC — Information society — Harmonisation of certain aspects of copyright and related rights — Article 3(1) — Communication to the public — Concept — Publication online, without the consent of the rightholder, of a photograph previously published on another website without any restrictions and with the consent of the rightholder — New public
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 25 April 2018
ECLI:EU:C:2018:279 |
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Judgment of the Court (Second Chamber) of 7 August 2018
ECLI:EU:C:2018:634 |
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Case C-300/17 Hochtief v Budapest Főváros Önkormányzata
Reference for a preliminary ruling — Public procurement — Review procedures — Directive 89/665/EC — Action for damages — Article 2(6) — National rules making the admissibility of any action for damages subject to a prior and definitive determination of the illegality of the decision of the contracting authority giving rise to the damage alleged — Actions for annulment — Prior action before an arbitration committee — Judicial review of arbitral decisions — National rules excluding pleas not raised before the arbitration committee — Charter of Fundamental Rights of the European Union — Article 47 — Right to effective judicial protection — Principles of effectiveness and equivalence
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
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Opinion of Advocate General Wathelet delivered on 7 June 2018
ECLI:EU:C:2018:405 |
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Judgment of the Court (Third Chamber) of 7 August 2018
ECLI:EU:C:2018:635 |
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Case C-329/17 Prenninger and Others v Oberösterreichische Landesregierung and Netz Oberösterreich
Reference for a preliminary ruling — Environment — Directive 2011/92/EU — Assessment of the effects of certain projects on the environment — Annex II — Point 1(d) — Concept of ‘deforestation for the purposes of conversion to another type of land use’ — Clearance of a path in a forest in connection with the construction and operation of an overhead electrical power line
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 7 August 2018
ECLI:EU:C:2018:640 |
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Case C-435/17 Argo Kalda Mardi talu v Põllumajanduse Registrite ja Informatsiooni Amet
Reference for a preliminary ruling — Common agricultural policy — Direct payments– Regulation (EU) No 1306/2013 — Articles 93 and 94 — Annex II — Cross-compliance — Agricultural and environmental conditions — Minimum requirements — Implementation by a Member State — Obligation to conserve ‘burial grounds’ — Scope
Request for a preliminary ruling from the Tartu Halduskohus
Language of the case: Estonian
| Summary |
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Opinion of Advocate General Sharpston delivered on 7 June 2018
ECLI:EU:C:2018:410 |
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Judgment of the Court (Third Chamber) of 7 August 2018
ECLI:EU:C:2018:637 |
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Case C-475/17 Viking Motors and Others v Tallinna linn and Maksu- ja Tolliamet
Reference for a preliminary ruling — Taxation — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 401 — Domestic taxes which can be characterised as turnover taxes — Prohibition — Concept of ‘turnover tax’ — Local sales tax — Essential characteristics of VAT — None
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
| Summary |
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Judgment of the Court (Seventh Chamber) of 7 August 2018
ECLI:EU:C:2018:636 |
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Case C-485/17 Verbraucherzentrale Berlin v Unimatic Vertriebs
Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Article 2(9) — Concept of ‘business premises’ — Criteria — Sales contract concluded on a stand run by a trader at a trade fair
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 7 August 2018
ECLI:EU:C:2018:642 |
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Case C-521/17 SNB-REACT v Mehta
Reference for a preliminary ruling — Intellectual and industrial property — Directive 2004/48/EC — Article 4 — Legal standing of a body for the collective representation of trade mark proprietors — Directive 2000/31/EC — Articles 12 to 14 — Liability of a provider of IP address rental and registration services allowing the anonymous use of domain names and websites
Request for a preliminary ruling from the Tallinna Ringkonnakohus
Language of the case: Estonian
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Judgment of the Court (Third Chamber) of 7 August 2018
ECLI:EU:C:2018:639 |
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September 2018
Case C-57/16 P ClientEarth v Commission
Appeal — Access to documents of the EU institutions — Regulation (EC) No 1049/2001 — Regulation (EC) No 1367/2006 — Impact assessment report, draft impact assessment report and opinion of the Impact Assessment Board — Legislative initiatives in respect of environmental matters — Refusal to grant access — Disclosure of the documents requested in the course of the proceedings — Continuing interest in bringing proceedings — Exception relating to the protection of the ongoing decision-making process of an EU institution — General presumption
Language of the case: English
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Opinion of Advocate General Bot delivered on 28 November 2017
ECLI:EU:C:2017:909 |
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Judgment of the Court (Grand Chamber) of 4 September 2018
ECLI:EU:C:2018:660 |
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Case C-80/17 Fundo de Garantia Automóvel v Destapado Pão Mole Juliana and Caetano Juliana
Reference for a preliminary ruling — Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC — Article 3(1) — Second Directive 84/5/EEC — Article 1(4) — Obligation to take out a contract of insurance — Vehicle parked on private land — Right of the compensation body to bring an action against the owner of the uninsured vehicle
Request for a preliminary ruling from the Supremo Tribunal de Justiça
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Bobek delivered on 26 April 2018
ECLI:EU:C:2018:290 |
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Judgment of the Court (Grand Chamber) of 4 September 2018
ECLI:EU:C:2018:661 |
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Case C-244/17 Commission v Council (Agreement with Kazakhstan)
Action for annulment — Decision (EU) 2017/477 — Position to be adopted on behalf of the European Union within the Cooperation Council established under the Enhanced Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Kazakhstan, of the other part, as regards the working arrangements of the Cooperation Council, the Cooperation Committee, specialised subcommittees or any other bodies — Article 218(9) TFEU — Decision establishing the positions to be adopted on behalf of the European Union in a body set up by an international agreement — Agreement some of whose provisions may be linked with the common foreign and security policy (CFSP) — Voting rule
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 31 May 2018
ECLI:EU:C:2018:364 |
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Judgment of the Court (Grand Chamber) of 4 September 2018
ECLI:EU:C:2018:662 |
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Case C-430/16 P Bank Mellat v Council
Appeal — Common Foreign and Security Policy (CFSP) — Combating of nuclear proliferation — Restrictive measures against the Islamic Republic of Iran — Sector-specific measures — Restrictions on transfers of funds involving Iranian financial institutions — Strengthening of restrictions — Regime at issue adopted under the provisions of Decision 2012/635/CFSP and of Regulation (EU) No 1263/2012 — Implementation of the Joint Comprehensive Plan of Action on the Iranian nuclear issue — Lifting of all restrictive measures of the European Union related to this issue — Repeal of regime at issue in the course of proceedings before the General Court of the European Union — Effect on interest in bringing proceedings before the General Court — No continuation of interest in bringing proceedings
Language of the case: English
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Opinion of Advocate General Mengozzi delivered on 30 May 2018
ECLI:EU:C:2018:345 |
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Judgment of the Court (Second Chamber) of 6 September 2018
ECLI:EU:C:2018:668 |
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Case C-488/16 P Bundesverband Souvenir - Geschenke - Ehrenpreise v EUIPO
Appeal — EU trade mark — Invalidity proceedings — Word mark NEUSCHWANSTEIN — Regulation (EC) No 207/2009 — Article 7(1)(b) and (c) — Absolute grounds for refusal — Descriptive character — Indication of geographical origin — Distinctive character — Article 52(1)(b) — Bad faith
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 11 January 2018
ECLI:EU:C:2018:3 |
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Judgment of the Court (Fifth Chamber) of 6 September 2018
ECLI:EU:C:2018:673 |
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Case C-527/16 Salzburger Gebietskrankenkasse and Bundesminister für Arbeit, Soziales und Konsumentenschutz v Alpenrind and Others
Reference for a preliminary ruling — Social security — Regulation (EC) No 987/2009 — Articles 5 and 19(2) — Workers posted in a Member State other than that in which the employer usually carries out its activities — Issue of the A1 attestations by the Member State of origin after recognition by the host Member State that the workers are subject to its social security scheme — Opinion of the Administrative Board — Incorrect issue of A1 certificates — Finding — Binding nature and retroactive effect of those certificates — Regulation (EC) No 883/2004 — Legislation applicable — Article 12(1) — Concept of a person ‘sent to replace another person’
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 31 January 2018
ECLI:EU:C:2018:52 |
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Judgment of the Court (First Chamber) of 6 September 2018
ECLI:EU:C:2018:669 |
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Case C-4/17 P Czech Republic v Commission
Appeal — European Agricultural Guarantee Fund (EAGF) — Expenditure eligible for European Union financing — Expenditure by the Czech Republic — Regulation (EC) No 479/2008 — Article 11(3) — Concept of ‘restructuring of vineyards’
Language of the case: Czech
| Summary |
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Opinion of Advocate General Kokott delivered on 12 April 2018
ECLI:EU:C:2018:237 |
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Judgment of the Court (Third Chamber) of 6 September 2018
ECLI:EU:C:2018:678 |
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Case C-17/17 Hampshire v The Board of the Pension Protection Fund
Reference for a preliminary ruling — Protection of employees in the event of the insolvency of their employer — Directive 2008/94/EC — Article 8 — Supplementary pension schemes — Protection of entitlement to old-age benefits — Minimum level of protection guaranteed
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
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Opinion of Advocate General Kokott delivered on 26 April 2018
ECLI:EU:C:2018:287 |
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Judgment of the Court (Fourth Chamber) of 6 September 2018
ECLI:EU:C:2018:674 |
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Case C-21/17 Catlin Europe v O. K. Trans Praha
Reference for a preliminary ruling — Judicial cooperation in civil and commercial matters — European order for payment procedure — Regulation (EC) No 1896/2006 — Issue of an order for payment together with the application for the order — No translation of the application for the order — European order for payment declared enforceable — Application for review after expiry of the period for opposition — Service of judicial and extrajudicial documents — Regulation (EC) No 1393/2007 — Applicability — Article 8 and Annex II — Informing the addressee of the right to refuse to accept a document instituting proceedings that has not been translated — Lack of the standard form — Consequences
Request for a preliminary ruling from the Nejvyšší soud České republiky
Language of the case: Czech
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Opinion of Advocate General Wathelet delivered on 29 May 2018
ECLI:EU:C:2018:341 |
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Judgment of the Court (Fifth Chamber) of 6 September 2018
ECLI:EU:C:2018:675 |
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Case C-346/17 P Klein v Commission
Appeal — Second paragraph of Article 340 TFEU — Non-contractual liability of the European Union — Directive 93/42/EEC — Medical devices — Article 8(1) and (2) — Safeguard clause procedure — Notification by a Member State of a decision prohibiting the placing on the market of a medical device — Absence of a decision by the European Commission — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Causal link between the conduct of the institution and the damage alleged — Evidence of the existence and extent of the damage
Language of the case: German
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Opinion of Advocate General Bot delivered on 21 March 2018
ECLI:EU:C:2018:206 |
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Judgment of the Court (Third Chamber) of 6 September 2018
ECLI:EU:C:2018:679 |
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Case C-471/17 Kreyenhop & Kluge v Hauptzollamt Hannover
Reference for a preliminary ruling — Customs Union and Common Customs Tariff — Tariff and statistical nomenclature — Classification of goods — Fried instant noodles — Tariff subheading 1902 30 10
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
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Judgment of the Court (Tenth Chamber) of 6 September 2018
ECLI:EU:C:2018:681 |
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Case C-68/17 IR v JQ
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment — Occupational activities within churches and other organisations the ethos of which is based on religion or belief — Occupational requirements — Acting in good faith and with loyalty to the ethos of the church or organisation — Definition — Difference of treatment on the basis of religion or belief — Dismissal of an employee of the Catholic faith performing managerial duties due to a second, civil marriage entered into after a divorce
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Opinion of Advocate General Wathelet delivered on 31 May 2018
ECLI:EU:C:2018:363 |
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Judgment of the Court (Grand Chamber) of 11 September 2018
ECLI:EU:C:2018:696 |
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Case C-69/17 Siemens Gamesa Renewable Energy România v Agenţia Naţională de Administrare Fiscală – Direcţia Generală de Soluţionare a Contestaţiilor and Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Administrare a Marilor Contribuabili
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Right of deduction — Acquisitions made by a taxpayer declared ‘inactive’ by the tax authorities — Refusal of the right of deduction — Principles of proportionality and neutrality of VAT
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
| Summary |
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Judgment of the Court (Seventh Chamber) of 12 September 2018
ECLI:EU:C:2018:703 |
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Case C-304/17 Löber v Barclays Bank
Reference for a preliminary ruling — Regulation (EC) No 44/2001 — Jurisdiction in civil and commercial matters — Special jurisdiction — Article 5(3) — Jurisdiction in tort, delict or quasi-delict — Place where the harmful event occurred or may occur — Consumer, domiciled in a Member State, who bought, through a bank established in that Member State, securities issued by a bank established in another Member State — Jurisdiction to hear and determine the tort action brought by that consumer against the bank concerned)
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 8 May 2018
ECLI:EU:C:2018:310 |
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Judgment of the Court (First Chamber) of 12 September 2018
ECLI:EU:C:2018:701 |
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Case C-601/17 Harms v Vueling Airlines
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 8(1) — Reimbursement of the price of a ticket in the event of cancellation of a flight — Commission collected by a person acting as an intermediary between the passenger and the air carrier when the ticket was bought — Included
Request for a preliminary ruling from the Amtsgericht Hamburg
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 12 September 2018
ECLI:EU:C:2018:702 |
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Case C-358/16 UBS Europe and Hondequin and Others v DV and Others
Reference for a preliminary ruling — Approximation of laws — Directive 2004/39/EC — Article 54(1) and (3) — Scope of the obligation of professional secrecy on national financial supervisory authorities — Finding of the absence of good repute — Cases covered by criminal law — Charter of Fundamental Rights of the European Union — Articles 47 and 48 — Rights of the defence — Access to the file
Request for a preliminary ruling from the Cour administrative (Luxembourg)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 26 July 2017
ECLI:EU:C:2017:606 |
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Judgment of the Court (Fifth Chamber) of 13 September 2018
ECLI:EU:C:2018:715 |
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Case C-594/16 Buccioni v Banca d'Italia
Reference for a preliminary ruling — Approximation of laws — Directive 2013/36/EU — Article 53(1) — Obligation of professional secrecy on national authorities charged with prudential supervision of credit institutions — Credit institution which is being compulsorily wound up — Disclosure of confidential information in civil or commercial proceedings
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Bobek delivered on 12 June 2018
ECLI:EU:C:2018:425 |
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Judgment of the Court (Fifth Chamber) of 13 September 2018
ECLI:EU:C:2018:717 |
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Case C-618/16 Prefeta v Secretary of State for Work and Pensions
Reference for a preliminary ruling — Freedom of movement for persons — Article 45 TFEU — 2003 Act of Accession — Chapter 2 of Annex XII — Whether a Member State may derogate from Article 7(2) of Regulation (EU) No 492/2011 and Article 7(3) of Directive 2004/38/EC — Polish national who has not completed a period of 12 months’ registered work in the host Member State
Request for a preliminary ruling from the Upper Tribunal (Administrative Appeals Chamber)
Language of the case: English
| Summary |
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Opinion of Advocate General Wathelet delivered on 28 February 2018
ECLI:EU:C:2018:125 |
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Judgment of the Court (Fifth Chamber) of 13 September 2018
ECLI:EU:C:2018:719 |
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Case C-26/17 P Birkenstock Sales v EUIPO
Appeal — EU trade mark — International registration designating the European Union — Figurative mark representing a pattern of wavy, crisscrossing lines — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute ground for refusal — Distinctive character — Surface pattern
Language of the case: German
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Judgment of the Court (Tenth Chamber) of 13 September 2018
ECLI:EU:C:2018:714 |
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Joined Cases C-54/17 and C-55/17 Autorità Garante della Concorrenza e del Mercato v Wind Tre and Vodafone Italia
References for a preliminary ruling — Consumer protection — Directive 2005/29/EC — Unfair commercial practices — Article 3(4) — Scope — Articles 5, 8 and 9 — Aggressive commercial practices — Annexe I, point 29 — Commercial practices which are aggressive in all circumstances — Inertia selling — Directive 2002/21/EC — Directive 2002/22/EC — Telecommunication services — Sale of SIM (Subscriber Identity Module) cards containing certain pre-installed and pre-activated services — Failure to give prior information to consumers
References for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 31 May 2018
ECLI:EU:C:2018:377 |
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Judgment of the Court (Second Chamber) of 13 September 2018
ECLI:EU:C:2018:710 |
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Case C-176/17 Profi Credit Polska v Wawrzosek
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Directive 2008/48/EC — Order for payment procedure founded on a promissory note that secures the obligations arising from a consumer credit agreement
Request for a preliminary ruling from the Sąd Rejonowy w Siemianowicach Śląskich I Wydział Cywilny
Language of the case: Polish
| Summary |
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Opinion of Advocate General Kokott delivered on 26 April 2018
ECLI:EU:C:2018:293 |
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Judgment of the Court (Second Chamber) of 13 September 2018
ECLI:EU:C:2018:711 |
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Case C-287/17 Česká pojišťovna v WCZ
Reference for a preliminary ruling — Company law — Combating late payments in commercial transactions — Directive 2011/7/EU — Article 6(1) and (3) — Reimbursement of debt recovery costs — Costs resulting from reminders sent on account of late payment by a debtor
Request for a preliminary ruling from the Okresní soud v Českých Budějovicích
Language of the case: Czech
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Opinion of Advocate General Wathelet delivered on 29 May 2018
ECLI:EU:C:2018:342 |
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Judgment of the Court (Ninth Chamber) of 13 September 2018
ECLI:EU:C:2018:707 |
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Case C-332/17 Starman v Tarbijakaitseamet
Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Article 21 — Consumer contracts — Telephone communications — Practice of a telecommunication services provider consisting in offering its customers who have already concluded a contract a speed dial number at a rate higher than the basic rate
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
| Summary |
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Judgment of the Court (Eighth Chamber) of 13 September 2018
ECLI:EU:C:2018:721 |
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Case C-369/17 Ahmed v Bevándorlási és Menekültügyi Hivatal
Reference for a preliminary ruling — Area of freedom, security and justice — Borders, asylum and immigration — Refugee status or subsidiary protection status — Directive 2011/95/EU — Article 17 — Exclusion from subsidiary protection status — Grounds — Conviction for a serious crime — Determination of seriousness on the basis of the penalty provided for under national law — Whether permissible — Need for an individual assessment
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Second Chamber) of 13 September 2018
ECLI:EU:C:2018:713 |
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Case C-372/17 Vision Research Europe v Inspecteur van de Belastingdienst/Douane kantoor Rotterdam Rijnmond
Reference for a preliminary ruling — Common Customs Tariff — Tariff headings — Classification of goods — Volatile-memory camera, meaning that recorded images are deleted when the camera is switched off or when new images are captured — Combined Nomenclature — Subheadings 8525 80 19 and 8525 80 30 — Explanatory Notes — Interpretation — Implementing Regulation (EU) No 113/2014 — Interpretation — Validity
Request for a preliminary ruling from the Rechtbank Noord-Holland
Language of the case: Dutch
| Summary |
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Judgment of the Court (Ninth Chamber) of 13 September 2018
ECLI:EU:C:2018:708 |
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Case C-542/18 RX Review Simpson v Council
Language of the case: English
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Decision of the Court of Justice (Reviewing Chamber) of 17 September 2018
ECLI:EU:C:2018:763 |
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Case C-543/18 RX Review HG v Commission
Language of the case: French
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Decision of the Court of Justice (Reviewing Chamber) of 17 September 2018
ECLI:EU:C:2018:764 |
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Case C-438/16 P Commission v France and IFP Énergies nouvelles
Appeal — State aid — State aid scheme implemented by France — Unlimited State guarantee conferred on the Institut français du pétrole (IFP) by the grant of the status of publicly owned industrial and commercial establishment (EPIC) — Decision declaring that measure as partially not constituting State aid and as partially constituting State aid compatible with the Internal market, subject to certain conditions — Concept of ‘aid scheme’ — Presumption of the existence of an advantage — Burden and standard of proof
Language of the case: French
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Opinion of Advocate General Wathelet delivered on 7 December 2017
ECLI:EU:C:2017:951 |
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Judgment of the Court (Fifth Chamber) of 19 September 2018
ECLI:EU:C:2018:737 |
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Case C-41/17 González Castro v Mutua Umivale and Others
Reference for a preliminary ruling — Directive 92/85/EEC — Articles 4, 5 and 7 — Protection of the safety and health of workers — Worker who is breastfeeding — Night work — Shift work performed in part at night — Risk assessment of her work — Prevention measures — Challenge by the worker concerned — Directive 2006/54/EC — Article 19 — Equal treatment — Discrimination on grounds of sex — Burden of proof
Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
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Opinion of Advocate General Sharpston delivered on 26 April 2018
ECLI:EU:C:2018:289 |
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Judgment of the Court (Fifth Chamber) of 19 September 2018
ECLI:EU:C:2018:736 |
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Case C-109/17 Bankia v Mari Merino and Pérez Gavilán
Reference for a preliminary ruling — Directive 2005/29/EC — Unfair business-to-consumer commercial practices — Loan agreement secured by a mortgage — Mortgage enforcement proceedings — Revaluation of immovable property prior to its sale by auction — Validity of the enforceable instrument — Article 11 — Adequate and effective means to combat unfair commercial practices — National court prohibited from assessing the existence of unfair commercial practices — Impossibility of staying the mortgage enforcement proceedings — Articles 2 and 10 — Code of good conduct — Non-legally binding nature of that code
Request for a preliminary ruling from the Juzgado de Primera Instancia de Cartagena
Language of the case: Spanish
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Opinion of Advocate General Wahl delivered on 21 March 2018
ECLI:EU:C:2018:201 |
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Judgment of the Court (Fifth Chamber) of 19 September 2018
ECLI:EU:C:2018:735 |
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Case C-312/17 Bedi v Bundesrepublik Deutschland and Bundesrepublik Deutschland in Prozessstandschaft für das Vereinigte Königreich von Großbritannien und Nordirland
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(2) — Prohibition of any discrimination on grounds of disability — Collective agreement on social security — Bridging assistance paid to former civilian employees of the Allied forces in Germany — Termination of the payment of that assistance when the recipient becomes entitled to early payment of a retirement pension for disabled persons under the statutory pension scheme
Request for a preliminary ruling from the Landesarbeitsgericht Hamm
Language of the case: German
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Opinion of Advocate General Sharpston delivered on 29 May 2018
ECLI:EU:C:2018:336 |
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Judgment of the Court (Third Chamber) of 19 September 2018
ECLI:EU:C:2018:734 |
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Case C-310/18 PPU Criminal proceedings against Milev
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in criminal matters — Directive (EU) 2016/343 — Presumption of innocence — Public references to guilt — Remedies — Procedure for reviewing the lawfulness of pre-trial detention
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
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Opinion of Advocate General Wathelet delivered on 7 August 2018
ECLI:EU:C:2018:645 |
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Judgment of the Court (First Chamber) of 19 September 2018
ECLI:EU:C:2018:732 |
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Joined Cases C-325/18 PPU and C-375/18 PPU Hampshire County Council v C.E. and N.E.
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in matters of parental responsibility — International child abduction — Regulation (EC) No 2201/2003 — Article 11 — Application for return — Hague Convention of 25 October 1980 — Application for a declaration of enforceability — Appeal — Charter of Fundamental Rights of the European Union — Article 47 — Right to an effective remedy — Time limit for bringing the appeal — Order authorising enforcement — Enforcement prior to service of the order
References for a preliminary ruling from the Court of Appeal (Ireland)
Language of the case: English
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Opinion of Advocate General Kokott delivered on 7 August 2018
ECLI:EU:C:2018:654 |
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Judgment of the Court (First Chamber) of 19 September 2018
ECLI:EU:C:2018:739 |
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Case C-327/18 PPU Minister for Justice and Equality v RO
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Grounds for non-execution — Article 50 TEU — Warrant issued by the judicial authorities of a Member State that has initiated the procedure for withdrawal from the European Union — Uncertainty as to the law applicable to the relationship between that State and the Union following withdrawal
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
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Opinion of Advocate General Szpunar delivered on 7 August 2018
ECLI:EU:C:2018:644 |
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Judgment of the Court (First Chamber) of 19 September 2018
ECLI:EU:C:2018:733 |
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Case C-510/16 Carrefour Hypermarchés and Others v Ministre des Finances et des Comptes publics
Reference for a preliminary ruling — State aid — Article 108(3) TFEU — Regulation (EC) No 794/2004 — Notified aid schemes — Article 4 — Alteration to existing aid — Significant increase in revenue from taxes allocated to financing of aid schemes compared to the projection notified to the European Commission — 20% threshold of the original budget
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
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Opinion of Advocate General Wahl delivered on 30 November 2017
ECLI:EU:C:2017:929 |
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Judgment of the Court (Fourth Chamber) of 20 September 2018
ECLI:EU:C:2018:751 |
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Case C-546/16 Montte v Musikene
Reference for a preliminary ruling — Article 267 TFEU — Jurisdiction of the Court — Whether the referring body qualifies as a court or tribunal — Directive 2014/24/EU — Public procurement procedures — Open procedure — Award criteria — Technical evaluation — Minimum score threshold — Price-based evaluation
Request for a preliminary ruling from the Órgano Administrativo de Recursos Contractuales de la Comunidad Autónoma de Euskadi
Language of the case: Spanish
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Opinion of Advocate General Szpunar delivered on 26 June 2018
ECLI:EU:C:2018:493 |
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Judgment of the Court (Fourth Chamber) of 20 September 2018
ECLI:EU:C:2018:752 |
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Case C-685/16 EV v Finanzamt Lippstadt
Reference for a preliminary ruling — Articles 63 to 65 TFEU — Free movement of capital — Deduction of taxable profits — Shareholdings of a parent company in a capital company whose management and registered office are located in a non-member State — Dividends distributed to the parent company — Tax deductibility subject to stricter conditions than deduction of profits from shareholdings in a non-tax-exempt capital company governed by national law
Request for a preliminary ruling from the Finanzgericht Münster
Language of the case: German
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Opinion of Advocate General Wathelet delivered on 7 February 2018
ECLI:EU:C:2018:70 |
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Judgment of the Court (Fifth Chamber) of 20 September 2018
ECLI:EU:C:2018:743 |
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Case C-51/17 OTP Bank and OTP Faktoring v Ilyés and Kiss
Reference for a preliminary ruling — Consumer protection — Unfair terms — Directive 93/13/EEC — Scope — Article 1(2) — Mandatory statutory or regulatory provisions — Article 3(1) — Concept of ‘contractual term which has not been individually negotiated’ — Term incorporated in the contract after its conclusion following the intervention of the national legislature — Article 4(2) — Plain and intelligible drafting of a term — Article 6(1) — Examination by the national court of its own motion as to whether a term is unfair — Loan contract denominated in a foreign currency concluded between a seller or supplier and a consumer
Request for a preliminary ruling from the Fővárosi Ítélőtábla
Language of the case: Hungarian
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Opinion of Advocate General Tanchev delivered on 3 May 2018
ECLI:EU:C:2018:303 |
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Judgment of the Court (Second Chamber) of 20 September 2018
ECLI:EU:C:2018:750 |
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Case C-114/17 P Spain v Commission
Appeal — State aid — Digital television — Aid for the deployment of digital terrestrial television in remote and less urbanised areas of the Comunidad Autónoma de Castilla-La Mancha (Autonomous Community of Castilla-La Mancha, Spain) — Subsidies granted to operators of digital terrestrial television platforms — Decision declaring the aid incompatible in part with the internal market — Concept of ‘State aid’ — Advantage — Service of general economic interest — Definition — Discretion of the Member States
Language of the case: Spanish
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Opinion of Advocate General Sharpston delivered on 8 May 2018
ECLI:EU:C:2018:309 |
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Judgment of the Court (Fourth Chamber) of 20 September 2018
ECLI:EU:C:2018:753 |
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Case C-214/17 Mölk v Mölk
Reference for a preliminary ruling — Judicial cooperation in civil matters — Hague Protocol on the law applicable to maintenance obligations — Article 4(3) — Application for maintenance lodged by the maintenance creditor with the competent authority of the State where the debtor has his habitual residence — Decision which has acquired the force of res judicata — Subsequent application, lodged with the same authority by the debtor, seeking a reduction in the amount of maintenance awarded — Appearance entered by the creditor — Determination of the applicable law
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 2 May 2018
ECLI:EU:C:2018:297 |
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Judgment of the Court (Sixth Chamber) of 20 September 2018
ECLI:EU:C:2018:744 |
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Case C-343/17 Fremoluc v Agentschap voor Grond- en Woonbeleid voor Vlaams-Brabant (Vlabinvest ABP) and Others
Reference for a preliminary ruling — Fundamental freedoms — Articles 21, 45, 49 and 63 TFEU — Directive 2004/38/EC — Articles 22 and 24 — Right of pre‑emption of a government body on land located in its operating area with a view to developing social housing — Housing allocated on a priority basis to private individuals who ‘have strong social, economic or socio-cultural ties’ with the area in which that body operates — Situation which is confined in all respects within a single Member State — Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel
Language of the case: Dutch
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Judgment of the Court (Fourth Chamber) of 20 September 2018
ECLI:EU:C:2018:754 |
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Case C-373/17 P Agria Polska and Others v Commission
Appeal — Competition — Rejection of a complaint by the European Commission — Lack of Union interest
Language of the case: Polish
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Judgment of the Court (Ninth Chamber) of 20 September 2018
ECLI:EU:C:2018:756 |
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Case C-448/17 EOS KSI Slovensko v Danko and Danková
Reference for a preliminary ruling — Consumer credit agreement — Directive 93/13/EEC — Unfair terms — Article 4(2) and Article 5 — Obligation to draft terms in plain intelligible language — Article 7 — Actions brought before the courts by persons or organisations having a legitimate interest in protecting consumers against the use of unfair terms — National law making the possibility for a consumer protection association to intervene in the proceedings subject to the consumer’s consent — Consumer credit — Directive 87/102/EEC — Article 4(2) — Obligation to indicate the annual percentage rate in the written agreement — Agreement containing only a mathematical formula for calculating the annual percentage rate without the information necessary to make that calculation
Request for a preliminary ruling from the Krajský súd v Prešove
Language of the case: Slovak
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Judgment of the Court (Eighth Chamber) of 20 September 2018
ECLI:EU:C:2018:745 |
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Case C-466/17 Motter v Provincia autonoma di Trento
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Public sector — Secondary school teachers — Employment of fixed-term workers as career civil servants through recruitment based on qualification — Determination of the period of service deemed accrued — Account taken only in part of periods of service completed under fixed-term contracts
Request for a preliminary ruling from the Tribunale di Trento
Language of the case: Italian
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Judgment of the Court (Sixth Chamber) of 20 September 2018
ECLI:EU:C:2018:758 |
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Case C-518/17 Rudigier
Reference for a preliminary ruling — Public procurement — Public passenger transport services by rail and by road — Regulation (EC) No 1370/2007 — Article 5(1) — Award of public service contracts — Article 7(2) — Obligation to publish certain information in the Official Journal of the European Union at least one year before the launch of the procedure — Consequences of non-publication — Annulment of the call for tenders — Directive 2014/24/EU — Article 27(1) — Article 47(1) — Directive 2014/25/EU — Article 45(1) — Article 66(1) — Contract notice
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Judgment of the Court (Ninth Chamber) of 20 September 2018
ECLI:EU:C:2018:757 |
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Case C-555/17 2M-Locatel v Skatteministeriet
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Customs Union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Subheadings 8528 71 13 and 8528 71 90 — Apparatus capable of receiving, decoding and processing live TV signals transmitted using internet technology
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
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Judgment of the Court (Tenth Chamber) of 20 September 2018
ECLI:EU:C:2018:746 |
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Case C-99/17 P Infineon Technologies v Commission
Appeal — Agreements, decisions and concerted practices — European market for smart card chips — Network of bilateral contacts — Exchanges of commercially sensitive information — Challenge of the authenticity of the evidence — Rights of the defence — Restriction of competition ‘by object’ — Single and continuous infringement — Judicial review — Unlimited jurisdiction — Scope — Calculation of the amount of the fine
Language of the case: English
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Opinion of Advocate General Wathelet delivered on 12 April 2018
ECLI:EU:C:2018:238 |
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Judgment of the Court (Fourth Chamber) of 26 September 2018
ECLI:EU:C:2018:773 |
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Case C-137/17 Criminal proceedings against Van Gennip and Others
Reference for a preliminary ruling — Directives 2006/123/EC, 2007/23/EC and 2013/29/EU — Placing on the market of pyrotechnic articles — Free movement of pyrotechnic articles compliant with the requirements of those directives — National legislation laying down restrictions on the storage and sale of those articles — Criminal penalties — Twofold authorisation scheme — Directive 98/34/EC — Concept of ‘technical regulation’)
Request for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen
Language of the case: Dutch
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Opinion of Advocate General Bot delivered on 19 April 2018
ECLI:EU:C:2018:272 |
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Judgment of the Court (Fifth Chamber) of 26 September 2018
ECLI:EU:C:2018:771 |
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Case C-175/17 X v Belastingdienst/Toeslagen (Suspensory effect of the appeal)
Reference for a preliminary ruling — Common policy on asylum and subsidiary protection — Directive 2005/85/EC — Article 39 — Directive 2008/115/EC — Article 13 — Charter of Fundamental Rights of the European Union — Article 18, Article 19(2) and Article 47 — Right to an effective remedy — Principle of non-refoulement — Decision rejecting an application for asylum and imposing an obligation to return — National legislation providing for a second level of jurisdiction — Automatic suspensory effect limited to the action at first instance
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Opinion of Advocate General Bot delivered on 24 January 2018
ECLI:EU:C:2018:34 |
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Judgment of the Court (Fourth Chamber) of 26 September 2018
ECLI:EU:C:2018:776 |
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Case C-180/17 X and Y v Staatssecretaris van Veiligheid en Justitie (Suspensory effect of the appeal)
Reference for a preliminary ruling — Common policy on asylum and subsidiary protection — Directive 2013/32/EU — Article 46 — Directive 2008/115/EC — Article 13 — Charter of Fundamental Rights of the European Union — Article 18, Article 19(2) and Article 47 — Right to an effective remedy — Principle of non-refoulement — Decision rejecting an application for international protection and imposing an obligation to return — National legislation providing for a second level of jurisdiction — Automatic suspensory effect limited to the action at first instance
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Opinion of Advocate General Bot delivered on 24 January 2018
ECLI:EU:C:2018:34 |
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Judgment of the Court (Fourth Chamber) of 26 September 2018
ECLI:EU:C:2018:775 |
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Case C-513/17 Proceedings brought by Baumgartner
Reference for a preliminary ruling — Transport — Road transport — Regulation (EC) No 561/2006 — Article 19(2), first subparagraph — Administrative penalty for an infringement committed in the Member State of the seat of an undertaking imposed by the competent authorities of another Member State in which the infringement was detected
Request for a preliminary ruling from the Amtsgericht Köln
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 26 September 2018
ECLI:EU:C:2018:772 |
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Information (on unpublished decisions)
Case C-717/17 P(I) Minority SafePack - one million signatures for diversity in Europe v Romania and Commission
Appeal — Intervention — Article 40, second paragraph, second sentence, of the Statute of the Court of Justice of the European Union — Dispute between a Member State and an Institution of the European Union — European citizens’ initiative ‘Minority SafePack — one million signatures for diversity in Europe’ — Application for leave to intervene made by the organisers of that European citizens’ initiative — Rejection
Case C-79/17 Proceedings brought by Gmalieva and Others
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Freedom to provide services — Games of chance — Monopoly on games of chance in a Member State — National legislation prohibiting the operation of slot machines without prior authorisation from the administrative authorities
Case C-454/17 P Piessevaux v Council
Appeal — Civil Service — Staff Regulations of Officials of the European Union — Article 11(2) of Annex VIII — Pension rights acquired under a national scheme — Transfer of those rights to the EU pension scheme — Difference in treatment between officials who have had the capital representing their pension rights transferred to the EU scheme before and after the entry into force of new implementing provisions
Case C-472/17 Di Girolamo v Ministero della Giustizia
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Social policy — Fixed-term employment — Magistrates — Manifest inadmissibility
Case C-547/17 P Basic Net v EUIPO
Appeal — EU trade mark — Figurative trade mark representing three vertical stripes — Proof of distinctive character acquired through use
Case C-67/18 P Bilde v Parliament
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Order of the Court (Eighth Chamber) of 6 September 2018 ECLI:EU:C:2018:692 |
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Case C-90/18 HBOR v Povjerenik za informiranje Republike Hrvatske
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court — Lack of sufficient information concerning the factual and regulatory context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred — Manifest inadmissibility
Case C-136/18 P Hansen v bet365 Group
Appeal — EU trade mark — Article 181 of the Rules of Procedure of the Court of Justice — Invalidity proceedings — Word mark BET 365 — Evidence of the acquisition of distinctive character through use
Case C-150/18 P El Corte Inglés v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — Figurative mark containing the word elements ‘free’ and ‘style’ — Regulation (EC) No 207/2009 — Article 7(1)(c) — Perception by the relevant public — Definitive assessment thereof by the General Court — Article 76 — Facts and evidence produced out of time — Principle of equal treatment — Lack of binding force of previous decisions of the European Union Intellectual Property Office (EUIPO)
Case C-151/18 P El Corte Inglés v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — Word mark FREE STYLE — Regulation (EC) No 207/2009 — Article 7(1)(c) — Perception by the relevant public — Definitive assessment thereof by the General Court — Article 76 — Facts and evidence produced out of time — Principle of equal treatment — Lack of binding force of previous decisions of the European Union Intellectual Property Office (EUIPO)
Case C-184/18 Fazenda Pública v Patrício Teixeira and da Silva Moreira Patrício Teixeira
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Direct taxation — Article 18 TFEU — Principle of non-discrimination — Articles 63, 64 and 65 TFEU — Free movement of capital –Heavier tax burden on capital gains made by non-residents — Restrictions on movements of capital to and from non-Member States
Case C-246/18 P Kondyterska korporatsiia "Roshen" v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of a mark representing a crayfish
Case C-84/18 P Montel v Parliament
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Order of the Court (Eighth Chamber) of 6 September 2018 ECLI:EU:C:2018:693 |
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Case C-542/17 P Allstate Insurance v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the word mark DRIVEWISE — Dismissal of the application — Regulation (EC) No 207/2009 — Article 7(1)(c) — Article 7(2) — Article 75 — Descriptive character — Neologism composed of elements each of which is descriptive of the characteristics of the goods or services concerned — Intended purpose of the goods or services — Distortion — Duty to state reasons
Case C-248/18 P Krasnyiy oktyabr v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of a mark representing a crayfish
Joined Cases C-208/17 P to C-210/17 P NF and Others v European Council
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU-Turkey statement of the European Council of 18 March 2016 — Application for annulment
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Order of the Court (First Chamber) of 12 September 2018 ECLI:EU:C:2018:705 |
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Case C-241/17 P Holistic Innovation Institute v REA
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Order of the Court (Tenth Chamber) of 12 September 2018 ECLI:EU:C:2018:704 |
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Case C-172/17 P ANKO v Commission
Appeal — Arbitration clauses — Pocemon Agreement concluded under the Seventh Framework Programme of the European Community for Research, Technological Development and Demonstration 2007-2013 — Eligible costs — European Commission decision — Obligation to reimburse sums paid — Counter-claim
Case C-173/17 P ANKO v Commission
Appeal — Arbitration clauses — Doc@Hand Agreement concluded under the Seventh Framework Programme of the European Community for Research, Technological Development and Demonstration 2007-2013 — Eligible costs — European Commission decision — Obligation to reimburse sums paid — Counter-claim
Case C-539/17 P Talanton v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Seventh Framework Programme of the European Community for Research, Technological Development and Demonstration 2007-2013 — Grant agreement — Non-eligible costs — European Commission decision on recovery — Action brought by the recipient before the General Court of the European Union on the basis of Article 272 TFEU — Appeal manifestly unfounded
Case C-23/18 P Ccc Event Management v Court of Justice of the European Union
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Order of the Court (Tenth Chamber) of 13 September 2018 ECLI:EU:C:2018:761 |
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Case C-229/18 P(R) Parliament v Strabag Belgium
Appeal — Order for interim measures — Public works contracts of the European Communities — Tender procedure — Decision rejecting the tender of a tenderer and awarding the contract to other tenderers — Suspension of operation of that decision — Interest in bringing proceedings — No need to adjudicate
Case C-660/15 P-DEP Viasat Broadcasting UK v TV2/Danmark
Taxation of costs
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Order of the Court (First Chamber) of 26 September 2018 ECLI:EU:C:2018:778 |
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Case C-98/17 P Philips and Philips France v Commission
Appeal — Agreements, decisions and concerted practices — European market for smart card chips — Network of bilateral contacts — Exchanges of commercially sensitive information — Restriction of competition ‘by object’ — Single and continuous infringement — Participation in the infringement and awareness, by a participant in some of the bilateral contacts, of the other bilateral contacts — Judicial review
Case C-422/18 PPU FR v Ministero dell'interno
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Article 99 of the Rules of Procedure of the Court — Area of freedom, security and justice — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Article 46 — Charter of Fundamental Rights of the European Union — Article 18, Article 19(2) and Article 47 — Right to an effective remedy — Decision rejecting an application for international protection — National legislation providing for a second level of jurisdiction — Automatic suspensory effect limited to the action at first instance
October 2018
Case C-207/16 Proceedings brought by Ministerio Fiscal
Reference for a preliminary ruling — Electronic communications — Processing of personal data — Directive 2002/58/EC — Articles 1 and 3 — Scope — Confidentiality of electronic communications — Protection — Article 5 and Article 15(1) — Charter of Fundamental Rights of the European Union — Articles 7 and 8 — Data processed in connection with the provision of electronic communications services — Access of national authorities to the data for the purposes of an investigation — Threshold of seriousness of an offence capable of justifying access to the data
Request for a preliminary ruling from the Audiencia Provincial de Tarragona
Language of the case: Spanish
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Opinion of Advocate General Saugmandsgaard Øe delivered on 3 May 2018
ECLI:EU:C:2018:300 |
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Judgment of the Court (Grand Chamber) of 2 October 2018
ECLI:EU:C:2018:788 |
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Case C-73/17 France v Parliament (Exercise of budgetary powers)
Action for annulment — Institutional law — Protocol on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union — European Parliament — Concept of ‘budget session’ held in Strasbourg (France) — Article 314 TFEU — Exercise of budgetary powers during an additional plenary part-session in Brussels (Belgium)
Language of the case: French
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Opinion of Advocate General Wathelet delivered on 5 June 2018
ECLI:EU:C:2018:386 |
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Judgment of the Court (Grand Chamber) of 2 October 2018
ECLI:EU:C:2018:787 |
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Case C-571/16 Kantarev v Balgarska Narodna Banka
Reference for a preliminary ruling — Deposit guarantee schemes — Directive 94/19/EC — Article 1(3)(i) — Article 10(1) — Definition of ‘unavailable deposit’ — Liability of a Member State for harm caused to individuals by breaches of EU law — Sufficiently serious breach of EU law — Procedural autonomy of the Member States — Principle of sincere cooperation — Article 4(3) TEU — Principles of equivalence and effectiveness
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
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Opinion of Advocate General Kokott delivered on 7 June 2018
ECLI:EU:C:2018:412 |
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Judgment of the Court (Fifth Chamber) of 4 October 2018
ECLI:EU:C:2018:807 |
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Case C-652/16 Ahmedbekova and Ahmedbekov v Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite
Reference for a preliminary ruling — Common policy on asylum and subsidiary protection — Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection — Directive 2011/95/EU — Articles 3, 4, 10 and 23 — Applications for international protection lodged separately by family members — Individual assessment — Taking into account threats in respect of a family member in carrying out the individual assessment of the application for international protection of another family member — More favourable standards capable of being retained or introduced by the Member States for the purpose of extending the refugee or subsidiary protection status of a beneficiary of international protection to family members — Assessment of the reasons for persecution — Involvement of an Azerbaijani national in bringing a complaint against her country before the European Court of Human Rights — Common procedural standards — Directive 2013/32/EU — Article 46 — Right to an effective remedy — Full and ex nunc examination — Reasons for persecution or evidence withheld from the determining authority but invoked in the course of an action against the decision taken by that authority
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
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Judgment of the Court (Second Chamber) of 4 October 2018
ECLI:EU:C:2018:801 |
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Case C-668/16 Commission v Germany
Failure of a Member State to fulfil obligations — Directive 2006/40/EC — Emissions from air-conditioning systems in motor vehicles — Article 5(4) and (5) — Directive 2007/46/EC — Approval of motor vehicles — Articles 12, 29, 30 and 46 — Vehicles not conforming to technical requirements — Responsibility of the national authorities
Language of the case: German
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Opinion of Advocate General Mengozzi delivered on 11 April 2018
ECLI:EU:C:2018:230 |
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Judgment of the Court (Second Chamber) of 4 October 2018
ECLI:EU:C:2018:802 |
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Case C-12/17 Ministerul Justiţiei and Tribunalul Botoşani v Dicu
Reference for a preliminary ruling — Social policy — Organisation of working time — Directive 2003/88/EC — Right to paid annual leave — Directive 2010/18/EU — Revised Framework Agreement on parental leave — Parental leave not regarded as a period of actual work
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
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Opinion of Advocate General Mengozzi delivered on 20 March 2018
ECLI:EU:C:2018:195 |
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Judgment of the Court (Grand Chamber) of 4 October 2018
ECLI:EU:C:2018:799 |
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Case C-56/17 Fathi v Predsedatel na Darzhavna agentsia za bezhantsite
Reference for a preliminary ruling — Area of freedom, security and justice — Borders, asylum and immigration — Regulation (EU) No 604/2013 — Article 3 — Determining the Member State responsible for examining an application for international protection made in one of the Member States by a third-country national — Examination of an application for international protection without an express decision on the determination of the Member State responsible for the examination — Directive 2011/95/EU — Articles 9 and 10 — Reasons for persecution based on religion — Evidence — Iranian legislation on apostasy — Directive 2013/32/EU — Article 46(3) — Effective remedy
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
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Opinion of Advocate General Mengozzi delivered on 25 July 2018
ECLI:EU:C:2018:621 |
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Judgment of the Court (Second Chamber) of 4 October 2018
ECLI:EU:C:2018:803 |
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Case C-105/17 Komisia za zashtita na potrebitelite v Kamenova
Reference for a preliminary ruling — Consumer protection — Directive 2005/29/EC — Article 2(b) and (d) — Directive 2011/83/EU — Article 2(2) — Concepts of ‘trader’ and ‘commercial practices’
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Szpunar delivered on 31 May 2018
ECLI:EU:C:2018:378 |
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Judgment of the Court (Fifth Chamber) of 4 October 2018
ECLI:EU:C:2018:808 |
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Case C-191/17 Bundeskammer für Arbeiter und Angestellte v ING-DiBa Direktbank Austria
Directive 2007/64/EC — Payment services in the internal market — Concept of ‘payment account’ — Potential inclusion of a savings account enabling its user to make payments and withdrawals by way of a current account opened in his name
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Tanchev delivered on 19 June 2018
ECLI:EU:C:2018:466 |
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Judgment of the Court (Fifth Chamber) of 4 October 2018
ECLI:EU:C:2018:809 |
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Case C-242/17 L.E.G.O. v GSE and Others
Reference for a preliminary ruling — Environment — Promotion of the use of energy from renewable sources — Bioliquids used for a thermal energy plant — Directive 2009/28/EC — Article 17 — Sustainability criteria for bioliquids — Article 18 — National sustainability certification systems — Implementing Decision 2011/438/EU — Voluntary sustainability certification systems for biofuels and bioliquids approved by the European Commission — National legislation requiring intermediary operators to submit sustainability certificates — Article 34 TFEU — Free movement of goods
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 16 May 2018
ECLI:EU:C:2018:318 |
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Judgment of the Court (Second Chamber) of 4 October 2018
ECLI:EU:C:2018:804 |
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Case C-337/17 Feniks v Azteca Products & Services
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EU) No 1215/2012 — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Special jurisdiction — Article 7(1)(a) — Concept of ‘matters relating to a contract’ — Actio pauliana
Request for a preliminary ruling from the Sąd Okręgowy w Szczecinie
Language of the case: Polish
| Summary |
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Opinion of Advocate General Bobek delivered on 21 June 2018
ECLI:EU:C:2018:487 |
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Judgment of the Court (Second Chamber) of 4 October 2018
ECLI:EU:C:2018:805 |
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Case C-379/17 Proceedings brought by Società Immobiliare Al Bosco
Reference for a preliminary ruling — Judicial co-operation in civil matters — Regulation (EC) No 44/2001 — Recognition and enforcement of decisions in civil and commercial matters — Time limit laid down in the law of the Member State addressed for enforcing a preventive attachment order — Applicability of that time limit to a preventive attachment instrument obtained in another Member State and declared enforceable in the Member State in which enforcement is sought
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 20 June 2018
ECLI:EU:C:2018:472 |
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Judgment of the Court (Second Chamber) of 4 October 2018
ECLI:EU:C:2018:806 |
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Case C-384/17 Link Logistik N&N v Budapest Rendőrfőkapitánya
Reference for a preliminary ruling — Approximation of laws — Road transport — Tax provisions — Directive 1999/62/EC — Charging of heavy goods vehicles for the use of certain infrastructures — Toll — Obligation of the Member States to establish effective, proportionate and dissuasive penalties — Flat-rate fine — Principle of proportionality — Direct applicability of the directive
Request for a preliminary ruling from the Szombathelyi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Bobek delivered on 26 June 2018
ECLI:EU:C:2018:494 |
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Judgment of the Court (Fifth Chamber) of 4 October 2018
ECLI:EU:C:2018:810 |
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Case C-416/17 Commission v France (Advance payment)
Failure of a Member State to fulfil obligations — Articles 49 and 63 TFEU and the third paragraph of Article 267 TFEU — Series of charges to tax — Difference in treatment according to the Member State of residence of the sub-subsidiary — Reimbursement of the advance payment of tax unduly paid — Requirements relating to the evidence establishing a right to such reimbursement — Capping of the right to reimbursement — Discrimination — National court adjudicating at last instance — Obligation to make a reference for a preliminary ruling
Language of the case: French
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Opinion of Advocate General Wathelet delivered on 25 July 2018
ECLI:EU:C:2018:626 |
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Judgment of the Court (Fifth Chamber) of 4 October 2018
ECLI:EU:C:2018:811 |
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Case C-478/17 IQ v JP
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction in matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 15 — Transfer to a court better placed to hear the case — Scope — Article 19 — Lis pendens
Request for a preliminary ruling from the Tribunalul Cluj
Language of the case: Romanian
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Opinion of Advocate General Wathelet delivered on 10 July 2018
ECLI:EU:C:2018:552 |
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Judgment of the Court (Fifth Chamber) of 4 October 2018
ECLI:EU:C:2018:812 |
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Case C-167/17 Klohn v An Bord Pleanála
Reference for a preliminary ruling — Environment — Assessment of the effects of certain projects on the environment — Right to challenge a development consent decision — Requirement for a procedure which is not prohibitively expensive — Concept — Temporal application — Direct effect — Effect on a national decision on the taxation of costs which has become final
Request for a preliminary ruling from the Supreme Court
Language of the case: English
| Summary |
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Opinion of Advocate General Bobek delivered on 5 June 2018
ECLI:EU:C:2018:387 |
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Judgment of the Court (First Chamber) of 17 October 2018
ECLI:EU:C:2018:833 |
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Case C-249/17 Ryanair v Revenue Commissioners
Reference for a preliminary ruling — Common system of value added tax (VAT) — Concept of taxable person — Holding company — Deduction of input tax — Expenditure for consultancy services received for the purpose of the acquisition of another company’s shares — Acquiring company’s intention to provide management services to the target company — Those services not provided — Right to deduct VAT charged on the services received
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
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Opinion of Advocate General Kokott delivered on 3 May 2018
ECLI:EU:C:2018:301 |
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Judgment of the Court (First Chamber) of 17 October 2018
ECLI:EU:C:2018:834 |
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Case C-425/17 Günter Hartmann Tabakvertrieb v Stadt Kempten
Reference for a preliminary ruling — Approximation of laws — Manufacture, presentation and sale of tobacco products — Directive 2014/40/EU — Ban on placing tobacco for oral use on the market — Definitions of ‘chewing tobacco’ and ‘tobacco for oral use’ — Paste composed of finely ground tobacco (Thunder Chewing Tobacco) and porous cellulose sachet portions filled with finely ground tobacco (Thunder Frosted Chewing Bags)
Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 17 October 2018
ECLI:EU:C:2018:830 |
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Case C-393/18 PPU UD v XB
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in civil matters — Regulation (EC) No 2201/2003 — Article 8(1) — Jurisdiction in matters of parental responsibility — Concept of ‘habitual residence of the child’ — Requirement of physical presence — Detention of the mother and child in a third country against the will of the mother — Infringement of the fundamental rights of the mother and child
Request for a preliminary ruling from the High Court of Justice (England & Wales), Family Division
Language of the case: English
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 20 September 2018
ECLI:EU:C:2018:749 |
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Judgment of the Court (First Chamber) of 17 October 2018
ECLI:EU:C:2018:835 |
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Case C-669/16 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Environment — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Article 4(1) — Annexes II and III — Designation of special areas of conservation (SACs) — Harbour porpoise
Language of the case: English
| Summary |
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Judgment of the Court (Sixth Chamber) of 18 October 2018
ECLI:EU:C:2018:844 |
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Case C-100/17 P Gul Ahmed Textile Mills v Council
Appeal — Dumping — Regulation (EC) No 397/2004 — Imports of cotton-type bed linen originating in Pakistan — Continuing interest in bringing proceedings
Language of the case: English
| Summary |
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Opinion of Advocate General Sharpston delivered on 22 March 2018
ECLI:EU:C:2018:214 |
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Judgment of the Court (Fourth Chamber) of 18 October 2018
ECLI:EU:C:2018:842 |
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Case C-145/17 P Internacional de Productos Metálicos v Commission
Appeal — Dumping — Imports of certain iron or steel fasteners originating in the People’s Republic of China or consigned from Malaysia — Infringement of the Anti-Dumping Agreement concluded in the World Trade Organisation (WTO) — Repeal of definitive anti-dumping duties already collected — Non-retroactive effect — Fourth paragraph of Article 263 TFEU — Person individually concerned — Regulatory act that does not entail implementing measures
Language of the case: Spanish
| Summary |
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Judgment of the Court (First Chamber) of 18 October 2018
ECLI:EU:C:2018:839 |
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Case C-149/17 Bastei Lübbe v Strotzer
Reference for a preliminary ruling — Copyright and related rights — Directive 2001/29/EC — Enforcement of intellectual property rights — Directive 2004/48/EC — Compensation in the event of file-sharing in breach of copyright — Internet connection accessible by members of the owner’s family — Exemption from liability of the owner without the need to specify the nature of the use of the connection by the family member — Charter of Fundamental Rights of the European Union — Article 7
Request for a preliminary ruling from the Landgericht München I
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 6 June 2018
ECLI:EU:C:2018:400 |
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Judgment of the Court (Third Chamber) of 18 October 2018
ECLI:EU:C:2018:841 |
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Case C-153/17 Commissioners for Her Majesty's Revenue and Customs v Volkswagen Financial Services (UK)
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Articles 168 and 173 — Deduction of input tax — Vehicle hire purchase transactions — Goods and services used for both taxable transactions and exempt transactions — Origin and scope of the right to deduct — Proportional deduction
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
| Summary |
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Opinion of Advocate General Szpunar delivered on 3 May 2018
ECLI:EU:C:2018:305 |
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Judgment of the Court (Sixth Chamber) of 18 October 2018
ECLI:EU:C:2018:845 |
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Case C-207/17 Rotho Blaas v Agenzia delle Dogane e dei Monopoli
Reference for a preliminary ruling — Common commercial policy — Definitive anti-dumping duty on imports of certain goods originating in the People’s Republic of China — Anti-dumping duty held to be incompatible with the General Agreement on Tariffs and Trade by the Dispute Settlement Body of the World Trade Organisation (WTO)
Request for a preliminary ruling from the Commissione tributaria di primo grado di Bolzano
Language of the case: Italian
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Judgment of the Court (First Chamber) of 18 October 2018
ECLI:EU:C:2018:840 |
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Case C-606/17 IBA Molecular Italy v Azienda ULSS n. 3 and Others
Reference for a preliminary ruling — Public supply contracts — Directive 2004/18/EC — Article 1(2)(a) — Contract awarded outside a public procurement procedure — Definition of ‘contracts for pecuniary interest’ — Definition of ‘public entity’
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Eighth Chamber) of 18 October 2018
ECLI:EU:C:2018:843 |
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Case C-662/17 E. G. v Slovenia
Reference for a preliminary ruling — Asylum policy — Directive 2013/32/EU — Article 46(2) — Appeal against a decision refusing to grant refugee status but granting subsidiary protection status — Admissibility — Lack of a sufficient interest where the subsidiary protection status granted by a Member State offers the same rights and benefits as those offered by the refugee status under Union and national law — Relevance of the applicant’s particular circumstances for the purposes of examining whether the rights and benefits are identical
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
| Summary |
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Judgment of the Court (Seventh Chamber) of 18 October 2018
ECLI:EU:C:2018:847 |
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Case C-621/18 Wightman and Others v Secretary of State for Exiting the European Union
Expedited procedure
Request for a preliminary ruling from the Court of Session, Inner House, First Division (Scotland)
Language of the case: English
| Summary |
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Order of the President of the Court of 19 October 2018
ECLI:EU:C:2018:851 |
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Case C-124/17 Vossloh Laeis v Stadtwerke München
Reference for a preliminary ruling — Directive 2014/24/EU — Article 57 — Directive 2014/25/EU — Article 80 — Public procurement — Procedure — Exclusion grounds — Maximum duration of the exclusion period — Obligation for the economic operator to collaborate with the contracting authority in order to demonstrate its reliability
Request for a preliminary ruling from the Vergabekammer Südbayern
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 16 May 2018
ECLI:EU:C:2018:316 |
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Judgment of the Court (Fourth Chamber) of 24 October 2018
ECLI:EU:C:2018:855 |
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Case C-234/17 XC and Others v Generalprokuratur
Reference for a preliminary ruling — Principles of EU law — Sincere cooperation — Procedural autonomy — Principles of equivalence and effectiveness — National legislation laying down a remedy allowing criminal proceedings to be reheard in the event of infringement of the European Convention for the Protection of Human Rights and Fundamental Freedoms — No obligation to extend that procedure to cases of alleged infringement of the fundamental rights enshrined in EU law
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 5 June 2018
ECLI:EU:C:2018:391 |
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Judgment of the Court (Grand Chamber) of 24 October 2018
ECLI:EU:C:2018:853 |
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Case C-595/17 Apple Sales International and Others v MJA
Reference for a preliminary ruling — Area of freedom, security and justice — Jurisdiction in civil and commercial matters — Regulation (EC) No 44/2001 — Article 23 — Jurisdiction clause in a distribution contract — Action for damages by the distributor based on the infringement of Article 102 TFEU by the supplier
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Wahl delivered on 5 July 2018
ECLI:EU:C:2018:541 |
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Judgment of the Court (Third Chamber) of 24 October 2018
ECLI:EU:C:2018:854 |
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Case C-602/17 Sauvage and Lejeune v État belge
Reference for a preliminary ruling — Freedom of movement for workers — Income received in a Member State other than the Member State of residence — Bilateral convention for the avoidance of double taxation — Allocation of powers of taxation — Member State of residence’s power to tax — Connecting factors
Request for a preliminary ruling from the Tribunal de première instance de Liège
Language of the case: French
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Judgment of the Court (Sixth Chamber) of 24 October 2018
ECLI:EU:C:2018:856 |
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Case C-260/17 Anodiki Services EPE v O Evangelismos and Geniko Ogkologiko Nosokomeio Kifisias
Reference for a preliminary ruling — Public procurement — Directive 2014/24/EU — Article 10(g) — Exclusions from its scope — Employment contracts — Definition — Decisions of public hospitals to conclude fixed-term labour contracts for the purposes of catering, the provision of meals and cleaning — Directive 89/665/EEC — Article 1 — Right to an effective remedy
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
| Summary |
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Judgment of the Court (Ninth Chamber) of 25 October 2018
ECLI:EU:C:2018:864 |
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Case C-331/17 Sciotto v Fondazione Teatro dell'Opera di Roma
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 5 — Measures to prevent the misuse of successive fixed-term employment contracts or relationships — National legislation excluding the application of those measures in the sector of activity of operatic and orchestral foundations
Request for a preliminary ruling from the Corte d'appello di Roma
Language of the case: Italian
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Judgment of the Court (Tenth Chamber) of 25 October 2018
ECLI:EU:C:2018:859 |
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Case C-413/17 Proceedings brought by Roche Lietuva
Reference for a preliminary ruling — Public supply contract for medical diagnostic equipment and materials — Directive 2014/24/EU — Article 42 — Award — Margin of appreciation of the contracting authority — Detailed formulation of the technical specifications
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
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Judgment of the Court (Ninth Chamber) of 25 October 2018
ECLI:EU:C:2018:865 |
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Case C-451/17 Walltopia v Direktor na Teritorialna direktsia na Natsionalnata agentsia za prihodite
Reference for a preliminary ruling — Social security — Regulation (EC) No 883/2004 — Article 12(1) — Regulation (EC) No 987/2009 — Article 14(1) — Posted workers — Legislation applicable — A1 certificate — Whether the employee is subject to the legislation of the Member State in which his employer is established — Conditions
Request for a preliminary ruling from the Administrativen sad Veliko Tarnovo
Language of the case: Bulgarian
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Judgment of the Court (Sixth Chamber) of 25 October 2018
ECLI:EU:C:2018:861 |
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Case C-462/17 Tänzer & Trasper v Altenweddinger Geflügelhof
Reference for a preliminary ruling — Approximation of laws — Regulation (EC) No 110/2008 — Spirit drinks — Definition, description, presentation, labelling and the protection of geographical indications — Category 41 of Annex II — Egg liqueur — Definition — Exhaustive nature of the permissible components
Request for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
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Judgment of the Court (Ninth Chamber) of 25 October 2018
ECLI:EU:C:2018:866 |
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Case C-527/17 Proceedings brought by Boston Scientific
Reference for a preliminary ruling — Intellectual and industrial property — Supplementary protection certificate for medicinal products — Regulation (EC) No 469/2009 — Scope — Medical device incorporating as an integral part a substance which, used separately, may be considered to be a medicinal product — Directive 93/42/EEC — Article 1(4) — Concept of ‘administrative authorisation procedure’
Request for a preliminary ruling from the Bundespatentgericht
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber) of 25 October 2018
ECLI:EU:C:2018:867 |
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Case C-528/17 Božičevič Ježovnik v Republika Slovenija
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 143(1)(d) — Exemption from import VAT — Importation followed by an intra-Community supply — Risk of tax evasion — Good faith of the taxable importer and supplier — Assessment — Duty of care of the taxable importer and supplier
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
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Judgment of the Court (Ninth Chamber) of 25 October 2018
ECLI:EU:C:2018:868 |
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Information (on unpublished decisions)
Case C-411/18 P Romantik Hotels & Restaurants v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — Word mark ROMANTIK — Declaration of invalidity
Case C-599/17 Commission v Spain
Failure of a Member State to fulfil obligations — Implementing Directive (EU) 2015/2392 — Reporting to competent authorities of actual or potential infringements of the market abuse regulation — Failure to communicate or failure to transpose within the prescribed period
Case C-45/18 P Staelen v European Ombudsman
Appeal — Application for revision — Admissibility criteria
Case C-326/18 P Safe Skies v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Regulation (EC) No 207/2009 — Article 52(1)(a) — Invalidity proceedings — Word mark TSA LOCK — Rejection of the application for a declaration of invalidity — Relevant date for the examination of an absolute ground for nullity — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-300/18 P UF v Parliament and Council
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Order of the Court (Tenth Chamber) of 11 October 2018 ECLI:EU:C:2018:828 |
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Case C-503/17 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Directive 95/60/EC — Fiscal marking of gas oils and kerosene — Refuelling of private pleasure craft
Case C-504/17 Commission v Ireland
Failure of a Member State to fulfil obligations — Taxation of energy products and electricity — Directive 2003/96/EC — Articles 4 and 7 — Application of the minimum levels of taxation applicable to motor fuels — Directive 95/60/EC — Fiscal marking of gas oils and kerosene — Refuelling of private pleasure craft
Case C-353/18 Beny Alex v OUAI
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Public works contracts, public supply contracts and public service contracts — Directive 2014/24/EU — Article 2 — Scope — Concept of ‘contracting authority’ — Private entity in the form of an organisation which makes land improvements and which benefits from non-reimbursable public financing — Article 4 — Threshold amount for public contracts — Contracts which may have some cross-border interest — Request manifestly inadmissible
Case C-301/17 Commission v Romania
Failure of a Member State to fulfil obligations — 2005 Act of Accession — Obligations of the accession States — Environment — Directive 1999/31/EC — Article 14(b) — Operation of landfill sites — Closure of sites which have not been granted a permit to operate a landfill — Closure and after-care procedures
Case C-696/17 P Alex v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Financing of an urban development project — Rejection of a complaint — Action for annulment — Individual concern — Locus standi
Case C-602/18 P Star Television Productions v EUIPO
Appeal — Article 181 Rules of Procedure of the Court of Justice — Language of procedure — Manifest inadmissibility
Case C-296/18 Conseil départemental de l’ordre des chirurgiens-dentistes de la Haute-Garonne v RG
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Directive 2000/31/EC — Information society service — Online advertising — Regulated profession — Dental surgeon — National legislation prohibiting all online advertising
Case C-426/17 Barba Giménez v Carrión Lozano
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Charter of Fundamental Rights of the European Union — Article 47 — Beneficiary of legal aid — Remuneration of legal aid lawyers — Fee scale set by order of the Bar Council — No prior information on fees provided by the lawyer to her client — Complaint as to fees — Examination as to whether terms and practices are unfair — Main dispute — Referral to a competent body — No referral to the referring court — Answers to the questions referred for a preliminary ruling — Utility — None — Manifest inadmissibility
Case C-433/17 P Enercon v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) — Invalidity proceedings — Article 53 — EU colour mark consisting of blended shades of green — Partial declaration of invalidity — Remittal of the case to the Cancellation Division
November 2018
Joined Cases C-569/16 and C-570/16 Stadt Wuppertal v Maria Elisabeth Bauer and Volker Willmeroth v Martina Broßonn
Reference for a preliminary ruling — Social policy — Organisation of working time — Directive 2003/88/EC — Article 7 — Right to paid annual leave — Employment relationship terminated by the death of the worker — National legislation preventing the payment of an allowance to the legal heirs of a worker in lieu of paid annual leave not taken by him — Obligation to interpret national law in conformity with EU law — Charter of Fundamental Rights of the European Union — Article 31(2) — Whether it may be relied upon in a dispute between individuals
Rquests for a preliminary ruling from Bundesarbeitsgericht
Language of the case: German
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Opinion of Advocate General Bot delivered on 29 May 2018
ECLI:EU:C:2018:337 |
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Judgment of the Court (Grand Chamber) of 6 November 2018
ECLI:EU:C:2018:871 |
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Case C-619/16 Kreuziger v Land Berlin
Reference for a preliminary ruling — Social policy — Organisation of working time — Directive 2003/88/EC — Article 7 — Right to paid annual leave — National legislation providing for the loss of annual leave not taken and of the payment in lieu thereof, where the worker did not submit a request for leave before the termination of the employment relationship
Request for a preliminary ruling from the Oberverwaltungsgericht Berlin-Brandenburg
Language of the case: German
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Opinion of Advocate General Bot delivered on 29 May 2018
ECLI:EU:C:2018:339 |
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Judgment of the Court (Grand Chamber) of 6 November 2018
ECLI:EU:C:2018:872 |
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Joined Cases C-622/16 P to C-624/16 P Scuola Elementare Maria Montessori v Commission, Commission v Scuola Elementare Maria Montessori and Commission v Ferracci
Appeal — State aid — Decision declaring the recovery of State aid incompatible with the internal market to be impossible — Decision finding that there is no State aid — Actions for annulment brought by competitors of beneficiaries of State aid — Admissibility — Regulatory act not entailing implementing measures — Direct concern — Concept of ‘absolute impossibility’ of recovery of State aid incompatible with the internal market — Concept of ‘State aid’ — Concepts of ‘undertaking’ and ‘economic activity’
Language of the case: Italian
| Summary |
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Opinion of Advocate General Wathelet delivered on 11 April 2018
ECLI:EU:C:2018:229 |
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Judgment of the Court (Grand Chamber) of 6 November 2018
ECLI:EU:C:2018:873 |
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Case C-684/16 Max-Planck-Gesellschaft zur Förderung der Wissenschaften v Shimizu
Reference for a preliminary ruling — Social policy — Organisation of working time — Directive 2003/88/EC — Article 7 — Right to paid annual leave — National legislation providing for the loss of annual leave not taken and of the allowance in lieu thereof where an application for leave has not been made by the worker prior to the termination of the employment relationship — Directive 2003/88/EC — Article 7 — Obligation to interpret national law in conformity with EU law — Charter of Fundamental Rights of the European Union — Article 31(2) — Whether it may be relied upon in a dispute between individuals
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Opinion of Advocate General Bot delivered on 29 May 2018
ECLI:EU:C:2018:338 |
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Judgment of the Court (Grand Chamber) of 6 November 2018
ECLI:EU:C:2018:874 |
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Case C-171/17 Commission v Hungary
Failure of a Member State to fulfil obligations — Directive 2006/123/EC — Articles 15 to 17 — Article 49 TFEU — Freedom of establishment — Article 56 TFEU — Freedom to provide services — National mobile payment system — Monopoly
Language of the case: Hungarian
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Opinion of Advocate General Bot delivered on 14 June 2018
ECLI:EU:C:2018:439 |
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Judgment of the Court (Fourth Chamber) of 7 November 2018
ECLI:EU:C:2018:881 |
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Case C-257/17 C and A v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Jurisdiction of the Court — Directive 2003/86/EC — Right to family reunification — Article 15 — Refusal to grant an autonomous residence permit — National legislation providing for a requirement to pass a civic integration examination
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Judgment of the Court (Third Chamber) of 7 November 2018
ECLI:EU:C:2018:876 |
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Joined Cases C-293/17 and C-294/17 Coöperatie Mobilisation for the Environment and Vereniging Leefmilieu v College van gedeputeerde staten van Limburg and College van gedeputeerde staten van Gelderland
Reference for a preliminary ruling — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Special areas of conservation — Article 6 — Appropriate assessment of the implications of a plan or project for a site — National programmatic approach to tackling nitrogen deposition — Concepts of ‘project’ and ‘appropriate assessment’ — Overall assessment prior to individual authorisations for farms which cause nitrogen deposition
Requests for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 25 July 2018
ECLI:EU:C:2018:622 |
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Judgment of the Court (Second Chamber) of 7 November 2018
ECLI:EU:C:2018:882 |
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Case C-380/17 K and B v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Jurisdiction of the Court — Directive 2003/86/EC — Right to family reunification — Article 12 — Failure to comply with the time limit of three months following the grant of international protection — Beneficiary of subsidiary protection status — Rejection of an application for a visa
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Opinion of Advocate General Mengozzi delivered on 27 June 2018
ECLI:EU:C:2018:504 |
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Judgment of the Court (Third Chamber) of 7 November 2018
ECLI:EU:C:2018:877 |
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Case C-432/17 O'Brien v Ministry of Justice
Reference for a preliminary ruling — Social policy — Directive 97/81/EC — Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Clause 4 — Principle of non-discrimination — Part-time workers — Retirement pension — Calculation of the amount of the pension — Account taken of years of service completed before expiry of the period for transposition of Directive 97/81/EC — Immediate application to the future effects of a situation which arose under the old law
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
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Judgment of the Court (First Chamber) of 7 November 2018
ECLI:EU:C:2018:879 |
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Case C-461/17 Holohan and Others v An Bord Pleanála
Reference for a preliminary ruling — Environment — Directive 92/43/EEC — Conservation of natural habitats — Conservation of wild fauna and flora — Road construction project — Appropriate assessment of effects on the environment — Extent of the obligation to state reasons — Directive 2011/92/EU — Assessment of the implications of certain projects — Annex IV, Point 3 — Article 5(3)(d) — Meaning of the concept of ‘main alternatives’
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 7 August 2018
ECLI:EU:C:2018:649 |
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Judgment of the Court (Second Chamber) of 7 November 2018
ECLI:EU:C:2018:883 |
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Case C-484/17 K v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Directive 2003/86/EC — Right to family reunification — Article 15 — Refusal to grant an autonomous residence permit — National legislation providing for a requirement to pass a civic integration
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Judgment of the Court (Third Chamber) of 7 November 2018
ECLI:EU:C:2018:878 |
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Case C-544/17 P BPC Lux 2 and Others v Commission
Appeal — State aid — Action for annulment — Admissibility — Aid granted by the Portuguese authorities for the resolution of the financial institution Banco Espírito Santo SA — Creation and capitalisation of a Bridge Bank — Decision of the European Commission declaring the aid compatible with the internal market — Interest in bringing proceedings — Action before the national courts seeking annulment of the decision to put Banco Espírito Santo into resolution
Language of the case: English
| Summary |
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Judgment of the Court (First Chamber) of 7 November 2018
ECLI:EU:C:2018:880 |
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Case C-495/17 Cartrans Spedition v Direcţia Generală Regională a Finanţelor Publice Ploieşti and Direcţia Regională a Finanţelor Publice Bucureşti
Request for a preliminary ruling from the Tribunalul Prahova
Language of the case: Romanian
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Opinion of Advocate General Sharpston delivered on 12 July 2018
ECLI:EU:C:2018:573 |
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Judgment of the Court (Seventh Chamber) of 8 November 2018
ECLI:EU:C:2018:887 |
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Case C-502/17 C&D Foods Acquisition v Skatteministeriet
Reference for a preliminary ruling — Common system of value added tax (VAT) — Proposed sale of shares in a sub-subsidiary — Expenditure associated with the provision of services acquired for the purposes of that sale — Sale not carried out — Request for a deduction of input tax — Scope of VAT
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
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Opinion of Advocate General Kokott delivered on 6 September 2018
ECLI:EU:C:2018:676 |
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Judgment of the Court (Sixth Chamber) of 8 November 2018
ECLI:EU:C:2018:888 |
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Case C-33/17 Čepelnik v Vavti
Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Restrictions — Services in the internal market — Directive 2006/123/EC — Labour law — Posting of workers in order to carry out construction works — Reporting of workers — Retention and translation of payslips — Suspension of payments — Payment of a security by the recipient of the services — Surety for a possible fine to be imposed on the service provider
Request for a preliminary ruling from the Okrajno Sodišče Pliberk
Language of the case: Slovene
| Summary |
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Opinion of Advocate General Wahl delivered on 8 May 2018
ECLI:EU:C:2018:311 |
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Judgment of the Court (Grand Chamber) of 13 November 2018
ECLI:EU:C:2018:896 |
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Joined Cases C-47/17 and C-48/17 X and X v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Regulation (EU) No 604/2013 — Regulation (EC) No 1560/2003 — Determination of the Member State responsible for examining an application for international protection — Criteria and mechanisms for determination — Request to take charge of or take back an asylum seeker — Negative reply from the requested Member State — Re‑examination request — Article 5(2) of Regulation No 1560/2003 — Time limit for replying — Expiry — Effects)
Requests for a preliminary ruling from the Rechtbank Den Haag zittingsplaats Haarlem
Language of the case: Dutch
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Opinion of Advocate General Wathelet delivered on 22 March 2018
ECLI:EU:C:2018:212 |
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Judgment of the Court (Grand Chamber) of 13 November 2018
ECLI:EU:C:2018:900 |
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Case C-247/17 Raugevicius
Reference for a preliminary ruling — European Union Citizenship — Articles 18 and 21 TFEU — Request to a Member State by a third country seeking extradition of an EU citizen who is a national of another Member State and who has exercised his right to free movement in the first Member State — Request made for the purpose of enforcing a custodial sentence and not for the purpose of prosecution — Prohibition on extradition applied only to own nationals — Restriction on free movement — Justification based on the prevention of impunity — Proportionality
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Bot delivered on 25 July 2018
ECLI:EU:C:2018:616 |
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Judgment of the Court (Grand Chamber) of 13 November 2018
ECLI:EU:C:2018:898 |
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Case C-310/17 Levola Hengelo v Smilde Foods
Reference for a preliminary ruling — Intellectual property — Harmonisation of certain aspects of copyright and related rights in the information society — Directive 2001/29/EC — Scope — Article 2 — Reproduction rights — Concept of ‘work’ — Taste of a food product
Request for a preliminary ruling from the Gerechtshof Arnhem-Leeuwarden
Language of the case: Dutch
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Opinion of Advocate General Wathelet delivered on 25 July 2018
ECLI:EU:C:2018:618 |
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Judgment of the Court (Grand Chamber) of 13 November 2018
ECLI:EU:C:2018:899 |
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Case C-18/17 Danieli & C. Officine Meccaniche and Others v Regionale Geschäftsstelle Leoben des Arbeitsmarktservice
Reference for a preliminary ruling — Accession of new Member States — Republic of Croatia — Transitional measures — Freedom to provide services — Directive 96/71/EC — Posting of workers — Posting of Croatian and third-country nationals to Austria through the intermediary of an undertaking established in Italy
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 26 April 2018
ECLI:EU:C:2018:288 |
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Judgment of the Court (Third Chamber) of 14 November 2018
ECLI:EU:C:2018:904 |
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Case C-93/17 Commission v Greece
Failure of a Member State to fulfil obligations — State aid — Aid declared unlawful and incompatible with the internal market — Recovery requirement — Judgment of the Court establishing a failure to fulfil its obligations — Undertaking which engages in both civil and military activities — Non-implementation — Essential interests of the security of a Member State — Article 346(1)(b) TFEU — Financial penalties — Periodic penalty payment — Lump sum — Ability to pay — ‘N’ Factor — Factors which are the basis for the assessment of the ability to pay — Gross domestic product — Weighting of votes of the Member State in the Council of the European Union — New voting rules in the Council
Language of the case: Greek
| Summary |
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Opinion of Advocate General Wathelet delivered on 16 May 2018
ECLI:EU:C:2018:315 |
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Judgment of the Court (First Chamber) of 14 November 2018
ECLI:EU:C:2018:903 |
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Case C-215/17 NKBM v Republika Slovenija
Reference for a preliminary ruling — Approximation of laws — Re-use of public sector information — Directive 2003/98/EC — Article 1(2)(c), third indent — Prudential requirements for credit institutions and investment firms — Regulation (EU) No 575/2013 — Information to be published by credit institutions and investment firms — Article 432(2) — Exceptions to public disclosure requirements — Information considered commercially sensitive or confidential — Applicability — Credit institutions predominantly owned by the State — National legislation laying down the public nature of certain commercial information held by those institutions
Request for a preliminary ruling from the Vrhovno sodišče
Language of the case: Slovene
| Summary |
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Opinion of Advocate General Bobek delivered on 5 September 2018
ECLI:EU:C:2018:664 |
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Judgment of the Court (Fourth Chamber) of 14 November 2018
ECLI:EU:C:2018:901 |
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Case C-238/17 Renerga v Energijos skirstymo operatorius and Lietuvos energijos gamyba
Reference for a preliminary ruling — Directive 2009/72/EC — Article 3(2), (6) and (15) and Article 36(f) — Internal market in electricity — Hypothetical nature of the questions referred for a preliminary ruling — Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Vilniaus miesto apylinkės teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Szpunar delivered on 12 July 2018
ECLI:EU:C:2018:571 |
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Judgment of the Court (Third Chamber) of 14 November 2018
ECLI:EU:C:2018:905 |
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Case C-296/17 Wiemer & Trachte v Tadzher
Reference for a preliminary ruling — Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 3(1) — International jurisdiction — Action to set a transaction aside — Exclusive jurisdiction of the courts of the Member State within the territory of which insolvency proceedings have been opened
Request for a preliminary ruling from the Varhoven kasatsionen sad
Language of the case: Bulgarian
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Opinion of Advocate General Wahl delivered on 28 June 2018
ECLI:EU:C:2018:515 |
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Judgment of the Court (Fourth Chamber) of 14 November 2018
ECLI:EU:C:2018:902 |
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Case C-342/17 Memoria and Dall'Antonia v Comune di Padova
Reference for a preliminary ruling — Restrictions on freedom of establishment — Jurisdiction of the Court — Admissibility of the request for a preliminary ruling — Purely domestic situation — National legislation prohibiting any profit-making activity relating to the safekeeping of cinerary urns — Proportionality test — Coherence of national rules
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Veneto
Language of the case: Italian
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Judgment of the Court (Third Chamber) of 14 November 2018
ECLI:EU:C:2018:906 |
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Case C-308/17 Hellenische Republik v Kuhn
Reference for a preliminary ruling — Regulation (EU) No 1215/2012 — Jurisdiction in civil and commercial matters — Scope — Article 1(1) — Concept of ‘civil and commercial matters’ — Bonds issued by a Member State — Involvement of the private sector in the restructuring of public debt of that State — Unilateral and retroactive adjustment of the borrowing terms — Collective action clauses — Action brought against the State by private creditors who hold those bonds as natural persons — Liability of the State for acts and omissions in the exercise of State authority
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 4 July 2018
ECLI:EU:C:2018:528 |
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Judgment of the Court (First Chamber) of 15 November 2018
ECLI:EU:C:2018:911 |
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Case C-330/17 Verbraucherzentrale Baden-Württemberg v Germanwings
Reference for a preliminary ruling — Regulation (EC) No 1008/2008 — Article 2(18) — Article 23(1) — Transport — Common rules for the operation of air services in the European Union — Information — Indication of the final price to be paid — Inclusion of the air fare in the final price to be paid — Obligation to indicate air fares in euros or local currency — Choice of the relevant local currency — Connecting factors
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Saugmandsgaard Øe delivered on 28 June 2018
ECLI:EU:C:2018:516 |
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Judgment of the Court (Fifth Chamber) of 15 November 2018
ECLI:EU:C:2018:916 |
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Case C-457/17 Maniero v Studienstiftung des deutschen Volkes
Reference for a preliminary ruling — Equal treatment between persons irrespective of racial or ethnic origin — Directive 2000/43/EC — Article 3(1)(g) — Scope — Concept of ‘education’ — The award by a private foundation of scholarships aimed at promoting projects for research and studies abroad — Article 2(2)(b) — Indirect discrimination — Award of scholarships conditional on applicants having first passed the First State Law Examination (Erste Juristische Staatsprüfung)
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 11 September 2018
ECLI:EU:C:2018:697 |
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Judgment of the Court (First Chamber) of 15 November 2018
ECLI:EU:C:2018:912 |
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Case C-592/17 Skatteministeriet v Baby Dan
Reference for a preliminary ruling — Common Customs Tariff — Combined Nomenclature — Tariff classification — Headings and subheadings 4421, 7326, 7318 15 90, 7318 19 00 and 9403 90 10 — Article specially designed to mount child safety gates — Dumping — Validity of Regulation (EC) No 91/2009 — Imports of certain iron or steel fasteners originating in China — World Trade Organisation (WTO) Anti-Dumping Agreement — Regulation (EC) No 384/96 — Article 3(2) and Article 4(1) — Definition of Community industry
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
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Judgment of the Court (Ninth Chamber) of 15 November 2018
ECLI:EU:C:2018:913 |
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Case C-648/17 BTA Baltic Insurance Company v Baltijas Apdrošināšanas Nams
Reference for a preliminary ruling — Compulsory insurance against civil liability in respect of the use of motor vehicles — Directive 72/166/EEC — Article 3(1) — Concept of ‘use of vehicles’ — Accident involving two vehicles parked in a car park — Material damage to a vehicle caused by a passenger from a neighbouring vehicle opening the vehicle door
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
| Summary |
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Judgment of the Court (Sixth Chamber) of 15 November 2018
ECLI:EU:C:2018:917 |
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Case C-619/18 Commission v Poland
Expedited procedure
Language of the case: Polish
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Order of the President of the Court of 15 November 2018
ECLI:EU:C:2018:910 |
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Joined Cases C-626/15 and C-659/16 Commission v Council (Antarctic MPAs)
Actions for annulment — Decision of the Permanent Representatives Committee (Coreper) — Decision approving the submission of a reflection paper to an international body — Admissibility — Challengeable act — Exclusive, shared or complementary competence of the European Union — Action of the European Union alone in an international body or participation of the Member States alongside it — Conservation of marine biological resources — Fisheries — Protection of the environment — Research — Marine protected areas (MPAs) — Antarctic Treaty — Convention on the Conservation of Antarctic Marine Living Resources — Weddell Sea and Ross Sea
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 31 May 2018
ECLI:EU:C:2018:362 |
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Judgment of the Court (Grand Chamber) of 20 November 2018
ECLI:EU:C:2018:925 |
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Case C-147/17 Sindicatul Familia Constanţa and Others v Direcţia Generală de Asistenţă Socială şi Protecţia Copilului Constanţa
Reference for a preliminary ruling — Protection of the safety and health of workers — Organisation of working time — Charter of Fundamental Rights of the European Union — Article 31 — Directive 2003/88/EC — Scope — Derogation — Article 1(3) — Directive 89/391/EEC — Article 2(2) — Work performed by foster parents
Request for a preliminary ruling from the Curtea de Apel Constanţa
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Wahl delivered on 28 June 2018
ECLI:EU:C:2018:518 |
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Judgment of the Court (Grand Chamber) of 20 November 2018
ECLI:EU:C:2018:926 |
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Case C-648/16 Fontana v Agenzia delle Entrate - Direzione provinciale di Reggio Calabria
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 273 — Tax adjustment — Method of calculating the taxable amount by extrapolation — Right to deduct VAT — Presumption — Principles of neutrality and proportionality — National law basing the calculation of VAT on presumed turnover
Request for a preliminary ruling from the Commissione Tributaria Provinciale di Reggio Calabria
Language of the case: Italian
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Opinion of Advocate General Wahl delivered on 22 March 2018
ECLI:EU:C:2018:213 |
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Judgment of the Court (Fourth Chamber) of 21 November 2018
ECLI:EU:C:2018:932 |
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Case C-664/16 Vădan v Agenţia Naţională de Administrare Fiscală – Direcţia Generală de Soluţionare a Contestaţiilor and Direcţia Generală Regională a Finanţelor Publice Braşov - Administraţia Judeţeană a Finanţelor Publice Alba
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Articles 167, 168, 178 and 273 — Scope of the right of deduction — Absence of invoices — Recourse to a court-commissioned expert report — Burden of proof of the right of deduction — Principles of fiscal neutrality and proportionality
Request for a preliminary ruling from the Curtea de Apel Alba Iulia
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Tanchev delivered on 30 May 2018
ECLI:EU:C:2018:346 |
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Judgment of the Court (Fourth Chamber) of 21 November 2018
ECLI:EU:C:2018:933 |
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Case C-29/17 Novartis Farma v AIFA and Others
Reference for a preliminary ruling — Medicinal products for human use — Directive 2001/83/EC — Article 3(1) — Article 6 — Directive 89/105/EEC — Regulation (EC) No 726/2004 — Articles 3, 25 and 26 — Repackaging of a medicinal product for use as a treatment not covered by its marketing authorisation (off-label use) — Reimbursement by the national healthcare insurance system
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 25 July 2018
ECLI:EU:C:2018:619 |
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Judgment of the Court (First Chamber) of 21 November 2018
ECLI:EU:C:2018:931 |
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Case C-245/17 Viejobueno Ibáñez and de la Vara González v Consejería de Educación de Castilla-La Mancha
Reference for a preliminary ruling — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — National legislation which permits the termination of fixed-term employment contracts where the reason for recruitment ceases to apply — Teachers employed for the academic year — Termination of the employment relationship at the end of the teaching period — Organisation of working time — Directive 2003/88/EC
Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha
Language of the case: Spanish
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Opinion of Advocate General Kokott delivered on 31 May 2018
ECLI:EU:C:2018:365 |
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Judgment of the Court (First Chamber) of 21 November 2018
ECLI:EU:C:2018:934 |
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Case C-452/17 Zako v Sanidel
Reference for a preliminary ruling — Self-employed commercial agents — Directive 86/653/EEC — Article 1(2) — Definition of ‘commercial agent’ — Self-employed intermediary performing his activities from the principal’s business premises — Performance of tasks other than those related to the negotiation of sales or the purchase of goods for the principal
Request for a preliminary ruling from the Tribunal de commerce de Liège
Language of the case: French
| Summary |
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Opinion of Advocate General Szpunar delivered on 25 July 2018
ECLI:EU:C:2018:625 |
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Judgment of the Court (Fourth Chamber) of 21 November 2018
ECLI:EU:C:2018:935 |
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Case C-619/17 Ministerio de Defensa v de Diego Porras
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Justification — Clause 5 — Measures to prevent abuse arising from the use of successive fixed-term employment contracts or relationships — Compensation in the event of the termination of a permanent employment contract on an objective ground — No compensation on expiry of a fixed-term temporary replacement employment contract
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Judgment of the Court (Sixth Chamber) of 21 November 2018
ECLI:EU:C:2018:936 |
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Case C-713/17 Ayubi v Bezirkshauptmannschaft Linz-Land
Reference for a preliminary ruling — Directive 2011/95/EU — Rules relating to the content of international protection — Refugee status — Article 29 — Social protection — Different treatment — Refuges with temporary right of residence
Request for a preliminary ruling from the Landesverwaltungsgericht Oberösterreich
Language of the case: German
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Judgment of the Court (Third Chamber) of 21 November 2018
ECLI:EU:C:2018:929 |
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Case C-151/17 Swedish Match v Secretary of State for Health
Reference for a preliminary ruling — Approximation of laws — Manufacture, presentation and sale of tobacco products — Directive 2014/40/EU — Article 1(c) and Article 17 — Prohibition on the placing on the market of tobacco products for oral use — Validity)
Request for a preliminary ruling from the High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)
Language of the case: English
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Opinion of Advocate General Saugmandsgaard Øe delivered on 12 April 2018
ECLI:EU:C:2018:241 |
|
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Judgment of the Court (First Chamber) of 22 November 2018
ECLI:EU:C:2018:938 |
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Case C-295/17 MEO – Serviços de Comunicações e Multimédia v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Scope — Taxable transactions — Supply for consideration — Distinction between non-taxable damages and interest and the taxable supply of services provided in return for ‘compensation’
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Kokott delivered on 7 June 2018
ECLI:EU:C:2018:413 |
|
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Judgment of the Court (Fifth Chamber) of 22 November 2018
ECLI:EU:C:2018:942 |
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Case C-575/17 Sofina and Others v Ministre de l'Action et des Comptes publics
Reference for a preliminary ruling — Free movement of capital — Withholding tax on the gross amount of nationally sourced dividends paid to non-resident companies — Deferral of taxation of dividends paid to a resident company in the event of a loss-making year — Difference in treatment — Justification — Comparability — Balanced distribution of the powers of taxation between the Member States — Effective collection of tax — Proportionality — Discrimination
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Wathelet delivered on 7 August 2018
ECLI:EU:C:2018:650 |
|
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Judgment of the Court (Fifth Chamber) of 22 November 2018
ECLI:EU:C:2018:943 |
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Case C-625/17 Vorarlberger Landes- und Hypothekenbank v Finanzamt Feldkirch
Reference for a preliminary ruling — Articles 56 and 63 TFEU — Freedom to provide services and free movement of capital — Credit institutions — Stability charge and the special contribution for that charge determined according to the unconsolidated balance sheet total of credit institutions established in Austria — Inclusion of cross-border banking transactions — Exclusion of subsidiaries’ transactions in another Member State — Difference in treatment — Restriction — Justification
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber) of 22 November 2018
ECLI:EU:C:2018:939 |
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Case C-627/17 ZSE Energia v RG
Reference for a preliminary ruling — Regulation (EC) No 861/2007 — European Small Claims Procedure — Articles 2(1) and 3(1) — Scope — Concept of ‘parties’ — Cross-border disputes
Request for a preliminary ruling from the Okresný súd Dunajská Streda
Language of the case: Slovak
| Summary |
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Judgment of the Court (Tenth Chamber) of 22 November 2018
ECLI:EU:C:2018:941 |
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Case C-679/17 Vlaamse Gewest v Huijbrechts
Reference for a preliminary ruling — Free movement of capital — Restrictions — Tax legislation — Inheritance tax — Sustainably managed woodland — Exemption — Protection of wooded areas
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
| Summary |
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Judgment of the Court (First Chamber) of 22 November 2018
ECLI:EU:C:2018:940 |
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Cases C-315/18 P(R) and C-315/18 P(R)-R Valencia Club de Fútbol v Commission
Appeal — Order of the court hearing the application for interim measures — State aid — Aid granted by the Spanish authorities to certain football clubs — Guarantee given by a public body in connection with loans to three football clubs in the Autonomous Community of Valencia — Decision declaring the aid to be incompatible with the internal market — Order for recovery — Suspension of operation of a measure — Urgency — Statement of reasons — Effective judicial protection
Language of the case: Spanish
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Order of the Judge hearing the application for interim measures of 22 November 2018
ECLI:EU:C:2018:951 |
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Cases C-334/18 P(R) and C-334/18 P(R)-R Hércules Club de Fútbol v Commission
Appeal — Order of the court hearing the application for interim measures — State aid — Aid granted by the Spanish authorities to certain football clubs — Guarantee given by a public body in connection with loans to three football clubs in the Autonomous Community of Valencia — Decision declaring the aid to be incompatible with the internal market — Order for recovery — Suspension of operation of a measure — Urgency — Statement of reasons — Rights of the defence
Language of the case: Spanish
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Order of the Judge hearing the application for interim measures of 22 November 2018
ECLI:EU:C:2018:952 |
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Joined Cases C-262/17, C-263/17 and C-273/17 Solvay Chimica Italia and Others v Autorità per l'energia elettrica, il gas e il sistema idrico
Reference for a preliminary ruling — Internal market in electricity — Directive 2009/72/EC — Distribution systems — Article 28 — Closed distribution systems — Concept — Exemptions — Limits — Article 32(1) — Third-party access — Article 15(7) and Article 37(6)(b) — Dispatching charges
Requests for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia
Language of the case: Italian
| Summary |
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Opinion of Advocate General Tanchev delivered on 13 September 2018
ECLI:EU:C:2018:709 |
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Judgment of the Court (First Chamber) of 28 November 2018
ECLI:EU:C:2018:961 |
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Case C-328/17 Amt Azienda Trasporti e Mobilità and Others v Atpl Liguria - Agenzia regionale per il trasporto pubblico locale and Regione Liguria
Reference for a preliminary ruling — Public procurement — Review procedures — Directive 89/665/EEC — Article 1(3) — Directive 92/13/EEC –Article 1(3) — Right to bring proceedings subject to the condition that a tender was submitted in a procurement procedure
Request for a preliminary ruling from the Tribunale Amministrativo Regionale della Liguria
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 5 July 2018
ECLI:EU:C:2018:542 |
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Judgment of the Court (Third Chamber) of 28 November 2018
ECLI:EU:C:2018:958 |
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Case C-632/17 PKO Bank Polski v Michalski
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Directive 2008/48/EC — Order for payment procedure based on bank ledger excerpts — Impossible for the court, in the absence of an action brought by a consumer, to examine the unfairness of the contractual terms
Request for a preliminary ruling from the Sąd Rejonowy w Siemianowicach Śląskich
Language of the case: Polish
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Order of the Court (Seventh Chamber) of 28 November 2018
ECLI:EU:C:2018:963 |
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Case C-600/16 P National Iranian Tanker Company v Council
Appeal — Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran — Freezing of funds and economic resources — Annulment of a listing by the General Court — Re-listing — Evidence dating from before the first listing — Facts known before the first listing — Res judicata — Scope — Legal certainty — Protection of legitimate expectations — Effective judicial protection — Reasons for the listing relating to logistical support to the Government of Iran — Scope — Activity of transporting crude oil
Language of the case: English
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Opinion of Advocate General Tanchev delivered on 11 April 2018
ECLI:EU:C:2018:227 |
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Judgment of the Court (Fourth Chamber) of 29 November 2018
ECLI:EU:C:2018:966 |
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Case C-248/17 P Bank Tejarat v Council
Appeal — Common foreign and security policy — Restrictive measures against the Islamic Republic of Iran — Freezing of funds and economic resources — Annulment of a listing by the General Court — Re-listing — Reasons for the listing relating to financial support to the Government of Iran and the procurement of prohibited goods and technologies — Scope — Financing of oil and gas projects — Evidence dating from before the first listing — Facts known before the first listing — Article 266 TFEU — Res judicata — Scope — Effective judicial protection
Language of the case: English
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Judgment of the Court (Fourth Chamber) of 29 November 2018
ECLI:EU:C:2018:967 |
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Case C-264/17 Mensing v Finanzamt Hamm
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 314 — Article 316 — Article 322 — Special arrangements for works of art — Margin scheme — Taxable dealers — Supply of works of art by the creator or his successors in title — Intra-Community transactions — National tax authorities’ refusal to grant a taxable person the right to opt for application of the margin scheme — Conditions under which applicable — Right to deduct input tax — Works of art, collector’s items and antiques
Request for a preliminary ruling from the Finanzgericht Münster
Language of the case: German
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Judgment of the Court (Fourth Chamber) of 29 November 2018
ECLI:EU:C:2018:968 |
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Case C-548/17 Finanzamt Goslar v baumgarten sports & more
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Taxation of professional football player agencies — Payment by instalments and subject to a condition — Chargeable event, chargeability and collection of the tax
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Judgment of the Court (Sixth Chamber) of 29 November 2018
ECLI:EU:C:2018:970 |
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Information (on unpublished decisions)
Case C-730/17 Reich and Lieber v Koninklijke Luchtvaart Maatschappij
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Order of the President of the Court of 7 November 2018 ECLI:EU:C:2018:893 |
Case C-227/18 VE v WD
Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice — Consumer protection — Directive 93/13/EEC — Unfair terms in credit agreements entered into with consumers and which are denominated in a foreign currency — Term relating to foreign exchange risk — Requirement of clear and comprehensible drafting — Essential conditions defined in the contract ‘for information purposes’ — Directive 2008/48/EC — Consequences of errors in a creditworthiness assessment
Case C-308/18 P Schniga v CPVO
Appeal — Community plant variety rights — Application for Community plant variety rights for the plant variety Gala Schnico — Dismissal of the application
Case C-48/18 P Toontrack Music v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — European Union trade mark — Application for registration of the word mark EZMIX — Rejection of the application — Regulation (EC) No 207/2009 — Article 7(1)(b) and (c) — Articles 65, 75 and 76 — Descriptive character — Perception of the relevant public — Right to a hearing — Principle of examination by EUIPO of its own motion — Obligation to state reasons — Distortion — Evidence presented for the first time before the General Court
Case C-334/17 P Estonia v Commission
Appeal — Common organisation of the markets — Amount to be charged for quantities of surplus sugar not eliminated — Decision 2006/776/EC — Request for modification of a final decision of the European Commission — Letter of refusal — Appeal against that letter — Admissibility
Case C-412/18 P King v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Actions for failure to act — Application for a declaration that the European Commission failed to act in not defining its position to the substance of a complaint against the Grand Duchy of Luxembourg
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Order of the Court (Seventh Chamber) of 22 November 2018 ECLI:EU:C:2018:947 |
Case C-506/17 Commission v Slovenia
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Judgment of the Court (Sixth Chamber) of 28 November 2018 ECLI:EU:C:2018:959 |
Case C-303/18 P Le Pen v Parliament
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Order of the Court (Fourth Chamber) of 28 November 2018 ECLI:EU:C:2018:962 |
Case C-340/17 P Alcohol Countermeasure Systems (International) v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Invalidity proceedings — Declaration of invalidity on the basis of an earlier United Kingdom trade mark — Genuine use — Proof — Effects of the procedure for the withdrawal of the United Kingdom from the European Union on the proceedings before the General Court and the lawfulness of the decision at issue — None
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Judgment of the Court (Ninth Chamber) of 29 November 2018 ECLI:EU:C:2018:965 |
December 2018
Case C-378/17 The Minister for Justice and Equality and Commissioner of An Garda Síochána v Workplace Relations Commission
Reference for a preliminary ruling — Equal treatment in employment — Directive 2000/78/EC — Prohibition of discrimination on grounds of age — Recruitment of police officers — National body established by law in order to ensure enforcement of EU law in a particular area — Power to disapply national legislation that conflicts with EU law — Primacy of EU law
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Wahl delivered on 11 September 2018
ECLI:EU:C:2018:698 |
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Judgment of the Court (Grand Chamber) of 4 December 2018
ECLI:EU:C:2018:979 |
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Case C-305/17 FENS v Slovenská republika – Úrad pre reguláciu sieťových odvetví
Reference for a preliminary ruling — Free movement of goods — Customs duties — Charges having equivalent effect — Levy on the transmission of electricity generated within the national territory and intended for export — Compatibility of such legislation with the principle of free movement of goods
Request for a preliminary ruling from the Okresný súd Bratislava II
Language of the case: Slovak
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Judgment of the Court (Fourth Chamber) of 6 December 2018
ECLI:EU:C:2018:986 |
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Case C-480/17 Montag v Finanzamt Köln-Mitte
Reference for a preliminary ruling — Freedom of establishment — Direct taxation — Income tax — Deductibility of contributions to an occupational pension scheme and to a private pension scheme — Exclusion of non-residents
Request for a preliminary ruling from the Finanzgericht Köln
Language of the case: German
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Judgment of the Court (Tenth Chamber) of 6 December 2018
ECLI:EU:C:2018:987 |
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Case C-629/17 J. Portugal Ramos Vinhos v Adega Cooperativa de Borba
Reference for a preliminary ruling — Intellectual property — Trade mark law — Directive 2008/95/EC — Article 3(1)(c) — Grounds for invalidity — Word marks which consist exclusively of signs or indications which may serve in trade to designate the characteristics of goods or services — Other characteristics of goods or services — Production facility for a product — Word mark composed of a sign designating wine products and of a geographical name, constituting a word element of the trade mark proprietor’s business name
Request for a preliminary ruling from the Supremo Tribunal de Justiça
Language of the case: Portuguese
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Judgment of the Court (Fourth Chamber) of 6 December 2018
ECLI:EU:C:2018:988 |
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Case C-672/17 Tratave v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Value added tax (VAT) — Taxable amount — Reduction — Principle of fiscal neutrality
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
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Judgment of the Court (Sixth Chamber) of 6 December 2018
ECLI:EU:C:2018:989 |
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Case C-675/17 Ministero della Salute v Preindl
Reference for a preliminary ruling — Recognition of professional qualifications — Directive 2005/36/EC — Recognition of the evidence of formal qualifications obtained following periods of partially overlapping training — Host Member State’s powers of investigation
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Third Chamber) of 6 December 2018
ECLI:EU:C:2018:990 |
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Case C-292/18 Breyer v Sundair
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Transport — Regulation (EC) No 261/2004 — Right to compensation in the event of flight cancellation — Article 3(5) — Scope — Article 2(a) — Concept of air carrier — Undertaking not yet possessing an operating licence at the date scheduled for the performance of a flight — Question admitting of no reasonable doubt
Request for a preliminary ruling from the Amtsgericht Kassel Zweigstelle Hofgeismar
Language of the case: German
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Order of the Court (Eighth Chamber) of 6 December 2018
ECLI:EU:C:2018:997 |
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Case C-551/18 PPU IK (Enforcement of an additional sentence)
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant and the surrender procedures between Member States — European arrest warrant issued for the purposes of enforcing a custodial sentence — Substance and form — Article 8(1)(f) — Failure to refer to an additional sentence — Validity — Consequences — Effect on detention
Request for a preliminary ruling from Hof van Cassatie
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 8 November 2018
ECLI:EU:C:2018:890 |
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Judgment of the Court (First Chamber) of 6 December 2018
ECLI:EU:C:2018:991 |
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Case C-621/18 Wightman and Others v Secretary of State for Exiting the European Union
Reference for a preliminary ruling — Article 50 TEU — Notification by a Member State of its intention to withdraw from the European Union — Consequences of the notification — Right of unilateral revocation of the notification — Conditions
Request for a preliminary ruling from the Court of Session, Inner House, First Division (Scotland)
Language of the case: English
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 4 December 2018
ECLI:EU:C:2018:978 |
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Judgment of the Court (Full Court) of 10 December 2018
ECLI:EU:C:2018:999 |
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Case C-493/17 Proceedings brought by Weiss and Others
Reference for a preliminary ruling — Economic and monetary policy –– Decision (EU) 2015/774 of the European Central Bank — Validity — Secondary markets public sector asset purchase programme — Articles 119 and 127 TFEU — Powers of the ECB and the European System of Central Banks — Maintenance of price stability — Proportionality — Article 123 TFEU — Prohibition of monetary financing of Member States in the euro area
Request for a preliminary ruling from the Bundesverfassungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 4 October 2018
ECLI:EU:C:2018:815 |
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Judgment of the Court (Grand Chamber) of 11 December 2018
ECLI:EU:C:2018:1000 |
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Joined Cases C-138/17 P and C-146/17 P European Union v Gascogne Sack Deutschland and Gascogne
Appeal — Actions for damages — Second paragraph of Article 340 TFEU — Excessive duration of the proceedings in two cases before the General Court of the European Union — Damage allegedly suffered by the applicants — Material damage — Bank guarantee charges — Causal link — Default interest — Non-material damage
Language of the case: French
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Judgment of the Court (First Chamber) of 13 December 2018
ECLI:EU:C:2018:1013 |
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Case C-150/17 P European Union v Kendrion
Appeal — Actions for damages — Second paragraph of Article 340 TFEU — Excessive duration of the proceedings in a case before the General Court of the European Union — Compensation for damage allegedly suffered by the applicant — Material damage — Bank guarantee charges — Causal link — Default interest — Non-material damage
Language of the case: Dutch
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Judgment of the Court (First Chamber) of 13 December 2018
ECLI:EU:C:2018:1014 |
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Joined Cases C-174/17 P and C-222/17 P European Union v ASPLA and Armando Álvarez
Appeal — Actions for damages — Second paragraph of Article 340 TFEU — Excessive duration of the proceedings in two cases before the General Court of the European Union — Compensation for damage allegedly suffered by the applicants — Material damage — Bank guarantee charges — Causal link — Default interest
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Wahl delivered on 25 July 2018
ECLI:EU:C:2018:615 |
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Judgment of the Court (First Chamber) of 13 December 2018
ECLI:EU:C:2018:1015 |
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Case C-298/17 France Télévisions v Playmédia and CSA
Reference for a preliminary ruling — Directive 2002/22/EC — Electronic communications networks and services — Universal service and users’ rights — Undertaking providing an electronic communications network used for the distribution of radio or television broadcasts to the public — Undertaking offering the live streaming of television programmes online — ‘Must carry’ obligation
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Szpunar delivered on 5 July 2018
ECLI:EU:C:2018:535 |
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Judgment of the Court (Fourth Chamber) of 13 December 2018
ECLI:EU:C:2018:1017 |
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Case C-385/17 Hein v Albert Holzkamm
Reference for a preliminary ruling — Social policy — Organisation of working time — Directive 2003/88/EC — Right to paid annual leave — Article 7(1) — Legislation of a Member State under which collective agreements may provide for account to be taken of periods of short-time working when calculating remuneration to be paid in respect of annual leave — Temporal effects of judgments ruling on interpretation
Request for a preliminary ruling from the Arbeitsgericht Verden
Language of the case: German
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Opinion of Advocate General Bobek delivered on 5 September 2018
ECLI:EU:C:2018:666 |
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Judgment of the Court (Fourth Chamber) of 13 December 2018
ECLI:EU:C:2018:1018 |
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Case C-412/17 Bundesrepublik Deutschland v Touring Tours und Travel and Sociedad de Transportes
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EU) No 562/2006 — Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Articles 20 and 21 — Abolition of internal border controls in the Schengen area — Checks within the territory of a Member State — Measures having an effect equivalent to border checks — Rules of a Member State requiring a coach travel operator on routes crossing the internal borders of the Schengen area to check passengers’ passports and residence permits — Penalty — Threat to impose a recurring fine
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 6 September 2018
ECLI:EU:C:2018:671 |
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Judgment of the Court (Second Chamber) of 13 December 2018
ECLI:EU:C:2018:1005 |
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Case C-492/17 Südwestrundfunk v Rittinger and Others
Reference for a preliminary ruling — State aid — Article 107(1) TFEU — Article 108(3) TFEU — Public broadcasting institutions — Financing — Legislation of a Member State under which all adults possessing a dwelling within the country are required to pay a contribution to public broadcasters
Request for a preliminary ruling from the Landgericht Tübingen
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 26 September 2018
ECLI:EU:C:2018:777 |
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Judgment of the Court (Fourth Chamber) of 13 December 2018
ECLI:EU:C:2018:1019 |
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Case C-514/17 Ministère public v Sut
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 4(6) — Grounds for optional non-execution of the European arrest warrant — Offence underlying the imposition of a custodial sentence in the issuing Member State being punishable in the executing Member State by fine only
Request for a preliminary ruling from the Cour d'appel de Liège
Language of the case: French
| Summary |
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Opinion of Advocate General Bot delivered on 6 September 2018
ECLI:EU:C:2018:672 |
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Judgment of the Court (First Chamber) of 13 December 2018
ECLI:EU:C:2018:1016 |
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Case C-619/18 R Commission v Poland
Interim relief — Article 279 TFEU — Application for interim measures — Second subparagraph of Article 19(1) TEU — Charter of Fundamental Rights of the European Union — Article 47 — Effective judicial protection — Independence of judges
Language of the case: Polish
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Order of the Court (Grand Chamber) of 17 December 2018
ECLI:EU:C:2018:1021 |
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Case C-33/17 Čepelnik v Vavti
Request for a preliminary ruling from the Okrajno Sodišče Pliberk
Language of the case: Slovene
| Summary |
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Rectification order of 19 December 2018
ECLI:EU:C:2018:1022 |
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Case C-216/17 Autorità Garante della Concorrenza e del Mercato - Antitrust and Coopservice v ASST Vallecamonica-Sebino and Others
Reference for a preliminary ruling — Directive 2004/18/EC — Article 1(5) — Article 32(2) — Award of public works contracts, public supply contracts and public service contracts — Framework agreements — Clause extending the framework agreement to other contracting authorities — Principles of transparency and equal treatment of economic operators — No determination of the quantity covered by subsequent public procurement contracts or determination by reference to the usual requirements of the contracting authorities that are not signatories to the framework agreement — Prohibition
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 3 October 2018
ECLI:EU:C:2018:797 |
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Judgment of the Court (Eighth Chamber) of 19 December 2018
ECLI:EU:C:2018:1034 |
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Case C-219/17 Berlusconi and Fininvest v Banca d'Italia and IVASS
Reference for a preliminary ruling — Approximation of laws — Prudential supervision of credit institutions — Acquisition of a qualifying holding in a credit institution — Procedure governed by Directive 2013/36/EU and by Regulations (EU) No 1024/2013 and No 468/2014 — Composite administrative procedure — Exclusive decision-making power of the European Central Bank (ECB) — Action brought against preparatory acts adopted by the national competent authority — Claim that the force of res judicata attaching to a national decision has been disregarded
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 27 June 2018
ECLI:EU:C:2018:502 |
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Judgment of the Court (Grand Chamber) of 19 December 2018
ECLI:EU:C:2018:1023 |
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Case C-367/17 S v EA and Others
Reference for a preliminary ruling — Agriculture — Regulation (EC) No 510/2006 — Article 4(2)(e) — Regulation (EU) No 1151/2012 — Article 7(1)(e) — Protection of geographical indications and designations of origin — Application to amend the product specification — Ham originating from the Black Forest, Germany (‘Schwarzwälder Schinken’) — Requirements to package in the area of production — Applicability of Regulation (EC) No 510/2006 or of Regulation (EU) No 1151/2012
Request for a preliminary ruling from the Bundespatentgericht
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber) of 19 December 2018
ECLI:EU:C:2018:1025 |
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Case C-374/17 Finanzamt B v A-Brauerei
Reference for a preliminary ruling — State aid — Article 107(1) TFEU — Real property transfer tax — Exemption — Transfers in ownership of a property occurring as a result of restructuring procedures carried out within certain groups of companies — Concept of ‘State aid’ — Condition relating to selectivity — Justification
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Judgment of the Court (Grand Chamber) of 19 December 2018
ECLI:EU:C:2018:1024 |
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Case C-375/17 Stanley International Betting and Stanleybet Malta v Ministero dell'Economia e delle Finanze and Agenzia delle Dogane e dei Monopoli
Reference for a preliminary ruling — Articles 49 and 56 TFEU — Freedom of establishment and freedom to provide services — Games of chance — Concession for management of the computerised Lotto and other fixed-odds numerical games according to the sole concessionaire model — Restriction — Overriding reasons in the public interest — Proportionality
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Sharpston delivered on 27 September 2018
ECLI:EU:C:2018:781 |
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Judgment of the Court (Second Chamber) of 19 December 2018
ECLI:EU:C:2018:1026 |
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Case C-414/17 AREX CZ v Odvolací finanční ředitelství
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Article 2(1)(b)(i) and (iii) — Article 3(1) — Intra-Community acquisitions of goods subject to excise duties — Article 138(1) and (2)(b) — Intra-Community supply of goods — Chain transactions with a single transport — Transaction to which the transport should be ascribed — Transport under an excise duty suspension arrangement — Impact on the classification of an intra-Community purchase
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
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Opinion of Advocate General Kokott delivered on 25 July 2018
ECLI:EU:C:2018:624 |
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Judgment of the Court (Fourth Chamber) of 19 December 2018
ECLI:EU:C:2018:1027 |
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Case C-422/17 Szef Krajowej Administracji Skarbowej v Skarpa Travel
Reference for a preliminary ruling — Harmonisation of tax legislation — Common system of value added tax (VAT) — Directive 2006/112/EC — Chargeable event — Special scheme for travel agents — Articles 65 and 308 — Margin obtained by a travel agent — Determination of the margin — Payments on account made before the supply of travel services by the travel agent — Actual cost borne by the travel agent
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Opinion of Advocate General Bobek delivered on 5 September 2018
ECLI:EU:C:2018:667 |
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Judgment of the Court (Fourth Chamber) of 19 December 2018
ECLI:EU:C:2018:1029 |
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Case C-530/17 P Azarov v Council
Appeal — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds and economic resources — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the appellant’s name — Decision by an authority of a third State — Council’s obligation to verify that that decision was taken in accordance with the rights of the defence and the right to effective judicial protection
Language of the case: German
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Judgment of the Court (Fourth Chamber) of 19 December 2018
ECLI:EU:C:2018:1031 |
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Case C-552/17 Alpenchalets Resorts v Finanzamt München Abteilung Körperschaften
Reference for a preliminary ruling — Taxation — Harmonisation of fiscal legislation — Common system of value added tax (VAT) — Directive 2006/112/EC — Special scheme for travel agents — Supply of a holiday residence rented from other taxable persons — Additional services — Ancillary or principal services — Reduced rate of tax — Accommodation supplied by a travel agent in his own name
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Opinion of Advocate General Bobek delivered on 5 September 2018
ECLI:EU:C:2018:665 |
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Judgment of the Court (Fourth Chamber) of 19 December 2018
ECLI:EU:C:2018:1032 |
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Case C-572/17 Criminal proceedings against Syed
Reference for a preliminary ruling — Copyright and related rights — Directive 2001/29/EC — Article 4(1) — Distribution right — Infringement — Goods bearing a copyrighted motif intended for sale — Storage for commercial purposes — Storage facility separate from place of sale
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 3 October 2018
ECLI:EU:C:2018:796 |
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Judgment of the Court (Fourth Chamber) of 19 December 2018
ECLI:EU:C:2018:1033 |
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Case C-667/17 Cadeddu v Agenzia delle Entrate - Direzione provinciale di Cagliari and Others
Reference for a preliminary ruling — Regulation (EC) No 1083/2006 — Article 2(4) — Concept of beneficiary — Article 80 — Prohibition on making a deduction or withholding sums paid — Other specific charge or charge with equivalent effect — Concept — Study grant co-financed by the European Social Fund — Treatment as income from employment — Retention on account of income tax increased by additional regional and municipal taxes
Request for a preliminary ruling from the Commissione Tributaria Provinciale di Cagliari
Language of the case: Italian
| Summary |
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Judgment of the Court (Tenth Chamber) of 19 December 2018
ECLI:EU:C:2018:1036 |
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Case C-17/18 Criminal proceedings against Mailat and Others
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Articles 19 and 29 and Article 135(1)(l) — Transfer of a totality of assets or part thereof — Exemption for lettings of immovable property — Rental contract concerning an immovable property used for commercial purposes and the movable property necessary for that use — Supply of services relating to that immovable property which gave rise to the deduction of VAT — Adjustment
Request for a preliminary ruling from the Tribunalul Mureş
Language of the case: Romanian
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Judgment of the Court (Tenth Chamber) of 19 December 2018
ECLI:EU:C:2018:1038 |
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Case C-51/18 Commission v Austria
Failure of a Member State to fulfil obligations — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 2(1) — Administrative practice of imposing VAT on the royalty payable to an author of an original work of art on the basis of the resale right
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 19 December 2018
ECLI:EU:C:2018:1035 |
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Information (on unpublished decisions)
Case C-649/15 P-DEP TV2/Danmark v Viasat Broadcasting UK
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Order of the Court (First Chamber) of 5 December 2018 ECLI:EU:C:2018:984 |
Case C-657/15 P-DEP TV2/Danmark v Viasat Broadcasting UK
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Order of the Court (First Chamber) of 5 December 2018 ECLI:EU:C:2018:985 |
Case C-233/17 P-REV GX v Commission
Application for revision — Article 159 of the Rules of Procedure — Conditions — Appeal — No reliance on a new fact — Inadmissibility
Case C-118/18 P-INT Hochmann Marketing
Application for interpretation — Inadmissibility
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Order of the Court (Ninth Chamber) of 13 December 2018 ECLI:EU:C:2018:1007 |
Case C-221/18 P EDF v Commission
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Order of the Court (Sixth Chamber) of 13 December 2018 ECLI:EU:C:2018:1009 |
Case C-370/18 Uniunea Naţională a Barourilor din România v Holunga
Reference for a preliminary ruling — Article 53(2) of the Rule of Procedure — Article 267 TFEU — Concept of a ‘court or tribunal of a Member State’ — Compulsory nature of its jurisdiction — Manifest inadmissibility of the request for a preliminary ruling
Case C-408/18 P Senetic v EUIPO
Appeal — Article 181 of the Court’s Rules of Procedure — EU trade mark — Figurative mark including the word element ‘hp’ — Invalidity proceedings — Rejection of the application for a declaration of invalidity
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Order of the Court (Tenth Chamber) of 13 December 2018 ECLI:EU:C:2018:1010 |
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Case C-409/18 P Senetic v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Word mark HP — Invalidity proceedings — Rejection of the application for a declaration of invalidity
Case C-491/18 Mennica Wrocławska v Dyrektor Izby Administracji Skarbowej we Wrocławiu
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Articles 168, 178 and 226 — Refusal of the right to deduct — Erroneous designation of goods on invoices
January 2019
Case C-410/17 Proceedings brought by A
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(a) and (c) — Article 14(1) — Article 24(1) — Transactions for consideration — Transactions for consideration constituted partly by services or goods — Demolition contract — Purchase contract for dismantling
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
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Judgment of the Court (Ninth Chamber) of 10 January 2019
ECLI:EU:C:2019:12 |
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Case C-97/18 Criminal proceedings against ET
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Principle of mutual recognition of confiscation orders — Framework Decision 2006/783/JHA — Article 12(1) and (4) — Law governing the execution — Law of the executing State authorising recourse to imprisonment for the non-execution of the confiscation order — Conformity — Law of the issuing State also authorising recourse to a term of imprisonment — Lack of effect
Request for a preliminary ruling from the Rechtbank Noord-Nederland
Language of the case: Dutch
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Judgment of the Court (First Chamber) of 10 January 2019
ECLI:EU:C:2019:7 |
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Case C-169/18 Mahmood and Others v Minister for Justice, Equality and Law Reform
Reference for a preliminary ruling — No need to adjudicate
Request for a preliminary ruling from the Court of Appeal (Ireland)
Language of the case: English
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Order of the Court (First Chamber) of 10 January 2019
ECLI:EU:C:2019:5 |
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Case C-258/17 E.B. v Versicherungsanstalt öffentlich Bediensteter
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2 — Attempted act of same-sex indecency committed by a civil servant on male minors — Disciplinary sanction adopted in 1975 — Compulsory early retirement accompanied by a reduction in the pension entitlement — Discrimination based on sexual orientation — Effects of the application of Directive 2000/78/EC on the disciplinary sanction — Calculation of the retirement pension paid
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Opinion of Advocate General Bobek delivered on 5 September 2018
ECLI:EU:C:2018:663 |
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Judgment of the Court (Grand Chamber) of 15 January 2019
ECLI:EU:C:2019:17 |
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Case C-265/17 P Commission v United Parcel Service
Appeal – Merger control – Acquisition of TNT Express by UPS – Commission Decision declaring a concentration to be incompatible with the internal market and the functioning of the EEA Agreement – Econometric model developed by the Commission – Failure to disclose amendments made to the econometric model – Infringement of the rights of the defence
Language of the case: English
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Opinion of Advocate General Kokott delivered on 25 July 2018
ECLI:EU:C:2018:628 |
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Judgment of the Court (First Chamber) of 16 January 2019
ECLI:EU:C:2019:23 |
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Case C-386/17 Liberato v Grigorescu
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and recognition and enforcement of judgments on maintenance obligations — Regulation (EC) No 44/2001 — Article 5(2) — Article 27 — Article 35(3) — Jurisdiction, recognition and enforcement of decisions in matrimonial matters and matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 19 — Lis pendens — Article 22(a) — Article 23(a) — Non-recognition where the decisions are manifestly contrary to public policy — Article 24 — Prohibition of review of jurisdiction of the court of origin — Ground for the non-recognition based on a breach of the rules of lis pendens — Absence
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Opinion of Advocate General Bot delivered on 6 September 2018
ECLI:EU:C:2018:670 |
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Judgment of the Court (First Chamber) of 16 January 2019
ECLI:EU:C:2019:24 |
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Case C-389/17 Proceedings brought by Paysera LT
Reference for a preliminary ruling — Taking up of the business of electronic money institutions — Directive 2009/110/EC — Article 5(2) and (3) — Rules on own funds — Own funds required for the pursuit of activities linked to the issuance of electronic money — Definition of ‘activity linked to the issuance of electronic money’ — Issuance, for the benefit of the seller, of electronic money at par value of the funds received
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
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Opinion of Advocate General Wathelet delivered on 4 October 2018
ECLI:EU:C:2018:817 |
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Judgment of the Court (First Chamber) of 16 January 2019
ECLI:EU:C:2019:25 |
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Case C-496/17 Deutsche Post v Hauptzollamt Köln
Reference for a preliminary ruling — Customs union — The Union Customs Code — Article 39 — Status of authorised economic operator — Implementing Regulation (EU) 2015/2447 — The second subparagraph of Article 24(1) — Applicant not a natural person — Questionnaire — Collection of personal data — Directive 95/46/EC — Articles 6 and 7 — Regulation (EU) 2016/679 — Articles 5 and 6 — Processing of personal data
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
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Judgment of the Court (Third Chamber) of 16 January 2019
ECLI:EU:C:2019:26 |
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Case C-310/16 Criminal proceedings against Dzivev and Others
Reference for a preliminary ruling — Value added tax (VAT) — Protection of the European Union’s financial interests — Article 325(1) TFEU — Convention on the protection of the European Communities’ financial interests — Criminal proceedings concerning VAT offences — Principle of effectiveness — Taking of evidence — Interception of telecommunications — Authorisation granted by a court that lacks jurisdiction — Taking those interceptions into consideration as evidence — Provisions of national law — Prohibition
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Bobek delivered on 25 July 2018
ECLI:EU:C:2018:623 |
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Judgment of the Court (Fourth Chamber) of 17 January 2019
ECLI:EU:C:2019:30 |
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Case C-168/17 SH v TG
Reference for a preliminary ruling — Common foreign and security policy — Restrictive measures adopted in view of the situation in Libya — A chain of contracts concluded with the aim of issuing a bank guarantee for the benefit of an entity on a list of entities whose funds are to be frozen — Payment of costs arising under counter guarantee agreements — Regulation (EU) No 204/2011 — Article 5 — Definition of ‘funds made available to an entity referred to in Annex III to Regulation No 204/2011’ — Article 12(1)(c) — Definition of ‘a claim under a guarantee’ — Definition of a ‘person or entity acting on behalf of a person referred to in Article 12(1)(a) or (b)’
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Mengozzi delivered on 3 October 2018
ECLI:EU:C:2018:798 |
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Judgment of the Court (Third Chamber) of 17 January 2019
ECLI:EU:C:2019:36 |
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Case C-639/17 KPMG Baltics v Ķipars AI
Reference for a preliminary ruling — Settlement finality in payment and securities settlement systems — Directive 98/26/EC — Scope — Concept of ‘transfer order’ — Payment order sent by the holder of an ordinary current account to a credit institution subsequently declared insolvent
Request for a preliminary ruling from the the Augstākā tiesa
Language of the case: Latvian
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Judgment of the Court (Fourth Chamber) of 17 January 2019
ECLI:EU:C:2019:31 |
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Case C-74/18 Proceedings brought by A
Reference for a preliminary ruling — Directive 2009/138/EC — Taking-up and pursuit of the business of insurance and reinsurance — Article 13(13) — Definition of ‘Member State in which the risk is situated’ — Company established in one Member State, providing insurance services relating to contractual risks connected with company conversions in another Member State — Article 157 — Member State levying tax on insurance premiums
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
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Judgment of the Court (Sixth Chamber) of 17 January 2019
ECLI:EU:C:2019:33 |
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Case C-102/18 Proceedings brought by Brisch
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 650/2012 — Article 65(2) — European Certificate of Succession — Application for a certificate — Implementing Regulation (EU) No 1329/2014 — Mandatory or optional nature of the form established by Article 1(4) of Implementing Regulation No 1329/2014
Request for a preliminary ruling from the Oberlandesgericht Köln
Language of the case: German
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Judgment of the Court (Sixth Chamber) of 17 January 2019
ECLI:EU:C:2019:34 |
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Case C-193/17 Cresco Investigation v Achatzi
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Article 21 — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 2(2)(a) — Direct discrimination on grounds of religion — National legislation granting certain employees a day’s holiday on Good Friday — Justification — Article 2(5) — Article 7(1) — Obligations of private employers and national courts resulting from the incompatibility of national law with Directive 2000/78
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 25 July 2018
ECLI:EU:C:2018:614 |
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Judgment of the Court (Grand Chamber) of 22 January 2019
ECLI:EU:C:2019:43 |
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Case C-218/16 Kubicka v Notariusz Przemysława Bac
Request for a preliminary ruling from Sąd Okręgowy w Gorzowie Wielkopolskim
Language of the case: Polish
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Rectification order of 23 January 2019
ECLI:EU:C:2019:46 |
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Case C-272/17 Zyla v Staatssecretaris van Financiën
Reference for a preliminary ruling — Free movement of workers — Equal treatment — Income tax — Social security contributions — Worker who left the Member State of her employment during the course of the calendar year — Application of the pro rata temporis rule to social security credit
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 11 July 2018
ECLI:EU:C:2018:562 |
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Judgment of the Court (Tenth Chamber) of 23 January 2019
ECLI:EU:C:2019:49 |
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Case C-387/17 Presidenza del Consiglio dei Ministri v Fallimento Traghetti del Mediterraneo
Reference for a preliminary ruling – State aid – Existing aid and new aid – Classification – Regulation (EC) No 659/1999 – Article 1(b)(iv) and (v) – Principles of legal certainty and protection of legitimate expectations – Applicability – Subsidies granted before the liberalisation of a market initially closed to competition – Action for damages against the Member State brought by a competitor of the beneficiary company
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Opinion of Advocate General Wahl delivered on 13 September 2018
ECLI:EU:C:2018:712 |
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Judgment of the Court (First Chamber) of 23 January 2019
ECLI:EU:C:2019:51 |
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Case C-419/17 P Deza v ECHA
Appeal — Regulation (EC) No 1907/2006 (REACH Regulation) — Annex XIV — Establishment of a list of substances subject to authorisation — Inclusion in the list of substances identified for eventual inclusion in Annex XIV — Updating of the entry of the substance bis(2-ethylhexyl)phthalate (DEHP) in the list — Misinterpretation and misapplication of the REACH Regulation and of the principle of legal certainty — Distortion of the facts and evidence — Scope of the review
Language of the case: Czech
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Opinion of Advocate General Szpunar delivered on 26 June 2018
ECLI:EU:C:2018:495 |
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Judgment of the Court (First Chamber) of 23 January 2019
ECLI:EU:C:2019:52 |
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Case C-430/17 Walbusch Walter Busch v Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main
Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Distance contracts — Article 6(1)(h) — Obligation to provide information on the right of withdrawal — Article 8(4) — Contract concluded through a means of distance communication which allows limited space or time to display the information — Meaning of ‘limited space or time to display the information’ — Brochure inserted in a periodical — Mail order coupon containing a hyperlink referring to information on the right of withdrawal
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Tanchev delivered on 20 September 2018
ECLI:EU:C:2018:759 |
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Judgment of the Court (Third Chamber) of 23 January 2019
ECLI:EU:C:2019:47 |
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Case C-661/17 M.A. and Others v The International Protection Appeals Tribunal and Others
Reference for a preliminary ruling — Asylum policy — Criteria and mechanisms for determining the Member State responsible for examining an application for international protection — Regulation (EU) No 604/2013 — Discretionary clauses — Assessment criteria
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
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Rectification order of 14 March 2019
ECLI:EU:C:2019:214 |
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Judgment of the Court (First Chamber) of 23 January 2019
ECLI:EU:C:2019:53 |
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Case C-165/17 Morgan Stanley & Co International v Ministre de l'Économie et des Finances
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Sixth Council Directive 77/388/EEC — Directive 2006/112/EC — Deduction of input tax — Goods and services used for both taxable transactions and exempt transactions (mixed-use goods and services) — Determination of the applicable deductible proportion — Branch established in a Member State other than that of its principal establishment — Expenditure incurred by the branch used exclusively for the transactions of the principal establishment — General costs of the branch used for both its transactions and those of the principal establishment
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
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Opinion of Advocate General Mengozzi delivered on 3 October 2018
ECLI:EU:C:2018:792 |
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Judgment of the Court (Fourth Chamber) of 24 January 2019
ECLI:EU:C:2019:58 |
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Case C-313/17 P Haswani v Council
Appeal — Article 86 of the Rules of Procedure of the General Court — Admissibility — Procedure for modifying the application — Need to modify the pleas in law and arguments — Restrictive measures adopted against the Syrian Arab Republic — List of persons subject to the freezing of funds and economic resources — Inclusion of the applicant’s name
Language of the case: French
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Opinion of Advocate General Mengozzi delivered on 20 September 2018
ECLI:EU:C:2018:748 |
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Judgment of the Court (First Chamber) of 24 January 2019
ECLI:EU:C:2019:57 |
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Case C-326/17 RDW v X et Y, X and Y v RDW and RDW v Z
Reference for a preliminary ruling — Directive 1999/37/EC — Registration documents for vehicles — Omissions in the registration certificates — Mutual recognition — Directive 2007/46/EC — Vehicles manufactured prior to EU harmonisation of technical requirements — Alterations having an impact on the technical characteristics of the vehicle
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Wahl delivered on 20 September 2018
ECLI:EU:C:2018:760 |
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Judgment of the Court (Fourth Chamber) of 24 January 2019
ECLI:EU:C:2019:59 |
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Case C-477/17 Raad van bestuur van de Sociale verzekeringbank v Balandin and Others
Reference for a preliminary ruling — Social security — Regulation (EU) No 1231/2010 — Applicable legislation — A1 certificate — Article 1 — Extension of A1 certificate to nationals of third countries residing legally in the territory of a Member State — Legal residence — Concept
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Wahl delivered on 27 September 2018
ECLI:EU:C:2018:783 |
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Judgment of the Court (First Chamber) of 24 January 2019
ECLI:EU:C:2019:60 |
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Case C-220/17 Planta Tabak v Land Berlin
Reference for a preliminary ruling — Approximation of laws — Validity of Directive 2014/40/EU — Manufacture, presentation and sale of tobacco products — Regulation of ‘ingredients’ — Prohibition of flavoured tobacco products
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
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Opinion of Advocate General Saugmandsgaard Øe delivered on 4 July 2018
ECLI:EU:C:2018:530 |
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Judgment of the Court (First Chamber) of 30 January 2019
ECLI:EU:C:2019:76 |
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Case C-587/17 P Belgium v Commission
Appeal — European Agricultural Guarantee Fund (EAGF) — Regulation (EC) No 1290/2005 — Regulation (EU) No 1306/2013 — Expenses excluded from financing by the European Union — Unduly paid export refunds — Recovery — Not all judicial remedies were exhausted — No appeal on a point of law following the negative opinion of a lawyer authorised to act before the Cour de cassation (Belgium) — Article 267 TFEU — No reference for a preliminary ruling to the Court of Justice — Negligence on the part of a Member State
Language of the case: French
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Opinion of Advocate General Wahl delivered on 4 October 2018
ECLI:EU:C:2018:821 |
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Judgment of the Court (Fourth Chamber) of 30 January 2019
ECLI:EU:C:2019:75 |
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Joined Cases C-183/17 P and C-184/17 P International Management Group v Commission
Appeal — Development cooperation — EU budget implementation by indirect management — Action for annulment — Admissibility — Challengeable acts — Decision to entrust a budget implementation task to an entity other than the entity initially chosen — Decision not to entrust any new budget implementation tasks to the entity initially chosen — Regulation (EC, Euratom) No 2342/2002 — Article 43 — Delegated Regulation (EU) No 1268/2012 — Article 43 — Definition of ‘international organisation’ — Conditions — Claim for damages
Languages of the case: English and French
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Opinion of Advocate General Saugmandsgaard Øe delivered on 27 September 2018
ECLI:EU:C:2018:782 |
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Judgment of the Court (Third Chamber) of 31 January 2019
ECLI:EU:C:2019:78 |
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Case C-194/17 P Pandalis v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 51(1)(a) and (2) and Article 75 — EU trade mark Cystus — Food supplements not for medical purposes — Partial revocation — Lack of genuine use of the trade mark — Perception of the word ‘cystus’ as a descriptive indication of the main ingredient of the goods concerned — Obligation to state reasons
Language of the case: German
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Opinion of Advocate General Kokott delivered on 13 September 2018
ECLI:EU:C:2018:725 |
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Judgment of the Court (Third Chamber) of 31 January 2019
ECLI:EU:C:2019:80 |
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Case C-225/17 P Islamic Republic of Iran Shipping Lines and Others v Council
Appeal — Common foreign and security policy — Restrictive measures taken against the Islamic Republic of Iran — Freezing of funds and economic resources — Annulment of a listing by the General Court of the European Union — Amendment of the criteria governing inclusion on a list of persons and entities whose assets are to be frozen — Re-listing — Evidence dating from before the first listing — Facts known before the first listing — Force of res judicata — Scope — Legal certainty — Protection of legitimate expectations — Principle Non bis in idem — Effective judicial protection
Language of the case: English
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Opinion of Advocate General Sharpston delivered on 13 September 2018
ECLI:EU:C:2018:720 |
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Judgment of the Court (Fourth Chamber) of 31 January 2019
ECLI:EU:C:2019:82 |
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Case C-149/18 da Silva Martins v Dekra Claims Services Portugal
Reference for a preliminary ruling — Judicial cooperation in civil matters — Law applicable to non-contractual obligations — Regulation (EC) No 864/2007 (Rome II) — Articles 16 and 27 — Overriding mandatory provisions — Directive 2009/103/EC — Civil liability insurance for motor vehicles — Article 28
Request for a preliminary ruling from the Tribunal da Relação de Lisboa
Language of the case: Portuguese
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Judgment of the Court (Sixth Chamber) of 31 January 2019
ECLI:EU:C:2019:84 |
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Case C-373/18 Prosa v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Indirect taxes on the raising of capital — Directive 69/335/EEC — Articles 4 and 7 — Incorporation of a capital company — Stamp duty in force on 1 July 1984 — Subsequent abolition of that stamp duty, followed by its reintroduction
Request for a preliminary ruling from the Tribunal Administrativo e Fiscal de Penafiel
Language of the case: Portuguese
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Order of the Court (First Chamber) of 31 January 2019
ECLI:EU:C:2019:88 |
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Information (on unpublished decisions)
Case C-533/18 P Emcur v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Opposition proceedings — Application for registration of the word mark EMCURE — Partial rejection of the opposition
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Order of the Court (Eighth Chamber) of 8 January 2019 ECLI:EU:C:2019:2 |
Case C-444/18 Proceedings brought by Fluctus and Others
References for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Freedom to provide services — Restrictions — Games of chance — Gambling monopoly in a Member State — Monopolistic advertising practices — Criteria for assessment — Manifest inadmissibility
Case C-415/18 P CBA Spielapparate- und Restaurantbetriebs v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Actions for damages — Failure by the European Commission to initiate proceedings for failure to fulfil obligations under Article 258 TFEU against the Republic of Austria — Refraining of national courts to submit a request for a preliminary ruling to the Court — Manifest lack of jurisdiction of the EU judicature — Action manifestly inadmissible
Case C-463/18 P CeramTec v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Invalidity proceedings — Three-dimensional mark in the shape of a part of a prosthetic hip — Mark consisting in a shade of pink — Withdrawal of applications for declarations of invalidity and closure of the invalidity proceedings — Action of the proprietor of the mark seeking the annulment of decisions closing proceedings — Action declared to be inadmissible by the Board of Appeal
Case C-489/18 Farmland v Földművelésügyi Miniszter
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Direct support schemes — Single payment scheme — Single area payment application — Criteria — Lawful user of agricultural land
Case C-553/18 P Lion's Head Global Partners v EUIPO
Appeal — Article 181 of the Court’s Rules of Procedure — EU trade mark — Opposition proceedings — Word mark Lion’s Head — Application for international registration designating the European Union — Rejection in part of the application for registration — Dismissal of the appeal
Case C-554/18 P Lion's Head Global Partners v EUIPO
Appeal — Article 181 of the Court’s Rules of Procedure — EU trade mark — Opposition proceedings — Figurative mark in black and white containing the word elements ‘lion’s head global partners’ — Rejection in part of the application for registration — Dismissal of the appeal
Case C-162/17 P Poland v EUIPO
Appeal — EU trade mark — Opposition proceedings — Regulation (EC) No 207/2009 — Article 8(1) — Application for registration of the figurative mark including the word element LUBELSKA — Dominant and distinctive element
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Judgment of the Court (Eighth Chamber) of 16 January 2019 ECLI:EU:C:2019:27 |
Case C-600/17 Cipollone v Ministero della Giustizia
Reference for a preliminary ruling — Article 53(2) Rules of Procedure of the Court of Justice — Social policy — Fixed-term work — Justices of the Peace — Manifest inadmissibility
Case C-626/17 Rossi and Others v Ministero della Giustizia
Reference for a preliminary ruling — Article 53(2) Rules of Procedure of the Court of Justice — Social policy — Fixed-term work — Justices of the Peace — Manifest inadmissibility
Case C-577/18 P Kerstens v Commission
Appeal — Civil service — Notes informing the applicant of the resumption of administrative investigations in the context of disciplinary proceedings — Action for annulment — Acts not adversely affecting an official — Actions for damages — Manifest inadmissibility of the action at first instance — Appeal manifestly unfounded
Case C-698/17 P Klement v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 15(1) — Application for revocation of a mark — Three-dimensional mark representing the form of an oven — Genuine use of the mark — Statement of reasons
Joined Cases C-335/18 and C-336/18 Criminal proceedings against AK and EP
References for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Controls of cash entering or leaving the European Union — Regulation (EC) No 1889/2005 — Article 3(1) — Infringement of the obligation to declare — Article 4(2) — Measure to detain — Article 9(1) — Penalties provided for by national law — National legislation providing that, in addition to the imposition of a penalty of a term of imprisonment or a fine in the amount of one fifth of the amount of the undeclared sum, that sum is to be confiscated by the State — Proportionality
Case C-440/18 P Verein Deutsche Sprache v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a Commission decision concerning the alteration of the appearance of the press room in the Berlaymont Building to display only the French and English languages — Refusal to grant full access
Case C-6/18 P Greece v Commission
Appeal — European Agricultural Guarantee Fund (EAGF) — European Agricultural Fund for Rural Development (EAFRD) — Regulation (EC) No 1290/2005 — Financing of the common agricultural policy — Excluded expenditure — Expenditure incurred by the Hellenic Republic
Case C-426/18 P Iordăchescu v Parliament and Others
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Directive 2014/40/EU — Manufacture, presentation and sale of tobacco products and related products — Action for annulment — Failure to observe the time limit for instituting proceedings — Claims for damages — Disregard of the procedural requirements
February 2019
Case C-535/17 NK v BNP Paribas Fortis
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 and Regulation (EC) No 1346/2000 — Scope of those regulations — Bankruptcy of a bailiff — Action brought by the liquidator in charge of administering and liquidating the bankruptcy
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Opinion of Advocate General Bobek delivered on 18 October 2018
ECLI:EU:C:2018:850 |
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Judgment of the Court (First Chamber) of 6 February 2019
ECLI:EU:C:2019:96 |
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Case C-561/18 Solvay Chemicals v Bundesrepublik Deutschland
Reference for a preliminary ruling — Environment — Scheme for greenhouse gas emission allowance trading within the European Union — Directive 2003/87/EC — Monitoring plan — Regulation (EU) No 601/2012 — Second subparagraph of Article 49(1) — Point 20 of Annex IV — Calculation of the emissions of an installation — Subtraction of carbon dioxide (CO2) transferred — Exclusion of CO2 used in the production of precipitated calcium carbonate — Assessment of the validity of the exclusion
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
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Order of the Court (First Chamber) of 6 February 2019
ECLI:EU:C:2019:101 |
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Case C-322/17 Bogatu v Minister for Social Protection
Reference for a preliminary ruling — Social security — Regulation (EC) No 883/2004 — Article 67 — Application for family benefits submitted by a person who has ceased to pursue an activity as an employed person in the competent Member State but continues to reside there — Entitlement to family benefits for family members resident in another Member State — Eligibility conditions
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
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Opinion of Advocate General Mengozzi delivered on 4 October 2018
ECLI:EU:C:2018:818 |
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Judgment of the Court (Third Chamber) of 7 February 2019
ECLI:EU:C:2019:102 |
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Case C-49/18 Escribano Vindel v Ministerio de Justicia
Reference for a preliminary ruling — Budgetary austerity measures — Reduction of remuneration in the national civil service — Method — Differential impact — Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 2(1) and (2)(b) — Charter of Fundamental Rights of the European Union — Article 21 — Judicial independence — Second subparagraph of Article 19(1) TEU
Request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña
Language of the case: Spanish
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Judgment of the Court (Second Chamber) of 7 February 2019
ECLI:EU:C:2019:106 |
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Case C-231/18 NK
Reference for a preliminary ruling — Transport — Road transport — Regulation (EC) No 561/2006 — Regulation (EU) No 165/2014 — Obligation to use a tachograph — Exception for vehicles used for the carriage of live animals from farms to local markets and vice versa or from markets to local slaughterhouses
Request for a preliminary ruling from the Oberlandesgericht Oldenburg
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 7 February 2019
ECLI:EU:C:2019:103 |
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Case C-492/18 PPU TC
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 12 — Keeping a person in detention — Article 17 — Time limits for adoption of the decision to execute the European arrest warrant — National legislation providing for automatic suspension of detention 90 days after arrest — Interpretation in conformity with EU law — Suspension of time limits — Charter of Fundamental Rights of the European Union — Article 6 — Right to liberty and security — Differing interpretations of national legislation — Clarity and predictability
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
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Opinion of Advocate General Szpunar delivered on 6 November 2018
ECLI:EU:C:2018:875 |
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Judgment of the Court (First Chamber) of 12 February 2019
ECLI:EU:C:2019:108 |
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Case C-8/19 PPU Criminal proceedings against RH
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in criminal matters — Directive (EU) 2016/343 — Article 4 — Public references to guilt — Pre-trial detention decision — Remedies — Procedure for reviewing the lawfulness of that decision — Observance of the presumption of innocence — Article 267 TFEU — Article 47, second paragraph, of the Charter of Fundamental Rights of the European Union — Right to have a case heard within a reasonable time. — National legislation restricting the powers of the national courts to make a request to the Court of Justice for a preliminary ruling or obliging them to adjudicate without waiting for the answer to that request — Disciplinary sanctions for failure to comply with that legislation
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
| Summary |
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Order of the Court (First Chamber) of 12 February 2019
ECLI:EU:C:2019:110 |
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Case C-434/17 Human Operator v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling — Harmonisation of fiscal legislation — Common system of value added tax (VAT) — Directive 2006/112/EC — Deduction of VAT — Determination of the taxable person liable for VAT — Retroactive application of a derogating measure — Principle of legal certainty
Request for a preliminary ruling from the Zalaegerszegi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Tenth Chamber) of 13 February 2019
ECLI:EU:C:2019:112 |
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Case C-179/18 Rohart v Federale Pensioendienst
Reference for a preliminary ruling — Social security — Pension rights under the national pension scheme for employed persons — Refusal to take into account the period of compulsory military service completed by an official of the European Union after taking up his post — Principle of sincere cooperation
Request for a preliminary ruling from the Arbeidsrechtbank Gent
Language of the case: Dutch
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Judgment of the Court (Tenth Chamber) of 13 February 2019
ECLI:EU:C:2019:111 |
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Case C-345/17 Proceedings brought by Buivids
Reference for a preliminary ruling — Processing of personal data — Directive 95/46/EC — Article 3 — Scope — Video recording of police officers carrying out procedural measures in a police station — Publication on a video website — Article 9 — Processing of personal data solely for journalistic purposes — Meaning — Freedom of expression — Protection of privacy
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Sharpston delivered on 27 September 2018
ECLI:EU:C:2018:780 |
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Judgment of the Court (Second Chamber) of 14 February 2019
ECLI:EU:C:2019:122 |
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Case C-423/17 Staat der Nederlanden v Warner-Lambert Company
Reference for a preliminary ruling — Medicinal products for human use — Directive 2001/83/EC — Article 11 — Generic medicinal products — Summary of product characteristics — Exclusion of references referring to indications or dosage forms still covered by patent law at the time when the generic medicine was marketed
Request for a preliminary ruling from the Gerechtshof Den Haag
Language of the case: Dutch
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Opinion of Advocate General Kokott delivered on 4 October 2018
ECLI:EU:C:2018:822 |
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Judgment of the Court (Sixth Chamber) of 14 February 2019
ECLI:EU:C:2019:125 |
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Case C-531/17 Vetsch Int. Transporte v Zollamt Feldkirch Wolfurt
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/CE — Article 143(1)(d) — Exemptions from VAT on importation — Imports followed by an intra-Community transfer — Subsequent intra-Community supply — Tax evasion — Refusal of the exemption — Conditions
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Kokott delivered on 6 September 2018
ECLI:EU:C:2018:677 |
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Judgment of the Court (Ninth Chamber) of 14 February 2019
ECLI:EU:C:2019:114 |
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Case C-554/17 Jonsson v Journal L’Est Républicain
Reference for a preliminary ruling — Judicial cooperation in civil matters — European small claims procedure — Regulation (EC) No 861/2007 — Article 16 — ‘Unsuccessful party’ — Costs of proceedings — Apportionment — Article 19 — Procedural law of the Member States
Request for a preliminary ruling from the Svea hovrätt
Language of the case: Swedish
| Summary |
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Judgment of the Court (Third Chamber) of 14 February 2019
ECLI:EU:C:2019:124 |
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Case C-562/17 Nestrade v AEAT and TEAC
Reference for a preliminary ruling — Thirteenth Council Directive 86/560/EEC — Arrangements for the refund of value added tax (VAT) — Principles of equivalence and effectiveness — Company not established in the European Union — Preliminary and final decision refusing the refund of VAT — Incorrect VAT identification number
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
| Summary |
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Judgment of the Court (Ninth Chamber) of 14 February 2019
ECLI:EU:C:2019:115 |
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Case C-630/17 Milivojević v Raiffeisenbank St. Stefan-Jagerberg-Wolfsberg
Reference for a preliminary ruling — Articles 56 and 63 TFEU — Freedom to provide services — Free movement of capital — National legislation providing that credit agreements featuring international elements concluded with a non-authorised lender are invalid — Regulation (EU) No 1215/2012 — Article 17(1) — Credit agreement concluded by a natural person with a view to the provision of tourist accommodation services — Concept of ‘consumer’ — Article 24, point 1 — Exclusive jurisdiction in matters relating to rights in rem in immovable property — Action for invalidity of a credit agreement and seeking the removal from the land register of the entry of a security interest
Request for a preliminary ruling from the Općinski Sud u Rijeci
Language of the case: Croatian
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Opinion of Advocate General Tanchev delivered on 14 November 2018
ECLI:EU:C:2018:908 |
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Judgment of the Court (Second Chamber) of 14 February 2019
ECLI:EU:C:2019:123 |
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Case C-54/18 Cooperativa Animazione Valdocco v Consorzio Intercomunale Servizi Sociali di Pinerolo and Azienda Sanitaria Locale To3 di Collegno e Pinerolo
Reference for a preliminary ruling — Public procurement — Review procedures — Directive 89/665/EEC — Articles 1 and 2c — Action brought against decisions to allow tenderers to participate in, or to exclude them from, a tendering procedure — Time limit for applying for review — 30-day time limit — National legislation excluding the possibility to plead the illegality of an admission decision in an action brought against subsequent decisions — Charter of Fundamental Rights of the European Union — Article 47 — Right to effective judicial protection
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte
Language of the case: Italian
| Summary |
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Order of the Court (Fourth Chamber) of 14 February 2019
ECLI:EU:C:2019:118 |
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Case C-154/18 Horgan and Keegan v Minister for Education & Skills and Others
Reference for a preliminary ruling — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 2(2)(b) — Indirect discrimination on grounds of age — Newly recruited teachers — Date of recruitment — Salary scale and classification on that scale upon recruitment less advantageous than that applicable to teachers already employed as such
Request for a preliminary ruling from the Labour Court (Ireland)
Language of the case: English
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Judgment of the Court (Second Chamber) of 14 February 2019
ECLI:EU:C:2019:113 |
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Joined Cases C-115/16, C-118/16, C-119/16 and C-299/16 N Luxembourg 1 and Others v Skatteministeriet
Reference for a preliminary ruling — Approximation of laws — Common system of taxation applicable to interest and royalty payments made between associated companies of different Member States — Directive 2003/49/EC — Beneficial owner of the interest and royalties — Article 5 — Abuse of rights — Company established in a Member State and paying to an associated company established in another Member State interest all or almost all of which is then transferred outside the European Union — Subsidiary subject to an obligation to withhold tax on the interest at source
Requests for a preliminary ruling from the Østre Landsret and Vestre Landsret
Language of the case: Danish
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Opinion of Advocate General Kokott delivered on 1 March 2018
ECLI:EU:C:2018:143 |
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Judgment of the Court (Grand Chamber) of 26 February 2019
ECLI:EU:C:2019:134 |
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Joined Cases C-116/16 and C-117/16 Skatteministeriet v T Danmark and Y Denmark
Reference for a preliminary ruling — Approximation of laws — Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States — Directive 90/435/EEC — Exemption of the profits distributed by companies of a Member State to companies of other Member States — Beneficial owner of the distributed profits — Abuse of rights — Company established in a Member State and paying to an associated company established in another Member State dividends all or almost all of which are then transferred outside the European Union — Subsidiary subject to an obligation to withhold tax on the profits at source
Requests for a preliminary ruling from the Østre Landsret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Kokott delivered on 1 March 2018
ECLI:EU:C:2018:144 |
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Judgment of the Court (Grand Chamber) of 26 February 2019
ECLI:EU:C:2019:135 |
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Case C-135/17 X v Finanzamt Stuttgart - Körperschaften (Controlled companies established in third countries)
Reference for a preliminary ruling — Free movement of capital — Movement of capital between Member States and third countries — Standstill clause — National legislation of a Member State regarding controlled companies established in third countries — Amendment of that legislation, followed by the reintroduction of the earlier legislation — Income of a company established in a third country derived from the holding of debts owed by a company established in a Member State — Incorporation of that income into the tax base of a taxable person resident for tax purposes in a Member State — Restriction on the free movement of capital — Justification
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 5 June 2018
ECLI:EU:C:2018:389 |
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Judgment of the Court (Grand Chamber) of 26 February 2019
ECLI:EU:C:2019:136 |
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Case C-497/17 Oeuvre d’assistance aux bêtes d’abattoirs v Ministre de l'Agriculture et de l'Alimentation and Others
Reference for a preliminary ruling — Article 13 TFEU — Animal welfare — Regulation (EC) No 1099/2009 — Protection of animals at the time of killing — Particular methods of slaughter prescribed by religious rites — Regulation (EC) No 834/2007 — Articles 3 and 14(1)(b)(viii) — Compatibility with organic production — Regulation (EC) No 889/2008 — First paragraph of Article 57 — Organic production logo of the European Union
Request for a preliminary ruling from the Cour administrative d'appel de Versailles
Language of the case: French
| Summary |
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Opinion of Advocate General Wahl delivered on 20 September 2018
ECLI:EU:C:2018:747 |
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Judgment of the Court (Grand Chamber) of 26 February 2019
ECLI:EU:C:2019:137 |
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Case C-581/17 Wächtler v Finanzamt Konstanz
Reference for a preliminary ruling — Agreement between the European Community and the Swiss Confederation on the free movement of persons — Transfer by a natural person of his domicile from a Member State to Switzerland — Taxation of unrealised capital gains with respect to shares in a company — Direct taxation — Freedom of movement of self-employed persons — Equal treatment
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
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Opinion of Advocate General Wathelet delivered on 27 September 2018
ECLI:EU:C:2018:779 |
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Judgment of the Court (Grand Chamber) of 26 February 2019
ECLI:EU:C:2019:138 |
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Joined Cases C-202/18 and C-238/18 Rimšēvičs and ECB v Latvia
European System of Central Banks — Action based on infringement of the second subparagraph of Article 14.2 of the Statute of the European System of Central Banks and of the European Central Bank — Decision of a national authority suspending the governor of the national central bank from office
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Kokott delivered on 19 December 2018
ECLI:EU:C:2018:1030 |
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Judgment of the Court (Grand Chamber) of 26 February 2019
ECLI:EU:C:2019:139 |
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Case C-563/17 Associação Peço a Palavra and Others v Conselho de Ministros
Reference for a preliminary ruling — Freedom of establishment — Regulation (EC) No 1008/2008 — Air carrier company — Reprivatisation process — Sale of shares representing up to 61% of the share capital — Conditions — Requirement to keep the headquarters and effective management in a Member State — Public service obligations — Requirement to maintain and develop the existing national hub
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 21 November 2018
ECLI:EU:C:2018:937 |
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Judgment of the Court (Second Chamber) of 27 February 2019
ECLI:EU:C:2019:144 |
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Case C-670/17 P Greece v Commission
Appeal — European Agricultural Guidance and Guarantee Fund (EAGGF) — Guidance Section — Reduction of financial assistance — Regulation (EC) No 1260/1999 — Operational programme — Financial corrections — Article 39 — Legal basis — Transitional provisions
Language of the case: Greek
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Opinion of Advocate General Bobek delivered on 8 November 2018
ECLI:EU:C:2018:889 |
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Judgment of the Court (First Chamber) of 27 February 2019
ECLI:EU:C:2019:145 |
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Case C-465/16 P Council v Growth Energy and Renewable Fuels Association
Appeal – Dumping – Implementing Regulation (EU) No 157/2013 – Imports of bioethanol originating in the United States of America – Definitive anti-dumping duty – Country-wide dumping margin – Actions for annulment – Associations representing non-exporting producers and traders/blenders – Locus standi – Direct concern – Individual concern
Language of the case: English
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Opinion of Advocate General Mengozzi delivered on 3 October 2018
ECLI:EU:C:2018:794 |
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Judgment of the Court (Third Chamber) of 28 February 2019
ECLI:EU:C:2019:155 |
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Case C-466/16 P Council v Marquis Energy
Appeal – Dumping – Implementing Regulation (EU) No 157/2013 – Imports of bioethanol originating in the United States of America – Definitive anti-dumping duty – Country-wide dumping margin – Action for annulment – Non-exporting producer – Locus standi – Direct concern
Language of the case: English
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Opinion of Advocate General Mengozzi delivered on 3 October 2018
ECLI:EU:C:2018:795 |
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Judgment of the Court (Third Chamber) of 28 February 2019
ECLI:EU:C:2019:156 |
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Case C-388/17 Konkurrensverket v SJ
Reference for a preliminary ruling — Public procurement procedures in the transport sector — Directive 2004/17/EC — Scope — Article 5 — Activities relating to the provision or operation of networks to provide a service to the public in the field of transport by railways — Award, by a public national railway undertaking providing transport services, of cleaning service contracts for trains belonging to that undertaking — No prior publication
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 19 September 2018
ECLI:EU:C:2018:738 |
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Judgment of the Court (Ninth Chamber) of 28 February 2019
ECLI:EU:C:2019:161 |
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Case C-567/17 Bene Factum v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling — Tax provisions — Excise duty — Directive 92/83/EEC — Article 27(1)(b) — Exemptions — Definition of ‘products not for human consumption’ — Assessment criteria
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 28 November 2018
ECLI:EU:C:2018:960 |
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Judgment of the Court (Third Chamber) of 28 February 2019
ECLI:EU:C:2019:158 |
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Case C-579/17 BUAK Bauarbeiter-Urlaubs- u. Abfertigungskasse v Gradbeništvo Korana
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 1(1) — Scope — Civil and commercial matters — Article 1(2) — Matters excluded — Social security — Article 53 — Application for the issue of the certificate certifying that the judgment delivered by the court of origin is enforceable — Judgment relating to a claim for wage supplements regarding annual leave pay that a social security body has against an employer with respect to the posting of workers — Exercise of a judicial function by the court ruling in the case
Request for a preliminary ruling from the Arbeits- und Sozialgericht Wien
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 25 October 2018
ECLI:EU:C:2018:863 |
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Judgment of the Court (Second Chamber) of 28 February 2019
ECLI:EU:C:2019:162 |
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Case C-9/18 Criminal proceedings against Meyn
Reference for a preliminary ruling — Transport — Directive 2006/126/EC — Mutual recognition of driving licences — Refusal to recognise a driving licence issued in another Member State — Right to drive established on the basis of a driving licence
Request for a preliminary ruling from the Oberlandesgericht Karlsruhe
Language of the case: German
| Summary |
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Judgment of the Court (Seventh Chamber) of 28 February 2019
ECLI:EU:C:2019:148 |
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Case C-14/18 P Alfamicro v Commission
Appeal — Arbitration clause — Article 272 TFEU — Concept of a ‘declaratory action’ — Article 263 TFEU — Concept of an ‘administrative decision’ — Grant agreement concluded under the Competitiveness and Innovation Framework Programme (CIP) (2007-2013) — Audit reports finding certain declared costs to be ineligible
Language of the case: Portuguese
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Judgment of the Court (Sixth Chamber) of 28 February 2019
ECLI:EU:C:2019:159 |
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Case C-278/18 Sequeira Mesquita v Fazenda Pública
Reference for a preliminary ruling — Value added tax (VAT) — Sixth Directive 77/388/EEC — Exemption — Article 13B(b) — Leasing or letting of immovable property — Meaning — Contract for the transfer of the use of land comprising vineyards for agricultural purposes
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Eighth Chamber) of 28 February 2019
ECLI:EU:C:2019:160 |
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Information (on unpublished decisions)
Case C-710/17 CCC - Consorzio Cooperative Costruzioni v Comune di Tarvisio
Reference for a preliminary ruling — Public works contracts — Directive 2004/18/EC — Article 48(3) — Assessment and verification of the technical capacities of economic operators — National provision which cannot be regarded as a transposition of Directive 2004/18 — No direct and unconditional reference to EU law — No request based on the existence of a certain cross-border interest — Inadmissibility of the request for a preliminary ruling
Case C-510/18 P Prada v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word mark THE RICH PRADA — Partial rejection of the opposition
Case C-571/18 P Pereira v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Civil service — Officials — Non-promotion — Promotion round 2015
Case C-669/18 P Adis Higiene v EUIPO
Appeal — Article 181 of Rules of Procedure of the General Court — EU trade mark — Period allowed for commencing proceedings — Delay — Appeal manifestly unfounded
Case C-505/17 P Groupe Léa Nature v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) and Article 8(5) — Figurative mark containing the word elements ‘SO’BiO ētic’ — EU and national word and figurative marks containing the word element ‘SO…?’ — Opposition by the proprietor — Refusal of registration
March 2019
Case C-349/17 Eesti Pagar v Ettevõtluse Arendamise Sihtasutus and Majandus- ja Kommunikatsiooniministeerium
Reference for a preliminary ruling — State aid — Regulation (EC) No 800/2008 (General block exemption regulation) — Article 8(2) — Aid with an incentive effect — Concept of ‘start of work on the project’ — Powers of the national authorities — Unlawful aid — No decision of the European Commission or of a national court — Obligation on the national authorities to recover unlawful aid on their own initiative — Legal basis — Article 108(3) TFEU — General principle of EU law of protection of legitimate expectations — Decision of the competent national authority granting aid under Regulation No 800/2008 — Knowledge of circumstances excluding the eligibility of the aid application — Creation of a legitimate expectation — None — Limitation — Aid co-financed from a structural fund — Applicable legislation — Regulation (EC, Euratom) No 2988/95 — National legislation — Interest — Obligation to claim interest — Legal basis — Article 108(3) TFEU — Applicable legislation — National rules — Principle of effectiveness
Request for a preliminary ruling from the Tallinna Ringkonnakohus
Language of the case: Estonian
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Opinion of Advocate General Wathelet delivered on 25 September 2018
ECLI:EU:C:2018:768 |
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Judgment of the Court (Grand Chamber) of 5 March 2019
ECLI:EU:C:2019:172 |
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Case C-420/16 P Izsák and Dabis v Commission
Appeal — Law governing the institutions — Citizens’ initiative — Regulation (EU) No 211/2011 — Registration of the proposed citizens’ initiative — Article 4(2)(b) — Condition that the proposed initiative does not manifestly fall outside the framework of the European Commission’s powers to submit a proposal for a legal act for the purpose of implementing the Treaties — Burden of proof — Economic, social and territorial cohesion — Article 174 TFEU — Citizens’ initiative ‘Cohesion policy for the equality of the regions and sustainability of the regional cultures’ — Application for registration — Refusal by the Commission
Language of the case: Hungarian
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Opinion of Advocate General Mengozzi delivered on 4 October 2018
ECLI:EU:C:2018:816 |
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Judgment of the Court (First Chamber) of 7 March 2019
ECLI:EU:C:2019:177 |
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Case C-643/17 Suez II v Fazenda Pública
Reference for a preliminary ruling — Customs union — Regulation (EEC) No 2913/92 — Article 37 — Community Customs Code — Regulation (EEC) No 2454/93 — Article 313 — Customs status of goods — Presumption of the Community status of goods
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Sixth Chamber) of 7 March 2019
ECLI:EU:C:2019:179 |
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Case C-221/17 Tjebbes and Others v Minister van Buitenlandse Zaken
Reference for a preliminary ruling — Citizenship of the European Union — Article 20 TFEU — Articles 7 and 24 of the Charter of Fundamental Rights of the European Union — Nationalities of a Member State and of a third country — Loss of the nationality of a Member State and of citizenship of the Union by operation of law — Consequences — Proportionality
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Mengozzi delivered on 12 July 2018
ECLI:EU:C:2018:572 |
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Judgment of the Court (Grand Chamber) of 12 March 2019
ECLI:EU:C:2019:189 |
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Case C-128/17 Poland v Parliament and Council
Action for annulment — Directive (EU) 2016/2284 — Reduction of national emissions of certain atmospheric pollutants — Adoption of EU legal acts — Course of the legislative procedure — Article 4(3) TEU — Principle of sincere cooperation — Actual exercise of the EU legislature’s discretion — Impact assessment — Sufficient assessment of the effects of the contested measure — Article 5(4) TEU — Principle of proportionality — Article 4(2) TEU — Equality of Member States before the Treaties — Article 191(2) TFEU — Environmental policy of the European Union — Consideration of the diversity of the regions of the European Union — Judicial review
Language of the case: Polish
| Summary |
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Judgment of the Court (Sixth Chamber) of 13 March 2019
ECLI:EU:C:2019:194 |
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Case C-437/17 Gemeinsamer Betriebsrat EurothermenResort Bad Schallerbach v EurothermenResort Bad Schallerbach
Reference for a preliminary ruling — Free movement of workers — Article 45 TFEU — Regulation (EU) No 492/2011 — Article 7(1) — Prohibition of discrimination on grounds of nationality — Right to paid annual leave based on the seniority of the worker with the employer — Account taken only in part of previous periods of service completed with other employers — Social law — Disparity between the schemes and legislation of the Member States
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 25 July 2018
ECLI:EU:C:2018:627 |
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Judgment of the Court (Fifth Chamber) of 13 March 2019
ECLI:EU:C:2019:193 |
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Case C-635/17 E. v Staatssecretaris van Veiligheid en Justitie
Reference for a preliminary ruling — Area of freedom, security and justice — Immigration policy — Right to family reunification — Directive 2003/86/EC — Exclusions from the scope of the directive — Article 3(2)(c) — Exclusion of persons benefiting from subsidiary protection — Extension of the right to family reunification to those persons under national law — Jurisdiction of the Court — Article 11(2) — Lack of official documentary evidence of the family relationship — Explanations regarded as insufficiently plausible — Obligations on the authorities of the Member States to take additional steps — Limits
Request for a preliminary ruling from the Rechtbank Den Haag zittingsplaats Haarlem
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Wahl delivered on 29 November 2018
ECLI:EU:C:2018:973 |
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Judgment of the Court (Second Chamber) of 13 March 2019
ECLI:EU:C:2019:192 |
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Case C-647/17 Skatteverket v Srf konsulterna
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 53 — Supply of services in respect of admission to educational events– Place of taxable transactions
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Sharpston delivered on 10 January 2019
ECLI:EU:C:2019:13 |
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Judgment of the Court (Fifth Chamber) of 13 March 2019
ECLI:EU:C:2019:195 |
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Case C-195/18 Criminal proceedings against B.S. (Malt in the composition of beer)
Reference for a preliminary ruling — Taxation — Excise duties on alcohol and alcoholic beverages — Directive 92/83/EEC — Article 2 — Definition of ‘beer’ — Beverage produced from wort obtained from a mixture containing more glucose than malt — Combined Nomenclature — Heading 2203 (beer made from malt) or 2206 (other fermented beverages)
Request for a preliminary ruling from the Sąd Okręgowy w Piotrkowie Trybunalskim
Language of the case: Polish
| Summary |
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Judgment of the Court (Tenth Chamber) of 13 March 2019
ECLI:EU:C:2019:197 |
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Case C-118/17 Dunai v ERSTE Bank Hungary
Reference for a preliminary ruling — Consumer protection — Unfair terms in consumer contracts — Directive 93/13/EEC — Article 1(2) — Article 6(1) — Loan contract denominated in a foreign currency — Exchange difference — Substitution of a legislative provision for an unfair term declared void — Exchange rate risk — Continued existence of the contract after the unfair term has been deleted — National system for a uniform interpretation of law
Request for a preliminary ruling from the Budai Központi Kerületi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Wahl delivered on 15 November 2018
ECLI:EU:C:2018:921 |
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Judgment of the Court (Third Chamber) of 14 March 2019
ECLI:EU:C:2019:207 |
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Case C-399/17 Commission v Czech Republic
Failure of a Member State to fulfil obligations — Regulation (EC) No 1013/2006 — Shipment of waste — Refusal of the Czech Republic to ensure the take-back of the mixture TPS-NOLO (Geobal) shipped from that Member State to Poland — Existence of waste — Burden of proof — Proof
Language of the case: Czech
| Summary |
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Opinion of Advocate General Wahl delivered on 15 November 2018
ECLI:EU:C:2018:922 |
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Judgment of the Court (First Chamber) of 14 March 2019
ECLI:EU:C:2019:200 |
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Case C-449/17 A & G Fahrschul-Akademie v Finanzamt Wolfenbüttel
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 132(1)(i) and (j) — Exemption for certain activities in the public interest — School or university education — Concept — Driving school tuition provided by a driving school
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 3 October 2018
ECLI:EU:C:2018:791 |
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Judgment of the Court (First Chamber) of 14 March 2019
ECLI:EU:C:2019:202 |
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Case C-557/17 Staatssecretaris van Veiligheid en Justitie v Y.Z. and Others (Fraud in family reunification)
Reference for a preliminary ruling — Right to family reunification — Directive 2003/86/EC — Article 16(2)(a) — Article 17 — Withdrawal of the residence permit of a member of the family of a third-country national — Status of third-country nationals who are long-term residents — Directive 2003/109/EC — Article 9(1)(a) — Loss of that status — Fraud — Lack of knowledge of the fraud
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Mengozzi delivered on 4 October 2018
ECLI:EU:C:2018:820 |
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Judgment of the Court (Fourth Chamber) of 14 March 2019
ECLI:EU:C:2019:203 |
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Case C-695/17 Metirato v Suomen valtio and Eesti Vabariik
Reference for a preliminary ruling — Directive 2010/24/EU — Mutual assistance for the recovery of claims relating to taxes, duties and other measures — Article 13(1) — Article 14(2) — Enforced recovery, by the authorities of the requested Member State, of claims of the applicant Member State — Procedure relating to an application seeking the restitution of those claims to the insolvency estate of a company established in the requested Member State — Defendant in those proceedings — Determination
Request for a preliminary ruling from the Helsingin käräjäoikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Bobek delivered on 22 November 2018
ECLI:EU:C:2018:944 |
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Judgment of the Court (First Chamber) of 14 March 2019
ECLI:EU:C:2019:209 |
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Case C-724/17 Vantaan kaupunki v Skanska Industrial Solutions and Others
Reference for a preliminary ruling — Competition — Article 101 TFEU — Compensation for the damage caused by a cartel prohibited by that article — Determination of the undertakings liable to provide compensation — Succession of legal entities — Concept of ‘undertaking’ — Economic continuity test
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Wahl delivered on 6 February 2019
ECLI:EU:C:2019:100 |
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Judgment of the Court (Second Chamber) of 14 March 2019
ECLI:EU:C:2019:204 |
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Case C-21/18 Textilis and Keskin v Svenskt Tenn
Reference for a preliminary ruling — EU trade mark — Concept of ‘shape’ — Shape giving substantial value to the goods — Two-dimensional mark — Figurative mark also constituting a work for the purpose of copyright — Regulation (EC) No 207/2009 — Article 7(1)(e)(iii) — Regulation (EU) 2015/2424
Request for a preliminary ruling from the Svea hovrätt
Language of the case: Swedish
| Summary |
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Judgment of the Court (Fifth Chamber) of 14 March 2019
ECLI:EU:C:2019:199 |
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Case C-134/18 Vester v Rijksinstituut voor ziekte- en invaliditeitsverzekering
Reference for a preliminary ruling — Social security systems — Invalidity benefits — Articles 45 and 48 TFEU — Freedom of movement for workers — Regulation (EC) No 883/2004 — Different benefit schemes in the Member States — ‘Primary period of incapacity to work’ — Duration — Benefits for incapacity for work — Disadvantages for migrant workers
Request for a preliminary ruling from the Arbeidsrechtbank Antwerpen
Language of the case: Dutch
| Summary |
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Judgment of the Court (Eighth Chamber) of 14 March 2019
ECLI:EU:C:2019:212 |
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Case C-174/18 Jacob and Lennertz v Belgian State
Reference for a preliminary ruling — Freedom of movement for workers — Equal treatment — Income tax — Legislation for the avoidance of double taxation — Pension received in a Member State other than that of residence — Method of calculating the exemption in the Member State of residence — Loss of part of the benefit of certain tax advantages
Request for a preliminary ruling from the Tribunal de première instance de Liège
Language of the case: French
| Summary |
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Judgment of the Court (Ninth Chamber) of 14 March 2019
ECLI:EU:C:2019:205 |
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Case C-372/18 Ministre de l'Action et des Comptes publics v Dreyer
Reference for a preliminary ruling — Social security — Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons — Regulation (EC) No 883/2004 — Article 3 — Matters covered — Levies on income from assets charged to a French resident insured under the Swiss social security scheme — Levies apportioned for the funding of two benefits administered by the French National Solidarity Fund for Independent Living — Direct and sufficiently relevant link with certain branches of social security — Definition of ‘social security benefit’ — Individual assessment of an applicant’s personal needs — Taking into account the applicant’s resources in calculating the amount of the benefits
Request for a preliminary ruling from the Cour administrative d'appel de Nancy
Language of the case: French
| Summary |
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Judgment of the Court (Seventh Chamber) of 14 March 2019
ECLI:EU:C:2019:206 |
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Case C-163/17 Jawo v Bundesrepublik Deutschland
Reference for a preliminary ruling — Area of freedom, security and justice — Dublin system — Regulation (EU) No 604/2013 — Transfer of the asylum seeker to the Member State responsible for examining the application for international protection — Concept of ‘absconding’ — Modalities of extending the time limit for transfer — Article 4 of the Charter of Fundamental Rights of the European Union — Substantial risk of inhuman or degrading treatment on completion of the asylum procedure — Living conditions of beneficiaries of international protection in that Member State
Request for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 25 July 2018
ECLI:EU:C:2018:613 |
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Judgment of the Court (Grand Chamber) of 19 March 2019
ECLI:EU:C:2019:218 |
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Joined Cases C-297/17, C-318/17, C-319/17 and C-438/17 Ibrahim and Others v Bundesrepublik Deutschland and Bundesrepublik Deutschland v Magamadov
Reference for a preliminary ruling — Area of freedom, security and justice — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Article 33(2)(a) — Rejection by the authorities of a Member State of an application for asylum as being inadmissible because of the prior granting of subsidiary protection in another Member State — Article 52 — Scope ratione temporis of that directive — Articles 4 and 18 of the Charter of Fundamental Rights of the European Union — Systemic flaws in the asylum procedure in that other Member State — Systematic rejection of applications for asylum — Substantial risk of suffering inhuman or degrading treatment — Living conditions of those granted subsidiary protection in that other State
Requests for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Wathelet delivered on 25 July 2018
ECLI:EU:C:2018:617 |
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Judgment of the Court (Grand Chamber) of 19 March 2019
ECLI:EU:C:2019:219 |
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Case C-444/17 Préfet des Pyrénées-Orientales v Arib and Others
Reference for a preliminary ruling — Area of freedom, security and justice — Border control, asylum and immigration — Regulation (EU) 2016/399 — Article 32 — Temporary reintroduction of border control, by a Member State, at its internal borders — Illegal entry of a third-country national — Equation of internal borders with external borders — Directive 2008/115/EC — Scope — Article 2(2)(a)
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Opinion of Advocate General Szpunar delivered on 17 October 2018
ECLI:EU:C:2018:836 |
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Judgment of the Court (Grand Chamber) of 19 March 2019
ECLI:EU:C:2019:220 |
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Case C-127/17 Commission v Poland
Failure of a Member State to fulfil obligations — Transport — Directive 96/53/EC — International traffic — Vehicles complying with the limit values for weights and dimensions laid down in that directive — Use of such vehicles, which were registered or put into circulation in one Member State, on the territory of another Member State — Special permit regime — Articles 3 and 7 — 2003 Act of Accession — Transitional arrangements — Point 8.3 of Annex XII
Language of the case: Polish
| Summary |
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Opinion of Advocate General Bot delivered on 19 September 2018
ECLI:EU:C:2018:742 |
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Judgment of the Court (Fourth Chamber) of 21 March 2019
ECLI:EU:C:2019:236 |
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Joined Cases C-266/17 and C-267/17 Rhein-Sieg-Kreis v Verkehrsbetrieb Hüttebräucker and BVR Busverkehr Rheinland and Rhenus Veniro v Kreis Heinsberg
Reference for a preliminary ruling — Transport — Public passenger transport services by rail and by road — Regulation (EC) No 1370/2007 — Article 5(1) and (2) — Direct award – Contracts for public passenger transport services by bus and tram — Conditions — Directive 2004/17/EC — Directive 2004/18/EC
Requests for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 13 September 2018
ECLI:EU:C:2018:723 |
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Judgment of the Court (Fourth Chamber) of 21 March 2019
ECLI:EU:C:2019:241 |
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Joined Cases C-350/17 and C-351/17 Mobit v Regione Toscana and Autolinee Toscane v Mobit
Reference for a preliminary ruling — Regulation (EC) No 1370/2007 — Public passenger transport services by rail and by road — Article 5 — Award of public service contracts — Article 5(2) — Direct award — Concept of ‘internal operator’ — Authority exercising similar control — Article 8(2) — Transitional arrangements — Deadline for the expiry of the direct award
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 25 October 2018
ECLI:EU:C:2018:869 |
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Judgment of the Court (Fourth Chamber) of 21 March 2019
ECLI:EU:C:2019:237 |
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Case C-443/17 Abraxis Bioscience v Comptroller General of Patents
Reference for a preliminary ruling — Medicinal product for human use — Supplementary protection certificate for medicinal products — Regulation (EC) No 469/2009 — Article 3(d) — Conditions for granting — Grant of first authorisation to place the product on the market as a medicinal product — Authorisation covering a product as a medicinal product constituting a new formulation of a known active ingredient
Request for a preliminary ruling from the High Court of Justice (England & Wales), Chancery Division (patents court)
Language of the case: English
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 13 December 2018
ECLI:EU:C:2018:1020 |
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Judgment of the Court (Fourth Chamber) of 21 March 2019
ECLI:EU:C:2019:238 |
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Case C-465/17 Falck Rettungsdienste and Falck v Stadt Solingen
Reference for a preliminary ruling — Public procurement — Directive 2014/24/EU — Article 10(h) — Specific exclusions for service contracts — Civil defence, civil protection and danger prevention services — Non-profit organisations or associations — Patient transport ambulance services — Transport by qualified ambulance
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 14 November 2018
ECLI:EU:C:2018:907 |
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Judgment of the Court (Third Chamber) of 21 March 2019
ECLI:EU:C:2019:234 |
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Case C-498/17 Commission v Italy
Failure of a Member State to fulfil obligations — Directive 1999/31/EC — Article 14(b) and (c) — Landfill of waste — Existing landfill sites — Infringement
Language of the case: Italian
| Summary |
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Judgment of the Court (Fifth Chamber) of 21 March 2019
ECLI:EU:C:2019:243 |
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Case C-590/17 Pouvin and Dijoux v EDF
Reference for a preliminary ruling — Directive 93/13/EEC — Scope — Article 2(b) and (c) –Concepts of ‘consumer’ and of ‘seller or supplier’ — Finance for the purchase of a home — Mortgage loan granted by an employer to its employee and to his spouse, the jointly and severally liable co-borrower
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Opinion of Advocate General Bobek delivered on 15 November 2018
ECLI:EU:C:2018:920 |
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Judgment of the Court (Third Chamber) of 21 March 2019
ECLI:EU:C:2019:232 |
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Case C-702/17 Unareti v Ministero dello Sviluppo Economico and Others
Reference for a preliminary ruling — Internal market in natural gas –Public service distribution concessions — Early termination of concessions at the end of a transitional period — Reimbursement by the incoming concessionaire to the outgoing concessionaire — Principle of legal certainty
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (First Chamber) of 21 March 2019
ECLI:EU:C:2019:233 |
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Case C-245/18 Tecnoservice Int. v Poste Italiane
Reference for a preliminary ruling — Payment services in the internal market — Directive 2007/64/EC — Article 74(2) — Payment order by credit transfer — Incorrect unique identifier provided by the payer — Execution of the payment transaction on the basis of the unique identifier — Liability of the payee’s payment service provider
Request for a preliminary ruling from the Tribunale ordinario di Udine
Language of the case: Italian
| Summary |
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Judgment of the Court (Tenth Chamber) of 21 March 2019
ECLI:EU:C:2019:242 |
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Case C-377/16 Spain v Parliament
Actions for annulment — Rules on languages — Selection procedure for contract staff — Call for expressions of interest — Drivers — Function group I — Knowledge of languages — Restriction of the choice of language 2 of the selection procedure to English, French and German — Language of communication — Regulation No 1 — Staff Regulations — Conditions of Employment of Other Servants — Discrimination based on language — Justification — Interests of the service
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Sharpston delivered on 25 July 2018
ECLI:EU:C:2018:610 |
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Judgment of the Court (Grand Chamber) of 26 March 2019
ECLI:EU:C:2019:249 |
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Case C-621/16 P Commission v Italy
Appeal — Rules on languages — Open competition for the recruitment of administrators — Notice of competition — Administrators (AD 5) — Administrators (AD 6) in the field of data protection — Knowledge of languages — Restriction of the choice of language 2 of the competitions to English, French and German — Language of communication with the European Personnel Selection Office (EPSO) — Regulation No 1 — Staff Regulations — Discrimination based on language — Justification — Interests of the service — Judicial review
Language of the case: Italian
| Summary |
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Opinion of Advocate General Bobek delivered on 25 July 2018
ECLI:EU:C:2018:611 |
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Judgment of the Court (Grand Chamber) of 26 March 2019
ECLI:EU:C:2019:251 |
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Joined Cases C-70/17 and C-179/17 Abanca Corporación Bancaria v García Salamanca Santos and Bankia v Lau Mendoza and Rodríguez Ramírez
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Articles 6 and 7 — Unfair terms in consumer contracts — Accelerated repayment clause of a mortgage loan contract — Declaration that the clause is unfair in part — Powers of the national court when dealing with a term regarded as ‘unfair’ — Replacement of the unfair term with a provision of national law
Requests for a preliminary ruling from the Tribunal Supremo and the Juzgado de Primera Instancia no 1 de Barcelona
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Szpunar delivered on 13 September 2018
ECLI:EU:C:2018:724 |
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Judgment of the Court (Grand Chamber) of 26 March 2019
ECLI:EU:C:2019:250 |
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Case C-129/18 SM v Entry Clearance Officer (Child placed under Algerian kafala)
Reference for a preliminary ruling — Citizenship of the European Union — Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States — Directive 2004/38/EC — Family members of a citizen of the Union — Article 2(2)(c) — ‘Direct descendant’ — Child in permanent legal guardianship under the Algerian kafala (provision of care) system — Article 3(2)(a) — Other family members — Article 7 and Article 24(2) of the Charter of Fundamental Rights of the European Union — Family life — Best interests of the child
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 26 February 2019
ECLI:EU:C:2019:140 |
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Judgment of the Court (Grand Chamber) of 26 March 2019
ECLI:EU:C:2019:248 |
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Case C-620/16 Commission v Germany
Failure of a Member State to fulfil obligations — Article 258 TFEU — Decision 2014/699/EU — Principle of sincere cooperation — Article 4(3) TEU — Admissibility — Effects of the conduct criticised on the expiry date of the time limit set in the reasoned opinion — Ongoing effects on the unity and consistency of the European Union’s international action — Sufficiency of the measures taken by the Member State concerned in order to comply with the reasoned opinion — Vote by the Federal Republic of Germany against the Union position laid down in Decision 2014/699/EU at the 25th session of the Intergovernmental Organisation for International Carriage by Rail (OTIF) Revision Committee and opposition expressed by that Member State against that position and the arrangements for the exercise of voting rights as defined in that decision
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 9 January 2019
ECLI:EU:C:2019:3 |
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Judgment of the Court (Fourth Chamber) of 27 March 2019
ECLI:EU:C:2019:256 |
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Case C-680/16 P August Wolff and Remedia v Commission
Appeal — Medicinal products for human use — Directive 2001/83/EC — Article 30(1) — Committee for Medicinal Products for Human Use — Referral of a matter to the committee subject to the absence of a previous national decision — Active substance estradiol — Decision of the European Commission ordering the Member States to revoke or vary marketing authorisations for medicinal products with 0.01% estradiol by weight for topical use
Language of the case: German
| Summary |
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Opinion of Advocate General Mengozzi delivered on 4 October 2018
ECLI:EU:C:2018:819 |
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Judgment of the Court (Fourth Chamber) of 27 March 2019
ECLI:EU:C:2019:257 |
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Case C-236/17 P Canadian Solar Emea and Others v Council
Appeal — Dumping — Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — Definitive anti-dumping duty — Regulation (EC) No 1225/2009 — Article 3(7) — Article 9(4) — Temporal scope of Regulation (EU) No 1168/2012
Language of the case: English
| Summary |
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Opinion of Advocate General Tanchev delivered on 3 October 2018
ECLI:EU:C:2018:793 |
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Judgment of the Court (Fourth Chamber) of 27 March 2019
ECLI:EU:C:2019:258 |
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Case C-237/17 P Canadian Solar Emea and Others v Council
Appeal — Subsidies — Imports of crystalline silicon photovoltaic modules and key components (cells) originating in or consigned from China — Definitive countervailing duty — Regulation (EC) No 597/2009
Language of the case: English
| Summary |
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Judgment of the Court (Fourth Chamber) of 27 March 2019
ECLI:EU:C:2019:259 |
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Case C-545/17 Pawlak v Prezes Kasy Rolniczego Ubezpieczenia Społecznego
Reference for a preliminary ruling – Internal market for postal services – Directives 97/67/EC and 2008/6/EC – Article 7(1) – Definition of ‘exclusive or special rights for the establishment and provision of postal services’ – Article 8 – Right of the Member States to organise the registered mail service used in the course of judicial procedures – Time limit for lodging a procedural document before a court – Interpretation of national law in conformity with EU law – Limits – Direct effect relied on by an emanation of a Member State in proceedings between that emanation and an individual
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 27 November 2018
ECLI:EU:C:2018:955 |
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Judgment of the Court (Fourth Chamber) of 27 March 2019
ECLI:EU:C:2019:260 |
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Case C-578/17 Proceedings brought by Hartwall
Reference for a preliminary ruling — Approximation of laws — Trade marks — Directive 2008/95/EC — Articles 2 and 3(1)(b) — Refusal to register or invalidity — Assessment of distinctive character by reference to the actual situation — Classification of a trade mark — Effect — Colour mark or figurative mark — Graphic representation of a mark submitted as a figurative mark — Conditions for registration — Insufficiently clear and precise graphic representation
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 22 November 2018
ECLI:EU:C:2018:946 |
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Judgment of the Court (Fourth Chamber) of 27 March 2019
ECLI:EU:C:2019:261 |
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Case C-681/17 slewo v Ledowski
Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Article 6(1)(k) and Article 16(e) — Distance contract — Right of withdrawal — Exceptions — Concept of ‘sealed goods which are not suitable for return due to health protection or hygiene reasons and which have been unsealed by the consumer after delivery’ — Mattress whose protective seal has been removed by the consumer after delivery
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 19 December 2018
ECLI:EU:C:2018:1041 |
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Judgment of the Court (Sixth Chamber) of 27 March 2019
ECLI:EU:C:2019:255 |
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Case C-201/18 Mydibel v Belgian State
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Harmonisation of fiscal legislation — Deduction of input tax — Immovable property acquired as capital goods — Sale and lease back — Adjustment of deductions of VAT — Principle of VAT neutrality — Principle of equal treatment
Request for a preliminary ruling from the Cour d'appel de Mons
Language of the case: French
| Summary |
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Judgment of the Court (Seventh Chamber) of 27 March 2019
ECLI:EU:C:2019:254 |
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Case C-405/16 P Germany v Commission
Appeal — State aid — Aid granted by certain provisions of the amended German law concerning renewable energy sources (EEG 2012) — Aid supporting renewable electricity and reduced EEG surcharge for energy-intensive users — Decision declaring the aid partially incompatible with the internal market — Concept of State aid — Advantage — State resources — Public control of resources — Measure which can be assimilated to a levy on electricity consumption
Language of the case: German
| Summary |
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Judgment of the Court (Third Chamber) of 28 March 2019
ECLI:EU:C:2019:268 |
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Joined Cases C-487/17 to C-489/17 Criminal proceedings against Verlezza and Others
Reference for a preliminary ruling — Environment — Directive 2008/98/EC and Decision 2000/532/EC — Waste — Classification as hazardous waste — Waste which may be assigned codes for both hazardous waste and non-hazardous waste
Requests for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 15 November 2018
ECLI:EU:C:2018:915 |
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Judgment of the Court (Tenth Chamber) of 28 March 2019
ECLI:EU:C:2019:270 |
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Case C-637/17 Cogeco Communications v Sport TV Portugal and Others
Reference for a preliminary ruling — Article 102 TFEU — Principles of equivalence and effectiveness — Directive 2014/104/EU — Article 9(1) — Article 10(2) to (4) — Articles 21 and 22 — Actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union — Effects of national decisions — Limitation periods — Transposition — Temporal application
Request for a preliminary ruling from the Tribunal Judicial da Comarca de Lisboa
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Kokott delivered on 17 January 2019
ECLI:EU:C:2019:32 |
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Judgment of the Court (Second Chamber) of 28 March 2019
ECLI:EU:C:2019:263 |
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Case C-60/18 Tallinna Vesi v Keskkonnaamet
Reference for a preliminary ruling — Environment — Waste — Directive 2008/98/EC — Re-use and recovery of waste — Specific end-of-waste criteria for sewage sludge which has undergone recovery treatment — No defined criteria at European Union or national level
Request for a preliminary ruling from the Tallinna Ringkonnakohus
Language of the case: Estonian
| Summary |
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Opinion of Advocate General Kokott delivered on 29 November 2018
ECLI:EU:C:2018:969 |
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Judgment of the Court (Second Chamber) of 28 March 2019
ECLI:EU:C:2019:264 |
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Case C-101/18 Idi v Arcadis
Reference for a preliminary ruling — Coordination of procedures for the award of public works contracts, public supply contracts and public service contracts — Directive 2004/18/EC — Article 45(2), first subparagraph, point (b) — Personal situation of the candidate or tenderer — Possibility for the Member States to exclude from participation in a public contract any operator subject to a procedure for an arrangement with creditors — National legislation providing for the exclusion of persons subject to an ‘ongoing’ procedure for a declaration of admission to an arrangement with creditors, except where the insolvency plan provides for the continuation of the business — Operator having filed an application for an arrangement with creditors, reserving the possibility to submit a plan providing for the continuation of the business
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Tenth Chamber) of 28 March 2019
ECLI:EU:C:2019:267 |
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Case C-275/18 Vinš v Odvolací finanční ředitelství
Reference for a preliminary ruling — Common system of value added tax — Directive 2006/112/EC — Article 131 and Article 146(1)(a) — Exemption for supplies of goods dispatched or transported to a destination outside the European Union — Condition of exemption laid down by national law — Placing of goods under a particular customs procedure — Proof of placing of goods under the export procedure
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Judgment of the Court (Third Chamber) of 28 March 2019
ECLI:EU:C:2019:265 |
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Information (on unpublished decisions)
Case C-693/17 P BMB v EUIPO
Appeal — Community design — Regulation (EC) No 6/2002 — Article 25(1)(e) — Invalidity proceedings — Design representing comfit boxes for sweets — Declaration of invalidity
Case C-728/17 P Commission v Brouillard
Appeal — Civil service — Recruitment — Competitions — Conditions for admission — Diplomas and level of education required — Open competition EPSO/AD/306/15 — Pre-selection of candidates on the basis of their applications — Level of education corresponding to full legal education completed in a Belgian, French, or Luxembourg higher-education institution — ‘Master 2’ diploma (master’s degree) in law, economics and management, private law, lawyer-linguist specialism — Issued following ‘accreditation of skills gained through experience’ — Rejection of the application
Case C-392/18 P Bettani v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Article 19, third and fourth paras of the Statute of the European Court of Justice– Article 119(2) and (3), of the Rules of Procedure of the Court of Justice — Applicant being a lawyer and acting by himself before the Court — Appeal manifestly inadmissible
Case C-689/18 XT v Elliniko Dimosio
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Internal taxation — Prohibition of discriminatory taxation — Luxury tax — Motor vehicles — Exemption from tax depending on the date on which the goods first entered into service in the taxing Member State — No account taken of the date on which the goods first entered into service in another Member State
Case C-666/17 P AlzChem v Commission
Appeal — Access to documents — Regulation (EC) No 1049/2001 — Third indent of Article 4(2) — General presumption of confidentiality of documents relating to an investigation procedure in the field of State aid — Scope
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Judgment of the Court (First Chamber) of 13 March 2019 ECLI:EU:C:2019:196 |
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Case C-428/17 P Meta Group v Commission
Appeal — Arbitration clause — Grant agreements concluded in the context of the Sixth Framework Programme for Research, Technological Development and Demonstration Activities (2002-2006) — Grant agreements concluded in the context of the Competitiveness and Innovation Framework Programme (2007-2013) — Amounts allegedly owed by the European Commission in relation to the performance of those agreements — Outstanding balance of the total amount of the financial contribution granted to the appellant — Contractual liability
Case C-700/18 P Hungary Restaurant Company and Evolution Gaming Advisory v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for annulment — Article 263, sixth paragraph, TFEU — Starting point of the period prescribed for instituting proceedings — Action brought more than two months after the date of publication of the act concerned in the Official Journal of the European Union — Appeal manifestly unfounded
Case C-293/18 CCOO v UGT and Others
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clauses 2 and 3 — Definition of ‘fixed-term worker’ — Clause 4 — Principle of non-discrimination — Comparability of situations — Justification — Compensation in the event of the termination of a permanent employment contract on an objective ground — No compensation on expiry of a fixed-term pre-doctoral employment contract
Case C-733/18 P Sevenfriday v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the word mark SEVENFRIDAY — Opposition proceedings — Rejection of the application for registration — Regulation (EC) No 207/2009 — Article 8(1)(b) — Appeal manifestly inadmissible
Case C-734/18 P Sevenfriday v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the word mark SEVENFRIDAY — Opposition proceedings — Rejection of the application for registration — Regulation (EC) No 207/2009 — Article 8(1)(b) — Appeal manifestly inadmissible
Case C-755/18 P Shindler and Others v Council
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Institutional law — Withdrawal of the United Kingdom from the European Union — Article 50 TEU — Council Decision authorising the opening of negotiations with the United Kingdom with a view to concluding an agreement determining the terms of withdrawal – Loss of citizenship of the Union — Article 263, fourth para., TFEU — Whether directly concerned
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Order of the Court (Fourth Chamber) of 19 March 2019 ECLI:EU:C:2019:221 |
Case C-768/18 P Michal Harvilik - HYDRA v Czech Republic and European Court of Human Rights
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for annulment and for damages — Decision of the European Court of Human Rights concerning the inadmissibility of an action brought against the Czech Republic — Manifest lack of jurisdiction
Joined Cases C-119/18 to C-121/18 Telefónica Móviles España and Others v Tribunal Económico-Administrativo Central
Reference for a preliminary ruling — Directive 2002/20/EC — Article 6(1) and part A of the annex — Authorisation of electronic communications networks and services — Telecommunications operators — Operating in an area greater than an Autonomous Community — Annual financial contribution — Participation in the financing of the Corporación de Radio y Televisión Española
Case C-312/18 P Eco-Bat Technologies and Others v Commission
Appeal — Agreements, decisions and concerted practices — Market for car battery recycling — Decision finding an infringement of Article 101 TFEU and imposing fines — Correcting decision adding the value of purchases of the addressees which were not included in the initial decision — Time limit for bringing an action — Point from which time starts to run — Delay — Inadmissibility
Case C-330/18 P Gollnisch v Parliament
Appeal — European Parliament — Rules governing the payment of expenses and allowances to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid
Case C-462/18 P Troszczynski v Parliament
Appeal — European Parliament — Rules governing the expenses and allowances of Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid
Case C-1/19 P(R) JPMorgan Chase and Others v Commission
Appeal — Application for interim measures — Competition — Euro Interest Rate Derivatives sector — European Commission decision establishing an infringement of Article 101 TFEU — Decision 2011/695/EU — Dismissal of an application for confidential treatment of the decision — Information claimed to be confidential — Publication — Principle of the presumption of innocence — Prima facie case
Case C-4/19 P(R) Crédit agricole and Crédit agricole Corporate and Investment Bank v Commission
Appeal — Application for interim measures — Competition — Euro Interest Rate Derivatives sector — European Commission decision establishing an infringement of Article 101 TFEU — Decision 2011/695/EU — Dismissal of an application for confidential treatment of the decision — Information claimed to be confidential — Publication — Principle of the presumption of innocence — Prima facie case
Case C-427/17 Commission v Ireland (System for collecting and treating waste water)
Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Collection and treatment of urban waste water — Exceptional circumstances — Best technical knowledge not entailing excessive costs — Principle that the costs should be proportionate — Burden of proof — Means of proof
Case C-144/18 P River Kwai International Food Industry v Council
Appeal — Dumping — Definitive anti-dumping duty on imports of certain prepared or preserved sweetcorn in kernels originating in Thailand — Interim review pursuant to Article 11(3) of Regulation (EC) No 1225/2009
April 2019
Joined Cases C-582/17 and C-583/17 Staatssecretaris van Veiligheid en Justitie v H. and R.
Reference for a preliminary ruling — Determination of the Member State responsible for examining an application for international protection — Regulation (EU) No 604/2013 — Article 18(1)(b) to (d) — Article 23(1) — Article 24(1) — Take back procedure — Criteria for determining responsibility — New application lodged in another Member State — Article 20(5) — Ongoing determination process — Withdrawal of the application — Article 27 — Remedies
Requests for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Opinion of Advocate General Sharpston delivered on 29 November 2018
ECLI:EU:C:2018:975 |
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Judgment of the Court (Grand Chamber) of 2 April 2019
ECLI:EU:C:2019:280 |
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Case C-617/17 Powszechny Zakład Ubezpieczeń na Życie v Prezes Urzędu Ochrony Konkurencji i Konsumentów
Reference for a preliminary ruling — Competition — Article 82 EC — Abuse of a dominant position — Regulation (EC) No 1/2003 — Article 3(1) — Application of national competition law — Decision of a national competition authority to impose one fine on the basis of national law and another on the basis of EU law — Charter of Fundamental Rights of the European Union — Article 50 — Principle of ne bis in idem — Whether applicable
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
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Opinion of Advocate General Wahl delivered on 29 November 2018
ECLI:EU:C:2018:976 |
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Judgment of the Court (Fourth Chamber) of 3 April 2019
ECLI:EU:C:2019:283 |
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Case C-266/18 Aqua Med v Skóra
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Article 1(2) — Scope of the directive — Contractual term conferring territorial jurisdiction on the court determined pursuant to the general rules — Article 6(1) — Review of unfairness of the court’s own motion — Article 7(1) — Obligations and powers of the national court
Request for a preliminary ruling from the Sąd Okręgowy w Poznaniu
Language of the case: Polish
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Judgment of the Court (First Chamber) of 3 April 2019
ECLI:EU:C:2019:282 |
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Case C-501/17 Germanwings v Pauels
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 5(3) — Compensation to passengers in the event of denied boarding and of cancellation or long delay of flights — Scope — Exemption from the obligation to pay compensation — Notion of ‘extraordinary circumstances’ — Damage to an aircraft tyre caused by a foreign object lying on an airport runway
Request for a preliminary ruling from the Landgericht Köln
Language of the case: German
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Opinion of Advocate General Tanchev delivered on 22 November 2018
ECLI:EU:C:2018:945 |
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Judgment of the Court (Third Chamber) of 4 April 2019
ECLI:EU:C:2019:288 |
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Case C-558/17 P OZ v EIB
Appeal — Civil service — Staff of the European Investment Bank (EIB) — Sexual harassment — Investigation carried out in the context of the ‘Dignity at work’ programme — Rejection of a complaint alleging harassment — Application for annulment of the decision of the President of the EIB rejecting the complaint — Compensation for damage
Language of the case: English
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Opinion of Advocate General Kokott delivered on 21 November 2018
ECLI:EU:C:2018:930 |
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Judgment of the Court (Third Chamber) of 4 April 2019
ECLI:EU:C:2019:289 |
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Case C-699/17 Proceedings brought by Allianz Vorsorgekasse
Reference for a preliminary ruling — Public procurement — Conclusion of accession agreements with an occupational provident fund responsible for managing contributions of occupational solidarity — Conclusion requiring the agreement of employees or their representatives — Directive 2014/24/EU — Articles 49 and 56 TFEU — Principles of equal treatment and of non-discrimination — Obligation of transparency
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Judgment of the Court (Ninth Chamber) of 4 April 2019
ECLI:EU:C:2019:290 |
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Case C-214/18 Proceedings brought by H.W.
Reference for a preliminary ruling — Directive 2006/112/EC — Value added tax (VAT) — Court enforcement officer — Enforcement — Fees laid down by law — Administrative practice of the competent national authorities considering those fees to be inclusive of VAT — Principles of neutrality and proportionality
Request for a preliminary ruling from the Sąd Rejonowy w Sopocie Wydział I Cywilny
Language of the case: Polish
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Judgment of the Court (Eighth Chamber) of 10 April 2019
ECLI:EU:C:2019:301 |
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Case C-282/18 P The Green Effort v EUIPO
Appeal — EU trade mark — Appeals procedure — Time limits — Electronic notification — Calculation of time limits
Language of the case: English
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Judgment of the Court (Sixth Chamber) of 10 April 2019
ECLI:EU:C:2019:300 |
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Joined Cases C-473/17 and C-546/17 Repsol Butano and DISA Gas v Administración del Estado
Reference for a preliminary ruling — Energy — Liquefied petroleum gas (LPG) sector — Consumer protection — Requirement of general economic interest — Maximum price of a bottle of gas — Home delivery obligation — Article 106 TFEU — Directives 2003/55/EC, 2009/73/EC and 2006/123/EC — Interpretation of the judgment of 20 April 2010, Federutility and Others (C‑265/08, EU:C:2010:205) — Principle of proportionality
Requests for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Opinion of Advocate General Tanchev delivered on 5 December 2018
ECLI:EU:C:2018:983 |
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Judgment of the Court (First Chamber) of 11 April 2019
ECLI:EU:C:2019:308 |
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Case C-483/17 Tarola v Minister for Social Protection
Reference for a preliminary ruling — Citizenship of the Union — Freedom of movement for persons — Directive 2004/38/EC — Right of free movement and residence within the territory of the Member States — Article 7(1)(a) — Employees and self-employed persons — Article 7(3)(c) — Right of residence for more than 3 months — National of a Member State who has worked in an employed capacity in another Member State for a period of 2 weeks — Involuntary unemployment — Retention of the status of worker for no less than 6 months — Entitlement to jobseeker’s allowance
Request for a preliminary ruling from the Court of Appeal (Ireland)
Language of the case: English
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Opinion of Advocate General Szpunar delivered on 15 November 2018
ECLI:EU:C:2018:919 |
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Judgment of the Court (Third Chamber) of 11 April 2019
ECLI:EU:C:2019:309 |
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Case C-603/17 Bosworth and Hurley v Arcadia Petroleum and Others
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Lugano II Convention — Jurisdiction and recognition and enforcement of judgments in civil and commercial matters — Title II, Section 5 (Articles 18 to 21) — Jurisdiction over individual contracts of employment
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
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Opinion of Advocate General Saugmandsgaard Øe delivered on 24 January 2019
ECLI:EU:C:2019:65 |
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Judgment of the Court (First Chamber) of 11 April 2019
ECLI:EU:C:2019:310 |
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Case C-638/17 Proceedings brought by Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling — Structure and rates of excise duty applied to manufactured tobacco — Directive 2011/64/EU — Article 4(1)(a) — Concept of ‘cigars or cigarillos’ — Rolls of tobacco with an outer wrapper of natural tobacco which is partially covered by an additional paper layer
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
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Judgment of the Court (Fifth Chamber) of 11 April 2019
ECLI:EU:C:2019:316 |
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Case C-690/17 ÖKO-Test Verlag v Dr. Rudolf Liebe Nachf.
Reference for a preliminary ruling — Intellectual property — Trade marks — Regulation (EC) No 207/2009 — Article 9(1) — Directive 2008/95/EC — Article 5(1) and (2) — Rights afforded by a trade mark — Individual trade mark consisting of a quality label
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 17 January 2019
ECLI:EU:C:2019:39 |
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Judgment of the Court (Fifth Chamber) of 11 April 2019
ECLI:EU:C:2019:317 |
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Case C-691/17 PORR Építési Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling — Taxation — Common system of value added tax — Directive 2006/112/EC — Right to deduct value added tax (VAT) paid as input tax — Article 199(1)(a) — Reverse charge procedure — Undue payment of the tax by the recipient of services to the suppliers on the basis of an invoice drawn up incorrectly according to the rules on ordinary taxation — Tax authority’s decision holding that the recipient of services has an outstanding tax liability and refusing a claim for deduction — No examination by the tax authority of the possibility of reimbursement of the tax
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
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Judgment of the Court (Tenth Chamber) of 11 April 2019
ECLI:EU:C:2019:327 |
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Joined Cases C-29/18, C-30/18 and C-44/18 Cobra Servicios Auxiliares v Sánchez Iglesias and Others
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Concept of ‘employment conditions’ — Comparable situations — Justification — Concept of ‘objective grounds’ — Compensation in the event of termination of an employment contract of indefinite duration on an objective ground — Lesser amount of compensation paid on expiry of an employment contract ‘for a specific task or service’
Requests for a preliminary ruling from the Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
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Judgment of the Court (Second Chamber) of 11 April 2019
ECLI:EU:C:2019:315 |
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Case C-131/18 Gambietz v Ziegler
Reference for a preliminary ruling — Law on undertakings — Combating late payment in commercial transactions — Directive 2011/7/EU — Article 6 — Compensation for recovery costs — Payment of a fixed sum and of reasonable compensation — Deduction of fixed sum from the costs of instructing a lawyer prior to bringing proceedings before a court
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Order of the Court (Tenth Chamber) of 11 April 2019
ECLI:EU:C:2019:306 |
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Case C-254/18 Syndicat des cadres de la sécurité intérieure v Premier ministre and Others
Reference for a preliminary ruling — Directive 2003/88/EC — Organisation of working time — Protection of the safety and health of workers — Maximum weekly working time — Reference period — Rolling or fixed nature — Derogation — Police officers
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Pitruzzella delivered on 28 February 2019
ECLI:EU:C:2019:153 |
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Judgment of the Court (Second Chamber) of 11 April 2019
ECLI:EU:C:2019:318 |
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Case C-288/18 X v Staatssecretaris van Financiën (Tariff classification – large flat-screen monitors)
Reference for a preliminary ruling – Common Customs Tariff – Classification of goods – Combined Nomenclature – Subheadings 8528 51 00 and 8528 59 40 – LCD flat panel monitors capable of displaying signals from automatic data-processing systems – Agreement on trade in information technology products
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Judgment of the Court (Tenth Chamber) of 11 April 2019
ECLI:EU:C:2019:319 |
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Case C-295/18 Mediterranean Shipping Company (Portugal) - Agentes de Navegação v Banco Comercial Português and Caixa Geral de Depósitos
Reference for a preliminary ruling — Payment services in the internal market — Directive 2007/64/EC — Articles 2 and 58 — Scope — Payment service user — Meaning — Execution of a direct-debit payment order issued by a third party in respect of an account of which that party is not the holder — No authorisation from the holder of the debited account — Unauthorised payment transactions
Request for a preliminary ruling from the Tribunal da Relação do Porto
Language of the case: Portuguese
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Judgment of the Court (Tenth Chamber) of 11 April 2019
ECLI:EU:C:2019:320 |
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Case C-464/18 ZX v Ryanair
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Determination of the court having jurisdiction to hear an application for compensation in respect of a delayed flight — Article 7(5) — Operations of a branch — Article 26 — Implied prorogation — Requirement that the defendant enter an appearance
Request for a preliminary ruling from the Juzgado de lo Mercantil n° 1 de Gerona
Language of the case: Spanish
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Judgment of the Court (Sixth Chamber) of 11 April 2019
ECLI:EU:C:2019:311 |
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Opinion 1/17 EU-Canada CET Agreement
Opinion pursuant to Article 218(11) TFEU — Comprehensive Economic and Trade Agreement between Canada, of the one part, and the European Union and its Member States, of the other part (CETA) — Investor-State Dispute Settlement (ISDS) — Establishment of a Tribunal and an Appellate Tribunal — Compatibility with primary EU law — Requirement to respect the autonomy of the EU legal order — Level of protection of public interests determined, in accordance with the EU constitutional framework, by the EU institutions –– Equal treatment of Canadian investors and EU investors — Charter of Fundamental Rights of the European Union — Article 20 — Access to the above Tribunals and their independence — Article 47 of the Charter — Financial accessibility — Commitment to guarantee that accessibility for natural persons and small and medium-sized enterprises — External and internal aspects of the requirement of independence — Appointment, remuneration and ethics of the Members — Role of the CETA Joint Committee — Binding interpretations of the CETA determined by that Committee
Language of the case: French
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Opinion of Advocate General Bot delivered on 29 January 2019
ECLI:EU:C:2019:72 |
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Opinion of the Court (Full Court) of 30 April 2019
ECLI:EU:C:2019:341 |
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Joined Cases C-297/17, C-318/17, C-319/17 and C-438/17 Ibrahim and Others v Bundesrepublik Deutschland and Bundesrepublik Deutschland v Magamadov
Requests for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
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Rectification order of 30 April 2019
ECLI:EU:C:2019:342 |
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Case C-611/17 Italy v Council (Fishing quota for Mediterranean swordfish)
Actions for annulment — Common fisheries policy — Conservation of resources — International Convention for the Conservation of Atlantic Tunas — Total allowable catch (TAC) for Mediterranean swordfish — Regulation (EU) 2017/1398 — Fixing of fishing opportunities for 2017 — Exclusive competence of the European Union — Determination of the reference period — Reliability of the basic facts — Scope of judicial review — Article 17 TEU — Management of the EU’s interests within international bodies — Principle of relative stability — Conditions under which applicable — Principles of non-retroactivity, legal certainty, legitimate expectation and non-discrimination
Language of the case: Italian
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Judgment of the Court (Grand Chamber) of 30 April 2019
ECLI:EU:C:2019:332 |
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Information (on unpublished decisions)
Case C-139/18 P CJ v ECDC
Appeal — Civil service — Member of the contract staff — European Centre for Disease Prevention and Control (ECDC) — Appraisal report — 2011 Appraisal exercise — Application for annulment of the decision closing the appraisal report
Case C-545/18 Proceedings brought by DP and Finanzamt Linz (Austrian legislation on games of chance)
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Principles of EU law — Primacy — National rules requiring the lower courts to follow the interpretation of the higher courts — Restriction of the matters referred to the higher courts to the assessment of points of law and of the pleas raised before the lower courts
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Order of the Court (Eighth Chamber) of 4 April 2019 ECLI:EU:C:2019:286 |
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Case C-61/16 P-DEP Giant (China) v EBMA
Taxation of costs
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Order of the Court (Ninth Chamber) of 10 April 2019 ECLI:EU:C:2019:298 |
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Case C-834/18 Rolibérica v Autoridade para as Condições do Trabalho
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Road transport — Regulation (EC) No 561/2006 — Article 4(i) — Concept of ‘week’ — Weekly rest periods — Calculation methods
Case C-646/18 OD v Ryanair
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Determination of the court having jurisdiction to hear an application for compensation in respect of a delayed flight — Article 26 — Implied prorogation — Requirement that the defendant enter an appearance
Case C-657/18 Hrvatska radiotelevizija v TY
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Judicial cooperation in civil matters — Regulation (EC) No 805/2004 — European Enforcement Order — Notaries acting in enforcement proceedings based on an authentic document — Ex parte proceedings — Article 18 TFEU — Reverse discrimination — Lack of connection to EU law — Manifest lack of jurisdiction of the Court
Case C-680/18 HJ v II
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Law applicable to maintenance obligations — Regulation (EC) No 4/2009 — Hague Protocol — Insufficient statement of reasons which led the referring court to have doubts as to the interpretation of EU law — Manifest inadmissibility
Case C-794/18 P Pracsis and Conceptexpo Project v Commission and EACEA
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Public supply contracts — Action for annulment — Concept of a ‘purely confirmatory measure’ — Manifest error of assessment — Distortion of the facts
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Order of the Court (Seventh Chamber) of 11 April 2019 ECLI:EU:C:2019:305 |
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Case C-26/19 Azienda USL di Modena v Comune di Sassuolo
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — State aid — National health service — Exemption from property tax — Immovable property leased to a commercial company constituted with blended capital active in the health sector in competition with other healthcare establishments exclusively constituted with private capital
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Order of the Court (Seventh Chamber) of 30 April 2019 ECLI:EU:C:2019:331 |
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May 2019
Case C-598/17 A-Fonds v Inspecteur van de Belastingdienst
Reference for a preliminary ruling — Existing aid and new aid — Concept of new aid — Refund of dividend tax — Scheme widened to companies established outside the Member State concerned — Free movement of capital — Obligations of national courts
Request for a preliminary ruling from the Gerechtshof 's-Hertogenbosch
Language of the case: Dutch
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Opinion of Advocate General Saugmandsgaard Øe delivered on 19 December 2018
ECLI:EU:C:2018:1037 |
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Judgment of the Court (First Chamber) of 2 May 2019
ECLI:EU:C:2019:352 |
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Case C-614/17 Fundación Consejo Regulador de la Denominación de Origen Protegida Queso Manchego v Industrial Quesera Cuquerella and Cuquerella Montagud
Reference for a preliminary ruling — Agriculture — Regulation (EC) No 510/2006 — Article 13(1)(b) — Protection of geographical indications and designations of origin for agricultural products and foodstuffs — Manchego cheese (‘queso manchego’) — Use of signs capable of evoking the region with which a protected designation of origin (PDO) is associated — Concept of the ‘average consumer who is reasonably well informed and reasonably observant and circumspect’ — European consumers or consumers of the Member State in which the product covered by the PDO is made and mainly consumed
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Opinion of Advocate General Pitruzzella delivered on 10 January 2019
ECLI:EU:C:2019:11 |
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Judgment of the Court (Fourth Chamber) of 2 May 2019
ECLI:EU:C:2019:344 |
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Case C-694/17 Pillar Securitisation v Arnadottir
Reference for a preliminary ruling — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Lugano II Convention — Article 15 — Contract concluded by a consumer — Relationship with Directive 2008/48/EC — Consumer credit agreements — Articles 2 and 3 — Concepts of ‘consumer’ and of ‘transactions covered by the directive’ — Maximum amount of credit — Irrelevant for the purposes of Article 15 of the Lugano II Convention
Request for a preliminary ruling from the Cour de cassation (Luxembourg)
Language of the case: French
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Opinion of Advocate General Szpunar delivered on 22 January 2019
ECLI:EU:C:2019:44 |
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Judgment of the Court (Third Chamber) of 2 May 2019
ECLI:EU:C:2019:345 |
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Case C-98/18 T. Boer & Zonen v Staatssecretaris van Economische Zaken
Reference for a preliminary ruling — Protection of health — Hygiene package — Regulation (EC) No 853/2004 — Hygiene of food of animal origin — Rules for food business operators — Specific requirements — Meat of domestic ungulates — Storage and transport — Requirements for the temperature of the meat
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
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Judgment of the Court (Ninth Chamber) of 2 May 2019
ECLI:EU:C:2019:355 |
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Case C-133/18 Sea Chefs Cruise Services v Ministre de l'Action et des Comptes publics
Reference for a preliminary ruling — Value added tax (VAT) — Refund of VAT — Directive 2008/9/EC — Article 20 — Request for additional information made by the Member State of refund — Information to be provided within 1 month of the date on which the request reaches the person to whom it is addressed — Legal nature of that time limit and consequences of the failure to comply with it
Request for a preliminary ruling from the Tribunal administratif de Montreuil
Language of the case: French
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Opinion of Advocate General Hogan delivered on 17 January 2019
ECLI:EU:C:2019:37 |
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Judgment of the Court (Third Chamber) of 2 May 2019
ECLI:EU:C:2019:354 |
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Case C-224/18 Budimex v Minister Finansów
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 66 — Chargeable event and chargeability of the tax — Time of the supply of the services — Construction and installation work — Taking into account the time of the acceptance of the work stipulated in the contract for the supply of services
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Judgment of the Court (Seventh Chamber) of 2 May 2019
ECLI:EU:C:2019:347 |
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Case C-225/18 Grupa Lotos v Minister Finansów
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Deduction of input tax — Sixth Directive 77/388/EEC — Article 17(2) and (6) — Directive 2006/112/EC — Articles 168 and 176 — Exclusion from the right to deduct — Purchase of overnight accommodation and catering services — Standstill clause — Accession to the European Union
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Judgment of the Court (Eighth Chamber) of 2 May 2019
ECLI:EU:C:2019:349 |
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Case C-259/18 Sociedad Estatal Correos y Telégrafos v Asendia Spain
Reference for a preliminary ruling — Directive 97/67/EC — Common rules for the development of the internal market in postal services — Provision of the universal postal service — Exclusive rights of the designated operator — Issue of means of payment for postage other than postage stamps
Request for a preliminary ruling from the Juzgado de lo Mercantil de Madrid
Language of the case: Spanish
| Summary |
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Judgment of the Court (Eighth Chamber) of 2 May 2019
ECLI:EU:C:2019:346 |
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Case C-265/18 Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos v Jarmuškienė
Reference for a preliminary ruling — Harmonisation of fiscal legislation — Common system of value added tax (VAT) — Directive 2006/112/EC — Special scheme for small enterprises — Articles 282 to 292 — VAT exemption for small enterprises whose annual turnover is below the fixed threshold — Simultaneous supply of two items of immovable property in a single transaction — Annual turnover limit exceeded in view of the sale price of one of the two items of property — Obligation to pay tax on the total value of the transaction
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
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Judgment of the Court (Tenth Chamber) of 2 May 2019
ECLI:EU:C:2019:348 |
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Case C-268/18 Onlineshop v ANAF and Direcţia Generală a Vămilor
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Subheadings 8526 91 20 and 8528 59 00 — Multi-functional GPS navigation system
Request for a preliminary ruling from the Curtea de Apel Bacău
Language of the case: Romanian
| Summary |
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Judgment of the Court (Tenth Chamber) of 2 May 2019
ECLI:EU:C:2019:353 |
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Case C-294/18 Proceedings brought by Oulun Sähkönmyynti
Reference for a preliminary ruling — Energy efficiency — Directive 2012/27/EU — Article 11(1) — Cost of access to metering and billing information — Right of final customers to receive all their bills and billing information relating to their energy consumption free of charge — Electricity network charges — Discount on electricity network charges granted by an electricity retail sales company to customers who have chosen electronic billing
Request for a preliminary ruling from the Markkinaoikeus
Language of the case: Finnish
| Summary |
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Judgment of the Court (Tenth Chamber) of 2 May 2019
ECLI:EU:C:2019:351 |
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Case C-309/18 Lavorgna v Comune di Montelanico and Others
Reference for a preliminary ruling — Public procurement — Directive 2014/24/EU — Labour costs — Automatic exclusion of tenderer where those costs were not listed separately in the tender — Principle of proportionality
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
| Summary |
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Judgment of the Court (Ninth Chamber) of 2 May 2019
ECLI:EU:C:2019:350 |
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Case C-431/17 Monachos Eirinaios v Dikigorikos Syllogos Athinon
Reference for a preliminary ruling — Directive 98/5/EC — Access to the profession of lawyer — Monk who has obtained the professional qualification of lawyer in a Member State other than the host Member State — Article 3(2) — Condition requiring registration with the competent authority of the host Member State — Certificate attesting to registration with the competent authority of the home Member State — Refusal to register — Rules of professional conduct — Incompatibility of the status of monk with practice of the profession of lawyer
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
| Summary |
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Opinion of Advocate General Sharpston delivered on 19 December 2018
ECLI:EU:C:2018:1028 |
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Judgment of the Court (Grand Chamber) of 7 May 2019
ECLI:EU:C:2019:368 |
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Case C-24/17 Österreichischer Gewerkschaftsbund v Republik Österreich
Reference for a preliminary ruling — Social policy — Prohibition of all discrimination on grounds of age — Directive 2000/78/EC — Exclusion of professional experience obtained before the age of 18 — New system of remuneration and advancement — Maintenance of the difference in treatment — Freedom of movement for workers — Article 45 TFEU — Regulation (EU) No 492/2011 — Article 7(1) — National legislation providing for account to be taken of a proportion of previous periods of service
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 6 December 2018
ECLI:EU:C:2018:992 |
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Judgment of the Court (First Chamber) of 8 May 2019
ECLI:EU:C:2019:373 |
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Case C-396/17 Leitner v Landespolizeidirektion Tirol
Reference for a preliminary ruling — Social policy — Prohibition of all discrimination on grounds of age — Directive 2000/78/EC — Exclusion of professional experience acquired before the age of 18 — New system of remuneration and advancement — Maintaining a difference in treatment — Right to an effective remedy — Article 47 of the Charter of Fundamental Rights of the European Union — Justifications
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 6 December 2018
ECLI:EU:C:2018:993 |
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Judgment of the Court (First Chamber) of 8 May 2019
ECLI:EU:C:2019:375 |
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Case C-450/17 P Landeskreditbank Baden-Württemberg v ECB
Appeal — Economic and monetary policy — Regulation (EU) No 1024/2013 — Article 6(4) — Regulation (EU) No 468/2014 — Article 70(1) — Prudential supervision of credit institutions — Tasks conferred on the European Central Bank (ECB) — Single supervisory mechanism — Performance of those tasks by the national competent authorities — ‘Less significant’ credit institution — ‘Particular circumstances’ justifying a credit institution being considered ‘less significant’
Language of the case: German
| Summary |
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Opinion of Advocate General Hogan delivered on 5 December 2018
ECLI:EU:C:2018:982 |
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Judgment of the Court (First Chamber) of 8 May 2019
ECLI:EU:C:2019:372 |
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Case C-494/17 MIUR v Rossato and Conservatorio di Musica F.A. Bonporti
Reference for a preliminary ruling — Social policy — Fixed-term work — Contracts concluded with a public sector employer — Measures to penalise misuse of fixed-term employment contracts — Conversion of the employment relationship into a relationship of indefinite duration — Limitation on the retroactive effect of the conversion –No financial remedies
Request for a preliminary ruling from the Corte di Appello di Trento
Language of the case: Italian
| Summary |
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Opinion of Advocate General Szpunar delivered on 6 December 2018
ECLI:EU:C:2018:994 |
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Judgment of the Court (First Chamber) of 8 May 2019
ECLI:EU:C:2019:387 |
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Case C-566/17 Związek Gmin Zagłębia Miedziowego v Szef Krajowej Administracji Skarbowej
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 168(a) — Deduction of input tax — Principle of VAT neutrality — Taxable person carrying out both economic and non-economic activities — Goods and services acquired for the purpose of carrying out both transactions subject to VAT and transactions not subject to VAT — Lack of apportionment criteria in national legislation — Principle of fiscal legality
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu
Language of the case: Polish
| Summary |
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Opinion of Advocate General Sharpston delivered on 6 December 2018
ECLI:EU:C:2018:995 |
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Judgment of the Court (Second Chamber) of 8 May 2019
ECLI:EU:C:2019:390 |
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Case C-568/17 Staatssecretaris van Financiën v Geelen
Reference for a preliminary ruling — Value added tax (VAT) — Sixth Directive 77/388/EEC — Article 9(2)(c) and (e) — Directive 2006/112/EC — Article 52(a) — Article 56(1)(k) — Supply of services — Place of taxable transactions — Reference for tax purposes — Live interactive erotic webcam sessions — Entertainment activity — Definition — Place where the services are physically carried out
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 12 February 2019
ECLI:EU:C:2019:109 |
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Judgment of the Court (First Chamber) of 8 May 2019
ECLI:EU:C:2019:388 |
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Case C-580/17 Järvelaev v Põllumajanduse Registrite ja Informatsiooni Amet
Reference for a preliminary ruling — Common agricultural policy — Support for rural development by the European Agricultural Fund for Rural Development (EAFRD) — Regulation (EC) No 1698/2005 — Applicability ratione temporis — Article 72 — Durability of investment operations — Substantial modification to a co-financed investment operation — Asset acquired by means of an investment operation co-financed by the EAFRD and leased by the beneficiary of the funding to another — Financing, management and monitoring of the common agricultural policy — Regulation (EC) No 1306/2013 — Articles 54 and 56 — Obligation of the Member States to recover sums unduly paid as a result of irregularity or negligence — Concept of ‘irregularity’ — Initiation of recovery proceedings
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
| Summary |
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Judgment of the Court (Tenth Chamber) of 8 May 2019
ECLI:EU:C:2019:391 |
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Case C-631/17 SF v Inspecteur van de Belastingdienst
Reference for a preliminary ruling — Social security for migrant workers — Regulation (EC) No 883/2004 — Article 11(3)(e) — National of a Member State employed as a seaman on board a vessel flying the flag of a third State — Employer established in a Member State other than the worker’s State of residence — Determination of the applicable legislation
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Judgment of the Court (Third Chamber) of 8 May 2019
ECLI:EU:C:2019:381 |
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Case C-712/17 EN.SA. v Agenzia delle Entrate – Direzione Regionale Lombardia Ufficio Contenzioso
Reference for a preliminary ruling — Value added tax (VAT) — Fictitious transactions — Impossibility of deducting the tax — Obligation on the issuer of an invoice to pay the VAT indicated thereon — Fine in an amount equal to the amount of the improperly deducted VAT — Whether compatible with the principles of VAT neutrality and proportionality
Request for a preliminary ruling from the Commissione Tributaria Regionale per la Lombardia
Language of the case: Italian
| Summary |
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Opinion of Advocate General Kokott delivered on 17 January 2019
ECLI:EU:C:2019:35 |
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Judgment of the Court (First Chamber) of 8 May 2019
ECLI:EU:C:2019:374 |
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Case C-25/18 Kerr v Postnov and Postnova
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Regulation (EU) No 1215/2012 — Article 7(1)(a) — Special jurisdiction in matters relating to contract — Concept of ‘matters relating to a contract’ — Decision of the general meeting of the owners of property in a building — Obligation of the owners to pay annual financial contributions to the budget of the association of property owners as determined by that decision — Legal action seeking enforcement of that decision — Law applicable to contractual obligations — Regulation (EC) No 593/2008 — Article 4(1)(b) and (c) — Concepts of ‘contract for the provision of services’ and ‘a contract relating to a right in rem in immovable property’ — Decision of the general meeting of the owners of property in a building relating to maintenance costs for communal areas
Request for a preliminary ruling from the Okrazhen sad - Blagoevgrad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Kokott delivered on 31 January 2019
ECLI:EU:C:2019:86 |
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Judgment of the Court (First Chamber) of 8 May 2019
ECLI:EU:C:2019:376 |
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Case C-53/18 Mastromartino v Consob
Reference for a preliminary ruling — Markets in financial instruments — Directive 2004/39/EC — Articles 8, 23, 50 and 51 — Scope — Financial adviser authorised to provide offsite services — Staff member who has become a defendant in criminal proceedings — National legislation providing for the possibility of temporarily prohibiting the exercise of the activity — Fundamental freedoms — Purely internal situation — Not applicable
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
| Summary |
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Judgment of the Court (Second Chamber) of 8 May 2019
ECLI:EU:C:2019:380 |
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Case C-127/18 A-PACK CZ v Odvolací finanční ředitelství
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Articles 90 and 273 — Total or partial non-payment, by the debtor, of a sum due to the taxable person in respect of a transaction subject to VAT — Taxable amount — Reduction — Principles of fiscal neutrality and proportionality
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Judgment of the Court (First Chamber) of 8 May 2019
ECLI:EU:C:2019:377 |
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Case C-161/18 Villar Láiz v INSS and TGSS
Reference for a preliminary ruling — Equal treatment for men and women in matters of social security — Directive 79/7/EEC — Article 4 — Prohibition of any discrimination on the ground of sex — Indirect discrimination — Part-time work — Calculation of retirement pension
Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León
Language of the case: Spanish
| Summary |
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Judgment of the Court (Third Chamber) of 8 May 2019
ECLI:EU:C:2019:382 |
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Case C-194/18 Dodič v Banka Koper and Alta Invest
Reference for a preliminary ruling — Social policy — Transfers of undertakings — Directive 2001/23/EC — Article 1(1) — Scope — Criteria for assessment of the transfer — Transfer of clients — Transfer of all the financial services of a bank, excluding staff, to a stock brokering company
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
| Summary |
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Judgment of the Court (Ninth Chamber) of 8 May 2019
ECLI:EU:C:2019:385 |
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Case C-230/18 PI v Landespolizeidirektion Tirol
Reference for a preliminary ruling — Article 49 TFEU — Article 15(2) and Article 16 of the Charter of Fundamental Rights of the European Union — Freedom of establishment and freedom to provide services — Restriction — Decision to immediately close a commercial enterprise — No statement of reasons — Overriding reasons in the public interest –Prevention of criminal offences against persons engaged in prostitution — Protection of public health — Proportionality of the restriction on the freedom of establishment — Articles 47 and 48 of the Charter of Fundamental Rights — Effectiveness of judicial review — Rights of defence — General principle of the right to good administration
Request for a preliminary ruling from the Landesverwaltungsgericht Tirol
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 8 May 2019
ECLI:EU:C:2019:383 |
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Case C-243/18 P Joint undertaking Fusion for Energy v Galocha
Appeal – Civil service – Officials – Competition – Judgment annulling a decision – Extent of the annulment – Weighing up of interests involved – Annulment of reserve lists – Annulment of the decisions to appoint successful candidates from those lists
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Bobek delivered on 29 January 2019
ECLI:EU:C:2019:73 |
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Judgment of the Court (First Chamber) of 8 May 2019
ECLI:EU:C:2019:378 |
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Case C-253/18 Stadt Euskirchen v Rhenus Veniro
Reference for a preliminary ruling – Transport – Public passenger transport services by rail and by road – Regulation (EC) No 1370/2007 – Article 5(1) and (2) – Direct award – Contracts for public passenger transport services by bus and by tram – Conditions – Directive 2014/24/EU – Article 12 – Directive 2014/25/EU – Article 28
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Judgment of the Court (Tenth Chamber) of 8 May 2019
ECLI:EU:C:2019:386 |
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Case C-305/18 VAS and Movimento Legge Rifiuti Zero per l'Economia Circolare v Presidente del Consiglio dei Ministri and Others
Reference for a preliminary ruling — Environment — Directive 2008/98/EC — Disposal or recovery of waste — Establishment of an integrated waste management system guaranteeing national self-sufficiency — Construction of incineration facilities or increase in capacity of existing facilities — Classification of incineration facilities as ‘strategic infrastructure and installations of major national importance’ — Compliance with the ‘waste hierarchy’ principle — Directive 2001/42/EC — Need to carry out an ‘environmental assessment’
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
| Summary |
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Judgment of the Court (Sixth Chamber) of 8 May 2019
ECLI:EU:C:2019:384 |
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Case C-486/18 RE v Praxair MRC
Reference for a preliminary ruling — Social policy — Directive 96/34/EC — Framework agreement on parental leave — Clause 2.6 — Worker employed full-time and for indefinite duration on part-time parental leave — Dismissal — Compensation payment for dismissal and redeployment leave allowance — Method of calculation — Article 157 TFEU — Equal pay for male and female workers — Part-time parental leave taken primarily by female workers — Indirect discrimination — Objective factors unrelated to any sex discrimination — None
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Judgment of the Court (First Chamber) of 8 May 2019
ECLI:EU:C:2019:379 |
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Joined Cases C-391/16, C-77/17 and C-78/17 M and Others v Commissaire général aux réfugiés et aux apatrides (Revocation of refugee status)
Reference for a preliminary ruling — Area of freedom, security and justice — Asylum policy — International protection — Directive 2011/95/EU — Refugee status — Article 14(4) to (6) — Refusal to grant or revocation of refugee status in the event of danger to the security or the community of the host Member State — Validity — Article 18 of the Charter of Fundamental Rights of the European Union — Article 78(1) TFEU — Article 6(3) TEU — Geneva Convention
Requests for a preliminary ruling from the Nejvyšší správní soud and Conseil du Contentieux des Étrangers
Languages of the case: Czech and French
| Summary |
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Opinion of Advocate General Wathelet delivered on 21 June 2018
ECLI:EU:C:2018:486 |
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Judgment of the Court (Grand Chamber) of 14 May 2019
ECLI:EU:C:2019:403 |
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Case C-55/18 CCOO v Deutsche Bank
Reference for a preliminary ruling — Social policy — Protection of the safety and health of workers — Organisation of working time — Article 31(2) of the Charter of Fundamental Rights of the European Union — Directive 2003/88/EC — Articles 3 and 5 — Daily and weekly rest — Article 6 — Maximum weekly working time — Directive 89/391/EEC — Safety and health of workers at work — Requirement to set up a system enabling the duration of time worked each day by each worker to be measured
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 31 January 2019
ECLI:EU:C:2019:87 |
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Judgment of the Court (Grand Chamber) of 14 May 2019
ECLI:EU:C:2019:402 |
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Case C-341/17 P Greece v Commission
Appeal — Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), European Agricultural Guarantee Fund (EAGF) and European Agricultural Fund for Rural Development (EAFRD) — Expenditure excluded from EU financing — Expenditure incurred by the Hellenic Republic — Regulation (EC) No 1782/2003 — Regulation (EC) No 796/2004 — Area-related aid scheme — Concept of ‘permanent pasture’ — Flat-rate financial corrections — Deduction of earlier correction
Language of the case: Greek
| Summary |
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Opinion of Advocate General Kokott delivered on 5 December 2018
ECLI:EU:C:2018:981 |
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Judgment of the Court (Eighth Chamber) of 15 May 2019
ECLI:EU:C:2019:409 |
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Case C-653/17 P VM Vermögens-Management v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Regulation (EU) 2015/2424 — Invalidity proceedings — Word mark Vermögensmanufaktur — Declaration of invalidity — Right to a fair hearing — Examination of the facts by EUIPO of its own motion — Retrospectivity — Jurisdiction of the General Court — Statement of reasons for judgments
Language of the case: German
| Summary |
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Judgment of the Court (Fifth Chamber) of 15 May 2019
ECLI:EU:C:2019:406 |
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Case C-677/17 Çoban v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen
Reference for a preliminary ruling — EEC-Turkey Association Agreement — Additional Protocol — Article 59 — Decision No 3/80 — Social security for migrant workers — Waiver of residence clauses — Article 6 — Invalidity benefit — Withdrawal — Regulation (EC) No 883/2004 — Special non-contributory cash benefits — Residence condition — Directive 2003/109/EC — Long-term resident status
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 28 February 2019
ECLI:EU:C:2019:151 |
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Judgment of the Court (First Chamber) of 15 May 2019
ECLI:EU:C:2019:408 |
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Case C-706/17 Achema and Others v Valstybinė kainų ir energetikos kontrolės komisija
Reference for a preliminary ruling — State aid — Concept of ‘aid granted by a Member State or through State resources’ — Measures intended to compensate providers of public interest services in the electricity sector — Concept of aid ‘affecting trade between Member States’ and ‘distorting or threatening to distort competition’ — Concept of ‘selective advantage’ — Service of general economic interest — Offsetting of costs involved in the discharging of public service obligations
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Wahl delivered on 17 January 2019
ECLI:EU:C:2019:38 |
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Judgment of the Court (Fourth Chamber) of 15 May 2019
ECLI:EU:C:2019:407 |
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Case C-132/18 P Commission v Tuerck
Appeal — Civil service — Pensions — Transfer of pension rights acquired in a national pension scheme to the European Union pension scheme — Deduction of the appreciation between the date of the application for a transfer and the actual date of the transfer
Language of the case: French
| Summary |
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Judgment of the Court (Eighth Chamber) of 15 May 2019
ECLI:EU:C:2019:413 |
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Case C-235/18 Vega International Car Transport and Logistic v Dyrektor Izby Skarbowej w Warszawie
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 135(1)(b) — Supply of goods — Exemptions for other activities — Granting and negotiation of credit — Fuel cards
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Judgment of the Court (Eighth Chamber) of 15 May 2019
ECLI:EU:C:2019:412 |
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Case C-306/18 KORADO v Generální ředitelství cel
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Welded steel parts — Radiators for central heating, not electrically heated — Headings 7307 and 7322 — Concepts of radiator ‘parts’ and ‘tube or pipe fittings’ — Implementing Regulation (EU) 2015/23 — Validity
Request for a preliminary ruling from the Krajský soud v Ostravě – pobočka v Olomouci
Language of the case: Czech
| Summary |
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Judgment of the Court (Eighth Chamber) of 15 May 2019
ECLI:EU:C:2019:414 |
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Case C-480/17 Montag v Finanzamt Köln-Mitte
Request for a preliminary ruling from the Finanzgericht Köln
Language of the case: German
| Summary |
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Rectification order of 16 May 2019
ECLI:EU:C:2019:428 |
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Case C-509/17 Plessers v PREFACO and Belgische Staat
Reference for a preliminary ruling –Transfers of undertakings — Directive 2001/23/EC — Articles 3 to 5 — Safeguarding of employees’ rights — Exceptions — Insolvency proceedings — Proceedings for judicial restructuring by transfer under judicial supervision — Total or partial safeguard of the undertaking — National legislation authorising the transferee, after the transfer, to choose which employees to keep on
Request for a preliminary ruling from the Arbeidshof te Antwerpen
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 23 January 2019
ECLI:EU:C:2019:50 |
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Judgment of the Court (Third Chamber) of 16 May 2019
ECLI:EU:C:2019:424 |
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Case C-689/17 Conti 11. Container Schiffahrt v Land Niedersachsen
Reference for a preliminary ruling — Environment — Shipment of waste — Regulation (EC) No 1013/2006 — Waste subject to the prior written notification and consent procedure — Shipments within the European Union — Article 1(3)(b) — Exclusion from the regulation’s scope — Waste generated on board ships — Waste on board a ship following damage at sea
Request for a preliminary ruling from the Landgericht München I
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 24 January 2019
ECLI:EU:C:2019:62 |
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Judgment of the Court (Fifth Chamber) of 16 May 2019
ECLI:EU:C:2019:420 |
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Case C-138/18 Skatteministeriet v Estron
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Hearing aid connectors — Parts and accessories — Combined Nomenclature — Subheadings 8544 42 90, 9021 40 00 and 9021 90 10
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
| Summary |
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Judgment of the Court (Sixth Chamber) of 16 May 2019
ECLI:EU:C:2019:419 |
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Case C-235/17 Commission v Hungary (Usufruct over agricultural land)
Failure of a Member State to fulfil obligations — Article 63 TFEU — Free movement of capital — Article 17 of the Charter of Fundamental Rights of the European Union — Right to property — National legislation extinguishing, without compensation, the rights of usufruct over agricultural and forestry land acquired by legal persons or by natural persons who cannot demonstrate a close family tie with the owner of the land
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 29 November 2018
ECLI:EU:C:2018:971 |
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Judgment of the Court (Grand Chamber) of 21 May 2019
ECLI:EU:C:2019:432 |
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Case C-226/18 Krohn & Schröder v Hauptzollamt Hamburg-Hafen
Reference for a preliminary ruling — Customs union — Regulation (EEC) No 2913/92 — Article 212a — Import procedures — Customs debt — Exemption — Dumping — Subsidies — Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from the People’s Republic of China — Implementing Regulations (EU) No 1238/2013 and (EU) No 1239/2013 imposing an anti-dumping duty and a countervailing duty — Exemptions
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
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Judgment of the Court (Fourth Chamber) of 22 May 2019
ECLI:EU:C:2019:440 |
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Case C-634/17 ReFood v Landwirtschaftskammer Niedersachsen
Reference for a preliminary ruling — Environment — Shipments of waste within the European Union — Regulation (EC) No 1013/2006 — Article 1(3)(d) — Scope — Regulation (EC) No 1069/2009 — Shipments of animal by-products
Request for a preliminary ruling from the Verwaltungsgericht Oldenburg
Language of the case: German
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Judgment of the Court (Fifth Chamber) of 23 May 2019
ECLI:EU:C:2019:443 |
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Case C-658/17 WB v Notariusz Przemysława Bac
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 650/2012 — Article 3(1)(g) and (i) — Definition of a ‘decision’ in a matter of succession — Definition of an ‘authentic instrument’ in a matter of succession — Legal classification of the national deed of certification of succession — Article 3(2) — Definition of a ‘court’ — Failure by the Member State to notify the European Commission of notaries as non-judicial authorities exercising judicial functions like courts
Request for a preliminary ruling from the Sąd Okręgowy w Gorzowie Wielkopolskim
Language of the case: Polish
| Summary |
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Opinion of Advocate General Bot delivered on 28 February 2019
ECLI:EU:C:2019:166 |
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Judgment of the Court (First Chamber) of 23 May 2019
ECLI:EU:C:2019:444 |
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Case C-720/17 Bilali v Bundesamt für Fremdenwesen und Asyl
Reference for a preliminary ruling — Area of freedom, security and justice — Asylum policy — Subsidiary protection — Directive 2011/95/EU — Article 19 — Revocation of subsidiary protection status — Error on the part of the administrative authorities with respect to the facts
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Opinion of Advocate General Bot delivered on 24 January 2019
ECLI:EU:C:2019:63 |
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Judgment of the Court (Fifth Chamber) of 23 May 2019
ECLI:EU:C:2019:448 |
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Case C-52/18 Fülla v Toolport
Reference for a preliminary ruling — Consumer protection — Directive 1999/44/EC — Lack of conformity of the goods delivered — Article 3 — Right of the consumer to repair or replacement of the goods free of charge, within a reasonable time and without any significant inconvenience — Determination of where the consumer must make goods acquired under a distance contract available to the seller to be brought into conformity — Concept of bringing the goods into conformity ‘free of charge’ — Right of the consumer to rescind the contract
Request for a preliminary ruling from the Amtsgericht Norderstedt
Language of the case: German
| Summary |
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Opinion of Advocate General Wahl delivered on 15 January 2019
ECLI:EU:C:2019:22 |
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Judgment of the Court (First Chamber) of 23 May 2019
ECLI:EU:C:2019:447 |
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Joined Cases C-508/18 and C-82/19 PPU OG and PI (Public Prosecutor’s Office in Lübeck and in Zwickau)
References for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 6(1) — Concept of ‘issuing judicial authority’ — European arrest warrant issued by a public prosecutor’s office of a Member State — Legal position — Whether subordinate to a body of the executive — Power of a Ministry of Justice to issue an instruction in a specific case — No guarantee of independence
Requests for a preliminary ruling from the Supreme Court and High Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 30 April 2019
ECLI:EU:C:2019:337 |
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Judgment of the Court (Grand Chamber) of 27 May 2019
ECLI:EU:C:2019:456 |
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Case C-509/18 Minister for Justice and Equality v PF (Prosecutor General of Lithuania)
Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 6(1) — Concept of ‘issuing judicial authority’ — European arrest warrant issued by the Prosecutor General of a Member State — Legal position — Guarantee of independence
Request for a preliminary ruling from the Supreme Court
Language of the case: English
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 30 April 2019
ECLI:EU:C:2019:338 |
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Judgment of the Court (Grand Chamber) of 27 May 2019
ECLI:EU:C:2019:457 |
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Information (on unpublished decisions)
Case C-524/16 Istituto Nazionale della Previdenza Sociale v Faggiano
Reference for a preliminary ruling — No need to adjudicate
Case C-233/17 P-REV OST GX v Commission
Article 155 of the Rules of Procedure — No failure to adjudicate on the application for revision
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Order of the Court (Fourth Chamber) of 2 May 2019 ECLI:EU:C:2019:357 |
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Case C-250/18 Commission v Croatia (Biljane Donje landfill)
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Judgment of the Court (Eighth Chamber) of 2 May 2019 ECLI:EU:C:2019:343 |
Case C-739/18 P Chefaro Ireland v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — International registration designating the European Union — Figurative mark NUIT PRECIEUSE — Rejection of the application for a declaration of invalidity
Case C-118/18 P-REV Hochmann Marketing v EUIPO
Application for revision — Article 159 of the Rules of Procedure of the Court of Justice — Conditions — Appeal — Failure to raise a new fact — Inadmissibility
Case C-723/18 EV v IGPR - Brigada Autostrăzi şi misiuni speciale
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Article 48 — Presumption of innocence and defence rights — Road traffic offences — Burden of proof — Failure to implement EU law — Article 53(2) of the Rules of Procedure of the Court of Justice — Clear lack of jurisdiction of the Court
Case C-9/19 Mitliv Exim v Agenţia Naţională de Administrare Fiscală and Direcţia Generală de Administrare a Marilor Contribuabili
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court — Insufficient information regarding the factual and regulatory context of the dispute in the main proceedings and lack of grounds justifying the ne ed for an answer to the question referred — Manifest inadmissibility
Joined Cases C-406/17 to C-408/17 and C-417/17 Acea Energia and Others v Autorità Garante della Concorrenza e del Mercato and Others
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Order of the Court (Tenth Chamber) of 14 May 2019 ECLI:EU:C:2019:404 |
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Case C-170/18 P CJ v ECDC
Appeal — Civil service — Contract staff — European Centre for Disease Prevention and Control — Fixed-term contract — Termination of the contract — Compliance with a judgment of the European Union Civil Service Tribunal — Res judicata by means of a judgment annulling a decision — Limits
Joined Cases C-789/18 and C-790/18 AQ e.a. and ZQ v Corte dei Conti and Others
Reference for a preliminary ruling — Civil service — Cumulation of emoluments from activities as employed or self-employed persons in the service of one or more State entities — National legislation providing for a ceiling to such cumulation — Purely internal situation — Article 53(2) and Article 94 of the Rules of Procedure of the Court — Manifest inadmissibility
Case C-827/18 MC v ND
Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice — Area of freedom, security and justice — Judicial cooperation in civil matters — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Lugano II Convention — Article 22(1) — Proceedings which have as their object rights in rem in immovable property or tenancies of immovable property — Restitution of the proceeds from the rental of a property before the transfer of ownership
Case C-8/18 TE and Others v Luminor Bank
Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice — Freedom to provide services — Markets in financial instruments — Natural person who has acquired a derivative financial instrument from a bank — Classification of that person within the meaning of EU law
Case C-204/18 P Pebagua v Commission
Appeal — Environment — Prevention and management of the introduction and spread of invasive alien species — Regulation (EU) No 1143/2014 — Implementing Regulation (EU) 2016/1141 — Adoption of a list of invasive alien species of Union concern — Inclusion of the species Procambarus clarkii
Case C-525/18 P Le Pen v Parliament
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Order of the Court (Fourth Chamber) of 21 May 2019 ECLI:EU:C:2019:435 |
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Case C-744/18 P Volkswagen v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of figurative mark MAIN AUTO WHEELS — Opposition proceedings — Regulation (EC) No 207/2009 — Article 8(1)(b) and (5) — Obligation to state reasons — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-770/18 P Pint v Commission
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Order of the Court (Tenth Chamber) of 21 May 2019 ECLI:EU:C:2019:436 |
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Case C-99/19 P BI v Commission
Appeal –Application for legal aid — Article 53(2) of the Rules of Procedure of the Court of Justice — Decision of the General Court of the European Union not subject to appeal — Manifest lack of jurisdiction
Case C-780/18 P Cuervo y Sobrinos 1882 v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — European Union trade mark including the word elements Cuervo y Sobrinos LA HABANA 1882 — Regulation (EC) No 207/2009 — Article 8(1)(b) — Assessment by the General Court of the similarities between the signs at issue — Assessment of a factual nature — Obligation to state reasons — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-105/19 WP v Trapeza Peiraios
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Consumer protection — Unfair terms in consumer contracts — Directive 93/13/EEC — Powers and obligations of the national court — Order for payment procedure — Granting of the application to have that order set aside — Lack of sufficient information concerning the factual and regulatory context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred — Manifest inadmissibility
Cases C-163/19 P(R) and C-163/19 P(R)-R Trifolio-M and Others v EFSA
Appeal — Order for interim relief — Regulation (EC) No 1107/2009 — Plant protection products — Review procedure for the evaluation of the active substance azadirachtin — Request for confidential treatment — Rejection — Absence of any prima facie case
June 2019
Case C-425/18 Consorzio Nazionale Servizi v Gruppo Torinese Trasporti
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Public procurement in the water, energy, transport and postal services sectors — Directive 2004/18/EC — Point (d) of the first subparagraph of Article 45(2) — Grounds for exclusion — Grave professional misconduct — Infringement of competition rules
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte
Language of the case: Italian
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Order of the Court (Ninth Chamber) of 4 June 2019
ECLI:EU:C:2019:476 |
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Case C-38/17 GT v HS
Reference for a preliminary ruling — Consumer protection — Unfair terms in consumer contracts — Directive 93/13/EEC — Article 3(1) — Article 4(2) — Article 6(1) — Loan agreement denominated in foreign currency — The exchange rate applicable to the sum made available in domestic currency communicated to the consumer after the agreement has been concluded
Request for a preliminary ruling from the Budai Központi Kerületi Bíróság
Language of the case: Hungarian
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Judgment of the Court (Seventh Chamber) of 5 June 2019
ECLI:EU:C:2019:461 |
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Case C-142/18 Skype Communications v IBPT
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/21/EC — Article 2(c) — Notion of ‘electronic communications service’ — Transmission of signals — Voice over Internet Protocol (VoIP) service to fixed or mobile telephone numbers — SkypeOut service
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
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Judgment of the Court (Fourth Chamber) of 5 June 2019
ECLI:EU:C:2019:460 |
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Case C-33/18 V v Institut national d'assurances sociales pour travailleurs indépendants and Securex Integrity
Reference for a preliminary ruling — Coordination of social security systems — Migrant workers — Regulation (EC) No 883/2004 — Transitional provisions — Article 87(8) — Regulation (EEC) No 1408/71 — Article 14c(b) — Worker pursuing an activity as an employed person and an activity as a self-employed person in different Member States — Derogations from the principle that the legislation of a single Member State is to apply — Dual affiliation — Submission of a request to be subject to the legislation applicable pursuant to Regulation No 883/2004
Request for a preliminary ruling from the Cour du travail de Liège
Language of the case: French
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Opinion of Advocate General Pitruzzella delivered on 26 February 2019
ECLI:EU:C:2019:141 |
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Judgment of the Court (Sixth Chamber) of 6 June 2019
ECLI:EU:C:2019:470 |
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Case C-58/18 Schyns v Belfius Banque
Reference for a preliminary ruling — Consumer protection — Directive 2008/48/EC — Pre-contractual obligations — Article 5(6) — Obligation on the creditor to seek to establish the credit most suitable — Article 8(1) — Obligation on the creditor to refrain from concluding the loan agreement if there are doubts over the creditworthiness of the consumer — Obligation on the creditor to assess the expediency of the credit
Request for a preliminary ruling from the Justice de Paix du canton de Visé
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 14 February 2019
ECLI:EU:C:2019:120 |
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Judgment of the Court (First Chamber) of 6 June 2019
ECLI:EU:C:2019:467 |
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Case C-223/18 P Deichmann v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Revocation proceedings — Figurative mark representing a cross on the side of a sports shoe — Rejection of the application for revocation
Language of the case: English
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Judgment of the Court (Sixth Chamber) of 6 June 2019
ECLI:EU:C:2019:471 |
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Case C-264/18 P. M. and Others v Ministerraad
Reference for a preliminary ruling — Procedures for the award of public works contracts, public supply contracts and public service contracts — Directive 2014/24/EU — Article 10, (c), and (d)(i), (ii) and (v) — Validity — Scope — Exclusion of arbitration and conciliation services and of certain legal services — Principles of equal treatment and subsidiarity — Articles 49 and 56 TFEU
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
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Judgment of the Court (Fifth Chamber) of 6 June 2019
ECLI:EU:C:2019:472 |
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Case C-361/18 Weil v Gulácsi
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 66 — Temporal scope — Regulation (EC) No 44/2001 — Material scope — Civil and commercial matters — Article 1(1) and (2)(a) — Matters excluded — Rights in property arising out of a matrimonial relationship — Article 54 — Application for the certificate certifying that the judgment given by the court of origin is enforceable — Judgment given concerning a debt stemming from the settlement of rights in property arising out of an unregistered non-marital partnership
Request for a preliminary ruling from the Szekszárdi Járásbíróság
Language of the case: Hungarian
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Judgment of the Court (Sixth Chamber) of 6 June 2019
ECLI:EU:C:2019:473 |
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Case C-628/17 Prezes Urzędu Ochrony Konkurencji i Konsumentów v Orange Polska
Reference for a preliminary ruling — Consumer protection — Directive 2005/29/EC — Unfair business-to-consumer commercial practices — Concept of an aggressive commercial practice — Consumer required to take a final transactional decision in the presence of the courier handing over the general terms and conditions of the contract
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 30 January 2019
ECLI:EU:C:2019:74 |
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Judgment of the Court (Fifth Chamber) of 12 June 2019
ECLI:EU:C:2019:480 |
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Case C-705/17 Patent-och registreringsverket v Hansson
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 4(1)(b) — Likelihood of confusion — Overall impression — Earlier trade mark registered with a disclaimer — Effects of such a disclaimer on the extent of protection of the earlier trade mark
Request for a preliminary ruling from the Svea hovrätt, Patent- och marknadsöverdomstolen
Language of the case: Swedish
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Opinion of Advocate General Pitruzzella delivered on 6 March 2019
ECLI:EU:C:2019:175 |
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Judgment of the Court (Fifth Chamber) of 12 June 2019
ECLI:EU:C:2019:481 |
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Case C-43/18 CFE v Région de Bruxelles-Capitale
Reference for a preliminary ruling — Environment — Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Decree — Designation of a special area of conservation pursuant to Directive 92/43/EEC — Setting of conservation objectives and provision of certain preventive measures — Concept of ‘plans and programmes’ — Obligation to carry out an environmental assessment
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 24 January 2019
ECLI:EU:C:2019:56 |
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Judgment of the Court (First Chamber) of 12 June 2019
ECLI:EU:C:2019:483 |
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Case C-185/18 Oro Efectivo v Diputación Foral de Bizkaia
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 401 — Principle of fiscal neutrality — Acquisition by an undertaking, from private individuals, of objects with a high gold or other precious metal content with a view to resale — Duty on transfers of assets
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Judgment of the Court (Sixth Chamber) of 12 June 2019
ECLI:EU:C:2019:485 |
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Case C-321/18 Terre wallonne v Région wallonne
Reference for a preliminary ruling — Environment — Directive 2001/42/EC — Assessment of the effects of certain plans and programmes on the environment — Decree — Establishment of conservation objectives for the Natura 2000 network, in accordance with Directive 92/43/EEC — Definition of ‘plans and programmes’ — Obligation to undertake an environmental assessment
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 24 January 2019
ECLI:EU:C:2019:56 |
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Judgment of the Court (First Chamber) of 12 June 2019
ECLI:EU:C:2019:484 |
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Case C-646/17 Criminal proceedings against Moro
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2012/13/EU – Right to information in criminal proceedings – Article 6(4) – Right to be informed of the accusation – Information about any change in the information given where this is necessary to safeguard the fairness of the proceedings – Modification of the legal classification of the acts on which the accusation is based – No possibility for the accused to apply for the negotiated penalty established in national law during the trial proceedings – Difference where there is modification of the acts on which the accusation is based
Request for a preliminary ruling from the Tribunale di Brindisi
Language of the case: Italian
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Opinion of Advocate General Bobek delivered on 5 February 2019
ECLI:EU:C:2019:95 |
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Judgment of the Court (First Chamber) of 13 June 2019
ECLI:EU:C:2019:489 |
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Case C-664/17 Ellinika Nafpigeia v Anagnostopoulos and Others
Reference for a preliminary ruling — Social policy — Directive 2001/23/EC — Scope — Transfer of part of an undertaking — Safeguarding of employees’ rights — Concept of ‘transfer’ — Concept of ‘economic entity’ — Transfer of part of the economic activity of a parent company to a newly created subsidiary — Identity — Autonomy — Pursuit of an economic activity — Criterion requiring stability of the pursuit of an economic activity — Recourse to factors of production of third parties — Intention to liquidate the entity transferred
Request for a preliminary ruling from the Areios Pagos
Language of the case: Greek
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Opinion of Advocate General Szpunar delivered on 7 February 2019
ECLI:EU:C:2019:105 |
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Judgment of the Court (Third Chamber) of 13 June 2019
ECLI:EU:C:2019:496 |
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Case C-22/18 TopFit and Biffi v Deutscher Leichtathletikverband
Reference for a preliminary ruling — Citizenship of the Union — Articles 18, 21 and 165 TFEU — Rules of a sports association — Participation in the national championship of a Member State by an amateur athlete holding the nationality of another Member State — Different treatment on the basis of nationality — Restriction on free movement
Request for a preliminary ruling from the Amtsgericht Darmstadt
Language of the case: German
| Summary |
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Opinion of Advocate General Tanchev delivered on 7 March 2019
ECLI:EU:C:2019:181 |
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Judgment of the Court (Third Chamber) of 13 June 2019
ECLI:EU:C:2019:497 |
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Case C-193/18 Google v Bundesrepublik Deutschland
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/21/EC — Article 2(c) — Concept of ‘electronic communications service’ — Conveyance of signals — Web-based email service — Gmail service
Request for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen
Language of the case: German
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Judgment of the Court (Fourth Chamber) of 13 June 2019
ECLI:EU:C:2019:498 |
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Case C-317/18 Correia Moreira v Município de Portimão
Reference for a preliminary ruling — Directive 2001/23/EC — Transfers of undertakings — Safeguarding of employees’ rights — Concept of ‘worker’ — Substantial change in working conditions to the detriment of the employee
Request for a preliminary ruling from the Tribunal Judicial da Comarca de Faro
Language of the case: Portuguese
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Judgment of the Court (Eighth Chamber) of 13 June 2019
ECLI:EU:C:2019:499 |
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Case C-420/18 IO v Inspecteur van de rijksbelastingdienst (VAT – Activities of a member of a supervisory board)
Request for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Articles 9 and 10 — Taxable person — Economic activity carried out ‘independently’ — Definition — Activity as a member of the Supervisory Board of a foundation
Request for a preliminary ruling from the Gerechtshof 's-Hertogenbosch
Language of the case: Dutch
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Judgment of the Court (Second Chamber) of 13 June 2019
ECLI:EU:C:2019:490 |
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Case C-505/18 Copebi v FranceAgriMer
Reference for a preliminary ruling — State aid — Decision 2009/402/EC — Contingency plans in the fruit and vegetable sector implemented by the French Republic — Finding that the aid is incompatible — Recovery order — Scope of the decision — Economic agricultural committees
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
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Judgment of the Court (Fifth Chamber) of 13 June 2019
ECLI:EU:C:2019:500 |
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Case C-591/17 Austria v Germany
Failure of a Member State to fulfil obligations — Articles 18, 34, 56 and 92 TFEU — Legislation of a Member State prescribing an infrastructure use charge for passenger vehicles — Situation in which owners of vehicles registered in that Member State qualify for relief from motor vehicle tax in an amount corresponding to that charge
Language of the case: German
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Opinion of Advocate General Wahl delivered on 6 February 2019
ECLI:EU:C:2019:99 |
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Judgment of the Court (Grand Chamber) of 18 June 2019
ECLI:EU:C:2019:504 |
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Case C-607/17 Skatteverket v Memira Holding
Reference for a preliminary ruling — Corporation tax — Group of companies — Freedom of establishment — Deduction of losses of a non-resident subsidiary — Concept of ‘final losses’ — Merger-absorption of the subsidiary by the parent company — Legislation of the State of establishment of the subsidiary granting the deduction of losses in the context of a merger solely to the entity sustaining those losses
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Kokott delivered on 10 January 2019
ECLI:EU:C:2019:8 |
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Judgment of the Court (First Chamber) of 19 June 2019
ECLI:EU:C:2019:510 |
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Case C-608/17 Skatteverket v Holmen
Reference for a preliminary ruling — Corporation tax — Group of companies — Freedom of establishment — Deduction of losses of a non-resident subsidiary — Concept of ‘final losses’ — Application to a sub-subsidiary — Legislation of the State of establishment of the parent company requiring direct ownership of the subsidiary — Legislation of the State of establishment of the subsidiary restricting the set-off of losses and prohibiting them from being set off in the year of liquidation
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Kokott delivered on 10 January 2019
ECLI:EU:C:2019:9 |
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Judgment of the Court (First Chamber) of 19 June 2019
ECLI:EU:C:2019:511 |
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Case C-660/17 P RF v Commission
Appeal — Action for annulment — Sending of the application by fax — Original of the application lodged out of time at the Registry of the General Court — Postal delay — Concept of ‘force majeure or unforeseeable circumstances’
Language of the case: Polish
| Summary |
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Opinion of Advocate General Wahl delivered on 24 January 2019
ECLI:EU:C:2019:67 |
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Judgment of the Court (First Chamber) of 19 June 2019
ECLI:EU:C:2019:509 |
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Case C-41/18 Meca v Comune di Napoli
Reference for a preliminary ruling — Public procurement — Directive 2014/24/EU — Article 57(4)(c) and (g) — Award of public service contracts — Optional grounds for exclusion from participation in a procurement procedure — Grave professional misconduct rendering the integrity of the economic operator questionable — Early termination of a prior contract owing to deficiencies in its performance — Legal challenge preventing the contracting authority from assessing the breach of contract until the end of the legal proceedings
Request for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 7 March 2019
ECLI:EU:C:2019:183 |
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Judgment of the Court (Fourth Chamber) of 19 June 2019
ECLI:EU:C:2019:507 |
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Case C-458/15 Criminal proceedings against K.P.
Reference for a preliminary ruling — Common foreign and security policy — Combating terrorism — Restrictive measures directed against certain persons and entities — Freezing of funds — Common Position 2001/931/CFSP — Article 1(4) and (6) — Regulation (EC) No 2580/2001 — Article 2(3) — Council Decision retaining an organisation on the list of persons, groups and entities involved in terrorist acts — Validity
Request for a preliminary ruling from the Landgericht Saarbrücken
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 24 January 2019
ECLI:EU:C:2019:66 |
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Judgment of the Court (Fifth Chamber) of 20 June 2019
ECLI:EU:C:2019:522 |
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Case C-682/17 ExxonMobil Production Deutschland v Bundesrepublik Deutschland
Reference for a preliminary ruling — Environment — Directive 2003/87/EC — Scheme for greenhouse gas emission allowance trading — Natural gas processing installation — Sulphur recovery — ‘Claus process’ — Production of electricity in a secondary facility — Production of heat — Emission of inherent carbon dioxide (CO2) — Article 2(1) — Scope — Annex I — Activity of ‘combustion of fuels’ — Article 3(u) — Concept of ‘electricity generator’ — Article 10a(3) and (4) — Transitional arrangements for the harmonised free allocation of emission allowances — Decision 2011/278/EU — Scope — Article 3(c) — Concept of ‘heat benchmark sub-installation’
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 28 February 2019
ECLI:EU:C:2019:167 |
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Judgment of the Court (Fifth Chamber) of 20 June 2019
ECLI:EU:C:2019:518 |
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Case C-1/18 Oribalt Rīga v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Customs union – Regulation (EEC) No 2913/92 – Article 30(2)(b) and (c) – Regulation (EEC) No 2454/93 – Article 152(1)(a) and (b) – Determination of the customs value of the goods – Definition of ‘similar goods’ – Medicinal products – Account taken of any factor that may have an impact on the economic value of the medicinal product concerned – Time limit of 90 days within which the imported goods must be sold in the European Union – Mandatory time limit – No account taken of trade discounts
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Wahl delivered on 24 January 2019
ECLI:EU:C:2019:64 |
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Judgment of the Court (Fifth Chamber) of 20 June 2019
ECLI:EU:C:2019:519 |
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Case C-72/18 Ustariz Aróstegui v Departamento de Educación del Gobierno de Navarra
Reference for a preliminary ruling – Social policy – Directive 1999/70/CE – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4(1) – Principle of non-discrimination – Public sector education – National provision granting additional remuneration only to teachers employed for an indefinite duration as established public officials – Exclusion of teachers employed under a fixed-term contract governed by public law – Concept of ‘objective grounds’ – Characteristics inherent in the status of established public officials
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo No 1 de Pamplona
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Kokott delivered on 12 March 2019
ECLI:EU:C:2019:191 |
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Judgment of the Court (Second Chamber) of 20 June 2019
ECLI:EU:C:2019:516 |
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Case C-100/18 Línea Directa Aseguradora v Segurcaixa
Reference for a preliminary ruling — Insurance against civil liability in respect of the use of motor vehicles — Directive 2009/103/EC — Article 3, first paragraph — Concept of ‘use of vehicles’ — Damage to building as a result of a fire in a vehicle parked in the private garage of the building — Compulsory insurance cover
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Bot delivered on 28 February 2019
ECLI:EU:C:2019:152 |
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Judgment of the Court (Second Chamber) of 20 June 2019
ECLI:EU:C:2019:517 |
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Case C-291/18 Grup Servicii Petroliere v Agenţia Naţională de Administrare Fiscală – Direcţia Generală de Soluţionare a Contestaţiilor and Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Administrare a Marilor Contribuabili
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 148(a) and (c) — Exemptions related to international transport — Supply of offshore jackup drilling rigs — Concept of ‘vessels used for navigation on the high seas’ — Scope
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
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Opinion of Advocate General Hogan delivered on 10 April 2019
ECLI:EU:C:2019:302 |
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Judgment of the Court (Third Chamber) of 20 June 2019
ECLI:EU:C:2019:521 |
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Case C-404/18 Hackelbracht and Others v WTG Retail
Reference for a preliminary ruling — Social policy — Directive 2006/54/EC — Equal treatment for men and women — Access to employment and working conditions — Article 24 — Protection against retaliatory measures — Rejection of a candidate due to her pregnancy — Employee intervening in favour of that candidate — Dismissal of that employee
Request for a preliminary ruling from the Arbeidsrechtbank Antwerpen
Language of the case: Dutch
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Judgment of the Court (Third Chamber) of 20 June 2019
ECLI:EU:C:2019:523 |
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Case C-424/18 Italy Emergenza and Associazione Volontaria di Pubblica Assistenza 'Croce Verde'v Ulss 5 Polesana Rovigo and Regione del Veneto
Reference for a preliminary ruling — Public procurement of supplies, works or services — Directive 2014/24/EU — Article 10(h) — Specific exclusions for service contracts — Patient transport ambulance services — Concept
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Veneto
Language of the case: Italian
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Order of the Court (Ninth Chamber) of 20 June 2019
ECLI:EU:C:2019:528 |
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Case C-573/17 Criminal proceedings against Popławski
Reference for a preliminary ruling — Judicial cooperation in criminal matters — European arrest warrant — Framework Decisions — No direct effect — Primacy of EU law — Consequences — Framework Decision 2002/584/JHA — Article 4(6) — Framework Decision 2008/909/JHA — Article 28(2) — Declaration by a Member State allowing it to continue to apply existing legal instruments on the transfer of sentenced persons applicable before 5 December 2011 — Late declaration — Consequences
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 27 November 2018
ECLI:EU:C:2018:957 |
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Judgment of the Court (Grand Chamber) of 24 June 2019
ECLI:EU:C:2019:530 |
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Case C-619/18 Commission v Poland (Independence of the Supreme Court)
Failure of a Member State to fulfil obligations — Second subparagraph of Article 19(1) TEU — Rule of law — Effective judicial protection in the fields covered by Union law — Principles of the irremovability of judges and judicial independence — Lowering of the retirement age of Supreme Court judges — Application to judges in post — Possibility of continuing to carry out the duties of judge beyond that age subject to obtaining authorisation granted by discretionary decision of the President of the Republic
Language of the case: Polish
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Opinion of Advocate General Tanchev delivered on 11 April 2019
ECLI:EU:C:2019:325 |
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Judgment of the Court (Grand Chamber) of 24 June 2019
ECLI:EU:C:2019:531 |
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Case C-723/17 Craeynest and Others v Brussels Hoofdstedelijk Gewest and Brussels Instituut voor Milieubeheer
Reference for a preliminary ruling — Directive 2008/50/EC — Articles 6, 7, 13 and 23 — Annex III — Assessment of air quality — Criteria for determining whether the nitrogen dioxide limit values have been exceeded — Measurements using fixed sampling points — Choice of appropriate sites — Interpretation of the values measured at the sampling points — Obligations of the Member States — Judicial review — Intensity of the review — Power to issue directions
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 28 February 2019
ECLI:EU:C:2019:168 |
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Judgment of the Court (First Chamber) of 26 June 2019
ECLI:EU:C:2019:533 |
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Case C-729/17 Commission v Greece
Failure of a Member State to fulfil obligations — Article 258 TFEU — Article 49 TFEU — Directive 2006/123/EC — Article 15(2) and (3) — Directive 2005/36/EC — Articles 13, 14, 50 and Annex VII — Freedom of establishment — Recognition of professional qualifications — National rules on mediator training providers
Language of the case: Greek
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Opinion of Advocate General Saugmandsgaard Øe delivered on 28 February 2019
ECLI:EU:C:2019:169 |
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Judgment of the Court (Fourth Chamber) of 26 June 2019
ECLI:EU:C:2019:534 |
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Case C-159/18 Moens v Ryanair
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 5(3) — Compensation to passengers in the event of denied boarding and of cancellation or long delay of flights — Scope — Exemption from the obligation to pay compensation — Concept of ‘extraordinary circumstances’ — Presence of petrol on an airport runway
Request for a preliminary ruling from the juge de paix du troisième canton de Charleroi
Language of the case: French
| Summary |
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Opinion of Advocate General Tanchev delivered on 19 December 2018
ECLI:EU:C:2018:1040 |
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Judgment of the Court (Fourth Chamber) of 26 June 2019
ECLI:EU:C:2019:535 |
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Case C-407/18 Kuhar v Addiko Bank
Reference for a preliminary ruling — Unfair terms in consumer contracts — Directive 93/13/EEC — Proceedings for enforcement of a mortgage claim — Directly enforceable notarial instrument — Judicial review of unfair terms — Suspension of enforcement — Lack of competence of the court before which the application for enforcement has been brought — Consumer protection — Principle of effectiveness — Interpretation in conformity with EU law
Request for a preliminary ruling from the Višje sodišče v Mariboru
Language of the case: Slovenian
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Judgment of the Court (Eighth Chamber) of 26 June 2019
ECLI:EU:C:2019:537 |
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Case C-465/17 REC Falck Rettungsdienste and Falck v Stadt Solingen
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Rectification order of 27 June 2019
ECLI:EU:C:2019:550 |
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Case C-597/17 Belgisch Syndicaat van Chiropraxie and Others v Ministerraad
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(c) – Exemptions – Medical and paramedical professions – Chiropractic and osteopathy – Article 98 – Annex III, points (3) and (4) – Medicinal products and medical devices – Reduced rate – Supply as part of therapeutic interventions or treatments – Standard rate – Supply as part of aesthetic interventions or treatments – Principle of fiscal neutrality – Maintenance of the effects of national legislation incompatible with EU law
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
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Judgment of the Court (Sixth Chamber) of 27 June 2019
ECLI:EU:C:2019:544 |
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Case C-348/18 Azienda Agricola Barausse Antonio e Gabriele v AGEA
Reference for a preliminary ruling — Additional levy in the milk and milk products sector — Regulation (EEC) No 3950/92 — Second subparagraph of Article 2(1) — Establishment of the producers’ contribution to the payment of the additional levy due — Reallocation of unused reference quantities — National measure reallocating unused quantities on the basis of objective priority criteria
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Seventh Chamber) of 27 June 2019
ECLI:EU:C:2019:545 |
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Case C-518/18 RD v SC (Certification as a European Enforcement Order)
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 805/2004 — European Enforcement Order for uncontested claims — Certification of a judicial decision as a European Enforcement Order — Minimum standards applicable to uncontested claims procedures — Defendant without a known address who did not appear at the hearing
Request for a preliminary ruling from the Okresní soud v Českých Budějovicích
Language of the case: Czech
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Judgment of the Court (Sixth Chamber) of 27 June 2019
ECLI:EU:C:2019:546 |
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Information (on unpublished decisions)
Case C-665/18 Pólus Vegas v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice — Freedom to provide services — Restrictions — Games of chance — National taxes on the operation of slot machines in amusement arcades — National legislation increasing the amount of a tax five-fold and introducing an additional tax
Case C-822/18 P Aldo Supermarkets v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Application for registration of the word mark ALDI — Opposition proceedings — Rejection of the opposition — Conditions of representation of the earlier mark — Rule 19 of Regulation (EC) No 2868/95
Case C-10/19 Wilo Salmson France v Agenţia Naţională de Administrare Fiscală - Direcţia Generală Regională a Finanţelor Publice Bucureşti and Agenţia Naţională de Administrare Fiscală - Direcţia Generală Regională a Finanţelor Publice Bucureşti - Administraţia Fiscală pentru Contribuabili Nerezidenţi
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Lack of sufficient information regarding the factual and legislative context of the dispute in the main proceedings and the reasons justifying the need for an answer to the questions referred for a preliminary ruling — Manifest inadmissibility
Case C-503/18 P Barnett v EESC
Appeal — Civil service — Official — Retirement pension — Early retirement without reduction of pension rights — Staff Regulations of Officials of the European Union — Article 9(2) of Annex VIII — General implementing provisions — Interests of the service — Decision adopted to comply with a judgment of the European Union Civil Service Tribunal — Article 266 TFEU — Res judicata
Case C-367/18 Aragón Carrasco and Others v Administración del Estado
Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Comparability of situations — Justification — Clause 5 — Compensation in the event of termination of an employment contract of indefinite duration on objective grounds — No compensation upon the termination of the post of workers employed as auxiliary staff
Case C-805/18 P Saga Furs v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word sign SAGA — Application lodged with the General Court of the European Union signed by a ‘licensed legal counsel’ — Manifest inadmissibility — Article 19 of the Statute of the Court of Justice of the European Union — No representation by a lawyer — Appeal manifestly unfounded)
Case C-816/18 P OY v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Civil service — Member of the contract staff — Appointment — Classification in grade — Account taken of professional experience — General provisions for implementing Article 79(2) of the Conditions of Employment of Other Servants (CEOS))
Case C-612/16 C & J Clark International v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling — Anti-dumping — Interpretation and validity of regulations re-imposing anti-dumping duties following the delivery by the Court of a judgment declaring invalidity — Legal basis — Non-retroactivity — Limitation
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Judgment of the Court (Eighth Chamber) of 19 June 2019 ECLI:EU:C:2019:508 |
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Case C-820/18 P Linak v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Regulation (CE) No 6/2002 — Article 6 — Community design — Ground for invalidity — No individual character — Representation of an electrically operated lifting column)
Case C-821/18 P Linak v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Regulation (EC) No 6/2002 — Article 6 — Community design — Ground for invalidity — No individual character — Representation of an electrically operated lifting column
Case C-322/18 Schiaffini Travel v Comune di Latina
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Regulation (EC) No 1370/2007 — Public passenger transport services by rail and by road — Article 5 — Award of public service contracts — Article 5(2) — Direct award — Concept of ‘internal operator’ — Article 8(2) — Transitional arrangement
Case C-475/18 SATI v Azienda di Trasporti Molisana
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Regulation (EC) No 1370/2007 — Public passenger transport services — Article 5 — Direct award of public service contracts — Prohibited under national law — Article 8(2) — Transitional arrangements
Case C-795/18 P FCA US v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — Partial declaration of invalidity — Word mark VIPER — Earlier national word mark VIPER — Genuine use of the earlier mark
Case C-319/18 P Fred Olsen v Naviera Armas
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Order of the Court (Tenth Chamber) of 25 June 2019 ECLI:EU:C:2019:542 |
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Case C-247/18 P Italy v Commission (Necessary checks)
Appeal — European Social Fund (ESF) — Operational programme for objective No 1 for the Region of Sicily (2000-2006) — Reduction of the financial assistance initially granted — Regulation (EC) No 1260/1999 — Article 39 — Supervisory powers — Necessary verifications — Financial corrections — Calculation — Method by extrapolation
July 2019
Case C-619/18 R Commission v Poland (Independence of the Supreme Court)
Language of the case: Polish
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Rectification order of 2 July 2019
ECLI:EU:C:2019:575 |
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Case C-644/17 Proceedings brought by Eurobolt
Reference for a preliminary ruling — Article 267 TFEU — Right to an effective remedy — Extent of review by national courts of an act of the European Union — Regulation (EC) No 1225/2009 — Article 15(2) — Communication to the Member States, no later than 10 working days before the meeting of the Advisory Committee, of all relevant information — Concept of ‘relevant information’ — Essential procedural requirement — Implementing Regulation (EU) No 723/2011 — Extension of the anti-dumping duty imposed on imports of certain iron or steel fasteners originating in China to imports consigned from Malaysia — Validity
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Hogan delivered on 28 February 2019
ECLI:EU:C:2019:164 |
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Judgment of the Court (Fourth Chamber) of 3 July 2019
ECLI:EU:C:2019:555 |
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Case C-668/17 P Viridis Pharmaceutical v EUIPO
Appeal – EU trade mark – Revocation proceedings – Word mark Boswelan – Genuine use – Absence – Use of the mark in the context of a clinical trial prior to the submission of an application for marketing authorisation for a medicinal product – Proper reason for non-use – Concept
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 9 January 2019
ECLI:EU:C:2019:4 |
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Judgment of the Court (Fourth Chamber) of 3 July 2019
ECLI:EU:C:2019:557 |
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Case C-242/18 UniCredit Leasing v Direktor na Direktsia 'Obzhalvane i danachno-osiguritelna praktika' – Sofia pri Tsentralno upravlenie na NAP
Reference for a preliminary ruling – Common system of value added tax (VAT) – Taxable amount – Reduction – Principle of fiscal neutrality – Lease finance agreement terminated for failure to make monthly payments – Notice of adjustment – Scope – Taxable transactions – Supply of goods for consideration – Payment of ‘compensation’ for termination up to expiry of the agreement – Jurisdiction of the Court
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Judgment of the Court (First Chamber) of 3 July 2019
ECLI:EU:C:2019:558 |
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Case C-316/18 Commissioners for Her Majesty's Revenue and Customs v The Chancellor, Masters and Scholars of the University of Cambridge
Reference for a preliminary ruling — Value added tax (VAT) — Deduction of input tax — Management costs of an endowment fund that makes investments with the aim of financing the whole of the taxable person’s output transactions — Overheads
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
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Judgment of the Court (Eighth Chamber) of 3 July 2019
ECLI:EU:C:2019:559 |
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Case C-387/18 Delfarma v Prezes Urzędu Rejestracji Produktów Leczniczych, Wyrobów Medycznych i Produktów Biobójczych
Reference for a preliminary ruling — Articles 34 and 36 TFEU — Free movement of goods — Measure having equivalent effect to a quantitative restriction — Protection of health and life of humans — Parallel import of medicinal products — Reference medicinal products and generic medicinal products — Requirement that the imported medicinal product and that which has been granted a marketing authorisation in the Member State of importation are both reference medicinal products or are both generic medicinal products
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Warszawie
Language of the case: Polish
| Summary |
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Judgment of the Court (Fifth Chamber) of 3 July 2019
ECLI:EU:C:2019:556 |
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Case C-377/17 Commission v Germany
Failure of a Member State to fulfil obligations — Services in the internal market — Directive 2006/123/EC — Article 15 — Article 49 TFEU — Freedom of establishment — Fees of architects and engineers for planning services — Minimum and maximum tariffs
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 28 February 2019
ECLI:EU:C:2019:163 |
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Judgment of the Court (Fourth Chamber) of 4 July 2019
ECLI:EU:C:2019:562 |
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Case C-393/17 Openbaar Ministerie v Kirschstein
Reference for a preliminary ruling — Directive 2005/29/EC — Unfair commercial practices — Scope — Concept of ‘commercial practices’ — Directive 2006/123/EC — Services in the internal market — Criminal law — Authorisation schemes — Higher education — ‘Master’s’ degree — Prohibition to confer certain degrees without authorisation
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
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Opinion of Advocate General Bobek delivered on 15 November 2018
ECLI:EU:C:2018:918 |
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Judgment of the Court (Third Chamber) of 4 July 2019
ECLI:EU:C:2019:563 |
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Case C-622/17 Baltic Media Alliance v Lietuvos radijo ir televizijos komisija
Reference for a preliminary ruling — Freedom to provide services — Directive 2010/13/EU — Audiovisual media services — Television broadcasting — Article 3(1) and (2) — Freedom of reception and retransmission — Incitement to hatred on grounds of nationality — Measures taken by the receiving Member State — Temporary obligation for media service providers and other persons providing services relating to the distribution of television channels or programmes via the internet to distribute or retransmit a television channel in the territory of that Member State only in pay-to-view packages
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 28 February 2019
ECLI:EU:C:2019:154 |
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Judgment of the Court (Second Chamber) of 4 July 2019
ECLI:EU:C:2019:566 |
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Case C-624/17 Criminal proceedings against Tronex
Reference for a preliminary ruling — Environment — Waste — Shipments — Regulation (EC) No 1013/2006 — Article 2(1) — Directive 2008/98/EC — Article 3(1) — Concepts of ‘shipment of waste’ and ‘waste’ — Consignment of goods initially intended for retail sale, returned by consumers or become redundant in the seller’s product range
Request for a preliminary ruling from the Gerechtshof Den Haag
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Kokott delivered on 28 February 2019
ECLI:EU:C:2019:150 |
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Judgment of the Court (Second Chamber) of 4 July 2019
ECLI:EU:C:2019:564 |
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Case C-99/18 P FTI Touristik v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Opposition proceedings — Article 8(1)(b) — Application for registration of the figurative mark including the word element ‘Fl’ — Opposition by the proprietor of the figurative mark including the word element ‘fly.de’ — Rejection — Similarity between the signs — Name in normal script in the European Union Trade Marks Bulletin — Likelihood of confusion
Language of the case: German
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Judgment of the Court (Tenth Chamber) of 4 July 2019
ECLI:EU:C:2019:565 |
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Case C-543/17 Commission v Belgium (Article 260(3) TFEU - High-speed networks)
Failure of a Member State to fulfil obligations — Article 258 TFEU — Measures to reduce the cost of deploying high-speed electronic communications networks — Directive 2014/61/EU — No transposition and/or no notification of transposing measures — Article 260(3) TFEU — Application for an order to pay a daily penalty payment — Calculation of the amount of the penalty payment
Language of the case: French
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Opinion of Advocate General Szpunar delivered on 11 April 2019
ECLI:EU:C:2019:322 |
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Judgment of the Court (Grand Chamber) of 8 July 2019
ECLI:EU:C:2019:573 |
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Case C-649/17 Bundesverband der Verbraucherzentralen und Verbraucherverbände v Amazon EU
Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Article 6(1)(c) — Information requirements for distance and off‑premises contracts — Obligation, for a trader, to indicate its telephone number and its fax number ‘where they are available’ — Scope
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 28 February 2019
ECLI:EU:C:2019:165 |
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Judgment of the Court (First Chamber) of 10 July 2019
ECLI:EU:C:2019:576 |
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Case C-722/17 Reitbauer and Others v Casamassima
Reference for a preliminary ruling — Area of freedom, security and justice — Regulation (EU) No 1215/2012 — Jurisdiction in civil and commercial matters — Exclusive jurisdiction — Article 24(1) and (5) — Disputes in proceedings which have as their object rights in rem in immovable property and in proceedings concerned with the enforcement of judgments — Judicially ordered auction of immovable property — Opposition proceedings regarding the proceeds from that auction
Request for a preliminary ruling from the Bezirksgericht Villach
Language of the case: German
| Summary |
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Opinion of Advocate General Tanchev delivered on 3 April 2019
ECLI:EU:C:2019:285 |
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Judgment of the Court (First Chamber) of 10 July 2019
ECLI:EU:C:2019:577 |
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Case C-19/18 P VG v Commission
Appeal — Action for damages against the European Commission — Decision of the Commission to put an end to a collaboration in connection with the Team Europe network — Compensation for the damage suffered — Plea of inadmissibility raised by the Commission — Whether the dispute is contractual or tortious
Language of the case: French
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 11 April 2019
ECLI:EU:C:2019:313 |
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Judgment of the Court (First Chamber) of 10 July 2019
ECLI:EU:C:2019:578 |
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Case C-26/18 Federal Express Corporation Deutsche Niederlassung v Hauptzollamt Frankfurt am Main
Reference for a preliminary ruling – Customs Union – Regulation (EEC) No 2913/92 – Articles 202 and 203 – Customs duties on imports – Incurrence of a customs debt on account of infringements of customs legislation – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(d) and Article 30 – VAT on importation – Chargeable event – Concept of ‘importation’ of goods – Requirement that the goods must enter the economic network of the Union – Carriage of those goods to a Member State other than that in which the customs debt was incurred
Request for a preliminary ruling from the Hessisches Finanzgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 27 February 2019
ECLI:EU:C:2019:146 |
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Judgment of the Court (First Chamber) of 10 July 2019
ECLI:EU:C:2019:579 |
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Case C-39/18 P Commission v Icap Management Services and Icap New Zealand
Appeal — Competition — Agreements, decisions and concerted practices — Japanese yen interest rate derivatives sector — Decision finding an infringement of Article 101 TFEU and Article 53 of the EEA Agreement — Liability of an undertaking for its role as facilitator of the cartel — Calculation of the fine — Obligation to state reasons
Language of the case: English
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Opinion of Advocate General Tanchev delivered on 2 May 2019
ECLI:EU:C:2019:359 |
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Judgment of the Court (Third Chamber) of 10 July 2019
ECLI:EU:C:2019:584 |
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Case C-89/18 A v Udlændinge- og Integrationsministeriet
Reference for a preliminary ruling — EEC-Turkey Association Agreement — Decision No 1/80 — Article 13 — Standstill clause — Family reunification of spouses — New restriction — Overriding reason in the public interest — Successful integration — Efficient management of migration flows — Proportionality
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 14 March 2019
ECLI:EU:C:2019:210 |
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Judgment of the Court (First Chamber) of 10 July 2019
ECLI:EU:C:2019:580 |
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Case C-163/18 HQ and Others v Aegean Airlines
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights — Flight cancellation — Assistance — Right to reimbursement of the cost of the air ticket by the air carrier — Article 8(2) — Package tour — Directive 90/314/EEC — Insolvency of the tour organiser
Request for a preliminary ruling from the Rechtbank Noord-Nederland
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 28 March 2019
ECLI:EU:C:2019:275 |
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Judgment of the Court (Third Chamber) of 10 July 2019
ECLI:EU:C:2019:585 |
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Case C-210/18 WESTbahn Management v ÖBB-Infrastruktur
Reference for a preliminary ruling — Transport — Single European Railway Area — Directive 2012/34/EU — Article 3 — Concept of ‘railway infrastructure’ — Annex II — Minimum access — Inclusion of the use of passenger platforms
Request for a preliminary ruling from the Schienen-Control Kommission
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 28 March 2019
ECLI:EU:C:2019:277 |
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Judgment of the Court (Eighth Chamber) of 10 July 2019
ECLI:EU:C:2019:586 |
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Case C-249/18 Staatssecretaris van Financiën v CEVA Freight Holland
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Judgment of the Court (Eighth Chamber) of 10 July 2019
ECLI:EU:C:2019:587 |
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Case C-273/18 Kuršu zeme v Valsts ieņēmumu dienests
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Right to deduct input VAT — Article 168 — Goods supply chain — Refusal of the right to deduct on account of that chain’s existence — Obligation on the competent tax authority to establish the existence of an abusive practice
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
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Judgment of the Court (Eighth Chamber) of 10 July 2019
ECLI:EU:C:2019:588 |
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Case C-410/18 Aubriet v Ministre de l'Enseignement supérieur et de la recherche
Reference for a preliminary ruling — Freedom of movement for persons — Equal treatment — Social advantages — Regulation (EU) No 492/2011 — Article 7(2) — Financial aid for higher education studies — Non-resident students — Condition connected with the period of their parents’ working time on national territory — Minimum period of five years — Reference period of seven years — Method of calculation of the reference period — Date of the application for financial aid — Indirect discrimination — Justification — Proportionality
Request for a preliminary ruling from the Tribunal administratif
Language of the case: French
| Summary |
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Judgment of the Court (First Chamber) of 10 July 2019
ECLI:EU:C:2019:582 |
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Case C-530/18 EP v FO (Parental responsibility and court best placed)
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Judicial cooperation in civil matters — Jurisdiction in matters of parental responsibility — Regulation (EC) No 2201/2003 — Article 15 — Transfer of a case to a court of another Member State better placed to hear it — Exception to the general rule that the court for the place where the child is habitually resident has jurisdiction — Particular connection with another Member State — Evidence making it possible to determine the better placed court — Existence of different rules of law — Best interests of the child
Request for a preliminary ruling from the Tribunalul Ilfov
Language of the case: Romanian
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Order of the Court (Eighth Chamber) of 10 July 2019
ECLI:EU:C:2019:583 |
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Case C-697/17 Telecom Italia v Ministero dello Sviluppo Economico and Infratel Italia
Reference for a preliminary ruling — Award of public supply and public works contracts — Directive 2014/24/EU — Article 28(2) — Restricted procedure — Economic operators permitted to tender — Requirement for the legal and substantive identity of the tendering candidate to correspond to that of the preselected candidate — Principle of equal treatment of tenderers
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 23 January 2019
ECLI:EU:C:2019:54 |
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Judgment of the Court (Fifth Chamber) of 11 July 2019
ECLI:EU:C:2019:599 |
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Case C-716/17 :
Reference for a preliminary ruling – Free movement of workers – Restrictions – Opening of a debt relief procedure – Residence condition – Admissibility – Article 45 TFEU – Direct effect
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
| Summary |
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Judgment of the Court (Fourth Chamber) of 11 July 2019
ECLI:EU:C:2019:598 |
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Case C-91/18 Commission v Greece (Tsipouro)
Failure of a Member State to fulfil obligations — Excise duties on alcohol and alcoholic beverages — Article 110 TFEU — Directive 92/83/EEC — Directive 92/84/EEC — Regulation (EC) No 110/2008 — Application of a lower rate of duty to the manufacture of national products ‘tsipouro’ and ‘tsikoudia’
Language of the case: Greek
| Summary |
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Judgment of the Court (Seventh Chamber) of 11 July 2019
ECLI:EU:C:2019:600 |
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Joined Cases C-180/18, C-286/18 and C-287/18 Agrenergy and Fusignano Due v Ministero dello Sviluppo Economico
Reference for a preliminary ruling — Environment — Directive 2009/28/EC — Article 3(3)(a) — Promotion of the use of energy from renewable sources — Production of electricity by solar photovoltaic plants — Alteration of a support scheme — Principles of legal certainty and the protection of legitimate expectations
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Tenth Chamber) of 11 July 2019
ECLI:EU:C:2019:605 |
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Case C-502/18 CS and Others v České aerolinie
Reference for a preliminary ruling — Transport — Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights — Regulation (EC) No 261/2004 — Article 5(1)(c) — Article 7(1) — Right to compensation — Connecting flights — Flights consisting of two flights operated by different air carriers — Long delay in relation to the second flight with points of departure and arrival outside the European Union and operated by a carrier established in a non-Member State)
Request for a preliminary ruling from the Městský soud v Praze
Language of the case: Czech
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Judgment of the Court (Ninth Chamber) of 11 July 2019
ECLI:EU:C:2019:604 |
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Case C-619/18 Commission v Poland (Independence of the Supreme Court)
Language of the case: Polish
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Rectification order of 11 July 2019
ECLI:EU:C:2019:615 |
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Case C-40/17 Fashion ID v Verbraucherzentrale NRW
Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Directive 95/46/EC — Article 2(d) — Notion of ‘controller’ — Operator of a website who has embedded on that website a social plugin that allows the personal data of a visitor to that website to be transferred to the provider of that plugin — Article 7(f) — Lawfulness of data processing — Taking into account of the interest of the operator of the website or of that of the provider of the social plugin — Article 2(h) and Article 7(a) — Consent of the data subject — Article 10 — Informing the data subject — National legislation allowing consumer-protection associations to bring or defend legal proceedings
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 19 December 2018
ECLI:EU:C:2018:1039 |
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Judgment of the Court (Second Chamber) of 29 July 2019
ECLI:EU:C:2019:629 |
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Case C-411/17 Inter-Environnement Wallonie and Bond Beter Leefmilieu Vlaanderen v Conseil des ministres
Reference for a preliminary ruling — Environment — Espoo Convention — Aarhus Convention — Conservation of natural habitats and of wild fauna and flora — Directive 92/43/EEC — Article 6(3) — Definition of ‘project’ — Assessment of the effects on the site concerned — Article 6(4) — Meaning of ‘imperative reasons of overriding public interest’ — Conservation of wild birds — Directive 2009/147/EC — Assessment of the effects of certain public and private projects on the environment — Directive 2011/92/EU — Article 1(2)(a) — Definition of ‘project’ — Article 2(1) — Article 4(1) — Environmental impact assessment — Article 2(4) — Exemption from assessment — Phasing out of nuclear energy — National legislation providing, first, for restarting industrial production of electricity for a period of almost 10 years at a nuclear power station that had previously been shut down, with the effect of deferring by 10 years the date initially set by the national legislature for deactivating and ceasing production at that power station, and second, for deferral, also by 10 years, of the date initially set by the legislature for deactivating and ceasing industrial production of electricity at an active power station — No environmental impact assessment
Request for a preliminary ruling from the Cour constitutionnelle
Language of the case: French
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Opinion of Advocate General Kokott delivered on 29 November 2018
ECLI:EU:C:2018:972 |
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Judgment of the Court (Grand Chamber) of 29 July 2019
ECLI:EU:C:2019:622 |
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Case C-469/17 Funke Medien NRW v Bundesrepublik Deutschland
Reference for a preliminary ruling — Copyright and related rights — Directive 2001/29/EC — Information Society — Harmonisation of certain aspects of copyright and related rights — Article 2(a) — Reproduction right — Article 3(1) — Communication to the public — Article 5(2) and (3) — Exceptions and limitations — Scope — Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 25 October 2018
ECLI:EU:C:2018:870 |
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Judgment of the Court (Grand Chamber) of 29 July 2019
ECLI:EU:C:2019:623 |
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Case C-476/17 Pelham and Others v Hütter and Schneider-Esleben
Reference for a preliminary ruling — Copyright and related rights — Directive 2001/29/EC — Information Society — Harmonisation of certain aspects of copyright and related rights — Sampling — Article 2(c) — Phonogram producer — Reproduction right — Reproduction ‘in part’ — Article 5(2) and (3) — Exceptions and limitations — Scope — Article 5(3)(d) — Quotations — Directive 2006/115/EC — Article 9(1)(b) — Distribution right — Fundamental rights — Charter of Fundamental Rights of the European Union — Article 13 — Freedom of the arts
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 12 December 2018
ECLI:EU:C:2018:1002 |
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Judgment of the Court (Grand Chamber) of 29 July 2019
ECLI:EU:C:2019:624 |
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Case C-516/17 Spiegel Online v Beck
Reference for a preliminary ruling — Copyright and related rights — Directive 2001/29/EC — Information Society — Harmonisation of certain aspects of copyright and related rights — Article 5(3) — Exceptions and limitations — Scope — Article 5(3)(c) and (d) — Reporting of current events — Quotations — Use of hyperlinks — Lawfully making available to the public — Charter of Fundamental Rights of the European Union — Article 11 — Freedom of expression and of information
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 10 January 2019
ECLI:EU:C:2019:16 |
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Judgment of the Court (Grand Chamber) of 29 July 2019
ECLI:EU:C:2019:625 |
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Case C-556/17 Torubarov v Bevándorlási és Menekültügyi Hivatal
Reference for a preliminary ruling — Common policy on asylum and subsidiary protection — Common procedures for granting international protection — Directive 2013/32/EU — Article 46(3) — Full and ex nunc examination — Article 47 of the Charter of Fundamental Rights of the European Union — Right to an effective remedy — Extent of the powers of the first-instance court or tribunal — No power to vary — Refusal by the competent administrative or quasi-judicial body to comply with a decision of that court or tribunal
Request for a preliminary ruling from the Pécsi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Bobek delivered on 30 April 2019
ECLI:EU:C:2019:339 |
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Judgment of the Court (Grand Chamber) of 29 July 2019
ECLI:EU:C:2019:626 |
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Case C-589/17 Prenatal v Tribunal Económico Administrativo Regional de Cataluña
Reference for a preliminary ruling – Imports of textile products incorrectly declared as originating in Jamaica – Post-clearance recovery of import duties – Request for remission of duties – Regulation (EEC) No 2913/92 – Common customs code – Article 220(2)(b) and Article 239 – Rejection decision of the European Commission in a special case – Validity
Request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Sharpston delivered on 7 February 2019
ECLI:EU:C:2019:104 |
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Judgment of the Court (Second Chamber) of 29 July 2019
ECLI:EU:C:2019:631 |
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Case C-620/17 Hochtief Solutions Magyarországi Fióktelepe v Fővárosi Törvényszék
Reference for a preliminary ruling — Public procurement — Review procedures — Directive 89/665/EEC — Directive 92/13/EEC — Right to effective judicial protection — Principles of effectiveness and equivalence — Action for review of judicial decisions in breach of EU law — Liability of the Member States in the event of infringement of EU law by national courts or tribunals — Assessment of damage eligible for compensation
Request for a preliminary ruling from the Székesfehérvári Törvényszék
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Bobek delivered on 30 April 2019
ECLI:EU:C:2019:340 |
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Judgment of the Court (Fourth Chamber) of 29 July 2019
ECLI:EU:C:2019:630 |
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Case C-654/17 P Bayerische Motoren Werke and Freistaat Sachsen v Commission
Appeal – State aid – Regional investment aid – Aid for a large investment project – Aid partly incompatible with the internal market – Article 107(3) TFEU – Whether the aid is necessary – Article 108(3) TFEU – Regulation (EC) No 800/2008 – Aid exceeding the individual notification threshold – Notification – Scope of the block exemption – Cross-appeal – Whether an intervention before the General Court of the European Union may proceed – Admissibility
Language of the case: German
| Summary |
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Opinion of Advocate General Tanchev delivered on 3 April 2019
ECLI:EU:C:2019:284 |
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Judgment of the Court (Fifth Chamber) of 29 July 2019
ECLI:EU:C:2019:634 |
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Case C-659/17 INPS v Azienda Napoletana Mobilità
Reference for a preliminary ruling — State aid — Employment aid — Exemption from social security contributions in connection with training and work experience contracts — Decision 2000/128/EC — Aid granted by Italy to promote employment — Aid incompatible in part with the internal market — Applicability of Decision 2000/128/EC to an undertaking exclusively providing local public transport services which were directly awarded to it by a municipality — Article 107(1) TFEU — Concept of ‘distortion of competition’ — Concept of ‘effect on trade’ between Member States
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Opinion of Advocate General Hogan delivered on 6 June 2019
ECLI:EU:C:2019:475 |
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Judgment of the Court (Second Chamber) of 29 July 2019
ECLI:EU:C:2019:633 |
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Case C-680/17 Vethanayagam and Others v Minister van Buitenlandse Zaken
Reference for a preliminary ruling — Area of freedom, security and justice — Community Visa code — Regulation (EC) No 810/2009 — Article 5 — Member State competent for examining and deciding on a visa application — Article 8 — Representation arrangement — Article 32(3) — Appeal against a decision to refuse a visa — Member State competent to rule on the appeal where a representation arrangement is in place — Persons entitled to bring an appeal
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Utrecht
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 28 March 2019
ECLI:EU:C:2019:278 |
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Judgment of the Court (First Chamber) of 29 July 2019
ECLI:EU:C:2019:627 |
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Case C-38/18 Criminal procedure against Gambino and Hyka
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2012/29/EU — Minimum standards on the rights, support and protection of victims of crime — Articles 16 and 18 — Examination of the victim by a criminal court of first instance — Alteration of the composition of the panel of judges — Fresh examination of the victim at the request of one of the parties to the proceedings — Charter of Fundamental Rights of the European Union — Articles 47 and 48 — Right to a fair trial and rights of the defence — Principle of immediacy — Scope — Victim’s right to protection during criminal proceedings
Request for a preliminary ruling from the Tribunale di Bari
Language of the case: Italian
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Opinion of Advocate General Bot delivered on 14 March 2019
ECLI:EU:C:2019:208 |
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Judgment of the Court (First Chamber) of 29 July 2019
ECLI:EU:C:2019:628 |
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Case C-124/18 P Red Bull v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 4 and Article 7(1)(a) — Absolute ground for refusal — Invalidity proceedings — Combination of two colours per se — No systematic arrangement associating the colours in a predetermined and uniform way
Language of the case: English
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Judgment of the Court (Tenth Chamber) of 29 July 2019
ECLI:EU:C:2019:641 |
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Case C-209/18 Commission v Austria (Civil engineers, patent agents and veterinary surgeons)
Failure of a Member State to fulfil obligations — Infringement of Directive 2006/123/EC and Articles 49 and 56 TFEU — Restrictions and requirements relating to the location of the registered office, legal form, shareholding and multidisciplinary activities of partnerships and companies of civil engineers, patent agents and veterinary surgeons
Language of the case: German
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Judgment of the Court (Fourth Chamber) of 29 July 2019
ECLI:EU:C:2019:632 |
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Case C-354/18 Rusu v SC Blue Air - Airline Management Solutions
Reference for a preliminary ruling — Regulation (EC) No 261/2004 — Air transport — Denied boarding — Concepts of ‘compensation’ and ‘further compensation’ — Type of damage for which compensation is available — Material or non-material damage — Deduction — Further compensation — Assistance — Information provided to passengers
Request for a preliminary ruling from the Tribunalul Bacău
Language of the case: Romanian
| Summary |
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Judgment of the Court (Eighth Chamber) of 29 July 2019
ECLI:EU:C:2019:637 |
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Case C-388/18 Finanzamt A v B (Turnover of a second-hand car dealer)
Reference for a preliminary ruling — Taxation — Harmonisation of fiscal legislation — Directive 2006/112/EC — Common system of value added tax (VAT) — Point 1 of the first paragraph of Article 288 and Article 315 — Special scheme for small enterprises — Special arrangements for taxable dealers — Taxable dealer falling under the margin scheme — Annual turnover determining whether the special scheme for small enterprises is applicable — Profit margin or amounts received
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Tenth Chamber) of 29 July 2019
ECLI:EU:C:2019:642 |
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Case C-436/18 P Shanxi Taigang Stainless Steel v Commission
Appeal — Dumping — Imposition of a definitive anti-dumping duty on certain products originating in China — Implementing Regulation (EU) 2015/1429 — Regulation (EC) No 1225/2009 — Article 2(7)(a) — Normal value — Determination on the basis of the price in a market economy third country — Selection of the appropriate third country — Market economy third country which is subject to the same investigation — Adjustments
Language of the case: English
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Judgment of the Court (Tenth Chamber) of 29 July 2019
ECLI:EU:C:2019:643 |
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Case C-451/18 Tibor-Trans v DAF TRUCKS
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Special jurisdiction — Article 7(2) — Tort, delict or quasi-delict — Place where the harmful event occurred — Claim for compensation for damage caused by a cartel found to be contrary to Article 101 TFEU and Article 53 of the Agreement on the European Economic Area
Request for a preliminary ruling from the Győri Ítélőtábla
Language of the case: Hungarian
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Judgment of the Court (Sixth Chamber) of 29 July 2019
ECLI:EU:C:2019:635 |
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Information (on unpublished decisions)
Case C-31/19 P Seven v Shenzhen Jiayz Photo Industrial
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the figurative mark including the word element ‘sevenoak’ — Earlier international figurative mark 7SEVEN — Regulation (EC) No 207/2009 — Article 8(1)(b)
Case C-92/16 Bankia v Rengifo Jiménez and Felix Caiza
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Articles 6 and 7 — Unfair terms in consumer contracts — Accelerated repayment clause of a mortgage loan contract — Article 99 of the Rules of Procedure of the Court of Justice — Question identical to a question on which the Court has already ruled or where the reply to such a question may be clearly deduced from existing case-law — Declaration that the clause is unfair in part — Powers of the national court when dealing with a term regarded as ‘unfair’ — Replacement of the unfair term with a provision of national law — Article 53(2) of the Rules of Procedure of the Court of Justice — Question manifestly inadmissible
Case C-167/16 Banco Bilbao Vizcaya Argentaria v Quintano Ujeta and Sánchez García
Reference for a preliminary ruling — Consumer protection — Directive 93/13/CEE — Articles 6 and 7 — Unfair terms in consumer contracts — Accelerated repayment term in a mortgage loan agreement — Article 99 of the Rules of Procedure of the Court of Justice — Question identical to a question on which the Court has previously ruled or to which the answer can clearly be deduced from the case-law — Declaration that the term is unfair in part — Powers of the national court when dealing with a term regarded as ‘unfair’ — Replacement of the unfair term with a provision of national law — Article 53(2) of the Rules of Procedure of the Court of Justice — Question manifestly inadmissible
Case C-486/16 Bankia v Sánchez Martínez and Sánchez Triviño
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Articles 6 and 7 — Unfair terms in consumer contracts — Accelerated repayment term in a mortgage loan agreement — Article 99 of the Rules of Procedure of the Court of Justice — Question identical to a question on which the Court has already ruled or where the reply to such a question may be clearly deduced from existing case-law — Powers of the national court when dealing with a term regarded as ‘unfair’ — Replacement of the unfair term with a provision of national law — Principle of effectiveness — Principle of procedural autonomy
Case C-36/19 P Daico International v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Revocation proceedings — Word mark RoB — Declaration of revocation — Regulation (EC) No 2868/95 — Rule 62(3) — Due notification — Appeal manifestly unfounded
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Order of the Court (Seventh Chamber) of 4 July 2019 ECLI:EU:C:2019:568 |
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Case C-345/18 P Caviro Distillerie and Others v Commission
Appeal — Commercial policy — Dumping — Implementing Decision (EU) 2016/176 — Imports of tartaric acid originating in China and produced by Hangzhou Bioking Biochemical Engineering Co. Ltd — Regulation (EC) No 1225/2009 — Article 3(2), (3) and (5) — No material harm — Manifest error of assessment — Determination of injury — Evaluation of all relevant economic factors and indices having a bearing on the state of the EU industry — Market share
Case C-170/19 P CheapFlights International v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the figurative mark containing the word element ‘Cheapflights’ — Rejection of the application for registration — Withdrawal of the appeal before the Board of Appeal — Effect on incidental submissions
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Order of the Court (Eighth Chamber) of 10 July 2019 ECLI:EU:C:2019:581 |
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Case C-359/19 P Meblo Trade v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to show that an issue is significant with respect to the unity, consistency or development of Union law — Refusal to allow the appeal to proceed
Case C-304/18 Commission v Italy (Own resources — Recovery of a customs debt)
Failure of a Member State to fulfil obligations — Own resources — Customs duties — Finding of a customs debt — Inclusion in separate accounts — Obligation to make own resources available to the European Union — Recovery procedure initiated out of time — Default interest
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Judgment of the Court (Seventh Chamber) of 11 July 2019 ECLI:EU:C:2019:601 |
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Case C-416/18 P Azarov v Council
Appeal — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds and economic resources — List of persons, entities and bodies covered by the freezing of funds and economic resources — Maintenance of the applicant’s name — Decision by an authority of a third State — Council’s obligation to verify that that decision was taken in accordance with the rights of the defence and the right to effective judicial protection
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Judgment of the Court (Seventh Chamber) of 11 July 2019 ECLI:EU:C:2019:602 |
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Case C-434/18 Commission v Italy (National programme - radioactive waste)
Failure of a Member State to fulfil obligations — Directive 2011/70/Euratom — Responsible and safe management of spent fuel and radioactive waste — National programme — Obligation to submit to the European Commission
Case C-651/18 QB and RA v Jadransko osiguranje
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Lack of sufficient information regarding the factual and legislative context of the dispute in the main proceedings, and the reasons justifying the need for an answer to the questions referred for a preliminary ruling — Manifest inadmissibility
Case C-755/18 OST :
Article 155 of Rules of Procedure of the Court of Justice — Failure to adjudicate — None
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Order of the Court (Fourth Chamber) of 11 July 2019 ECLI:EU:C:2019:618 |
Case C-800/18 P Haskovo v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — Word mark DEVIN — Declaration of invalidity
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Order of the Court (Ninth Chamber) of 11 July 2019 ECLI:EU:C:2019:606 |
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Case C-819/18 P Next design+produktion v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Relative grounds for refusal — Likelihood of confusion — Marks devoid of any distinctive character — Criteria for assessing distinctive character — Phonetic similarity of the signs at issue — Figurative mark NUUNA
Case C-78/19 P WL v ERCEA
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Civil service — Temporary staff — Extension of the probationary period — Dismissal — Action for annulment and for damages
Case C-262/19 RM and SN v Agrotiki Trapeza Ellados
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — State aid — Granting of mortgages guaranteeing bank loans awarded to farmers — National legislation imposing a cap on the amount for which mortgages may be granted — Insufficient explanation of the reasons which led the referring court to question the interpretation of EU law — Manifest inadmissibility
Case C-412/19 P Pan v EUIPO
Appeal — EU trade mark — Article 170a(1) of the Rules of Procedure of the Court of Justice — No request that an appeal be allowed to proceed — Appeal inadmissible
Case C-438/18 Galeria Parque Nascente v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Common system of taxation applicable to mergers, divisions, partial divisions, transfers of assets and exchanges of shares concerning companies of different Member States — Directive 90/434/EEC — Articles 4 and 11 — Directive 2009/133/EC — Articles 4 and 15 — So-called ‘reverse’ merger — Tax system leading to a situation whereby, in the event of a so-called ‘reverse’ merger, costs which are incurred by the parent company relating to a loan taken out by that parent company for the purchase of shares of the subsidiary acquiring the parent company and which are deductible for that parent company, are considered non-deductible for that subsidiary
Case C-369/19 P Herrero Torres v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to show that an issue of law is significant with respect to the unity, consistency or development of Union law — Refusal to allow the appeal to proceed
Case C-196/19 P UC v Parliament
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Order of the Court (Eighth Chamber) of 23 July 2019 ECLI:EU:C:2019:653 |
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Case C-359/18 P EMA v Shire Pharmaceuticals Ireland
Appeal — Regulation (EC) No 141/2000 — Orphan medicinal products — Article 5 — Application for designation of a medicinal product as an ‘orphan medicinal product’ — Validation — Existence of a prior marketing authorisation (MA) for the same medicinal product
Case C-481/18 Commission v Italy (Human tissues and cells)
Failure of a Member State to fulfil obligations — Directive 2012/39/EU — Technical requirements for the testing of human tissues and cells — Failure to communicate or failure to transpose within the prescribed period
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Judgment of the Court (Sixth Chamber) of 29 July 2019 ECLI:EU:C:2019:636 |
September 2019
Case C-686/17 Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main v Prime Champ Deutschland Pilzkulturen
Reference for a preliminary ruling — Common organisation of the markets in agricultural products — Fruit and vegetables — Marketing rules — Concept of ‘country of origin’ — Regulation (EC) No 1234/2007 — Article 113a(1) — Regulation (EU) No 1308/2013 — Article 76(1) — Definitions relating to the non-preferential origin of goods — Regulation (EEC) No 2913/92 — Article 23(1) and (2)(b) — Regulation (EU) No 952/2013 — Article 60(1) — Delegated Regulation (EU) 2015/2446 — Article 31(b) — Stages of production carried out in another Member State — Labelling of foodstuffs — Prohibition on labelling which could mislead the consumer — Directive 2000/13/EC — Article 2(1)(a)(i) — Regulation (EU) No 1169/2011 — Article 7(1)(a) — Article 1(4) — Article 2(3) — Explanatory elements
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Saugmandsgaard Øe delivered on 4 April 2019
ECLI:EU:C:2019:291 |
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Judgment of the Court (First Chamber) of 4 September 2019
ECLI:EU:C:2019:659 |
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Case C-43/18 CFE v Région de Bruxelles-Capitale
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Rectification order of 4 September 2019
ECLI:EU:C:2019:691 |
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Case C-71/18 Skatteministeriet v KPC Herning
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Sale of land on which a building is located at the time of supply — Classification — Articles 12 and 135 — Concept of ‘building land’ — Concept of ‘building’ — Assessment of the economic and commercial reality — Evaluation of objective evidence — Intention of the parties
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Bobek delivered on 19 March 2019
ECLI:EU:C:2019:226 |
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Judgment of the Court (First Chamber) of 4 September 2019
ECLI:EU:C:2019:660 |
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Case C-321/18 Terre wallonne v Région wallonne
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Rectification order of 4 September 2019
ECLI:EU:C:2019:692 |
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Case C-347/18 Salvoni v Fiermonte
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 53 — Certificate relating to a judgment in civil and commercial matters in Annex I — Powers of the court of origin — Automatic verification whether there have been breaches of the rules on jurisdiction concerning consumer contracts
Request for a preliminary ruling from the Tribunale di Milano
Language of the case: Italian
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Opinion of Advocate General Bobek delivered on 7 May 2019
ECLI:EU:C:2019:370 |
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Judgment of the Court (First Chamber) of 4 September 2019
ECLI:EU:C:2019:661 |
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Case C-473/18 GP v Bundesagentur für Arbeit, Familienkasse Baden-Württemberg West
Reference for a preliminary ruling – Social security – Migrant workers – EU rules on currency conversion – Regulation (EC) No 987/2009 – Decision No H3 of the Administrative Commission for the Coordination of Social Security Systems – Calculation of the differential supplement to family allowances that is payable to a worker residing in a Member State and working in Switzerland – Determination of the reference date for the rate of conversion
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 4 September 2019
ECLI:EU:C:2019:662 |
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Joined Cases C-447/17 P and C-479/17 P European Union v Guardian Europe and Guardian Europe v European Union
Appeals — Actions for damages — Second paragraph of Article 340 TFEU — Excessive length of the proceedings in a case before the General Court of the European Union — Compensation for the damage allegedly sustained by the applicant — Concept of a ‘single undertaking’ not applied — Material damage — Bank guarantee costs — Causal link –– Loss of profit — Non-pecuniary damage — Liability of the European Union for damage caused by infringements of EU law arising from a decision of the General Court –– No incurring of liability
Language of the case: English
| Summary |
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Rectification order of 15 October 2019
ECLI:EU:C:2019:883 |
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Judgment of the Court (First Chamber) of 5 September 2019
ECLI:EU:C:2019:672 |
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Case C-28/18 Verein für Konsumenteninformation v Deutsche Bahn
Reference for a preliminary ruling — Technical and business requirements for credit transfers and direct debits in euro — Regulation (EU) No 260/2012 — Single euro payments area (SEPA) — Payment by direct debit — Article 9(2) — Accessibility of payments — Residence condition
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 2 May 2019
ECLI:EU:C:2019:358 |
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Judgment of the Court (Fifth Chamber) of 5 September 2019
ECLI:EU:C:2019:673 |
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Case C-145/18 Regards Photographiques v Ministre de l'Action et des Comptes publics
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 103(2)(a) — Article 311(1), point 2 — Annex IX, Part A, point 7 — Reduced rate of VAT — Works of art — Concept — Photographs taken by the artist, printed by him or under his supervision, signed and numbered and limited to 30 copies — National legislation restricting the application of the reduced rate of VAT only to photographs that have artistic character
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Opinion of Advocate General Szpunar delivered on 7 March 2019
ECLI:EU:C:2019:184 |
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Judgment of the Court (Second Chamber) of 5 September 2019
ECLI:EU:C:2019:668 |
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Case C-172/18 AMS Neve and Others v Heritage Audio and Rodríguez Arribas
Reference for a preliminary ruling — EU trade mark — Regulation (EC) No 207/2009 — Article 97(5) — Jurisdiction — Infringement proceedings — Jurisdiction of the courts of the Member State in which ‘the act of infringement has been committed’ — Advertising and offers for sale displayed on a website and on social media platforms
Request for a preliminary ruling from the Court of Appeal
Language of the case: English
| Summary |
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Opinion of Advocate General Szpunar delivered on 28 March 2019
ECLI:EU:C:2019:276 |
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Judgment of the Court (Fifth Chamber) of 5 September 2019
ECLI:EU:C:2019:674 |
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Case C-331/18 TE v Pohotovosť
Reference for a preliminary ruling — Directive 2008/48/EC — Consumer protection — Consumer credit — Article 10(2)(h) and (i) and Article 10(3) — Information to be included in the agreement — National legislation laying down an obligation to specify for each payment the distribution between the repayment of capital, interest and charges
Request for a preliminary ruling from the Krajský súd v Prešove
Language of the case: Slovak
| Summary |
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Judgment of the Court (Sixth Chamber) of 5 September 2019
ECLI:EU:C:2019:665 |
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Case C-333/18 Lombardi v Comune di Auletta and Others
Reference for a preliminary ruling — Review procedures on the award of public supply and public works contracts — Directive 89/665/EEC — Action for annulment of the decision awarding a public contract by a tenderer whose bid was unsuccessful — Counterclaim brought by the successful tenderer — Admissibility of the main action in the event that the counterclaim is well founded
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Tenth Chamber) of 5 September 2019
ECLI:EU:C:2019:675 |
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Case C-377/18 Criminal proceedings against AH and Others (Presumption of innocence)
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive (EU) 2016/343 — Article 4(1) — Presumption of innocence — Public references to guilt — Agreement concluded between the prosecutor and the perpetrator of an offence — National case-law providing for the identification of accused persons who have not concluded such an agreement — Charter of Fundamental Rights — Article 48
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 13 June 2019
ECLI:EU:C:2019:491 |
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Judgment of the Court (Second Chamber) of 5 September 2019
ECLI:EU:C:2019:670 |
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Case C-417/18 AW and Others v Lietuvos valstybė (Calls to 112)
Reference for a preliminary ruling — Directive 2002/22/EC — Universal service and users’ rights relating to electronic communications networks and services — Article 26(5) — Single European emergency call number — Making available caller location information
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
| Summary |
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Judgment of the Court (Fourth Chamber) of 5 September 2019
ECLI:EU:C:2019:671 |
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Case C-443/18 Commission v Italy (Bacterium Xylella fastidiosa)
Failure of a Member State to fulfil obligations – Protection of plant health – Directive 2000/29/EC – Protection against the introduction into and the spread within the European Union of organisms harmful to plants or plant products – Article 16(1) and (3) – Implementing Decision (EU) 2015/789 – Measures to prevent the introduction into and the spread within the European Union of Xylella fastidiosa (Wells et al.) – Article 7(2)(c) – Containment measures – Obligation to remove immediately infected plants in a 20 km strip in the infected zone – Article 7(7) – Obligation to monitor – Annual surveys – Article 6(2), (7) and (9) – Eradication measures – Persistent and general failure to fulfil obligations – Article 4(3) TEU – Obligation of sincere cooperation
Language of the case: Italian
| Summary |
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Judgment of the Court (Fifth Chamber) of 5 September 2019
ECLI:EU:C:2019:676 |
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Case C-468/18 R v P (Jurisdiction for parental responsibility and maintenance)
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of decisions in matters relating to maintenance obligations — Regulation (EC) No 4/2009 — Article 3(a) and (d) and Article 5 — Court seised of three joined claims concerning the divorce of the parents of a minor child, parental responsibility and the maintenance obligation with regard to that child — Court declaring that it has jurisdiction relating to the divorce and no jurisdiction relating to parental responsibility — Jurisdiction to entertain proceedings with regard to the claim concerning the maintenance obligation — Court for the place where the defendant is habitually resident and before which he has entered an appearance
Request for a preliminary ruling from the Judecǎtoria Constanţa
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Szpunar delivered on 29 July 2019
ECLI:EU:C:2019:649 |
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Judgment of the Court (Third Chamber) of 5 September 2019
ECLI:EU:C:2019:666 |
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Case C-559/18 TDK-Lambda Germany v Hauptzollamt Lörrach
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Customs Union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Subheading 8504 40 30 — Static converters — Classification criteria — Main intended use
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 5 September 2019
ECLI:EU:C:2019:667 |
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Case C-801/18 EU v Caisse pour l'avenir des enfants
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Freedom of movement for workers — Equal treatment — Article 45 TFEU — Regulation (EC) No 883/2004 — Article 4 — Social security convention concluded between the Member State of employment and a non-member country — Family allowances — Application to a frontier worker who is neither a national nor a resident of one of the Contracting States to the convention
Request for a preliminary ruling from the Conseil supérieur de la Sécurité sociale
Language of the case: French
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Order of the Court (Sixth Chamber) of 5 September 2019
ECLI:EU:C:2019:684 |
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Case C-94/18 Chenchooliah v Minister for Justice and Equality
Reference for a preliminary ruling — Citizenship of the Union — Article 21 TFUE — Right of Union citizens and their family members to move and reside freely in the territory of a Member State — Directive 2004/38/EC — Article 3(1) and Articles 15, 27, 28, 30 and 31 — Definition of ‘beneficiary’ — Third-country national, the spouse of a Union citizen who has exercised his right to freedom of movement — Return of the Union citizen to the Member State of which he is a national, where he is serving a prison sentence — Requirements imposed on the host Member State under Directive 2004/38/EC when making a decision to remove such a third-country national
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
| Summary |
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Opinion of Advocate General Szpunar delivered on 21 May 2019
ECLI:EU:C:2019:433 |
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Judgment of the Court (Grand Chamber) of 10 September 2019
ECLI:EU:C:2019:693 |
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Case C-123/18 P HTTS v Council
Appeal — Action for damages — Restrictive measures against Iran — Compensation for the damage allegedly suffered by the appellant following its inclusion in the list of persons and entities subject to the freezing of funds and economic resources
Language of the case: German
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 5 March 2019
ECLI:EU:C:2019:173 |
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Judgment of the Court (Grand Chamber) of 10 September 2019
ECLI:EU:C:2019:694 |
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Joined Cases C-612/17 and C-613/17 FIG v ISTAT v Ministero dell'Economia e delle Finanze and FISE v ISTAT
Reference for a preliminary ruling – Regulation (EU) No 549/2013 – European system of national and regional accounts in the European Union – Paragraph 20.15 of Annex A – Control by a National Olympic Committee of national sports federations in the form of non-profit institutions (NPIs) – Second sentence of paragraph 20.15 of Annex A – Definition of ‘public intervention in the form of general regulations applicable to all units working in the same activity’ – Scope – First sentence of paragraph 20.15 of Annex A – Definition of ‘ability to determine the general policy or programme’ of an NPI – Scope – Paragraph 2.39(d), paragraph 20.15(d) and the last sentence of paragraph 20.309(i) of Annex A – Account taken of membership fees paid to the NPI
Requests for a preliminary ruling from the Corte dei Conti
Language of the case: Italian
| Summary |
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Opinion of Advocate General Hogan delivered on 28 February 2019
ECLI:EU:C:2019:149 |
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Judgment of the Court (Second Chamber) of 11 September 2019
ECLI:EU:C:2019:705 |
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Case C-676/17 Călin v Direcţia Regională a Finanţelor Publice Ploieşti and Others
Reference for a preliminary ruling — Principles of EU law — Procedural autonomy — Principles of equivalence and effectiveness — Principle of legal certainty — Res judicata — Recovery of taxes levied by a Member State in breach of EU law — Final decision of a court or tribunal imposing payment of a tax which is incompatible with EU law — Request for revision of such a decision — Time limit for submitting that request
Request for a preliminary ruling from the Curtea de Apel Ploieşti
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Bobek delivered on 5 February 2019
ECLI:EU:C:2019:94 |
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Judgment of the Court (Fourth Chamber) of 11 September 2019
ECLI:EU:C:2019:700 |
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Case C-46/18 Caseificio Sociale San Rocco and Others v AGEA and Regione Veneto
Reference for a preliminary ruling — Milk and milk products sector — Quotas — Additional levy — Regulation (EEC) No 3950/92 — Article 2 — Collection of the levy by the purchaser — Deliveries exceeding the available reference quantity of the producer — Amount of the price of milk — Mandatory application of a deduction — Reimbursement of the amount of overpaid levy — Regulation (EC) No 1392/2001 — Article 9 — Purchaser — Non‑compliance with obligation to implement the additional levy — Producers — Non-compliance with obligation to make monthly payments — Protection of legitimate expectations
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Bobek delivered on 14 March 2019
ECLI:EU:C:2019:213 |
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Judgment of the Court (Second Chamber) of 11 September 2019
ECLI:EU:C:2019:706 |
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Case C-143/18 Romano v DSL Bank
Reference for a preliminary ruling — Consumer protection — Directive 2002/65/EC — Distance consumer loan agreement — Right of withdrawal — Exercising the right of withdrawal after the contract has been performed in full at the consumer’s express request — Communication to the consumer of information regarding the right of withdrawal
Request for a preliminary ruling from the Landgericht Bonn
Language of the case: German
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 28 March 2019
ECLI:EU:C:2019:273 |
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Judgment of the Court (First Chamber) of 11 September 2019
ECLI:EU:C:2019:701 |
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Case C-383/18 Lexitor v Spółdzielcza Kasa Oszczędnościowo and Others
Reference for a preliminary ruling — Consumer protection — Credit agreements for consumers — Directive 2008/48/EC — Article 16(1) — Early repayment — Right of the consumer to a reduction in the total cost of the credit, consisting of the interest and the costs for the remaining duration of the contract
Request for a preliminary ruling from the Sąd Rejonowy Lublin-Wschód w Lublinie z siedzibą w Świdniku
Language of the case: Polish
| Summary |
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Opinion of Advocate General Hogan delivered on 23 May 2019
ECLI:EU:C:2019:451 |
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Judgment of the Court (First Chamber) of 11 September 2019
ECLI:EU:C:2019:702 |
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Case C-397/18 DW v Nobel Plastiques Ibérica
Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(2)(b)(ii) and Article 5 — Prohibition of any discrimination based on a disability — Worker particularly susceptible to occupational risks within the meaning of national law — Existence of a ‘disability’ — Dismissal for objective reasons based on criteria of productivity, multi-skilling in the undertaking’s posts and absenteeism — Particular disadvantage for disabled persons — Indirect discrimination — Reasonable accommodation — Individual who is not competent, capable and available to perform the essential functions of the post concerned
Request for a preliminary ruling from the Juzgado de lo Social n° 3 de Barcelona
Language of the case: Spanish
| Summary |
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Judgment of the Court (First Chamber) of 11 September 2019
ECLI:EU:C:2019:703 |
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Case C-82/17 P TestBioTech and Others v Commission
Appeal — Environment — Genetically modified products — Commission decision authorising the placing on the market of products containing genetically modified soybean MON 87701 x MON 89788 — Regulation (EC) No 1367/2006 — Article 10(1) — Request for internal review of the decision, submitted under the provisions relating to public participation in environmental decision-making — Rejection of the request
Language of the case: English
| Summary |
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Opinion of Advocate General Szpunar delivered on 17 October 2018
ECLI:EU:C:2018:837 |
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Judgment of the Court (Third Chamber) of 12 September 2019
ECLI:EU:C:2019:719 |
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Case C-299/17 VG Media v Google
Reference for a preliminary ruling — Industrial policy — Approximation of laws — Directive 98/34/EC — Procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services — Article 1(11) — Concept of ‘technical regulation’
Request for a preliminary ruling from the Landgericht Berlin
Language of the case: German
| Summary |
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Opinion of Advocate General Hogan delivered on 13 December 2018
ECLI:EU:C:2018:1004 |
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Judgment of the Court (Fourth Chamber) of 12 September 2019
ECLI:EU:C:2019:716 |
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Case C-347/17 A and Others v Staatssecretaris van Economische Zaken
Reference for a preliminary ruling — Protection of health — Hygiene Package — Regulation (EC) No 853/2004 — Regulation (EC) No 854/2004 — Hygiene of food of animal origin — Poultry meat — Post-mortem inspection of carcasses — Visible contamination of a carcass — Zero-tolerance approach
Request for a preliminary ruling from the Rechtbank Rotterdam
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bobek delivered on 29 November 2018
ECLI:EU:C:2018:974 |
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Judgment of the Court (Third Chamber) of 12 September 2019
ECLI:EU:C:2019:720 |
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Case C-683/17 Cofemel v G-Star Raw
Reference for a preliminary ruling — Intellectual and industrial property — Copyright and related rights — Directive 2001/29/EC — Article 2(a) — Concept of ‘work’– Protection of works by copyright — Conditions — Connection with the protection of designs — Directive 98/71/EC — Regulation (EC) No 6/2002 — Clothing designs
Request for a preliminary ruling from the Supremo Tribunal de Justiça
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Szpunar delivered on 2 May 2019
ECLI:EU:C:2019:363 |
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Judgment of the Court (Third Chamber) of 12 September 2019
ECLI:EU:C:2019:721 |
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Case C-688/17 Bayer Pharma v Richter Gedeon Vegyészeti Gyár and Exeltis Magyarország Gyógyszerkereskedelmi
Reference for a preliminary ruling — Intellectual property — Patents — Directive 2004/48/EC — Article 9(7) — Placing on the market of products infringing a patent right — Provisional measures — Patent subsequently declared invalid — Consequences — Right to appropriate compensation for losses caused by the provisional measures
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 11 April 2019
ECLI:EU:C:2019:324 |
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Judgment of the Court (Third Chamber) of 12 September 2019
ECLI:EU:C:2019:722 |
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Case C-709/17 P Commission v Kolachi Raj Industrial
Appeal — Dumping — Implementing regulation (EU) 2015/776 — Import of bicycles consigned from Cambodia, Pakistan and the Philippines — Extension to those imports of the definitive anti-dumping duty imposed on imports of bicycles originating in China — Regulation (EC) No 1225/2009 — Article 13 — Circumvention — Assembly operations — Provenance and origin of bicycle parts — Parts consigned from China to Sri Lanka, worked in Sri Lanka and then consigned from Sri Lanka to Pakistan for assembly
Language of the case: English
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Judgment of the Court (Fourth Chamber) of 12 September 2019
ECLI:EU:C:2019:717 |
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Joined Cases C-64/18, C-140/18, C-146/18 and C-148/18 Maksimovic and Others v Bezirkshauptmannschaft Murtal and Finanzpolizei
References for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Posting of workers — Retention and translation of records of wages — Work permit — Penalties — Proportionality — Fines of a minimum predefined amount — Cumulative — No upper limit — Court costs — Custodial sentence in lieu of a fine
Requests for a preliminary ruling from the Landesverwaltungsgericht Steiermark
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 12 September 2019
ECLI:EU:C:2019:723 |
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Case C-104/18 P Koton Mağazacilik Tekstil Sanayi ve Ticaret v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Absolute grounds for invalidity — Article 52(1)(b) — Bad faith at the time that an application for a trade mark is filed
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 4 April 2019
ECLI:EU:C:2019:287 |
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Judgment of the Court (Fifth Chamber) of 12 September 2019
ECLI:EU:C:2019:724 |
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Joined Cases C-199/18, C-200/18 and C-343/18 Pollo del Campo and Others v Regione Emilia-Romagna and Others and SAIGI Società Cooperativa Agricola and MA.GE.MA. Società Agricola Cooperativa v Emilia-Romagna and A.U.S.L. Romagna
Reference for a preliminary ruling — Approximation of laws — Regulation (EC) No 882/2004 — Article 27 — Official controls of feed and food — Financing — Fees or charges payable for official controls — Whether it is possible for Member States to exempt certain categories of operator — Minimum rates for fees
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Ninth Chamber) of 12 September 2019
ECLI:EU:C:2019:718 |
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Case C-541/18 AS v Deutsches Patent- und Markenamt (#darferdas?)
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 3(1)(b) — Distinctive character — Criteria for assessment — Sign comprising a hashtag
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Fifth Chamber) of 12 September 2019
ECLI:EU:C:2019:725 |
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Case C-526/17 Commission v Italy
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive 2004/18/EC – Coordination of procedures for the award of public works contracts, public supply contracts and public service contracts – Public works concession contracts – Extension of the duration of an existing concession for the construction and operation of a motorway without publication of a contract notice
Language of the case: Italian
| Summary |
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Opinion of Advocate General Sharpston delivered on 21 March 2019
ECLI:EU:C:2019:244 |
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Judgment of the Court (Fifth Chamber) of 18 September 2019
ECLI:EU:C:2019:756 |
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Case C-700/17 Finanzamt Kyritz v Peters
Reference for a preliminary ruling — Taxation — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 132(1)(b) and (c) — Exemptions — Hospital and medical care — Provision of medical care in the exercise of the medical and paramedical professions — No confidential relationship between the person providing the care and the patient
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 18 September 2019
ECLI:EU:C:2019:753 |
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Case C-32/18 Tiroler Gebietskrankenkasse v Moser
Reference for a preliminary ruling — Social security — Migrant workers — Regulation (EC) No 987/2009 — Article 60 — Family benefits — Right to payment of the difference between the parental allowance paid in the Member State having primary competence and the childcare allowance provided by the Member State having secondary competence
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Hogan delivered on 7 March 2019
ECLI:EU:C:2019:182 |
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Judgment of the Court (Eighth Chamber) of 18 September 2019
ECLI:EU:C:2019:752 |
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Case C-47/18 Skarb Pánstwa Rzeczpospolitej Polskiej v Riel
Reference for a preliminary ruling — Regulation (EU) No 1215/2012 — Jurisdiction in civil and commercial matters — Scope — Article 1(2)(b) — Bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings — Not included — Action for a declaration that a claim exists for the purposes of its registration in insolvency proceedings — Application of Regulation (EC) No 1346/2000 — Article 41 — Content of the lodgement of a claim — Main and secondary insolvency proceedings — Lis pendens and related actions — Application by analogy of Article 29(1) of Regulation No 1215/2012 — Inadmissibility
Request for a preliminary ruling from the Oberlandesgericht Wien
Language of the case: German
| Summary |
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Opinion of Advocate General Bot delivered on 4 April 2019
ECLI:EU:C:2019:292 |
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Judgment of the Court (First Chamber) of 18 September 2019
ECLI:EU:C:2019:754 |
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Case C-222/18 VIPA v Országos Gyógyszerészeti és Élelmezés-egészségügyi Intézet
Reference for a preliminary ruling – Cross-border healthcare – Directive 2011/24/EU – Articles 3(k) and 11(1) – Prescription – Definition – Recognition of a prescription issued in another Member State by an authorised person – Conditions – Free movement of goods – Prohibition of measures having equivalent effect to quantitative restrictions on exports – Articles 35 and 36 TFEU – Restriction on the dispensing by a pharmacy of prescription-only medicinal products – Order form issued in another Member State – Justification – Protection of human health and human life – Directive 2001/83/EC – Second paragraph of Article 81 – Supply of medicinal products to the public of a Member State
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Bot delivered on 12 June 2019
ECLI:EU:C:2019:482 |
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Judgment of the Court (Fifth Chamber) of 18 September 2019
ECLI:EU:C:2019:751 |
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Case C-366/18 Ortiz Mesonero v UTE Luz Madrid Centro
Reference for a preliminary ruling — Social policy — Directive 2010/18/EU — Revised Framework Agreement on parental leave — National legislation making the granting of parental leave conditional on a reduction in working time, with a proportional reduction in pay — Shift work with variable hours — Request of the worker to perform his work at a fixed schedule to care for his minor children — Directive 2006/54/EC — Equal opportunities and equal treatment of men and women in employment and occupation — Indirect discrimination — Partial inadmissibility
Request for a preliminary ruling from the Juzgado de lo Social n° 33 de Madrid
Language of the case: Spanish
| Summary |
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Judgment of the Court (Sixth Chamber) of 18 September 2019
ECLI:EU:C:2019:757 |
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Joined Cases C-662/18 and C-672/18 AQ and DN v Ministre de l'Action et des Comptes publics (Capital gain relating to the exchange of securities)
References for a preliminary ruling — Direct taxation — Directive 90/434/EEC — Directive 2009/133/EC — Article 8 — Capital gains relating to exchange of securities transactions — Transfer of securities received at the time of the exchange — Capital gain on which tax has been deferred — Taxation of the shareholders — Taxation on the basis of different bases of assessment and rate rules — Reductions of the basis of assessment taking into account the period for which securities have been held
Requests for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Judgment of the Court (Eighth Chamber) of 18 September 2019
ECLI:EU:C:2019:750 |
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Case C-34/18 Lovasné Tóth v ERSTE Bank Hungary
Reference for a preliminary ruling — Consumer protection — Directive 93/13/CEE — Unfair terms in consumer contracts — Article 3(1) and (3) — Annex to Directive 93/13/EEC — Point 1(m) and (q) — Loan agreement secured by a mortgage — Notarial instrument — Affixation of the enforcement clause by a notary — Reversal of the burden of proof — Article 5(1) — Plain and intelligible drafting
Request for a preliminary ruling from the Fővárosi Ítélőtábla
Language of the case: Hungarian
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Judgment of the Court (Third Chamber) of 19 September 2019
ECLI:EU:C:2019:764 |
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Joined Cases C-95/18 and C-96/18 Sociale Verzekeringsbank v van den Berg and Others
References for a preliminary ruling — Social security for migrant workers — Regulation (EEC) No 1408/71 — Article 13 — Applicable law — Resident of a Member State falling within the scope of Regulation (EEC) No 1408/71 — Allowances under the old-age pension or child benefit schemes — Member State of residence and Member State of employment — Refusal
Requests for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Sharpston delivered on 26 March 2019
ECLI:EU:C:2019:252 |
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Judgment of the Court (Fourth Chamber) of 19 September 2019
ECLI:EU:C:2019:767 |
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Case C-251/18 Trace Sport v Inspecteur van de Belastingdienst/Douane, kantoor Eindhoven
Request for a preliminary ruling from the Rechtbank Noord-Holland
Language of the case: Dutch
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Judgment of the Court (Fourth Chamber) of 19 September 2019
ECLI:EU:C:2019:766 |
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Case C-467/18 Criminal proceedings against EP
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Articles 6, 47 and Article 51(1) of the Charter of Fundamental Rights of the European Union — Directive 2012/13/EU — Article 8(2) — Directive 2013/48/EU — Article 12 — Directive (EU) 2016/343 — Article 3 — National legislation authorising, on therapeutic and safety grounds, the committal to a psychiatric hospital of persons who, in a state of insanity, have committed acts representing a danger to society — Right to information about rights — Right of access to a lawyer — Right to an effective remedy — Presumption of innocence — Vulnerable persons
Request for a preliminary ruling from the Rayonen sad Lukovit
Language of the case: Bulgarian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 10 July 2019
ECLI:EU:C:2019:590 |
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Judgment of the Court (Third Chamber) of 19 September 2019
ECLI:EU:C:2019:765 |
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Case C-527/18 Gesamtverband Autoteile-Handel v KIA Motors
Reference for a preliminary ruling — Approximation of laws — Motor vehicles — Regulation (EC) No 715/2007 — First sentence of Article 6(1) — Vehicle repair and maintenance information — Manufacturers’ obligations towards independent operators — Unrestricted access in a standardised format to that information — Procedures — Prohibition of discrimination
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Judgment of the Court (Second Chamber) of 19 September 2019
ECLI:EU:C:2019:762 |
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Case C-544/18 Commissioners for Her Majesty's Revenue & Customs v Dakneviciute
Reference for a preliminary ruling — Article 49 TFEU — Freedom of establishment — Self-employment — National of a Member State who ceases to be self-employed because of the physical constraints in the late stages of pregnancy and the aftermath of childbirth — Retention of self-employed status
Request for a preliminary ruling from the Upper Tribunal
Language of the case: English
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Judgment of the Court (Fourth Chamber) of 19 September 2019
ECLI:EU:C:2019:761 |
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Case C-136/17 GC and Others v CNIL (De-referencing of sensitive data)
Reference for a preliminary ruling — Personal data — Protection of individuals with regard to the processing of personal data contained on websites — Directive 95/46/EC — Regulation (EU) 2016/679 — Search engines on the internet — Processing of data appearing on websites — Special categories of data referred to in Article 8 of Directive 95/46 and Articles 9 and 10 of Regulation 2016/679 — Applicability of those articles to operators of a search engine — Extent of that operator’s obligations with respect to those articles — Publication of data on websites solely for journalistic purposes or the purpose of artistic or literary expression — Effect on the handling of a request for de-referencing — Articles 7, 8 and 11 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Szpunar delivered on 10 January 2019
ECLI:EU:C:2019:14 |
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Judgment of the Court (Grand Chamber) of 24 September 2019
ECLI:EU:C:2019:773 |
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Case C-507/17 Google v CNIL (Territorial scope of de-referencing)
Reference for a preliminary ruling — Personal data — Protection of individuals with regard to the processing of such data — Directive 95/46/EC — Regulation (EU) 2016/679 — Internet search engines — Processing of data on web pages — Territorial scope of the right to de-referencing
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Szpunar delivered on 10 January 2019
ECLI:EU:C:2019:15 |
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Judgment of the Court (Grand Chamber) of 24 September 2019
ECLI:EU:C:2019:772 |
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Case C-185/19 KE v LF
Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Right to effective legal protection — Legal precedent — Arbitral tribunal — Manifest inadmissibility and lack of jurisdiction of the Court of Justice — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice
Request for a preliminary ruling from the Tribunalul Arbitral de pe lângă Asociaţia de arbitraj de pe lângă Baroul Cluj
Language of the case: Romanian
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Order of the Court (Sixth Chamber) of 24 September 2019
ECLI:EU:C:2019:779 |
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Case C-467/19 PPU Criminal proceedings against QR (Presumption of innocence)
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in criminal matters — Directive (EU) 2016/343 — Article 7(4) — Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings — Right to remain silent and right not to incriminate oneself — Agreement between the prosecutor and the offender — Approval of such an agreement by the court — Condition — Consent of the other accused persons — Charter of Fundamental Rights of the European Union — Not applicable
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
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Order of the Court (Second Chamber) of 24 September 2019
ECLI:EU:C:2019:776 |
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Case C-63/18 Vitali v Autostrade per l'Italia
Reference for a preliminary ruling — Articles 49 and 56 TFEU — Public procurement — Directive 2014/24/EU — Article 71 — Subcontracting — National legislation limiting the possibility of subcontracting to 30% of the total amount of the contract
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia
Language of the case: Italian
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Judgment of the Court (Fifth Chamber) of 26 September 2019
ECLI:EU:C:2019:787 |
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Case C-600/18 UTEP 2006. v Vas Megyei Kormányhivatal Hatósági Főosztály, Hatósági, Építésügyi és Oktatási Osztály
Reference for a preliminary ruling — Road transport — Articles 91 and 92 TFEU — Regulation (EU) No 165/2014 — Article 32(3), Article 33(1) and Article 41(1) — Infringement of the rules on the use of tachographs — Duty of Member States to make provision for effective, dissuasive and non-discriminatory penalties — Resident and non-resident small and medium-sized enterprises — Differential treatment
Request for a preliminary ruling from the Szombathelyi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
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Judgment of the Court (Eighth Chamber) of 26 September 2019
ECLI:EU:C:2019:784 |
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Information (on unpublished decisions)
Case C-188/19 P FV v Council
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Order of the Court (Sixth Chamber) of 3 September 2019 ECLI:EU:C:2019:690 |
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Case C-317/19 P Kayibanda and Sors v Commission
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Order of the Court (Sixth Chamber) of 3 September 2019 ECLI:EU:C:2019:688 |
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Case C-290/18 Commission v Portugal (Designation and protection of special areas of conservation)
Failure of a Member State to fulfil obligations — Environment — Directive 92/43/EEC — Wild fauna and flora — Conservation of natural habitats as well as wild fauna and flora — Article 4(4) — Annexes I and II — Sites of Community importance — Non-designation — Special areas of conservation — Necessary measures — Failure to adopt
Case C-162/19 P Iceland Foods v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Absolute grounds for refusal — Decision of the Board of Appeal to stay the proceedings and remit the case to the examiner for an examination of the absolute grounds for refusal — Appeal manifestly unfounded
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Order of the Court (Sixth Chamber) of 5 September 2019 ECLI:EU:C:2019:686 |
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Case C-230/19 P Fryč v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for annulment — Article 263, sixth para., TFEU – Starting point of the period prescribed for instituting proceedings — Delay — Appeal manifestly unfounded
Case C-239/19 Eli Lilly and Company v Genentech
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Supplementary protection certificate for medicinal products — Regulation (EC) No 469/2009 — Article 3(b) — Conditions for obtaining — Marketing authorisation — Authorisation issued to a third party — Manifest inadmissibility
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Order of the Court (Ninth Chamber) of 5 September 2019 ECLI:EU:C:2019:687 |
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Case C-499/19 P Lupu v EUIPO
Appeal — EU trade mark — Article 170a(1) of the Rules of Procedure of the Court of Justice — No request that the appeal be allowed to proceed — Appeal inadmissible
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Order of the Vice-President of the Court of 5 September 2019 ECLI:EU:C:2019:683 |
Case C-318/19 P(R) Lantmännen and Lantmännen Agroetanol v Commission
Appeal — Order for interim measures — Competition — Agreements, decisions and concerted practices — Market for biofuels — Manipulation of ethanol benchmarks — Settlement procedure — Access to allegedly confidential documents — Urgency — Serious and irreparable damage — Prima facie case
Case C-375/19 P Wirecard Technologies v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Appeal not demonstrating the significance of an issue of law with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 10 September 2019 ECLI:EU:C:2019:714 |
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Case C-540/18 P HX v Council
Appeal — Restrictive measures taken against the Syrian Arab Republic — Measures directed against influential businessmen and women engaged in activities in Syria — Proof that inclusion on the lists is well founded
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Judgment of the Court (Seventh Chamber) of 11 September 2019 ECLI:EU:C:2019:707 |
Case C-68/19 P Camomilla v EUIPO
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Order of the Court (Sixth Chamber) of 11 September 2019 ECLI:EU:C:2019:711 |
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Case C-98/19 P Comprojecto-Projectos e Construções and Others v Portugal
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Grounds of appeal not satisfying the requirements of Article 169(1) of the Rules of Procedure of the Court of Justice — Appeal in part manifestly inadmissible — Action brought by an actual or legal person against a Member State — Appeal in part manifestly unfounded — Appeal brought against a newsletter from the Registry of the General Court — Appeal in part manifestly inadmissible
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Order of the Court (Sixth Chamber) of 11 September 2019 ECLI:EU:C:2019:712 |
Case C-124/19 P Vitromed v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the figurative mark containing the word elements Vitromed Germany — Rejection of the application
Case C-421/19 P Primed Halberstadt Medizintechnik v EUIPO
Appeal — EU trade mark — Article 170b of the Court’s Rules of Procedure — Request failing to demonstrate a significant issue of law with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-444/19 P Kiku v CPVO
Appeal — Community plant variety rights — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Appeal not demonstrating the significance of an issue of law with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-358/18 P Poland v Commission
Appeal — EAGGF, EAGF and EAFRD — Expenditure excluded from EU financing — Expenditure incurred by the Republic of Poland — Producer group — Producer organisation
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Judgment of the Court (Ninth Chamber) of 19 September 2019 ECLI:EU:C:2019:763 |
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Case C-325/19 P Renew Consorzio Energie Rinnovabili v Commission and Italy
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Order of the Court (Sixth Chamber) of 19 September 2019 ECLI:EU:C:2019:768 |
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Case C-228/19 P ETI Gıda Sanayi ve Ticaret v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word sign ETI Bumbo — Rejection of the application for registration
Case C-728/18 P EM Research Organization v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Invalidity proceedings — Word mark EM — Regulation (EC) No 207/2009 — Article 7(1)(c) — Grounds for invalidity — Word mark which consists exclusively of signs or indications which may serve to designate the characteristics of goods or services — Trade mark consisting of an abbreviation
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Order of the Court (Seventh Chamber) of 25 September 2019 ECLI:EU:C:2019:781 |
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Case C-60/19 P Mouvement pour une Europe des nations et des libertés v Parliament
Appeal — Institutional law — Political parties at European level and the rules regarding their funding — Regulation (EC) No 2004/2003 — Article 7 — Prohibition on the indirect funding of a national political party — Decision of the European Parliament declaring certain expenses of a political party at the European level ineligible for a grant in respect of the financial year 2015 — Principle of sound administration — Principle of legal certainty
Case C-278/19 P Mas Que Vinos Global v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — Application for registration of the word mark EL SEÑORITO — Rejection of the application for registration — Genuine use of the earlier mark
Case C-11/18 P Klymenko v Council
Appeal — Restrictive measures taken in view of the situation in Ukraine — Freezing of funds and economic resources — List of persons, entities and bodies covered by the freezing of funds and economic resources — Maintenance of the appellant’s name — Decision by an authority of a third State — Council’s obligation to verify that that decision was taken in accordance with the rights of the defence and the right to effective judicial protection — Obligation to state reasons
Case C-556/18 Commission v Spain (Waters - Updating of the river basin management plans of the Canary Islands)
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Judgment of the Court (Seventh Chamber) of 26 September 2019 ECLI:EU:C:2019:785 |
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Case C-71/19 P Barata v Parliament
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Civil service — Officials — 2015 certification procedure — Staff Regulations of Officials — Article 45a — Complaint — Rights of defence — Article 90(2)
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Order of the Court (Ninth Chamber) of 26 September 2019 ECLI:EU:C:2019:793 |
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Case C-277/19 R. D. and A. D. v Raiffeisenbank St. Stefan-Jagerberg-Wolfsberg
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Order of the Court (Sixth Chamber) of 26 September 2019 ECLI:EU:C:2019:791 |
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Case C-315/19 YU v Wallonische Region
Reference for a preliminary ruling — Freedom of movement for workers — Road traffic — Registration of motor vehicles — Driver resident in one Member State — Vehicle registered in another Member State — Vehicle made available to an employee by an employer established in that other Member State — Obligation to provide on the spot evidence of lawful use of such a vehicle during an inspection — Proportionality
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Order of the Court (Sixth Chamber) of 26 September 2019 ECLI:EU:C:2019:792 |
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Case C-358/19 P PITEE Fogyasztóvédelmi Egyesület v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Law governing the institutions — Actions for damages — Failure by the European Commission to adopt appropriate measures to ensure compliance, by Hungarian courts, with the principles of a fair procedure — Inadmissibility — Duty of the General Court to state reasons — Appeal manifestly unfounded
Case C-461/19 P All Star v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate the significance of an issue of law with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
October 2019
Case C-616/17 Criminal proceedings against Blaise and Others
Reference for a preliminary ruling — Environment — Placing of plant protection products on the market — Regulation (EC) No 1107/2009 — Validity — Precautionary principle — Definition of the concept of ‘active substance’ — Combination of active substances — Reliability of the assessment procedure — Public access to the dossier — Tests of long-term toxicity — Pesticides — Glyphosate
Request for a preliminary ruling from the Tribunal correctionnel de Foix
Language of the case: French
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Opinion of Advocate General Sharpston delivered on 12 March 2019
ECLI:EU:C:2019:190 |
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Judgment of the Court (Grand Chamber) of 1 October 2019
ECLI:EU:C:2019:800 |
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Case C-673/17 Bundesverband der Verbraucherzentralen und Verbraucherverbände v Planet49
Reference for a preliminary ruling — Directive 95/46/EC — Directive 2002/58/EC — Regulation (EU) 2016/679 — Processing of personal data and protection of privacy in the electronic communications sector — Cookies — Concept of consent of the data subject — Declaration of consent by means of a pre-ticked checkbox
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 21 March 2019
ECLI:EU:C:2019:246 |
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Judgment of the Court (Grand Chamber) of 1 October 2019
ECLI:EU:C:2019:801 |
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Case C-495/18 Criminal proceedings against YX (Forwarding of a judgment to the Member State of nationality of the sentenced person)
Reference for a preliminary ruling — No need to adjudicate
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
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Order of the Court (Fourth Chamber) of 1 October 2019
ECLI:EU:C:2019:808 |
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Case C-93/18 Bajratari v Secretary of State for the Home Department
Reference for a preliminary ruling — Citizenship of the Union — Directive 2004/38/EC — Right of residence of a third-country national who is a direct relative in the ascending line of Union citizen minors — Article 7(1)(b) — Condition of sufficient resources — Resources formed by income from employment occupied without a residence card and work permit
Request for a preliminary ruling from the Court of Appeal in Northern Ireland
Language of the case: English
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Judgment of the Court (First Chamber) of 2 October 2019
ECLI:EU:C:2019:809 |
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Joined Cases C-152/18 P and C-153/18 P Crédit Mutuel Arkéa v ECB
Language of the case: French
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Judgment of the Court (First Chamber) of 2 October 2019
ECLI:EU:C:2019:810 |
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Case C-621/17 Kiss and CIB Bank v Kiss
Reference for a preliminary ruling – Consumer protection – Unfair terms in consumer contracts – Directive 93/13/EEC – Article 3(1) – Assessment of the unfair nature of contractual terms – Article 4(2) – Article 5 – Requirement that contractual terms be drafted in plain and intelligible language – Terms requiring the payment of costs for unspecified services
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
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Opinion of Advocate General Hogan delivered on 15 May 2019
ECLI:EU:C:2019:411 |
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Judgment of the Court (Third Chamber) of 3 October 2019
ECLI:EU:C:2019:820 |
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Case C-18/18 Glawischnig-Piesczek v Facebook Ireland
Reference for a preliminary ruling — Information society — Free movement of services — Directive 2000/31/EC — Liability of intermediary service providers — Article 14(1) and (3) — Hosting services provider — Possibility of requiring the service provider to terminate or prevent an infringement — Article 18(1) — Personal, material and territorial limits on the scope of an injunction — Article 15(1) — No general obligation to monitor
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 4 June 2019
ECLI:EU:C:2019:458 |
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Judgment of the Court (Third Chamber) of 3 October 2019
ECLI:EU:C:2019:821 |
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Case C-42/18 Finanzamt Trier v Cardpoint
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Judgment of the Court (Third Chamber) of 3 October 2019
ECLI:EU:C:2019:822 |
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Case C-70/18 Staatssecretaris van Justitie en Veiligheid v A and Others
Reference for a preliminary ruling — EEC-Turkey Association Agreement — Decision No 2/76 — Article 7 — Decision No 1/80 — Article 13 — ‘Standstill’ clauses — New restriction — Collection, registration and retention of biometric data of Turkish nationals in a central filing system — Overriding reasons of public interest — Objective of preventing and combating identity and document fraud — Articles 7 and 8 of the Charter of Fundamental Rights of the European Union — Right to respect for private life — Right to the protection of personal data — Proportionality
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Opinion of Advocate General Pitruzzella delivered on 2 May 2019
ECLI:EU:C:2019:361 |
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Judgment of the Court (First Chamber) of 3 October 2019
ECLI:EU:C:2019:823 |
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Case C-197/18 Proceedings brought by Wasserleitungsverband Nördliches Burgenland and Others
Reference for a preliminary ruling — Environment — Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources — Objective of reducing pollution — Waters affected by pollution — Maximum nitrate level of 50 mg/l — Action programmes adopted by the Member States — Rights of individuals to have such a programme amended — Locus standi before the national authorities and courts
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
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Opinion of Advocate General Kokott delivered on 28 March 2019
ECLI:EU:C:2019:274 |
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Judgment of the Court (First Chamber) of 3 October 2019
ECLI:EU:C:2019:824 |
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Case C-208/18 Petruchová v FIBO Group
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 17(1) — Jurisdiction over consumer contracts — Notion of ‘consumer’ — Natural person carrying out transactions on the international exchange market through the intermediary of a brokerage company — Regulation (EC) No 593/2008 (Rome I) — Directive 2004/39/EC — Notion of ‘retail client’
Request for a preliminary ruling from the Nejvyšší soud České republiky
Language of the case: Czech
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Opinion of Advocate General Tanchev delivered on 11 April 2019
ECLI:EU:C:2019:314 |
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Judgment of the Court (First Chamber) of 3 October 2019
ECLI:EU:C:2019:825 |
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Case C-260/18 Dziubak v Raiffeisen Bank International
Reference for a preliminary ruling — Directive 93/13/EEC — Consumer contracts — Unfair terms — Mortgage loan indexed to a foreign currency — Term relating to arrangement of the exchange rate between the currencies — Effects of a declaration that a term is unfair — Whether it is possible for the court to remedy unfair terms by having recourse to general terms of civil law — Assessment of the consumer’s interests — Continued existence of the contract without unfair terms
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
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Opinion of Advocate General Pitruzzella delivered on 14 May 2019
ECLI:EU:C:2019:405 |
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Judgment of the Court (Third Chamber) of 3 October 2019
ECLI:EU:C:2019:819 |
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Case C-267/18 Delta Antrepriză de Construcţii şi Montaj 93 v Compania Naţională de Administrare a Infrastructurii Rutiere
Reference for a preliminary ruling — Public Procurement — Public procurement procedure — Directive 2014/24/EU — Article 57(4) — Optional grounds for exclusion — Exclusion of an economic operator from participating in a public procurement procedure — Early termination of a prior contract on account of partial subcontracting — Concept of ‘significant or persistent deficiencies’ — Scope
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 8 May 2019
ECLI:EU:C:2019:393 |
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Judgment of the Court (Fourth Chamber) of 3 October 2019
ECLI:EU:C:2019:826 |
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Case C-272/18 Verein für Konsumenteninformation v TVP
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Law applicable to contractual obligations — Exclusion of company law from the scope of the Rome Convention and of Regulation (EC) No 593/2008 (Rome I) — Trust agreement concluded between a professional and a consumer for the management of shares in a limited partnership
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Opinion of Advocate General Saugmandsgaard Øe delivered on 5 September 2019
ECLI:EU:C:2019:679 |
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Judgment of the Court (First Chamber) of 3 October 2019
ECLI:EU:C:2019:827 |
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Case C-274/18 Schuch-Ghannadan v Medizinische Universität Wien
Reference for a preliminary ruling – Social policy – Framework Agreement on part-time work – Clause 4 – Principle of non-discrimination – Less favourable treatment of part-time workers compared to full-time workers as regards their conditions of employment – Prohibition – National legislation fixing a maximum duration of fixed-term employment that is longer for part-time workers than for full-time workers – Principle of pro rata temporis – Directive 2006/54/EC – Equal treatment of men and women in matters of employment and occupation – Article 2(1)(b) – Concept of ‘indirect discrimination’ on grounds of sex – Article 14(1)(c) – Employment and working conditions – Article 19 – Burden of proof
Request for a preliminary ruling from the Arbeits- und Sozialgericht Wien
Language of the case: German
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Opinion of Advocate General Pitruzzella delivered on 27 June 2019
ECLI:EU:C:2019:547 |
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Judgment of the Court (Third Chamber) of 3 October 2019
ECLI:EU:C:2019:828 |
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Case C-285/18 Proceedings brought by Kauno miesto savivaldybė and Kauno miesto savivaldybės administracija
Reference for a preliminary ruling — Public procurement — Directive 2014/24/EU — Article 12(1) — Temporal application — Freedom of the Member States as to choice of how services are provided — Limits — Public contracts subject to so-called ‘in house’ awards — In-house transaction — Overlapping of a public contract and an in-house transaction)
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
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Opinion of Advocate General Hogan delivered on 7 May 2019
ECLI:EU:C:2019:369 |
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Judgment of the Court (Fourth Chamber) of 3 October 2019
ECLI:EU:C:2019:829 |
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Case C-302/18 X v Belgische Staat (Long-term residents — stable, regular and sufficient resources)
Reference for a preliminary ruling — Immigration policy — Status of third-country nationals who are long-term residents — Directive 2003/109/EC — Conditions for acquiring long-term resident status — Article 5(1)(a) — Stable, regular and sufficient resources
Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen
Language of the case: Dutch
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Opinion of Advocate General Saugmandsgaard Øe delivered on 6 June 2019
ECLI:EU:C:2019:469 |
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Judgment of the Court (Third Chamber) of 3 October 2019
ECLI:EU:C:2019:830 |
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Case C-329/18 Valsts ieņēmumu dienests v Altic
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Procurement of food products — Deduction of input tax — Refusal of deduction — Possibly fictitious supplier — VAT fraud — Requirements relating to knowledge on the part of the purchaser — Regulation (EC) No 178/2002 — Obligations of traceability of foodstuffs and identification of the supplier — Regulations (CE) No 852/2004 and (EC) No 882/2004 — Registration obligations of operators in the food sector — Effect on the right to deduct VAT
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
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Judgment of the Court (Third Chamber) of 3 October 2019
ECLI:EU:C:2019:831 |
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Case C-378/18 Landwirtschaftskammer Niedersachsen v Westphal
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 3 October 2019
ECLI:EU:C:2019:832 |
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Case C-632/18 Fonds du Logement de la Région de Bruxelles-Capitale v Institut des Comptes nationaux (ICN)
Reference for a preliminary ruling — Economic and monetary policy — European system of national and regional accounts in the European Union — Regulation (EU) No 549/2013 — General government sector — Captive financial institution — Concept — Company offering, under government control, mortgage loans to average-income and low-income households
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Judgment of the Court (Eighth Chamber) of 3 October 2019
ECLI:EU:C:2019:833 |
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Case C-759/18 OF v PG (Divorce involving a minor)
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 2201/2003 — Jurisdiction to hear and determine an application for divorce — Jurisdiction in matters of parental responsibility and maintenance obligations with regard to the couple’s minor child — Bringing of proceedings before a court of the State of the nationality of the parties — Article 3(1)(b) — Minor child and parents resident in another Member State — Article 12(1)(b) — Prorogation of jurisdiction — Article 17 — Ascertaining jurisdiction — Concept of ‘parental responsibility’
Request for a preliminary ruling from the Judecătoria Rădăuţi
Language of the case: Romanian
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Order of the Court (Eighth Chamber) of 3 October 2019
ECLI:EU:C:2019:816 |
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Case C-171/18 Safeway v Newton and Safeway Pension Trustees
Reference for a preliminary ruling — Social policy — Article 119 of the EC Treaty (now, after amendment, Article 141 EC) — Male and female workers — Equal pay — Private occupational retirement pension scheme — Normal pension age differentiated by gender — Date of adoption of measures reinstating equal treatment — Retroactive equalisation of that age to the normal pension age of the persons previously disadvantaged
Request for a preliminary ruling from the Court of Appeal (England & Wales) (Civil Division)
Language of the case: English
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Opinion of Advocate General Tanchev delivered on 28 March 2019
ECLI:EU:C:2019:272 |
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Judgment of the Court (Grand Chamber) of 7 October 2019
ECLI:EU:C:2019:839 |
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Case C-548/18 BGL BNP Paribas v TeamBank
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in civil matters — Regulation (EC) No 593/2008 — Law applicable to contractual obligations — Article 14 — Assignment of claims — Third-party effects
Request for a preliminary ruling from the Saarländisches Oberlandesgericht
Language of the case: German
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Judgment of the Court (First Chamber) of 9 October 2019
ECLI:EU:C:2019:848 |
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Joined Cases C-573/18 and C-574/18 C v Finanzamt Z (VAT and agricultural subsidies)
Reference for a preliminary ruling — Sixth Council Directive 77/388/EEC — Article 11A(1)(a) — Taxable amount — Subsidy directly linked to price — Regulation (EC) No 2200/96 — Article 11(1) and Article 15 — Producer organisation having set up an operational fund — Deliveries made by the producer organisation to its members in exchange for payments not covering the entirety of the purchase price — Additional financing paid by the operational fund
Requests for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Judgment of the Court (Tenth Chamber) of 9 October 2019
ECLI:EU:C:2019:847 |
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Case C-489/19 PPU NJ
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 1(1) — Concept of ‘European arrest warrant’ — Minimum requirements on which validity depends — Article 6(1) — Concept of ‘issuing judicial authority’ — European arrest warrant issued by the public prosecutor’s office of a Member State — Status — Whether subordinate to a body of the executive — Power of a Minister for Justice to issue instructions in a specific case — Certification of the European arrest warrant by a court before its transmission
Request for a preliminary ruling from the Kammergericht Berlin
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 17 September 2019
ECLI:EU:C:2019:747 |
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Judgment of the Court (Second Chamber) of 9 October 2019
ECLI:EU:C:2019:849 |
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Case C-674/17 Luonnonsuojeluyhdistys Tapiola v Mustonen and Others
Reference for a preliminary ruling — Conservation of natural habitats and of wild fauna and flora — Directive 92/43/EEC — Article 12(1) — System of strict protection of animal species — Annex IV — Canis lupus (wolf) — Article 16(1)(e) — Derogation allowing the taking of certain specimens in limited numbers — Hunting for population management purposes — Evaluation of the conservation status of populations of the species concerned
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 8 May 2019
ECLI:EU:C:2019:394 |
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Judgment of the Court (Second Chamber) of 10 October 2019
ECLI:EU:C:2019:851 |
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Case C-703/17 Krah v Universität Wien
Reference for a preliminary ruling – Free movement of persons – Article 45 TFEU – Workers – Regulation (EU) No 492/2011 – Article 7(1) – Postdoctoral senior lecturers – Limitation on the recognition of previous periods of professionally relevant service completed in another Member State – System of pay linking a higher rate of pay to the duration of employment with the current employer
Request for a preliminary ruling from the Oberlandesgericht Wien
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 23 May 2019
ECLI:EU:C:2019:450 |
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Judgment of the Court (Second Chamber) of 10 October 2019
ECLI:EU:C:2019:850 |
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Case C-128/18 Dorobantu
Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Grounds for refusal of execution — Article 4 of the Charter of Fundamental Rights of the European Union — Prohibition of inhuman or degrading treatment — Conditions of detention in the issuing Member State — Assessment by the executing judicial authority — Criteria
Request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 30 April 2019
ECLI:EU:C:2019:334 |
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Judgment of the Court (Grand Chamber) of 15 October 2019
ECLI:EU:C:2019:857 |
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Joined Cases C-4/18 and C-5/18 Winterhoff v Finanzamt Ulm and Eisenbeis v Bundeszentralamt für Steuern
Reference for a preliminary ruling — Taxation — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 132(1)(a) — Exemptions for certain activities in the public interest — Public postal services — Directive 97/67/EC — Universal postal service provider — Private operator providing the service of formally serving court or administrative authority documents
Requests for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Fifth Chamber) of 16 October 2019
ECLI:EU:C:2019:860 |
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Case C-189/18 Glencore Agriculture Hungary v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
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Judgment of the Court (Fifth Chamber) of 16 October 2019
ECLI:EU:C:2019:861 |
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Case C-270/18 UPM France v Premier ministre and Ministre de l'Action et des Comptes publics
Reference for a preliminary ruling — Directive 2003/96/EC — Taxation of energy products and electricity — Third subparagraph of Article 21(5) — Exemption of small producers of electricity, subject to the taxation of electricity produced — Lack, during an authorised transitional period, of an internal tax on end consumption of electricity — Article 14(1)(a) — Obligation to exempt energy products and electricity used to produce electricity
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Judgment of the Court (Fifth Chamber) of 16 October 2019
ECLI:EU:C:2019:862 |
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Case C-490/18 SD v Agrárminiszter
Request for a preliminary ruling from the Budapest Környéki Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
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Judgment of the Court (Ninth Chamber) of 16 October 2019
ECLI:EU:C:2019:863 |
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Case C-692/17 Paulo Nascimento Consulting v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Exemptions — Article 135(1)(b) and (d) — Transactions relating to the granting, negotiation and management of credit — Transactions concerning debts, with the exception of the recovery of debt — Assignment for consideration, to a third party, of a position held in enforcement proceedings for recovery of a debt recognised by a judgment
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 2 May 2019
ECLI:EU:C:2019:362 |
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Judgment of the Court (Second Chamber) of 17 October 2019
ECLI:EU:C:2019:867 |
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Case C-31/18 Elektrorazpredelenie Yug v Komisia za energiyno i vodno regulirane
Reference for a preliminary ruling — Directive 2009/72/EC — Internal market in electricity — Article 2(3) to (6) — Concepts of electricity transmission system and electricity distribution system — Distinguishing criteria — Voltage — Ownership of installations — Article 17(1)(a) — Independent transmission operator — Articles 24 and 26 — Distribution system operator — Article 32(1) — Free third-party access — Access to medium-voltage electricity — Interconnection points between transmission and distribution systems — Discretion of the Member States
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 16 May 2019
ECLI:EU:C:2019:421 |
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Judgment of the Court (Fifth Chamber) of 17 October 2019
ECLI:EU:C:2019:868 |
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Case C-239/18 Saatgut-Treuhandverwaltung v Freistaat Thüringen
Reference for a preliminary ruling — Plant variety rights — Regulation (EC) No 2100/94 — Derogation provided for in Article 14 — Regulation (EC) No 1768/95 — Article 11(1) and (2) — Requests for information — Information provided by official bodies — Request for information on the actual use of material of specific species or varieties — Content of the request
Request for a preliminary ruling from the Thüringer Oberlandesgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 23 May 2019
ECLI:EU:C:2019:445 |
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Judgment of the Court (Fifth Chamber) of 17 October 2019
ECLI:EU:C:2019:869 |
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Case C-403/18 P Alcogroup and Alcodis v Commission
Language of the case: French
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Judgment of the Court (Eighth Chamber) of 17 October 2019
ECLI:EU:C:2019:870 |
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Case C-423/18 Südzucker v Hauptzollamt Karlsruhe
Reference for a preliminary ruling – Agriculture – Common organisation of the markets – Regulation (EC) No 967/2006 – Article 3(2) – Sugar – Surplus amount – Time limit for notifying the total levy to be paid – Time limit for a retrospective correction – Principles of proportionality, legal certainty and the protection of legitimate expectations
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 17 October 2019
ECLI:EU:C:2019:872 |
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Case C-459/18 Argenta Spaarbank v Belgische Staat
Reference for a preliminary ruling — Tax legislation — Corporation tax — Deduction for risk capital — Reduction of the amount deductible by companies with a permanent establishment in another Member State which generates exempt income under a double taxation convention — Article 49 TFEU — Freedom of establishment — Unfavourable treatment — No such treatment
Request for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen
Language of the case: Dutch
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Judgment of the Court (Seventh Chamber) of 17 October 2019
ECLI:EU:C:2019:871 |
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Case C-569/18 Caseificio Cirigliana and Others v Ministero delle Politiche agricole, alimentari e forestali and Others
Reference for a preliminary ruling — Regulation (EU) No 1151/2012 — Article 4(c) and Article 7(1)(e) — Quality schemes applicable to agricultural products and foodstuffs — Fair competition — PDO Mozzarella di Bufala Campana — Obligation to separate production areas for ‘PDO Mozzarella di Bufala Campana’
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Ninth Chamber) of 17 October 2019
ECLI:EU:C:2019:873 |
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Case C-579/18 Ministère public and Ministre des Finances du Royaume de Belgique v QC and Comida paralela 12
Reference for a preliminary ruling — Excise duty — Directive 2008/118/EC — Articles 8 and 38 — Person liable to pay excise duty following the irregular introduction of goods into a Member State — Definition — Company having civil liability for acts of its manager
Request for a preliminary ruling from the Cour d'appel de Liège
Language of the case: French
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Judgment of the Court (Ninth Chamber) of 17 October 2019
ECLI:EU:C:2019:875 |
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Case C-653/18 Unitel v Dyrektor Izby Skarbowej w Warszawie
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 146 — Exemptions on exportation — Concept of ‘supply of goods’ — Article 131 — Conditions laid down by the Member States — Principle of proportionality — Principle of fiscal neutrality — Evidence — Tax evasion — Practice of a Member State consisting in refusing the right to exemption where the person acquiring the goods exported is not identified
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Judgment of the Court (Tenth Chamber) of 17 October 2019
ECLI:EU:C:2019:876 |
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Case C-324/17 Criminal proceedings against Gavanozov
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2014/41/EU — European Investigation Order (EIO) in criminal matters — Article 5(1) — Form set out in Annex A — Section J — Absence of legal remedies in the issuing Member State
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
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Opinion of Advocate General Bot delivered on 11 April 2019
ECLI:EU:C:2019:312 |
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Judgment of the Court (First Chamber) of 24 October 2019
ECLI:EU:C:2019:892 |
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Case C-212/18 Prato Nevoso Termo Energy v Provincia di Cuneo and ARPA Piemonte
Reference for a preliminary ruling — Environment — Directive 2008/98/EC — Waste — Used vegetable oils having undergone chemical treatment — Article 6(1) and (4) — End-of-waste status — Directive 2009/28/EC — Promotion of the use of energy from renewable sources — Article 13 — National authorisation, certification and licensing procedures that are applied to plants for the production of electricity, heating or cooling from renewable energy sources — Use of a bioliquid as a power source for an electric power plant
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte
Language of the case: Italian
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Opinion of Advocate General Saugmandsgaard Øe delivered on 20 June 2019
ECLI:EU:C:2019:520 |
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Judgment of the Court (Second Chamber) of 24 October 2019
ECLI:EU:C:2019:898 |
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Joined Cases C-469/18 and C-470/18 IN and JM v Belgische Staat
Reference for a preliminary ruling — Taxation — Personal Income Tax — Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
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Opinion of Advocate General Kokott delivered on 11 July 2019
ECLI:EU:C:2019:597 |
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Judgment of the Court (Fifth Chamber) of 24 October 2019
ECLI:EU:C:2019:895 |
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Case C-515/18 Autorità Garante della Concorrenza e del Mercato v Regione autonoma della Sardegna (Direct award of a public transport service contract)
Reference for a preliminary ruling — Regulation (EC) No 1370/2007 — Public passenger transport services — Rail transport — Public service contracts — Direct award — Obligation to publish a prior information notice in relation to the direct award — Scope
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Sardegna
Language of the case: Italian
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Judgment of the Court (Tenth Chamber) of 24 October 2019
ECLI:EU:C:2019:893 |
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Case C-636/18 Commission v France (Exceedance of the limit values for nitrogen dioxide)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and persistent exceedance of the limit values for nitrogen dioxide (NO2) in certain French zones and agglomerations – Article 23(1) – Annex XV – Exceedance period ‘as short as possible’ – Appropriate measures
Language of the case: French
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Judgment of the Court (Seventh Chamber) of 24 October 2019
ECLI:EU:C:2019:900 |
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Case C-756/18 LC and MD v easyJet Airline
Reference for a preliminary ruling — Rules of Procedure of the Court of Justice — Article 99 — Air transport — Regulation (EC) No 261/2004 — Long delay of a flight — Passengers’ right to compensation — Proof of the passenger’s presence for check-in — Reservation confirmed by the air carrier
Request for a preliminary ruling from the Tribunal d'instance d'Aulnay-sous-Bois
Language of the case: French
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Order of the Court (Eighth Chamber) of 24 October 2019
ECLI:EU:C:2019:902 |
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Case C-35/19 BU v État belge
Reference for a preliminary ruling — Free movement of workers — Equal treatment — Income tax — National legislation — Tax exemption for disability allowances — Allowances received in another Member State — Not included — Difference in treatment
Request for a preliminary ruling from the Tribunal de première instance de Liège
Language of the case: French
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Judgment of the Court (Eighth Chamber) of 24 October 2019
ECLI:EU:C:2019:894 |
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Case C-613/19 P Porsche v EUIPO
Appeal — Community design — Determination as to whether appeals should be allowed to proceed– Article 170b of the Rules of Procedure of the Court — Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Language of the case: German
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Order of the Court (Chamber determining whether appeals may proceed) of 24 October 2019
ECLI:EU:C:2019:905 |
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Case C-614/19 P Porsche v EUIPO
Appeal — Community design — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court — Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Language of the case: German
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Order of the Court (Chamber determining whether appeals may proceed) of 24 October 2019
ECLI:EU:C:2019:904 |
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Case C-391/17 Commission v United Kingdom
Failure of a Member State to fulfil obligations — Own resources — Association of the Overseas Countries and Territories (OCT) with the European Union — Decision 91/482/EEC — Article 101(2) — Acceptance for import into the European Union free of customs duties of products not originating in the OCT but which are in free circulation in an OCT and are re-exported as such to the European Union — Export certificates EXP — Wrongful issue of certificates by the authorities of an OCT — Article 4(3) TEU — Principle of sincere cooperation — Liability of the Member State having special relations with the OCT concerned — Obligation to compensate for the loss of the European Union’s own resources caused by the wrongful issue of export certificates EXP — Imports of aluminium from Anguilla
Language of the case: English
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Opinion of Advocate General Bobek delivered on 6 February 2019
ECLI:EU:C:2019:97 |
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Judgment of the Court (Grand Chamber) of 31 October 2019
ECLI:EU:C:2019:919 |
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Case C-395/17 Commission v Netherlands
Failure of a Member State to fulfil obligations — Own resources — Association of the Overseas Countries and Territories (OCT) with the European Union — Decision 91/482/EEC — Decision 2001/822/EC — Acceptance for import into the European Union free of customs duties of products originating in the OCTs — Movement certificate EUR. 1 — Wrongful issue of certificates by the authorities of an OCT — Customs duties not collected by the importing Member States — Article 4(3) TEU — Principle of sincere cooperation — Liability of the Member State having special relations with the OCTs concerned — Obligation to compensate the loss of the European Union’s own resources caused by the wrongful issue of EUR.1 certificates — Imports of milk powder and rice from Curaçao and of groats and meal from Aruba
Language of the case: Dutch
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Opinion of Advocate General Bobek delivered on 6 February 2019
ECLI:EU:C:2019:98 |
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Judgment of the Court (Grand Chamber) of 31 October 2019
ECLI:EU:C:2019:918 |
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Case C-281/18 P Repower v EUIPO
Appeal – EU trade mark – Invalidity proceedings – Revocation of the Board of Appeal’s original decision partially rejecting the application for a declaration of invalidity of the EU word mark REPOWER
Language of the case: French
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 16 May 2019
ECLI:EU:C:2019:426 |
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Judgment of the Court (Second Chamber) of 31 October 2019
ECLI:EU:C:2019:916 |
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Information (on unpublished decisions)
Case C-236/19 P Szécsi and Somossy v Commission
Appeal — Law governing the institutions — Actions for damages — Alleged unlawfulness stemming from the failure to bring an action for a declaration of a failure to fulfil obligations under Article 258 TFEU — Discretionary power of the European Commission — Appeal manifestly unfounded
Case C-284/19 P Clarke v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Action for annulment — Actions for failure to act — Refusal of the European Commission to bring infringement proceedings under Article 258 TFEU against a Member State
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Order of the Court (Tenth Chamber) of 1 October 2019 ECLI:EU:C:2019:799 |
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Case C-295/19 P Apple v Pear Technologies
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Opposition proceedings — Application for registration of the figurative mark containing the word element ‘pear’ — Earlier figurative mark depicting an apple — Relative ground for refusal — Regulation (EC) No 207/2009 — Article 8(5) — No similarity between the signs at issue — Appeal manifestly unfounded)
Case C-460/19 P Stada Arzneimittel v EUIPO
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Order of the Court (Chamber determining whether appeals may proceed) of 1 October 2019 ECLI:EU:C:2019:803 |
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Case C-251/19 P Comprojecto-Projectos e Construções and Others v ECB
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Article 169 of the Rules of Procedure of the Court of Justice — Absence of form of order sought — Lack of clarity of the application — Manifest inadmissibility
Case C-293/19 P Et Djili Soy Dzhihangir Ibryam v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court — EU trade mark — Opposition proceedings — Application for registration of the figurative mark containing the word element Djili — Earlier national word mark containing the word element GILLY — Relative ground for refusal
Case C-652/18 SZ v Mitnitsa Burgas
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Controls of cash entering or leaving the European Union — Regulation (EC) No 1889/2005 — Article 3(1) — Infringement of the obligation to declare — Article 9(1) — Penalties provided for by national law — National legislation — Fine and confiscation of the undeclared sum by the State — Proportionality
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Order of the Court (Eighth Chamber) of 3 October 2019 ECLI:EU:C:2019:818 |
Case C-351/19 P Gollnisch v Parliament
Appeal — Article 181 of the Rules of Procedure of the Court — European Parliament — Decision of the President of the Delegation for Relations with Japan — List of persons authorised to take part in an interparliamentary meeting in Japan not including the applicant’s name — Period for instituting proceedings — Starting point of the period for instituting proceedings — Delay — Appeal manifestly unfounded
Case C-47/19 HA v Finanzamt Hamburg-Barmbek-Uhlenhorst
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Order of the Court (Ninth Chamber) of 7 October 2019 ECLI:EU:C:2019:840 |
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Case C-586/19 P L'Oréal v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-587/19 P L'Oréal v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-588/19 P L'Oréal v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-589/19 P L'Oréal v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-590/19 P L'Oréal v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-577/19 P KID-Systeme v EUIPO
Appeal — EU trade mark — Whether appeals may be allowed to proceed — Article 170b of the Court’s Rules of Procedure — Request failing to demonstrate a significant issue of law with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-604/16 P-DEP PT Pelita Agung Agrindustri v Council
Taxation of costs
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Order of the Court (Tenth Chamber) of 15 October 2019 ECLI:EU:C:2019:886 |
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Case C-605/16 P-DEP PT Ciliandra Perkasa v Council
Taxation of costs
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Order of the Court (Tenth Chamber) of 15 October 2019 ECLI:EU:C:2019:885 |
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Joined Cases C-439/18 and C-472/18 OH and ER v AEAT (Calculation of the length of service of vertical-cyclical part-time workers)
Reference for a preliminary ruling — Social policy — Directive 97/81/EC — Framework Agreement on part-time work — Clause 4 — Male and female workers — Principle of equal opportunities and equal treatment of men and women in matters of employment and occupation — Directive 2006/54/EC — Article 14(1) — Vertical part-time worker — Recognition of length of service — Method of calculation of three-yearly length-of-service increments — Exclusion of periods not worked
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Order of the Court (Seventh Chamber) of 15 October 2019 ECLI:EU:C:2019:858 |
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Case C-514/18 P Landeskammer für Land- und Forstwirtschaft in Steiermark v Schmid
Appeal — European Union trade mark — Regulation (EC) No 207/2009 — Article 15 — Concept of ‘genuine use’ — Requirement to use the mark in accordance with its essential function
Case C-58/19 P Azarov v Council
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Order of the Court (Seventh Chamber) of 22 October 2019 ECLI:EU:C:2019:890 |
Case C-582/19 P Holzer y Cia v EUIPO
Appeal — EU trade mark — Whether appeals may be allowed to proceed — Article 170b of the Court’s Rules of Procedure — Request failing to demonstrate a significant issue of law with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 22 October 2019 ECLI:EU:C:2019:891 |
Case C-211/17 Topaz v Juncu and Juncu (née Cernica)
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Promissory contract for sale and purchase drafted by the property developer and certified by a notary — Article 3(2) and Article 4(1) — Proof of the negotiated nature of the terms — Presumption — Consumer’s signature of the contract — Article 3(3) — Paragraph 1(d) to (f) and (i) of the Annex — Express forfeiture clause — Penalty clause — Unfairness — Articles 6 and 7 — Possibility for the national court to vary the term found to be unfair
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Order of the Court (First Chamber) of 24 October 2019 ECLI:EU:C:2019:906 |
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Case C-292/19 Porr Építési Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Common system of value added tax (VAT) — Taxable amount — Reduction — Directive 2006/112/EEC — Article 90 — Principle of fiscal neutrality — Debt that became irrecoverable following insolvency proceedings
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Order of the Court (Sixth Chamber) of 24 October 2019 ECLI:EU:C:2019:901 |
Case C-599/19 P Rietze v EUIPO
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Order of the Court (Chamber determining whether appeals may proceed) of 24 October 2019 ECLI:EU:C:2019:903 |
Case C-408/19 P Hochmann Marketing v Council
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Order of the Court (Seventh Chamber) of 31 October 2019 ECLI:EU:C:2019:946 |
Case C-409/19 P Hochmann Marketing v Commission
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Order of the Court (Seventh Chamber) of 31 October 2019 ECLI:EU:C:2019:945 |
November 2019
Joined Cases C-663/17 P, C-665/17 P and C-669/17 P ECB and Others v Trasta Komercbanka and Others
Appeal — Admissibility — Representation of a party before the Court — Power of attorney given to the lawyer — Power of attorney withdrawn by the liquidator of the appellant company — Further steps in the proceedings by the decision-making body of the appellant company — Charter of Fundamental Rights of the European Union — Article 47 — Right to an effective remedy — Regulation (EU) No 1024/2013 — Prudential supervision of credit institutions — Decision to withdraw a credit institution’s authorisation — Action for annulment before the General Court of the European Union — Admissibility — Whether the shareholders of the company whose authorisation has been withdrawn are directly concerned
Language of the case: English
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Opinion of Advocate General Kokott delivered on 11 April 2019
ECLI:EU:C:2019:323 |
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Judgment of the Court (Grand Chamber) of 5 November 2019
ECLI:EU:C:2019:923 |
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Case C-192/18 Commission v Poland (Independence of ordinary courts)
Failure of a Member State to fulfil obligations — Second subparagraph of Article 19(1) TEU — Rule of law — Effective judicial protection in the fields covered by EU law — Principles of the irremovability of judges and judicial independence — Lowering of the retirement age of judges of the ordinary Polish courts — Possibility of continuing to carry out the duties of judge beyond the newly set age, by authorisation of the Minister for Justice — Article 157 TFEU — Directive 2006/54/EC — Articles 5(a) and 9(1)(f) — Prohibition of discrimination based on sex in matters of pay, employment and occupation — Establishment of different retirement ages for men and women holding the position of judge of the ordinary Polish courts or of the Sąd Najwyższy (Supreme Court, Poland) or that of public prosecutor in Poland
Language of the case: Polish
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Opinion of Advocate General Tanchev delivered on 20 June 2019
ECLI:EU:C:2019:529 |
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Judgment of the Court (Grand Chamber) of 5 November 2019
ECLI:EU:C:2019:924 |
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Case C-68/18 Petrotel-Lukoil v Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Administrare a Marilor Contribuabili and Agenţia Naţională de Administrare Fiscală – Direcţia Generală de Soluţionare a Contestaţiilor
Reference for a preliminary ruling — Taxation of energy products and electricity — Directive 2003/96/EC — Article 21(3) — No chargeable event giving rise to taxation — Consumption of energy products on a site that produces such products — Article 2(3) — Obligation to obtain a classification for energy products in order to determine the level of excise duty — Tax rate applicable to those products — Principle of proportionality
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Szpunar delivered on 16 May 2019
ECLI:EU:C:2019:422 |
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Judgment of the Court (Fifth Chamber) of 7 November 2019
ECLI:EU:C:2019:933 |
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Joined Cases C-80/18 to C-83/18 UNESA and Others v Administración General del Estado and Others
Reference for a preliminary ruling — Polluter-pays principle — Common rules for the internal market in electricity — Directive 2009/72/EC — Article 3(1) and (2) — Principle of non-discrimination — Financing the tariff deficit — Taxes applying only to undertakings which use nuclear energy to produce electricity
Requests for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Hogan delivered on 8 May 2019
ECLI:EU:C:2019:389 |
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Judgment of the Court (Fifth Chamber) of 7 November 2019
ECLI:EU:C:2019:934 |
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Joined Cases C-105/18 to C-113/18 UNESA and Others v Administración General del Estado
Reference for a preliminary ruling — Polluter pays principle — Directive 2000/60/EC — Article 9(1) — Recovery of the costs of water services — Common rules for the internal market in electricity — Directive 2009/72/EC — Article 3(1) — Principle of non-discrimination — Article 107(1) TFEU — State aid — Tax on the use of inland waters for the production of electricity — Tax imposed only on hydroelectricity producers operating on inter-communities river basins
Requests for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Hogan delivered on 8 May 2019
ECLI:EU:C:2019:395 |
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Judgment of the Court (Fifth Chamber) of 7 November 2019
ECLI:EU:C:2019:935 |
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Case C-213/18 Guaitoli and Others v easyJet Airline
Reference for a preliminary ruling — Judicial cooperation in civil matters — Jurisdiction, recognition and enforcement of judgments in civil and commercial matters — Regulation (EU) No 1215/2012 — Article 7(1)(a) — Competent court in matters relating to a contract — Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights — Regulation (EC) No 261/2004 — Articles 5, 7, 9 and 12 — Montreal Convention — Jurisdiction — Articles 19 and 33 — Application for compensation and compensation for damage resulting from the cancellation and delay of flights
Request for a preliminary ruling from the Tribunale ordinario di Roma
Language of the case: Italian
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Judgment of the Court (First Chamber) of 7 November 2019
ECLI:EU:C:2019:927 |
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Case C-280/18 Flausch and Others v Ypourgos Perivallontos kai Energeias and Others
Reference for a preliminary ruling — Environment — Assessment of the effects of certain projects on the environment — Public participation in decision-making and access to justice — Date from which the time for bringing proceedings starts to run
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
| Summary |
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Opinion of Advocate General Kokott delivered on 23 May 2019
ECLI:EU:C:2019:449 |
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Judgment of the Court (First Chamber) of 7 November 2019
ECLI:EU:C:2019:928 |
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Joined Cases C-349/18 to C-351/18 Nationale Maatschappij der Belgische Spoorwegen v Kanyeba and Others
References for a preliminary ruling — Rail transport — Passengers’ rights and obligations — Regulation (EC) No 1371/2007 — Article 3(8) — Transport contract — Concept — Passenger without a ticket at the time of boarding a train — Unfair terms in consumer contracts — Directive 93/13/EEC — Article 1(2) and Article 6(1) — General conditions of carriage of a railway undertaking — Mandatory statutory or regulatory provisions — Penalty clause — Powers of the national court
Requests for a preliminary ruling from the Vredegerecht te Antwerpen
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 11 June 2019
ECLI:EU:C:2019:478 |
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Judgment of the Court (Fifth Chamber) of 7 November 2019
ECLI:EU:C:2019:936 |
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Joined Cases C-364/18 and C-365/18 Eni and Shell Italia E & P v Ministero dello Sviluppo Economico and Others
Reference for a preliminary ruling — Directive 94/22/EC — Energy — Conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons — Royalties — Methods of calculation — QE and PFOR indices — Discriminatory nature
Requests for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia and Tribunale Amministrativo Regionale per la Lombardia
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 13 June 2019
ECLI:EU:C:2019:503 |
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Judgment of the Court (Ninth Chamber) of 7 November 2019
ECLI:EU:C:2019:938 |
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Case C-396/18 Cafaro v DQ
Reference for a preliminary ruling – Air transport – Regulation (EU) No 1178/2011 – Annex I, Point FCL.065 – Scope ratione temporis – Directive 2000/78/EC – Equal treatment in employment and occupation – Discrimination on grounds of age – Article 2(5) – Article 4(1) – National legislation providing for the automatic termination of the employment relationship at the age of 60 – Aircraft pilots – Protection of national security
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Opinion of Advocate General Szpunar delivered on 26 June 2019
ECLI:EU:C:2019:541 |
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Judgment of the Court (First Chamber) of 7 November 2019
ECLI:EU:C:2019:929 |
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Joined Cases C-419/18 and C-483/18 Profi Credit Polska v Włostowska and Others and Profi Credit Polska v OH
References for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Article 3(1) — Article 6(1) — Article 7(1) — Directive 2008/48/EC — Article 10(2) — Credit agreements for consumers — Lawfulness of securing the debt arising under the agreement by means of a blank promissory note — Demand for payment of the debt owed under the promissory note — Scope of the court’s powers and obligations
Requests for a preliminary ruling from the Sąd Rejonowy dla Warszawy Pragi-Południe w Warszawie and Sąd Okręgowy w Opolu, II Wydział Cywilny Odwoławczy
Language of the case: Polish
| Summary |
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Judgment of the Court (First Chamber) of 7 November 2019
ECLI:EU:C:2019:930 |
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Case C-555/18 K.H.K. v B.A.C. and E.E.K. (Account preservation)
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 655/2014 — European Account Preservation Order — Article 5(a) — Obtention procedure –Article 4(8) to (10) — Definition of ‘judgment’, ‘court settlement’ and ‘authentic instrument’ — National order for payment against which an objection may be lodged — Article 18(1) — Time limits — Article 45 — Exceptional circumstances — Definition
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Szpunar delivered on 29 July 2019
ECLI:EU:C:2019:652 |
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Judgment of the Court (Sixth Chamber) of 7 November 2019
ECLI:EU:C:2019:937 |
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Case C-233/18 Haqbin v Federaal Agentschap voor de opvang van asielzoekers
Reference for a preliminary ruling — Applicants for international protection — Directive 2013/33/EU — Article 20(4) and (5) — Serious breach of the rules of the accommodation centres as well as seriously violent behaviour — Scope of the Member States’ right to determine the sanctions applicable — Unaccompanied minor — Reduction or withdrawal of material reception conditions
Request for a preliminary ruling from the Arbeidshof te Brussel
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 6 June 2019
ECLI:EU:C:2019:468 |
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Judgment of the Court (Grand Chamber) of 12 November 2019
ECLI:EU:C:2019:956 |
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Case C-261/18 Commission v Ireland (Derrybrien wind farm)
Failure of a Member State to fulfil obligations — Judgment of the Court establishing a failure to fulfil obligations — Non-compliance — Directive 85/337/EEC — Consent for, and construction of, a wind farm — Project likely to have significant effects on the environment — Absence of a prior environmental impact assessment — Obligation to regularise — Article 260(2) TFEU — Application for an order to pay a penalty payment and a lump sum
Language of the case: English
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Opinion of Advocate General Pitruzzella delivered on 13 June 2019
ECLI:EU:C:2019:493 |
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Judgment of the Court (Grand Chamber) of 12 November 2019
ECLI:EU:C:2019:955 |
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Case C-363/18 Organisation juive européenne and Vignoble Psagot v Ministre de l'Économie et des Finances
Reference for a preliminary ruling — Regulation (EU) No 1169/2011 — Provision of food information to consumers — Mandatory indication of the country of origin or place of provenance of a foodstuff where failure to indicate this might mislead the consumer — Requirement that foodstuffs originating in territories occupied by the State of Israel bear the indication of their territory of origin, accompanied, where those foodstuffs come from an Israeli settlement within that territory, by the indication of that provenance
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Opinion of Advocate General Hogan delivered on 13 June 2019
ECLI:EU:C:2019:494 |
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Judgment of the Court (Grand Chamber) of 12 November 2019
ECLI:EU:C:2019:954 |
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Case C-641/17 College Pension Plan of British Columbia v Finanzamt München Abteilung III
Reference for a preliminary ruling — Free movement of capital — Taxation of pension funds — Difference in treatment between resident pension funds and non-resident pension funds — Legislation of a Member State allowing resident pension funds to reduce their taxable profits by deducting the reserves intended to pay for pensions and to set the tax levied on dividends off against corporation tax — Comparability of situations — Justification
Request for a preliminary ruling from the Finanzgericht München
Language of the case: German
| Summary |
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Opinion of Advocate General Pikamäe delivered on 5 June 2019
ECLI:EU:C:2019:463 |
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Judgment of the Court (Second Chamber) of 13 November 2019
ECLI:EU:C:2019:960 |
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Case C-2/18 Lietuvos Respublikos Seimo narių grupė
Reference for a preliminary ruling — Common agricultural policy — Common organisation of the markets — Milk and milk products — Regulation (EC) No 1308/2013 — Article 148(4) — Contract for the delivery of raw milk — Free negotiation of price — Combating unfair commercial practices — Prohibition of payment of different prices to producers of raw milk belonging to a group that is formed according to the daily quantity sold, and of a reduction in price without justification
Request for a preliminary ruling from the Lietuvos Respublikos Konstitucinis Teismas
Language of the case: Lithuanian
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Opinion of Advocate General Bobek delivered on 7 March 2019
ECLI:EU:C:2019:180 |
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Judgment of the Court (Second Chamber) of 13 November 2019
ECLI:EU:C:2019:962 |
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Case C-585/17 Proceedings brought by Finanzamt Linz and Finanzamt Kirchdorf Perg Steyr
Reference for a preliminary ruling — State aid — Alteration of an authorised aid scheme — Article 108(3) TFEU — Notification requirement — Standstill obligation subject to approval from the European Commission — Regulation (EU) No 651/2014 — Exemption — Article 58(1) — Temporal scope of the regulation — Article 44(3) — Scope — National legislation laying down a formula for calculating a partial rebate of energy taxes
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Opinion of Advocate General Saugmandsgaard Øe delivered on 14 February 2019
ECLI:EU:C:2019:121 |
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Judgment of the Court (Fifth Chamber) of 14 November 2019
ECLI:EU:C:2019:969 |
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Case C-255/18 State Street Bank International v Banca d'Italia
Reference for a preliminary ruling — Directive 2014/59/EU — Recovery and resolution of credit institutions — National financing arrangement — Resolution authority — National fund — Articles 103 and 104 — Obligation to contribute — Ex ante contributions and extraordinary ex post contributions — Calculation — Late transposition of the directive — Delegated Regulation (EU) 2015/63 — Articles 12 and 14 — Concept of ‘change of status’ — Impact on the obligation to contribute
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 26 June 2019
ECLI:EU:C:2019:539 |
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Judgment of the Court (First Chamber) of 14 November 2019
ECLI:EU:C:2019:967 |
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Case C-445/18 Vaselife International and Chrysal International v College voor de toelating van gewasbeschermingsmiddelen en biociden
Reference for a preliminary ruling — Regulation (EC) No 1107/2009 — Placing of plant protection products on the market — Parallel trade — Modification of the period of validity of the parallel trade permit — Identity of the plant protection product and the reference product — Conditions
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
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Judgment of the Court (First Chamber) of 14 November 2019
ECLI:EU:C:2019:968 |
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Case C-484/18 Spedidam and Others v Institut national de l’audiovisuel
Reference for a preliminary ruling — Copyright and related rights — Directive 2001/29/EC — Exclusive rights of performers — Article 2(b) — Reproduction right — Article 3(2)(a) — Making available to the public — Authorisation — Presumption — National scheme exempting a public institution responsible for the conservation and promotion of the national audiovisual heritage from the requirement to obtain the performer’s written consent for the exploitation of archives containing fixations of that performer’s performances
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Opinion of Advocate General Hogan delivered on 16 May 2019
ECLI:EU:C:2019:423 |
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Judgment of the Court (Fifth Chamber) of 14 November 2019
ECLI:EU:C:2019:970 |
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Joined Cases C-609/17 and C-610/17 TSN v Hyvinvointialan liitto and AKT v Satamaoperaattorit
Reference for a preliminary ruling — Social policy — Article 153 TFEU — Minimum safety and health requirements for the organisation of working time — Directive 2003/88/EC — Article 7 — Right to paid annual leave of at least 4 weeks — Article 15 — Provisions of national legislation and collective agreements more favourable to the protection of the safety and health of workers — Workers incapable of working during a period of paid annual leave due to illness — Refusal to carry over that leave where not carrying over that leave does not reduce the actual duration of the paid annual leave below 4 weeks — Article 31(2) of the Charter of Fundamental Rights of the European Union — Inapplicable where there is no implementation of EU law for the purposes of Article 51(1) of the Charter of Fundamental Rights
Requests for a preliminary ruling from the Työtuomioistuin
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Bot delivered on 4 June 2019
ECLI:EU:C:2019:459 |
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Judgment of the Court (Grand Chamber) of 19 November 2019
ECLI:EU:C:2019:981 |
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Joined Cases C-585/18, C-624/18 and C-625/18 A. K. and Others v Sąd Najwyższy, CP v Sąd Najwyższy and DO v Sąd Najwyższy
Reference for a preliminary ruling — Directive 2000/78/EC — Equal treatment in employment and occupation — Non-discrimination on the ground of age — Lowering of the retirement age of judges of the Sąd Najwyższy (Supreme Court, Poland) — Article 9(1) — Right to a remedy — Article 47 of the Charter of Fundamental Rights of the European Union — Effective judicial protection — Principle of judicial independence — Creation of a new chamber of the Sąd Najwyższy (Supreme Court) with jurisdiction inter alia for cases of retiring the judges of that court — Chamber formed by judges newly appointed by the President of the Republic of Poland on a proposal of the National Council of the Judiciary — Independence of that council — Power to disapply national legislation not in conformity with EU law — Primacy of EU law
Requests for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
| Summary |
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Opinion of Advocate General Tanchev delivered on 27 June 2019
ECLI:EU:C:2019:551 |
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Judgment of the Court (Grand Chamber) of 19 November 2019
ECLI:EU:C:2019:982 |
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Case C-400/18 Infohos v Belgische Staat
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Sixth Directive 77/388/EEC – Article 13A(1)(f) – Exemptions – Services supplied by independent groups of persons – Services provided to members and non-members
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 11 July 2019
ECLI:EU:C:2019:607 |
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Judgment of the Court (Second Chamber) of 20 November 2019
ECLI:EU:C:2019:992 |
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Case C-706/18 X v Belgische Staat (Implied acceptance decision scheme)
Reference for a preliminary ruling — Area of freedom, security and justice — Immigration policy — Right to family reunification — Directive 2003/86/EC — Article 5(4) — Decision concerning the application for family reunification — Consequences of failure to comply with the time limit for taking a decision — Automatic issue of a residence permit
Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen
Language of the case: Dutch
| Summary |
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Judgment of the Court (Sixth Chamber) of 20 November 2019
ECLI:EU:C:2019:993 |
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Case C-737/18 P Portugal v Commission (Financial corrections under the EAGF and the EAFRD)
Appeal – European Agricultural Guarantee Fund (EAGF) – European Agricultural Fund for Rural Development (EAFRD) – Expenditure excluded from EU financing – Expenditure incurred by the Portuguese Republic
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Ninth Chamber) of 20 November 2019
ECLI:EU:C:2019:991 |
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Case C-198/18 CeDe Group v KAN
Reference for a preliminary ruling — Regulation (EC) No 1346/2000 — Articles 4 and 6 — Insolvency proceedings — Applicable law — European order for payment procedure — Failure to pay a contractual claim before bankruptcy — Exception of set-off based on a contractual claim arising prior to bankruptcy
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Bobek delivered on 30 April 2019
ECLI:EU:C:2019:335 |
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Judgment of the Court (Fourth Chamber) of 21 November 2019
ECLI:EU:C:2019:1001 |
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Case C-203/18 Deutsche Post and Leymann v Land Nordrhein-Westfalen
Reference for a preliminary ruling — Regulation (EC) No 561/2006 — Road transport — Social legislation — Vehicles used to deliver items as part of the universal postal service — Exceptions — Vehicles partly used for such delivery — Directive 97/67/EC — Article 3(1) — ‘Universal service’ — Concept
Request for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen
Language of the case: German
| Summary |
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Opinion of Advocate General Pikamäe delivered on 13 June 2019
ECLI:EU:C:2019:502 |
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Judgment of the Court (Third Chamber) of 21 November 2019
ECLI:EU:C:2019:999 |
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Case C-379/18 Deutsche Lufthansa v Land Berlin
Reference for a preliminary ruling — Air transport — Directive 2009/12/EC — Articles 3 and 6 — Article 11(1) and (7) — Airport charges — Protection of airport users’ rights — Whether it is possible for the airport managing body to agree charges lower than those approved by the independent supervisory authority — Remedies available to an airport user — Collateral challenge before a civil court giving judgment on the basis of equitable criteria
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 27 June 2019
ECLI:EU:C:2019:548 |
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Judgment of the Court (Fourth Chamber) of 21 November 2019
ECLI:EU:C:2019:1000 |
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Case C-678/18 Procureur-Generaal bij de Hoge Raad der Nederlanden
Reference for a preliminary ruling — Designs — Regulation (EC) No 6/2002 — Article 90(1) — Provisional and protective measures — Jurisdiction of national courts of first instance — Exclusive jurisdiction of the courts designated in that provision
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 18 September 2019
ECLI:EU:C:2019:760 |
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Judgment of the Court (Fourth Chamber) of 21 November 2019
ECLI:EU:C:2019:998 |
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Case C-402/18 Tedeschi and Consorzio Stabile Istant Service v C.M. Service and Università degli Studi di Roma La Sapienza
Reference for a preliminary ruling – Articles 49 and 56 TFEU – Public procurement – Directive 2004/18/EC – Article 25 – Subcontracting – National legislation limiting the possibility of subcontracting to 30% of the total value of the public contract and prohibiting prices for subcontracted works, supplies or services from being reduced by more than 20% compared to the prices stated in the decision awarding the contract
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Fifth Chamber) of 27 November 2019
ECLI:EU:C:2019:1023 |
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Case C-722/18 KROL v Porr
Reference for a preliminary ruling — Combating late payment in commercial transactions — Directive 2000/35/EC — Article 1 and Article 6(3) — Scope — National legislation — Commercial transactions financed by the EU Structural Funds and by the EU Cohesion Fund — Exclusion
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
| Summary |
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Judgment of the Court (Ninth Chamber) of 28 November 2019
ECLI:EU:C:2019:1028 |
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Case C-653/19 PPU Criminal proceedings against Spetsializirana prokuratura
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in criminal matters — Directive (EU) 2016/343 — Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings — Article 6 — Burden of proof — Continuation of the detention on remand pending trial of an accused person
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 19 November 2019
ECLI:EU:C:2019:983 |
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Judgment of the Court (First Chamber) of 28 November 2019
ECLI:EU:C:2019:1024 |
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Information (on unpublished decisions)
Case C-622/19 P Luz Saúde v EUIPO
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Order of the Court (Chamber determining whether appeals may proceed) of 5 November 2019 ECLI:EU:C:2019:925 |
Case C-75/19 MF v BNP Paribas Personal Finance SA Paris Sucursala Bucureşti and Secapital
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Directive 93/13/EEC — Consumer contracts — Consumer credit — Enforcement proceedings — Period of 15 days from communication of the enforcement proceedings to invoke the unfair nature of a term
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Order of the Court (Ninth Chamber) of 6 November 2019 ECLI:EU:C:2019:950 |
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Case C-234/19 EOS Matrix v Entazis
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Order of the Court (Sixth Chamber) of 6 November 2019 ECLI:EU:C:2019:986 |
Case C-285/19 P Geske v EUIPO
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Order of the Court (Tenth Chamber) of 6 November 2019 ECLI:EU:C:2019:949 |
Case C-296/19 P Etnia Dreams v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Opposition proceedings — No identification of the earlier mark in the notice of opposition — Principles of equal treatment and sound administration — Equality of arms — Legitimate expectations — Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-332/19 P Hércules Club de Fútbol v Commission
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Order of the Court (Tenth Chamber) of 6 November 2019 ECLI:EU:C:2019:948 |
Case C-687/17 P Aanbestedingskalender and Others v Commission
Appeal — State aid — Aid granted by the Netherlands authorities for the creation and introduction of the TenderNed electronic procurement platform — Decision that the measure does not constitute State aid, within the meaning of Article 107(1) TFEU
Case C-346/18 P Rose Vision v Commission
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Judgment of the Court (Sixth Chamber) of 7 November 2019 ECLI:EU:C:2019:939 |
Case C-38/19 P Le Pen v Parliament
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Order of the Court (Ninth Chamber) of 7 November 2019 ECLI:EU:C:2019:952 |
Case C-513/19 P.J. v (X) S.A.
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Order of the Court (Ninth Chamber) of 7 November 2019 ECLI:EU:C:2019:953 |
Case C-569/19 OM v Ministero dell'Istruzione, dell'Università e della Ricerca and Others
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Insufficient information regarding the factual and legal context of the dispute in the main proceedings and the grounds justifying why an answer to the questions referred is necessary — Manifest inadmissibility
Joined Cases C-540/17 and C-541/17 Bundesrepublik Deutschland v Hamed and Omar
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Area of freedom, security and justice — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Article 33(2)(a) — Rejection by the authorities of a Member State of an application for asylum as being inadmissible because of the prior granting of refugee status in another Member State — Article 4 of the Charter of Fundamental Rights of the European Union — Substantial risk of suffering inhuman or degrading treatment — Living conditions of those granted refugee status in that other Member State
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Order of the Court (Tenth Chamber) of 13 November 2019 ECLI:EU:C:2019:964 |
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Case C-528/18 P Outsource Professional Services v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Absolute grounds for invalidity — Article 52(1)(b) — Bad faith at the time that an application for a trade mark is filed
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Judgment of the Court (Tenth Chamber) of 13 November 2019 ECLI:EU:C:2019:961 |
Case C-536/19 P(I) EDP España v Commission
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Order of the Vice-President of the Court of 13 November 2019 ECLI:EU:C:2019:965 |
Case C-599/18 P Silec Cable and General Cable v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Proof of the infringement — Presumption of innocence — Distortion of the evidence — Public distancing — Subjective perception of other cartel participants — Infringement committed by several undertakings constituting a single economic entity — Gravity of the infringement committed by one of these undertakings — Determination — ‘Fringe player’ or ‘moderate player’ in the cartel — Determination — Principle of equal treatment
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Judgment of the Court (Seventh Chamber) of 14 November 2019 ECLI:EU:C:2019:966 |
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Case C-520/19 Armostav Místek v Odvolací finanční ředitelství
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court — Lack of sufficient information concerning the factual context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred — Manifest inadmissibility
Case C-200/19 INA and Others v Ljublanska banka
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Article 7(1)(a) — Special jurisdiction in matters relating to a contract — Concept of ‘matters relating to a contract’ — Financial obligations imposed by national law on the co-owners of a building — Legal action seeking enforcement of those obligations
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Order of the Court (Sixth Chamber) of 19 November 2019 ECLI:EU:C:2019:985 |
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Case C-486/19 Criminal proceedings against Syyttäjä and Tulli
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — State aid — Tax levied on confectionery, ice cream and soft drinks — Exemption of similar products liable to constitute State aid for the purposes of Article 107(1) TFEU — Power to impose criminal penalties for failure to fulfil obligations as regards that tax
Case C-659/19 P Nonnemacher v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law — Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may succeed) of 19 November 2019 ECLI:EU:C:2019:995 |
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Case C-660/19 P Nonnemacher v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law — Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may succeed) of 19 November 2019 ECLI:EU:C:2019:996 |
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Case C-552/18 Indaco Service v Ufficio Territoriale del Governo Taranto
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Public procurement — Directive 2014/24/EU — Article 57(4)(c) and (g) — Award of public service contracts — Optional grounds for exclusion — Grave professional misconduct — Calling into question the economic operator’s integrity — Prior contract — Performance — Breaches — Termination — Judicial remedy — Contracting authority’s assessment of the contractual breach — Preclusion until the end of the judicial proceedings
Case C-678/19 P Retail Royalty v Fashion Energy
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate the significance of an issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
Case C-389/19 P-R Commission v Sweden
Application for interim relief — Appeal — Articles 278 and 279 TFEU — Application for suspension of operation of a measure — Application for interim measures — Regulation (EC) No 1907/2006 — Chemicals — Registration, Evaluation, Authorisation and Restriction of Chemicals — Commission decision authorising certain uses of lead sulfochromate yellow and lead chromate molybdate sulfate red
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Order of the Vice-President of the Court of 21 November 2019 ECLI:EU:C:2019:1007 |
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Case C-548/19 P Bonnafous v EACEA
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Civil service — Contract staff – Decision to dismiss at the end of the probationary period — Distortion of the facts and evidence — Obligation to state reasons — Psychological harassment
Case C-591/18 P Brugg Kabel and Kabelwerke Brugg v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — Rights of the defence — Access to the file — Principle of the presumption of innocence — Distortion of the evidence
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Judgment of the Court (Seventh Chamber) of 28 November 2019 ECLI:EU:C:2019:1026 |
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Case C-593/18 P ABB v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Burden of proof — Presumption of innocence — Principle of equal treatment
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Judgment of the Court (Seventh Chamber) of 28 November 2019 ECLI:EU:C:2019:1027 |
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Case C-596/18 P LS Cable & System v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — Burden of proof — Distortion of the evidence — Public distancing from the cartel
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Judgment of the Court (Seventh Chamber) of 28 November 2019 ECLI:EU:C:2019:1025 |
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December 2019
Case C-482/17 Czech Republic v Parliament and Council
Action for annulment — Approximation of laws — Directive (EU) 2017/853 — Control of the acquisition and possession of weapons — Validity — Legal basis — Article 114 TFEU — Amendment of an existing directive — Principle of proportionality — Absence of impact assessment — Interference with the right to property — Proportionality of the measures adopted — Measures creating barriers in the internal market — Principle of legal certainty — Principle of the protection of legitimate expectations — Measures obliging Member States to adopt legislation with retroactive effect — Principle of non-discrimination — Derogation for the Swiss Confederation — Discrimination affecting Member States of the European Union or Member States of the European Free Trade Association (EFTA) other than that State
Language of the case: Czech
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Opinion of Advocate General Sharpston delivered on 11 April 2019
ECLI:EU:C:2019:321 |
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Judgment of the Court (Grand Chamber) of 3 December 2019
ECLI:EU:C:2019:1035 |
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Case C-414/18 Iccrea Banca v Banca d'Italia
Reference for a preliminary ruling — Directive 2014/59/EU — Banking Union — Recovery and resolution of credit institutions and investment firms — Annual contributions — Calculation — Regulation (EU) No 806/2014 — Implementing Regulation (EU) 2015/81 — Uniform procedure for the resolution of credit institutions and investment firms — Administrative procedure involving national authorities and an EU body — Exclusive decision-making power of the Single Resolution Board — Procedure before the national courts — Failure to bring an action for annulment before the EU Courts in due time — Delegated Regulation (EU) 2015/63 — Exclusion of certain liabilities from the calculation of contributions — Interconnectedness of a number of banks
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 9 July 2019
ECLI:EU:C:2019:574 |
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Judgment of the Court (Grand Chamber) of 3 December 2019
ECLI:EU:C:2019:1036 |
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Case C-432/18 Consorzio Tutela Aceto Balsamico di Modena v Balema
Reference for a preliminary ruling — Protection of geographical indications and designations of origin for agricultural products and foodstuffs — Regulations (EC) No 510/2006 and (EU) No 1151/2012 — Article 13(1) — Regulation (EC) No 583/2009 — Article 1 — Registration of the name ‘Aceto Balsamico di Modena (PGI)’ — Protection of the non-geographical components of that name — Scope
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Hogan delivered on 29 July 2019
ECLI:EU:C:2019:650 |
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Judgment of the Court (Fifth Chamber) of 4 December 2019
ECLI:EU:C:2019:1045 |
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Case C-493/18 UB v VA and Others
Reference for a preliminary ruling — Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EC) No 1346/2000 — Article 3(1) — Actions which derive directly from insolvency proceedings and which are closely connected with such proceedings — Sale of immovable property and creation of a mortgage — Action brought by the trustee in bankruptcy seeking a declaration that the transactions concerned are ineffective — Article 25(1) — Exclusive jurisdiction of the courts of the Member State in which the insolvency proceedings were opened
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
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Judgment of the Court (Ninth Chamber) of 4 December 2019
ECLI:EU:C:2019:1046 |
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Joined Cases C-708/17 and C-725/17 EVN Bulgaria Toplofikatsia v Dimitrova and Toplofikatsia Sofia v Dimitrov
References for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Consumer law — Article 2(1) — Concept of ‘consumer’ — Article 3(1) — Contract concluded between a trader and a consumer — Contract for the supply of district heating — Article 27 — Inertia selling — Directive 2005/29/EC — Unfair business-to-consumer commercial practices in the internal market — Article 5 — Prohibition of unfair commercial practices — Annex I — Unsolicited supply — National law requiring each owner of a property in a building in co-ownership connected to a district heating network to contribute to the costs of thermal energy consumption by the common areas and internal installation of the building — Energy efficiency — Directive 2006/32/EC — Article 13(2) — Directive 2012/27/EU — Article 10(1) — Billing information — National law providing that, in a building in co-ownership, bills for the consumption of thermal energy by the internal installation are calculated, for each owner of an apartment in the building, in proportion to the heated volume of his or her apartment
Requests for a preliminary ruling from the Rayonen sad Asenovgrad and Sofiyski rayonen sad
Language of the case: Bulgarian
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Opinion of Advocate General Saugmandsgaard Øe delivered on 30 April 2019
ECLI:EU:C:2019:333 |
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Judgment of the Court (Fourth Chamber) of 5 December 2019
ECLI:EU:C:2019:1049 |
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Joined Cases C-398/18 and C-428/18 Bocero Torrico and Bode v Instituto Nacional de la Seguridad Social and Tesorería General de la Seguridad Social
References for a preliminary ruling — Social security for migrant workers — Regulation (EC) No 883/2004 — Early retirement pension — Eligibility — Requirement for the pension to be received to be higher than the statutory minimum — Account taken only of pension acquired in the Member State concerned — No account taken of the retirement pension acquired in another Member State — Difference in treatment of workers who have exercised their right to freedom of movement
Requests for a preliminary ruling from the Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
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Opinion of Advocate General Hogan delivered on 11 July 2019
ECLI:EU:C:2019:596 |
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Judgment of the Court (Eighth Chamber) of 5 December 2019
ECLI:EU:C:2019:1050 |
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Case C-421/18 Ordre des avocats du barreau de Dinant v JN
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Article 7(1)(a) — Special jurisdiction in matters relating to a contract — Concept of ‘matters relating to a contract’ — Claim for payment of annual fees payable by a lawyer to a bar association
Request for a preliminary ruling from the Tribunal de première instance de Namur
Language of the case: French
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Opinion of Advocate General Saugmandsgaard Øe delivered on 29 July 2019
ECLI:EU:C:2019:644 |
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Judgment of the Court (First Chamber) of 5 December 2019
ECLI:EU:C:2019:1053 |
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Case C-642/18 Commission v Spain (Waste management plans)
Failure of a Member State to fulfil obligations — Directive 2008/98/EC — Articles 30 and 33 — Waste management plans — Autonomous Communities of the Balearic Islands and the Canary Islands (Spain) — Obligation to revise — Obligation to notify the Commission — No proper formal notice — Letter of formal notice sent prematurely — Inadmissibility
Language of the case: Spanish
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Opinion of Advocate General Kokott delivered on 5 September 2019
ECLI:EU:C:2019:682 |
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Judgment of the Court (Eighth Chamber) of 5 December 2019
ECLI:EU:C:2019:1051 |
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Case C-671/18 Proceedings brought by Centraal Justitieel Incassobureau (Recognition and enforcement of financial penalties)
Reference for a preliminary ruling — Area of freedom, security and justice — Judicial cooperation in criminal matters — Mutual recognition — Financial penalties — Grounds for non-recognition and non-execution — Framework Decision 2005/214/JHA — Decision by an authority of the issuing Member State based on vehicle registration data — Notification of the penalties and the appeal procedures to the person concerned — Right to effective judicial protection
Request for a preliminary ruling from the Sąd Rejonowy w Chełmnie
Language of the case: Polish
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Judgment of the Court (First Chamber) of 5 December 2019
ECLI:EU:C:2019:1054 |
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Case C-332/18 P Mytilinaios Anonymos Etairia – Omilos Epicheiriseon v Commission
Appeal — State aid — Production of aluminium — Preferential electricity supply tariff granted by a contract — Decision declaring the aid compatible with the internal market — Termination of the contract — Judicial suspension, as an interim measure, of the effects of termination — Decision declaring the aid unlawful
Language of the case: Greek
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Judgment of the Court (Eighth Chamber) of 11 December 2019
ECLI:EU:C:2019:1065 |
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Case C-708/18 TK v Asociaţia de Proprietari bloc M5A-ScaraA
Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Charter of Fundamental Rights of the European Union — Articles 7 and 8 — Directive 95/46/EC — Article 6(1)(c) and Article 7(f) — Making the processing of personal data legitimate — National legislation allowing video surveillance for the purposes of ensuring the safety and protection of individuals, property and valuables and for the pursuit of legitimate interests, without the data subject’s consent — Installation of a video surveillance system in the common parts of a residential building
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
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Judgment of the Court (Third Chamber) of 11 December 2019
ECLI:EU:C:2019:1064 |
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Case C-87/19 TV Play Baltic v Lietuvos radijo ir televizijos komisija
Reference for a preliminary ruling — Electronic communications networks and services — Directive 2002/21/EC (Framework Directive) — Article 2(m) — Provision of an electronic communications network — Concept — Directive 2002/22/EC (Universal Service Directive) — Article 31(1) — ‘Must carry’ obligation to broadcast specified radio and television channels — Operator offering a package of channels via satellite — Reasonable ‘must carry’ obligations — Conditions — Article 56 TFEU — Proportionality
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
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Judgment of the Court (Ninth Chamber) of 11 December 2019
ECLI:EU:C:2019:1063 |
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Case C-376/18 Slovenské elektrárne v Úrad pre vybrané hospodárske subjekty
Reference for a preliminary ruling — Admissibility — Common rules for the internal market in electricity — Directive 2009/72/EC — Scope — Article 3 — Objectives — Principle of non-discrimination — Special levy on the revenue of entities that are holders of an authorisation to carry on activity in regulated sectors — Electricity sector
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
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Judgment of the Court (Fifth Chamber) of 12 December 2019
ECLI:EU:C:2019:1068 |
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Case C-380/18 Staatssecretaris van Justitie en Veiligheidv E.P. (Threat to public policy)
Reference for a preliminary ruling — Border controls, asylum and immigration — Regulation (EU) 2016/399 — Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) — Article 6 — Entry conditions for third-country nationals — Concept of ‘threat to public policy’ — Return decision issued to an illegally staying third-country national
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Opinion of Advocate General Pitruzzella delivered on 11 July 2019
ECLI:EU:C:2019:609 |
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Judgment of the Court (First Chamber) of 12 December 2019
ECLI:EU:C:2019:1071 |
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Joined Cases C-381/18 and C-382/18 G.S. and V.G. v Staatssecretaris van Justitie en Veiligheid (Threat to public policy)
References for a preliminary ruling — Border controls, asylum and immigration — Immigration policy — Directive 2003/86/EC — Right to family reunification — Requirements for the exercise of the right to family reunification — Concept of ‘grounds of public policy’ — Rejection of an application for entry and residence of a family member — Withdrawal of or refusal to renew a residence permit of a family member
Requests for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Opinion of Advocate General Pitruzzella delivered on 11 July 2019
ECLI:EU:C:2019:608 |
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Judgment of the Court (First Chamber) of 12 December 2019
ECLI:EU:C:2019:1072 |
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Case C-433/18 ML v Aktiva Finants
Reference for a preliminary ruling — Regulation (EC) No 44/2001 — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Requirement for adversarial proceedings and an effective remedy — Decision of a national court declaring enforceable a judgment delivered by a court of another Member State — National procedure granting leave for further consideration of an appeal
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
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Opinion of Advocate General Bobek delivered on 29 July 2019
ECLI:EU:C:2019:645 |
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Judgment of the Court (First Chamber) of 12 December 2019
ECLI:EU:C:2019:1074 |
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Case C-435/18 Otis and Others v Land Oberösterreich and Others
Reference for a preliminary ruling — Article 101 TFEU — Damages for the loss caused by a cartel — Right to compensation of persons not acting as supplier or purchaser on the market affected by the cartel — Damage suffered by a public body which granted loans on favourable terms in order to acquire assets subject to the cartel
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Opinion of Advocate General Kokott delivered on 29 July 2019
ECLI:EU:C:2019:651 |
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Judgment of the Court (Fifth Chamber) of 12 December 2019
ECLI:EU:C:2019:1069 |
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Case C-450/18 WA v INSS (Pension supplement for mothers)
Reference for a preliminary ruling — Social policy — Directive 79/7/EEC — Equal treatment for men and women in matters of social security — Article 4(1) and (2) — Article 7(1) — Calculation of benefits — Directive 2006/54/EC — Equal treatment of men and women in matters of employment and occupation — National legislation granting a right to a pension supplement for women who have had at least two biological or adopted children, and who are in receipt of a contributory permanent incapacity pension — Same right not granted to men in an identical situation — Comparable situation — Direct discrimination on grounds of sex — No exceptions
Request for a preliminary ruling from the Juzgado de lo Social de Gerona
Language of the case: Spanish
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Opinion of Advocate General Bobek delivered on 10 September 2019
ECLI:EU:C:2019:696 |
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Judgment of the Court (First Chamber) of 12 December 2019
ECLI:EU:C:2019:1075 |
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Case C-519/18 TB v Bevándorlási és Menekültügyi Hivatal (Family reunification – sister of a refugee)
Reference for a preliminary ruling — Immigration policy — Right to family reunification — Directive 2003/86/EC — Article 10(2) — Optional provision — Prerequisites for exercising the right to family reunification — Member of a refugee’s family not referred to in Article 4 — Concept of a ‘dependant’
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
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Opinion of Advocate General Pitruzzella delivered on 5 September 2019
ECLI:EU:C:2019:681 |
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Judgment of the Court (Fifth Chamber) of 12 December 2019
ECLI:EU:C:2019:1070 |
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Case C-143/19 P Der Grüne Punkt v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Articles 15 and 66 — Genuine use of an EU collective trade mark — Mark concerning a system of collection and recovery of packaging waste — Affixing to the packaging of goods for which the mark is registered
Language of the case: German
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Judgment of the Court (Fifth Chamber) of 12 December 2019
ECLI:EU:C:2019:1076 |
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Joined Cases C-566/19 PPU and C-626/19 PPU JR and YC (Public Prosecutors’ Offices, Lyons and Tours)
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 6(1) — Definition of ‘issuing judicial authority’ — Criteria — European arrest warrant issued by the public prosecutor’s office of a Member State for the purpose of criminal proceedings
Requests for a preliminary ruling from the Cour d'appel (Luxembourg) and Rechtbank Amsterdam
Languages of the case: French and Dutch
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 26 November 2019
ECLI:EU:C:2019:1012 |
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Judgment of the Court (First Chamber) of 12 December 2019
ECLI:EU:C:2019:1077 |
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Case C-625/19 PPU XD (Swedish Public Prosecutor's Office)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 6(1) – Concept of ‘issuing judicial authority’ – Criteria – European arrest warrant issued by the public prosecutor’s office of a Member State for the purposes of criminal proceedings
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 26 November 2019
ECLI:EU:C:2019:1013 |
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Judgment of the Court (First Chamber) of 12 December 2019
ECLI:EU:C:2019:1078 |
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Case C-627/19 PPU ZB (Public Prosecutor, Brussels)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 6(1) – Definition of ‘issuing judicial authority’ – Criteria – European arrest warrant issued by the public prosecutor’s office of a Member State for the purposes of executing a sentence
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 26 November 2019
ECLI:EU:C:2019:1014 |
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Judgment of the Court (First Chamber) of 12 December 2019
ECLI:EU:C:2019:1079 |
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Case C-465/19 B & L Elektrogeräte v GC
Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Article 2(8)(c) and (9) — Off-premises contract — Concept of ‘business premises’ — Contract entered into at a stand at a trade fair immediately after the consumer, who was in a common area of the fair, had been solicited by the trader
Request for a preliminary ruling from the Amtsgericht Straubing
Language of the case: German
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Order of the Court (Sixth Chamber) of 17 December 2019
ECLI:EU:C:2019:1091 |
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Case C-447/18 UB v Generálny riaditeľ Sociálnej poisťovne Bratislava
Reference for a preliminary ruling — Social security — Coordination of social security systems — Regulation (EC) No 883/2004 — Article 3 — Matters covered — Old-age benefit — Freedom of movement for workers within the European Union — Regulation (EU) No 492/2011 — Article 7 — Equal treatment of national workers and migrant workers — Social advantages — Legislation of a Member State restricting the grant of an ‘additional benefit for sportspersons who have represented the State’ to the citizens of that State
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
| Summary |
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Opinion of Advocate General Tanchev delivered on 11 July 2019
ECLI:EU:C:2019:610 |
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Judgment of the Court (Third Chamber) of 18 December 2019
ECLI:EU:C:2019:1098 |
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Case C-666/18 IT Development v Free Mobile
Reference for a preliminary ruling — Intellectual property — Enforcement of intellectual property rights — Directive 2004/48/EC — Legal protection of computer programs — Directive 2009/24/EC — Software licence agreement — Unauthorised modification of the source code of a computer program by a licensee in breach of the licence agreement — Action for infringement brought by the author of the program against the licensee — Nature of the applicable liability regime
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 12 September 2019
ECLI:EU:C:2019:729 |
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Judgment of the Court (Fifth Chamber) of 18 December 2019
ECLI:EU:C:2019:1099 |
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Case C-16/18 Dobersberger v Magistrat der Stadt Wien
Reference for a preliminary ruling — Articles 56 and 57 TFEU — Freedom to provide services — Directive 96/71/EC — Applicability — Article 1(3)(a) — Posting of workers in the framework of the provision of services — Provision of services on board international trains — National rules imposing administrative obligations in relation to the posting of workers
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 29 July 2019
ECLI:EU:C:2019:638 |
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Judgment of the Court (Grand Chamber) of 19 December 2019
ECLI:EU:C:2019:1110 |
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Case C-168/18 Pensions-Sicherungs-Verein v Bauer
Reference for a preliminary ruling — Social policy — Protection of employees in the event of the insolvency of their employer — Directive 2008/94/EC — Article 8 — Supplementary pension schemes — Protection of entitlement to old-age benefits — Minimum guaranteed level of protection — Former employer’s obligation to offset a reduction in an occupational old-age pension — External pension institution — Direct effect
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Opinion of Advocate General Hogan delivered on 8 May 2019
ECLI:EU:C:2019:392 |
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Judgment of the Court (Fifth Chamber) of 19 December 2019
ECLI:EU:C:2019:1128 |
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Case C-176/18 Club de Variedades Vegetales Protegidas v Martínez Sanchís
Reference for a preliminary ruling — Community plant variety rights — Regulation (EC) No 2100/94 — Article 13(2) and (3) — Effects of community plant variety rights — Cumulative protection scheme — Planting of variety constituents and harvesting the fruit — Distinction between acts effected in respect of variety constituents and those concerning harvested material — Concept of ‘unauthorised use of variety constituents’ — Article 95 — Provisional protection
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 18 September 2019
ECLI:EU:C:2019:758 |
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Judgment of the Court (Seventh Chamber) of 19 December 2019
ECLI:EU:C:2019:1131 |
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Case C-236/18 GRDF v Eni Gas & Power France and Others
Reference for a preliminary ruling — Common rules for the internal market in natural gas — Directive 2009/73/EC — Article 41(11) — Settlement of disputes concerning the obligations imposed on a system operator — Temporal effects of decisions of the dispute settlement authority — Legal certainty — Legitimate expectations
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Opinion of Advocate General Tanchev delivered on 22 May 2019
ECLI:EU:C:2019:441 |
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Judgment of the Court (Second Chamber) of 19 December 2019
ECLI:EU:C:2019:1120 |
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Case C-263/18 Nederlands Uitgeversverbond and Groep Algemene Uitgevers v Tom Kabinet Internet and Others
Reference for a preliminary ruling — Harmonisation of certain aspects of copyright and related rights in the information society — Directive 2001/29/EC — Article 3(1) — Right of communication to the public — Making available — Article 4 — Distribution right — Exhaustion — Electronic books (e‑books) — Virtual market for ‘second-hand’ e‑books
Request for a preliminary ruling from the Rechtbank Den Haag
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 10 September 2019
ECLI:EU:C:2019:697 |
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Judgment of the Court (Grand Chamber) of 19 December 2019
ECLI:EU:C:2019:1111 |
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Joined Cases C-355/18, C-356/18 and C-479/18 Rust-Hackner and Others v Nürnberger Versicherung Aktiengesellschaft Österreich and Others
References for a preliminary ruling — Freedom to provide services — Direct life assurance — Directives 90/619/EEC, 92/96/EEC, 2002/83/EC and 2009/138/EC — Right of cancellation — Incorrect information concerning the detailed rules for exercising the right of cancellation — Formal requirements for the declaration of cancellation — Effects on the obligations of the assurance undertaking — Time limit — Lapse of the right of cancellation — Possibility to cancel a contract after it has been terminated — Repayment of the surrender value of the contract — Reimbursement of premiums paid — Right to remuneration interest — Limitation
Requests for a preliminary ruling from the Landesgericht Salzburg and Bezirksgericht für Handelssachen Wien
Language of the case: German
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Opinion of Advocate General Kokott delivered on 11 July 2019
ECLI:EU:C:2019:594 |
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Judgment of the Court (Third Chamber) of 19 December 2019
ECLI:EU:C:2019:1123 |
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Case C-360/18 Cargill Deutschland v Hauptzollamt Krefeld
Reference for a preliminary ruling — Regulation (EU) No 1360/2013 — Agriculture — Common organisation of the markets — Sugar sector — Production levy — Effectiveness — Right to reimbursement of sums unduly paid — Applicability of national rules on limitation periods — Principle of effectiveness
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
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Opinion of Advocate General Sharpston delivered on 29 July 2019
ECLI:EU:C:2019:648 |
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Judgment of the Court (Third Chamber) of 19 December 2019
ECLI:EU:C:2019:1124 |
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Case C-385/18 Arriva Italia and Others v Ministero delle Infrastrutture e dei Trasporti
Reference for a preliminary ruling — State aid — Notion — Public railway undertaking in difficulties — Aid measures — Allocation of financial aid — Aim — Continued operation of the public railway undertaking — Allocation to and shareholding in the capital of that public undertaking — Transfer to the capital of another public undertaking — Private investor test — Prior notification obligation for new aid
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Opinion of Advocate General Tanchev delivered on 29 July 2019
ECLI:EU:C:2019:647 |
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Judgment of the Court (Second Chamber) of 19 December 2019
ECLI:EU:C:2019:1121 |
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Case C-386/18 Coöperatieve Producentenorganisatie en Beheersgroep Texel v Minister van Landbouw, Natuur en Voedselkwaliteit
Reference for a preliminary ruling — Common fisheries policy — Regulations (EU) Nos 1303/2013, 1379/2013 and 508/2014 — Fishery and aquaculture producer organisations — Production and marketing plans — Financial support for the preparation and implementation of those plans — Conditions of eligibility of costs — Discretion of the Member States — No possibility under national law to apply for financial support
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
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Opinion of Advocate General Bobek delivered on 26 June 2019
ECLI:EU:C:2019:540 |
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Judgment of the Court (Second Chamber) of 19 December 2019
ECLI:EU:C:2019:1122 |
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Case C-389/18 Brussels Securities v Belgian State
Reference for a preliminary ruling — Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States — Directive 90/435/EEC — Prevention of double taxation — First indent of Article 4(1) — Prohibition on taxing profits received — Inclusion of the dividend distributed by the subsidiary in the parent company’s tax base — Deduction of the dividend distributed from the parent company’s tax base and the indefinite carrying forward of the surplus to the following tax years — The order in which tax deductions on profits are to be applied — Loss of a tax advantage
Request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles
Language of the case: French
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Opinion of Advocate General Saugmandsgaard Øe delivered on 5 September 2019
ECLI:EU:C:2019:680 |
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Judgment of the Court (Seventh Chamber) of 19 December 2019
ECLI:EU:C:2019:1132 |
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Case C-390/18 Criminal proceedings against X
Reference for a preliminary ruling — Directive 2000/31/EC — Information society services — Directive 2006/123/EC — Services — Connection of hosts, whether businesses or individuals, with accommodation to rent with persons seeking that type of accommodation — Qualification — National legislation imposing certain restrictions on the exercise of the profession of real estate agent — Directive 2000/31/EC — Article 3(4)(b), second indent — Obligation to give notification of measures restricting the freedom to provide information society services — Failure to give notification — Enforceability — Criminal proceedings with an ancillary civil action
Request for a preliminary ruling from the Juge d'instruction du tribunal de grande instance de Paris
Language of the case: French
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Opinion of Advocate General Szpunar delivered on 30 April 2019
ECLI:EU:C:2019:336 |
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Judgment of the Court (Grand Chamber) of 19 December 2019
ECLI:EU:C:2019:1112 |
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Case C-418/18 P Puppinck and Others v Commission
Appeal — Institutional law — Citizens’ initiative ‘One of us’ — Communication from the European Commission setting out its conclusions and the reasons for not taking the action requested in the citizens’ initiative
Language of the case: English
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Opinion of Advocate General Bobek delivered on 29 July 2019
ECLI:EU:C:2019:640 |
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Judgment of the Court (Grand Chamber) of 19 December 2019
ECLI:EU:C:2019:1113 |
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Case C-442/18 P ECB v Espírito Santo Financial (Portugal)
Appeal — Refusal to grant access to decisions of the Governing Council of the European Central Bank (ECB) — Protocol on the Statute of the European System of Central Banks and of the ECB — Article 10.4 — Confidentiality of the proceedings of meetings — Outcome of deliberations — Possibility of disclosure — Decision 2004/258/EC — Access to ECB documents — Article 4(1)(a) — Confidentiality of proceedings — Undermining of the protection of the public interest
Language of the case: English
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Opinion of Advocate General Pikamäe delivered on 2 October 2019
ECLI:EU:C:2019:811 |
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Judgment of the Court (First Chamber) of 19 December 2019
ECLI:EU:C:2019:1117 |
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Joined Cases C-453/18 and C-494/18 Bondora v V.C. and XY
Reference for a preliminary ruling — Judicial cooperation in civil matters — European order for payment procedure — Regulation (EC) No 1896/2006 — Provision of additional documents to support the claim — Unfair terms in consumer contracts — Directive 93/13/EEC — Review by the court seised in the context of an application for a European payment order
Requests for a preliminary ruling from the Juzgado de Primera Instancia Vigo and Juzgado de Primera Instancia de Barcelona
Language of the case: Spanish
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Opinion of Advocate General Sharpston delivered on 31 October 2019
ECLI:EU:C:2019:921 |
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Judgment of the Court (First Chamber) of 19 December 2019
ECLI:EU:C:2019:1118 |
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Case C-460/18 P HK v Commission
Appeal — Civil service — Staff Regulations of Officials of the European Union — Article 1d — First paragraph of Article 17 of Annex VIII — Pension for the surviving spouse — Conditions for granting — Concept of ‘surviving spouse’ of a Union official — Marriage and non-marital partnership — Cohabitation — Principle of non-discrimination — Comparable situation — None — Condition of duration of marriage — Combating fraud — Justification
Language of the case: French
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Opinion of Advocate General Pikamäe delivered on 29 July 2019
ECLI:EU:C:2019:646 |
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Judgment of the Court (First Chamber) of 19 December 2019
ECLI:EU:C:2019:1119 |
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Case C-465/18 AV and BU v Comune di Bernareggio
Reference for a preliminary ruling — Freedom of establishment — Sale of a pharmacy under a tendering procedure — National legislation — Right of pre-emption granted to employees of the pharmacy being sold
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Opinion of Advocate General Hogan delivered on 2 October 2019
ECLI:EU:C:2019:812 |
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Judgment of the Court (Fourth Chamber) of 19 December 2019
ECLI:EU:C:2019:1125 |
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Joined Cases C-477/18 and C-478/18 Exportslachterij J. Gosschalk and Others v Minister van Landbouw, Natuur en Voedselkwaliteit
References for a preliminary ruling — Regulation (EC) No 882/2004 — Article 27(1) and (4) — Points 1 and 2 of Annex VI — Official controls on feed and food — Financing — Fees payable in relation to official controls — Calculation — Concept of ‘staff involved in the official controls’ — Inclusion of administrative and support staff — Possibility of charging for quarter-hour periods requested by the slaughterhouse for the purposes of official controls but not worked — Conditions
Requests for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
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Opinion of Advocate General Pikamäe delivered on 18 September 2019
ECLI:EU:C:2019:759 |
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Judgment of the Court (Fourth Chamber) of 19 December 2019
ECLI:EU:C:2019:1126 |
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Case C-523/18 Engie Cartagena v Ministerio para la Transición Ecológica
Reference for a preliminary ruling — Internal market in electricity — Common rules — Directive 2003/54/EC — Article 3(2) — Directive 2009/72/EC — Article 3(2) — Public service obligations — Meaning — National rules — Financing of energy efficiency plans — Designation of electricity generating undertakings — Mandatory contribution
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
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Opinion of Advocate General Hogan delivered on 19 September 2019
ECLI:EU:C:2019:769 |
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Judgment of the Court (Fifth Chamber) of 19 December 2019
ECLI:EU:C:2019:1129 |
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Case C-532/18 GN v ZU
Reference for a preliminary ruling — Air transport — Montreal Convention — Article 17(1) — Air carrier liability in the event of accidents — Concept of ‘accident’ — Aircraft in flight — Spillage of a cup of coffee placed on the tray table of a seat — Bodily injuries caused to the passenger
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Opinion of Advocate General Saugmandsgaard Øe delivered on 26 September 2019
ECLI:EU:C:2019:788 |
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Judgment of the Court (Fourth Chamber) of 19 December 2019
ECLI:EU:C:2019:1127 |
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Case C-592/18 Darie v Staatssecretaris van Infrastructuur en Milieu
Reference for a preliminary ruling — Regulation (EU) No 528/2012 — Article 3(1)(a) and (c) — Concept of ‘biocidal product’ — Concept of ‘active substance’ — Bacterial product containing the bacterial species Bacillus ferment — Mode of action other than mere physical or mechanical action — Indirect action — Period within which effect takes place
Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven
Language of the case: Dutch
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Opinion of Advocate General Kokott delivered on 17 October 2019
ECLI:EU:C:2019:880 |
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Judgment of the Court (Ninth Chamber) of 19 December 2019
ECLI:EU:C:2019:1140 |
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Case C-677/18 Amoena v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Headings 6212 and 9021 — Mastectomy bras — Implementing Regulation (EU) 2017/1167 — Validity — Notion of ‘accessories’ — Sincere cooperation
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
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Rectification order of 12 July 2021
ECLI:EU:C:2021:587 |
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Judgment of the Court (Tenth Chamber) of 19 December 2019
ECLI:EU:C:2019:1142 |
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Case C-707/18 Amărăşti Land Investment v Direcţia Generală Regională a Finanţelor Publice Timişoara and Administraţia Judeţeană a Finanţelor Publice Timiş
Reference for a preliminary ruling — Taxation — Common system of value added tax — Directive 2006/112/EC — Taxable transactions — Deduction of input tax — Purchase of immovable property not registered in the national land register — First-registration costs incurred by the purchaser — Recourse to specialist third companies — Participation in a supply of services or investment expenditure carried out for the purposes of an undertaking
Request for a preliminary ruling from the Tribunalul Timiş
Language of the case: Romanian
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Judgment of the Court (Eighth Chamber) of 19 December 2019
ECLI:EU:C:2019:1136 |
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Case C-715/18 Segler-Vereinigung Cuxhaven v Finanzamt Cuxhaven
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 98 — Option for the Member States to apply a reduced rate of VAT to certain supplies of goods and services — Point 12 of Annex III — Reduced rate of VAT applicable to the letting of places on camping or caravan sites — Question of whether that reduced rate is applicable to the letting of boat moorings in a marina — Comparison with the letting of premises and sites for the parking of vehicles — Equal treatment — Principle of fiscal neutrality
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 19 December 2019
ECLI:EU:C:2019:1138 |
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Case C-752/18 Deutsche Umwelthilfe v Freistaat Bayern
Reference for a preliminary ruling — Environment — Article 6, the first paragraph of Article 47 and Article 52(1) of the Charter of Fundamental Rights of the European Union — Directive 2008/50/EC — Atmospheric pollution — Ambient air quality — Air quality plan — Limit values for nitrogen dioxide — Obligation to adopt appropriate measures to ensure that any exceedance period is very short — Obligation on the national courts to take any necessary measure — Refusal of a regional government to comply with an injunction — Coercive detention contemplated in respect of senior political representatives or senior officials of the region concerned — Effective judicial protection — Right to liberty of the person — Legal basis — Proportionality
Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
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Opinion of Advocate General Saugmandsgaard Øe delivered on 14 November 2019
ECLI:EU:C:2019:972 |
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Judgment of the Court (Grand Chamber) of 19 December 2019
ECLI:EU:C:2019:1114 |
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Case C-290/19 RN v Home Credit Slovakia
Reference for a preliminary ruling — Consumer protection — Directive 2008/48/EC — Consumer credit agreements — Article 10(2) — Information to be included in credit agreements — Annual percentage rate of charge — Lack of indication of the exact percentage of that rate of charge — Rate of charge expressed as a range between 21.5% and 22.4%
Request for a preliminary ruling from the Krajský súd v Trnave
Language of the case: Slovak
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Judgment of the Court (Sixth Chamber) of 19 December 2019
ECLI:EU:C:2019:1130 |
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Case C-502/19 Criminal proceedings against Junqueras Vies
Reference for a preliminary ruling — Expedited procedure — Institutional law — Citizen of the European Union elected to the European Parliament while being held in provisional detention in the context of criminal proceedings — Article 14 TEU — Concept of ‘Member of the European Parliament’ — Article 343 TFEU — Immunities necessary for the performance of the tasks of the European Union — Protocol (No 7) on the privileges and immunities of the European Union — Article 9 — Immunities enjoyed by Members of the European Parliament — Immunity as regards travel — Immunities as regards sessions — Personal, temporal and material scope of the various immunities — Waiver of immunity by the European Parliament — Request to waive immunity from a national court — Act concerning the election of Members of the European Parliament by direct universal suffrage — Article 5 — Term of office — Article 8 — Electoral procedure — Article 12 — Verification of the credentials of Members of the European Parliament following the official declaration of the election results — Charter of Fundamental Rights of the European Union — Article 39(2) — Election of Members of the European Parliament by direct universal suffrage in a free and secret ballot — Right to stand as a candidate at elections
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Opinion of Advocate General Szpunar delivered on 12 November 2019
ECLI:EU:C:2019:958 |
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Judgment of the Court (Grand Chamber) of 19 December 2019
ECLI:EU:C:2019:1115 |
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Information (on unpublished decisions)
Case C-183/19 P Fruits de Ponent v Commission
Appeal — Common Agricultural Policy (CAP) — Regulation (EU) No 1308/2013 — Markets for soft fruits — Disruption during the 2014 season — Temporary exceptional support measures for producers — Action to establish non-contractual liability
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Order of the Court (Sixth Chamber) of 3 December 2019 ECLI:EU:C:2019:1039 |
Case C-270/19 P WB v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Actions for failure to act — Effects of the mechanism established by Decision 2006/928/EC on the appellant’s life — Alleged failure by the European Commission to define its position on a complaint — Appeal manifestly unfounded
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Order of the Court (Seventh Chamber) of 3 December 2019 ECLI:EU:C:2019:1038 |
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Case C-271/19 P WB v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for annulment — Effects of the mechanism laid down by Decision 2006/928/EC on the applicant’s life — Appeal manifestly unfounded
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Order of the Court (Seventh Chamber) of 3 December 2019 ECLI:EU:C:2019:1037 |
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Case C-603/16 P-DEP PT Wilmar Bioenergi Indonesia and PT Wilmar Nabati Indonesia v Council
Taxation of costs
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Order of the Court (Tenth Chamber) of 4 December 2019 ECLI:EU:C:2019:1040 |
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Case C-117/18 P PGNiG Supply & Trading v Commission
Appeal — Internal market in natural gas — Directive 2009/73/EC — Article 32 — Third-party access — Article 41(6), (8) and (10) — Rules on tariffs — Article 36 — Application for an exemption — Rules governing the operation of the OPAL pipeline — National regulatory authority — Exemption decision — Request for modification — European Commission Decision — Action for annulment — Fourth paragraph of Article 263 TFEU — Admissibility — Decision of no direct concern to the appellant
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Judgment of the Court (Fifth Chamber) of 4 December 2019 ECLI:EU:C:2019:1042 |
Case C-181/18 P Poland v Commission
Appeal — Article 181 of the Rules of Procedure of the Court — Action for annulment — Fourth paragraph of Article 263 TFEU Article 263 — Admissibility — Decision which is of neither direct nor individual concern to the appellant — Regulatory act — Absence — Article 130 of the Rules of Procedure of the General Court — Assessment of the pleas on the substance — Article 47 of the Charter of Fundamental Rights of the European Union — Right to effective judicial protection and to a fair trial — Principle of audi alteram partem — Appeal manifestly inadmissible
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Order of the Court (Fifth Chamber) of 4 December 2019 ECLI:EU:C:2019:1041 |
Case C-342/18 P Polskie Górnictwo Naftowe i Gazownictwo v Commission
Appeal — Internal market in natural gas — Directive 2009/73/EC — Article 32 — Third-party access — Article 41(6), (8) and (10) — Rules on tariffs — Article 36 — Application for an exemption — Rules governing the operation of the OPAL pipeline — National regulatory authority — Exemption decision — Request for modification — European Commission Decision — Action for annulment — Fourth paragraph of Article 263 TFEU — Admissibility — Decision of no direct concern to the appellant
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Judgment of the Court (Fifth Chamber) of 4 December 2019 ECLI:EU:C:2019:1043 |
Case C-413/18 P H v Council
Appeal — Common Foreign and Security Policy (CFSP) — Composition of the Chamber of the General Court of the European Union — Regularity — Decision 2009/906/CFSP — European Union Police Mission in Bosnia and Herzegovina (EUPM) — National staff member on secondment — Redeployment to a regional office of that mission — Powers of the Head of Mission — Misuse of powers — Claim for damages — Principle of audi alteram partem
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Judgment of the Court (Fifth Chamber) of 4 December 2019 ECLI:EU:C:2019:1044 |
Case C-664/19 P Agencja Wydawnicza Technopol v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request not raising an issue that is significant with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may succeed) of 5 December 2019 ECLI:EU:C:2019:1048 |
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Case C-431/18 Bueno Ruiz and Zurich Insurance v Conte Sánchez
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Insurance against civil liability in respect of the use of motor vehicles — Directive 2009/103/EC — First paragraph of Article 3 — Concept of ‘use of vehicles’ — Leaks of oil and other liquids from a motor vehicle — Damages
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Order of the Court (Seventh Chamber) of 11 December 2019 ECLI:EU:C:2019:1082 |
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Case C-483/19 Ville de Verviers v J
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Social policy — Directive 1999/70/EC — Framework Agreement, concluded by ETUC, UNICE and CEEP regarding fixed-term work — Clause 2 — Scope of the Framework Agreement — Possibility for Member States to exclude initial vocational training relationships and apprenticeship schemes and employment contracts and relationships which have been concluded within the framework of a specific public or publicly supported training, integration and vocational retraining programme — Consequences)
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Order of the Court (Eighth Chamber) of 11 December 2019 ECLI:EU:C:2019:1081 |
Case C-783/18 P EUIPO v Wajos
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 7(1)(b) — Absolute ground for refusal — Marks devoid of distinctive character — Three-dimensional marks consisting of the shape of the product — Criteria for the assessment of distinctive character — Obligation to state reasons — Form of a container — Amphora
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Judgment of the Court (Tenth Chamber) of 12 December 2019 ECLI:EU:C:2019:1073 |
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Joined Cases C-123/19 P and C-125/19 P Vans v EUIPO
Appeal — EU trade mark — Opposition proceedings — Withdrawal of the opposition — Appeals which have become devoid of purpose — No need to adjudicate — Costs
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Order of the Court (Sixth Chamber) of 12 December 2019 ECLI:EU:C:2019:1088 |
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Case C-713/19 P Guiral Broto v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request for the appeal to be allowed to proceed not demonstrating that the issue is significant — Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 12 December 2019 ECLI:EU:C:2019:1080 |
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Case C-714/19 P Guiral Broto v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request for the appeal to be allowed to proceed not demonstrating that the issue is significant with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may succeed) of 12 December 2019 ECLI:EU:C:2019:1085 |
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Case C-715/19 P Guiral Broto v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request for the appeal to be allowed to proceed not demonstrating that the issue is significant with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 12 December 2019 ECLI:EU:C:2019:1086 |
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Case C-727/19 P Steifer v EESC
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Civil service — Official — Pensions — Pension rights acquired before entering the service of the European Union — Transfer to the EU scheme — Additional years of pensionable service — Reimbursement of the amount of pension rights not taken into account in the scheme for calculating years of European Union pensionable service — Material new facts
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Order of the Court (Eighth Chamber) of 12 December 2019 ECLI:EU:C:2019:1087 |
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Case C-568/18 P Rogesa v Commission
Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Article 4(2), first indent — Exceptions to the right of access — Protection of commercial interests of a natural or legal person — Regulation (EC) No 1367/2006 — Article 6(1) — Application of the exceptions concerning requests for access to environmental information — Documents drawn up by the European Commission under the scheme for greenhouse gas emission allowance trading — Refusal of access — Subsequent transmission of the documents requested — Article 149 of the Rules of Procedure of the Court of Justice — No further interest in bringing proceedings — No need to adjudicate
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Order of the Court (Tenth Chamber) of 17 December 2019 ECLI:EU:C:2019:1092 |
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Case C-618/18 Di Girolamo v Ministero della Giustizia
Request for a preliminary ruling — Social policy — Fixed-term employment — ETUC-UNICE-CEEP — Definition of a ‘fixed-term worker’ — Magistrates Court — Article 53(2) of the Rules of Procedure of the Court of Justice — Manifest inadmissibility
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Order of the Court (Seventh Chamber) of 17 December 2019 ECLI:EU:C:2019:1090 |
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Case C-362/18 Hochtief v Fővárosi Törvényszék
Reference for a preliminary ruling — Public procurement — Review procedures — Directive 89/665/EEC — Directive 92/13/EEC — Right to effective judicial protection — Principles of effectiveness and equivalence — Action for review of judicial decisions in breach of EU law — Liability of the Member States in the event of infringement of EU law by national courts or tribunals — Assessment of damage eligible for compensation
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Order of the Court (Ninth Chamber) of 18 December 2019 ECLI:EU:C:2019:1100 |
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Case C-602/16 P-DEP Unitec Bio and Others v Council
Taxation of costs
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Order of the Court (Tenth Chamber) of 19 December 2019 ECLI:EU:C:2019:1148 |
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Case C-582/18 P Viscas v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — 2006 Guidelines on the method of setting fines — Determining the relative weight of the European and non-European members in the cartel — Participation of European undertakings in the cartel at several levels — Principle of equal treatment
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Judgment of the Court (Seventh Chamber) of 19 December 2019 ECLI:EU:C:2019:1133 |
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Case C-589/18 P Furukawa Electric v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — 2006 Guidelines on the method of setting fines — Determination of the value of sales — Principle of equal treatment
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Judgment of the Court (Seventh Chamber) of 19 December 2019 ECLI:EU:C:2019:1134 |
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Case C-590/18 P Fujikura v Commission
Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — 2006 Guidelines on the method of setting fines — Determining the relative weight of the European and non-European members in the cartel — Participation of European undertakings in the cartel at several levels — Principle of equal treatment)
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Judgment of the Court (Seventh Chamber) of 19 December 2019 ECLI:EU:C:2019:1135 |
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Case C-645/18 NE v Bezirkshauptmannschaft Hartberg-Fürstenfeld and Finanzpolizei
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Freedom to provide services — Posting of workers — Article 56 TFEU — Directive 2014/67/EU — Articles 9 and 20 — Reporting of workers — Retention of records of wages — Penalties — Proportionality — Fines of a predefined minimum amount — Cumulative — No upper limit — Court fees
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Order of the Court (Sixth Chamber) of 19 December 2019 ECLI:EU:C:2019:1108 |
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Case C-741/18 P OPS Újpest v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State Aid — Aid implemented by Hungary in favour of undertakings employing disabled workers — Action for annulment — Alleged decisions not to raise objections — Deadline for lodging an appeal — Starting point — Awareness of the existence of the contested measure — Request for translation of the contested measure — Reasonable time — Out of time — Inadmissibility of the action at first instance — Assessment of the facts — Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded)
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Order of the Court (Seventh Chamber) of 19 December 2019 ECLI:EU:C:2019:1104 |
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Case C-747/18 P Lux-Rehab Non-Profit v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Aid implemented by Hungary in favour of companies employing disabled workers — Action for annulment — Alleged decisions not to raise objections — Lack of locus standi — Person not individually concerned — Action not brought in order to safeguard procedural rights — Inadmissibility of the action at first instance — Appeal manifestly unfounded
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Order of the Court (Seventh Chamber) of 19 December 2019 ECLI:EU:C:2019:1105 |
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Case C-748/18 P Motex v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Aid implemented by Hungary in favour of companies employing disabled workers — Action for annulment — Alleged decisions not to raise objections — Lack of standing — Person not individually concerned — Action not brought in order to safeguard procedural rights — Inadmissibility of the action at first instance — Appeal manifestly unfounded
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Order of the Court (Seventh Chamber) of 19 December 2019 ECLI:EU:C:2019:1106 |
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Case C-757/18 P M-Sansz v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — State aid — Aid implemented by Hungary in favour of companies employing disabled workers — Action for annulment — Alleged decisions not to raise objections — Lack of locus standi — Person not individually concerned — Action not brought in order to safeguard procedural rights — Inadmissibility of the action at first instance — Appeal manifestly unfounded
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Order of the Court (Seventh Chamber) of 19 December 2019 ECLI:EU:C:2019:1107 |
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Joined Cases C-140/19, C-141/19 and C-492/19 to C-494/19 EX and Others v Bezirkshauptmannschaft Hartberg-Fürstenfeld
Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice — Freedom to provide services — Posting of workers — Article 56 TFEU — Directive 2014/67/EU — Articles 9 and 20 — Reporting of workers — Retention of records of wages — Penalties — Proportionality — Fines of a predefined minimum amount — Cumulative — No upper limit — Court fees — Manifest inadmissibility
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Order of the Court (Sixth Chamber) of 19 December 2019 ECLI:EU:C:2019:1103 |
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Case C-679/19 NL v Direcţia Generală Regională a Finanţelor Publice Bucureşti
Request for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Controls of cash entering or leaving the European Union –Regulation (EC) No 1889/2005 — Scope — Articles 63 and 65 TFEU — Free movement of capital — Transport of large amounts of cash entering or leaving the territory of a Member State — Obligation to declare — Sanctions — Fine and confiscation for the benefit of the State of an undeclared sum in excess of 10 000 euros — Proportionality
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Order of the Court (Ninth Chamber) of 19 December 2019 ECLI:EU:C:2019:1109 |
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Case C-696/19 P Hauzenberger v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 19 December 2019 ECLI:EU:C:2019:1116 |
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Case C-646/19 P(R) Puigdemont i Casamajó and Comín i Oliveres v Parliament
Appeal — Application for interim measures — Institutional law — Members of the European Parliament — Act concerning the election of the representatives of the European Parliament by direct universal suffrage — Article 12 — Verification of credentials — Decision of the Parliament to take note of the list of elected candidates notified by the national authorities and exclude the appellants owing to their lack of compliance with a formality imposed by national law — Action for annulment — Prima facie case
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Order of the Vice-President of the Court of 20 December 2019 ECLI:EU:C:2019:1149 |
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January 2020
Case C-274/14 Proceedings brought by Banco de Santander
Reference for a preliminary ruling — Article 267 TFEU — Definition of ‘court or tribunal of a Member State’ — Criteria — Independence of the national body concerned — Irremovability of the members — Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Tribunal Económico Administrativo Central
Language of the case: Spanish
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Opinion of Advocate General Hogan delivered on 1 October 2019
ECLI:EU:C:2019:802 |
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Judgment of the Court (Grand Chamber) of 21 January 2020
ECLI:EU:C:2020:17 |
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Case C-175/18 P PTC Therapeutics International v EMA
Appeal — Access to documents of EU institutions, bodies, offices or agencies — Regulation (EC) No 1049/2001 — First indent of Article 4(2) — Exception relating to the protection of commercial interests — Article 4(3) — Protection of the decision-making process — Documents submitted to the European Medicines Agency in the context of a marketing authorisation application for a medicinal product for human use — Decision to grant a third party access to the documents — General presumption of confidentiality — No obligation for an EU institution, body, office or agency to apply a general presumption of confidentiality
Language of the case: English
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Opinion of Advocate General Hogan delivered on 11 September 2019
ECLI:EU:C:2019:709 |
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Judgment of the Court (Fourth Chamber) of 22 January 2020
ECLI:EU:C:2020:23 |
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Case C-177/18 Baldonedo Martín v Ayuntamiento de Madrid
Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Clause 5 — Measures to prevent abuse arising from the use of successive fixed-term employment contracts or relationships — Compensation if the employment relationship is terminated — Articles 151 and 153 TFEU — Articles 20 and 21 of the Charter of Fundamental Rights of the European Union — Applicability — Difference of treatment based on whether a public or private regime, within the meaning of national law, governs the employment relationship
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo de Madrid
Language of the case: Spanish
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Opinion of Advocate General Szpunar delivered on 17 October 2019
ECLI:EU:C:2019:877 |
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Judgment of the Court (Second Chamber) of 22 January 2020
ECLI:EU:C:2020:26 |
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Case C-178/18 P MSD Animal Health Innovation and Intervet International v EMA
Appeal — Access to documents of EU institutions, bodies, offices or agencies — Regulation (EC) No 1049/2001 — First indent of Article 4(2) — Exception relating to the protection of commercial interests — Article 4(3) — Protection of the decision-making process — Documents submitted to the European Medicines Agency in the context of a marketing authorisation application for a veterinary medicinal product — Decision to grant a third party access to the documents — General presumption of confidentiality — No obligation for an EU institution, body, office or agency to apply a general presumption of confidentiality
Language of the case: English
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Opinion of Advocate General Hogan delivered on 11 September 2019
ECLI:EU:C:2019:710 |
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Judgment of the Court (Fourth Chamber) of 22 January 2020
ECLI:EU:C:2020:24 |
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Case C-814/18 Ursa Major Services v Minister van Landbouw, Natuur en Voedselkwaliteit
Reference for a preliminary ruling — Common fisheries policy — Regulation (EC) No 1198/2006 — Article 55(1) — Financial contribution by the European Fisheries Fund (EFF) — Eligibility of expenditure — Condition — Expenditure actually paid by the beneficiaries — Meaning
Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
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Judgment of the Court (Seventh Chamber) of 22 January 2020
ECLI:EU:C:2020:27 |
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Case C-32/19 AT v Pensionsversicherungsanstalt (Cessation of activity after reaching retirement age)
Reference for a preliminary ruling — Freedom of movement for persons — Citizenship of the Union — Right to move and reside freely in the territory of the Member States — Directive 2004/38/EC — Article 17(1)(a) — Right of permanent residence — Acquisition before completion of a continuous period of five years of residence — Workers who, at the time they stop working, have reached the age for entitlement to an old age pension
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Judgment of the Court (Tenth Chamber) of 22 January 2020
ECLI:EU:C:2020:25 |
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Case C-578/18 Proceedings brought by Energiavirasto
Reference for a preliminary ruling — Internal market in electricity — Directive 2009/72/EC — Article 3 — Consumer protection — Article 37 — Tasks and powers of the regulatory authority — Out-of-court dispute settlement — Concept of ‘party’ — Right to appeal against a decision of the regulatory authority — Complaint made by a household customer against an electricity distribution system operator
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
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Opinion of Advocate General Tanchev delivered on 24 October 2019
ECLI:EU:C:2019:899 |
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Judgment of the Court (Fifth Chamber) of 23 January 2020
ECLI:EU:C:2020:35 |
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Case C-29/19 ZP v Bundesagentur für Arbeit
Reference for a preliminary ruling — Social security — Migrant workers — Regulation (EC) No 883/2004 — Unemployment benefits — Calculation — Failure to take account of the final salary received in the Member State of residence — Reference period not of sufficient duration — Salary received following the employment relationship coming to an end — Person having previously been active as an employed person in Switzerland
Request for a preliminary ruling from the Bundessozialgericht
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 23 January 2020
ECLI:EU:C:2020:36 |
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Case C-122/18 Commission v Italy (Directive combating late payment)
Failure of a Member State to fulfil obligations — Directive 2011/7/EU — Combating late payment in commercial transactions — Commercial transactions where the debtor is a public authority — Obligation of Member States to ensure that the period for payment imposed on public authorities does not exceed 30 or 60 days — Obligation to achieve a specified result
Language of the case: Italian
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Judgment of the Court (Grand Chamber) of 28 January 2020
ECLI:EU:C:2020:41 |
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Case C-371/18 Sky and Others v Skykick UK and Skykick
Reference for a preliminary ruling — Approximation of laws — Community trade mark — Regulation (EC) No 40/94 — Articles 7 and 51 — First Directive 89/104/EEC — Articles 3 and 13 — Identification of the goods or services covered by the registration — Failure to comply with the requirements of clarity and precision — Bad faith of the applicant — No intention to use the trade mark for the goods or services covered by the registration — Total or partial invalidity of the trade mark — National legislation requiring the applicant to state that he or she intends to use the trade mark applied for
Request for a preliminary ruling from the High Court of Justice (Chancery Division)
Language of the case: English
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Opinion of Advocate General Tanchev delivered on 16 October 2019
ECLI:EU:C:2019:864 |
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Judgment of the Court (Fourth Chamber) of 29 January 2020
ECLI:EU:C:2020:45 |
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Case C-522/18 DŚ v Zakład Ubezpieczeń Społecznych
Reference for a preliminary ruling — No need to adjudicate
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
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Order of the Court (Third Chamber) of 29 January 2020
ECLI:EU:C:2020:42 |
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Case C-785/18 GAEC Jeanningros v INAO and Others
Reference for a preliminary ruling — Agriculture — Protection of geographical indications and designations of origin for agricultural products and foodstuffs — Protected designation of origin ‘Comté’ — Minor amendment to a product specification — Action before national courts contesting an application for an amendment — Case-law of the national courts according to which the action becomes devoid of purpose when the European Commission has approved the amendment — Effective judicial protection — Obligation to rule on the action
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 26 September 2019
ECLI:EU:C:2019:789 |
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Judgment of the Court (Fourth Chamber) of 29 January 2020
ECLI:EU:C:2020:46 |
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Case C-156/17 Köln-Aktienfonds Deka v Staatssecretaris van Financiën
Reference for a preliminary ruling — Free movement of capital and liberalisation of payments — Restrictions — Taxation of dividends received by undertakings for collective investment in transferable securities (UCITS) — Refund of tax withheld on dividends — Conditions — Objective differentiation criteria — Criteria which are by nature or in fact favourable to resident taxpayers
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Opinion of Advocate General Pitruzzella delivered on 5 September 2019
ECLI:EU:C:2019:677 |
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Judgment of the Court (Seventh Chamber) of 30 January 2020
ECLI:EU:C:2020:51 |
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Case C-307/18 Generics (UK) and Others v CMA
Reference for a preliminary ruling — Competition — Pharmaceutical products — Barriers to the entry on the market of generic medicines arising from settlement agreements (relating to disputes concerning process patents) concluded by a manufacturer of originator medicines who is the holder of those patents and manufacturers of generic products – Article 101 TFEU — Potential competition — Restriction by object — Characterisation — Restriction by effect — Assessment of effects — Article 102 TFEU — Relevant market – Inclusion of generic medicines in the relevant market — Abuse of dominant position — Characterisation — Justifications
Request for a preliminary ruling from the Competition Appeal Tribunal
Language of the case: English
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Opinion of Advocate General Kokott delivered on 22 January 2020
ECLI:EU:C:2020:28 |
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Judgment of the Court (Fourth Chamber) of 30 January 2020
ECLI:EU:C:2020:52 |
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Case C-394/18 I.G.I. v Cicenia and Others
Reference for a preliminary ruling — Directive 82/891/EEC — Articles 12 and 19 — Division of limited liability companies — Protection of the interests of the creditors of the company being divided — Nullity of the division — Actio pauliana
Request for a preliminary ruling from the Corte di appello di Napoli
Language of the case: Italian
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Opinion of Advocate General Szpunar delivered on 26 September 2019
ECLI:EU:C:2019:790 |
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Judgment of the Court (Second Chamber) of 30 January 2020
ECLI:EU:C:2020:56 |
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Case C-395/18 Tim v Consip and Ministero dell'Economia e delle Finanze
Reference for a preliminary ruling — Public procurement of supplies, works or services — Directive 2014/24/EU — Article 18(2) — Article 57(4) — Optional grounds for exclusion — Ground for exclusion of a subcontractor mentioned in the economic operator’s tender — Subcontractor’s failure to comply with environmental, social and labour law obligations — National legislation providing for automatic exclusion of the economic operator for such a failure
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 11 July 2019
ECLI:EU:C:2019:595 |
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Judgment of the Court (Second Chamber) of 30 January 2020
ECLI:EU:C:2020:58 |
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Case C-513/18 Autoservizi Giordano v Agenzia delle Dogane e dei Monopoli
Reference for a preliminary ruling — Taxation of energy products and electricity — Directive 2003/96/EC — Article 7(2) and (3) — Concept of ‘commercial gas oil used as propellant’ — National legislation levying a duty on commercial gas oil used as propellant for the regular carriage of passengers but not for the occasional carriage of passengers — Principle of equal treatment
Request for a preliminary ruling from the Commissione Tributaria Provinciale di Palermo
Language of the case: Italian
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Opinion of Advocate General Szpunar delivered on 12 September 2019
ECLI:EU:C:2019:726 |
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Judgment of the Court (Second Chamber) of 30 January 2020
ECLI:EU:C:2020:59 |
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Case C-524/18 Dr. Willmar Schwabe v Queisser Pharma
Reference for a preliminary ruling — Public health — Information and consumer protection — Regulation (EC) No 1924/2006 — Implementing Decision 2013/63/EU — Nutritional and health claims made on foods — Article 10(3) — Reference to general, non-specific benefits — Concept of ‘accompanying’ a specific health claim — Obligation to produce scientific evidence — Scope
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Hogan delivered on 12 September 2019
ECLI:EU:C:2019:727 |
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Judgment of the Court (Second Chamber) of 30 January 2020
ECLI:EU:C:2020:60 |
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Case C-725/18 Anton van Zantbeek v Ministerraad
Reference for a preliminary ruling — Article 56 TFEU — Article 36 of the Agreement on the European Economic Area — Freedom to provide services — Tax on stock exchange transactions concluded or executed in a Member State — Difference in treatment to the detriment of recipients of services using non-resident professional intermediaries — Restriction — Justification
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
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Judgment of the Court (Seventh Chamber) of 30 January 2020
ECLI:EU:C:2020:54 |
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Case C-457/18 Slovenia v Croatia
Failure of a Member State to fulfil obligations — Article 259 TFEU — Jurisdiction of the Court — Determination of the common border between two Member States — Border dispute between the Republic of Croatia and the Republic of Slovenia — Arbitration agreement — Arbitration proceedings — Notification by the Republic of Croatia of its decision to terminate the agreement because of an irregularity alleged by it to have been committed by a member of the arbitral tribunal — Arbitration award made by the arbitral tribunal — Alleged failure by the Republic of Croatia to observe the arbitration agreement and the border established by the arbitration award — Principle of sincere cooperation — Request that a document be removed from the case file — Protection of legal advice
Language of the case: Croatian
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Opinion of Advocate General Pikamäe delivered on 11 December 2019
ECLI:EU:C:2019:1067 |
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Judgment of the Court (Grand Chamber) of 31 January 2020
ECLI:EU:C:2020:65 |
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Information (on unpublished decisions)
Case C-647/18 Corporate Commercial Bank v Elit Petrol
Reference for a preliminary ruling — Article 53(2) of Rules of Procedure of the Court of Justice — Judicial cooperation in civil matters — Insolvency proceedings — Retroactive amendment to te implementation conditions for recriprocal compensation made with a bankrupt credit institution — Rule of law — Principle of legal certainty — Right to an effective remedy
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Order of the Court (Sixth Chamber) of 15 January 2020 ECLI:EU:C:2020:13 |
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Case C-381/19 SC Banca E v G.D.
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Consumer protection — Directive 93/13/EC — Introduction of a new legal procedure during the proceedings — Principles of legal certainty and effectiveness
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Order of the Court (Ninth Chamber) of 15 January 2020 ECLI:EU:C:2020:67 |
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Case C-642/19 P BS v Parliament
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Civil service — Officials — Avis de modification des droits à pension — Dependent child allowance — Education allowance — Child suffering from an infirmity preventing her from earning a livelihood — Actual maintenance of the child — Annexe VII of the Staff Regulations of Officials of the European Union — Article 2 — Recovery of undue payments — Manifest error of assessment — Right to sound administration — Action for annulment
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Order of the Court (Ninth Chamber) of 15 January 2020 ECLI:EU:C:2020:32 |
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Case C-439/13 P-DEP Eulex Kosovo v Elitaliana
Taxation of costs
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Order of the Court (Tenth Chamber) of 16 January 2020 ECLI:EU:C:2020:14 |
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Case C-118/18 P-REV II Hochmann Marketing v EUIPO
Application for revision — Article 159 of the Rules of Procedure of the Court of Justice — Request relating to an order made pursuant to Article 181 of the Rules of Procedure — Conditions — Appeal — Absence of previously unknown facts — Inadmissibility
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Order of the Court (Eighth Chamber) of 16 January 2020 ECLI:EU:C:2020:11 |
Case C-368/19 Telecom Italia and Others v Roma Capitale and Others
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Approximation of laws — Electronic communications networks and services — Restrictions on the installation of mobile phone base transceiver stations established by local authorities — Insufficient details concerning the reasons why an answer to the question referred is necessary for the outcome of the dispute in the main proceedings — Manifest inadmissibility
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Order of the Court (Eighth Chamber) of 16 January 2020 ECLI:EU:C:2020:21 |
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Cases C-605/19 P(R) and C-605/19 P(R)-R Highgate Capital Management v Commission
Appeal — Interlocutory order — State aid — Application for interim measures — Rejection — No need to adopt the interim measures sought — Lack of jurisdiction — Inadmissibility
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Order of the Vice-President of the Court of 16 January 2020 ECLI:EU:C:2020:12 |
Case C-506/18 P Parliament v Josefsson
Appeal — Civil service — Temporary staff — European Parliament — Termination of the contract — Agreement intended to resolve the dispute between the parties — Appeal which has become devoid of purpose — No need to adjudicate
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Order of the Court (Eighth Chamber) of 21 January 2020 ECLI:EU:C:2020:39 |
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Case C-613/18 Estado do Canadá v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Restrictions on the free movement of capital to or from a third country — Direct taxation — Tax on the revenue of legal persons — Profits distributed by companies resident in the territory of Portugal — Reduction in the tax base
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Order of the Court (Sixth Chamber) of 21 January 2020 ECLI:EU:C:2020:19 |
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Case C-813/19 PPU MN
Reference for a preliminary ruling — Urgent preliminary ruling procedure — Article 99 of the Rules of Procedure of the Court — Judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 6(1) — Concept of ‘issuing judicial authority’ — Effective judicial protection
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Order of the Court (Third Chamber) of 21 January 2020 ECLI:EU:C:2020:31 |
Case C-418/19 P Silgan Closures and Silgan Holdings v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Competition — Article 101 TFEU — Agreements between undertakings — Market in metal packaging — Regulation (EC) No 773/2004 — Article 2(1) –Decision to initiate a proceeding — Action for annulment — Inadmissibility — Act not open to challenge — Effective judicial protection — Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded
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Order of the Court (Tenth Chamber) of 29 January 2020 ECLI:EU:C:2020:43 |
Joined Cases C-538/18 P and C-539/18 P České dráhy v Commission
Appeal — Competition — Regulation (EC) No 1/2003 — Article 20(4) — Inspection decisions — Duty to state reasons — Reasonable grounds for finding an infringement of competition rules — Evidence lawfully gathered — Inspection ordered on the basis of evidence obtained from a previous inspection
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Judgment of the Court (Eighth Chamber) of 30 January 2020 ECLI:EU:C:2020:53 |
Case C-172/19 P Euracoal v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Environment — Directive 2010/75/EU — Best available techniques (BAT) conclusions — Implementing Decision (EU) 2017/1442 –Large combustion plants — Action for annulment — Inadmissibility — Lack of individual concern — Participation in the process leading to the adoption of the act — Procedural guarantees at the time of the adoption of the act — Substitution of grounds — No grounds alleging infringement of the appellant’s procedural rights — Act not of individual concern — Appeal manifestly unfounded
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Order of the Court (Seventh Chamber) of 31 January 2020 ECLI:EU:C:2020:66 |
February 2020
Joined Cases C-515/17 P and C-561/17 P Uniwersytet Wrocławski and Poland v REA
Appeal — Action for annulment — Article 19 of the Statute of the Court of Justice of the European Union — Representation of parties in direct actions before the Courts of the European Union — Lawyer representing the applicant as a third party — Article 47 of the Charter of Fundamental Rights of the European Union
Language of the case: Polish
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Opinion of Advocate General Bobek delivered on 24 September 2019
ECLI:EU:C:2019:774 |
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Judgment of the Court (Grand Chamber) of 4 February 2020
ECLI:EU:C:2020:73 |
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Case C-341/18 Staatssecretaris van Justitie en Veiligheid v J. and Others (Signing-on of seamen in the port of Rotterdam)
Reference for a preliminary ruling — Regulation (EU) 2016/399 — Schengen Borders Code — Control at the external borders — Third-country nationals — Article 11(1) — Affixing of stamps on travel documents — Exit stamp — Determination of the time of exit from the Schengen area — Signing-on of seamen with ships that are in long-term mooring in a sea port
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Opinion of Advocate General Sharpston delivered on 17 October 2019
ECLI:EU:C:2019:882 |
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Judgment of the Court (Fifth Chamber) of 5 February 2020
ECLI:EU:C:2020:76 |
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Case C-11/19 Azienda ULSS n. 6 Euganea v Pia Opera Croce Verde Padova
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Public procurement – Directive 2014/24/EU – Article 10(h) – Article 12(4) – Specific exclusions for service contracts – Civil defence, civil protection, and danger prevention services – Non-profit organisations or associations – Ordinary and emergency medical transport services – Regional legislation requiring priority to be given to recourse to a partnership between contracting authorities – Freedom of the Member States to choose how services are provided – Limits – Obligation to state reasons
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Order of the Court (Ninth Chamber) of 6 February 2020
ECLI:EU:C:2020:88 |
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Joined Cases C-89/19 to C-91/19 Rieco v Comune di Lanciano and Others
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Public procurement – Directive 2014/24/EU – Article 12(3) – National legislation favouring public procurement procedures to the detriment of in-house contracts – Freedom of the Member States as to the choice of how services are to be provided – Limits – National legislation excluding the possibility for a contracting authority to acquire, in a body owned by contracting authorities, a shareholding which cannot guarantee control of that body or a power of veto
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Order of the Court (Ninth Chamber) of 6 February 2020
ECLI:EU:C:2020:87 |
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Case C-704/18 Criminal proceedings against Kolev and Others
Reference for a preliminary ruling — Article 267 TFEU — Implementation of a preliminary ruling of the Court — Power of a higher court to impose an injunction relating to the detailed rules for implementation — Procedural autonomy of the Member States — Principle of effectiveness — Observance of the rights of the defence
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
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Judgment of the Court (Fifth Chamber) of 12 February 2020
ECLI:EU:C:2020:92 |
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Case C-252/18 P Greece v Commission (Permanent pasture)
Appeal – Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), European Agricultural Guarantee Fund (EAGF) and European Agricultural Fund for Rural Development (EAFRD) – Expenditure excluded from EU financing – Expenditure incurred by the Hellenic Republic – Regulation (EC) No 1782/2003 – Regulation (EC) No 796/2004 – Area-related aid scheme – Concept of ‘permanent pasture’ – Flat-rate financial corrections
Language of the case: Greek
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Judgment of the Court (Ninth Chamber) of 13 February 2020
ECLI:EU:C:2020:95 |
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Case C-688/18 Criminal proceedings against TX and UW (Hearing in the absence of the accused person)
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive (EU) 2016/343 — Presumption of innocence and right to be present at the trial in criminal proceedings — Article 8(1) and (2) — Conditions laid down by national law in order to hold a trial in absentia — Non-appearance of accused persons at certain hearings for reasons either within or beyond their control — Right to fair legal process
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
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Judgment of the Court (Sixth Chamber) of 13 February 2020
ECLI:EU:C:2020:94 |
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Case C-606/19 flightright v IBERIA LAE
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Area of freedom, security and justice — Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters — Regulation (EU) No 1215/2012 — Second indent of Article 7(1)(b) — Special jurisdiction in matters relating to a contract — Concept of ‘place of performance’ — Contract for the provision of services — Air transport — Regulation (EC) No 261/2004 — Right to compensation for flight passengers in the event of cancellation or long delay of flights — Flight under a confirmed single booking with several connecting flights operated by two separate air carriers — Cancellation of the final leg of the journey — Claim for compensation brought against the air carrier in charge of the final leg of the journey before the court or tribunal which has territorial jurisdiction over the place of departure of the first leg of the journey
Request for a preliminary ruling from the Amtsgericht Hamburg
Language of the case: German
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Order of the Court (Sixth Chamber) of 13 February 2020
ECLI:EU:C:2020:101 |
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Case C-427/18 P EEAS v Alba Aguilera and Others
Appeal — Civil service — Officials and members of staff — European External Action Service (EEAS) — Remuneration — Staff Regulations — Article 110 — EU staff posted to a third country — Annex X — Third subparagraph of Article 1 and Article 10 — Allowance for living conditions — Annual revision and adjustment — Reduction for staff posted to Ethiopia — Requirement to adopt general implementing provisions beforehand — Scope
Language of the case: French
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Opinion of Advocate General Szpunar delivered on 16 October 2019
ECLI:EU:C:2019:866 |
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Judgment of the Court (Tenth Chamber) of 26 February 2020
ECLI:EU:C:2020:109 |
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Case C-788/18 Stanleyparma and Stanleybet Malta v Agenzia delle Dogane e dei Monopoli UM Emilia Romagna
Reference for a preliminary ruling — Freedom to provide services — Article 56 TFEU — Games of chance — Taxation — Principle of non-discrimination — Single tax on betting
Request for a preliminary ruling from the Commissione tributaria provinciale di Parma
Language of the case: Italian
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Judgment of the Court (First Chamber) of 26 February 2020
ECLI:EU:C:2020:110 |
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Case C-240/18 P Constantin Film Produktion v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 7(1)(f) — Absolute ground for refusal — Mark contrary to accepted principles of morality — Word sign ‘Fack Ju Göhte’ — Rejection of the application for registration
Language of the case: German
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Opinion of Advocate General Bobek delivered on 2 July 2019
ECLI:EU:C:2019:553 |
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Judgment of the Court (Fifth Chamber) of 27 February 2020
ECLI:EU:C:2020:118 |
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Case C-298/18 Grafe and Pohle v Südbrandenburger Nahverkehrs and OSL Bus
Reference for a preliminary ruling — Directive 2001/23/EC — Article 1(1) — Transfer of an undertaking — Safeguarding of employees’ rights — Operation of bus routes — Re-employment of the staff — Operating resources not taken over — Grounds
Request for a preliminary ruling from the Arbeitsgericht Cottbus - Kammern Senftenberg
Language of the case: German
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Opinion of Advocate General Sharpston delivered on 11 July 2019
ECLI:EU:C:2019:593 |
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Judgment of the Court (Fourth Chamber) of 27 February 2020
ECLI:EU:C:2020:121 |
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Case C-384/18 Commission v Belgium (Accountants)
Failure of a Member State to fulfil obligations — Article 49 TFEU — Services in the internal market — Directive 2006/123/EC — Article 25(1) and (2) — Restrictions on multidisciplinary activities of accountants
Language of the case: French
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Opinion of Advocate General Szpunar delivered on 10 October 2019
ECLI:EU:C:2019:852 |
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Judgment of the Court (Fourth Chamber) of 27 February 2020
ECLI:EU:C:2020:124 |
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Case C-405/18 AURES Holdings v Odvolací finanční ředitelství
Reference for a preliminary ruling — Article 49 TFEU — Freedom of establishment — Tax legislation — Corporation tax — Transfer of a company’s place of effective management to a Member State other than its registered seat — Transfer of tax residency to that other Member State — National legislation not allowing a tax loss incurred in the Member State of incorporation before the transfer of its seat to be claimed
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
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Opinion of Advocate General Kokott delivered on 17 October 2019
ECLI:EU:C:2019:879 |
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Judgment of the Court (Fourth Chamber) of 27 February 2020
ECLI:EU:C:2020:127 |
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Joined Cases C-773/18 to C-775/18 TK and Others v Land Sachsen-Anhalt (Remuneration of officials and judges)
References for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Articles 2 and 6 – Prohibition of all discrimination on grounds of age – Remuneration of civil servants – Discriminatory system of remuneration – Retrospective payment calculated on the basis of a prior discriminatory classification – New form of discrimination – Article 9 – Compensation as a result of discriminatory legislation – Time limit for making an application for compensation – Principles of equivalence and effectiveness
Requests for a preliminary ruling from the Verwaltungsgericht Halle
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 27 February 2020
ECLI:EU:C:2020:125 |
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Case C-803/18 BALTA v GRIFS AG
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 15, point 5 and Article 16, point 5 — Insurance of ‘large risks’ — Jurisdiction clause agreed upon by the policyholder and the insurer — Whether that clause may be relied on against the insured person
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
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Judgment of the Court (Sixth Chamber) of 27 February 2020
ECLI:EU:C:2020:123 |
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Case C-836/18 Subdelegación del Gobierno en Ciudad Real v RH (Spouse of a Union citizen)
Reference for a preliminary ruling — Article 20 TFEU — European Union citizens — Union citizen who has never exercised the freedom of movement — Application for a temporary residence permit for the spouse, who is a third-country national — Rejection — Obligation to support the spouse — Union citizen having insufficient resources — Obligation of the spouses to live together — National legislation and practice — Effective enjoyment of the substance of the rights conferred on Union citizens — Deprived
Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Pikamäe delivered on 21 November 2019
ECLI:EU:C:2019:1004 |
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Judgment of the Court (Fifth Chamber) of 27 February 2020
ECLI:EU:C:2020:119 |
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Case C-25/19 Corporis v Gefion Insurance
Reference for a preliminary ruling — Directive 2009/138/EC — Representation of a non-life insurance undertaking — Representative permanently resident in national territory — Service of documents — Receipt of the document initiating proceedings — Regulation (EC) No 1393/2007 — Non-applicability
Request for a preliminary ruling from the Sąd Okręgowy w Poznaniu
Language of the case: Polish
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Judgment of the Court (Eighth Chamber) of 27 February 2020
ECLI:EU:C:2020:126 |
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Case C-79/19 P Lithuania v Commission
Appeal — EAGGF, EAGF and EAFRD — Expenditure excluded from EU financing — Expenditure incurred by the Republic of Lithuania — Aid for early retirement — Regulation (EC) No 1257/1999 — Article 33m(1) — Distortion of the evidence
Language of the case: Lithuanian
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Judgment of the Court (Ninth Chamber) of 27 February 2020
ECLI:EU:C:2020:129 |
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Case C-670/19 Gardinia Home Decor v Hauptzollamt Ulm
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Regulation (EEC) no 2658/87 — Customs Union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Subheading 8302 41 90 — Metal curtain rods
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
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Order of the Court (Sixth Chamber) of 27 February 2020
ECLI:EU:C:2020:117 |
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Information (on unpublished decisions)
Case C-631/19 P Dickmanns v EUIPO
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Civil service — Members of the temporary staff — Fixed-term contract — Clause terminating the contract in the event that the name of the agent is not included on the reserve list of the next general competition — Exercise of the termination clause — Action for annulment and for damages
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Order of the Court (Sixth Chamber) of 5 February 2020 ECLI:EU:C:2020:75 |
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Case C-137/18 hapeg dresden v Bayrische Straße 6-8
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Freedom to provide services — Directive 2006/123/EC — Legislation of a Member State providing for a minimum tariff for engineer and architect fees
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Order of the Court (Ninth Chamber) of 6 February 2020 ECLI:EU:C:2020:84 |
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Case C-858/19 P NHS v EUIPO
Appeal — EU trade mark –– Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
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Order of the Court of 6 February 2020 ECLI:EU:C:2020:83 |
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Case C-789/19 P(R) Walker and Others v Parliament and Council
Appeal — Order for interim relief — Area of freedom, security and justice — Regulation (EU) 2018/1806 — Loss of EU citizenship — Action for annulment — Application for interim measures — Manifest inadmissibility of the action for annulment
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Order of the Vice-President of the Court of 7 February 2020 ECLI:EU:C:2020:85 |
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Case C-887/19 P Rutzinger-Kurpas v EUIPO
Appeal — EU trade mark — Whether appeals may be allowed to proceed — Article 170b of the Court’s Rules of Procedure — Request failing to demonstrate a significant issue of law with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 11 February 2020 ECLI:EU:C:2020:91 |
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Case C-258/18 Solak v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen
Request for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — EEC-Turkey Association Agreement — Article 59 of the Additional Protocol — Decision No 3/80 — Social security for Turkish migrant workers — Waiver of residence clauses — Article 6 — Supplementary benefits — Suspension — Renunciation of the nationality of the host Member State — Regulation (EC) No 883/2004 — Special non-contributory cash benefits — Residence requirement
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Order of the Court (Sixth Chamber) of 13 February 2020 ECLI:EU:C:2020:98 |
Case C-376/19 МАК ТURS v Direktor na Direktsia „Inspektsia po truda“
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — National legislation providing for the imposition of a financial penalty of a predetermined minimum amount, not subject to judicial review — Lack of connection to EU law — Clear lack of jurisdiction of the Court
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Order of the Court (Sixth Chamber) of 13 February 2020 ECLI:EU:C:2020:99 |
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Case C-468/19 Regione Veneto v HD
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Historical vehicles – Non-uniform tax treatment within a Member State – Purely internal situation – Manifest inadmissibility
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Order of the Court (Sixth Chamber) of 13 February 2020 ECLI:EU:C:2020:97 |
Case C-823/19 P ruwido austria v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170 of the Rules of Procedure of the Court of Justice — Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 13 February 2020 ECLI:EU:C:2020:100 |
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Case C-867/19 P Conféderation nationale du Crédit Mutuel v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170 of the Rules of Procedure of the Court of Justice — Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 13 February 2020 ECLI:EU:C:2020:103 |
Case C-630/19 PAGE International v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Deduction of input tax — Directive 2006/112/EC — Articles 168 and 176 — Exclusion from the right to deduct — Acquisition of food services — Standstill clause — Accession to the European Union
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Order of the Court (Eighth Chamber) of 26 February 2020 ECLI:EU:C:2020:111 |
Case C-773/19 P(R) BASF v Commission
Appeal — Order for interim relief — Directive 2001/83/EC — Medicinal products for human use — Variation of a marketing authorisation for medicinal products for human use containing Omega-3 acid ethyl esters — Urgency — Serious and irreparable harm to the health of third parties — Damage to reputation
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Order of the Vice-President of the Court of 26 February 2020 ECLI:EU:C:2020:113 |
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Case C-832/19 P(R) Medac Gesellschaft für klinische Spezialpräparate v Commission
Appeal — Order for interim measures — Medicinal products for human use — Application for marketing authorisation for an orphan medicinal product — Commission decision to remove a medicinal product from the Register of Orphan Medicinal Products — Urgency — Serious and irreparable damage — None
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Order of the Vice-President of the Court of 26 February 2020 ECLI:EU:C:2020:112 |
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Case C-298/19 Commission v Greece (Pollution caused by nitrates)
Failure of a Member State to fulfil obligations — Directive 91/676/EEC — Protection of waters against pollution caused by nitrates from agricultural sources — Judgment of the Court establishing a failure to fulfil obligations — Non-implementation — Article 260(2) TFEU — Pecuniary penalties — Lump sum
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Judgment of the Court (Ninth Chamber) of 27 February 2020 ECLI:EU:C:2020:133 |
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March 2020
Case C-75/18 Vodafone Magyarország v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling — Freedom of establishment — Tax on the turnover of telecommunications operators — Progressive tax having a greater impact on undertakings owned by natural or legal persons of other Member States than on national undertakings — Progressive tax bands applicable to all taxable persons — Neutrality of the amount of turnover as a criterion of differentiation — Ability to pay of taxable persons — State aid — Common system of value added tax (VAT) — Turnover taxes — Meaning
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
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Opinion of Advocate General Kokott delivered on 13 June 2019
ECLI:EU:C:2019:492 |
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Judgment of the Court (Grand Chamber) of 3 March 2020
ECLI:EU:C:2020:139 |
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Case C-125/18 Gómez del Moral Guasch v Bankia
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Mortgage loan agreement — Variable interest rate — Reference index based on mortgage loans granted by savings banks — Index arising from a regulatory or administrative provision — Unilateral introduction of the term by the seller or supplier — Review of the transparency requirement by the national court — Consequences of a finding that the term is unfair
Request for a preliminary ruling from the Juzgado de Primera Instancia °n 38 de Barcelona
Language of the case: Spanish
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Opinion of Advocate General Szpunar delivered on 10 September 2019
ECLI:EU:C:2019:695 |
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Judgment of the Court (Grand Chamber) of 3 March 2020
ECLI:EU:C:2020:138 |
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Case C-323/18 Tesco-Global Áruházak v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling — Freedom of establishment — Turnover tax in the store retail trade sector — Progressive tax having a greater impact on undertakings owned by natural or legal persons of other Member States than on national undertakings — Progressive tax bands applicable to all taxable persons — Neutrality of the amount of turnover as a criterion of differentiation — Ability to pay of taxable persons
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Kokott delivered on 4 July 2019
ECLI:EU:C:2019:567 |
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Judgment of the Court (Grand Chamber) of 3 March 2020
ECLI:EU:C:2020:140 |
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Case C-482/18 Google Ireland v Nemzeti Adó- és Vámhivatal Kiemelt Adó- és Vámigazgatósága
Reference for a preliminary ruling — Freedom to provide services — Article 56 TFEU — Restrictions — Tax provisions — Tax on advertising activities based on turnover — Obligations relating to registration with a tax authority — Principle of non-discrimination — Fines — Principle of proportionality
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
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Opinion of Advocate General Kokott delivered on 12 September 2019
ECLI:EU:C:2019:728 |
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Judgment of the Court (Grand Chamber) of 3 March 2020
ECLI:EU:C:2020:141 |
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Case C-717/18 Procureur-generaal v X (European arrest warrant - Double criminality)
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 2(2) — Execution of a European arrest warrant — Removal of verification of the double criminality of the act — Conditions — Offence punishable by the issuing Member State by a custodial sentence for a maximum period of at least three years — Amendment of the criminal legislation of the issuing Member State between the date of the acts and the date of issue of the European arrest warrant — Version of the law to be taken into account in verifying the maximum sentence threshold of at least three years
Request for a preliminary ruling from the Hof van Beroep te Gent
Language of the case: Dutch
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Opinion of Advocate General Bobek delivered on 26 November 2019
ECLI:EU:C:2019:1011 |
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Judgment of the Court (Grand Chamber) of 3 March 2020
ECLI:EU:C:2020:142 |
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Case C-10/18 P Mowi v Commission
Appeal — Competition — Control of concentrations between undertakings — Regulation (EC) No 139/2004 — Article 4(1) — Prior notification obligation for concentrations — Article 7(1) — Standstill obligation — Article 7(2) — Exemption — Concept of a ‘single concentration’ — Article 14(2) — Decision imposing fines for the implementation of a concentration before it has been notified and authorised — Principle ne bis in idem — Set‑off principle — Concurrent offences
Language of the case: English
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Opinion of Advocate General Tanchev delivered on 26 September 2019
ECLI:EU:C:2019:795 |
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Judgment of the Court (Fourth Chamber) of 4 March 2020
ECLI:EU:C:2020:149 |
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Joined Cases C-155/18 P to C-158/18 P Tulliallan Burlington v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Word and figurative marks ‘BURLINGTON’ — Opposition of the proprietor of the earlier word and figurative marks ‘BURLINGTON’ and ‘BURLINGTON ARCADE’ — Article 8(1)(b) — Likelihood of confusion — Nice Agreement — Class 35 — Concept of ‘retail services’ — Article 8(4) — Passing-off — Article 8(5) — Reputation — Criteria for assessment — Similarity between the goods and services — Opposition rejected
Language of the case: English
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Opinion of Advocate General Hogan delivered on 26 June 2019
ECLI:EU:C:2019:538 |
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Judgment of the Court (Fourth Chamber) of 4 March 2020
ECLI:EU:C:2020:151 |
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Case C-183/18 Centraal Justitieel Incassobureau v Bank BGŻ BNP Paribas
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Framework Decision 2005/214/JHA – Recognition and enforcement of financial penalties imposed on legal persons – Incomplete transposition of a framework decision – Obligation to interpret national law in accordance with EU law – Scope
Request for a preliminary ruling from the Sąd Rejonowy Gdańsk–Południe w Gdańsku
Language of the case: Polish
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Opinion of Advocate General Pikamäe delivered on 12 November 2019
ECLI:EU:C:2019:959 |
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Judgment of the Court (First Chamber) of 4 March 2020
ECLI:EU:C:2020:153 |
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Case C-328/18 P EUIPO v Equivalenza Manufactory
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Article 8(1)(b) — Likelihood of confusion — Assessment of the similarity of the signs at issue — Global assessment of the likelihood of confusion — Consideration of marketing circumstances — Counteraction of a phonetic similarity through visual and conceptual differences — Conditions for counteraction
Language of the case: Spanish
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Opinion of Advocate General Saugmandsgaard Øe delivered on 14 November 2019
ECLI:EU:C:2019:974 |
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Judgment of the Court (Fourth Chamber) of 4 March 2020
ECLI:EU:C:2020:156 |
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Case C-586/18 P Buonotourist v Commission
Appeal — Competition — State aid — Undertaking operating bus route networks in the Regione Campania (Campania Region, Italy) — Compensation for public service obligations paid by the Italian authorities following a judgment of the Consiglio di Stato (Council of State, Italy) — European Commission decision declaring the aid measure unlawful and incompatible with the internal market
Language of the case: Italian
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Judgment of the Court (Ninth Chamber) of 4 March 2020
ECLI:EU:C:2020:152 |
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Case C-587/18 P CSTP Azienda della Mobilità v Commission
Appeal — Competition — State aid — Undertaking operating bus route networks in the Regione Campania (Campania Region, Italy) — Compensation for public service obligations paid by the Italian authorities following a judgment of the Consiglio di Stato (Council of State, Italy) — European Commission decision declaring the aid measure unlawful and incompatible with the internal market
Language of the case: Italian
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Judgment of the Court (Ninth Chamber) of 4 March 2020
ECLI:EU:C:2020:150 |
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Case C-655/18 Teritorialna direktsia Severna morska v Schenker
Reference for a preliminary ruling — Customs union — Regulation (EU) No 952/2013 — Removal from customs supervision — Theft of goods placed under a customs warehousing procedure — Article 242 — Person responsible for the removal — Holder of the authorisation for customs warehousing — Penalty for failure to comply with the customs legislation — Article 42 — Obligation to pay a sum corresponding to the value of the missing goods — Combination with a pecuniary penalty — Proportionality
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
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Judgment of the Court (Eighth Chamber) of 4 March 2020
ECLI:EU:C:2020:157 |
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Case C-34/19 Telecom Italia v Ministero dello Sviluppo Economico and Ministero dell'Economia e delle Finanze
Reference for a preliminary ruling — Approximation of laws — Telecommunication services — Implementation of provision of an open telecommunications network — Directive 97/13/EC — Fees and charges for individual licences — Transitional arrangements establishing a charge beyond those authorised by Directive 97/13/EC — Force of res judicata attaching to a higher court judgment considered contrary to EU law
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
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Judgment of the Court (First Chamber) of 4 March 2020
ECLI:EU:C:2020:148 |
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Case C-211/18 Idealmed III v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 132(1)(b) — Exemptions — Hospital and medical care — Hospital establishments — Services provided under social conditions comparable to those applicable to bodies governed by public law — Articles 377 and 391 — Derogations — Right to opt for a taxation regime — Maintenance of the taxation — Variation in the conditions for the exercise of the activity
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
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Opinion of Advocate General Szpunar delivered on 10 October 2019
ECLI:EU:C:2019:853 |
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Judgment of the Court (Sixth Chamber) of 5 March 2020
ECLI:EU:C:2020:168 |
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Case C-679/18 OPR-Finance v GK
Reference for a preliminary ruling — Consumer protection — Directive 2008/48/EC — Credit agreements for consumers — Article 8 — Creditor’s obligation to assess the consumer’s creditworthiness — National rules — Whether limitation may be invoked against the objection of nullity of the agreement raised by the consumer — Article 23 — Penalties — Effective, proportionate and dissuasive nature — National court — Examination by the court of its own motion as to whether that obligation has been complied with
Request for a preliminary ruling from the Okresní soud v Ostravě
Language of the case: Czech
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Opinion of Advocate General Kokott delivered on 14 November 2019
ECLI:EU:C:2019:975 |
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Judgment of the Court (Second Chamber) of 5 March 2020
ECLI:EU:C:2020:167 |
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Case C-766/18 P Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Opposition — Article 8(1)(b) — Likelihood of confusion — Criteria for assessment — Applicability in the case of an earlier collective mark — Interdependence between the similarity of the trade marks at issue and that of the goods or services covered by those marks
Language of the case: English
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Opinion of Advocate General Kokott delivered on 17 October 2019
ECLI:EU:C:2019:881 |
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Judgment of the Court (Fifth Chamber) of 5 March 2020
ECLI:EU:C:2020:170 |
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Case C-48/19 X v Finanzamt Z (VAT exemption for telephone consultations)
Reference for a preliminary ruling – Taxation – Common system of value added tax – Directive 2006/112/EC – Article 132(1)(c) – Exemptions – Provision of medical care in the exercise of the medical and paramedical professions – Providing services by telephone – Services provided by nurses and medical assistants
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Judgment of the Court (Sixth Chamber) of 5 March 2020
ECLI:EU:C:2020:169 |
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Case C-69/19 P Credito Fondiario v SRB
Appeal — Economic and monetary union — Banking union — Recovery and resolution of credit institutions and investment firms — Single resolution mechanism for credit institutions and certain investment firms (SRM) — Single Resolution Board (SRB) — Single Resolution Fund (SRF) — Determination of the 2016 ex ante contribution — Action for annulment — Period within which proceedings must be commenced — Plea of illegality — Manifest inadmissibility
Language of the case: Italian
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Judgment of the Court (Eighth Chamber) of 5 March 2020
ECLI:EU:C:2020:178 |
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Case C-100/19 Viasat UK and Viasat v IBPT
Reference for a preliminary ruling — Approximation of laws — Telecommunications sector — Harmonised use of radio spectrum in the 2 GHz frequency bands for the implementation of systems providing mobile satellite services — Decision No 626/2008/EC — Article 4(1)(c), Article 7(1), and Article 8(1) — Complementary ground components — Authorisations issued by Member States — Requirement for operators to provide service coverage for a certain percentage of the population and the territory — Non-compliance — Effect
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
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Judgment of the Court (Second Chamber) of 5 March 2020
ECLI:EU:C:2020:174 |
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Case C-135/19 Pensionsversicherungsanstalt v CW (Rehabilitation benefit)
Reference for a preliminary ruling — Social security for migrant workers — Coordination of social security systems — Regulation (EC) No 883/2004 — Articles 3 and 11 — Matters covered — Benefits falling within the scope of the regulation — Classification — Sickness benefit — Invalidity benefit — Unemployment benefit — Person who has ceased to be insured under the social security system of a Member State after ceasing to be employed there and moving his or her place of residence to another Member State — Application for a rehabilitation allowance in the former Member State of residence and employment — Refusal — Determination of the legislation applicable
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 5 March 2020
ECLI:EU:C:2020:177 |
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Case C-511/17 Lintner v UniCredit Bank Hungary
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Foreign currency based loan contract – Article 4(1) – Consideration of all the other terms of the contract for the purpose of assessing the unfairness of the contested term – Article 6(1) – Examination by the national court of its own motion as to whether the clauses in the contract are unfair – Scope
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Opinion of Advocate General Tanchev delivered on 19 December 2019
ECLI:EU:C:2019:1141 |
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Judgment of the Court (Third Chamber) of 11 March 2020
ECLI:EU:C:2020:188 |
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Case C-56/18 P Commission v Gmina Miasto Gdynia and Port Lotniczy Gdynia Kosakowo
Appeal — State aid — Article 108(2) TFEU — Investment aid — Operating aid — Airport infrastructure — Public funding by the municipalities of Gdynia and Kosakowo for setting up the Gdynia-Kosakowo Airport — Decision of the European Commission — Aid incompatible with the internal market — Order for recovery of the aid — Annulment by the General Court of the European Union — Essential procedural requirement — Procedural rights of the interested parties
Language of the case: Polish
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Opinion of Advocate General Tanchev delivered on 4 July 2019
ECLI:EU:C:2019:569 |
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Judgment of the Court (Fifth Chamber) of 11 March 2020
ECLI:EU:C:2020:192 |
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Case C-160/18 X v Staatssecretaris van Financiën (Recovery of additional import duties)
Reference for a preliminary ruling — Customs Union and Common Customs Tariff — Regulation (EC) No 1234/2007 — Regulation (EC) No 1484/95 — Import of frozen poultrymeat originating in Brazil — Post-clearance recovery of additional import duties — Verification mechanism — Method for calculating additional duties
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 13 June 2019
ECLI:EU:C:2019:501 |
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Judgment of the Court (Fourth Chamber) of 11 March 2020
ECLI:EU:C:2020:190 |
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Case C-314/18 SF (European arrest warrant –Guarantee of return to the executing State)
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Article 5(3) — Surrender of the person concerned made subject to a guarantee that that person will be returned to the executing Member State in order to serve there a custodial sentence or a measure involving deprivation of liberty imposed on that person in the issuing Member State — Time of return — Framework Decision 2008/909/JHA — Article 3(3) — Scope — Article 8 — Adaptation of the sentence imposed in the issuing Member State — Article 25 — Enforcement of a sentence under Article 5(3) of Framework Decision 2002/584/JHA
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
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Opinion of Advocate General Pikamäe delivered on 16 May 2019
ECLI:EU:C:2019:427 |
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Judgment of the Court (Fourth Chamber) of 11 March 2020
ECLI:EU:C:2020:191 |
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Case C-454/18 Baltic Cable v Energimarknadsinspektionen
Reference for a preliminary ruling — Internal market for electricity — Directive 2009/72/EC — Transmission of electricity — Concept of ‘transmission system operator’ — Regulation (EC) No 714/2009 — Interconnector — Transmission line connecting the national transmission systems of the Member States — Article 16(6) — Scope — Use of revenues resulting from the allocation of interconnection capacity — Undertaking which merely operates a cross-border high-voltage power line connecting two national transmission networks
Request for a preliminary ruling from the Förvaltningsrätten i Linköping
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Tanchev delivered on 14 November 2019
ECLI:EU:C:2019:973 |
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Judgment of the Court (Third Chamber) of 11 March 2020
ECLI:EU:C:2020:189 |
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Case C-94/19 San Domenico Vetraria v Agenzia delle Entrate
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Sixth Council Directive 77/388/EEC — Articles 2 and 6 — Scope — Taxable transactions — Services supplied for consideration — Secondment of staff by a parent company to its subsidiary — Reimbursement by the subsidiary limited to the costs incurred
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Judgment of the Court (Seventh Chamber) of 11 March 2020
ECLI:EU:C:2020:193 |
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Case C-192/19 Rensen Shipbuilding
Reference for a preliminary ruling – Common Customs Tariff – Combined Nomenclature – Tariff classification – Heading 8901 – Ship hulls – Maritime navigation – Vessels, designed as seagoing – Meaning
Request for a preliminary ruling from the Gerechtshof te Amsterdam
Language of the case: Dutch
| Summary |
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Judgment of the Court (Seventh Chamber) of 11 March 2020
ECLI:EU:C:2020:194 |
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Case C-583/18 Verbraucherzentrale Berlin v DB Vertrieb
Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Scope — Service contract — Article 2(6) — Contract for passenger transport services — Article 3(3)(k) — Cards conferring entitlement to price reductions when passenger transport contracts are subsequently concluded — Online selling of such cards without informing the consumer about the right of withdrawal
Request for a preliminary ruling from the Oberlandesgericht Frankfurt am Main
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber) of 12 March 2020
ECLI:EU:C:2020:199 |
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Case C-659/18 Criminal proceedings against VW (Right of access to a lawyer in the event of non-appearance)
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2013/48/EU — Article 3(2) — Right of access to a lawyer — Circumstances in which the right of access to a lawyer must be guaranteed — Non-appearance — Derogations from the right of access to a lawyer — Article 47 of the Charter of Fundamental Rights of the European Union — Right to effective judicial protection
Request for a preliminary ruling from the Juzgado de Instrucción de Badalona
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Bobek delivered on 7 November 2019
ECLI:EU:C:2019:940 |
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Judgment of the Court (Second Chamber) of 12 March 2020
ECLI:EU:C:2020:201 |
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Case C-769/18 Caisse d’assurance retraite et de la santé au travail d’Alsace-Moselle v SJ and Ministre chargé de la Sécurité sociale
Reference for a preliminary ruling — Social security for migrant workers — Regulation (EC) No 883/2004 — Article 5(b) — Increase in the rate for old-age pensions — Taking into account of the allowance paid in respect of the raising of a disabled child in another Member State — Principle of equal treatment of facts
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Judgment of the Court (Eighth Chamber) of 12 March 2020
ECLI:EU:C:2020:203 |
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Case C-832/18 A and Others v Finnair
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Articles 5 and 7 — Right to compensation in the event of delay or cancellation of a flight — Entitlement to compensation more than once in the event of a delay or cancellation not only of the original reservation, but also of the subsequent reservation made in the context of a re-routing — Scope — Exemption from the obligation to pay compensation — Concept of ‘extraordinary circumstances’ — ‘On condition’ part — Technical shortcomings inherent in aircraft maintenance
Request for a preliminary ruling from the Helsingin hovioikeus
Language of the case: Finnish
| Summary |
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Judgment of the Court (Eighth Chamber) of 12 March 2020
ECLI:EU:C:2020:204 |
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Joined Cases C-103/18 and C-429/18 Sánchez Ruiz and Others v Comunidad de Madrid and Consejería de Sanidad de la Comunidad de Madrid
References for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework Agreement, concluded by ETUC, UNICE and CEEP regarding fixed-term work – Clause 5 – Concept of ‘successive fixed-term employment contracts or relationships’ – Failure by the employer to respect the relevant legal deadline for definitively filling posts temporarily occupied by fixed-term workers – Implicit extension of the employment relationship from year to year – Occupation by a fixed-term worker of the same post in the context of two consecutive appointments – Concept of ‘objective reasons’ justifying the renewal of successive fixed-term employment contracts or relationships – Respect for the reasons for recruitment provided for by the national legislation – Concrete examination finding that the successive renewal of fixed-term employment relationships seeks to cover the employer’s permanent and regular staffing needs – Measures seeking to prevent and, where appropriate, to punish abuses resulting from the use of successive fixed-term employment contracts or relationships – Selection procedures seeking to definitively fill posts occupied temporarily by fixed-term workers – Conversion of the situation of fixed-term workers into ‘non-permanent workers of indefinite duration’ – Grant to the worker of compensation equal to that paid in the event of unfair dismissal – Applicability of the Framework Agreement despite the fact that the worker consented to successive renewals of fixed-term contracts – Clause 5(1) – Absence of obligation for national courts to disapply inconsistent national legislation
Requests for a preliminary ruling from the Juzgado Contencioso-Administrativo de Madrid
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Kokott delivered on 17 October 2019
ECLI:EU:C:2019:874 |
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Judgment of the Court (Second Chamber) of 19 March 2020
ECLI:EU:C:2020:219 |
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Case C-234/18 Komisia za protivodeystvie na koruptsiyata i za otnemane na nezakonno pridobitoto imushtestvo v BP and Others
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Proceedings for the confiscation of illegally obtained assets in the absence of a criminal conviction – Directive 2014/42/EU – Scope – Framework Decision 2005/212/JHA
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Sharpston delivered on 31 October 2019
ECLI:EU:C:2019:920 |
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Judgment of the Court (Third Chamber) of 19 March 2020
ECLI:EU:C:2020:221 |
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Case C-406/18 PG v Bevándorlási és Menekültügyi Hivatal
Reference for a preliminary ruling — Common policy on asylum and subsidiary protection — Common procedures for granting international protection — Directive 2013/32/EU — Article 46(3) — Full and ex nunc examination — Article 47 of the Charter of Fundamental Rights of the European Union — Right to an effective remedy — Powers and obligations of the first-instance court or tribunal — No power to vary the decisions of the authorities competent in the area of international protection — National legislation providing for an obligation to adjudicate within a time limit of 60 days
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Bobek delivered on 5 December 2019
ECLI:EU:C:2019:1055 |
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Judgment of the Court (First Chamber) of 19 March 2020
ECLI:EU:C:2020:216 |
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Case C-564/18 LH v Bevándorlási és Menekültügyi Hivatal (Tompa)
Reference for a preliminary ruling – Asylum policy – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Application for international protection – Article 33(2) – Grounds of inadmissibility – National legislation under which an application is inadmissible if the applicant has arrived in the Member State concerned via a country in which he or she is not exposed to persecution or the risk of serious harm, or if that country provides sufficient protection – Article 46 – Right to an effective remedy – Judicial review of administrative decisions concerning the inadmissibility of applications for international protection – Time limit of eight days within which to give a decision – Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Bobek delivered on 5 December 2019
ECLI:EU:C:2019:1056 |
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Judgment of the Court (First Chamber) of 19 March 2020
ECLI:EU:C:2020:218 |
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Case C-45/19 Compañía de Tranvías de La Coruña v Ayuntamiento de A Coruña
Reference for a preliminary ruling — Regulation (EC) No 1370/2007 — Public passenger transport services by rail and by road — Article 8 — Transitional arrangements — Article 8(3) — Expiry of public service contracts — Calculation of the maximum contractual term set at 30 years — Determination of the date from which the maximum term of 30 years starts to run
Request for a preliminary ruling from the Juzgado Contencioso Administrativo A Coruña
Language of the case: Spanish
| Summary |
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Judgment of the Court (Tenth Chamber) of 19 March 2020
ECLI:EU:C:2020:224 |
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Case C-215/18 Králová v Primera Air Scandinavia
Reference for a preliminary ruling — Area of freedom, security and justice — Jurisdiction and the enforcement of judgments in civil and commercial matters — Regulation (EC) No 44/2001 — Article 5(1) — Jurisdiction in matters relating to a contract — Articles 15 to 17 — Jurisdiction over consumer contracts — Regulation (EC) No 261/2004 — Articles 6 and 7 — Right to compensation in the case where a flight is subject to a long delay — Contract for carriage combining travel and accommodation concluded between the passenger and a travel agency — Action for compensation brought against the air carrier which is not a party to that contract — Directive 90/314/EEC — Package travel
Request for a preliminary ruling from the Obvodní soud pro Prahu 8
Language of the case: Czech
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 7 November 2019
ECLI:EU:C:2019:931 |
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Judgment of the Court (First Chamber) of 26 March 2020
ECLI:EU:C:2020:235 |
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Case C-244/18 P Larko v Commission
Appeal — State aid — Capital injections and State guarantees — Concept of State aid — Concept of ‘advantage’ — Private operator principle — Private investor test — European Commission’s obligation to undertake a diligent and impartial examination — Judicial review — Burden of proof — Concept of ‘firm in difficulty’ — Guidelines on State aid for rescuing and restructuring — Guarantee Notice — 2011 temporary framework — Amount of aid to be recovered — Duty of the Commission and the General Court of the European Union to state reasons
Language of the case: Greek
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 24 October 2019
ECLI:EU:C:2019:896 |
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Judgment of the Court (Second Chamber) of 26 March 2020
ECLI:EU:C:2020:238 |
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Case C-344/18 ISS Facility Services v Govaerts and Atalian
Reference for a preliminary ruling — Directive 2001/23/EC — Article 3(1) — Transfers of undertakings — Safeguarding of employees’ rights — Public contract for cleaning services — Award of market lots to two new contractors — Re‑engagement of a worker assigned to all the market lots
Request for a preliminary ruling from the Arbeidshof te Gent
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 26 November 2019
ECLI:EU:C:2019:1009 |
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Judgment of the Court (Fourth Chamber) of 26 March 2020
ECLI:EU:C:2020:239 |
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Case C-496/18 HUNGEOD and Others v Közbeszerzési Hatóság Közbeszerzési Döntőbizottság
Reference for a preliminary ruling – Public procurement – Review procedures concerning the award of public supply and public works contracts – Directive 89/665/EEC – Procurement procedures of entities operating in the water, energy, transport and telecommunications sectors – Directive 92/13/EEC – Public procurement – Directives 2014/24/EU and 2014/25/EU – Review of the application of public procurement rules – National legislation which allows certain bodies to initiate a procedure of their own motion where there has been an unlawful amendment to a contract which is in the course of being performed – Time-barring of an authority’s right to initiate a procedure of its own motion – Principles of legal certainty and proportionality
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Bobek delivered on 21 November 2019
ECLI:EU:C:2019:1002 |
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Judgment of the Court (Fourth Chamber) of 26 March 2020
ECLI:EU:C:2020:240 |
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Joined Cases C-542/18 RX-II and C-543/18 RX-II Review Simpson v Council and HG v Commission
Review of the judgments of the General Court of the European Union in Simpson v Council (T‑646/16 P) and HG v Commission (T‑693/16 P) — Civil service — Composition of the panel of judges which delivered the judgments at first instance — Procedure for the appointment of a judge to the European Union Civil Service Tribunal — Article 47 of the Charter of Fundamental Rights of the European Union — Tribunal established by law — Incidental review of legality — Effect on the unity and consistency of EU law
Languages of the case: English and French
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Decision of the Court of Justice (Reviewing Chamber) of 17 September 2018
ECLI:EU:C:2018:763 |
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Judgment of the Court (Grand Chamber) of 26 March 2020
ECLI:EU:C:2020:232 |
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Joined Cases C-558/18 and C-563/18 Miasto Łowicz v Skarb Państwa – Wojewoda Łódzki and Prokurator Generalny v VX and Others (Disciplinary regime for judges)
References for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Rule of law — Effective judicial protection in the fields covered by Union law – Principle of judicial independence – Disciplinary regime applicable to national judges – Jurisdiction of the Court – Article 267 TFUE – Admissibility – Interpretation necessary for the referring court to be able to give judgment – Meaning
Requests for a preliminary ruling from the Sąd Okręgowy w Łodzi and the Sąd Okręgowy w Warszawie
Language of the case: Polish
| Summary |
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Opinion of Advocate General Tanchev delivered on 24 September 2019
ECLI:EU:C:2019:775 |
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Judgment of the Court (Grand Chamber) of 26 March 2020
ECLI:EU:C:2020:234 |
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Case C-622/18 AR v Cooper International Spirits and Others
Reference for a preliminary ruling — Approximation of the laws of the Member States relating to trade marks — Directive 2008/95/EC — Article 5(1)(b) — First subparagraph of Article 10(1) — Article 12(1) — Revocation of a trade mark for lack of genuine use — Right of the trade mark proprietor to plead infringement of his or her exclusive rights as a result of the use by a third party of an identical or similar sign during the period preceding the date on which the revocation took effect
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 18 September 2019
ECLI:EU:C:2019:755 |
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Judgment of the Court (Fifth Chamber) of 26 March 2020
ECLI:EU:C:2020:241 |
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Case C-779/18 Mikrokasa and Revenue Niestandaryzowany Sekurytyzacyjny Fundusz Inwestycyjny Zamknięty v XO
Reference for a preliminary ruling — Consumer protection — Credit agreements for consumers — Directive 2008/48/EC — Article 3(g), Article 10(2) and Article 22(1) — Level of harmonisation — Concept of ‘non-interest credit costs’ — Directive 93/13/EEC — Article 1(2) — Unfair terms in consumer contracts — Ceiling value for the total non-interest credit costs — Contractual terms reflecting mandatory statutory or regulatory provisions — Not included
Request for a preliminary ruling from the Sąd Rejonowy w Siemianowicach Śląskich
Language of the case: Polish
| Summary |
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Opinion of Advocate General Hogan delivered on 19 December 2019
ECLI:EU:C:2019:1146 |
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Judgment of the Court (First Chamber) of 26 March 2020
ECLI:EU:C:2020:236 |
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Case C-2/19 Criminal proceedings against A. P. (Probation measures)
Reference for a preliminary ruling — Framework Decision 2008/947/JHA — Mutual recognition of judgments and probation decisions — Scope — Judgment imposing a suspended custodial sentence — Probation measure — Obligation not to commit a new criminal offence — Obligation prescribed by law
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
| Summary |
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Opinion of Advocate General Bobek delivered on 6 February 2020
ECLI:EU:C:2020:80 |
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Judgment of the Court (First Chamber) of 26 March 2020
ECLI:EU:C:2020:237 |
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Case C-66/19 JC v Kreissparkasse Saarlouis
Reference for a preliminary ruling — Consumer protection — Directive 2008/48/EC — Credit agreements for consumers — Right of withdrawal — Time limit for the exercise of that right — Requirements concerning the information to be included in a credit agreement — Information notice merely referring to a series of national provisions
Request for a preliminary ruling from the Landgericht Saarbrücken
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 26 March 2020
ECLI:EU:C:2020:242 |
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Case C-113/19 Luxaviation v Ministre de l'Environnement
Reference for a preliminary ruling — Environment — Scheme for greenhouse gas emission allowance trading — Directive 2003/87/EC — Penalty for excess emissions — No exculpatory cause in the event of actual holding of non-surrendered allowances, unless force majeure — No possibility of varying the amount of the penalty — Proportionality — Articles 20, 41, 47 and Article 49(3) of the Charter of Fundamental Rights of the European Union — Principle of the protection of legitimate expectations
Request for a preliminary ruling from the Cour administrative
Language of the case: French
| Summary |
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Order of the Court (Sixth Chamber) of 26 March 2020
ECLI:EU:C:2020:228 |
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Case C-182/19 Pfizer Consumer Healthcare v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling — Common Customs Tariff — Combined Nomenclature — Tariff classification — Heading 3005 and heading 3824 — Self-heating patches and belts to relieve pain — Implementing Regulation (EU) 2016/1140 — Invalidity
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
| Summary |
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Judgment of the Court (Seventh Chamber) of 26 March 2020
ECLI:EU:C:2020:243 |
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Information (on unpublished decisions)
Case C-886/19 P Pink Lady America v CPVO
Appeal — Protection of plant varieties — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of Union law — Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 3 March 2020 ECLI:EU:C:2020:146 |
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Case C-902/19 P Esim Chemicals v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request not demonstrating the significance of an issue of law with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 3 March 2020 ECLI:EU:C:2020:145 |
Case C-248/19 Commission v Cyprus (Collection and treatment of urban waste water)
Failure of Member State to fulfil obligations – Article 258 TFEU – Directive 91/271/EEC – Treatment of urban waste water – Articles 3, 4, 10 and 15 – Annex I, points A, B and D – No collecting systems for urban waste water in certain agglomerations – No secondary or equivalent treatment of urban waste water – Construction and operation of treatment plants – Control of discharges from such plants
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Judgment of the Court (Sixth Chamber) of 5 March 2020 ECLI:EU:C:2020:171 |
Case C-766/19 QE and RD v SATA International
Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Manifest inadmissibility — Air transport — Regulation (EC) No 261/2004 — Article 5(3) — Compensation of passengers in the event of denied boarding and of cancellation or long delay of flights — Scope — Exemption from the obligation to pay compensation — Concept of ‘extraordinary circumstances’ — Generalised interruption of an airport’s refuelling system
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Order of the Court (Fourth Chamber) of 10 March 2020 ECLI:EU:C:2020:187 |
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Case C-338/19 Telecom Italia v Regione Sardegna
Reference for a preliminary ruling — Article 99 Rules of Procedure of the Court of Justice — State aid — Article 108 TFEU — Regulation (EC) No 659/1999 — Recovery of aid by the Member State of its own motion — Regulation (EC) No 794/2004 — Applicable interest rate
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Order of the Court (Seventh Chamber) of 11 March 2020 ECLI:EU:C:2020:197 |
Case C-576/18 Commission v Italy (Unlawful aid granted to the hotel sector in Sardinia)
Failure of a Member State to fulfil obligations – Judgment of the Court establishing a failure to fulfil obligations – Non-compliance – Recovery of unlawful aid granted to the hotel industry in Sardinia – Article 260(2) TFEU – Pecuniary penalties – Penalty payment and lump sum
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Judgment of the Court (Sixth Chamber) of 12 March 2020 ECLI:EU:C:2020:202 |
Case C-571/19 P EMB Consulting and Others v ECB
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Non-contractual liability — Economic and monetary policy — Restructuring of the Greek government debt — Obligatory exchange of shares held by private creditors — Opinion of the European Central Bank (ECB) — Principle of pacta sunt servanda — Article 17(1), Article 47, second indent, and Article 52(1) of the Charter of Fundamental Rights of the European Union — Article 63(1) TFEU — Article 124 TFEU — Appeal is dismissed as being manifestly unfounded
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Order of the Court (Seventh Chamber) of 12 March 2020 ECLI:EU:C:2020:208 |
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Case C-893/19 P Roxtec v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law — Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 12 March 2020 ECLI:EU:C:2020:209 |
Case C-908/19 P European Food v EUIPO
Appeal — EU trade mark — Prior determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request that the appeal be allowed to proceed failing to demonstrate that an issue raised by the appeal is significant with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 18 March 2020 ECLI:EU:C:2020:212 |
Case C-612/18 P ClientEarth v Commission
Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Article 4(1)(a), third indent, and (6) — Exceptions to the right of access — Protection of the public interest as regards international relations — Documents drawn up by the European Commission’s legal service concerning Investor-State Dispute Settlement and the Investment Court System in EU trade agreements — Partial refusal of access
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Judgment of the Court (Tenth Chamber) of 19 March 2020 ECLI:EU:C:2020:223 |
Case C-682/19 P BP v FRA
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Members of the contract staff – European Union Agency for Fundamental Rights (FRA) – Annulment of a decision not to renew a fixed-term contract – Application for revision – Inadmissibility – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Eighth Chamber) of 19 March 2020 ECLI:EU:C:2020:214 |
Case C-838/19 Boé Aquitaine v Mercialys
Reference for a preliminary ruling — Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice — Competition — Article 101 TFEU — Insufficient information regarding the factual and regulatory context of the dispute in the main proceedings and lack of grounds justifying the need for an answer to the questions referred — Manifest inadmissibility
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Order of the Court (Ninth Chamber) of 19 March 2020 ECLI:EU:C:2020:215 |
Case C-860/19 P Magnan v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for failure to act, for damages and for annulment – Freedom of movement for workers – Freedom of occupation – Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Sixth Chamber) of 26 March 2020 ECLI:EU:C:2020:227 |
April 2020
Joined Cases C-370/17 and C-37/18 CRPNPAC v Vueling Airlines and Vueling Airlines v Poignant
Reference for a preliminary ruling — Migrant workers — Social security — Regulation (EEC) No 1408/71 — Legislation applicable — Article 14(1)(a) — Posted workers — Article 14(2)(a)(i) — Person normally employed in the territory of two or more Member States and employed by a branch or a permanent representation that an undertaking has in the territory of a Member State other than that where it has its registered office– Regulation (EEC) No 574/72 — Article 11(1)(a) — Article 12a(1a) — E 101 certificate — Binding effect — Certificate fraudulently obtained or relied on — Power of the courts of the host Member State to make a finding of fraud and disregard the certificate — Article 84(a)(3) of Regulation No 1408/71 — Cooperation between competent institutions — Authority in civil proceedings of res judicata in criminal proceedings — Primacy of EU law
Requests for a preliminary ruling from the Tribunal de grande instance de Bobigny and Cour de cassation
Language of the case: French
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 11 July 2019
ECLI:EU:C:2019:592 |
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Judgment of the Court (Grand Chamber) of 2 April 2020
ECLI:EU:C:2020:260 |
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Joined Cases C-715/17, C-718/17 and C-719/17 Commission v Poland and Others (Temporary mechanism for the relocation of applicants for international protection)
Failure of a Member State to fulfil obligations — Decisions (EU) 2015/1523 and (EU) 2015/1601 — Article 5(2) and (4) to (11) of each of those decisions — Provisional measures in the area of international protection for the benefit of Italy and of Greece — Emergency situation characterised by a sudden influx of third-country nationals into certain Member States — Relocation of those nationals to other Member States — Relocation procedure — Obligation on the Member States to indicate at regular intervals, and at least every three months, the number of applicants for international protection who can be relocated swiftly to their territory — Consequent obligations leading to actual relocation — Interests of the Member States linked to national security and public order — Possibility for a Member State to rely on Article 72 TFEU in order not to apply EU legal acts of a binding nature
Languages of the case: Polish, Hungarian and Czech
| Summary |
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Opinion of Advocate General Sharpston delivered on 31 October 2019
ECLI:EU:C:2019:917 |
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Judgment of the Court (Third Chamber) of 2 April 2020
ECLI:EU:C:2020:257 |
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Case C-228/18 Gazdasági Versenyhivatal v Budapest Bank and Others
Reference for a preliminary ruling — Competition — Agreements, decisions and concerted practices — Article 101(1) TFEU — Card payment systems — Interbank agreement fixing the level of interchange fees — Agreement restricting competition ‘by object’ and ‘by effect’ — Concept of restriction of competition ‘by object’
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Bobek delivered on 5 September 2019
ECLI:EU:C:2019:678 |
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Judgment of the Court (Fifth Chamber) of 2 April 2020
ECLI:EU:C:2020:265 |
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Case C-458/18 GVC Services (Bulgaria) v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling – Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States – Directive 2011/96/EU – Article 2(a)(i) and (iii) and Annex I, Part A (ab), and Part B, last indent – Definition of ‘Companies incorporated under the law of the United Kingdom’ and ‘corporation tax in the United Kingdom’ – Companies registered in Gibraltar and subject to corporation tax there
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
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Opinion of Advocate General Hogan delivered on 24 October 2019
ECLI:EU:C:2019:897 |
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Judgment of the Court (Fifth Chamber) of 2 April 2020
ECLI:EU:C:2020:266 |
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Case C-480/18 PrivatBank v Finanšu un kapitāla tirgus komisija
Reference for a preliminary ruling — Payment services in the internal market — Directive 2007/64/EC — Material and personal scope — Payment services provided in a currency other than the euro or the currency of a Member State outside the euro area — Payment services provided by a credit institution — Non-execution or defective execution of a payment order — Person liable — Prudential supervision procedure — Complaint procedures — Out-of-court-redress — Competent authorities
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
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Opinion of Advocate General Pitruzzella delivered on 7 November 2019
ECLI:EU:C:2019:943 |
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Judgment of the Court (Ninth Chamber) of 2 April 2020
ECLI:EU:C:2020:274 |
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Case C-500/18 AU v Reliantco Investments and Reliantco Investments Limassol Sucursala Bucureşti
Reference for a preliminary ruling — Freedom of establishment — Freedom to provide services — Markets in financial instruments — Directive 2004/39/EC — Meanings of ‘retail client’ and ‘consumer’ — Conditions for relying on the status of consumer — Determining jurisdiction to hear the request
Request for a preliminary ruling from the Tribunalul Specializat Cluj
Language of the case: Romanian
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Judgment of the Court (Fourth Chamber) of 2 April 2020
ECLI:EU:C:2020:264 |
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Case C-567/18 Coty Germany v Amazon Services Europe and Others
Reference for a preliminary ruling — EU trade mark — Regulation (EC) No 207/2009 — Article 9 — Regulation (EU) 2017/1001 — Article 9 — Rights conferred by a trade mark — Use — Stocking of goods for the purposes of offering them or putting them on the market — Storage with a view to dispatching goods sold in an online marketplace which infringe trade mark rights
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 28 November 2019
ECLI:EU:C:2019:1031 |
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Judgment of the Court (Fifth Chamber) of 2 April 2020
ECLI:EU:C:2020:267 |
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Case C-670/18 CO v Comune di Gesturi
Reference for a preliminary ruling — Social policy — Principle of equal treatment in employment and occupation — Directive 2000/78/EC — Prohibition of all discrimination on grounds of age — Public call for expressions of interest — Conditions of participation — Exclusion of retired public-sector and private-sector employees
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Sardegna
Language of the case: Italian
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Judgment of the Court (Eighth Chamber) of 2 April 2020
ECLI:EU:C:2020:272 |
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Case C-753/18 Stim and SAMI v Fleetmanager Sweden and Nordisk Biluthyrning
Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Directive 2001/29/EC – Article 3(1) – Directive 2006/115/EC – Article 8(2) – Concept of ‘communication to the public’ – Undertaking hiring out cars each having a radio receiver as standard equipment
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Szpunar delivered on 15 January 2020
ECLI:EU:C:2020:4 |
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Judgment of the Court (Fifth Chamber) of 2 April 2020
ECLI:EU:C:2020:268 |
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Case C-765/18 Stadtwerke Neuwied v RI
Reference for a preliminary ruling — Directive 2003/55/EC — Common rules for the internal market in natural gas — Consumer protection — Article 3(3) and point (b) of Annex A — Transparency of contractual terms and conditions — Obligation to give consumers adequate notice directly of an increase in charges
Request for a preliminary ruling from the Landgericht Koblenz
Language of the case: German
| Summary |
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Judgment of the Court (Seventh Chamber) of 2 April 2020
ECLI:EU:C:2020:270 |
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Case C-802/18 Caisse pour l'avenir des enfants (Child of the spouse of a frontier worker)
Reference for a preliminary ruling – Article 45 TFEU – Social security for migrant workers – Regulation (EC) No 883/2004 – Article 1(i) – Freedom of movement for workers – Equal treatment – Social advantages – Directive 2004/38 – Article 2(2) – Regulation (EU) No 492/2011 – Article 7(2) – Family allowance – Concept of ‘members of the family’ – Exclusion of the children of the spouses of non-resident workers – Difference in treatment in comparison with the children of the spouses of resident workers – Justification
Request for a preliminary ruling from the Conseil supérieur de la Sécurité sociale (Luxembourg)
Language of the case: French
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Judgment of the Court (Sixth Chamber) of 2 April 2020
ECLI:EU:C:2020:269 |
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Case C-830/18 Landkreis Südliche Weinstraße v PF and Others
Reference for a preliminary ruling — Freedom of movement for workers — Regulation (EU) No 492/2011 — Children of frontier workers — Social advantages — System for reimbursement of school transport costs — Requirement of residence in a Land — Exclusion of children attending school in that Land and residing in a Member State other than that of the school attended — Exclusion of nationals residing in other Länder
Request for a preliminary ruling from the Oberverwaltungsgericht Rheinland-Pfalz
Language of the case: German
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Judgment of the Court (Ninth Chamber) of 2 April 2020
ECLI:EU:C:2020:275 |
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Case C-20/19 kunsthaus muerz v Zürich Versicherung
Reference for a preliminary ruling – Freedom to provide services – Direct life assurance – Directive 2002/83/EC – Articles 35 and 36 – Right of cancellation and cancellation period – Incorrect information concerning the detailed rules for exercising the right of cancellation – Formal requirements for the declaration of cancellation – Lapse of the right of cancellation – Relevance of the policy holder’s status as a ‘consumer’
Request for a preliminary ruling from the Oberlandesgericht Wien
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 2 April 2020
ECLI:EU:C:2020:273 |
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Case C-329/19 Condominio di Milano, via Meda v Eurothermo
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Article 1(1) — Article 2(b) — Definition of ‘consumer’ — Commonhold of a building
Request for a preliminary ruling from the Tribunale di Milano
Language of the case: Italian
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Judgment of the Court (First Chamber) of 2 April 2020
ECLI:EU:C:2020:263 |
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Case C-897/19 PPU Ruska Federacija v I.N.
Reference for a preliminary ruling — Urgent preliminary ruling procedure — EEA Agreement — Non-discrimination — Article 36 — Freedom to provide services — Scope — Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis — Agreement on the surrender procedure between the Member States of the European Union and Iceland and Norway — Extradition to a third State of an Icelandic national — Protection of a Member State’s nationals against extradition — No equivalent protection for nationals of another State — Icelandic national who was granted asylum under national law before acquiring Icelandic citizenship — Restriction of freedom of movement — Justification based on the prevention of impunity — Proportionality — Verification of the guarantees provided for in Article 19(2) of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Vrhovni sud
Language of the case: Croatian
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Opinion of Advocate General Tanchev delivered on 27 February 2020
ECLI:EU:C:2020:128 |
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Judgment of the Court (Grand Chamber) of 2 April 2020
ECLI:EU:C:2020:262 |
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Case C-791/19 R Commission v Poland
Interim relief — Article 279 TFEU — Application for interim measures — Second subparagraph of Article 19(1) TEU — Independence of the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland)
Language of the case: Polish
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Order of the Court (Grand Chamber) of 8 April 2020
ECLI:EU:C:2020:277 |
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Joined Cases C-13/18 and C-126/18 Sole-Mizo and Dalmandi Mezőgazdasági Zrt. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Right to deduct input tax – Refunding of excess VAT – Late repayment – Calculation of interest – Procedure for awarding interest due because of the unavailability of excess deductible VAT retained in breach of EU law and interest due as a result of delay by the tax authority in paying an amount due – Principles of effectiveness and equivalence
Requests for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság and Szekszárdi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
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Opinion of Advocate General Hogan delivered on 11 September 2019
ECLI:EU:C:2019:708 |
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Judgment of the Court (Second Chamber) of 23 April 2020
ECLI:EU:C:2020:292 |
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Case C-401/18 Herst v Odvolací finanční ředitelství
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(b) — Intra-Community acquisition of goods — Article 20 — Acquisition of the right to dispose of goods as owner — Chain of transactions for the purchase and resale of goods with a single intra-Community transport — Right to take decisions capable of affecting the legal situation of property — Transaction to which the transport should be ascribed — Transport under an excise duty suspension arrangement — Temporal effect of judgments by way of interpretation
Request for a preliminary ruling from the Krajský soud v Praze
Language of the case: Czech
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Opinion of Advocate General Kokott delivered on 3 October 2019
ECLI:EU:C:2019:834 |
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Judgment of the Court (Fourth Chamber) of 23 April 2020
ECLI:EU:C:2020:295 |
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Case C-507/18 NH v Associazione Avvocatura per i diritti LGBTI
Reference for a preliminary ruling — Equal treatment in employment and occupation — Directive 2000/78/EC — Article 3(1)(a), Article 8(1) and Article 9(2) — Prohibition of discrimination based on sexual orientation — Conditions for access to employment or to occupation — Concept — Public statements ruling out recruitment of homosexual persons — Article 11(1), Article 15(1) and Article 21(1) of the Charter of Fundamental Rights of the European Union — Defence of rights — Sanctions — Legal entity representing a collective interest — Standing to bring proceedings without acting in the name of a specific complainant or in the absence of an injured party — Right to damages
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Opinion of Advocate General Sharpston delivered on 31 October 2019
ECLI:EU:C:2019:922 |
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Judgment of the Court (Grand Chamber) of 23 April 2020
ECLI:EU:C:2020:289 |
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Case C-640/18 Wagram Invest v Belgian State
Request for a preliminary ruling from the Cour d'appel de Mons
Language of the case: French
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Opinion of Advocate General Pitruzzella delivered on 27 November 2019
ECLI:EU:C:2019:1022 |
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Judgment of the Court (Second Chamber) of 23 April 2020
ECLI:EU:C:2020:293 |
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Case C-710/18 WN v Land Niedersachsen (Previous periods of relevant activity)
Reference for a preliminary ruling — Freedom of movement for workers — Article 45(1) TFEU — Remuneration — Step allocation in a remuneration system — Remuneration system linking entitlement to a higher remuneration rate to length of service with the same employer — Limitation of the account to be taken of previous periods of relevant activity with an employer in a Member State other than the Member State of origin
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 23 April 2020
ECLI:EU:C:2020:299 |
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Case C-28/19 Ryanair and Autorità Garante della Concorrenza e del Mercato - Antitrust v Autorità Garante della Concorrenza e del Mercato - Antitrust and Others
Reference for a preliminary ruling — Transport — Air services — Regulation (EC) No 1008/2008 — Article 23(1) — Indication of the final price to be paid — Online passenger check-in fees — VAT — Administrative fees for purchases made by means of a credit card other than that approved by the air carrier — Unavoidable and foreseeable elements of the final price to be paid — Optional price supplements — Concept
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Seventh Chamber) of 23 April 2020
ECLI:EU:C:2020:301 |
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Joined Cases C-101/19 and C-102/19 DHU Arzneimittel v Bundesrepublik Deutschland
References for a preliminary ruling — Medicinal products for human use — Directive 2001/83/EC — Articles 62 and 69 — Particulars on the labelling and package leaflet of homeopathic medicinal products — Exhaustive list of the particulars or possibility to add information that is useful to the patient and is compatible with the summary of product characteristics –Dosage schedules for homeopathic medicinal products
Requests for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 23 April 2020
ECLI:EU:C:2020:304 |
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Case C-217/19 Commission v Finland (Spring hunting of male common eiders)
Action for failure to fulfil obligations — Directive 2009/147/EC — Conservation of wild birds — Authorisations for spring hunting of male specimens of the ‘common eider’ bird species (Somateria mollissima) in the province of Åland (Finland) — Article 7(4) and Article 9(1)(c) — Concepts of ‘judicious use’ and ‘small numbers’
Language of the case: English
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Judgment of the Court (First Chamber) of 23 April 2020
ECLI:EU:C:2020:291 |
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Case C-237/19 Gömböc v Szellemi Tulajdon Nemzeti Hivatala
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Refusal or invalidation of registration — Three-dimensional mark — Article 3(1)(e)(ii) and (iii) — Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result — Sign consisting of the shape which gives substantial value to the goods — Consideration of the perception of the relevant public
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
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Judgment of the Court (Fifth Chamber) of 23 April 2020
ECLI:EU:C:2020:296 |
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Case C-399/19 Autorità per le Garanzie nelle Comunicazioni v BT Italia and Others
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Electronic communications networks and services — Directive 2002/20/EC — Article 12 — Administrative charges imposed on undertakings providing an electronic communications service or network — Administrative costs of the national regulatory authority which may be covered by a charge — Yearly overview of the administrative costs and the total of charges levied
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Order of the Court (Tenth Chamber) of 29 April 2020
ECLI:EU:C:2020:346 |
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Case C-650/17 Royalty Pharma Collection Trust v Deutsches Patent- und Markenamt
Reference for a preliminary ruling — Intellectual and industrial property — Regulation (EC) No 469/2009 — Supplementary protection certificate for medicinal products — Conditions for obtaining such a certificate — Article 3(a) — Concept of a ‘product protected by a basic patent in force’ — Assessment criteria
Request for a preliminary ruling from the Bundespatentgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Hogan delivered on 11 September 2019
ECLI:EU:C:2019:704 |
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Judgment of the Court (Fourth Chamber) of 30 April 2020
ECLI:EU:C:2020:327 |
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Case C-560/18 P Izba Gospodarcza Producentów i Operatorów Urządzeń Rozrywkowych v Commission
Appeal — Access to documents of the institutions — Regulation (EC) No 1049/2001 — Article 4(2), third indent — Exceptions to the right of access — Exception relating to protection of the purpose of investigations — Documents concerning pending infringement proceedings — Detailed opinions issued in the course of a notification procedure under Directive 98/34/EC — Request for access — Refusal — Disclosure of documents requested in the course of the proceedings before the General Court of the European Union — Disclosure — Inadmissibility — Interest in bringing proceedings — Continuation
Language of the case: English
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Opinion of Advocate General Pitruzzella delivered on 5 December 2019
ECLI:EU:C:2019:1052 |
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Judgment of the Court (Fifth Chamber) of 30 April 2020
ECLI:EU:C:2020:330 |
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Case C-565/18 Société Générale v Agenzia delle Entrate – Direzione Regionale Lombardia Ufficio Contenzioso
Request for a preliminary ruling from the Commissione Tributaria Regionale per la Lombardia
Language of the case: Italian
| Summary |
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Opinion of Advocate General Hogan delivered on 28 November 2019
ECLI:EU:C:2019:1029 |
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Judgment of the Court (Second Chamber) of 30 April 2020
ECLI:EU:C:2020:318 |
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Case C-584/18 D. Z. v Blue Air - Airline Management Solutions
Reference for a preliminary ruling – Area of freedom, security and justice – Border controls, asylum and immigration – Decision No 565/2014/EU – Simplified regime for the control of persons at the external borders – Third-country national in possession of a temporary residence permit issued by a Member State – Article 3 – Recognition by Bulgaria, Croatia, Cyprus and Romania of certain documents as equivalent to their national visas – Ability to rely on a decision against a State – Direct effect – Body governed by private law regarded as an emanation of the State – Conditions – Regulation (EC) No 562/2006 – Schengen Borders Code – Article 13 – Refusal of entry into the territory of a Member State – Obligation to state reasons – Regulation (EC) No 261/2004 – Compensation and assistance to air passengers in the event of denied boarding – Article 2(j) – Denied boarding based on the allegedly inadequate nature of travel documentation – Article 15 – Obligations of air carriers towards passengers – Inadmissibility of the derogations provided for in the contract of carriage or other documents
Request for a preliminary ruling from the Eparchiako Dikastirio Larnakas
Language of the case: Greek
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 21 November 2019
ECLI:EU:C:2019:1003 |
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Judgment of the Court (Third Chamber) of 30 April 2020
ECLI:EU:C:2020:324 |
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Case C-627/18 Nelson Antunes da Cunha v IFAP
Reference for a preliminary ruling – State aid – Article 108 TFEU – Aid scheme that is incompatible with the internal market – Decision of the European Commission ordering the recovery of unlawful aid – Regulation (EU) 2015/1589 – Article 17(1) – Limitation period of 10 years – Application to the recovery powers of the Commission – Article 16(2) and (3) – National legislation laying down a limitation period of a lesser duration – Principle of effectiveness
Request for a preliminary ruling from the Tribunal Administrativo e Fiscal de Coimbra
Language of the case: Portuguese
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Opinion of Advocate General Saugmandsgaard Øe delivered on 12 December 2019
ECLI:EU:C:2019:1084 |
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Judgment of the Court (Second Chamber) of 30 April 2020
ECLI:EU:C:2020:321 |
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Case C-661/18 CTT - Correios de Portugal v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Deduction of input tax — Article 173 — Mixed taxable person — Deduction methods — Pro rata method — Deduction on the basis of actual use — Article 184 to Article 186 — Adjustment of deductions — Change in the factors used to determine the amount to be deducted — Output transaction incorrectly regarded as VAT-exempt — National measure prohibiting a change in the deduction method for years that have already elapsed — Limitation period — Principles of fiscal neutrality, legal certainty, effectiveness, and proportionality
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
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Judgment of the Court (Seventh Chamber) of 30 April 2020
ECLI:EU:C:2020:335 |
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Case C-772/18 A v B (Infringement by importing ball bearings)
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 5(1) — Article 5(3)(b) and (c) — Infringement — Concept of ‘use in the course of trade’ — Goods released for free circulation –Imports — Storage — Retention of goods for marketing — Exports
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
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Judgment of the Court (Tenth Chamber) of 30 April 2020
ECLI:EU:C:2020:341 |
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Case C-797/18 P Greece v Commission (Permanent pasture)
Appeal — European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) — Expenditure excluded from EU financing — Expenditure incurred by the Hellenic Republic — Regulation (EC) No 1782/2003 — Regulation (EC) No 796/2004 — Regulation (EC) No 1120/2009 — Regulation (EU) No 1306/2013 — Area-related aid scheme — Concept of ‘permanent pasture’ — Flat-rate financial corrections — Regulation (EC) No 1698/2005 — Assessment of the eligibility of expenditure — Managing authority — Regulation (EC) No 1290/2005 — Expenses covered by the 24-month period — Regulation (EC) No 817/2004 — System of effective, proportionate and dissuasive penalties — Method of calculating the correction
Language of the case: Greek
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Judgment of the Court (Ninth Chamber) of 30 April 2020
ECLI:EU:C:2020:340 |
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Case C-810/18 DHL Logistics (Slovakia) v Finančné riaditeľstvo SR
Reference for a preliminary ruling — Regulation (EEC) No 2658/87 — Customs Union and Common Customs Tariff — Tariff classification — Combined Nomenclature — Subheading 8525 80 91 — Digital cameras — Video camera recorders — Digital video camera recorder capable of capturing and recording still images and sequences of video with a resolution quality of less than 800 × 600 pixels
Request for a preliminary ruling from the Krajský súd v Trnave
Language of the case: Slovak
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Judgment of the Court (Seventh Chamber) of 30 April 2020
ECLI:EU:C:2020:336 |
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Case C-5/19 Оvergas Mrezhi and Balgarska gazova asotsiatsia v Komisia za energiyno i vodno regulirane
Reference for a preliminary ruling — Common rules for the internal market in natural gas — Directive 2009/73/EC — Article 3(1) to (3) and Article 41(16) — Public service obligations — Natural gas storage obligations for the purposes of ensuring the security and regularity of supply — National legislation providing that the financial burden of the public service obligations imposed on the natural gas undertakings is to be passed on to their customers — Conditions — Adoption of a legal act by a national regulatory authority imposing a public service obligation — Procedure — Articles 36 and 38 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Judgment of the Court (Tenth Chamber) of 30 April 2020
ECLI:EU:C:2020:343 |
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Joined Cases C-168/19 and C-169/19 HB and IC v INPS
Reference for a preliminary ruling — Freedom of movement for persons — Article 21 TFEU — Principle of non-discrimination on grounds of nationality — Article 18 TFEU — Convention for the avoidance of double taxation — Public sector workers — Pensioner residing in a Member State other than that paying retirement pension and who does not have the nationality of the Member State of residence — Income tax — Alleged loss of tax advantages — Alleged impediment to freedom of movement and alleged discrimination
Requests for a preliminary ruling from the Corte dei Conti - Sezione Giurisdizionale Per la Regione Puglia
Language of the case: Italian
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Judgment of the Court (Eighth Chamber) of 30 April 2020
ECLI:EU:C:2020:338 |
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Case C-184/19 Hecta Viticol v ANAF - Direcţia Generală de Soluţionare a Contestaţiilor and Others
Reference for a preliminary ruling – Directives 92/83/EEC and 92/84/EEC – Rates of excise duty on wine and still fermented beverages other than wine and beer – Differentiated rates of excise duty – Principles of legal certainty and the protection of legitimate expectations
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
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Judgment of the Court (Seventh Chamber) of 30 April 2020
ECLI:EU:C:2020:337 |
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Case C-191/19 OI v Air Nostrum
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Compensation for air passengers in the event of denied boarding — Denied boarding — Cancellation — Connecting flights — Change of the reservation in respect of one of the flights comprising the journey by air against the passenger’s will — Arrival of the passenger without delay at his or her final destination
Request for a preliminary ruling from the Landgericht Frankfurt am Main
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 30 April 2020
ECLI:EU:C:2020:339 |
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Case C-211/19 UO v Készenléti Rendőrség
Reference for a preliminary ruling — Social policy — Protection of the safety and health of workers — Directive 2003/88/EC — Scope — Derogation — Article 1(3) — Directive 89/391/EEC — Article 2(2) — Activities of rapid intervention police officers
Request for a preliminary ruling from the Miskolci Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Tenth Chamber) of 30 April 2020
ECLI:EU:C:2020:344 |
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Case C-258/19 EUROVIA v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Common system of value added tax – Directive 77/388/EEC – First and third subparagraphs of Article 10(2), Article 17(1) and first subparagraph of Article 18(2) – Directive 2006/112/EC – Article 63, Article 64(1), subparagraphs (a) to (c) of the first paragraph of Article 66, Article 167 and the first paragraph of Article 179 – Services supplied before Hungary acceded to the European Union – Exact remuneration for that supply determined after accession – Invoice relating to that supply issued and paid after accession – Refusal on the grounds of limitation of the right to deduct based on that invoice – Jurisdiction of the Court
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Tenth Chamber) of 30 April 2020
ECLI:EU:C:2020:345 |
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Information (on unpublished decisions)
Case C-577/18 P-REV Kerstens v Commission
Application for revision — Article 159 of the Rules of Procedure of the Court of Justice — Conditions — No evidence — No fact of such a nature as to be a decisive factor — Inadmissibility
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Order of the Court (Eighth Chamber) of 2 April 2020 ECLI:EU:C:2020:250 |
C-384/19 Commission v Spain (Flood risks– Management plans for the Canary Islands)
Failure of a Member State to fulfil obligations – Flood risk assessment and management – Directive 2007/60/EC – Article 7(1) and (5), Article 10(1) and (2) and Article 15(1) – Flood risk management plan – Establishment – Public consultation and information – Making available to the European Commission – River basin districts ES 120 Gran Canaria, ES 122 Fuerteventura, ES 123 Lanzarote, ES 124 Tenerife, ES 125 La Palma, ES 126 La Gomera and ES 127 El Hierro (Spain)
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Judgment of the Court (Seventh Chamber) of 2 April 2020 ECLI:EU:C:2020:271 |
Case C-390/19 P Italy v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – European Agricultural Guarantee Fund (EAGF) – European Agricultural Fund for Rural Development (EAFRD) – Sugar sector – Expenditure excluded from EU financing – Expenditure incurred by the Italian Republic – Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded
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Order of the Court (Ninth Chamber) of 2 April 2020 ECLI:EU:C:2020:249 |
Case C-406/19 P Commission v Spain
Appeal — EAGF and EAFRD — Expenditure excluded from financing — Expenditure incurred by the Kingdom of Spain — Withdrawal of recognition of producer organisations — Non-recovery of aid paid — Burden of proof — Flat-rate financial correction
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Judgment of the Court (Ninth Chamber) of 2 April 2020 ECLI:EU:C:2020:276 |
Case C-553/19 P ITSA v Commission
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Approximation of laws — Manufacture, presentation and sale of tobacco and related products — Establishment and operation of a traceability system for tobacco products — Delegated regulation and implementing measures — Action for annulment — Admissibility — Article 263, fourth para., TFEU — Lack of individual concern — Article 256(1), second para., TFEU — Article 58, first para., of the Statue of the Court of Justice of the European Union — Article 168(1)(d) and Article 169(2) of the Rules of Procedure of the Court of Justice — Paragraphs of the contested grounds of the judgment under appeal and specific legal arguments in support of the appeal not made clear — Line of argument asking the Court simply to re-examine the arguments put forward at first instance — Manifestly inadmissible appeal
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Order of the Court (Ninth Chamber) of 2 April 2020 ECLI:EU:C:2020:248 |
Case C-26/20 P Rezon v EUIPO
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Order of the Court (Chamber determining whether appeals may proceed) of 21 April 2020 ECLI:EU:C:2020:283 |
Case C-691/15 P-DEP Bilbaína de Alquitranes and Others v Commission
Taxation of costs
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Order of the Court (Tenth Chamber) of 22 April 2020 ECLI:EU:C:2020:284 |
Case C-692/19 B v Yodel Delivery Network
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Directive 2003/88/EC — Organisation of working time — Concept of ‘worker’ — Parcel delivery undertaking — Classification of couriers engaged under a services agreement — Possibility for a courier to engage subcontractors and to perform similar services concurrently for third parties
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Order of the Court (Eighth Chamber) of 22 April 2020 ECLI:EU:C:2020:288 |
Case C-736/18 P Gugler France v EUIPO
Appeal — EU trade mark — Figurative mark containing the word element GUGLER — Application for a declaration of invalidity brought by Gugler France SA — Economic link between the party seeking a declaration of invalidity and the proprietor of the contested mark — No likelihood of confusion
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Judgment of the Court (Tenth Chamber) of 23 April 2020 ECLI:EU:C:2020:308 |
Case C-161/19 Commission v Austria (Spring hunting of woodcocks)
Failure of a Member State to fulfil obligations — Directive 2009/147/EC — Conservation of wild birds — Authorisations for spring hunting of male specimens of the ‘woodcocks’ bird species (Scolopax rusticola) in Lower Austria (Austria) — Articles 7(4) and (9)(1)(c) — No ‘other satisfactory solution’ — Notion of ‘small numbers’
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Judgment of the Court (First Chamber) of 23 April 2020 ECLI:EU:C:2020:290 |
Case C-284/19 P-OST Clarke v Commission
Article 155 of the Rules of Procedure of the Court of Justice — No failure to adjudicate
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Order of the Court (Tenth Chamber) of 23 April 2020 ECLI:EU:C:2020:285 |
Case C-936/19 P Rubik's Brand v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law — Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 23 April 2020 ECLI:EU:C:2020:286 |
Case C-14/20 P Neoperl v EUIPO
Appeal — EU trade mark — Determination as to whether appeals should be allowed to proceed — Article 170b of the Rules of Procedure of the Court of Justice — Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law — Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 23 April 2020 ECLI:EU:C:2020:287 |
Case C-747/19 P Rosellò v Italy
Appeal — Article 181 of the Rules of Procedure of the Court — Action for non-contractual liability brought against a Member State
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Order of the Court (Sixth Chamber) of 29 April 2020 ECLI:EU:C:2020:313 |
Case C-756/19 Ramada Storax v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Articles 90 and 273 — Taxable amount — Reduction — Non-payment — Insolvency of the debtor residing outside the country — Ruling by a court of another Member State declaring debts claimed irrecoverable — Principles of fiscal neutrality and proportionality
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Order of the Court (Seventh Chamber) of 29 April 2020 ECLI:EU:C:2020:311 |
Joined Cases C-608/18 P, C-609/18 P and C-767/18 P Cyprus v EUIPO
Appeal — EU trade mark — Opposition proceedings — Invalidity of the mark cited by the opposing party — Appeals which have become devoid of purpose — No need to adjudicate
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Order of the Court (Tenth Chamber) of 30 April 2020 ECLI:EU:C:2020:347 |
Case C-638/18 Commission v Romania (Exceedance of the limit values for PM10)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and constant exceedance of the limit values for micro particles (PM10) in Zone RO32101 (Bucharest, Romania) – Article 23(1) – Annex XV – Exceedance period ‘as short as possible’ – Appropriate measures
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Judgment of the Court (Seventh Chamber) of 30 April 2020 ECLI:EU:C:2020:334 |
Case C-557/19 P Hochmann Marketing v Parliament
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Request to act addressed to the European Parliament – Decision by the Parliament’s Committee on Petitions – Parliament’s lack of competence to amend the Rules of Procedure of the Court of Justice – Manifest lack of jurisdiction of the General Court of the European Union and manifest inadmissibility of the action at first instance – Appeal manifestly unfounded
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Order of the Court (Seventh Chamber) of 30 April 2020 ECLI:EU:C:2020:315 |
Joined Cases C-818/19 and C-878/19 Marvik-Pastrogor v Darzhavata, predstavlyavana ot Ministara na fïnansite and Rodes - 08 v Narodno sabranie na Republika Bulgaria and Darzhavata, predstavlyavana ot Ministara na fïnansite
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice – Environment – Electricity generated by solar and wind power – Directive 2009/28/EC – Promotion of the use of energy from renewable sources – Article 3(3), first subparagraph, point (a) – Mandatory national overall targets – Articles 16 and 17 of the Charter of Fundamental Rights of the European Union – Freedom to conduct a business – Right to property – General principles of non-discrimination, legal certainty and the protection of legitimate expectations – Tax on the production of energy from renewable sources – Manifest lack of jurisdiction, in part, of the Court
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Order of the Court (Tenth Chamber) of 30 April 2020 ECLI:EU:C:2020:314 |
Case C-939/19 Flightright v Eurowings
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Air transport — Regulation (EC) No 261/2004 — Compensation for flight passengers in the event of cancellation of a flight — Long delay — Right to compensation — Distance to be taken into account — Flight with a stopover — Connecting flight — Taking into account of the total flight distance or the cancelled leg of the journey only
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Order of the Court (Eighth Chamber) of 30 April 2020 ECLI:EU:C:2020:316 |
May 2020
Joined Cases C-415/19 to C-417/19 Blumar and Others v Agenzia delle Entrate
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — State aid — European Commission decision declaring an aid scheme compatible with the internal market — National legislation precluding the award of aid under the authorised scheme in the event of non-compliance with a condition not provided for in the Commission decision
Requests for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Order of the Court (Sixth Chamber) of 6 May 2020
ECLI:EU:C:2020:360 |
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Case C-547/18 Dong Yang Electronics v Dyrektor Izby Administracji Skarbowej we Wrocławiu
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 44 — Implementing Regulation (EU) No 282/2011 — Article 11(1) — Supply of services — Point of reference for tax purposes — Concept of a ‘fixed establishment’ — Taxable person for VAT purposes — Subsidiary of a company of a non-Member State located in a Member State
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu
Language of the case: Polish
| Summary |
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Opinion of Advocate General Kokott delivered on 14 November 2019
ECLI:EU:C:2019:976 |
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Judgment of the Court (Fifth Chamber) of 7 May 2020
ECLI:EU:C:2020:350 |
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Case C-641/18 LG v Rina and Ente Registro Italiano Navale
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EC) No 44/2001 — Article 1(1) — Concepts of ‘civil and commercial matters’ and ‘administrative matters’ — Scope — Activities of ship classification and certification societies — Acta iure imperii and acta iure gestionis — Public powers — Immunity from jurisdiction
Request for a preliminary ruling from the Tribunale di Genova
Language of the case: Italian
| Summary |
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Opinion of Advocate General Szpunar delivered on 14 January 2020
ECLI:EU:C:2020:3 |
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Judgment of the Court (First Chamber) of 7 May 2020
ECLI:EU:C:2020:349 |
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Case C-96/19 VO v Bezirkshauptmannschaft Tulln (Attestation concerning non-driving days)
Reference for a preliminary ruling – Road transport – Working days and rest days – Digital tachographs – Regulation (EU) No 165/2014 – Working days not recorded on a driver card and no record sheets kept – National legislation requiring the driver to present an attestation from his employer in such circumstances – Validity of the form annexed to Decision 2009/959/EU
Request for a preliminary ruling from the Landesverwaltungsgericht Niederösterreich
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 7 May 2020
ECLI:EU:C:2020:353 |
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Case C-148/19 P BTB Holding Investments and Duferco Participations Holding v Commission
Appeal – State aid – Regional aid for the steel industry – Decision declaring the aid incompatible with the common market – Notion of ‘State aid’ – Advantage – Private-operator test – Manifest error – Burden of proof – Limits of judicial review
Language of the case: French
| Summary |
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Judgment of the Court (Seventh Chamber) of 7 May 2020
ECLI:EU:C:2020:354 |
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Joined Cases C-267/19 and C-323/19 PARKING and Interplastics v SAWAL and Letifico
Reference for a preliminary ruling – Regulation (EU) No 1215/2012 – Judicial cooperation in civil matters – Notaries acting in enforcement proceedings based on an authentic document – Non-adversarial proceedings – Principle of non-discrimination – Article 18 TFEU – Right to a fair trial – Article 47 of the Charter of Fundamental Rights of the European Union
Requests for a preliminary ruling from the Trgovački sud u Zagrebu
Language of the case: Croatian
| Summary |
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Judgment of the Court (Sixth Chamber) of 7 May 2020
ECLI:EU:C:2020:351 |
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Case C-446/18 AGROBET CZ v Finanční úřad pro Středočeský kraj
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Deduction of input tax – Excess VAT – Excess VAT withheld following the initiation of a tax inspection procedure – Request for refund of the portion of the excess relating to transactions not covered by that procedure – Refusal of the tax authority
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Opinion of Advocate General Kokott delivered on 19 December 2019
ECLI:EU:C:2019:1137 |
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Judgment of the Court (Second Chamber) of 14 May 2020
ECLI:EU:C:2020:369 |
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Case C-615/18 UY v Staatsanwaltschaft Offenburg
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Right to information in criminal proceedings – Directive 2012/13/EU – Article 6 – Right to information about the accusation – Criminal prosecution for driving a vehicle without a driving licence – Driving ban resulting from an earlier penalty order of which the person concerned was unaware – Service of that order on the person concerned solely by way of a person compulsorily appointed to accept service – Acquisition of the force of res judicata – Possible negligence on the part of the person concerned
Request for a preliminary ruling from the Amtsgericht Kehl
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 16 January 2020
ECLI:EU:C:2020:9 |
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Judgment of the Court (Fifth Chamber) of 14 May 2020
ECLI:EU:C:2020:376 |
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Case C-667/18 Orde van Vlaamse Balies and Ordre des barreaux francophones et germanophone v Ministerraad
Reference for a preliminary ruling — Directive 2009/138/EC — Legal expenses insurance — Article 201 — Insured person’s right freely to choose a lawyer — Proceedings — Meaning — Mediation proceedings
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 11 December 2019
ECLI:EU:C:2019:1066 |
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Judgment of the Court (Third Chamber) of 14 May 2020
ECLI:EU:C:2020:372 |
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Case C-749/18 B and Others v Administration des contributions directes (Vertical and horizontal tax integration)
Reference for a preliminary ruling – Articles 49 and 54 TFEU – Freedom of establishment – Tax legislation – Taxation of companies – Parent companies and subsidiaries – Vertical and horizontal tax integration
Request for a preliminary ruling from the Cour administrative
Language of the case: French
| Summary |
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Judgment of the Court (Second Chamber) of 14 May 2020
ECLI:EU:C:2020:370 |
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Case C-15/19 Azienda Municipale Ambiente v Consorzio Laziale Rifiuti
Reference for a preliminary ruling — Environment — Waste — Directive 1999/31/EC — Existing landfill sites — Period of responsibility for after-care of the landfill following closure — Extension — Costs of the landfill of waste — Polluter pays principle — Temporal scope of the directive
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Opinion of Advocate General Kokott delivered on 16 January 2020
ECLI:EU:C:2020:10 |
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Judgment of the Court (Second Chamber) of 14 May 2020
ECLI:EU:C:2020:371 |
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Case C-17/19 Criminal proceedings against Bouygues travaux publics and Others
Reference for a preliminary ruling — Migrant workers — Social security — Regulation (EEC) No 1408/71 — Legislation applicable — Article 14(1)(a) and (2)(b) — Regulation (EC) No 883/2004 — Article 12(1) — Article 13(1)(a) — Posted workers — Workers employed in two or more Member States — Regulation (EEC) No 574/72 — Article 11(1)(a) — Article 12a(2)(a) and(4)(a) — Regulation (EC) No 987/2009 — Article 19(2) — E 101 and A 1 Certificates — Binding effect — Consequences — Social security — Employment law
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
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Judgment of the Court (Fifth Chamber) of 14 May 2020
ECLI:EU:C:2020:379 |
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Case C-45/19 Compañía de Tranvías de La Coruña v Ayuntamiento de A Coruña
Request for a preliminary ruling from the Juzgado Contencioso Administrativo No 2 A Coruña
Language of the case: Spanish
| Summary |
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Rectification order of 14 May 2020
ECLI:EU:C:2020:386 |
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Case C-189/19 Spenner v Bundesrepublik Deutschland
Reference for a preliminary ruling – Environment – Scheme for greenhouse gas emission allowance trading in the European Union – Directive 2003/87/EC – Article 10a – Transitional regime for free allocation of allowances – Decision 2011/278/EU – Article 9 – Determination of the historical activity level – Significant change in the capacity of an installation which took place before the baseline period – Determination of the relevant baseline period
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 14 May 2020
ECLI:EU:C:2020:381 |
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Case C-208/19 NK v MS and AS (Individual house project)
Reference for a preliminary ruling – Consumer protection – Consumer rights – Directive 2011/83/EU – Scope – Article 3(3)(f) – Concept of ‘contracts for the construction of new buildings’ – Article 16(c) – Concept of ‘goods made to the consumer’s specifications or clearly personalised’ – Contract between an architect and a consumer for the drawing-up of a plan for a new single-family house
Request for a preliminary ruling from the Landesgericht für Zivilrechtssachen Graz
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 14 May 2020
ECLI:EU:C:2020:382 |
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Case C-263/19 T-Systems Magyarország and BKK Budapesti Közlekedési Központ v Közbeszerzési Hatóság Közbeszerzési Döntőbizottság
Reference for a preliminary ruling – Public procurement – Award of public contracts – Directive 2014/24/EU – Article 1(2) and Article 72 – Directive 2014/25/EU – Article 1(2) and Article 89 – Procedures for review of the award of public supply and public works contracts – Directive 89/665/EEC – Article 2e(2) – Procurement procedures of entities operating in the water, energy, transport and telecommunications sectors – Directive 92/13/EEC – Article 2e(2) – Modifications to a contract concluded following a public procurement procedure – No new public procurement procedure – Fines imposed on the contracting authority and on the successful tenderer – Principle of proportionality
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Fourth Chamber) of 14 May 2020
ECLI:EU:C:2020:373 |
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Case C-266/19 EIS v TO
Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Article 6(1)(c) and (h) and (4) – Annex I(A) – Right of withdrawal – Information to be supplied by the trader relating to the conditions, time limit and procedures for exercising the right of withdrawal – Requirement for the trader to state his or her telephone number ‘where available’ – Scope
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 14 May 2020
ECLI:EU:C:2020:384 |
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Joined Cases C-924/19 PPU and C-925/19 PPU FMS and Others v Országos Idegenrendészeti Főigazgatóság Dél-alföldi Regionális Igazgatóság and Országos Idegenrendészeti Főigazgatóság
Reference for a preliminary ruling — Asylum and immigration policy — Directive 2013/32/EU — Application for international protection — Article 33(2) — Grounds of inadmissibility — Article 40 — Subsequent applications — Article 43 — Border procedures — Directive 2013/33/EU — Article 2(h) and Articles 8 and 9 — Detention — Whether lawful — Directive 2008/115/EU — Article 13 — Effective remedies — Article 15 — Detention — Whether lawful — Right to an effective remedy — Article 47 of the Charter of Fundamental Rights of the European Union — Principle of primacy of EU law
Requests for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Pikamäe delivered on 23 April 2020
ECLI:EU:C:2020:294 |
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Judgment of the Court (Grand Chamber) of 14 May 2020
ECLI:EU:C:2020:367 |
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Case C-643/19 Resopre - Sociedade Revendedora de Aparelhos de Precisão v Município de Peso da Régua
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Directive 2014/24/EU – Public procurement – Directive 2014/23/EU – Services concessions – Absence of factual or legal material necessary to give a useful answer to the questions referred – Inadmissibility
Request for a preliminary ruling from the Tribunal Central Administrativo Norte
Language of the case: Portuguese
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Order of the Court (Ninth Chamber) of 25 May 2020
ECLI:EU:C:2020:388 |
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Case C-727/17 Syndyk Masy Upadłości ECO-WIND Construction v Samorządowe Kolegium Odwoławcze w Kielcach
Reference for a preliminary ruling — Directive (EU) 2015/1535 — Standards and technical regulations — Wind generators — Directive 2006/123/EC — Concept of ‘service’ — Environment — Directive 2009/28/EC — Promotion of the use of energy from renewable sources — Mandatory national overall targets — National rule on the authorisation procedures applicable to plants for the production of electricity from renewable energy sources – Proportionality — Legislation of a Member State laying down restrictions on the location of wind turbines
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Kielcach
Language of the case: Polish
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Judgment of the Court (Fourth Chamber) of 28 May 2020
ECLI:EU:C:2020:393 |
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Case C-535/18 IL and Others v Land Nordrhein-Westfalen
Reference for a preliminary ruling – Environment – Aarhus Convention – Directive 2011/92/EU – Assessment of the effects of certain projects on the environment – Public participation in the decision-making process – Irregularities vitiating the procedure for approval of a project – Access to justice – Limitations laid down by national law – Directive 2000/60/EC – EU action in the field of water policy – Deterioration of a body of groundwater – Arrangements for assessment – Right of individuals to take measures in order to prevent pollution – Standing to bring proceedings before the national courts
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Hogan delivered on 12 November 2019
ECLI:EU:C:2019:957 |
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Judgment of the Court (First Chamber) of 28 May 2020
ECLI:EU:C:2020:391 |
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Case C-654/18 Interseroh v SAA Sonderabfallagentur
Reference for a preliminary ruling – Environment – Shipment of waste – Regulation (EC) No 1013/2006 – Prior written notification and consent procedure – General information requirements – Annex IIIA – Mixture of paper, paperboard and paper products – Code B3020 of Annex IX to the Basel Convention – Impurities – Mixture contaminated by other materials – Recovery in an environmentally sound manner
Request for a preliminary ruling from the Verwaltungsgericht Stuttgart
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 30 January 2020
ECLI:EU:C:2020:55 |
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Judgment of the Court (Fifth Chamber) of 28 May 2020
ECLI:EU:C:2020:398 |
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Case C-684/18 World Comm Trading Gfz v ANAF and Direcţia Generală Regională a Finanţelor Publice Ploieşti
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
| Summary |
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Judgment of the Court (Ninth Chamber) of 28 May 2020
ECLI:EU:C:2020:403 |
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Case C-796/18 Informatikgesellschaft für Software-Entwicklung v Stadt Köln
Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Article 2(1)(5) – Article 12(4) – Article 18(1) – Concept of ‘contract for pecuniary interest’ – Contract between two contracting authorities pursuing a common objective in the public interest – Transfer of software for the coordination of fire service operations – No financial consideration – Link with a cooperation agreement under which supplementary modules of that software are made mutually available free of charge – Principle of equal treatment – Prohibition on placing a private undertaking in a position of advantage vis-à-vis its competitors
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 29 January 2020
ECLI:EU:C:2020:47 |
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Judgment of the Court (Fourth Chamber) of 28 May 2020
ECLI:EU:C:2020:395 |
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Case C-309/19 P Asociación de fabricantes de morcilla de Burgos v Commission
Appeal — Article 73(1) of the Rules of Procedure of the General Court — Order of the General Court finding an action manifestly inadmissible for lack of a handwritten signature — Paper version of the application including a printed authenticated electronic signature
Language of the case: Spanish
| Summary |
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Judgment of the Court (Eighth Chamber) of 28 May 2020
ECLI:EU:C:2020:401 |
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Information (on unpublished decisions)
Case C-628/19 P Szegedi v Parliament
Appeal – European Parliament – Rules governing the payment of expenses and allowances to Members of the European Parliament – Parliamentary assistance allowances – Recovering sums unduly paid
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Order of the Court (Ninth Chamber) of 6 May 2020 ECLI:EU:C:2020:358 |
Case C-251/19 P-OST Comprojecto-Projectos e Construçôes and Others v ECB
Article 155 of the Rules of Procedure of the Court of Justice — Omission to give a decision — None
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Order of the Court (Sixth Chamber) of 12 May 2020 ECLI:EU:C:2020:366 |
Case C-607/18 P NKT Verwaltung and NKT v Commission
Appeal – Competition – Agreements, decisions and concerted practices – European market for underground and submarine power cables – Market allocation in connection with projects – Fines – Rights of the defence – Regulation (EC) No 1/2003 – Article 27(1) – Consistency between the statement of objections and the decision at issue – Access to the file – Single and continuous infringement – Burden of proof – Distortion of arguments and evidence
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Judgment of the Court (Seventh Chamber) of 14 May 2020 ECLI:EU:C:2020:385 |
Case C-276/19 Commission v United Kingdom (VAT - Regime applicable to terminal markets)
Failure of a Member State to fulfil obligations — Common system of value added tax (VAT) — Directive 2006/112/EC — Derogations — Simplification measures and measures to prevent tax evasion or avoidance — Article 395(2) — Obligation incumbent on Member States to notify the European Commission of special measures intended to simplify the procedure for charging VAT — Substantial amendment of the measure initially notified
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Judgment of the Court (First Chamber) of 14 May 2020 ECLI:EU:C:2020:368 |
Case C-798/19 P Paix et justice pour les juifs séfarades en Israël v Commission and Council of Europe
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Institutional law – Actions for damages – Complaints with the European Commission and the European Court of Human Rights – Appeal manifestly inadmissible
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Order of the Court (Seventh Chamber) of 27 May 2020 ECLI:EU:C:2020:389 |
Case C-709/18 Criminal proceedings against UL and VM
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice – Directive (EU) 2016/343 – Articles 3 and 4 – Charter of Fundamental Rights of the European Union – Articles 47 and 48 – Public references to guilt – National court – Acceptance by order of the guilty plea of one of two co-accused for the offences stated in the indictment – Examination of the guilt of the second co-accused who pleaded not guilty – Conviction by the same court which accepted the guilty plea
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Order of the Court (Seventh Chamber) of 28 May 2020 ECLI:EU:C:2020:411 |
Case C-33/19 Commission v Bulgaria (Railway investigation body)
Failure of a Member State to fulfil obligations – Safety on the Community’s railways – Directive 2004/49/EC – Article 21(1) and (2) – Lack of adoption of the necessary provisions to ensure the organisational independence of the investigative body and its independent access to sufficient resources
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Judgment of the Court (Tenth Chamber) of 28 May 2020 ECLI:EU:C:2020:405 |
Case C-153/19 FZ v DER Touristik
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Article 12 – Package tour – Long delay of a flight – Passenger compensation – Further compensation — Passenger’s right to a reduction of the price of the trip
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Order of the Court (Eighth Chamber) of 28 May 2020 ECLI:EU:C:2020:412 |
Case C-757/19 ES v Wallonische Region (Registration of a vehicle of a non-resident company)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Article 49 TFEU – Freedom of establishment – Road traffic – Registration of motor vehicles – Driver resident in one Member State – Vehicle registered in another Member State – Vehicle made available to the managing partner of a commercial company established in that other Member State – Obligation permanently to have on board the vehicle evidence of the lawful use of that vehicle – Proportionality
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Order of the Court (Sixth Chamber) of 28 May 2020 ECLI:EU:C:2020:410 |
Case C-803/19 TN v WWK Lebensversicherung auf Gegenseitigkeit and VP
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Direct life assurance – Directives 2002/83/EC and 2009/138/EC – Right of renunciation – Recovery of sums paid to the insurance company by way of a tax on insurance premiums – Procedures
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Order of the Court (Eighth Chamber) of 28 May 2020 ECLI:EU:C:2020:413 |
Case C-17/20 MC v U.T.G. - Prefettura di Foggia
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Manifest inadmissibility – General principles of EU law – Right to good administration – Right of defence – Right to be heard – Measure adopted by the prefecture aimed at prohibiting an activity on account of alleged mafia infiltration – Legislation not providing for an adversarial administrative procedure
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Order of the Court (Ninth Chamber) of 28 May 2020 ECLI:EU:C:2020:409 |
Case C-61/20 P Billa v EUIPO
Appeal – EU trade mark – Whether appeals may be allowed to proceed – Article 170b of the Rules of Procedure of the Court – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 28 May 2020 ECLI:EU:C:2020:408 |
Case C-74/20 P Hästens Sängar v EUIPO
Appeal – EU trade mark – Whether appeals may be allowed to proceed – Article 170b of the Rules of Procedure of the Court – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may succeed) of 28 May 2020 ECLI:EU:C:2020:407 |
Case C-101/20 P Currency One v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may succeed) of 28 May 2020 ECLI:EU:C:2020:406 |
June 2020
Case C-301/18 Leonhard v DSL-Bank
Reference for a preliminary ruling — Consumer protection — Directive 2002/65/EC — Distance loan agreement — Right of withdrawal — Consequences — Article 7(4) — Return of the services received — Payment of compensation for benefit of use — Supplier’s obligation — Precluded
Request for a preliminary ruling from the Landgericht Bonn
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 4 June 2020
ECLI:EU:C:2020:427 |
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Case C-456/18 P Hungary v Commission
Appeal — State aid — Alleged aid — Decision to initiate the procedure provided for in Article 108(2) TFEU — Suspension injunction in respect of the measures at issue — Conditions governing the legality of the injunction
Language of the case: Hungarian
| Summary |
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Judgment of the Court (First Chamber) of 4 June 2020
ECLI:EU:C:2020:421 |
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Case C-588/18 Fetico and Others v Grupo de Empresas DIA and Twins Alimentación
Reference for a preliminary ruling — Social policy — Protection of the safety and health of workers — Organisation of working time — Directive 2003/88/EC — Articles 5 and 7 — Weekly rest — Annual leave — Paid special leave permitting time off from work to meet specific needs and obligations
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 12 December 2019
ECLI:EU:C:2019:1083 |
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Judgment of the Court (Grand Chamber) of 4 June 2020
ECLI:EU:C:2020:420 |
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Case C-828/18 Trendsetteuse v DCA
Reference for a preliminary ruling – Self-employed commercial agents – Directive 86/653/EEC – Article 1(2) – Concept of ‘self-employed commercial agent’ – Negotiation of the sale or purchase of goods on behalf of the principal – Intermediary lacking the power to amend the conditions of sale and to change the prices of the goods he sells
Request for a preliminary ruling from the Tribunal de commerce de Paris
Language of the case: French
| Summary |
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Judgment of the Court (Ninth Chamber) of 4 June 2020
ECLI:EU:C:2020:438 |
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Case C-3/19 Asmel v ANAC
Reference for a preliminary ruling – Public procurement – Directive 2004/18/EC – Central purchasing bodies – Small municipalities – Restriction to only two organisational models for central purchasing bodies – Prohibition on using a central purchasing body governed by private law and involving the participation of private entities – Territorial restrictions on the activities of central purchasing bodies
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 2 April 2020
ECLI:EU:C:2020:254 |
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Judgment of the Court (Second Chamber) of 4 June 2020
ECLI:EU:C:2020:423 |
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Case C-41/19 FX v GZ (Opposing enforcement of a maintenance claim)
Reference for a preliminary ruling — Jurisdiction, recognition and enforcement of decisions in matters relating to maintenance obligations — Regulation (EC) No 4/2009 — Article 41(1) — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 24(5) — Maintenance order declared enforceable — Application opposing enforcement — Jurisdiction of the court of the Member State of enforcement
Request for a preliminary ruling from the Amtsgericht Köln
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 27 February 2020
ECLI:EU:C:2020:132 |
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Judgment of the Court (Third Chamber) of 4 June 2020
ECLI:EU:C:2020:425 |
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Case C-187/19 P EEAS v De Loecker
Appeal – Civil service – European External Action Service (EEAS) – Member of the temporary staff – Psychological harassment – Request for assistance – Rejection of the request – Action for annulment and damages – Article 41 of the Charter of Fundamental Rights of the European Union – Right to be heard – Article 266 TFEU – Compliance with the annulling judgment
Language of the case: French
| Summary |
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Judgment of the Court (Seventh Chamber) of 4 June 2020
ECLI:EU:C:2020:444 |
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Case C-429/19 Remondis v Abfallzweckverband
Reference for a preliminary ruling — Public procurement — Directive 2014/24/EU — Article 12(4) — Scope — Public contracts between entities within the public sector — Concept of ‘cooperation’ — Absence
Request for a preliminary ruling from the Oberlandesgericht Koblenz
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber) of 4 June 2020
ECLI:EU:C:2020:436 |
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Case C-430/19 C.F. v A.J.F.P.M. and D.G.R.F.P.C (Tax inspection)
Reference for a preliminary ruling — Principles of EU law — Observance of the rights of the defence — Tax procedure — Exercise of the right to deduct with regard to value added tax (VAT) — Refusal of the right to deduct on account of the allegedly improper conduct of the taxable person’s suppliers — Administrative act issued by the national tax authorities without giving the taxpayer access to the information and the documents on which the act was based — Suspicion of tax evasion — National practice pursuant to which exercise of the right to deduct is subject to the possession of supporting documents other than the tax invoice — Whether permissible
Request for a preliminary ruling from the Tribunalul Cluj
Language of the case: Romanian
| Summary |
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Judgment of the Court (Sixth Chamber) of 4 June 2020
ECLI:EU:C:2020:429 |
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Case C-495/19 Kancelaria Medius v RN
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC– Article 7(1) — Consumer credit — Review of whether the contractual terms are unfair — Failure of the consumer to appear at the hearing — Scope of the court’s powers and obligations
Request for a preliminary ruling from the Sąd Okręgowy w Poznaniu
Language of the case: Polish
| Summary |
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Judgment of the Court (Sixth Chamber) of 4 June 2020
ECLI:EU:C:2020:431 |
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Joined Cases C-262/18 P and C-271/18 P Commission and Slovak Republic v Dôvera zdravotná poistʼovňa
Appeal — State aid — Article 107(1) TFEU — Social security system — Health insurance bodies — Concepts of ‘undertaking’ and ‘economic activity’ — Social objective — Principle of solidarity — State supervision — Overall assessment — Possibility of seeking profits — Residual competition on quality and on health insurance services offered
Language of the case: English
| Summary |
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Opinion of Advocate General Pikamäe delivered on 19 December 2019
ECLI:EU:C:2019:1144 |
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Judgment of the Court (Grand Chamber) of 11 June 2020
ECLI:EU:C:2020:450 |
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Case C-581/18 RB v TÜV Rheinland LGA Products and Allianz IARD
Reference for a preliminary ruling — EU law — General principles — Article 18 TFEU — Prohibition of discrimination on grounds of nationality — Applicability of EU law — Defective breast implants — Insurance against civil liability arising from the production of medical devices — Insurance contract prescribing a geographical limitation on insurance coverage
Request for a preliminary ruling from the Oberlandesgericht Frankfurt am Main
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 6 February 2020
ECLI:EU:C:2020:77 |
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Judgment of the Court (Grand Chamber) of 11 June 2020
ECLI:EU:C:2020:453 |
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Case C-634/18 Criminal proceedings against JI
Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2004/757/JHA — Minimum provisions on the constituent elements of criminal acts and penalties involving illicit drug trafficking — Article 2(1)(c) — Article 4(2)(a) — Concept of ‘large quantities of drugs’ — Charter of Fundamental Rights of the European Union — Equal treatment — Articles 20 and 21 — Principle of legality of criminal offences and penalties — Article 49
Request for a preliminary ruling from the Sąd Rejonowy w Słupsku
Language of the case: Polish
| Summary |
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Opinion of Advocate General Sharpston delivered on 22 January 2020
ECLI:EU:C:2020:29 |
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Judgment of the Court (First Chamber) of 11 June 2020
ECLI:EU:C:2020:455 |
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Case C-786/18 ratiopharm v Novartis Consumer Health
Reference for a preliminary ruling – Protection of public health – Internal market – Medicinal products for human use – Directive 2001/83/EC – Advertising – Article 96 – Distribution of free samples of medicinal products to persons qualified to prescribe them – Pharmacists excluded from the distribution of free samples of medicinal products – Inapplicability to distribution of free samples of non-prescription medicinal products – Consequences for the Member States
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 30 January 2020
ECLI:EU:C:2020:57 |
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Judgment of the Court (Third Chamber) of 11 June 2020
ECLI:EU:C:2020:459 |
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Case C-833/18 SI and Brompton Bicycle v Chedech / Get2Get
Reference for a preliminary ruling — Intellectual and industrial property — Copyright and related rights — Directive 2001/29/EC — Articles 2 to 5 — Scope — Utilitarian object — Concept of ‘work’ — Copyright protection of works — Conditions — Shape of a product which is necessary to obtain a technical result — Folding bicycle
Request for a preliminary ruling from the tribunal de l'entreprise de Liège
Language of the case: French
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 6 February 2020
ECLI:EU:C:2020:79 |
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Judgment of the Court (Fifth Chamber) of 11 June 2020
ECLI:EU:C:2020:461 |
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Case C-19/19 Belgian State v Pantochim
Reference for a preliminary ruling — Mutual assistance for the recovery of claims — Directive 76/308/EEC — Article 6(2) and Article 10 — Directive 2008/55/EC — Second paragraph of Article 6 and Article 10 — Tax claim of requesting Member State recovered by requested Member State — Status of that claim — Concept of ‘privilege’ — Statutory set-off of that claim against tax debt of requested Member State
Request for a preliminary ruling from the Cour de cassation (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Hogan delivered on 14 January 2020
ECLI:EU:C:2020:2 |
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Judgment of the Court (First Chamber) of 11 June 2020
ECLI:EU:C:2020:456 |
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Case C-43/19 Vodafone Portugal v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(c) — Scope — Taxable transactions — Services supplied for consideration — Monies paid where customers fail to comply with the contractual tie-in period — Characterisation
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa)
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Ninth Chamber) of 11 June 2020
ECLI:EU:C:2020:465 |
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Case C-74/19 LE v Transportes Aéreos Portugueses
Reference for a preliminary ruling — Air transport — Regulation (EC) No 261/2004 — Article 5(3) — Article 7(1) — Compensation to passengers in the event of denied boarding and of cancellation or long delay of flights — Exemption — Concept of ‘extraordinary circumstances’ — Unruly passengers — Possibility of relying on the occurrence of an extraordinary circumstance in respect of a flight not affected by that circumstance– Concept of ‘reasonable measures’
Request for a preliminary ruling from the Tribunal Judicial da Comarca de Lisboa - Juízo Local Cível de Lisboa – Juiz 18
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Pikamäe delivered on 27 February 2020
ECLI:EU:C:2020:135 |
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Judgment of the Court (Fourth Chamber) of 11 June 2020
ECLI:EU:C:2020:460 |
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Case C-88/19 Alianța pentru combaterea abuzurilor v TM and Others
Reference for a preliminary ruling – Conservation of natural habitats and of wild fauna and flora – Directive 92/43/EEC – Article 12(1) – System of strict protection for animal species – Annex IV – Canis lupus (wolf) – Article 16(1) – Natural range – Capture and transport of a specimen of a wild animal of the canis lupus species – Public safety
Request for a preliminary ruling from the Judecătoria Zărnești
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Kokott delivered on 13 February 2020
ECLI:EU:C:2020:93 |
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Judgment of the Court (Second Chamber) of 11 June 2020
ECLI:EU:C:2020:458 |
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Case C-114/19 P Commission v Di Bernardo
Appeal — Civil service — Open competition — Non-admission to tests — Possible for the administration to supplement before the Court the statement of reasons for the decision not to admit — Conditions — Exceptional cases — Concept of ‘absence of a statement of reasons’
Language of the case: French
| Summary |
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Opinion of Advocate General Pikamäe delivered on 22 January 2020
ECLI:EU:C:2020:22 |
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Judgment of the Court (First Chamber) of 11 June 2020
ECLI:EU:C:2020:457 |
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Case C-115/19 P China Construction Bank v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Opposition — Article 8(1)(b) — Likelihood of confusion — Assessment of the similarity of the signs at issue — Assessment of the distinctive character of the earlier mark
Language of the case: English
| Summary |
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Judgment of the Court (Tenth Chamber) of 11 June 2020
ECLI:EU:C:2020:469 |
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Case C-146/19 SCT v Slovenia
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Articles 90 and 273 — Taxable amount — Reduction — Refusal — Non-payment — Taxable person who did not lodge a claim in insolvency proceedings commenced against the debtor — Principles of fiscal neutrality and proportionality — Direct effect
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
| Summary |
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Judgment of the Court (Seventh Chamber) of 11 June 2020
ECLI:EU:C:2020:464 |
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Case C-206/19 KOB v Madonas novada pašvaldības Administratīvo aktu strīdu komisija
Reference for a preliminary ruling — Articles 49 and 63 TFEU — Freedom of establishment and the free movement of capital — Directive 2006/123/EC — Acquisition of agricultural land in Latvia for the purpose of use — System of prior authorisation for legal persons — Specific conditions applying only to legal persons controlled or represented by nationals of another Member State — Requirements for residence and knowledge of the official language of the Republic of Latvia — Direct discrimination on grounds of nationality
Request for a preliminary ruling from the Administratīvā rajona tiesa
Language of the case: Latvian
| Summary |
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Judgment of the Court (Sixth Chamber) of 11 June 2020
ECLI:EU:C:2020:463 |
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Case C-219/19 Parsec Fondazione v Ministero delle Infrastrutture e dei Trasporti and ANAC
Reference for a preliminary ruling — Public works contracts, public supply contracts and public service contracts — Directive 2014/24/EU — Procurement procedure for the award of a service contract — Architectural and engineering services — Article 19(1) and Article 80(2) — National legislation limiting participation solely to economic operators in certain legal forms
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
| Summary |
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Judgment of the Court (Tenth Chamber) of 11 June 2020
ECLI:EU:C:2020:470 |
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Case C-242/19 CHEP Equipment Pooling v ANAF - DGRFP Bucureşti - Serviciul Soluţionare Contestaţii and ANAF - DGRFP Bucureşti - Administraţia Fiscală pentru Contribuabili Nerezidenţi
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 17(2)(g) – Transfer of movable property within the European Union with a view to the supply of services – Articles 170 and 171 – Right to VAT refund of taxable persons not established in the Member State of refund – Directive 2008/9/EC – Concept of ‘taxable person not established in the Member State of refund’ – Taxable person not identified for VAT purposes in the Member State of refund
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
| Summary |
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Judgment of the Court (Ninth Chamber) of 11 June 2020
ECLI:EU:C:2020:466 |
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Case C-378/19 Proceedings brought by Prezident Slovenskej republiky
Reference for a preliminary ruling – Internal market for electricity – Directive 2009/72/EC – Article 35(4) and (5) – Independence of the regulatory authorities – National legislation transferring the power to appoint the chairperson of the national regulatory authority from the Head of State to the government – Participation of national ministries in the tariff regulation procedures
Request for a preliminary ruling from the Ústavný súd Slovenskej republiky
Language of the case: Slovak
| Summary |
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Judgment of the Court (Fifth Chamber) of 11 June 2020
ECLI:EU:C:2020:462 |
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Case C-448/19 WT v Subdelegación del Gobierno en Guadalajara
Reference for a preliminary ruling — Status of third-country nationals who are long-term residents — Directive 2003/109/EC — Article 12 — Adoption of a decision to expel a long-term resident — Elements to be taken into consideration — National case-law — Failure to take those elements into consideration — Compatibility — Directive 2001/40/EC — Mutual recognition of decisions on the expulsion of third-country nationals — Relevance
Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha
Language of the case: Spanish
| Summary |
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Judgment of the Court (Ninth Chamber) of 11 June 2020
ECLI:EU:C:2020:467 |
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Case C-472/19 Vert Marine v Premier ministre and Ministre de l'Économie et des Finances
Reference for a preliminary ruling — Concession contract award procedure — Directive 2014/23/EU — Article 38(9) — System of compliance measures to demonstrate the reliability of an economic operator affected by a ground for exclusion — National legislation prohibiting economic operators which are the subject of a ground for compulsory exclusion from participating, for a period of 5 years, in a concession contract award procedure — Impossible for such operators to demonstrate that compliance measures have been taken
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Judgment of the Court (Ninth Chamber) of 11 June 2020
ECLI:EU:C:2020:468 |
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Case C-78/18 Commission v Hungary (Transparency of association)
Failure of a Member State to fulfil obligations — Admissibility — Article 63 TFEU — Free movement of capital — Existence of a restriction — Burden of proof — Indirect discrimination linked to the origin of the capital — Article 12 of the Charter of Fundamental Rights of the European Union — Right to freedom of association — National rules imposing on associations receiving financial support sent from other Member States or from third countries legally binding obligations of registration, declaration and publication which can be enforced — Article 7 of the Charter of Fundamental Rights — Right to respect for private life — Article 8(1) of the Charter of Fundamental Rights — Right to the protection of personal data — National rules imposing the disclosure of information on persons providing financial support to associations and of the amount of that support — Justification — Overriding reason in the public interest — Transparency of the financing of associations — Article 65 TFEU — Public policy — Public security — Fight against money laundering, financing of terrorism and organised crime — Article 52(1) of the Charter of Fundamental Rights
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 14 January 2020
ECLI:EU:C:2020:1 |
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Judgment of the Court (Grand Chamber) of 18 June 2020
ECLI:EU:C:2020:476 |
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Case C-276/18 KrakVet Marek Batko v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 33 — Determination of the place where taxable transactions are carried out — Supply of goods with transport — Supply of goods dispatched or transported by or on behalf of the supplier — Regulation (EU) No 904/2010 — Articles 7, 13 and 28 to 30 — Cooperation between the Member States — Exchange of information
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Sharpston delivered on 6 February 2020
ECLI:EU:C:2020:81 |
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Judgment of the Court (Fifth Chamber) of 18 June 2020
ECLI:EU:C:2020:485 |
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Case C-639/18 KH v Sparkasse Südholstein
Reference for a preliminary ruling — Consumer protection — Distance marketing of financial services — Directive 2002/65/EC — Article 1 — Scope — Contracts concerning financial services consisting of an initial agreement followed by successive operations — Application of Directive 2002/65/EC to the first agreement alone — Article 2(a) — Concept of ‘contract concerning financial services’ — Amendment to a loan agreement altering the interest rate initially set
Request for a preliminary ruling from the Landgericht Kiel
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 12 March 2020
ECLI:EU:C:2020:206 |
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Judgment of the Court (First Chamber) of 18 June 2020
ECLI:EU:C:2020:477 |
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Case C-702/18 P Primart v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Application for EU figurative mark PRIMART Marek Łukasiewicz — Earlier national trade mark PRIMA — Article 8(1)(b) — Relative ground for refusal — Likelihood of confusion — Article 76(1) — Scope of review by the General Court of the European Union
Language of the case: English
| Summary |
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Opinion of Advocate General Bobek delivered on 28 November 2019
ECLI:EU:C:2019:1030 |
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Judgment of the Court (Seventh Chamber) of 18 June 2020
ECLI:EU:C:2020:489 |
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Case C-754/18 Ryanair Designated Activity Company v Országos Rendőr-főkapitányság
Reference for a preliminary ruling — Citizenship of the European Union — Directive 2004/38/CE — Articles 5, 10 and 20 — Right of entry to a Member State of a third-country national who is a member of the family of an EU citizen — Evidence of holding such a right — Possession of a residence card of a family member of a Union citizen — Possession of a permanent residence card
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Szpunar delivered on 27 February 2020
ECLI:EU:C:2020:131 |
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Judgment of the Court (Third Chamber) of 18 June 2020
ECLI:EU:C:2020:478 |
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Case C-831/18 P Commission v RQ
Appeal – Civil service – Officials – Director-General of the European Anti-Fraud Office (OLAF) – Immunity from legal proceedings – Decision waiving immunity – Act adversely affecting a person – Rights of the defence
Language of the case: French
| Summary |
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Opinion of Advocate General Sharpston delivered on 19 December 2019
ECLI:EU:C:2019:1143 |
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Judgment of the Court (Fourth Chamber) of 18 June 2020
ECLI:EU:C:2020:481 |
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Case C-328/19 Proceedings brought by Porin kaupunki
Reference for a preliminary ruling – Public procurement – Directive 2004/18/EC – Article 1(2)(a) – Public procurement in the field of transport services – Cooperation agreement between municipalities regarding the organisation and provision of social and healthcare services based on the model of the ‘responsible municipality’ under Finnish law – Transfer of responsibility for the organisation of services to one of the municipalities in the area covered by the cooperation concerned – ‘In-house’ contract – Award of services to a company wholly owned by the responsible municipality without a call for competition
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Judgment of the Court (Fourth Chamber) of 18 June 2020
ECLI:EU:C:2020:483 |
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Case C-340/19 Valsts ieņēmumu dienests v Hydro Energo
Reference for a preliminary ruling — Common Customs Tariff — Combined Nomenclature — Tariff classification — Tariff heading 7407 — Copper bars, rods and profiles — Hot-rolled copper or copper alloy ingots in a rectangular shape
Request for a preliminary ruling from the Augstākā tiesa
Language of the case: Latvian
| Summary |
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Judgment of the Court (Sixth Chamber) of 18 June 2020
ECLI:EU:C:2020:488 |
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Case C-92/18 France v Parliament (Exercise of budgetary powers II)
Action for annulment — Law of the institutions — Protocol on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union — European Parliament — Concept of ‘budgetary session’ held in Strasbourg (France) — Article 314 TFEU — Exercise of budgetary powers during an additional plenary part-session held in Brussels (Belgium)
Language of the case: French
| Summary |
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Judgment of the Court (Second Chamber) of 25 June 2020
ECLI:EU:C:2020:506 |
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Case C-570/18 P HF v Parliament
Appeal — Civil service — European Parliament — Member of contract staff — Articles 12a and 24 of the Staff Regulations of Officials of the European Union — Psychological harassment — Request for assistance — Right to be heard — Rejection of a request for assistance — Article 41 of the Charter of Fundamental Rights of the European Union — Scope of judicial review
Language of the case: French
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 29 January 2020
ECLI:EU:C:2020:44 |
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Judgment of the Court (Second Chamber) of 25 June 2020
ECLI:EU:C:2020:490 |
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Case C-730/18 P SC v Eulex Kosovo
Appeal — Arbitration clause — Staff of EU international missions — Internal competition — Non-renewal of a contract of employment — Measure separable from the contract
Language of the case: English
| Summary |
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Opinion of Advocate General Tanchev delivered on 5 March 2020
ECLI:EU:C:2020:176 |
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Judgment of the Court (First Chamber) of 25 June 2020
ECLI:EU:C:2020:505 |
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Joined Cases C-762/18 and C-37/19 QH v Varhoven kasatsionen sad na Republika Bulgaria and CV v Iccrea Banca
References for a preliminary ruling – Social policy – Protection of the safety and health of workers – Directive 2003/88/EC – Article 7 – Worker unlawfully dismissed then reinstated in his or her employment by decision of a court – Exclusion of any right to paid annual leave not taken for the period between the dismissal and the reinstatement – No right to financial compensation in lieu of annual leave not taken for that period where the employment relationship subsequently ceases
Requests for a preliminary ruling from the Rayonen sad Haskovo and Corte suprema di cassazione
Languages of the case: Bulgarian and Italian
| Summary |
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Opinion of Advocate General Hogan delivered on 29 January 2020
ECLI:EU:C:2020:49 |
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Judgment of the Court (First Chamber) of 25 June 2020
ECLI:EU:C:2020:504 |
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Case C-14/19 P CSUE v KF
Appeal — Staff of the European Union Satellite Centre (SatCen) — Member of SatCen’s contract staff — Complaints of psychological harassment — Administrative investigation — Request for assistance — Suspension of the staff member — Disciplinary proceedings — Removal of the staff member — SatCen’s Appeals Board — Conferral of exclusive jurisdiction in relation to SatCen staff disputes — Action for annulment — First and fifth paragraphs of Article 263 TFEU — Actions for damages — Article 268 TFEU — Jurisdiction of the EU judicature — Admissibility — Acts open to challenge — Contractual nature of the dispute — Articles 272 and 274 TFEU — Effective judicial protection — Final sentence of the second subparagraph of Article 24(1) TEU — First paragraph of Article 275 TFEU — Principle of equal treatment — General Court’s obligation to state reasons — Distortion of the facts and evidence — Rights of the defence — Principle of sound administration
Language of the case: English
| Summary |
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Opinion of Advocate General Bobek delivered on 19 March 2020
ECLI:EU:C:2020:220 |
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Judgment of the Court (Second Chamber) of 25 June 2020
ECLI:EU:C:2020:492 |
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Case C-24/19 A and Others v Gewestelijke stedenbouwkundige ambtenaar van het departement Ruimte Vlaanderen, afdeling Oost-Vlaanderen (Wind turbines at Aalter and Nevele)
Reference for a preliminary ruling — Directive 2001/42/EC — Environmental impact assessment — Development consent for the installation of wind turbines — Article 2(a) — Concept of ‘plans and programmes’ — Conditions for granting consent laid down by an order and a circular — Article 3(2)(a) — National instruments setting the framework for future development consent of projects — Absence of environmental assessment — Maintenance of the effects of national instruments, and consents granted on the basis of those instruments, after those instruments have been declared not to comply with EU law — Conditions
Request for a preliminary ruling from the Raad voor Vergunningsbetwistingen
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 3 March 2020
ECLI:EU:C:2020:143 |
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Judgment of the Court (Grand Chamber) of 25 June 2020
ECLI:EU:C:2020:503 |
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Case C-380/19 Bundesverband der Verbraucherzentralen und Verbraucherverbände v Deutsche Apotheker- und Ärztebank
Reference for a preliminary ruling — Consumer protection — Directive 2013/11/EU — Alternative dispute resolution — Article 13(1) and (2) — Mandatory information — Accessibility of information
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 25 June 2020
ECLI:EU:C:2020:498 |
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Case C-36/20 PPU Ministerio Fiscal v VL (Authority likely to receive an application for international protection)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Asylum and immigration policy – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 6 – Access to the procedure – Application for international protection made to an authority competent under national law to register such applications – Application made to other authorities that are likely to receive such applications but are not, under national law, competent to register them – Definition of ‘other authorities’ – Article 26 – Detention – Standards for the reception of applicants for international protection – Directive 2013/33/EU – Article 8 – Detention of the applicant – Grounds for detention – Decision to hold an applicant in detention on account of a lack of capacity at humanitarian reception centres
Request for a preliminary ruling from the Juzgado de Instrucción de San Bartolomé de Tirajana
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Szpunar delivered on 30 April 2020
ECLI:EU:C:2020:331 |
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Judgment of the Court (Fourth Chamber) of 25 June 2020
ECLI:EU:C:2020:495 |
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Information (on unpublished decisions)
Case C-118/18 P-REV III Hochmann Marketing v EUIPO
Application for revision – Article 159 of the Rules of Procedure of the Court – Application relating to an order made pursuant to Article 181 of the Rules of Procedure – Conditions – No unknown earlier facts – Inadmissibility
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Order of the Court (Eighth Chamber) of 4 June 2020 ECLI:EU:C:2020:440 |
Case C-812/18 P Terna v Commission
Appeal – Energy – Projects of common interest to the EU – EU financial assistance granted to two projects in the field of trans-European energy networks – Directive 2004/17/EC – Article 37 – Subcontracting – Article 40(3)(c) – Direct award – Technical specificity – Framework agreement – Reduction of the assistance originally granted following a financial audit – Reimbursement of amounts originally paid
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Judgment of the Court (Tenth Chamber) of 4 June 2020 ECLI:EU:C:2020:437 |
Case C-310/19 P Schokker v EASA
Appeal – Civil service – Contract staff – Recruitment procedure – Classification in grade – Conditions of Employment of Other Servants – Article 86 – European Union Aviation Safety Agency (EASA) – General implementing provisions – Challenge of the proposed classification – Withdrawal of the offer of employment – Action for compensation – Principle of sound administration – Duty to have regard for the welfare of staff – Breach of administrative duty – Non-contractual liability of the European Union – Non-material damage – Compensation
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Judgment of the Court (Ninth Chamber) of 4 June 2020 ECLI:EU:C:2020:435 |
Case C-554/19 Criminal proceedings against FU
Reference for a preliminary ruling – Area of freedom, security and justice – Regulation (EU) 2016/399 – Schengen borders code – Articles 22 and 23 – Abolition of internal border controls in the Schengen area – Checks within the territory of a Member State – Measures having an effect equivalent to border checks – Identity checks in the vicinity of an internal border of the Schengen area – Possibilities of checks irrespective of the behaviour of the person concerned or of the existence of specific circumstances – National framework concerning the intensity, frequency and selectivity of the checks
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Order of the Court (Tenth Chamber) of 4 June 2020 ECLI:EU:C:2020:439 |
Case C-32/20 TJ v Balga
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 30 of the Charter of Fundamental Rights of the European Union – Protection in the event of unjustified dismissal – Articles 20, 21, 34 and 47 of the Charter of Fundamental Rights of the European Union – Directive 98/59/EC – Collective dismissal – National legislation on the protection to be granted to a worker who is the victim of unjustified collective dismissal due to infringement of the criteria for the choice of workers to be dismissed – No situation of implementation of EU law, within the meaning of Article 51(1) of the Charter of Fundamental Rights of the European Union – Inapplicability of the Charter of Fundamental Rights – Manifest lack of jurisdiction
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Order of the Court (Seventh Chamber) of 4 June 2020 ECLI:EU:C:2020:441 |
Case C-72/20 P Refan Bulgaria v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 4 June 2020 ECLI:EU:C:2020:443 |
Case C-97/20 P Société des produits Nestlé v Amigüitos pets & life and EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 4 June 2020 ECLI:EU:C:2020:442 |
Case C-183/17 P-INT International Management Group v Commission
Application for interpretation – Manifest inadmissibility
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Order of the Court (Third Chamber) of 9 June 2020 ECLI:EU:C:2020:507 |
Case C-693/17 P-DEP Ferrero v BMB
Taxation of costs
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Order of the Court (Tenth Chamber) of 11 June 2020 ECLI:EU:C:2020:449 |
Case C-575/19 P GMPO v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Service of the judgment under appeal by means of e-Curia – Appeal lodged out of time – Extension of the time limit – Precluded – Appeal manifestly inadmissible
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Order of the Court (Ninth Chamber) of 11 June 2020 ECLI:EU:C:2020:448 |
Case C-634/19 P CJ v Court of Justice of the European Union
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for failure to act – Article 265 TFEU – Law governing the institutions – Documents available to the public on the internet relating to closed General Court of the European Union and European Union Civil Service Tribunal cases – Request for anonymity ex post – Failure by the Court of Justice of the European Union to reply before the action was brought at first instance – Position adopted in the course of the proceedings – Action which has become devoid of purpose – No need to adjudicate – Appeal manifestly unfounded
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Order of the Court (Seventh Chamber) of 16 June 2020 ECLI:EU:C:2020:474 |
Case C-142/19 P Dovgan v EUIPO
Appeal – EU trade mark – Invalidity proceedings – Application for a declaration of invalidity of EU word mark PLOMBIR – Rejection of the application for a declaration of invalidity – Obligation to state reasons – Distortion of facts and evidence
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Judgment of the Court (Sixth Chamber) of 18 June 2020 ECLI:EU:C:2020:487 |
Case C-729/18 P VTB Bank v Council
Appeal – Restrictive measures adopted in view of the Russian Federation’s actions destabilising the situation in Ukraine – Inclusion of the appellant’s name on the list of entities to which restrictive measures apply – Principle of proportionality – Right to property – Right to carry on an economic activity
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Judgment of the Court (Seventh Chamber) of 25 June 2020 ECLI:EU:C:2020:499 |
Case C-731/18 P Vnesheconombank v Council
Appeal – Restrictive measures adopted in view of the Russian Federation’s actions destabilising the situation in Ukraine – Appellant’s name included and retained in the list of entities to which the restrictive measures apply – Obligation to state reasons – Manifest error of assessment – Right to effective judicial protection – Misuse of power – Right to property – Equal treatment
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Judgment of the Court (Seventh Chamber) of 25 June 2020 ECLI:EU:C:2020:500 |
Case C-116/19 P Schneider v EUIPO
Appeal – Civil service – Temporary staff – Internal reorganisation of the services of the European Union Intellectual Property Office (EUIPO) – Reassignment – Legal basis – Article 7 of the Staff Regulations of Officials of the European Union – Interests of the service – Substantial changes in tasks – Qualification – Transfer – Change – Misuse of power – Right to be heard – Obligation to state reasons – Right to a fair hearing – Right to effective judicial protection – Article 47 of the Charter of Fundamental Rights of the European Union
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Judgment of the Court (Eighth Chamber) of 25 June 2020 ECLI:EU:C:2020:501 |
Case C-131/19 P Commission v CX
Appeal – Civil service – Disciplinary proceedings – Rights of defence – Right to be heard – Annex IX of the Staff Regulations of Officials of the European Union – Article 4 – Opportunity for the official who cannot be heard to comment in writing or to be represented – Article 22 – Hearing of the official by the Appointing Authority prior to the adoption of the disciplinary penalty – Alleged inability of the official to be heard and to make written submissions or to be represented – Assessment of the medical evidence – Failure of the General Court of the European Union to reply to arguments raised at first instance
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Judgment of the Court (Eighth Chamber) of 25 June 2020 ECLI:EU:C:2020:502 |
Case C-618/19 Ge.Fi.L. v Regione Campania
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Public contracts – Directive 2014/24/EU – Article 12(4) – Awarding of contract to a non-economic public institution without being put out to competition – Public service contract relating to the management of the tax on vehicles – Exclusion of contracts covered by cooperation between public bodies – Conditions
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Order of the Court (Ninth Chamber) of 30 June 2020 ECLI:EU:C:2020:508 |
Case C-723/19 Airbnb Ireland and Airbnb Payments UK v Agenzia delle Entrate
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Letting of immovable property for periods of less than thirty days – Online property rental platform – Manifest inadmissibility
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Order of the Court (Ninth Chamber) of 30 June 2020 ECLI:EU:C:2020:509 |
July 2020
Case C-835/18 Terracult v Direcţia Generală Regională a Finanţelor Publice Timişoara –Administraţia Judeţeană a Finanţelor Publice Arad – Serviciul Inspecţie Fiscală Persoane Juridice 5 and ANAF Direcţia Generală Regională a Finanţelor Publice Timişoara Serviciul de Soluţionare a Contestaţiilor
Reference for a preliminary ruling — Taxation — Common system of value added tax (VAT) — Directive 2006/112/EC — Invoice correction — Tax invoiced incorrectly — Refund of tax paid but not due — Reverse charge mechanism for VAT — Transactions relating to a tax period that has already been the subject of a tax inspection — Fiscal neutrality — Principle of effectiveness — Proportionality
Request for a preliminary ruling from the Curtea de Apel Timişoara
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Bobek delivered on 26 March 2020
ECLI:EU:C:2020:233 |
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Judgment of the Court (Fifth Chamber) of 2 July 2020
ECLI:EU:C:2020:520 |
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Case C-18/19 WM v Stadt Frankfurt am Main
Reference for a preliminary ruling — Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures in Member States for returning illegally staying third-country nationals — Conditions of detention — Article 16(1) — Detention in prison accommodation for the purpose of removal — Third-country national who poses a serious threat to public policy or public security
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Pikamäe delivered on 27 February 2020
ECLI:EU:C:2020:130 |
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Judgment of the Court (First Chamber) of 2 July 2020
ECLI:EU:C:2020:511 |
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Case C-215/19 Proceedings brought by Veronsaajien oikeudenvalvontayksikkö (Colocation centre services)
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Supply of services – Article 135(1)(l) – Exemption from VAT – Letting of immovable property – Concept of ‘immovable property’ – Exclusion – Article 47 – Place of taxable transactions – Supply of services connected with immovable property – Implementing Regulation (EU) No 282/2011 – Articles 13b and 31a – IT equipment cabinets – Colocation centre services
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Judgment of the Court (Tenth Chamber) of 2 July 2020
ECLI:EU:C:2020:518 |
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Case C-231/19 Blackrock Investment Management (UK) v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Exemptions — Article 135(1)(g) — Exemption of transactions for the management of special investment funds — Single supply used for the management of special investment funds and for other funds
Request for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
| Summary |
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Opinion of Advocate General Pikamäe delivered on 11 March 2020
ECLI:EU:C:2020:196 |
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Judgment of the Court (First Chamber) of 2 July 2020
ECLI:EU:C:2020:513 |
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Case C-256/19 S.A.D. Maler und Anstreicher v Magistrat der Stadt Wien and Bauarbeiter Urlaubs- und Abfertigungskasse
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court – Second subparagraph of Article 19(1) TEU – Effective judicial protection in the areas covered by EU law – Principle of judicial independence – Article 47 of the Charter of Fundamental Rights of the European Union – Jurisdiction of the Court – Article 267 TFEU – Admissibility – National provisions relating to the allocation of cases in a court or tribunal – Remedy – Interpretation necessary to enable the referring court to give judgment – Manifest inadmissibility
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
| Summary |
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Order of the Court (Tenth Chamber) of 2 July 2020
ECLI:EU:C:2020:523 |
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Case C-477/19 IE v Magistrat der Stadt Wien (Grand hamster)
Reference for a preliminary ruling — Conservation of natural habitats and of wild fauna and flora — Directive 92/43/EEC — Article 12(1) — System of strict protection for animal species — Annex IV — Cricetus cricetus (European hamster) — Resting places and breeding sites — Deterioration or destruction — Areas which have been abandoned
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
| Summary |
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Judgment of the Court (Seventh Chamber) of 2 July 2020
ECLI:EU:C:2020:517 |
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Case C-684/19 mk advokaten v MBK Rechtsanwälte
Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 5(1) — Use in the course of trade of a sign that is identical with or similar to another person’s trade mark for goods or services that are identical with or similar to those for which that mark is registered — Scope of the term ‘using’ — Advertisement placed on a website by order of a person operating in the course of trade and subsequently reproduced on other websites
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Judgment of the Court (Tenth Chamber) of 2 July 2020
ECLI:EU:C:2020:519 |
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Case C-452/18 XZ v Ibercaja Banco
Reference for a preliminary ruling — Consumer Protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Mortgage loan agreement — Term limiting the variability of the interest rate (‘floor’ term) — Novation agreement — Waiver of the right to bring an action contesting the terms of a contract — Non-binding
Request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción no 3 de Teruel
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 30 January 2020
ECLI:EU:C:2020:61 |
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Judgment of the Court (Fourth Chamber) of 9 July 2020
ECLI:EU:C:2020:536 |
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Case C-575/18 P Czech Republic v Commission
Appeal — Own resources of the European Union — Financial liability of the Member States — Request to be released from the obligation to make own resources available — Action for annulment — Admissibility — Letter from the European Commission – Concept of ‘actionable measure’ — Article 47 of the Charter of Fundamental Rights of the European Union — Effective judicial protection — Action alleging unjust enrichment on the part of the European Union
Language of the case: Czech
| Summary |
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Opinion of Advocate General Sharpston delivered on 12 March 2020
ECLI:EU:C:2020:205 |
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Judgment of the Court (Grand Chamber) of 9 July 2020
ECLI:EU:C:2020:530 |
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Case C-673/18 Santen v Directeur général de l’Institut national de la propriété industrielle
Reference for a preliminary ruling — Medicinal product for human use — Supplementary protection certificate for medicinal products — Regulation (EC) No 469/2009 — Article 3(d) — Conditions for the grant of a certificate — Obtaining the first authorisation to place the product on the market as a medicinal product — Authorisation to place on the market a new therapeutic application of a known active ingredient
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 23 January 2020
ECLI:EU:C:2020:34 |
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Judgment of the Court (Grand Chamber) of 9 July 2020
ECLI:EU:C:2020:531 |
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Joined Cases C-698/18 and C-699/18 Raiffeisen Bank and BRD Groupe Societé Générale v JB and KC
Reference for a preliminary ruling — Directive 93/13/EEC — Personal loan agreement — Contract performed in full — Finding that contractual terms are unfair — Action for reimbursement of sums unduly paid on the basis of an unfair clause — Judicial arrangements — Ordinary legal action not subject to any limitation period — Ordinary legal action of a personal and pecuniary nature subject to a limitation period– Point from which the limitation period starts to run — Objective point in time at which the consumer knows of the existence of the unfair term
Requests for a preliminary ruling from the Tribunalul Specializat Mureş
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Szpunar delivered on 5 March 2020
ECLI:EU:C:2020:181 |
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Judgment of the Court (Fourth Chamber) of 9 July 2020
ECLI:EU:C:2020:537 |
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Case C-716/18 CT v AJFP Caraş-Severin and DGRFP Timişoara
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Point 4 of the first paragraph of Article 288 – Special scheme for small enterprises – Method of calculating annual turnover which serves as a reference for the application of the special scheme for small enterprises – Concept of ‘incidental real estate transaction’ – Letting of immovable property by a natural person who exercises several liberal professions
Request for a preliminary ruling from the Curtea de Apel Timişoara
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Kokott delivered on 6 February 2020
ECLI:EU:C:2020:82 |
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Judgment of the Court (Fifth Chamber) of 9 July 2020
ECLI:EU:C:2020:540 |
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Case C-76/19 Direktor na Teritorialna direktsiya Yugozapadna Agentsiya 'Mitnitsi' v Curtis Balkan
Reference for a preliminary ruling — Customs union — Community Customs Code — Article 32(1)(c) — Regulation (EEC) No 2454/93 — Article 157(2), Article 158(3), and Article 160 — Determining the customs value — Adjustment — Royalties relating to the goods being valued — Royalties constituting a ‘condition of sale’ of the goods being valued — Royalties paid by the buyer to its parent company for the supply of the know-how required for the manufacture of the finished products — Goods purchased from third parties, which constitute components to be incorporated in the licensed products
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Seventh Chamber) of 9 July 2020
ECLI:EU:C:2020:543 |
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Case C-81/19 NG and OH v Banca Transilvania
Reference for a preliminary ruling — Consumer protection — Directive 93/13/EEC — Unfair terms in consumer contracts — Scope — Article 1(2) — Definition of ‘mandatory statutory or regulatory provisions’ — Supplementary provisions — Loan agreement denominated in a foreign currency — Term relating to the foreign exchange risk
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Kokott delivered on 19 March 2020
ECLI:EU:C:2020:217 |
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Judgment of the Court (First Chamber) of 9 July 2020
ECLI:EU:C:2020:532 |
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Case C-86/19 SL v Vueling Airlines (Compensation in the event of loss of baggage)
Reference for a preliminary ruling — Air transport — Montreal Convention — Article 17(2) — Liability of air carriers in respect of checked baggage — Fact of loss of checked baggage established — Right to compensation — Article 22(2) — Limits of liability in the event of destruction, loss and delay of, or of damage to, baggage — Absence of information regarding the lost baggage — Burden of proof — Procedural autonomy of the Member States — Principles of equivalence and effectiveness
Request for a preliminary ruling from the Juzgado de lo Mercantil
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 11 March 2020
ECLI:EU:C:2020:195 |
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Judgment of the Court (Fourth Chamber) of 9 July 2020
ECLI:EU:C:2020:538 |
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Case C-104/19 Donex Shipping and Forwarding v Staatssecretaris van Financiën
Reference for a preliminary ruling – Common commercial policy – Dumping – Anti-dumping duty imposed on imports of certain iron or steel fasteners originating in the People’s Republic of China – Regulation (EC) No 91/2009 – Validity – Regulation (EC) No 384/96 – Article 2(10) and (11) – Rights of the defence
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 4 March 2020
ECLI:EU:C:2020:159 |
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Judgment of the Court (Fourth Chamber) of 9 July 2020
ECLI:EU:C:2020:539 |
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Case C-199/19 RL v J.M. (Directive combating late payment)
Reference for a preliminary ruling – Combating late payment in commercial transactions – Directive 2011/7/EU – Concept of ‘commercial transaction’ – Provision of services – Article 2(1) – Lease or rental agreement – Periodic payments – Payment schedule providing for instalments – Article 5 – Scope
Request for a preliminary ruling from the Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi
Language of the case: Polish
| Summary |
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Judgment of the Court (Ninth Chamber) of 9 July 2020
ECLI:EU:C:2020:548 |
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Case C-241/19 P Haswani v Council
Language of the case: French
| Summary |
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Judgment of the Court (Eighth Chamber) of 9 July 2020
ECLI:EU:C:2020:545 |
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Case C-257/19 Commission v Ireland (Maritime investigative body)
Failure of a Member State to fulfil obligations — Principles governing the investigation of accidents in the maritime transport sector — Directive 2009/18/EC — Article 8(1) — Parties whose interests could conflict with the task entrusted to the investigative body — Members of the investigative body simultaneously performing other functions — Failure to provide for an independent investigative body
Language of the case: English
| Summary |
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Judgment of the Court (Fifth Chamber) of 9 July 2020
ECLI:EU:C:2020:541 |
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Case C-264/19 Constantin Film Verleih v YouTube and Google
Reference for a preliminary ruling — Copyright and related rights — Internet video platform — Uploading of a film without the consent of the rightholder — Proceedings concerning an infringement of an intellectual property right — Directive 2004/48/EC — Article 8 — Applicant’s right of information — Article 8(2)(a) — Definition of ‘addresses’ — Email address, IP address and telephone number — Not included
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 2 April 2020
ECLI:EU:C:2020:261 |
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Judgment of the Court (Fifth Chamber) of 9 July 2020
ECLI:EU:C:2020:542 |
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Case C-272/19 VQ v Land Hessen
Reference for a preliminary ruling — Article 267 TFEU — Concept of ‘court or tribunal’ — Protection of natural persons with regard to the processing of personal data — Regulation (EU) 2016/679 — Scope — Article 2(2)(a) — Meaning of ‘activity which falls outside the scope of Union law’ — Article 4(7) — Concept of ‘controller’ — Petitions Committee of the parliament of a Federated State of a Member State — Article 15 — Right of access by the data subject
Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden
Language of the case: German
| Summary |
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Judgment of the Court (Third Chamber) of 9 July 2020
ECLI:EU:C:2020:535 |
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Case C-297/19 Naturschutzbund Deutschland - Landesverband Schleswig-Holstein v Kreis Nordfriesland
Reference for a preliminary ruling — Environment — Environmental liability — Directive 2004/35/EC — Second indent of the third paragraph of Annex I — Damage not having to be classified as ‘significant damage’ — Concept of ‘normal management of sites, as defined in habitat records or target documents or as carried on previously by owners or operators’ — Article 2(7) — Concept of ‘occupational activity’ — Activity carried out in the public interest pursuant to a statutory assignment of tasks — Whether or not included
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber) of 9 July 2020
ECLI:EU:C:2020:533 |
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Case C-343/19 Verein für Konsumenteninformation v Volkswagen
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Point 2 of Article 7 — Jurisdiction in matters relating to tort, delict or quasi-delict — Place where the harmful event occurred — Place where the damage occurred — Manipulation of data relating to the emission of exhaust gases from engines produced by a motor vehicle manufacturer
Request for a preliminary ruling from the Landesgericht Klagenfurt
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 2 April 2020
ECLI:EU:C:2020:253 |
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Judgment of the Court (First Chamber) of 9 July 2020
ECLI:EU:C:2020:534 |
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Case C-374/19 HF v Finanzamt Bad Neuenahr-Ahrweiler
Reference for a preliminary ruling — Value added tax (VAT) — Directive 2006/112/EC — Adjustment of deductions — Variation in the deduction entitlement — Capital goods used for both taxed and exempt transactions — Cessation of the activity giving rise to the right of deduction — Remaining use solely for exempt transactions
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 9 July 2020
ECLI:EU:C:2020:546 |
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Case C-391/19 Unipack v Direktor na Teritorialna direktsiya 'Dunavska' kam Agentsiya 'Mitnitsi' and Prokuror ot Varhovna administrativna prokuratura na Republika Bulgaria
Reference for a preliminary ruling – Customs union – Union Customs Code – Delegated Regulation (EU) 2015/2446 – Article 172(2) – Authorisation to use the end-use procedure – Retroactive effect – Concept of ‘exceptional circumstances’ – Amendment of the tariff classification – Expiry of validity of a decision relating to binding tariff information
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Eighth Chamber) of 9 July 2020
ECLI:EU:C:2020:547 |
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Case C-378/16 P Inclusion Alliance for Europe v Commission
Appeal — Arbitration clause — Grant agreements concluded in the context of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) and of the Competitiveness and Innovation Framework Programme (2007-2013) — MARE, Senior and ECRN projects — Commission decision to recover sums unduly paid — Jurisdiction of the EU judicature
Language of the case: Italian
| Summary |
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Judgment of the Court (Third Chamber) of 16 July 2020
ECLI:EU:C:2020:575 |
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Case C-517/17 Addis v Bundesrepublik Deutschland
Reference for a preliminary ruling — Area of freedom, security and justice — Asylum policy — Common procedures for granting and withdrawing international protection — Directive 2013/32/EU — Articles 14 and 34 — Obligation to give applicants for international protection the opportunity of a personal interview before the adoption of a decision declaring the application to be inadmissible — Failure to comply with that obligation in the procedure at first instance — Consequences
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Hogan delivered on 19 March 2020
ECLI:EU:C:2020:225 |
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Judgment of the Court (Fifth Chamber) of 16 July 2020
ECLI:EU:C:2020:579 |
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Case C-584/17 P ADR Center v Commission
Appeal — Arbitration clause — Grant agreements concluded in the context of the Specific Programme ‘Civil Justice’ for the period 2007-2013 — Audit reports questioning the eligibility of certain costs — European Commission decision to recover unduly paid sums — Article 299 TFEU — Power of the Commission to adopt an enforceable decision within contractual relationships — Jurisdiction of the EU judicature — Effective judicial protection
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 7 November 2019
ECLI:EU:C:2019:941 |
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Judgment of the Court (Third Chamber) of 16 July 2020
ECLI:EU:C:2020:576 |
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Case C-311/18 Data Protection Commissioner v Facebook Ireland and Schrems
Reference for a preliminary ruling — Protection of individuals with regard to the processing of personal data — Charter of Fundamental Rights of the European Union — Articles 7, 8 and 47 — Regulation (EU) 2016/679 — Article 2(2) — Scope — Transfers of personal data to third countries for commercial purposes — Article 45 — Commission adequacy decision — Article 46 — Transfers subject to appropriate safeguards — Article 58 — Powers of the supervisory authorities — Processing of the data transferred by the public authorities of a third country for national security purposes — Assessment of the adequacy of the level of protection in the third country — Decision 2010/87/EU — Protective standard clauses on the transfer of personal data to third countries — Suitable safeguards provided by the data controller — Validity — Implementing Decision (EU) 2016/1250 — Adequacy of the protection provided by the EU-US Privacy Shield — Validity — Complaint by a natural person whose data was transferred from the European Union to the United States
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 19 December 2019
ECLI:EU:C:2019:1145 |
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Judgment of the Court (Grand Chamber) of 16 July 2020
ECLI:EU:C:2020:559 |
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Case C-549/18 Commission v Romania (Anti-money laundering)
Failure of a Member State to fulfil obligations — Article 258 TFEU — Prevention of the use of the financial system for the purposes of money laundering or terrorist financing — Directive (EU) 2015/849 — Failure to transpose and/or to notify transposition measures — Article 260(3) TFEU — Application for an order to pay a lump sum
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Tanchev delivered on 5 March 2020
ECLI:EU:C:2020:173 |
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Judgment of the Court (Grand Chamber) of 16 July 2020
ECLI:EU:C:2020:563 |
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Case C-550/18 Commission v Ireland (Anti-money laundering)
Failure of a Member State to fulfil obligations — Article 258 TFEU — Prevention of the use of the financial system for the purposes of money laundering or terrorist financing — Directive (EU) 2015/849 — Failure to transpose and/or to notify transposition measures — Article 260(3) TFEU — Application for an order to pay a lump sum
Language of the case: English
| Summary |
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Opinion of Advocate General Tanchev delivered on 5 March 2020
ECLI:EU:C:2020:175 |
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Judgment of the Court (Grand Chamber) of 16 July 2020
ECLI:EU:C:2020:564 |
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Case C-606/18 P Nexans France and Nexans v Commission
Appeal — Competition — Cartels — European market for submarine and underground power cables — Market allocation in connection with projects — Regulation (EC) No 1/2003 — Article 20 — European Commission’s powers of inspection in cartel proceedings — Power to copy data without a prior examination and to examine the data subsequently at the Commission’s premises — Fines — Unlimited jurisdiction
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 12 March 2020
ECLI:EU:C:2020:207 |
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Judgment of the Court (Second Chamber) of 16 July 2020
ECLI:EU:C:2020:571 |
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Case C-610/18 AFMB v Raad van bestuur van de Sociale verzekeringsbank
Reference for a preliminary ruling — Migrant workers — Social security — Legislation applicable — Regulation (EEC) No 1408/71 — Article 14(2)(a) — Concept of ‘person who is a member of the travelling personnel of an undertaking’ — Regulation (EC) No 883/2004 — Article 13(1)(b) — Concept of ‘employer’ — Long-distance lorry drivers normally employed in one or more Member States or States of the European Free Trade Association (EFTA) — Long‑distance lorry drivers who have entered into an employment contract with one undertaking but are in fact subject to the authority of another undertaking established in the Member State where those drivers reside — Determination of which undertaking is the ‘employer’
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Pikamäe delivered on 26 November 2019
ECLI:EU:C:2019:1010 |
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Judgment of the Court (Grand Chamber) of 16 July 2020
ECLI:EU:C:2020:565 |
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Case C-658/18 UX v Governo della Repubblica italiana (Status of Italian magistrates)
Reference for a preliminary ruling — Admissibility — Article 267 TFEU — Definition of ‘court or tribunal of a Member State’ — Criteria — Social policy — Directive 2003/88/EC — Scope — Article 7 — Paid annual leave — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clauses 2 and 3 — Concept of ‘fixed-term worker’ — Magistrates and ordinary judges — Difference in treatment — Clause 4 — Principle of non-discrimination — Concept of ‘objective grounds’
Request for a preliminary ruling from the Giudice di pace di Bologna
Language of the case: Italian
| Summary |
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Opinion of Advocate General Kokott delivered on 23 January 2020
ECLI:EU:C:2020:33 |
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Judgment of the Court (Second Chamber) of 16 July 2020
ECLI:EU:C:2020:572 |
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Case C-686/18 OC e.a. and Others v Banca d'Italia and Others
Reference for a preliminary ruling — Admissibility — Article 63 et seq. TFEU — Free movement of capital — Article 107 et seq. TFEU — State aid — Articles 16 and 17 of the Charter of Fundamental Rights of the European Union — Freedom to conduct a business — Right to property — Regulation (EU) No 575/2013 — Prudential requirements applicable to credit institutions and investment firms — Article 29 — Regulation (EU) No 1024/2013 — Article 6(4) — Prudential supervision of credit institutions — Conferral of specific tasks on the European Central Bank (ECB) — Delegated Regulation (EU) No 241/2014 — Regulatory technical standards for Own Funds requirements for institutions — National regulation imposing an asset threshold on people’s banks established as cooperative societies and allowing the right to redeem shares by the withdrawing shareholder to be limited
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Hogan delivered on 11 February 2020
ECLI:EU:C:2020:90 |
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Judgment of the Court (First Chamber) of 16 July 2020
ECLI:EU:C:2020:567 |
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Case C-714/18 P ACTC v EUIPO
Appeal — EU trade mark — Regulation (EC) No 207/2009 — Application for registration of EU word mark tigha — Opposition filed by the proprietor of the earlier EU trade mark TAIGA — Partial dismissal of the application for registration — Article 8(1)(b) — Assessment of the likelihood of confusion — Assessment of the conceptual similarity of the signs at issue — Article 42(2) — Proof of genuine use of the earlier mark — Proof of use ‘in relation to part … of the goods or services’ — Determination of an independent subcategory of goods
Language of the case: English
| Summary |
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Opinion of Advocate General Sharpston delivered on 19 December 2019
ECLI:EU:C:2019:1139 |
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Judgment of the Court (Second Chamber) of 16 July 2020
ECLI:EU:C:2020:573 |
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Case C-771/18 Commission v Hungary (Charges for access to electricity and natural gas transmission networks)
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Ninth Chamber) of 16 July 2020
ECLI:EU:C:2020:584 |
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Case C-73/19 Belgische Staat and Directeur-Generaal van de Algemene Directie Controle en Bemiddeling van de FOD Economie, K.M.O., Middenstand en Energie v Movic and Others
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 1(1) — Scope — Concept of ‘civil and commercial matters’ — Action for the cessation of unfair commercial practices brought by a public authority to protect the interests of consumers
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 23 April 2020
ECLI:EU:C:2020:297 |
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Judgment of the Court (First Chamber) of 16 July 2020
ECLI:EU:C:2020:568 |
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Case C-80/19 Proceedings brought by E. E. (Jurisdiction and law applicable to succession)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 650/2012 – Scope – Definition of ‘succession with cross-border implications’ – Definition of ‘habitual residence of the deceased’ – Article 3(2) – Definition of ‘court’ – Whether notaries are subject to the rules of international jurisdiction – Article 3(1)(g) and (i) – Definitions of ‘decision’ and ‘authentic instrument’ – Articles 5, 7 and 22 – Agreement on the choice of court and the law applicable to the succession – Article 83(2) and (4) – Transitional provisions
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 26 March 2020
ECLI:EU:C:2020:230 |
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Judgment of the Court (First Chamber) of 16 July 2020
ECLI:EU:C:2020:569 |
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Case C-97/19 Pfeifer & Langen v Hauptzollamt Köln
Reference for a preliminary ruling — Customs Code — Customs declarations — Article 78 of that code — Revision of the customs declaration — Name of the declarant — Amendment of information relating to the identity of the declarant seeking to show that there is a relationship of indirect representation — Indirect representation of the person who has obtained an import licence
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Hogan delivered on 25 February 2020
ECLI:EU:C:2020:108 |
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Judgment of the Court (Second Chamber) of 16 July 2020
ECLI:EU:C:2020:574 |
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Case C-129/19 Presidenza del Consiglio dei Ministri v BV
Reference for a preliminary ruling — Directive 2004/80/EC — Article 12(2) — National schemes on compensation to victims of violent intentional crime guaranteeing fair and appropriate compensation — Scope — Victim residing in the Member State in which the violent intentional crime was committed — Obligation for the national compensation scheme to cover that victim — Concept of ‘fair and appropriate compensation’ — Liability of Member States in the event of a breach of EU law
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Opinion of Advocate General Bobek delivered on 14 May 2020
ECLI:EU:C:2020:375 |
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Judgment of the Court (Grand Chamber) of 16 July 2020
ECLI:EU:C:2020:566 |
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Joined Cases C-133/19, C-136/19 and C-137/19 B. M. M. and Others v État belge (Family reunification – Minor child)
Reference for a preliminary ruling — Area of freedom, security and justice — Immigration policy — Right to family reunification — Directive 2003/86/EC — Article 4(1) — Concept of a ‘minor child’ — Article 24(2) of the Charter of Fundamental Rights of the European Union — Best interests of the child — Article 47 of the Charter of Fundamental Rights — Right to an effective remedy — Children of the sponsor who have reached majority during the decision-making procedure or court proceedings against the decision refusing the family reunification application
Requests for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Hogan delivered on 19 March 2020
ECLI:EU:C:2020:222 |
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Judgment of the Court (Third Chamber) of 16 July 2020
ECLI:EU:C:2020:577 |
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Joined Cases C-224/19 and C-259/19 CY and Others v Caixabank and Banco Bilbao Vizcaya Argentaria
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Articles 6 and 7 – Consumer contracts – Mortgage loans – Unfair terms – Term charging all of the costs of creating and cancelling a mortgage to the borrower – Effects of a declaration that those terms are void – Powers of the national court when dealing with a term considered to be ‘unfair’ – Award of costs – Application of national supplementary provisions – Article 3(1) – Assessment of the unfairness of contractual terms – Article 4(2) – Exclusion of terms relating to the main subject matter of the contract or the adequacy of the price and the remuneration – Condition – Article 5 – Obligation to draft contractual terms in plain, intelligible language – Costs – Limitation – Principle of effectiveness
Requests for a preliminary ruling from the Juzgado de Primera Instancia n° 17 de Palma de Mallorca and Juzgado de Primera Instancia e Instrucción de Ceuta
Language of the case: Spanish
| Summary |
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Judgment of the Court (Fourth Chamber) of 16 July 2020
ECLI:EU:C:2020:578 |
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Case C-249/19 JE v KF (Law applicable to divorce)
Reference for a preliminary ruling — Regulation (EU) No 1259/2010 — Enhanced cooperation in the area of the law applicable to divorce and legal separation — Uniform rules — Article 10 — Application of the law of the forum
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Tanchev delivered on 26 March 2020
ECLI:EU:C:2020:231 |
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Judgment of the Court (First Chamber) of 16 July 2020
ECLI:EU:C:2020:570 |
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Case C-253/19 MH and NI v OJ and Novo Banco
Reference for a preliminary ruling — Judicial cooperation in civil matters — Insolvency proceedings — Regulation (EU) 2015/848 — Article 3 — International jurisdiction — Centre of a debtor’s main interests — Individual not exercising an independent business or professional activity — Rebuttable presumption that the centre of that person’s main interests is his or her habitual residence — Rebuttal of the presumption — Situation in which the debtor’s sole immovable asset is located outside the Member State of habitual residence
Request for a preliminary ruling from the Tribunal da Relação de Guimarães
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Szpunar delivered on 30 April 2020
ECLI:EU:C:2020:328 |
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Judgment of the Court (Ninth Chamber) of 16 July 2020
ECLI:EU:C:2020:585 |
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Case C-411/19 WWF Italia Onlus and Others v Presidenza del Consiglio dei Ministri and ANAS
Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Article 6 – Conservation of natural habitats and of wild fauna and flora – Special areas of conservation – Construction of a section of road – Assessment of the implications of that project for the special area of conservation concerned – Authorisation – Imperative reasons of overriding public interest
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
| Summary |
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Judgment of the Court (Sixth Chamber) of 16 July 2020
ECLI:EU:C:2020:580 |
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Case C-424/19 Cabinet de avocat UR v Administraţia Sector 3 a Finanţelor Publice prin Direcţia Generală Regională a Finanţelor Publice Bucureşti and Others (VAT liability of lawyers)
Reference for a preliminary ruling — Directive 2006/112/EC — Value added tax (VAT) — Article 9(1) — Concept of ‘taxable person’ — Person practising the profession of lawyer — Final judicial decision — Principle of res judicata — Scope of that principle if that decision is incompatible with EU law
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
| Summary |
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Judgment of the Court (Sixth Chamber) of 16 July 2020
ECLI:EU:C:2020:581 |
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Case C-496/19 Antonio Capaldo v Agenzia delle dogane e dei monopoli
Reference for a preliminary ruling — Customs Union — Community Customs Code — Regulation (EEC) No 2913/92 — Examination of goods — Application for revision of a customs declaration — Post-clearance examination
Request for a preliminary ruling from the Commissione tributaria regionale della Campania
Language of the case: Italian
| Summary |
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Judgment of the Court (Eighth Chamber) of 16 July 2020
ECLI:EU:C:2020:583 |
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Case C-686/19 Soho Group v Patērētāju tiesību aizsardzības centrs
Reference for a preliminary ruling – Consumer protection – Credit agreements for consumers – Directive 2008/48/EC – Concept of ‘total cost of the credit to the consumer’ – Costs for extending the credit
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
| Summary |
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Judgment of the Court (Sixth Chamber) of 16 July 2020
ECLI:EU:C:2020:582 |
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Case C-883/19 P HSBC Holdings and Others v Commission
Appeal – Intervention – Statute of the Court of Justice of the European Union – Article 40 – Interest in the result of the case
Language of the case: English
| Summary |
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Order of the President of the Court of 16 July 2020
ECLI:EU:C:2020:561 |
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Information (on unpublished decisions)
Case C-853/19 IM v STING Reality
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice – Consumer protection – Directive 2005/29/EC – Unfair business-to-consumer commercial practices – Articles 8 and 9 – Aggressive commercial practices – Directive 93/13/EEC – Unfair terms in consumer contracts – Term which has been individually negotiated – Powers of the national court
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Order of the Court (Ninth Chamber) of 2 July 2020 ECLI:EU:C:2020:522 |
Case C-70/19 P Commission v HM
Appeal – Civil service – Officials – Recruitment – Notice of competition EPSO/AST-SC/03/15 – Refusal to allow participation in the assessment tests – Request for review – Email of the European Personnel Selection Office (EPSO) – EPSO’s failure to send the request for review to the selection board of the competition – Ground for refusal – Out of time – Classification of EPSO’s email – Decision to reject the request for review – Powers – No legal basis – Setting aside
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Judgment of the Court (Eighth Chamber) of 9 July 2020 ECLI:EU:C:2020:544 |
Case C-193/20 P Dekoback v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170a(2) and (3) of the Rules of Procedure of the Court of Justice – Formal requirements relating to the request that the appeal be allowed to proceed – Failure to put in order – Inadmissibility
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Order of the Vice-President of the Court of 9 July 2020 ECLI:EU:C:2020:553 |
Joined Cases C-632/19 and C-633/19 Federale Overheidsdienst Financiën and Openbaar Ministerie v Metalen Galler and Others
Reference for a preliminary ruling – Articles 53(2) and 94 of the Rules of Procedure of the Court of Justice – Dumping – Importation of certain iron or steel fasteners originating in China – Regulation (EC) No 91/2009 – Validity and interpretation – Lack of sufficient information regarding the factual context of the dispute in the main proceedings and the reasons justifying the need for an answer to the questions referred – Manifest inadmissibility
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Order of the Court (Ninth Chamber) of 16 July 2020 ECLI:EU:C:2020:560 |
Case C-183/20 P Fabryki Mebli 'Forte' v Bog-Fran
Appeal – Community design – Whether appeals may be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 16 July 2020 ECLI:EU:C:2020:562 |
Case C-436/19 P Abaco Energy and Others v Commission
Appeal – State aid – Aid scheme for renewable energies – Article 181 of the Rules of Procedure of the Court of Justice – Appeal manifestly inadmissible or manifestly unfounded
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Order of the Court (Seventh Chamber) of 21 July 2020 ECLI:EU:C:2020:606 |
September 2020
Case C-98/20 mBank S.A. v PA
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Jurisdiction in civil matters – Regulation (EU) No 1215/2012 – Jurisdiction of the courts of the Member State in which the consumer is domiciled – Article 18(2) – Proceedings brought against the consumer by the seller or supplier – Concept of ‘consumer’s domicile’ – Relevant time for determining the consumer’s domicile – Transfer of the consumer’s domicile after the conclusion of the contract and before the action is brought
Request for a preliminary ruling from the Obvodní soud pro Prahu 8
Language of the case: Czech
| Summary |
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Order of the Court (Sixth Chamber) of 3 September 2020
ECLI:EU:C:2020:672 |
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Case C-265/17 P-DEP United Parcel Service v Commission
Taxation of costs
Language of the case: English
| Summary |
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Order of the Court (Ninth Chamber) of 3 September 2020
ECLI:EU:C:2020:655 |
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Case C-719/18 Vivendi v Autorità per le Garanzie nelle Comunicazioni
Reference for a preliminary ruling – Electronic communications – Article 11(2) of the Charter of Fundamental Rights of the European Union – Freedom and pluralism of the media – Freedom of establishment – Article 49 TFEU – Directive 2002/21/EC – Articles 15 and 16 – National legislation prohibiting an undertaking which has significant market power in a sector from establishing a ‘significant economic dimension’ in another sector – Calculation of revenues received in the electronic communications sector and the media sector – Definition of the electronic communications sector – Restriction to markets which have been subject to ex ante regulation – Account taken of the income of affiliated companies – Fixing of different income thresholds for undertakings active in the electronic communications sector
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 18 December 2019
ECLI:EU:C:2019:1101 |
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Judgment of the Court (Fifth Chamber) of 3 September 2020
ECLI:EU:C:2020:627 |
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Case C-742/18 P Czech Republic v Commission
Appeal – European Agricultural Guarantee Fund (EAGF) and European Agricultural Fund for Rural Development (EAFRD) – Expenditure excluded from EU financing – Expenditure incurred by the Czech Republic – Regulation (EC) No 555/2008 – Articles 19 and 77 – Wine market – Regulation (EC) No 1122/2009 – Article 33 – Support for rural development – Area-related aid – Decoupled direct aid – Cross-compliance checks – Traditional on-the-spot checks and on-the-spot checks by remote sensing – Burden of proof – One-off and flat-rate corrections – Doubts concerning the effectiveness of the checks – Risk analysis – Deficiencies
Language of the case: Czech
| Summary |
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Opinion of Advocate General Kokott delivered on 12 March 2020
ECLI:EU:C:2020:200 |
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Judgment of the Court (Fourth Chamber) of 3 September 2020
ECLI:EU:C:2020:628 |
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Case C-817/18 P Vereniging tot Behoud van Natuurmonumenten in Nederland and Others v Commission
Appeal – State aid – Aid scheme relating to the subsidised acquisition or free granting of nature land – Preliminary examination stage – Decision declaring the aid compatible with the internal market – Action for annulment – Admissibility – Regulation (EC) No 659/1999 – Article 1(h) – Meaning of ‘interested party’ – Competitive relationship – Meaning of ‘serious difficulties’ – Service of general economic interest – Secondary activities – Related actions
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 2 April 2020
ECLI:EU:C:2020:255 |
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Judgment of the Court (Second Chamber) of 3 September 2020
ECLI:EU:C:2020:637 |
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Joined Cases C-21/19 to C-23/19 Criminal proceedings against XN and Others
Reference for a preliminary ruling – Waste – Shipments – Regulation (EC) No 1013/2006 – Waste subject to the prior written notification and consent procedure – Article 1(3) – Shipments subject to approval requirements – Directive 2008/98/EC – Article 5(1) – Concept of ‘by-products’ – Regulation (EC) No 1069/2009 – Article 3, point 1 – Concept of ‘animal by-products’ – Shipments of a mixture of animal by-products and other material
Requests for a preliminary ruling from the Gerechtshof Arnhem-Leeuwarden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 19 March 2020
ECLI:EU:C:2020:226 |
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Judgment of the Court (Fifth Chamber) of 3 September 2020
ECLI:EU:C:2020:636 |
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Joined Cases C-84/19, C-222/19 and C-252/19 Profi Credit Polska and Others v QJ and Others
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Article 1(2) – Scope – National provision providing for the maximum amount of non-interest credit costs – Article 3(1) – Contractual term passing on to the consumer costs of the lender’s business activity – Significant imbalance between the rights and obligations of the parties – Article 4(2) – Obligation to draft contract terms in plain intelligible language – Contractual terms which do not specify the services for which remuneration is sought – Directive 2008/48/EC – Article 3(g) – National legislation laying down a method of calculating the maximum non-interest credit cost which may be charged to the consumer
Requests for a preliminary ruling from the Sąd Rejonowy Szczecin – Prawobrzeże i Zachód w Szczecinie and the Sąd Rejonowy w Opatowie
Language of the case: Polish
| Summary |
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Opinion of Advocate General Hogan delivered on 2 April 2020
ECLI:EU:C:2020:259 |
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Judgment of the Court (First Chamber) of 3 September 2020
ECLI:EU:C:2020:631 |
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Case C-186/19 Supreme Site Services and Others v Supreme Headquarters Allied Powers Europe
Reference for a preliminary ruling — Judicial cooperation in civil matters — Regulation (EU) No 1215/2012 — Article 1(1) — Scope — Civil and commercial matters — Jurisdiction — Exclusive jurisdiction — Article 24(5) — Disputes concerning the enforcement of judgments — Action brought by an international organisation and based on immunity from execution, seeking the lifting of an interim garnishee order and a prohibition on the levying of such an order in the future
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 2 April 2020
ECLI:EU:C:2020:252 |
|
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Judgment of the Court (First Chamber) of 3 September 2020
ECLI:EU:C:2020:638 |
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Case C-356/19 Delfly v Smartwings Poland
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 7 – Right to compensation in the event of delay or cancellation of a flight – Compensation procedure – Claim expressed in national currency – National provision prohibiting the creditor from choosing the currency
Request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie
Language of the case: Polish
| Summary |
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Judgment of the Court (Eighth Chamber) of 3 September 2020
ECLI:EU:C:2020:633 |
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Joined Cases C-503/19 and C-592/19 UQ and SI v Subdelegación del Gobierno en Barcelona (Long-term residents)
References for a preliminary ruling – Status of third-country nationals who are long-term residents – Directive 2003/109/EC – Article 6(1) – Elements to be taken into consideration – National rules – Failure to take those elements into consideration – Refusal to grant long-term resident status on the ground that the person concerned has previous convictions
Requests for a preliminary ruling from the Juzgado Contencioso-Administrativo n° 17 de Barcelona and the Juzgado de lo Contencioso-Administrativo n° 5 de Barcelona
Language of the case: Spanish
| Summary |
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Judgment of the Court (Fourth Chamber) of 3 September 2020
ECLI:EU:C:2020:629 |
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Case C-530/19 Niki Luftfahrt v ON
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Articles 5 and 9 – Obligation of the air carrier to offer hotel accommodation to passengers whose flights have been cancelled – Damage suffered by a passenger during her stay at the hotel providing the accommodation – Possibility of invoking the liability of the air carrier as a result of negligence on the part of employees of the hotel
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 3 September 2020
ECLI:EU:C:2020:635 |
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Case C-539/19 Bundesverband der Verbraucherzentralen und Verbraucherverbände v Telefónica Germany
Reference for a preliminary ruling — Roaming on public mobile communications networks within the European Union — Regulation (EU) No 531/2012 — Article 6a — Article 6e(3) — Roaming provider required to automatically apply the regulated roaming tariff — Application to consumer having opted for a specific roaming tariff prior to the entry into force of Regulation (EU) No 531/2012
Request for a preliminary ruling from the Landgericht München I
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 3 September 2020
ECLI:EU:C:2020:634 |
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Case C-610/19 Vikingo Fővállalkozó v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Value added tax (VAT) – Directive 2006/112/EC – Articles 168, 178, 220 and 226 – Principles of fiscal neutrality, of effectiveness and of proportionality – Right to deduct VAT – Refusal – Conditions for the existence of a supply of goods – Evasion – Proof – Penalty – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective judicial remedy
Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Order of the Court (Tenth Chamber) of 3 September 2020
ECLI:EU:C:2020:673 |
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Case C-174/20 P STADA Arzneimittel v EUIPO
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Appeal lodged out of time – Appeal manifestly inadmissible
Language of the case: German
| Summary |
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Order of the Court (Eighth Chamber) of 3 September 2020
ECLI:EU:C:2020:651 |
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Case C-119/19 P and C-126/19 P Commission and Council v Carreras Sequeros and Others
Appeal – Civil service – Staff Regulations of Officials of the European Union – Reform of 1 January 2014 – Article 6 of Annex X – Officials and members of the contract staff serving in a third country – New provisions on the granting of days of paid annual leave – Objection of illegality – Charter of Fundamental Rights of the European Union – Article 31(2) – Directive 2003/88/EC – Fundamental right to paid annual leave
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 26 March 2020
ECLI:EU:C:2020:229 |
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Judgment of the Court (Grand Chamber) of 8 September 2020
ECLI:EU:C:2020:676 |
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Case C-265/19 Recorded Artists Actors Performers v Phonographic Performance (Ireland) and Others
Reference for a preliminary ruling – Intellectual property – Rights related to copyright – Directive 2006/115/EC – Article 8(2) – Use of phonograms in the European Union – Right of the performers to equitable remuneration shared with the phonogram producers – Applicability to nationals of third States – Performances and Phonograms Treaty – Articles 4 and 15 – Reservations notified by third States – Limitations of the right to equitable remuneration that may, on the basis of reciprocity, follow, in the European Union, for nationals of third States from those reservations – Article 17(2) and Article 52(1) of the Charter of Fundamental Rights of the European Union – Fundamental right to the protection of intellectual property – Requirement that any limitation must be provided for by law, respect the essence of the fundamental right and be proportionate – Division between the European Union and the Member States of competences to set those limitations – Division of competences in relations with third States – Article 3(2) TFEU – Exclusive competence of the European Union
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
| Summary |
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Opinion of Advocate General Tanchev delivered on 2 July 2020
ECLI:EU:C:2020:512 |
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Judgment of the Court (Grand Chamber) of 8 September 2020
ECLI:EU:C:2020:677 |
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Joined Cases C-674/18 and C-675/18 EM v TMD Friction and FL v TMD Friction EsCo
Reference for a preliminary ruling – Social policy – Transfers of undertakings – Directive 2001/23/EC – Articles 3 and 5 – Safeguarding of employees’ rights – Protection of employees in the event of the insolvency of their employer – Transfer made by the insolvency administrator of the transferring undertaking subject to insolvency proceedings – Occupational old-age pension benefits – Restriction on the obligations of the transferee – Amount of the benefit payable under the supplementary occupational pension scheme calculated on the basis of the employee’s pay when insolvency proceedings were instituted – Directive 2008/94/EC – Article 8 – Direct effect – Conditions
Requests for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Tanchev delivered on 5 March 2020
ECLI:EU:C:2020:180 |
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Judgment of the Court (Fifth Chamber) of 9 September 2020
ECLI:EU:C:2020:682 |
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Case C-254/19 Friends of the Irish Environment v An Bord Pleanála
Reference for a preliminary ruling – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 6(3) – Scope – Concepts of ‘project’ and ‘agreement’ – Appropriate assessment of the implications of a plan or project for a protected site – Decision extending the duration of a development consent for the construction of a liquefied natural gas regasification terminal – Original decision based on national legislation which did not properly transposed Directive 92/43
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 30 April 2020
ECLI:EU:C:2020:320 |
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Judgment of the Court (First Chamber) of 9 September 2020
ECLI:EU:C:2020:680 |
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Case C-651/19 JP v Commissaire général aux réfugiés et aux apatrides (Rejection of a subsequent application – Time limit for bringing proceedings)
Reference for a preliminary ruling – Asylum policy – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 46 – Charter of Fundamental Rights of the European Union – Article 47 – Right to an effective remedy – Action brought against a subsequent application for international protection as being inadmissible – Time limit for bringing proceedings – Rules governing notification
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Judgment of the Court (First Chamber) of 9 September 2020
ECLI:EU:C:2020:681 |
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Case C-363/19 Konsumentombudsmannen v Mezina
Reference for a preliminary ruling — Food safety — Nutritional and health claims concerning foodstuffs — Regulation (EC) No 1924/2006 — Articles 5 and 6 — Scientific substantiation for claims — Generally accepted scientific evidence — Article 10(1) — Article 28(5) — Transitional arrangements — Unfair business-to-consumer commercial practices in the internal market — Directive 2005/29/EC — Article 3(4) — Relationship between the provisions of Directive 2005/29 and other EU rules regulating specific aspects of unfair commercial practices
Request for a preliminary ruling from the Patent- och marknadsdomstolen vid Stockholms tingsrätt
Language of the case: Swedish
| Summary |
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Judgment of the Court (Tenth Chamber) of 10 September 2020
ECLI:EU:C:2020:693 |
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Case C-367/19 Tax-Fin-Lex v Ministrstvo za notranje zadeve
Reference for a preliminary ruling – Public service contracts – Directive 2014/24/EU – Article 2(1)(5) – Concept of ‘public contract’ – Concept of ‘contract for pecuniary interest’ – Tenderer’s bid at a price of EUR 0.00 – Rejection of the tender – Article 69 – Abnormally low tender
Request for a preliminary ruling from the Državna revizijska komisija za revizijo postopkov oddaje javnih naročil
Language of the case: Slovene
| Summary |
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Opinion of Advocate General Bobek delivered on 28 May 2020
ECLI:EU:C:2020:400 |
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Judgment of the Court (Fourth Chamber) of 10 September 2020
ECLI:EU:C:2020:685 |
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Case C-509/19 BMW v Hauptzollamt München
Reference for a preliminary ruling – Customs Union – Union Customs Code – Regulation (EU) No 952/2013 – Article 71(1)(b) – Customs value – Imports of electronic products equipped with software
Request for a preliminary ruling from the Finanzgericht München
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 10 September 2020
ECLI:EU:C:2020:694 |
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Case C-738/19 A v B and C (Subletting a social housing dwelling)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Annex, point 1(e) – Unfair terms in consumer contracts – Social housing – Obligation of residence and prohibition on subletting the property – Article 3(1) and (3) – Article 4(1) – Assessment of whether penalty clauses are unfair – Criteria
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
| Summary |
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Judgment of the Court (Sixth Chamber) of 10 September 2020
ECLI:EU:C:2020:687 |
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Joined Cases C-807/18 and C-39/19 Telenor Magyarország v Nemzeti Média- és Hírközlési Hatóság Elnöke
Reference for a preliminary ruling – Electronic communications – Regulation (EU) 2015/2120 – Article 3 – Open internet access – Article 3(1) – Rights of end users – Right to access applications and services and to use them – Right to provide applications and services – Article 3(2) – Prohibition of agreements and commercial practices limiting the exercise of end users’ rights – Concepts of ‘agreements’, ‘commercial practices’, ‘end users’ and ‘consumers’ – Assessment of whether the exercise of end users’ rights is limited – Detailed rules – Article 3(3) – Obligation of equal and non-discriminatory treatment of traffic – Possibility of implementing reasonable traffic-management measures – Prohibition of measures blocking and slowing down traffic – Exceptions – Commercial practices consisting in offering packages which provide (i) that customers subscribing to them purchase a tariff entitling them to use a given data volume without restriction, without any deduction being made from that volume for using certain specific applications and services covered by ‘a zero tariff’ and (ii) that once the data volume has been used up, those customers may continue to use those specific applications and services without restriction, while measures blocking or slowing down traffic are applied to the other applications and services
Requests for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 4 March 2020
ECLI:EU:C:2020:154 |
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Judgment of the Court (Grand Chamber) of 15 September 2020
ECLI:EU:C:2020:708 |
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Case C-121/19 P Edison v EUIPO
Appeal – EU trade mark – Application for registration of a figurative mark including the word element EDISON – Interpretation of the terms in the heading of a class of the Nice Classification and in the accompanying alphabetical list
Language of the case: Italian
| Summary |
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Judgment of the Court (Ninth Chamber) of 16 September 2020
ECLI:EU:C:2020:714 |
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Case C-312/19 XT v Valstybinė mokesčių inspekcija (Joint activity agreement)
Reference for a preliminary ruling – Directive 2006/112/EC – Common system of value added tax (VAT) – Article 9(1) – Article 193 – Concept of ‘taxable person’ – Joint activity agreement – Partnership – Allocation of an economic transaction to one of the partners – Determination of the taxable person liable for the tax
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Kokott delivered on 23 April 2020
ECLI:EU:C:2020:310 |
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Judgment of the Court (Eighth Chamber) of 16 September 2020
ECLI:EU:C:2020:711 |
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Case C-339/19 Romenergo and Aris Capital v Autoritatea de Supraveghere Financiară
Reference for a preliminary ruling – Free movement of capital – Company law – Shares admitted to trading on the regulated market – Financial investment company – National regulations limiting the shareholding in certain financial investment companies – Statutory presumption of concerted action
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
| Summary |
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Judgment of the Court (Ninth Chamber) of 16 September 2020
ECLI:EU:C:2020:709 |
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Case C-462/19 Anesco and Others
Reference for a preliminary ruling – Meaning of ‘court or tribunal’ for the purposes of Article 267 TFEU – Criteria – Comisión Nacional de los Mercados y la Competencia (National Commission on Markets and Competition, Spain) – Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Comisión Nacional de los Mercados y la Competencia
Language of the case: Spanish
| Summary |
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Judgment of the Court (Ninth Chamber) of 16 September 2020
ECLI:EU:C:2020:715 |
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Case C-528/19 Mitteldeutsche Hartstein-Industrie v Finanzamt Y
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Sixth Directive 77/388/EEC – Article 17(2)(a) – Deduction of input tax – Origin and scope of the right to deduct – Extension of a road belonging to a municipality – Entry in the accounts of the costs incurred by the works as part of the taxable person’s general costs – Determination of the existence of a direct and immediate link with the economic activity of the taxable person – Supply made free of charge – Supply to be treated as a supply made for consideration – Article 5(6)
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 16 September 2020
ECLI:EU:C:2020:712 |
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Case C-674/19 Skonis ir kvapas v Muitinės departamentas prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling – Structure and rates of excise duty applied to manufactured tobacco – Directive 2011/64/EU – Article 2(2) – Article 5(1) – Concept of ‘Products consisting in whole or in part of substances other than tobacco’ – Concept of ‘Smoking tobacco’ – Water-pipe tobacco
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
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Judgment of the Court (Eighth Chamber) of 16 September 2020
ECLI:EU:C:2020:710 |
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Case C-648/18 ANRE v Hidroelectrica
Reference for a preliminary ruling – Internal market in electricity – Free movement of goods – Article 35 TFEU – Quantitative restrictions on exports – Measures having equivalent effect – National measure requiring electricity producers to offer for sale all the electricity available to them exclusively on a centralised competitive market of the Member State concerned
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 2 April 2020
ECLI:EU:C:2020:256 |
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Judgment of the Court (Fourth Chamber) of 17 September 2020
ECLI:EU:C:2020:723 |
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Case C-791/18 Stichting Schoonzicht v Staatssecretaris van Financiën
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Immovable property acquired as capital goods – Deduction of input tax paid – Adjustment of the initial deduction – Single adjustment of that deduction in full after the goods in question are first used – Adjustment period
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bobek delivered on 3 March 2020
ECLI:EU:C:2020:144 |
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Judgment of the Court (Second Chamber) of 17 September 2020
ECLI:EU:C:2020:731 |
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Case C-806/18 Criminal proceedings against JZ (Custodial sentence in the case of an entry ban)
Reference for a preliminary ruling – Area of freedom, security and justice – Return of illegally staying third-country nationals – Directive 2008/115/EC – Article 11 – Entry ban – Third-country national against whom an entry ban was issued but who never left the Member State concerned – National legislation providing for a custodial sentence in the event of the third-country national staying in that Member State despite notice of the entry ban issued against him
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 23 April 2020
ECLI:EU:C:2020:307 |
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Judgment of the Court (Fifth Chamber) of 17 September 2020
ECLI:EU:C:2020:724 |
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Case C-12/19 P Troszczynski v Parliament
Appeal – Law governing the institutions – Member of the European Parliament – Protocol on the privileges and immunities of the European Union – Article 8 – Parliamentary immunity – Activity not connected to parliamentary duties – Publication on the Member’s Twitter account – Article 9 – Parliamentary privilege – Scope – Decision to waive parliamentary immunity
Language of the case: French
| Summary |
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Opinion of Advocate General Pikamäe delivered on 2 April 2020
ECLI:EU:C:2020:258 |
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Judgment of the Court (Fourth Chamber) of 17 September 2020
ECLI:EU:C:2020:725 |
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Case C-92/19 Burgo Group v Gestore dei Servizi Energetici
Reference for a preliminary ruling – Environment – Promotion of cogeneration – Provision of national law establishing a support scheme – Scheme supporting non-high-efficiency cogeneration plants extended beyond 31 December 2010
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Seventh Chamber) of 17 September 2020
ECLI:EU:C:2020:733 |
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Case C-212/19 Ministre de l'Agriculture et de l'Alimentation v Compagnie des pêches de Saint-Malo
Reference for a preliminary ruling – State aid – Concept – Wreck of the oil tanker Erika – Aid scheme for aquaculture and fisheries undertakings – Decision declaring the aid scheme partly incompatible with the common market and ordering the recovery of the aid paid out – Assessment of validity – Examination of the Court’s own motion – Admissibility – Failure to bring an action for annulment by the defendant in the main proceedings – Reduction in social security contributions – Employees’ contributions – Advantage – Question of who is liable for repayment
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 5 March 2020
ECLI:EU:C:2020:179 |
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Judgment of the Court (Second Chamber) of 17 September 2020
ECLI:EU:C:2020:726 |
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Case C-540/19 WV v Landkreis Harburg (Subrogation of a public body to the claims of a maintenance creditor)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction in matters relating to maintenance obligations – Regulation (EC) No 4/2009 – Article 3(b) – Court for the place where the maintenance creditor is habitually resident – Action for recovery brought by a public body subrogated to the claims of a maintenance creditor
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 18 June 2020
ECLI:EU:C:2020:484 |
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Judgment of the Court (Third Chamber) of 17 September 2020
ECLI:EU:C:2020:732 |
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Case C-594/18 P Austria v Commission
Appeal – State aid – Article 107(3)(c) TFEU – Articles 11 and 194 TFEU – Article 1, Article 2(c) and Article 106a(3) of the Euratom Treaty – Planned aid for Hinkley Point C nuclear power station (United Kingdom) – Decision declaring the aid compatible with the internal market – Objective of common interest – Environmental objectives of the European Union – Principle of protection of the environment, ‘polluter pays’ principle, precautionary principle and principle of sustainability – Determination of the economic activity concerned – Market failure – Proportionality of the aid – Operating or investment aid – Determination of the aid elements – Guarantee Notice
Language of the case: German
| Summary |
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Opinion of Advocate General Hogan delivered on 7 May 2020
ECLI:EU:C:2020:352 |
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Judgment of the Court (Grand Chamber) of 22 September 2020
ECLI:EU:C:2020:742 |
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Joined Cases C-724/18 and C-727/18 Cali Apartments and HX v Procureur général près la cour d’appel de Paris and Ville de Paris
References for a preliminary ruling – Directive 2006/123/EC – Scope – Repeated short-term letting of furnished premises to a transient clientele which does not take up residence there – National legislation imposing a prior authorisation scheme for certain specific municipalities and making those municipalities responsible for defining the conditions for granting the authorisations provided for by that scheme – Article 4(6) – Concept of ‘authorisation scheme’ – Article 9 – Justification – Insufficient supply of affordable long-term rental housing – Proportionality – Article 10 – Requirements relating to the conditions for granting authorisations
Requests for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Bobek delivered on 2 April 2020
ECLI:EU:C:2020:251 |
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Judgment of the Court (Grand Chamber) of 22 September 2020
ECLI:EU:C:2020:743 |
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Case C-777/18 WO v Vas Megyei Kormányhivatal (Cross-border healthcare)
Reference for a preliminary ruling – Social security – Sickness insurance – Regulation (EC) No 883/2004 – Article 20 – Scheduled treatment – Prior authorisation – Mandatory grant – Conditions – Insured person prevented from applying for prior authorisation – Regulation (EC) No 987/2009 – Article 26 – Assumption of costs of scheduled treatment incurred by the insured person – Procedure for reimbursement – Directive 2011/24/EU – Cross-border healthcare – Article 8(1) – Healthcare that may be subject to prior authorisation – Principle of proportionality – Article 9(3) – Processing of applications for cross-border healthcare – Factors to be taken into account – Reasonable time – Freedom to provide services – Article 56 TFEU
Request for a preliminary ruling from the Szombathelyi Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Fourth Chamber) of 23 September 2020
ECLI:EU:C:2020:745 |
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Case C-601/18 P Prysmian and Prysmian Cavi e Sistemi v Commission
Appeal – Competition – Cartels – European market for submarine and underground power cables – Market allocation in connection with projects – Single and continuous infringement – Succession of legal entities – Attributability of unlawful conduct – Principle of equal treatment – Distortion of evidence – Regulation (EC) No 1/2003 – Article 20 – European Commission’s powers of inspection in cartel proceedings – Power to copy data without a prior examination and to examine the data subsequently at the Commission’s premises – Fines
Language of the case: English
| Summary |
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Judgment of the Court (Second Chamber) of 24 September 2020
ECLI:EU:C:2020:751 |
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Case C-223/19 YS v NK (Occupational pensions of managerial staff)
Reference for a preliminary ruling – Equal treatment in employment and occupation – Directives 2000/78/EC and 2006/54/EC – Scope – Prohibition of indirect discrimination on grounds of age or sex – Justifications – National legislation providing for an amount to be withheld from pensions paid directly to their recipients by undertakings in which the State has a majority participation and for the cancellation of the indexation of the amount of those pensions – Articles 16, 17, 20 and 21 of the Charter of Fundamental Rights of the European Union – Applicability – Discrimination on grounds of property – Infringement of the freedom of contract – Infringement of the right to property – Article 47 of the Charter of Fundamental Rights – Right to an effective remedy
Request for a preliminary ruling from the Landesgericht Wiener Neustadt
Language of the case: German
| Summary |
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Opinion of Advocate General Kokott delivered on 7 May 2020
ECLI:EU:C:2020:356 |
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Judgment of the Court (Third Chamber) of 24 September 2020
ECLI:EU:C:2020:753 |
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Case C-516/19 NMI Technologietransfer v EuroNorm
Reference for a preliminary ruling – State aid – Articles 107 and 108 TFEU – Regulation (EU) No 651/2014 – Exemption of certain categories of aid compatible with the internal market – Annex I – Small and medium-sized enterprises (SMEs) – Definition – Independence test – Article 3(1) – Autonomous enterprise – Article 3(4) – Not included – Indirect control of 25% of the capital or voting rights by public bodies – Concepts of ‘control’ and ‘public bodies’
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
| Summary |
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Judgment of the Court (Tenth Chamber) of 24 September 2020
ECLI:EU:C:2020:754 |
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Case C-195/20 PPU Criminal proceedings against XC (Speciality rule)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Effects of the surrender – Article 27 – Potential prosecutions for other offences – Specialty rule
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 6 August 2020
ECLI:EU:C:2020:611 |
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Judgment of the Court (Fourth Chamber) of 24 September 2020
ECLI:EU:C:2020:749 |
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Case C-233/19 B. v CPAS de Liège
Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/EC – Return of illegally staying third-country nationals – Third-country national suffering from a serious illness – Return decision – Judicial remedy – Automatic suspensory effect – Conditions – Grant of social assistance – Articles 19 and 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Cour du travail de Liège
Language of the case: French
| Summary |
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Opinion of Advocate General Szpunar delivered on 28 May 2020
ECLI:EU:C:2020:397 |
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Judgment of the Court (First Chamber) of 30 September 2020
ECLI:EU:C:2020:757 |
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Case C-402/19 LM v CPAS de Seraing
Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/CE – Return of illegally staying third-country nationals – Parent of an adult child suffering from a serious illness – Return decision – Judicial remedy – Automatic suspensory effect – Safeguards pending return – Basic needs – Articles 7, 19 and 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Cour du travail de Liège
Language of the case: French
| Summary |
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Opinion of Advocate General Pikamäe delivered on 4 March 2020
ECLI:EU:C:2020:155 |
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Judgment of the Court (First Chamber) of 30 September 2020
ECLI:EU:C:2020:759 |
|
Information (on unpublished decisions)
Case C-91/18 INT Commission v Greece (Tsipouro)
Application for interpretation – Manifest inadmissibility
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Order of the Court (Seventh Chamber) of 3 September 2020 ECLI:EU:C:2020:654 |
Case C-392/18 P-INT Bettani v Commission
Application for interpretation – Lack of legal representation – Manifest inadmissibility
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Order of the Court (Sixth Chamber) of 3 September 2020 ECLI:EU:C:2020:656 |
Case C-784/18 P Mellifera v Commission
Appeal – Aarhus Convention – Regulation (EC) No 1367/2006 – Article 2(1)(g) and Article 10(1) – Internal review of administrative acts – Limitation to measures of individual application – Implementing Regulation (EU) 2016/1056 – Extension of the approval period of the active substance ‘glyphosate’ – Application for internal review – Measure of general application – Dismissal
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Judgment of the Court (First Chamber) of 3 September 2020 ECLI:EU:C:2020:630 |
Case C-214/19 P achtung! v EUIPO
Appeal – EU trade mark – Regulation (EC) No 207/2009 – Article 7(1)(b) – Distinctive character – None
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Judgment of the Court (Tenth Chamber) of 3 September 2020 ECLI:EU:C:2020:632 |
Case C-611/19 Crewprint v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Value added tax (VAT) – Directive 2006/112/EC – Principles of fiscal neutrality, of effectiveness and of proportionality – Right to VAT deduction – Refusal – Fraud – Proof – Chain of subcontractors
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Order of the Court (Tenth Chamber) of 3 September 2020 ECLI:EU:C:2020:674 |
Case C-50/20 P ZW v EIB
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Rejection of candidature – Complaint with the European Ombudsman – Action for annulment and for damages – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-137/20 MV v SATA International
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Article 5(3) – Compensation to passengers in the event of denied boarding and of cancellation or long delay of flights – Scope – Exemption from the obligation to pay compensation – Concept of ‘extraordinary circumstances’ – Lack of sufficient details concerning the factual and regulatory famework of the main proceedings and the reasons justifying the need to reply to the questions referred for a preliminary ruling – Manifest inadmissibility
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Order of the Court (Ninth Chamber) of 3 September 2020 ECLI:EU:C:2020:653 |
Case C-199/20 P Gamma-A v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Vice-President of the Court (Chamber determining whether appeals may proceed) of 3 September 2020 ECLI:EU:C:2020:662 |
Case C-200/20 P Gamma-A v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Vice-President of the Court (Chamber determining whether appeals may proceed) of 3 September 2020 ECLI:EU:C:2020:663 |
Case C-675/19 SA Ramon v Commission
Application for leave to serve a garnishee order on the European Commission
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Order of the Court (First Chamber) of 9 September 2020 ECLI:EU:C:2020:683 |
Case C-320/18 P Crocs v EUIPO
Appeal – Community design – Invalidity proceedings – Declaration of invalidity – Appeal which has become devoid of purpose – No need to adjudicate – Costs
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Order of the Court (Fifth Chamber) of 10 September 2020 ECLI:EU:C:2020:702 |
Case C-122/19 P Hamas v Council
Appeal – Common foreign and security policy – Fight against terrorism – Restrictive measures taken against certain persons and entities – Freezing of funds – Common Position 2001/931/CFSP – Article 1(4) and (6) – Regulation (EC) No 2580/2001 – Article 2(3) – Retention of an organisation on the list of persons, groups and entities involved in terrorist acts – Conditions – Competent authority equivalent to a judicial authority – Sentencing decision – Ongoing risk of involvement in terrorist activities – Factual basis of the decisions to freeze funds – Obligation to state reasons – Right to effective judicial protection
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Judgment of the Court (Seventh Chamber) of 10 September 2020 ECLI:EU:C:2020:690 |
Case C-386/19 P Hamas v Council
Appeal – Common foreign and security policy – Fight against terrorism – Restrictive measures taken against certain persons and entities – Freezing of funds – Common Position 2001/931/CFSP – Article 1(4) and (6) – Regulation (EC) No 2580/2001 – Article 2(3) – Retention of an organisation on the list of persons, groups and entities involved in terrorist acts – Conditions – Competent authority equivalent to a judicial authority – Sentencing decision – Ongoing risk of involvement in terrorist activities – Obligation to state reasons – Rights of the defence – Right to effective judicial protection
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Judgment of the Court (Seventh Chamber) of 10 September 2020 ECLI:EU:C:2020:691 |
Case C-498/19 P Romania v Commission
Appeal – European Agricultural Guarantee Fund (EAGF) and European Agricultural Fund for Rural Development (EAFRD) – Decision of the European Commission excluding expenditure from EU financing – Notification to the addressee – Error in the printing of the annex – Publication of the decision in the Official Journal of the European Union – Time limit for filing an appeal – Point from which time starts to run – Lateness – Principle of legal certainty – Observance of the adversarial principle
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Judgment of the Court (Sixth Chamber) of 10 September 2020 ECLI:EU:C:2020:686 |
Joined Cases C-41/20 to C-43/20 DQ and Others v Wallonische Region (Registration of a loaned vehicle)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Article 63 TFEU – Free movement of capital – Road traffic – Registration and taxation of motor vehicles – Driver resident in one Member State – Vehicle registered in another Member State – Vehicle provided free of charge for a short period of time – Requirement to carry in the vehicle at all times evidence of the lawful use of that vehicle – Proportionality
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Order of the Court (Sixth Chamber) of 10 September 2020 ECLI:EU:C:2020:703 |
Case C-423/20 P(R) Council v Sharpston
Appeal — Interim relief — Article 157(2) of the Rules of Procedure of the General Court – Decision of the Representatives of the Governments of the Member States appointing three judges and one Advocate General to the Court of Justice – Application for Annulment – Prima facie case
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Order of the Vice-President of the Court of 10 September 2020 ECLI:EU:C:2020:700 |
Case C-424/20 P(R) Council v Sharpston
Appeal — Interim relief — Article 157(2) of the Rules of Procedure of the General Court – Decision of the Representatives of the Governments of the Member States appointing three judges and one Advocate General to the Court of Justice – Application for Annulment – Prima facie case
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Order of the Vice-President of the Court of 10 September 2020 ECLI:EU:C:2020:705 |
Case C-669/19 P BP v FRA
Appeal – Non-contractual liability – Access to documents – Protection of personal data – Allegedly irregular disclosure of such data – Regulations (EC) No 1049/2001 and No 45/2001 – Admissibility of pleas and offers of evidence before the General Court of the European Union – Allocation of costs
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Judgment of the Court (Eighth Chamber) of 16 September 2020 ECLI:EU:C:2020:713 |
Case C-449/18 P and C-474/18 P EUIPO v Messi Cuccittini and J.M. EV e hijos v EUIPO
Appeal – EU trade mark – Regulation (EC) No 207/2009 – Article 8(1)(b) – Opposition proceedings – Application for EU figurative mark MESSI – Earlier EU word marks MASSI – Partial refusal of registration
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Judgment of the Court (Tenth Chamber) of 17 September 2020 ECLI:EU:C:2020:722 |
Case C-732/18 P Rosneft and Others v Council
Appeal – Restrictive measures adopted in view of the actions of the Russian Federation destabilising the situation in Ukraine – List of persons, entities and bodies subject to freezing of funds and economic resources – Listing of the appellants in the list of the entities to which restrictive measures apply
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Judgment of the Court (Seventh Chamber) of 17 September 2020 ECLI:EU:C:2020:727 |
Case C-623/19 P Alfamicro v Commission
Appeal – Action for annulment – Decision to recover a debt – Enforcement order – Principle of res judicata – Adoption of a decision which is enforceable within the meaning of Article 299 TFEU for the recovery of grants awarded under a contract – Grant agreement concluded under the Competitiveness and Innovation Framework Programme (CIP) (2007 – 2013)
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Judgment of the Court (Sixth Chamber) of 17 September 2020 ECLI:EU:C:2020:734 |
Case C-837/19 Super Bock Bebidas v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Deduction of input tax – Sixth Directive 77/388/EEC – Article 17(6) – Directive 2006/112/EC – Articles 168 and 176 – Exclusion from the right to deduct – Purchase of accommodation, food, drink, vehicle leases, fuel and tolls services – Standstill clause – Accession to the European Union
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Order of the Court (Eighth Chamber) of 17 September 2020 ECLI:EU:C:2020:721 |
Case C-135/20 JS v Câmara Municipal de Gondomar
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 5 – Fixed-term employment contracts in the public sector – Successive contracts – Prohibition on converting fixed-term contracts to open-ended contracts – Whether permissible
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Order of the Court (Eighth Chamber) of 30 September 2020 ECLI:EU:C:2020:760 |
Case C-239/20 P Giorgio Armani v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 30 September 2020 ECLI:EU:C:2020:762 |
Case C-240/20 P Giorgio Armani v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 30 September 2020 ECLI:EU:C:2020:761 |
October 2020
Case C-485/18 Groupe Lactalis v Premier ministre and Others
Reference for a preliminary ruling – Regulation (EU) No 1169/2011 – Provision of food information to consumers – Article 9(1)(i) and Article 26(2)(a) – Mandatory indication of the country of origin or place of provenance of foods – Failure to indicate which might mislead the consumer – Article 38(1) – Matters specifically covered by the harmonisation – Article 39(2) – Adoption of national measures providing for additional mandatory particulars concerning the country of origin or place of provenance of specific types or categories of foods – Conditions – Existence of a proven link between one or several qualities of the foods concerned and their origin or provenance – Concepts of ‘proven link’ and ‘qualities’ – Evidence that the majority of consumers attach significant value to the provision of that information – National measure providing for the mandatory indication of the national, European or non-European origin of milk
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Opinion of Advocate General Hogan delivered on 16 July 2020
ECLI:EU:C:2020:592 |
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Judgment of the Court (Third Chamber) of 1 October 2020
ECLI:EU:C:2020:763 |
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Case C-649/18 A v B and Others (Advertising and sale of medicinal products online)
Reference for a preliminary ruling – Medicinal products for human use not subject to compulsory medical prescription – Online sales – Advertising for a pharmacy’s website – Limitations – Prohibition on discounts where the order exceeds certain amounts and the use of paid referencing – Obligation to require a patient to complete a health questionnaire prior to validation of his or her first order on a pharmacy’s website – Protection of public health – Directive 2000/31/EC – Electronic commerce – Article 2(a) – Information society service – Article 2(h) – Coordinated field – Article 3 – Country-of-origin principle – Derogations – Justification – Protection of public health – Protection of the dignity of the profession of pharmacist – Prevention of the abusive consumption of medicinal products
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 27 February 2020
ECLI:EU:C:2020:134 |
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Judgment of the Court (Third Chamber) of 1 October 2020
ECLI:EU:C:2020:764 |
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Case C-743/18 Elme Messer Metalurgs v Latvijas Investīciju un attīstības aģentūra
Reference for a preliminary ruling – Structural Funds – European Regional Development Fund (ERDF) – Regulation (EC) No 1083/2006 – Article 2(7) – Concept of ‘irregularity’ – Infringement of a provision of EU law resulting from an act or omission on the part of an economic operator – Prejudice caused to the general budget of the European Union – Insolvency of the beneficiary’s sole business partner
Request for a preliminary ruling from the Rēzeknes tiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Sharpston delivered on 23 April 2020
ECLI:EU:C:2020:303 |
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Judgment of the Court (Third Chamber) of 1 October 2020
ECLI:EU:C:2020:767 |
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Case C-331/19 Staatssecretaris van Financiën v X (Reduced rate of VAT for aphrodisiacs)
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 98 – Option for the Member States to apply a reduced rate of VAT to certain supplies of goods and services – Annex III, point 1 – Definitions of ‘foodstuffs for human consumption’ and ‘products normally used to supplement foodstuffs or as a substitute for foodstuffs’ – Aphrodisiac products
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 27 February 2020
ECLI:EU:C:2020:122 |
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Judgment of the Court (Tenth Chamber) of 1 October 2020
ECLI:EU:C:2020:786 |
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Case C-405/19 Vos Aannemingen v Belgische Staat
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Sixth Directive 77/388/EEC – Article 17(2)(a) – Right to deduct input tax – Services also having benefited third parties – Existence of a direct and immediate link with the taxable person’s economic activity – Existence of a direct and immediate link with one or more output transactions
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
| Summary |
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Judgment of the Court (Eighth Chamber) of 1 October 2020
ECLI:EU:C:2020:785 |
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Case C-526/19 Entoma v Ministre de l’Économie et des Finances and Ministre de l'Agriculture et de l'Alimentation
Reference for a preliminary ruling – Food safety – Novel foods and novel food ingredients – Regulation (EC) No 258/97 – Article 1(2)(e) – Concept of ‘food ingredients isolated from animals’ – Placing on the market – Whole insects intended for human consumption
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Opinion of Advocate General Bobek delivered on 9 July 2020
ECLI:EU:C:2020:552 |
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Judgment of the Court (Third Chamber) of 1 October 2020
ECLI:EU:C:2020:769 |
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Case C-603/19 Criminal proceedings against TG and UF
Reference for a preliminary ruling – Protection of the financial interests of the European Union – Article 325 TFEU – Criminal proceedings concerning offences relating to subsidy fraud funded in part from the budget of the European Union – National law not allowing State bodies to obtain, in criminal proceedings, the recovery of subsidies by way of compensation for damage caused by the offences
Request for a preliminary ruling from the Špecializovaný trestný súd
Language of the case: Slovak
| Summary |
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Judgment of the Court (Third Chamber) of 1 October 2020
ECLI:EU:C:2020:774 |
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Case C-654/19 FP Passenger Service v Austrian Airlines
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Compensation of air passengers in the event of long delay of flights – Right to compensation in the event of delay – Length of delay – Time of opening of the aircraft’s doors at destination – Actual arrival time – Scheduled time of arrival – Question on which the Court has already ruled or where the answer to such a question may be clearly deduced from the case-law
Request for a preliminary ruling from the Landesgericht Korneuburg
Language of the case: German
| Summary |
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Order of the Court (Eighth Chamber) of 1 October 2020
ECLI:EU:C:2020:770 |
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Case C-89/20 :
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Convention implementing the Schengen Agreement – Article 54 – Ne bis in idem principle – Scope – Identity of the material facts – Absence of sufficient information concerning the factual background and the reasons justifying the need for an answer to the question referred for a preliminary ruling – Manifest inadmissibility
Request for a preliminary ruling from the Županijski sud u Puli
Language of the case: Croatian
| Summary |
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Order of the Court (Seventh Chamber) of 1 October 2020
ECLI:EU:C:2020:771 |
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Case C-623/17 Privacy International v Secretary of State for Foreign and Commonwealth Affairs and Others
Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Providers of electronic communications services – General and indiscriminate transmission of traffic data and location data – Safeguarding of national security – Directive 2002/58/EC – Scope – Article 1(3) and Article 3 – Confidentiality of electronic communications – Protection – Article 5 and Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 11 and Article 52(1) – Article 4(2) TEU
Request for a preliminary ruling from the Investigatory Powers Tribunal - London
Language of the case: English
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 15 January 2020
ECLI:EU:C:2020:5 |
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Judgment of the Court (Grand Chamber) of 6 October 2020
ECLI:EU:C:2020:790 |
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Case C-66/18 Commission v Hungary (Higher education)
Failure of a Member State to fulfil obligations – Admissibility – Jurisdiction of the Court – General Agreement on Trade in Services – Article XVI – Market access – Schedule of specific commitments – Requirement of authorisation – Article XX(2) – Article XVII – National treatment – Service provider having its seat in a third country – National legislation of a Member State imposing conditions for the supply of higher education services within its territory – Requirement relating to the conclusion of an international treaty with the State in which the provider has its seat – Requirement relating to the provision of education in the State in which the provider has its seat – Modification of conditions of competition to the benefit of national providers – Justification – Public order – Prevention of deceptive practices – Article 49 TFEU – Freedom of establishment – Directive 2006/123/EC – Services in the internal market – Article 16 – Article 56 TFEU – Freedom to provide services – Existence of a restriction – Justification – Overriding reason in the public interest – Public order – Prevention of deceptive practices – High quality of the education – Charter of Fundamental Rights of the European Union – Article 13 – Academic freedom – Article 14(3) – Freedom to found educational establishments – Article 16 – Freedom to conduct a business – Article 52(1)
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Kokott delivered on 5 March 2020
ECLI:EU:C:2020:172 |
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Judgment of the Court (Grand Chamber) of 6 October 2020
ECLI:EU:C:2020:792 |
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Joined Cases C-511/18, C-512/18 and C-520/18 La Quadrature du Net and Others v Premier ministre and Others
Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Providers of electronic communications services – Hosting service providers and Internet access providers – General and indiscriminate retention of traffic and location data – Automated analysis of data – Real-time access to data – Safeguarding national security and combating terrorism – Combating crime – Directive 2002/58/EC – Scope – Article 1(3) and Article 3 – Confidentiality of electronic communications – Protection – Article 5 and Article 15(1) – Directive 2000/31/EC – Scope – Charter of Fundamental Rights of the European Union – Articles 4, 6, 7, 8 and 11 and Article 52(1) – Article 4(2) TEU
Requests for a preliminary ruling from the Conseil d'État (France) and Cour constitutionnelle (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 15 January 2020
ECLI:EU:C:2020:6 |
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Judgment of the Court (Grand Chamber) of 6 October 2020
ECLI:EU:C:2020:791 |
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Case C-134/19 P Bank Refah Kargaran v Council
Appeal – Common foreign and security policy (CFSP) – Article 29 TEU – Article 215 TFEU – Restrictive measures against the Islamic Republic of Iran to prevent nuclear proliferation – Harm allegedly suffered by the appellant as a result of its name being included and maintained on the list of persons and entities covered by the freezing of financial funds and resources – Actions for damages – Jurisdiction of the CJEU to hear and determine an action for damages for the harm allegedly caused by restrictive measures taken in decisions adopted pursuant to the CFSP – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Inadequate statement of reasons for legal acts imposing restrictive measures
Language of the case: French
| Summary |
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Opinion of Advocate General Hogan delivered on 28 May 2020
ECLI:EU:C:2020:396 |
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Judgment of the Court (Grand Chamber) of 6 October 2020
ECLI:EU:C:2020:793 |
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Case C-181/19 Jobcenter Krefeld v JD
Reference for a preliminary ruling – Free movement of persons – Workers – Regulation (EU) No 492/2011 – Article 7(2) – Equal treatment – Social advantages – Article 10 – Children attending school – Directive 2004/38/EC – Article 24 – Social assistance – Regulation (EC) No 883/2004 – Article 4 – Article 70 – Special non-contributory cash benefits – Migrant worker with dependent children attending school in the host Member State
Request for a preliminary ruling from the Landessozialgericht Nordrhein-Westfalen
Language of the case: German
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 14 May 2020
ECLI:EU:C:2020:377 |
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Judgment of the Court (Grand Chamber) of 6 October 2020
ECLI:EU:C:2020:794 |
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Joined Cases C-245/19 and C-246/19 État luxembourgeois v B and Others (Judicial protection against requests for information in tax law)
References for a preliminary ruling – Directive 2011/16/EU – Administrative cooperation in the field of taxation – Articles 1 and 5 – Decision ordering that information be provided to the competent authority of a Member State, acting in response to a request for exchange of information from the competent authority of another Member State – Person holding the information the production of which is ordered by the competent authority of the first Member State – Taxpayer concerned by the investigation giving rise to the request from the competent authority of the second Member State – Third parties with whom that taxpayer maintains legal, banking, financial or, more broadly, economic relations – Judicial protection – Charter of Fundamental Rights of the European Union – Article 47 – Right to an effective remedy – Article 52(1) – Limitation – Legal basis – Respect for the essence of the right to an effective remedy – Existence of a remedy enabling the individuals in question to obtain an effective review of all the relevant issues of fact and of law, as well as effective judicial protection of the rights guaranteed to them by EU law – Objective of general interest recognised by the Union – Combating international tax fraud and tax evasion – Proportionality – Whether the information referred to in the information order is ‘foreseeably relevant’ – Judicial review – Scope – Personal, temporal and material factors to be taken into consideration
Requests for a preliminary ruling from the Cour administrative (Luxembourg)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 2 July 2020
ECLI:EU:C:2020:516 |
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Judgment of the Court (Grand Chamber) of 6 October 2020
ECLI:EU:C:2020:795 |
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Case C-443/19 Vodafone España v Diputación Foral de Guipúzcoa
Reference for a preliminary ruling – Electronic communications networks and services – Directive 2002/20/EC – Article 13 – Fee for rights of use for radio frequencies – Sectoral national legislation subjecting the allocation of public radio frequencies to a charge – National legislation subjecting the grant of administrative concessions on public assets to a tax on the transfer of assets
Request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco
Language of the case: Spanish
| Summary |
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Judgment of the Court (Eighth Chamber) of 6 October 2020
ECLI:EU:C:2020:798 |
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Case C-235/19 United Biscuits (Pension Trustees) and United Biscuits Pension Investments v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 135(1)(a) – Exemption of insurance transactions – Supply of pension fund management services to trustees by investment fund managers – Exclusion of any risk indemnity – Occupational pension scheme – National tax practice – Exercise of an insurance activity – Authorised entities – Entities not holding such authorisation – Concept of ‘insurance transactions’
Request for a preliminary ruling from the Court of Appeal
Language of the case: English
| Summary |
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Opinion of Advocate General Pikamäe delivered on 14 May 2020
ECLI:EU:C:2020:380 |
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Judgment of the Court (First Chamber) of 8 October 2020
ECLI:EU:C:2020:801 |
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Case C-330/19 Staatssecretaris van Financiën v Exter
Reference for a preliminary ruling — Customs union — Regulation (EEC) No 2913/92 — Community Customs Code — Article 121(1) — Inward processing procedure — Release for free circulation — Incurrence of a customs debt — Determination of the debt — Concept of ‘taxation elements’ — Taking account of a preferential tariff measure
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Seventh Chamber) of 8 October 2020
ECLI:EU:C:2020:809 |
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Case C-360/19 Crown Van Gelder v Autoriteit Consument en Markt
Reference for a preliminary ruling – Internal market for electricity – Directive 2009/72/EC – Article 37 – Duties and powers of the regulatory authority – Out-of-court dispute settlement – Concept of ‘party having a complaint’ – Complaint submitted by a final customer against the operator of a transmission system to which that customer’s installation is not directly connected – Failure on the grid – No contractual relationship between that customer and the operator of that grid – Admissibility of the complaint
Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 4 June 2020
ECLI:EU:C:2020:432 |
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Judgment of the Court (Fifth Chamber) of 8 October 2020
ECLI:EU:C:2020:805 |
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Case C-456/19 Aktiebolaget Östgötatrafiken v Patent-och registreringsverket
Reference for a preliminary ruling – Trade marks – Directive 2008/95/EC – Article 3(1)(b) – Signs of which a trade mark may consist – Distinctive character – Application for registration as a trade mark of a sign in respect of a service, consisting of motifs of colour and intended to be affixed to goods used to provide that service – Assessment of the distinctive character of that sign – Criteria
Request for a preliminary ruling from the Svea Hovrätt, Patent- och marknadsöverdomstolen
Language of the case: Swedish
| Summary |
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Judgment of the Court (Tenth Chamber) of 8 October 2020
ECLI:EU:C:2020:813 |
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Case C-476/19 Allmänna ombudet v Combinova
Reference for a preliminary ruling – Union Customs Code – Article 124(1)(k) – Extinction of the customs debt in the event the goods are not used – Concept of ‘goods that have been used’ – Inward processing procedure – Customs debt incurred through non-compliance with requirements provided for under the inward processing procedure – Bill of discharge not submitted within the prescribed time limit
Request for a preliminary ruling from the Kammarrätten i Göteborg
Language of the case: Swedish
| Summary |
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Judgment of the Court (First Chamber) of 8 October 2020
ECLI:EU:C:2020:802 |
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Case C-514/19 Union des industries de la protection des plantes v Premier ministre and Others
Reference for a preliminary ruling – Environment – Regulation (EC) No 1107/2009 – Placing of plant protection products on the market – Emergency measures – Officially informing the European Commission – Directive (EU) 2015/1535 – Procedure for the provision of information in the field of technical regulations – Neonicotinoids – Protection of bees – Principle of sincere cooperation
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 4 June 2020
ECLI:EU:C:2020:422 |
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Judgment of the Court (First Chamber) of 8 October 2020
ECLI:EU:C:2020:803 |
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Case C-558/19 Impresa Pizzarotti v Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Administrare a Marilor Contribuabili ( (Unusual advantage granted to a non-resident company)
Reference for a preliminary ruling – Articles 49 and 63 TFEU – Freedom of establishment – Free movement of capital – Calculation of the taxable income of companies – Persons having a relationship of interdependence – Unusual advantage granted by a resident branch to a non-resident company – Correction of the taxable income of the branch of a non-resident company – No correction of taxable income in the event of an identical advantage granted by a branch to a resident company – Principle of free competition – Restriction on freedom of establishment – Justification – Balanced allocation of the power to tax between Member States – Proportionality
Request for a preliminary ruling from the Tribunalul Cluj
Language of the case: Romanian
| Summary |
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Judgment of the Court (Sixth Chamber) of 8 October 2020
ECLI:EU:C:2020:806 |
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Case C-568/19 MO v Subdelegación del Gobierno en Toledo (Consequences of the judgment in Zaizoune)
Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/EC – Common standards and procedures for returning illegally staying third-country nationals – Article 6(1) and Article 8(1) – Illegal stay – National legislation providing for either a fine or removal, depending on the circumstances – Consequences of the judgment of 23 April 2015, Zaizoune (C‑38/14, EU:C:2015:260) – National legislation more favourable to the interested party – Direct effect of directives – Limits
Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha
Language of the case: Spanish
| Summary |
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Judgment of the Court (Sixth Chamber) of 8 October 2020
ECLI:EU:C:2020:807 |
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Case C-602/19 kohlpharma v Bundesrepublik Deutschland
Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Quantitative restrictions – Measures having equivalent effect – Refusal to approve an amendment to the particulars and documents relating to a medicinal product which is the subject of a parallel import licence – Protection of the health and life of humans – Directive 2001/83/EC
Request for a preliminary ruling from the Verwaltungsgericht Köln
Language of the case: German
| Summary |
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Judgment of the Court (Fourth Chamber) of 8 October 2020
ECLI:EU:C:2020:804 |
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Case C-641/19 EU v PE Digital
Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Point 11 of Article 2, Article 14(3) and Article 16(m) – Distance contract – Supply of digital content and digital services – Right of withdrawal – Obligations of the consumer in the event of withdrawal – Determination of the amount to be paid by the consumer for the services provided before the exercise of the right of withdrawal – Exception to the right of withdrawal in the case of the supply of digital content
Request for a preliminary ruling from the Amtsgericht Hamburg
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 8 October 2020
ECLI:EU:C:2020:808 |
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Case C-644/19 FT v Universitatea „Lucian Blaga” Sibiu and Others
Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Articles 1, 2 and 3 – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Measure taken by a university pursuant to national law – Retention of tenured lecturer status beyond the statutory retirement age – Possibility restricted to lecturers with doctoral supervisor status – Lecturers who do not have this status – Fixed-term employment contracts – Lower remuneration than for tenured lecturers
Request for a preliminary ruling from the Curtea de Apel Alba Iulia
Language of the case: Romanian
| Summary |
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Judgment of the Court (Eighth Chamber) of 8 October 2020
ECLI:EU:C:2020:810 |
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Case C-657/19 Finanzamt D v E
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Exemptions – Article 132(1)(g) – Supply of services closely linked to welfare and social security work – Preparation of expert reports on the level of care and support needs – Taxable person appointed by the medical service of a care and support insurance fund – Bodies recognised as being devoted to social wellbeing
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 8 October 2020
ECLI:EU:C:2020:811 |
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Case C-711/19 Admiral Sportwetten and Others v Magistrat der Stadt Wien
Reference for a preliminary ruling – Directive (EU) 2015/1535 – Article 1 – Procedure for the provision of information in the field of technical regulations and of rules on Information Society services – Definition of ‘technical regulation’ – Games of chance – Local duty on the operation of betting terminals – Tax rule – European Commission not notified – Enforceability against the taxpayer
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Judgment of the Court (Ninth Chamber) of 8 October 2020
ECLI:EU:C:2020:812 |
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Case C-681/18 JH v KG (Successive assignments in the context of temporary agency work)
Reference for a preliminary ruling – Social policy – Directive 2008/104/EC – Temporary agency work – Article 5(5) – Equal treatment – Appropriate measures to prevent misuse of temporary agency work – Obligation for Member States to prevent successive assignments – No limits in national law – Requirement to interpret national law in conformity with EU law
Request for a preliminary ruling from the Tribunale ordinario di Brescia
Language of the case: Italian
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Opinion of Advocate General Sharpston delivered on 23 April 2020
ECLI:EU:C:2020:300 |
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Judgment of the Court (Second Chamber) of 14 October 2020
ECLI:EU:C:2020:823 |
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Case C-629/19 Sappi Austria Produktion and Wasserverband “Region Gratkorn-Gratwein” v Landeshauptmann von Steiermark
Reference for a preliminary ruling – Environment – Waste – Directive 2008/98/EC – Article 2(2)(a), point 1 of Article 3 and Article 6(1) – Waste water – Sewage sludge – Scope – Concept of ‘waste’ – Cessation of waste status – Recovery or recycling operation
Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark
Language of the case: German
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Judgment of the Court (Second Chamber) of 14 October 2020
ECLI:EU:C:2020:824 |
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Case C-677/19 Valoris v DGRFP Craiova - Vâlcea and Administraţia Fondului pentru Mediu
Reference for a preliminary ruling – Principles of EU law – Principle of sincere cooperation – Principles of equivalence and effectiveness – Recovery of taxes levied by a Member State in breach of EU law – Time limit for lodging applications for reimbursement of such taxes – No similar time limit for the reimbursement of sums levied by that Member State in breach of national law
Request for a preliminary ruling from the Tribunalul Vâlcea
Language of the case: Romanian
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Judgment of the Court (Sixth Chamber) of 14 October 2020
ECLI:EU:C:2020:825 |
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Case C-778/18 Association française des usagers de banques v Ministre de l'Économie et des Finances
Reference for a preliminary ruling – Consumer protection – Payment services in the internal market – Directive 2007/64/EC – Article 45 – Directive (EU) 2015/2366 – Article 55 – Termination of a framework contract – Directive 2014/17/EU – Credit agreements for consumers relating to residential immovable property – Article 12(1), (2)(a) and (3) – Tying practices – Bundling practices – Directive 2014/92/EU – Payment accounts – Articles 9 to 14 – Account switching – Obligation to deposit income on a payment account held with the lender during a period fixed by the credit agreement as consideration for an individual advantage – Duration of the obligation – Loss of the individual advantage in the event of early termination of the account
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
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Opinion of Advocate General Saugmandsgaard Øe delivered on 27 February 2020
ECLI:EU:C:2020:120 |
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Judgment of the Court (Fifth Chamber) of 15 October 2020
ECLI:EU:C:2020:831 |
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Case C-117/19 Linas Agro v Muitinės departamentas prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling – Customs union – Implementing Regulation (EU) No 999/2014 – Definitive anti-dumping duty on imports of solid fertilisers with an ammonium nitrate content exceeding 80% by weight – Definition – Regulation (EC) No 945/2005 – Determination of the ammonium nitrate content – Presumption that a product with a nitrogen content exceeding 28% by weight has an ammonium nitrate content exceeding 80% by weight
Request for a preliminary ruling from the Mokestinių ginčų komisija prie Lietuvos Respublikos vyriausybės
Language of the case: Lithuanian
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Judgment of the Court (Ninth Chamber) of 15 October 2020
ECLI:EU:C:2020:833 |
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Case C-335/19 E. v Minister Finansów (VAT – Reduction of the taxable amount)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 90 – Reduction of the VAT taxable amount – Total or partial non-payment of the price – Conditions imposed by national legislation for the exercise of the right to reduction – Condition that the debtor must not be the subject of insolvency or winding-up proceedings – Condition that the creditor and the debtor must be subject to VAT
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Opinion of Advocate General Kokott delivered on 4 June 2020
ECLI:EU:C:2020:424 |
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Judgment of the Court (First Chamber) of 15 October 2020
ECLI:EU:C:2020:829 |
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Case C-543/19 Jebsen & Jessen v Hauptzollamt Hamburg
Reference for a preliminary ruling – Customs union – Regulation (EEC) No 2913/92 – Article 78 – Article 236(1) – Import procedure – Revision of the customs declaration – Commercial policy – Anti-dumping – Implementing Regulation (EU) 2015/82 – Definitive anti-dumping duty – Price undertakings – Exemption – Article 2(1) – Condition to submit an undertaking invoice – Failure to mention an element listed in the Annex to Implementing Regulation 2015/82
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
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Opinion of Advocate General Hogan delivered on 9 July 2020
ECLI:EU:C:2020:555 |
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Judgment of the Court (Fourth Chamber) of 15 October 2020
ECLI:EU:C:2020:830 |
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Case C-529/19 Möbel Kraft v ML
Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Article 16(c) – Right of withdrawal – Exceptions – Goods made to the consumer’s specifications or clearly personalised – Goods which the trader has begun to produce
Request for a preliminary ruling from the Amtsgericht Potsdam
Language of the case: German
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Judgment of the Court (Sixth Chamber) of 21 October 2020
ECLI:EU:C:2020:846 |
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Case C-556/19 Eco TLC v Ministre de la Transition écologique et solidaire and Ministre de l’Économie et des Finances
Reference for a preliminary ruling – State aid – Article 107(1) TFEU – Concept of ‘State resources’ – Increased responsibility of producers – Eco-body approved by the public authorities to collect financial contributions from those who place on the market certain products in order to be able to fulfil, on their behalf, their legal obligation to treat waste from those products – Financial support paid by that eco-body to contractually bound sorting operators
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
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Opinion of Advocate General Pitruzzella delivered on 28 May 2020
ECLI:EU:C:2020:399 |
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Judgment of the Court (First Chamber) of 21 October 2020
ECLI:EU:C:2020:844 |
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Case C-720/18 and C-721/18 Ferrari v DU
Reference for a preliminary ruling – Approximation of laws – Trade marks – Directive 2008/95/EC – Article 12(1) – Genuine use of trade mark – Burden of proof – Article 13 – Proof of use ‘in respect of some of the goods or services’ – Trade mark covering a car model the production of which has stopped – Use of the trade mark in respect of replacement parts as well as for services relating to that model – Use of the trade mark for used vehicles – Article 351 TFEU – Convention between the Federal Republic of Germany and the Swiss Confederation – Reciprocal protection of patents, designs and trade marks
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
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Judgment of the Court (Fourth Chamber) of 22 October 2020
ECLI:EU:C:2020:854 |
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Case C-275/19 Sportingbet and Internet Opportunity Entertainment v Santa Casa da Misericórdia de Lisboa
Reference for a preliminary ruling – Procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services – Notion of ‘technical regulation’ – Obligation on Member States to notify the European Commission of all draft technical regulations – Technical regulations which have not been notified cannot be enforced against individuals – Inapplicability to service providers
Request for a preliminary ruling from the Supremo Tribunal de Justiça
Language of the case: Portuguese
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Judgment of the Court (Ninth Chamber) of 22 October 2020
ECLI:EU:C:2020:856 |
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Case C-702/19 P Silver Plastics and Johannes Reifenhäuser v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Retail food packaging market – Decision finding an infringement of Article 101 TFEU – Regulation (EC) No 1/2003 – Article 23 – Article 6 of the European Convention on Human Rights – Fundamental right to a fair trial – Principle of equality of arms – Right ‘to an examination in person’ – Hearing of witnesses – Statement of reasons – Single and continuous infringement – Upper limit of fine
Language of the case: German
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Judgment of the Court (Ninth Chamber) of 22 October 2020
ECLI:EU:C:2020:857 |
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Case C-521/18 Pegaso and Others v Poste Tutela
Reference for a preliminary ruling – Procurement in the water, energy, transport and postal services sectors – Directive 2014/25/EU – Article 13 – Activities relating to the provision of postal services – Contracting entities – Public undertakings – Admissibility
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
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Opinion of Advocate General Bobek delivered on 23 April 2020
ECLI:EU:C:2020:306 |
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Judgment of the Court (Fifth Chamber) of 28 October 2020
ECLI:EU:C:2020:867 |
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Case C-112/19 Marvin M. v Kreis Heinsberg
Reference for a preliminary ruling – Directive 2006/126/EC – Article 2(1) and Article 11(4) – Driving licence – Mutual recognition – Extent of the obligation to recognise – Driving licence having been the subject of an exchange – Exchange made at a time when the right to drive had been withdrawn by the issuing Member State – Fraud – Refusal to recognise the driving licence issued in the context of the exchange
Request for a preliminary ruling from the Verwaltungsgericht Aachen
Language of the case: German
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Judgment of the Court (Tenth Chamber) of 28 October 2020
ECLI:EU:C:2020:864 |
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Case C-321/19 BY and CZ v Bundesrepublik Deutschland (Determination of toll rates for the use of motorways)
Reference for a preliminary ruling – Directive 1999/62/EC – Directive 2006/38/EC – Charging of heavy goods vehicles for the use of certain infrastructures – Article 7(9) – Article 7a(1) and (2) – Tolls – Principle of the recovery of infrastructure costs – Infrastructure costs – Operating costs – Costs related to traffic police – Cost overrun – Direct effect – Ex post justification of an excessive toll rate – Limitation of the temporal effects of the judgment
Request for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen
Language of the case: German
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Opinion of Advocate General Saugmandsgaard Øe delivered on 18 June 2020
ECLI:EU:C:2020:480 |
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Judgment of the Court (First Chamber) of 28 October 2020
ECLI:EU:C:2020:866 |
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Case C-608/19 INAIL v Zennaro Giuseppe Legnami
Reference for a preliminary ruling – State aid – Regulation (EU) No 1407/2013 – Article 3 – De minimis aid – Article 6 – Monitoring – Undertakings exceeding the de minimis ceiling because of cumulation with aid obtained previously – Option of choosing between reduction and forgoing previous aid so as to comply with the de minimis ceiling
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Eighth Chamber) of 28 October 2020
ECLI:EU:C:2020:865 |
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Case C-637/19 BY v CX (Photographic evidence)
Reference for a preliminary ruling – Copyright and related rights – Directive 2001/29/EC – Information society – Harmonisation of certain aspects of copyright and related rights – Article 3(1) – Communication to the public – Notion of ‘public’ – Transmission by electronic means to a court of a protected work as evidence in court proceedings
Request for a preliminary ruling from the Svea Hovrätt – Patent- och marknadsöverdomstolen
Language of the case: Swedish
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Opinion of Advocate General Hogan delivered on 3 September 2020
ECLI:EU:C:2020:650 |
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Judgment of the Court (Fifth Chamber) of 28 October 2020
ECLI:EU:C:2020:863 |
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Case C-243/19 A v Veselības ministrija
Reference for a preliminary ruling – Social security – Regulation (EC) No 883/2004 – Article 20(2) – Directive 2011/24/EU – Article 8(1), (5) and (6)(d) – Health insurance – Hospital care provided in a Member State other than the Member State of affiliation – Refusal of prior authorisation – Hospital treatment which can be provided effectively in the Member State of affiliation – Article 21 of the Charter of Fundamental Rights of the European Union – Difference in treatment based on religion
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
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Opinion of Advocate General Hogan delivered on 30 April 2020
ECLI:EU:C:2020:325 |
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Judgment of the Court (Second Chamber) of 29 October 2020
ECLI:EU:C:2020:872 |
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Case C-576/19 P Intercept Pharma and Intercept Pharmaceuticals v EMA
Appeal – Access to documents of the institutions, bodies, offices or agencies of the European Union – Regulation (EC) No 1049/2001 – Second indent of Article 4(2) – Exception relating to the protection of court proceedings – First indent of Article 4(2) – Exception relating to the protection of commercial interests – Documents submitted in the context of a marketing authorisation application for a medicinal product for human use – Decision to grant a third party access to the documents
Language of the case: English
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Judgment of the Court (Ninth Chamber) of 29 October 2020
ECLI:EU:C:2020:873 |
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Information (on unpublished decisions)
Case C-157/19 P Makhlouf v Council
Appeal – Common foreign and security policy – Restrictive measures taken against the Syrian Arab Republic – Measures directed against influential businessmen and women engaged in activities in Syria – List of persons subject to the freezing of funds and economic resources – Inclusion of the appellant’s name – Action for annulment
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Judgment of the Court (Eighth Chamber) of 1 October 2020 ECLI:EU:C:2020:777 |
Case C-158/19 P Othman v Council
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Judgment of the Court (Eighth Chamber) of 1 October 2020 ECLI:EU:C:2020:778 |
Case C-159/19 P Syriatel Mobile Telecom v Council
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Judgment of the Court (Eighth Chamber) of 1 October 2020 ECLI:EU:C:2020:779 |
Case C-260/19 P Bena Properties v Council
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Judgment of the Court (Eighth Chamber) of 1 October 2020 ECLI:EU:C:2020:780 |
Case C-261/19 P Cham Holding v Council
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Judgment of the Court (Eighth Chamber) of 1 October 2020 ECLI:EU:C:2020:781 |
Case C-348/19 P Drex Technologies v Council
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Judgment of the Court (Eighth Chamber) of 1 October 2020 ECLI:EU:C:2020:782 |
Case C-349/19 P Almashreq Investment Fund v Council
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Judgment of the Court (Eighth Chamber) of 1 October 2020 ECLI:EU:C:2020:783 |
Case C-350/19 P Souruh v Council
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Judgment of the Court (Eighth Chamber) of 1 October 2020 ECLI:EU:C:2020:784 |
Case C-612/19 P CC v Parliament
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Judgment of the Court (Sixth Chamber) of 1 October 2020 ECLI:EU:C:2020:776 |
Case C-113/20 Slovenský plynárenský priemysel v Finančné riaditeľstvo Slovenskej republiky
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Directive 90/435/EEC – Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States – Scope ratione temporis – Corporation tax relating to a period prior to the date of accession of a Member State to the European Union – Tax adjustment issued after the date of accession
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Order of the Court (Sixth Chamber) of 1 October 2020 ECLI:EU:C:2020:772 |
Case C-158/20 P Whitehead and Evans v Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union – UK citizens residing in another EU Member State – 2019 European elections – Request made to Council of the European Union to postpone the European elections – Actions for failure to act – No locus standi – Action dismissed by the General Court as inadmissible – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Ninth Chamber) of 1 October 2020 ECLI:EU:C:2020:773 |
Case C-623/18 Prokuratura Rejonowa w Słubicach v BQ
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Interpretation of EU law required for the referring court to give judgment – None – Manifest inadmissibility
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Order of the Court (Eighth Chamber) of 6 October 2020 ECLI:EU:C:2020:800 |
Case C-284/20 P Bergslagernas Järnvaru v EUIPO
Appeal – Community design – Whether appeals may be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 6 October 2020 ECLI:EU:C:2020:799 |
Case C-621/19 Finančné riaditeľstvo Slovenskej republiky v Weindel Logistik Service
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Order of the Court (Eighth Chamber) of 8 October 2020 ECLI:EU:C:2020:814 |
Case C-201/20 P(R) Junqueras i Vies v Parliament
Appeal – Application for interim relief – Institutional law – Members of the European Parliament – Disqualification from holding office following a criminal conviction – Decision of the President of the European Parliament finding the seat to be vacant – Application for annulment – Fumus boni juris
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Order of the Vice-President of the Court of 8 October 2020 ECLI:EU:C:2020:818 |
Case C-394/19 PN and Others v CPAS d’Anderlecht
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court – Citizenship of the European Union – Right of EU citizens and their family members to move and reside freely within the territory of a Member State – Directive 2004/38/EC – Article 3 – Beneficiaries – Incorrect transposition – Liability of a Member State in the event of infringement of EU law – Grant of social assistance as compensation for the damage suffered – Manifest inadmissibility
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Order of the Court (Sixth Chamber) of 12 October 2020 ECLI:EU:C:2020:820 |
Case C-313/20 P Abarca v EUIPO
Appeal – EU trade mark – Admission of appeals – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may succeed) of 13 October 2020 ECLI:EU:C:2020:821 |
Case C-447/19 P Close and Cegelec v Parliament
Appeal – Action for annulment – Public works contracts of the European Union – Tender procedure – Extension and refurbishment work on the Konrad Adenauer building in Luxembourg – Scope of the contracting authority’s obligation to inform the tenderer who has not been awarded the contract – Statement of reasons
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Judgment of the Court (Tenth Chamber) of 14 October 2020 ECLI:EU:C:2020:826 |
Case C-813/18 P Deza v Commission
Appeal – Environment – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of substances and mixtures – Regulation (EU) 2017/776 – Classification of anthraquinone – Substance suspected to have carcinogenic potential for humans – Errors of interpretation and application of Regulation 1272/2008 and the principle of legal certainty – Distortion of the facts and of the evidence – Scope of review
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Judgment of the Court (Seventh Chamber) of 15 October 2020 ECLI:EU:C:2020:832 |
Case C-396/19 P ECB v Espírito Santo Financial Group
Appeal – Decision 2004/258/EC – Article 4(1)(a) – Protocol on the Statute of the European System of Central Banks and of the European Central Bank (ECB) – Article 10.4 – Access to ECB documents – Decision of the Governing Council – Confidentiality of the meetings and deliberations of ECB bodies – Outcome of deliberations – Partial refusal of access – Undermining of the protection of the public interest – Obligation to state reasons
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Judgment of the Court (Sixth Chamber) of 21 October 2020 ECLI:EU:C:2020:845 |
Case C-720/19 GR v Stadt Duisburg (Maintenance of rights acquired after naturalisation)
Reference for a preliminary ruling – EEC-Turkey Association Agreement – Decision No 1/80 – Article 7, first paragraph – Right of residence of family members of a Turkish worker legally employed in a Member State – Naturalisation of the family member concerned in the host Member State – Maintenance of the right of residence – Acquired rights
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Judgment of the Court (Sixth Chamber) of 21 October 2020 ECLI:EU:C:2020:847 |
Case C-386/20 P eSky Group IP v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 21 October 2020 ECLI:EU:C:2020:849 |
Case C-273/19 P EKETA v Commission
Appeal – Arbitration clause – Regulation (EC, Euratom) No 1605/2002 – Article 52 – Regulation (EC) No 2321/2002 – Decision No 1513/2002/EC – Grant agreement – Sensation project – Sixth Framework Programme – Eligible costs – Conflict of interests – Burden of proof – Time sheets – Audit report – Probative value – Principle of sound financial management – Principle of proportionality
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Judgment of the Court (Tenth Chamber) of 22 October 2020 ECLI:EU:C:2020:852 |
Case C-274/19 P EKETA v Commission
Appeal – Arbitration clause – Regulation (EC, Euratom) No 1605/2002 – Regulation (EC, Euratom) No 2342/2002 – Regulation (EC) No 1906/2006 – Actibio grant agreement – Actibio project – Seventh Framework Programme – Eligible costs – Conflict of interests – Burden of proof – Time sheets – Audit report – Probative value – Principle of proportionality
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Judgment of the Court (Tenth Chamber) of 22 October 2020 ECLI:EU:C:2020:853 |
Case C-611/18 P Pirelli & C. v Commission
Appeal – Competition – Agreements, decisions and concerted practices – European market for power cables – Market allocation in connection with projects – Regulation (EC) No 1/2003 – Article 23(2) – Powers of the European Commission in the area of fines – Imputability of the infringement – Presumption of actual exercise of decisive influence – Obligation to state reasons – Fundamental rights – Beneficium ordinis seu excussionis – Unlimited jurisdiction
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Judgment of the Court (Seventh Chamber) of 28 October 2020 ECLI:EU:C:2020:868 |
Case C-313/19 P Associazione GranoSalus v Commission
Appeal – Placing of plant protection products on the market – Regulation (EC) No 1107/2009 – Renewal of the approval of the active substance glyphosate – Implementing Regulation (EU) 2017/2324 – Action for annulment brought by an association – Admissibility – Article 263, fourth paragraph, TFEU – Regulatory act not entailing implementing measures – Person directly concerned
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Judgment of the Court (First Chamber) of 28 October 2020 ECLI:EU:C:2020:869 |
Case C-716/19 ZA and Others v Repsol Comercial de Productos Petrolíferos
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Competition – Final decision of a national competition authority finding a practice restricting competition – Scope of the probative value of the facts examined and found – Lack of sufficient details concerning the factual and regulatory context of the main proceedings and the reasons justifying the need to reply to the questions referred for a preliminary ruling – Manifest inadmissibility
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Order of the Court (Seventh Chamber) of 28 October 2020 ECLI:EU:C:2020:870 |
Case C-84/20 P Sarantos and Others v Parliament and Council
Appeal – Article 181 of the Rules of Procedure of the Court – EU citizenship – Strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement – Regulation (EU) 2019/1157 – Action for annulment – Legal standing – Lack of individual concern – Article 19 of the Statute of the Court of Justice of the European Union – Obligation for a party to be represented by a lawyer – Applicant, also a lawyer, acting in his own name by signing the application himself, without engaging the services of a third-party lawyer to represent him – Appeal manifestly unfounded
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Order of the Court (Ninth Chamber) of 28 October 2020 ECLI:EU:C:2020:871 |
Case C-304/20 P Kerry Luxembourg v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 29 October 2020 ECLI:EU:C:2020:886 |
Case C-305/20 P Kerry Luxembourg v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 29 October 2020 ECLI:EU:C:2020:882 |
Case C-307/20 P Peek & Cloppenburg v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 29 October 2020 ECLI:EU:C:2020:883 |
Case C-308/20 P Peek & Cloppenburg v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 29 October 2020 ECLI:EU:C:2020:880 |
Case C-310/20 P Peek & Cloppenburg v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 29 October 2020 ECLI:EU:C:2020:884 |
Case C-311/20 P Peek & Cloppenburg v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 29 October 2020 ECLI:EU:C:2020:888 |
Case C-312/20 P Peek & Cloppenburg v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 29 October 2020 ECLI:EU:C:2020:885 |
November 2020
Case C-644/18 Commission v Italy (Limit values – PM10)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and persistent exceedance of limit values for microparticles (PM10) in certain Italian zones and agglomerations – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures
Language of the case: Italian
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Judgment of the Court (Grand Chamber) of 10 November 2020
ECLI:EU:C:2020:895 |
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Case C-809/18 P EUIPO v John Mills
Appeal – EU trade mark – Regulation (EC) No 207/2009 – Opposition proceedings – Relative ground for refusal – Article 8(3) – Scope – Identity or similarity of the mark applied for to the earlier mark – EU word mark MINERAL MAGIC – Application for registration by the agent or representative of the proprietor of the earlier mark – Earlier national word mark MAGIC MINERALS BY JEROME ALEXANDER
Language of the case: English
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Opinion of Advocate General Pitruzzella delivered on 30 April 2020
ECLI:EU:C:2020:329 |
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Judgment of the Court (Fifth Chamber) of 11 November 2020
ECLI:EU:C:2020:902 |
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Case C-61/19 Orange Romania v ANSPDCP
Reference for a preliminary ruling – Directive 95/46/EC – Article 2(h) and Article 7(a) – Regulation (EU) 2016/679 – Article 4(11) and Article 6(1)(a) – Processing of personal data and protection of private life 20220737 – Collection and storage of the copies of identity documents by a provider of mobile telecommunications services – Concept of the data subject’s ‘consent’ – Freely given, specific and informed indication of wishes – Declaration of consent by means of a tick box – Signing of the contract by the data subject – Burden of proof
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Szpunar delivered on 4 March 2020
ECLI:EU:C:2020:158 |
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Judgment of the Court (Second Chamber) of 11 November 2020
ECLI:EU:C:2020:901 |
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Case C-287/19 DenizBank v Verein für Konsumenteninformation
Reference for a preliminary ruling – Consumer protection – Directive (EU) 2015/2366 – Payment services in the internal market – Article 4(14) – Concept of ‘payment instrument’ – Personalised multifunctional bank cards – Near-field communication (NFC) functionality – Article 52(6)(a) and Article 54(1) – Information to be provided to users – Change in the conditions of a framework contract – Tacit consent – Article 63(1)(a) and (b) – Rights and obligations related to payment services – Derogation for low-value payment instruments – Conditions under which applicable – Payment instrument that does not allow its blocking – Payment instrument used anonymously – Limitation of the temporal effects of the judgment
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 30 April 2020
ECLI:EU:C:2020:322 |
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Judgment of the Court (First Chamber) of 11 November 2020
ECLI:EU:C:2020:897 |
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Case C-300/19 UQ v Marclean Technologies
Reference for a preliminary ruling – Social policy – Collective redundancies – Directive 98/59/EC – Article 1(1), first subparagraph, (a) – Concept of ‘collective redundancies’ – Methods of calculating the number of redundancies – Reference period to take into account
Request for a preliminary ruling from the Juzgado de lo Social de Barcelona
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Bobek delivered on 11 June 2020
ECLI:EU:C:2020:451 |
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Judgment of the Court (First Chamber) of 11 November 2020
ECLI:EU:C:2020:898 |
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Case C-433/19 Ellmes Property Services v SP
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Jurisdiction, recognition and enforcement of judgments in civil and commercial matters – Article 24, point 1 – Exclusive jurisdiction in matters relating to rights in rem in immovable property – Article 7, point 1(a) – Special jurisdiction in matters relating to a contract – Legal action brought by a co-owner seeking an order that another co-owner cease the use, for touristic purposes, of immovable property subject to co-ownership
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 18 June 2020
ECLI:EU:C:2020:482 |
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Judgment of the Court (First Chamber) of 11 November 2020
ECLI:EU:C:2020:900 |
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Case C-42/19 Sonaecom v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Value added tax (VAT) – Sixth Directive 77/388/EEC – Article 4 – Concept of ‘taxable person’ – Mixed holding company – Article 17 – Right to deduct input VAT – Input VAT paid by a mixed holding company in respect of consultancy services relating to a market study with a view to the possible acquisition of shareholdings in other companies – Abandonment of proposed acquisition – Input VAT paid on a bank commission for organising and putting together a bond loan, intended to provide subsidiaries with the necessary means to make investments – Investments not made
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Kokott delivered on 14 May 2020
ECLI:EU:C:2020:378 |
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Judgment of the Court (First Chamber) of 12 November 2020
ECLI:EU:C:2020:913 |
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Case C-427/19 Bulstrad Vienna Insurance Group v Olympic Insurance Company
Reference for a preliminary ruling – Directive 2009/138/EC – Article 274 – Law applicable to winding-up proceedings with regard to insurance undertakings – Withdrawal of the authorisation of an insurance company – Appointment of a provisional liquidator – Concept of ‘decision to open winding-up proceedings with regard to an insurance undertaking’ – Absence of a court decision to open winding-up proceedings in the home Member State – Stay of court proceedings with regard to the insurance undertaking concerned in Member States other than its home Member State
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Hogan delivered on 16 July 2020
ECLI:EU:C:2020:589 |
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Judgment of the Court (First Chamber) of 12 November 2020
ECLI:EU:C:2020:914 |
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Case C-734/19 ITH Comercial Timişoara v Agenţia Naţională de Administrare Fiscală - Direcţia Generală Regională a Finanţelor Publice Bucureşti and Administraţia Sector 1 a Finanţelor Publice
Request for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Deduction of input tax – Abandonment of the activity initially intended – Adjustment of deductions of input VAT – Real estate activity
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
| Summary |
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Judgment of the Court (Eighth Chamber) of 12 November 2020
ECLI:EU:C:2020:919 |
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Case C-796/19 Commission v Austria (Railway safety authority)
Failure of a Member State to fulfil obligations – Directive 2007/59/EC – Certification of train drivers – Article 3(a) – Competent national authority – Directive 2004/49/EC – Article 16(1) – Safety authority – Designation of several authorities
Language of the case: German
| Summary |
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Judgment of the Court (Tenth Chamber) of 12 November 2020
ECLI:EU:C:2020:920 |
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Case C-367/20 SP v KLM Royal Dutch Airlines
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Article 5(1)(c) – Article 7(1) – Right to compensation – Long delay in arrival – Flight reserved through a Community air carrier involving two flights, operated by different air carriers, departing from a third country for a Member State – Long delay which occurred during the first flight operated, under a code-share agreement, by an air carrier established in a third country – Action brought for compensation against the Community carrier
Request for a preliminary ruling from the Amtsgericht Hamburg
Language of the case: German
| Summary |
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Order of the Court (Ninth Chamber) of 12 November 2020
ECLI:EU:C:2020:909 |
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Case C-77/19 Kaplan International colleges UK v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(f) – Exemption of supplies of services made by independent groups of persons to their members – Applicability to VAT groups – Article 11 – VAT group
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 23 April 2020
ECLI:EU:C:2020:302 |
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Judgment of the Court (Second Chamber) of 18 November 2020
ECLI:EU:C:2020:934 |
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Case C-147/19 Atresmedia Corporación de Medios de Comunicación v AGEDI and AIE
Reference for a preliminary ruling – Intellectual property – Rights related to copyright – Directive 92/100/EEC – Article 8(2) – Directive 2006/115/EC – Article 8(2) – Communication to the public of an audiovisual work incorporating a phonogram or a reproduction of a phonogram – Single equitable remuneration
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Tanchev delivered on 16 July 2020
ECLI:EU:C:2020:597 |
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Judgment of the Court (Fifth Chamber) of 18 November 2020
ECLI:EU:C:2020:935 |
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Case C-299/19 Techbau v Azienda Sanitaria Locale AL
Reference for a preliminary ruling – Combating late payments in commercial transactions – Directive 2000/35/EC – Concept of ‘commercial transactions’ – Concepts of ‘delivery of goods’ and ‘provision of services’ – Article 1 and first subparagraph of Article 2(1) – Public works contract
Request for a preliminary ruling from the Tribunale ordinario di Torino
Language of the case: Italian
| Summary |
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Judgment of the Court (Ninth Chamber) of 18 November 2020
ECLI:EU:C:2020:937 |
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Case C-463/19 Syndicat CFTC du personnel de la Caisse primaire d’assurance maladie de la Moselle v Caisse primaire d’assurance maladie de Moselle
Reference for a preliminary ruling – Social policy – Directive 2006/54/EC – Equal opportunities and equal treatment of men and women in employment and occupation – Articles 14 and 28 – National collective agreement granting the right to leave following the statutory maternity leave for female workers who bring up their children on their own – Exclusion of male workers from the right to that leave – Protection of female workers as regards both the consequences of pregnancy and the condition of maternity – Conditions under which applicable
Request for a preliminary ruling from the Conseil de prud'hommes de Metz
Language of the case: French
| Summary |
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Opinion of Advocate General Bobek delivered on 9 July 2020
ECLI:EU:C:2020:550 |
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Judgment of the Court (First Chamber) of 18 November 2020
ECLI:EU:C:2020:932 |
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Case C-519/19 Ryanair DAC v DelayFix
Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EU) No 1215/2012 – Contract of transport by air – Jurisdiction clause agreed to by the passenger as a consumer – Claim made by the passenger against the airline – Assignment of that claim to a collection agency – Enforceability of the jurisdiction clause by the airline against the assignee company of that passenger’s claim – Directive 93/13/EEC
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
| Summary |
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Judgment of the Court (First Chamber) of 18 November 2020
ECLI:EU:C:2020:933 |
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Case C-663/18 Criminal proceedings against Ministère public and Conseil national de l'ordre des pharmaciens (Marketing of cannabidiol (CBD))
Reference for a preliminary ruling – Free movement of goods – Common organisation of the markets in the flax and hemp sector – Exceptions – Protection of public health – National legislation limiting the industrialisation and marketing of hemp solely to fibre and seeds – Cannabidiol (CBD)
Request for a preliminary ruling from the Cour d'appel d'Aix-En-Provence
Language of the case: French
| Summary |
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Opinion of Advocate General Tanchev delivered on 14 May 2020
ECLI:EU:C:2020:383 |
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Judgment of the Court (Fourth Chamber) of 19 November 2020
ECLI:EU:C:2020:938 |
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Case C-93/19 P EEAS v Hebberecht
Appeal – Civil service – Officials – European External Action Service (EEAS) – Policy of rotating officials – Position of Head of the European Union Delegation to Ethiopia – Decision refusing to extend the assignment to that position – Interests of the service – Principle of equal treatment – Positive discrimination in favour of the under-represented sex – Article 1d of the Staff Regulations of Officials of the European Union
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 23 April 2020
ECLI:EU:C:2020:305 |
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Judgment of the Court (Fourth Chamber) of 19 November 2020
ECLI:EU:C:2020:946 |
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Case C-238/19 EZ v Bundesrepublik Deutschland (Military service and asylum)
Reference for a preliminary ruling – Area of freedom, security and justice – Asylum policy – Directive 2011/95/EU – Conditions for granting refugee status – Refusal to perform military service – Article 9(2)(e) – Law of the country of origin which does not provide for the right to conscience objection – Protection of persons who have fled their country of origin after the expiry of the period for suspending military service – Article 9(3) – Connection between the reasons mentioned in Article 10 of that directive and the prosecution and punishment referred to in Article 9(2)(e) of that directive – Evidence
Request for a preliminary ruling from the Verwaltungsgericht Hannover
Language of the case: German
| Summary |
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Opinion of Advocate General Sharpston delivered on 28 May 2020
ECLI:EU:C:2020:404 |
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Judgment of the Court (Sixth Chamber) of 19 November 2020
ECLI:EU:C:2020:945 |
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Case C-454/19 Criminal proceedings against ZW
Reference for a preliminary ruling – Citizenship of the Union – Article 21 TFEU – Right to move and reside freely in the territory of the Member States – Criminal offence specifically concerning international child abduction – Restriction – Justification – Child protection – Proportionality
Request for a preliminary ruling from the Amtsgericht Heilbronn
Language of the case: German
| Summary |
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Opinion of Advocate General Hogan delivered on 4 June 2020
ECLI:EU:C:2020:430 |
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Judgment of the Court (Fourth Chamber) of 19 November 2020
ECLI:EU:C:2020:947 |
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Case C-775/19 5th AVENUE v Hauptzollamt Singen
Reference for a preliminary ruling – Customs union – Regulation (EEC) No 2913/92 – Community Customs Code – Article 29(1) and (3)(a) – Article 32(1)(c) and (5)(b) – Regulation (EEC) No 2454/93 – Article 157(2) – Customs valuation – Transaction value of imported goods – Concept of ‘condition of sale’ – Payment in return for the granting of an exclusive distribution right
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
| Summary |
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Judgment of the Court (Tenth Chamber) of 19 November 2020
ECLI:EU:C:2020:948 |
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Case C-59/19 Wikingerhof v Booking.com
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Jurisdiction – Article 7, points 1 and 2 – Special jurisdiction in matters relating to tort, delict or quasi-delict – Action seeking an injunction against commercial practices considered to be contrary to competition law – Allegation of abuse of a dominant position occurring in commercial practices covered by contractual provisions – Online accommodation booking platform booking.com
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 10 September 2020
ECLI:EU:C:2020:688 |
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Judgment of the Court (Grand Chamber) of 24 November 2020
ECLI:EU:C:2020:950 |
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Joined Cases C-225/19 and C-226/19 R.N.N.S. and K.A. v Minister van Buitenlandse Zaken
References for a preliminary ruling – Area of freedom, security and justice – Community Code on Visas – Regulation (EC) No 810/2009 – Article 32(1) to (3) – Decision to refuse a visa – Annex VI – Standard form – Statement of reasons – Threat to public policy, internal security or public health, or to the international relations of any of the Member States – Article 22 – Procedure of prior consultation of central authorities of other Member States – Objection to the issuing of a visa – Appeal against a decision to refuse a visa – Scope of judicial review – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy
Requests for a preliminary ruling from the Rechtbank Den Haag zittingsplaats Haarlem
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Pikamäe delivered on 9 September 2020
ECLI:EU:C:2020:679 |
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Judgment of the Court (Grand Chamber) of 24 November 2020
ECLI:EU:C:2020:951 |
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Case C-445/19 Viasat Broadcasting UK v TV2/Danmark and Denmark
Reference for a preliminary ruling – State aid – Public-service broadcaster – Article 106(2) TFEU – Services of general economic interest – Aid compatible with the internal market – Article 108(3) TFEU – Notification – Failure to notify – Recipient’s obligation to pay interest in respect of the period during which that aid was unlawful – Calculation of interest – Amounts to be included
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Kokott delivered on 3 September 2020
ECLI:EU:C:2020:644 |
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Judgment of the Court (Grand Chamber) of 24 November 2020
ECLI:EU:C:2020:952 |
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Case C-510/19 Criminal proceedings against AZ (Forgery of documents)
Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 6(2) – Concept of ‘executing judicial authority’ – Article 27(2) – Rule of speciality – Article 27(3)(g) and 27(4) – Derogation – Prosecution for an ‘offence other’ than that for which surrendered – Consent of the executing judicial authority – Consent of the Public Prosecutor’s Office of the executing Member State
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 25 June 2020
ECLI:EU:C:2020:494 |
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Judgment of the Court (Grand Chamber) of 24 November 2020
ECLI:EU:C:2020:953 |
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Case C-823/18 P Commission v GEA Group
Appeal – Agreements, decisions and concerted practices – European markets for tin-based heat stabilisers and for heat stabilisers with epoxised soybean oil and esters as their base – Price fixing, market allocation and exchange of commercially sensitive information – Application of the ceiling of 10% of turnover to one of the entities forming the undertaking – Annulment of the decision amending the fine imposed in the initial infringement decision – Fines – Concept of an ‘undertaking’ – Joint and several liability for payment of the fine – Principle of equal treatment – Date on which the fine is payable in the event of amendment
Language of the case: English
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 4 June 2020
ECLI:EU:C:2020:426 |
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Judgment of the Court (Second Chamber) of 25 November 2020
ECLI:EU:C:2020:955 |
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Case C-49/19 Commission v Portugal (Financing of universal service obligations)
Failure of a Member State to fulfil obligations – Electronic communications – Universal service and users’ rights relating to electronic communications networks and services – Directive 2002/22/EC – Networks and services – Article 13 – Financing of universal service obligations – Sharing mechanism – Principles of transparency, least market distortion, non-discrimination and proportionality
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Szpunar delivered on 28 May 2020
ECLI:EU:C:2020:402 |
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Judgment of the Court (Fifth Chamber) of 25 November 2020
ECLI:EU:C:2020:956 |
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Case C-269/19 Banca B. v A.A.A.
Reference for a preliminary ruling – Consumer protection – Unfair terms in consumer contracts – Directive 93/13/EEC – Consequences of a term being found to be unfair – Replacement of the unfair term – Method for calculating the variable interest rate – Whether permissible – Referral of the parties to negotiations
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
| Summary |
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Judgment of the Court (First Chamber) of 25 November 2020
ECLI:EU:C:2020:954 |
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Case C-302/19 Istituto nazionale della previdenza sociale v WS (Family benefits for the holder of a single permit)
Reference for a preliminary ruling – Directive 2011/98/EU – Rights for third country workers who hold single permits – Article 12 – Right to equal treatment – Social security – Legislation of a Member State excluding, for the purposes of determining entitlement to a family benefit, the family members of the holder of a single permit who do not reside in the territory of that Member State
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Opinion of Advocate General Tanchev delivered on 11 June 2020
ECLI:EU:C:2020:452 |
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Judgment of the Court (Fifth Chamber) of 25 November 2020
ECLI:EU:C:2020:957 |
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Case C-303/19 Istituto nazionale della previdenza sociale v VR (Family benefits for long-term residents)
Request for a preliminary ruling – Directive 2003/109/EC – Status of third-country nationals who are long-term residents – Article 11 – Right to equal treatment – Social security – Legislation of a Member State excluding, for the determination of rights to a family benefit, the family members of a long-term resident who do not reside in the territory of that Member State
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Opinion of Advocate General Tanchev delivered on 11 June 2020
ECLI:EU:C:2020:454 |
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Judgment of the Court (Fifth Chamber) of 25 November 2020
ECLI:EU:C:2020:958 |
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Case C-372/19 SABAM v Weareone.World and Wecandance
Reference for a preliminary ruling – Competition – Article 102 TFEU – Abuse of a dominant position – Concept of ‘unfair prices’ – Collective copyright-management company – De facto monopoly – Dominant position – Abuse – Performance of musical works at music festivals – Charging scheme based on gross receipts from ticket sales – Reasonableness in relation to the collective management company’s service – Determination of the share of the collective management company’s music repertoire actually performed
Request for a preliminary ruling from the Ondernemingsrechtbank Antwerpen
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 16 July 2020
ECLI:EU:C:2020:598 |
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Judgment of the Court (Fifth Chamber) of 25 November 2020
ECLI:EU:C:2020:959 |
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Case C-799/19 NI and Others v Sociálna poisťovňa
Reference for a preliminary ruling – Social policy – Directive 2008/94/EC – Articles 2 and 3 – Protection of employees in the event of the insolvency of their employer – Concepts of ‘employees’ outstanding claims’ and ‘insolvency of an employer’ – Accident at work – Death of the employee – Compensation for non-material damage – Recovery of the claim against the employer – Impossible – Guarantee institution
Request for a preliminary ruling from the Okresný súd Košice I
Language of the case: Slovak
| Summary |
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Judgment of the Court (Eighth Chamber) of 25 November 2020
ECLI:EU:C:2020:960 |
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Case C-787/18 Skatteverket v Sögård Fastigheter
Reference for a preliminary ruling – National legislation providing for the adjustment of value added tax (VAT) deductions by a taxable person other than the person who initially applied the deduction – Sale by a company to individuals of a building let by that company and by the company which previously owned the building – End of liability to VAT upon the sale of the building to individuals
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
| Summary |
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Judgment of the Court (Seventh Chamber) of 26 November 2020
ECLI:EU:C:2020:964 |
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Case C-807/19 Proceedings brought by DSK Bank and FrontEx International
Reference for a preliminary ruling – Article 99 of the Rules of Procedure – Consumer protection – Directive 93/13/EEC – Articles 3 and 6 to 8 – Directive 2008/48/EC – Article 22 – Unfair terms in consumer contracts – Examination by the national court of its own motion – National order for payment procedure
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
| Summary |
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Order of the Court (Sixth Chamber) of 26 November 2020
ECLI:EU:C:2020:967 |
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Case C-835/19 Autostrada Torino Ivrea Valle D’Aosta v Presidenza del Consiglio dei Ministri and Others
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Award of concession contracts – Directive 2014/23/EU – Article 2(1), first subparagraph – Article 30 – Freedom of contracting authorities to establish and organise the procedure leading to the choice of concessionaire – National legislation prohibiting the use of project financing for motorway concessions
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Order of the Court (Ninth Chamber) of 26 November 2020
ECLI:EU:C:2020:970 |
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Information (on unpublished decisions)
Joined Cases C-792/18 P and C-793/18 P Jalkh v Parliament
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Institutional law – Protocol on the Privileges and Immunities of the European Union – Articles 8 and 9 – Scope – Decision to waive parliamentary immunity – Conditions
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Order of the Court (Ninth Chamber) of 12 November 2020 ECLI:EU:C:2020:911 |
Case C-382/19 P Pethke v EUIPO
Appeal – Civil Service – Official – Internal reorganisation of the services of the European Union Intellectual Property Office (EUIPO) – Redeployment – Article 7 of the Staff Regulations of Officials of the European Union – Covert penalty – Interests of the service – Equivalence of posts – Obligation to state reasons – Distortion of the facts – Psychological harassment – Article 12a of the Staff Regulations of Officials of the European Union
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Judgment of the Court (Eighth Chamber) of 12 November 2020 ECLI:EU:C:2020:917 |
Case C-446/19 P Fleig v EEAS
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Judgment of the Court (Eighth Chamber) of 12 November 2020 ECLI:EU:C:2020:918 |
Case C-676/19 P Gollnisch v Parliament
Appeal – Law governing the institutions – European Parliament – Rules governing the payment of expenses and allowances to Members of the European Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid – Effects of a judgment of the Court
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Judgment of the Court (Seventh Chamber) of 12 November 2020 ECLI:EU:C:2020:916 |
Case C-842/19 Commission v Belgium (Income from foreign immovable property)
Failure of a Member State to fulfil obligations – Judgment of the Court establishing a failure to fulfil obligations – Non-compliance – Free movement of capital – Article 63 TFEU – Incompatibility of Belgian tax provisions concerning income from immovable property located abroad – Article 260(2) TFEU – Application for an order to pay a penalty payment and a lump sum
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Judgment of the Court (Sixth Chamber) of 12 November 2020 ECLI:EU:C:2020:915 |
Case C-85/20 P Lazarus v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – State aid – Aid implemented by Hungary in favour of undertakings employing disabled workers – Alleged decisions of the European Commission declaring the measure compatible with the internal market – Action for annulment – Deadline for lodging an appeal – Starting point – Awareness of the existence of the contested measure – Reasonable time in which to request the full text thereof – Definition of ‘actionable measure’ within the meaning of Article 263 TFEU – Inadmissibility of the application at first instance – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Sixth Chamber) of 12 November 2020 ECLI:EU:C:2020:912 |
Case C-170/20 SC Novart Engineering v Unitatea Administrativ Teritorială Municipiul Tulcea
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Directive 89/665/EEC – Review procedures in respect of the award of public supply and public works contracts – Scope – Directive 2014/24/EU – Article 4 – Threshold amount for public contracts – Contracts which may have some cross-border interest – No information enabling a useful answer – Request manifestly inadmissible
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Order of the Court (Tenth Chamber) of 12 November 2020 ECLI:EU:C:2020:908 |
Case C-446/20 P Katjes Fassin v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 12 November 2020 ECLI:EU:C:2020:910 |
Case C-371/19 Commission v Germany (VAT refund - Invoices)
Failure of a Member State to fulfil obligations – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 170 and Article 171(1) – VAT refund to taxable persons who are not established in the Member State in which they purchase goods and services or import goods subject to VAT but who are established in another Member State – Directive 2008/9/EC – Rules for the refund of VAT – Articles 9 and 10 – Article 15(1) – Article 20 – No copy of an invoice or an importation document – Systematic rejection of incomplete refund applications – Refusal to ask the taxable person to complete the application after the expiry of the time limit for submitting an application – Principle of fiscal neutrality – Principle of proportionality – Admissibility
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Judgment of the Court (Fifth Chamber) of 18 November 2020 ECLI:EU:C:2020:936 |
Case C-191/20 P Vizzone v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Representation of the parties – Capacity as a lawyer – Person connected with a professional organisation that is not among the forms of professional organisations recognised by the Member State in question – Manifest inadmissibility
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Order of the Court (Sixth Chamber) of 25 November 2020 ECLI:EU:C:2020:963 |
Case C-316/20 VO and Others v SATA International – Azores Airlines
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the General Court – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Article 3(3) – Scope – Not included – Passengers travelling for free or at a reduced fare not available directly or indirectly to the public
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Order of the Court (Ninth Chamber) of 26 November 2020 ECLI:EU:C:2020:966 |
Case C-318/20 Colt Technology Services and Others v Ministero della Giustizia and Others
Reference for a preliminary ruling – Principle of non‑discrimination on grounds of nationality – National legislation on pricing of interception activities ordered by judicial authorities – Failure to take into account the principle of full reimbursement of the costs of telecommunications operators – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Lack of sufficient details concerning the factual and regulatory framework of the main proceedings and the reasons justifying the need to reply to the questions referred for a preliminary ruling – Manifest inadmissibility
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Order of the Court (Tenth Chamber) of 26 November 2020 ECLI:EU:C:2020:969 |
Case C-418/20 P Scorify v EUIPO
Appeal – EU trade mark – Prior determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 26 November 2020 ECLI:EU:C:2020:968 |
December 2020
Case C-815/18 Federatie Nederlandse Vakbeweging v Van den Bosch Transporten and Others
Reference for a preliminary ruling – Directive 96/71/EC – Article 1(1) and (3) and Article 2(1) – Posting of workers in the framework of the provision of services – Drivers working in international road transport – Scope – Concept of ‘posted worker’ – Cabotage operations – Article 3(1), (3) and (8) – Article 56 TFEU – Freedom to provide services – Collective agreements declared universally applicable
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bobek delivered on 30 April 2020
ECLI:EU:C:2020:319 |
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Judgment of the Court (Grand Chamber) of 1 December 2020
ECLI:EU:C:2020:976 |
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Case C-461/18 P Changmao Biochemical Engineering v Distillerie Bonollo and Others
Appeal – Dumping – Imports of tartaric acid originating in China – Appeal brought by an intervener at first instance – Second sentence of the second paragraph of Article 56 of the Statute of the Court of Justice of the European Union – Partial interim review – Loss of market economy treatment during the review procedure – Modification of the definitive anti-dumping duty – Determination of the normal value – Article 11(9) of Regulation (EC) No 1225/2009 – Cross-appeal – Action for annulment brought by competing producers established in the European Union – Admissibility – Direct concern – Allocation of powers to comply with a judgment
Language of the case: English
| Summary |
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Opinion of Advocate General Tanchev delivered on 23 April 2020
ECLI:EU:C:2020:298 |
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Judgment of the Court (Second Chamber) of 3 December 2020
ECLI:EU:C:2020:979 |
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Case C-44/19 Repsol Petróleo v Administración General del Estado
Reference for a preliminary ruling – Directive 2003/96/EC – Taxation of energy products and electricity – Article 21(3) – Absence of chargeable event giving rise to taxation – Consumption of energy products within the curtilage of an establishment in which they were produced for the production of final energy products from which non-energy products are also inevitably produced
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Szpunar delivered on 23 April 2020
ECLI:EU:C:2020:309 |
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Judgment of the Court (Fifth Chamber) of 3 December 2020
ECLI:EU:C:2020:982 |
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Case C-62/19 Star Taxi App v Unitatea Administrativ Teritorială Municipiul Bucureşti prin Primar General and Consiliul General al Municipiului Bucureşti
Reference for a preliminary ruling – Article 56 TFEU – Applicability – Purely internal situation – Directive 2000/31/EC – Article 2(a) – Meaning of ‘Information Society services’ – Article 3(2) and (4) – Article 4 – Applicability – Directive 2006/123/EC – Services – Chapters III (Freedom of establishment for providers) and IV (Free movement of services) – Applicability – Articles 9 and 10 – Directive (EU) 2015/1535 – Article 1(1)(e) and (f) – Meaning of ‘rule on services’ – Meaning of ‘technical regulation’ – Article 5(1) – Failure to communicate in advance – Enforceability – Activity of connecting persons wishing to make urban journeys with authorised taxi drivers, by means of a smartphone application – Classification – National regulations subjecting that activity to prior authorisation
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Szpunar delivered on 10 September 2020
ECLI:EU:C:2020:692 |
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Judgment of the Court (Fourth Chamber) of 3 December 2020
ECLI:EU:C:2020:980 |
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Case C-311/19 BONVER WIN v Ministerstvo financí ČR
Reference for a preliminary ruling – Freedom to provide services – Restrictions – National legislation prohibiting the operation of gambling in certain places – Applicability of Article 56 TFEU – Existence of a cross-border element
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Opinion of Advocate General Szpunar delivered on 3 September 2020
ECLI:EU:C:2020:640 |
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Judgment of the Court (Fourth Chamber) of 3 December 2020
ECLI:EU:C:2020:981 |
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Case C-320/19 Ingredion Germany v Bundesrepublik Deutschland
Reference for a preliminary ruling – Environment – Directive 2003/87/EC – Greenhouse gas emission allowance trading scheme – Article 3(h) – New entrants – Article 10a – Transitional rules for free allocation of emission allowances – Decision 2011/278/EU – Article 18(1)(c) – Fuel-related activity level – Second subparagraph of Article 18(2) – Relevant capacity utilisation factor
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 18 June 2020
ECLI:EU:C:2020:486 |
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Judgment of the Court (Fifth Chamber) of 3 December 2020
ECLI:EU:C:2020:983 |
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Case C-352/19 P Région de Bruxelles-Capitale v Commission
Appeal – Regulation (EC) No 1107/2009 – Placing of plant protection products on the market – Implementing Regulation (EU) 2017/2324 – Renewal of the approval of the active substance glyphosate – Article 263 TFEU – Standing to bring proceedings of a regional body – Whether directly concerned
Language of the case: French
| Summary |
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Opinion of Advocate General Bobek delivered on 16 July 2020
ECLI:EU:C:2020:588 |
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Judgment of the Court (First Chamber) of 3 December 2020
ECLI:EU:C:2020:978 |
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Case C-767/19 Commission v Belgium (Markets in electricity and natural gas)
Failure of a Member State to fulfil obligations – Directives 2009/72/EC and 2009/73/EC – Internal market in electricity and natural gas – Effective separation between the operation of electricity and gas transmission networks, on the one hand, and supply and generation activities, on the other hand – Establishment of independent national regulatory authorities
Language of the case: French
| Summary |
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Judgment of the Court (Tenth Chamber) of 3 December 2020
ECLI:EU:C:2020:984 |
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Case C-620/18 Hungary v Parliament and Council
Action for annulment – Directive (EU) 2018/957 – Freedom to provide services – Posting of workers – Terms and conditions of employment – Remuneration – Duration of posting – Determination of the legal basis – Articles 53 and 62 TFEU – Amendment of an existing directive – Article 9 TFEU – Misuse of powers – Principle of non-discrimination – Necessity – Principle of proportionality – Extent of the principle of freedom to provide services – Road transport – Article 58 TFEU – Regulation (EC) No 593/2008 – Scope – Principles of legal certainty and legislative clarity
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 28 May 2020
ECLI:EU:C:2020:392 |
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Judgment of the Court (Grand Chamber) of 8 December 2020
ECLI:EU:C:2020:1001 |
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Case C-626/18 Poland v Parliament and Council
Action for annulment – Directive (EU) 2018/957 – Freedom to provide services – Posting of workers – Terms and conditions of employment – Remuneration – Duration of posting – Determination of the legal basis – Articles 53 and 62 TFEU – Amendment of an existing directive – Article 9 TFEU – Principle of non-discrimination – Necessity – Principle of proportionality – Regulation (EC) No 593/2008 – Scope – Road transport – Article 58 TFEU
Language of the case: Polish
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 28 May 2020
ECLI:EU:C:2020:394 |
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Judgment of the Court (Grand Chamber) of 8 December 2020
ECLI:EU:C:2020:1000 |
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Case C-584/19 Criminal proceedings against A and Others(Falsified transfer orders)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – European investigation order – Directive 2014/41/EU – Article 1(1) – Article 2(c)(i) and (ii) – Concepts of ‘judicial authority’ and ‘issuing authority’ – European investigation order issued by the public prosecutor’s office of a Member State – Independence from the executive
Request for a preliminary ruling from the Landesgericht für Strafsachen Wien
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 16 July 2020
ECLI:EU:C:2020:587 |
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Judgment of the Court (Grand Chamber) of 8 December 2020
ECLI:EU:C:2020:1002 |
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Case C-132/19 P Groupe Canal + v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Television distribution – Regulation (EC) No 1/2003 – Article 9 and Article 16(1) – Decision making commitments binding – Absolute territorial protection – Misuse of powers – Preliminary assessment – No obligation on the European Commission to take account of considerations relating to the application of Article 101(3) TFEU – Agreements intended to partition national markets – No obligation on the Commission to analyse the relevant national markets one by one – Proportionality – Adverse effect on the contractual rights of third parties
Language of the case: French
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 7 May 2020
ECLI:EU:C:2020:355 |
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Judgment of the Court (Second Chamber) of 9 December 2020
ECLI:EU:C:2020:1007 |
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Case C-488/18 Finanzamt Kaufbeuren mit Außenstelle Füssen v Golfclub Schloss Igling
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(m) – Exemption for ‘certain services closely linked to sport or physical education’ – Direct effect – Concept of ‘non-profit-making organisations’
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Hogan delivered on 7 November 2019
ECLI:EU:C:2019:942 |
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Judgment of the Court (Fourth Chamber) of 10 December 2020
ECLI:EU:C:2020:1013 |
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Case C-160/19 P Comune di Milano v Commission
Language of the case: Italian
| Summary |
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Opinion of Advocate General Kokott delivered on 16 July 2020
ECLI:EU:C:2020:591 |
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Judgment of the Court (Second Chamber) of 10 December 2020
ECLI:EU:C:2020:1012 |
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Case C-616/19 M.S. and Others v Minister for Justice and Equality (Application for international protection in Ireland)
Reference for a preliminary ruling – Area of freedom, security and justice – Asylum policy – Procedure for granting and withdrawing refugee status – Directive 2005/85/EC – Article 25(2) – Grounds for inadmissibility – Rejection by one Member State of an application for international protection as inadmissible due to the earlier grant to the applicant of subsidiary protection in another Member State – Regulation (EC) No 343/2003 – Regulation (EU) No 604/2013
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 3 September 2020
ECLI:EU:C:2020:648 |
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Rectification order of 24 March 2021
ECLI:EU:C:2021:235 |
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Judgment of the Court (First Chamber) of 10 December 2020
ECLI:EU:C:2020:1010 |
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Case C-620/19 Land Nordrhein-Westfalen v D.-H. T.
Reference for a preliminary ruling – Personal data – Regulation (EU) 2016/679 – Article 23 – Restrictions to the data subject’s rights – Significant financial interest – Enforcement of civil law claims – National legislation referring to the provisions of EU law – Tax data concerning a legal person – Lack of jurisdiction of the Court
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 3 September 2020
ECLI:EU:C:2020:649 |
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Judgment of the Court (First Chamber) of 10 December 2020
ECLI:EU:C:2020:1011 |
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Case C-735/19 Euromin Holdings (Cyprus)
Request for a preliminary ruling – Company law – Directive 2004/25/EC – Takeover bid – first and second subparagraphs of Article 5(4) – Protection of minority shareholders – Mandatory bid – Method of calculating the value of shares in order to determine the equitable price – Power to adjust the equitable price – Exceptions to the standard method of calculation in circumstances and in accordance with criteria that are clearly determined – Liability of the Member State concerned – Damage suffered by the offeror as a result of an excessively high bid
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Kokott delivered on 10 September 2020
ECLI:EU:C:2020:697 |
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Judgment of the Court (Fourth Chamber) of 10 December 2020
ECLI:EU:C:2020:1014 |
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Case C-774/19 A. B. and B. B. v Personal Exchange International
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Article 15(1) – Jurisdiction over consumer contracts – Concept of ‘consumer’ – Poker-playing contract concluded online between a natural person and an organiser of games of chance – Natural person earning a living from online poker games – Knowledge of that person – Regularity of the activity
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovenian
| Summary |
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Judgment of the Court (Sixth Chamber) of 10 December 2020
ECLI:EU:C:2020:1015 |
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Joined Cases C-597/18 P, C-598/18 P, C-603/18 P and C-604/18 P Council v K. Chrysostomides & Co. and Others
Appeals – Economic and monetary policy – Stability support programme for the Republic of Cyprus – Restructuring of Cypriot debt – Decision of the Governing Council of the European Central Bank (ECB) relating to emergency liquidity assistance following a request from the Central Bank of the Republic of Cyprus – Euro Group statements of 25 March, 12 April, 13 May and 13 September 2013 – Decision 2013/236/EU – Memorandum of understanding on specific economic policy conditionality concluded between the Republic of Cyprus and the European Stability Mechanism (ESM) – Right to property – Principle of the protection of legitimate expectations – Equal treatment – Non-contractual liability of the European Union
Language of the case: English
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 28 May 2020
ECLI:EU:C:2020:390 |
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Judgment of the Court (Grand Chamber) of 16 December 2020
ECLI:EU:C:2020:1028 |
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Case C-693/18 CLCV and Others (Defeat device on diesel engines)
Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 715/2007 – Article 3(10) – Article 5(2) – Defeat device – Motor vehicles – Diesel engines – Pollutant emissions – Programme acting on the electronic engine controller – Technologies and strategies to limit the production of pollutant emissions
Request for a preliminary ruling from the Juge d'instruction du tribunal de grande instance de Paris
Language of the case: French
| Summary |
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Opinion of Advocate General Sharpston delivered on 30 April 2020
ECLI:EU:C:2020:323 |
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Judgment of the Court (Second Chamber) of 17 December 2020
ECLI:EU:C:2020:1040 |
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Case C-808/18 Commission v Hungary (Reception of applicants for international protection)
Failure of a Member State to fulfil obligations – Area of freedom, security and justice – Policies on border checks, asylum and immigration – Directives 2008/115/EC, 2013/32/EU and 2013/33/EU – Procedure for granting international protection – Effective access – Border procedure – Procedural safeguards – Compulsory placement in transit zones – Detention – Return of illegally staying third-country nationals – Appeals brought against administrative decisions rejecting the application for international protection – Right to remain in the territory
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Pikamäe delivered on 25 June 2020
ECLI:EU:C:2020:493 |
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Judgment of the Court (Grand Chamber) of 17 December 2020
ECLI:EU:C:2020:1029 |
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Case C-216/19 WQ v Land Berlin (Payment entitlements linked to the CAP)
Reference for a preliminary ruling – Common agricultural policy – Regulation (EU) No 1307/2013 – Rules for direct payments to farmers under support schemes – Basic payment scheme – First sentence of Article 24(2) – Concept of ‘eligible hectare at the farmer’s disposal’ – Unlawful use of the area concerned by a third party – Article 32(2)(b)(ii) – Application for activation of payment entitlements for an afforested area – Concept of ‘area which gave a right to payments in 2008’ – Single payment scheme or single area payment scheme
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 17 December 2020
ECLI:EU:C:2020:1046 |
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Case C-218/19 Onofrei v Conseil de l’ordre des avocats au barreau de Paris and Others
Reference for a preliminary ruling – Free movement of persons – Freedom of establishment – Access to the profession of lawyer – Exemption from training and diploma requirements – Grant of the exemption – Conditions – National legislation providing for an exemption for category A civil servants and former category A civil servants or for persons treated as such with experience in the professional practice of national law, on national territory, in the national civil service of the Member State concerned or in an international organisation
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Opinion of Advocate General Bobek delivered on 16 September 2020
ECLI:EU:C:2020:716 |
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Judgment of the Court (First Chamber) of 17 December 2020
ECLI:EU:C:2020:1034 |
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Case C-316/19 Commission v Slovenia (ECB archives)
Failure of a Member State to fulfil obligations – Article 343 TFEU – Privileges and immunities of the European Union – Statute of the European System of Central Banks (ESCB) and of the European Central Bank (ECB) – Article 39 – Privileges and immunities of the ECB – Protocol on the privileges and immunities of the European Union – Articles 2, 18 and 22 – Principle of the inviolability of the archives of the ECB – Seizure of documents at the premises of the Central Bank of Slovenia – Documents connected to the performance of the tasks of the ESCB and of the Eurosystem – Article 4(3) TEU – Principle of sincere cooperation
Language of the case: Slovenian
| Summary |
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Opinion of Advocate General Kokott delivered on 3 September 2020
ECLI:EU:C:2020:641 |
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Judgment of the Court (Grand Chamber) of 17 December 2020
ECLI:EU:C:2020:1030 |
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Case C-336/19 Centraal Israëlitisch Consistorie van België and Others
Reference for a preliminary ruling – Protection of animals at the time of killing – Regulation (EC) No 1099/2009 – Article 4(1) – Obligation to stun animals before they are killed – Article 4(4) – Derogation in the context of ritual slaughter – Article 26(2) – Power of Member States to adopt national rules aimed at ensuring more extensive protection of animals in the case of ritual slaughter – Interpretation – National legislation requiring, in the case of ritual slaughter, stunning which is reversible and cannot cause death – Article 13 TFEU – Charter of Fundamental Rights of the European Union – Article 10 – Freedom of religion – Freedom to manifest religion – Limitation – Proportionality – Lack of consensus among the Member States of the European Union – Discretion afforded to Member States – Principle of subsidiarity – Validity – Differing treatment of ritual slaughter and the killing of animals during hunting or recreational fishing activities and cultural or sporting events – No discrimination – Articles 20, 21 and 22 of the Charter of Fundamental Rights
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Hogan delivered on 10 September 2020
ECLI:EU:C:2020:695 |
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Judgment of the Court (Grand Chamber) of 17 December 2020
ECLI:EU:C:2020:1031 |
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Case C-342/19 P De Masi and Varoufakis v ECB
Appeal – Access to European Central Bank (ECB) documents – Decision 2004/258/EC – Article 4(3) – Exceptions – Document received by the ECB – Opinion from an external service provider – Internal use as part of deliberations and preliminary consultations – Refusal to grant access
Language of the case: German
| Summary |
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Opinion of Advocate General Pikamäe delivered on 9 July 2020
ECLI:EU:C:2020:549 |
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Judgment of the Court (First Chamber) of 17 December 2020
ECLI:EU:C:2020:1035 |
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Case C-346/19 Bundeszentralamt für Steuern v Y
Reference for a preliminary ruling – Value added tax (VAT) – Refund of VAT – Directive 2008/9/EC – Article 8(2)(d) – Article 15 – Indication of number of the invoice – Refund application
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Tenth Chamber) of 17 December 2020
ECLI:EU:C:2020:1050 |
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Case C-398/19 Proceedings relating to the extradition of BY (Extradition to Ukraine)
Reference for a preliminary ruling – Citizenship of the European Union – Articles 18 and 21 TFEU – Extradition of a Union citizen to a third State – Person acquiring Union citizenship after transferring the centre of his or her interests to the Member State from which extradition is requested – Scope of EU law – Prohibition on extradition applied solely to own nationals – Restriction on freedom of movement – Justification based on the prevention of impunity – Proportionality – Information to the Member State of which the requested person is a national – Obligation on the Member State from which extradition is requested and the Member State of origin to ask the third State requesting extradition to send the criminal investigation file – No obligation
Request for a preliminary ruling from the Kammergericht Berlin
Language of the case: German
| Summary |
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Opinion of Advocate General Hogan delivered on 24 September 2020
ECLI:EU:C:2020:748 |
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Judgment of the Court (Grand Chamber) of 17 December 2020
ECLI:EU:C:2020:1032 |
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Case C-404/19 P France v Commission
Appeal – European Agricultural Guarantee Fund (EAGF) and European Agricultural Fund for Rural Development (EAFRD) – Implementing Decision (EU) 2017/2014 – Expenditure excluded from EU financing – Expenditure incurred by the French Republic – 100% flat-rate correction – Proportionality – European Commission Guidelines on the calculation of the financial corrections in the framework of the conformity and financial clearance of accounts procedures
Language of the case: French
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 3 September 2020
ECLI:EU:C:2020:643 |
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Judgment of the Court (Fourth Chamber) of 17 December 2020
ECLI:EU:C:2020:1041 |
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Joined Cases C-431/19 P and C-432/19 P Inpost Paczkomaty and Inpost v Commission
Appeal – State aid – Article 106(2) TFEU – Services of general economic interest (SGEIs) – EU framework – Application to State aid in the form of public service compensation – Postal sector – Directive 97/67/EC – Article 7 – Compensation for the net cost arising from universal service obligations – Decision declaring the aid compatible with the internal market
Language of the case: Polish
| Summary |
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Judgment of the Court (Tenth Chamber) of 17 December 2020
ECLI:EU:C:2020:1051 |
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Case C-449/19 WEG Tevesstraße v Finanzamt Villingen-Schwenningen
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Exemption for leasing and letting immovable property – National legislation exempting from VAT the supply of heat by an association of residential property owners to property owners belonging to that association
Request for a preliminary ruling from the Finanzgericht Baden-Württemberg
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 10 September 2020
ECLI:EU:C:2020:689 |
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Judgment of the Court (Third Chamber) of 17 December 2020
ECLI:EU:C:2020:1038 |
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Joined Cases C-475/19 P and C-688/19 P Germany v Commission
Appeal – Approximation of laws – Regulation (EU) No 305/2011 – Harmonised conditions for the marketing of construction products – Harmonised standards and technical regulations – Harmonised standards EN 14342:2013, EN 14904:2006, EN 13341:2005 + A1:2011 and EN 12285-2:2005 – Action for annulment
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber) of 17 December 2020
ECLI:EU:C:2020:1036 |
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Case C-490/19 Syndicat interprofessionnel de défense du fromage Morbier v Société Fromagère du Livradois
Reference for a preliminary ruling – Agriculture – Protection of geographical indications and designations of origin for agricultural products and foodstuffs – Regulation (EC) No 510/2006 – Regulation (EU) No 1151/2012 – Article 13(1)(d) – Practice liable to mislead the consumer as to the true origin of the product – Reproduction of the shape or appearance of a product which has a protected name – Protected designation of origin (PDO) ‘Morbier’
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 17 September 2020
ECLI:EU:C:2020:730 |
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Judgment of the Court (Fifth Chamber) of 17 December 2020
ECLI:EU:C:2020:1043 |
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Case C-607/19 Husqvarna v Lidl Digital International
Reference for a preliminary ruling – EU trade marks – Regulation (EC) No 207/2009 – Article 51(1)(a) – Article 55(1) – Revocation of rights in an EU mark – EU mark which has not been put to genuine use within a continuous period of five years – Expiry of the period of five years – Date of assessment
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Fifth Chamber) of 17 December 2020
ECLI:EU:C:2020:1044 |
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Case C-656/19 BAKATI PLUS v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Exemptions on exportation – Article 146(1)(b) – Goods dispatched or transported outside the European Union by a customer not established within the territory of the Member State concerned – Article 147 – ‘Goods to be carried in the personal luggage of travellers’ not established within the European Union – Concept – Goods which have actually left the territory of the European Union – Proof – Refusal of the exemption on exportation – Principles of fiscal neutrality and proportionality – Tax evasion
Request for a preliminary ruling from the Szegedi Közigazgatási és Munkaügyi Bírósá
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 16 July 2020
ECLI:EU:C:2020:599 |
|
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Judgment of the Court (Fifth Chamber) of 17 December 2020
ECLI:EU:C:2020:1045 |
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Case C-667/19 A.M. v E.M. (Labelling of cosmetic products)
Reference for a preliminary ruling – Approximation of laws – Cosmetic products – Regulation (EC) No 1223/2009 – Article 19 – Consumer information – Labelling – Information that must appear on the product container and packaging – Labelling in a foreign language – ‘Function of the cosmetic product’ – Concept – Cosmetic product packaging which contains a reference to a detailed product catalogue drafted in the language of the consumer
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 9 July 2020
ECLI:EU:C:2020:554 |
|
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Judgment of the Court (Third Chamber) of 17 December 2020
ECLI:EU:C:2020:1039 |
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Case C-710/19 G. M. A. v Belgian State (Jobseekeer)
Reference for a preliminary ruling – Freedom of movement for persons – Article 45 TFEU – Citizenship of the Union – Directive 2004/38/EC – Right of residence for more than three months – Article 14(4)(b) – Jobseekers – Reasonable period of time to acquaint themselves with potentially suitable employment opportunities and take the necessary steps to obtain employment – Requirements imposed by the host Member State on the jobseeker during that period – Conditions governing the right of residence – Obligation to continue seeking employment and to have a genuine chance of being engaged
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Opinion of Advocate General Szpunar delivered on 17 September 2020
ECLI:EU:C:2020:739 |
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Judgment of the Court (First Chamber) of 17 December 2020
ECLI:EU:C:2020:1037 |
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Case C-801/19 FRANCK v Ministarstvo financija
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Exemptions – Article 135(1)(b) and (d) – Definitions of ‘granting of credit’ and ‘other negotiable instruments’ – Complex transactions – Principal supply – Provision of funds in return for payment – Transfer of a bill of exchange to a factoring company and the money obtained to the issuer of the bill of exchange
Request for a preliminary ruling from the Upravni sud u Zagrebu
Language of the case: Croatian
| Summary |
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Judgment of the Court (Eighth Chamber) of 17 December 2020
ECLI:EU:C:2020:1049 |
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Case C-354/20 PPU and C-412/20 PPU L and P (Independence of the issuing judicial authority)
References for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 6(1) – Surrender procedures between Member States – Conditions for execution – Charter of Fundamental Rights of the European Union – Second paragraph of Article 47 – Right of access to an independent and impartial tribunal – Systemic or generalised deficiencies – Concept of ‘issuing judicial authority’ – Taking into consideration developments after the issue of the European arrest warrant concerned – Obligation on the executing judicial authority to verify specifically and precisely whether there are substantial grounds for believing that the person concerned will run a real risk of breach of his or her right to a fair trial in the event of surrender
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 12 November 2020
ECLI:EU:C:2020:925 |
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Judgment of the Court (Grand Chamber) of 17 December 2020
ECLI:EU:C:2020:1033 |
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Case C-416/20 PPU TR v Generalstaatsanwaltschaft Hamburg
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4a(1) – Surrender procedures between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Mandatory execution – Sentence handed down in absentia – Absconding of the accused person – Directive (EU) 2016/343 – Articles 8 and 9 – Right to be present at the trial – Requirements in the event of a conviction in absentia – Verification upon surrender of the person sentenced
Request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Tanchev delivered on 10 December 2020
ECLI:EU:C:2020:1020 |
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Judgment of the Court (Fourth Chamber) of 17 December 2020
ECLI:EU:C:2020:1042 |
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Case C-328/20 Commission v Austria
Failure of a Member State to fulfil obligations – Application for leave to intervene – Third State, party to the Agreement on the European Economic Area, and EFTA Surveillance Authority – Grant of application for leave to intervene
Language of the case: German
| Summary |
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Order of the President of the Court of 18 December 2020
ECLI:EU:C:2020:1068 |
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Information (on unpublished decisions)
Joined Cases C-72/19 P and C-145/19 P Saleh Thabet and Others v Council
Appeal – Restrictive measures adopted in view of the situation in Egypt – Freezing of funds and economic resources – List of the persons, entities and bodies covered by the freezing of funds and economic resources – Maintenance of the applicants’ names – Decision of an authority of a third State – Obligation of the Council of the European Union to verify that that decision was taken in accordance with the rights of the defence and the right to effective judicial protection – Obligation to state reasons
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Judgment of the Court (Seventh Chamber) of 3 December 2020 ECLI:EU:C:2020:992 |
Joined Cases C-67/20 and C-68/20 Fedasil v M.M. and Others
Reference for a preliminary ruling – No need to adjudicate
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Order of the Court (Sixth Chamber) of 3 December 2020 ECLI:EU:C:2020:1024 |
Case C-99/20 Siebenburgisches Nugat v Direcţia Generală Regională a Finanţelor Publice Braşov and Agenţia Naţională de Administrare Fiscală
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Customs union – Common customs tariff – Combined nomenclature – Tariff headings – Subheading 8302 41 30 – Metal rail components for hanging curtains
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Order of the Court (Ninth Chamber) of 3 December 2020 ECLI:EU:C:2020:993 |
Case C-259/20 P Barata v Parliament
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Certification procedure – 2016 promotion exercise – Exclusion of the appellant from the final list of officials entitled to take part in the training programme – Article 90(2) of the Staff Regulations of Officials of the European Union – Obligation to state reasons – Manifest error of assessment – Equal treatment – Rights of the defence
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Order of the Court (Sixth Chamber) of 3 December 2020 ECLI:EU:C:2020:994 |
Case C-400/20 P Dermavita v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals should proceed) of 3 December 2020 ECLI:EU:C:2020:997 |
Case C-455/18 P Spieker v EUIPO
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Representation of the parties in direct actions before the Courts of the European Union – Article 19 of the Statute of the Court of Justice – Lawyer – Third party status in relation to the applicant
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Order of the Court (Eighth Chamber) of 8 December 2020 ECLI:EU:C:2020:1005 |
Case C-298/20 P(R) Price v Council
Appeal – Order for interim relief – Area of freedom, security and justice – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Decision (EU) 2020/135 – Loss of EU citizenship – Loss of the right to vote – Municipal elections in the Member State of residence – Application for suspension of operation – No right to submit a reply – Examination of admissibility of the main action – Manifest inadmissibility of the main action
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Order of the Vice-President of the Court of 8 December 2020 ECLI:EU:C:2020:1006 |
Case C-347/19 Commission v Spain (Energy efficiency)
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Judgment of the Court (Seventh Chamber) of 10 December 2020 ECLI:EU:C:2020:1017 |
Case C-220/20 XX v OO (Suspension of judicial activity)
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – State of national health emergency – Continuity of judicial activity – Postponement of hearings – Lack of sufficient details concerning the factual and regulatory context of the main proceedings and the reasons justifying the need for an answer to the reference for a preliminary ruling – Manifest inadmissibility
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Order of the Court (Tenth Chamber) of 10 December 2020 ECLI:EU:C:2020:1022 |
Case C-356/20 P AL v Commission
Appeal – Civil service – Special adviser – Mission to represent the European Union in an international partnership body – Mission subsequently entrusted to another person – Action for annulment and for damages – Infringement of the rights of the defence – Distortion of facts and evidence – Insufficient and contradictory statement of reasons – Appeal manifestly unfounded
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Order of the Court (Sixth Chamber) of 10 December 2020 ECLI:EU:C:2020:1021 |
Case C-71/16 P-DEP Zumex Group v Comercializadora Eloro
Taxation of costs
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Order of the Court (Tenth Chamber) of 17 December 2020 ECLI:EU:C:2020:1060 |
Case C-601/19 P BP v FRA
Appeal – Civil service – Members of the contract staff – European Union Agency for Fundamental Rights (FRA) – Fixed-term contract – Decision not to renew – New decision adopted following an annulment by the General Court – Irregularities allegedly committed during the implementation of the General Court judgment
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Judgment of the Court (Eighth Chamber) of 17 December 2020 ECLI:EU:C:2020:1048 |
Case C-849/19 Commission v Greece
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Judgment of the Court (Sixth Chamber) of 17 December 2020 ECLI:EU:C:2020:1047 |
Case C-114/20 P(R) Anglo Austrian AAB and Belegging-Maatschappij "Far-East" v ECB
Appeal – Interim order – Economic and monetary policy – Regulation (EU) No 1024/2013 – Prudential supervision of credit institutions – Conferral of specific tasks on the European Central Bank (ECB) – Decision to withdraw a credit institution’s authorisation
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Order of the Vice-President of the Court of 17 December 2020 ECLI:EU:C:2020:1059 |
Case C-207/20 P(R) Anglo Austrian AAB and Belegging-Maatschappij "Far-East" v ECB
Appeal – Interim order – Economic and monetary policy – Regulation (EU) No 1024/2013 – Prudential supervision of credit institutions – Conferral of specific tasks on the European Central Bank (ECB) – Decision to withdraw a credit institution’s authorisation – New application
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Order of the Vice-President of the Court of 17 December 2020 ECLI:EU:C:2020:1057 |
Case C-404/20 P Brands Up v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 17 December 2020 ECLI:EU:C:2020:1058 |
January 2021
Case C-628/18 Commission v Slovenia (MiFID II)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Market in financial instruments – Directives 2014/65/EU and (EU) 2016/1034 – Failure to transpose and/or to notify transposition measures – Article 260(3) TFEU – Application for an order to pay a lump sum
Language of the case: Slovene
| Summary |
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Judgment of the Court (Third Chamber) of 13 January 2021
ECLI:EU:C:2021:1 |
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Case C-631/18 Commission v Slovenia
Failure of a Member State to fulfil obligations – Article 258 TFEU – Market for financial instruments – Delegated Directive (EU) 2017/593 – Failure to transpose and/or to notify transposition measures
Language of the case: Slovene
| Summary |
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Judgment of the Court (Third Chamber) of 13 January 2021
ECLI:EU:C:2021:2 |
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Case C-507/19 Bundesrepublik Deutschland v XT (Refugee status of a stateless person of Palestinian origin)
Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection – Directive 2011/95/EU – Article 12 – Exclusion from being a refugee – Stateless person of Palestinian origin registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) – Conditions to be entitled ipso facto to the benefits of Directive 2011/95 – Cessation of UNRWA protection or assistance
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Tanchev delivered on 1 October 2020
ECLI:EU:C:2020:768 |
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Judgment of the Court (Third Chamber) of 13 January 2021
ECLI:EU:C:2021:3 |
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Case C-414/20 PPU Criminal proceedings against MM
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Surrender procedures between Member States – Article 6(1) and Article 8(1)(c) – European arrest warrant issued on the basis of a national measure putting a person under investigation – Concept of an ‘arrest warrant or any other enforceable judicial decision having the same effect’ – No national arrest warrant – Consequences – Effective judicial protection – Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 9 December 2020
ECLI:EU:C:2020:1009 |
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Judgment of the Court (Third Chamber) of 13 January 2021
ECLI:EU:C:2021:4 |
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Case C-826/18 LB and Others v College van burgemeester en wethouders van de gemeente Echt-Susteren
Reference for a preliminary ruling – Aarhus Convention – Article 9(2) and (3) – Access to justice – No access to justice for the public other than the public concerned – Admissibility of the action subject to prior participation in the decision-making procedure
Request for a preliminary ruling from the Rechtbank Limburg
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bobek delivered on 2 July 2020
ECLI:EU:C:2020:514 |
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Judgment of the Court (First Chamber) of 14 January 2021
ECLI:EU:C:2021:7 |
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Case C-63/19 Commission v Italy (Contribution towards the purchase of motor fuel)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive 2003/96/EC – Taxation of energy products and electricity – Articles 4 and 19 – Regional law adopted by the autonomous region of a Member State – Contribution towards the purchase of petrol and diesel subject to excise duties – Article 6(c) – Exemption from or reduction of excise duty – Concept of ‘refunding all or part of’ the amount of taxation – No evidence of a link between that contribution and excise duties
Language of the case: Italian
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 16 July 2020
ECLI:EU:C:2020:596 |
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Judgment of the Court (Fifth Chamber) of 14 January 2021
ECLI:EU:C:2021:18 |
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Joined Cases C-322/19 and C-385/19 KS and Others v The International Protection Appeals Tribunal and Others
References for a preliminary ruling – Border controls, asylum and immigration – International protection – Standards for the reception of applicants for international protection – Directive 2013/33/EU – Third-country national who has travelled from one Member State of the European Union to another, but who has applied for international protection only in the latter Member State – Decision to transfer to the first Member State – Regulation (EU) No 604/2013 – Access to the labour market as an applicant for international protection
Requests for a preliminary ruling from the High Court (Irlande) and International Protection Appeals Tribunal
Language of the case: English
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 3 September 2020
ECLI:EU:C:2020:642 |
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Rectification order of 12 May 2021
ECLI:EU:C:2021:389 |
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Judgment of the Court (Fourth Chamber) of 14 January 2021
ECLI:EU:C:2021:11 |
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Case C-387/19 RTS infra and Aannemingsbedrijf Norré-Behaegel v Vlaams Gewest
Reference for a preliminary ruling – Public procurement contracts – Directive 2014/24/EU – Article 57(6) – Optional grounds for exclusion – Measures taken by the economic operator to demonstrate its reliability despite the existence of an optional ground for exclusion – Obligation of the economic operator to provide evidence of such measures on its own initiative – Direct effect
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 17 September 2020
ECLI:EU:C:2020:728 |
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Judgment of the Court (Fourth Chamber) of 14 January 2021
ECLI:EU:C:2021:13 |
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Case C-393/19 Criminal proceedings against OM
Reference for a preliminary ruling – Article 17 of the Charter of Fundamental Rights of the European Union – Right to property – Article 47 of the Charter of Fundamental Rights – Right to an effective remedy – Framework Decision 2005/212/JHA – Confiscation of crime-related proceeds, instrumentalities and property – Directive 2014/42/EU – Freezing and confiscation of instrumentalities and proceeds of crime in the European Union – National legislation providing for the confiscation, for the benefit of the State, of property used to commit the offence of smuggling – Property belonging to a third party acting in good faith
Request for a preliminary ruling from the Apelativen sad - Plovdiv
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 25 June 2020
ECLI:EU:C:2020:491 |
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Judgment of the Court (First Chamber) of 14 January 2021
ECLI:EU:C:2021:8 |
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Case C-441/19 TQ v Staatssecretaris van Justitie en Veiligheid (Return of an unaccompanied minor)
Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/EC – Common standards and procedures in Member States for returning illegally staying third-country nationals – Article 5(a), Article 6(1) and (4), Article 8(1) and Article 10 – Return decision issued against an unaccompanied minor – Best interests of the child – Obligation for the Member State concerned to be satisfied, before the adoption of a return decision, that that minor will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the State of return – Distinction on the basis solely of the criterion of the age of the minor in order to grant a right of residence – Return decision not followed by removal measures
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats 's-Hertogenbosch
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Pikamäe delivered on 2 July 2020
ECLI:EU:C:2020:515 |
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Judgment of the Court (First Chamber) of 14 January 2021
ECLI:EU:C:2021:9 |
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Case C-450/19 Proceedings brought by Kilpailu- ja kuluttajavirasto
Reference for a preliminary ruling – Competition – Article 101 TFEU – Agreements, decisions and concerted practices – Manipulation of the bidding procedure – Determination of the duration of the infringement period – Inclusion of the period during which the cartel members implemented the anticompetitive agreement – Economic effects of anticompetitive behaviour – Cessation of the infringement on the definitive award of the contract
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 10 September 2020
ECLI:EU:C:2020:698 |
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Judgment of the Court (Second Chamber) of 14 January 2021
ECLI:EU:C:2021:10 |
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Case C-255/19 Secretary of State for the Home Department v O A
Reference for a preliminary ruling – Directive 2004/83/EC – Minimum standards for granting refugee status or subsidiary protection status – Refugee status – Article 2(c) – Cessation of refugee status – Article 11 – Change in circumstances – Article 11(1)(e) – Possibility of availing oneself of the protection of the country of origin – Criteria for assessment – Article 7(2) – Financial and social support – Irrelevant
Request for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber) London
Language of the case: English
| Summary |
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Opinion of Advocate General Hogan delivered on 30 April 2020
ECLI:EU:C:2020:342 |
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Judgment of the Court (Second Chamber) of 20 January 2021
ECLI:EU:C:2021:36 |
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Case C-288/19 QM v Finanzamt Saarbrücken
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Supplies of services for consideration – Article 26(1) – Transactions treated as supplies of services for consideration – Article 56(2) – Determination of the point of reference for tax purposes – Hiring of means of transport – Making cars available to employees
Request for a preliminary ruling from the Finanzgericht des Saarlandes
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 17 September 2020
ECLI:EU:C:2020:736 |
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Judgment of the Court (First Chamber) of 20 January 2021
ECLI:EU:C:2021:32 |
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Case C-301/19 P Commission v Printeos
Appeal – Competition – Agreements, decisions and concerted practices – Decision finding infringement of Article 101 TFEU – Fines – Annulment – Repayment of the principal amount of the fine – Article 266 TFEU – Default interest – Distinction between default interest and compensatory interest – Calculation of interest – Article 90(4)(a), second sentence, of Delegated Regulation (EU) No 1268/2012
Language of the case: Spanish
| Summary |
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Judgment of the Court (Fourth Chamber) of 20 January 2021
ECLI:EU:C:2021:39 |
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Case C-420/19 Maksu- ja Tolliamet v Heavyinstall
Reference for a preliminary ruling – Directive 2010/24/EU – Article 16 – Recovery of claims relating to taxes, duties and other measures – Mutual assistance – Request for precautionary measures – Judicial decision of the applicant Member State for the purpose of implementing precautionary measures – Jurisdiction of the court of the requested Member State to assess and reassess the justification of those measures – Principles of mutual trust and of mutual recognition
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 17 September 2020
ECLI:EU:C:2020:737 |
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Judgment of the Court (First Chamber) of 20 January 2021
ECLI:EU:C:2021:33 |
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Case C-484/19 Lexel v Skatteverket
Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Corporation tax – Taxation of associated companies – National tax legislation prohibiting a company which is established in one Member State from deducting interest paid to a company established in another Member State, belonging to the same group of companies, in the case where a substantial tax benefit is gained
Request for a preliminary ruling from Högsta förvaltningsdomstolen
Language of the case: Swedish
| Summary |
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Judgment of the Court (First Chamber) of 20 January 2021
ECLI:EU:C:2021:34 |
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Case C-619/19 Land Baden-Württemberg v D.R. (Internal communications)
Reference for a preliminary ruling – Environment – Aarhus Convention – Directive 2003/4/EC – Public access to environmental information – ‘Stuttgart 21’ infrastructure project – Refusal of a request for environmental information – Article 4(1) – Grounds for refusal – Term ‘internal communications’ – Scope – Limitation in time of the protection of such communications
Request for a preliminary ruling from Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Hogan delivered on 16 July 2020
ECLI:EU:C:2020:590 |
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Judgment of the Court (First Chamber) of 20 January 2021
ECLI:EU:C:2021:35 |
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Case C-655/19 Administraţia Judeţeană a Finanţelor Publice Sibiu and Direcţia Generală Regională a Finanţelor Publice Braşov v LN
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2 – Article 9 – Concepts of ‘economic activity’ and ‘taxable person’ – Transactions which seek to obtain income from goods on a continuing basis – Acquisition by a creditor of immovable property in the context of an enforcement procedure carried out for the purpose of the recovery of loans secured by mortgage guarantees and the sale of those buildings – Simple exercise of the right of ownership by its holder
Request for a preliminary ruling from the Curtea de Apel Alba Iulia
Language of the case: Romanian
| Summary |
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Judgment of the Court (Sixth Chamber) of 20 January 2021
ECLI:EU:C:2021:40 |
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Case C-471/18 P Germany v Esso Raffinage
Appeal – Registration, evaluation and authorisation of chemicals – Regulation (EC) No 1907/2006 (REACH) – Articles 5 and 6 – General obligation to register substances – Articles 41 and 42 – Evaluation of registration dossiers and compliance check of information submitted by registrants – Declaration of non-compliance – Actionable measure – Interest in bringing proceedings – Locus standi – Respective competences of the European Chemicals Agency (ECHA) and national authorities – Obligation on ECHA to check the compliance of additional information submitted by registrants at its request – ECHA’s power to take an appropriate decision – Article 1 – Objective of protecting human health and the environment – Articles 13 and 25 – Use of animal testing – Promotion of alternative methods
Language of the case: English
| Summary |
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Opinion of Advocate General Tanchev delivered on 24 September 2020
ECLI:EU:C:2020:752 |
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Rectification order of 4 March 2021
ECLI:EU:C:2021:179 |
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Judgment of the Court (Third Chamber) of 21 January 2021
ECLI:EU:C:2021:48 |
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Case C-761/18 P Leino-Sandberg v Parliament
Appeal – Access to documents of the EU institutions – Regulation (EC) No 1049/2001 – Article 10 – Refusal to grant access – Action before the General Court of the European Union against a decision by the European Parliament refusing to grant access to a document – Disclosure of the annotated document by a third party after the action was lodged – Order that there was no need to adjudicate pronounced by the General Court on the ground that was no longer any interest in bringing proceedings – Error of law
Language of the case: English
| Summary |
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Opinion of Advocate General Bobek delivered on 16 July 2020
ECLI:EU:C:2020:595 |
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Judgment of the Court (Fifth Chamber) of 21 January 2021
ECLI:EU:C:2021:52 |
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Case C-308/19 Consiliul Concurenţei v Whiteland Import Export
Reference for a preliminary ruling – Competition – Penalties imposed by the national competition authority – Limitation period – Actions interrupting the limitation period – National legislation precluding, after the initiation of an investigation, the possibility that subsequent action for the purpose of proceedings or investigation may interrupt the new limitation period – Principle that national law must be interpreted in conformity with EU law – Regulation (EC) No 1/2003 – Article 25(3) – Scope – Article 4(3) TEU – Article 101 TFEU – Principle of effectiveness
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 3 September 2020
ECLI:EU:C:2020:639 |
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Judgment of the Court (Second Chamber) of 21 January 2021
ECLI:EU:C:2021:47 |
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Case C-501/19 UCMR - ADA v Pro Management Insolv
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c), Article 24(1) and Article 25(a) – Taxable transactions – Fees for the public performance of musical works – Article 28 – Collective copyright management organisation – Collection of those fees in its own name and on behalf of copyright holders from end users
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 1 October 2020
ECLI:EU:C:2020:766 |
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Judgment of the Court (Third Chamber) of 21 January 2021
ECLI:EU:C:2021:50 |
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Case C-843/19 INSS v BT
Reference for a preliminary ruling – Social policy – Equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1) – Voluntary early retirement – Early retirement pension – Eligibility – Requirement for the pension amount to be received to be at least as much as the legal minimum amount – Proportion of workers of each sex excluded from the benefit of early retirement – Justification of a potential particular disadvantage to female workers – Social policy objectives of the Member State concerned
Request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña
Language of the case: Spanish
| Summary |
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Judgment of the Court (Eighth Chamber) of 21 January 2021
ECLI:EU:C:2021:55 |
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Case C-16/19 VL v Szpital Kliniczny im. dra J. Babińskiego Samodzielny Publiczny Zakład Opieki Zdrowotnej Krakowie
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 2(1) and (2)(a) and (b) – ‘Concept of discrimination’ – Direct discrimination – Indirect discrimination – Discrimination on grounds of disability – Difference in treatment within a group of workers with disabilities – Grant of an allowance to workers with disabilities who have submitted disability certificates after a date chosen by the employer – Exclusion of workers with disabilities who have submitted their certificates before that date
Request for a preliminary ruling from the Sąd Okręgowy w Krakowie
Language of the case: Polish
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 18 June 2020
ECLI:EU:C:2020:479 |
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Judgment of the Court (Grand Chamber) of 26 January 2021
ECLI:EU:C:2021:64 |
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Joined Cases C-422/19 and C-423/19 Dietrich and Häring v Hessischer Rundfunk
Reference for a preliminary ruling – Economic and monetary policy – Article 2(1) and Article 3(1)(c) TFEU – Monetary policy – Exclusive competence of the European Union – Article 128(1) TFEU – Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank – Article 16, first paragraph – Concept of ‘legal tender’ – Effects – Obligation to accept euro banknotes – Regulation (EC) No 974/98 – Whether possible for Member States to impose limitations on payments by means of banknotes and coins denominated in euro – Conditions – Regional legislation precluding the payment in cash of a radio and television licence fee to a regional public broadcasting body
Requests for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 29 September 2020
ECLI:EU:C:2020:756 |
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Judgment of the Court (Grand Chamber) of 26 January 2021
ECLI:EU:C:2021:63 |
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Case C-595/18 P The Goldman Sachs Group v Commission
Appeal – Competition – Agreements, decisions and concerted practices – European market for power cables – Market allocation in connection with projects – Regulation (EC) No 1/2003 – Article 23(2) – Attributability of unlawful conduct of one company to another company – Presumption of actual exercise of decisive influence – Entity controlling 100% of the voting rights associated with the shares of another company
Language of the case: English
| Summary |
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Judgment of the Court (Second Chamber) of 27 January 2021
ECLI:EU:C:2021:73 |
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Case C-764/18 Ayuntamiento de Pamplona v Orange España
Reference for a preliminary ruling – Authorisation of electronic communications networks and services – Municipal charge for the occupation or use of public land – Directive 2002/20/EC – Application to undertakings providing fixed telephony and Internet access services – Concepts of ‘electronic communications network’ and of ‘electronic communications services’ – Article 12 – Administrative charges – Article 13 – Fees for rights of use and rights to install facilities – Scope – Limitations on the Member States’ power to impose fees
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Tanchev delivered on 16 July 2020
ECLI:EU:C:2020:593 |
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Judgment of the Court (Fourth Chamber) of 27 January 2021
ECLI:EU:C:2021:70 |
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Joined Cases C-229/19 and C-289/19 Dexia Nederland v XXX and Z
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Articles 3(1), 4(1) and 6(1) – Assessment of the unfairness of contractual terms – Term fixing in advance the creditor’s potential advantage in the event of termination of the contract – Significant imbalance in the parties’ rights and obligations under the contract – Date on which the imbalance must be assessed – Finding that a term is unfair – Consequences – Replacement of an unfair term with a supplementary provision of national law
References for a preliminary ruling from the Gerechtshof te Amsterdam and Gerechtshof Den Haag
Language of the case: Dutch
| Summary |
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Judgment of the Court (First Chamber) of 27 January 2021
ECLI:EU:C:2021:68 |
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Case C-361/19 De Ruiter v Minister van Landbouw, Natuur en Voedselkwaliteit
Reference for a preliminary ruling – Common agricultural policy – Support scheme for farmers – Regulation (EU) No 1306/2013 – Article 97(1) and Article 99(1) – Direct payments – Reductions and exclusions in the event of non-compliance with the cross-compliance rules – Determination of the year to be taken into account in order to calculate the percentage reduction – Proportionate, effective and dissuasive penalties – Implementing Regulation (EU) No 809/2014 – Article 73(4), first subparagraph, point (a)
Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 25 November 2020
ECLI:EU:C:2020:962 |
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Judgment of the Court (Fourth Chamber) of 27 January 2021
ECLI:EU:C:2021:71 |
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Case C-466/19 P Qualcomm and Qualcomm Europe v Commission
Appeal – Competition – Abuse of dominant position – Market for UMTS-compliant baseband chipsets – Regulation (EC) No 1/2003 – Article 18(3) – Decision to request information – Necessity of the information requested – Proportionality – Burden of proof – Self-incrimination
Language of the case: English
| Summary |
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Judgment of the Court (Eighth Chamber) of 28 January 2021
ECLI:EU:C:2021:76 |
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Case C-649/19 Criminal proceedings against IR (Letter of rights)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2012/13/EU – Articles 4 to 7 – Letters of Rights set out in Annexes I and II – Framework Decision 2002/584/JHA – Right to information in criminal proceedings – Letter of Rights on arrest – Right to be informed of the accusation – Right of access to the materials of the case – Person arrested on the basis of a European arrest warrant in the executing Member State
Request for a preliminary ruling from Spetsializiran nakazatelen sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Pikamäe delivered on 30 September 2020
ECLI:EU:C:2020:758 |
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Judgment of the Court (Fifth Chamber) of 28 January 2021
ECLI:EU:C:2021:75 |
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Information (on unpublished decisions)
Case C-320/20 P Vasilev v Bulgaria
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for damages brought against a Member State – Manifest lack of jurisdiction of the General Court of the European Union
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Order of the Court (Seventh Chamber) of 12 January 2021 ECLI:EU:C:2021:6 |
Case C-108/19 Krakvet v Direcţia Generală Regională a Finanţelor Publice Bucureşti and Administraţia Fiscală pentru Contribuabili Nerezidenţi
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 33 – Determination of the place where taxable transactions are carried out – Supply of goods with transport – Supply of goods dispatched or transported by or on behalf of the supplier – Sale through a website – Contract for the carriage of goods concluded by the buyer with a company suggested by the supplier
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Order of the Court (Tenth Chamber) of 14 January 2021 ECLI:EU:C:2021:25 |
Case C-280/19 P ERCEA v Aristoteleio Panepistimio Thessalonikis
Appeal – Arbitration clause – Minatran contract concluded under the Seventh Framework Programme – Eligible costs – Debit note issued by the ERCEA – Recovery of amounts advanced – Personnel costs and indirect expenditure relating to those personnel costs – Obligation to carry out work solely on the premises of the beneficiary of the grant – Supervision by the beneficiary – Normal practices of the beneficiary
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Judgment of the Court (Tenth Chamber) of 14 January 2021 ECLI:EU:C:2021:23 |
Case C-744/19 Commission v Italy (Ionising radiation)
Failure of a Member State to fulfil obligations – Directive 2013/59/Euratom – Basic safety standards for protection against the dangers arising from exposure to ionising radiation – Article 106 – Failure to transpose within the prescribed period
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Judgment of the Court (Ninth Chamber) of 14 January 2021 ECLI:EU:C:2021:21 |
Case C-769/19 Criminal proceedings against UC and TD (Deficiencies in the bill of indictment)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Judicial cooperation in criminal matters – Directive 2012/13/EU – Right to information in criminal proceedings – Article 6 – Right of suspects or accused persons to be informed of their rights – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Dealing with a case in a reasonable time – National legislation providing for the discontinuance of judicial proceedings in the case of a finding of deficiencies in the bill of indictment by the court – Remission of the matter to the public prosecutor’s office for a new bill of indictment to be drawn up – Admissibility
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Order of the Court (Tenth Chamber) of 14 January 2021 ECLI:EU:C:2021:28 |
Case C-892/19 P Manea v CdT
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Member of the temporary staff – Fixed-term contract – Decision not to renew the contract – Withdrawal of the decision and adoption of a new decision refusing renewal with effect from the date of the first decision – Action for annulment and for damages – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Tenth Chamber) of 14 January 2021 ECLI:EU:C:2021:30 |
Case C-264/20 Airhelp v Austrian Airlines
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Article 5(3) – Right to compensation in the event of cancellation or long delay of flights – Concept of ‘extraordinary circumstances’ – Unexpected flight safety shortcomings – Collision with a foreign object – Damage to an aircraft due to the movement of another aircraft – Concept of ‘reasonable measures’ to redress an extraordinary circumstance or the consequences of such a circumstance – Re-routing
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Order of the Court (Ninth Chamber) of 14 January 2021 ECLI:EU:C:2021:26 |
Case C-297/20 P Sabo and Others v Parliament and Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Environment – Directive (EU) 2018/2001 – Action for annulment – Inadmissibility – Persons not individually concerned – Aarhus Convention
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Order of the Court (Eighth Chamber) of 14 January 2021 ECLI:EU:C:2021:24 |
Case C-401/20 P Leinfelder Uhren München v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 19 January 2021 ECLI:EU:C:2021:31 |
Case C-100/17 P-DEP Council v Gul Ahmed Textile Mills
Taxation of costs
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Order of the Court (Tenth Chamber) of 20 January 2021 ECLI:EU:C:2021:41 |
Case C-706/19 P CCPL and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Competition – Agreements, decisions and concerted practices – Retail food packaging market – Appeal directed against the grounds – Appeal manifestly inadmissible
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Order of the Court (Ninth Chamber) of 20 January 2021 ECLI:EU:C:2021:45 |
Case C-266/20 P ZU v EEAS
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Sick leave – Failure to attend a medical examination – Opinion of the medical service – Amendments made in the Human Resource Management information system – Acts not amenable to review – Decision on the classification of the absence following the failure to attend – Absence deducted from annual leave – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Seventh Chamber) of 20 January 2021 ECLI:EU:C:2021:42 |
Case C-293/20 A and M v Bezirkshauptmannschaft Kirchdorf
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Concept of a ‘court or tribunal’ – Primacy of EU law – Factual and legal context of the dispute in the main proceedings – Reasons justifying the need for an answer to the question referred for a preliminary ruling – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Tenth Chamber) of 20 January 2021 ECLI:EU:C:2021:44 |
Case C-105/20 UF v Partena and Others
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Order of the Court (Sixth Chamber) of 21 January 2021 ECLI:EU:C:2021:62 |
Case C-787/19 Commission v Austria (TVA - Travel agencies)
Failure of a Member State to fulfil obligations – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Articles 306 to 310 – Special scheme for travel agents – Application to all types of clients – National legislation excluding travel services that are provided to taxable persons who use those services for their business – Article 73 – Taxable amount – Determination of a taxable amount on a flat-rate basis for groups of services or for all services provided during the taxable period – Incompatibility
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Judgment of the Court (Sixth Chamber) of 27 January 2021 ECLI:EU:C:2021:72 |
Case C-390/20 P HZ and OX v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for damages – Abstention on the part of national courts from making a request for a preliminary ruling to the Court of Justice – Failure by the European Union to introduce an effective remedy offering suitable redress for such an abstention – Appeal manifestly unfounded
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Order of the Court (Sixth Chamber) of 28 January 2021 ECLI:EU:C:2021:82 |
Case C-626/20 P Kaminski v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 28 January 2021 ECLI:EU:C:2021:83 |
February 2021
Case C-481/19 DB v Consob
Reference for a preliminary ruling – Approximation of laws – Directive 2003/6/EC – Article 14(3) – Regulation (EU) No 596/2014 – Article 30(1)(b) – Market abuse – Administrative sanctions of a criminal nature – Failure to cooperate with the competent authorities – Articles 47 and 48 of the Charter of Fundamental Rights of the European Union – Right to remain silent and to avoid self-incrimination
Request for a preliminary ruling from the Corte costituzionale
Language of the case: Italian
| Summary |
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Opinion of Advocate General Pikamäe delivered on 27 October 2020
ECLI:EU:C:2020:861 |
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Judgment of the Court (Grand Chamber) of 2 February 2021
ECLI:EU:C:2021:84 |
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Joined Cases C-155/19 and C-156/19 FIGC and Consorzio Ge.Se.Av. v De Vellis Servizi Globali
Reference for a preliminary ruling – Public procurement – Public procurement procedure – Directive 2014/24/EU – Article 2(1)(4) – Contracting authority – Bodies governed by public law – Concept – National sports federation – Meeting of needs in the general interest – Supervision of the federation’s management by a body governed by public law
References for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 1 October 2020
ECLI:EU:C:2020:775 |
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Judgment of the Court (Fourth Chamber) of 3 February 2021
ECLI:EU:C:2021:88 |
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Case C-555/19 Fussl Modestraße Mayr v SevenOne Media and Others
Reference for a preliminary ruling – Directive 2010/13/EU – Provision of audiovisual media services – Article 4(1) – Freedom to provide services – Equal treatment – Article 56 TFEU – Articles 11 and 20 of the Charter of Fundamental Rights of the European Union – Audiovisual commercial communication – National legislation prohibiting television broadcasters from inserting in their programmes broadcast throughout the national territory television advertisements whose broadcasting is limited to a regional level
Request for a preliminary ruling from the Landgericht Stuttgart
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 15 October 2020
ECLI:EU:C:2020:836 |
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Judgment of the Court (Third Chamber) of 3 February 2021
ECLI:EU:C:2021:89 |
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Case C-922/19 Stichting Waternet v MG
Reference for a preliminary ruling – Directive 97/7/EC – Article 9 – Directive 2011/83/EU – Article 27 – Directive 2005/29/EC – Article 5(5) – Annex I, point 29 – Unfair commercial practices – Concept of ‘inertia selling’ – Supply of drinking water
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Sixth Chamber) of 3 February 2021
ECLI:EU:C:2021:91 |
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Case C-324/19 eurocylinder systems v Hauptzollamt Hamburg
Reference for a preliminary ruling – Common commercial policy – Anti-dumping duties – Regulation (EC) No 384/96 – Article 3(9) – Threat of material injury – Factors – Article 9(4) – Regulation (EC) No 926/2009 – Imports of certain seamless pipes and tubes of iron or steel originating in the People’s Republic of China – Invalidity
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Judgment of the Court (Fourth Chamber) of 4 February 2021
ECLI:EU:C:2021:94 |
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Case C-640/19 Azienda Agricola Ambrosi Nicola Giuseppe and Others v AGEA and Ministero delle Politiche Agricole e Forestali
Reference for a preliminary ruling – Agriculture – Common organisation of markets – Regulation (EC) No 1234/2007 – Milk quotas – Surplus levies – Milk used to produce cheeses with a protected designation of origin (PDO) intended for export to non-EU countries – Exclusion – Article 32(a), Article 39(1) and (2)(a), Article 40(2) and Article 41(b) TFEU – Principles of proportionality and non‑discrimination – Validity
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
| Summary |
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Judgment of the Court (Sixth Chamber) of 4 February 2021
ECLI:EU:C:2021:97 |
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Case C-760/19 JCM Europe v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Combined Nomenclature – Tariff classification – Headings 8472 and 9031 – Bank note validator and cash boxes – Device intended to be integrated in a host device and connected to an external control centre – Implementing Regulation (EU) 2016/1760 – Validity
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
| Summary |
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Judgment of the Court (Ninth Chamber) of 4 February 2021
ECLI:EU:C:2021:96 |
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Case C-903/19 DQ v Ministre de la Transition écologique et solidaire and Ministre de l'Action et des Comptes publics
Reference for a preliminary ruling – Civil service – Transfer of retirement pension rights – Staff Regulations of Officials of the European Union – Article 11 of Annex VIII – Officials and temporary staff reinstated in their national administration of origin after a period of non-active status and the performance of duties in an EU institution
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Judgment of the Court (Eighth Chamber) of 4 February 2021
ECLI:EU:C:2021:95 |
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Case C-56/19 P RFA International v Commission
Appeal – Dumping – Imports of ferro-silicon originating in Russia – Regulation (EC) No 1225/2009 – Article 11(9) and (10) – Rejection of applications for a refund of anti-dumping duties paid – Constructed export price – Assessment as to whether the anti-dumping duties have been reflected in the resale prices and subsequent selling prices in the European Union – Obligation to apply the same methodology as in the investigation which led to the imposition of the anti-dumping duty – Change in circumstances – Deduction of anti-dumping duties paid – Conclusive evidence
Language of the case: English
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 9 July 2020
ECLI:EU:C:2020:551 |
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Judgment of the Court (Second Chamber) of 10 February 2021
ECLI:EU:C:2021:102 |
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Case C-760/18 M.V.and Others v Organismos Topikis Aftodioikisis (Successive fixed-term contracts in the public sector)
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 5 – Measures to prevent abuse arising from the use of successive fixed-term employment contracts or relationships – Fixed-term employment contracts in the public sector – Successive contracts or extended initial contract – Equivalent legal measure – Absolute constitutional prohibition on the conversion of fixed-term employment contracts to contracts of indefinite duration – Obligation to interpret in conformity with EU law
Request for a preliminary ruling from the Monomeles Protodikeio Lasithiou
Language of the case: Greek
| Summary |
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Judgment of the Court (Seventh Chamber) of 11 February 2021
ECLI:EU:C:2021:113 |
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Joined Cases C-407/19 and C-471/19 Katoen Natie Bulk Terminals and General Services Antwerp v Belgische Staat and Middlegate Europe v Ministerraad
Reference for a preliminary ruling – Article 45 TFEU – Freedom of movement for workers – Article 49 TFEU – Freedom of establishment – Article 56 TFEU – Freedom to provide services – Carrying out of port activities – Dockers – Access to the profession and recruitment – Arrangements for the recognition of dockers – Dockers not part of the quota of workers provided for in national legislation – Limitation of the duration of the work contract – Mobility of dockers between different port areas – Workers carrying out logistical work – Safety certificate – Overriding reasons in the public interest – Safety in port areas – Protection of workers – Proportionality
References for a preliminary ruling from Raad van State and Grondwettelijk Hof
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 10 September 2020
ECLI:EU:C:2020:707 |
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Judgment of the Court (Fourth Chamber) of 11 February 2021
ECLI:EU:C:2021:107 |
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Case C-77/20 Criminal proceedings against K. M. (Sanctions imposed on the master of a vessel)
Reference for a preliminary ruling – Common fisheries policy – Regulation (EC) No 1224/2009 – Control system for ensuring compliance with the rules of the common fisheries policy – Use on board a fishing vessel of equipment which is capable of automatically grading fish by size – Article 89 – Measures to ensure compliance – Article 90 – Criminal sanctions – Principle of proportionality
Request for a preliminary ruling from Court of Appeal (Ireland)
Language of the case: English
| Summary |
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Judgment of the Court (Sixth Chamber) of 11 February 2021
ECLI:EU:C:2021:112 |
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Case C-95/19 Agenzia delle Dogane v Silcompa
Reference for a preliminary ruling – Directive 76/308/EEC – Articles 6 and 8 and Article 12(1) to (3) – Mutual assistance for the recovery of certain claims – Excise duty payable in two Member States for the same transactions – Directive 92/12/EC – Articles 6 and 20 – Release of products for consumption – Falsification of the accompanying administrative document – Offence or irregularity committed in the course of movement of products subject to excise duty under a duty suspension arrangement – Irregular departure of products from a suspension arrangement – ‘Duplication of the tax claim’ relating to the excise duties – Review carried out by the courts of the Member State in which the requested authority is situated – Refusal of the request for assistance made by the competent authorities of another Member State – Conditions
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Opinion of Advocate General Pikamäe delivered on 8 October 2020
ECLI:EU:C:2020:817 |
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Judgment of the Court (Fifth Chamber) of 24 February 2021
ECLI:EU:C:2021:128 |
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Case C-673/19 M and Others v Staatssecretaris van Justitie en Veiligheid and T (Transfer to a Member State)
Reference for a preliminary ruling – Asylum and immigration – Directive 2008/115/EC – Articles 3, 4, 6 and 15 – Refugee staying illegally in the territory of a Member State – Detention for the purpose of transfer to another Member State – Refugee status in that other Member State – Principle of non-refoulement – No return decision – Applicability of Directive 2008/115
Request for a preliminary ruling from the Raad van State (Netherlands)
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 20 October 2020
ECLI:EU:C:2020:840 |
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Judgment of the Court (Fifth Chamber) of 24 February 2021
ECLI:EU:C:2021:127 |
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Case C-389/19 P Commission v Sweden
Appeal – Regulation (EC) No 1907/2006 – Registration, evaluation, authorisation and restriction of chemicals – European Commission decision authorising certain uses of lead sulfochromate yellow and lead chromate molybdate sulfate red, substances listed in Annex XIV of that regulation – Substances of very high concern – Conditions of authorisation – Assessment of the lack of suitable alternatives
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Tanchev delivered on 29 October 2020
ECLI:EU:C:2020:874 |
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Judgment of the Court (First Chamber) of 25 February 2021
ECLI:EU:C:2021:131 |
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Case C-403/19 Société Générale v Ministre de l'Action et des Comptes publics
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Corporation tax – Bilateral conventions for the avoidance of double taxation – Taxation of dividends distributed by a non-resident already subject to a levy in another Member State – Maximum amount of tax credit accorded – Legal double taxation
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Judgment of the Court (Second Chamber) of 25 February 2021
ECLI:EU:C:2021:136 |
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Case C-604/19 Gmina Wrocław v Dyrektor Krajowej Informacji Skarbowej (Transformation of the right of usufruct)
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(a) – Article 9(1) – Article 13(1) – Article 14(1) and (2)(a) – Concept of ‘supply of goods’ – Transformation of the right of perpetual usufruct into full immovable property ownership rights by operation of law – Municipality collecting fees for the transformation – Concept of ‘compensation’ – Concept of ‘taxable person acting as such’ – Exception – Bodies governed by public law which engage in activities or transactions as public authorities
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu
Language of the case: Polish
| Summary |
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Opinion of Advocate General Kokott delivered on 3 September 2020
ECLI:EU:C:2020:647 |
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Judgment of the Court (First Chamber) of 25 February 2021
ECLI:EU:C:2021:132 |
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Case C-615/19 P Dalli v Commission
Appeal – Action for damages – Non-contractual liability of the European Union – Allegedly illegal conduct of the European Commission and the European Anti-Fraud Office (OLAF) – Termination of office of a Member of the Commission – Procedural rules governing the OLAF investigation – Opening of an investigation – Right to be heard – OLAF Supervisory Committee – Presumption of innocence – Assessment of the alleged damage
Language of the case: English
| Summary |
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Opinion of Advocate General Szpunar delivered on 22 September 2020
ECLI:EU:C:2020:744 |
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Judgment of the Court (First Chamber) of 25 February 2021
ECLI:EU:C:2021:133 |
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Case C-658/19 Commission v Spain (Personal Data Directive - criminal law)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2016/680 – Processing of personal data – Prevention, investigation, detection or prosecution of criminal offences – Failure to transpose and notify the transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum and a penalty payment
Language of the case: Spanish
| Summary |
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Judgment of the Court (Eighth Chamber) of 25 February 2021
ECLI:EU:C:2021:138 |
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Case C-689/19 P VodafoneZiggo Group v Commission
Appeal – Electronic communications networks and services – Directive 2002/21/EC, as amended by Directive 2009/140/EC – Consolidating the internal market for electronic communications – Article 7(3) and (7) – Draft measure made accessible by the national regulatory authority – Wholesale fixed access market in the Netherlands – Joint significant market power – Comments of the European Commission communicated to the national regulatory authority – Obligation for the national regulatory authority to take the utmost account of them – Scope – Article 263 TFEU – Action for annulment – Admissibility – Challengeable act – Article 47 of the Charter of Fundamental Rights of the European Union
Language of the case: English
| Summary |
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Judgment of the Court (Tenth Chamber) of 25 February 2021
ECLI:EU:C:2021:142 |
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Case C-712/19 Novo Banco v Junta de Andalucía
Reference for a preliminary ruling – Freedom of establishment Free movement of capital – Taxation Tax on customer deposits held by credit institutions – Tax deductions granted solely to institutions with their registered office or agencies in the territory of the Autonomous Community of Andalusia – Tax deductions granted solely for investments in projects carried out in that Autonomous Community – Common system of value added tax (VAT) Directive 2006/112/EC Article 401 Prohibition against levying other national taxes characterised as turnover taxes Concept of ‘turnover tax’ Essential characteristics of VAT None
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Judgment of the Court (Seventh Chamber) of 25 February 2021
ECLI:EU:C:2021:137 |
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Case C-772/19 Bartosch Airport Supply Services v Zollamt Wien
Reference for a preliminary ruling – Common Customs Tariff – Combined Nomenclature – Tariff classification – Tariff heading 8701 and Tariff heading 8705 – Interpretation – Aircraft tractor
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber) of 25 February 2021
ECLI:EU:C:2021:141 |
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Case C-804/19 BU v Markt24
Reference for a preliminary ruling – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Jurisdiction over individual contracts of employment – Provisions of Section 5 of Chapter II – Applicability – Contract entered into in a Member State for employment with a company established in another Member State – No work performed throughout the duration of the contract – Exclusion of the application of national rules of jurisdiction – Article 21(1)(b)(i) – Concept of the ‘place where or from where the employee habitually carries out his work’ – Contract of employment – Place of performance of the contract – Obligations of the employee towards his or her employer
Request for a preliminary ruling from the Landesgericht Salzburg
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 29 October 2020
ECLI:EU:C:2020:875 |
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Judgment of the Court (First Chamber) of 25 February 2021
ECLI:EU:C:2021:134 |
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Case C-857/19 Slovak Telekom v Protimonopolný úrad Slovenskej republiky
Reference for a preliminary ruling – Competition – Article 102 TFEU – Abuse of a dominant position – Division of competences between the European Commission and the national competition authorities – Regulation (EC) No 1/2003 – Article 11(6) – National competition authorities relieved of their competence – Principle ne bis in idem – Article 50 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
| Summary |
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Judgment of the Court (Eighth Chamber) of 25 February 2021
ECLI:EU:C:2021:139 |
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Case C-940/19 Les Chirurgiens-Dentistes de France and Others v Ministre des Solidarités et de la Santé and Others
Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Article 4f(6) – National regulation – Allowing for the possibility of partial access to one of the professions covered by the mechanism for the automatic recognition of professional qualifications
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Hogan delivered on 1 October 2020
ECLI:EU:C:2020:765 |
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Judgment of the Court (First Chamber) of 25 February 2021
ECLI:EU:C:2021:135 |
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Case C-129/20 XI v Caisse pour l'avenir des enfants (Employment at the time of birth)
Reference for a preliminary ruling – Social policy – Directive 2010/18/EU – Revised Framework Agreement on parental leave – National legislation making the grant of a right to parental leave subject to a condition of employment and to the mandatory affiliation in that regard of the worker to the social security scheme concerned on the date on which the child was born
Request for a preliminary ruling from the Cour de cassation du Grand-Duché de Luxembourg
Language of the case: French
| Summary |
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Judgment of the Court (Eighth Chamber) of 25 February 2021
ECLI:EU:C:2021:140 |
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Joined Cases C-14/21 and C-15/21 Sea Watch v Ministero delle Infrastrutture e dei Trasporti and Others
Reference for a preliminary ruling – Expedited procedure – Lack of effectiveness – Relationship with national proceedings for interim measures
Requests for a preliminary ruling from the Tribunale Amministrativo Regionale per la Sicilia
Language of the case: Italian
| Summary |
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Order of the President of the Court of 25 February 2021
ECLI:EU:C:2021:149 |
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Information (on unpublished decisions)
Case C-637/18 Commission v Hungary (Limit values – PM10)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and persistent exceedance of limit values for microparticles (PM10) in certain Hungarian zones – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures
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Judgment of the Court (Seventh Chamber) of 3 February 2021 ECLI:EU:C:2021:92 |
Case C-92/20 Rottendorf Pharma v Hauptzollamt Bielefeld
Reference for a preliminary ruling – Customs Union – Community Customs Code – Regulation (EEC) No 2913/92 – Second indent of Article 239(1) – Reimbursement of lawfully collected customs duties – Special situation – Issuance of an authorisation for release for free circulation – Invalidation of the authorisation and issue of an authorisation for inward processing with retroactive effect – Re-exporting goods outside of the EU territory – Failure to present goods to customs
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Judgment of the Court (Seventh Chamber) of 3 February 2021 ECLI:EU:C:2021:90 |
Case C-701/19 P Pilatus Bank v ECB
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Appeal manifestly unfounded – Economic and monetary policy – Prudential supervision of credit institutions – Suspension measures taken by the national supervisory authority – Appointment of a contact person – Conditional communication with the European Central Bank (ECB) – Withdrawal of licence prior to the commencement of proceedings – Action for annulment – Inadmissibility – Absence of a sufficiently clear and precise summary of the pleas in law relied on before the General Court – Failure to demonstrate a legal interest in bringing proceedings – Incorrect classification as a preparatory act – Substitution of grounds
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Order of the Court (Eighth Chamber) of 4 February 2021 ECLI:EU:C:2021:99 |
Case C-321/20 CdT v MIMR and HRMM
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Consumer protection – Temporal effects of a judgment – Directive 93/13/EEC – Unfair terms in consumer contracts – Powers of the national court when dealing with a term regarded as ‘unfair’ – Accelerated repayment term – Partial removal of the content of an unfair term – Principle of legal certainty – Obligation to interpret in conformity with EU law
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Order of the Court (Seventh Chamber) of 4 February 2021 ECLI:EU:C:2021:98 |
Case C-763/18 P-INT Unipreus
Interpretation of an order – Manifest inadmissibility
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Order of the Court (Ninth Chamber) of 11 February 2021 ECLI:EU:C:2021:109 |
Case C-755/19 T.H.C. v Commissaire général aux réfugiés et aux apatrides (Detention - Time limit for bringing proceedings)
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Order of the Court (Sixth Chamber) of 11 February 2021 ECLI:EU:C:2021:108 |
Case C-329/20 Raiffeisen Bank International v UI and MB
Reference for a preliminary ruling – Competition – Prohibition of abuse of a dominant position – Unfair trading conditions – Mortgage loan agreement denominated in a foreign currency and concluded between a bank and the members of an undertaking – Act void – Time-barred legal proceedings – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Manifest inadmissibility – Content of the request for a preliminary ruling – Insufficient information concerning the reasons justifying the need to reply to the questions referred for a preliminary ruling
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Order of the Court (Eighth Chamber) of 11 February 2021 ECLI:EU:C:2021:111 |
Case C-600/20 P Klose v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 11 February 2021 ECLI:EU:C:2021:110 |
Case C-378/20 Stadtapotheke E v Bezirkshauptmannschaft Linz-Land
Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 47 – Right to a fair trial – Application for a licence for a new pharmacy – Obligation to request an expert opinion from the chamber of pharmacists – Freedom to choose an occupation and right to engage in work – Freedom to conduct a business – Right to property – Conditions for the establishment of a new pharmacy – Proportionality – Failure to implement EU law – Article 53(2) and Article 94 of the Rules of Procedure of the Court – Clear lack of jurisdiction of the Court
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Order of the Court (Eighth Chamber) of 25 February 2021 ECLI:EU:C:2021:130 |
March 2021
Case C-746/18 Criminal proceedings against H. K. (Conditions of access to data relating to electronic communications)
Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Directive 2002/58/EC – Providers of electronic communications services – Confidentiality of the communications – Limitations – Article 15(1) – Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights of the European Union – Legislation providing for the general and indiscriminate retention of traffic and location data by providers of electronic communications services – Access of national authorities to retained data for the purpose of investigations – Combating of crime in general – Authorisation given by the public prosecutor’s office – Use of data in criminal proceedings as evidence – Admissibility
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 21 January 2020
ECLI:EU:C:2020:18 |
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Judgment of the Court (Grand Chamber) of 2 March 2021
ECLI:EU:C:2021:152 |
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Case C-824/18 A.B. and Others v Krajowa Rada Sądownictwa and Others (Appointment of judges to the Supreme Court – Actions)
Reference for a preliminary ruling – Article 2 and the second subparagraph of Article 19(1) TEU – Rule of law – Effective judicial protection – Principle of judicial independence – Procedure for appointment to a position as judge at the Sąd Najwyższy (Supreme Court, Poland) – Appointment by the President of the Republic of Poland on the basis of a resolution emanating from the National Council of the Judiciary – Lack of independence of that council – Lack of effectiveness of the judicial remedy available against such a resolution – Judgment of the Trybunał Konstytucyjny (Constitutional Court, Poland) repealing the provision on which the referring court’s jurisdiction is based – Adoption of legislation declaring the discontinuance of pending cases by operation of law and precluding in the future any judicial remedy in such cases – Article 267 TFEU – Option and/or obligation for national courts to make a reference for a preliminary ruling and to maintain that reference – Article 4(3) TEU – Principle of sincere cooperation ‐ Primacy of EU law – Power to disapply national provisions which do not comply with EU law
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Opinion of Advocate General Tanchev delivered on 17 December 2020
ECLI:EU:C:2020:1053 |
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Judgment of the Court (Grand Chamber) of 2 March 2021
ECLI:EU:C:2021:153 |
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Case C-425/19 P Commission v Italy and Others
Appeal – State aid – Measures adopted by a consortium of banks governed by private law for the benefit of one of its members – Measures authorised by the Central Bank of the Member State – Concept of ‘State aid’ – Whether imputable to the State – State resources – Evidence supporting the conclusion that a measure is imputable – Distortion of elements of fact and of law – Decision declaring the aid incompatible with the internal market
Language of the case: Italian
| Summary |
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Opinion of Advocate General Tanchev delivered on 29 October 2020
ECLI:EU:C:2020:878 |
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Judgment of the Court (Grand Chamber) of 2 March 2021
ECLI:EU:C:2021:154 |
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Case C-220/19 Promociones Oliva Park v TEAR de la Comunidad Valenciana
Reference for a preliminary ruling – Directive 2008/118/EC – General arrangements for excise duty – Article 1(2) – Other indirect taxes on excise goods – Directive 2009/28/EC – Promotion of the use of energy from renewable sources – Article 1 and Article 3(1), (2) and (3)(a), the latter paragraph read in conjunction with Article 2(k) – Directive 2009/72/EC – Common rules for the internal market in electricity – Tax on the value of electricity production – Nature and structure of the tax – Electricity from renewable sources and electricity from non-renewable sources taxed in the same way
Request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Valenciana
Language of the case: Spanish
| Summary |
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Judgment of the Court (Tenth Chamber) of 3 March 2021
ECLI:EU:C:2021:163 |
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Joined Cases C-434/19 and C-435/19 Poste Italiane v Riscossione Sicilia SpA agente riscossione per la provincia di Palermo e delle altre provincie siciliane and Agenzia delle entrate - Riscossione v Poste Italiane
References for a preliminary ruling – State aid – Competition – Article 107(1) TFEU – Conditions under which applicable – Article 106(2) TFEU – Services of general economic interest – Management of the post-office account used for collection of the municipal real estate tax – Undertakings benefiting from special or exclusive rights granted by the Member States – Fees set unilaterally by the recipient undertaking – Abuse of dominant position – Article 102 TFEU – Inadmissibility
Requests for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 24 September 2020
ECLI:EU:C:2020:750 |
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Judgment of the Court (Fifth Chamber) of 3 March 2021
ECLI:EU:C:2021:162 |
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Case C-841/19 JL v Fogasa
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 2006/54/EC – Articles 2(1) and 4 – Equal pay for male and female workers – Framework agreement on part-time work – Clause 4 – Part-time workers, primarily female – National guarantee institution for the payment of outstanding claims of relevant workers against their insolvent employers – Ceiling on the payment of those claims – Amount of the ceiling reduced for part-time workers in accordance with the hours worked by the latter in relation to the hours worked by full-time workers – Principle of pro rata temporis
Request for a preliminary ruling from the Juzgado de lo Social de Madrid
Language of the case: Spanish
| Summary |
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Order of the Court (Eighth Chamber) of 3 March 2021
ECLI:EU:C:2021:159 |
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Case C-7/20 VS v Hauptzollamt Münster (Place where VAT is incurred)
Reference for a preliminary ruling – Customs union – Union Customs Code – Regulation (EU) No 952/2013 – Article 87(4) – Place where the customs debt is incurred – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1) – Articles 70 and 71 – Chargeable event and place where the import VAT becomes chargeable – Place where the tax debt is incurred – Finding of a failure to comply with an obligation imposed by EU customs legislation – Goods which were physically introduced into the customs territory of the Union in a Member State but entered the economic network of the Union in the Member State where that finding was made
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 3 March 2021
ECLI:EU:C:2021:161 |
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Case C-403/20 P CF and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court – Monetary Agreement between the European Union and the Principality of Andorra – Alleged negligence on the part of the European Commission regarding the contents of the agreement – Alleged negligence on the part of the Commission in monitoring the implementation of the agreement – Action for damages – Dismissal of the action – Causal link – None – Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded
Language of the case: Spanish
| Summary |
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Order of the Court (Seventh Chamber) of 3 March 2021
ECLI:EU:C:2021:156 |
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Case C-507/20 FGSZ v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 90 – Reduction of the taxable amount – Total or partial non-payment of the price – Debt which has become definitively irrecoverable – Limitation period regarding applications for a subsequent reduction in the taxable amount of VAT – Date on which time starts to run
Request for a preliminary ruling from the Pécsi Törvényszék
Language of the case: Hungarian
| Summary |
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Order of the Court (Sixth Chamber) of 3 March 2021
ECLI:EU:C:2021:157 |
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Case C-193/19 A v Migrationsverket
Reference for a preliminary ruling – Area of freedom, security and justice – Border controls, asylum and immigration – Convention implementing the Schengen Agreement – Consultation of the Schengen Information System (SIS) in the examination of an application for a residence permit made by a third-country national for whom an alert has been issued in the SIS for the purposes of refusing entry – Article 25(1) – Schengen Borders Code – Entry conditions for third-country nationals – Article 6(1) and (5) – Charter of Fundamental Rights of the European Union – Article 7 and Article 24(2) – Refusal to renew a residence permit for the purposes of family reunification on the ground that the applicant’s identity cannot be established with certainty
Request for a preliminary ruling from the Förvaltningsrätten i Malmö – Migrationsdomstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 16 July 2020
ECLI:EU:C:2020:594 |
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Judgment of the Court (Fourth Chamber) of 4 March 2021
ECLI:EU:C:2021:168 |
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Case C-362/19 P Commission v Fútbol Club Barcelona
Appeal – State aid – Aid granted to certain professional football clubs – Article 107(1) TFEU – Concept of ‘advantage’ – Aid scheme – Regulation (EU) 2015/1589 – Article 1(d) – Reduced tax rate – Non-profit entities – Less advantageous tax deduction – Effect – Cross-appeal – Articles 169 and 178 of the Rules of Procedure of the Court of Justice
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 15 October 2020
ECLI:EU:C:2020:838 |
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Judgment of the Court (Fifth Chamber) of 4 March 2021
ECLI:EU:C:2021:169 |
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Joined Cases C-473/19 and C-474/19 Föreningen Skydda Skogen and Others v Länsstyrelsen i Västra Götalands län and Others
Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 12(1) – Directive 2009/147/EC – Conservation of wild birds – Article 5 – Forestry – Prohibitions intended to ensure the conservation of protected species – Plan for final felling of trees – Site hosting protected species
Requests for a preliminary ruling from the Vänersborgs tingsrätt, mark- och miljödomstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Kokott delivered on 10 September 2020
ECLI:EU:C:2020:699 |
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Judgment of the Court (Second Chamber) of 4 March 2021
ECLI:EU:C:2021:166 |
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Case C-581/19 Frenetikexito v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Supplies subject to VAT – Exemptions – Article 132(1)(c) – Provision of medical care in the exercise of the medical and paramedical professions – Nutrition monitoring and advice – Sports, physical well-being and fitness activities – Concepts of a single complex supply, a supply ancillary to the main supply, and independent supplies – Criteria
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Kokott delivered on 22 October 2020
ECLI:EU:C:2020:855 |
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Judgment of the Court (Third Chamber) of 4 March 2021
ECLI:EU:C:2021:167 |
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Case C-912/19 Agrimotion v Adama Deutschland
Reference for a preliminary ruling – Approximation of laws – Placing of plant protection products on the market – Regulation (EC) No 1107/2009 – Article 52(1) – Parallel trade permit – Personal nature of that permit
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber) of 4 March 2021
ECLI:EU:C:2021:173 |
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Case C-947/19 P Liaño Reig v SRB
Appeal – Economic and monetary union – Banking union – Recovery and resolution of credit institutions and investment firms – Single Resolution Mechanism for credit institutions and certain investment firms (SRM) – Resolution procedure – Adoption of a resolution scheme in respect of Banco Popular Español SA – Regulation (EU) No 806/2014 – Article 24 – Sale of business tool – Article 21 – Write-down and conversion of capital instruments – Tier 2 instruments – Action for annulment – Partial annulment – Not severable – Inadmissibility
Language of the case: Spanish
| Summary |
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Judgment of the Court (Eighth Chamber) of 4 March 2021
ECLI:EU:C:2021:172 |
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Case C-344/19 D. J. v Radiotelevizija Slovenija (Period of stand-by time in a remote location)
Reference for a preliminary ruling – Protection of the safety and health of workers – Organisation of working time – Directive 2003/88/EC – Article 2 – Concept of ‘working time’ – Stand-by time according to a stand-by system – Specific work maintaining television transmitters situated far away from residential areas – Directive 89/391/EEC – Articles 5 and 6 – Psychosocial risks – Obligation to prevent
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 6 October 2020
ECLI:EU:C:2020:796 |
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Judgment of the Court (Grand Chamber) of 9 March 2021
ECLI:EU:C:2021:182 |
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Case C-392/19 VG Bild-Kunst v Stiftung Preußischer Kulturbesitz
Reference for a preliminary ruling – Intellectual property – Copyright and related rights in the information society – Directive 2001/29/EC – Article 3(1) – Concept of ‘communication to the public’ – Embedding, in a third party’s website, of a copyright-protected work by means of the process of framing – Work freely accessible with the authorisation of the copyright holder on the licensee’s website – Clause in the exploitation agreement requiring the licensee to introduce effective technological measures against framing – Lawfulness – Fundamental rights – – Article 11 and Article 17(2) of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 10 September 2020
ECLI:EU:C:2020:696 |
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Judgment of the Court (Grand Chamber) of 9 March 2021
ECLI:EU:C:2021:181 |
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Case C-580/19 RJ v Stadt Offenbach am Main (A firefighter's period of stand-by time)
Reference for a preliminary ruling – Protection of the safety and health of workers – Organisation of working time – Directive 2003/88/EC – Article 2 – Concept of ‘working time’ – Period of stand-by time according to a stand-by system – Professional firefighters – Directive 89/391/EEC – Articles 5 and 6 – Psychosocial risks – Obligation to prevent
Request for a preliminary ruling from the Verwaltungsgericht Darmstadt
Language of the case: German
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 6 October 2020
ECLI:EU:C:2020:797 |
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Judgment of the Court (Grand Chamber) of 9 March 2021
ECLI:EU:C:2021:183 |
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Case C-365/19 FD v Staatliches Amt für Landwirtschaft und Umwelt Mittleres Mecklenburg
Reference for a preliminary ruling – Common agricultural policy – Direct payments – Regulation (EU) No 1307/2013 – Article 24 – Young farmer having received an initial allocation of payment entitlements – Article 30(6) – Delegated Regulation (EU) No 639/2014 – Article 28(2) – Further allocation of payment entitlements from the national reserve
Request for a preliminary ruling from the Verwaltungsgericht Schwerin
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 10 March 2021
ECLI:EU:C:2021:189 |
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Case C-572/19 P Ertico - ITS Europe v Commission
Appeal – State aid – Seventh Framework Programme for research, technological development and demonstration activities – Recommendation 2003/361/EC – Decision of the Validation Panel of the European Commission on classification as a micro, small or medium-sized enterprise (SME) – Decision 2012/838/EU, Euratom – Annex – Sections 1.2.6 and 1.2.7 – Request for review – Regulation (EC) No 58/2003 – Article 22 – No administrative proceedings – Link between request for review and administrative proceedings – Refusal of SME status despite formal observance of the Recommendation 2003/361 criteria – Legal certainty – Legitimate expectations – Handicaps usually faced by SMEs – None
Language of the case: English
| Summary |
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Judgment of the Court (Fifth Chamber) of 10 March 2021
ECLI:EU:C:2021:188 |
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Case C-708/19 Von Aschenbach & Voss v Hauptzollamt Duisburg
Reference for a preliminary ruling – Definitive anti-dumping duty – Aluminium foil originating in China – Slightly modified aluminium foil – Implementing Regulation (EU) 2017/271 – Admissibility – No action for annulment brought by the applicant in the main proceedings – Locus standi in an action for annulment
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 10 March 2021
ECLI:EU:C:2021:190 |
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Case C-739/19 VK v An Bord Pleanála
Reference for a preliminary ruling – Lawyers’ freedom to provide services – Directive 77/249/EEC – Article 5 – Obligation for a visiting lawyer representing a client in domestic legal proceedings to work in conjunction with a lawyer who practises before the judicial authority in question – Limits
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Pikamäe delivered on 3 December 2020
ECLI:EU:C:2020:988 |
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Judgment of the Court (First Chamber) of 10 March 2021
ECLI:EU:C:2021:185 |
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Case C-941/19 Samohýl group v Generální ředitelství cel
Reference for a preliminary ruling – Common Customs Tariff – Tariff classification – Combined Nomenclature – Tariff headings 3004 and 3808 – Interpretation – Regulation (EC) No 455/2007 – Spot-on solution for cats against infestations of fleas and ticks – Therapeutic or prophylactic effects
Request for a preliminary ruling from the Krajský soud v Ostravě
Language of the case: Czech
| Summary |
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Judgment of the Court (Ninth Chamber) of 10 March 2021
ECLI:EU:C:2021:192 |
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Case C-949/19 M.A. v Konsul Rzeczypospolitej Polskiej w N.
Reference for a preliminary ruling – Border controls, asylum and immigration – Visa policy – Convention implementing the Schengen Agreement – Article 21(2a) – Charter of Fundamental Rights – Article 47 – Right to an effective remedy – Refusal of a long-stay visa by the consul – Obligation on a Member State to guarantee a remedy before a tribunal against a decision refusing such a visa
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Judgment of the Court (First Chamber) of 10 March 2021
ECLI:EU:C:2021:186 |
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Case C-96/20 Ordine Nazionale dei Biologi and Others v Presidenza del Consiglio dei Ministri
Reference for a preliminary ruling – Public health – Article 168 TFEU – Directive 2002/98/EC – Standards of quality and safety of human blood and of blood components – Objective of ensuring a high level of protection of human health – Article 4(2) and Article 9(2) – Blood establishments – Responsible person – Minimum conditions of qualification – Option for a Member State to provide for a more stringent regime – Discretion afforded to the Member States
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Judgment of the Court (Eighth Chamber) of 10 March 2021
ECLI:EU:C:2021:191 |
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Case C-648/20 PPU PI
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 8(1)(c) – European arrest warrant issued by the public prosecutor’s office of a Member State for the purposes of a criminal prosecution on the basis of a detention order issued by the same authority – No judicial review prior to surrender of the requested person – Consequences – Effective judicial protection – Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Westminster Magistrates’ Court
Language of the case: English
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 11 February 2021
ECLI:EU:C:2021:115 |
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Rectification order of 13 April 2021
ECLI:EU:C:2021:265 |
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Judgment of the Court (First Chamber) of 10 March 2021
ECLI:EU:C:2021:187 |
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Case C-400/19 Commission v Hungary (Profit margins)
Failure of a Member State to fulfil obligations – Common organisation of the markets in agricultural products – Regulation (EU) No 1308/2013 – Article 34 TFEU – Selling prices of agri-food products – Minimal profit margins to be applied in the retail trade of those products
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Hogan delivered on 12 November 2020
ECLI:EU:C:2020:924 |
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Judgment of the Court (Fourth Chamber) of 11 March 2021
ECLI:EU:C:2021:194 |
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Case C-802/19 Firma Z v Finanzamt Y
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 90(1) – Reduction of the taxable amount – Principles laid down in the judgment of 24 October 1996, Elida Gibbs (C‑317/94, EU:C:1996:400) – Supplies of medicinal products – Granting of discounts – Hypothetical nature of the question referred – Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Seventh Chamber) of 11 March 2021
ECLI:EU:C:2021:195 |
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Case C-812/19 Danske Bank v Skatteverket
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 9 – Taxable person – Concept – Article 11 – VAT group ‐Principal establishment and branch of a company situated in two different Member States – Principal establishment forming part of a VAT group to which the branch does not belong – Principal establishment providing services to the branch and imputing to it the costs of those services
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
| Summary |
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Judgment of the Court (Seventh Chamber) of 11 March 2021
ECLI:EU:C:2021:196 |
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Case C-112/20 M. A. v Belgian State (Return of the parent of a minor)
Reference for a preliminary ruling – Directive 2008/115/EC – Article 5 – Return decision – Father of a minor child who is a citizen of the European Union – Taking into account the best interests of the child at the time of the adoption of the return decision
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Judgment of the Court (Tenth Chamber) of 11 March 2021
ECLI:EU:C:2021:197 |
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Case C-562/19 P Commission v Poland
Appeal – Article 107(1) TFEU – State aid – Polish tax on the retail sector – Article 108(2) TFEU – Decision to initiate the formal investigation procedure
Language of the case: Polish
| Summary |
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Opinion of Advocate General Kokott delivered on 15 October 2020
ECLI:EU:C:2020:834 |
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Judgment of the Court (Grand Chamber) of 16 March 2021
ECLI:EU:C:2021:201 |
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Case C-596/19 P Commission v Hungary
Appeal – Article 107(1) TFEU – State aid – Hungarian tax on turnover linked to advertisements – Information used to determine the reference system – Progressivity of tax rates – Transitional measure for the partial deductibility of losses carried forward – Existence of a selective advantage – Burden of proof
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Kokott delivered on 15 October 2020
ECLI:EU:C:2020:835 |
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Judgment of the Court (Grand Chamber) of 16 March 2021
ECLI:EU:C:2021:202 |
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Case C-459/19 Commissioners for Her Majesty's Revenue & Customs v Wellcome Trust
Reference for a preliminary ruling – Harmonisation of fiscal legislation – Value added tax (VAT) – Directive 2006/112/EC – Articles 43 and 44 – Place of supply of services to a taxable person acting as such – Place of supply of investment management services received by a charitable organisation for a non-economic business activity from suppliers established outside the European Union
Request for a preliminary ruling from the Upper Tribunal T(ax and Chancery Chamber)
Language of the case: English
| Summary |
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Opinion of Advocate General Hogan delivered on 25 June 2020
ECLI:EU:C:2020:496 |
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Judgment of the Court (Fifth Chamber) of 17 March 2021
ECLI:EU:C:2021:209 |
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Case C-488/19 JR (Arrest warrant – Conviction in a third State, Member of the EEA)
Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Scope – Article 8(1)(c) – Concept of ‘enforceable judgment’ – Offence giving rise to a conviction by a court of a third State – Kingdom of Norway – Judgment recognised and enforced by the issuing State by virtue of a bilateral agreement – Article 4(7)(b) – Grounds for optional non-execution of the European arrest warrant – Extra-territorial offence
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 17 September 2020
ECLI:EU:C:2020:738 |
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Judgment of the Court (First Chamber) of 17 March 2021
ECLI:EU:C:2021:206 |
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Case C-585/19 Academia de Studii Economice din Bucureşti v Organismul Intermediar pentru Programul Operaţional Capital Uman
References for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Directive 2003/88/EC – Article 2 – Definition of ‘working time’ – Article 3 – Minimum period of daily rest – Workers having concluded several employment contracts with the same employer – Application by worker
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 11 November 2020
ECLI:EU:C:2020:899 |
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Judgment of the Court (Fifth Chamber) of 17 March 2021
ECLI:EU:C:2021:210 |
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Case C-652/19 KO v Consulmarketing
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Objective reasons justifying different treatment of fixed-term workers – Directive 98/59/EC – Collective redundancy – National legislation on the protection to be afforded to a worker dismissed as part of an unlawful collective redundancy – Application of a less advantageous protection system to fixed-term contracts concluded before its entry into force and converted into contracts of an indefinite duration after that date
Request for a preliminary ruling from the Tribunale di Milano
Language of the case: Italian
| Summary |
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Judgment of the Court (Second Chamber) of 17 March 2021
ECLI:EU:C:2021:208 |
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Case C-900/19 One Voice and Ligue pour la protection des oiseaux v Ministre de la Transition écologique et solidaire
Reference for a preliminary ruling – Environment – Directive 2009/147/EC – Conservation of wild birds – Articles 5 and 8 – Prohibition of the use of any method of capture of birds – Article 9(1) – Authorisation to use, by way of derogation, a traditional method of capture of birds – Conditions – No other satisfactory solution – Preservation of that traditional method as the sole justification for the absence of an ‘other satisfactory solution’ – Selectivity of catches – National legislation authorising the capture of birds using limes
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 19 November 2020
ECLI:EU:C:2020:941 |
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Judgment of the Court (First Chamber) of 17 March 2021
ECLI:EU:C:2021:211 |
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Case C-64/20 UH v An tAire Talmhaíochta Bia agus Mara and Others
Reference for a preliminary ruling – Article 288 TFEU – Directive 2001/82/EC – Community code relating to veterinary medicinal products – Articles 58, 59 and 61 – Information to be provided on outer packaging, immediate packaging and the package leaflet for veterinary medicinal products – Obligation to provide information in all the official languages of the Member State in which the product is marketed – National legislation providing that the information may be provided in one or other of the official languages of the Member State – National court hearing an action for a declaration that the Member State had failed correctly to transpose Directive 2001/82/EC and that the competent national authorities must amend the national legislation
Request for a preliminary ruling from An Ard-Chúirt
Language of the case: Irish
| Summary |
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Opinion of Advocate General Bobek delivered on 14 January 2021
ECLI:EU:C:2021:14 |
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Judgment of the Court (First Chamber) of 17 March 2021
ECLI:EU:C:2021:207 |
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Case C-388/19 MK v Autoridade Tributária e Aduaneira (Tax on capital gains from property)
Reference for a preliminary ruling – Direct taxation – Tax on capital gains from immovable property – Free movement of capital – Basis for assessment of tax – Discrimination – Option to be taxed according to the same arrangements as residents – Compliance with EU law
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Hogan delivered on 19 November 2020
ECLI:EU:C:2020:940 |
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Judgment of the Court (First Chamber) of 18 March 2021
ECLI:EU:C:2021:212 |
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Case C-440/19 P Pometon v Commission
Appeal – Agreements, decisions and concerted practices – European steel abrasives market – Participation in bilateral and multilateral contacts with the aim of coordinating prices throughout the European Economic Area (EEA) – ‘Hybrid’ procedure having led successively to the adoption of a settlement decision and a decision made under the ordinary procedure – Charter of Fundamental Rights of the European Union – Article 41 – Principle of impartiality of the European Commission – Article 48 – Presumption of innocence – Obligation to state reasons – Single and continuous infringement – Duration of the infringement – Equal treatment – Unlimited jurisdiction
Language of the case: Italian
| Summary |
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Opinion of Advocate General Hogan delivered on 8 October 2020
ECLI:EU:C:2020:816 |
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Judgment of the Court (Fourth Chamber) of 18 March 2021
ECLI:EU:C:2021:214 |
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Case C-578/19 X v Kuoni Travel
Reference for a preliminary ruling – Directive 90/314/EEC – Article 5(2), third indent – Package travel, package holidays and package tours – Contract concerning package travel concluded between a travel organiser and a consumer – Liability of the travel organiser for the proper performance of obligations arising from the contract by other suppliers of services – Damage resulting from the acts of an employee of a supplier of services – Exemption from liability – Event that cannot be foreseen or forestalled by the travel organiser or the supplier of services – Concept of a ‘supplier of services’
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
| Summary |
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Opinion of Advocate General Szpunar delivered on 10 November 2020
ECLI:EU:C:2020:894 |
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Judgment of the Court (Third Chamber) of 18 March 2021
ECLI:EU:C:2021:213 |
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Case C-895/19 A. v Dyrektor Krajowej Informacji Skarbowej (Exercise of the right of deduction)
Reference for a preliminary ruling – Indirect taxation – VAT – Directive 2006/112/EC – Intra-Community acquisition of goods – Deduction of input tax payable on such an acquisition – Procedural requirements – Substantive requirements – Period within which the tax declaration must be submitted – Principles of fiscal neutrality and proportionality
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Gliwicach
Language of the case: Polish
| Summary |
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Judgment of the Court (Ninth Chamber) of 18 March 2021
ECLI:EU:C:2021:216 |
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Case C-48/20 P v Dyrektor Izby Skarbowej w B. (Fuel cards)
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 203 – Taxes improperly invoiced – Good faith on the part of the issuer of the invoice – Risk of loss of tax revenue – Obligations of the Member States to provide for the possibility of adjusting tax improperly invoiced – Principles of fiscal neutrality and proportionality
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
| Summary |
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Judgment of the Court (Sixth Chamber) of 18 March 2021
ECLI:EU:C:2021:215 |
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Case C-28/20 Airhelp v Scandinavian Airlines System Denmark – Norway – Sweden
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(3) – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Exemption from the obligation to pay compensation – Concept of ‘extraordinary circumstances’ – Pilots’ strike organised within a legal framework – Circumstances that are ‘internal’ and ‘external’ to the operating air carrier’s activity – Articles 16, 17 and 28 of the Charter of Fundamental Rights of the European Union – No impairment of the air carrier’s freedom to conduct a business, right to property and right of negotiation
Request for a preliminary ruling from the Attunda tingsrätt
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Pikamäe delivered on 16 March 2021
ECLI:EU:C:2021:203 |
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Judgment of the Court (Grand Chamber) of 23 March 2021
ECLI:EU:C:2021:226 |
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Case C-771/19 NAMA and Others v AEPP and Attiko Metro
Reference for a preliminary ruling – Procurement contracts in the water, energy, transport and telecommunications sectors – Directive 92/13/EEC – Review procedures – Pre-contractual stage – Assessment of bids – Rejection of a technical bid and acceptance of the bid of a competitor – Suspension of the implementation of that measure – Legitimate interest of the unsuccessful tenderer in challenging the legality of the bid of the successful tenderer
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
| Summary |
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Judgment of the Court (Tenth Chamber) of 24 March 2021
ECLI:EU:C:2021:232 |
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Joined Cases C-870/19 and C-871/19 Prefettura Ufficio territoriale del governo di Firenze v MI and TB
Reference for a preliminary ruling – Approximation of laws – Recording equipment in road transport – Regulation (EEC) No 3821/85 – Article 15(7) – Regulation (EC) No 561/2006 – Control proceedings – Administrative penalty – Failure to produce the record sheets for the tachograph relating to the current day and the previous 28 days – Single or multiple infringement
Requests for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Judgment of the Court (Tenth Chamber) of 24 March 2021
ECLI:EU:C:2021:233 |
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Case C-950/19 Proceedings brought by A
Reference for a preliminary ruling – Company law – Directive 2006/43/EC – Statutory audit of annual and consolidated accounts – Article 22a(1)(a) – Recruitment of a statutory auditor by an audited entity – Waiting period – Prohibition on taking up a key management post in the audited entity – Infringement – Gravity and duration of the infringement – Expression ‘taking up a post’ – Scope – Conclusion of an employment contract with the audited entity – Independence of statutory auditors – External appearance
Request for a preliminary ruling from the Helsingin hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 10 December 2020
ECLI:EU:C:2020:1019 |
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Judgment of the Court (Fifth Chamber) of 24 March 2021
ECLI:EU:C:2021:230 |
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Case C-603/20 PPU SS v MCP
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Article 10 – Jurisdiction in matters of parental responsibility – Abduction of a child – Jurisdiction of the courts of a Member State – Territorial scope – Removal of a child to a third State – Habitual residence acquired in that third State
Request for a preliminary ruling from the High Court of Justice (England and Wales), Family Division
Language of the case: English
| Summary |
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Opinion of Advocate General Rantos delivered on 23 February 2021
ECLI:EU:C:2021:126 |
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Judgment of the Court (Fifth Chamber) of 24 March 2021
ECLI:EU:C:2021:231 |
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Case C-591/16 P Lundbeck v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Pharmaceutical products – Market for antidepressants (citalopram) – Settlement agreements relating to disputes concerning process patents concluded by a manufacturer of originator medicines who is the holder of those patents and manufacturers of generic medicines – Article 101 TFEU – Potential competition – Restriction by object – Characterisation – Calculation of the amount of the fine – Sales directly or indirectly related to the infringement
Language of the case: English
| Summary |
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Rectification order of 3 September 2021
ECLI:EU:C:2021:701 |
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Judgment of the Court (Fourth Chamber) of 25 March 2021
ECLI:EU:C:2021:243 |
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Case C-611/16 P Xellia Pharmaceuticals and Alpharma v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Pharmaceutical products – Market for antidepressants (citalopram) – Settlement agreements relating to disputes concerning process patents concluded by a manufacturer of originator medicines who is the holder of those patents and manufacturers of generic medicines – Article 101 TFEU – Potential competition – Restriction by object – Characterisation – Calculation of the amount of the fine – Rights of the defence – Reasonable time – Loss of documents due to the passage of time – General duty of care – Regulation (EC) No 1/2003 – Second subparagraph of Article 23(2) – Maximum amount of the fine – Taking into account the business year preceding that in which the European Commission’s decision was adopted – Last full year of normal economic activity
Language of the case: English
| Summary |
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Judgment of the Court (Fourth Chamber) of 25 March 2021
ECLI:EU:C:2021:245 |
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Case C-501/18 BT v Balgarska Narodna Banka
Reference for a preliminary ruling – Deposit-guarantee schemes – Directive 94/19/EC – Article 1(3)(i) – Article 7(6) – Article 10(1) – Concept of ‘unavailable deposit’ – Determination of unavailability of deposits – Competent authority – Depositor’s rights to compensation – Contractual clause contrary to Directive 94/19 – Principle of primacy of Union law – European System of Financial Supervision – European Banking Authority (EBA) – Regulation (EU) No 1093/2010 – Article 1(2) – Article 4(2)(iii) – Article 17(3) – EBA recommendation to a national banking authority on measures to comply with Directive 94/19 – Legal effects – Validity – Reorganisation and winding up of credit institutions – Directive 2001/24/EC – Article 2, seventh indent – Concept of ‘reorganisation measures’ – Compatibility with Article 17(1) and Article 52(1) of the Charter of Fundamental Rights of the European Union – Liability of Member States for breach of Union law – Conditions – Sufficiently serious breach of EU law – Procedural autonomy of Member States – Principle of sincere cooperation – Article 4(3) TEU – Principles of equivalence and effectiveness
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 17 September 2020
ECLI:EU:C:2020:729 |
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Judgment of the Court (Fourth Chamber) of 25 March 2021
ECLI:EU:C:2021:249 |
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Case C-152/19 P Deutsche Telekom v Commission
Appeal – Competition – Article 102 TFEU – Abuse of dominant position – Slovak market for broadband internet access services – Regulatory obligation on the part of operators with significant market power to grant access to the local loop – Conditions laid down by the incumbent operator for unbundled access by other operators to the local loop – Indispensability of the access – Imputability of a subsidiary’s conduct to the parent company – Rights of the defence
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 9 September 2020
ECLI:EU:C:2020:678 |
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Judgment of the Court (Third Chamber) of 25 March 2021
ECLI:EU:C:2021:238 |
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Case C-165/19 P Slovak Telekom v Commission
Appeal – Competition – Article 102 TFEU – Abuse of dominant position – Slovak market for broadband internet access services – Regulatory obligation on the part of operators with significant market power to grant access to the local loop – Conditions laid down by the incumbent operator for unbundled access by other operators to the local loop – Indispensability of the access – Margin squeeze – Costs – Competitor at least as efficient as the dominant undertaking – Rights of the defence
Language of the case: English
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 9 September 2020
ECLI:EU:C:2020:678 |
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Judgment of the Court (Third Chamber) of 25 March 2021
ECLI:EU:C:2021:239 |
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Case C-307/19 Obala i lučice v NLB Leasing
Reference for a preliminary ruling – Applicable law – Regulation (EC) No 864/2007 and Regulation (EC) No 593/2008 – Scope ratione temporis – Lack of jurisdiction of the Court – Article 94 of the Rules of Procedure of the Court – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Article 1(1) – Substantive scope – Concept of ‘civil and commercial matters’ – Article 7(1) – Concepts of ‘matters relating to a contract’ and ‘provision of services’ – Article 24(1) – Concept of ‘tenancies of immovable property’ – Regulation (EC) No 1393/2007 – Service of judicial and extrajudicial documents – Notaries acting in enforcement proceedings – Proceedings for the recovery of a debt relating to a daily parking ticket for a vehicle parked on the public highway
Request for a preliminary ruling from the Visoki trgovački sud Republike Hrvatske
Language of the case: Croatian
| Summary |
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Opinion of Advocate General Bobek delivered on 26 November 2020
ECLI:EU:C:2020:971 |
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Judgment of the Court (First Chamber) of 25 March 2021
ECLI:EU:C:2021:236 |
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Joined Cases C-517/19 P and C-518/19 P Alvarez y Bejarano and Others v Commission
Appeal – Civil service – Staff Regulations of Officials of the European Union – Reform of the Staff Regulations – Regulation (EU, Euratom) No 1023/2013 – New provisions on the reimbursement of annual travel expenses and the grant of travelling time – Link with expatriate or foreign resident status – Plea of illegality – Principles of equal treatment and proportionality – Intensity of judicial review
Language of the case: French
| Summary |
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Opinion of Advocate General Pikamäe delivered on 21 October 2020
ECLI:EU:C:2020:848 |
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Judgment of the Court (Third Chamber) of 25 March 2021
ECLI:EU:C:2021:240 |
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Case C-907/19 Q-GmbH v Finanzamt Z (Special risk insurance)
Reference for a preliminary ruling – Directive 2006/112/EC – Value added tax (VAT) – Exemptions – Article 135(1)(a) – Insurance transactions and related services performed by insurance brokers and insurance agents – Service supplied for an insurer, comprising different services – Categorisation as a single supply
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber) of 25 March 2021
ECLI:EU:C:2021:237 |
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Case C-92/21 VW v Fedasil
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Border controls, asylum and immigration – Asylum policy – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Regulation (EU) No 604/2013 (Dublin III) – Article 27 – Remedies against a transfer decision – Suspensive effect of the remedy – Article 29 – Modalities and time limits for transfers – Standards for the reception of applicants for international protection – Directive 2013/33/EU – Article 18 – National measure allocating to an applicant in respect of whom a transfer decision has been made a place in a specialised reception facility where those accommodated receive support in preparing to be transferred
Request for a preliminary ruling from the Tribunal du travail de Liège
Language of the case: French
| Summary |
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Order of the Court (Fifth Chamber) of 26 March 2021
ECLI:EU:C:2021:258 |
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Case C-134/21 EV v Fedasil
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Border controls, asylum and immigration – Asylum policy – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Regulation (EU) No 604/2013 (Dublin III) – Article 27 – Remedies against a transfer decision – Suspensive effect of the remedy – Article 29 – Modalities and time limits for transfers – Standards for the reception of applicants for international protection – Directive 2013/33/EU – Article 18 – National measure allocating to an applicant in respect of whom a transfer decision has been made a place in a specialised reception facility where those accommodated receive support in preparing to be transferred
Request for a preliminary ruling from the Tribunal du travail de Liège
Language of the case: French
| Summary |
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Order of the Court (Fifth Chamber) of 26 March 2021
ECLI:EU:C:2021:257 |
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Information (on unpublished decisions)
Case C-13/19 Ibercaja Banco v TJ and UK
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Order of the Court (Seventh Chamber) of 3 March 2021 ECLI:EU:C:2021:158 |
Case C-523/20 Koppány 2007 v Vas Megyei Kormányhivatal
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Social security – Regulation (EU) No 1231/2010 – Applicable legislation – A1 certificate – Article 1 – Extension of A1 certificate to nationals of third countries residing legally in the territory of a Member State – Legal residence – Concept
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Order of the Court (Tenth Chamber) of 3 March 2021 ECLI:EU:C:2021:160 |
Case C-514/18 P-DEP Schmid v Landeskammer für Land- und Forstwirtschaft in Steiermark
Taxation of costs
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Order of the Court (Tenth Chamber) of 4 March 2021 ECLI:EU:C:2021:180 |
Case C-664/18 Commission v United Kingdom (Limit values − NO2)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and persistent exceedance of the limit values for nitrogen dioxide (NO2) in certain areas of the United Kingdom – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures
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Judgment of the Court (Seventh Chamber) of 4 March 2021 ECLI:EU:C:2021:171 |
Case C-399/20 P XH v Commission
Appeal – Article 181 of the Rules of Procedure of the Court – Civil service – Officials – Appraisal – Promotion – 2017 promotion exercise – List of officials promoted – Decision not to include an official on that list – Action for annulment and for damages – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Seventh Chamber) of 16 March 2021 ECLI:EU:C:2021:205 |
Case C-557/20 Criminal proceedings against DS (Equine hoof care)
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – National legislation reserving the activity of a farriery solely to those with a diploma in farriery – Compatibility with Articles 101 to 106 TFEU – Insufficient information on the factual and legislative context of the main proceedings and on the reasons why the answer to the question referred for a preliminary ruling is necessary – Manifest inadmissibility
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Order of the Court (Sixth Chamber) of 16 March 2021 ECLI:EU:C:2021:204 |
Case C-667/20 P Laboratorios Ern v EUIPO
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Order of the Court ((Chamber determining whether appeals may proceed) of 18 March 2021 ECLI:EU:C:2021:223 |
Case C-678/20 P Laboratorios Ern v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 18 March 2021 ECLI:EU:C:2021:224 |
Case C-639/20 P CEDC International v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue of law is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 23 March 2021 ECLI:EU:C:2021:227 |
Case C-681/20 P smart things solutions v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 25 March 2021 ECLI:EU:C:2021:234 |
Case C-586/16 P Sun Pharmaceutical Industries and Ranbaxy (UK) v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Pharmaceutical products – Market for antidepressant medicines (citalopram) – Settlement agreements concerning process patents concluded between a manufacturer of originator medicines holding those patents and manufacturers of generic medicines – Article 101 TFEU – Potential competition – Restriction by object – Characterisation – Calculation of the amount of the fine
Case C-588/16 P Generics (UK) v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Pharmaceutical products – Market for antidepressants (citalopram) – Settlement agreements relating to disputes concerning process patents concluded by a manufacturer of originator medicines who is the holder of those patents and manufacturers of generic medicines – Article 101 TFEU – Potential competition – Restriction by object – Characterisation – Calculation of the amount of the fine
Case C-601/16 P Arrow Group and Arrow Generics v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Pharmaceutical products – Market for antidepressant medicines (citalopram) – Settlement agreements concerning process patents concluded between a manufacturer of originator medicines holding those patents and manufacturers of generic medicines – Article 101 TFEU – Potential competition – Restriction by object – Characterisation – Calculation of the amount of the fine
Case C-614/16 P Merck v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Pharmaceutical products – Market for antidepressant medicines (citalopram) – Settlement agreements concerning process patents concluded between a manufacturer of originator medicines holding those patents and manufacturers of generic medicines – Article 101 TFEU – Potential competition – Restriction by object – Characterisation – Calculation of the amount of the fine
Case C-565/19 P Carvalho and Others v Parliament and Council
Appeal – Action for annulment and for damages – Environment – 2030 climate and energy package – Fourth paragraph of Article 263 TFEU – Lack of individual concern
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Judgment of the Court (Sixth Chamber) of 25 March 2021 ECLI:EU:C:2021:252 |
Case C-856/19 Commission v Hungary (Excise duty on cigarettes)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive 2011/64/EU – Article 10(2) and (3) – Excise duty applied to manufactured tobacco – Rate of the overall excise duty on cigarettes lower than the prescribed minimum rate – Internal difficulties – Threat of serious disruption to public order – Duty of sincere cooperation
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Judgment of the Court (Sixth Chamber) of 25 March 2021 ECLI:EU:C:2021:253 |
Case C-503/20 Banco Santander v YC
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Order of the Court (Sixth Chamber) of 25 March 2021 ECLI:EU:C:2021:254 |
Case C-722/20 P Ultrasun v EUIPO
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Order of the Court (Chamber determining whether appeals may proceed) of 25 March 2021 ECLI:EU:C:2021:255 |
April 2021
Case C-364/19 XU and Others v Credit Europe Ipotecar IFN and Credit Europe Bank
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Consumer protection – Unfair terms – Directive 93/13/EEC – Article 1(2) – Exclusion from the scope of that directive of contractual terms which reflect mandatory provisions of national law – Article 4(2) – Exception to the assessment of whether a term is unfair – Credit agreement denominated in a foreign currency – Alleged infringement of the obligation of information borne by a seller or supplier – Examination to be carried out by the national court as a matter of priority in the light of Article 1(2)
Request for a preliminary ruling from the Tribunalul Galaţi
Language of the case: Romanian
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Order of the Court (Sixth Chamber) of 14 April 2021
ECLI:EU:C:2021:306 |
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Case C-108/20 HR v Finanzamt Wilmersdorf
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Articles 167 and 168 – Right to deduct input VAT – Refusal – Fraud – Supply chain – Refusal of the right to deduct where the taxable person knew or should have known that, by his or her purchase, he or she was participating in a transaction connected to VAT fraud
Request for a preliminary ruling from the Finanzgericht Berlin-Brandenburg
Language of the case: German
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Order of the Court (Tenth Chamber) of 14 April 2021
ECLI:EU:C:2021:266 |
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Case C-504/20 P Wagenknecht v European Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Protection of the financial interests of the European Union – Combating fraud – European Council meetings – Multiannual Financial Framework – Request for exclusion of the representative of the Czech Republic due to an alleged conflict of interest – Reply claiming lack of competence – Action for failure to act – Alleged failure to act by the European Council – Inadmissibility – Definition of position – Locus standi – Interest in bringing proceedings
Language of the case: English
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Order of the Court (Eighth Chamber) of 14 April 2021
ECLI:EU:C:2021:305 |
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Joined Cases C-798/18 and C-799/18 Federazione nazionale delle imprese elettrotecniche ed elettroniche (Anie) and Others and Athesia Energy Srl and Others v Ministero dello Sviluppo Economico and GSE
References for a preliminary ruling – Environment – Articles 16 and 17 of the Charter of Fundamental Rights of the European Union – Principles of legal certainty and of the protection of legitimate expectations – Energy Charter Treaty – Article 10 – Applicability – Directive 2009/28/EC – Article 3(3)(a) – Promotion of the use of energy from renewable sources – Production of electricity from solar photovoltaic installations – Alteration of a support scheme
Requests for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
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Opinion of Advocate General Saugmandsgaard Øe delivered on 29 October 2020
ECLI:EU:C:2020:876 |
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Judgment of the Court (Fifth Chamber) of 15 April 2021
ECLI:EU:C:2021:280 |
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Case C-30/19 Diskrimineringsombudsmannen v Braathens Regional Aviation
Reference for a preliminary ruling – Equal treatment between persons irrespective of racial or ethnic origin – Directive 2000/43/EC – Article 7 – Protection of rights – Article 15 – Sanctions – Action for compensation based on an allegation of discrimination – Defendant acquiescing to claim for compensation without recognition on its part of the discrimination alleged – Connection between the compensation paid and the discrimination alleged – Article 47 of the Charter of Fundamental Rights of the European Union – Right to effective judicial protection – National procedural rules preventing the court seised from ruling on whether there was discrimination as alleged, despite the express request of the claimant
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
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Opinion of Advocate General Saugmandsgaard Øe delivered on 14 May 2020
ECLI:EU:C:2020:374 |
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Judgment of the Court (Grand Chamber) of 15 April 2021
ECLI:EU:C:2021:269 |
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Case C-194/19 H. A. v État belge (Circumstances subsequent to a transfer decision)
Reference for a preliminary ruling – Regulation (EU) No 604/2013 – Determination of the Member State responsible for examining an application for international protection – Article 27 – Remedy – Whether account should be taken of circumstances subsequent to the transfer decision – Effective judicial protection
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Rantos delivered on 2 February 2021
ECLI:EU:C:2021:85 |
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Judgment of the Court (Grand Chamber) of 15 April 2021
ECLI:EU:C:2021:270 |
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Case C-221/19 AV (Aggregate sentence)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2008/909/JHA – Article 8(2) and (4): – Article 17(1) and (2) – Article 19 – Taking into account, for the purposes of an aggregate sentence, of a conviction delivered in another Member State, which must be enforced in the Member State in which that judgment is delivered – Conditions – Framework Decision 2008/675/JHA – Article 3(3) – Concept of ‘interference with a sentence or its execution’ which must be taken into account in the event of new criminal proceedings initiated in a Member State other than that in which the ruling was delivered
Request for a preliminary ruling from the Sąd Okręgowy w Gdańsku
Language of the case: Polish
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Opinion of Advocate General Richard de la Tour delivered on 8 October 2020
ECLI:EU:C:2020:815 |
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Judgment of the Court (Fourth Chamber) of 15 April 2021
ECLI:EU:C:2021:278 |
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Case C-470/19 Friends of the Irish Environment v Commissioner for Environmental Information
Reference for a preliminary ruling – Aarhus Convention – Directive 2003/4/EC – Right of access to environmental information held by public authorities – Article 2, point 2 – Notion of ‘public authority’ – Bodies or institutions when acting in a judicial or legislative capacity – Information in the file of closed court proceedings
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
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Opinion of Advocate General Bobek delivered on 3 December 2020
ECLI:EU:C:2020:986 |
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Judgment of the Court (First Chamber) of 15 April 2021
ECLI:EU:C:2021:271 |
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Case C-511/19 AB v Olympiako Athlitiko Kentro Athinon
Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Principle of equal treatment in employment and occupation – Prohibition of discrimination on grounds of age – Workers placed under a labour reserve system until termination of their contract of employment – Wage reduction and reduction or loss of severance pay – System applicable to public-sector workers close to full-time retirement – Reduction of public-sector wage costs – Article 6(1) – Legitimate social policy objective – Economic crisis
Request for a preliminary ruling from the Areios Pagos
Language of the case: Greek
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Opinion of Advocate General Richard de la Tour delivered on 19 November 2020
ECLI:EU:C:2020:944 |
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Judgment of the Court (Third Chamber) of 15 April 2021
ECLI:EU:C:2021:274 |
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Case C-515/19 Eutelsat v ARCEP and Inmarsat Ventures
Reference for a preliminary ruling – Approximation of laws – Telecommunications sector – Harmonised use of radio spectrum in the 2 GHz frequency bands for bringing into operation systems providing mobile satellite services – Decision No 626/2008/EC – Article 2(2)(a) and (b) – Article 4(1)(c)(ii) – Article 7(1) and (2) – Article 8(1) and (3) – Mobile satellite systems – Concept of ‘mobile earth station’ – Concept of ‘complementary ground components’ – Concept of ‘required quality’ – Respective role of satellite and ground components – Requirement for a selected operator of mobile satellite systems to provide service for a certain percentage of the population and territory – Non-compliance – Effect
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
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Opinion of Advocate General Saugmandsgaard Øe delivered on 12 November 2020
ECLI:EU:C:2020:922 |
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Judgment of the Court (Second Chamber) of 15 April 2021
ECLI:EU:C:2021:273 |
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Case C-593/19 SK Telecom v Finanzamt Graz-Stadt
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Determination of the place of supply of telecommunications services – Roaming of third-country nationals on mobile communications networks within the European Union – Point (b) of the first paragraph of Article 59a – Option for Member States to transfer the place of supply of telecommunications services to their territory
Request for a preliminary ruling from the Bundesfinanzgericht, Außenstelle Graz
Language of the case: German
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Opinion of Advocate General Saugmandsgaard Øe delivered on 22 October 2020
ECLI:EU:C:2020:851 |
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Judgment of the Court (Fifth Chamber) of 15 April 2021
ECLI:EU:C:2021:281 |
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Case C-729/19 TKF v Department of Justice for Northern Ireland
Reference for a preliminary ruling – Judicial cooperation in civil matters – Recognition and enforcement of decisions in matters relating to maintenance obligations – Regulation (EC) No 4/2009 – Temporal scope – Article 75 – Decisions given by a court of a Member State prior to accession to the European Union
Request for a preliminary ruling from the Court of Appeal in Northern Ireland
Language of the case: English
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Opinion of Advocate General Hogan delivered on 12 November 2020
ECLI:EU:C:2020:923 |
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Rectification order of 12 May 2021
ECLI:EU:C:2021:390 |
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Judgment of the Court (Third Chamber) of 15 April 2021
ECLI:EU:C:2021:275 |
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Case C-736/19 Plaukti
Reference for a preliminary ruling – Agriculture – European agricultural fund for rural development (EAFRD) – Regulation (EC) No 1698/2005 – Regulation (EU) No 65/2011 – Third subparagraph of Article 16(5) – Regulation (EC) No 73/2009 – Articles 4 and 6 – Regulation (EC) No 1122/2009 – Support for rural development – Agri-environmental payments – Aid for the maintenance of grassland biodiversity – Non-compliance with the conditions for granting those payments – Early mowing – Reduction and exclusion of those payments – Mandatory standards – Statutory management requirements – Minimum requirements for good agricultural and environmental conditions – Commitments that exceed mandatory standards, minimum requirements and other appropriate mandatory requirements established by national legislation
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
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Judgment of the Court (Sixth Chamber) of 15 April 2021
ECLI:EU:C:2021:282 |
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Case C-786/19 The North of England P & I Association v Bundeszentralamt für Steuern
Reference for a preliminary ruling – Direct insurance other than life assurance – Second Directive 88/357/EEC – Second indent of Article 2(d) – Directive 92/49/EEC – First subparagraph of Article 46(2) – Taxation of insurance premiums – Concept of ‘Member State where the risk is situated’ – Vehicles of any type – Concept of ‘Member State of registration’ – Insurance of sea-going vessels – Ships entered in the shipping register maintained by one Member State but flying the flag of another Member State or of a third State under a temporary flagging-out authorisation
Request for a preliminary ruling from the Finanzgericht Köln
Language of the case: German
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Opinion of Advocate General Rantos delivered on 27 January 2021
ECLI:EU:C:2021:67 |
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Judgment of the Court (Third Chamber) of 15 April 2021
ECLI:EU:C:2021:276 |
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Case C-846/19 EQ v Administration de l'Enregistrement, des Domaines et de la TVA
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Economic activity – Supply of services for consideration – Article 2(1)(c) and Article 9(1) – Exemptions – Article 132(1)(g) – Supply of services closely linked to welfare and social security work – Services performed by a lawyer under powers of representation for the protection of adults lacking legal capacity – Body recognised as being devoted to social wellbeing
Request for a preliminary ruling from the Tribunal d'arrondissement
Language of the case: French
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Opinion of Advocate General Pitruzzella delivered on 14 January 2021
ECLI:EU:C:2021:17 |
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Judgment of the Court (Third Chamber) of 15 April 2021
ECLI:EU:C:2021:277 |
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Case C-935/19 Grupa Warzywna v Dyrektor Izby Administracji Skarbowej we Wrocławiu
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 273 – Overstatement in the tax return of the amount of the refund of VAT – Error of assessment by the taxable person concerning the taxable nature of a transaction – Correction of the tax return following an audit – Penalty of an amount equal to 20% of the overstated VAT reimbursement – Principle of proportionality
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu
Language of the case: Polish
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Judgment of the Court (Ninth Chamber) of 15 April 2021
ECLI:EU:C:2021:287 |
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Case C-53/20 Hengstenberg v Spreewaldverein
Reference for a preliminary ruling – Protection of geographical indications and designations of origin for agricultural products and foodstuffs – Regulation (EU) No 1151/2012 – First subparagraph of Article 49(3) and second subparagraph of Article 49(4) – First subparagraph of Article 53(2) – Amendment to a product specification – Spreewald gherkins (Germany) ‘Spreewälder Gurken (PGI)’ – Amendments which are not minor – Opposition proceedings – Statement of opposition to the amendment application – Appeal against the decision granting that application – Concept of ‘legitimate interest’
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Judgment of the Court (Fourth Chamber) of 15 April 2021
ECLI:EU:C:2021:279 |
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Case C-62/20 Vogel Import Export v Belgische Staat
Reference for a preliminary ruling – Regulation (EEC) No 2658/87 – Customs union – Common Customs Tariff – Tariff classification – Combined Nomenclature – Tariff headings – Headings 4407 and 4409 – Planed wooden boards the four corners of which have been slightly rounded over the entire length of the board
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel
Language of the case: Dutch
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Judgment of the Court (Tenth Chamber) of 15 April 2021
ECLI:EU:C:2021:288 |
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Case C-594/20 Kuluttaja-asiamies v MiGame Oy
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 2011/83/EU – Consumer contracts – Article 21 – ‘Communication by telephone’ – Telephone line operated by a trader so that consumers may contact it for matters relating to a previously concluded contract – Provision by a company, as part of the after-sales service for previously concluded contracts, of two telephone lines, namely a premium-rate landline and a mobile telephone line that is free of charge – Media content targeted at customers – Acceptability of a helpline which charges customers at a rate exceeding the basic rate – Concept of ‘basic rate’
Request for a preliminary ruling from the Markkinaoikeus
Language of the case: Finnish
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Order of the Court (Sixth Chamber) of 15 April 2021
ECLI:EU:C:2021:309 |
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Case C-896/19 Repubblika v Il-Prim Ministru
Reference for a preliminary ruling – Article 2 TEU – Values of the European Union – Rule of law – Article 49 TEU – Accession to the European Union – No reduction in the level of protection of the values of the European Union – Effective judicial protection – Article 19 TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Scope – Independence of the members of the judiciary of a Member State – Appointments procedure – Power of the Prime Minister – Involvement of a judicial appointments committee
Request for a preliminary ruling from the Qorti Ċivili Prim’Awla - Ġurisdizzjoni Kostituzzjonali
Language of the case: Maltese
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Opinion of Advocate General Hogan delivered on 17 December 2020
ECLI:EU:C:2020:1055 |
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Judgment of the Court (Grand Chamber) of 20 April 2021
ECLI:EU:C:2021:311 |
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Case C-572/18 P thyssenkrupp Electrical Steel and thyssenkrupp Electrical Steel Ugo v Commission
Appeal – Customs union – Regulation (EU) No 952/2013 – Article 211(6) – Authorisation for inward processing of certain grain-oriented electrical steel products – Risk of adverse effect on the essential interests of EU producers – Examination of the economic conditions – Implementing Regulation (EU) 2015/2447 – Article 259 – European Commission’s conclusion on the economic conditions – Article 263 TFEU – Act not open to challenge
Language of the case: English
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Opinion of Advocate General Hogan delivered on 26 November 2020
ECLI:EU:C:2020:973 |
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Judgment of the Court (Fourth Chamber) of 22 April 2021
ECLI:EU:C:2021:317 |
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Case C-46/19 P Council v PKK
Appeal – Common Foreign and Security Policy – Combating terrorism – Restrictive measures taken against certain persons and entities – Freezing of funds – Common Position 2001/931/CFSP – Article 1(3), (4) and (6) – Regulation (EC) No 2580/2001 – Article 2(3) – Retention of an organisation on the list of persons, groups and entities involved in terrorist acts – Conditions – Decision by a competent authority – Ongoing risk of involvement in terrorist activities – Factual basis of the decisions to freeze funds – Decision to review the national decision on which the initial inclusion was based – Obligation to state reasons
Language of the case: English
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Judgment of the Court (Second Chamber) of 22 April 2021
ECLI:EU:C:2021:316 |
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Case C-485/19 LH v Profi Credit Slovakia
Reference for a preliminary ruling – Consumer protection – Directive 2008/48/EC – Credit agreements for consumers – Directive 93/13/EEC – Unfair contract terms – Payment made under an unlawful term – Unjust enrichment of the lender – Right to restitution time-barred – Principles of Union law – Principle of effectiveness – Article 10(2) of Directive 2008/48 – Information to be included in a credit agreement – Elimination of certain national requirements on the basis of the case-law of the Court – Interpretation of the old version of the national legislation in accordance with that case-law – Temporal effects
Request for a preliminary ruling from the Krajský súd v Prešove
Language of the case: Slovak
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Opinion of Advocate General Szpunar delivered on 3 September 2020
ECLI:EU:C:2020:645 |
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Judgment of the Court (First Chamber) of 22 April 2021
ECLI:EU:C:2021:313 |
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Case C-537/19 Commission v Austria (Lease of a building not yet built)
Failure of a Member State to fulfil obligations – Directive 2004/18/EC – Public works contracts – Contract between a public body and a private undertaking for the lease of building not yet constructed – Article 1 – Realisation of a work corresponding to requirements specified by the tenant – Article 16 – Precluded
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 22 October 2020
ECLI:EU:C:2020:850 |
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Judgment of the Court (Fifth Chamber) of 22 April 2021
ECLI:EU:C:2021:319 |
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Case C-703/19 J.K. v Dyrektor Izby Administracji Skarbowej w Katowicach
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 98(2) – Option for Member States to apply one or two reduced VAT rates to certain supplies of goods and services – Classification of a commercial activity as ‘provision of services’ – Annex III, point 12a – Implementing regulation (EU) No 282/2011 – Article 6 – Concept of ‘restaurant and catering services’ – Meals ready for immediate consumption on the vendor’s premises or in a catering area – Meals ready for immediate consumption to be taken away
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Opinion of Advocate General Richard de la Tour delivered on 12 November 2020
ECLI:EU:C:2020:921 |
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Judgment of the Court (First Chamber) of 22 April 2021
ECLI:EU:C:2021:314 |
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Case C-826/19 WZ v Austrian Airlines
Reference for a preliminary ruling – Air transport – Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Regulation (EC) No 261/2004 – Article 6 – Delayed flight – Article 8(3) – Diversion of a flight to an airport serving the same town, city or region – Concept of ‘cancellation’ – Extraordinary circumstances – Compensation to passengers in the event of cancellation or long delay of flights in arrival – Obligation to bear the cost of transferring passengers from the actual airport of arrival to the airport for which the booking was made
Request for a preliminary ruling from the Landesgericht Korneuburg
Language of the case: German
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Opinion of Advocate General Pikamäe delivered on 3 December 2020
ECLI:EU:C:2020:991 |
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Judgment of the Court (Fourth Chamber) of 22 April 2021
ECLI:EU:C:2021:318 |
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Case C-73/20 ZM v E. A. Frerichs
Reference for a preliminary ruling – Regulation (EC) No 1346/2000 – Insolvency proceedings – Article 4 – Law applicable to insolvency proceedings – Law of the Member State within the territory of which the proceedings are opened – Article 13 – Acts detrimental to all the creditors – Exception – Conditions – Act subject to the law of a Member State other than the State of the opening of proceedings – Act which is not open to challenge on the basis of that law – Regulation (EC) No 593/2008 – Law applicable to contractual obligations – Article 12(1)(b) – Scope of the law applicable to the contract – Performance of the obligations arising from the contract – Payment made in performance of a contract subject to the law of a Member State other than the State of the opening of proceedings – Performance by a third party – Action for repayment of that payment in insolvency proceedings – Law applicable to that payment
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Judgment of the Court (First Chamber) of 22 April 2021
ECLI:EU:C:2021:315 |
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Case C-75/20 Lifosa v Muitinėsdepartamentas prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling – Customs union – Community Customs Code – Regulation (EEC) No 2913/92 – Article 29(1) – Article 32(1)(e)(i) – Union Customs Code – Regulation (EU) No 952/2013 – Article 70(1) – Article 71(1)(e)(i) – Determination of the customs value – Transaction value – Adjustment – Price including delivery at the border
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
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Judgment of the Court (Eighth Chamber) of 22 April 2021
ECLI:EU:C:2021:320 |
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Joined Cases C-294/19 and C-304/19 Agenţia de Plăţi şi Intervenţie pentru Agricultură v Piscicola Tulcea and Ira Invest v Agenţia de Plăţi şi Intervenţie pentru Agricultură
References for a preliminary ruling – Agriculture – Common agricultural policy (CAP) – Direct support schemes – Eligible hectare – Aquaculture facility – Land use – Actual use for agricultural purposes – Use complying with the entries in the land register
Requests for a preliminary ruling from the Curtea de Apel Constanţa
Language of the case: Romanian
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Judgment of the Court (Sixth Chamber) of 29 April 2021
ECLI:EU:C:2021:340 |
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Case C-383/19 Powiat Ostrowski v Ubezpieczeniowy Fundusz Gwarancyjny z siedzibą
Reference for a preliminary ruling – Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Article 3, first paragraph – Obligation to take out a contract of insurance – Scope – Local government authority which has acquired a vehicle by judicial means – Registered vehicle which is on private land and intended to be destroyed
Request for a preliminary ruling from the Sąd Rejonowy w Ostrowie Wielkopolskim
Language of the case: Polish
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Opinion of Advocate General Bobek delivered on 8 December 2020
ECLI:EU:C:2020:1003 |
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Judgment of the Court (Fifth Chamber) of 29 April 2021
ECLI:EU:C:2021:337 |
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Case C-480/19 Proceedings brought by E (Income paid by UCITS)
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Income tax – Income from capital – Income distributed by a resident undertaking for collective investment in transferable securities (UCITS) constituted in accordance with contract law – Income distributed by a UCITS established in another Member State and constituted in accordance with statute – Difference in treatment – Article 65 TFEU – Objectively comparable situations
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
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Opinion of Advocate General Hogan delivered on 19 November 2020
ECLI:EU:C:2020:942 |
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Judgment of the Court (Second Chamber) of 29 April 2021
ECLI:EU:C:2021:334 |
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Case C-504/19 Banco de Portugal and Others v VR
Reference for a preliminary ruling – Banking supervision – Reorganisation and winding up of credit institutions – Directive 2001/24/EC – Reorganisation measure adopted by an administrative authority in the home Member State of a credit institution – Transfer of rights, assets or liabilities to a ‘bridge institution’ – Transfer back to the credit institution subject to the reorganisation measure – Article 3(2) – Lex concursus – Effect of a reorganisation measure in other Member States – Mutual recognition – Article 32 – Effects of a reorganisation measure on a pending lawsuit – Exception to the application of the lex concursus – Article 47, first paragraph, of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Principle of legal certainty
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Opinion of Advocate General Kokott delivered on 19 November 2020
ECLI:EU:C:2020:943 |
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Judgment of the Court (Third Chamber) of 29 April 2021
ECLI:EU:C:2021:335 |
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Case C-617/19 Granarolo v Ministero dell'Ambiente e della Tutela del Territorio e del Mare and Others
Reference for a preliminary ruling – Environment – Directive 2003/87/EC – Greenhouse gas emission allowance trading scheme – Article 3(e) – Concept of ‘installation’ – Article 3(f) – Concept of ‘operator’ – Points 2 and 3 of Annex I – Aggregation rule – Aggregation of the capacities of the activities in an installation – Transfer of an electricity and heat cogeneration unit by the owner of an industrial facility – Contract for the supply of energy between the transferor and transferee undertakings – Updating of the greenhouse gas emissions permit
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
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Opinion of Advocate General Saugmandsgaard Øe delivered on 10 December 2020
ECLI:EU:C:2020:1016 |
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Judgment of the Court (Fifth Chamber) of 29 April 2021
ECLI:EU:C:2021:338 |
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Case C-815/19 Natumi v Land Nordrhein-Westfalen
Reference for a preliminary ruling – Agriculture and fisheries – Organic production and labelling of organic products – Regulation (EC) No 834/2007 – Article 19(2) – Articles 21 and 23 – Regulation (EC) No 889/2008 – Article 27(1) – Article 28 – Annex IX, point 1.3 – Processing of organic food – Non-organic ingredients of agricultural origin – Lithothamnium calcareum alga – Powder obtained by cleaning, grinding and drying the sediment of that alga – Classification – Use in organic foodstuffs for the purpose of calcium enrichment – Authorisation – Conditions
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 9 December 2020
ECLI:EU:C:2020:1008 |
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Judgment of the Court (Third Chamber) of 29 April 2021
ECLI:EU:C:2021:336 |
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Case C-19/20 I.W. and R.W. v Bank BPH
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Effects of a finding that a term is unfair – Mortgage loan agreement denominated in a foreign currency – Determination of the exchange rate between currencies – Novation agreement – Deterrent effect – Obligations of the national court – Article 6(1), and Article 7(1)
Request for a preliminary ruling from the Sąd Okręgowy w Gdańsku
Language of the case: Polish
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Judgment of the Court (Seventh Chamber) of 29 April 2021
ECLI:EU:C:2021:341 |
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Case C-47/20 F. v Stadt Karlsruhe (Recognition of a renewed driving licence)
Reference for a preliminary ruling – Transport – Driving licences – Withdrawal of the licence in the territory of a Member State other than the issuing Member State – Renewal of the licence by the issuing Member State after the withdrawal decision – No automaticity of mutual recognition
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
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Judgment of the Court (First Chamber) of 29 April 2021
ECLI:EU:C:2021:332 |
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Case C-56/20 AR v Stadt Pforzheim (Mentions sur le permis de conduire)
Reference for a preliminary ruling – Transport – Driving licences – Mutual recognition – Withdrawal of the licence in the territory of a Member State other than the issuing Member State – Affixing of an endorsement to the driving licence indicating that it is not valid within that Member State
Request for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber) of 29 April 2021
ECLI:EU:C:2021:333 |
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Case C-665/20 PPU X (European arrest warrant – Ne bis in idem)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Grounds for optional non-execution – Article 4(5) – Requested person has been finally judged in a third State in respect of the same acts – Sentence has been served or may no longer be executed under the law of the sentencing country – Implementation – Margin of discretion of the executing judicial authority – Concept of ‘same acts’ – Remission of sentence granted by a non-judicial authority as part of a general leniency measure
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Hogan delivered on 15 April 2021
ECLI:EU:C:2021:303 |
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Judgment of the Court (Fifth Chamber) of 29 April 2021
ECLI:EU:C:2021:339 |
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Information (on unpublished decisions)
Case C-541/20 R Lithuania v Parliament and Council
Interim relief – Article 263 TFEU – Action for annulment of an EU act – Article 278 TFEU – Application to suspend operation of that act – Regulation (EU) 2020/1054 – Minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly and rest periods – Urgency
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Order of the Vice-President of the Court of 13 April 2021 ECLI:EU:C:2021:264 |
Case C-535/20 BNP Paribas Personal Finance v T.G.M.
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Order of the Court (Sixth Chamber) of 14 April 2021 ECLI:EU:C:2021:268 |
Case C-573/20 Casa di Cura Città di Parma v Agenzia delle Entrate
Reference for a preliminary ruling – Articles 53(2) and 99 of the Rules of Procedure of the Court – Taxation – Common system of value added tax (VAT) – Sixth Directive 77/388/EEC – Article 17(2)(a) – Mixed taxable person – Deductible proportion – Public or private health structures carrying out exempt activities – National legislation excluding the deduction of VAT relating to the purchase of goods or services used for the requirements of those exempt activities
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Order of the Court (Sixth Chamber) of 14 April 2021 ECLI:EU:C:2021:307 |
Case C-694/19 P Italmobiliare and Others v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Retail food packaging market – Attributability of unlawful conduct – Conditions for the granting of immunity – 2006 Guidelines on the method of setting fines – Sales value – Upper limit of the fine – Duration of the administrative procedure – Reasonable time – Ability to pay
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Judgment of the Court (Ninth Chamber) of 15 April 2021 ECLI:EU:C:2021:286 |
Case C-733/19 Netherlands v Council and Parliament
Action for annulment – Common fisheries policy – Regulation (EU) No 1380/2013 – Conservation and sustainable exploitation of fisheries resources – Protection of marine ecosystems – Regulation (EU) 2019/1241 – Technical measures – Annex V, Part D – Ban on fishing by vessels using electric pulse trawls – Principle of proportionality – Precautionary principle
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Judgment of the Court (First Chamber) of 15 April 2021 ECLI:EU:C:2021:272 |
Case C-868/19 M-GmbH v Finanzamt für Körperschaften
Reference for a preliminary ruling – Value-added tax (VAT) – Directive 2006/112/EC – Article 9 – Taxable persons – Article 11 – Option for the Member States to treat as a single taxable person persons who are independent from a legal point of view but are closely linked to one another financially, economically and organisationally (‘VAT group’) – Concept of ‘close financial links’ – National legislation according to which partnerships, whose partners, alongside the controlling company, are not solely financially integrated persons in the undertaking of the controlling company, are prevented from being a member of a VAT group – Legal certainty – Preventative measures against fraud and tax evasion – Proportionality – VAT neutrality
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Judgment of the Court (Seventh Chamber) of 15 April 2021 ECLI:EU:C:2021:285 |
Case C-875/19 P FV v Council
Appeal – Application for annulment – Civil service – Staff report – Assessment criteria – Consistency of output – Delays – Submission of a medical certificate – Duty of care
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Judgment of the Court (Sixth Chamber) of 15 April 2021 ECLI:EU:C:2021:283 |
Case C-877/19 P FV v Council
Appeal – Application for annulment – Civil service – Staff report – Assessment criteria – Consistency of output – Delays – Submission of a medical certificate – Duty of care
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Judgment of the Court (Sixth Chamber) of 15 April 2021 ECLI:EU:C:2021:284 |
Case C-622/20 P Validity Foundation and Center for Independent Living v Commission
Appeal – European Regional Development Fund (ERDF) – Grant intended to support the deinstitutionalisation of social services for adults and people with disabilities – Letter of the European Commission refusing to suspend or cancel payment of the grant – Action for annulment – Admissibility – Concept of ‘challengeable act’ – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection
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Order of the Court (Ninth Chamber) of 15 April 2021 ECLI:EU:C:2021:310 |
Case C-592/20 NT and Others v British Airways
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Article 2(b) and Article 7(1) – Compensation for long delays at the final destination of a connecting flight – Connecting flight with several flight segments – Single booking – Cancellation of a flight segment by a carrier other than the one with which the single booking was made – Operating air carrier – Distance to be taken into account for the purpose of determining the amount of compensation
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Order of the Court (Ninth Chamber) of 22 April 2021 ECLI:EU:C:2021:312 |
Case C-471/20 Centre d’Enseignement Secondaire Saint-Vincent de Soignies v FS
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Order of the Court (Tenth Chamber) of 23 April 2021 ECLI:EU:C:2021:331 |
Case C-704/19 Commission v Spain (DTT in Castilla-La Mancha)
Failure of a Member State to fulfil obligations – State aid – Aid for the deployment of digital terrestrial television in remote and less urbanised areas of the Comunidad Autónoma de Castilla-La Mancha (Autonomous Community of Castilla-La Mancha, Spain) – Decision (EU) 2016/1385 – Aid which is unlawful and incompatible with the internal market – Failure to comply within the time limit
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Judgment of the Court (Ninth Chamber) of 29 April 2021 ECLI:EU:C:2021:342 |
Case C-847/19 P Achemos Grupė and Achema v Commission
Appeal – State aid – Decision not to raise any objections – Article 108 TFUE – Rights of the interested parties – Principle of sound administration – Diligent and impartial investigation – Scope of the review by the General Court – Obligation to state reasons
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Judgment of the Court (Ninth Chamber) of 29 April 2021 ECLI:EU:C:2021:343 |
Case C-890/19 P Fortischem v Commission
Appeal – State aid – Advantage – Recovery – Economic continuity
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Judgment of the Court (Ninth Chamber) of 29 April 2021 ECLI:EU:C:2021:345 |
Case C-41/21 P Allergan Holdings France v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 29 April 2021 ECLI:EU:C:2021:352 |
May 2021
Case C-499/18 P Bayer CropScience and Bayer v Commission
Appeal – Regulation (EC) No 1107/2009 – Articles 4 and 21 – Criteria for approval – Review of approval – Plant protection products – Implementing Regulation (EU) No 485/2013 – Active substances clothianidin and imidacloprid – Seeds treated with plant protection products containing those active substances – Prohibition of non-professional use – Precautionary principle
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 17 September 2020
ECLI:EU:C:2020:735 |
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Judgment of the Court (First Chamber) of 6 May 2021
ECLI:EU:C:2021:367 |
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Joined Cases C-551/19 P and C-552/19 P ABLV Bank and Others v ECB
Appeal – Economic and monetary union – Banking union – Regulation (EU) No 806/2014 – Resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism (SRM) and a Single Resolution Fund – Article 18 – Resolution procedure – Conditions – Entity failing or likely to fail – Declaration by the European Central Bank (ECB) that an entity is failing or is likely to fail – Preparatory measure – Act not open to judicial review – Inadmissibility
Language of the case: English
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 14 January 2021
ECLI:EU:C:2021:16 |
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Judgment of the Court (Third Chamber) of 6 May 2021
ECLI:EU:C:2021:369 |
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Case C-142/20 Analisi G. Caracciolo v Regione Siciliana - Assessorato regionale della salute - Dipartimento regionale per la pianificazione and Others
Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 765/2008 – Requirements for accreditation and market surveillance relating to the marketing of products – Single national accreditation body – Issuing of the accreditation certificate to conformity assessment bodies – Accreditation body having its seat in a third State – Article 56 TFEU – Article 102 TFEU – Articles 20 and 21 of the Charter of Fundamental Rights of the European Union – Validity
Request for a preliminary ruling from the Consiglio di Giustizia amministrativa per la Regione siciliana
Language of the case: Italian
| Summary |
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Judgment of the Court (First Chamber) of 6 May 2021
ECLI:EU:C:2021:368 |
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Case C-505/19 WS v Bundesrepublik Deutschland (Interpol red notice)
Reference for a preliminary ruling – Convention implementing the Schengen Agreement – Article 54 – Charter of Fundamental Rights of the European Union – Article 50 – Ne bis in idem principle – Article 21 TFEU – Freedom of movement of persons – Interpol red notice – Directive (EU) 2016/680 – Lawfulness of the processing of personal data contained in such a notice
Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 19 November 2020
ECLI:EU:C:2020:939 |
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Judgment of the Court (Grand Chamber) of 12 May 2021
ECLI:EU:C:2021:376 |
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Case C-709/19 Vereniging van Effectenbezitters v BP
Reference for a preliminary ruling – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 7(2) – Jurisdiction in tort, delict or quasi-delict – Place where the harmful event occurred – Damage consisting in purely financial loss
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 17 December 2020
ECLI:EU:C:2020:1056 |
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Judgment of the Court (First Chamber) of 12 May 2021
ECLI:EU:C:2021:377 |
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Case C-844/19 CS and Finanzamt Österreich, Dienststelle Graz-Stadt v Finanzamt Österreich, Dienststelle Judenburg Liezen and technoRent International
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 90 – Reduction of the taxable amount – Article 183 – Refund of excess VAT – Default interest – No national rule – Principle of fiscal neutrality – Direct effect of provisions of EU law – Principle that national law must be interpreted in conformity with EU law
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Kokott delivered on 21 January 2021
ECLI:EU:C:2021:58 |
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Judgment of the Court (Second Chamber) of 12 May 2021
ECLI:EU:C:2021:378 |
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Case C-27/20 PF and QG v CAF
Reference for a preliminary ruling – Freedom of movement for workers – Equal treatment – Social advantages – Ceilings related to resources – Account taken of the resources received in the penultimate year preceding the period of payment of allowances – Worker returning to his Member State of origin – Reduction in the entitlement to family allowances
Request for a preliminary ruling from the Tribunal de grande instance de Rennes
Language of the case: French
| Summary |
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Judgment of the Court (Eighth Chamber) of 12 May 2021
ECLI:EU:C:2021:383 |
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Case C-70/20 YL v Altenrhein Luftfahrt
Reference for a preliminary ruling – Air transport – Montreal Convention – Article 17(1) – Air carrier liability in the event of accidents – Concept of ‘accident’ – Hard landing made within the normal operating range of an aircraft – Bodily injury allegedly sustained by a passenger during such a landing – No accident
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Fourth Chamber) of 12 May 2021
ECLI:EU:C:2021:379 |
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Case C-87/20 Hauptzollamt B v XY (Sturgeon caviar)
Reference for a preliminary ruling – Protection of species of wild fauna and flora by regulating trade therein – Regulations (EC) No 338/97 and (EC) No 865/2006 – Sturgeon caviar – Introduction into the customs territory of to the European Union for personal and household effects – Import permit – Derogation – Limit of 125 grams per person – Exceeded – Intention to give as a gift to a third party
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Seventh Chamber) of 12 May 2021
ECLI:EU:C:2021:382 |
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Case C-130/20 YJ v INSS (Pension supplement for mothers – II)
Reference for a preliminary ruling – Equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1) – Discrimination on ground of sex – National legislation providing for a pension maternity supplement to be granted to women who have had a certain number of children – Exclusion from entitlement to that pension supplement of women who have requested early retirement – Scope of Directive 79/7EEC
Request for a preliminary ruling from the Juzgado de lo Social de Barcelona
Language of the case: Spanish
| Summary |
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Judgment of the Court (Sixth Chamber) of 12 May 2021
ECLI:EU:C:2021:381 |
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Case C-202/20 P Necci v Commission
Appeal – Civil service – Former member of the contract staff – Social security – Joint Sickness Insurance Scheme (JSIS) – Article 95 of the Conditions of Employment of Other Servants of the European Union (CEOS) – Continued membership after retirement – Condition of having been employed for more than three years – Request to join the JSIS following a transfer of pension rights – Equating the credited years of pensionable service with years of service ‐ Rejection of the request – Action for annulment – Act having an adverse effect – Order of the General Court declaring the action inadmissible – Order set aside
Language of the case: French
| Summary |
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Judgment of the Court (Eighth Chamber) of 12 May 2021
ECLI:EU:C:2021:385 |
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Joined Cases C-83/19, C-127/19, C-195/19, C-291/19, C-355/19 and C-397/19 Asociaţia 'Forumul Judecătorilor din România' and Others v Inspecţia Judiciară and Others
Reference for a preliminary ruling – Treaty of Accession of the Republic of Bulgaria and Romania to the European Union – Act concerning the conditions of accession to the European Union of the Republic of Bulgaria and Romania – Articles 37 and 38 – Appropriate measures – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Decision 2006/928/EC – Legal nature and effects of the cooperation and verification mechanism and of the reports established by the Commission on the basis of that mechanism – Rule of law – Judicial independence – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Laws and government emergency ordinances adopted in Romania in the course of 2018 and 2019 concerning the organisation of the judicial system and the liability of judges – Interim appointment to management positions of the Judicial Inspectorate – Establishment of a section within the Public Prosecutor’s Office for the investigation of offences committed within the judicial system – Financial liability of the State and personal liability of judges in the event of judicial error
Requests for a preliminary ruling from theTribunalul Olt and Others
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Bobek delivered on 23 September 2020
ECLI:EU:C:2020:746 |
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Judgment of the Court (Grand Chamber) of 18 May 2021
ECLI:EU:C:2021:393 |
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Case C-248/20 Skatteverket v Skellefteå Industrihus
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Deduction of the input tax paid during the stage of construction of a building – Optional tax liability scheme – Abandonment of the initially planned activity – Adjustment of the deduction of the input tax paid – Reply to the question referred for a preliminary ruling which may be clearly deduced from existing case-law
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
| Summary |
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Order of the Court (Eighth Chamber) of 18 May 2021
ECLI:EU:C:2021:394 |
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Case C-120/19 X v College van burgemeester en wethouders van de gemeente Purmerend (LPG road tankers)
Reference for a preliminary ruling – Inland transport of dangerous goods – Directive 2008/68/EC – Article 5(1) – Concept of ‘construction requirement’ – Prohibition on laying down more stringent construction requirements – Authority of a Member State requiring a service station to be supplied with liquefied petroleum gas (LPG) only from road tankers fitted with a particular heat-resistant lining not provided for by the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) – Unlawfulness – Decision legally unchallengeable by a category of persons – Strictly limited possibility of obtaining the annulment of such a decision where there is clear conflict with EU law – Principle of legal certainty – Principle of effectiveness
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Tanchev delivered on 28 January 2021
ECLI:EU:C:2021:78 |
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Judgment of the Court (Third Chamber) of 20 May 2021
ECLI:EU:C:2021:398 |
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Case C-128/19 Azienda Sanitaria Provinciale di Catania v Assessorato della Salute della Regione Siciliana
Reference for a preliminary ruling – State aid – Agriculture sector – Slaughtering of animals affected by infectious diseases – Compensation for farmers – Notification and standstill requirements – Article 108(3) TFEU – Concepts of ‘existing aid’ and ‘new aid’ – Regulation (EC) No 659/1999 – Exemptions by categories of aid – Regulation (EU) No 702/2014 – De minimis aid – Regulation (EU) No 1408/2013
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Opinion of Advocate General Tanchev delivered on 17 December 2020
ECLI:EU:C:2020:1062 |
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Judgment of the Court (Fourth Chamber) of 20 May 2021
ECLI:EU:C:2021:401 |
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Case C-707/19 K.S. v A.B. (Frais de remorquage d’un véhicule endommagé)
Reference for a preliminary ruling – Insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Article 3 – Compulsory cover of damage to property – Scope – Legislation of a Member State limiting the obligation to cover the costs of towing a vehicle involved in an accident to the costs incurred in the territory of that Member State and limiting the costs of parking to those made necessary by reason of a criminal investigation or for any other reason
Request for a preliminary ruling from the Sąd Rejonowy dla Łodzi
Language of the case: Polish
| Summary |
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Judgment of the Court (Fifth Chamber) of 20 May 2021
ECLI:EU:C:2021:405 |
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Case C-879/19 FORMAT Urządzenia i Montaże Przemysłowe v Zakład Ubezpieczeń Społecznych I Oddział w Warszawie
Reference for a preliminary ruling – Social security – Determination of the legislation applicable – Regulation (EEC) No 1408/71 – Article 13(2)(a) – Article 14(2) – Person normally employed in the territory of two or more Member States – Single employment contract – Employer established in the worker’s Member State of residence – Paid employment activity pursued exclusively in other Member States – Work performed in different Member States during successive periods – Conditions
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
| Summary |
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Judgment of the Court (Eighth Chamber) of 20 May 2021
ECLI:EU:C:2021:409 |
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Case C-913/19 CNP v Gefion Insurance
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Jurisdiction in insurance matters – Article 10 – Article 11(1)(a) – Ability to sue an insurer domiciled in a Member State in another Member State, in the case of actions brought by the policyholder, the insured person or a beneficiary, in the courts of the place where the person bringing the claim is domiciled – Article 13(2) – Action brought by the injured party directly against the insurer – Scope ratione personae – Concept of ‘injured party’ – Business active in the insurance sector – Special jurisdiction – Article 7(2) and (5) – Concept of ‘branch’, ‘agency’ or ‘other establishment’
Request for a preliminary ruling from the Sąd Rejonowy w Białymstoku
Language of the case: Polish
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 14 January 2021
ECLI:EU:C:2021:19 |
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Judgment of the Court (Third Chamber) of 20 May 2021
ECLI:EU:C:2021:399 |
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Case C-4/20 ALTI v Direktor na Direktsia „Obzhalvane i danachno-osiguritelna praktika“ Plovdiv pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 205 – Persons liable for payment of VAT to the public exchequer – Joint and several liability of the recipient of a taxable supply which has exercised its right to deduct VAT knowing that the person liable for payment of that tax would not pay it – Obligation of such a recipient to pay the VAT not paid by the person liable for payment and the default interest due on account of that person’s failure to pay the VAT
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Kokott delivered on 14 January 2021
ECLI:EU:C:2021:12 |
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Judgment of the Court (First Chamber) of 20 May 2021
ECLI:EU:C:2021:397 |
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Case C-6/20 Sotsiaalministeerium v Riigi Tugiteenuste Keskus
Reference for a preliminary ruling – Public supply contracts – Directive 2004/18/EC – Articles 2 and 46 – Project financed by the Fund for European Aid to the Most Disadvantaged – Criteria for the selection of tenderers – Regulation (EC) No 852/2004 – Article 6 – Requirement of a registration certificate or approval issued by the national food safety authority of the State in which the contract is to be performed
Request for a preliminary ruling from the Tallinna Ringkonnakohus
Language of the case: Estonian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 28 January 2021
ECLI:EU:C:2021:79 |
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Judgment of the Court (Fourth Chamber) of 20 May 2021
ECLI:EU:C:2021:402 |
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Case C-8/20 L.R. v Bundesrepublik Deutschland (Application for asylum rejected by Norway)
Reference for a preliminary ruling – Area of freedom, security and justice – Border controls, asylum and immigration – Asylum policy – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Application for international protection – Grounds of inadmissibility – Article 2(q) – Concept of ‘subsequent application’ – Article 33(2)(d) – Rejection by a Member State of an application for international protection as inadmissible due to the rejection of a previous application made by the person concerned in a third State with which the European Union has concluded an agreement on the criteria and mechanisms for establishing the State responsible for examining an application for asylum lodged in one of the States parties to that agreement – Final decision taken by the Kingdom of Norway
Request for a preliminary ruling from the Schleswig-Holsteinisches Verwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 18 March 2021
ECLI:EU:C:2021:221 |
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Judgment of the Court (Fourth Chamber) of 20 May 2021
ECLI:EU:C:2021:404 |
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Case C-209/20 Renesola UK v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling – Customs union – Assessment of validity – Implementing Regulation (EU) No 1357/2013 – Determination of the country of origin of solar modules assembled in a third country from solar cells manufactured in another third country – Regulation (EEC) No 2913/92 – Community Customs Code – Article 24 – Origin of goods whose production involved more than one third country – Concept of ‘last substantial processing or working’
Request for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
| Summary |
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Judgment of the Court (Third Chamber) of 20 May 2021
ECLI:EU:C:2021:400 |
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Case C-121/21 R Czech Republic v Poland
Interim relief – Article 279 TFEU – Application for interim measures – Environment – Directive 2011/92/EU – Assessment of the effects of certain projects on the environment – Lignite mining activities at an open-cast mine – Turów lignite mine (Poland)
Language of the case: Polish
| Summary |
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Order of the Vice-President of the Court of 21 May 2021
ECLI:EU:C:2021:420 |
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Information (on unpublished decisions)
Case C-26/21 P Dermavita v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 4 May 2021 ECLI:EU:C:2021:355 |
Case C-450/20 P Comprojecto-Projectos e Construções and Others v ECB and Banco de Portugal
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Appeal, first, against an order of the General Court dismissing an action for damages and, second, against an order of the General Court declaring inadmissible the application for rectification of that order – Article 56 of the Statute of the Court of Justice of the European Union – Appeal lodged out of time – Appeal manifestly inadmissible
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Order of the Court (Seventh Chamber) of 5 May 2021 ECLI:EU:C:2021:356 |
Case C-641/20 VT v CPAS de Liège
Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/EC – Return of illegally staying third-country nationals – Return decision – Judicial remedy – Provisional right of residence and social assistance during the period in which the appeal is pending
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Order of the Court (Ninth Chamber) of 5 May 2021 ECLI:EU:C:2021:374 |
Case C-143/21 P Production Christian Gallimard v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170 of the Rules of Procedure of the Court of Justice – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 5 May 2021 ECLI:EU:C:2021:360 |
Joined Cases C-690/18 to C-692/18 Criminal proceedings against X and Others (Defeat device on diesel engines II)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Approximation of laws – Regulation (EC) No 715/2007 – Article 3(10) – Article 5(2) – Defeat device – Motor vehicles – Diesel engines – Emission of pollutants – Program acting on the engine control calculator – Technologies and strategies to limit the production of pollutant emissions
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Order of the Court (Seventh Chamber) of 6 May 2021 ECLI:EU:C:2021:363 |
Case C-122/20 P Gollnisch v Parliament
Appeal – Law governing the institutions – Rules governing the payment of expenses and allowances to Members of the European Parliament – Amendment of the voluntary additional pension scheme – Concept of ‘individual decision taken with regard to a Member of the Parliament’ – Article 72 of the Implementing Measures for the Statute for Members of the Parliament – Sixth paragraph of Article 263 TFEU – Time limit for bringing proceedings
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Judgment of the Court (Seventh Chamber) of 6 May 2021 ECLI:EU:C:2021:370 |
Case C-539/20 P Hochmann Marketing v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Service of the decision of the General Court by means of the e-Curia application – Appeal lodged out of time – Appeal manifestly inadmissible
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Order of the Court (Eighth Chamber) of 6 May 2021 ECLI:EU:C:2021:361 |
Case C-571/20 OM v Ministero dell'Istruzione, dell'Università e della Ricerca and Others
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Reference for a preliminary ruling on the validity of a provision of the FEU Treaty – Clear lack of jurisdiction of the Court – Freedom of movement for workers – Equal treatment – Article 45 TFEU – Difference in status and salary between university teachers and teachers working in the art and music higher education national system – Purely internal situation – Manifest inadmissibility
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Order of the Court (Ninth Chamber) of 6 May 2021 ECLI:EU:C:2021:364 |
Case C-679/20 Administración General del Estado v Ayuntamiento de Les Cabanyes
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – European Charter of Local Self-Government – Charter of Fundamental Rights of the European Union – European Convention for the Protection of Human Rights and Fundamental Freedoms – Decision of a local authority expressing a political opinion contrary to the constitutional framework and exceeding its powers – Lack of connection to EU law – Clear lack of jurisdiction of the Court
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Order of the Court (Ninth Chamber) of 6 May 2021 ECLI:EU:C:2021:362 |
Case C-703/20 PONS HOLDING v Spetsializirana prokuratura
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Order of the Court (Ninth Chamber) of 6 May 2021 ECLI:EU:C:2021:365 |
Case C-580/20 Criminal proceedings against XXX and YYY
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Order of the Court (Sixth Chamber) of 11 May 2021 ECLI:EU:C:2021:375 |
Case C-11/20 Commission v Greece (Aid to agricultural producers)
Failure of a Member State to fulfil obligations – State aid – Aid declared unlawful and incompatible with the internal market – Article 108(2), second subparagraph, TFEU – Adverse weather conditions – Losses suffered by farmers – Compensation aid – Obligation of recovery – Duty to provide information – Non-implementation
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Judgment of the Court (Sixth Chamber) of 12 May 2021 ECLI:EU:C:2021:380 |
Case C-48/21 P Topcart v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 12 May 2021 ECLI:EU:C:2021:388 |
Case C-49/21 P Topcart v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 12 May 2021 ECLI:EU:C:2021:392 |
Case C-67/21 P BSH Hausgeräte v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 12 May 2021 ECLI:EU:C:2021:391 |
Case C-920/19 Fluctus and Others v Landespolizeidirektion Steiermark
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Article 56 TFEU – Freedom to provide services – Restrictions – Gambling – Dual system of organisation of the market – Monopoly on lottery products and casino games – Prior authorisation for the use of automatic gaming machines – Advertising practices of the monopolist – Criteria for assessment – Constitutional case-law finding the national legislation to be compatible with EU law
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Order of the Court (Seventh Chamber) of 18 May 2021 ECLI:EU:C:2021:395 |
Case C-59/21 P Embutidos Monells v EUIPO
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Order of the Court (Chamber determining whether appeals may proceed) of 18 May 2021 ECLI:EU:C:2021:396 |
Case C-63/20 P Dickmanns v EUIPO
Appeal – Civil service – Members of the temporary staff – Fixed-term contract with a termination clause – Not included on the reserve list for a competition – Purely confirmatory measure – Time for bringing a complaint
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Judgment of the Court (Sixth Chamber) of 20 May 2021 ECLI:EU:C:2021:406 |
Case C-88/20 Criminal proceedings against ENR Grenelle Habitat and Others
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Fundamental rights – Ne bis in idem principle – Joint imposition of administrative and criminal penalties for identical facts – Cold calling – Misleading commercial practice – Insufficient justification for a reference for a preliminary ruling – Manifest inadmissibility
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Order of the Court (Seventh Chamber) of 20 May 2021 ECLI:EU:C:2021:407 |
Case C-230/20 BTA Baltic Insurance Company v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Regulation (EEC) No 2 913/92 – Community Customs Code – Article 195 – Article 232(1)(a) – Article 221(3) – Common Customs Tariff – Recovery of the amount of the customs debt – Communication of the amount of duty to the debtor – Limitation period – Action taken against the guarantor to enforce the guarantee – Enforcement for the purposes of payment – Reasonable period
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Judgment of the Court (Eighth Chamber) of 20 May 2021 ECLI:EU:C:2021:410 |
Case C-93/21 P easyCosmetic Swiss v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 20 May 2021 ECLI:EU:C:2021:408 |
Case C-201/21 P Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO
Appeal – EU trade mark – Article 170a(1) of the Rules of Procedure of the Court of Justice – No request that the appeal be allowed to proceed – Appeal inadmissible
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Order of the Vice-President of the Court of 21 May 2021 ECLI:EU:C:2021:419 |
June 2021
Case C-650/18 Hungary v Parliament
Action for annulment – Article 7(1) TEU – European Parliament resolution on a proposal calling on the Council of the European Union to determine the existence of a clear risk of a serious breach of the values on which the European Union is founded – Articles 263 and 269 TFEU – Jurisdiction of the Court – Admissibility of the appeal – Challengeable act – Article 354 TFEU – Rules for counting votes in the Parliament – Rules of Procedure of the Parliament – Rule 178(3) – Concept of ‘votes cast’ – Abstentions – Principles of legal certainty, equal treatment, democracy and sincere cooperation
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Bobek delivered on 3 December 2020
ECLI:EU:C:2020:985 |
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Judgment of the Court (Grand Chamber) of 3 June 2021
ECLI:EU:C:2021:426 |
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Case C-326/19 EB v Presidenza del Consiglio dei Ministri and Others (University researchers)
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 5 – Successive fixed-term employment contracts or relationships – Misuse – Preventive measures – Fixed-term employment contracts in the public sector – University researchers
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
| Summary |
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Judgment of the Court (Seventh Chamber) of 3 June 2021
ECLI:EU:C:2021:438 |
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Case C-546/19 BZ v Westerwaldkreis
Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Return of illegally staying third-country nationals – Directive 2008/115/EC – Article 2(1) – Scope – Third-country national – Criminal conviction in the Member State – Article 3(6) – Entry ban – Grounds of public policy and public security – Withdrawal of the return decision – Lawfulness of the entry ban
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Pikamäe delivered on 10 February 2021
ECLI:EU:C:2021:105 |
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Judgment of the Court (Fourth Chamber) of 3 June 2021
ECLI:EU:C:2021:432 |
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Case C-563/19 P Recylex and Others v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Market for car battery recycling – 2006 Leniency Notice – Point 26 – Partial immunity – Additional facts increasing the gravity or the duration of the infringement – Elements known to the European Commission – Reduction of the amount of the fine – Ranking for the purposes of the reduction – Chronological order
Language of the case: English
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 3 September 2020
ECLI:EU:C:2020:646 |
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Judgment of the Court (Second Chamber) of 3 June 2021
ECLI:EU:C:2021:428 |
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Case C-624/19 K and Others v Tesco Stores
Reference for a preliminary ruling – Social policy – Equal pay for male and female workers – Article 157 TFEU – Direct effect – Concept of ‘work of equal value’ – Claims seeking equal pay for work of equal value – Single source – Workers of different sex having the same employer – Different establishments – Comparison
Request for a preliminary ruling from the Watford Employment Tribunal
Language of the case: English
| Summary |
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Judgment of the Court (Second Chamber) of 3 June 2021
ECLI:EU:C:2021:429 |
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Case C-726/19 Instituto Madrileño de Investigación y Desarrollo Rural, Agrario y Alimentario v JN
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 5 – Applicability – Concept of ‘successive fixed-term employment contracts or relationships’ – Fixed-term employment contracts in the public sector – Measures to prevent and penalise abuse resulting from the use of successive fixed-term employment contracts or relationships – Concept of ‘objective reasons’ justifying such contracts – Equivalent legal measures – Obligation to interpret national law in conformity with EU law – Economic crisis
Request for a preliminary ruling from the Tribunal Superior de Justicia de Madrid
Language of the case: Spanish
| Summary |
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Judgment of the Court (Seventh Chamber) of 3 June 2021
ECLI:EU:C:2021:439 |
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Case C-762/19 CV-Online Latvia v Melons
Reference for a preliminary ruling – Legal protection of databases – Directive 96/9/EC – Article 7 – Sui generis right of makers of databases – Prohibition on any third party to ‘extract’ or ‘re-utilise’, without the maker’s permission, the whole or a substantial part of the contents of the database – Database freely accessible on the internet – Meta search engine specialising in job advertisement searches – Extraction and/or re-utilisation of the contents of a database – Risk to the substantial investment in the obtaining, verification or presentation of the content of a database
Request for a preliminary ruling from the Rīgas apgabaltiesas Civillietu tiesas kolēģija
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Szpunar delivered on 14 January 2021
ECLI:EU:C:2021:22 |
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Judgment of the Court (Fifth Chamber) of 3 June 2021
ECLI:EU:C:2021:434 |
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Case C-784/19 TEAM POWER EUROPE v Direktor na Teritorialna direktsia na Natsionalna agentsia za prihodite
Reference for a preliminary ruling – Migrant workers – Social security – Legislation applicable – Regulation (EC) No 883/2004 – Article 12(1) – Posting of workers – Temporary agency workers – Regulation (EC) No 987/2009 – Article 14(2) – A1 certificate – Determination of the Member State in which the employer normally carries out its activities – Concept of ‘substantial activities, other than purely internal management activities’ – No assignment of temporary agency workers in the territory of the Member State in which the employer is established
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 10 December 2020
ECLI:EU:C:2020:1018 |
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Judgment of the Court (Grand Chamber) of 3 June 2021
ECLI:EU:C:2021:427 |
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Case C-822/19 Direcţia Generală Regională a Finanţelor Publice Braşov and Agenţia Naţională de Administrare Fiscală v Flavourstream
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Combined Nomenclature – Tariff classification – Tariff subheadings 1702 90 95, 2912 49 00 and 3824 90 92 – Aqueous solution
Request for a preliminary ruling from the Curtea de Apel Alba Iulia
Language of the case: Romanian
| Summary |
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Judgment of the Court (Ninth Chamber) of 3 June 2021
ECLI:EU:C:2021:444 |
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Case C-910/19 Bankia v UMAS
Reference for a preliminary ruling – Directive 2003/71/EC – Prospectus when securities are offered to the public or admitted to trading – Article 3(2) – Article 6 – Offer addressed to both retail investors and qualified investors – Content of information given in the prospectus – Action for damages – Retail investors and qualified investors – Awareness of the issuer’s economic situation
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 11 February 2021
ECLI:EU:C:2021:119 |
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Judgment of the Court (Fourth Chamber) of 3 June 2021
ECLI:EU:C:2021:433 |
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Case C-914/19 Ministero della Giustizia v GN (Notaires)
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Second Chamber) of 3 June 2021
ECLI:EU:C:2021:430 |
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Case C-931/19 Titanium v Finanzamt Österreich
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Articles 43 and 45 – Directive 2006/112/EC, as amended by Directive 2008/8/EC – Articles 44, 45 and 47 – Provision of services – Point of reference for tax purposes – Concept of a ‘fixed establishment’ – Letting a property in a Member State – Owner of a property with its registered office on the island of Jersey
Request for a preliminary ruling from the Bundesfinanzgericht
Language of the case: German
| Summary |
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Judgment of the Court (Tenth Chamber) of 3 June 2021
ECLI:EU:C:2021:446 |
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Case C-942/19 Servicio Aragonés de Salud v LB
Reference for a preliminary ruling – Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Rejection of a request for leave of absence by reason of employment in the public sector provided for permanent staff regulated under administrative law – National legislation excluding entitlement to such leave when taking up temporary employment – Scope – Inapplicability of clause 4 – Lack of jurisdiction of the Court
Request for a preliminary ruling from the Tribunal Superior de Justicia de Aragón
Language of the case: Spanish
| Summary |
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Judgment of the Court (Seventh Chamber) of 3 June 2021
ECLI:EU:C:2021:440 |
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Case C-39/20 Staatssecretaris van Financiën v Jumbocarry Trading
Reference for a preliminary ruling – Regulation (EU) No 952/2013 – Union Customs Code – First subparagraph of Article 22(6), read in conjunction with Article 29 – Communication of the grounds to the person concerned before taking a decision which would adversely affect that person – Article 103(1) and Article 103(3)(b) – Limitation of the customs debt – Period for notification of the customs debt – Suspension of the period – Article 124(1)(a) – Extinguishment of the customs debt where it is time-barred – Temporal application of the provision governing the grounds for suspension – Principles of legal certainty and protection of legitimate expectations
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 11 February 2021
ECLI:EU:C:2021:120 |
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Judgment of the Court (Fifth Chamber) of 3 June 2021
ECLI:EU:C:2021:435 |
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Case C-76/20 BalevBio v Teritorialna direktsia Severna morska
Reference for a preliminary ruling – Common customs tariff – Tariff classification – Combined Nomenclature – Goods made of different materials – Plant fibres – Melamine resin – Headings 3924 and 4419 – Goods described as ‘bamboo beakers’
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Eighth Chamber) of 3 June 2021
ECLI:EU:C:2021:441 |
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Case C-182/20 BE and DT v Administraţia Judeţeană a Finanţelor Publice Suceava and Others
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Right to deduct – Adjustment of deductions – Insolvency proceedings – National legislation providing for automatic refusal to allow deduction of VAT in respect of taxable transactions that occurred prior to the initiation of those proceedings
Request for a preliminary ruling from the Curtea de Apel Suceava
Language of the case: Romanian
| Summary |
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Judgment of the Court (Eighth Chamber) of 3 June 2021
ECLI:EU:C:2021:442 |
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Case C-194/20 BY and Others v Stadt Duisburg (Education and the right of residence)
Reference for a preliminary ruling – EEC-Turkey Association Agreement – Decision No 1/80 – Articles 6 and 7 – Legal employment – Article 9 – Access to education for children of a Turkish worker – Right of residence – Refusal
Request for a preliminary ruling from the Verwaltungsgericht Düsseldorf
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 3 June 2021
ECLI:EU:C:2021:436 |
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Case C-210/20 Rad Service and Others v Del Debbio and Others
Reference for a preliminary ruling – Public procurement of service, supply and works contracts – Directive 2014/24/EU – Conduct of the tendering procedure – Choice of participants and award of contracts – Article 63 – Tenderer relying on the capacities of another entity in order to meet the requirements of the contracting authority – Article 57(4)(6) and (7) – Untruthful declarations submitted by that entity – Exclusion of that tenderer without requiring or permitting it to replace that entity – Principle of proportionality
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Ninth Chamber) of 3 June 2021
ECLI:EU:C:2021:445 |
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Case C-280/20 ZN v Generalno konsulstvo na Republika Bulgaria
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Determination of international jurisdiction of the courts of a Member State – Article 5(1) – Employee residing in a Member State – Contract concluded with a consular representation of that Member State in another Member State – Functions of the employee – No exercise of public powers
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Eighth Chamber) of 3 June 2021
ECLI:EU:C:2021:443 |
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Case C-186/21 PPU J.A. v Republika Slovenija (Detention of an applicant for international protection)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Immigration and asylum policy – International protection – Directive 2013/33/EU – Point (d) of the first subparagraph of Article 8(3) – Detention of applicants for international protection – Applicant detained subject to a return procedure under Directive 2008/115/EC and in respect of whom there are reasonable grounds to believe that he or she is making the application for international protection merely in order to delay or frustrate the enforcement of the return decision – Objective criteria on which such grounds may be based – Applicant who has already had the opportunity to access the asylum procedure
Request for a preliminary ruling from the Upravno sodišče Republike Slovenije
Language of the case: Slovene
| Summary |
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Order of the Court (First Chamber) of 3 June 2021
ECLI:EU:C:2021:447 |
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Case C-279/19 Commissioners for Her Majesty's Revenue and Customs v WR (Innocent agent)
Reference for a preliminary ruling – General arrangements for excise duty – Directive 2008/118/EC – Article 33(3) – Goods ‘released for consumption’ in one Member State and held for commercial purposes in another Member State – Person liable to pay the excise duty that has become chargeable in respect of those goods – Person holding the goods intended for delivery in another Member State – Transporter of the goods
Request for a preliminary ruling from the Court of Appeal
Language of the case: English
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Judgment of the Court (Fourth Chamber) of 10 June 2021
ECLI:EU:C:2021:473 |
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Case C-591/19 P Commission v De Esteban Alonso
Appeal – Civil service – Internal investigation by the European Anti-fraud Office (OLAF) – Forwarding of information by OLAF to the national judicial authorities – Filing of a complaint by the European Commission – Concepts of an official who is ‘referred to by name’ and ‘implicated’ – Failure to inform the interested party – Commission’s right to file a complaint with the national judicial authorities before the conclusion of OLAF’s investigation – Action for damages
Language of the case: French
| Summary |
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Opinion of Advocate General Rantos delivered on 27 January 2021
ECLI:EU:C:2021:66 |
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Judgment of the Court (First Chamber) of 10 June 2021
ECLI:EU:C:2021:468 |
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Case C-609/19 BNP Paribas Personal Finance v VE
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan agreement denominated in a foreign currency (Swiss francs) – Article 4(2) – Main subject matter of the contract – Terms exposing the borrower to a foreign exchange risk – Requirements of intelligibility and transparency – Article 3(1) – Significant imbalance – Article 5 – Contractual term that is in plain, intelligible language
Request for a preliminary ruling from the tribunal d’instance de Lagny-sur-Marne
Language of the case: French
| Summary |
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Judgment of the Court (First Chamber) of 10 June 2021
ECLI:EU:C:2021:469 |
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Joined Cases C-776/19 to C-782/19 VB and Others v BNP Paribas Personal Finance and AV and Others v BNP Paribas Personal Finance and Procureur de la République
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan agreements denominated in a foreign currency (Swiss francs) – Limitation – Article 4(2) – Main subject matter of the contract – Terms exposing the borrower to a foreign exchange risk – Requirements of intelligibility and transparency – Burden of proof – Article 3(1) – Significant imbalance – Article 5 – Contractual term that is in plain, intelligible language – Principle of effectiveness
Requests for a preliminary ruling from the tribunal de grande instance de Paris
Language of the case: French
| Summary |
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Judgment of the Court (First Chamber) of 10 June 2021
ECLI:EU:C:2021:470 |
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Case C-901/19 CF and DN v Bundesrepublik Deutschland (Concept of ‘serious and individual threat')
Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Directive 2011/95/EU – Conditions for granting subsidiary protection – Article 15(c) – Concept of ‘serious and individual threat’ to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict – National legislation requiring a minimum number of civilian casualties (killed and injured) in the relevant region
Request for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg
Language of the case: German
| Summary |
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Opinion of Advocate General Pikamäe delivered on 11 February 2021
ECLI:EU:C:2021:116 |
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Judgment of the Court (Third Chamber) of 10 June 2021
ECLI:EU:C:2021:472 |
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Case C-921/19 LH v Staatssecretaris van Justitie en Veiligheid (Newelements or findings)
Reference for a preliminary ruling – Border controls, asylum and immigration – Asylum policy – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 40(2) – Subsequent application – New elements or findings – Concept – Documents the authenticity of which cannot be established or the source of which cannot be objectively verified – Directive 2011/95/EU – Article 4(1) and (2) – Assessment of the evidence – Obligation of the Member State concerned to cooperate
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats 's-Hertogenbosch
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Hogan delivered on 11 February 2021
ECLI:EU:C:2021:117 |
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Judgment of the Court (Third Chamber) of 10 June 2021
ECLI:EU:C:2021:478 |
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Case C-923/19 Van Ameyde España v GES, Seguros y Reaseguros
Reference for a preliminary ruling – Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Article 1, points 1 and 2 – Article 3, first, second and final paragraphs – Concept of ‘vehicle’ – Obligation to cover damage to property – Scope – Traffic accident involving an articulated vehicle the parts of which are covered by separate compulsory insurance – Damage caused to the semi-trailer by the tractor vehicle to which it was coupled when the accident occurred – Interpretation of national legislation excluding cover for that damage by the compulsory insurance against civil liability in respect of the use of that road tractor
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Bobek delivered on 23 February 2021
ECLI:EU:C:2021:125 |
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Judgment of the Court (Fifth Chamber) of 10 June 2021
ECLI:EU:C:2021:475 |
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Case C-65/20 VI v KRONE – Verlag
Reference for a preliminary ruling – Consumer protection – Liability for defective products – Directive 85/374/EEC – Article 2 – Concept of ‘defective product’ – Copy of a printed newspaper containing inaccurate health advice – Exclusion from the directive’s scope
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Hogan delivered on 15 April 2021
ECLI:EU:C:2021:298 |
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Judgment of the Court (First Chamber) of 10 June 2021
ECLI:EU:C:2021:471 |
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Case C-94/20 Land Oberösterreich v KV (Housing assistance)
Reference for a preliminary ruling – Directive 2003/109/EC – Status of third-country nationals who are long-term residents – Article 11 – Right to equal treatment as regards social security, social assistance and social protection – Derogation from the principle of equal treatment in respect of social assistance and social protection – Concept of ‘core benefits’ – Directive 2000/43/EC – Principle of equal treatment between persons irrespective of racial or ethnic origin – Article 2 – Concept of discrimination – Article 21 of the Charter of Fundamental Rights of the European Union – Legislation of a Member State subjecting the grant of housing assistance to third-country nationals who are long-term residents to the condition that they provide proof, in a form specified by that legislation, that they have a basic command of the language of that Member State
Request for a preliminary ruling from the Landesgericht Linz
Language of the case: German
| Summary |
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Opinion of Advocate General Hogan delivered on 2 March 2021
ECLI:EU:C:2021:155 |
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Judgment of the Court (Fifth Chamber) of 10 June 2021
ECLI:EU:C:2021:477 |
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Case C-192/20 Prima banka Slovensko v HD
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Scope – Article 1(2) – Mandatory national legislative provisions – Early termination of the loan agreement – Accumulation of loan interest and default interest
Request for a preliminary ruling from the Krajský súd v Prešove
Language of the case: Slovak
| Summary |
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Judgment of the Court (Seventh Chamber) of 10 June 2021
ECLI:EU:C:2021:480 |
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Case C-303/20 Ultimo Portfolio Investment (Luxembourg) v KM
Reference for a preliminary ruling – Credit agreements for consumers – Directive 2008/48/EC – Risk of over-indebtedness – Article 8 – Creditor’s obligation to assess the consumer’s creditworthiness – Article 23 – Effective, proportionate and dissuasive nature of the penalty in the event of infringement of that obligation
Request for a preliminary ruling from the Sąd Rejonowy w Opatowie
Language of the case: Polish
| Summary |
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Judgment of the Court (Sixth Chamber) of 10 June 2021
ECLI:EU:C:2021:479 |
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Case C-645/19 Facebook Ireland and Others v Gegevensbeschermingsautoriteit
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 47 – Regulation (EU) 2016/679 – Cross-border processing of personal data – ‘One-stop shop’ mechanism – Sincere and effective cooperation between supervisory authorities – Competences and powers – Power to initiate or engage in legal proceedings
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bobek delivered on 13 January 2021
ECLI:EU:C:2021:5 |
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Judgment of the Court (Grand Chamber) of 15 June 2021
ECLI:EU:C:2021:483 |
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Joined Cases C-456/20 P to C-458/20 P Crédit agricole and Others v ECB
Language of the case: French
| Summary |
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Order of the Court (Tenth Chamber) of 16 June 2021
ECLI:EU:C:2021:502 |
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Case C-684/20 P Sharpston v Council and Representatives of the Governments of the Member States
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Consequences of the departure of the United Kingdom of Great Britain and Northern Ireland from the European Union for the members of the Court of Justice – Declaration of the Conference of the Representatives of the Governments of the Member States – End of the mandate of an Advocate General – Action for annulment
Language of the case: English
| Summary |
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Order of the Court (First Chamber) of 16 June 2021
ECLI:EU:C:2021:486 |
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Case C-685/20 P Sharpston v Council and Representatives of the Governments of the Member States
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Consequences of the departure of the United Kingdom of Great Britain and Northern Ireland from the European Union for the members of the Court of Justice – Decision of the Representatives of the Governments of the Member States to appoint three Judges and an Advocate General to the Court of Justice – End of the mandate of an Advocate General – Action for annulment
Language of the case: English
| Summary |
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Order of the Court (First Chamber) of 16 June 2021
ECLI:EU:C:2021:485 |
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Case C-597/19 M.I.C.M. v Telenet
Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Directive 2001/29/EC – Article 3(1) and (2) – Concept of ‘making available to the public’ – Downloading of a file containing a protected work via a peer-to-peer network and the simultaneous provision for uploading pieces of that file – Directive 2004/48/EC – Article 3(2) – Misuse of measures, procedures and remedies – Article 4 – Persons entitled to apply for the application of measures, procedures and remedies – Article 8 – Right of information – Article 13 – Concept of ‘prejudice’ – Regulation (EU) 2016/679 – Point (f) of the first subparagraph of Article 6(1) – Protection of natural persons with regard to the processing of personal data – Lawfulness of processing – Directive 2002/58/EC – Article 15(1) – Legislative measures to restrict the scope of the rights and obligations – Fundamental rights – Articles 7 and 8, Article 17(2) and the first paragraph of Article 47 of the Charter of Fundamental Rights of the European
Request for a preliminary ruling from the Ondernemingsrechtbank Antwerpen
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Szpunar delivered on 17 December 2020
ECLI:EU:C:2020:1063 |
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Judgment of the Court (Fifth Chamber) of 17 June 2021
ECLI:EU:C:2021:492 |
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Case C-800/19 Mittelbayerischer Verlag v SM
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Article 7(2) – Special jurisdiction in matters relating to tort, delict or quasi-delict – Place where the harmful event occurred or may occur – Person claiming infringement of his personality rights resulting from the publication of an article online – Place in which the damage occurred – Centre of the interests of that person
Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie
Language of the case: Polish
| Summary |
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Opinion of Advocate General Bobek delivered on 23 February 2021
ECLI:EU:C:2021:124 |
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Judgment of the Court (First Chamber) of 17 June 2021
ECLI:EU:C:2021:489 |
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Case C-862/19 P Czech Republic v Commission
Appeal – European Social Fund (ESF) – European Regional Development Fund (ERDF) – Partial cancellation of assistance for operational programmes in the Czech Republic – Directive 2004/18/EC – Article 16(b) – Specific exclusion – Public service contracts relating to programme material intended for broadcasting
Language of the case: Czech
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 29 October 2020
ECLI:EU:C:2020:877 |
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Judgment of the Court (Fifth Chamber) of 17 June 2021
ECLI:EU:C:2021:493 |
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Case C-23/20 Simonsen & Weel v Region Nordjylland og Region Syddanmark
Reference for a preliminary ruling – Public procurement – Framework agreement – Directive 2014/24/EU – Article 5(5) – Article 18(1) – Articles 33 and 49 – Points 7, 8 and 10 of Part C of Annex V – Implementing Regulation (EU) 2015/1986 – Annex II, fields II.1.5 and II.2.6 – Procurement procedures – Obligation to state, in the contract notice or the tender specifications, first, the estimated quantity or the estimated value and, second, the maximum quantity or the maximum value of the supplies under a framework agreement – Principles of transparency and equal treatment – Directive 89/665/EEC – Article 2d(1) – Procedures for review of the award of public contracts – Ineffectiveness of the contract – Exception
Request for a preliminary ruling from the Klagenævnet for Udbud
Language of the case: Danish
| Summary |
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Judgment of the Court (Fourth Chamber) of 17 June 2021
ECLI:EU:C:2021:490 |
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Joined Cases C-58/20 and C-59/20 K and DBKAG v Finanzamt Österreich
References for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 135(1) – Exemptions – Management of special investment funds – Outsourcing – Services provided by a third party
Requests for a preliminary ruling from the Bundesfinanzgericht
Language of the case: German
| Summary |
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Judgment of the Court (First Chamber) of 17 June 2021
ECLI:EU:C:2021:491 |
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Joined Cases C-682/18 and C-683/18 Peterson v Google and Others and Elsevier v Cyando
Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Making available and management of a video-sharing platform or a file‑hosting and -sharing platform – Liability of the operator for infringements of intellectual property rights by users of its platform – Directive 2001/29/EC – Article 3 and Article 8(3) – Concept of ‘communication to the public’ – Directive 2000/31/EC – Articles 14 and 15 – Conditions for exemption from liability – No knowledge of specific infringements – Notification of such infringements as a condition for obtaining an injunction
Requests for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 16 July 2020
ECLI:EU:C:2020:586 |
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Judgment of the Court (Grand Chamber) of 22 June 2021
ECLI:EU:C:2021:503 |
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Case C-439/19 Proceedings brought by B (Penalty points)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Articles 5, 6 and 10 – National legislation providing for public access to personal data relating to penalty points imposed for road traffic offences – Lawfulness – Concept of ‘personal data relating to criminal convictions and offences’ – Disclosure for the purpose of improving road safety – Right of public access to official documents – Freedom of information – Reconciliation with the fundamental rights to respect for private life and to the protection of personal data – Re-use of data – Article 267 TFEU – Temporal effect of a preliminary ruling – Ability of a constitutional court of a Member State to maintain the legal effects of national legislation incompatible with EU law – Principles of primacy of EU law and of legal certainty
Request for a preliminary ruling from the Satversmes tiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Szpunar delivered on 17 December 2020
ECLI:EU:C:2020:1054 |
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Judgment of the Court (Grand Chamber) of 22 June 2021
ECLI:EU:C:2021:504 |
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Case C-718/19 Ordre des barreaux francophones et germanophone and Others v Conseil des ministres (Preventive measures for removal)
Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Directive 2004/38/EC – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Decision to terminate a person’s residence on grounds of public policy – Preventive measures to avoid any risk of the person concerned absconding during the period allowed for that person to leave the territory of the host Member State – National provisions similar to those applicable to third-country nationals under Article 7(3) of Directive 2008/115/EC – Maximum period of detention for the purpose of removal – National provision identical to that applicable to third-country nationals
Request for a preliminary ruling from the Cour constitutionnelle
Language of the case: French
| Summary |
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Opinion of Advocate General Rantos delivered on 10 February 2021
ECLI:EU:C:2021:103 |
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Judgment of the Court (Grand Chamber) of 22 June 2021
ECLI:EU:C:2021:505 |
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Case C-719/19 FS v Staatssecretaris van Justitie en Veiligheid (Effects of an expulsion decision)
Reference for a preliminary ruling – Citizenship of the Union – Directive 2004/38/EC – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Article 15 – End of a Union citizen’s temporary residence in the territory of the host Member State – Expulsion decision – Physical departure of that Union citizen from that territory – Temporal effects of that expulsion decision – Article 6 – Possibility for that Union citizen to enjoy a new right of residence on his or her return to that territory
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Rantos delivered on 10 February 2021
ECLI:EU:C:2021:104 |
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Judgment of the Court (Grand Chamber) of 22 June 2021
ECLI:EU:C:2021:506 |
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Case C-872/19 P Venezuela v Council (Whether a third State is affected)
Appeal – Common foreign and security policy (CFSP) – Restrictive measures taken with regard to the situation in Venezuela – Action for annulment brought by a third State – Admissibility – Fourth paragraph of Article 263 TFEU – Locus standi – Condition that the applicant must be directly concerned by the measure that forms the subject matter of the action – Concept of a ‘legal person’ – Interest in bringing proceedings – Regulatory act which does not entail implementing measures
Language of the case: English
| Summary |
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Opinion of Advocate General Hogan delivered on 20 January 2021
ECLI:EU:C:2021:37 |
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Judgment of the Court (Grand Chamber) of 22 June 2021
ECLI:EU:C:2021:507 |
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Case C-550/19 EV v Obras y Servicios Públicos and Acciona Agua
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term employment concluded by ETUC, UNICE and CEEP – Clause 5 – Measures to prevent abuse arising from the use of successive fixed-term employment contracts or relationships – Successive fixed-term employment contracts in the construction sector, known as ‘fijos de obra’ – Concept of ‘objective reasons’ justifying the renewal of such contracts – Directive 2001/23/EC – Article 1(1) – Transfer of an undertaking – Article 3(1) – Safeguarding of employees’ rights – Taking over of employment contracts in accordance with the terms of a collective agreement – Collective agreement limiting the rights and obligations of the transferred workers to the rights and obligations arising from the last contract concluded with the outgoing company
Request for a preliminary ruling from the Juzgado de lo Social de Madrid
Language of the case: Spanish
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Judgment of the Court (Seventh Chamber) of 24 June 2021
ECLI:EU:C:2021:514 |
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Case C-559/19 Commission v Spain (Détérioration de l’espace naturel de Doñana)
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Kokott delivered on 3 December 2020
ECLI:EU:C:2020:987 |
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Judgment of the Court (First Chamber) of 24 June 2021
ECLI:EU:C:2021:512 |
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Case C-12/20 DB Netz v Bundesrepublik Deutschland
Request for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 25 February 2021
ECLI:EU:C:2021:146 |
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Judgment of the Court (Fifth Chamber) of 24 June 2021
ECLI:EU:C:2021:513 |
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Information (on unpublished decisions)
Case C-268/19 UP v Banco Santander
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Consumer protection – Directive 93/13/EEC – Mortgage loan agreement – Unfair terms – Term limiting the variability of the interest rate (so-called ‘floor’ clause) – Novation agreement – No binding character
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Order of the Court (Seventh Chamber) of 1 June 2021 ECLI:EU:C:2021:423 |
Case C-103/19 SUSH and CGT Sanidad de Madrid v Consejería de Sanidad de la Comunidad de Madrid
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 5(1) ‐ Successive fixed-term employment contracts in the public health sector – Concept of ‘objective reasons’ – Concept of ‘equivalent legal measures to prevent abuse’ – Substitution of the status of occasional regulated staff for that of interim regulated staff – Permanent need for temporary regulated staff
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Order of the Court (Seventh Chamber) of 2 June 2021 ECLI:EU:C:2021:460 |
Case C-109/21 P H.R. Participations v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 2 June 2021 ECLI:EU:C:2021:424 |
Case C-635/18 Commission v Germany (Limit values – NO2)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and constant exceedance of the limit values for nitrogen dioxide (NO2) in certain zones and agglomerations of Germany – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures
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Judgment of the Court (Seventh Chamber) of 3 June 2021 ECLI:EU:C:2021:437 |
Joined Cases C-818/18 P and C-6/19 P Yokohama Rubber v EUIPO and EUIPO v Pirelli Tyre
Appeal – EU trade mark – Absolute grounds for refusal or invalidity of registration – Sign consisting exclusively of the shape of goods which is necessary to obtain a technical result – Regulation (EC) No 40/94 – Article 7(1)(e)(ii) – Sign consisting of a shape which does not represent a significant part of the goods
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Judgment of the Court (Fourth Chamber) of 3 June 2021 ECLI:EU:C:2021:431 |
Case C-359/20 P Talanton v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Arbitration clause – Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) – Grant agreement – Non-eligible costs – Recovery decision – Action brought by the recipient before the General Court of the European Union on the basis of Article 272 TFEU – Distortion of the facts – Reasonable period of time – Principle of good faith – Legitimate expectations – Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded
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Order of the Court (Eighth Chamber) of 8 June 2021 ECLI:EU:C:2021:466 |
Case C-699/20 Centraal Justitieel Incassobureau v AP
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the General Court – Judicial cooperation in criminal matters – Framework Decision 2005/214/JHA – Refusal to recognise a decision imposing a financial penalty – No pending litigation before the court that refused that request – Manifest inadmissibility
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Order of the Court (Sixth Chamber) of 8 June 2021 ECLI:EU:C:2021:465 |
Case C-198/20 MN and Others v X Bank
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Consumer protection – Directive 93/13/EEC – Article 2(b) – Concept of ‘consumer’ – Mortgage loan drawn up in a foreign currency – Articles 3 and 4 – Assessment of the unfairness of a contractual term
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Order of the Court (Seventh Chamber) of 10 June 2021 ECLI:EU:C:2021:481 |
Case C-153/20 P Lithuania v Commission
Appeal – European Agricultural Guarantee Fund (EAGF) and European Agricultural Fund for Rural Development (EAFRD) – Expenditure excluded from EU financing – Expenditure incurred by the Republic of Lithuania – Regulation (EU) No 65/2011 – Administrative checks – On-the-spot check – Quality of checks – Quality of the applicants – Artificial conditions – Expenditure incurred through projects
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Judgment of the Court (Ninth Chamber) of 17 June 2021 ECLI:EU:C:2021:494 |
Case C-81/20 Mitliv Exim v Agenţia Naţională de Administrare Fiscală and Direcţia Generală de Administrare a Marilor Contribuabili
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice – Value added tax (VAT) – Directive 2006/112/EC – Fundamental rights – Principle of ne bis in idem – Both criminal and administrative penalties – Not applicable – Ancillary tax liabilities – Interest on a sum paid by the taxpayer in the context of criminal proceedings
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Order of the Court (Seventh Chamber) of 22 June 2021 ECLI:EU:C:2021:510 |
Case C-206/20 VA
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 8(1)(c) – European arrest warrant issued by the public prosecutor’s office of a Member State for the purposes of criminal prosecution on the basis of a measure involving deprivation of liberty issued by the same authority – No judicial review prior to surrender of the requested person – Consequences – Effective judicial protection – Charter of Fundamental Rights of the European Union – Article 47
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Order of the Court (Sixth Chamber) of 22 June 2021 ECLI:EU:C:2021:509 |
Case C-114/21 P Cinkciarz.pl v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may succeed) of 22 June 2021 ECLI:EU:C:2021:508 |
Case C-167/20 P WD v EFSA
Appeal – Civil service – Members of the temporary staff – Fixed-term contract – Decision not to reclassify – Lack of appraisal reports – Decision not to renew the contract
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Judgment of the Court (Tenth Chamber) of 24 June 2021 ECLI:EU:C:2021:516 |
Case C-219/21 P Olimp Laboratories v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 24 June 2021 ECLI:EU:C:2021:522 |
Case C-220/21 P(I) ratiopharm and Others v Commission
Appeal – Intervention – Second paragraph of Article 40 of the Statute of the Court of Justice of the European Union – Interest in the result of the case – Public health – Medicinal products for human use – Regulation (EC) No 726/2004 – Directive 2001/83/EC – Decision granting marketing authorisation for the medicinal product for human use Dexmedetomidine Accord – dexmedetomidine – Dismissal
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Order of the Vice-President of the Court of 24 June 2021 ECLI:EU:C:2021:521 |
Case C-593/20 SA Moro and Others v Commission
Application for leave to serve a garnishee order on the European Commission
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Order of the Court (Sixth Chamber) of 29 June 2021 ECLI:EU:C:2021:535 |
Case C-185/21 P Turk Hava Yollari v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 29 June 2021 ECLI:EU:C:2021:526 |
Case C-21/21 P Comprojecto-Projectos e Construções and Others v Court of Justice of the European Union and Others
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Article 56 of the Statute of the Court of Justice of the European Union – Appeal lodged out of time – Appeal brought against an order of the General Court of the European Union dismissing as inadmissible an application for rectification – Appeal manifestly inadmissible
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Order of the Court (Sixth Chamber) of 30 June 2021 ECLI:EU:C:2021:540 |
July 2021
Case C-521/19 CB v Tribunal Económico Administrativo Regional de Galicia
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Tax inspection – Supply of services as an activity of an agent for performing artists – Transactions subject to VAT – Transactions not declared to the tax authority and not invoiced – Fraud – Reconstitution of the taxable amount for income tax purposes – Principle of VAT neutrality – Inclusion of VAT in the reconstituted taxable amount
Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
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Judgment of the Court (Third Chamber) of 1 July 2021
ECLI:EU:C:2021:527 |
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Case C-301/20 UE and HC v Vorarlberger Landes- und Hypotheken-Bank
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 650/2012 – European Certificate of Succession – Validity of a certified copy of the certificate not having an expiration date – Article 65(1) – Article 69 – Effects of the certificate as regards the persons who are designated on it but have not requested it to be issued – Article 70(3) – Date to take into account for the assessment of the validity of the copy – Evidential effects of the copy
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 29 April 2021
ECLI:EU:C:2021:351 |
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Judgment of the Court (Sixth Chamber) of 1 July 2021
ECLI:EU:C:2021:528 |
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Case C-428/19 OL and Others v Rapidsped
Reference for a preliminary ruling – Directive 96/71/EEC – Article 1(1) and Articles 3 and 5 – Posting of workers in the framework of the provision of services – Drivers working in international road transport – Compliance with the minimum rates of pay of the country of posting – Daily allowance – Regulation (EC) No 561/2006 – Article 10 – Remuneration paid to employees according to fuel consumption
Request for a preliminary ruling from the Gyulai Törvényszék
Language of the case: Hungarian
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Judgment of the Court (First Chamber) of 8 July 2021
ECLI:EU:C:2021:548 |
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Case C-695/19 Rádio Popular v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Directive 2006/112/EC – Value added tax (VAT) – Exemptions – Article 135(1)(a) – Definition of ‘insurance’ transactions and of ‘related services performed by insurance brokers and insurance agents’ – Article 174(2) – Right to deduction – Proportional deduction – Extended warranties on household electrical appliances and other computer and telecommunications equipment – Definition of ‘financial transactions’
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
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Judgment of the Court (Fourth Chamber) of 8 July 2021
ECLI:EU:C:2021:549 |
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Case C-830/19 C.J. v Région wallonne (Support for young farmers)
Reference for a preliminary ruling – Agriculture – European Agricultural Fund for Rural Development (EAFRD) – Regulation (EU) No 1305/2013 – Delegated Regulation (EU) No 807/2014 – Young farmers setting up – Farm development – Business start-up aid for young farmers – Conditions of access – Equivalence – Not setting up as sole head of the holding – Upper thresholds – Fixing – Criteria – Standard output of the agricultural holding
Request for a preliminary ruling from the Tribunal de première instance de Namur
Language of the case: French
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Judgment of the Court (First Chamber) of 8 July 2021
ECLI:EU:C:2021:552 |
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Case C-937/19 Staatsanwaltschaft Köln and Bundesamt für Güterverkehr v KA
Reference for a preliminary ruling – Regulation (EC) No 1072/2009 – Article 1(5)(d) – Article 8 – International carriage of goods by road from one Member State to another Member State – Cabotage operations following that international carriage in the territory of the latter Member State – Restrictions – Requirement of a Community licence and, where appropriate, a carriage authorisation – Exemptions – Cabotage operations following an international carriage on one’s own account – Conditions
Request for a preliminary ruling from the Amtsgericht Köln
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 8 July 2021
ECLI:EU:C:2021:555 |
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Case C-71/20 Criminal proceedings against VAS Shipping
Reference for a preliminary ruling – Articles 49 and 54 TFEU – Freedom of establishment – National legislation requiring third-country nationals employed on a vessel flying the flag of a Member State to hold a work permit in that Member State – Exemption covering vessels that call at the Member State’s port no more than 25 times in a one-year period – Restriction – Article 79(5) TFEU – National legislation aimed at fixing the volumes of admission of third-country nationals coming from third countries to the territory of the Member State concerned in order to seek work, whether employed or self-employed
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Hogan delivered on 10 June 2021
ECLI:EU:C:2021:474 |
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Judgment of the Court (Fourth Chamber) of 8 July 2021
ECLI:EU:C:2021:550 |
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Case C-120/20 Koleje Mazowieckie v Skarb Państwa and PKP Polskie Linie Kolejowe
Reference for a preliminary ruling – Rail transport – Allocation of railway infrastructure capacity and levying of charges for the use of railway infrastructure – Directive 2001/14/EC – Article 4(5) – Charging – Article 30 – National regulatory body tasked with ensuring that infrastructure charges comply with that directive – Contract for the use of infrastructure concluded between the infrastructure manager and a railway undertaking – Incorrect transposition – State liability – Claim for damages – Prior referral to the national regulatory body
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
| Summary |
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Judgment of the Court (Fifth Chamber) of 8 July 2021
ECLI:EU:C:2021:553 |
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Case C-166/20 BB v Lietuvos Respublikos sveikatos apsaugos ministerija
Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Article 1 and Article 10(b) – Professional qualifications obtained in several Member States – Conditions for obtaining – No formal evidence of qualifications – Articles 45 and 49 TFEU – Workers – Freedom of establishment
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
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Judgment of the Court (Sixth Chamber) of 8 July 2021
ECLI:EU:C:2021:554 |
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Case C-178/20 Pharma Expressz Szolgáltató és Kereskedelmi v Országos Gyógyszerészeti és Élelmezés-egészségügyi Intézet
Reference for a preliminary ruling – Free movement of goods – Medicinal products for human use – Directive 2001/83/EC – Article 5(1), Article 6(1) and Articles 70 to 73 – Medicinal products authorised in one Member State – Classification as medicinal products not subject to medical prescription – Sale in pharmacies of another Member State where the medicinal product does not have a marketing authorisation – National legislation requiring notification to be given to the competent authority and a declaration from that authority concerning the use of that medicinal product – Article 34 TFEU – Quantitative restriction
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Szpunar delivered on 20 May 2021
ECLI:EU:C:2021:416 |
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Judgment of the Court (Fourth Chamber) of 8 July 2021
ECLI:EU:C:2021:551 |
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Case C-295/20 „Sanresa“ v Aplinkos apsaugos departamentas prie Aplinkos ministerijos
Reference for a preliminary ruling – Public procurement – Award of a public contract for waste treatment services – Directive 2014/24/EU – Articles 58 and 70 – Classification of the operator’s obligation to hold written prior consent for cross-border shipments of waste – Condition of performance of the contract
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
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Judgment of the Court (Ninth Chamber) of 8 July 2021
ECLI:EU:C:2021:556 |
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Case C-204/21 R Commission v Poland
Interim relief – Article 279 TFEU – Application for interim measures – Second subparagraph of Article 19(1) TEU – Independence of the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland) – Charter of Fundamental Rights of the European Union – Article 47 – Effective judicial protection – Independence of judges – Disciplinary regime for judges – Examination of questions of law concerning the lack of independence of judges – Exclusive jurisdiction of the Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Extraordinary Review and Public Affairs Chamber) of the Sąd Najwyższy (Supreme Court)
Language of the case: Polish
| Summary |
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Order of the Vice-President of the Court of 14 July 2021
ECLI:EU:C:2021:593 |
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Joined Cases C-804/18 and C-341/19 IX v WABE and MH Müller Handel v MJ
Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Prohibition of discrimination on the grounds of religion or belief – Internal rule of a private undertaking prohibiting the wearing of any visible political, philosophical or religious sign or the wearing of conspicuous, large-sized political, philosophical or religious signs in the workplace – Direct or indirect discrimination – Proportionality – Balancing the freedom of religion and other fundamental rights – Legitimacy of the policy of neutrality adopted by the employer – Need to establish economic loss suffered by the employer
Requests for a preliminary ruling from the Arbeitsgericht Hamburg and Bundesarbeitsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Rantos delivered on 25 February 2021
ECLI:EU:C:2021:144 |
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Judgment of the Court (Grand Chamber) of 15 July 2021
ECLI:EU:C:2021:594 |
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Case C-453/19 P Deutsche Lufthansa v Commission
Appeal – State aid – Aid for airports and airlines – Decision classifying the measures in favour of Frankfurt Hahn airport as State aid compatible with the internal market and finding no State aid in favour of airlines using that airport – Inadmissibility of an action for annulment – Fourth paragraph of Article 263 TFEU – Natural or legal person not directly and individually concerned by the decision at issue – Effective judicial protection
Language of the case: German
| Summary |
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Judgment of the Court (Fourth Chamber) of 15 July 2021
ECLI:EU:C:2021:608 |
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Case C-535/19 A (Public health care)
Reference for a preliminary ruling – Freedom of movement for persons – Citizenship of the Union – Regulation (EC) No 883/2004 – Article 3(1)(a) – Sickness benefits – Concept – Article 4 and Article 11(3)(e) – Directive 2004/38/EC – Article 7(1)(b) – Right of residence for more than three months – Condition of having comprehensive sickness insurance cover – Article 24 – Equal treatment – Economically inactive national of a Member State residing legally in the territory of another Member State – Refusal by the host Member State to affiliate that person to its public sickness insurance system
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 11 February 2021
ECLI:EU:C:2021:114 |
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Judgment of the Court (Grand Chamber) of 15 July 2021
ECLI:EU:C:2021:595 |
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Case C-742/19 B. K. v Ministrstvo za obrambo
Reference for a preliminary ruling – Protection of the safety and health of workers – Organisation of working time – Members of the armed forces – Applicability of EU law – Article 4(2) TEU – Directive 2003/88/EC – Scope – Article 1(3) – Directive 89/391/EEC – Article 2(2) – Military activities – Concept of ‘working time’ – Stand-by period – Dispute concerning the remuneration of a worker
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 28 January 2021
ECLI:EU:C:2021:77 |
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Judgment of the Court (Grand Chamber) of 15 July 2021
ECLI:EU:C:2021:597 |
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Case C-758/19 OH v ID (Immunity from jurisdiction)
Reference for a preliminary ruling – Articles 268, 270, 340 and 343 TFEU – Protocol (No 7) on the privileges and immunities of the European Union – Articles 11, 17 and 19 – Former member of the European Commission – Immunity from jurisdiction – Claim for non-contractual liability – Waiver of immunity – Jurisdiction of the Court of Justice of the European Union
Request for a preliminary ruling from the Protodikeio Athinon
Language of the case: Greek
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Judgment of the Court (First Chamber) of 15 July 2021
ECLI:EU:C:2021:603 |
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Case C-791/19 Commission v Poland (Disciplinary regime for judges)
Failure of a Member State to fulfil obligations – Disciplinary regime applicable to judges – Rule of law – Independence of judges – Effective legal protection in the fields covered by Union law – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Disciplinary offences resulting from the content of judicial decisions – Independent disciplinary courts or tribunals established by law – Respect for reasonable time and the rights of the defence in disciplinary proceedings – Article 267 TFEU – Restriction of the right of national courts to submit requests for a preliminary ruling to the Court of Justice and of their obligation to do so
Language of the case: Polish
| Summary |
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Judgment of the Court (Grand Chamber) of 15 July 2021
ECLI:EU:C:2021:596 |
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Case C-795/19 XX v Tartu Vangla
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Prohibition of discrimination on grounds of disability – Article 2(2)(a) – Article 4(1) – Article 5 – National legislation laying down requirements in respect of the hearing acuity of prison officers – Failure to meet the standards of sound perception required – Absolute bar to remaining in employment
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 25 November 2020
ECLI:EU:C:2020:961 |
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Judgment of the Court (Second Chamber) of 15 July 2021
ECLI:EU:C:2021:606 |
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Case C-848/19 P Germany v Poland
Appeal – Article 194(1) TFEU – Principle of energy solidarity – Directive 2009/73/EC – Internal market in natural gas – Article 36(1) – Decision of the European Commission on review of the exemption of the OPAL pipeline from the requirements on third-party access and tariff regulation following a request by the German regulatory authority – Action for annulment
Language of the case: Polish
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 18 March 2021
ECLI:EU:C:2021:218 |
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Judgment of the Court (Grand Chamber) of 15 July 2021
ECLI:EU:C:2021:598 |
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Case C-851/19 P DK v EEAS
Appeal – Civil service – Disciplinary proceedings – Disciplinary penalty – Determination of that penalty – Withholding of an amount from the pension – Criminal conviction and civil sanction before national courts – Compensation, in whole or in part, for non-material damage caused to the European Union – Lack of relevance of that compensation – Article 10 of the Staff Regulations of Officials of the European Union – Principle of equal treatment – Principle of proportionality
Language of the case: French
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Judgment of the Court (Second Chamber) of 15 July 2021
ECLI:EU:C:2021:607 |
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Case C-911/19 FBF v ACPR
Reference for a preliminary ruling – Articles 263 and 267 TFEU – EU act which is not legally binding – Judicial review – Guidelines issued by the European Banking Authority (EBA) – Product oversight and governance arrangements for retail banking products – Validity – Power of the EBA
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Opinion of Advocate General Bobek delivered on 15 April 2021
ECLI:EU:C:2021:294 |
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Judgment of the Court (Grand Chamber) of 15 July 2021
ECLI:EU:C:2021:599 |
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Case C-30/20 RH v Volvo and Others
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 7(2) – Jurisdiction in matters relating to tort, delict or quasi-delict – Place where the damage occurred – Cartel declared contrary to Article 101 TFEU and Article 53 of the Agreement on the European Economic Area – Determination of international and territorial jurisdiction – Centralisation of jurisdiction in favour of a specialised court
Request for a preliminary ruling from the Juzgado de lo Mercantil de Madrid
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 22 April 2021
ECLI:EU:C:2021:322 |
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Judgment of the Court (First Chamber) of 15 July 2021
ECLI:EU:C:2021:604 |
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Case C-60/20 Latvijas dzelzceļš v Valsts dzelzceļa administrācija (Railway service facilities)
Reference for a preliminary ruling – Rail transport – Directive 2012/34/EU – Single European railway area – Article 13(2) and (6) – Access to service facilities and to rail-related services – Regulation (EU) 2017/2177 – Reconversion of facilities – Powers of the regulatory body
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 25 February 2021
ECLI:EU:C:2021:147 |
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Judgment of the Court (Fifth Chamber) of 15 July 2021
ECLI:EU:C:2021:610 |
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Joined Cases C-152/20 and C-218/20 DG and EH v SC Gruber Logistics and Sindicatul Lucrătorilor din Transporturi v SC Samidani Trans
Reference for a preliminary ruling – Judicial cooperation in civil matters – Law applicable to contractual obligations – Regulation (EC) No 593/2008 – Articles 3 and 8 – Choice of law by the parties – Individual employment contracts – Employees who perform work in more than one Member State – Existence of closer connections with a country other than that in which or from which the employee habitually carries out his or her work or in which the place of business through which the employee was engaged is situated – Concept of ‘provisions which cannot be derogated from by agreement’ – Minimum wage
Requests for a preliminary ruling from the Tribunalul Mureş
Language of the case: Romanian
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Judgment of the Court (First Chamber) of 15 July 2021
ECLI:EU:C:2021:600 |
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Case C-190/20 DocMorris v Apothekerkammer Nordrhein
Reference for a preliminary ruling – Medicinal products for human use subject to a medical prescription – Directive 2001/83/EC – Scope – Advertising by a mail-order pharmacy intended to influence not the customer’s choice of a particular medicinal product, but the choice of pharmacy – Prize competition – Free movement of goods – National legislation – Prohibition on offering, advertising or granting advantages and other promotional gifts in the field of therapeutic products – Selling arrangements falling outside the scope of Article 34 TFEU
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Fourth Chamber) of 15 July 2021
ECLI:EU:C:2021:609 |
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Case C-241/20 BJ v Belgian State (Loss of tax advantages in the Member State of residence)
Reference for a preliminary ruling – Freedom of movement for workers – Free movement of capital – Income tax – Legislation for the avoidance of double taxation – Income received in a Member State other than that of residence – Method of calculating the exemption in the Member State of residence – Loss of part of the benefit of certain tax advantages
Request for a preliminary ruling from the Tribunal de première instance du Luxembourg
Language of the case: French
| Summary |
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Judgment of the Court (First Chamber) of 15 July 2021
ECLI:EU:C:2021:605 |
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Case C-325/20 BEMH and CNCC v Premier ministre and Others
Reference for a preliminary ruling – Directive 2006/123/EC – Article 14(6) – Freedom of establishment – Commercial operating permit issued by a collegiate body – Body made up of, inter alia, recognised experts representative of the economic fabric – Persons potentially constituting or representing competing operators of the applicant for authorisation – Prohibition
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Judgment of the Court (Sixth Chamber) of 15 July 2021
ECLI:EU:C:2021:611 |
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Case C-362/20 Openbaar Ministerie and Federale Overheidsdienst Financiën v Profit Europe and Gosselin Forwarding Services
Reference for a preliminary ruling – Commercial policy – Regulation (EU) No 1071/2012 – Implementing Regulation (EU) No 430/2013 – Common Customs Tariff – Tariff classification – Combined Nomenclature – Subheadings 7307 11 10, 7307 19 10 and 7307 19 90 – Scope – Tariff classification resulting from a Court judgment – Definitive anti-dumping duties on imports of threaded tube or pipe cast fittings, of malleable cast iron – Whether definitive anti-dumping duties are applicable on imports of threaded tube or pipe cast fittings, of spheroidal graphite cast iron
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
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Judgment of the Court (Tenth Chamber) of 15 July 2021
ECLI:EU:C:2021:612 |
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Joined Cases C-584/20 P and C-621/20 P Commission v Landesbank Baden-Württemberg and SRB
Appeal – Banking union – Single Resolution Mechanism (SRM) – Single Resolution Fund (SRF) – Calculation of the 2017 ex ante contributions – Authentication of a decision of the Single Resolution Board (SRB) – Obligation to state reasons – Confidential data – Legality of Delegated Regulation (EU) 2015/63
Language of the case: German
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 27 April 2021
ECLI:EU:C:2021:330 |
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Judgment of the Court (Grand Chamber) of 15 July 2021
ECLI:EU:C:2021:601 |
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Case C-709/20 CG v The Department for Communities in Northern Ireland
Reference for a preliminary ruling – Citizenship of the Union – National of a Member State without an activity residing in the territory of another Member State on the basis of national law – First paragraph of Article 18 TFEU – Non-discrimination based on nationality – Directive 2004/38/EC – Article 7 – Conditions for obtaining a right of residence for more than three months – Article 24 – Social assistance – Concept – Equal treatment – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland – Transition period – National provision excluding Union citizens with a right of residence for a fixed period under national law from social assistance – Charter of Fundamental Rights of the European Union – Articles 1, 7 and 24
Request for a preliminary ruling from the Appeal Tribunal (Northern Ireland)
Language of the case: English
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 24 June 2021
ECLI:EU:C:2021:515 |
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Judgment of the Court (Grand Chamber) of 15 July 2021
ECLI:EU:C:2021:602 |
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Information (on unpublished decisions)
Case C-607/18 P-OST NKT Verwaltungs and NKT v Commission
Article 155 of the Rules of Procedure of the Court of Justice – Failure to adjudicate – None – Article 158 of the Rules of Procedure – Interpretation of a judgment – Inadmissibility
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Order of the Court (Seventh Chamber) of 1 July 2021 ECLI:EU:C:2021:537 |
Case C-636/20 Tolnatext v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Union Customs Code – Article 22(6) – Article 29 – Right to be heard – Procedures initiated ex officio – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Insufficient information as to the reasons justifying the need for an answer to the questions referred for a preliminary ruling for the purposes of resolving the dispute in the main proceedings – Manifest inadmissibility of the request for a preliminary ruling
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Order of the Court (Sixth Chamber) of 1 July 2021 ECLI:EU:C:2021:538 |
Case C-244/21 C.I.I. v Ministerul Public
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Charter of Fundamental Rights of the European Union – Article 49 – Principles of legality and proportionality of criminal offences and penalties – National case-law prohibiting the application of new more lenient criminal legislation where it requires a new assessment of a legal characterisation that already has the force of res judicata – No implementation of EU law – Clear lack of jurisdiction of the Court
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Order of the Court (Tenth Chamber) of 1 July 2021 ECLI:EU:C:2021:539 |
Case C-717/20 P Karpeta-Kovalyova v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Members of the contract staff – Spouse of a Greek diplomat who resided in Brussels prior to the recruitment – Definition of the place of recruitment and the centre of interests – Refusal to grant the appellant the expatriation allowance and related benefits – Appeal manifestly unfounded
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Order of the Court (Eighth Chamber) of 6 July 2021 ECLI:EU:C:2021:542 |
Case C-46/21 P-R ACER v Aquind
Application for interim relief – Appeal – Articles 278 and 279 TFEU – Application for suspension of operation of a measure – Application for interim measures – Regulation (EC) No 714/2009 – Conditions for access to the network for cross-border exchanges in electricity – Article 17 – Decision of the European Union Agency for the Cooperation of Energy Regulators (ACER) refusing a request for exemption relating to new electrical interconnectors – Appeal brought before the Board of Appeal of ACER – Annulment of the decision adjudicating on that appeal
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Order of the Vice-President of the Court of 16 July 2021 ECLI:EU:C:2021:633 |
Cases C-276/21 P(R) Indofil Industries (Netherlands) v Commission
Appeal – Order for interim measures – Plant protection products – Implementing Regulation (EU) 2020/2087 – Non-renewal of approval of the active substance mancozeb – Application for suspension of operation of a measure – No urgency – Assessment of the facts – No distortion of the facts or evidence – Grounds included for the sake of completeness
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Order of the Vice-President of the Court of 16 July 2021 ECLI:EU:C:2021:634 |
Case C-281/21 P(R) Symrise v ECHA
Appeal – Interim order – Regulation (EC) No 1907/2006 – Registration, evaluation, authorisation and restriction of chemicals (REACH) – Substance 2-ethylhexyl salicylate – Substance used exclusively in the manufacture of cosmetic products – Decision of the European Chemicals Agency (ECHA) requesting that the applicant submit additional toxicity studies and tests – Application for interim measures – No urgency – Dismissal
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Order of the Vice-President of the Court of 16 July 2021 ECLI:EU:C:2021:632 |
Case C-282/21 P(R) Symrise v ECHA
Appeal – Interim order – Regulation (EC) No 1907/2006 – Registration, evaluation, authorisation and restriction of chemicals (REACH) – Substance homosalate – Substance used exclusively in the manufacture of cosmetic products – Decision of the European Chemicals Agency (ECHA) requesting that the applicant submit additional toxicity studies and tests – Application for interim measures – No urgency – Dismissal
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Order of the Vice-President of the Court of 16 July 2021 ECLI:EU:C:2021:631 |
Case C-728/20 XX and Others, members of the Uniunea Revoluţionarilor din România v Romania and Others
Action for damages brought by natural persons against a Member State – Action seeking a declaration that the European Parliament and the European Commission failed to act – Application for recognition of the status of politically persecuted persons – Declaration that rights guaranteed by national rules have been infringed – Purely internal situation – Clear lack of jurisdiction of the Court
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Order of the Court (Seventh Chamber) of 30 July 2021 ECLI:EU:C:2021:639 |
August 2021
Case C-262/21 PPU A v B
Reference for a preliminary ruling – Area of freedom, security and justice – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility – Regulation (EC) No 2201/2003 – Scope – Article 2(11) – Definition of ‘wrongful removal or retention of a child’ – Hague Convention of 25 October 1980 – Application for return of a child of a young age whose parents have joint custody – Third-country nationals – Transfer of the child and his mother to the Member State responsible for examining an application for international protection under Regulation (EU) No 604/2013 (Dublin III)
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Pikamäe delivered on 14 July 2021
ECLI:EU:C:2021:592 |
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Judgment of the Court (First Chamber) of 2 August 2021
ECLI:EU:C:2021:640 |
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September 2021
Case C-387/20 Proceedings brought by OKR (Reference for a preliminary ruling from a notary acting as a deputy for another notary)
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Notary acting as a deputy for another notary – Definition of ‘court or tribunal’ – Criteria – Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Notariusz w Krapkowicach Justyna Gawlica - Krapkowice
Language of the case: Polish
| Summary |
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Order of the Court (Sixth Chamber) of 1 September 2021
ECLI:EU:C:2021:751 |
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Case C-718/18 Commission v Germany (Transposition of Directives 2009/72 and 2009/73)
Failure of a Member State to fulfil obligations – Internal markets for electricity and natural gas – Directive 2009/72/EC – Article 2(21) – Article 19(3), (5) and (8) – Article 37(1)(a) and (6)(a) and (b) – Directive 2009/73/EC – Article 2(20) – Article 19(3), (5) and (8) – Article 41(1)(a) and (6)(a) and (b) – Concept of a ‘vertically integrated undertaking’ – Effective unbundling of networks from the activities of production and supply of electricity and natural gas – Independent transmission operator – Independence of the staff and the management of the transmission system operator – Transitional periods – Shares held in the capital of the vertically integrated undertaking – National regulatory authorities – Independence – Exclusive powers – Article 45 TFEU – Freedom of movement for workers – Charter of Fundamental Rights of the European Union – Article 15 – Right to engage in work and to pursue an occupation – Article 17 – Right to property – Article 52(1) – Restrictions – Principle of democracy
Language of the case: German
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 14 January 2021
ECLI:EU:C:2021:20 |
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Judgment of the Court (Fourth Chamber) of 2 September 2021
ECLI:EU:C:2021:662 |
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Case C-57/19 P Commission v Tempus Energy and Tempus Energy Technology
Appeal – State aid – Aid scheme – Article 108(2) and (3) TFEU – Regulation (EC) No 659/1999 – Article 4(3) and (4) – Concept of ‘doubts as to the compatibility of a notified measure with the common market’ – Decision not to raise objections – Formal investigation procedure not initiated – Guidelines on State aid for environmental protection and energy 2014-2020 – Code of Best Practice for the conduct of State aid control procedures – ‘Pre-notification’ contacts – Procedural rights of interested parties – Electricity capacity market in the United Kingdom
Language of the case: English
| Summary |
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Opinion of Advocate General Tanchev delivered on 3 June 2021
ECLI:EU:C:2021:451 |
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Judgment of the Court (Fourth Chamber) of 2 September 2021
ECLI:EU:C:2021:663 |
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Case C-570/19 Irish Ferries v National Transport Authority
Reference for a preliminary ruling – Maritime transport – Rights of passengers when travelling by sea and inland waterway – Regulation (EU) No 1177/2010 – Articles 18 and 19, Article 20(4), and Articles 24 and 25 – Cancellation of passenger services – Late delivery of a vessel to the carrier – Notice given prior to the originally scheduled date of departure – Consequences – Right to re-routing – Procedures – Payment of the additional costs – Right to compensation – Calculation – Concept of ticket price – National body responsible for the enforcement of Regulation No 1177/2010 – Competence – Concept of a complaint – Assessment of validity – Articles 16, 17, 20 and 47 of the Charter of Fundamental Rights of the European Union – Principles of proportionality, legal certainty and equal treatment
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
| Summary |
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Opinion of Advocate General Szpunar delivered on 4 March 2021
ECLI:EU:C:2021:177 |
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Rectification order of 6 October 2021
ECLI:EU:C:2021:835 |
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Judgment of the Court (Fourth Chamber) of 2 September 2021
ECLI:EU:C:2021:664 |
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Case C-579/19 The Queen, on the application of: Association of Independent Meat Suppliers and Cleveland Meat Company v Food Standards Agency
Reference for a preliminary ruling – Protection of health – Regulation (EC) No 854/2004 – Article 5(2) – Regulation (EC) No 882/2004 – Article 54(3) – Hygiene rules applicable to food of animal origin – Post-mortem inspection of the carcass and offal – Official veterinarian – Health marking – Refusal – Meat declared unfit for human consumption – Right of appeal against a decision of the official veterinarian – Effective judicial protection – Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
| Summary |
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Opinion of Advocate General Tanchev delivered on 11 February 2021
ECLI:EU:C:2021:118 |
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Judgment of the Court (Fourth Chamber) of 2 September 2021
ECLI:EU:C:2021:665 |
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Case C-647/19 P Ja zum Nürburgring v Commission
Appeal – State aid – Aid in favour of the Nürburgring complex (Germany) – Decision declaring the aid in part incompatible with the internal market – Sale of the assets of the beneficiaries of the State aid declared to be incompatible – Open, transparent, non-discriminatory and unconditional tender process – Decision declaring that the reimbursement of the incompatible aid did not concern the new owner of the Nürburgring complex and that the latter did not receive new aid for the acquisition of that complex – Admissibility – Status as an interested party – Person individually concerned – Infringement of the procedural rights of the interested parties – Difficulties requiring the initiation of a formal investigation procedure Justification Distortion of the evidence
Language of the case: German
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 29 April 2021
ECLI:EU:C:2021:347 |
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Judgment of the Court (Fourth Chamber) of 2 September 2021
ECLI:EU:C:2021:666 |
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Case C-665/19 P NeXovation v Commission
Appeal – State aid – Aid in favour of the Nürburgring complex (Germany) – Decision declaring the aid partly incompatible with the internal market – Sale of the assets of the beneficiaries of the State aid found to be incompatible – Open, transparent, non-discriminatory and unconditional tender process – Decision declaring that the reimbursement of incompatible aid did not concern the new owner of the Nürburgring complex and that the latter did not receive new aid for the acquisition of that complex – Admissibility – Status as an interested party – Person individually concerned – Infringement of the procedural rights of the interested parties – Difficulties requiring the initiation of a formal investigation procedure – Justification
Language of the case: English
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 29 April 2021
ECLI:EU:C:2021:348 |
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Judgment of the Court (Fourth Chamber) of 2 September 2021
ECLI:EU:C:2021:667 |
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Joined Cases C-721/19 and C-722/19 Sisal and Others v Agenzia delle Dogane e dei Monopoli and Ministero dell'Economia e delle Finanze
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Fifth Chamber) of 2 September 2021
ECLI:EU:C:2021:672 |
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Case C-741/19 Republic of Moldova v Komstroy
Reference for a preliminary ruling – Energy Charter Treaty – Article 26 – Inapplicability between Member States – Arbitration Award – Judicial review – Jurisdiction of a court of a Member State – Dispute between a third-State operator and a third State – Jurisdiction of the Court – Article 1(6) of the Energy Charter Treaty – Concept of ‘investment’
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
| Summary |
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Opinion of Advocate General Szpunar delivered on 3 March 2021
ECLI:EU:C:2021:164 |
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Judgment of the Court (Grand Chamber) of 2 September 2021
ECLI:EU:C:2021:655 |
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Case C-790/19 Parchetul de pe lângă Tribunalul Braşov v LG and MH (Self-laundering)
Reference for a preliminary ruling – Prevention of the use of the financial system for the purposes of money laundering and terrorist financing – Directive (EU) 2015/849 – Directive 2005/60/EC – Offence of money laundering – Laundering by the perpetrator of the predicate offence (‘self-laundering’)
Request for a preliminary ruling from the Curtea de Apel Braşov
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Hogan delivered on 14 January 2021
ECLI:EU:C:2021:15 |
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Judgment of the Court (Second Chamber) of 2 September 2021
ECLI:EU:C:2021:661 |
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Case C-836/19 Toropet v Landkreis Greiz
Reference for a preliminary ruling – Public health – Health rules concerning animal by-products not intended for human consumption – Regulation (EC) No 1069/2009 – Article 9(d) and Article 10(a) and (f) – Classification of products – Decomposition, spoilage and the presence of foreign bodies in the material – Effect on original classification
Request for a preliminary ruling from the Verwaltungsgericht Gera
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 20 May 2021
ECLI:EU:C:2021:415 |
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Judgment of the Court (Fourth Chamber) of 2 September 2021
ECLI:EU:C:2021:668 |
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Case C-854/19 Vodafone v Bundesrepublik Deutschland
Reference for a preliminary ruling – Electronic communications – Regulation (EU) 2015/2120 – Article 3 – Open internet access – Article 3(1) – End users’ rights – Article 3(2) – Prohibition of agreements and commercial practices limiting the exercise of end users’ rights – Article 3(3) – Obligation of equal and non-discriminatory treatment of traffic – Possibility of implementing reasonable traffic management measures – Additional ‘zero tariff’ option – ‘Zero tariff’ excluded in the case of roaming
Request for a preliminary ruling from the Verwaltungsgericht Köln
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 2 September 2021
ECLI:EU:C:2021:675 |
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Case C-928/19 P EPSU v Commission
Appeal – Law governing the institutions – Social policy – Articles 154 and 155 TFEU – Social dialogue between management and labour at EU level – Informing and consulting civil servants and employees of central government administrations of the Member States – Agreement concluded between the social partners – Joint request of the signatories to that agreement seeking its implementation at EU level – Refusal of the European Commission to submit a proposal for a decision to the Council of the European Union – Standard of judicial review – Obligation to state reasons for the decision refusing to submit the proposal
Language of the case: English
| Summary |
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Opinion of Advocate General Pikamäe delivered on 20 January 2021
ECLI:EU:C:2021:38 |
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Rectification order of 29 September 2021
ECLI:EU:C:2021:775 |
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Judgment of the Court (Grand Chamber) of 2 September 2021
ECLI:EU:C:2021:656 |
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Case C-930/19 X v Belgian State (Right of residence in the event of domestic violence)
Reference for a preliminary ruling – Directive 2004/38/EC – Article 13(2) – Right of residence of family members of a Union citizen – Marriage between a Union citizen and a third-country national – Retention, in the event of divorce, of the right of residence by a third-country national who is the victim of acts of domestic violence committed by his or her spouse – Requirement to demonstrate the existence of sufficient resources – No such requirement in Directive 2003/86/EC – Validity – Charter of Fundamental Rights of the European Union – Articles 20 and 21 – Equal treatment – Difference in treatment based on whether the sponsor is a Union citizen or a third-country national – Non-comparability of situations
Request for a preliminary ruling from the Conseil du Contentieux des Étrangers
Language of the case: French
| Summary |
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Opinion of Advocate General Szpunar delivered on 22 March 2021
ECLI:EU:C:2021:225 |
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Judgment of the Court (Grand Chamber) of 2 September 2021
ECLI:EU:C:2021:657 |
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Case C-932/19 JZ v OTP Jelzálogbank and Others
Reference for a preliminary ruling – Consumer protection – Unfair terms – Directive 93/13/EEC – Article 1(2) – Article 6(1) – Loan denominated in foreign currency – Difference between the exchange rate applicable when the loaned funds are released and when they are repaid – Member State legislation providing for the replacement of an unfair term by a provision of national law – Possibility for the national court to invalidate the entire agreement containing the unfair term – Possible consideration of the protection offered by that legislation and of the consumer’s wishes regarding its application
Request for a preliminary ruling from the Győri Ítélőtábla
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Sixth Chamber) of 2 September 2021
ECLI:EU:C:2021:673 |
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Case C-5/20 Bundesverband der Verbraucherzentralen und Verbraucherverbände v Vodafone
Reference for a preliminary ruling – Electronic communications – Regulation (EU) 2015/2120 – Article 3 – Open internet access – Article 3(1) – End users’ rights – Article 3(2) – Prohibition of agreements and commercial practices limiting the exercise of end users’ rights – Article 3(3) – Obligation of equal and non-discriminatory treatment of traffic – Possibility of implementing reasonable traffic management measures – Additional ‘zero tariff’ option – Limitation on tethering
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 2 September 2021
ECLI:EU:C:2021:676 |
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Case C-22/20 Commission v Sweden (Waste water treatment plants)
Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Articles 4, 5, 10 and 15 – Urban waste water treatment – Secondary or equivalent treatment of urban waste water from agglomerations of certain dimensions – More stringent treatment of discharges into sensitive areas – Article 4(3) TEU – Verification of data provided by the Member States – Obligation of sincere cooperation
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Kokott delivered on 25 March 2021
ECLI:EU:C:2021:250 |
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Judgment of the Court (Fourth Chamber) of 2 September 2021
ECLI:EU:C:2021:669 |
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Case C-34/20 Telekom Deutschland v Bundesrepublik Deutschland
Reference for a preliminary ruling – Electronic communications – Regulation (EU) 2015/2120 – Article 3 – Open internet access – Article 3(1) – End users’ rights – Article 3(2) – Prohibition of agreements and commercial practices limiting the exercise of end users’ rights – Article 3(3) – Obligation of equal and non-discriminatory treatment of traffic – Possibility of implementing reasonable traffic management measures – Additional ‘zero tariff’ option – Limitation on bandwidth
Request for a preliminary ruling from the Verwaltungsgericht Köln
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 2 September 2021
ECLI:EU:C:2021:677 |
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Case C-66/20 XK
Reference for a preliminary ruling – Article 267 TFEU – Definition of ‘court or tribunal of a Member State’ – Criteria – Procura della Repubblica di Trento (Public Prosecutor’s Office, Trento, Italy) – Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Procura della Repubblica di Trento
Language of the case: Italian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 11 March 2021
ECLI:EU:C:2021:200 |
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Judgment of the Court (Fourth Chamber) of 2 September 2021
ECLI:EU:C:2021:670 |
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Case C-180/20 Commission v Council (Agreement with Armenia)
Action for annulment – Decision (EU) 2020/245 and 2020/246 – Position to be taken on behalf of the European Union within the Partnership Council established by the Comprehensive and Enhanced Partnership Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Armenia, of the other part – Agreement some provisions of which may be linked with the Common Foreign and Security Policy (CFSP) – Adoption of the Rules of Procedure of the Partnership Council and those of the Partnership Committee, subcommittees and other bodies – Adoption of two separate decisions – Choice of legal basis – Article 37 TEU – Article 218(9) TFEU – Voting rules
Language of the case: English
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 17 June 2021
ECLI:EU:C:2021:495 |
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Judgment of the Court (Grand Chamber) of 2 September 2021
ECLI:EU:C:2021:658 |
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Case C-337/20 DM and LR v CRCAM
Reference for a preliminary ruling – Approximation of laws – Payment services in the internal market – Directive 2007/64/EC – Articles 58 and 60 – Payment service user – Notification of unauthorised payment transactions – Liability of the payment service provider for those transactions – Action for liability brought by the guarantor of a payment service user
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 8 July 2021
ECLI:EU:C:2021:564 |
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Judgment of the Court (Fourth Chamber) of 2 September 2021
ECLI:EU:C:2021:671 |
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Case C-350/20 O.D. and Others v INPS (Childbirth and maternity allowances for holders of single permits)
Reference for a preliminary ruling – Directive 2011/98/EU – Rights for third-country workers who hold single permits – Article 12 – Right to equal treatment – Social security – Regulation (EC) No 883/2004 – Coordination of social security systems – Article 3 – Maternity and paternity benefits – Family benefits – Legislation of a Member State excluding third-country nationals holding a single permit from entitlement to a childbirth allowance and a maternity allowance
Request for a preliminary ruling from the Corte costituzionale
Language of the case: Italian
| Summary |
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Judgment of the Court (Grand Chamber) of 2 September 2021
ECLI:EU:C:2021:659 |
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Case C-371/20 Peek & Cloppenburg v Peek & Cloppenburg
Reference for a preliminary ruling – Consumer protection – Directive 2005/29/EC – Unfair commercial practices – Commercial practices deemed to be unfair in all circumstances – Misleading commercial practices – First sentence of point 11 of Annex I – Advertising campaigns – Use of editorial content in the media to promote a product – Promotion financed by the trader itself – Concept of ‘payment’ – Promotion of sales of the products of the media operator company and of the trader – Advertorial
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 24 June 2021
ECLI:EU:C:2021:520 |
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Judgment of the Court (Sixth Chamber) of 2 September 2021
ECLI:EU:C:2021:674 |
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Case C-379/20 B v Udlændingenævnet
Reference for a preliminary ruling – EEC-Turkey Association Agreement – Decision No 1/80 – Article 13 – Standstill clause – New restriction – Family reunification of minor children of Turkish workers – Age condition – Requirement of compelling reasons in order to be granted family reunification – Overriding reason in the public interest – Successful integration – Proportionality
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
| Summary |
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Judgment of the Court (First Chamber) of 2 September 2021
ECLI:EU:C:2021:660 |
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Case C-502/20 TP v Institut des Experts en Automobiles
Reference for a preliminary ruling – Freedom of establishment – Freedom to provide services – Recognition of professional qualifications – Directive 2005/36/EC – Article 5(2) – Automotive expert established in one Member State who moves to the territory of the host Member State in order to pursue, on a temporary and occasional basis, his profession – Refusal of the professional body of the host Member State, in which he was previously established, to enter him in the register of temporary and occasional service providers – Concept of ‘temporary and occasional provision of services’
Request for a preliminary ruling from the Cour d'appel de Mons
Language of the case: French
| Summary |
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Judgment of the Court (Ninth Chamber) of 2 September 2021
ECLI:EU:C:2021:678 |
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Case C-927/19 Klaipėdos regiono atliekų tvarkymo centras
Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Article 58(3) and (4) – Article 60(3) and (4) – Annex XII – Conduct of procurement procedures – Selection of participants – Selection criteria – Methods of proof – Economic and financial standing of economic operators – Whether the leader of a temporary association of undertakings may rely on income received in relation to a previous public contract in the same area as the public contract at issue including where it did not itself exercise the activity which is the subject matter of the public contract at issue – Technical and professional ability of economic operators – Exhaustive nature of means of proof permitted by the directive – Article 57(4)(h), (6) and (7) – Award of public service contracts – Non-compulsory grounds for exclusion from participation in a procurement procedure – Inclusion on a list of economic operators excluded from procurement procedures – Joint liability of members of a temporary association of undertakings – Personal nature of the penalty – Article 21 – Protection of the confidentiality of information submitted to the contracting authority by an economic operator – Directive (EU) 2016/943 – Article 9 – Confidentiality – Protection of trade secrets – Applicability to procurement procedures – Directive 89/665/EEC – Article 1 – Right to an effective remedy
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 15 April 2021
ECLI:EU:C:2021:295 |
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Judgment of the Court (Grand Chamber) of 7 September 2021
ECLI:EU:C:2021:700 |
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Case C-546/18 FN and Others v Übernahmekommission
Reference for a preliminary ruling – Company law – Takeover bids – Directive 2004/25/EC – Article 5 – Mandatory bid – Article 4 – Supervisory authority – Final decision making a finding of infringement of the obligation to make a takeover bid – Binding effect of that decision in subsequent proceedings for an administrative sanction initiated by the same authority – EU law principle of effectiveness – General principles of EU law – Rights of the defence – Charter of Fundamental Rights of the European Union – Articles 47 and 48 – Right to silence – Presumption of innocence – Access to an independent and impartial tribunal
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 18 March 2021
ECLI:EU:C:2021:219 |
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Judgment of the Court (Fourth Chamber) of 9 September 2021
ECLI:EU:C:2021:711 |
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Case C-605/18 Adler Real Estate and Others v Finanzmarktaufsichtsbehörde
Reference for a preliminary ruling – Securities admitted to trading on a regulated market situated or operating within a Member State – Obligation of transparency – Notification of ‘major holdings’ in companies acquired by ‘persons acting in concert’ – Directive 2004/109/EC – Fourth subparagraph of Article 3(1a) – Concept of ‘more stringent’ requirements – Directive 2004/25/EC – ‘Supervision’ by an authority designated pursuant to Article 4 of that directive
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 18 March 2021
ECLI:EU:C:2021:220 |
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Judgment of the Court (Fourth Chamber) of 9 September 2021
ECLI:EU:C:2021:712 |
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Case C-107/19 XR v Dopravní podnik hl. m. Prahy
Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Organisation of working time – Concepts of ‘working time’ and ‘rest period’ – Break during which the employee must remain ready to respond to a call-out within a two-minute time limit – Primacy of EU law
Request for a preliminary ruling from the Obvodní soud pro Prahu 9
Language of the case: Czech
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 13 February 2020
ECLI:EU:C:2020:96 |
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Judgment of the Court (Tenth Chamber) of 9 September 2021
ECLI:EU:C:2021:722 |
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Case C-768/19 Bundesrepublik Deutschland v SE (Family member)
Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Directive 2011/95/EU – Third indent of Article 2(j) – Concept of ‘family member’ – Adult applying for international protection on the basis of his or her family relationship with a minor who has already been granted subsidiary protection – Relevant date for assessing ‘minor’ status
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Hogan delivered on 25 March 2021
ECLI:EU:C:2021:247 |
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Judgment of the Court (Third Chamber) of 9 September 2021
ECLI:EU:C:2021:709 |
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Case C-783/19 Comité Interprofessionnel du Vin de Champagne v GB
Reference for a preliminary ruling – Agriculture – Protection of designations of origin and geographical indications – Uniform and exhaustive nature – Regulation (EU) No 1308/2013 – Article 103(2)(a)(ii) – Article 103(2)(b) – Evocation – Protected designation of origin (PDO) ‘Champagne’ – Services – Comparability of products – Use of the trade name ‘Champanillo’
Request for a preliminary ruling from the Audiencia Provincial de Barcelona
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 29 April 2021
ECLI:EU:C:2021:350 |
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Judgment of the Court (Fifth Chamber) of 9 September 2021
ECLI:EU:C:2021:713 |
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Case C-855/19 G. v Dyrektor Izby Administracji Skarbowej w Bydgoszczy (Intra-Community acquisitions of diesel)
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 69 – Chargeability of VAT – Intra-Community acquisition of motor fuels – Obligation to make early payment of VAT – Article 206 – Concept of ‘interim payments’ – Article 273 – Correct collection of VAT and prevention of evasion – Discretion of the Member States
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Judgment of the Court (Fifth Chamber) of 9 September 2021
ECLI:EU:C:2021:714 |
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Case C-906/19 Criminal proceedings against FO (Extraterritorial penalties)
Reference for a preliminary ruling – Road transport – Harmonisation of certain social legislation – Regulation (EC) No 561/2006 – Article 3(a) – Non-application of the regulation to carriage by road by vehicles used for the carriage of passengers on regular services where the route covered by the service in question does not exceed 50 km – Mixed-use vehicle – Article 19(2) – Extraterritorial penalty – Infringement detected on the territory of a Member State committed on the territory of another Member State – Principle that offences and penalties must have a proper legal basis – Regulation (EEC) No 3821/85 – Recording equipment in road transport – Article 15(2) – Obligation to insert the driver card – Article 15(7) – Obligation to produce the driver card whenever an authorising inspecting officer so requests – Failure to insert the driver card into the recording equipment affecting several of the 28 days preceding the day of inspection
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Opinion of Advocate General Bobek delivered on 4 March 2021
ECLI:EU:C:2021:178 |
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Judgment of the Court (Fifth Chamber) of 9 September 2021
ECLI:EU:C:2021:715 |
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Case C-18/20 XY
Reference for a preliminary ruling – Border controls, asylum and immigration – Asylum policy – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 40 – Subsequent application – New elements or findings – Concept – Circumstances which already existed before a procedure relating to a previous application for international protection was definitively concluded – Principle of res judicata – Fault on the part of the applicant
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 15 April 2021
ECLI:EU:C:2021:302 |
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Judgment of the Court (Third Chamber) of 9 September 2021
ECLI:EU:C:2021:710 |
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Joined Cases C-33/20, C-155/20 and C-187/20 UK and Others v Volkswagen Bank and Others
Reference for a preliminary ruling – Consumer protection – Directive 2008/48/EC – Consumer credit – Article 10(2) – Information which must be included in the agreement – Obligation to specify the type of credit, the duration of the credit agreement, the rate of late-payment interest and the arrangements for adjusting the rate of late-payment interest applicable at the time of conclusion of the credit agreement – Change in the rate of late-payment interest in step with a change in the base rate set by the central bank of a Member State – Compensation payable in the event of early repayment – Obligation to specify the method used to calculate the change in the rate of late-payment interest and the compensation payable – No obligation to state the options for terminating the credit agreement provided for in national legislation but not provided for in Directive 2008/48 – Article 14(1) – Right of withdrawal exercised by the consumer for failure to include mandatory information under Article 10(2) – Exercised out of time – Creditor precluded from relying on a time bar or abuse of rights
Requests for a preliminary ruling from the Landgericht Ravensburg
Language of the case: German
| Summary |
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Opinion of Advocate General Hogan delivered on 15 July 2021
ECLI:EU:C:2021:629 |
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Judgment of the Court (Sixth Chamber) of 9 September 2021
ECLI:EU:C:2021:736 |
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Case C-100/20 REC XY v Hauptzollamt B (Optional tax reduction)
Reference for a preliminary ruling – Taxation – Taxation of energy products and electricity – Directive 2003/96/EC – Article 17(1)(a) – Tax reductions on the consumption of energy products and electricity in favour of energy-intensive businesses – Optional reduction – Arrangements governing the repayment of tax levied in breach of provisions of national law adopted on the basis of a power granted to the Member States in that directive – Payment of interest – Principle of equal treatment
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 12 May 2021
ECLI:EU:C:2021:387 |
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Judgment of the Court (Fifth Chamber) of 9 September 2021
ECLI:EU:C:2021:716 |
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Case C-144/20 LatRailNet and Latvijas dzelzceļš v Valsts dzelzceļa administrācija
Request for a preliminary ruling from the Administratīvā rajona tiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 25 March 2021
ECLI:EU:C:2021:251 |
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Judgment of the Court (Fifth Chamber) of 9 September 2021
ECLI:EU:C:2021:717 |
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Joined Cases C-208/20 and C-256/20 Toplofikatsia Sofia and Others
Reference for a preliminary ruling – Article 20(2)(a) TFEU – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Regulation (EC) No 1206/2001 – Cooperation between the courts of the Member States in the taking of evidence in civil and commercial matters – Article 1(1)(a) – Regulation (EU) No 1215/2012 – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Article 5(1) – Outstanding debts – Legal decisions – Orders for payment – Service – Debtor residing at an unknown address in a Member State other than that of the court seised
Requests for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Sixth Chamber) of 9 September 2021
ECLI:EU:C:2021:719 |
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Case C-277/20 Proceedings brought by UM (Contract transferring ownership mortis causa)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Succession – Regulation (EU) No 650/2012 – Article 3(1)(b) – Concept of ‘agreement as to succession’ – Scope – Contract transferring ownership mortis causa – Article 83(2) – Choice of applicable law – Transitional provisions
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 1 July 2021
ECLI:EU:C:2021:531 |
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Judgment of the Court (First Chamber) of 9 September 2021
ECLI:EU:C:2021:708 |
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Case C-294/20 GE Auto Service Leasing v Tribunal Económico Administrativo Central
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
| Summary |
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Judgment of the Court (Tenth Chamber) of 9 September 2021
ECLI:EU:C:2021:723 |
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Case C-406/20 Phantasialand v Finanzamt Brühl
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 98 – Option for the Member States to apply a reduced rate of VAT to certain supplies of goods and services – Annex III, point 7 – Admission to amusement parks and fairs – Principle of fiscal neutrality – Services provided through activities carried on as static or mobile fairground entertainers – Similarity – Context – Point of view of the average consumer – Expert opinion
Request for a preliminary ruling from the Finanzgericht Köln
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 9 September 2021
ECLI:EU:C:2021:720 |
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Case C-422/20 RK v CR (Declining of jurisdiction)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Succession – Regulation (EU) No 650/2012 – Article 6(a) – Declining of jurisdiction – Article 7(a) – Jurisdiction – Examination by the court second seised – Article 22 – Choice of law applicable – Article 39 – Mutual recognition – Article 83(4) – Transitional provisions
Request for a preliminary ruling from the Oberlandesgericht Köln
Language of the case: German
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Judgment of the Court (Sixth Chamber) of 9 September 2021
ECLI:EU:C:2021:718 |
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Case C-449/20 Real Vida Seguros v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Taxation – Article 63 TFEU – Free movement of capital – Income tax – Dividends attached to listed shares – Tax advantage reserved for dividends attached to shares listed on the national stock exchange – Difference in treatment – Objective distinguishing criterion – Restriction – Article 65 TFEU – Objectively comparable situations – Justification – Objective of a purely economic nature
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Seventh Chamber) of 9 September 2021
ECLI:EU:C:2021:721 |
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Case C-337/19 P Commission v Belgium and Magnetrol International
Appeal – State aid – Aid scheme implemented by the Kingdom of Belgium – Excess profit exemption – Tax ruling – Consistent administrative practice – Regulation (EU) 2015/1589 – Article 1(d) – Concept of ‘aid scheme’ – Concept of ‘act’ – Concept of ‘further implementing measures’ – ‘General and abstract’ definition of beneficiaries – Cross-appeal – Admissibility – Fiscal autonomy of the Member States
Language of the case: English
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Judgment of the Court (Fourth Chamber) of 16 September 2021
ECLI:EU:C:2021:741 |
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Case C-410/19 The Software Incubator v Computer Associates
Reference for a preliminary ruling – Self-employed commercial agents – Directive 86/653/EC – Article 1(2) – Definition of ‘commercial agent’ – Supply of computer software to customers by electronic means – Grant of a perpetual licence for use – Concepts of ‘sale’ and ‘goods’
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
| Summary |
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Opinion of Advocate General Tanchev delivered on 17 December 2020
ECLI:EU:C:2020:1061 |
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Judgment of the Court (Fourth Chamber) of 16 September 2021
ECLI:EU:C:2021:742 |
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Case C-21/20 Balgarska natsionalna televizia v Direktor na Direktsia 'Obzhalvane i danachno-osiguritelna praktika' – Sofia pri Tsentralno upravlenie na NAP
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Scope – Article 2(1)(c) – Supply of services for consideration – Exclusion of audiovisual media services offered to viewers, that are financed by a public subsidy and do not entail any payment on the part of viewers – Article 168 – Right of deduction – Taxable person carrying out both taxable transactions and transactions not falling within the scope of VAT
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Szpunar delivered on 25 March 2021
ECLI:EU:C:2021:248 |
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Judgment of the Court (Fourth Chamber) of 16 September 2021
ECLI:EU:C:2021:743 |
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Joined Cases C-6/21 P and C-16/21 P Germany and Estonia v Pharma Mar and European Commission
Appeal – Intervention – Article 40 of the Statute of the Court of Justice of the European Union – Application by an agency of the European Union – Standing to intervene in a case between Member States and institutions of the Union – Interest in the result of the case – Allowed
Language of the case: English
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 12 January 2023
ECLI:EU:C:2023:8 |
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Order of the President of the Court of 17 September 2021
ECLI:EU:C:2021:756 |
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Case C-144/21 Parliament v Commission
Intervention – Article 40 of the Statute of the Court of Justice of the European Union – Application by an agency of the European Union – Standing to intervene in a case between institutions of the Union – Interest in the result of the case – Allowed
Language of the case: English
| Summary |
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Order of the President of the Court of 17 September 2021
ECLI:EU:C:2021:757 |
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Case C-121/21 R Czech Republic v Poland
Application for interim measures – Article 279 TFEU – Environment – Lignite mining activities at an open-cast mine – Turów lignite mine (Poland) – Non-execution – No change in circumstances – Periodic penalty payment
Language of the case: Polish
| Summary |
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Order of the Vice-President of the Court of 20 September 2021
ECLI:EU:C:2021:752 |
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Case C-30/21 Nemzeti Útdíjfizetési Szolgáltató v NW
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Article 1(1) – Substantive scope – Concept of ‘civil and commercial matters’ – Proceedings seeking to recover a charge relating to the use of a toll road
Request for a preliminary ruling from the Amtsgericht Lennestadt
Language of the case: German
| Summary |
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Order of the Court (Sixth Chamber) of 21 September 2021
ECLI:EU:C:2021:753 |
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Case C-130/19 Court of Auditors v Pinxten
Article 286(6) TFEU – Breach of obligations arising from the office of Member of the European Court of Auditors – Deprivation of the right to a pension – Right to effective judicial protection – Regularity of the investigation by the European Anti-Fraud Office (OLAF) – Internal procedure at the Court of Auditors – Activity incompatible with the duties of a Member of the Court of Auditors – Mission expenses and daily allowances – Representation and hospitality expenses – Use of official car – Use of a driver – Conflict of interest – Proportionality of the penalty
Language of the case: French
| Summary |
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Opinion of Advocate General Hogan delivered on 17 December 2020
ECLI:EU:C:2020:1052 |
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Judgment of the Court (Full Court) of 30 September 2021
ECLI:EU:C:2021:782 |
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Case C-186/20 HYDINA SK v Finančné riaditeľstvo Slovenskej republiky
Reference for a preliminary ruling – Administrative cooperation and combating fraud in the field of value added tax (VAT) – Regulation (EU) No 904/2010 – Articles 10 to 12 – Exchange of information – Tax audit – Time limits – Suspension of the tax audit in case of exchange of information – Non-compliance with the time limits laid down for providing information – Effect on the lawfulness of the suspension of the tax audit
Request for a preliminary ruling from the Najvyšší súd Slovenskej republiky
Language of the case: Slovak
| Summary |
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Judgment of the Court (Tenth Chamber) of 30 September 2021
ECLI:EU:C:2021:786 |
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Case C-285/20 K v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen
Reference for a preliminary ruling – Regulation (EC) No 883/2004 – Article 65(2) and (5) – Scope – Wholly unemployed worker – Unemployment benefits – Worker who resides and pursues an activity as an employed person in the competent Member State – Transfer of his or her residence to another Member State – Person not actually pursuing an activity as an employed person in the competent Member State before becoming wholly unemployed – Person on sick leave and receiving, on that basis, sickness benefits paid by the competent Member State – Pursuit of an activity as an employed person – Comparable legal situations
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
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Judgment of the Court (Eighth Chamber) of 30 September 2021
ECLI:EU:C:2021:785 |
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Case C-296/20 Commerzbank v E.O.
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments – Civil and commercial matters – Lugano II Convention – Article 15(1)(c) – Jurisdiction over consumer contracts – Transfer of the consumer’s domicile to another State bound by the convention
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 9 September 2021
ECLI:EU:C:2021:733 |
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Judgment of the Court (Sixth Chamber) of 30 September 2021
ECLI:EU:C:2021:784 |
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Case C-299/20 Icade Promotion v Ministère de l'Action et des Comptes Publiques
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 392 – Margin taxation scheme – Scope – Supply of buildings and building land purchased for resale – Taxable person for whom the VAT on the purchase of buildings was not deductible – Resale subject to VAT – Concept of ‘building land’
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Opinion of Advocate General Rantos delivered on 20 May 2021
ECLI:EU:C:2021:413 |
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Judgment of the Court (First Chamber) of 30 September 2021
ECLI:EU:C:2021:783 |
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Information (on unpublished decisions)
Case C-131/21 Criminal proceedings against KI
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Charter of Fundamental Rights of the European Union – Ne bis in idem principle – Duplication of penalties – Nature of a penalty imposed by the police – Implementation of national law – No connection to EU law – Clear lack of jurisdiction of the Court
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Order of the Court (Ninth Chamber) of 1 September 2021 ECLI:EU:C:2021:695 |
Case C-171/21 P Likvidacijska masa iza Mesoprodukt and Čuljak v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for annulment and for damages – Complaint lodged with the European Commission seeking a declaration that EU law has been infringed by the Republic of Croatia – Alleged non-compliance of national law with Directive 68/151/EEC – Failure to initiate infringement proceedings – Application for legal aid – Appeal manifestly unfounded
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Order of the Court (Ninth Chamber) of 1 September 2021 ECLI:EU:C:2021:696 |
Case C-236/21 P sprd.net v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 1 September 2021 ECLI:EU:C:2021:693 |
Case C-169/20 Commission v Portugal (Vehicle tax)
Failure of a Member State to fulfil obligations – Article 110 TFEU – Internal taxation – Discriminatory taxation – Prohibition – Second-hand vehicles imported from other Member States – Component of the registration tax calculated on the basis of carbon dioxide emissions – Failure to take into account the depreciation of the vehicle
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Judgment of the Court (Ninth Chamber) of 2 September 2021 ECLI:EU:C:2021:679 |
Case C-173/19 P Scandlines Danmark and Scandlines Deutschland v Commission
Appeal – Article 181 of the Rules of Procedure of the Court – Action for annulment – State aid – Public financing of the Fehmarn Belt fixed rail-road link – Individual aid – Act not open to challenge – Purely confirmatory measure – Preparatory measure
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Order of the Court (First Chamber) of 3 September 2021 ECLI:EU:C:2021:699 |
Case C-706/20 Amoena v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Common Customs Tariff – Tariff classification – Combined Nomenclature – Headings 6212 and 9021 – Mastectomy bras – Implementing Regulation (EU) 2017/1167 – Notion of ‘accessories’ – Interpretation of the judgment of 19 December 2019, Amoena (C‑677/18, EU:C:2019:1142)
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Order of the Court (Tenth Chamber) of 3 September 2021 ECLI:EU:C:2021:698 |
Case C-176/21 P Löning v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Appeal manifestly unfounded – Tobacco and related products – Rules on packaging and labelling – Cigarette butts – Alleged failure to adopt stricter rules – Damage allegedly caused to the health of the applicant
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Order of the Court (Ninth Chamber) of 3 September 2021 ECLI:EU:C:2021:697 |
Case C-417/21 P repowermap.org v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 8 September 2021 ECLI:EU:C:2021:739 |
Case C-850/19 P FVE Holýšov I and Others v Commission
Appeal – State aid – Renewable energy support scheme – Decision declaring the aid scheme compatible with the internal market – Action for annulment
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Judgment of the Court (First Chamber) of 16 September 2021 ECLI:EU:C:2021:740 |
Case C-341/20 Commission v Italy (Excise duty – Fuel for pleasure craft)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive 2003/96/EC – Taxation of energy products and electricity – Article 14(1)(c) – Exemption of energy products used as fuel for the purposes of navigation within EU waters – Exemption granted only to private pleasure craft which are the subject of a charter agreement
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Judgment of the Court (Eighth Chamber) of 16 September 2021 ECLI:EU:C:2021:744 |
Case C-369/21 P Apologistics v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court of 22 September 2021 ECLI:EU:C:2021:788 |
Case C-23/21 IO v Wallonische Region (Registration of a vehicle belonging to an undertaking without legal personality)
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Order of the Court (Sixth Chamber) of 23 September 2021 ECLI:EU:C:2021:770 |
Case C-540/20 P FL Brüterei M-V v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for damages and for annulment – Organic farming – Livestock production – Exceptional production rules applicable in case of non-availability of organic farm inputs – Use of non-organic animals – Extension of the period of application of the exceptional production rules – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Sixth Chamber) of 24 September 2021 ECLI:EU:C:2021:771 |
Case C-309/21 P Graanhandel P. van Schelven v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Agricultural policy – Organic products imported into the European Union – Withdrawal of the recognition of the control body – Action for annulment – Admissibility – Directly concerned person – Appeal manifestly unfounded
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Order of the Court (Ninth Chamber) of 28 September 2021 ECLI:EU:C:2021:773 |
Case C-225/21 P Segura del Oro Pulido v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Actions for failure to act – Failure of the Commission to initiate infringement proceedings – Dismissal of the action as manifestly inadmissible – Appeal manifestly unfounded
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Order of the Court (Ninth Chamber) of 29 September 2021 ECLI:EU:C:2021:787 |
Case C-27/21 P González Calvet v SRB
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Economic and monetary policy – Single resolution mechanisms for credit institutions and certain investment firms – Resolution procedure applicable where an entity is failing or is likely to fail – Decision refusing to grant financial compensation to the shareholders and creditors concerned – Content of the application – Lack of pleas in law and arguments – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Eighth Chamber) of 30 September 2021 ECLI:EU:C:2021:789 |
October 2021
Case Avis 1/19 Istanbul Convention
Opinion pursuant to Article 218(11) TFEU – Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) – Signature by the European Union – Draft conclusion by the European Union – Concept of an ‘agreement envisaged’, within the meaning of Article 218(11) TFEU – External competences of the European Union – Substantive legal basis – Article 78(2) TFEU – Article 82(2) TFEU – Article 83(1) TFEU – Article 84 TFEU – Article 336 TFEU – Articles 1 to 4a of Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice – Partial participation of Ireland in the conclusion of the Istanbul Convention by the European Union – Possibility of splitting the act concluding an international agreement into two separate decisions according to the applicable legal bases – Practice of ‘common accord’ – Compatibility with the TEU and the TFEU
Language of the case: French
| Summary |
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Opinion of Advocate General Hogan delivered on 11 March 2021
ECLI:EU:C:2021:198 |
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Opinion of the Court (Grand Chamber) of 6 October 2021
ECLI:EU:C:2021:832 |
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Case C-50/19 P Sigma Alimentos Exterior v Commission
Appeal – State aid – Article 107(1) TFEU – Tax system – Corporate tax provisions allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident outside that Member State – Concept of ‘State aid’ – Condition relating to selectivity – Reference system – Derogation – Difference in treatment – Justification for the difference in treatment
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 21 January 2021
ECLI:EU:C:2021:49 |
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Judgment of the Court (Grand Chamber) of 6 October 2021
ECLI:EU:C:2021:792 |
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Joined Cases C-51/19 P and C-64/19 P World Duty Free Group and Spain v Commission
Appeal – State aid – Article 107(1) TFEU – Tax system – Corporate tax provisions allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident outside that Member State – Concept of ‘State aid’ – Condition relating to selectivity – Reference system – Derogation – Difference in treatment – Justification for the difference in treatment
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 21 January 2021
ECLI:EU:C:2021:51 |
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Judgment of the Court (Grand Chamber) of 6 October 2021
ECLI:EU:C:2021:793 |
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Case C-52/19 P Banco Santander v Commission
Appeal – State aid – Article 107(1) TFEU – Tax system – Corporate tax provisions allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident outside that Member State – Concept of ‘State aid’ – Condition relating to selectivity – Reference system – Derogation – Difference in treatment – Justification for the difference in treatment
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 21 January 2021
ECLI:EU:C:2021:53 |
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Judgment of the Court (Grand Chamber) of 6 October 2021
ECLI:EU:C:2021:794 |
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Joined Cases C-53/19 P and C-65/19 P Banco Santander and Others v Commission
Appeal – State aid – Article 107(1) TFEU – Tax system – Corporate tax provisions allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident outside that Member State – Concept of ‘State aid’ – Condition relating to selectivity – Reference system – Derogation – Difference in treatment – Justification for the difference in treatment
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 21 January 2021
ECLI:EU:C:2021:54 |
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Judgment of the Court (Grand Chamber) of 6 October 2021
ECLI:EU:C:2021:795 |
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Case C-54/19 P Axa Mediterranean v Commission
Appeal – State aid – Article 107(1) TFEU – Tax system – Corporate tax provisions allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident outside that Member State – Concept of ‘State aid’ – Condition relating to selectivity – Reference system – Derogation – Difference in treatment – Justification for the difference in treatment
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 21 January 2021
ECLI:EU:C:2021:56 |
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Judgment of the Court (Grand Chamber) of 6 October 2021
ECLI:EU:C:2021:796 |
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Case C-55/19 P Prosegur Compañía de Seguridad v Commission
Appeal – State aid – Article 107(1) TFEU – Tax system – Corporate tax provisions allowing undertakings which are tax resident in Spain to amortise the goodwill resulting from the acquisition of shareholdings in companies which are tax resident outside that Member State – Concept of ‘State aid’ – Condition relating to selectivity – Reference system – Derogation – Difference in treatment – Justification for the difference in treatment
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 21 January 2021
ECLI:EU:C:2021:57 |
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Judgment of the Court (Grand Chamber) of 6 October 2021
ECLI:EU:C:2021:797 |
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Joined Cases C-174/19 P and C-175/19 P Scandlines Danmark and Scandlines Deutschland v Commission
Appeal – Action for annulment – State aid – Public financing of the Fehmarn Belt fixed rail-road link – Individual aid – Notified aid declared compatible with the internal market – Execution of an important project of common European interest – Decision not to raise any objections – Monopoly – Distortion of competition and effect on trade
Language of the case: English
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 11 March 2021
ECLI:EU:C:2021:199 |
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Judgment of the Court (First Chamber) of 6 October 2021
ECLI:EU:C:2021:801 |
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Case C-458/19 P ClientEarth v Commission
Appeal – Action for annulment – Commission Implementing Decision C(2016) 3549 final – Authorisation for uses of bis(2-ethylhexyl) phthalate (DEHP) – Regulation (EC) No 1907/2006 – Articles 60 and 62 – Regulation (EC) No 1367/2006 – Request for internal review – Commission Decision C(2016) 8454 final – Rejection of the request
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 25 February 2021
ECLI:EU:C:2021:145 |
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Judgment of the Court (First Chamber) of 6 October 2021
ECLI:EU:C:2021:802 |
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Case C-487/19 Proceedings brought by W.Ż. (Chamber of Extraordinary Control and Public Affairs of the Supreme Court – Appointment)
Reference for a preliminary ruling – Rule of law – Effective legal protection in the fields covered by EU law – Second subparagraph of Article 19(1) TEU – Principles of the irremovability of judges and judicial independence – Transfer without consent of a judge of an ordinary court – Action – Order of inadmissibility made by a judge of the Sąd Najwyższy (Izba Kontroli Nadzwyczajnej i Spraw Publicznych) (Supreme Court (Chamber of Extraordinary Control and Public Affairs), Poland) – Judge appointed by the President of the Republic of Poland on the basis of a resolution of the National Council of the Judiciary, despite a court decision ordering that the effects of that resolution be suspended pending a preliminary ruling of the Court – Judge not constituting an independent and impartial tribunal previously established by law – Primacy of EU law – Possibility of finding such an order of inadmissibility to be null and void
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
| Summary |
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Opinion of Advocate General Tanchev delivered on 15 April 2021
ECLI:EU:C:2021:289 |
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Judgment of the Court (Grand Chamber) of 6 October 2021
ECLI:EU:C:2021:798 |
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Case C-538/19 TS and Others v Casa Naţională de Asigurări de Sănătate and Casa de Asigurări de Sănătate Constanţa
Reference for a preliminary ruling – Social security – Health insurance – Regulation (EC) No 883/2004 – Article 20(1) and (2) – Medical treatment received in a Member State other than the insured person’s Member State of residence – Prior authorisation – Conditions – Requirement for a report by a doctor in the national public health insurance system prescribing a treatment – Recommendation, by way of a second medical opinion, in a Member State other than the insured person’s Member State of residence, of an alternative treatment having the advantage of not creating a disability – Full reimbursement of the medical expenses relating to the alternative treatment – Freedom to provide services – Article 56 TFEU
Request for a preliminary ruling from the Curtea de Apel Constanţa
Language of the case: Romanian
| Summary |
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Judgment of the Court (Fourth Chamber) of 6 October 2021
ECLI:EU:C:2021:809 |
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Case C-544/19 ECOTEX BULGARIA v Teritorialna direktsia na Natsionalnata agentsia za prihodite
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Directive (EU) 2015/849 – Scope – National legislation requiring payments exceeding a certain amount to be made only by transfer or deposit into a payment account – Article 65 TFEU – Justification – Combating tax evasion and tax avoidance – Proportionality – Administrative penalties of a criminal nature – Article 49 of the Charter of Fundamental Rights of the European Union – Principles of legality and proportionality of criminal offences and penalties
Request for a preliminary ruling from the Administrativen sad - Blagoevgrad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 18 November 2020
ECLI:EU:C:2020:931 |
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Judgment of the Court (First Chamber) of 6 October 2021
ECLI:EU:C:2021:803 |
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Case C-561/19 Consorzio Italian Management and Catania Multiservizi v Rete Ferroviaria Italiana
Reference for a preliminary ruling – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Exceptions to that obligation – Criteria – Question on the interpretation of EU law raised by the parties to the national proceedings after the Court has given a preliminary ruling in those proceedings – Failure to state the reasons justifying the need for an answer to the questions referred for a preliminary ruling – Partial inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Bobek delivered on 15 April 2021
ECLI:EU:C:2021:291 |
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Judgment of the Court (Grand Chamber) of 6 October 2021
ECLI:EU:C:2021:799 |
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Case C-598/19 Conacee v Diputación Foral de Guipúzcoa and Feacem
Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Article 20 – Reserved contracts – National legislation reserving the right to participate in certain public procurement procedures to Social initiative special employment centres – Additional conditions not provided for by the directive – Principles of equal treatment and proportionality
Request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Tanchev delivered on 29 April 2021
ECLI:EU:C:2021:349 |
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Judgment of the Court (Fifth Chamber) of 6 October 2021
ECLI:EU:C:2021:810 |
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Case C-717/19 Boehringer Ingelheim v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 90(1) – Reduction of the taxable amount where the price was reduced after the supply took place – Payment made by a pharmaceutical company to the State health insurance agency – Article 273 – Administrative obligations imposed by national legislation for the exercise of the right to reduction – Principles of fiscal neutrality and proportionality
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Seventh Chamber) of 6 October 2021
ECLI:EU:C:2021:818 |
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Case C-882/19 Sumal v Mercedes Benz Trucks España
Reference for a preliminary ruling – Competition – Compensation for harm caused by a practice prohibited under Article 101(1) TFEU – Determination of the undertakings liable to provide compensation – Action for compensation directed against the subsidiary of a parent company and brought following a decision finding only that the parent company participated in a cartel – Concept of an ‘undertaking’ – Concept of ‘economic unit’
Request for a preliminary ruling from the Audiencia Provincial de Barcelona
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 15 April 2021
ECLI:EU:C:2021:293 |
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Judgment of the Court (Grand Chamber) of 6 October 2021
ECLI:EU:C:2021:800 |
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Case C-13/20 Top System v Belgian State
Reference for a preliminary ruling – Copyright and related rights – Legal protection of computer programs – Directive 91/250/EEC – Article 5 – Exceptions to the restricted acts – Acts necessary to enable the lawful purchaser to correct errors – Concept – Article 6 – Decompilation – Conditions
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
| Summary |
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Opinion of Advocate General Szpunar delivered on 10 March 2021
ECLI:EU:C:2021:193 |
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Judgment of the Court (Fifth Chamber) of 6 October 2021
ECLI:EU:C:2021:811 |
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Case C-35/20 Criminal proceedings against A (Crossing of borders in a pleasure boat)
Reference for a preliminary ruling – Citizenship of the Union – Right of Union citizens to move freely within the territory of the Member States – Article 21 TFEU – Directive 2004/38/EC – Articles 4 and 5 – Obligation to carry an identity card or a passport – Regulation (EC) No 562/2006 (Schengen Borders Code) – Annex VI – Crossing the maritime border of a Member State on board a pleasure boat – Rules on sanctions applicable when travelling between Member States without an identity card or a passport – Rules on daily fines in criminal cases – Calculation of the fine based on the offender’s average monthly income – Proportionality – Severity of the sanction in relation to the offence
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Szpunar delivered on 3 June 2021
ECLI:EU:C:2021:456 |
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Judgment of the Court (Fifth Chamber) of 6 October 2021
ECLI:EU:C:2021:813 |
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Case C-119/20 Šenfelde v Lauku atbalsta dienests (Business start-up aid in agriculture)
Reference for a preliminary ruling – Common agricultural policy – European Agricultural Fund for Rural Development (EAFRD) funding – National Rural Development Programme 2014-2020 – Regulation (EU) No 1305/2013 – Article 19(1)(a) – Business start-up aid for young farmers – Aid for the development of small farms – Cumulation of aid – Possibility to refuse the cumulation
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Kokott delivered on 3 June 2021
ECLI:EU:C:2021:458 |
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Judgment of the Court (Sixth Chamber) of 6 October 2021
ECLI:EU:C:2021:817 |
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Case C-136/20 LU (Recovery of road traffic fines)
Reference for a preliminary ruling – Area of freedom, security and justice – Framework Decision 2005/214/JHA – Execution of financial penalties – Principle of mutual recognition – Article 5(1) – Offences giving rise to recognition and enforcement of decisions imposing penalties without verification of the double criminality of the act – Article 5(3) – Offences for which the Member State may make the recognition and enforcement of decisions imposing penalties subject to the double criminality of the act – Verification by the executing Member State of the legal classification assigned to the offence by the issuing Member State in the certificate accompanying the decision imposing the penalty
Request for a preliminary ruling from the Zalaegerszegi Járásbíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 20 May 2021
ECLI:EU:C:2021:412 |
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Judgment of the Court (First Chamber) of 6 October 2021
ECLI:EU:C:2021:804 |
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Case C-272/20 P Veit v ECB
Appeal – Civil service – European Central Bank (ECB) staff members – Remuneration – Competitions – Equality of treatment between internal and external candidates – Classification in step
Language of the case: German
| Summary |
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Judgment of the Court (Fifth Chamber) of 6 October 2021
ECLI:EU:C:2021:814 |
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Case C-338/20 D.P.
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Mutual recognition – Financial penalties – Framework Decision 2005/214/JHA – Grounds for non-recognition and non-execution – Article 20(3) – Decision imposing a financial penalty – Observance of the rights of the defence – Notification of documents in a language not understood by the sentenced person – Translation of the essential elements of the decision
Request for a preliminary ruling from the Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi
Language of the case: Polish
| Summary |
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Opinion of Advocate General Bobek delivered on 2 September 2021
ECLI:EU:C:2021:683 |
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Judgment of the Court (First Chamber) of 6 October 2021
ECLI:EU:C:2021:805 |
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Case C-408/20 P Poggiolini v Parliament
Appeal – Institutional law – Single statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Modification of pension entitlements – Act adversely affecting an official – Provisional position – Independent legal effects
Language of the case: Italian
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 15 July 2021
ECLI:EU:C:2021:622 |
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Judgment of the Court (First Chamber) of 6 October 2021
ECLI:EU:C:2021:806 |
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Case C-431/20 P Tognoli and Others v Parliament
Appeal – Institutional law – Single statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Modification of pension entitlements – Act adversely affecting an official – Provisional position – Independent legal effects
Language of the case: Italian
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 15 July 2021
ECLI:EU:C:2021:623 |
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Judgment of the Court (First Chamber) of 6 October 2021
ECLI:EU:C:2021:807 |
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Case C-581/20 Skarb Państwa Rzeczypospolitej Polskiej reprezentowany przez Generalnego Dyrektora Dróg Krajowych i Autostrad v TOTO and Vianini Lavori
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Article 1(1) – Civil and commercial matters – Article 35 – Provisional, including protective, measures – Action based on a contract for the construction of a public expressway, concluded between a public authority and two private law companies – Application for interim relief relating to penalties and guarantees arising from that contract – Decision on interim relief already given by a court having jurisdiction as to the substance
Request for a preliminary ruling from the Varhoven kasatsionen sad (Bulgarie)
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Rantos delivered on 9 September 2021
ECLI:EU:C:2021:726 |
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Judgment of the Court (First Chamber) of 6 October 2021
ECLI:EU:C:2021:808 |
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Case C-613/20 CS v Eurowings
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(3) – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Exemption from the obligation to pay compensation – Concept of ‘extraordinary circumstances’ – Strike by airline staff – Strike by the staff of a subsidiary in solidarity with the staff of the parent company
Request for a preliminary ruling from the Landesgericht Salzburg
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber) of 6 October 2021
ECLI:EU:C:2021:820 |
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Case C-204/21 R Poland v Commission
Interim relief – Order on interim measures – Article 163 of the Rules of Procedure of the Court of Justice – Change in circumstances – No such change – Jurisdiction of the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland) – Disciplinary regime applicable to the judges of the Sąd Najwyższy (Supreme Court), of the ordinary courts and of the administrative courts – Procedure for review of the conditions for the independence of those judges – Suspension of application of national provisions
Language of the case: Polish
| Summary |
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Order of the Vice-President of the Court of 6 October 2021
ECLI:EU:C:2021:834 |
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Case C-186/18 José Cánovas Pardo v Club de Variedades Vegetales Protegidas
Reference for a preliminary ruling – Community plant variety rights – Regulation (EC) No 2100/94 – Article 96 – Calculation of the period of prescription for claims pursuant to Articles 94 and 95 – Point from which time starts to run – Date of grant of Community rights and of knowledge of the act and of the identity of the party liable – Date on which the course of action in question ceased – Repeated acts – Continuous acts – Restricted to acts carried out more than three years ago
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 22 April 2021
ECLI:EU:C:2021:327 |
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Judgment of the Court (Seventh Chamber) of 14 October 2021
ECLI:EU:C:2021:849 |
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Case C-583/19 P Bernaldo de Quirós v Commission
Appeal – Civil service – Disciplinary procedure – Staff Regulations of Officials of the European Union – Article 3 of Annex IX – Commission Decision C(2004) 1588 laying down general implementing provisions on the conduct of administrative inquiries and disciplinary procedures – Article 4(4) – Administrative investigation – Hearing of the official concerned – Authorisation given to the Investigation and Disciplinary Office of the Commission (IDOC) to conduct that hearing – Rights of the defence – Right to be heard
Language of the case: French
| Summary |
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Judgment of the Court (Second Chamber) of 14 October 2021
ECLI:EU:C:2021:844 |
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Case C-662/19 P NRW. Bank v SRB
Appeal – Economic and monetary union – Banking union – Recovery and resolution of credit institutions and investment firms – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Board (SRB) – Single Resolution Fund (SRF) – Setting of the 2016 ex ante contribution – Action for annulment – Time limit for bringing an action – Lateness – Challengeable act – Confirmatory act
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 15 April 2021
ECLI:EU:C:2021:299 |
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Judgment of the Court (Third Chamber) of 14 October 2021
ECLI:EU:C:2021:846 |
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Case C-683/19 Viesgo Infraestructuras Energéticas v Administración General del Estado and Others
Reference for a preliminary ruling – Common rules for the internal market in electricity – Directive 2009/72/EC – Article 3(2) and (6) – Imposition of public service obligations – Financing of a regulated discount for the purpose of the protection of vulnerable consumers – Requirements of transparency and non-discrimination
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Bobek delivered on 15 April 2021
ECLI:EU:C:2021:300 |
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Judgment of the Court (Fifth Chamber) of 14 October 2021
ECLI:EU:C:2021:847 |
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Case C-29/20 Biofa v Sikma
Reference for a preliminary ruling – Regulation (UE) No 528/2012 – Article 3(1)(a) and (c) – Definitions of ‘biocidal product’ and ‘active substance’ – Conditions – Mode of action other than mere physical or mechanical action – Article 9(1)(a) – Approval of an active substance – Scope of approval
Request for a preliminary ruling from the Oberlandesgericht Köln
Language of the case: German
| Summary |
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Opinion of Advocate General Rantos delivered on 20 May 2021
ECLI:EU:C:2021:411 |
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Judgment of the Court (First Chamber) of 14 October 2021
ECLI:EU:C:2021:843 |
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Joined Cases C-45/20 and C-46/20 E v Finanzamt N and Z vFinanzamt G (Communication of the allocation decision)
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 167, Article 168(a), Article 250 and Article 252 – Deduction of input tax – Immovable property – An office room – Photovoltaic system – Allocation decision giving rise to a right of deduction – Communication of the allocation decision – Limitation period for exercising a right to deduct – Presumption of allocation to the private assets of the taxable person where the allocation decision is not communicated – Principle of neutrality – Principle of legal certainty – Principles of equivalence and proportionality
Requests for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Tanchev delivered on 20 May 2021
ECLI:EU:C:2021:417 |
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Judgment of the Court (Eighth Chamber) of 14 October 2021
ECLI:EU:C:2021:852 |
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Case C-231/20 MT v Landespolizeidirektion Steiermark (Gaming machines)
Reference for a preliminary ruling – Freedom to provide services – Article 56 TFEU – Games of chance – Making prohibited lotteries available – Penalties – Proportionality – Minimum-level fines – Accumulation – No limit – Custodial sentence in the event of non-payment – Proportional contribution to the costs of proceedings – Article 49(3) of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber) of 14 October 2021
ECLI:EU:C:2021:845 |
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Case C-360/20 Ministerul Lucrărilor Publice, Dezvoltării şi Administraţiei v NE
Reference for a preliminary ruling – Protection of the European Union’s financial interests – Article 325 TFEU – Fight against fraud and other illegal activities – Convention on the protection of the European Union’s financial interests – Definition of ‘fraud’ – Unlawful conduct during the sustainability phase of a project
Request for a preliminary ruling from the Tribunalul Argeş
Language of the case: Romanian
| Summary |
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Judgment of the Court (Eighth Chamber) of 14 October 2021
ECLI:EU:C:2021:856 |
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Case C-373/20 A.M. v Dyrektor Z. Oddziału Regionalnego Agencji Restrukturyzacji i Modernizacji Rolnictwa
Reference for a preliminary ruling – Agriculture – Common agricultural policy – Common rules – Single payment scheme – Regulation (EC) No 1120/2009 – Article 2(c) – Concept of ‘permanent pasture’ – Crop rotation – Natural periodic flooding of meadows and pastures situated in a special environmental protection area
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Szczecinie
Language of the case: Polish
| Summary |
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Judgment of the Court (Seventh Chamber) of 14 October 2021
ECLI:EU:C:2021:850 |
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Case C-373/19 Finanzamt München Abteilung III v Dubrovin & Tröger - Aquatics
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(i) and (j) – Exemptions for certain activities in the public interest – Provision of children’s or young people’s education, school or university education – School or university education – Basic swimming tuition
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber) of 21 October 2021
ECLI:EU:C:2021:873 |
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Case C-824/19 TC and UB v Komisia za zashtita ot diskriminatsia and VA
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Prohibition of discrimination on grounds of disability – Article 2(2)(a) – Article 4(1) – Article 5 – Charter of Fundamental Rights of the European Union – Articles 21 and 26 – United Nations Convention on the Rights of Persons with Disabilities – Duties of juror in criminal proceedings – Blind person – Total exclusion from participation in criminal proceedings
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 22 April 2021
ECLI:EU:C:2021:324 |
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Judgment of the Court (Second Chamber) of 21 October 2021
ECLI:EU:C:2021:862 |
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Case C-825/19 Beeren-, Wild-, Feinfrucht v Hauptzollamt Erfurt
Reference for a preliminary ruling – Customs union – End-use procedure – Authorisation with retroactive effect – Regulation (EU) No 952/2013 – Union Customs Code – Article 211(2) – Scope ratione temporis – Conditions – Regulation (EEC) No 2454/93 – Article 294(2) – Scope
Request for a preliminary ruling from the Thüringer Finanzgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Tanchev delivered on 3 June 2021
ECLI:EU:C:2021:453 |
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Judgment of the Court (Fourth Chamber) of 21 October 2021
ECLI:EU:C:2021:869 |
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Joined Cases C-845/19 and C-863/19 Criminal proceedings against DR and TS
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2014/42/EU – Freezing and confiscation of instrumentalities and proceeds of crime in the European Union – Scope – Confiscation of illegally obtained assets – Economic benefit derived from a criminal offence which has not been the subject of a conviction – Article 4 – Confiscation – Article 5 – Extended confiscation – Article 6 – Confiscation from a third party – Conditions – Confiscation of money allegedly belonging to a third party – Third party having no right to appear as a party in the confiscation proceedings – Article 47 of the Charter of Fundamental Rights of the European Union
Requests for a preliminary ruling from the Apelativen sad - Varna
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Pikamäe delivered on 24 March 2021
ECLI:EU:C:2021:229 |
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Judgment of the Court (Third Chamber) of 21 October 2021
ECLI:EU:C:2021:864 |
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Case C-866/19 SC v Zakład Ubezpieczeń Społecznych I Oddział w Warszawie
Reference for a preliminary ruling – Social security for migrant workers – Regulation (EC) No 883/2004 – Article 52(1)(b) – Worker who has been employed in two Member States – Minimum period required by national law for acquisition of entitlement to a retirement pension – Account taken of the contribution period completed under the legislation of another Member State – Aggregation – Calculation of the amount of the retirement benefit to be paid
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
| Summary |
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Opinion of Advocate General Tanchev delivered on 15 April 2021
ECLI:EU:C:2021:301 |
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Judgment of the Court (Third Chamber) of 21 October 2021
ECLI:EU:C:2021:865 |
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Case C-894/19 P Parliament v UZ
Appeal – Civil service – Officials – Disciplinary proceedings – Disciplinary penalty – Administrative investigation – Article 41(1) of the Charter of Fundamental Rights of the European Union – Requirement of objective impartiality – Cross-appeal – Rejection of a request for assistance – Article 41(2) of the Charter of Fundamental Rights – Right to be heard
Language of the case: French
| Summary |
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Opinion of Advocate General Pikamäe delivered on 17 June 2021
ECLI:EU:C:2021:497 |
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Judgment of the Court (Second Chamber) of 21 October 2021
ECLI:EU:C:2021:863 |
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Case C-80/20 Wilo Salmson France v Agenţia Naţională de Administrare Fiscală - Direcţia Generală Regională a Finanţelor Publice Bucureşti and Agenţia Naţională de Administrare Fiscală - Direcţia Generală Regională a Finanţelor Publice Bucureşti - Administraţia Fiscală pentru Contribuabili Nerezidenţi
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Articles 167 to 171 and Article 178(a) – Right to deduct VAT – Refund of VAT to taxable persons established in a Member State other than the Member State of refund – Holding of an invoice – Directive 2008/9/EC – Refusal of the refund application – ‘Cancellation’ of the invoice by the supplier – Issuing of a new invoice – New refund application – Refusal
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Kokott delivered on 22 April 2021
ECLI:EU:C:2021:326 |
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Judgment of the Court (Fifth Chamber) of 21 October 2021
ECLI:EU:C:2021:870 |
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Case C-282/20 Criminal proceedings against ZX
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2012/13/EU – Right to information in criminal proceedings – Article 6(3) – Rights of suspects or accused persons to be informed of their rights – Articles 47 and 48 of the Charter of Fundamental Rights of the European Union – National law not providing for a procedural mechanism for remedying errors and omissions in the content of the indictment
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Tenth Chamber) of 21 October 2021
ECLI:EU:C:2021:874 |
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Case C-396/20 CHEP Equipment Pooling v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Detailed rules for the refund of VAT to taxable persons not established in the Member State of refund – Directive 2008/9/EC – Article 20(1) – Request for additional information by the Member State of refund – Elements which may be the subject of a request for additional information – Discrepancy between the amount shown in the refund application and that on the invoices submitted – Principle of good administration – Principle of VAT neutrality – Limitation period – Implications for rectifying the taxable person’s error
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Third Chamber) of 21 October 2021
ECLI:EU:C:2021:867 |
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Case C-109/20 Republiken Polen v PL Holdings
Reference for a preliminary ruling – Agreement between the Government of the Kingdom of Belgium and the Government of the Grand Duchy of Luxembourg, of the one part, and the Government of the People’s Republic of Poland, of the other, concerning the reciprocal promotion and protection of investments, signed on 19 May 1987 – Arbitration proceedings – Dispute between an investor from one Member State and another Member State – Arbitration clause provided for in that agreement contrary to EU law – Invalidity – Ad hoc arbitration agreement between the parties to that dispute – Participation in the arbitration proceedings – Tacit expression by that other Member State of its intention to conclude that arbitration agreement – Unlawfulness
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Kokott delivered on 22 April 2021
ECLI:EU:C:2021:321 |
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Judgment of the Court (Grand Chamber) of 26 October 2021
ECLI:EU:C:2021:875 |
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Joined Cases C-428/21 PPU and C-429/21 PPU HM and TZ (Right to be heard by the executing judicial authority)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 27(3)(g) and (4) – Request for consent to prosecution for offences other than those on which the surrender was based – Article 28(3) – Request for consent to subsequent surrender of the person concerned to another Member State – Article 47 of the Charter of Fundamental Rights of the European Union – Right to effective judicial protection – Right of the person concerned to be heard by the executing judicial authority – Arrangements
Requests for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Rantos delivered on 14 October 2021
ECLI:EU:C:2021:851 |
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Judgment of the Court (First Chamber) of 26 October 2021
ECLI:EU:C:2021:876 |
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Case C-204/21 R Commission v Poland
Interim relief – Article 279 TFEU – Application for interim measures – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Independence of judges – Disciplinary regime for judges – Examination of questions of law concerning the lack of independence of judges – Periodic penalty payment
Language of the case: Polish
| Summary |
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Order of the Vice-President of the Court of 27 October 2021
ECLI:EU:C:2021:878 |
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Case C-319/19 Komisia za protivodeystvie na koruptsiyata i za otnemane na nezakonno pridobitoto imushtestvo v ZV and Others
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2014/42/EU – Scope – National legislation providing for the confiscation of illegally obtained assets in the absence of a criminal conviction
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Third Chamber) of 28 October 2021
ECLI:EU:C:2021:883 |
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Case C-636/19 Y v CAK
Reference for a preliminary ruling – Cross-border healthcare – Concept of ‘insured person’ – Regulation (EC) No 883/2004 – Article 1(c) – Article 2 – Article 24 – Right to the benefits in kind provided by the Member State of residence at the expense of the Member State responsible for paying the pension – Directive 2011/24/EU – Article 3(b)(i) – Article 7 – Reimbursement of the costs of healthcare received in a Member State other than the Member State of residence and the Member State responsible for paying the pension – Conditions
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Rantos delivered on 22 April 2021
ECLI:EU:C:2021:325 |
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Judgment of the Court (Fourth Chamber) of 28 October 2021
ECLI:EU:C:2021:885 |
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Case C-650/19 P Vialto Consulting v Commission
Appeal – Action for damages – Non-contractual liability – Pre-Accession Assistance Instrument – Decentralised management – Investigation by the European Anti-Fraud Office (OLAF) – On-the-spot checks – Regulation (Euratom, EC) No 2185/96 – Article 7 – Access to computer data – Digital forensic operation – Principle of legitimate expectations – Right to be heard – Non-material damage
Language of the case: Greek
| Summary |
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Opinion of Advocate General Hogan delivered on 15 April 2021
ECLI:EU:C:2021:297 |
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Judgment of the Court (First Chamber) of 28 October 2021
ECLI:EU:C:2021:879 |
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Case C-909/19 BX v Unitatea Administrativ Teritorială D.
Reference for a preliminary ruling – Protection of the safety and health of workers – Directive 2003/88/EC – Organisation of working time – Article 2(1) and (2) – Concepts of ‘working time’ and ‘rest period’ – Mandatory vocational training undertaken at the employer’s request
Request for a preliminary ruling from the Curtea de Apel Iaşi
Language of the case: Romanian
| Summary |
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Judgment of the Court (Tenth Chamber) of 28 October 2021
ECLI:EU:C:2021:893 |
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Joined Cases C-915/19 to C-917/19 Eco Fox and Others v Fallimento Mythen and Others
Reference for a preliminary ruling – State aid – Biodiesel market – Aid scheme establishing biodiesel quotas exempt from excise duty – Alteration of the authorised aid scheme – Amendment of the criteria for allocating quotas – Obligation of prior notification to the European Commission – Regulation (EC) No 659/1999 – Article 1(c) – Concept of ‘new aid’ – Regulation (EC) No 794/2004 – Article 4(1) – Concept of ‘alteration to existing aid’
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Fifth Chamber) of 28 October 2021
ECLI:EU:C:2021:887 |
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Case C-95/20 Varchev Finans v Komisia za finansov nadzor
Reference for a preliminary ruling – Directive 2014/65/EU – Markets in financial instruments – Delegated Regulation (EU) 2017/565 – Investment firms – Article 56 – Assessment of appropriateness and related record-keeping obligations – Article 72 – Retention of records – Methods of retention – Information concerning client categorisation – Information on costs and associated charges relating to investment services
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Ninth Chamber) of 28 October 2021
ECLI:EU:C:2021:891 |
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Case C-123/20 Ferrari v Mansory Design and WH
Reference for a preliminary ruling – Regulation (EC) No 6/2002 – Community designs – Articles 4, 6 and 11 – Infringement proceedings – Unregistered Community design – Appearance of a part of a product – Conditions for protection – Component part of a complex product – Individual character – Act of making available to the public
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 15 July 2021
ECLI:EU:C:2021:628 |
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Judgment of the Court (Fifth Chamber) of 28 October 2021
ECLI:EU:C:2021:889 |
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Joined Cases C-197/20 and C-216/20 KAHL v Hauptzollamt Hannover and Roeper v Hauptzollamt Hamburg
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Tariff classification – Combined Nomenclature – Tariff subheadings 1521 90 91 and 1521 90 99 – Interpretation of the Explanatory Notes to subheading 1521 90 99 – Beeswax melted down and solidified prior to import
Requests for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber) of 28 October 2021
ECLI:EU:C:2021:892 |
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Joined Cases C-221/20 and C-223/20 Proceedings brought by A and B (Joint taxation of small breweries)
Reference for a preliminary ruling – Taxation – Directive 92/83/EEC – Excise duty – Beer – Article 4(2) – Possibility to apply reduced rates of excise duty to beer brewed by independent small breweries – Treatment as a single independent small brewery or as two or more small breweries – Obligation to transpose
Requests for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Judgment of the Court (Seventh Chamber) of 28 October 2021
ECLI:EU:C:2021:890 |
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Case C-324/20 Finanzamt B v X-Beteiligungsgesellschaft mbH (VAT – Successive payments)
Reference for a preliminary ruling – Directive 2006/112/EC – Value added tax (VAT) – Supply of services – Article 63 – Chargeability of VAT – Article 64(1) – Concept of ‘supplies which give rise to successive payments’ – One-time supply remunerated by means of payment in instalments – Article 90(1) – Reduction of the taxable amount – Concept of ‘non-payment of the price’
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 1 July 2021
ECLI:EU:C:2021:532 |
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Judgment of the Court (First Chamber) of 28 October 2021
ECLI:EU:C:2021:880 |
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Case C-357/20 IE v Magistrat der Stadt Wien (Grand Hamster - II)
Reference for a preliminary ruling – Conservation of natural habitats and of wild fauna and flora – Directive 92/43/EEC – Article 12(1) – System of strict protection for animal species – Annex IV(a) – European hamster (Cricetus cricetus) – Resting places and breeding sites – Deterioration or destruction
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber) of 28 October 2021
ECLI:EU:C:2021:881 |
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Case C-462/20 ASGI and Others v Presidenza del Consiglio dei Ministri – Dipartimento per le politiche della famiglia and Ministero dell'Economia e delle Finanze
Reference for a preliminary ruling – Directive 2003/109/EC – Status of third-country nationals who are long-term residents – Article 11 – Directive 2011/98/EU – Rights of third-country workers who hold a single permit – Article 12 – Directive 2009/50/EC – Rights of third-country nationals who hold an EU Blue Card – Article 14 – Directive 2011/95/EU – Rights of beneficiaries of international protection – Article 29 – Equal treatment – Social security – Regulation (EC) No 883/2004 – Coordination of social security systems – Article 3 – Family benefits – Social assistance – Social protection – Access to goods and services – Legislation of a Member State excluding third-country nationals from eligibility for a ‘family card’
Request for a preliminary ruling from the Tribunale di Milano
Language of the case: Italian
| Summary |
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Judgment of the Court (Tenth Chamber) of 28 October 2021
ECLI:EU:C:2021:894 |
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Case C-688/20 HG and TC v Ubezpieczeniowy Fundusz Gwarancyjny
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Article 3, first paragraph – Obligation to take out a contract of insurance – Scope – Unroadworthy vehicle, not registered and officially withdrawn from use
Request for a preliminary ruling from the Sąd Rejonowy w Opatowie
Language of the case: Polish
| Summary |
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Order of the Court (Tenth Chamber) of 29 October 2021
ECLI:EU:C:2021:897 |
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Information (on unpublished decisions)
Case C-161/21 Comune di Camerota
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court – Directive 2011/85/EU – Directive 2011/7/EU – Economic and monetary policy – Local authority in financial difficulty – Financial rebalancing plan – National legislation suspending the investigative powers of the Court of Auditors due to the health crisis related to the COVID-19 pandemic – Article 267 TFEU – Definition of ‘court or tribunal of a Member State’ – No dispute before the referring body – Manifest inadmissibility
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Order of the Court (Ninth Chamber) of 4 October 2021 ECLI:EU:C:2021:833 |
Case C-668/19 Commission v Italy (System for collecting and treating urban waste water)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive 91/271/EEC – Collection and treatment of urban waste water – Articles 3 to 5 and 10 – No collecting systems for urban water in certain agglomerations – No secondary treatment or equivalent treatment of urban waste water in certain agglomerations – Construction and operation of treatment plants – Control of discharges from such plants – Sensitive areas – More stringent treatment of waste water
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Judgment of the Court (Sixth Chamber) of 6 October 2021 ECLI:EU:C:2021:815 |
Case C-145/21 P Castillejo Oriol v Spain
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Actions for failure to act – Application lodged by means of e-Curia – Article 56a(4) of the Rules of Procedure of the General Court – Non-compliance with 10-day time limit – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Ninth Chamber) of 6 October 2021 ECLI:EU:C:2021:836 |
Case C-253/21 FI and RE v TUIfly
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Air transport – Regulation (EC) No 261/2004 – Article 5 – Article 7 – Article 8(3) – Denied boarding, cancellation or long delay of a flight – Compensation and assistance to passengers – Concept of ‘cancellation’ – Diversion of a flight to an airport not serving the same town, city or region as that for which the booking was made – Re-routing of passengers by coach
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Order of the Court (Ninth Chamber) of 6 October 2021 ECLI:EU:C:2021:840 |
Case C-316/21 Monument Vandekerckhove v Stad Gent
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 2014/24/EU – Conduct of the procedure – Choice of participants and award of contracts – Article 63 – Tenderer relying on the capacities of another entity in order to meet the requirements of the contracting authority – Failure to meet the requirements relating to the technical and professional ability of the tenderer by the entity on whose capacities the tenderer intends to rely – Obligation to allow that tenderer to replace that entity – Principle of proportionality
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Order of the Court (Ninth Chamber) of 6 October 2021 ECLI:EU:C:2021:837 |
Case C-360/21 P FCA Italy v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170a of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 6 October 2021 ECLI:EU:C:2021:841 |
Case C-686/20 YE and Others v Vueling Airlines
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Article 3(3) – Scope – Passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public – Young child travelling free of charge – Article 2(f) – Definition of ‘ticket’
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Order of the Court (Ninth Chamber) of 11 October 2021 ECLI:EU:C:2021:859 |
Case C-375/20 Liberty Seguros v DR
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Insurance contract concluded on the basis of false statements – International transport of persons and goods without authorisation – Nullity of the insurance contract – Enforceability against third-party victims and the body responsible for compensating victims
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Order of the Court (Seventh Chamber) of 13 October 2021 ECLI:EU:C:2021:861 |
Case C-244/20 F.C.I. v INSS (Survivor’s pension based on a partnership)
Reference for a preliminary ruling – Directive 79/7/EEC – Article 3(2) – Equal treatment for men and women in matters of social security – Survivors’ benefits – Survivor’s pension based on a de facto partnership – Exclusion clause – Validity – Prohibition of any discrimination based on sex – Benefit which does not come within the scope of Directive 79/7 – Inadmissibility – Article 21(1) of the Charter of Fundamental Rights of the European Union – Non-discrimination on grounds of sex – Article 17(1) of the Charter of Fundamental Rights of the European Union – Right to property – Legal situation which does not come within the scope of EU law – Lack of jurisdiction
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Judgment of the Court (Eighth Chamber) of 14 October 2021 ECLI:EU:C:2021:854 |
Case C-464/20 P KF v SatCen
Appeal – Institutional law – Staff of the European Union Satellite Centre (SatCen) – Members of the contract staff – Manner in which the administrative investigation was carried out in respect of the applicant – Reopening of the investigation – Compliance with the judgment of the General Court of the European Union of 25 October 2018, KF v SatCen (T‑286/15, EU:T:2018:718) – Action for annulment and for damages
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Judgment of the Court (Sixth Chamber) of 14 October 2021 ECLI:EU:C:2021:848 |
Case C-87/21 NSV and NM v BT
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Scope – Article 1(2) – Contractual terms which reflect mandatory statutory or regulatory provisions – Credit agreements denominated in a foreign currency – Terms relating to the exchange rate risk which reproduce a supplementary provision of national law – Alleged failure to fulfil the obligation of information borne by the banking institution providing the loan – Requirement of good faith – Examination to be carried out by the national court as a matter of priority in the light of Article 1(2) of Directive 93/13
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Order of the Court (Sixth Chamber) of 14 October 2021 ECLI:EU:C:2021:860 |
Case C-393/20 T.B. and D. v G. I. (Jurisdiction in matters relating to insurance)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Jurisdiction in insurance matters – Article 11(1)(b) – Article 12 – Article 13(2) – Scope ratione personae – Concept of ‘injured party’ – Professional – Special jurisdiction – Article 7(2)
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Judgment of the Court (Eighth Chamber) of 21 October 2021 ECLI:EU:C:2021:871 |
Case C-402/20 P Lípidos Santiga v Commission
Appeal – Energy – Directive (EU) 2018/2001 – Promotion of the use of energy from renewable sources – Limit on use of biofuels produced from food and feed crops – Delegated Regulation (EU) 2019/807 – Definition of high indirect land-use change (ILUC) risk feedstock – Palm oil – Action for annulment – Condition that a natural or legal person must be directly concerned – Inadmissibility
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Judgment of the Court (Eighth Chamber) of 21 October 2021 ECLI:EU:C:2021:872 |
Case C-583/20 EuroChem Agro Hungary v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 273 – Fight against fraud – Declaration obligation relating to the transport of goods – Road freight electronic monitoring system – Penalty regime applicable to high-risk taxpayers – Proportionality
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Order of the Court (Ninth Chamber) of 21 October 2021 ECLI:EU:C:2021:919 |
Case C-691/20 B v O and Others
Reference for a preliminary ruling – EU law – Principles – Article 18 TFEU – Equal treatment – Discrimination on grounds of nationality – Prohibition – Article 49 TFEU – Freedom of establishment – Joint and several liability of companies which form part of a group for debts resulting from an employment contract entered into by one of those companies – Exclusion by the legislation of the Member State concerned of companies that have their seat in another Member State
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Order of the Court (Ninth Chamber) of 22 October 2021 ECLI:EU:C:2021:895 |
November 2021
Case C-91/20 LW v Bundesrepublik Deutschland (Maintaining family unity)
Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection – Directive 2011/95/EU – Articles 3 and 23 – More favourable standards capable of being retained or introduced by the Member States for the purpose of extending the refugee or subsidiary protection status of a beneficiary of international protection to family members – Grant of a parent’s refugee status to his or her minor child as a derived right – Maintaining family unity – Best interests of the child
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 12 May 2021
ECLI:EU:C:2021:384 |
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Judgment of the Court (Grand Chamber) of 9 November 2021
ECLI:EU:C:2021:898 |
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Case C-819/19 Stichting Cartel Compensation and Equilib Netherlands v Koninklijke Luchtvaart Maatschappij and Others
Reference for a preliminary ruling – Articles 81, 84 and 85 EC – Article 53 of the EEA Agreement – Agreements, decisions and concerted practices – Conduct of undertakings in the context of air transport between the European Economic Area (EEA) and third countries that occurred under Articles 84 and 85 EC – Claim for compensation for damage suffered – Jurisdiction of national courts to apply Article 81 EC and Article 53 of the EEA Agreement
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Bobek delivered on 6 May 2021
ECLI:EU:C:2021:373 |
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Judgment of the Court (Second Chamber) of 11 November 2021
ECLI:EU:C:2021:904 |
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Case C-852/19 Criminal proceedings against Gavanozov
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2014/41/EU – European investigation order in criminal matters – Article 14 – Legal remedies – Charter of Fundamental Rights of the European Union – Article 47 – Absence of legal remedies in the issuing Member State – Decision ordering searches, seizures and a hearing of a witness by videoconference
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Bobek delivered on 29 April 2021
ECLI:EU:C:2021:346 |
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Judgment of the Court (First Chamber) of 11 November 2021
ECLI:EU:C:2021:902 |
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Case C-933/19 P Autostrada Wielkopolska v Commission and Poland
Appeal – State aid – Toll-motorway concession – Law providing for an exemption from tolls for certain vehicles – Compensation granted to the concession holder by the Member State for loss of revenue – Shadow toll – Compensation found by the European Commission to be excessive and to include State aid – Commission decision declaring that aid incompatible with the internal market and ordering its recovery – Procedural rights of the aid beneficiary – Commission’s obligation to exercise particular vigilance – Concept of ‘State aid’ – Advantage – Improvement of the concession holder’s expected financial situation – Criterion of the private operator in a market economy – Distortion of the evidence – Breach of the obligation to state reasons – Misreading of the decision at issue – Substitution of grounds – Reversal of the burden of proof – Breach of the principle of primacy of EU law – Judicial review to be conducted by the General Court – Requirements and limits
Language of the case: English
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Judgment of the Court (Second Chamber) of 11 November 2021
ECLI:EU:C:2021:905 |
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Case C-938/19 Energieversorgungscenter Dresden-Wilschdorf v Bundesrepublik Deutschland
Reference for a preliminary ruling – Environment – Directive 2003/87/EC – Greenhouse gas emission allowance trading scheme – Article 2(1) – Scope – Article 3(e) – Concept of ‘installation’ – Effect on emissions and pollution – Ancillary units not generating as such greenhouse gas emissions – Article 10a – Transitional rules for free allocation of allowances – Data Collection Template – Corrected eligibility ratio – Method of calculation – Decision 2011/278/EU – Third subparagraph of Article 6(1) – Export of cooling to an entity that belongs to a sector exposed to a significant risk of carbon leakage
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 3 June 2021
ECLI:EU:C:2021:455 |
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Judgment of the Court (Fifth Chamber) of 11 November 2021
ECLI:EU:C:2021:908 |
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Case C-948/19 Manpower Lit v E.S. and Others
Reference for a preliminary ruling – Social policy – Temporary agency work – Directive 2008/104/EC – Article 1 – Scope – Concepts of ‘public undertaking’ and ‘being engaged in economic activities’ – European Union agencies – European Institute for Gender Equality (EIGE) as a ‘user undertaking’ within the meaning of Article 1(2) of that directive – Article 5(1) – Principle of equal treatment – Basic working and employment conditions – Concept of ‘the same job’ – Regulation (EC) No 1922/2006 – Article 335 TFEU – Principle of administrative autonomy of an EU institution – Article 336 TFEU – Staff Regulations of Officials of the European Union and Conditions of Employment of Other Servants of the European Union
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Tanchev delivered on 15 July 2021
ECLI:EU:C:2021:624 |
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Judgment of the Court (Second Chamber) of 11 November 2021
ECLI:EU:C:2021:906 |
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Case C-168/20 BJ and OV v M and Others (Pension rights in bankruptcy)
Reference for a preliminary ruling – Freedom of movement of persons – Citizenship of the Union – Article 21 TFEU – Freedom of establishment – Article 49 TFEU – Equal treatment – Directive 2004/38/EC – Article 24(1) – Legislation of the United Kingdom of Great Britain and Northern Ireland making the exclusion, in principle in full and automatically, from the bankruptcy estate of pension rights accrued under a pension scheme dependent on prior registration of the pension scheme with the tax authorities – Application of that requirement in bankruptcy proceedings in respect of an EU citizen who has exercised his right to freedom of movement in order to pursue a self-employed occupation in the United Kingdom on a permanent basis – That EU citizen’s pension rights accrued under a pension scheme established and tax approved in his home Member State – Inability to avail of the protection of exclusion from the bankruptcy estate of those pension rights – Application to those pension rights of a system of exclusion from the bankruptcy estate significantly less advantageous to the bankrupt
Request for a preliminary ruling from the High Court of Justice Business and Property Courts of England and Wales
Language of the case: English
| Summary |
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Judgment of the Court (Third Chamber) of 11 November 2021
ECLI:EU:C:2021:907 |
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Case C-214/20 MG v Dublin City Council
Reference for a preliminary ruling – Protection of the safety and health of workers – Organisation of working time – Directive 2003/88/EC – Article 2 – Concept of ‘working time’ – Retained firefighter – Stand-by time according to a stand-by system – Pursuit, during the period of stand-by time, of a self-employed professional activity – Constraints arising from the stand-by system
Request for a preliminary ruling from the The Labour Court, Ireland
Language of the case: English
| Summary |
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Judgment of the Court (Fifth Chamber) of 11 November 2021
ECLI:EU:C:2021:909 |
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Case C-281/20 Ferimet v Administración General del Estado
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 168 – Right of deduction – Article 199 – Reverse charge procedure – Principle of fiscal neutrality – Material conditions governing the right to deduct – Supplier’s status as taxable person – Burden of proof – Fraud – Abusive practice – Invoice referring to a fictitious supplier
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Judgment of the Court (Fifth Chamber) of 11 November 2021
ECLI:EU:C:2021:910 |
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Case C-315/20 Regione Veneto v Plan Eco (Shipment of mixed municipal waste)
Reference for a preliminary ruling – Environment – Regulation (EC) No 1013/2006 – Shipments of waste – Article 3(5) and Article 11(1)(i) – Directive 2008/98/EC – Waste management – Article 16 – Principles of self-sufficiency and proximity – Decision 2000/532/EC – European Waste Catalogue (EWC) – Mixed municipal waste subject to mechanical treatment which does not alter its nature
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Rantos delivered on 17 June 2021
ECLI:EU:C:2021:499 |
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Judgment of the Court (Eighth Chamber) of 11 November 2021
ECLI:EU:C:2021:912 |
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Case C-340/20 Bank Sepah v Overseas Financial and Oaktree Finance
Reference for a preliminary ruling – Common foreign and security policy (CFSP) – Restrictive measures against the Islamic Republic of Iran – Regulation (EC) No 423/2007 – Freezing of funds of persons, entities or bodies recognised by the Council of the European Union as being engaged in nuclear proliferation – Concepts of ‘freezing of funds’ and ‘freezing of economic resources’ – Possibility of applying a protective measure in respect of frozen funds and economic resources – Claim pre-dating the freezing of assets and unrelated to Iran’s nuclear and ballistic programme
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 17 June 2021
ECLI:EU:C:2021:496 |
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Judgment of the Court (First Chamber) of 11 November 2021
ECLI:EU:C:2021:903 |
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Case C-388/20 Bundesverband der Verbraucherzentralen und Verbraucherverbände v Dr. August Oetker Nahrungsmittel
Reference for a preliminary ruling – Regulation (EU) No 1169/2011 – Provision of food information to consumers – Article 9(1)(l) – Nutrition declaration – Second subparagraph of Article 31(3) – Calculation of the energy value and of the amounts of nutrients – Possibility of providing that information for the food after preparation – Conditions – Second subparagraph of Article 33(2) – Expression on a per portion basis or per consumption unit
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Rantos delivered on 2 September 2021
ECLI:EU:C:2021:691 |
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Judgment of the Court (Eighth Chamber) of 11 November 2021
ECLI:EU:C:2021:913 |
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Case C-398/20 ELVOSPOL v Odvolací finanční ředitelství
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 90 – Reduction of the taxable amount for VAT purposes – Total or partial non-payment of the price on account of the debtor’s insolvency – Conditions imposed by national legislation for the adjustment of output VAT – Condition that the claim not paid in whole or in part must not have arisen during the six-month period preceding the declaration of insolvency of the debtor company – Non-compliance
Request for a preliminary ruling from the Krajský soud v Brně
Language of the case: Czech
| Summary |
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Judgment of the Court (Sixth Chamber) of 11 November 2021
ECLI:EU:C:2021:911 |
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Joined Cases C-748/19 to C-754/19 Criminal proceedings against WB and Others
References for a preliminary ruling – Rule of law – Independence of the judiciary – Second subparagraph of Article 19(1) TEU – National legislation providing the possibility for the Minister for Justice to second judges to higher courts and to terminate those secondments – Adjudicating panels in criminal cases including judges seconded by the Minister for Justice – Directive (EU) 2016/343 – Presumption of innocence
Requests for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
| Summary |
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Opinion of Advocate General Bobek delivered on 20 May 2021
ECLI:EU:C:2021:403 |
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Judgment of the Court (Grand Chamber) of 16 November 2021
ECLI:EU:C:2021:931 |
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Case C-821/19 Commission v Hungary (Criminalisation of assistance to asylum seekers)
Actions for failure to fulfil obligations – Area of freedom, security and justice – Asylum policy – Directives 2013/32/EU and 2013/33/EU – Procedure for granting international protection – Grounds of inadmissibility – Concepts of ‘safe third country’ and ‘first country of asylum’ – Assistance given to asylum seekers – Criminalisation – Prohibition on entry to the border transit zone of the relevant Member State
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Rantos delivered on 25 February 2021
ECLI:EU:C:2021:143 |
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Judgment of the Court (Grand Chamber) of 16 November 2021
ECLI:EU:C:2021:930 |
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Case C-479/21 PPU SN and SD
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Article 50 TEU – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Article 217 TFEU – Trade and Cooperation Agreement with the United Kingdom – Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Continuation under the Withdrawal Agreement, on a transitional basis, of the European arrest warrant regime in respect of the United Kingdom – Application to a European arrest warrant of provisions relating to the surrender mechanism established by the Trade and Cooperation Agreement with the United Kingdom – Regimes binding on Ireland
Request for a preliminary ruling from the Supreme Court
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 9 November 2021
ECLI:EU:C:2021:899 |
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Judgment of the Court (Grand Chamber) of 16 November 2021
ECLI:EU:C:2021:929 |
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Case C-212/20 M.P. and B.P. v 'A.' prowadzący działalność za pośrednictwem 'A.'
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan agreement indexed to a foreign currency – Contractual term relating to the buying and selling rates of a foreign currency – Requirement of intelligibility and transparency – Powers of the national court
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Woli w Warszawie
Language of the case: Polish
| Summary |
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Judgment of the Court (Seventh Chamber) of 18 November 2021
ECLI:EU:C:2021:934 |
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Case C-306/20 Visma Enterprise v Konkurences padome
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
| Summary |
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Judgment of the Court (Seventh Chamber) of 18 November 2021
ECLI:EU:C:2021:935 |
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Case C-358/20 Promexor Trade v Direcţia Generală a Finanţelor Publice Cluj – Administraţia Judeţeană a Finanţelor Publice Bihor
Reference for a preliminary ruling – Harmonisation of fiscal legislation – Common system of value added tax (VAT) – Directive 2006/112/EC – Right to deduct VAT – Revocation of the VAT identification of a taxable person – Refusal of the right of deduction – Formal requirements
Request for a preliminary ruling from the Judecătoria Oradea
Language of the case: Romanian
| Summary |
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Judgment of the Court (Eighth Chamber) of 18 November 2021
ECLI:EU:C:2021:936 |
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Case C-413/20 Belgian State v LO and Others (Pilot training)
Reference for a preliminary ruling – Air transport – Regulation (EU) No 1178/2011 – Technical requirements and administrative procedures related to civil aviation aircrew – Points 9 and 10 of Subpart A of Appendix 3 to Annex I – Training course for the issue of a commercial pilot licence – Flying training – Instrument ground time – Calculation – Simulator training – Skill test – Principle of legal certainty – Temporal limitation of the effects of a preliminary ruling
Request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles
Language of the case: French
| Summary |
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Judgment of the Court (Ninth Chamber) of 18 November 2021
ECLI:EU:C:2021:938 |
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Case C-564/19 Criminal proceedings against IS (Illegality of the order for reference)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2010/64/EU – Article 5 – Quality of the interpretation and translation – Directive 2012/13/EU – Right to information in criminal proceedings – Article 4(5) and Article 6(1) – Right to information about the accusation – Right to interpretation and translation – Directive 2016/343/EU – Right to an effective remedy and to a fair trial – Article 48(2) of the Charter of Fundamental Rights of the European Union – Article 267 TFEU – Second subparagraph of Article 19(1) TEU – Admissibility – Appeal in the interests of the law against a decision ordering a reference for a preliminary ruling – Disciplinary proceedings – Power of the higher court to declare the request for a preliminary ruling unlawful
Request for a preliminary ruling from the Pesti Központi Kerületi Bíróság
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Pikamäe delivered on 15 April 2021
ECLI:EU:C:2021:292 |
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Judgment of the Court (Grand Chamber) of 23 November 2021
ECLI:EU:C:2021:949 |
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Case C-833/19 P Council v Hamas
Appeal – Common foreign and security policy – Fight against terrorism – Restrictive measures against certain persons and entities – Freezing of funds – Common Position 2001/931/CFSP – Regulation (EC) No 2580/2001 – Continued inclusion of an organisation on the list of persons, groups and entities involved in terrorist acts – Statement of individual reasons notified to the organisation set out in a separate document from that containing a general statement of reasons – Authentication of the statement of individual reasons – Article 297(2) TFEU
Language of the case: French
| Summary |
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Opinion of Advocate General Rantos delivered on 3 June 2021
ECLI:EU:C:2021:448 |
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Judgment of the Court (Grand Chamber) of 23 November 2021
ECLI:EU:C:2021:950 |
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Case C-437/19 État du Grand-duché de Luxembourg v L (Information on a group of taxpayers)
Reference for a preliminary ruling – Administrative cooperation in the field of taxation – Directive 2011/16/EU – Article 1(1), Article 5 and Article 20(2) – Request for information – Decision ordering that information be provided – Refusal to comply with the order – Penalty – ‘Foreseeable relevance’ of the requested information – Absence of identification of the taxpayers concerned individually and by name – Concept of ‘identity of the person under examination or investigation’ – Statement of reasons of the request for information – Scope – Charter of Fundamental Rights of the European Union – Article 47 – Right to an effective remedy against the decision ordering that information be provided – Article 52(1) – Limitation – Respect for the essence of the right
Request for a preliminary ruling from the Cour administrative (Luxembourg)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 3 June 2021
ECLI:EU:C:2021:450 |
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Judgment of the Court (Third Chamber) of 25 November 2021
ECLI:EU:C:2021:953 |
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Case C-25/20 Proceedings brought by NK
Reference for a preliminary ruling – Judicial cooperation in civil matters – Insolvency proceedings – Regulation (EC) No 1346/2000 – Articles 4 and 28 – Article 32(2) – Time limit for the lodging of claims in insolvency proceedings – Lodging, in secondary insolvency proceedings ongoing in a Member State, of claims by the liquidator in the main proceedings pending in another Member State – Compulsory time limit laid down by the law of the State in which secondary insolvency proceedings have been opened
Request for a preliminary ruling from the Višje sodišče v Ljubljani
Language of the case: Slovenian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 20 May 2021
ECLI:EU:C:2021:418 |
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Judgment of the Court (Ninth Chamber) of 25 November 2021
ECLI:EU:C:2021:963 |
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Case C-102/20 StWL Städtische Werke Lauf a.d. Pegnitz v eprimo
Reference for a preliminary ruling – Directive 2002/58/EC – Processing of personal data and the protection of privacy in the electronic communications sector – Article 2(h) – Concept of ‘electronic mail’ – Article 13(1) – Concept of ‘use of … electronic mail for the purposes of direct marketing’ – Directive 2005/29/EC – Unfair commercial practices – Annex I, point 26 – Concept of ‘persistent and unwanted solicitations by email’ – Advertising messages – Inbox advertising
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 24 June 2021
ECLI:EU:C:2021:518 |
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Judgment of the Court (Third Chamber) of 25 November 2021
ECLI:EU:C:2021:954 |
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Case C-233/20 WD v job-medium
Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Protection of the safety and health of workers – Article 7(1) – Right to an allowance in lieu of paid annual leave not taken before the end of the employment relationship – Early termination of the employment relationship by the employee
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Hogan delivered on 15 April 2021
ECLI:EU:C:2021:304 |
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Judgment of the Court (Seventh Chamber) of 25 November 2021
ECLI:EU:C:2021:960 |
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Case C-271/20 Aurubis v Bundesrepublik Deutschland
Reference for a preliminary ruling – Scheme for greenhouse gas emission allowance trading – Scheme for the free allocation of allowances – Decision 2011/278/EU – Article 3(d) – Fuel benchmark sub-installation – Concepts of ‘combustion’ and ‘fuel’ – Primary copper production by flash smelting – Request for allocation – Allowances requested and not yet allocated on the date of expiry of a trading period – Possibility of issuing such allowances during the subsequent trading period by way of enforcement of a judicial decision given after that date
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
| Summary |
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Opinion of Advocate General Hogan delivered on 24 June 2021
ECLI:EU:C:2021:519 |
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Judgment of the Court (Fifth Chamber) of 25 November 2021
ECLI:EU:C:2021:959 |
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Case C-289/20 IB v FA (Habitual residence of a spouse - Divorce)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 2201/2003 – Jurisdiction to hear divorce applications – Article 3(1)(a) – ‘Habitual residence’ of an applicant
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 8 July 2021
ECLI:EU:C:2021:561 |
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Judgment of the Court (Third Chamber) of 25 November 2021
ECLI:EU:C:2021:955 |
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Case C-334/20 Amper Metal v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 2 – Transaction subject to VAT – Concept – Article 168(a), and Article 176 – Right to deduct input VAT – Refusal – Advertising services categorised as excessively expensive and not beneficial by the tax authority – Lack of turnover generated by the taxable person
Request for a preliminary ruling from the Veszprémi Törvényszék
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Seventh Chamber) of 25 November 2021
ECLI:EU:C:2021:961 |
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Case C-372/20 QY v Finanzamt Österreich (Family benefits for development aid worker)
Reference for a preliminary ruling – Articles 45 and 48 TFEU – Free movement of workers – Equal treatment – Family benefits provided to development aid workers who take their family members to the third country to which they have been posted – Withdrawal – Second paragraph of Article 288 TFEU – Legal acts of the Union – Application of regulations – National legislation the scope ratione personae of which is broader than that of a regulation – Conditions – Regulation (EC) No 883/2004 – Article 11(3)(a) and (e) – Scope – Employed person who is a national of one Member State, employed as development aid worker by an employer established in another Member State and posted to a third country – Article 68(3) – Right of an applicant for family benefits to lodge a single application with the institution of the Member State having primary competence or with the institution of the Member State having secondary competence
Request for a preliminary ruling from the Bundesfinanzgericht
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 25 November 2021
ECLI:EU:C:2021:962 |
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Case C-488/20 Delfarma v Prezes Urzędu Rejestracji Produktów Leczniczych, Wyrobów Medycznych i Produktów Biobójczych
Reference for a preliminary ruling – Articles 34 and 36 TFUE – Free movement of goods – Measure having equivalent effect to a quantitative restriction – Medicinal products for human use – Parallel import of medicinal products – Legislation of a Member State under which a parallel import licence is to expire automatically after one year from the expiry of the marketing authorisation for the reference medicinal product – Protection of the health and life of humans – Proportionality – Directive 2001/83/EC – Pharmacovigilance
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Warszawie
Language of the case: Polish
| Summary |
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Judgment of the Court (Third Chamber) of 25 November 2021
ECLI:EU:C:2021:956 |
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Case C-3/20 Criminal proceedings against AB and Others
Reference for a preliminary ruling – Protocol (No 7) on the privileges and immunities of the European Union – Member of an organ of the European Central Bank – Governor of a national central bank of a Member State – Immunity from criminal proceedings – Indictment connected with activities carried out in the course of employment within the Member State
Request for a preliminary ruling from the Rīgas rajona tiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Kokott delivered on 29 April 2021
ECLI:EU:C:2021:344 |
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Judgment of the Court (Grand Chamber) of 30 November 2021
ECLI:EU:C:2021:969 |
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Information (on unpublished decisions)
Case C-255/20 Agenzia delle dogane e dei monopoli - Ufficio delle dogane di Gaeta v Punto Nautica
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Taxation – Harmonisation of legislation – Excise duty – Directive 92/12/EEC – Article 3(2) – Directive 2008/118/EC – Article 1(2) – Other indirect taxes on excise goods – Regional tax on the sale of fuel for motor vehicles – Specific purposes – Absence
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Order of the Court (Seventh Chamber) of 9 November 2021 ECLI:EU:C:2021:926 |
Case C-415/21 P Comercializadora Eloro v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170a of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 10 November 2021 ECLI:EU:C:2021:924 |
Case C-106/20 P Greece v Commission
Appeal – Common agricultural policy – EAGF and EAFRD – Expenditure excluded from EU financing – Expenditure incurred by the Hellenic Republic – Conformity clearance procedure – Plea raised for the first time during the oral proceedings at first instance – Regulation (EC) No 796/2004 – Article 2(2) – Regulation (EU) No 1307/2013 – Article 4(1)(h) – Concept of ‘permanent pasture’ – Distortion of evidence – Delegated Regulation (EU) No 907/2014 – Article 12(4) – One-off correction – Conditions – Burden of proof
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Judgment of the Court (Ninth Chamber) of 11 November 2021 ECLI:EU:C:2021:914 |
Case C-424/21 P Sun Stars & Sons v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 11 November 2021 ECLI:EU:C:2021:928 |
Case C-425/21 P Sun Stars & Sons v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 11 November 2021 ECLI:EU:C:2021:927 |
Case C-465/21 P König Ludwig International v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 12 November 2021 ECLI:EU:C:2021:922 |
Case C-602/20 AKZ - Burgas v Direktor na Direktsia 'Obzhalvane i danachno-osiguritelna praktika'
Reference for a preliminary ruling – Social security contributions – Repayment of contributions wrongly paid – Limitation of interest on repayment – National procedural autonomy – Principle of equivalence – Principle of effectiveness – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Manifest inadmissibility
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Order of the Court (Eighth Chamber) of 17 November 2021 ECLI:EU:C:2021:947 |
Case C-655/20 Gómez del Moral Guasch v Bankia
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan agreement – Variable interest rate – Mortgage loan reference index (IRPH) – Review of transparency by the national court – Assessment of the unfair nature of contractual terms – Consequences of a declaration of nullity – Judgment of 3 March 2020, Gómez del Moral Guasch (C‑125/18, EU:C:2020:138) – New questions
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Order of the Court (Ninth Chamber) of 17 November 2021 ECLI:EU:C:2021:943 |
Case C-79/21 YB v Unión de Créditos Inmobiliarios
Reference for a preliminary ruling – Articles 53 and 99 of the Rules of Procedure of the Court – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan agreement – Variable interest rate – Mortgage loan reference index (IRPH) – Review of transparency by the national court – Duty to provide information – Assessment of the unfair nature of contractual terms – Requirements of good faith, balance and transparency – Consequences of a declaration of nullity
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Order of the Court (Ninth Chamber) of 17 November 2021 ECLI:EU:C:2021:945 |
Case C-680/19 P Fulmen v Council
Appeal – Common foreign and security policy (CFSP) – Restrictive measures against the Islamic Republic of Iran – Damage allegedly suffered by the appellant as a result of its name being included and maintained on the list of persons and entities subject to the freezing of funds and economic resources – Action for damages – Jurisdiction of the Court to rule on a claim seeking compensation for the damage allegedly caused by restrictive measures taken in decisions adopted pursuant to the CFSP – Sufficiently serious breach of a rule of law intended to confer rights on individuals
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Judgment of the Court (Sixth Chamber) of 18 November 2021 ECLI:EU:C:2021:932 |
Case C-681/19 P Mahmoudian v Council
Appeal – Common foreign and security policy (CFSP) – Restrictive measures against the Islamic Republic of Iran – Damage allegedly suffered by the appellant as a result of his name being included and maintained on the list of persons and entities subject to the freezing of funds and economic resources – Action for damages – Jurisdiction of the Court to rule on a claim seeking compensation for the damage allegedly caused by restrictive measures taken in decisions adopted pursuant to the CFSP – Sufficiently serious breach of a rule of law intended to confer rights on individuals
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Judgment of the Court (Sixth Chamber) of 18 November 2021 ECLI:EU:C:2021:933 |
Case C-107/20 P Greece v Commission
Appeal – Common Agricultural Policy (CAP) – European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) – Expenditure excluded from EU financing – Expenditure incurred by the Hellenic Republic – Regulation (EU) No 1306/2013 – Article 52(4)(c) – Flat-rate financial corrections – 24-month period – Expenses covered by the 24-month period – Method of calculating the correction – Adjustment of the rate of correction
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Judgment of the Court (Ninth Chamber) of 18 November 2021 ECLI:EU:C:2021:937 |
Case C-490/21 P Davide Groppi v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 26 November 2021 ECLI:EU:C:2021:968 |
Case C-498/21 P Birkenstock IP and Birkenstock Sales v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 22 November 2021 ECLI:EU:C:2021:952 |
Case C-345/21 P Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO
Appeal – EU trade mark – Whether appeals may be allowed to proceed – Article 170b of the Court’s Rules of Procedure – Request failing to demonstrate a significant issue with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court of 23 November 2021 ECLI:EU:C:2021:951 |
Case C-249/20 P Commission v UG
Appeal – Civil service – Contract staff – Contract of indefinite duration – Termination – Grounds for termination – Distortion – Non-material damage – Admissibility – Failure to rule on a head of claim
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Judgment of the Court (Tenth Chamber) of 25 November 2021 ECLI:EU:C:2021:964 |
Case C-201/21 P-OST Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO and M.J. Dairies
Rectification order – Articles 154, 155 and 159a of the Rules of Procedure of the Court of Justice – Failure to adjudicate – Conditions – Manifest inadmissibility
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Order of the Court (Sixth Chamber) of 25 November 2021 ECLI:EU:C:2021:965 |
Case C-273/21 WD v Agrárminiszter
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Agriculture – Common Agricultural Policy – Regulation (EU) No 1307/2013 – Direct support schemes – Article 4(1)(c) and (e) – Article 32(2) – Single area payment application – Concept of ‘eligible hectare’ – Land classified as an aerodrome according to the land register – Actual use for agricultural purposes
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Order of the Court (Sixth Chamber) of 26 November 2021 ECLI:EU:C:2021:967 |
Case C-327/21 P Giro Travel Company v Andréas Stihl and EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 26 November 2021 ECLI:EU:C:2021:966 |
Case C-381/21 P Lee v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 30 November 2021 ECLI:EU:C:2021:970 |
Case C-466/21 P-R Land Rheinland-Pfalz v Deutsche Lufthansa
Interim relief – Appeal – Article 278 TFEU – Application for suspension of operation of a measure – State aid – Operating aid granted to Francfort-Hahn airport – Decision not to raise any objection – Urgency – Risk to the financial viability of the company concerned
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Order of the Vice-President of the Court of 30 November 2021 ECLI:EU:C:2021:972 |
Case C-483/21 P Health Product Group v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 30 November 2021 ECLI:EU:C:2021:981 |
December 2021
Case C-471/21 P(R) Inivos and Inivos v Commission
Appeal – Interim relief – Public procurement – Negotiated procedure without prior publication of a contract notice – Application for suspension of operation of a measure – Urgency – Serious and irreparable damage
Language of the case: English
| Summary |
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Order of the Vice-President of the Court of 1 December 2021
ECLI:EU:C:2021:984 |
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Joined Cases C-884/19 P and C-888/19 P Commission and GMB Glasmanufaktur Brandenburg v Xinyi PV Products (Anhui) Holdings
Appeal – Dumping – Imports of solar glass originating in China – Regulation (EC) No 1225/2009 – Article 2(7)(b) and (c) – ‘Undertaking operating under market economy conditions’ status – Denied – Concept of ‘significant distortions carried over from the former non-market economy system’, within the meaning of the third indent of Article 2(7)(c) – Tax incentives
Language of the case: English
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 8 July 2021
ECLI:EU:C:2021:562 |
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Judgment of the Court (Fourth Chamber) of 2 December 2021
ECLI:EU:C:2021:973 |
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Case C-484/20 Vodafone Kabel Deutschland v Bundesverband der Verbraucherzentralen und Verbraucherverbände
Reference for a preliminary ruling – Consumer protection – Directive (EU) 2015/2366 – Payment services – Article 62(4) – Charges applicable – Article 107(1) – Full harmonisation – Article 115(1) and (2) – Transposition and application – Subscriptions for cable television and internet access – Contracts of indefinite duration concluded before the date for transposition of that directive – Charges applied to payment transactions without direct debit authorisation that are initiated after that date
Request for a preliminary ruling from the Oberlandesgericht München
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber) of 2 December 2021
ECLI:EU:C:2021:975 |
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Case C-670/20 EP and Others v ERSTE Bank Hungary
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Loan agreement denominated in a foreign currency – Terms exposing the borrower to a foreign exchange risk – Article 4(2) – Requirements of intelligibility and transparency – Lack of effect of the declaration by the consumer under which he or she is fully aware of the potential risks arising from a loan denominated in a foreign currency – Contractual term that is in plain, intelligible language
Request for a preliminary ruling from the Ráckevei Járásbíróság
Language of the case: Hungarian
| Summary |
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Order of the Court (Sixth Chamber) of 6 December 2021
ECLI:EU:C:2021:1002 |
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Case C-154/20 Kemwater ProChemie v Odvolací finanční ředitelství
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 168 – Right to deduct input tax – Material conditions governing the right of deduction – Supplier’s status as taxable person – Burden of proof – Refusal of the right of deduction where the true supplier has not been identified – Conditions
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Judgment of the Court (Tenth Chamber) of 9 December 2021
ECLI:EU:C:2021:989 |
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Case C-217/20 XXXX v Staatssecretaris van Financiën (Remuneration during paid annual leave)
Reference for a preliminary ruling – Directive 2003/88/EC – Organisation of working time – Protection of the health and safety of workers – Article 7(1) – Right to paid annual leave – Level of remuneration – Reduced remuneration due to incapacity for work
Request for a preliminary ruling from the Rechtbank Overijssel
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Hogan delivered on 8 July 2021
ECLI:EU:C:2021:559 |
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Judgment of the Court (Second Chamber) of 9 December 2021
ECLI:EU:C:2021:987 |
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Case C-242/20 HRVATSKE ŠUME v BP Europa
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Article 5(3) – Concept of ‘matters relating to tort, delict or quasi-delict’ – Judicial enforcement proceedings – Action for recovery of sums unduly paid based on unjust enrichment – Article 22(5) – Enforcement of judgments – Exclusive jurisdiction
Request for a preliminary ruling from the Visoki trgovački sud Republike Hrvatske
Language of the case: Croatian
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 9 September 2021
ECLI:EU:C:2021:728 |
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Judgment of the Court (Fourth Chamber) of 9 December 2021
ECLI:EU:C:2021:985 |
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Case C-370/20 Pro Rauchfrei v JS e.K.
Reference for a preliminary ruling – Manufacture, presentation and sale of tobacco products – Directive 2014/40/EU – Labelling and packaging – Article 8(8) – Health warnings which must appear on each unit packet of a tobacco product and any outside packaging – Automatic vending machine for cigarette packets – Health warnings not visible from the outside – Representation of unit packets – Concept of ‘images’ of unit packets and any outside packaging targeting consumers in the European Union
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Tanchev delivered on 15 July 2021
ECLI:EU:C:2021:627 |
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Judgment of the Court (Fourth Chamber) of 9 December 2021
ECLI:EU:C:2021:988 |
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Case C-708/20 BT v EB (Action against the insured)
Reference for a preliminary ruling – Cooperation in civil and commercial matters – Regulation (EU) No 1215/2012 – Jurisdiction, recognition and enforcement in civil and commercial matters – Jurisdiction in insurance matters – Claim for compensation for damage suffered by an individual domiciled in a Member State following an accident in rented accommodation in another Member State – Action brought by the injured person against, first, the insurer and, secondly, against the insured owner of that accommodation – Applicability of Article 13(3) of that regulation
Request for a preliminary ruling from the County Court at Birkenhead
Language of the case: English
| Summary |
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Judgment of the Court (Eighth Chamber) of 9 December 2021
ECLI:EU:C:2021:986 |
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Case C-382/21 P EUIPO v The KaiKai Company Jaeger Wichmann
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal allowed to proceed
Language of the case: German
| Summary |
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Order of the Court (Chamber determining whether appeals may proceed) of 10 December 2021
ECLI:EU:C:2021:1050 |
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Case C-490/20 V.М.А. v Stolichna obshtina, rayon „Pancharevo“
Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Right to move and reside freely within the territory of the Member States – Child born in the host Member State of her parents – Birth certificate issued by that Member State mentioning two mothers in respect of that child – Refusal by the Member State of origin of one of those two mothers to issue a birth certificate for the child in the absence of information as to the identity of the child’s biological mother – Possession of such a certificate being a prerequisite for the issue of an identity card or a passport – Persons of the same sex not recognised as parents under the national legislation of that Member State of origin
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Kokott delivered on 15 April 2021
ECLI:EU:C:2021:296 |
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Judgment of the Court (Grand Chamber) of 14 December 2021
ECLI:EU:C:2021:1008 |
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Joined Cases C-478/19 and C-479/19 UBS Real Estate v Agenzia delle Entrate
Reference for a preliminary ruling – Free movement of capital – Closed-ended mutual investment funds – Open-ended mutual investment funds – Investments in real estate – Mortgage registration tax and land registry fees – Tax advantage granted only to closed-ended real estate investment funds – Difference in treatment – Comparability of situations – Objective criteria of differentiation
Requests for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Opinion of Advocate General Hogan delivered on 25 February 2021
ECLI:EU:C:2021:148 |
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Judgment of the Court (Second Chamber) of 16 December 2021
ECLI:EU:C:2021:1015 |
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Case C-724/19 Criminal proceedings against HP (Traffic and location data)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – European Investigation Order (EIO) – Directive 2014/41/EU – Article 2(c)(i) – Concept of ‘issuing authority’ – Article 6 – Conditions for issuing an EIO – Article 9(1) and (3) – Recognition of an EIO – EIO seeking to obtain traffic and location data associated with telecommunications, issued by a public prosecutor designated as ‘issuing authority’ by the national measure transposing Directive 2014/41 – Exclusive competence of the judge, in a similar domestic case, to order the investigative measure indicated in that order
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 20 May 2021
ECLI:EU:C:2021:414 |
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Judgment of the Court (Fourth Chamber) of 16 December 2021
ECLI:EU:C:2021:1020 |
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Case C-203/20 Criminal proceedings against AB and Others (Revocation of an amnesty)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Charter of Fundamental Rights of the European Union – Scope – Article 51 – Implementation of EU law – Framework Decision 2002/584/JHA – Jurisdiction of the Court – Reference made before the issue of a European arrest warrant – Admissibility – Principle ne bis in idem – Article 50 – Concepts of ‘acquittal’ and ‘conviction’ – Amnesty in the issuing Member State – Final decision discontinuing a criminal prosecution – Revocation of the amnesty – Setting-aside of the decision discontinuing the criminal prosecution – Resumption of proceedings – Need for a decision taken after a determination of the criminal liability of the person concerned – Directive 2012/13/EU – Right to information in criminal proceedings – Scope – Concept of ‘criminal proceedings’ – Legislative procedure for the adoption of a resolution relating to the revocation of an amnesty – Judicial procedure for review of the compliance of that resolution with the national Constitution
Request for a preliminary ruling from the Okresný súd Bratislava III
Language of the case: Slovak
| Summary |
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Opinion of Advocate General Kokott delivered on 17 June 2021
ECLI:EU:C:2021:498 |
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Judgment of the Court (Third Chamber) of 16 December 2021
ECLI:EU:C:2021:1016 |
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Case C-225/20 Euro Delta Danube v Agenţia de Plăţi şi Intervenţie pentru Agricultură
Reference for a preliminary ruling – Agriculture – Common agricultural policy – Delegated Regulation (EU) No 640/2014 – Area-related aid scheme – Single area payment – Eligibility criteria – Concession agreement for agricultural land – Change of use of that land without the agreement of the grantor – Agricultural use of areas intended for aquaculture use – Difference between the area declared and the area determined – Over-declaration – Administrative penalties
Request for a preliminary ruling from the Curtea de Apel Constanţa
Language of the case: Romanian
| Summary |
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Judgment of the Court (Sixth Chamber) of 16 December 2021
ECLI:EU:C:2021:1021 |
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Case C-274/20 GN and WX v Prefettura di Massa Carrara
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Road traffic – Registration and taxation of motor vehicles – Driver residing in a Member State – Vehicle registered in another Member State – Vehicle provided free of charge for a short period – National legislation prohibiting persons who have resided in Italy for more than 60 days from driving in that Member State a vehicle registered in another country
Request for a preliminary ruling from the Giudice di pace di Massa
Language of the case: Italian
| Summary |
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Judgment of the Court (Sixth Chamber) of 16 December 2021
ECLI:EU:C:2021:1022 |
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Case C-575/20 Apollo Tyres (Hungary) v Innovációért és Technológiáért Felelős Miniszter
Reference for a preliminary ruling – Atmospheric pollution – System for greenhouse gas emission allowance trading – Directive 2003/87/EC – Installations for the combustion of fuels – Annex I – Total rated thermal input – Rules for calculation – Aggregation rule
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Tenth Chamber) of 16 December 2021
ECLI:EU:C:2021:1024 |
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Joined Cases C-357/19, C-379/19, C-547/19, C-811/19 and C-840/19 Criminal proceedings against PM and Others
Reference for a preliminary ruling – Decision 2006/928/EC – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Legal nature and effects – Binding on Romania – Rule of law – Judicial independence – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Fight against corruption – Protection of the European Union’s financial interests – Article 325(1) TFEU – ‘PFI’ Convention’ – Criminal proceedings – Decisions of the Curtea Constituțională (Constitutional Court, Romania) concerning the legality of the taking of certain evidence and the composition of judicial panels in cases of serious corruption – Duty on national courts to give full effect to the decisions of the Curtea Constituțională (Constitutional Court) – Disciplinary liability of judges in case of non-compliance with such decisions – Power to disapply decisions of the Curtea Constituțională (Constitutional Court) that conflict with EU law – Principle of primacy of EU law
Requests for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie and Tribunalul Bihor
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Bobek delivered on 4 March 2021
ECLI:EU:C:2021:170 |
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Opinion of Advocate General Bobek delivered on 4 March 2021
ECLI:EU:C:2021:174 |
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Opinion of Advocate General Bobek delivered on 4 March 2021
ECLI:EU:C:2021:175 |
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Judgment of the Court (Grand Chamber) of 21 December 2021
ECLI:EU:C:2021:1034 |
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Case C-874/19 P Aeris Invest v SRB
Appeal – Economic and monetary union – Banking union – Recovery and resolution of credit institutions and investment firms – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Single Resolution Board (SRB) – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption of a resolution scheme in respect of Banco Popular Español SA – Sale of business tool – Write-down and conversion of capital instruments – Regulation (EU) No 806/2014 – Article 20 – Concept of ‘definitive valuation’ – Consequences – Refusal or failure to proceed with an ex post definitive valuation – Remedies – Action for annulment
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 8 July 2021
ECLI:EU:C:2021:563 |
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Judgment of the Court (Third Chamber) of 21 December 2021
ECLI:EU:C:2021:1040 |
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Case C-124/20 Bank Melli Iran v Telekom Deutschland
Reference for a preliminary ruling – Commercial policy – Regulation (EC) No 2271/96 – Protection against the effects of the extraterritorial application of legislation adopted by a third country – Restrictive measures taken by the United States of America against Iran – Secondary sanctions adopted by that third country preventing persons from engaging, outside its territory, in commercial relationships with certain Iranian undertakings – Prohibition on complying with such a law – Exercise of a right of ordinary termination
Request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Hogan delivered on 12 May 2021
ECLI:EU:C:2021:386 |
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Judgment of the Court (Grand Chamber) of 21 December 2021
ECLI:EU:C:2021:1035 |
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Joined Cases C-146/20, C-188/20, C-196/20 and C-270/20 AD and Others v Corendon Airlines and Others
References for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Articles 2 and 3 – Concepts of ‘operating air carrier’, ‘confirmed reservation’ and ‘scheduled time of arrival’ – Articles 5, 7 and 8 – Flight departure time brought forward in relation to the original planned departure time – Classification – Reduction in the amount of compensation – Offer of re-routing – Article 14 – Obligation to inform passengers of their rights – Scope
Requests for a preliminary ruling from the Landgericht Düsseldorf and Landesgericht Korneuburg
Language of the case: German
| Summary |
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Opinion of Advocate General Pikamäe delivered on 23 September 2021
ECLI:EU:C:2021:765 |
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Judgment of the Court (First Chamber) of 21 December 2021
ECLI:EU:C:2021:1038 |
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Case C-243/20 DP and SG v Trapeza Peiraios
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms – Article 1(2) – Contractual terms reflecting mandatory statutory or regulatory provisions – Exclusion from the scope of the directive – Loan repayable in foreign currency – Term reflecting a national provision of a supplementary nature – Effect of non-transposition of Article 1(2) of the directive – Article 3(1) and Article 4(1) – Assessment of the unfairness of a term – Article 8 – Adoption or retention of national provisions ensuring a maximum degree of protection for the consumer – Interaction between these various provisions of Directive 93/13
Request for a preliminary ruling from the Polymeles Protodikeio Athinon
Language of the case: Greek
| Summary |
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Judgment of the Court (Sixth Chamber) of 21 December 2021
ECLI:EU:C:2021:1045 |
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Case C-251/20 Gtflix Tv v DR
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 7(2) – Special jurisdiction in matters relating to tort, delict or quasi-delict – Publication on the internet of allegedly disparaging comments concerning a person – Place where the harmful event occurred – Courts of each Member State in which content placed online is or has been accessible
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Hogan delivered on 16 September 2021
ECLI:EU:C:2021:745 |
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Judgment of the Court (Grand Chamber) of 21 December 2021
ECLI:EU:C:2021:1036 |
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Case C-263/20 Airhelp v Laudamotion
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Article 2(l) – Article 5(1)(c) – Flight booked through an online platform – Flight departure time brought forward by the operating air carrier – Classification – Receipt of notification of the flight being brought forward sent to an electronic address not belonging to the passengers concerned – Directive 2000/31/EC – Electronic commerce – Article 11 – Presumption of receipt – Scope of the operating air carrier’s obligation to provide information
Request for a preliminary ruling from the Landesgericht Korneuburg
Language of the case: German
| Summary |
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Opinion of Advocate General Pikamäe delivered on 23 September 2021
ECLI:EU:C:2021:760 |
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Judgment of the Court (First Chamber) of 21 December 2021
ECLI:EU:C:2021:1039 |
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Case C-394/20 XY v Finanzamt V (Inheritance - Partial allowance and deduction of reserved portions)
Reference for a preliminary ruling – Free movement of capital – Articles 63 and 65 TFEU – National legislation on inheritance tax – Immovable property situated on national territory – Limited tax liability – Different treatment of residents and non-residents – Right to an allowance on the taxable value – Proportionate reduction in the case of limited tax liability – Liabilities arising from reserved portions – No deduction in the case of limited tax liability
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 16 September 2021
ECLI:EU:C:2021:749 |
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Judgment of the Court (Fifth Chamber) of 21 December 2021
ECLI:EU:C:2021:1044 |
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Case C-395/20 EP and GM v Corendon Airlines Turistik Hava Tasimacilik
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Article 2(l) – Article 5(1) – Change in the departure time of a flight – Departure postponed by approximately three hours – Passengers notified nine days before departure – Concepts of ‘cancellation’ and ‘delay’
Request for a preliminary ruling from the Landgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Pikamäe delivered on 23 September 2021
ECLI:EU:C:2021:761 |
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Judgment of the Court (First Chamber) of 21 December 2021
ECLI:EU:C:2021:1041 |
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Case C-428/20 A.K. v Skarb Państwa (Motor insurance cover)
Reference for a preliminary ruling – Compulsory insurance against civil liability in respect of the use of motor vehicles – Second Directive 84/5/EEC – Article 1(2) – Directive 2005/14/EC – Directive 2009/103/EC – Article 9(1) – Obligation to increase the minimum amounts covered by compulsory insurance – Transitional period – New rule applicable immediately to the future effects of a situation which arose under the old rule – Situation arising prior to the entry into force of a substantive rule of EU law – National rules excluding insurance contracts concluded before 11 December 2009 from the obligation to increase the minimum amounts covered by compulsory insurance
Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie
Language of the case: Polish
| Summary |
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Judgment of the Court (Second Chamber) of 21 December 2021
ECLI:EU:C:2021:1043 |
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Case C-497/20 Randstad Italia v Umana and Others
Reference for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Obligation of Member States to provide remedies sufficient to ensure effective legal protection in the fields covered by Union law – Public procurement – Directive 89/665/EEC – Article 1(1) and (3) – Article 47 of the Charter of Fundamental Rights of the European Union – Judgment of a Member State’s highest administrative court declaring inadmissible, in breach of the case-law of the Court of Justice, an action brought by a tenderer excluded from a public procurement procedure – No remedy against that judgment before the highest court in that Member State’s judicial order – Principles of effectiveness and equivalence
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Opinion of Advocate General Hogan delivered on 9 September 2021
ECLI:EU:C:2021:725 |
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Judgment of the Court (Grand Chamber) of 21 December 2021
ECLI:EU:C:2021:1037 |
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Case C-524/20 Vítkovice Steel v Ministerstvo životního prostředí
Reference for a preliminary ruling – Scheme for greenhouse gas emission allowance trading – Directive 2003/87/EC – Article 11(3) – Decision 2011/278/EU – Article 3(b) and Article 10(2)(a) – Product benchmark sub-installation – Decision 2013/448/EU – Validity – Installation using a basic oxygen furnace – Hot metal – Input from a third-party installation – Refusal to allocate emission allowances – Admissibility – Failure by the applicant in the main proceedings to bring an action for annulment
Request for a preliminary ruling from the Městský soud v Praze
Language of the case: Czech
| Summary |
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Judgment of the Court (Tenth Chamber) of 21 December 2021
ECLI:EU:C:2021:1048 |
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Information (on unpublished decisions)
Case C-598/20 Pilsētas zemes dienests
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Harmonisation of fiscal legislation – Common system of value added tax (VAT) – Directive 2006/112/EC – Exemptions – Article 135(1)(l) and Article 135(2) – Leasing and letting of immovable property – Exclusion from exemption of a compulsory land lease to owners of buildings – Principle of fiscal neutrality
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Order of the Court (Eighth Chamber) of 1 December 2021 ECLI:EU:C:2021:971 |
Case C-373/21 P Hasbro v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 1 December 2021 ECLI:EU:C:2021:983 |
Case C-462/21 P Puma v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court *Chamber determining whether appeals may proceed) of 1 December 2021 ECLI:EU:C:2021:982 |
Case C-473/21 P Franz Schröder v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 8 December 2021 ECLI:EU:C:2021:1001 |
Case C-474/21 P Franz Schröder v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 8 December 2021 ECLI:EU:C:2021:999 |
Case C-475/21 P Franz Schröder v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 8 December 2021 ECLI:EU:C:2021:1000 |
Case C-374/20 P Agrochem-Maks v Commission
Appeal – Plant protection products – Active substance – Regulation (EC) No 1107/2009 – Article 6(f) – Annex II, point 2.2 – Definition of ‘further confirmatory information’ – Implementing Regulation (EU) No 844/2012 – Article 13(3) – Non-renewal of approval of the active substance ‘oxasulfuron’ for its placing on the market – Scope of the rapporteur Member State’s decision to declare the application for renewal to be admissible – Right of that Member State and of the European Food Safety Authority (EFSA) to require the applicant to provide further information – Right of the rapporteur Member State to amend its draft renewal assessment report – Precautionary principle
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Judgment of the Court (Tenth Chamber) of 9 December 2021 ECLI:EU:C:2021:990 |
Case C-193/21 P RY v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Temporary staff – Action for annulment – Termination of a contract of indefinite duration pursuant to Article 47(c)(i) of the Conditions of Employment of Other Servants of the European Union – Right to be heard – Compliance with a judgment annulling a measure – Article 266 TFEU – confirmatory of the initial compliance check decision – Appeal manifestly inadmissible
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Order of the Court (Sixth Chamber) of 9 December 2021 ECLI:EU:C:2021:1051 |
Case C-476/21 P Rezon v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 10 December 2021 ECLI:EU:C:2021:1003 |
Case C-647/20 XG v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Direct taxation – Taxation of capital gains on immovable property – Articles 63, 64 and 65 TFEU – Free movement of capital – Higher tax liability on capital gains on immovable property made by residents of third countries
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Order of the Court (Eighth Chamber) of 13 December 2021 ECLI:EU:C:2021:1014 |
Case C-151/21 SESCAM v BF
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Field of public health – Calculation of length-of-service increments – National legislation refusing to take into account, as regards permanent staff regulated under administrative law, for the purpose of calculating length-of-service increments, periods corresponding to activities temporarily exercised in a higher professional category
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Order of the Court (Eighth Chamber) of 13 December 2021 ECLI:EU:C:2021:1005 |
Case C-224/21 VX v Autoridade Tributária e Aduaneira (Tax on capital gains from property II)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Direct taxation – Taxation of capital gains from property – Articles 63 and 65 TFUE – Free movement of capital – Discrimination – Higher tax liability on capital gains on immovable property made by non-residents – Election for taxation under the same procedures as residents
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Order of the Court (Eighth Chamber) of 13 December 2021 ECLI:EU:C:2021:1013 |
Case C-226/21 KQ v SESCAM
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Definition of ‘employment conditions’ – Exemption from providing on-call medical services on the grounds of age granted solely to permanent workers
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Order of the Court (Eighth Chamber) of 13 December 2021 ECLI:EU:C:2021:1010 |
Case C-387/21 P Asolo and WeMO Brands v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 13 December 2021 ECLI:EU:C:2021:1009 |
Case C-547/21 P(R) Portugal v Commission
Appeal – Interim relief – State aid – Madeira Free Zone (Portugal) – Granting of tax advantages to companies – State aid scheme implemented by the Portuguese Republic – Decision declaring the aid incompatible with the internal market – Urgency – Serious and irreparable harm
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Order of the Vice-President of the Court of 13 December 2021 ECLI:EU:C:2021:1007 |
Case C-589/21 P Abitron Germany v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 13 December 2021 ECLI:EU:C:2021:1012 |
Case C-619/21 P Cora v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 13 December 2021 ECLI:EU:C:2021:1011 |
Case C-467/21 Comune di Venezia v Telecom Italia and Infrastrutture Wireless Italiane
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Approximation of laws – Electronic communications networks and services – Restrictions on the installation of mobile telephone relay antennas imposed by the local authorities – Insufficient information concerning the reasons justifying the need to reply to the question referred for the purpose of resolving the dispute in the main proceedings – Manifest inadmissibility
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Order of the Court (Tenth Chamber) of 16 December 2021 ECLI:EU:C:2021:1031 |
Case C-505/21 FU v Fedasil
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Asylum policy – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Regulation (EU) No 604/2013 (Dublin III) – Article 27 – Remedies against a transfer decision – No link between the interpretation of EU law that is sought and the actual facts of the main action or its purpose – Manifest inadmissibility
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Order of the Court (Ninth Chamber) of 16 December 2021 ECLI:EU:C:2021:1049 |
Case C-523/21 P Innovative Cosmetic Concepts v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 16 December 2021 ECLI:EU:C:2021:1033 |
Case C-876/19 P PlasticsEurope v ECHA
Appeal – Establishment of a list of substances subject to authorisation – List of substances identified with a view to their eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 – Updating of the entry of the substance bisphenol A as a substance of very high concern
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Judgment of the Court (Ninth Chamber) of 21 December 2021 ECLI:EU:C:2021:1047 |
Case C-586/20 P P. Krücken Organic v Commission
Appeal – Law governing the institutions – Action for damages – Conditions governing the non-contractual liability of the European Union – Regulation (EC) No 834/2007 – Organic production and labelling of organic products – Article 33(3) – Concept of ‘appropriate supervision’ – Regulation (EC) No 1235/2008 – Arrangements for imports of organic products from third countries – Private control body for the purpose of equivalence – Attribution of that body’s conduct to the European Commission
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Judgment of the Court (Seventh Chamber) of 21 December 2021 ECLI:EU:C:2021:1046 |
Case C-538/21 P Cyprus v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals should proceed) of 21 December 2021 ECLI:EU:C:2021:1053 |
January 2022
Joined Cases C-177/19 P to C-179/19 P Germany and Others v Commission
Appeal – Action for annulment – Environment – Type approval of motor vehicles – Regulation (EU) 2016/646 – Emissions from light passenger and commercial vehicles (Euro 6) – Setting of the not-to-exceed (NTE) values for emissions of oxides of nitrogen during the real driving emission (RDE) tests – Fourth paragraph of Article 263 TFEU – Admissibility of an action – Infra-State entity with powers in the field of environmental protection to limit the circulation of certain vehicles – Condition that the applicant must be directly concerned
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Bobek delivered on 10 June 2021
ECLI:EU:C:2021:476 |
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Judgment of the Court (Fifth Chamber) of 13 January 2022
ECLI:EU:C:2022:10 |
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Case C-282/19 YT and Others v Ministero dell'Istruzione, dell'Università e della Ricerca and Ufficio Scolastico Regionale per la Campania
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 4 and 5 – Fixed-term employment contracts in the public sector – Catholic religious education teachers – Concept of ‘objective reasons’ justifying the renewal of such contracts – Permanent need for replacement staff
Request for a preliminary ruling from the Tribunale di Napoli
Language of the case: Italian
| Summary |
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Opinion of Advocate General Tanchev delivered on 18 March 2021
ECLI:EU:C:2021:217 |
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Judgment of the Court (Second Chamber) of 13 January 2022
ECLI:EU:C:2022:3 |
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Case C-377/19 Benedetti Pietro e Angelo and Others v AGEA
Reference for a preliminary ruling – Milk and milk products sector – Quotas – Additional levy – Regulation (EC) No 1788/2003 – Deliveries exceeding the producer’s available reference quantity – Collection of the contribution to the excess levy by the purchaser – Refund of levies overpaid – Regulation (EC) No 595/2004 – Article 16 – Criteria for redistributing the excess levy
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Second Chamber) of 13 January 2022
ECLI:EU:C:2022:4 |
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Case C-881/19 Tesco Stores ČR v Ministerstvo zemědělství
Reference for a preliminary ruling – Consumer protection – Approximation of laws – Regulation (EU) No 1169/2011 – Point 2(a) of Part E of Annex VII – Provision of food information to consumers – Labelling and presentation of food – Directive 2000/36/EC – Point 2(c) of Part A of Annex I – Cocoa and chocolate products – List of ingredients of a food intended for consumers in a Member State
Request for a preliminary ruling from the Krajský soud v Brně
Language of the case: Czech
| Summary |
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Opinion of Advocate General Tanchev delivered on 6 October 2021
ECLI:EU:C:2021:830 |
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Judgment of the Court (Fifth Chamber) of 13 January 2022
ECLI:EU:C:2022:15 |
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Case C-55/20 Minister Sprawiedliwości v Prokurator Krajowy and Rzecznik Dyscyplinarny Izby Adwokackiej
Reference for a preliminary ruling – Admissibility – Article 267 TFEU – Definition of ‘court or tribunal of a Member State’ – Bar Association Disciplinary Court – Disciplinary investigation initiated against a lawyer – Decision of the Disciplinary Agent finding that there was no disciplinary offence and terminating the investigation – Appeal by the Minister for Justice to the Bar Association Disciplinary Court – Directive 2006/123/EC – Services in the internal market – Article 4, point (6), and Article 10(6) – Authorisation scheme – Withdrawal of authorisation – Article 47 of the Charter of Fundamental Rights of the European Union – Not applicable
Request for a preliminary ruling from the Sąd Dyscyplinarny Izby Adwokackiej w Warszawie
Language of the case: Polish
| Summary |
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Opinion of Advocate General Bobek delivered on 17 June 2021
ECLI:EU:C:2021:500 |
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Judgment of the Court (Third Chamber) of 13 January 2022
ECLI:EU:C:2022:6 |
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Case C-110/20 Regione Puglia v Ministero dell'Ambiente e della Tutela del Territorio e del Mare and Others
Reference for a preliminary ruling – Energy – Directive 94/22/EC – Conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons – Authorisation for the prospection of hydrocarbons in a specific geographical area for a specified period – Contiguous areas – Grant of several authorisations to the same operator – Directive 2011/92/EU – Article 4(2) and (3) – Environmental impact assessment
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Hogan delivered on 24 June 2021
ECLI:EU:C:2021:517 |
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Judgment of the Court (Second Chamber) of 13 January 2022
ECLI:EU:C:2022:5 |
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Case C-156/20 Zipvit v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 168 – Right of deduction – Supply of postal services mistakenly exempted – VAT deemed to be included in the commercial price of the supply for the purpose of exercising the right of deduction – Not included – Concept of VAT ‘due or paid’
Request for a preliminary ruling from the Supreme Court of the United Kingdom
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 8 July 2021
ECLI:EU:C:2021:558 |
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Judgment of the Court (First Chamber) of 13 January 2022
ECLI:EU:C:2022:2 |
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Case C-326/20 MONO v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Excise duty – Directive 2008/118/EC – Exemption from the harmonised excise duty – Goods intended to be used in the context of diplomatic and consular relations – Conditions for the exemption to apply laid down by the host Member State – Payment by non-cash means
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Rantos delivered on 2 September 2021
ECLI:EU:C:2021:688 |
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Judgment of the Court (Third Chamber) of 13 January 2022
ECLI:EU:C:2022:7 |
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Case C-327/20 Skarb Państwa - Starosta Nyski v New Media Development & Hotel Services
Reference for a preliminary ruling – Directive 2011/7/EU – Combating late payments in commercial transactions – Scope – Concept of ‘commercial transactions’ – Public authority acting in its capacity as creditor of an undertaking – Not included – Grant by a public authority of a usufruct of immovable property against payment of an annual fee
Request for a preliminary ruling from the Sąd Okręgowy w Opolu
Language of the case: Polish
| Summary |
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Judgment of the Court (Ninth Chamber) of 13 January 2022
ECLI:EU:C:2022:23 |
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Case C-351/20 P Dragnea v Commission
Appeal – Investigations conducted by the European Anti-Fraud Office (OLAF) – Investigation reports – Request for an investigation to be opened into the conduct of previous OLAF investigations – Request to access documents – Letter of refusal – Article 263 TFEU – Decision against which an action for annulment may be brought – Time limit for bringing proceedings – Action against a letter confirming OLAF’s investigation reports – Regulation (EC) No 1049/2001 – Article 6 and Article 7(2) – Obligation to inform the applicant of his or her right to make a confirmatory application
Language of the case: English
| Summary |
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Opinion of Advocate General Kokott delivered on 15 July 2021
ECLI:EU:C:2021:625 |
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Judgment of the Court (Third Chamber) of 13 January 2022
ECLI:EU:C:2022:8 |
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Case C-363/20 MARCAS MC v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Companies – Corporation tax – Tax inspection – Scope of EU law – Charter of Fundamental Rights of the European Union – Article 51(1) – Implementation of EU law – None – Fourth Directive 78/660/EEC – Annual accounts of certain types of companies – Accounting of income generated from intellectual property rights – Article 2(3) – Principle that a true and fair view must be given – Article 31 – Valuation of items shown in annual accounts – Compliance with accounting principles
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Eighth Chamber) of 13 January 2022
ECLI:EU:C:2022:21 |
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Case C-513/20 Autoridade Tributária e Aduaneira v Termas Sulfurosas de Alcafache,
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(b) – Exemptions for certain activities in the public interest – Exemption of hospital and medical care – Closely related activities – Thermal treatment – Amount charged for compiling an individual file including the user’s clinical history
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Seventh Chamber) of 13 January 2022
ECLI:EU:C:2022:18 |
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Case C-514/20 DS v Koch Personaldienstleistungen
Reference for a preliminary ruling – Social policy – Charter of Fundamental Rights of the European Union – Article 31(2) – Directive 2003/88/EC – Organisation of working time – Article 7 – Annual leave – Working time – Overtime – Calculation of working time on a monthly basis – No overtime pay when taking annual leave
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
| Summary |
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Judgment of the Court (Seventh Chamber) of 13 January 2022
ECLI:EU:C:2022:19 |
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Case C-683/20 Commission v Slovakia (Environmental noise)
Failure of a Member State to fulfil obligations – Environment – Directive 2002/49/EC – Assessment and management of environmental noise – Major roads and major railways – Article 8(2) – Action plans – Article 10(2) – Annex VI – Summaries of action plans – Failure to communicate to the Commission within the prescribed period
Language of the case: Slovak
| Summary |
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Judgment of the Court (Eighth Chamber) of 13 January 2022
ECLI:EU:C:2022:22 |
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Case C-724/20 Paget Approbois v Depeyre entreprises and Alpha Insurance
Reference for a preliminary ruling – Freedom of establishment – Freedom to provide services – Business of insurance and reinsurance – Directive 2009/138/EC – Winding-up of insurance undertakings – Article 292 – Effects of winding-up proceedings on pending lawsuits – Exception to the application of the lex concursus – Lex processus
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Judgment of the Court (Third Chamber) of 13 January 2022
ECLI:EU:C:2022:9 |
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Case C-118/20 JY v Wiener Landesregierung (Revocation of an assurance of naturalisation)
Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Scope – Renunciation of the nationality of one Member State in order to obtain the nationality of another Member State in accordance with the assurance given by the latter to naturalise the person concerned – Revocation of that assurance on grounds of public policy or public security – Principle of proportionality – Statelessness
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 1 July 2021
ECLI:EU:C:2021:530 |
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Judgment of the Court (Grand Chamber) of 18 January 2022
ECLI:EU:C:2022:34 |
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Case C-261/20 Thelen Technopark Berlin v MN
Reference for a preliminary ruling – Freedom to provide services – Article 49 TFEU – Directive 2006/123/EC – Article 15 – Architects’ and engineers’ fees – Fixed minimum tariffs – Direct effect – Judgment establishing a failure to fulfil obligations delivered during proceedings before a national court or tribunal
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 15 July 2021
ECLI:EU:C:2021:620 |
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Judgment of the Court (Grand Chamber) of 18 January 2022
ECLI:EU:C:2022:33 |
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Case C-594/19 P Deutsche Lufthansa v Commission
Appeal – State aid – Aid for airports and airlines – Decision classifying the measures in favour of Frankfurt Hahn airport as State aid compatible with the internal market and finding no State aid in favour of airlines using that airport – Inadmissibility of an action for annulment – Fourth paragraph of Article 263 TFEU – Natural or legal person not directly and individually concerned by the decision at issue – Effective judicial protection
Language of the case: German
| Summary |
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Judgment of the Court (Fourth Chamber) of 20 January 2022
ECLI:EU:C:2022:40 |
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Case C-891/19 P Commission v Hubei Xinyegang Special Tube
Appeal – Dumping – Implementing Regulation (EU) 2017/804 – Imports of certain seamless pipes and tubes originating in China – Definitive anti-dumping duty – Regulation (EU) 2016/1036 – Article 3(2), (3) and (6), and Article 17 – Determination of injury – Examination of the effect of dumped imports on the prices of like products sold on the EU market – Analysis of price undercutting – Application of the product control number (PCN) method – Obligation of the European Commission to take into account the different market segments relating to the product under consideration and all sales of like products by the sampled EU producers
Language of the case: English
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 1 July 2021
ECLI:EU:C:2021:533 |
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Judgment of the Court (Third Chamber) of 20 January 2022
ECLI:EU:C:2022:38 |
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Case C-899/19 P Romania v Commission
Appeal – Law governing the institutions – Citizens’ initiative – Regulation (EU) No 211/2011 – Article 4(2)(b) – Registration of a proposed citizens’ initiative – Condition requiring that that proposed citizens’ initiative does not manifestly fall outside the framework of the European Commission’s powers to submit a proposal for a legal act for the purpose of implementing the Treaties – Decision (EU) 2017/652 – Citizens’ initiative ‘Minority SafePack – one million signatures for diversity in Europe’ – Registration in part – Article 5(2) TEU – Principle of conferral – Article 296 TFEU – Obligation to state reasons – Principle audi alteram partem
Language of the case: Romanian
| Summary |
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Judgment of the Court (Fourth Chamber) of 20 January 2022
ECLI:EU:C:2022:41 |
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Case C-51/20 Commission v Greece (Recovery of State aid - Ferronickel)
Failure of a Member State to fulfil obligations – State aid – Aid declared unlawful and incompatible with the internal market – Obligation of recovery – Judgment of the Court establishing the failure of a Member State to fulfil its obligations – Non-compliance – Failure to comply with the obligation to recover unlawful and incompatible aid – Financial penalties – Proportionality and dissuasiveness – Periodic penalty payment – Lump sum – Ability to pay – Weighting of the Member State’s voting rights in the European Parliament
Language of the case: Greek
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 1 July 2021
ECLI:EU:C:2021:534 |
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Judgment of the Court (Second Chamber) of 20 January 2022
ECLI:EU:C:2022:36 |
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Case C-90/20 Apcoa Parking Danmark v Skatteministeriet
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Scope – Taxable transactions – Activities carried out by a company incorporated under private law – Operation of car parks on private land – Control fees levied by that company in the event of failure by the motorists to comply with the general terms and conditions for use of those car parks – Characterisation – Economic and commercial realities of the transactions
Request for a preliminary ruling from the Højesteret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 3 June 2021
ECLI:EU:C:2021:449 |
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Judgment of the Court (Second Chamber) of 20 January 2022
ECLI:EU:C:2022:37 |
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Case C-165/20 ET v Bundesrepublik Deutschland
Reference for a preliminary ruling – Scheme for greenhouse gas emission allowance trading – Directive 2003/87/EC – Article 3e – Inclusion of aviation activities – Directive 2008/101/EC – Allocation and issue of allowances free of charge to aircraft operators – Cessation, by such an operator, of its activities due to insolvency – Decision of the competent national authority refusing to issue allowances to the insolvency administrator of the company in liquidation
Request for a preliminary ruling from the Verwaltungsgericht Berlin
Language of the case: German
| Summary |
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Opinion of Advocate General Hogan delivered on 23 September 2021
ECLI:EU:C:2021:764 |
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Judgment of the Court (Fifth Chamber) of 20 January 2022
ECLI:EU:C:2022:42 |
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Case C-432/20 ZK (Loss of long-term resident status)
Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Directive 2003/109/EC – Article 9(1)(c) – Loss of the status of long-term resident third-country national – Absence from the territory of the European Union for a period of 12 consecutive months – Interruption of that period of absence – Irregular and short‑term stays in the territory of the European Union
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
| Summary |
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Opinion of Advocate General Pikamäe delivered on 21 October 2021
ECLI:EU:C:2021:866 |
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Judgment of the Court (Third Chamber) of 20 January 2022
ECLI:EU:C:2022:39 |
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Case C-638/19 P Commission v European Food and Others
Appeal – State aid – Articles 107 and 108 TFEU – Bilateral Investment Treaty – Arbitration clause – Romania – Accession to the European Union – Repeal of a tax incentives scheme prior to accession – Arbitral award granting payment of damages after accession – European Commission decision declaring that payment to be State aid incompatible with the internal market and ordering its recovery – Competence of the European Commission – Application ratione temporis of EU law – Determination of the date at which the right to receive aid is conferred on the beneficiary – Article 19 TEU – Articles 267 and 344 TFEU – Autonomy of EU law
Language of the case: English
| Summary |
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Opinion of Advocate General Szpunar delivered on 1 July 2021
ECLI:EU:C:2021:529 |
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Judgment of the Court (Grand Chamber) of 25 January 2022
ECLI:EU:C:2022:50 |
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Case C-181/20 VYSOČINA WIND v Ministerstvo životního prostředí
Reference for a preliminary ruling – Environment – Directive 2012/19/EU – Waste electrical and electronic equipment – Obligation to finance the costs relating to the management of waste from photovoltaic panels – Retroactive effect – Principle of legal certainty – Incorrect transposition of a directive – Liability of the Member State
Request for a preliminary ruling from the Nejvyšší soud České republiky
Language of the case: Czech
| Summary |
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Opinion of Advocate General Kokott delivered on 15 July 2021
ECLI:EU:C:2021:619 |
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Judgment of the Court (Grand Chamber) of 25 January 2022
ECLI:EU:C:2022:51 |
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Case C-788/19 Commission v Spain (Obligation to provide tax information)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Free movement of capital – Obligation to provide information concerning assets or rights held in other Member States of the European Union or the European Economic Area (EEA) – Failure to comply with that obligation – Limitation – Penalties
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 15 July 2021
ECLI:EU:C:2021:621 |
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Judgment of the Court (First Chamber) of 27 January 2022
ECLI:EU:C:2022:55 |
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Case C-179/20 Fondul Proprietatea v Guvernul României and Others
Reference for a preliminary ruling – Internal market in electricity – Directive 2009/72/EC – Article 15(4) – Priority dispatch – Security of supply – Article 32(1) – Free third-party access – Guaranteed access to transmission systems – Directive 2009/28/EC – Article 16(2) – Guaranteed access – Article 107(1) TFEU – Article 108(3) TFEU – State aid
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Pikamäe delivered on 9 September 2021
ECLI:EU:C:2021:731 |
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Judgment of the Court (Fifth Chamber) of 27 January 2022
ECLI:EU:C:2022:58 |
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Case C-234/20 Sātiņi-S
Reference for a preliminary ruling – European Agricultural Fund for Rural Development (EAFRD) – Regulation (EU) No 1305/2013 – Support for rural development – Article 30(6)(a) – Natura 2000 payments – Compensation for income foregone in agricultural and forest areas – Peat bogs – Prohibition of establishing plantations of cranberries – No compensation for damage – Charter of Fundamental Rights of the European Union – Article 17 – Right to property
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Rantos delivered on 9 September 2021
ECLI:EU:C:2021:734 |
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Judgment of the Court (Third Chamber) of 27 January 2022
ECLI:EU:C:2022:56 |
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Case C-238/20 Sātiņi-S
Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 17 – Right to property – Directive 2009/147/EC – Compensation for the damage caused to aquaculture by protected wild birds in a Natura 2000 area – Compensation less than the damage actually suffered – Article 107(1) TFEU – State aid – Concept of ‘advantage’ – Conditions – Regulation (EU) No 717/2014 – De minimis rule
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Rantos delivered on 9 September 2021
ECLI:EU:C:2021:735 |
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Judgment of the Court (Third Chamber) of 27 January 2022
ECLI:EU:C:2022:57 |
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Case C-347/20 Zinātnes parks v Finanšu ministrija
Reference for a preliminary ruling – Structural Funds – European Regional Development Fund (ERDF) – Regulation (EU) No 1303/2013 – Co-financing programme – State aid – Regulation (EU) No 651/2014 – Scope – Limits – Concepts of ‘subscribed share capital’ and ‘undertaking in difficulty’ – Exclusion of undertakings in difficulty from ERDF support – Conditions for the taking effect of an increase of the subscribed share capital – Date of submission of evidence of that increase – Principles of non-discrimination and transparency
Request for a preliminary ruling from the Administratīvā rajona tiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Kokott delivered on 9 September 2021
ECLI:EU:C:2021:732 |
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Judgment of the Court (Fifth Chamber) of 27 January 2022
ECLI:EU:C:2022:59 |
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Information (on unpublished decisions)
Case C-287/20 EL and CP v Ryanair (Cabin crew and pilots’ strike)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Article 5(3) – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Exemption from the obligation to pay compensation – Concept of ‘extraordinary circumstances’ – Strike by cabin crew and pilots – Circumstances that are ‘internal’ and ‘external’ to the operating air carrier’s activity – Charter of Fundamental Rights of the European Union – Articles 12 and 28 – No infringement of the workers’ freedom of assembly and association and the air carrier’s right of negotiation
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Order of the Court (Eighth Chamber) of 10 January 2022 ECLI:EU:C:2022:1 |
Case C-437/20 Criminal proceedings against ZI and TQ
Reference for a preliminary ruling – Article 53(2) Rules of Procedure of the Court – Games of chance – Licences for the collection of bets – Extension of existing licences – Regularisation of data transmission centres (DTC) engaged in the collection of bets without the necessary licence and police authorisation – Limited period – Manifest inadmissibility of the reference for a preliminary ruling
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Order of the Court (Ninth Chamber) of 10 January 2022 ECLI:EU:C:2022:53 |
Case C-400/21 Anatecor
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Interpretation of national law – National insolvency proceedings – Possibility for the insolvency judge to verify his or her substantive jurisdiction and the claim – Purely internal dispute – Lack of connection with EU law – Clear lack of jurisdiction of the Court
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Order of the Court (Seventh Chamber) of 10 January 2022 ECLI:EU:C:2022:30 |
Case C-361/20 P YG v Commission
Appeal – Civil service – Official – Promotion – 2017 promotion procedure – Decision not to promote the appellant – Article 45(1) of the Staff Regulations of Officials of the European Union – Comparison of the merits – Principle of equal treatment – Duty to state reasons
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Judgment of the Court (Seventh Chamber) of 13 January 2022 ECLI:EU:C:2022:17 |
Case C-599/21 P AM.VI. and Quinam v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170 of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 17 January 2022 ECLI:EU:C:2022:32 |
Case C-185/20 P Hungary v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for annulment – EAGF and EAFRD – Expenditure excluded from EU financing – Expenditure incurred by Hungary
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Order of the Court (Ninth Chamber) of 18 January 2022 ECLI:EU:C:2022:54 |
Case C-169/21 P Spadafora v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Notice of vacancy – Job of Head of Unit in the European Anti-Fraud Office (OLAF) – New selection procedure after the cancellation of the first appointment – Rejection of application
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Order of the Court (Ninth Chamber) of 25 January 2022 ECLI:EU:C:2022:66 |
Case C-518/21 P FT and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials and Agents – Remuneration – European Commission staff assigned to a third country – Update of the correction coefficients applicable to their remuneration – Manifest errors of assessment – Retroactive effect – Recovery of undue payments – Appeal manifestly inadmissible
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Order of the Court (Seventh Chamber) of 27 January 2022 ECLI:EU:C:2022:70 |
Case C-557/21 P Acciona v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 27 January 2022 ECLI:EU:C:2022:68 |
Case C-28/21 TM v EJ (Loss of earnings following a traffic accident)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Article 3 – Compulsory cover of damage to property – Scope – Legislation of a Member State excluding loss of earnings from cover by compulsory insurance against civil liability in respect of the use of motor vehicles
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Order of the Court (Tenth Chamber) of 31 January 2022 ECLI:EU:C:2022:69 |
February 2022
Case C-461/20 Advania Sverige and Kammarkollegiet v Dustin Sverige
Reference for a preliminary ruling – Directive 2014/24/EU – Article 72 – Modification of contracts during their term – Transfer of a framework agreement – New contractor assuming on the insolvency of the initial contractor the rights and obligations attributed to the latter under a framework agreement – Whether need for a new procurement procedure
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 9 September 2021
ECLI:EU:C:2021:729 |
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Judgment of the Court (Fourth Chamber) of 3 February 2022
ECLI:EU:C:2022:72 |
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Case C-515/20 B v Finanzamt A
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 122 – Reduced rate for supplies of wood for use as firewood – Differentiation on the basis of the objective characteristics and properties of the goods – Types of wood intended for use as fuel which serve the same consumer need and are in competition with each other – Principle of fiscal neutrality
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 3 February 2022
ECLI:EU:C:2022:73 |
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Case C-20/21 JW and Others v LOT Polish Airlines
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Second indent of Article 7(1)(b) – Special jurisdiction in matters relating to a contract – Concept of ‘place of performance of the obligation in question’ – Contract for the provision of services – Air transport – Flight consisting of a confirmed single booking and performed in several legs by two separate air carriers – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Article 7 – Right to compensation – Delay on the first leg of the journey – Claim for compensation brought against the air carrier operating that first leg of the journey before the court for the place of arrival of that first flight
Request for a preliminary ruling from the Landgericht Frankfurt am Main
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber) of 3 February 2022
ECLI:EU:C:2022:71 |
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Case C-460/21 Vapo Atlantic v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Excise duties – Directive 2008/118/EC – Article 1(2) – Levying, for specific purposes, of other indirect taxes – ‘Specific purposes’ – Definition – Financing of a public undertaking holding the concession contract in respect of the national road network – Objectives of environmental sustainability and reducing accidents – Purely budgetary purpose – Refusal to reimburse a tax based on unjust enrichment – Conditions
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
| Summary |
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Order of the Court (Eighth Chamber) of 7 February 2022
ECLI:EU:C:2022:83 |
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Case C-35/21 Konservinvest v Bulkons Parvomay
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Quality schemes for agricultural products and foodstuffs – Regulation (EU) No 1151/2012 – Designations of Origin and Geographical indications – Article 9 – Transitional national protection – Geographical indication designating an agricultural product, registered under the legislation of a Member State and protected at national level
Request for a preliminary ruling from the Varhoven kasatsionen sad (Bulgarie)
Language of the case: Bulgarian
| Summary |
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Order of the Court (Tenth Chamber) of 9 February 2022
ECLI:EU:C:2022:84 |
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Case C-9/20 Grundstücksgemeinschaft Kollaustraße 136 v Finanzamt Hamburg-Oberalster
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Point (b) of the first paragraph of Article 66 – Chargeability of VAT – The time the payment is received – Article 167 – Origin and scope of the right of input VAT deduction – Article 167a – Derogation – Cash accounting Letting and subletting of a property used for industrial or commercial purposes
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Tanchev delivered on 9 September 2021
ECLI:EU:C:2021:730 |
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Judgment of the Court (Fifth Chamber) of 10 February 2022
ECLI:EU:C:2022:88 |
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Case C-219/20 LM v Bezirkshauptmannschaft Hartberg-Fürstenfeld (Limitation period)
Reference for a preliminary ruling – Freedom to provide services – Posting of workers – Directive 96/71/EC – Article 3(1)(c) – Terms and conditions of employment – Remuneration – Article 5 – Penalties – Limitation period – Charter of Fundamental Rights of the European Union – Article 41 – Right to good administration – Article 47 – Effective judicial protection
Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark
Language of the case: German
| Summary |
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Judgment of the Court (Sixth Chamber) of 10 February 2022
ECLI:EU:C:2022:89 |
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Case C-485/20 XXXX v HR Rail
Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Equal treatment in employment and occupation – Prohibition of discrimination on the ground of disability – Dismissal of a worker who had become permanently incapable of performing the essential functions of the post – Staff member completing training as part of recruitment – Article 5 – Reasonable accommodation for people with disabilities – Requirement to reassign to another post – Obligation subject to it not being a disproportionate burden for the employer
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Rantos delivered on 11 November 2021
ECLI:EU:C:2021:916 |
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Judgment of the Court (Third Chamber) of 10 February 2022
ECLI:EU:C:2022:85 |
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Case C-487/20 Philips Orăştie v Direcţia Generală de Administrare a Marilor Contribuabili
Reference for a preliminary ruling – Harmonisation of fiscal legislation – Common system of value added tax (VAT) – Directive 2006/112/EC – Articles 179 and 183 – Right to deduct VAT – Conditions – Compensation or refund of excess VAT – Additional liabilities – Principle of fiscal neutrality – Principles of equivalence and effectiveness
Request for a preliminary ruling from the Curtea de Apel Alba Iulia
Language of the case: Romanian
| Summary |
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Judgment of the Court (Eighth Chamber) of 10 February 2022
ECLI:EU:C:2022:92 |
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Case C-499/20 DIMCO Dimovasili M.I.K.E. v Ypourgos Perivallontos kai Energeias
Reference for a preliminary ruling – Approximation of laws – Directive 97/23/EC – Pressure equipment – CE marking – Placing on the market and putting into service – Restrictions aimed at ensuring the protection of persons – Articles 34 and 36 TFEU – National legislation imposing restrictions on the method of installation of gas pipes
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
| Summary |
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Judgment of the Court (Ninth Chamber) of 10 February 2022
ECLI:EU:C:2022:93 |
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Case C-522/20 OE v VY (Habitual residence of a spouse – Nationality criterion)
Reference for a preliminary ruling – Validity – Judicial cooperation in civil matters – Jurisdiction to hear and determine an application for divorce – Article 18 TFEU – Regulation (EC) No 2201/2003 – Fifth and sixth indents of Article 3(1)(a) – Difference between the length of the residence period required for the purposes of determining which court has jurisdiction – Distinction between a resident who is a national of the Member State of the court before which the application is brought and a resident who is not a national of that Member State – No discrimination on grounds of nationality
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Third Chamber) of 10 February 2022
ECLI:EU:C:2022:87 |
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Case C-564/20 PF and MF v Minister for Agriculture Food and the Marine and SFPA
Reference for a preliminary ruling – Common fisheries policy – Regulation (EC) No 1224/2009 – Control system – Article 33(2)(a) and Article 34 – Recording of catches and fishing effort – Transmission to the European Commission of information concerning the quantities of nephrops caught – Possibility to use data other than those contained in the fishing logbook – Reasonable and scientifically valid method to process and verify data – Closure of fisheries
Request for a preliminary ruling from the Supreme Court
Language of the case: English
| Summary |
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Judgment of the Court (Sixth Chamber) of 10 February 2022
ECLI:EU:C:2022:90 |
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Case C-595/20 UE v ShareWood Switzerland and VF
Reference for a preliminary ruling – Judicial cooperation in civil matters – Law applicable to contractual obligations – Regulation (EC) No 593/2008 (Rome I) – Consumer contracts – Choice of applicable law – Article 6(4)(c) – Exclusion of contracts relating to a right in rem in immovable property or to a tenancy of immovable property – Contract of sale, including a lease agreement and a service agreement, relating to trees planted for the sole purpose of being harvested for profit
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 10 February 2022
ECLI:EU:C:2022:86 |
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Case C-191/21 Ministre de l’Économie, des Finances et de la Relance v Les Anges d’Eux and Others
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 392 – Margin taxation scheme – Scope – Supply of buildings and building land purchased for the purpose of resale – Taxable person for whom the VAT on the purchase of buildings was not deductible – Resale subject to VAT – Concept of ‘building land’
Request for a preliminary ruling from the Cour administrative d'appel de Lyon
Language of the case: French
| Summary |
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Order of the Court (Seventh Chamber) of 10 February 2022
ECLI:EU:C:2022:95 |
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Case C-156/21 Hungary v Parliament and Council
Action for annulment – Regulation (EU, Euratom) 2020/2092 – General regime of conditionality for the protection of the Union budget – Protection of the Union budget in the case of breaches of the principles of the rule of law in the Member States – Legal basis – Article 322(1)(a) TFEU – Alleged circumvention of Article 7 TEU and Article 269 TFEU – Alleged infringements of Article 4(1), Article 5(2) and Article 13(2) TEU and of the principles of legal certainty, proportionality and equality of Member States before the Treaties
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 2 December 2021
ECLI:EU:C:2021:974 |
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Judgment of the Court (Full Court) of 16 February 2022
ECLI:EU:C:2022:97 |
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Case C-157/21 Poland v Parliament and Council
Action for annulment – Regulation (EU, Euratom) 2020/2092 – General regime of conditionality for the protection of the European Union budget – Protection of the Union budget in the case of breaches of the principles of the rule of law in the Member States – Legal basis – Article 322(1)(a) TFEU – Article 311 TFEU – Article 312 TFEU – Alleged circumvention of Article 7 TEU and Article 269 TFEU – Alleged infringements of Article 4(1), Article 5(2) and Article 13(2) TEU, of the second paragraph of Article 296 TFEU, of Protocol (No 2) on the application of the principles of subsidiarity and proportionality and of the principles of conferral, legal certainty, proportionality and equality of the Member States before the Treaties – Alleged misuse of powers
Language of the case: Polish
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 2 December 2021
ECLI:EU:C:2021:978 |
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Judgment of the Court (Full Court) of 16 February 2022
ECLI:EU:C:2022:98 |
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Case C-160/20 Stichting Rookpreventie Jeugd and Others v Staatssecretaris van Volksgezondheid, Welzijn en Sport
Reference for a preliminary ruling – Directive 2014/40/EU – Manufacture, presentation and sale of tobacco products – Products not complying with the maximum emission levels – Prohibition on placing on the market – Measurement method – Filter cigarettes with small ventilation holes – Measurement of the emissions on the basis of ISO standards – Standards not published in the Official Journal of the European Union – Compliance with the publication requirements laid down in Article 297(1) TFEU read in the light of the principle of legal certainty – Compliance with the principle of transparency
Request for a preliminary ruling from the Rechtbank Rotterdam
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 15 July 2021
ECLI:EU:C:2021:618 |
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Judgment of the Court (Grand Chamber) of 22 February 2022
ECLI:EU:C:2022:101 |
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Case C-300/20 Bund Naturschutz in Bayern v Landkreis Rosenheim
Reference for a preliminary ruling – Environment – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Article 2(a) – Concept of ‘plans and programmes’ – Article 3(2)(a) – Measures prepared for certain sectors and setting a framework for future development consent of projects listed in Annexes I and II to Directive 2011/92/EU – Article 3(4) – Measures setting a framework for future development consent of projects – Landscape conservation regulation adopted by a local authority
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 16 September 2021
ECLI:EU:C:2021:746 |
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Judgment of the Court (Grand Chamber) of 22 February 2022
ECLI:EU:C:2022:102 |
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Case C-483/20 XXXX v Commissaire général aux réfugiés et aux apatrides (Family unity – Protection already granted)
Reference for a preliminary ruling – Common policy on asylum – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 33(2)(a) – Inadmissibility of an application for international protection lodged in a Member State by a third-country national who has obtained refugee status in another Member State, where the minor child of that third-country national, who is a beneficiary of subsidiary protection status, resides in the first Member State – Charter of Fundamental Rights of the European Union – Article 7 – Right to respect for family life – Article 24 – Best interests of the child – No infringement of Articles 7 and 24 of the Charter of Fundamental Rights due to the inadmissibility of the application for international protection – Directive 2011/95/EU – Article 23(2) – Obligation on the Member States to ensure the family unity of beneficiaries of international protection is maintained
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
| Summary |
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Opinion of Advocate General Pikamäe delivered on 30 September 2021
ECLI:EU:C:2021:780 |
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Judgment of the Court (Grand Chamber) of 22 February 2022
ECLI:EU:C:2022:103 |
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Case C-430/21 Proceedings brought by RS (Effect of the decisions of a constitutional court)
Reference for a preliminary ruling – Rule of law – Independence of the judiciary – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Primacy of EU law – Lack of jurisdiction of a national court to examine the conformity with EU law of national legislation found to be constitutional by the constitutional court of the Member State concerned – Disciplinary proceedings
Request for a preliminary ruling from the Curtea de Apel Craiova
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Collins delivered on 20 January 2022
ECLI:EU:C:2022:44 |
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Judgment of the Court (Grand Chamber) of 22 February 2022
ECLI:EU:C:2022:99 |
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Joined Cases C-562/21 PPU and C-563/21 PPU X and Y v Openbaar Ministerie (Tribunal established by law in the issuing Member State)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Surrender procedures between Member States – Conditions for execution – Charter of Fundamental Rights of the European Union – Second paragraph of Article 47 – Fundamental right to a fair trial before an independent and impartial tribunal previously established by law – Systemic or generalised deficiencies – Two-step examination – Criteria for application – Obligation of the executing judicial authority to determine, specifically and precisely, whether there are substantial grounds for believing that the person in respect of whom a European arrest warrant has been issued, if surrendered, runs a real risk of breach of his or her fundamental right to a fair trial before an independent and impartial tribunal previously established by law
Requests for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Rantos delivered on 16 December 2021
ECLI:EU:C:2021:1019 |
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Judgment of the Court (Grand Chamber) of 22 February 2022
ECLI:EU:C:2022:100 |
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Case C-649/21 P(I) Fastweb v Commission
Appeal – Intervention – Competition – Concentrations – Decision declaring a concentration to be compatible with the internal market and the Agreement on the European Economic Area, subject to compliance with certain commitments – Undertaking operating on the markets concerned by the concentration – Interest in the result of the case – Admission to intervene
Language of the case: English
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Rectification order of 23 March 2022
ECLI:EU:C:2022:205 |
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Order of the Vice-President of the Court of 22 February 2022
ECLI:EU:C:2022:171 |
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Joined Cases C-143/20 and C-213/20 A v O and G.W. and E..S. v A. Towarzystwo Ubezpieczeń Życie ('Unit-linked' assurance contracts)
References for a preliminary ruling – Freedom to provide services – Direct life assurance – Unit-linked life assurance contracts – Directive 2002/83/EC – Article 36 – Directive 2002/92/EC – Article 12, paragraph 3 – Pre-contractual information disclosure obligation – Information on the nature of the assets underlying unit-linked assurance contracts – Scope – Extent – Directive 2005/29/EC – Article 7 – Unfair commercial practices – Misleading omissions
Requests for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Woli w Warszawie
Language of the case: Polish
| Summary |
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Opinion of Advocate General Bobek delivered on 2 September 2021
ECLI:EU:C:2021:687 |
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Judgment of the Court (Third Chamber) of 24 February 2022
ECLI:EU:C:2022:118 |
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Case C-175/20 SS v Valsts ieņēmumu dienests (Processing of personal data for tax purposes)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 2 – Scope – Article 4 – Concept of ‘processing’ – Article 5 – Principles relating to processing – Purpose limitation – Data minimisation – Article 6 – Lawfulness of processing – Processing necessary for the performance of a task carried out in the public interest by the controller – Processing necessary for compliance with a legal obligation to which the controller is subject – Article 23 – Limitations – Processing of data for tax purposes – Request for the disclosure of information relating to vehicle sale advertisements placed online – Proportionality
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Bobek delivered on 2 September 2021
ECLI:EU:C:2021:690 |
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Judgment of the Court (Fifth Chamber) of 24 February 2022
ECLI:EU:C:2022:124 |
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Case C-226/20 P Eurofer v Commission
Appeal – Dumping – Imports of hot-rolled flat products of iron, non-alloy or other alloy steel originating in Brazil, Iran, Russia, Serbia and Ukraine – Termination of the proceedings against imports originating in Serbia – Determination of injury – Cumulative assessment of the effects of imports from more than one third country – Regulation (EU) 2016/1036 – Article 3(4) – Termination of the proceedings without measures – Article 9(2) – ‘Negligible’ imports – De minimis threshold – European Commission’s discretion
Language of the case: English
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 2 September 2021
ECLI:EU:C:2021:689 |
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Judgment of the Court (Fourth Chamber) of 24 February 2022
ECLI:EU:C:2022:122 |
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Case C-257/20 'Viva Telecom Bulgaria' v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling – Taxation – Withholding tax on notional interest on an interest-free loan granted to a resident subsidiary by a non-resident parent company – Directive 2003/49/EC – Payments of interest between associated companies of different Member States – Article 1(1) – Exemption from withholding tax – Article 4(1)(d) – Exclusion of certain payments – Directive 2011/96/EU – Corporation tax – Article 1(1)(b) – Distribution of profits by a resident subsidiary to its non-resident parent company – Article 5 – Exemption from withholding tax – Directive 2008/7/EC – Raising of capital – Article 3 – Contributions of capital – Article 5(1)(a) – Indirect tax exemption – Articles 63 and 65 TFEU – Free movement of capital – Taxation of the gross amount of notional interest – Recovery procedure for the purposes of the deduction of expenses related to the grant of the loan and a possible refund – Difference in treatment – Justification – Balanced allocation of the power to impose taxes between the Member States – Effective collection of tax – Combating of tax avoidance
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Rantos delivered on 30 September 2021
ECLI:EU:C:2021:779 |
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Judgment of the Court (Fifth Chamber) of 24 February 2022
ECLI:EU:C:2022:125 |
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Case C-262/20 VB v Glavna direktsia 'Pozharna bezopasnost i zashtita na naselenieto'
Reference for a preliminary ruling – Social policy – Organisation of working time – Directive 2003/88/EC – Article 8 – Article 12(а) – Articles 20 and 31 of the Charter of Fundamental Rights of the European Union – Reduction of the normal duration of night work in relation to day work – Public-sector workers and private-sector workers – Equal treatment
Request for a preliminary ruling from the Rayonen sad Lukovit
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 2 September 2021
ECLI:EU:C:2021:686 |
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Judgment of the Court (Second Chamber) of 24 February 2022
ECLI:EU:C:2022:117 |
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Case C-283/20 CO and Others v MJ and Others
Reference for a preliminary ruling – Common Foreign and Security Policy (CFSP) – European Union Rule of Law Mission in Kosovo (Eulex Kosovo) – Joint Action 2008/124/CFSP – Article 8(3) and (5), Article 9(3) and Article 10(3) – Status of employer of the mission staff – Article 16(5) – Subrogation
Request for a preliminary ruling from the Tribunal du travail francophone de Bruxelles
Language of the case: French
| Summary |
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Opinion of Advocate General Tanchev delivered on 30 September 2021
ECLI:EU:C:2021:781 |
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Judgment of the Court (Fifth Chamber) of 24 February 2022
ECLI:EU:C:2022:126 |
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Case C-290/20 Latvijas Gāze
Reference for a preliminary ruling – Internal market in natural gas – Directive 2009/73/EC – Article 2(3) – Concept of ‘transmission’ – Article 23 – Decision-making powers regarding the connection of storage facilities, liquid natural gas regasification facilities and industrial customers to the transmission system – Article 32(1) – Access to the network for third parties – Possibility of direct connection for final customers to the natural gas transmission system
Request for a preliminary ruling from the Satversmes tiesa
Language of the case: Latvian
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 6 October 2021
ECLI:EU:C:2021:825 |
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Judgment of the Court (Third Chamber) of 24 February 2022
ECLI:EU:C:2022:119 |
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Case C-389/20 CJ v TGSS (Domestic worker unemployment)
Reference for a preliminary ruling – Equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1) – Prohibition of any discrimination on grounds of sex – Domestic workers – Protection in respect of unemployment – Exclusion – Particular disadvantage to female workers – Legitimate social policy objectives – Proportionality
Request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo nº 2 de Vigo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Szpunar delivered on 30 September 2021
ECLI:EU:C:2021:777 |
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Judgment of the Court (Third Chamber) of 24 February 2022
ECLI:EU:C:2022:120 |
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Case C-451/20 Airhelp v Austrian Airlines (Delay of re-routing flight )
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 3(1) – Scope – Flight with connecting flight departing from and arriving in a third country – Single reservation through a Community air carrier – Stopover in the territory of a Member State – Article 5(1)(c)(iii) and Article 7 – Delayed alternative flight – Taking into account of the actual arrival time for the purposes of compensation
Request for a preliminary ruling from the Landesgericht Korneuburg
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 6 October 2021
ECLI:EU:C:2021:829 |
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Judgment of the Court (Fourth Chamber) of 24 February 2022
ECLI:EU:C:2022:123 |
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Case C-452/20 PJ v Agenzia delle dogane e dei monopoli and Ministero dell'Economia e delle Finanze
Reference for a preliminary ruling – Approximation of laws – Directive 2014/40/EU – Article 23(3) – World Health Organisation Framework Convention on Tobacco Control – Prohibition on selling tobacco products to minors – Rules on penalties – Effective, proportionate and dissuasive penalties – Obligation on sellers of tobacco products to verify the buyer’s age when selling those products – Fine – Operation of a tobacconist’s shop – Suspension of trading licence for a period of 15 days – Principle of proportionality – Precautionary principle
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Szpunar delivered on 14 October 2021
ECLI:EU:C:2021:855 |
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Judgment of the Court (First Chamber) of 24 February 2022
ECLI:EU:C:2022:111 |
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Case C-463/20 Namur-Est Environnement v Région wallonne
Request for a preliminary ruling – Environment – Directive 2011/92/EU – Assessment of the effects of certain projects on the environment – Directive 92/43/EEC – Conservation of natural habitats – Relationship between the assessment and consent procedure referred to in Article 2 of Directive 2011/92/EU and a national procedure for derogation from the species protection measures provided for by Directive 92/43/EEC – Concept of ‘development consent’ – Multi-stage decision-making process – Obligation to conduct an assessment – Material scope – Stage of the procedure at which public participation in the decision-making process must be ensured
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 21 October 2021
ECLI:EU:C:2021:868 |
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Judgment of the Court (Third Chamber) of 24 February 2022
ECLI:EU:C:2022:121 |
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Case C-532/20 Alstom Transport v Compania Naţională de Căi Ferate CFR and Others
Reference for a preliminary ruling – Directive 92/13/EEC – Procurement procedures of entities operating in the water, energy, transport and telecommunications sectors – Article 1(1) and (3) – Access to review procedures – Article 2c – Time limits for applying for review – Calculation – Review of a decision allowing a tenderer to participate
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
| Summary |
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Judgment of the Court (Ninth Chamber) of 24 February 2022
ECLI:EU:C:2022:128 |
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Case C-536/20 Tiketa v M. Š. and Baltic Music
Reference for a preliminary ruling – Directive 2011/83/EU – Consumer contracts – Concept of ‘trader’ – Obligation to provide information in respect of distance contracts – Requirement that the necessary information be provided in plain and intelligible language and on a durable medium
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
| Summary |
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Judgment of the Court (Fourth Chamber) of 24 February 2022
ECLI:EU:C:2022:112 |
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Case C-563/20 ORLEN KolTrans v Prezes Urzędu Transportu Kolejowego
Reference for a preliminary ruling – Rail transport – Directive 2001/14/EC – Article 4 – Setting of infrastructure charges by decision of the manager – Article 30(2) – Railway undertakings’ right to bring an administrative action – Article 30(6) – Judicial review of the decisions of the regulatory body
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
| Summary |
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Judgment of the Court (Fourth Chamber) of 24 February 2022
ECLI:EU:C:2022:113 |
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Case C-582/20 SC Cridar Cons v Administraţia Judeţeană a Finanţelor Publice Cluj and Direcţia Generală Regională a Finanţelor Publice Cluj-Napoca
Reference for a preliminary ruling – Common system of value added tax – Directive 2006/112/EC – Articles 167 and 168 – Right to deduction – Refusal – Tax evasion – Evaluation of evidence – Suspension of examination of an administrative complaint relating to a notice of assessment refusing a right to deduction, pending the outcome of criminal proceedings – Procedural autonomy of the Member States – Principle of fiscal neutrality – Right to good administration – Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
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Judgment of the Court (Fifth Chamber) of 24 February 2022
ECLI:EU:C:2022:114 |
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Case C-605/20 Suzlon Wind Energy Portugal - Energia Eólica Unipessoal v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Applicability ratione temporis – Supplies subject to VAT – Supplies of services for consideration – Criteria – Intra-group relationship – Supplies consisting in repairing or replacing components of wind turbines under warranty and preparing non-compliance reports – Debit notes issued by the supplier of services with no reference to VAT – Deduction by the supplier of the VAT charged on the goods and services for which it has been invoiced by its subcontractors in respect of those supplies
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
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Judgment of the Court (Seventh Chamber) of 24 February 2022
ECLI:EU:C:2022:116 |
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Joined Cases C-52/21 and C-53/21 Pharmacie populaire - La Sauvegarde v État belge and Pharma Santé – Réseau Solidaris v Belgian State
Reference for a preliminary ruling – Freedom to provide services – Article 56 TFEU – Restrictions – Tax legislation – Corporation tax – Obligation on purchasers of services to draw up and submit supporting documents to the tax authorities concerning amounts invoiced by service providers established in another Member State – No such obligation regarding purely domestic supplies of services – Justification – Effectiveness of fiscal supervision – Proportionality
Requests for a preliminary ruling from the Cour d'appel de Liège
Language of the case: French
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Judgment of the Court (Seventh Chamber) of 24 February 2022
ECLI:EU:C:2022:127 |
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Information (on unpublished decisions)
Case C-322/21 P Macías Chávez and Others v Parliament and Spain
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for failure to act and for damages – Institutional law – European Parliament’s Committee on Petitions – Petition alleging infringement by the Spanish courts of EU law in the field of fundamental rights – Decision to declare the petition closed – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Tenth Chamber) of 1 February 2022 ECLI:EU:C:2022:80 |
Case C-121/21 Czech Republic v Poland (Turów mine)
Removal from the Register
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Order of the Court (Grand Chamber) of 4 February 2022 ECLI:EU:C:2022:82 |
Case C-672/21 P Eos Products v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 4 February 2022 ECLI:EU:C:2022:81 |
Case C-610/21 P Svenska Metallkompaniet v EUIPO
Appeal – EU trade mark – Article 170a(1) of the Rules of Procedure of the Court of Justice – No request that the appeal be allowed to proceed – Appeal inadmissible
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Order of the Vice-President of the Court of 11 February 2022 ECLI:EU:C:2022:107 |
Case C-611/21 P Bese v EUIPO
Appeal – EU trade mark – Article 170a(1) of the Rules of Procedure of the Court of Justice – No request that the appeal be allowed to proceed – Appeal inadmissible
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Order of the Vice-President of the Court of 11 February 2022 ECLI:EU:C:2022:108 |
Case C-558/17 P-DEP OZ v EIB
Taxation of costs
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Order of the Court (Eighth Chamber) of 21 February 2022 ECLI:EU:C:2022:140 |
Case C-550/21 Leonardo v Agenzia delle Entrate - Direzione Regionale del Lazio
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Common system of value added tax – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Tenth Chamber) of 21 February 2022 ECLI:EU:C:2022:139 |
Case C-539/20 P-REV Hochmann Marketing v Commission
Application for revision – Article 159 of the Rules of Procedure of the Court of Justice – Conditions – Manifest inadmissibility
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Order of the Court (Ninth Chamber) of 22 February 2022 ECLI:EU:C:2022:110 |
Case C-674/21 P Residencial Palladium v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals should proceed) of 22 February 2022 ECLI:EU:C:2022:170 |
Case C-679/21 P Sony Interactive Entertainment Europe v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 22 February 2022 ECLI:EU:C:2022:109 |
Case C-364/20 P Bernis and Others v SRB
Appeal – Economic and monetary union – Banking union – Recovery and resolution of credit institutions and investment firms – Single resolution mechanism for credit institutions and certain investment firms (SRM) – Regulation (EU) No 806/2014 – Article 18 – Resolution procedure – Declaration by the European Central Bank (ECB) that an entity is failing or is likely to fail – Decision of the Single Resolution Board (SRB) not to adopt a resolution scheme – Lack of public interest – Winding up in accordance with national law – Shareholders – Lack of direct concern – Inadmissibility
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Judgment of the Court (Seventh Chamber) of 24 February 2022 ECLI:EU:C:2022:115 |
Case C-678/21 P Sony Interactive Entertainment Europe v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 24 February 2022 ECLI:EU:C:2022:141 |
March 2022
Case C-275/20 Commission v Council (Agreement with the Republic of Korea)
Action for annulment – Decision (EU) 2020/470 – Extension of the period of entitlement for audiovisual co-productions as provided for in Article 5 of the Protocol on Cultural Cooperation to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part – Procedural legal basis – Article 218(7) TFEU – Applicable procedure and voting rule
Language of the case: English
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 28 October 2021
ECLI:EU:C:2021:882 |
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Judgment of the Court (Grand Chamber) of 1 March 2022
ECLI:EU:C:2022:142 |
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Case C-162/20 P WV v EEAS
Appeal – Civil service – Officials – Staff Regulations of Officials of the European Union – Article 60, first paragraph – Unauthorised absence – Scope – Deduction from annual leave – Withholding of salary – Official who has failed to fulfil his or her obligations under Articles 21 and 55 of the Staff Regulations
Language of the case: French
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 3 June 2021
ECLI:EU:C:2021:459 |
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Judgment of the Court (Seventh Chamber) of 3 March 2022
ECLI:EU:C:2022:153 |
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Case C-349/20 NB and AB v Secretary of State for the Home Department (Refugee status of a stateless person of Palestinian origin)
Reference for a preliminary ruling – Common policy on asylum and immigration – Standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection – Directive 2004/83/EU – Article 12 – Exclusion from being a refugee – Stateless person of Palestinian origin registered with the United Nations Relief and Works Agency (for Palestine Refugees in the Near East) (UNRWA) – Conditions to be entitled ipso facto to the benefits of Directive 2004/83/EC – Cessation of UNRWA’s protection or assistance
Request for a preliminary ruling from the First-tier Tribunal (Immigration and Asylum Chamber)
Language of the case: English
| Summary |
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Opinion of Advocate General Hogan delivered on 6 October 2021
ECLI:EU:C:2021:826 |
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Judgment of the Court (Third Chamber) of 3 March 2022
ECLI:EU:C:2022:151 |
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Case C-409/20 UN v Subdelegación del Gobierno en Pontevedra (Fine in the event of illegal stay)
Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2008/115/EC – Common standards and procedures in Member States for returning illegally staying third-country nationals – Article 6(1) and Article 8(1) – National legislation providing for the imposition, in the event of illegal stay, of a fine together with an obligation to leave the territory – Possibility of regularising the stay within a prescribed period – Article 7(1) and (2) – Period for voluntary departure
Request for a preliminary ruling from the Juzgado Contencioso Administrativo de Pontevedra
Language of the case: Spanish
| Summary |
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Judgment of the Court (Third Chamber) of 3 March 2022
ECLI:EU:C:2022:148 |
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Case C-421/20 Acacia v Bayerische Motoren Werke
Reference for a preliminary ruling – Intellectual property – Community designs – Regulation (EC) No 6/2002 – Article 82(5) – Action brought before the courts of the Member State in which an act of infringement has been committed or threatened – Claims supplementary to the action for infringement – Applicable law – Article 88(2) – Article 89(1)(d) – Regulation (EC) No 864/2007 – Law applicable to non-contractual obligations (Rome II) – Article 8(2) – Country in which the intellectual property right was infringed
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 28 October 2021
ECLI:EU:C:2021:886 |
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Judgment of the Court (Fifth Chamber) of 3 March 2022
ECLI:EU:C:2022:152 |
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Case C-590/20 Presidenza del Consiglio dei Ministri and Others v UK and Others (Trainee specialist doctors)
Reference for a preliminary ruling – Coordination of provisions laid down by law, regulation or administrative action in respect of activities of doctors – Directives 75/363/EEC and 82/76/EEC – Specialist medical training – Appropriate remuneration – Application of Directive 82/76/EEC to training begun before its entry into force and continuing after the date of expiry of the period prescribed for its transposition
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Judgment of the Court (Eighth Chamber) of 3 March 2022
ECLI:EU:C:2022:150 |
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Case C-634/20 Proceedings brought by A (Basic medical training)
Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Scope – Conditions for obtaining authorisation to pursue the profession of doctor independently in the host Member State – Diploma issued in the home Member State – Right to pursue the profession of doctor limited to a period of three years – Supervision of a licensed doctor and concomitant completion of three years of special training in general medical practice – Articles 45 and 49 TFEU
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Judgment of the Court (Sixth Chamber) of 3 March 2022
ECLI:EU:C:2022:149 |
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Case C-551/21 Commission v Council
Intervention – Article 40 of the Statute of the Court of Justice of the European Union – Application by the High Representative of the Union for Foreign Affairs and Security Policy – Interest in the result of the case – Allowed
Language of the case: English
| Summary |
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Order of the President of the Court of 3 March 2022
ECLI:EU:C:2022:163 |
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Case C-213/19 Commission v United Kingdom (Action to counter undervaluation fraud)
Failure of a Member State to fulfil obligations – Article 4(3) TEU – Article 310(6) and Article 325 TFEU – Own resources – Customs duties – Value added tax (VAT) – Protection of the financial interests of the European Union – Combating fraud – Principle of effectiveness – Obligation for Member States to make own resources available to the European Commission – Financial liability of Member States in the event of losses of own resources – Imports of textiles and footwear from China – Large-scale and systematic fraud – Organised crime – Missing importers – Customs value – Undervaluation – Taxable amount for VAT purposes – Lack of systematic customs controls based on risk analysis and carried out prior to the release of the goods concerned – No systematic provision of security – Method used to estimate the amount of traditional own resources losses in respect of imports presenting a significant risk of undervaluation – Statistical method based on the average price determined at EU level – Whether permissible
Language of the case: English
| Summary |
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Opinion of Advocate General Pikamäe delivered on 9 September 2021
ECLI:EU:C:2021:724 |
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Judgment of the Court (Grand Chamber) of 8 March 2022
ECLI:EU:C:2022:167 |
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Case C-205/20 NE v Bezirkshauptmannschaft Hartberg-Fürstenfeld (Direct effect)
Reference for a preliminary ruling – Freedom to provide services – Posting of workers – Directive 2014/67/EU – Article 20 – Penalties – Proportionality – Direct effect – Principle of the primacy of EU law
Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark
Language of the case: German
| Summary |
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Opinion of Advocate General Bobek delivered on 23 September 2021
ECLI:EU:C:2021:759 |
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Judgment of the Court (Grand Chamber) of 8 March 2022
ECLI:EU:C:2022:168 |
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Joined Cases C-167/19 P and C-171/19 P Commission v Freistaat Bayern and Others
Appeal – State aid – Aid in favour of the German dairy sector – Financing of milk quality tests – Article 108(2) TFUE – Decision to initiate the formal investigation procedure – Regulation (EC) No 659/1999 – Article 6(1) – Obligation for the European Commission to summarise the relevant issues of fact and law in that decision – Scope – Rights of interested parties to be involved in the administrative procedure – Breach of an essential procedural requirement – Consequences for the lawfulness of the final decision
Language of the case: German
| Summary |
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Opinion of Advocate General Tanchev delivered on 15 July 2021
ECLI:EU:C:2021:626 |
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Judgment of the Court (Fourth Chamber) of 10 March 2022
ECLI:EU:C:2022:176 |
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Case C-177/20 'Grossmania' Mezőgazdasági Termelő és Szolgáltató v Vas Megyei Kormányhivatal
Reference for a preliminary ruling – Principles of EU law – Primacy – Direct effect – Sincere cooperation – Article 4(3) TEU – Article 63 TFEU – Obligations on a Member State as a result of a preliminary ruling – Interpretation of a provision of EU law given by the Court in a preliminary ruling – Obligation to give full effect to EU law – Obligation for a national court to disapply national legislation which is contrary to EU law as interpreted by the Court – Administrative decision which became final in the absence of a challenge before the courts – Principles of equivalence and effectiveness – Liability of the Member State
Request for a preliminary ruling from the Győri Közigazgatási és Munkaügyi Bíróság
Language of the case: Hungarian
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Opinion of Advocate General Tanchev delivered on 16 September 2021
ECLI:EU:C:2021:748 |
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Judgment of the Court (Third Chamber) of 10 March 2022
ECLI:EU:C:2022:175 |
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Case C-247/20 VI v Commissioners for Her Majesty's Revenue and Customs (Comprehensive sickness insurance cover)
Reference for a preliminary ruling – Right to move and reside freely within the territory of the Member States – Article 21 TFEU – Directive 2004/38/EC – Article 7(1)(b) and Article 16 – Child who is a national of a Member State residing in another Member State – Right of residence derived from the parent who is the primary carer of that child – Requirement of comprehensive sickness insurance cover – Child having a permanent right of residence for part of the periods concerned
Request for a preliminary ruling from the Appeal Tribunal (Northern Ireland)
Language of the case: English
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Opinion of Advocate General Hogan delivered on 30 September 2021
ECLI:EU:C:2021:778 |
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Judgment of the Court (Fifth Chamber) of 10 March 2022
ECLI:EU:C:2022:177 |
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Case C-498/20 ZK v BMA Braunschweigische Maschinenbauanstalt
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Article 7(2) – Jurisdiction in matters relating to tort, delict or quasi-delict – Claim made by a liquidator against a third party in the interests of creditors – Place where the harmful event occurred – Article 8(2) – Application to intervene by a defendant of collective interests – Regulation (EC) No 864/2007 – Scope – General rule
Request for a preliminary ruling from the Rechtbank Midden-Nederland
Language of the case: Dutch
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 28 October 2021
ECLI:EU:C:2021:888 |
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Judgment of the Court (Eighth Chamber) of 10 March 2022
ECLI:EU:C:2022:173 |
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Case C-519/20 Proceedings brought by K
Reference for a preliminary ruling – Immigration policy – Directive 2008/115/CE – Detention for the purpose of removal – Article 16(1) – Direct effect – Specialised detention facility – Concept – Detention in prison accommodation – Conditions – Article 18 – Emergency situation – Concept – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial review
Request for a preliminary ruling from the Amtsgericht Hannover
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 25 November 2021
ECLI:EU:C:2021:958 |
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Judgment of the Court (Fifth Chamber) of 10 March 2022
ECLI:EU:C:2022:178 |
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Case C-183/21 Maxxus Group v Globus Holding
Reference for a preliminary ruling – Approximation of laws – Trade marks – Directive (EU) 2015/2436 – Article 19 – Genuine use of a trade mark – Burden of proof – Application to revoke for non-use – National procedural rule obliging the applicant to carry out market research concerning use of the mark
Request for a preliminary ruling from the Landgericht Saarbrücken
Language of the case: German
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Judgment of the Court (Tenth Chamber) of 10 March 2022
ECLI:EU:C:2022:174 |
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Case C-302/20 A v Autorité des marchés financiers
Reference for a preliminary ruling – Single Market for financial services – Market abuse – Directives 2003/6/EC and 2003/124/EC – ‘Inside information’ – Concept – Information ‘of a precise nature’ – Information relating to the forthcoming publication of a press article reporting a market rumour about an issuer of financial instruments – Unlawfulness of the disclosure of inside information – Exceptions – Regulation (EU) No 596/2014 – Article 10 – Disclosure of inside information in the normal exercise of a profession – Article 21 – Disclosure of inside information for the purpose of journalism – Freedom of the press and freedom of expression – Disclosure by a journalist, to a usual source, of information relating to the forthcoming publication of a press article
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
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Opinion of Advocate General Kokott delivered on 16 September 2021
ECLI:EU:C:2021:747 |
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Judgment of the Court (Grand Chamber) of 15 March 2022
ECLI:EU:C:2022:190 |
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Case C-545/19 AllianzGI-Fonds AEVN v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Taxation of dividends paid to undertakings for collective investment (UCIs) – Resident and non-resident UCIs – Difference in treatment – Withholding tax imposed solely on dividends paid to non-resident UCIs – Comparability of the situations – Assessment – Account to be taken of the tax regime applicable to shareholders or unitholders in UCIs and of whether resident undertakings are subject to other taxes – None
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
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Opinion of Advocate General Kokott delivered on 6 May 2021
ECLI:EU:C:2021:372 |
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Judgment of the Court (Second Chamber) of 17 March 2022
ECLI:EU:C:2022:193 |
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Case C-232/20 NP v Daimler, Mercedes-Benz Werk Berlin
Reference for a preliminary ruling – Social policy – Directive 2008/104/EC – Temporary agency work – Article 1(1) – ‘Temporarily’ assigned – Concept – Occupation of a permanent job – Article 5(5) – Successive assignments – Article 10 – Penalties – Article 11 – Derogation by the social partners from the maximum period set by the national legislature
Request for a preliminary ruling from the Landesarbeitsgericht Berlin-Brandenburg
Language of the case: German
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Opinion of Advocate General Tanchev delivered on 9 September 2021
ECLI:EU:C:2021:727 |
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Judgment of the Court (Second Chamber) of 17 March 2022
ECLI:EU:C:2022:196 |
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Case C-508/19 M.F. v J.M. (Disciplinary Chamber of the Supreme Court - Appointment)
Reference for a preliminary ruling – Article 267 TFEU – Interpretation sought by the referring court necessary to enable it to give judgment – Concept – Disciplinary proceedings brought against a judge of an ordinary court – Designation of the disciplinary court having jurisdiction to hear those proceedings by the President of the Disciplinary Chamber of the Sąd Najwyższy (Supreme Court, Poland) – Civil action for a declaration that a service relationship does not exist between the President of that disciplinary chamber and the Supreme Court – Lack of jurisdiction of the referring court to review the validity of the appointment of a Supreme Court judge and inadmissibility of such an action under national law – Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
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Opinion of Advocate General Tanchev delivered on 15 April 2021
ECLI:EU:C:2021:290 |
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Judgment of the Court (Grand Chamber) of 22 March 2022
ECLI:EU:C:2022:201 |
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Case C-117/20 bpost v Autorité belge de la concurrence
Reference for a preliminary ruling – Competition – Postal services – Tariff system adopted by a universal service provider – Fine imposed by a national postal regulator – Fine imposed by a national competition authority – Charter of Fundamental Rights of the European Union – Article 50 – Non bis in idem principle – Existence of the same offence – Article 52(1) – Limitations to the non bis in idem principle – Duplication of proceedings and penalties – Conditions – Pursuit of an objective of general interest – Proportionality
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
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Opinion of Advocate General Bobek delivered on 2 September 2021
ECLI:EU:C:2021:680 |
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Judgment of the Court (Grand Chamber) of 22 March 2022
ECLI:EU:C:2022:202 |
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Case C-151/20 Bundeswettbewerbsbehörde v Nordzucker and Others
Reference for a preliminary ruling – Competition – Article 101 TFEU – Cartel prosecuted by two national competition authorities – Charter of Fundamental Rights of the European Union – Article 50 – Non bis in idem principle – Existence of the same offence – Article 52(1) – Limitations to the non bis in idem principle – Conditions – Pursuit of an objective of general interest – Proportionality
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Opinion of Advocate General Bobek delivered on 2 September 2021
ECLI:EU:C:2021:681 |
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Judgment of the Court (Grand Chamber) of 22 March 2022
ECLI:EU:C:2022:203 |
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Joined Cases C-529/18 P and C-531/18 P PJ and PC v EUIPO
Appeal – Principles of EU law – Article 19 of the Statute of the Court of Justice of the European Union – Representation of the parties in direct actions before the Courts of the European Union – Lawyer representing the applicant as a third party – Requirement of independence – Lawyer working as an associate in a law firm – Article 47 of the Charter of Fundamental Rights of the European Union
Language of the case: German
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Judgment of the Court (Third Chamber) of 24 March 2022
ECLI:EU:C:2022:218 |
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Case C-245/20 X and Z v Autoriteit Persoonsgegevens
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Competence of the supervisory authority – Article 55(3) – Processing operations of courts acting in their judicial capacity – Concept – Making available to a journalist of documents arising from court proceedings containing personal data
Request for a preliminary ruling from the Rechtbank Midden-Nederland
Language of the case: Dutch
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Opinion of Advocate General Bobek delivered on 6 October 2021
ECLI:EU:C:2021:822 |
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Judgment of the Court (First Chamber) of 24 March 2022
ECLI:EU:C:2022:216 |
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Case C-433/20 Austro-Mechana v Strato
Reference for a preliminary ruling – Harmonisation of certain aspects of copyright and related rights in the information society – Directive 2001/29/EC – Article 2 – Reproduction – Article 5(2)(b) – Private copying exception – Concept of ‘any medium’ – Servers owned by third parties made available to natural persons for private use – Fair compensation – National legislation that does not make the providers of cloud computing services subject to the private copying levy
Request for a preliminary ruling from the Oberlandesgericht Wien
Language of the case: German
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Opinion of Advocate General Hogan delivered on 23 September 2021
ECLI:EU:C:2021:763 |
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Judgment of the Court (Second Chamber) of 24 March 2022
ECLI:EU:C:2022:217 |
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Case C-533/20 Somogy Megyei Kormányhivatal v Upfield Hungary
Reference for a preliminary ruling – Consumer protection – Regulation (EU) No 1169/2011 – Provision of food information to consumers – Labelling – Mandatory particulars – List of ingredients – Specific name of those ingredients – Addition of a vitamin to a food – Obligation to indicate the specific name of that vitamin – No obligation to indicate the vitamin formulation used
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
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Opinion of Advocate General Medina delivered on 16 December 2021
ECLI:EU:C:2021:1027 |
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Judgment of the Court (Seventh Chamber) of 24 March 2022
ECLI:EU:C:2022:211 |
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Case C-697/20 W.G. v Dyrektor Izby Skarbowej w L. (Loss of flat-rate farmer status)
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 9 – Taxable person – Articles 295 and 296 – Flat-rate scheme for farmers – Spouses engaged in an agricultural activity using property forming part of the marital community of property – Possibility for those spouses to be regarded as separate taxable persons for VAT purposes – Choice on the part of one of the spouses to give up flat-rate farmer status and to bring her activity under the normal VAT arrangements – Loss of flat-rate farmer status for the other spouse
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Judgment of the Court (Sixth Chamber) of 24 March 2022
ECLI:EU:C:2022:210 |
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Case C-711/20 TanQuid Polska v Generální ředitelství cel
Reference for a preliminary ruling – Excise duties – Directive 92/12/EC – Article 4 – Movement of products under excise duty suspension – Conditions – Articles 6 and 20 – Release of products for consumption – Falsification of the accompanying administrative document – Offence or irregularity committed in the course of the movement of products subject to excise duty under a duty suspension arrangement – Irregular departure of products from a suspension arrangement – Consignee unaware of the movement – Fraud committed by a third party – Article 13(a) and Article 15(3) – Compulsory guarantee to cover movement – Scope
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
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Judgment of the Court (Tenth Chamber) of 24 March 2022
ECLI:EU:C:2022:215 |
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Case C-723/20 Galapagos BidCo. v DE and Others
Reference for a preliminary ruling – Regulation (EU) 2015/848 – Insolvency proceedings – Article 3(1) – International jurisdiction – Moving of the centre of a debtor’s main interests to another Member State after a request to open main insolvency proceedings has been lodged
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Judgment of the Court (Fifth Chamber) of 24 March 2022
ECLI:EU:C:2022:209 |
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Case C-726/20 CT and Ferme de la Sarte v Région wallonne
Reference for a preliminary ruling – Common agricultural policy (CAP) – European Agricultural Fund for Rural Development (EAFRD) funding – Regulation (EU) No 1305/2013 – Article 17(1)(b) – Investment support concerning the processing, marketing and/or development of agricultural products covered by Annex I to the TFEU – Concept of ‘agricultural products’ – Concept of ‘live trees’ and ‘other plants; bulbs, roots and the like; cut flowers and ornamental foliage’ – Turf rolls for the fitting-out of green roofs
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Judgment of the Court (Eighth Chamber) of 24 March 2022
ECLI:EU:C:2022:212 |
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Case C-130/21 P Wagenknecht v Commission
Appeal – Protection of the European Union’s financial interests – Combating fraud – Multiannual Financial Framework – Alleged conflict of interest of the Prime Minister of the Czech Republic – Request to prevent the latter from meeting with the College of European Commissioners – Request to stop direct payments in the EU budget in favour of certain agri-food groups – Action for failure to act – Alleged failure to act by the European Commission – Composition of the General Court of the European Union – Alleged lack of impartiality – Application inadmissible – Definition of position – Locus standi – Interest in bringing proceedings
Language of the case: English
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Judgment of the Court (Eighth Chamber) of 24 March 2022
ECLI:EU:C:2022:226 |
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Case C-132/20 BN and Others v Getin Noble Bank
Reference for a preliminary ruling – Admissibility – Article 267 TFEU – Concept of court – Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Rule of law – Effective judicial protection – Principle of judicial independence – Tribunal previously established by law – Judicial body, a member of which was appointed for the first time to the position of judge by a political body within the executive branch of an undemocratic regime – Way in which the Krajowa Rada Sądownictwa (National Council of the Judiciary, Poland) operates – Unconstitutionality of the law on the basis of which that council was composed – Possibility of regarding that body as an impartial and independent court or tribunal within the meaning of EU law
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
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Opinion of Advocate General Bobek delivered on 8 July 2021
ECLI:EU:C:2021:557 |
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Judgment of the Court (Grand Chamber) of 29 March 2022
ECLI:EU:C:2022:235 |
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Case C-139/20 Commission v Poland (Taxation of energy products)
Failure of a Member State to fulfil obligations – Taxation of energy products used by energy-intensive businesses – Directive 2003/96/EC – Article 17(1)(b) and (4) – Businesses covered by the EU Emissions Trading System – Exemption from excise duty
Language of the case: Polish
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Opinion of Advocate General Hogan delivered on 30 September 2021
ECLI:EU:C:2021:776 |
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Judgment of the Court (First Chamber) of 31 March 2022
ECLI:EU:C:2022:240 |
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Case C-472/20 Lombard Pénzügyi és Lízing v PN
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms – Credit agreements – Loan denominated in a foreign currency repayable in national currency – Contractual term placing the exchange rate risk on the consumer – Unfairness of a term relating to the main subject matter of the agreement – Effects – Invalidity of the agreement – Serious harm to the consumer – Effectiveness of Directive 93/13 – Non-binding opinion of the highest court – Possibility of restoring the parties to the situation they would have been in if that agreement had not been concluded
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Judgment of the Court (Sixth Chamber) of 31 March 2022
ECLI:EU:C:2022:242 |
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Case C-96/21 DM v CTS Eventim
Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Right of withdrawal for distance and off-premises contracts – Exceptions to the right of withdrawal – Article 16(l) – Provision of services related to leisure activities – Contract providing for a specific date or period of performance – Provision of ticket agency services – Intermediary acting in its name but on behalf of the organiser of a leisure activity – Risk associated with the exercise of the right of withdrawal
Request for a preliminary ruling from the Amtsgericht Bremen
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 31 March 2022
ECLI:EU:C:2022:238 |
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Case C-195/21 LB v Smetna palata na Republika Bulgaria
Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Applicability to a purely internal situation – Article 58(1) and (4) – Selection criteria – Technical and professional ability of the tenderers – Protection of the financial interests of the European Union – Council Regulation (EC, Euratom) No 2988/95 – Article 8(3) – Control measures – Possibility for national authorities protecting the financial interests of the European Union to assess differently a public procurement procedure
Request for a preliminary ruling from the Rayonen sad Lukovit
Language of the case: Bulgarian
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Judgment of the Court (Eighth Chamber) of 31 March 2022
ECLI:EU:C:2022:239 |
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Case C-231/21 IA v Bundesamt für Fremdenwesen und Asyl (Committal of an asylum seeker to a psychiatric hospital)
Reference for a preliminary ruling – Area of freedom, security and justice – Dublin system – Regulation (EU) No 604/2013 – Article 29(2) – Transfer of the asylum seeker to the Member State responsible for examining the application for international protection – Six-month time limit for transfer – Possibility of extending that time limit up to a maximum of one year in the event of imprisonment – Definition of ‘imprisonment’ – Court-authorised non-voluntary committal of the asylum seeker to a hospital psychiatric department
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 31 March 2022
ECLI:EU:C:2022:237 |
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Information (on unpublished decisions)
Joined Cases C-306/19, C-512/19, C-595/19 and C-608/20 to C-610/20 Milis Energy and Others v Presidenza del Consiglio dei Ministri and Others
References for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Environment – Charter of Fundamental Rights of the European Union – Articles 16 and 17 – Principles of legal certainty and protection of legitimate expectations – Energy Charter Treaty – Article 10 – Applicability – Directive 2009/28/EC – Article 3(3)(a) – Promotion of the use of energy from renewable sources – Production of electricity from solar photovoltaic installations – Amendment of an aid scheme
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Order of the Court (Tenth Chamber) of 1 March 2022 ECLI:EU:C:2022:164 |
Case C-239/21 P Fryč v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – State aid – Block exemption regulations – Printing sector – Aid programme granted by the Czech authorities in favour of certain undertakings – Commission decision approving that programme – Action for annulment dismissed on the ground that it was out of time – Action for damages – Damage allegedly caused by acts of the Commission and the Court of Justice – Application for legal aid – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Tenth Chamber) of 1 March 2022 ECLI:EU:C:2022:144 |
Case C-493/21 Criminal proceedings against K.M. (Sanctions imposed on the master of a vessel - II)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Common fisheries policy – Regulation (EC) No 1224/2009 – Control system for ensuring compliance with the rules of the common fisheries policy – Article 89 – Measures to ensure compliance – Article 90 – Criminal sanctions – Principle of proportionality – Interpretation of the judgment of 11 February 2021, K. M. (Sanctions imposed on the master of a vessel) (C‑77/20, EU:C:2021:112)
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Order of the Court (Eighth Chamber) of 1 March 2022 ECLI:EU:C:2022:191 |
Case C-526/21 P Vervloet and Vervloet-Mulder v AREB
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Requirement of clarity and precision of the pleas in law – Manifest inadmissibility
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Order of the Court (Eighth Chamber) of 1 March 2022 ECLI:EU:C:2022:145 |
Case C-171/20 P WV v EEAS
Appeal – Civil Service – Request for assistance – Claim for damages – Staff Regulations of Officials of the European Union – Article 24, paragraphs 1 and 2 – Article 90(1) and (2) – Review of an administrative measure which has become final
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Judgment of the Court (Seventh Chamber) of 3 March 2022 ECLI:EU:C:2022:154 |
Case C-172/20 P WV v EEAS
Appeal – Civil service – Request for assistance – Staff Regulations of Officials of the European Union – Article 90(1) and (2) – Date on which the request was made – Implied decision refusing the request – Complaint – Submission – Time period – Excusable error
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Judgment of the Court (Seventh Chamber) of 3 March 2022 ECLI:EU:C:2022:155 |
Case C-663/20 P SRB v Hypo Vorarlberg Bank
Appeal – Article 182 of the Rules of Procedure of the Court – Banking union – Single Resolution Mechanism (SRM) – Single Resolution Fund (SRF) – Calculation of the 2017 ex ante contributions – Authentication of a decision of the Single Resolution Board (SRB) – Obligation to state reasons – Confidential data
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Order of the Court (Sixth Chamber) of 3 March 2022 ECLI:EU:C:2022:162 |
Case C-664/20 P SRB v Portigon and Commission
Appeal – Article 182 of the Rules of Procedure of the Court – Banking union – Single Resolution Mechanism (SRM) – Single Resolution Fund (SRF) – Calculation of the 2017 ex ante contributions – Authentication of a decision of the Single Resolution Board (SRB) – Obligation to state reasons – Confidential data
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Order of the Court (Sixth Chamber) of 3 March 2022 ECLI:EU:C:2022:161 |
Case C-60/21 Commission v Belgium (Deduction of maintenance payments)
Failure of a Member State to fulfil obligations – Article 45 TFEU – Article 28 of the Agreement on the European Economic Area – Free movement of workers – Direct taxation – Income tax – Deductions – Maintenance annuities – Equal treatment – Discrimination between resident and non-resident taxpayers
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Judgment of the Court (Sixth Chamber) of 10 March 2022 ECLI:EU:C:2022:172 |
Case C-816/21 P Novais v Portugal
Appeal – Law governing the institutions – Article 265 TFEU – Action for failure to act brought against a national court – General Court clearly lacking jurisdiction – Appeal manifestly unfounded
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Order of the Court (Eighth Chamber) of 11 March 2022 ECLI:EU:C:2022:189 |
Case C-85/21 WY v Steiermärkische Landesregierung (Loss of nationality before accession of the Member State to the Union)
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Order of the Court (Ninth Chamber) of 15 March 2022 ECLI:EU:C:2022:192 |
Case C-503/21 P Krátky v Parliament and Others
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Consumer protection – Consumer contracts – Mortgage loan indexed to a foreign currency – Alleged failure by the European Parliament, the Council of the European Union and the European Commission to adopt the measures referred to in Article 169(2)(b) TFEU – Actions for damages – Causal link – None – Appeal manifestly unfounded
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Order of the Court (Ninth Chamber) of 22 March 2022 ECLI:EU:C:2022:251 |
Case C-454/20 Criminal proceedings against AZ
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Transport – Directive 1999/37/EC – Registration documents for vehicles – Directive 2014/45/EU – Periodic roadworthiness tests for motor vehicles – Article 49 of the Charter of Fundamental Rights of the European Union – Principles of legality and proportionality of criminal offences and penalties – Driving a motor vehicle which is not duly registered – Penalties – No implementation of EU law – Clear lack of jurisdiction of the Court
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Order of the Court (Sixth Chamber) of 23 March 2022 ECLI:EU:C:2022:228 |
Case C-730/21 P Collibra v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals should proceed) of 23 March 2022 ECLI:EU:C:2022:208 |
Case C-82/20 BNP Paribas Personal Finance v AN and CN
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Order of the Court (Eighth Chamber) of 24 March 2022 ECLI:EU:C:2022:233 |
Case C-288/20 BNP Paribas Personal Finance v ZD
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Order of the Court (Eighth Chamber) of 24 March 2022 ECLI:EU:C:2022:231 |
Case C-656/20 P Hermann Albers v Commission
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Judgment of the Court (Seventh Chamber) of 24 March 2022 ECLI:EU:C:2022:222 |
Case C-666/20 P GVN v Commission
Appeal – State aid – Concept of ‘aid’ – Public passenger transport – Compensating the costs related to the performance of public service obligations – Transfer of financial resources between public authorities – Obligation for the municipal transport authorities to determine reduced tariffs for students and apprentices – No advantage granted by the State to an undertaking – Concept of ‘undertaking’
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Judgment of the Court (Seventh Chamber) of 24 March 2022 ECLI:EU:C:2022:225 |
Case C-125/21 Commission v Ireland (Transposition of Framework Decision 2008/909/JHA)
Action for failure to fulfil obligations – Judicial cooperation in criminal matters – Mutual recognition of judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union – Framework Decision 2008/909/JHA – Failure to adopt the measures necessary to comply with the framework decision – Failure to notify to the European Commission
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Judgment of the Court (Eighth Chamber) of 24 March 2022 ECLI:EU:C:2022:213 |
Case C-126/21 Commission v Ireland (Transposition of Framework Decision 2009/829)
Action for failure to fulfil obligations – Judicial cooperation in criminal matters – Mutual recognition of decisions on supervision measures as an alternative to provisional detention – Framework Decision 2009/829/JHA – Failure to adopt the measures necessary to comply with the framework decision – Failure to notify to the European Commission
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Judgment of the Court (Eighth Chamber) of 24 March 2022 ECLI:EU:C:2022:214 |
Case C-609/21 Criminal proceedings against IP and Others
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Article 4(3) TEU – Article 267 TFEU – Charter of Fundamental Rights of the European Union – Article 47, second paragraph – Article 94 of the Rules of Procedure of the Court of Justice – Content of a request for a preliminary ruling – National rule providing for the national criminal court to decline jurisdiction on the basis that it expressed a view on the facts of the case in the request for a preliminary ruling on pain of annulment of the decision to be given on the merits of the case – Article 18 TFEU – Article 21(2) of the Charter – Article 23 of the Statute of the Court of Justice of the European Union – Requirement for national courts to inform their own Member State of any request for a preliminary ruling submitted to the Court
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Order of the Court (Eighth Chamber) of 25 March 2022 ECLI:EU:C:2022:232 |
Case C-659/21 Orbest v CS and Others
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Article 5(3) – Exemption from the obligation to pay compensation – Concept of ‘extraordinary circumstances’ – Aircraft’s technical failure caused by the collision of a catering vehicle owned by a third party with that aircraft while the latter was parked at the airport
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Order of the Court (Eighth Chamber) of 30 March 2022 ECLI:EU:C:2022:254 |
Case C-703/21 P(R) Girardi v EUIPO
Appeal – Interim measures – Representation – No capacity to act as a representative before the European Union Intellectual Property Office (EUIPO) – Urgency – Serious and irreparable damage – No need to adjudicate
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Order of the Vice-President of the Court of 30 March 2022 ECLI:EU:C:2022:250 |
Case C-687/20 Commission v Portugal (Environmental noise)
Failure of a Member State to fulfil obligations – Environment – Directive 2002/49/EC – Assessment and management of environmental noise – Agglomerations, major roads and major railways – Article 7(2) – Strategic noise maps – Article 8(2) – Action plans – Article 10(2) – Annex VI – Information provided by the strategic noise maps – Summaries of action plans – Failure to communicate to the European Commission within the periods prescribed
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Judgment of the Court (Eighth Chamber) of 31 March 2022 ECLI:EU:C:2022:244 |
Case C-305/21 P Barata v Parliament
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Article 45a of the Staff Regulations of Officials of the European Union – Certification procedure – 2017 promotion exercise – Exclusion from the final list of officials entitled to take part in the training programme – Notice of competition – Obligation to include a list of annexes with the application form – Non-compliance – Rejection of the application – Principle of sound administration – Proportionality – Regulation No 1 – Rules on languages
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Order of the Court (Eighth Chamber) of 31 March 2022 ECLI:EU:C:2022:253 |
Case C-743/21 P Marina Yachting Brand Management v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (chamber determining whether appeals may proceed) of 31 March 2022 ECLI:EU:C:2022:257 |
Case C-744/21 P Henry Cotton's Brand Management v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 31 March 2022 ECLI:EU:C:2022:256 |
Case C-761/21 P St. Hippolyt v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 31 March 2022 ECLI:EU:C:2022:249 |
Case C-762/21 P St. Hippolyt v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 31 March 2022 ECLI:EU:C:2022:255 |
April 2022
Case C-140/20 G.D. v Commissioner of the Garda Síochána and Others
Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Confidentiality of the communications – Providers of electronic communications services – General and indiscriminate retention of traffic and location data – Access to data – Subsequent court supervision – Directive 2002/58/EC – Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 11 and Article 52(1) – Possibility for a national court to restrict the temporal effect of a declaration of the invalidity of national legislation that is incompatible with EU law – Excluded
Request for a preliminary ruling from the Supreme Court
Language of the case: English
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 18 November 2021
ECLI:EU:C:2021:942 |
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Judgment of the Court (Grand Chamber) of 5 April 2022
ECLI:EU:C:2022:258 |
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Case C-161/20 Commission v Council (International Maritime Organisation)
Action for annulment – Council decision, contained in the act of the Permanent Representatives Committee (Coreper) of 5 February 2020, endorsing the submission to the International Maritime Organisation (IMO) concerning the introduction of life cycle guidelines to estimate well-to-tank greenhouse gas emissions of sustainable alternative fuels – Article 17(1) TEU – External representation of the European Union – Transmission of that submission to the IMO by the Member State holding the Presidency of the Council, on behalf of the Member States and the Commission
Language of the case: English
| Summary |
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Opinion of Advocate General Szpunar delivered on 25 November 2021
ECLI:EU:C:2021:957 |
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Judgment of the Court (Grand Chamber) of 5 April 2022
ECLI:EU:C:2022:260 |
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Case C-116/20 Avio Lucos v APIA – Centrul judeţean Dolj and APIA – Aparat Central
Reference for a preliminary ruling – Agriculture – Common agricultural policy – Direct support schemes – Common rules – Single area payment scheme – Regulation (EC) No 73/2009 – Article 2(c) – Concept of ‘agricultural activity’ – Article 35 – Regulation (EC) No 1122/2009 – National legislation requiring the production of a legal document establishing the right to use the agricultural parcel made available to the farmer under a concession contract and making the validity of such a contract conditional on the future concessionaire having the status of breeder or owner of animals – Concessionaire of an area of pastureland who has concluded a cooperation contract with animal breeders – Res judicata
Request for a preliminary ruling from the Curtea de Apel Timişoara
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Rantos delivered on 2 September 2021
ECLI:EU:C:2021:684 |
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Judgment of the Court (Second Chamber) of 7 April 2022
ECLI:EU:C:2022:273 |
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Case C-176/20 Avio Lucos v APIA – Centrul judeţean Dolj and APIA – Aparat Central
Reference for a preliminary ruling – Agriculture – Common agricultural policy – Direct support schemes – Common rules – Single area payment scheme – Regulation (EU) No 1307/2013 – Article 4(1)(a) and (c) and Article 4(2)(b) – National legislation making direct support conditional on the farmer keeping his own animals – Article 9(1) – Concept of ‘active farmer’ – Regulation (EU) No 1306/2013 – Article 60 – Circumvention clause – Concept of ‘artificially created conditions’
Request for a preliminary ruling from the Curtea de Apel Alba Iulia
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Rantos delivered on 2 September 2021
ECLI:EU:C:2021:685 |
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Judgment of the Court (Second Chamber) of 7 April 2022
ECLI:EU:C:2022:274 |
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Case C-228/20 I v Finanzamt H (VAT exemption for hospital services)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(b) – Exemptions for certain activities in the public interest – Exemption for hospital and medical care – Private hospital – Duly recognised establishment – Comparable social conditions
Request for a preliminary ruling from the Niedersächsisches Finanzgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Hogan delivered on 23 September 2021
ECLI:EU:C:2021:762 |
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Judgment of the Court (Second Chamber) of 7 April 2022
ECLI:EU:C:2022:275 |
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Case C-236/20 PG v Ministero della Giustizia and Others (Status of Italian magistrates)
Reference for a preliminary ruling – Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 2 and 4 – Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Clause 4 – Principle of non-discrimination – Equal treatment in employment and occupation – Magistrates and ordinary judges – Clause 5 – Measures intended to penalise improper use of fixed-term contracts – Directive 2003/88/EC – Article 7 – Paid annual leave
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Emilia Romagna
Language of the case: Italian
| Summary |
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Judgment of the Court (First Chamber) of 7 April 2022
ECLI:EU:C:2022:263 |
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Case C-333/20 Berlin Chemie A. Menarini v Administraţia Fiscală pentru Contribuabili Mijlocii Bucureşti
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 44 – Place of supply of services – Implementing Regulation (EU) No 282/2011 – Article 11(1) – Provision of services – Point of reference for tax purposes – Concept of a ‘fixed establishment’ – Company from one Member State affiliated to a company located in another Member State – Suitable structure in terms of human and technical resources – Ability to receive and use the services for the fixed establishment’s own needs – Marketing, regulatory, advertising and representation services provided by a related company to the recipient company
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
| Summary |
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Judgment of the Court (Fifth Chamber) of 7 April 2022
ECLI:EU:C:2022:291 |
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Case C-342/20 A v Veronsaajien oikeudenvalvontayksikkö (Exemption of contractual investment funds)
Reference for a preliminary ruling – Taxation – Articles 63 and 65 TFEU – Free movement of capital – Restrictions – Tax on the income of legal persons – Exemption for investment funds – Conditions for exemption – Condition relating to the fund being in contractual form
Request for a preliminary ruling from the Helsingin hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 6 October 2021
ECLI:EU:C:2021:823 |
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Judgment of the Court (Second Chamber) of 7 April 2022
ECLI:EU:C:2022:276 |
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Case C-385/20 EL and TP v Caixabank
Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Principle of effectiveness – Principle of equivalence – Judicial proceedings seeking a declaration that a contractual term is unfair – National court’s power of review of its own motion – National proceedings for taxation of costs – Costs recoverable in respect of lawyers’ fees
Request for a preliminary ruling from the Juzgado de Primera Instancia n° 49 de Barcelona
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 6 October 2021
ECLI:EU:C:2021:828 |
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Judgment of the Court (Fourth Chamber) of 7 April 2022
ECLI:EU:C:2022:278 |
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Case C-429/20 P Solar Ileias Bompaina v Commission
Appeal – State aid – Market for electricity generated from renewable energy sources – National legislation which allegedly has the effect of conferring an unlawful advantage on electricity suppliers – Complaint to the European Commission – Rejection decision without initiating the formal investigation procedure – Action for annulment – Regulation (EU) 2015/1589 – Article 1(h) – Concept of ‘interested party’ – Inadmissibility
Language of the case: English
| Summary |
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Judgment of the Court (Seventh Chamber) of 7 April 2022
ECLI:EU:C:2022:282 |
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Joined Cases C-447/20 and C-448/20 IFAP v LM and Others
Reference for a preliminary ruling – Regulation (EC, Euratom) No 2988/95 – Own resources of the European Union – Protection of the European Union’s financial interests – Proceedings relating to irregularities – Article 4 – Adoption of administrative measures – Article 3(1) – Limitation period for proceedings – Expiry – Whether it may be relied on in the context of the enforced recovery procedure – Article 3(2) – Period for implementation – Applicability – Starting point of the limitation period – Interruption and suspension – Discretion of the Member States
Requests for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Fourth Chamber) of 7 April 2022
ECLI:EU:C:2022:265 |
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Case C-489/20 UB v Kauno teritorinė muitinė
Reference for a preliminary ruling – Union Customs Code – Extinguishment of the customs debt – Goods unlawfully introduced into the customs territory of the European Union – Seizure and confiscation – Directive 2008/118/EC – Excise duties – Directive 2006/112/EC – Value added tax – Chargeable event – Chargeability
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Tanchev delivered on 6 October 2021
ECLI:EU:C:2021:824 |
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Judgment of the Court (Second Chamber) of 7 April 2022
ECLI:EU:C:2022:277 |
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Case C-561/20 Q and Others v United Airlines
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Connecting flight consisting of two flight legs – Significant delay to final destination caused in the second leg of that flight linking two airports in a third country – Validity of that regulation under international law
Request for a preliminary ruling from the Nederlandstalige Ondernemingsrechtbank Brussel
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Rantos delivered on 9 December 2021
ECLI:EU:C:2021:994 |
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Judgment of the Court (Fourth Chamber) of 7 April 2022
ECLI:EU:C:2022:266 |
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Case C-568/20 J v H Limited
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Scope – Article 2(a) – Concept of ‘judgment’ – Order for payment made in another Member State after a summary contested examination of a judgment given in a third State – Article 39 – Enforceability in Member States
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Pikamäe delivered on 16 December 2021
ECLI:EU:C:2021:1026 |
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Judgment of the Court (Third Chamber) of 7 April 2022
ECLI:EU:C:2022:264 |
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Case C-645/20 V A and Z A v TP (Subsidiary jurisdiction in matters of succession)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 650/2012 – Article 10 – Subsidiary jurisdiction in matters of succession – Deceased person habitually resident at the time of his or her death in a State that is not bound by Regulation (EU) No 650/2012 – Deceased person who is a national of a Member State and has assets in that Member State – Obligation for the court of that Member State seised to examine of its own motion the criteria as regards its subsidiary jurisdiction – Appointment of an administrator of the estate
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 2 December 2021
ECLI:EU:C:2021:977 |
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Judgment of the Court (Fifth Chamber) of 7 April 2022
ECLI:EU:C:2022:267 |
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Case C-668/20 Y GmbH v Hauptzollamt (Vanilla oleoresin)
Reference for a preliminary ruling – Common Customs Tariff – Combined Nomenclature – Classification of goods – Headings 1302, 3301 and 3302 – Extracted vanilla oleoresin – Excise duties – Directive 92/83/EEC – Exemptions – Article 27(1)(e) – Definition of ‘flavour’ – Directive 92/12/EEC – Excise Committee of the European Commission – Powers
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber) of 7 April 2022
ECLI:EU:C:2022:270 |
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Joined Cases C-102/21 and C-103/21 KW and SG v Autonome Provinz Bozen
Reference for a preliminary ruling – Aid granted by Member States – Aid scheme for the construction of mini-hydroelectric power plants – Alpine and mountain huts without connection to an electricity grid – Authorisation by the European Commission – Expiry
Requests for a preliminary ruling from the Verwaltungsgericht, Autonome Sektion für die Provinz Bozen
Language of the case: German
| Summary |
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Judgment of the Court (Ninth Chamber) of 7 April 2022
ECLI:EU:C:2022:272 |
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Case C-150/21 D. B. (Court having jurisdiction in criminal matters)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Mutual recognition – Framework Decision 2005/214/JHA – Enforcement of financial penalties – Article 1(a)(ii) – Decision imposing a financial penalty issued by an administrative authority – Decision open to appeal to a public prosecutor, subject to instructions from the Minister for Justice – Subsequent appeal before a court having jurisdiction in particular in criminal matters
Request for a preliminary ruling from the Sąd Rejonowy dla Łodzi-Śródmieścia w Łodzi
Language of the case: Polish
| Summary |
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Judgment of the Court (Seventh Chamber) of 7 April 2022
ECLI:EU:C:2022:268 |
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Case C-249/21 Fuhrmann-2 v B.
Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Article 8(2) – Distance contracts concluded by electronic means – Information requirements for the trader – Activation of a button or a similar function in order to place the order with an obligation to pay – Unambiguous formulation corresponding to the words ‘order with obligation to pay’ – Taking account only of the words on the button or similar function for the purposes of assessing the ‘corresponding’ nature of such a formulation
Request for a preliminary ruling from the Amtsgericht Bottrop
Language of the case: German
| Summary |
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Judgment of the Court (Eighth Chamber) of 7 April 2022
ECLI:EU:C:2022:269 |
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Case C-801/21 P EUIPO v Indo European Foods
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal allowed to proceed
Language of the case: English
| Summary |
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Opinion of Advocate General Szpunar delivered on 23 November 2023
ECLI:EU:C:2023:915 |
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Order of the Court of 7 April 2022
ECLI:EU:C:2022:295 |
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Case C-401/19 Poland v Parliament and Council
Action for annulment – Directive (EU) 2019/790 – Article 17(4), point (b), and point (c), in fine – Article 11 and Article 17(2) of the Charter of Fundamental Rights of the European Union – Freedom of expression and information – Protection of intellectual property – Obligations imposed on online content-sharing service providers – Prior automatic review (filtering) of content uploaded by users
Language of the case: Polish
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 15 July 2021
ECLI:EU:C:2021:613 |
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Judgment of the Court (Grand Chamber) of 26 April 2022
ECLI:EU:C:2022:297 |
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Case C-368/20 NW v Landespolizeidirektion Steiermark (Maximum duration of internal border control)
Reference for a preliminary ruling – Area of freedom, security and justice – Free movement of persons – Regulation (EU) 2016/399 – Schengen Borders Code – Article 25(4) – Temporary reintroduction of border control at internal borders for a maximum total duration of six months – National legislation providing for a number of successive periods of border control resulting in that duration being exceeded – Non-compliance of such legislation with Article 25(4) of the Schengen Borders Code where the successive periods are based on the same threat or threats – National legislation requiring, on pain of a penalty, a passport or identity card to be presented when the internal border control is carried out – Non-compliance of such an obligation with Article 25(4) of the Schengen Borders Code when the border control itself is contrary to that provision
Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark
Language of the case: German
| Summary |
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Opinion of Advocate General Saugmandsgaard Øe delivered on 6 October 2021
ECLI:EU:C:2021:821 |
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Judgment of the Court (Grand Chamber) of 26 April 2022
ECLI:EU:C:2022:298 |
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Case C-674/20 Airbnb Ireland v Région de Bruxelles-Capitale
Reference for a preliminary ruling – Internal market – Article 114(2) TFEU – Exclusion of fiscal provisions – Directive 2000/31/EC – Information society services – Electronic commerce – Online property rental platform – Article 1(5)(a) – Exclusion of the field of taxation – Definition – Regional legislation concerning a tax on tourist accommodation establishments – Provision requiring intermediaries to provide, on a written request, certain particulars concerning the operation of those establishments to the tax authority with the aim of identifying persons liable for that tax – Article 56 TFEU – No discrimination – No restriction
Request for a preliminary ruling from the Cour constitutionnelle
Language of the case: French
| Summary |
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Judgment of the Court (Second Chamber) of 27 April 2022
ECLI:EU:C:2022:303 |
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Case C-666/19 P Changmao Biochemical Engineering v Commission
Appeal – Dumping – Imports of aspartame originating in the People’s Republic of China – Regulations No 1225/2009 and 2016/1036 – Temporal scope – Article 2(7) – Market economy treatment – Denied – Article 2(10) – Adjustments – Burden of proof – Article 3 – Determination of injury – Duty of care of the European Commission
Language of the case: English
| Summary |
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Opinion of Advocate General Tanchev delivered on 6 October 2021
ECLI:EU:C:2021:827 |
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Judgment of the Court (Fourth Chamber) of 28 April 2022
ECLI:EU:C:2022:323 |
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Case C-79/20 P Yieh United Steel v Commission
Appeal – Dumping – Implementing Regulation (EU) 2015/1429 – Imports of stainless steel cold-rolled flat products originating in the People’s Republic of China and Taiwan – Definitive anti-dumping duty – Regulation (EC) No 1225/2009 – Article 2 – Calculation of the normal value – Calculation of the production cost – Production losses – Refusal to deduct the value of recycled scrap – Determination of the normal value on the basis of sales of the like product intended for domestic consumption – Exclusion from the basis of calculation used to determine the normal value of sales on the domestic market of the exporting country where those sales concern products intended for export
Language of the case: English
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 11 November 2021
ECLI:EU:C:2021:915 |
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Judgment of the Court (Second Chamber) of 28 April 2022
ECLI:EU:C:2022:305 |
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Case C-86/20 Vinařství U Kapličky v Státní zemědělská a potravinářská inspekce
Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Wine – Regulation (EU) No 1308/2013 – Rules concerning marketing – Article 80 – Oenological practices – Prohibition on marketing – Article 90 – Imports of wine – Regulation (EC) No 555/2008 – Article 43 – V I 1 document – Certificate of production of consignments of wine in accordance with recommended or authorised oenological practices – Probative value – Regulation (EU) No 1306/2013 – Article 89(4) – Penalties – Marketing of wine from a third country – Wine having undergone unauthorised oenological practices – Exoneration from liability – Burden of proof
Request for a preliminary ruling from the Krajský soud v Brně
Language of the case: Czech
| Summary |
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Opinion of Advocate General Rantos delivered on 2 September 2021
ECLI:EU:C:2021:682 |
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Judgment of the Court (First Chamber) of 28 April 2022
ECLI:EU:C:2022:320 |
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Case C-237/20 Federatie Nederlandse Vakbeweging v Heiploeg Seafood International and Heitrans International (Pre-pack procedure)
Reference for a preliminary ruling – Directive 2001/23/EC – Articles 3 to 5 – Transfers of undertakings – Safeguarding of employees’ rights – Exceptions – Insolvency proceedings – ‘Pre-pack’ – Survival of an undertaking – Transfer of (part of) an undertaking following a declaration of insolvency preceded by a pre-pack
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 9 December 2021
ECLI:EU:C:2021:997 |
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Judgment of the Court (Third Chamber) of 28 April 2022
ECLI:EU:C:2022:321 |
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Case C-319/20 Meta Platforms Ireland v Bundesverband der Verbraucherzentralen und Verbraucherverbände
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 80 – Representation of the data subjects by a not-for-profit association – Representative action brought by a consumer protection association in the absence of a mandate and independently of the infringement of specific rights of a data subject – Action based on the prohibition of unfair commercial practices, the infringement of a consumer protection law or the prohibition of the use of invalid general terms and conditions
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 2 December 2021
ECLI:EU:C:2021:979 |
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Judgment of the Court (Third Chamber) of 28 April 2022
ECLI:EU:C:2022:322 |
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Joined Cases C-415/20, C-419/20 and C-427/20 Gräfendorfer Geflügel- und Tiefkühlfeinkost Produktions and Others v Hauptzollamt Hamburg and Hauptzollamt Kiel
Reference for a preliminary ruling – Customs union – Rights to the repayment or to the payment of sums of money levied or refused by a Member State in breach of EU law – Anti-dumping duties, import duties, export refunds and financial penalties – Concept of ‘breach of EU law’ – Misinterpretation or misapplication of EU law – Finding of a breach of EU law by a Court of the European Union or by a national court – Right to the payment of interest – Period covered by that payment of interest
Requests for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
| Summary |
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Opinion of Advocate General Ćapeta delivered on 13 January 2022
ECLI:EU:C:2022:14 |
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Judgment of the Court (Second Chamber) of 28 April 2022
ECLI:EU:C:2022:306 |
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Case C-510/20 Commission v Bulgaria (Updating of marine strategies)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Environment – Directive 2008/56/EC – Marine environmental policy – Article 5 – Marine strategies – Article 17(2) and (3) – Failure to review, within the time limits, the initial assessment, the determination of good environmental status and the environmental targets – Failure to send to the European Commission, within the time limits, details of any updates made following the reviews
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Seventh Chamber) of 28 April 2022
ECLI:EU:C:2022:324 |
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Case C-531/20 NovaText v Ruprecht-Karls-Universität Heidelberg
Reference for a preliminary ruling – Intellectual property rights – Directive 2004/48/EC – Article 3 – General obligation concerning the measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights – Article 14 – Concept of ‘reasonable and proportionate legal costs’ – Consultation of a patent lawyer – Absence of opportunity for the national court to assess the reasonableness and proportionality of the costs to be borne by the unsuccessful party
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 11 November 2021
ECLI:EU:C:2021:917 |
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Judgment of the Court (Tenth Chamber) of 28 April 2022
ECLI:EU:C:2022:316 |
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Case C-559/20 Koch Media v FU
Reference for a preliminary ruling – Intellectual property rights – Directive 2004/48/EC – Article 14 – Concepts of ‘legal costs’ and ‘other expenses’ – Warning notice to ensure enforcement of intellectual property rights out of court – Lawyers’ fees – Classification – National provision limiting the amount of those costs recoverable under certain conditions
Request for a preliminary ruling from the Landgericht Saarbrücken
Language of the case: German
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 11 November 2021
ECLI:EU:C:2021:918 |
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Judgment of the Court (Tenth Chamber) of 28 April 2022
ECLI:EU:C:2022:317 |
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Case C-612/20 Happy Education v Direcţia Generală Regională a Finanţelor Publice Cluj-Napoca and Administraţia Judeţeană a Finanţelor Publice Cluj
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(i) – Exemptions for certain activities in the public interest – Exemptions related to children’s or young people’s education, school or university education – Supply of educational services supplementing the school curriculum – Private law body providing those services for commercial purposes
Request for a preliminary ruling from the Tribunalul Cluj
Language of the case: Romanian
| Summary |
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Judgment of the Court (Ninth Chamber) of 28 April 2022
ECLI:EU:C:2022:314 |
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Case C-637/20 Skatteverket v DSAB Destination Stockholm
Reference for a preliminary ruling – Directive 2006/112/EC – Common system of value added tax – Article 30a(1) – Concept of ‘voucher’ – Article 30a(3) – Concept of ‘“multi-purpose” voucher’ – Sale of a card entitling the cardholder to a number of tourist services for a limited period
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
| Summary |
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Opinion of Advocate General Ćapeta delivered on 24 February 2022
ECLI:EU:C:2022:131 |
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Judgment of the Court (First Chamber) of 28 April 2022
ECLI:EU:C:2022:304 |
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Case C-642/20 Caruter v S.R.R. Messina Provincia and Others
Reference for a preliminary ruling – Directive 2014/24/EU – Public procurement – Article 63 – Reliance by a group of economic operators on the capacities of other entities – Possibility for the contracting authority to require certain critical tasks to be performed by a participant in that group – National legislation requiring that the agent must fulfil the majority of the requirements and provide the majority of the services
Request for a preliminary ruling from the Consiglio di Giustizia amministrativa per la Regione siciliana
Language of the case: Italian
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Judgment of the Court (Fourth Chamber) of 28 April 2022
ECLI:EU:C:2022:308 |
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Case C-44/21 Phoenix Contact v HARTING Deutschland and Harting Electric
Reference for a preliminary ruling – Intellectual property – Directive 2004/48/EC – Article 9(1) – European patent – Interim measures – Power of national judicial authorities to issue an interlocutory injunction to prevent an imminent infringement of an intellectual property right – National case-law dismissing applications for interim measures where the validity of the patent in question has not been confirmed, at the very least, by a decision given at first instance in opposition or invalidity proceedings – Obligation to interpret national law in conformity with EU law
Request for a preliminary ruling from the Landgericht München I
Language of the case: German
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Judgment of the Court (Sixth Chamber) of 28 April 2022
ECLI:EU:C:2022:309 |
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Case C-72/21 PRODEX v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Combined Nomenclature – Tariff headings – Subheading 4418 20 – Scope – Doors and their frames and thresholds – MDF panels and mouldings – First part of general rule 2(a) for the interpretation of the Combined Nomenclature – Incomplete or unfinished article – Definition
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
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Judgment of the Court (Eighth Chamber) of 28 April 2022
ECLI:EU:C:2022:312 |
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Case C-86/21 Gerencia Regional de Salud de Castilla y León v Delia
Reference for a preliminary ruling – Freedom of movement for workers – Article 45 TFEU – Regulation (EU) No 492/2011 – Article 7(2) – Equal treatment – National system for recognition of career development of healthcare professionals – Professional experience acquired in the health services of another Member State not taken into consideration – Obstacle
Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León
Language of the case: Spanish
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Judgment of the Court (Sixth Chamber) of 28 April 2022
ECLI:EU:C:2022:310 |
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Case C-89/21 Romega v Valstybinė maisto ir veterinarijos tarnyba
Reference for a preliminary ruling – Food law – Regulation (EC) No 2073/2005 – Microbiological criteria for foodstuffs – Article 1 – Annex I – Fresh poultry meat – Checks by the competent national authorities for the presence of the salmonella serotypes listed in point 1.28 of Chapter 1 of that annex – Checks for the presence of other pathogenic microorganisms – Regulation (EC) No 178/2002 – Article 14(8) – Discretion of the national authorities – Scope
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
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Judgment of the Court (Eighth Chamber) of 28 April 2022
ECLI:EU:C:2022:313 |
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Joined Cases C-160/21 and C-217/21 Nikopolis AD Istrum 2010 and Agro – EKO 2013 v Izpalnitelen direktor na Darzhaven fond 'Zemedelie'
Reference for a preliminary ruling – Common agricultural policy – Direct support schemes – Regulation (EU) No 1306/2013 – Payments to beneficiaries – Article 75 – Time limit for payments – Compliance – None – Tacit refusal of the application for aid
Requests for a preliminary ruling from the Administrativen sad Veliko Tarnovo
Language of the case: Bulgarian
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Judgment of the Court (Ninth Chamber) of 28 April 2022
ECLI:EU:C:2022:315 |
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Case C-251/21 Piltenes meži v Lauku atbalsta dienests
Reference for a preliminary ruling – European Agricultural Fund for Rural Development (EAFRD) – Regulation (EU) No 1305/2013 – Support for rural development by the EAFRD – Article 30 – Natura 2000 payments – Scope – Application for aid in respect of a micro-reserve created in a forest that is not part of the Natura 2000 network, with the purpose of protecting a species of wild bird – Regulation (EU) No 702/2014 – Block exemption for certain types of aid to the agriculture and forestry sectors – Application to aid co-financed by means of EU resources – No application to undertakings in difficulty
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
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Judgment of the Court (Seventh Chamber) of 28 April 2022
ECLI:EU:C:2022:311 |
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Case C-277/21 SeGEC and Others v Institut des Comptes nationaux (ICN) and Banque nationale de Belgique
Reference for a preliminary ruling – Regulation (EU) No 549/2013 – European system of national and regional accounts in the European Union – Annex A, paragraph 20.15 – Control exercised by an institute of national accounts over the organising authorities of educational establishments constituted in the form of non-profit institutions – Educational establishments receiving public financing and enjoying freedom of education guaranteed by the Constitution – Annex A, paragraph 20.15, second sentence – Concept of ‘public intervention in the form of general regulations applicable to all units working in the same activity’ – Scope – Annex A, paragraph 20.15, first sentence – Annex A, paragraph 2.39(b), paragraph 20.15(b), and paragraph 20.309(h) – Concept of ‘excessive regulation’ – Scope
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Judgment of the Court (Tenth Chamber) of 28 April 2022
ECLI:EU:C:2022:318 |
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Case C-804/21 PPU C and CD v Syyttäjä (Legal obstacles to the execution of a decision on surrender)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 23(3) – Requirement of intervention on the part of the executing judicial authority – Article 6(2) – Police services – Not included – Force majeure – Concept – Legal obstacles to surrender – Legal actions brought by the requested person – Application for international protection – Not included – Article 23(5) – Expiry of the time limits provided for surrender – Consequences – Release – Obligation to adopt any other measures necessary to prevent absconding
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Kokott delivered on 10 March 2022
ECLI:EU:C:2022:182 |
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Judgment of the Court (Second Chamber) of 28 April 2022
ECLI:EU:C:2022:307 |
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Information (on unpublished decisions)
Case C-784/21 P Kappes v Sedus Stoll and EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170 of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 5 April 2022 ECLI:EU:C:2022:292 |
Case C-785/21 P Kappes v Sedus Stoll and EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 5 April 2022 ECLI:EU:C:2022:301 |
Case C-19/22 P Sanford v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 6 April 2022 ECLI:EU:C:2022:262 |
Case C-521/20 J.P. v B.d.S.L.
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Directive 1999/62/EC – Charging of heavy goods vehicles for the use of certain infrastructures – Tolls – Non-payment – Penalties – Charter of Fundamental Rights of the European Union – Article 50 – Ne bis in idem principle – Article 94(c) of the Rules of Procedure – Lack of sufficient information – No link between the interpretation of EU law that is sought and the actual facts of the main action or its purpose – Manifest inadmissibility
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Order of the Court (Sixth Chamber) of 7 April 2022 ECLI:EU:C:2022:293 |
Case C-133/21 VP and Others v Elliniko Dimosio (School cleaning staff)
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Successive fixed-term contracts in the public sector – National legislation establishing a difference in treatment as regards remuneration between workers employed under fixed-term contracts for the supply of services and those employed under contracts of indefinite duration – No justification – Concept of ‘objective reasons’
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Order of the Court (Seventh Chamber) of 7 April 2022 ECLI:EU:C:2022:294 |
Case C-395/17 INT Commission v Netherlands
Application for interpretation – Manifest inadmissibility
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Order of the Court (First Chamber) of 26 April 2022 ECLI:EU:C:2022:335 |
Case C-508/20 RM v Landespolizeidirektion Steiermark (Slot machines II)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Freedom to provide services – Article 56 TFEU – Games of chance – Provision of prohibited lotteries – Penalties – Proportionality – Minimal fines – Overlapping – Lack of a cap – Alternative custodial sentence – Proportional contribution to procedural costs – Charter of Fundamental Rights of the European Union – Article 49(3)
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Order of the Court (Sixth Chamber) of 26 April 2022 ECLI:EU:C:2022:336 |
Case C-654/20 Criminal proceedings against Apelativna prokuratura
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Order of the Court (Sixth Chamber) of 26 April 2022 ECLI:EU:C:2022:300 |
Case C-464/21 QL v Universitat de Barcelona
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Successive fixed-term contracts in the public sector – Clause 2 and Clause 3(1) – Scope – Concept of ‘fixed-term worker’
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Order of the Court (Sixth Chamber) of 26 April 2022 ECLI:EU:C:2022:337 |
Case C-286/21 Commission v France (Limit values – PM10)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and persistent exceedance of the limit values for micro particles (PM10) in certain zones in France – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures
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Judgment of the Court (Tenth Chamber) of 28 April 2022 ECLI:EU:C:2022:319 |
Case C-638/21 Rozhlas a televízia Slovenska v CI
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Order of the Court (Tenth Chamber) of 28 April 2022 ECLI:EU:C:2022:339 |
Case C-420/21 P Valvis Holding v Sun Stars & Sons and EUIPO
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – EU trade mark – Appeal brought by a party which was not unsuccessful in its submissions at first instance – Appeal manifestly inadmissible
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Order of the Court (Eighth Chamber) of 29 April 2022 ECLI:EU:C:2022:340 |
May 2022
Case C-453/20 CityRail v Správa železnic
Reference for a preliminary ruling – Article 267 TFUE – Concept of ‘court or tribunal’ – Criteria relating to the body’s constitution and function – Exercise of judicial or administrative functions – Directive 2012/34/EU – Articles 55 and 56 – Single national regulatory body for the railway sector – Independent regulatory authority for the sector – Entitlement to act on an ex-officio basis – Power to impose penalties – Decisions that are open to challenge before the courts – Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Úřad pro přístup k dopravní infrastruktuře
Language of the case: Czech
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 16 December 2021
ECLI:EU:C:2021:1018 |
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Judgment of the Court (Grand Chamber) of 3 May 2022
ECLI:EU:C:2022:341 |
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Joined Cases C-451/19 and C-532/19 Subdelegación del Gobierno en Toledo v XU and QP (Residence of a family member –Insufficient resources)
Reference for a preliminary ruling – Article 20 TFEU – Citizenship of the European Union – Union citizen who has never exercised his or her right of free movement – Application for a residence card for his or her family member who is a third-country national – Refusal – Obligation for spouses to live together – Minor child who is a Union citizen – National legislation and practice – Genuine enjoyment of the substance of the rights conferred on EU nationals – Deprivation
Requests for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha
Language of the case: Spanish
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Opinion of Advocate General Pikamäe delivered on 13 January 2022
ECLI:EU:C:2022:24 |
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Judgment of the Court (Fourth Chamber) of 5 May 2022
ECLI:EU:C:2022:354 |
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Case C-54/20 P Commission v Missir Mamachi di Lusignano
Appeal – Civil service – Non-contractual liability of the European Union based on a failure of an institution to fulfil its duty to ensure the protection of its officials – Delegation of the European Commission in Morocco – Murdered official – Non-material damage suffered by the official’s brother and sister – Remedy – Articles 270, 268 and 340 TFEU – Staff Regulations of Officials of the European Union – Articles 40, 42b, 55a, 73, 90 and 91 – Concept of a ‘person to whom the Staff Regulations apply’ – Statement of reasons
Language of the case: Italian
| Summary |
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Opinion of Advocate General Ćapeta delivered on 16 December 2021
ECLI:EU:C:2021:1025 |
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Judgment of the Court (Second Chamber) of 5 May 2022
ECLI:EU:C:2022:349 |
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Case C-83/20 BPC Lux 2 and Others v Banco de Portugal and Others
Reference for a preliminary ruling – Directive 2014/59/EU – Banking union – Recovery and resolution of credit institutions and investment firms – Articles 36, 73 and 74 – Protection of shareholders and creditors – Partial implementation before expiry of the period for transposition – Transposition in stages – Charter of Fundamental Rights of the European Union – Article 17(1) – Right to property
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 14 October 2021
ECLI:EU:C:2021:853 |
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Judgment of the Court (First Chamber) of 5 May 2022
ECLI:EU:C:2022:346 |
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Case C-265/20 FN v Universiteit Antwerpen and Others
Reference for a preliminary ruling – Social policy – Part-time work – Directive 97/81/EC – Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Clause 4.1 – Principle of non-discrimination – Part-time academic staff – Automatic permanent appointments reserved for academic staff members holding a full-time teaching post – Calculation of the percentage of a full-time workload to which a part-time workload corresponds – No requirements
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
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Judgment of the Court (Seventh Chamber) of 5 May 2022
ECLI:EU:C:2022:361 |
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Case C-405/20 EB and Others v BVAEB
Reference for a preliminary ruling – Social policy – Article 157 TFEU – Protocol (No 33) – Equal treatment of men and women in matters of employment and occupation – Directive 2006/54/EC – Article 5(c) and Article 12 – Prohibition of indirect discrimination on grounds of sex – Occupational social security scheme applicable after the date referred to in those provisions – Retirement pensions of civil servants – National legislation providing for an annual adjustment of retirement pensions – Adjustment on a reducing scale depending on the amount of the retirement pension, with no adjustment at all above a certain amount – Justifications
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Opinion of Advocate General Rantos delivered on 27 January 2022
ECLI:EU:C:2022:61 |
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Judgment of the Court (First Chamber) of 5 May 2022
ECLI:EU:C:2022:347 |
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Case C-410/20 Banco Santander v J.A.C. and M.C.P.R.
Reference for a preliminary ruling – Directive 2014/59/EU – Resolution of credit institutions and investment firms – General principles – Article 34(1) – Bail-in – Effects – Article 53(1) and (3) – Write-down of capital instruments – Article 60(2), first subparagraph, points (b) and (c) – Articles 73 to 75 – Protection of the rights of shareholders and creditors – Directive 2003/71/EC – Prospectus to be published when securities are offered to the public or admitted to trading – Article 6 – Incorrect information in the prospectus – Action for damages brought after a resolution decision – Action for a declaration of nullity of a share purchase contract brought against the universal successor of the credit institution subject to a resolution decision
Request for a preliminary ruling from the Audiencia Provincial de La Coruña
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 2 December 2021
ECLI:EU:C:2021:976 |
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Judgment of the Court (Third Chamber) of 5 May 2022
ECLI:EU:C:2022:351 |
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Case C-525/20 Association France Nature Environnement v Premier ministre and Ministre de la Transition écologique et solidaire (Temporary impacts on surface water)
Reference for a preliminary ruling – Environment – Directive 2000/60/EC – Framework for European Union action in the field of water policy – Article 4(1)(a) – Environmental objectives relating to surface water – Obligation of the Member States not to authorise a programme or project that may cause a deterioration of the status of a body of surface water – Concept of ‘deterioration’ of the status of a body of surface water – Article 4(6) and (7) – Derogations from the prohibition of deterioration – Conditions – Programme or project having temporary, short-term impacts on the status of a body of surface water which are without lasting consequences
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Rantos delivered on 13 January 2022
ECLI:EU:C:2022:16 |
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Judgment of the Court (Second Chamber) of 5 May 2022
ECLI:EU:C:2022:350 |
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Case C-567/20 A.H. v Zagrebačka banka
Reference for a preliminary ruling – Consumer protection – Unfair terms – Directive 93/13/EEC – Applicability ratione temporis – Article 10(1) – Loan agreement concluded prior to Member State’s accession to the EU but amended after that date – Article 6 – Reimbursement of benefits improperly obtained by the seller or supplier – National legislation providing for the replacement of unfair terms and reimbursement of the overpayment – Applicability ratione materiae – Article 1(2) – Exclusion of contractual terms which reflect mandatory statutory or regulatory provisions
Request for a preliminary ruling from the Općinski građanski sud u Zagrebu
Language of the case: Croatian
| Summary |
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Opinion of Advocate General Kokott delivered on 3 February 2022
ECLI:EU:C:2022:76 |
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Judgment of the Court (Third Chamber) of 5 May 2022
ECLI:EU:C:2022:352 |
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Case C-570/20 Criminal proceedings against BV
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Fraudulent concealment of tax due – Penalties – National legislation which provides for an administrative penalty and a criminal penalty for the same acts – Charter of Fundamental Rights of the European Union – Article 49 – Article 50 – Principle ne bis in idem – Article 52(1) – Limitations to the principle ne bis in idem – Requirement to provide for clear and precise rules – Possibility of taking into account the interpretation of national legislation by national courts – Need to provide for rules ensuring the proportionality of all of the penalties imposed – Penalties of different kinds
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 9 December 2021
ECLI:EU:C:2021:992 |
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Judgment of the Court (First Chamber) of 5 May 2022
ECLI:EU:C:2022:348 |
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Case C-718/20 P Zhejiang Jiuli Hi-Tech Metals v Commission
Appeal – Dumping – Imports of certain seamless pipes and tubes of stainless steel originating in the People’s Republic of China – Imposition of a definitive anti-dumping duty
Language of the case: English
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Judgment of the Court (Ninth Chamber) of 5 May 2022
ECLI:EU:C:2022:362 |
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Case C-101/21 HJ v Ministerstvo práce a sociálních věcí (Concurrent exercise of the duties of administrator and CEO of a company)
Reference for a preliminary ruling – Social policy – Directive 2008/94/EC – Protection of employees in the event of their employer’s insolvency – Article 2(2) – Concept of ‘employee’ – Article 12(a) and (c) – Limitations on the responsibility of the guarantee institutions – Person exercising, on the basis of a contract of employment entered into with a trading company, the functions of a management board member and chief executive officer of that company – Concurrent exercise of functions – National case-law refusing that person the benefit of the guarantees laid down by that directive
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Judgment of the Court (Seventh Chamber) of 5 May 2022
ECLI:EU:C:2022:356 |
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Case C-179/21 absoluts-bikes and more v the-trading-company
Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Article 6(1)(m) – Distance contract between a consumer and a trader – Obligation of the trader to inform the consumer of the existence and the conditions of a manufacturer’s commercial guarantee – Conditions under which such an obligation arises – Content of the information to be provided to the consumer about the manufacturer’s commercial guarantee – Impact of Article 6(2) of Directive 1999/44/EC
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Judgment of the Court (Third Chamber) of 5 May 2022
ECLI:EU:C:2022:353 |
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Case C-189/21 R. en R. v Minister van Landbouw, Natuur en Voedselkwaliteit (Agricultural use of an unauthorised product)
Reference for a preliminary ruling – Common agricultural policy (CAP) – Regulation (EU) No 1306/2013 – Annex II – Statutory management requirement 10 – Regulation (EU) No 1107/2009 – Article 55, first paragraph and first sentence of second paragraph – Direct support schemes – Common rules – Reduction or exclusion of support received under the CAP in whole or in part – Non-compliance with the cross-compliance rules – Use of a plant protection product which is not or is no longer authorised in the Member State concerned and, in the latter scenario, the use-by date of which has expired
Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
| Summary |
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Judgment of the Court (Tenth Chamber) of 5 May 2022
ECLI:EU:C:2022:360 |
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Case C-218/21 Autoridade Tributária e Aduaneira v DSR – Montagem e Manutenção de Ascensores e Escadas Rolantes
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Rates – Temporary provisions for particular labour-intensive services – Point 2 of Annex IV – Renovation and repairing of private dwellings – Application of a reduced rate of VAT to repair and maintenance services for lifts in residential buildings
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
| Summary |
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Judgment of the Court (Sixth Chamber) of 5 May 2022
ECLI:EU:C:2022:355 |
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Case C-260/20 P Commission v Hansol Paper
Appeal – Dumping – Implementing Regulation (EU) 2017/763 – Imports of certain lightweight thermal paper originating in the Republic of Korea – Definitive anti-dumping duty – Regulation (EU) 2016/1036 – Articles 6, 16 and 18 – Proof – Information provided other than by responding to an anti-dumping questionnaire – Weighting of sales affecting the dumping calculation – Article 2(1) and (3) – Calculation of the normal value – Hierarchy between the calculation methods – Article 3(2) and (3) – Injury – Calculation of the undercutting margin – Cross-appeal – Article 2(11) – Full degree of dumping – Article 18 – Exemption from responding to an anti-dumping questionnaire – Lack of non-cooperation
Language of the case: English
| Summary |
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Opinion of Advocate General Pikamäe delivered on 13 January 2022
ECLI:EU:C:2022:13 |
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Judgment of the Court (Second Chamber) of 12 May 2022
ECLI:EU:C:2022:370 |
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Case C-377/20 Servizio Elettrico Nazionale and Others v Autorità Garante della Concorrenza e del Mercato and Others
Reference for a preliminary ruling – Competition – Dominant position – Abuse – Article 102 TFEU – Effect of a practice on the well-being of consumers and on the structure of the market – Abusive exclusionary practice – Whether the practice is capable of producing an exclusionary effect – Use of means other than those coming within the scope of competition on the merits – Hypothetical as-efficient competitor unable to replicate the practice – Existence of an anticompetitive intent – Opening up of the market for the sale of electricity to competition – Transfer of commercially sensitive information within a group of undertakings in order to preserve a dominant position inherited from a statutory monopoly – Imputability of a subsidiary’s conduct to the parent company
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Rantos delivered on 9 December 2021
ECLI:EU:C:2021:998 |
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Judgment of the Court (Fifth Chamber) of 12 May 2022
ECLI:EU:C:2022:379 |
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Case C-426/20 GD and ES v Luso Temp
Reference for a preliminary ruling – Social policy – Directive 2008/104/EC – Temporary agency work – Article 5(1) – Principle of equal treatment – Article 3(1)(f) – Concept of ‘basic working and employment conditions of temporary agency workers’ – Compensation payable in respect of days of paid annual leave not taken and the corresponding holiday bonus pay in the event of the termination of the employment relationship
Request for a preliminary ruling from the Tribunal Judicial da Comarca de Braga - Juízo do Trabalho de Barcelos
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 9 December 2021
ECLI:EU:C:2021:995 |
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Judgment of the Court (Sixth Chamber) of 12 May 2022
ECLI:EU:C:2022:373 |
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Case C-430/20 P Klein v Commission
Appeal – Article 265 TFEU – Action for failure to act – Directive 93/42/EEC – Medical devices – Article 8(1) and (2) – Safeguard clause procedure – Notification by a Member State of a decision prohibiting the placing on the market of a medical device – Prolonged lack of reaction on the part of the European Commission – Absence of a decision – Admissibility – Locus standi – Out of time – Request for action to be taken within a reasonable time – Principle of good administration – Obligation to state reasons of the General Court of the European Union
Language of the case: German
| Summary |
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Judgment of the Court (Second Chamber) of 12 May 2022
ECLI:EU:C:2022:377 |
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Case C-505/20 Proceedings brought by RR and JG (Freezing of third-party property)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Freezing and confiscation of instrumentalities and proceeds of crime in the European Union – Directive 2014/42/EU – Article 4 – Confiscation – Article 7 – Freezing – Article 8 – Procedural safeguards – Freezing and confiscation of property belonging to a third party to the criminal proceedings – National law not providing a remedy for third parties during the judicial proceedings and not allowing the return of the property until the end of criminal proceedings
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Eighth Chamber) of 12 May 2022
ECLI:EU:C:2022:376 |
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Case C-556/20 Schneider Electric and Others v Premier ministre and Ministre de l’Economie, des Finances et de la Relance
Reference for a preliminary ruling – Approximation of laws – Directive 90/435/EEC – Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States – Article 4 and Article 7(2) – Prevention of economic double taxation of dividends
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
| Summary |
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Opinion of Advocate General Kokott delivered on 14 October 2021
ECLI:EU:C:2021:857 |
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Judgment of the Court (Second Chamber) of 12 May 2022
ECLI:EU:C:2022:378 |
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Case C-644/20 W. J. v L. J. and J. J. (Change in the habitual residence of the maintenance creditor)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, applicable law, recognition and enforcement of decisions in matters relating to maintenance obligations – Determination of the applicable law – Hague Protocol on the Law Applicable to Maintenance Obligations – Article 3 – Habitual residence of the creditor – Point in time when habitual residence is to be determined – Wrongful retention of a child
Request for a preliminary ruling from the Sąd Okręgowy w Poznaniu
Language of the case: Polish
| Summary |
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Judgment of the Court (Fourth Chamber) of 12 May 2022
ECLI:EU:C:2022:371 |
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Case C-714/20 U.I. v Agenzia delle Dogane e dei monopoli– Ufficio delle dogane di Venezia (Indirect customs representative)
Reference for a preliminary ruling – Customs union – Value added tax (VAT) – Directive 2006/112/EC – Article 201 – Persons liable to pay VAT – Import VAT – Union Customs Code – Regulation (EU) No 952/2013 – Article 77(3) – Joint and several liability of the indirect customs representative and the importing company – Customs duties
Request for a preliminary ruling from the Commissione Tributaria Provinciale di Venezia
Language of the case: Italian
| Summary |
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Judgment of the Court (Sixth Chamber) of 12 May 2022
ECLI:EU:C:2022:374 |
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Case C-719/20 Comune di Lerici v Provincia di La Spezia
Reference for a preliminary ruling – Public procurement – Waste management – In-house award – Directive 2014/24/EU – Articles 12 and 72 – Loss of ‘similar control’ conditions as a result of a business combination – Possibility for the successor operator to continue providing the service
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Fourth Chamber) of 12 May 2022
ECLI:EU:C:2022:372 |
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Case C-600/19 MA v Ibercaja Banco
Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Principle of equivalence – Principle of effectiveness – Mortgage enforcement proceedings – Unfairness of the term setting the nominal rate for default interest, and of the advanced repayment term in the loan agreement – Force of res judicata and time-barring – Loss of the possibility of relying on the unfairness of a contractual term before a court – Power of review by the national court of its own motion
Request for a preliminary ruling from the Audiencia Provincial de Zaragoza
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Tanchev delivered on 15 July 2021
ECLI:EU:C:2021:614 |
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Judgment of the Court (Grand Chamber) of 17 May 2022
ECLI:EU:C:2022:394 |
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Joined Cases C-693/19 and C-831/19 SPV Project 1503 and Dobank v YB and Others v YX and ZW
Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Principle of equivalence – Principle of effectiveness – Payment order and attachment proceedings against third parties – Force of res judicata implicitly covering the validity of the terms of an enforceable instrument – Power of the court hearing the enforcement proceedings to examine of its own motion the potential unfairness of a term
Requests for a preliminary ruling from the Tribunale di Milano
Language of the case: Italian
| Summary |
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Opinion of Advocate General Tanchev delivered on 15 July 2021
ECLI:EU:C:2021:615 |
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Judgment of the Court (Grand Chamber) of 17 May 2022
ECLI:EU:C:2022:395 |
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Case C-725/19 IO v Impuls Leasing România
Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Principle of equivalence – Principle of effectiveness – Enforcement proceedings in respect of a leasing contract constituting an enforceable instrument – Objection to enforcement – National legislation not allowing the court hearing that objection to determine whether the terms of an enforceable instrument are unfair – Power of the court hearing the enforcement proceedings to examine of its own motion whether a term is unfair – Existence of an action under ordinary law allowing the review of whether those terms were unfair – Requirement of a security in order to suspend the enforcement proceedings
Request for a preliminary ruling from the Judecătoria Sector 2 Bucureşti
Language of the case: Romanian
| Summary |
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Opinion of Advocate General Tanchev delivered on 15 July 2021
ECLI:EU:C:2021:616 |
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Judgment of the Court (Grand Chamber) of 17 May 2022
ECLI:EU:C:2022:396 |
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Case C-869/19 L v Unicaja Banco
Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Principle of equivalence – Principle of effectiveness – Mortgage agreement – Unfairness of the ‘floor clause’ in the agreement – National rules concerning the judicial appeal procedure – Limitation of the temporal effects of the declaration that an unfair term is void – Restitution – Power of review by the national appeal court of its own motion
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Tanchev delivered on 15 July 2021
ECLI:EU:C:2021:617 |
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Judgment of the Court (Grand Chamber) of 17 May 2022
ECLI:EU:C:2022:397 |
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Case C-466/20 HEITEC v HEITECH and RW
Reference for a preliminary ruling – Trade marks – Directive 2008/95/EC – Article 9 – Regulation (EC) No 207/2009 – Articles 54, 110 and 111 – Limitation in consequence of acquiescence – Concept of ‘acquiescence’ – Interruption of the period of limitation in consequence of acquiescence – Sending of a warning letter – Date of interruption of the period of limitation in the event of a court action being initiated – Effects of limitation – Application for damages, the provision of information and destruction of goods
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 13 January 2022
ECLI:EU:C:2022:25 |
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Judgment of the Court (Fourth Chamber) of 19 May 2022
ECLI:EU:C:2022:400 |
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Case C-569/20 Criminal procedure against IR (Trial of an absconded accused person)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/343 – Article 8 – Right to be present at the trial – Information regarding the holding of the trial – Inability to locate the accused person notwithstanding the reasonable efforts of the competent authorities – Possibility of a trial and a conviction in absentia – Article 9 – Right to a new trial, or to another legal remedy, which allows a fresh determination of the merits of the case
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 13 January 2022
ECLI:EU:C:2022:26 |
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Judgment of the Court (Fourth Chamber) of 19 May 2022
ECLI:EU:C:2022:401 |
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Case C-33/21 INAIL and INPS v Ryanair
Reference for a preliminary ruling – Migrant workers – Social security – Legislation applicable – Regulation (EEC) No 1408/71 – Article 14(2)(a)(i) and (ii) – Regulation (EC) No 883/2004 – Article 11(5) – Article 13(1)(a) and (b) – Concept of ‘operating base’ – Flight and cabin crew – Workers employed in the territory of two or more Member States – Connecting factors
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
| Summary |
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Judgment of the Court (Seventh Chamber) of 19 May 2022
ECLI:EU:C:2022:402 |
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Case C-629/21 P(R) Puigdemont i Casamajó and Others v Parliament
Appeal – Interim relief – Institutional law – Members of the European Parliament – Privileges and immunities – Waiver of the parliamentary immunity of a Member of the Parliament – Prima facie case – Impartiality of the rapporteur when examining the request for waiver of parliamentary immunity – Urgency – European arrest warrant – Alert on persons wanted for arrest for surrender purposes – Exercise of the mandate of a Member of the Parliament – Balance of interests
Language of the case: English
| Summary |
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Order of the Vice-President of the Court of 24 May 2022
ECLI:EU:C:2022:413 |
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Information (on unpublished decisions)
Joined Cases C-221/21 and C-222/21 Správa železnic v České dráhy and Others and České dráhy v Univerzita Pardubice and Others
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Order of the Court (Ninth Chamber) of 2 May 2022 ECLI:EU:C:2022:342 |
Case C-627/21 S.H. v Administraţia Judeţeană a Finanţelor Publice Sibiu and Direcţia Generală Regională a Finanţelor Publice Braşov
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Harmonisation of fiscal legislation – Common system of value added tax (VAT) – Directive 2006/112/EC – Deduction of input tax paid in relation to the purchase, building and alteration of immovable property – Ex officio revocation of a taxable person’s identification for VAT purposes – Adjustment of the initial deduction – Reply to the question referred for a preliminary ruling which may be clearly deduced from existing case-law
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Order of the Court (Seventh Chamber) of 2 May 2022 ECLI:EU:C:2022:344 |
Case C-1/22 P Castillejo Oriol v Commission
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Order of the Court (Tenth Chamber) of 2 May 2022 ECLI:EU:C:2022:343 |
Case C-346/21 ING Luxembourg v VX
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Judicial cooperation in civil and commercial matters – Service of judicial and extrajudicial documents – Regulation (EC) No 1393/2007 – Article 8 – Informing the addressee, by means of the standard form in Annex II to that regulation, of his or her right to refuse to accept a judicial document which is not written in or accompanied by a translation into a language which the addressee understands or into the official language or one of the official languages of the Member State addressed – Failure to use the standard form – Consequences
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Order of the Court (Sixth Chamber) of 5 May 2022 ECLI:EU:C:2022:368 |
Case C-65/22 P Inditex v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 6 May 2022 ECLI:EU:C:2022:369 |
Case C-573/19 Commission v Italy (Limit values – NO2)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and persistent exceedance of the limit values for nitrogen dioxide (NO2) in certain Italian zones and agglomerations – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures
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Judgment of the Court (Seventh Chamber) of 12 May 2022 ECLI:EU:C:2022:380 |
Case C-730/19 Commission v Bulgaria (Limit values– SO2)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematically and persistently exceeding limit values for sulphur dioxide (SO2) in zone BG 0006 (South-East), Bulgaria – Article 23(1) and Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures
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Judgment of the Court (Seventh Chamber) of 12 May 2022 ECLI:EU:C:2022:382 |
Case C-242/21 P Boshab v Council
Appeal – Common foreign and security policy – Restrictive measures directed against certain persons and entities in view of the situation in the Democratic Republic of the Congo – Regulation (EC) No 1183/2005 – Article 2b and Article 9(2) – Decision 2010/788/CFSP – Article 3(2) and Article 9(2) – Applicant continuing to be included on the lists of persons and entities subject to restrictive measures – Decision (CFSP) 2018/1940 – Implementing Regulation (EU) 2018/1931 – Right to be heard
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Judgment of the Court (Sixth Chamber) of 12 May 2022 ECLI:EU:C:2022:375 |
Case C-300/22 P Govern d'Andorra v EUIPO
Appeal – EU trade mark – Article 170a(1) of the Rules of Procedure of the Court of Justice – No request that the appeal be allowed to proceed – Appeal inadmissible
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Order of the Vice-President of the Court of 12 May 2022 ECLI:EU:C:2022:443 |
Case C-724/21 Criminal proceedings against RV (Removal of a child to Romania)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Citizenship of the Union – Article 21 TFEU – Right to move and reside freely in the territory of the Member States – Criminal offence specifically concerning international child abduction – Restriction – Child protection – Proportionality
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Order of the Court (Eighth Chamber) of 16 May 2022 ECLI:EU:C:2022:393 |
Case C-692/21 P OH v European Court of Human Rights
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Order of the Court (Tenth Chamber) of 17 May 2022 ECLI:EU:C:2022:398 |
Case C-787/21 Estaleiros Navais de Peniche v Município de Aveiro and Others
Request for a preliminary reference – Article 99 of the Rules of Procedure of the Court of Justice – Review procedures in respect of the award of public supply and public works contracts – Directive 89/665/EEC – Article 1(3) – Interest in bringing proceedings – Access to the review procedures – Tenderer excluded by a decision of the contracting authority which has become final, as a result of failing to challenge all the grounds for rejection of its tender – No interest in bringing proceedings
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Order of the Court (Eighth Chamber) of 17 May 2022 ECLI:EU:C:2022:414 |
Case C-103/22 P(I) Shanghai Panati v EUIPO
Appeal – Intervention – EU trade mark – Cancellation proceedings – Other party to the proceedings before the Board of Appeal of the European Union Intellectual Property Office (EUIPO) granted leave to participate in the proceedings in the case before the General Court – Time limits – Point from which time starts to run – Unforeseeable circumstances – Rejection
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Order of the Vice-President of the Court of 17 May 2022 ECLI:EU:C:2022:399 |
Case C-450/21 UC v Ministero dell'istruzione (Electronic card)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4(1) – Principle of non-discrimination – Concept of ‘employment conditions’ – Allowance to support the in-service training of teachers and to enhance their professional skills
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Order of the Court (Sixth Chamber) of 18 May 2022 ECLI:EU:C:2022:411 |
Case C-722/21 Proceedings brought by Frontera Capital
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Order of the Court (Eighth Chamber) of 19 May 2022 ECLI:EU:C:2022:412 |
Case C-764/21 P TUIfly v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Access to documents – Documents relating to a procedure for reviewing State aid – Regulation (EC) No 1049/2001 – Article 4(2), in fine – Exceptions to the right of access – Overriding public interest – Concept – Principle of sound administration – Article 41(2)(b) of the Charter of Fundamental Rights of the European Union – Rights of the defence – Specific aims of the procedure for reviewing State aid – Refusal to grant access – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Tenth Chamber) of 19 May 2022 ECLI:EU:C:2022:407 |
Case C-233/21 P Germann Avocats v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – European Union public contracts – Tendering procedure – Award of contracts – Decision to reject a tender and award the contract to another tenderer – Award criteria – Quality control – Distortion of the facts and evidence – Misuse of powers – Obligation to state reasons – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Tenth Chamber) of 20 May 2022 ECLI:EU:C:2022:409 |
Case C-783/21 Criminal proceedings against M.M.
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – No dispute before the referring court – Manifest inadmissibility of the request for a preliminary ruling
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Order of the Court (Tenth Chamber) of 31 May 2022 ECLI:EU:C:2022:438 |
June 2022
Case C-353/20 Skeyes v Ryanair
Reference for a preliminary ruling – Air transport – Regulation (EC) No 549/2004 – Regulation (EC) No 550/2004 – Air traffic services provider – Decision to close airspace – Exercise of the powers of a public authority – Airspace user – Airlines – Right of appeal against a decision to close airspace – Article 58 TFEU – Freedom to provide services in the field of transport – Articles 16 and 47 of the Charter of Fundamental Rights of the European Union – Freedom to conduct a business – Right to an effective remedy
Request for a preliminary ruling from the Tribunal de l’Entreprise du Hainaut, division de Charleroi
Language of the case: French
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Opinion of Advocate General Rantos delivered on 13 January 2022
ECLI:EU:C:2022:20 |
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Judgment of the Court (Third Chamber) of 2 June 2022
ECLI:EU:C:2022:423 |
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Case C-587/20 Ligebehandlingsnævnet v HK/Danmark and HK/Privat
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Prohibition of discrimination on grounds of age – Directive 2000/78/EC – Article 3(1)(a) and (d) – Scope – Post of elected sector convenor of an organisation of workers – Statutes of that organisation under which only members under the age of 60 or 61 on the date of the election are eligible to stand as sector convenor
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 13 January 2022
ECLI:EU:C:2022:29 |
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Judgment of the Court (Second Chamber) of 2 June 2022
ECLI:EU:C:2022:419 |
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Case C-589/20 JR v Austrian Airlines (Exoneration of air carrier from liability)
Reference for a preliminary ruling – Air transport – Montreal Convention – Article 17(1) – Liability of air carriers for death or injury sustained by passengers – Concept of ‘accident’ causing death or injury – Bodily injury suffered during disembarkation – Article 20 – Exoneration of air carrier from liability – Concept of ‘damage suffered caused or contributed to by the negligence or other wrongful act or omission of that injured passenger’ – Fall of passenger not holding on to the handrail of a mobile disembarkation stairway
Request for a preliminary ruling from the Landesgericht Korneuburg
Language of the case: German
| Summary |
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Opinion of Advocate General Emiliou delivered on 20 January 2022
ECLI:EU:C:2022:47 |
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Judgment of the Court (Third Chamber) of 2 June 2022
ECLI:EU:C:2022:424 |
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Case C-617/20 Proceedings brought by T.N. and N.N. (Declaration concerning the waiver of succession)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Measures relating to the law on succession – Regulation (EU) No 650/2012 – Articles 13 and 28 – Validity of the declaration concerning the waiver of succession – Heir resident in a Member State other than that of the court having jurisdiction to rule on the succession – Declaration made before the court of the Member State in which that heir has his or her habitual residence
Request for a preliminary ruling from the Hanseatisches Oberlandesgericht in Bremen
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 20 January 2022
ECLI:EU:C:2022:49 |
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Judgment of the Court (Fifth Chamber) of 2 June 2022
ECLI:EU:C:2022:426 |
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Case C-43/21 FCC Česká republika v Ministerstvo životního prostředí and Others
Reference for a preliminary ruling – Directive 2010/75/EU – Article 3(9) – Integrated pollution prevention and control – Procedure for amending a permit – Participation of the public concerned – Concept of ‘substantial change’ to the installation – Extension of the duration of operation of a landfill
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
| Summary |
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Opinion of Advocate General Kokott delivered on 27 January 2022
ECLI:EU:C:2022:64 |
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Judgment of the Court (Fourth Chamber) of 2 June 2022
ECLI:EU:C:2022:425 |
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Case C-112/21 X v Classic Coach Company and Others
Reference for a preliminary ruling – Approximation of laws – Trade marks – Directive 2008/95/EC – Article 5 – Rights conferred by a trade mark – Article 6(2) – Limitation of the effects of the trade mark – Impossibility for the proprietor of a trade mark to prevent a third party from using, in the course of trade, an earlier right applying in a particular locality – Requirements – Concept of ‘earlier right’ – Trade name – Proprietor of a later trade mark with an even earlier right – Relevance
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
| Summary |
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Judgment of the Court (Tenth Chamber) of 2 June 2022
ECLI:EU:C:2022:428 |
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Case C-122/21 Get Fresh Cosmetics v Valstybinė vartotojų teisių apsaugos tarnyba
Reference for a preliminary ruling – Directive 87/357/EEC – Article 1(2) – Scope – Non-food products that may be confused with foodstuffs – Concept – Risk of suffocation, poisoning, or the perforation or obstruction of the digestive tract – No presumption of danger – Proof
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
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Judgment of the Court (Second Chamber) of 2 June 2022
ECLI:EU:C:2022:421 |
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Case C-196/21 SR v EW (Translation costs in civil proceedings)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Service of judicial and extrajudicial documents – Regulation (EC) No 1393/2007 – Article 5 – Translation of the document – Translation costs borne by the applicant – Concept of ‘applicant’ – Service, by the court before which proceedings have been brought, of judicial documents on interveners in the proceedings
Request for a preliminary ruling from the Tribunalul Ilfov
Language of the case: Romanian
| Summary |
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Judgment of the Court (Seventh Chamber) of 2 June 2022
ECLI:EU:C:2022:427 |
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Case C-545/20 R Bulgaria v Parliament and Council
Interim measures – Article 263 TFEU – Action for annulment of an EU act – Article 278 TFEU – Application to suspend operation of that act – Transport – Regulation (EU) 2020/1055 – Obligation for an undertaking to return its vehicles to its Member State of establishment – Urgency – Deterioration of the economic and social situation of a Member State – Damage to the environment
Language of the case: Bulgarian
| Summary |
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Order of the Vice-President of the Court of 3 June 2022
ECLI:EU:C:2022:445 |
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Case C-547/20 R Romania v Parliament and Council
Interim measures – Article 263 TFEU – Action for annulment of an EU act – Article 278 TFEU – Application to suspend operation of that act – Transport – Regulation (EU) 2020/1055 – Obligation for an undertaking to return its vehicles to its Member State of establishment – Urgency – Deterioration of the economic and social situation of a Member State – Damage to the environment
Language of the case: Romanian
| Summary |
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Order of the Vice-President of the Court of 3 June 2022
ECLI:EU:C:2022:446 |
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Case C-188/21 Megatherm-Csillaghegy v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Right to deduct VAT – Procedure for exercising that right – Revocation and subsequent restoration of a taxable person’s tax identification number – Forfeiture of the right to deduct VAT in respect of transactions carried out during the period prior to that revocation – Principle of proportionality
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
| Summary |
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Order of the Court (Seventh Chamber) of 3 June 2022
ECLI:EU:C:2022:444 |
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Case C-599/20 Baltic Master v Muitinėsdepartamentas prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling – Customs union – Community Customs Code – Regulation (EEC) No 2913/92 – Article 29 – Determination of the customs value – Transaction value – Article 29(1)(d) – Concept of ‘related persons’ – Article 31 – Account taken of information derived from a national database for the purpose of determining the customs value – Regulation (EEC) No 2454/93 – Article 143(1)(b), (e) and (f) – Situations in which persons are deemed to be related – Article 181a – Doubts based on the veracity of the price declared
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Emiliou delivered on 20 January 2022
ECLI:EU:C:2022:46 |
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Judgment of the Court (Second Chamber) of 9 June 2022
ECLI:EU:C:2022:457 |
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Case C-673/20 EP v Préfet du Gers and INSEE
Reference for a preliminary ruling – Citizenship of the Union – National of the United Kingdom of Great Britain and Northern Ireland residing in a Member State – Article 9 TEU – Articles 20 and 22 TFEU – Right to vote and to stand as a candidate in municipal elections in the Member State of residence. – Article 50 TEU – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Consequences of the withdrawal of a Member State from the Union – Removal from the electoral roll in the Member State of residence – Articles 39 and 40 of the Charter of Fundamental Rights of the European Union – Validity of Decision (EU) 2020/135
Request for a preliminary ruling from the Tribunal judiciaire d’Auch
Language of the case: French
| Summary |
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Opinion of Advocate General Collins delivered on 24 February 2022
ECLI:EU:C:2022:129 |
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Judgment of the Court (Grand Chamber) of 9 June 2022
ECLI:EU:C:2022:449 |
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Case C-55/21 Direktor na Agentsia 'Mitnitsi' v IMPERIAL TOBACCO BULGARIA
Request for a preliminary ruling – Taxation – Excise duties – Directive 2008/118/EC – Article 11 – Reimbursement of excise duty on excise goods released for consumption – Directive 2011/64/EU – point (b) of the first paragraph of Article 17 – Reimbursement of excise duty already paid, by means of tax markings, affixed to manufactured tobacco destroyed under administrative supervision – Obligation of Member States to adopt regulations providing for the reimbursement of excise duties on manufactured tobacco released for consumption and destroyed under customs supervision – None
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Tenth Chamber) of 9 June 2022
ECLI:EU:C:2022:459 |
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Case C-187/21 FAWKES v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Regulation (EEC) No 2913/92 – Community Customs Code – Article 30(2)(a) and (b) – Customs value – Determination of the transaction value of similar goods – Database set up and managed by the national customs authority – Databases set up and managed by the customs authorities of other Member States and by the services of the European Union – Identical or similar goods exported to the European Union ‘at or about the same time
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
| Summary |
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Judgment of the Court (Fifth Chamber) of 9 June 2022
ECLI:EU:C:2022:458 |
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Case C-697/19 P Sony Corporation and Sony Electronics v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Optical disk drives – Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area of 2 May 1992 – Single and continuous infringement – Definition – Collusive agreements relating to procurement events concerning optical disk drives for notebook and desktop computers organised by two computer manufacturers
Language of the case: English
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 3 June 2021
ECLI:EU:C:2021:452 |
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Judgment of the Court (Fourth Chamber) of 16 June 2022
ECLI:EU:C:2022:478 |
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Case C-698/19 P Sony Optiarc and Sony Optiarc America v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Optical disk drives – Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area of 2 May 1992 – Single and continuous infringement – Definition – Collusive agreements relating to procurement events concerning optical disk drives for notebook and desktop computers organised by two computer manufacturers
Language of the case: English
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 3 June 2021
ECLI:EU:C:2021:452 |
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Judgment of the Court (Fourth Chamber) of 16 June 2022
ECLI:EU:C:2022:480 |
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Case C-699/19 P Quanta Storage v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Optical disk drives – Decision finding an infringement of Article 101 TFEU and of Article 53 of the Agreement on the European Economic Area of 2 May 1992 – Single and continuous infringement – Definition – Collusive agreements relating to procurement events concerning optical disk drives for notebook and desktop computers organised by two computer manufacturers
Language of the case: English
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Opinion of Advocate General Pitruzzella delivered on 3 June 2021
ECLI:EU:C:2021:452 |
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Judgment of the Court (Fourth Chamber) of 16 June 2022
ECLI:EU:C:2022:483 |
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Case C-700/19 P Toshiba Samsung Storage Technology and Toshiba Samsung Storage Technology Korea v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Optical disk drives – Decision finding an infringement of Article 101 TFEU and of Article 53 of the Agreement on the European Economic Area of 2 May 1992 – Single and continuous infringement – Definition – Collusive agreements relating to procurement events concerning optical disk drives for notebook and desktop computers organised by two computer manufacturers
Language of the case: English
| Summary |
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Opinion of Advocate General Pitruzzella delivered on 3 June 2021
ECLI:EU:C:2021:452 |
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Judgment of the Court (Fourth Chamber) of 16 June 2022
ECLI:EU:C:2022:484 |
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Case Avis 1/20 Opinion pursuant to Article 218(11) TFEU (Modernised Energy Charter Treaty)
Opinion pursuant to Article 218(11) TFEU – Request for an Opinion – Draft modernised Energy Charter Treaty – Article 26 – Dispute settlement mechanism – Admissibility
Language of the case: French
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Opinion of the Court of 16 June 2022
ECLI:EU:C:2022:485 |
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Case C-328/20 Commission v Austria (Indexation of family benefits)
Failure to fulfil obligations – Coordination of social security systems – Regulation (EC) No 883/2004 – Articles 4, 7 and 67 – Freedom of movement for workers – Regulation (EU) No 492/2011 – Article 7 – Equal treatment – Family benefits – Social and tax advantages – Adjustment of amounts on the basis of price levels in the children’s State of residence
Language of the case: German
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 20 January 2022
ECLI:EU:C:2022:45 |
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Judgment of the Court (Second Chamber) of 16 June 2022
ECLI:EU:C:2022:468 |
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Case C-520/20 DB and LY v Nachalnik na Rayonno upravlenie Silistra pri Oblastna direktsia na Ministerstvo na vatreshnite raboti
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Second generation Schengen Information System (SIS II) – Decision 2007/533/JHA – Articles 38 and 39 – Alert on an object sought – Objectives of the alert – Seizure or use as evidence in criminal proceedings – Execution – Measures to be taken and action based on an alert – Surrender of the object seized to the Member State issuing the alert – National legislation not permitting a refusal to execute the alert
Request for a preliminary ruling from the Administrativen sad – Silistra
Language of the case: Bulgarian
| Summary |
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Opinion of Advocate General Pikamäe delivered on 13 January 2022
ECLI:EU:C:2022:12 |
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Judgment of the Court (First Chamber) of 16 June 2022
ECLI:EU:C:2022:466 |
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Case C-572/20 ACC Silicones v Bundeszentralamt für Steuern
Reference for a preliminary ruling – Free movement of capital – Dividends from ‘free-float’ shares – Reimbursement of tax on income from capital paid by a non-resident company – Conditions – Free movement of capital – Principle of proportionality
Request for a preliminary ruling from the Finanzgericht Köln
Language of the case: German
| Summary |
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Opinion of Advocate General Collins delivered on 20 January 2022
ECLI:EU:C:2022:48 |
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Judgment of the Court (Fourth Chamber) of 16 June 2022
ECLI:EU:C:2022:469 |
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Case C-577/20 Proceedings brought by A (Psychotherapists)
Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Article 2 – Scope – Article 13(2) – Regulated professions – Right to take up the profession of psychotherapist in a Member State based on a diploma in psychotherapy awarded by a university established in another Member State – Articles 45 and 49 TFEU – Freedom of movement and establishment – Assessment of the equivalence of training – Article 4(3) TEU – Principle of sincere cooperation among Member States – Doubts of the host Member State as to the level of knowledge and qualifications that can be presumed from a diploma awarded in another Member State – Conditions
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
| Summary |
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Opinion of Advocate General Szpunar delivered on 10 March 2022
ECLI:EU:C:2022:179 |
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Judgment of the Court (First Chamber) of 16 June 2022
ECLI:EU:C:2022:467 |
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Case C-596/20 DuoDecad v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Articles 2, 24 and 43 – Place of supply of services – Technical support services provided to a company established in another Member State – Abuse of rights – Assessment of the facts – Lack of jurisdiction
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Kokott delivered on 10 February 2022
ECLI:EU:C:2022:91 |
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Judgment of the Court (Tenth Chamber) of 16 June 2022
ECLI:EU:C:2022:474 |
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Joined Cases C-65/21 P and C-73/21 P to C-75/21 P SGL Carbon and Others v Commission
Appeals – Environment – Regulation (EC) No 1272/2008 – Classification, labelling and packaging of certain substances and mixtures – Regulation (EU) No 944/2013 – Classification of pitch, coal tar, high-temp as an Aquatic Acute 1 (H400) toxic substance and as an Aquatic Chronic 1 (H410) toxic substance – Annulment – Actions for damages
Language of the case: English
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Opinion of Advocate General Szpunar delivered on 3 February 2022
ECLI:EU:C:2022:78 |
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Judgment of the Court (Fourth Chamber) of 16 June 2022
ECLI:EU:C:2022:470 |
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Case C-229/21 Port de Bruxelles and Région de Bruxelles-Capitale v Infrabel
Reference for a preliminary ruling – Trans-European transport network – Regulation (EU) No 1315/2013 – Article 15(1) – Inland waterways transport infrastructure – Inland ports – Obligation of a Member State to connect inland ports with road or rail transport infrastructure – Removal of the connection with one of those two types of transport infrastructure – Conditions
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 31 March 2022
ECLI:EU:C:2022:247 |
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Judgment of the Court (Fifth Chamber) of 16 June 2022
ECLI:EU:C:2022:471 |
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Case C-376/21 Zamestnik-ministar na regionalnoto v Obshtina Razlog
Reference for a preliminary ruling – Public procurement – Regulation (EU, Euratom) 2018/1046 – Regulation (EU, Euratom) No 966/2012 – Inapplicability to public contracts awarded by Member States and financed by resources from the European Structural and Investment Funds – Directive 2014/24/EU – Direct and unconditional reference to provisions of EU law in national legislation – Applicability to a contract whose estimated value is lower than the threshold set in the directive – Article 32(2)(a) – Option for a contracting authority to invite only one economic operator to participate in a negotiated procedure without prior publication after deeming a prior open procedure unsuccessful – Obligation to maintain the initial conditions of the contract without introducing substantial alterations
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Judgment of the Court (Eighth Chamber) of 16 June 2022
ECLI:EU:C:2022:472 |
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Case C-700/20 London Steam-Ship Owners’ Mutual Insurance Association v Kingdom of Spain
Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 44/2001 – Recognition of a judgment given in another Member State – Grounds for non-recognition – Article 34(3) – Judgment irreconcilable with a judgment given in a dispute between the same parties in the Member State in which recognition is sought – Conditions – Whether the prior judgment entered in the terms of an arbitral award complies with the provisions and fundamental objectives of Regulation (EC) No 44/2001 – Article 34(1) – Recognition manifestly contrary to public policy in the Member State in which recognition is sought – Conditions
Request for a preliminary ruling from the High Court of Justice Business and Property Courts of England and Wales
Language of the case: English
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Opinion of Advocate General Collins delivered on 5 May 2022
ECLI:EU:C:2022:358 |
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Judgment of the Court (Grand Chamber) of 20 June 2022
ECLI:EU:C:2022:488 |
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Case C-817/19 Ligue des droits humains v Conseil des ministres
Reference for a preliminary ruling – Processing of personal data – Passenger Name Record (PNR) data – Regulation (EU) 2016/679 – Article 2(2)(d) – Scope – Directive (EU) 2016/681 – Use of PNR data of air passengers of flights operated between the European Union and third countries – Power to include data of air passengers of flights operated within the European Union – Automated processing of those data – Retention period – Fight against terrorist offences and serious crime – Validity – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 21 as well as Article 52(1) – National legislation extending the application of the PNR system to other transport operations within the European Union – Freedom of movement within the European Union – Charter of Fundamental Rights – Article 45
Request for a preliminary ruling from the Cour constitutionnelle
Language of the case: French
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Opinion of Advocate General Pitruzzella delivered on 27 January 2022
ECLI:EU:C:2022:65 |
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Judgment of the Court (Grand Chamber) of 21 June 2022
ECLI:EU:C:2022:491 |
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Case C-267/20 Volvo and DAF Trucks v RM
Reference for a preliminary ruling – Agreements, decisions and concerted practices – Article 101 TFEU – Directive 2014/104/EU – Articles 10, 17 and 22 – Actions for damages for infringements of the provisions of EU competition law – Limitation period – Rebuttable presumption of harm – Quantification of harm suffered – Late transposition of the directive – Temporal application – Substantive and procedural provisions
Request for a preliminary ruling from the Audiencia Provincial - León
Language of the case: Spanish
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Opinion of Advocate General Rantos delivered on 28 October 2021
ECLI:EU:C:2021:884 |
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Judgment of the Court (First Chamber) of 22 June 2022
ECLI:EU:C:2022:494 |
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Case C-534/20 Leistritz v LH
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Second sentence of Article 38(3) – Data protection officer – Prohibition of the dismissal, by a controller or processor, of a data protection officer or of the imposition, by a controller or processor, of a penalty on him or her for performing his or her tasks – Legal basis – Article 16 TFEU – Requirement of functional independence – National legislation prohibiting the termination of a data protection officer’s employment contract without just cause
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 27 January 2022
ECLI:EU:C:2022:62 |
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Judgment of the Court (First Chamber) of 22 June 2022
ECLI:EU:C:2022:495 |
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Case C-661/20 Commission v Slovakia (Protection of the capercaillie)
Failure of a Member State to fulfil obligations – Directive 92/43/EEC – Article 6(2) and (3) – Conservation of natural habitats and of wild fauna and flora – Directive 2009/147/EC – Article 4(1) – Conservation of wild birds – Capercaillie (Tetrao urogallus) – Forest management strategies – Emergency felling – Appropriate assessment of their implications – Natura 2000 sites – Special protection areas designated for the conservation of the capercaillie – Absence of measures to prevent the deterioration of habitats and of special conservation measures in certain areas
Language of the case: Slovak
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Judgment of the Court (Sixth Chamber) of 22 June 2022
ECLI:EU:C:2022:496 |
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Case C-2/21 Rzecznik Praw Obywatelskich v K.S. and Others
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Citizenship of the Union – Articles 20 and 21 TFEU – Right to move and reside freely within the territory of the Member States – Birth certificate issued by the Member State of birth of the child and designating two mothers in respect of that child – Refusal by the Member State of origin of one of those two mothers to transcribe that birth certificate into the national register of civil status – Transcription of that certificate being a prerequisite for the issuing of identity documents – National legislation of that Member State of origin not recognising the parenthood of persons of the same sex
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Krakowie
Language of the case: Polish
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Order of the Court (Tenth Chamber) of 24 June 2022
ECLI:EU:C:2022:502 |
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Case C-278/20 Commission v Spain (Breach of EU law by the legislature)
Failure of a Member State to fulfil obligations – Liability of Member States for harm caused to individuals by infringements of EU law – Infringement of EU law attributable to the national legislature – Infringement of the Constitution of a Member State attributable to the national legislature – Principles of equivalence and effectiveness
Language of the case: Spanish
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Opinion of Advocate General Szpunar delivered on 9 December 2021
ECLI:EU:C:2021:996 |
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Judgment of the Court (Grand Chamber) of 28 June 2022
ECLI:EU:C:2022:503 |
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Case C-728/21 OF v IFAP (Action interrupting the limitation period)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Regulation (EC, Euratom) No 2988/95 – Protection of the European Union’s financial interests – Irregularities with regard to EU law – Proceedings – Limitation period – Interruption – Act relating to investigation or legal proceedings concerning an irregularity – Concept – Control report identifying the existence of an irregularity
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
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Order of the Court (Ninth Chamber) of 28 June 2022
ECLI:EU:C:2022:519 |
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Case C-625/20 KM v INSS (Combination of total occupational invalidity pensions)
Reference for a preliminary ruling – Social policy – Equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1) – Indirect discrimination on ground of sex – National legislation providing that two or more total occupational invalidity pensions acquired under the same statutory social security scheme are incompatible – Compatibility of such pensions where they come under different statutory social security schemes – Finding of indirect discrimination on the basis of statistical data – Determination of the affected groups to be compared – Justification
Request for a preliminary ruling from the Juzgado de lo Social de Barcelona
Language of the case: Spanish
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Opinion of Advocate General Medina delivered on 24 February 2022
ECLI:EU:C:2022:132 |
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Judgment of the Court (Second Chamber) of 30 June 2022
ECLI:EU:C:2022:508 |
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Case C-652/20 HW and Others v Allianz Elementar Versicherung
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Jurisdiction in insurance matters – Article 11(1)(b) – Action brought by the policyholder, the insured or a beneficiary – Possibility of suing the insurer in the courts for the place where the claimant is domiciled – Determination of the international and local jurisdiction of a court of a Member State – Article 13(2) – Actions brought by the injured party directly against the insurer – Insurer domiciled in a Member State and having an establishment in another Member State sued in the court within whose jurisdiction that establishment is situated
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
| Summary |
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Judgment of the Court (Eighth Chamber) of 30 June 2022
ECLI:EU:C:2022:514 |
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Case C-51/21 Aktsiaselts M.V.WOOL v Põllumajandus- ja Toiduamet
Reference for a preliminary ruling – Food law – Regulation (EC) No 2073/2005 – Microbiological criteria for foodstuffs – Article 3(1) – Obligations of food business operators – Annex I – Point 1.2 of Chapter 1 – Limit values for the presence of Listeria monocytogenes in fish products before and after being placed on the market – Regulation (EC) No 178/2002 – Article 14(8) – Official controls of the product at the stage at which it is placed on the market – Scope
Request for a preliminary ruling from the Tallinna Halduskohus
Language of the case: Estonian
| Summary |
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Judgment of the Court (Eighth Chamber) of 30 June 2022
ECLI:EU:C:2022:515 |
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Case C-56/21 ARVI ir ko v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 137 – Optional tax liability scheme – Conditions – National legislation which makes the right of a taxable person to opt to charge VAT on the sale of immovable property conditional on the transfer of that property to a taxable person already registered for VAT purposes – Obligation to adjust VAT deductions where that condition is not satisfied – Principles of fiscal neutrality, of effectiveness and of proportionality
Request for a preliminary ruling from the Mokestinių ginčų komisija prie Lietuvos Respublikos vyriausybės
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Kokott delivered on 24 March 2022
ECLI:EU:C:2022:223 |
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Judgment of the Court (Second Chamber) of 30 June 2022
ECLI:EU:C:2022:509 |
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Case C-99/21 P Danske Slagtermestre v Commission
Appeal – State aid – Article 107(1) TFEU – Contributions scheme for the collection of waste water – Complaint – Decision finding that there is no State aid – Action for annulment – Admissibility – Locus standi – Fourth paragraph of Article 263 TFEU – Regulatory act not entailing implementing measures – Direct concern
Language of the case: Danish
| Summary |
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Opinion of Advocate General Rantos delivered on 24 February 2022
ECLI:EU:C:2022:137 |
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Judgment of the Court (Fourth Chamber) of 30 June 2022
ECLI:EU:C:2022:510 |
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Case C-105/21 Criminal proceedings against IR (Information on the national arrest decision)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Charter of Fundamental Rights of the European Union – Articles 6 and 47 – Right to freedom of movement and residence – Right to an effective judicial remedy – Principles of equality and mutual trust – Framework Decision 2002/584/JHA – Directive 2012/13/EU – Right to information in criminal proceedings – Letter of Rights on arrest – Right of a person to be informed of the accusation against him or her in relation to a national arrest warrant – Right of access to the materials of the case – Conditions for issuing a European arrest warrant in respect of an accused person who is in the executing Member State – Primacy of EU law
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Fourth Chamber) of 30 June 2022
ECLI:EU:C:2022:511 |
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Case C-146/21 Direcţia Generală Regională a Finanţelor Publice Bucureşti - Administraţia Sector 1 a Finanţelor Publice v VB and DGRFP Bucureşti -Serviciul Soluţionare Contestaţii 1
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Implementing Decisions 2010/583/EU and 2013/676/EU authorising Romania to derogate from Article 193 of that directive – Reverse charge mechanism – Supplies of wood products – National legislation imposing a condition of registration for VAT purposes for the application of that mechanism – Principle of fiscal neutrality
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
| Summary |
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Judgment of the Court (Seventh Chamber) of 30 June 2022
ECLI:EU:C:2022:512 |
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Case C-170/21 Profi Credit Bulgaria v T.I.T. (Offsetting ex officio in the event of an unfair term)
Reference for a preliminary ruling – Directive 93/13/EEC – Consumer credit – Unfair terms in consumer contracts – Article 6(1) – Ex officio review – Refusal to issue an order for payment in the event of a claim based on an unfair term – Consequences relating to the unfairness of a contractual term – Right to restitution – Principles of equivalence and effectiveness – Offsetting ex officio
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
| Summary |
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Judgment of the Court (Ninth Chamber) of 30 June 2022
ECLI:EU:C:2022:518 |
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Case C-192/21 Clemente v Comunidad de Castilla y León
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4(1) – Principle of non-discrimination – Failure to take into account the services provided by an interim civil servant who has become a career civil servant for the purpose of consolidating his or her personal grade – Assimilation of those services to those provided by a career civil servant – Concept of ‘objective grounds’ – Taking into account the period of service for the purpose of acquiring the status of career civil servant – Structure of the vertical progression of career civil servants under national legislation
Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León
Language of the case: Spanish
| Summary |
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Judgment of the Court (Seventh Chamber) of 30 June 2022
ECLI:EU:C:2022:513 |
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Case C-72/22 PPU M.A. v Valstybės sienos apsaugos tarnyba
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Asylum and immigration policy – Directive 2011/95/EU – Article 4 – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Articles 6 and 7 – Standards for the reception of applicants for international protection – Article 18 of the Charter of Fundamental Rights of the European Union – Directive 2013/33/EU – Article 8 – Detention of the applicant – Ground for detention – Protection of national security or public order – Detention of the applicant for having entered the territory of the European Union unlawfully
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Emiliou delivered on 2 June 2022
ECLI:EU:C:2022:431 |
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Judgment of the Court (First Chamber) of 30 June 2022
ECLI:EU:C:2022:505 |
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Information (on unpublished decisions)
Case C-706/21 Petróleos de Portugal – Petrogal v Secretário de Estado dos Assuntos Fiscais
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to set out the legal context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred – Manifest inadmissibility
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Order of the Court (Tenth Chamber) of 1 June 2022 ECLI:EU:C:2022:418 |
Case C-299/21 P EM v Parliament
Appeal – Civil service – European Parliament – Member of the temporary staff in the service of a political group – Staff Regulations of Officials of the European Union – Article 7 – Transfer – Article 12 and Article 12a(3) – Concept of ‘psychological harassment’ – Failure to assign tasks – Conditions of Employment of Other Servants of the European Union – Request for assistance – Loss or harm – Compensation
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Judgment of the Court (Tenth Chamber) of 2 June 2022 ECLI:EU:C:2022:429 |
Case C-541/21 P Mélin v Parliament
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Institutional law – Implementing Measures for the Statute for Members of the European Parliament – Article 33(1) and (2) – Parliamentary assistance allowance – Recovery of undue payments – Plea of illegality – Principle of legal certainty – Principle of the protection of legitimate expectations – Assessment of evidence – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Tenth Chamber) of 2 June 2022 ECLI:EU:C:2022:447 |
Case C-573/21 P Arnautu v Parliament
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Institutional law – Implementing Measures for the Statute for Members of the European Parliament – Article 33(1) and (2) – Parliamentary assistance allowance – Recovery of undue payments – Plea of illegality – Principle of legal certainty – Principle of the protection of legitimate expectations – Assessment of evidence – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Tenth Chamber) of 2 June 2022 ECLI:EU:C:2022:448 |
Case C-194/22 P Magic Box Int. Toys v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 7 June 2022 ECLI:EU:C:2022:463 |
Case C-212/22 P(I) SES Astra v Commission
Appeal – Intervention – Article 40, second paragraph, second sentence, of the Statute of the Court of Justice of the European Union – Dispute between a Member State and an Institution of the European Union – Article 47 of the Charter of Fundamental Rights of the European Union – Dismissal
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Order of the Vice-President of the Court of 7 June 2022 ECLI:EU:C:2022:460 |
Case C-603/21 P UPTR v Parliament and Council
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Order of the Court (Tenth Chamber) of 9 June 2022 ECLI:EU:C:2022:464 |
Case C-120/22 P Cyprus v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, coherence or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 15 June 2022 ECLI:EU:C:2022:493 |
Case C-121/22 P Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, coherence or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 15 June 2022 ECLI:EU:C:2022:492 |
Case C-145/22 P Lück v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Court determining whether appeals may proceed) of 17 June 2022 ECLI:EU:C:2022:487 |
Case C-152/22 P Legero Schuhfabrik v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Court determining whether appeals may proceed) of 22 June 2022 ECLI:EU:C:2022:500 |
Case C-153/22 P Legero Schuhfabrik v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 22 June 2022 ECLI:EU:C:2022:524 |
Case C-154/22 P Legero Schuhfabrik v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 22 June 2022 ECLI:EU:C:2022:501 |
Case C-3/22 P Equinoccio-Compañía de Comercio Exterior v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Article 263 TFEU – Acts which may be the subject of an action before the EU Courts – Pre-accession assistance – Legal situation forming part of contractual relationships governed by the national law designated by the contracting parties – National public procurement – Letter from the European Commission concerning the enforcement of a bank guarantee requested by the national contracting authority
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Order of the Court (Eighth Chamber) of 27 June 2022 ECLI:EU:C:2022:504 |
Case C-63/21 P Camerin v Commission
Appeal – Civil service – Former official – Sums deducted from retirement pension – Enforcement of a decision of a national court – Action for annulment and for damages
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Judgment of the Court (Eighth Chamber) of 30 June 2022 ECLI:EU:C:2022:516 |
Case C-149/21 P Fakro v Commission
Appeal – Competition – Rejection of a complaint by the European Commission – Lack of European Union interest
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Judgment of the Court (Ninth Chamber) of 30 June 2022 ECLI:EU:C:2022:517 |
Case C-14/22 P QC v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Pension – Article 11(2) of Annex VIII to the Staff Regulations of Officials of the European Union – Transfer of pension rights to the EU scheme – Calculation of the pension rights to be transferred – Competence of the national social security authority – Refusal to transfer those rights – Decision of the European Commission fixing the number of years of pensionable service – Power of assessment of the Commission in calculating these rights – None – Action for annulment and for damages – Appeal manifestly unfounded
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Order of the Court (Ninth Chamber) of 30 June 2022 ECLI:EU:C:2022:520 |
Case C-150/22 P HG v Commission
Appeal – Article 53(2) of the Rules of Procedure of the Court of Justice – Civil service – Decision of the General Court of the European Union from which no appeal lies – Manifest lack of jurisdiction
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Order of the Court (Tenth Chamber) of 30 June 2022 ECLI:EU:C:2022:523 |
July 2022
Case C-576/20 CC v Pensionsversicherungsanstalt (Child-raising periods completed abroad)
Reference for a preliminary ruling – Social security for migrant workers – Regulation (EC) No 987/2009 – Article 44(2) – Scope – Old-age pension – Calculation – Taking into account of child-raising periods completed in other Member States – Article 21 TFEU – Free movement of citizens
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Opinion of Advocate General Emiliou delivered on 3 February 2022
ECLI:EU:C:2022:75 |
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Judgment of the Court (Second Chamber) of 7 July 2022
ECLI:EU:C:2022:525 |
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Case C-696/20 B. v Dyrektor Izby Skarbowej w W. (Incorrect classification of chain transactions)
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 41 – Intra-Community acquisition of goods – Place – Chain of successive transactions – Incorrect classification of some of the transactions – Principles of proportionality and fiscal neutrality
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Opinion of Advocate General Emiliou delivered on 7 April 2022
ECLI:EU:C:2022:289 |
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Judgment of the Court (Sixth Chamber) of 7 July 2022
ECLI:EU:C:2022:528 |
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Case C-7/21 LKW WALTER Internationale Transportorganisation v CB and Others
Reference for a preliminary ruling – Judicial cooperation in civil matters – Service of documents – Regulation (EC) No 1393/2007 – Article 8(1) – One-week period within which the right to refuse to accept a document is to be exercised – Enforcement order made in one Member State and served in another Member State in the language of the first Member State only – Legislation of that first Member State laying down an eight-day period to lodge an objection to that order – Period for lodging an objection starting to run at the same time as the period laid down for the purpose of exercising the right to refuse to accept the document – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy
Request for a preliminary ruling from the Bezirksgericht Bleiburg
Language of the case: German
| Summary |
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Opinion of Advocate General Pikamäe delivered on 10 March 2022
ECLI:EU:C:2022:185 |
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Judgment of the Court (Fourth Chamber) of 7 July 2022
ECLI:EU:C:2022:527 |
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Case C-13/21 Pricoforest v ISCTR
Reference for a preliminary ruling – Road transport – Social legislation – Regulation (EC) No 561/2006 – Exceptions – Article 13(1)(b) – Notion of ‘a radius of up to 100 kilometres (km) from the base of the undertaking’ – Vehicles effecting carriage within and also outside of that radius
Request for a preliminary ruling from the Judecătoria Miercurea Ciuc
Language of the case: Romanian
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Opinion of Advocate General Emiliou delivered on 10 March 2022
ECLI:EU:C:2022:188 |
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Judgment of the Court (Eighth Chamber) of 7 July 2022
ECLI:EU:C:2022:531 |
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Case C-24/21 PH v Regione Autonoma Friuli Venezia Giulia and Servizio foreste e corpo forestale della Regione Autonoma Friuli Venezia Giulia (Regional ban on the cultivation of GMOs)
Reference for a preliminary ruling – Agriculture – Genetically modified food and feed – Regulation (EC) No 1829/2003 – Deliberate release into the environment of genetically modified organisms – Directive 2001/18/EC – Article 26a – Possibility for Member States to take appropriate measures to avoid the unintended presence of genetically modified organisms in other products – Conditions of application – Principle of proportionality – Guidelines for the development of national coexistence measures to avoid the unintended presence of genetically modified organisms in conventional and organic crops – Measure adopted by an infra-State body prohibiting on its territory the cultivation of genetically modified maize
Request for a preliminary ruling from the Tribunale ordinario di Pordenone
Language of the case: Italian
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Judgment of the Court (Second Chamber) of 7 July 2022
ECLI:EU:C:2022:526 |
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Case C-194/21 Staatssecretaris van Financiën v X
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Articles 184 and 185 – Adjustment of deductions – Taxable person who did not exercise their right of deduction before the expiry of a limitation period – No possibility of making that deduction in the context of adjustment
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Judgment of the Court (Tenth Chamber) of 7 July 2022
ECLI:EU:C:2022:535 |
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Joined Cases C-213/21 and C-214/21 Italy Emergenza v Azienda Sanitaria Locale Barletta-Andria-Trani and Azienda Sanitaria Provinciale di Cosenza
Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Scope – Article 10(h) – Specific exclusions for service contracts – Civil defence, civil protection and danger prevention services – Non-profit organisations or associations – Ambulance service classified as an emergency service – Voluntary organisations – Social cooperatives
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Eighth Chamber) of 7 July 2022
ECLI:EU:C:2022:532 |
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Joined Cases C-257/21 and C-258/21 Coca-Cola European Partners Deutschland v L.B. and R.G.
Reference for a preliminary ruling – Social policy – Article 153 TFEU – Protection of workers – Directive 2003/88/EC – Organisation of working time – Night work – Collective agreement which provides for a lower supplementary allowance for regular night work than that established for irregular night work – Equal treatment – Article 20 of the Charter of Fundamental Rights of the European Union – Implementation of Union law for the purposes of Article 51(1) of the Charter of Fundamental Rights
Requests for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 7 July 2022
ECLI:EU:C:2022:529 |
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Case C-261/21 F. Hoffmann-La Roche and Others v Autorità Garante della Concorrenza e del Mercato
Reference for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Obligation on Member States to provide remedies sufficient to ensure effective legal protection in the fields covered by EU law – Article 267 TFEU – Obligation on the referring court to give full effect to the interpretation of EU law provided by the Court of Justice – Charter of Fundamental Rights of the European Union – Article 47 – Access to an independent and impartial tribunal previously established by law – Judgment of a national court of last instance after a preliminary ruling by the Court – Alleged non-conformity of that judgment with the interpretation of EU law provided by the Court – National legislation preventing the bringing of an action for revision of that judgment
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Ninth Chamber) of 7 July 2022
ECLI:EU:C:2022:534 |
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Case C-264/21 Keskinäinen Vakuutusyhtiö Fennia v Koninklijke Philips
Reference for a preliminary ruling – Directive 85/374/EEC – Liability for defective products – Article 3(1) – Concept of ‘producer’ – Any person who, by putting his name, trade mark or other distinguishing feature on the product, or having authorised those particulars to be put on the product, presents himself as its producer
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
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Judgment of the Court (Tenth Chamber) of 7 July 2022
ECLI:EU:C:2022:536 |
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Case C-308/21 KU and Others v SATA International – Azores Airlines (Failure of the refuelling system)
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Compensation and assistance to passengers – Cancellation or long delay of flights – Article 5(3) – Exemption from the obligation to pay compensation – Extraordinary circumstances – Generalised failure of the aircraft refuelling system at the airport
Request for a preliminary ruling from the Tribunal Judicial da Comarca dos Açores
Language of the case: Portuguese
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Judgment of the Court (Eighth Chamber) of 7 July 2022
ECLI:EU:C:2022:533 |
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Case C-377/21 Ville de Mons and Zone de secours Hainaut - Centre v RM
Reference for a preliminary ruling – Social policy – Directive 97/81/EC – Framework Agreement on part-time work – Clause 4 – Principle of non-discrimination – Principle of pro rata temporis – Taking into account, for the purpose of calculating the remuneration of a full-time professional firefighter, the length of service for remuneration purposes which he has acquired as a volunteer firefighter, in accordance with the principle of pro rata temporis
Request for a preliminary ruling from the Cour du travail de Mons
Language of the case: French
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Judgment of the Court (Seventh Chamber) of 7 July 2022
ECLI:EU:C:2022:530 |
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Case C-348/20 P Nord Stream 2 v Parliament and Council
Appeal – Energy – Internal market in natural gas – Directive 2009/73/EC – Directive (EU) 2019/692 – Extension of the application of Directive 2009/73 to gas lines between Member States and third countries – Fourth paragraph of Article 263 TFEU – Action for annulment – Condition that an applicant must be directly concerned by the measure that forms the subject matter of its action – Lack of discretion as to the obligations imposed on the appellant – Condition that an applicant must be individually concerned by the measure that forms the subject matter of its action – Arrangements for the exemptions and derogations excluding the appellant as the sole operator from their benefit – Request that documents be removed from the case file – Rules on the production of evidence before the EU Courts – Documents internal to the European Union institutions
Language of the case: English
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Opinion of Advocate General Bobek delivered on 6 October 2021
ECLI:EU:C:2021:831 |
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Judgment of the Court (Grand Chamber) of 12 July 2022
ECLI:EU:C:2022:548 |
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Joined Cases C-59/18 and C-182/18 Italy and Comune di Milano v Council (Seat of the European Medicines Agency)
Action for annulment – Law governing the institutions – EU bodies, offices and agencies – European Medicines Agency (EMA) – Competence to determine the location of the seat – Article 341 TFEU – Scope – Decision adopted by the Representatives of the Governments of the Member States in the margins of a Council meeting – Jurisdiction of the Court under Article 263 TFEU – Author and legal nature of the act – Absence of binding effects in the EU legal order
Language of the case: Italian
| Summary |
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Opinion of Advocate General Bobek delivered on 6 October 2021
ECLI:EU:C:2021:812 |
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Judgment of the Court (Grand Chamber) of 14 July 2022
ECLI:EU:C:2022:567 |
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Joined Cases C-106/19 and C-232/19 Italy and Comune di Milano v Council and Parliament (Seat of the European Medicines Agency)
Action for annulment – Law governing the institutions – Regulation (EU) 2018/1718 – Location of the seat of the European Medicines Agency (EMA) in Amsterdam (Netherlands) – Article 263 TFEU – Admissibility – Interest in bringing proceedings – Locus standi – Direct and individual concern – Decision adopted by the Representatives of the Governments of the Member States in the margins of a Council meeting in order to determine the location of the seat of an EU agency – Absence of binding effects in the EU legal order – Prerogatives of the European Parliament
Language of the case: Italian
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Opinion of Advocate General Bobek delivered on 6 October 2021
ECLI:EU:C:2021:816 |
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Judgment of the Court (Grand Chamber) of 14 July 2022
ECLI:EU:C:2022:568 |
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Case C-128/20 GSMB Invest v Auto Krainer
Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 715/2007 – Approval of motor vehicles – Article 3(10) – Article 5(1) and (2) – Defeat device – Motor vehicles – Diesel engines – Pollutant emissions – Emission control system – Software installed in the electronic engine controller – Exhaust gas recirculation valve (EGR valve) – Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Prohibition on the use of defeat devices that reduce the effectiveness of emission control systems – Article 5(2)(a) – Exception to that prohibition
Request for a preliminary ruling from the Landesgericht Klagenfurt
Language of the case: German
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Opinion of Advocate General Rantos delivered on 23 September 2021
ECLI:EU:C:2021:758 |
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Judgment of the Court (Grand Chamber) of 14 July 2022
ECLI:EU:C:2022:570 |
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Case C-134/20 IR v Volkswagen
Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 715/2007 – Approval of motor vehicles – Article 3(10) – Article 5(1) and (2) – Defeat device – Motor vehicles – Diesel engines – Pollutant emissions – Emission control system – Software installed in the electronic engine controller – Exhaust gas recirculation valve (‘EGR valve’) – Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Prohibition on the use of defeat devices that reduce the effectiveness of emission control systems – Article 5(2)(a) – Exception to that prohibition – Directive 1999/44/EC – Sale of consumer goods and associated guarantees – Article 3(2) – Device installed during the repair of a vehicle
Request for a preliminary ruling from the Landesgericht Eisenstadt
Language of the case: German
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Judgment of the Court (Grand Chamber) of 14 July 2022
ECLI:EU:C:2022:571 |
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Case C-145/20 DS v Porsche Inter Auto and Volkswagen
Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 715/2007 – Approval of motor vehicles – Article 5(2) – Defeat device – Motor vehicles – Diesel engines – Emission control system – Software installed in the electronic engine controller – Exhaust gas recirculation valve (‘EGR valve’) – Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Prohibition on the use of defeat devices that reduce the effectiveness of emission control systems – Article 5(2)(a) – Exception to that prohibition – Consumer protection – Directive 1999/44/EC – Sale of consumer goods and associated guarantees – Article 2(2)(d) – Concept of ‘goods which show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods’ – Vehicle covered by an EC type-approval – Article 3(6) – Concept of a ‘minor lack of conformity’
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Judgment of the Court (Grand Chamber) of 14 July 2022
ECLI:EU:C:2022:572 |
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Case C-159/20 Commission v Denmark (PDO Feta)
Failure of a Member State to fulfil obligations – Regulation (EU) No 1151/2012 – Quality schemes for agricultural products and foodstuffs – Article 13 – Use of the protected designation of origin (PDO) ‘Feta’ to designate cheese produced in Denmark and intended for export to third countries – Article 4(3) TEU – Principle of sincere cooperation
Language of the case: Danish
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Opinion of Advocate General Ćapeta delivered on 17 March 2022
ECLI:EU:C:2022:198 |
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Judgment of the Court (Fifth Chamber) of 14 July 2022
ECLI:EU:C:2022:561 |
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Case C-436/20 Asociación Estatal de Entidades de Servicios de Atención a Domicilio (ASADE) v Consejería de Igualdad y Políticas Inclusivas
Reference for a preliminary ruling – Articles 49 and 56 TFEU – Purely internal situation – Services in the internal market – Directive 2006/123/EC – Scope – Article 2(2)(j) – Public procurement – Directive 2014/24/EU – Concept of a ‘public contract’ – Articles 74 to 77 – Provision of social services in the form of personal assistance – Contractual action agreements with private, social initiative entities – Exclusion of profit-making operators – Location of the entity as a selection criterion
Request for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Valenciana
Language of the case: Spanish
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Opinion of Advocate General Medina delivered on 3 February 2022
ECLI:EU:C:2022:77 |
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Judgment of the Court (Fourth Chamber) of 14 July 2022
ECLI:EU:C:2022:559 |
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Case C-500/20 ÖBB-Infrastruktur Aktiengesellschaft v Lokomotion Gesellschaft für Schienentraktion
Reference for a preliminary ruling – International agreements – Rail transport – Convention concerning International Carriage by Rail (COTIF) – Uniform Rules concerning the Contract of Use of Infrastructure in International Rail Traffic (CUI) – Article 4 – Mandatory law – Article 8 – Liability of the manager – Article 19 – Other actions – Jurisdiction of the Court – Damage to locomotives belonging to the carrier resulting from a derailment – Lease of replacement locomotives – Obligation on the infrastructure manager to reimburse leasing costs – Contract extending the parties’ liability by a reference to national law
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
| Summary |
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Opinion of Advocate General Ćapeta delivered on 3 February 2022
ECLI:EU:C:2022:79 |
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Judgment of the Court (Fifth Chamber) of 14 July 2022
ECLI:EU:C:2022:563 |
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Case C-36/21 Sense Visuele Communicatie en Handel vof v Minister van Landbouw, Natuur en Voedselkwaliteit
Reference for a preliminary ruling – Common agricultural policy – Regulation (EU) No 1307/2013 – Direct support schemes – Common rules – Article 30(6) and Article 50(2) – Application for payment entitlements from the national reserve for young farmers – National administrative authority which has given incorrect information about the classification of a person as a ‘young farmer’ – Principle of the protection of legitimate expectations – Action seeking reparation for loss or harm based on the failure to comply with the national law principle of legitimate expectations
Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
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Opinion of Advocate General Medina delivered on 24 February 2022
ECLI:EU:C:2022:134 |
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Judgment of the Court (Third Chamber) of 14 July 2022
ECLI:EU:C:2022:556 |
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Case C-110/21 P Universität Bremen v REA
Appeal – Action for annulment – Article 19 of the Statute of the Court of Justice of the European Union – Representation of non-privileged parties in a direct action before the Courts of the European Union – University teacher – University teacher teaching at the university represented in that action and performing duties as coordinator and head of the project that is the subject matter of the dispute – Condition of independence – Existence of a direct and personal interest in the outcome of the dispute
Language of the case: German
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Opinion of Advocate General Emiliou delivered on 24 February 2022
ECLI:EU:C:2022:133 |
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Judgment of the Court (Second Chamber) of 14 July 2022
ECLI:EU:C:2022:555 |
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Joined Cases C-116/21 P to C-118/21 P and C-138/21 P Commission and Council v VW and Others
Appeal – Civil service – Pension – Staff Regulations of Officials of the European Union – Article 20 of Annex VIII – Grant of a survivor’s pension – Surviving spouse of a former official in receipt of a retirement pension – Marriage entered into after termination of the official’s service – Condition that the marriage must have lasted for at least five years at the date of the official’s death – Article 18 of Annex VIII – Marriage entered into before termination of the official’s service – Condition that the marriage must have lasted for at least one year only – Plea of illegality in respect of Article 20 of Annex VIII – Charter of Fundamental Rights of the European Union – Article 20 – Principle of equal treatment – Article 21(1) – Principle of non-discrimination on the ground of age – Article 52(1) – No arbitrary or manifestly inappropriate differentiation in the light of the objective pursued by the EU legislature
Language of the case: French
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Judgment of the Court (Third Chamber) of 14 July 2022
ECLI:EU:C:2022:557 |
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Case C-168/21 KL
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – Article 2(4) – Condition of double criminality of the act – Article 4(1) – Ground for optional non-execution of the European arrest warrant – Verification by the executing judicial authority – Acts some of which constitute an offence under the law of the executing Member State – Article 49(3) of the Charter of Fundamental Rights of the European Union – Principle of proportionality of criminal offences and penalties
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
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Opinion of Advocate General Rantos delivered on 31 March 2022
ECLI:EU:C:2022:246 |
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Judgment of the Court (Third Chamber) of 14 July 2022
ECLI:EU:C:2022:558 |
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Case C-207/21 P Commission v Poland (Protocol No 36)
Appeal – Annulment of Implementing Decision (EU) 2017/1442 – Article 16(4) and (5) TEU – Article 3(2) and (3) of Protocol (No 36) on transitional provisions – Application ratione temporis – Council’s voting rules – Qualified majority
Language of the case: Polish
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Opinion of Advocate General Emiliou delivered on 10 March 2022
ECLI:EU:C:2022:186 |
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Judgment of the Court (Fourth Chamber) of 14 July 2022
ECLI:EU:C:2022:560 |
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Joined Cases C-274/21 and C-275/21 EPIC Financial Consulting v Republik Österreich and Bundesbeschaffung
Reference for a preliminary ruling – Public procurement – Regulation (EU) No 1215/2012 – Not applicable to procedures for granting an interlocutory injunction and review procedures as referred to in Article 2 of Directive 89/665/EEC in the absence of an international element – Directive 2014/24/EU – Article 33 – Treatment of a framework agreement as a contract, for the purposes of Article 2a(2) of Directive 89/665 – Not possible to award a new public contract where the quantity and/or maximum value of the works, supplies or services concerned laid down by the framework agreement has or have already been reached – National legislation providing for the payment of fees for access to administrative proceedings in the field of public procurement – Obligations to determine and pay the fees for access to proceedings before the court rules on an application for an interlocutory injunction or an action for review – Non-transparent procedure for the award of a public contract – Principles of effectiveness and equivalence – Effectiveness – Right to an effective remedy – Directive 89/665 – Articles 1, 2 and 2a – Article 47 of the Charter of Fundamental Rights of the European Union – National legislation providing for the dismissal of an action for review where the fees for access to proceedings have not been paid – Determination of the estimated value of a public contract
Requests for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 14 July 2022
ECLI:EU:C:2022:565 |
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Case C-401/21 P Romania v Commission
Appeal – Cohesion Fund and European Regional Development Fund (ERDF) – Regulation (EU) No 1303/2013 – Co-financing rate applicable – Amendment of the rate between the submission of the final application for an interim payment and the acceptance of the accounts – Principle that accounts relate to a specific year and principle of non-retroactivity
Language of the case: Romanian
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Judgment of the Court (Seventh Chamber) of 14 July 2022
ECLI:EU:C:2022:564 |
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Case C-572/21 CC v VO (Transfer of a child's habitual residence to a third country)
Reference for a preliminary ruling – Jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility – Parental responsibility – Regulation (EC) No 2201/2003 – Article 8(1) and Article 61(a) – General jurisdiction – Perpetuatio fori principle – Transfer, during the proceedings, of the habitual residence of a child from a Member State of the European Union to a third State that is party to the 1996 Hague Convention
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
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Judgment of the Court (Fourth Chamber) of 14 July 2022
ECLI:EU:C:2022:562 |
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Information (on unpublished decisions)
Case C-253/22 P Calrose Rice v EUIPO
Appeal – EU trade mark – Determination as to whether appeals may proceed – Article 170b of the Rules of Procedure of the Court – Request demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 6 July 2022 ECLI:EU:C:2022:546 |
Case C-710/20 Criminal proceedings against AM (Revocation of an amnesty)
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court – Charter of Fundamental Rights of the European Union – Field of application – Article 51 – Legislative procedure for the adoption of a resolution relating to the revocation of an amnesty – Judicial procedure for review of the compliance of that resolution with the national Constitution – Failure to implement EU law – Clear lack of jurisdiction of the Court
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Order of the Court (Ninth Chamber) of 8 July 2022 ECLI:EU:C:2022:551 |
Case C-187/22 P Laboratorios Ern v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 11 July 2022 ECLI:EU:C:2022:547 |
Case C-480/21 W O and J L v Minister for Justice and Equality (Tribunal established by law in the issuing Member State - II)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Surrender procedure between Member States – Conditions for execution – Charter of Fundamental Rights of the European Union – Second paragraph of Article 47 – Fundamental right to a fair trial before an independent and impartial tribunal previously established by law – Systemic or generalised deficiencies – Two-step examination – Criteria for application – Obligation of the executing judicial authority to determine, specifically and precisely, whether there are substantial grounds for believing that the person in respect of whom a European arrest warrant has been issued, if surrendered, runs a real risk of breach of his or her fundamental right to a fair trial before an independent and impartial tribunal previously established by law
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Order of the Court (Eighth Chamber) of 12 July 2022 ECLI:EU:C:2022:592 |
Case C-816/21 P-OST Novais v Portuguese Republic
Article 155 of the Rules of Procedure of the Court of Justice – Failure to adjudicate – None
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Order of the Court (Eighth Chamber) of 12 July 2022 ECLI:EU:C:2022:553 |
Case C-245/22 P(I) Cipla Europe v EUIPO and Glaxo Group
Appeal – Intervention – EU trade mark – Cancellation proceedings – Leave for other party to the proceedings before the Board of Appeal of the European Union Intellectual Property Office (EUIPO) to participate in the proceedings in the case before the General Court – Time limits – Unforeseeable circumstances – Participation in the oral proceedings – Rejection
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Order of the Vice-President of the Court of 12 July 2022 ECLI:EU:C:2022:549 |
Case C-371/21 P SGI Studio Galli Ingegneria v Commission
Appeal – Arbitration clause – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Grant agreement – The MARSOL Project – Eligible costs – European Anti-Fraud Office (OLAF) investigation report finding certain expenses incurred to be ineligible – Repayment of sums paid – Right to access OLAF’s file – Right to be heard – Burden of proof – Distortion of the facts – Probative value – Principle of proportionality – Unjust enrichment
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Judgment of the Court (Tenth Chamber) of 14 July 2022 ECLI:EU:C:2022:566 |
Case C-25/22 CM v Finanzamt Österreich (Family allowances for staff of an international organisation)
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to provide reasons justifying the need for an answer to the questions referred – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Seventh Chamber) of 14 July 2022 ECLI:EU:C:2022:590 |
Case C-247/22 P Ignacio Carrasco v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 14 July 2022 ECLI:EU:C:2022:591 |
Case C-165/22 P MO v Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Officials – Psychological harassment – 2019 appraisal exercise – Action for annulment and for damages – Distortion of facts and evidence – No statement of reasons – Burden and administration of proof
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Order of the Court (Tenth Chamber) of 15 July 2022 ECLI:EU:C:2022:595 |
Case C-233/22 P Meta Cluster v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 15 July 2022 ECLI:EU:C:2022:593 |
Case C-478/22 P(R)-R Telefónica de España v Commission
Interim relief – Articles 278 and 279 TFEU – Appeal – Application for suspension of operation and other interim measures – Public procurement – Article 160(7) of the Rules of Procedure of the Court of Justice
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Order of the Vice-President of the Court of 22 July 2022 ECLI:EU:C:2022:598 |
August 2022
Case C-184/20 OT v Vyriausioji tarnybinės etikos komisija
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 2(1) – Directive 9/46/EC – Article 7(c) – Article 8(1) – Regulation (EU) 2016/679 – Point (c) of the first subparagraph of Article 6(1) and the second subparagraph of Article 6(3) – Article 9(1) – Processing necessary for compliance with a legal obligation to which the controller is subject – Objective of public interest – Proportionality – Processing of special categories of personal data – National legislation requiring publication on the internet of data contained in the declarations of private interests of natural persons working in the public service or of heads of associations or establishments receiving public funds – Prevention of conflicts of interest and of corruption in the public sector
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
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Judgment of the Court (Grand Chamber) of 1 August 2022
ECLI:EU:C:2022:601 |
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Case C-184/20 OT v Vyriausioji tarnybinės etikos komisija
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 52(1) – Directive 95/46/EC – Article 7(c) – Article 8(1) – Regulation (EU) 2016/679 – Point (c) of the first subparagraph of Article 6(1) and the second subparagraph of Article 6(3) – Article 9(1) – Processing necessary for compliance with a legal obligation to which the controller is subject – Objective of public interest – Proportionality – Processing of special categories of personal data – National legislation requiring publication on the internet of data contained in the declarations of private interests of natural persons working in the public service or of heads of associations or establishments receiving public funds – Prevention of conflicts of interest and of corruption in the public sector
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
| Summary |
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Opinion of Advocate General Pikamäe delivered on 9 December 2021
ECLI:EU:C:2021:991 |
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Judgment of the Court (Grand Chamber) of 1 August 2022
ECLI:EU:C:2022:601 |
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Joined Cases C-273/20 and C-355/20 Bundesrepublik Deutschland v SW and Others (Family reunification with a minor refugee)
Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Right to family reunification – Directive 2003/86/EC – Article 10(3)(a) – Article 16(1)(b) – Concept of ‘minor child’ – Concept of ‘real family relationship’ – Adult applying for family reunification with a minor who has obtained refugee status – Relevant date for assessing status as a minor
Requests for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Judgment of the Court (Third Chamber) of 1 August 2022
ECLI:EU:C:2022:617 |
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Case C-279/20 Bundesrepublik Deutschland v XC (Family reunification of a child who has reached the age of majority)
Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Right to family reunification – Directive 2003/86/EC – Article 4(1), first subparagraph, point (c) – Concept of ‘minor child’ – Article 16(1)(b) – Concept of ‘real family relationship’ – Child applying for family reunification with her father who has obtained refugee status – Relevant date for assessing status as a minor
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
| Summary |
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Opinion of Advocate General Collins delivered on 16 December 2021
ECLI:EU:C:2021:1030 |
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Judgment of the Court (Third Chamber) of 1 August 2022
ECLI:EU:C:2022:618 |
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Case C-332/20 Roma Multiservizi and Rekeep v Roma Capitale and Autorità Garante della Concorrenza e del Mercato
Reference for a preliminary ruling – Public procurement – Concession contracts – Formation of a semi-public company – Award to that company of the management of an ‘integrated school service’ – Appointment of the private partner under a tender procedure – Directive 2014/23/EU – Article 38 – Directive 2014/24/EU – Article 58 – Applicability – ‘In-house’ criteria – Requirement for minimum participation of the private partner in the capital of the semi-public company – Indirect participation of the contracting authority in the capital of the private partner – Selection criteria
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Opinion of Advocate General Szpunar delivered on 24 February 2022
ECLI:EU:C:2022:135 |
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Judgment of the Court (Fourth Chamber) of 1 August 2022
ECLI:EU:C:2022:610 |
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Case C-352/20 HOLD Alapkezelő v Magyar Nemzeti Bank
Reference for a preliminary ruling – Approximation of laws – Directive 2009/65/EC – Undertakings for collective investment in transferable securities (UCITS) – Directive 2011/61/EU – Alternative investment funds – Remuneration policies and practices in respect of the senior managers of a UCITS management company or manager of an alternative investment fund – Dividends distributed to certain senior managers – Concept of ‘remuneration’ – Article 17(1) of the Charter of Fundamental Rights of the European Union – Right to property
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
| Summary |
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Opinion of Advocate General Kokott delivered on 16 December 2021
ECLI:EU:C:2021:1023 |
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Judgment of the Court (First Chamber) of 1 August 2022
ECLI:EU:C:2022:606 |
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Case C-411/20 S v Familienkasse Niedersachsen-Bremen der Bundesagentur für Arbeit
Reference for a preliminary ruling – Citizenship of the Union – Freedom of movement of persons – Equal treatment – Directive 2004/38/EC – Article 24(1) and (2) – Social security benefits – Regulation (EC) No 883/2004 – Article 4 – Family benefits – Exclusion of nationals of other Member States who are economically inactive during the first three months of residence in the host Member State
Request for a preliminary ruling from the Finanzgericht Bremen
Language of the case: German
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Judgment of the Court (Grand Chamber) of 1 August 2022
ECLI:EU:C:2022:602 |
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Case C-411/20 S v Familienkasse Niedersachsen-Bremen der Bundesagentur für Arbeit
Reference for a preliminary ruling – Citizenship of the Union – Freedom of movement of persons – Equal treatment – Directive 2004/38/EC – Article 24(1) and (2) – Social security benefits – Regulation (EC) No 883/2004 – Article 4 – Family benefits – Exclusion of nationals of other Member States who are economically inactive during the first three months of residence in the host Member State
Request for a preliminary ruling from the Finanzgericht Bremen
Language of the case: German
| Summary |
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Opinion of Advocate General Szpunar delivered on 16 December 2021
ECLI:EU:C:2021:1017 |
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Judgment of the Court (Grand Chamber) of 1 August 2022
ECLI:EU:C:2022:602 |
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Case C-501/20 MPA v LCDNMT (Habitual residence – Third State)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – Regulation (EC) No 2201/2003 – Articles 3, 6 to 8 and 14 – Definition of ‘habitual residence’ – Jurisdiction, recognition, enforcement of decisions and cooperation in matters relating to maintenance obligations – Regulation (EC) No 4/2009 – Articles 3 and 7 – Nationals of two different Member States residing in a third State as members of the contract staff working in the EU Delegation to that third State – Determination of jurisdiction – Forum necessitatis
Request for a preliminary ruling from the Audiencia Provincial de Barcelona
Language of the case: Spanish
| Summary |
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Opinion of Advocate General Szpunar delivered on 24 February 2022
ECLI:EU:C:2022:138 |
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Judgment of the Court (Third Chamber) of 1 August 2022
ECLI:EU:C:2022:619 |
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Case C-588/20 Landkreis Northeim v Daimler (Cartels – Refuse collection trucks)
Reference for a preliminary ruling – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Actions for damages for infringements of the provisions of EU competition law – European Commission decision finding an infringement – Settlement procedure – Products concerned by the infringement – Specialised trucks – Household refuse collection trucks
Request for a preliminary ruling from the Landgericht Hanover
Language of the case: German
| Summary |
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Opinion of Advocate General Medina delivered on 24 February 2022
ECLI:EU:C:2022:130 |
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Judgment of the Court (First Chamber) of 1 August 2022
ECLI:EU:C:2022:607 |
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Case C-720/20 RO v Bundesrepublik Deutschland (Child of refugees, born outside the host State)
Reference for a preliminary ruling – Common policy on asylum – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Regulation (EU) No 604/2013 (Dublin III) – Application for international protection lodged by a minor in his or her Member State of birth – Parents of that minor who have previously obtained refugee status in another Member State – Article 3(2) – Article 9 – Article 20(3) – Directive 2013/32/EU – Article 33(2)(a) – Admissibility of the application for international protection and responsibility for examining it
Request for a preliminary ruling from the Verwaltungsgericht Cottbus
Language of the case: German
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Judgment of the Court (Grand Chamber) of 1 August 2022
ECLI:EU:C:2022:603 |
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Case C-720/20 RO v Bundesrepublik Deutschland (Child of refugees, born outside the host State)
Reference for a preliminary ruling – Common policy on asylum – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Regulation (EU) No 604/2013 (Dublin III) – Application for international protection lodged by a minor in his or her Member State of birth – Parents of that minor who have previously obtained refugee status in another Member State – Article 3(2) – Article 9 – Article 20(3) – Directive 2013/32/EU – Article 33(2)(a) – Admissibility of the application for international protection and responsibility for examining it
Request for a preliminary ruling from the Verwaltungsgericht Cottbus
Language of the case: German
| Summary |
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Opinion of Advocate General Richard de la Tour delivered on 24 March 2022
ECLI:EU:C:2022:219 |
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Judgment of the Court (Grand Chamber) of 1 August 2022
ECLI:EU:C:2022:603 |
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Joined Cases C-14/21 and C-15/21 Sea Watch v Ministero delle Infrastrutture e dei Trasporti and Others
Reference for a preliminary ruling – Expedited procedure – Lack of effectiveness – Relationship with national proceedings for interim measure
Requests for a preliminary ruling from the Tribunale Amministrativo Regionale per la Sicilia
Language of the case: Italian
| Summary |
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Opinion of Advocate General Rantos delivered on 22 February 2022
ECLI:EU:C:2022:104 |
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Judgment of the Court (Grand Chamber) of 1 August 2022
ECLI:EU:C:2022:604 |
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Case C-19/21 I and S v Staatssecretaris van Justitie en Veiligheid (Refusal to take charge of an Egyptian unaccompanied minor)
Reference for a preliminary ruling – Regulation (EU) No 604/2013 – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Article 8(2) and Article 27(1) – Unaccompanied minor with a relative legally present in another Member State – Refusal by that Member State of that minor’s take charge request – Right to an effective remedy of that minor or of that relative against the refusal decision – Articles 7, 24 and 47 of the Charter of Fundamental Rights of the European Union – Best interests of the child
Request for a preliminary ruling from the Rechtbank Den Haag zittingsplaats Haarlem
Language of the case: Dutch
| Summary |
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Opinion of Advocate General Emiliou delivered on 7 April 2022
ECLI:EU:C:2022:279 |
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Judgment of the Court (Grand Chamber) of 1 August 2022
ECLI:EU:C:2022:605 |
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Case C-267/21 Uniqa Asigurări v Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Soluţionare a Contestaţiilor and Direcţia Generală de Administrare a Marilor Contribuabili
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 56 – Supply of insurance services – Point of reference for tax purposes – Claims settlement services provided by third-party companies in the name and on behalf of an insurer
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
| Summary |
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Judgment of the Court (Tenth Chamber) of 1 August 2022
ECLI:EU:C:2022:614 |
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Case C-294/21 État du Grand-duché de Luxembourg and Administration de l'enregistrement, des domaines et de la TVA v Navitours
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Sixth Council Directive 77/388/EEC – Article 2(1) – Scope – Taxable transactions – Article 9(2)(b) – Place where transport services are supplied – Tourist trips on the Moselle – River subject to condominium status
Request for a preliminary ruling from the Cour de cassation du Grand-Duché de Luxembourg
Language of the case: French
| Summary |
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Opinion of Advocate General Szpunar delivered on 7 April 2022
ECLI:EU:C:2022:281 |
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Judgment of the Court (First Chamber) of 1 August 2022
ECLI:EU:C:2022:608 |
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Case C-319/21 Agecontrol v ZR and Lidl Italia
Reference for a preliminary ruling – Agriculture – Common organisation of the markets – Regulation (EC) No 1234/2007 – Packed fresh fruit and vegetables – Commission Implementing Regulation (EU) No 543/2011 – Conformity check – Transport to a point of sale of the same company – Accompanying document – Indication of country of origin
Request for a preliminary ruling from the Corte d'appello di Venezia
Language of the case: Italian
| Summary |
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Judgment of the Court (Eighth Chamber) of 1 August 2022
ECLI:EU:C:2022:613 |
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Case C-422/21 Ministero dell'Interno v TO (Withdrawal of material reception conditions)
Reference for a preliminary ruling – Applicants for international protection – Directive 2013/33/EU – Article 20(4) and (5) – Seriously violent behaviour – Member States’ right to determine the sanctions applicable – Scope – Withdrawal of material reception conditions
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
| Summary |
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Judgment of the Court (Tenth Chamber) of 1 August 2022
ECLI:EU:C:2022:616 |
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Case C-31/22 P(I) Atlas Copco Airpower and Atlas Copco v Commission
Appeal – Intervention – State aid – Aid scheme implemented by the Kingdom of Belgium – Admission of interventions in appeal proceedings against a judgment of the General Court – Annulment of the decision of the General Court – Referral of the case back to the General Court – Decision of the General Court refusing to place on the case file written observations on the judgment effecting that referral lodged by an intervener in the appeal – Implied decision of the General Court refusing to grant an intervener in the appeal the status of intervener before the General Court – Admissibility of the appeal – Status of intervener before the General Court of an intervener in the appeal
Language of the case: English
| Summary |
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Opinion of Advocate General Szpunar delivered on 14 July 2022
ECLI:EU:C:2022:575 |
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Order of the Court (Grand Chamber) of 1 August 2022
ECLI:EU:C:2022:620 |
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Case C-32/22 P(I) Anheuser-Busch Inbev and Ampar v Magnetrol International and Commission
Appeal – Intervention – State aid – Aid scheme implemented by the Kingdom of Belgium – Admission of interventions in appeal proceedings against a judgment of the General Court – Annulment of the decision of the General Court – Referral of the case back to the General Court – Decision of the General Court refusing to place on the case file written observations on the judgment effecting that referral lodged by an intervener in the appeal – Implied decision of the General Court refusing to grant an intervener in the appeal the status of intervener before the General Court – Admissibility of the appeal – Status of intervener before the General Court of an intervener in the appeal
Language of the case: English
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Order of the Court (Grand Chamber) of 1 August 2022
ECLI:EU:C:2022:621 |
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Case C-242/22 PPU Criminal proceedings against TL
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – Directive 2010/64/EU – Right to interpretation and translation – Article 2(1) and Article 3(1) – Concept of an ‘essential document’ – Directive 2012/13/EU – Right to information in criminal proceedings – Article 3(1)(d) – Scope – Not implemented in domestic law – Direct effect – Charter of Fundamental Rights of the European Union – Article 47 and Article 48(2) – European Convention for the Protection of Human Rights and Fundamental Freedoms – Article 6 – Suspended prison sentence with probation – Breach of the probation conditions – Failure to translate an essential document and absence of an interpreter when that document was being drawn up – Revocation of the suspension of the prison sentence – Failure to translate the procedural acts relating to that revocation – Consequences for the validity of that revocation – Procedural defect resulting in relative nullity
Request for a preliminary ruling from the Tribunal da Relação de Évora
Language of the case: Portuguese
| Summary |
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 14 July 2022
ECLI:EU:C:2022:580 |
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Judgment of the Court (First Chamber) of 1 August 2022
ECLI:EU:C:2022:611 |
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Case C-4/22 P(I) SJM Coordination Center v Magnetrol International and Commission
Appeal – Intervention – State aid – Aid scheme implemented by the Kingdom of Belgium – Application to intervene submitted after the expiry of the six-week time limit provided for in Article 143(1) of the Rules of Procedure of the General Court – Admissibility – Articles 40 and 45 of the Statute of the Court of Justice of the European Union – Article 47 of the Charter of Fundamental Rights of the European Union
Language of the case: English
| Summary |
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Order of the Vice-President of the Court of 17 August 2022
ECLI:EU:C:2022:626 |
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Information (on unpublished decisions)
Case C-310/21 P Aquind and Aquind Energy v Commission
Appeal – Energy – Regulation (EU) No 347/2013 – Trans-European energy infrastructure – Projects of common interest of the European Union – Article 3(4) and Article 16 – Delegation of power to the European Commission – Article 290 TFEU – Delegated Regulation (EU) 2020/389 – Amendment of the list of projects of common interest of the Union – Act adopted by the Commission – Right of objection of the European Parliament and of the Council of the European Union – Time limit – Nature of the act before the expiry of that period
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Judgment of the Court (Tenth Chamber) of 1 August 2022 ECLI:EU:C:2022:61 |
Case C-310/21 P Aquind and Aquind Energy v Commission
Appeal – Energy – Regulation (EU) No 347/2013 – Trans-European energy infrastructure – Projects of common interest of the European Union – Article 3(4) and Article 16 – Delegation of power to the European Commission – Article 290 TFEU – Delegated Regulation (EU) 2020/389 – Amendment of the list of projects of common interest of the Union – Act adopted by the Commission – Right of objection of the European Parliament and of the Council of the European Union – Time limit – Nature of the act before the expiry of that period
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Judgment of the Court (Tenth Chamber) of 1 August 2022 ECLI:EU:C:2022:615 |
Case C-447/21 P Kerstens v Commission
Appeal – Civil Service – Disciplinary proceedings – Requests for assistance – Rejection – Notification of decisions by electronic means – Action for annulment – Period allowed for commencing proceedings – Point from which time starts to run – Action brought out of time
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Judgment of the Court (Seventh Chamber) of 1 August 2022 ECLI:EU:C:2022:612 |
September 2022
Case C-95/22 Proceedings brought by Delgaz Grid
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Article 82 TFEU – Right to information in criminal proceedings – Right of a person to be informed of the charges brought against him or her – Directive 2012/13/EU – Article 6(1) – Scope – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Challenge to the excessive length of criminal proceedings – National legislation allowing such a challenge to be made only by persons with the status of suspect or accused person – Article 267 TFEU – Article 53(2) of the Rules of Procedure of the Court – Clear lack of jurisdiction
Request for a preliminary ruling from the Judecătoria Târgu Mureş
Language of the case: Romanian
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Order of the Court (Ninth Chamber) of 6 September 2022
ECLI:EU:C:2022:697 |
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Case C-391/20 Proceedings brought by Cilevičs and Others
Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Restriction – Justification – The organisation of education systems – Institutions of higher education – Obligation to provide courses of study in the official language of the Member State concerned – Article 4(2) TEU – National identity of a Member State – Defence and promotion of the official language of a Member State – Principle of proportionality
Request for a preliminary ruling from the Satversmes tiesa
Language of the case: Latvian
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Opinion of Advocate General Emiliou delivered on 8 March 2022
ECLI:EU:C:2022:166 |
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Judgment of the Court (Grand Chamber) of 7 September 2022
ECLI:EU:C:2022:638 |
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Case C-624/20 E.K. v Staatssecretaris van Justitie en Veiligheid (Nature of the right of residence under Article 20 TFEU)
Reference for a preliminary ruling – Directive 2003/109/EC – Status of third-country nationals who are long-term residents – Scope – Third-country national with a right of residence under Article 20 TFEU – Article 3(2)(e) – Residence solely on temporary grounds – Autonomous concept of EU law
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Amsterdam
Language of the case: Dutch
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Opinion of Advocate General Richard de la Tour delivered on 17 March 2022
ECLI:EU:C:2022:194 |
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Judgment of the Court (Grand Chamber) of 7 September 2022
ECLI:EU:C:2022:639 |
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Case C-614/20 Lux Express Estonia v Majandus- ja Kommunikatsiooniministeerium
Reference for a preliminary ruling – Regulation (EC) No 1370/2007 – Public passenger transport services by rail and by road – Imposition by means of general rules of an obligation to carry certain categories of passenger free of charge – Obligation for the competent authority to grant public service compensation to operators – Calculation method
Request for a preliminary ruling from the Tallinna Halduskohus
Language of the case: Estonian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 10 March 2022
ECLI:EU:C:2022:180 |
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Judgment of the Court (First Chamber) of 8 September 2022
ECLI:EU:C:2022:641 |
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Case C-659/20 ET v Ministerstvo životního prostředí (Hyacinth macaws)
Reference for a preliminary ruling – Protection of species of wild fauna and flora by regulating trade therein – Regulation (EC) No 338/97 – Article 8(3)(d) – Concept of ‘specimens of animal species that are born and bred in captivity’ – Regulation (EC) No 865/2006 – Article 1(3) – Concept of ‘breeding stock’ – Article 54(2) – Establishment of the breeding stock – Controlled ancestry
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
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Opinion of Advocate General Medina delivered on 3 March 2022
ECLI:EU:C:2022:159 |
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Judgment of the Court (Fourth Chamber) of 8 September 2022
ECLI:EU:C:2022:642 |
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Case C-716/20 RTL Television v Grupo Pestana and SALVOR
Reference for a preliminary ruling – Copyright and related rights – Satellite broadcasting and cable retransmission – Directive 93/83/EEC – Article 1(3) – Concept of ‘cable retransmission’ – Provider of the retransmission not having the status of a cable operator – Simultaneous, unaltered and unabridged distribution of television and radio programmes broadcast by satellite and intended for reception by the public, performed by the operator of a hotel establishment, by means of a satellite dish, a cable and television or radio sets – None
Request for a preliminary ruling from the Supremo Tribunal de Justiça
Language of the case: Portuguese
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Opinion of Advocate General Pitruzzella delivered on 10 March 2022
ECLI:EU:C:2022:187 |
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Judgment of the Court (Fifth Chamber) of 8 September 2022
ECLI:EU:C:2022:643 |
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Joined Cases C-80/21 to C-82/21 E.K. and Others v D.B.P. and Others (Mortgage loans denominated in foreign currency)
Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Articles 6(1) and 7(1) – Mortgage credit agreements – Effects of a finding that a term is unfair – Limitation period – Principle of effectiveness
Requests for a preliminary ruling from the Sąd Rejonowy dla Warszawy - Śródmieścia w Warszawie
Language of the case: Polish
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Judgment of the Court (Ninth Chamber) of 8 September 2022
ECLI:EU:C:2022:646 |
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Case C-98/21 Finanzamt R v W (Deduction of VAT linked to a shareholder contribution)
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1), Article 9(1), Article 167 and Article 168(a) – Deduction of input tax – Definition of ‘taxable person’ – Holding company – Expenditure linked to a shareholder contribution in kind to its subsidiaries – No contribution of expenditure to the general costs – Subsidiaries’ activities largely tax-exempt
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Opinion of Advocate General Pitruzzella delivered on 3 March 2022
ECLI:EU:C:2022:160 |
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Judgment of the Court (Seventh Chamber) of 8 September 2022
ECLI:EU:C:2022:645 |
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Case C-263/21 Ametic v Administración General del Estado and Others
Reference for a preliminary ruling – Copyright and related rights – Directive 2001/29/EC – Article 5(2)(b) – Exclusive reproduction right – Exception – Copies for private use – Levy – Ex ante exemption – Exemption certificate issued by a private law entity controlled solely by copyright management societies – Powers of review of that entity
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Judgment of the Court (Fifth Chamber) of 8 September 2022
ECLI:EU:C:2022:644 |
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Case C-368/21 R.T. v Hauptzollamt Hamburg (Place where VAT is incurred – II)
Reference for a preliminary ruling – Customs union – Union Customs Code – Regulation (EU) No 952/2013 – Regulation (EU) 2015/2446 – Place where the customs debt is incurred – Value added tax (VAT) – Directive 2006/112/EC – Article 30 – Article 60 – Article 71(1) – Chargeable event and place where the import VAT becomes chargeable – Place where the tax liability is incurred – Finding of a failure to comply with an obligation imposed by EU customs legislation – Determination of the place of importation of goods – Means of transport registered in a third country and imported into the European Union in infringement of customs legislation
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
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Judgment of the Court (Ninth Chamber) of 8 September 2022
ECLI:EU:C:2022:647 |
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Case C-399/21 IRnova v FLIR Systems
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 24(4) – Exclusive jurisdiction – Jurisdiction over the registration or validity of patents – Scope – Patent application deposited and patent granted in a third State – Status of inventor – Proprietor of the right to an invention
Request for a preliminary ruling from the Svea Hovrätt
Language of the case: Swedish
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Judgment of the Court (Ninth Chamber) of 8 September 2022
ECLI:EU:C:2022:648 |
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Case C-45/21 Banka Slovenije
Reference for a preliminary ruling – European System of Central Banks – National Central Bank – Directive 2001/24/EC – Reorganisation and winding up of credit institutions – Compensation for damage resulting from the adoption of reorganisation measures – Article 123 TFEU and Article 21.1 of Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank – Prohibition of monetary financing of Member States in the euro area – Article 130 TFEU and Article 7 of that protocol – Independence – Disclosure of confidential information
Request for a preliminary ruling from the Upravno sodišče Republike Slovenije
Language of the case: Slovenian
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Opinion of Advocate General Kokott delivered on 31 March 2022
ECLI:EU:C:2022:241 |
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Judgment of the Court (Grand Chamber) of 13 September 2022
ECLI:EU:C:2022:670 |
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Case C-420/20 Criminal proceedings against HN (Trial of an accused person removed from the territory)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Charter of Fundamental Rights of the European Union – Articles 47 and 48 – European Convention for the Protection of Human Rights and Fundamental Freedoms – Article 6 – Directive (EU) 2016/343 – Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings – Article 8 – Right to be present at the trial – Return decision accompanied by an entry ban of five years – Conditions for holding a trial in the absence of the person concerned – Obligation to be present at the trial provided for under national law
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
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Opinion of Advocate General Richard de la Tour delivered on 3 March 2022
ECLI:EU:C:2022:157 |
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Judgment of the Court (First Chamber) of 15 September 2022
ECLI:EU:C:2022:679 |
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Case C-669/20 Veridos v Ministar na vatreshnite raboti and Mühlbauer ID Services
Reference for a preliminary ruling – Directive 2009/81/EC – Coordination of procedures for the award of certain works contracts, supply contracts and service contracts – Articles 38 and 49 – Obligation to verify whether an abnormally low tender exists – Criterion laid down by a piece of national legislation for assessing the abnormally low nature of a tender – Not applicable – Requirement that there be at least three tenders – Criterion based on the requirement that a tender be more than 20% lower than the mean value of the tenders submitted by the other tenderers – Judicial review
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 24 February 2022
ECLI:EU:C:2022:136 |
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Judgment of the Court (Fourth Chamber) of 15 September 2022
ECLI:EU:C:2022:684 |
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Case C-675/20 P Brown v Commission
Appeal – Civil service – Annex VII to the Staff Regulations of Officials of the European Union – Article 4(1)(a) and (b) – EU official who is a national of the United Kingdom of Great Britain and Northern Ireland and who during the 10 years before his entry into service habitually resided within the territory of the State in which he is employed – Withdrawal of the United Kingdom from the European Union – Acquisition by that EU official of the nationality of the State in which he is employed – Withdrawal of the entitlement to receive an expatriation allowance – Action for annulment
Language of the case: English
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Opinion of Advocate General Kokott delivered on 7 April 2022
ECLI:EU:C:2022:287 |
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Judgment of the Court (Fourth Chamber) of 15 September 2022
ECLI:EU:C:2022:686 |
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Case C-705/20 Fossil (Gibraltar) v Commissioner of Income Tax
Reference for a preliminary ruling – State aid – Aid schemes implemented by the Government of Gibraltar concerning corporate income tax – Decision (EU) 2019/700 – Non-taxation of passive interest and royalty income – Decision of the European Commission declaring the aid scheme unlawful and incompatible with the internal market – Recovery obligation – Scope – Domestic provision which was not the subject of the Commission’s investigation concerning the State aid at issue – Set-off of the tax paid abroad in order to prevent double taxation
Request for a preliminary ruling from the Income Tax Tribunal of Gibraltar (Royaume-Uni)
Language of the case: English
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Opinion of Advocate General Kokott delivered on 10 March 2022
ECLI:EU:C:2022:181 |
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Judgment of the Court (Second Chamber) of 15 September 2022
ECLI:EU:C:2022:680 |
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Case C-4/21 Fédération des entreprises de la beauté v ANSM
Reference for a preliminary ruling – Approximation of laws – Cosmetic products – Regulation (EC) No 1223/2009 – Article 27 – Safeguard clause – Article 27(1) – Scope – Provisional national safeguard measures – General measure – Application to a category of cosmetic products containing the same substance – Individual measure – Application to an identified cosmetic product – Provisional national measure imposing certain labelling requirements on a category of leave-on products containing phenoxyethanol
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 24 March 2022
ECLI:EU:C:2022:221 |
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Judgment of the Court (Second Chamber) of 15 September 2022
ECLI:EU:C:2022:681 |
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Case C-18/21 Uniqa Versicherungen v VU
Reference for a preliminary ruling – Judicial cooperation in civil matters – European order for payment procedure – Regulation No 1896/2006 – Article 16(2) – 30-day time limit for lodging a statement of opposition to the European order for payment – Article 20 – Review procedure – Article 26 – Application of national law for procedural issues not specifically dealt with in that regulation – COVID-19 pandemic – National legislation which interrupted the procedural periods in civil matters for several weeks
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Opinion of Advocate General Collins delivered on 31 March 2022
ECLI:EU:C:2022:245 |
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Judgment of the Court (Third Chamber) of 15 September 2022
ECLI:EU:C:2022:682 |
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Case C-22/21 SRS and AA v Minister for Justice and Equality (Third-country national cousin of a Union citizen)
Reference for a preliminary ruling – Directive 2004/38/EC – Right of Union citizens and their family members to move and reside freely within the territory of the Member States – Article 3(2), first subparagraph, point (a) – Concept of ‘other family members who are members of the household of the Union citizen having the primary right of residence’ – Assessment criteria
Request for a preliminary ruling from the Supreme Court
Language of the case: English
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Opinion of Advocate General Pitruzzella delivered on 10 March 2022
ECLI:EU:C:2022:183 |
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Rectification order of 28 October 2022
ECLI:EU:C:2022:855 |
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Judgment of the Court (Third Chamber) of 15 September 2022
ECLI:EU:C:2022:683 |
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Case C-58/21 FK v Rechtsanwaltskammer Wien
Reference for a preliminary ruling – Coordination of social security systems – Regulation (EC) No 883/2004 – Article 13 – Determination of the legislation applicable – Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons – Annex II – Article 1(2) – Person pursuing the profession of lawyer the centre of interest of whose private and professional activities is situated in Switzerland and who also pursues that profession in two other Member States – Application for the award of an early retirement pension – National legislation requiring that the person concerned waive his right to practise the profession in question in the territory of the Member State concerned and abroad
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 15 September 2022
ECLI:EU:C:2022:691 |
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Case C-227/21 HA.EN. v Valstybinė mokesčių inspekcija
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Right to deduct input VAT – Sale of an item of immovable property between taxable persons – Vendor subject to insolvency proceedings – National practice under which the purchaser is denied the right of deduction on the ground that he or she knew or should have known of the vendor’s difficulties in paying the output tax – Fraud and abuse of rights – Conditions
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
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Opinion of Advocate General Kokott delivered on 5 May 2022
ECLI:EU:C:2022:364 |
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Judgment of the Court (Fourth Chamber) of 15 September 2022
ECLI:EU:C:2022:687 |
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Case C-347/21 Criminal proceedings against DD (Re-examination of a witness)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/343 – Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings – Article 8(1) – Right of an accused person to be present at the trial – Examination of an incriminating witness in the absence of the accused person – Possibility of remedying the infringement of a right at a later stage in the proceedings – Additional examination of the same witness – Directive 2013/48/EU – Right of access to a lawyer in criminal proceedings – Article 3(1) – Examination of an incriminating witness in the absence of the lawyer of the accused person
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
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Judgment of the Court (Eighth Chamber) of 15 September 2022
ECLI:EU:C:2022:692 |
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Case C-416/21 Landkreis Aichach-Friedberg v J. Sch. Omnibusunternehmen and K. Reisen
Reference for a preliminary ruling – Public procurement procedures – Directive 2014/24/EU – Point (d) of the first subparagraph of Article 57(4) – Optional grounds for exclusion – Agreements with other economic operators aimed at distorting competition – Directive 2014/25/EU – Article 36(1) – Principles of proportionality and equal treatment of tenderers – Article 80(1) – Use of exclusion grounds and selection criteria provided for under Directive 2014/24/EU – Tenderers which constitute an economic unit and have submitted separate tenders that were neither autonomous nor independent – Need for sufficiently plausible indications to establish an infringement of Article 101 TFEU
Request for a preliminary ruling from the Bayerisches Oberstes Landesgericht
Language of the case: German
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Judgment of the Court (Fourth Chamber) of 15 September 2022
ECLI:EU:C:2022:689 |
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Joined Cases C-793/19 and C-794/19 Bundesrepublik Deutschland v SpaceNet and Telekom Deutschland
Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Confidentiality of communications – Providers of electronic communications services – General and indiscriminate retention of traffic and location data – Directive 2002/58/EC – Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 6, 7, 8 and 11 and Article 52(1) – Article 4(2) TEU
Requests for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 18 November 2021
ECLI:EU:C:2021:939 |
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Judgment of the Court (Grand Chamber) of 20 September 2022
ECLI:EU:C:2022:702 |
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Joined Cases C-339/20 and C-397/20 Criminal proceedings against VD and SR
References for a preliminary ruling – Single market for financial services – Market abuse – Insider dealing – Directive 2003/6/EC – Article 12(2)(a) and (d) – Regulation (EU) No 596/2014 – Article 23(2)(g) and (h) – Supervisory and investigatory powers of the Autorité des marchés financiers (AMF) – General interest objective seeking to protect the integrity of financial markets in the European Union and public confidence in financial instruments – Option open to the AMF to require the traffic data records held by an operator providing electronic communications services – Processing of personal data in the electronic communications sector – Directive 2002/58/EC – Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 11 and Article 52(1) – Confidentiality of the communications – Restrictions – Legislation providing for the general and indiscriminate retention of traffic data by operators providing electronic communications services – Option for a national court to restrict the temporal effects of a declaration of invalidity in respect of provisions of national law that are incompatible with EU law – Precluded
Requests for a preliminary ruling from the Cour de cassation
Language of the case: French
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 18 November 2021
ECLI:EU:C:2021:940 |
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Judgment of the Court (Grand Chamber) of 20 September 2022
ECLI:EU:C:2022:703 |
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Joined Cases C-475/20 to C-482/20 Admiral Gaming Network and Others v Agenzia delle Dogane e dei Monopoli and Others
Reference for a preliminary ruling – Freedom of establishment – Restrictions – Betting and gambling – Licences for the management of games played on gaming machines – National legislation imposing a levy on licence holders – Principle of the protection of legitimate expectations
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Opinion of Advocate General Rantos delivered on 7 April 2022
ECLI:EU:C:2022:290 |
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Judgment of the Court (Second Chamber) of 22 September 2022
ECLI:EU:C:2022:714 |
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Joined Cases C-518/20 and C-727/20 XP and AR v Fraport AG Frankfurt Airport Services Worldwide and St. Vincenz-Krankenhaus
References for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Article 7(1) – Right to paid annual leave – Total invalidity or incapacity for work due to illness occurring during a leave year – National legislation providing for the loss of entitlement to paid annual leave on expiry of a certain period – Employer’s obligation to enable the worker to exercise his or her right to paid annual leave
Requests for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 17 March 2022
ECLI:EU:C:2022:195 |
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Judgment of the Court (First Chamber) of 22 September 2022
ECLI:EU:C:2022:707 |
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Case C-538/20 Finanzamt B v W (Deductibility of final losses of a non-resident permanent establishment)
Reference for a preliminary ruling – Freedom of establishment – Articles 49 and 54 TFEU – Deduction of final losses incurred by a non-resident permanent establishment – State which has waived its power to impose taxes under a double taxation convention – Comparability of situations
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Opinion of Advocate General Collins delivered on 10 March 2022
ECLI:EU:C:2022:184 |
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Judgment of the Court (Fourth Chamber) of 22 September 2022
ECLI:EU:C:2022:717 |
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Joined Cases C-619/20 P and C-620/20 P IMG v Commission
Appeal – Development cooperation – Implementation of the EU budget under indirect management by an international organisation – Decision to not entrust any new budget implementation tasks to an entity due to doubts as to its status as an international organisation – Action for annulment – Compliance with a judgment annulling a measure – Res judicata – Obligations and powers of the author of the annulled act – Preparatory act – Admissibility – Claim for damages – Rule of law intended to confer rights on individuals – EU financial regulations – Duty of diligence – Existence of a sufficiently serious infringement of that obligation – Specific examination on a case-by-case basis – Non-material harm – Appropriate and sufficient compensation by the annulment of the unlawful act – Material harm – Dispute not in a condition to be adjudicated upon – Referral back to the General Court)
Language of the case: French
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Judgment of the Court (Second Chamber) of 22 September 2022
ECLI:EU:C:2022:722 |
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Case C-120/21 LB v TO (Limitation period for the right to paid annual leave)
Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Article 7 – Right to paid annual leave – Allowance in lieu of leave not taken after the termination of the employment relationship – Three-year limitation period – Starting point – Adequate information provided to the worker
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 5 May 2022
ECLI:EU:C:2022:367 |
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Judgment of the Court (Sixth Chamber) of 22 September 2022
ECLI:EU:C:2022:718 |
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Case C-159/21 GM v Országos Idegenrendészeti Főigazgatóság and Others
Reference for a preliminary ruling – Common asylum and immigration policy – Directive 2011/95/EU – Standards for granting refugee status or subsidiary protection status – Withdrawal of the status – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Danger to national security – Position taken by a specialist authority – Access to the file
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Opinion of Advocate General Richard de la Tour delivered on 28 April 2022
ECLI:EU:C:2022:326 |
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Judgment of the Court (First Chamber) of 22 September 2022
ECLI:EU:C:2022:708 |
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Case C-215/21 Zulima v Servicios prescriptor y medios de pagos EFC SAU
Reference for a preliminary ruling – Unfair terms in consumer contracts – Revolving credit agreement – Unfairness of the term relating to the rate of remunerative interest – Action brought by a consumer for a declaration that that agreement is void – Satisfaction of that consumer’s claims out of court – Costs incurred having to be borne by the consumer – Principle of effectiveness – National legislation capable of dissuading the consumer from exercising the rights conferred by Directive 93/13/EEC
Request for a preliminary ruling from the Juzgado de Primera Instancia de Las Palmas de Gran Canaria
Language of the case: Spanish
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Judgment of the Court (Ninth Chamber) of 22 September 2022
ECLI:EU:C:2022:723 |
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Joined Cases C-245/21 and C-248/21 Bundesrepublik Deutschland v MA and Others (Administrative suspension of the transfer decision)
Reference for a preliminary ruling – Regulation (EU) No 604/2013 – Determination of the Member State responsible for examining an application for international protection – Articles 27 and 29 – Transfer of the person concerned to the Member State responsible for the examination of his or her request – Suspension of the transfer due to the COVID – 19 pandemic – Impossibility of carrying out the transfer – Judicial protection – Consequences for the time limit for transfer
Requests for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
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Opinion of Advocate General Pikamäe delivered on 2 June 2022
ECLI:EU:C:2022:433 |
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Judgment of the Court (First Chamber) of 22 September 2022
ECLI:EU:C:2022:709 |
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Case C-330/21 The Escape Center v Belgische Staat
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 98 – Option for the Member States to apply a reduced rate of VAT to certain supplies of goods and services – Annex III, point 14 – Concept of the ‘use of sporting facilities’ – Fitness centres – Individual or group coaching
Request for a preliminary ruling from the Rechtbank van eerste aanleg Oost-Vlaanderen Afdeling Gent
Language of the case: Dutch
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Judgment of the Court (Eighth Chamber) of 22 September 2022
ECLI:EU:C:2022:719 |
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Case C-335/21 Vicente v Delia (Action for the recovery of lawyers' fees)
Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Unfair business-to-consumer commercial practices – Principle of effectiveness – Article 47 of the Charter of Fundamental Rights of the European Union – Summary procedure for the recovery of lawyers’ fees – Potentially unfair terms contained in a fee agreement – National law not providing for the possibility of review by a court – Article 4(2) – Scope of the exception – Directive 2005/29/EC – Article 7 – Misleading commercial practice – Contract concluded between lawyer and client prohibiting the client from withdrawing, without the knowledge or against the advice of the lawyer, on pain of a financial penalty
Request for a preliminary ruling from the Juzgado de Primera Instancia de Sevilla
Language of the case: Spanish
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Judgment of the Court (Ninth Chamber) of 22 September 2022
ECLI:EU:C:2022:720 |
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Case C-497/21 SI and Others v Bundesrepublik Deutschland (Application for asylum rejected by Denmark)
Reference for a preliminary ruling – Area of freedom, security and justice – Border controls, asylum and immigration – Asylum policy – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Application for international protection – Grounds for inadmissibility – Article 2(q) – Concept of ‘subsequent application’ – Article 33(2)(d) – Rejection by a Member State of an application for international protection as inadmissible on account of the rejection of a previous application made by the person concerned in the Kingdom of Denmark – Final decision taken by the Kingdom of Denmark
Request for a preliminary ruling from the Schleswig-Holsteinisches Verwaltungsgericht
Language of the case: German
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Judgment of the Court (Tenth Chamber) of 22 September 2022
ECLI:EU:C:2022:721 |
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Case C-307/21 AB and Others v Ryanair DAC (Obligation on the air carrier to provide information)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of cancellation or long delay of flights – Article 5(1)(c) – Right to compensation if flight is cancelled – Contract for carriage concluded through an online travel agent – Information on the cancellation of the flight communicated by means of an email address automatically generated by the travel agent – Failure to ensure that the passenger was properly informed
Request for a preliminary ruling from the Landgericht Kleve
Language of the case: German
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Order of the Court (Eighth Chamber) of 27 September 2022
ECLI:EU:C:2022:729 |
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Case C-597/20 Polskie Linie Lotnicze 'LOT' v Budapest Főváros Kormányhivatala (Payment of compensation ordered by an administrative authority)
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 16 – Compensation and assistance to passengers – Task of the national body responsible for the enforcement of that regulation – National legislation conferring on that body the power to order an air carrier to pay compensation due to a passenger – Charter of Fundamental Rights of the European Union – Article 47 – Right to seek remedy before a tribunal
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Opinion of Advocate General Richard de la Tour delivered on 28 April 2022
ECLI:EU:C:2022:330 |
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Judgment of the Court (Third Chamber) of 29 September 2022
ECLI:EU:C:2022:735 |
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Case C-633/20 Bundesverband der Verbraucherzentralen und Verbraucherverbände v TC Medical Air Ambulance Agency
Reference for a preliminary ruling – Freedom of establishment and freedom to provide services – Single market in insurance – Directive 2002/92/EC – Definition of ‘insurance intermediary’ – Activity of ‘insurance mediation’ – Directive (EU) 2016/97 – Activity of ‘distribution of insurance’ – Scope of those directives – Membership of a group insurance policy – Assignment of rights under the insurance contract – Insurance benefits in the event of sickness or accident abroad – Remuneration paid by the member in consideration for the insurance cover acquired – Consumer protection – Equal treatment of insurance intermediaries
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 24 March 2022
ECLI:EU:C:2022:220 |
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Judgment of the Court (First Chamber) of 29 September 2022
ECLI:EU:C:2022:733 |
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Case C-3/21 FS v Chief Appeals Officer and Others
Reference for a preliminary ruling – Social security for migrant workers – Regulation (EC) No 883/2004 – Coordination of social security systems – Family benefits – Back payment – Relocation of the beneficiary to another Member State – Article 81 – Concept of ‘claim’ – Article 76(4) – Duty of mutual information and cooperation – Non-compliance – 12-month limitation period – Principle of effectiveness
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
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Judgment of the Court (Seventh Chamber) of 29 September 2022
ECLI:EU:C:2022:737 |
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Case C-202/21 P ABLV Bank v SRB
Appeal – Economic and monetary policy – Banking union – Regulation (EU) No 806/2014 – Single resolution mechanism for credit institutions and certain investment firms – Single Resolution Fund – Annual contributions – Liquidation of a credit institution – Reimbursement of contributions paid – Pro rata temporis
Language of the case: English
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Opinion of Advocate General Kokott delivered on 28 April 2022
ECLI:EU:C:2022:327 |
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Judgment of the Court (First Chamber) of 29 September 2022
ECLI:EU:C:2022:734 |
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Case C-235/21 Raiffeisen Leasing v Republika Slovenija
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 203 – Sale-and-lease back agreement – Persons liable for payment of VAT – Possibility of treating a written contractual agreement as an invoice
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
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Opinion of Advocate General Rantos delivered on 12 May 2022
ECLI:EU:C:2022:388 |
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Judgment of the Court (Seventh Chamber) of 29 September 2022
ECLI:EU:C:2022:739 |
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Information (on unpublished decisions)
Case C-67/22 Pharol v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Articles 63 and 65 TFEU – Free movement of capital – Tax on the income of legal persons – Dividends received from a company established in the Member State of the beneficiary company – Dividends received from a company established in a third country – National legislation for the elimination of double taxation – Difference in treatment – Restriction – Justification – Efficiency of fiscal verification – Absence of a convention obligation on communicating tax information
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Order of the Court (Sixth Chamber) of 1 September 2022 ECLI:EU:C:2022:635 |
Case C-113/21 P Haikal v Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Common foreign and security policy – Restrictive measures taken against the Syrian Arab Republic – Measures directed against leading businesspersons operating in Syria – Lists of persons subject to the freezing of funds and economic resources – Proof that the inclusion of the appellant’s name on those lists is well founded – Appeal manifestly inadmissible or manifestly unfounded
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Order of the Court (Sixth Chamber) of 6 September 2022 ECLI:EU:C:2022:640 |
Case C-36/22 P González Sordo and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Social policy – Directive 1999/70/EC – Measures transposing the directive – Complaint to the European Commission seeking a declaration of infringement of EU law by the Kingdom of Spain – No action brought for failure to fulfil obligations – Actions for failure to act
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Order of the Court (Eighth Chamber) of 6 September 2022 ECLI:EU:C:2022:666 |
Case C-37/22 P GZ and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Social policy – Directive 1999/70/EC – Measures transposing the directive – Complaint to the European Commission seeking a declaration of infringement of EU law by the Kingdom of Spain – No action brought for failure to fulfil obligations – Actions for failure to act
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Order of the Court (Eighth Chamber) of 6 September 2022 ECLI:EU:C:2022:664 |
Case C-38/22 P Santos Cañibano and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Social policy – Directive 1999/70/EC – Measures transposing the directive – Complaint to the European Commission seeking a declaration of infringement of EU law by the Kingdom of Spain – No action brought for failure to fulfil obligations – Actions for failure to act
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Order of the Court (Eighth Chamber) of 6 September 2022 ECLI:EU:C:2022:663 |
Case C-39/22 P Velasco Granda and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Social policy – Directive 1999/70/EC – Measures transposing the directive – Complaint to the European Commission seeking a declaration of infringement of EU law by the Kingdom of Spain – No action brought for failure to fulfil obligations – Actions for failure to act
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Order of the Court (Eighth Chamber) of 6 September 2022 ECLI:EU:C:2022:665 |
Case C-40/22 P Baides Fernández and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Social policy – Council Directive 1999/70/EC – Measures transposing the directive into national law – Complaint to the European Commission seeking a declaration of infringement of EU law by the Kingdom of Spain – No action brought for failure to fulfil obligations – Actions for failure to act
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Order of the Court (Eighth Chamber) of 6 September 2022 ECLI:EU:C:2022:662 |
Case C-195/22 P PTTAZ v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Social policy – Directive 1999/70/EC – Measures transposing the directive into national law – Complaint to the European Commission seeking a declaration of infringement of EU law by the Kingdom of Spain – No action brought for failure to fulfil obligations – Actions for failure to act
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Order of the Court (Eighth Chamber) of 6 September 2022 ECLI:EU:C:2022:728 |
Case C-244/22 NQ v Mara-Tóni
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to state the reasons justifying the need for an answer to the questions referred – Requirement to state the relationship between the provisions in respect of which interpretation is sought and the national legislation applicable – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Sixth Chamber) of 6 September 2022 ECLI:EU:C:2022:674 |
Case C-802/21 P Rosca v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Notice of competition – Open Competition EPSO/AD/363/18 – Decision not to admit the appellant to the next stage of the competition
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Order of the Court (Seventh Chamber) of 7 September 2022 ECLI:EU:C:2022:677 |
Case C-507/21 P Puma and Others v Commission
Appeal – Dumping – Imports of certain footwear with uppers of leather originating in the People’s Republic of China and Vietnam – Implementation of the judgment of the Court of Justice in Joined Cases C‑659/13 and C‑34/14 – Reimposition of a definitive anti-dumping duty – Competence ratione temporis – Principle of non-discrimination
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Judgment of the Court (Tenth Chamber) of 8 September 2022 ECLI:EU:C:2022:649 |
Case C-56/22 PL v Belgian State (Right to remain on humanitarian grounds)
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to set out the factual and legislative context of the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Ninth Chamber) of 8 September 2022 ECLI:EU:C:2022:672 |
Case C-188/22 VP v KS represented by AS (Written deposition)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Judicial cooperation in civil and commercial matters – Regulation (EC) No 1206/2001 – Taking of evidence – Written evidence of a person residing in a Member State other than the Member State of the court having jurisdiction – Possibility of having recourse to the means of taking evidence provided for by national law and not to that provided for by that regulation
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Order of the Court (Tenth Chamber) of 8 September 2022 ECLI:EU:C:2022:678 |
Case C-326/21 P PNB Banka v ECB
Appeal – Economic and monetary policy – Prudential supervision of credit institutions – Insolvency proceedings – Refusal by the European Central Bank (ECB) to grant the request of the board of directors of a credit institution seeking an order instructing the insolvency administrator of that institution to grant the lawyer authorised by that board access to the premises, information, staff and resources of that institution – Competence of the author of the measure – Article 263 TFEU – Measure open to an annulment action – Inadmissibility
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Judgment of the Court (Tenth Chamber) of 15 September 2022 ECLI:EU:C:2022:693 |
Case C-749/21 P CNMSE and Others v Parliament and Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Regulation (EU) 2020/1043 – Aarhus Convention – Point (d) of the first subparagraph of Article 2(2) and second subparagraph of Article 2(2) – Regulation (EC) No 1367/2006 – Article 2(1)(c) – Action for annulment – Article 263, fourth paragraph, TFEU – Associations concerned with the protection of human health and the environment – Lack of locus standi – Person not individually concerned – Application inadmissible – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Eighth Chamber) of 15 September 2022 ECLI:EU:C:2022:699 |
Case C-526/22 P(R) OT v Council
Appeal – Interim relief – Common foreign and security policy – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds and economic resources – Inclusion of the appellant’s name – Urgency – Serious and irreparable damage – None
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Order of the Vice-President of the Court of 16 September 2022 ECLI:EU:C:2022:701 |
Case C-333/19 DA and Others v Romatsa and Others
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – State aid – Articles 107 and 108 TFEU – Bilateral Investment Treaty – Arbitration clause – Romania – Arbitral award granting payment of damages – European Commission decision declaring that payment to be State aid incompatible with the internal market and ordering its recovery – Enforcement of an arbitral award before a court of a Member State other than the Member State to which the decision is addressed – Infringement of EU law – Article 19 TEU – Articles 267 and 344 TFEU – Autonomy of EU law
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Order of the Court (Tenth Chamber) of 21 September 2022 ECLI:EU:C:2022:749 |
Case C-338/22 P Hrebenyuk v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 22 September 2022 ECLI:EU:C:2022:732 |
Case C-320/22 P the airscreen company v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeal may proceed) of 28 September 2022 ECLI:EU:C:2022:731 |
Case C-342/22 P Laboratorios Ern v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 28 September 2022 ECLI:EU:C:2022:730 |
Case C-500/21 P HIM v Commission
Appeal – Arbitration clause – Grant agreements concluded under the Information and Communication Technologies (ICT) Policy Support Programme – Audit report – Debit notes issued by the European Commission for the recovery of certain sums – Action for annulment – Investigation by the European Anti-Fraud Office (OLAF) – Counterclaim – Full repayment of the grants concerned – Rights of the defence – Principle of sound administration – Impartiality – Principle of proportionality – Obligation to state reasons
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Judgment of the Court (Seventh Chamber) of 29 September 2022 ECLI:EU:C:2022:741 |
Case C-71/22 P CX v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Official – Investigation by the European Anti-Fraud Office (OLAF) – Unauthorised and clandestine negotiation of a contract – Conflict of interests – Disciplinary measure – Removal from post – Right to be heard – Repeated absence of the applicant and his lawyer from the disciplinary hearing – Distortion of the evidence – Duty of the European Commission to have regard for the welfare of its staff – Obligation to state reasons – Principle ne bis in idem – Reasonable time – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Seventh Chamber) of 29 September 2022 ECLI:EU:C:2022:745 |
Case C-592/21 ĒDIENS & KM.LV v Ieslodzījuma vietu pārvalde and Iepirkumu uzraudzības birojs
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Public procurement – Directive 2014/24/EU – Conduct of the procedure – Choice of participants – Selection criteria – Technical and professional capacities – Article 58(4) – Forms of evidence – European Single Procurement Document – Article 59 – Reliance on the capacities of other entities – Article 63(1) – Group of economic operators – Condition relating to professional experience to be satisfied by the member of the group responsible, in the event of the award of the contract, for performing the activities requiring that experience – Condition not provided for in the procurement documents – Status of general partnership unaffected by the system of joint and several liability
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Order of the Court (Eighth Chamber) of 30 September 2022 ECLI:EU:C:2022:746 |
October 2022
Case C-241/21 I. L. v Politsei- ja Piirivalveamet (Detention – Risk of committing a criminal offence)
Reference for a preliminary ruling – Directive 2008/115/EC – Return of illegally staying third-country nationals – Article 15(1) – Detention – Grounds for detention – General criterion based on the risk that the effective enforcement of the removal would be compromised – Risk that the person concerned would commit a criminal offence – Consequences of the establishment of the offence and the imposition of a penalty – Complication of the removal process – Article 6 of the Charter of Fundamental Rights of the European Union – Restriction of the fundamental right to liberty – Requirement of a legal basis – Requirements of clarity, predictability and accessibility – Protection against arbitrariness
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
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Opinion of Advocate General Richard de la Tour delivered on 2 June 2022
ECLI:EU:C:2022:432 |
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Judgment of the Court (Second Chamber) of 6 October 2022
ECLI:EU:C:2022:753 |
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Case C-250/21 Szef Krajowej Administracji Skarbowej v O. Fundusz Inwestycyjny Zamknięty reprezentowany przez O
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Supply of services for consideration – Exemptions – Article 135(1)(b) – Granting of credit – Sub-participation agreement
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Opinion of Advocate General Medina delivered on 12 May 2022
ECLI:EU:C:2022:386 |
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Judgment of the Court (Fourth Chamber) of 6 October 2022
ECLI:EU:C:2022:757 |
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Case C-266/21 Criminal proceedings against HV (Suspension of the right to drive)
Reference for a preliminary ruling – Common transport policy – Directive 2006/126/EC – Article 11(2) and (4) – Suspension of the right to drive a motor vehicle – Driving licence issued by the Member State of normal residence in exchange for a driving licence issued by another Member State – Refusal by the first Member State to enforce a decision suspending the right to drive adopted by the second Member State – Obligation for the second Member State not to recognise, in its territory, the validity of the driving licence that has been suspended
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
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Judgment of the Court (Third Chamber) of 6 October 2022
ECLI:EU:C:2022:754 |
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Case C-293/21 Vittamed technologijos v Valstybinė mokesčių inspekcija
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Deductions of input VAT – Goods and services used by the taxable person to produce capital goods – Articles 184 to 187 – Adjustment of deductions – Obligation to adjust deductions of VAT in the event of that taxable person being placed in liquidation and removed from the register of VAT payers
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
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Judgment of the Court (Tenth Chamber) of 6 October 2022
ECLI:EU:C:2022:763 |
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Joined Cases C-433/21 and C-434/21 Agenzia delle Entrate v Contship Italia
References for a preliminary ruling – Direct taxation – Freedom of establishment – Corporate income tax – Measures to prevent tax avoidance by shell companies – Determination of taxable income on the basis of presumed minimum income – Exclusion from the scope of those measures of companies and entities listed on national regulated markets
Requests for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Judgment of the Court (Eighth Chamber) of 6 October 2022
ECLI:EU:C:2022:760 |
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Case C-436/21 flightright v American Airlines (Air transport from Stuttgart to Kansas City)
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 3(1)(a) – Scope – Article 2(f) to (h) – Concept of ‘ticket’ – Concept of ‘reservation’ – Concept of ‘connecting flight’ – Reservation through a travel agency – Article 7 – Compensation for air passengers in the event of a long delay to a flight – Transport operation consisting of a number of flights operated by separate operating air carriers – Connecting flight departing from an airport located in a Member State with a stop in Switzerland and final destination in a third country
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 6 October 2022
ECLI:EU:C:2022:762 |
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Case C-344/20 L.F. v S.C.R.L. (Religious clothing)
Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Establishment of a general framework for equal treatment in employment and occupation – Prohibition of discrimination on the ground of religion or belief – Internal rule of a private undertaking prohibiting any manifestation, in the workplace, of religious, philosophical or political belief – Prohibition including words, clothing, or any other means of manifesting those beliefs – Wearing of an item of religious clothing
Request for a preliminary ruling from the Tribunal du travail francophone de Bruxelles
Language of the case: French
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Opinion of Advocate General Medina delivered on 28 April 2022
ECLI:EU:C:2022:328 |
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Judgment of the Court (Second Chamber) of 13 October 2022
ECLI:EU:C:2022:774 |
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Case C-616/20 M2Beauté Cosmetics v Bundesrepublik Deutschland
Reference for a preliminary ruling – Medicinal products for human use – Directive 2001/83/EC – Article 1(2)(b) – Definition of ‘medicinal product by function’ – Absence of a scientific study – Scientific knowledge on a structural analogue – Regulation (EC) No 1223/2009 – Cosmetic product – Specific beneficial effects on human health – Direct or indirect beneficial effects – Positive effects on appearance
Request for a preliminary ruling from the Verwaltungsgericht Köln
Language of the case: German
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Opinion of Advocate General Ćapeta delivered on 7 April 2022
ECLI:EU:C:2022:284 |
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Judgment of the Court (Second Chamber) of 13 October 2022
ECLI:EU:C:2022:781 |
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Case C-698/20 Gmina Wieliszew v Syndyk masy upadłości Spółdzielczego Banku Rzemiosła
Reference for a preliminary ruling – Structural Funds – European Regional Development Fund (ERDF) – Cohesion Fund – Regulation (EC) No 1083/2006 – Regulation (EU) No 1303/2013 – European Union funding – European Agricultural Fund for Rural Development (EAFRD) – Regulation (EC) No 1290/2005 – Regulation (EC) No 1698/2005 – Regulation (EU) No 1306/2013 – Grant agreement – Funds paid to a beneficiary into an account in an insolvent bank – National legislation not excluding those funds from the insolvency estate of that bank
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
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Judgment of the Court (Sixth Chamber) of 13 October 2022
ECLI:EU:C:2022:787 |
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Case C-713/20 Raad van bestuur van de Sociale verzekeringbank and Y v X and Raad van bestuur van de Sociale verzekeringbank (Intervals between temporary work assignments)
Reference for a preliminary ruling – Social security for migrant workers – Regulation (EC) No 883/2004 – Article 11(3)(a) and (e) – Person residing in one Member State and employed in another Member State – Employment contract or contracts entered into with a single temporary employment agency – Temporary work assignments – Intervening periods – Determination of the legislation applicable during intervening periods between temporary work assignments – Termination of the employment relationship
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
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Opinion of Advocate General Pitruzzella delivered on 17 March 2022
ECLI:EU:C:2022:197 |
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Judgment of the Court (Second Chamber) of 13 October 2022
ECLI:EU:C:2022:782 |
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Case C-1/21 MC v Direktor na Direktsia 'Obzhalvane i danachno-osiguritelna praktika'
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 273 – Measures to ensure the correct collection of VAT – Article 325(1) TFEU – Obligation to counter illegal activities affecting the financial interests of the European Union – VAT debts of a taxable legal person – National legislation which provides for the joint and several liability of the non-taxable manager of the legal person – Transfers made in bad faith by the manager – Depletion of the legal person’s assets leading to insolvency – Failure to pay the amounts of VAT payable by the legal person within the prescribed time limits – Default interest – Proportionality
Request for a preliminary ruling from the Administrativen sad Veliko Tarnovo
Language of the case: Bulgarian
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Opinion of Advocate General Kokott delivered on 2 June 2022
ECLI:EU:C:2022:435 |
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Judgment of the Court (Seventh Chamber) of 13 October 2022
ECLI:EU:C:2022:788 |
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Case C-64/21 Rigall Arteria Management v Bank Handlowy
Reference for a preliminary ruling – Directive 86/653/EEC – Article 7(1)(b) – Self-employed commercial agents – Transaction concluded with a third party whom the commercial agent has previously acquired as a customer – Remuneration – Whether the agent’s right to commission is mandatory or supplementary
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
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Opinion of Advocate General Ćapeta delivered on 9 June 2022
ECLI:EU:C:2022:453 |
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Judgment of the Court (Third Chamber) of 13 October 2022
ECLI:EU:C:2022:783 |
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Joined Cases C-164/21 and C-318/21 Baltijas Starptautiskā Akadēmija and Stockholm School of Economics in Riga v Latvijas Zinātnes padome
References for a preliminary ruling – Regulation (EU) No 651/2014 – Point 83 of Article 2 – Direct and unconditional reference to EU law – Admissibility of the questions – Research and development and innovation aid – Concept of ‘research and knowledge-dissemination organisation’ – Higher education establishment carrying on economic and non-economic activities – Determination of the primary goal
Requests for a preliminary ruling from the Administratīvā rajona tiesa and Administratīvā apgabaltiesa
Language of the case: Latvian
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Opinion of Advocate General Ćapeta delivered on 28 April 2022
ECLI:EU:C:2022:333 |
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Judgment of the Court (Fourth Chamber) of 13 October 2022
ECLI:EU:C:2022:785 |
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Case C-199/21 DN v Finanzamt Österreich (Recovery of family benefits)
Reference for a preliminary ruling – Social security – Regulation (EC) No 883/2004 – Articles 67 and 68 – Family benefits – Right to benefits under a pension – Pensioner in receipt of pensions from two Member States – Member State(s) in which that pensioner is entitled to family benefits – Regulation (EC) No 987/2009 – Third sentence of Article 60(1) – Legislation of a Member State providing for the award of family benefits to the parent who has taken the child into his or her household – Failure by that parent to claim the award of those benefits – Obligation to take into account the application submitted by the other parent – Request for the recovery of family benefits paid to the other parent – Whether permissible
Request for a preliminary ruling from the Bundesfinanzgericht
Language of the case: German
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Opinion of Advocate General Pikamäe delivered on 2 June 2022
ECLI:EU:C:2022:436 |
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Judgment of the Court (Seventh Chamber) of 13 October 2022
ECLI:EU:C:2022:789 |
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Case C-256/21 KP v TV and Gemeinde Bodman-Ludwigshafen
Reference for a preliminary ruling – EU trade marks – Regulation (EU) 2017/1001 – Article 124(a) and (d) – Article 128 – Jurisdiction of EU trade mark courts – Action for infringement – Counterclaim for a declaration of invalidity – Withdrawal of the action for infringement – Outcome of the counterclaim – Autonomous nature of the counterclaim
Request for a preliminary ruling from the Oberlandesgericht München
Language of the case: German
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Opinion of Advocate General Pitruzzella delivered on 5 May 2022
ECLI:EU:C:2022:366 |
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Judgment of the Court (Fifth Chamber) of 13 October 2022
ECLI:EU:C:2022:786 |
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Case C-355/21 Perfumesco.pl v Procter & Gamble International Operations
Reference for a preliminary ruling – Intellectual property – Directive 2004/48/EC – Enforcement of intellectual property rights – Article 10 – Corrective measures – Destruction of goods – Concept of ‘infringement of an intellectual property right’ – Goods bearing an EU trade mark
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
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Judgment of the Court (Ninth Chamber) of 13 October 2022
ECLI:EU:C:2022:791 |
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Case C-397/21 HUMDA v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Harmonisation of fiscal legislation – Common system of value added tax – Directive 2006/112/EC – Sales which are not subject to VAT – VAT unduly invoiced and paid – Liquidation of the provider – Refusal by the tax authority to refund to the customer the VAT improperly paid – Principles of effectiveness, tax neutrality and non-discrimination
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Judgment of the Court (Seventh Chamber) of 13 October 2022
ECLI:EU:C:2022:790 |
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Case C-405/21 FV v NOVA KREDITNA BANKA MARIBOR
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 3(1) and Article 8 – Criteria for assessing the unfairness of a contractual term – Significant imbalance between the parties’ rights and obligations under the contract – Requirement of good faith on the part of the seller or supplier – Possibility of ensuring a higher level of protection than that provided for in the directive
Request for a preliminary ruling from the Višje sodišče v Mariboru
Language of the case: Slovene
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Judgment of the Court (Tenth Chamber) of 13 October 2022
ECLI:EU:C:2022:793 |
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Case C-431/21 X v Finanzamt Bremen
Reference for a preliminary ruling – Freedom of establishment and freedom to provide services – Corporation tax – Determination of the taxable income of companies – Transactions featuring foreign elements – Obligation to provide fiscal documentation of business relations between parties with a relationship of interdependence – Estimate of the taxable income and surcharge by way of a penalty
Request for a preliminary ruling from the Finanzgericht Bremen
Language of the case: German
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Judgment of the Court (Ninth Chamber) of 13 October 2022
ECLI:EU:C:2022:792 |
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Case C-437/21 Liberty Lines v Ministero delle Infrastrutture e dei Trasporti
Reference for a preliminary ruling – Transport – Regulation (EEC) No 3577/92 – Articles 1 and 4 – Regulation (EEC) No 1370/2007 – Article 1 – Direct award of public service contracts – Public services for high-speed maritime passenger transport – Treatment like rail transport services provided by sea
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Tenth Chamber) of 13 October 2022
ECLI:EU:C:2022:794 |
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Case C-593/21 NY v Herios
Reference for a preliminary ruling – Directive 86/653/EEC – Article 17(2)(a) – Self-employed commercial agents – Termination of the agency contract by the principal – Compensation of the agent – Goodwill indemnity – Sub-agency – Right of the subagent to a proportion of the goodwill indemnity payable to the main agent corresponding to the customers brought by the subagent
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
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Judgment of the Court (Third Chamber) of 13 October 2022
ECLI:EU:C:2022:784 |
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Case C-677/20 IG Metall and ver.di v SAP and SE-Betriebsrat der SAP
Reference for a preliminary ruling – Social policy – European company – Directive 2001/86/EC – Involvement of employees in decision-making within the European company – Article 4(4) – European company established by means of transformation – Content of the negotiated agreement – Election of employees’ representatives as members of the Supervisory Board – Election procedure providing for a separate ballot in respect of the trade union representatives
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 28 April 2022
ECLI:EU:C:2022:325 |
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Judgment of the Court (Grand Chamber) of 18 October 2022
ECLI:EU:C:2022:800 |
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Case C-473/20 Invest Fund Management v Komisia za finansov nadzor
Reference for a preliminary ruling – Approximation of laws – Directive 2009/65/EC – Undertakings for collective investment in transferable securities (UCITS) – UCITS management companies – Obligations concerning information to be provided to investors – Article 72 – Obligation to update the ‘essential elements of the prospectus’ – Scope – Article 69(2) – Information referred to in Schedule A of Annex I – Composition of a body of the management company – Article 99a(r) – Transposition into national law – National legislation extending the situations in which an infringement relating to the updating of the prospectus may be established and penalised
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
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Opinion of Advocate General Collins delivered on 31 March 2022
ECLI:EU:C:2022:243 |
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Judgment of the Court (First Chamber) of 20 October 2022
ECLI:EU:C:2022:804 |
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Case C-585/20 BFF Finance Iberia S.A.U. v Gerencia Regional de Salud de la Junta de Castilla y León
Reference for a preliminary ruling – Directive 2011/7/EU – Combating late payment in commercial transactions – Recovery from a public authority of debts assigned by undertakings to a collection agency – Compensation for recovery costs incurred by the creditor in the event of late payment by the debtor – Article 6 – Fixed minimum sum of EUR 40 – Transactions between undertakings and public authorities – Article 4 – Procedure for ascertaining the conformity of goods or services – Payment period – Article 2(8) – Definition of ‘amount due’ – Inclusion of value added tax for the purpose of calculating default interest
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo Valladolid
Language of the case: Spanish
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Opinion of Advocate General Rantos delivered on 28 April 2022
ECLI:EU:C:2022:329 |
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Judgment of the Court (Third Chamber) of 20 October 2022
ECLI:EU:C:2022:806 |
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Case C-604/20 ROI Land Investments v FD
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Article 6 – Defendant not domiciled in a Member State – Article 17 – Jurisdiction over consumer contracts – Concept of ‘trade or profession’/‘professional activities’ – Article 21 – Jurisdiction over individual contracts of employment – Concept of ‘employer’ – Relationship of subordination – Regulation (EC) No 593/2008 – Applicable law – Article 6 – Individual contract of employment – Letter of comfort between the employee and a third party company guaranteeing performance of the employer’s obligations towards that employee
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 28 April 2022
ECLI:EU:C:2022:331 |
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Judgment of the Court (Third Chamber) of 20 October 2022
ECLI:EU:C:2022:807 |
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Case C-66/21 O.T. E. v Staatssecretaris van Justitie en Veiligheid (Removal of a victim of trafficking in human beings)
Reference for a preliminary ruling – Border controls, asylum and immigration – Asylum policy – Residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities – Directive 2004/81/EC – Article 6 – Scope – Third-country national claiming to be the victim of an offence related to the trafficking in human beings – Entitlement to the reflection period provided for in Article 6(1) of that directive – Prohibition on enforcing an expulsion measure – Definition – Scope – Calculation of that reflection period – Regulation (EU) No 604/2013 – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person – Transfer to the Member State responsible for examining that application for international protection
Request for a preliminary ruling from the Rechtbank Den Haag
Language of the case: Dutch
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Opinion of Advocate General Richard de la Tour delivered on 2 June 2022
ECLI:EU:C:2022:434 |
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Judgment of the Court (Fourth Chamber) of 20 October 2022
ECLI:EU:C:2022:809 |
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Case C-77/21 Digi v Nemzeti Adatvédelmi és Információszabadság Hatóság
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 5(1)(b) and (e) – Principle of ‘purpose limitation’ – Principle of ‘storage limitation’ – Creation, from an existing database, of a database to carry out tests and correct errors – Further processing of the data – Compatibility of the further processing of those data with the purposes of the initial collection – Retention period in the light of those purposes
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Opinion of Advocate General Pikamäe delivered on 31 March 2022
ECLI:EU:C:2022:248 |
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Judgment of the Court (First Chamber) of 20 October 2022
ECLI:EU:C:2022:805 |
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Case C-111/21 BT v Laudamotion
Reference for a preliminary ruling – Air transport – Montreal Convention – Article 17(1) – Liability of air carriers for death or bodily injuries sustained by passengers – Concept of ‘bodily injury’ – Post-traumatic stress disorder suffered by a passenger during the emergency evacuation of an aircraft
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 24 March 2022
ECLI:EU:C:2022:224 |
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Judgment of the Court (Third Chamber) of 20 October 2022
ECLI:EU:C:2022:808 |
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Case C-295/21 Allianz Benelux v État belge, SPF Finances
Reference for a preliminary ruling – Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States – Directive 90/435/EEC – Article 4(1) – Exemption in favour of a parent company of the dividends paid by its subsidiary – Carrying over definitively taxed income surpluses to subsequent tax years – Absorption of a company with definitively taxed income surpluses by another company – National legislation limiting the transfer of those surpluses to the absorbing company
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
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Opinion of Advocate General Rantos delivered on 28 April 2022
ECLI:EU:C:2022:334 |
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Judgment of the Court (Eighth Chamber) of 20 October 2022
ECLI:EU:C:2022:812 |
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Case C-301/21 Curtea de Apel Alba Iulia and Others v YF and Others
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 2(1) and (2) – Prohibition of discrimination on grounds of age – National legislation which leads to a situation in which the remuneration of certain judges is higher than that of other judges of the same rank and performing the same work – Article 1 – Purpose – Exhaustive nature of the discrimination referred to
Request for a preliminary ruling from the Curtea de Apel Oradea
Language of the case: Romanian
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Judgment of the Court (Sixth Chamber) of 20 October 2022
ECLI:EU:C:2022:811 |
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Case C-306/21 Komisia za zashtita na lichnite danni and Tsentralna izbiratelna komisia v Demokratichna Bulgaria - Obedinenie
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Scope – Article 2(2)(a) – Concept of ‘activity which falls outside the scope of Union law’ – National and European elections – Article 6(1)(e) – Lawfulness of processing – Article 58 – Measure adopted by the supervisory authorities which limits or, where appropriate, prohibits the video recording of the vote count at polling stations
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Judgment of the Court (Eighth Chamber) of 20 October 2022
ECLI:EU:C:2022:813 |
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Case C-362/21 EKOFRUKT v Direktor na Direktsia 'Obzhalvane i danachno-osiguritelna praktika' – Veliko Tarnovo
Reference for a preliminary ruling – Internal market – Regulation (EU) No 910/2014 – Article 3(12) – Concept of ‘qualified electronic signature’ – Article 25(1) – Article 26 – Annex I – Legal effects of electronic signatures – Requirements relating to an advanced electronic signature – Administrative act issued in the form of an electronic document signed with an electronic signature not meeting the requirements for a ‘qualified electronic signature’ – Cumulative requirements – Consequences – Article 3(15) – Absence of a ‘qualified certificate for electronic signature’ – Entry of a qualified electronic signature in the certificate issued by the trust service provider – Effect – Names of the holder of the electronic signature which have been transliterated using Latin script rather than being written in Cyrillic script as they normally are
Request for a preliminary ruling from the Administrativen sad Veliko Tarnovo
Language of the case: Bulgarian
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Judgment of the Court (Tenth Chamber) of 20 October 2022
ECLI:EU:C:2022:815 |
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Case C-374/21 IFAP v AB and Others
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice – Regulation (EC, Euratom) No 2988/95 – Own resources of the European Union – Protection of the European Union’s financial interests – Proceedings relating to irregularities – Article 4 – Adoption of administrative measures – Article 3(1) – Limitation period for proceedings – Expiry – Whether it may be relied on in the context of the enforced recovery procedure – Article 3(2) – Period for implementation – Applicability – Starting point of the limitation period – Interruption and suspension
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
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Order of the Court (Ninth Chamber) of 20 October 2022
ECLI:EU:C:2022:850 |
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Case C-406/21 A v B and Joint heirs of C (Non-recovery of interest for late payment)
Reference for a preliminary ruling – Combating late payment in commercial transactions – Directive 2011/7/EU – Article 12(4) – Temporal scope – Practice established before 16 March 2013 consisting in not recovering interest for late payment or compensation for recovery costs – Practice applied to individual orders placed on or after that date – Article 7(2) and (3) – Grossly unfair contractual terms and practices – Waiver freely agreed to
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
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Judgment of the Court (Tenth Chamber) of 20 October 2022
ECLI:EU:C:2022:816 |
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Case C-542/21 Mikrotīkls v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Combined Nomenclature – Tariff classification – Heading 8517 – Subheadings 8517 70 11 and 8517 70 19 – Router aerials
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
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Judgment of the Court (Eighth Chamber) of 20 October 2022
ECLI:EU:C:2022:814 |
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Case C-825/21 UP v Centre public d’action sociale de Liège (Withdrawal or suspension of a return decision)
Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Directive 2008/115/EC – Return of illegally staying third-country nationals – Asylum application – Rejection – Order to leave the territory – Article 6(4) – Application for leave to remain for the purpose of medical treatment – Admissible application – Issuance of temporary leave to remain while the application is being examined – Dismissal of application – Social assistance – Refusal – Condition relating to the legality of the stay – No return decision – Effect of temporary leave to remain on the order to leave the territory
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
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Judgment of the Court (Fifth Chamber) of 20 October 2022
ECLI:EU:C:2022:810 |
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Case C-721/20 DB Station & Service v ODEG Ostdeutsche Eisenbahn
Reference for a preliminary ruling – Rail transport – Article 102 TFEU – Abuse of a dominant position – Directive 2001/14/EC – Access to railway infrastructure – Article 30 – Railway regulatory body – Review of infrastructure charges – National courts – Review of charges in the light of competition law – Division of competence between the regulatory authority and the national courts
Request for a preliminary ruling from the Kammergericht Berlin
Language of the case: German
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Opinion of Advocate General Ćapeta delivered on 7 April 2022
ECLI:EU:C:2022:288 |
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Judgment of the Court (Fourth Chamber) of 27 October 2022
ECLI:EU:C:2022:832 |
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Joined Cases C-68/21 and C-84/21 Iveco Orecchia v APAM Esercizio and Brescia Trasporti
References for a preliminary ruling – Approximation of laws – Motor vehicles – Directive 2007/46/EC – Technical specifications – Offer to supply spare parts equivalent to the originals of a specific mark – Absence of proof of type-approval – Declaration of equivalence to the original by the tenderer – Concept of ‘manufacturer’ – Means of proof – Public procurement – Directive 2014/25/EU
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 5 May 2022
ECLI:EU:C:2022:365 |
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Judgment of the Court (Sixth Chamber) of 27 October 2022
ECLI:EU:C:2022:835 |
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Case C-129/21 Proximus v Gegevensbeschermingsautoriteit (Public electronic directories)
Reference for a preliminary ruling – Processing of personal data and protection of privacy in the electronic communications sector – Directive 2002/58/EC – Article 12 – Public telephone directories and directory enquiry services – Subscriber’s consent – Obligations of the provider of directories and of directory enquiry services – Regulation (EU) 2016/679 – Article 17 – Right to erasure (‘right to be forgotten’) – Article 5(2) – Article 24 – Information obligations and responsibility of the controller
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
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Opinion of Advocate General Collins delivered on 28 April 2022
ECLI:EU:C:2022:332 |
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Judgment of the Court (Fourth Chamber) of 27 October 2022
ECLI:EU:C:2022:833 |
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Case C-197/21 Soda-Club (CO2) and SodaStream International v MySoda
Reference for a preliminary ruling – Trade-mark law – Regulation (EU) 2017/1001 – Article 15(2) – Directive (EU) 2015/2436 – Article 15(2) – Exhaustion of the rights conferred by a trade mark – Cylinders containing carbon dioxide – Placing on the market by the trade mark proprietor of carbon dioxide cylinders intended to be reused and refilled numerous times – Activity of a reseller consisting in refilling and relabelling cylinders leaving visible the original mark – Opposition brought by the trade mark proprietor – Legitimate reasons to oppose further commercialisation of the goods bearing the trade mark
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
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Opinion of Advocate General Pitruzzella delivered on 12 May 2022
ECLI:EU:C:2022:387 |
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Judgment of the Court (Fifth Chamber) of 27 October 2022
ECLI:EU:C:2022:834 |
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Case C-390/21 ADPA and Gesamtverband Autoteile-Handel v Automobiles PEUGEOT and PSA Automobiles
Reference for a preliminary ruling – Market for vehicle repair and maintenance information services – Regulation (EU) 2018/858 – Article 61 – Obligation on automotive manufacturers to provide vehicle repair and maintenance information – Scope – Right of access to that information – Independent operators – Publishers of technical information – Article 63 – Reasonable and proportionate fees for access
Request for a preliminary ruling from the Landgericht Köln
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 27 October 2022
ECLI:EU:C:2022:837 |
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Case C-411/21 Instituto do Cinema e do Audiovisual v NOWO Communications
Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Services consisting in the creation and production of cinematographic and audiovisual works – Operators of subscription television services – Subscription fee payable by subscription television operators – Allocation of the revenue from the fee – Restriction – Effects too uncertain or too indirect
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
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Judgment of the Court (Seventh Chamber) of 27 October 2022
ECLI:EU:C:2022:836 |
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Case C-418/21 Orthomol pharmazeutische Vertriebs v Verband Sozialer Wettbewerb
Reference for a preliminary ruling – Food safety – Food – Regulation (EU) No 609/2013 – Article 2(2)(g) – Delegated Regulation (EU) 2016/128 – Food for special medical purposes – Other particular nutritional requirements – Food providing a general benefit for the patient – Distinction in relation to medicinal products
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
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Judgment of the Court (Second Chamber) of 27 October 2022
ECLI:EU:C:2022:831 |
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Case C-485/21 S. V. v E. Ts. D. (Building in co-ownership)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 2(b) – Concept of ‘consumer’ – Article 2(c) – Concept of ‘seller or supplier’ – Natural person who owns an apartment in a building in co-ownership – Different types of legal relationships relating to the management and maintenance of that building – Difference in treatment, as regards the status of consumer, arising from the law of a Member State between co‑owners who have concluded an individual contract for the management and maintenance of the communal areas of such a building and those who have not concluded such a contract
Request for a preliminary ruling from the Rayonen sad - Nesebar
Language of the case: Bulgarian
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Judgment of the Court (Eighth Chamber) of 27 October 2022
ECLI:EU:C:2022:839 |
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Case C-641/21 Climate Corporation Emissions Trading v Finanzamt Österreich
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 44 – Point of reference for tax purposes – Transfer of greenhouse gas emission allowances – Recipient involved in VAT evasion in a chain of transactions – Taxable person who knew or should have known about that evasion
Request for a preliminary ruling from the Bundesfinanzgericht
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 27 October 2022
ECLI:EU:C:2022:842 |
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Case C-435/22 PPU Criminal proceedings against HF (Extradition and ne bis in idem)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – Charter of Fundamental Rights of the European Union – Article 50 – Convention implementing the Schengen Agreement – Article 54 – Principle ne bis in idem – Extradition agreement between the European Union and the United States of America – Extradition of a third-country national to the United States under a bilateral treaty concluded by a Member State – National who has been convicted by final judgment for the same acts and has served his sentence in full in another Member State
Request for a preliminary ruling from the Oberlandesgericht München
Language of the case: German
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Opinion of Advocate General Collins delivered on 13 October 2022
ECLI:EU:C:2022:775 |
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Judgment of the Court (Grand Chamber) of 28 October 2022
ECLI:EU:C:2022:852 |
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Information (on unpublished decisions)
Case C-116/19 P-DEP EUIPO v Schneider
Taxation of costs
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Order of the Court (Seventh Chamber) of 3 October 2022 ECLI:EU:C:2022:751 |
Case C-382/19 P-DEP EUIPO v Pethke
Taxation of costs
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Order of the Court (Seventh Chamber) of 3 October 2022 ECLI:EU:C:2022:752 |
Case C-302/22 YS and RW v Freebird Airlines Europe
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Article 5(3) – Compensation for air passengers in the event of long delays to flights – Exemption from the obligation to pay compensation – Extraordinary circumstances – Collision between an aircraft and birds – Emergency braking manoeuvre leading to damage to the tyres of that aircraft
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Order of the Court (Eighth Chamber) of 3 October 2022 ECLI:EU:C:2022:748 |
Case C-488/16 P-DEP Freistaat Bayern v Bundesverband Souvenir – Geschenke – Ehrenpreise
Taxation of costs
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Order of the Court (Seventh Chamber) of 4 October 2022 ECLI:EU:C:2022:768 |
Case C-49/20 SF v Teritorialna direktsia na NAP
Reference for a preliminary ruling – Articles 53 and 99 of the Rules of Procedure of the Court of Justice – Directive (EU) 2015/849 – Scope – National legislation requiring payments over a certain amount to be made exclusively by bank transfer or by deposit into a payment account
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Order of the Court (Eighth Chamber) of 4 October 2022 ECLI:EU:C:2022:770 |
Case C-168/22 P FT and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Remuneration – European Commission staff posted to a third country – Updating of the correction coefficients – Repetition of the pleas and arguments put forward before the General Court of the European Union – Lack of clarity and precision of the pleas – Appeal manifestly inadmissible
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Order of the Court (Seventh Chamber) of 5 October 2022 ECLI:EU:C:2022:764 |
Case C-170/22 P FJ and Others v EEAS
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Remuneration – European External Action Service (EEAS) – Updating of the correction coefficients – Repetition of the pleas and arguments put forward before the General Court of the European Union – Lack of clarity and precision of the pleas – Appeal manifestly inadmissible
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Order of the Court (Seventh Chamber) of 5 October 2022 ECLI:EU:C:2022:765 |
Case C-171/22 P FJ and Others v EEAS
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Remuneration – European External Action Service (EEAS) staff – Updating of the correction coefficients – Repetition of the pleas and arguments put forward before the General Court of the European Union – Lack of clarity and precision of the pleas – Appeal manifestly inadmissible
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Order of the Court (Seventh Chamber) of 5 October 2022 ECLI:EU:C:2022:767 |
Case C-172/22 P FZ and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Remuneration – European Commission staff posted to a third country – Updating of the correction coefficients – Repetition of the pleas and arguments put forward before the General Court of the European Union – Lack of clarity and precision of the pleas – Appeal manifestly inadmissible
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Order of the Court (Seventh Chamber) of 5 October 2022 ECLI:EU:C:2022:769 |
Case C-673/21 P KN v EESC
Appeal – Institutional law – European Economic and Social Committee (EESC) – Code of Conduct – Allegations of psychological harassment against a member of the EESC – Investigation by the European Anti-Fraud Office (OLAF) – Decision to relieve the member of his supervisory and personnel management functions – Action for annulment and compensation
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Judgment of the Court (Seventh Chamber) of 6 October 2022 ECLI:EU:C:2022:759 |
Case C-525/22 P(R) Mariani v Parliament
Appeal – Interim relief – Law governing the institutions – Member of the European Parliament – Exclusion decision taken by the Democracy Support and Election Coordination Group – Urgency – Serious and irreparable harm – Detriment to one of the attributes of the mandate of a Member of the European Parliament
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Order of the Vice-President of the Court of 12 October 2022 ECLI:EU:C:2022:797 |
Case C-542/22 P(R) Lacapelle v Parliament
Appeal – Interim relief – Law governing the institutions – Member of the European Parliament – Exclusion decision taken by the Democracy Support and Election Coordination Group – Urgency – Serious and irreparable harm – Detriment to one of the attributes of the mandate of a Member of the European Parliament
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Order of the Vice-President of the Court of 12 October 2022 ECLI:EU:C:2022:796 |
Case C-544/22 P(R) Juvin v Parliament
Appeal – Interim relief – Law governing the institutions – Member of the European Parliament – Exclusion decision taken by the Democracy Support and Election Coordination Group – Urgency – Serious and irreparable damage – Detriment to one of the attributes of the mandate of a Member of the European Parliament
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Order of the Vice-President of the Court of 12 October 2022 ECLI:EU:C:2022:798 |
Case C-383/22 P SFD v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 17 October 2022 ECLI:EU:C:2022:799 |
Case C-777/21 VB v Comune di Portici
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Article 49 TFEU – Freedom of establishment – Article 56 TFEU – Freedom to provide services – Road traffic – Registration and taxation of motor vehicles – Vehicle registered in a Member State – Driver residing in the Member State where the vehicle is registered and in another Member State – Legislation of a Member State prohibiting persons who have resided in that Member State for more than 60 days from driving in that Member State a vehicle registered in another country
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Order of the Court (Eighth Chamber) of 19 October 2022 ECLI:EU:C:2022:829 |
Case C-576/21 P Mendes de Almeida v Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Enhanced cooperation on the establishment of the European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Appointment of European Prosecutors – Appointment of one of the candidates nominated by the Portuguese Republic – Alleged infringement of the rules applicable to the appointment of European Prosecutors – Action for annulment – Time limit for bringing proceedings – Point from which time starts to run – Out of time – Appeal manifestly unfounded
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Order of the Court (Tenth Chamber) of 20 October 2022 ECLI:EU:C:2022:826 |
Case C-79/22 P Correia de Matos v Commission
Appeal – Article 181 – Rules of Procedure of the Court of Justice – Institutional law – Decision of the European Commission rejecting the applicant’s complaint concerning an alleged breach of Article 267 TFEU by the Tribunal Constitucional (Constitutional Court, Portugal) – Representation by a lawyer who is not a third party – Appeal clearly inadmissible
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Order of the Court (Tenth Chamber) of 20 October 2022 ECLI:EU:C:2022:828 |
Case C-446/22 P Fidelity National Information Services v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 20 October 2022 ECLI:EU:C:2022:827 |
Case C-104/21 RegioJet v České dráhy
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Concept of ‘court or tribunal’ – Criteria relating to the constitution and function of that body – Exercise of judicial or administrative functions – Directive 2012/34/EU – Articles 55 and 56 – Single national regulatory body for the railway sector – Independent regulatory authority for the sector – Entitlement to act on an ex officio basis – Power to impose penalties – Decisions that are open to challenge before the courts – Manifest inadmissibility of the request for a preliminary ruling
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Order of the Court (Ninth Chamber) of 26 October 2022 ECLI:EU:C:2022:851 |
Case C-539/21 P EC v Comittee of the Regions
Appeal – Civil Service – Members of the temporary staff – Conditions of Employment of Other Servants of the European Union – Article 2(c) – Contract for an indefinite period – Early termination with notice – Article 47(c)(i) – Breakdown in relationship of trust – Terms implementing the notice – Manifest error of assessment and error of law – Omissions – Action for annulment and for damages
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Judgment of the Court (Eighth Chamber) of 27 October 2022 ECLI:EU:C:2022:840 |
Case C-544/21 ID v Stadt Mainz
Reference for a preliminary ruling – Freedom to provide services – Directive 2006/123/EC – Article 15(1), (2)(g) and (3) – Services in the internal market – Fees of architects and engineers – Fixed minimum tariffs – Direct effect of provisions of EU law and possible inapplicability of national legislation
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Judgment of the Court (Ninth Chamber) of 27 October 2022 ECLI:EU:C:2022:843 |
November 2022
Joined Cases C-859/19, C-926/19 and C-929/19 Criminal proceedings against FX and Others (Effect of the decisions of a constitutional court III)
References for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Fight against corruption – Protection of the European Union’s financial interests – Article 325(1) TFEU – PFI Convention – Decision 2006/928/EC – Criminal proceedings – Decisions of the Curtea Constituțională (Constitutional Court, Romania) concerning the composition of panels hearing cases relating to serious corruption – Duty on national courts to give full effect to decisions of the Curtea Constituțională (Constitutional Court) – Disciplinary liability of judges in the event of non-compliance with such decisions – Power to disapply decisions of the Curtea Constituțională (Constitutional Court) that are inconsistent with EU law – Principle of primacy of EU law
Requests for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
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Order of the Court (Sixth Chamber) of 7 November 2022
ECLI:EU:C:2022:878 |
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Case C-873/19 Deutsche Umwelthilfe v Bundesrepublik Deutschland (Approval of motor vehicles)
Reference for a preliminary ruling – Environment – Aarhus Convention – Access to justice – Article 9(3) – Charter of Fundamental Rights of the European Union – Article 47, first paragraph – Right to effective judicial protection – Environmental association – Standing of such an association to bring an action before a national court against EC type-approval granted to certain vehicles – Regulation (EC) No 715/2007 – Article 5(2)(a) – Motor vehicles – Diesel engine – Pollutant emissions – Valve for exhaust gas recirculation (EGR valve) – Reduction of nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Defeat device – Authorisation of such a device where the need is justified in terms of protecting the engine against damage or accident and for safe operation of the vehicle – State of the art
Request for a preliminary ruling from the Schleswig-Holsteinisches Verwaltungsgericht
Language of the case: German
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Opinion of Advocate General Rantos delivered on 3 March 2022
ECLI:EU:C:2022:156 |
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Judgment of the Court (Grand Chamber) of 8 November 2022
ECLI:EU:C:2022:857 |
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Joined Cases C-885/19 P and C-898/19 P Fiat Chrysler Finance Europe and Ireland v Commission
Appeal – State aid – Aid implemented by the Grand Duchy of Luxembourg – Decision declaring the aid incompatible with the internal market and unlawful and ordering its recovery – Tax ruling – Advantage – Selectivity – Arm’s length principle – Reference framework – National law applicable – ‘Normal’ taxation
Language of the case: English
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Opinion of Advocate General Pikamäe delivered on 16 December 2021
ECLI:EU:C:2021:1028 |
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Judgment of the Court (Grand Chamber) of 8 November 2022
ECLI:EU:C:2022:859 |
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Joined Cases C-704/20 and C-39/21 Staatssecretaris van Justitie en Veiligheid v C and B and X v Staatssecretaris van Justitie en Veiligheid (Ex officio review of detention)
References for a preliminary ruling – Area of freedom, security and justice – Detention of third-country nationals – Fundamental right to liberty – Article 6 of the Charter of Fundamental Rights of the European Union – Conditions governing the lawfulness of detention – Directive 2008/115/EC – Article 15 – Directive 2013/33/EU – Article 9 – Regulation (EU) No 604/2013 – Article 28 – Review of the lawfulness of detention and of the continuation of a detention measure – Ex officio review – Fundamental right to an effective judicial remedy – Article 47 of the Charter of Fundamental Rights
Requests for a preliminary ruling from the Raad van State and Rechtbank Den Haag, zittingsplaats 's-Hertogenbosch
Language of the case: Dutch
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Opinion of Advocate General Richard de la Tour delivered on 21 June 2022
ECLI:EU:C:2022:489 |
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Judgment of the Court (Grand Chamber) of 8 November 2022
ECLI:EU:C:2022:858 |
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Case C-211/20 P Commission v Valencia Club de Fútbol
Appeal – State aid – Public guarantee granted by a public entity – Loans to three football clubs from the Community of Valencia (Valencia CF, Hércules CF and Elche CF) – Decision declaring the aid to be incompatible with the internal market – Annulment of the decision in so far as it concerns Valencia CF – Concept of ‘advantage’ – Assessment of the existence of an advantage – Guarantee Notice – Interpretation – Duty of care on the part of the European Commission – Burden of proof – Distortion
Language of the case: Spanish
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Opinion of Advocate General Pitruzzella delivered on 7 April 2022
ECLI:EU:C:2022:280 |
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Judgment of the Court (First Chamber) of 10 November 2022
ECLI:EU:C:2022:862 |
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Case C-163/21 AD v PACCAR and Others
Reference for a preliminary ruling – Competition – Compensation for harm caused by a practice prohibited under Article 101(1) TFEU – Collusive arrangements on pricing and gross price increases for trucks in the European Economic Area (EEA) – Directive 2014/104/EU – Rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union – Article 22(2) – Applicability ratione temporis – First subparagraph of Article 5(1) – Concept of relevant evidence which lies in the control of the defendant or a third party – Article 5(2) – Disclosure of specified items of evidence or relevant categories of evidence on the basis of reasonably available facts – Article 5(3) – Review of the proportionality of the request to disclose evidence – Balancing the legitimate interests of the parties and third parties – Scope of the obligations resulting from those provisions
Request for a preliminary ruling from the Juzgado Mercantil de Barcelona
Language of the case: Spanish
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Opinion of Advocate General Szpunar delivered on 7 April 2022
ECLI:EU:C:2022:286 |
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Judgment of the Court (Second Chamber) of 10 November 2022
ECLI:EU:C:2022:863 |
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Case C-203/21 Criminal proceedings against DELTA STROY 2003
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2005/212/JHA – Applicability – Imposition of a financial penalty on a legal person for non-payment of tax debts – Concept of ‘confiscation’ – Articles 48, 49 and 52 of the Charter of Fundamental Rights of the European Union – Penalties of a criminal nature – Principles of the presumption of innocence and the legality and proportionality of criminal offences and penalties – Rights of the defence – Imposition of a criminal penalty on a legal person for an offence committed by the representative of that legal person – Parallel criminal proceedings against that representative that have not been concluded – Proportionality
Request for a preliminary ruling from the Okrazhen sad - Burgas
Language of the case: Bulgarian
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Opinion of Advocate General Pikamäe delivered on 9 June 2022
ECLI:EU:C:2022:454 |
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Judgment of the Court (Fourth Chamber) of 10 November 2022
ECLI:EU:C:2022:865 |
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Case C-278/21 Dansk Akvakultur v Miljø- og Fødevareklagenævnet
Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 6(3) – Assessment of a project likely to affect a protected site – Obligation to conduct an assessment – Continuation of the economic activity of an operation already authorised at the planning stage, under unchanged conditions, where authorisation has been granted following an incomplete assessment
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
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Opinion of Advocate General Kokott delivered on 12 May 2022
ECLI:EU:C:2022:383 |
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Judgment of the Court (Second Chamber) of 10 November 2022
ECLI:EU:C:2022:864 |
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Case C-385/21 Zenith Media Communications v Consiliul Concurenţei
Reference for a preliminary ruling – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Penalty imposed by the national competition authority – Determination of the amount of the fine – Consideration of turnover in the profit and loss account – Request for the national competition authority to take into account a different turnover – Refusal by the Competition Council – Real situation of the undertaking concerned – Principle of proportionality
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
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Judgment of the Court (Fifth Chamber) of 10 November 2022
ECLI:EU:C:2022:866 |
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Case C-414/21 VP CAPITAL v Belgische Staat
Reference for a preliminary ruling – Freedom of establishment – Article 49 and 54 TFEU – Transfer of a company’s registered office to a Member State other than that in which it was incorporated – Recovery of write-downs recorded prior to the transfer – Exemption – Comparability of situations
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
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Judgment of the Court (Ninth Chamber) of 10 November 2022
ECLI:EU:C:2022:871 |
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Case C-486/21 SHARENGO v Mestna občina Ljubljana
Reference for a preliminary ruling – Public system for the rental and shared use of electric cars – Distinction between the concepts of ‘services concessions’ and ‘public supply contracts’ – Directive 2014/23/EU – Article 5(1)(b) – Article 20(4) – Concept of ‘mixed contracts’ – Article 8 – Determining the value of a services concession – Criteria – Article 27 – Article 38 – Directive 2014/24/EU – Article 2(1), points 5 and 8 – Implementing Regulation (EU) 2015/1986 – Annex XXI – Possibility of imposing a condition concerning the registration of a specific professional activity under national law – Impossibility of imposing that condition on all members of a temporary business association – Regulation (EC) No 2195/2002 – Article 1(1) – Obligation to refer exclusively to the ‘Common Procurement Vocabulary’ in concession documents – Regulation (EC) No 1893/2006 – Article 1(2) – Impossibility of referring to the ‘NACE Rev. 2’ nomenclature in the concession documents
Request for a preliminary ruling from the Državna revizijska komisija za revizijo postopkov oddaje javnih naročil
Language of the case: Slovene
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Judgment of the Court (Eighth Chamber) of 10 November 2022
ECLI:EU:C:2022:868 |
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Case C-494/21 Eircom v Commission for Communications Regulation
Reference for a preliminary ruling – Electronic communications networks and services – Universal service and users’ rights – Directive 2002/22/EC (Universal Service Directive) – Article 12 – Costing and financing of universal service obligations – Single universal service provider and multiple telecommunications services providers operating in the market – Determination as to whether an unfair burden exists
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
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Judgment of the Court (Fifth Chamber) of 10 November 2022
ECLI:EU:C:2022:867 |
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Case C-631/21 Taxi Horn Tours v gemeente Weert and Others
Reference for a preliminary ruling – Procedures for the award of public works contracts, public supply contracts and public service contracts – Directive 2014/24/EU – Award of contracts – Article 2(1)(10) – Concept of an ‘economic operator’ – Inclusion of a general partnership without legal personality – Article 19(2) and Article 63 – Joint undertaking or reliance on the capacities of other entities of persons linked with that undertaking – Article 59(1) – Obligation to submit one or several European Single Procurement Documents (ESPD) – Purpose of the ESPD
Request for a preliminary ruling from the Gerechtshof 's-Hertogenbosch
Language of the case: Dutch
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Judgment of the Court (Eighth Chamber) of 10 November 2022
ECLI:EU:C:2022:869 |
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Case C-646/20 Senatsverwaltung für Inneres und Sport, Standesamtsaufsicht v TB
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility – Divorce – Regulation (EC) No 2201/2003 – Article 2(4) and Article 21 – Concept of ‘judgment’ – Recognition, in a Member State, of the dissolution of a marriage agreed in an agreement between spouses and pronounced by a civil registrar of another Member State – Criterion for determining the existence of a ‘judgment’
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Collins delivered on 5 May 2022
ECLI:EU:C:2022:357 |
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Judgment of the Court (Grand Chamber) of 15 November 2022
ECLI:EU:C:2022:879 |
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Case C-260/21 Corporate Commercial Bank v Elit Petrol
Reference for a preliminary ruling – Article 53(2) and Articles 94 and 99 of the Rules of Procedure of the Court of Justice – Insolvency proceedings – Mutual set-offs with an insolvent credit institution – Retroactive amendment to the conditions for the enforcement of those set-offs – National legislation declared unconstitutional – Purely internal situation – Manifest inadmissibility
Request for a preliminary ruling from the Okrazhen sad - Vidin
Language of the case: Bulgarian
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Order of the Court (Ninth Chamber) of 15 November 2022
ECLI:EU:C:2022:881 |
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Case C-337/22 P EUIPO v Nowhere
Appeal – EU trade mark – Determination as to whether appeals may proceed – Article 170b of the Rules of Procedure of the Court – Request demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal allowed to proceed
Language of the case: English
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Order of the Court (Chambre determining whether appeals should proceed) of 16 November 2022
ECLI:EU:C:2022:908 |
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Case C-147/20 Novartis Pharma v Abacus Medicine
Reference for a preliminary ruling – Intellectual property – EU trade mark – Regulation (EU) 2017/1001 – Article 9(2) – Rights conferred by a mark – Article 15 – Exhaustion of the rights conferred by a trade mark – Parallel import of medicinal products – Repackaging of the product bearing the mark – New outer packaging – Opposition by the proprietor of the mark – Artificial partitioning of the markets between Member States – Medicinal products for human use – Directive 2001/83/EC – Article 47a – Safety features – Replacement – Equivalent features – Delegated Regulation (EU) 2016/161 – Article 3(2) – Anti-tampering device – Unique identifier
Request for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 13 January 2022
ECLI:EU:C:2022:28 |
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Judgment of the Court (Fifth Chamber) of 17 November 2022
ECLI:EU:C:2022:891 |
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Case C-204/20 Bayer Intellectual Property v kohlpharma
Reference for a preliminary ruling – Intellectual property – Trade marks – Directive (EU) 2015/2436 – Approximation of the laws of the Member States relating to trade marks – Article 10(2) – Rights conferred by a trade mark – Article 15 – Exhaustion of the rights conferred by a trade mark – Parallel import of medicinal products – Repackaging of the product bearing the mark – New outer packaging – Opposition by the proprietor of the mark – Artificial partitioning of the markets between Member States – Medicinal products for human use – Directive 2001/83/EC – Article 47a – Safety features – Replacement – Equivalent features – Delegated Regulation (EU) 2016/161 – Article 3(2) – Anti-tampering device – Unique identifier
Request for a preliminary ruling from the Landgericht Hamburg
Language of the case: German
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Judgment of the Court (Fifth Chamber) of 17 November 2022
ECLI:EU:C:2022:892 |
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Case C-224/20 Merck Sharp & Dohme and Others v Abacus Medicine and Others
Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Intellectual property – Trade marks – Regulation (EU) 2017/1001 – EU trade mark – Article 9(2) – Article 15 – Directive (EU) 2015/2436 – Approximation of the laws of the Member States relating to trade marks – Article 10(2) – Article 15 – Rights conferred by a trade mark – Exhaustion of the rights conferred by a trade mark – Parallel import of medicinal products – Repackaging of the product bearing the mark – New outer packaging – Replacement of the trade mark appearing on the original outer packaging by another product name – Reaffixing of the trade mark of the proprietor specific to the product, to the exclusion of the other distinctive marks or signs appearing on that original outer packaging – Opposition by the proprietor of the mark – Artificial partitioning of the markets between Member States – Medicinal products for human use – Directive 2001/83/EC – Article 47a – Safety features – Replacement – Equivalent features – Delegated Regulation (EU) 2016/161 – Article 3(2) – Anti-tampering device
Request for a preliminary ruling from the Sø- og Handelsretten
Language of the case: Danish
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Judgment of the Court (Fifth Chamber) of 17 November 2022
ECLI:EU:C:2022:893 |
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Joined Cases C-253/20 and C-254/20 Impexeco and PI Pharma v Novartis and Novartis Pharma
References for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Intellectual property – Trade marks – Regulation (EC) No 207/2009 – Article 9(2) – Article 13 – Directive 2008/95 – Article 5(1) – Article 7 – Rights conferred by a trade mark – Exhaustion of the rights conferred by a trade mark – Parallel imports of medicinal products – Reference medicinal product and generic medicinal product – Economically linked undertakings – Repackaging of the generic medicinal product – New outer packaging – Affixing the trade mark of the reference medicinal product – Opposition by the proprietor of the trade mark – Artificial partitioning of the markets between the Member States
Requests for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
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Opinion of Advocate General Szpunar delivered on 13 January 2022
ECLI:EU:C:2022:27 |
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Judgment of the Court (Fifth Chamber) of 17 November 2022
ECLI:EU:C:2022:894 |
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Joined Cases C-331/20 P and C-343/20 P Volotea and easyJet v Commission
Appeal – State aid – Article 107(1) TFEU – European Commission decision on compensation to Sardinian airports for public service obligations – Existence of unlawful State aid incompatible with the internal market, granted by the Italian Republic to airlines through airport operators – Concept of ‘State aid’ – Proof of the existence of an advantage – Determination of the amount – Market economy operator principle – Applicability and application – Test of the private acquirer of goods or services – Conditions – Burden of proof
Language of the case: English
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Opinion of Advocate General Ćapeta delivered on 7 April 2022
ECLI:EU:C:2022:283 |
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Judgment of the Court (Second Chamber) of 17 November 2022
ECLI:EU:C:2022:886 |
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Case C-562/20 Rodl & Partner v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Prevention of the use of the financial system for the purpose of money laundering and terrorist financing – Directive (EU) 2015/849 – Article 18(1) and (3) – Annex III, point 3(b) – Risk-based approach – Risk assessment conducted by obliged entities – Identification of risks by Member States and obliged entities – Customer due diligence measures – Enhanced due diligence measures – High-corruption-risk third countries – Article 13(1)(c) and (d) – Evidence and documentation requirements imposed on obliged entities – Article 14(5) – Ongoing customer monitoring imposed on obliged entities – Publication of decisions imposing a sanction
Request for a preliminary ruling from the Administratīvā rajona tiesa
Language of the case: Latvian
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Opinion of Advocate General Pitruzzella delivered on 12 May 2022
ECLI:EU:C:2022:381 |
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Judgment of the Court (First Chamber) of 17 November 2022
ECLI:EU:C:2022:883 |
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Case C-607/20 GE Aircraft Engine Services v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 26(1)(b) – Supply of services free of charge – Award of retail vouchers free of charge to staff of the taxable person’s business as part of an employee recognition and reward scheme – Transactions treated as supplies of services for consideration – Scope – Principle of fiscal neutrality
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
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Opinion of Advocate General Ćapeta delivered on 27 January 2022
ECLI:EU:C:2022:63 |
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Judgment of the Court (First Chamber) of 17 November 2022
ECLI:EU:C:2022:884 |
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Case C-54/21 Antea Polsk and Others v Państwowe Gospodarstwo Wodne Wo dy Polskie
Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Principles of awarding contracts – Article 18 – Transparency – Article 21 – Confidentiality – Insertion of those principles in the national legislation – Right of access to the essential content of the information provided by tenderers concerning their experience and references, concerning the persons proposed to carry out the contract and concerning the design of the proposed projects and the manner of performance – Article 67 – Contract award criteria – Criteria relating to the quality of the proposed work or services – Requirement of precision – Directive 89/665/EEC – Article 1(1) and (3) – Right to an effective remedy – Remedy in the event of infringement of that right on account of the refusal to grant access to non-confidential information
Request for a preliminary ruling from the Krajowa Izba Odwoławcza
Language of the case: Polish
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 12 May 2022
ECLI:EU:C:2022:385 |
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Judgment of the Court (Fourth Chamber) of 17 November 2022
ECLI:EU:C:2022:888 |
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Case C-175/21 Harman International Industries v AB
Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Intellectual property – EU trade mark – Regulation (EU) 2017/1001 – Article 15 – Exhaustion of the rights conferred by a trade mark – Placing on the market within the European Economic Area (EEA) – Consent of the proprietor of the trade mark – Place of first marketing of products by the proprietor of the trade mark or with its consent – Proof – Directive 2004/48/EC – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Operative part of judicial decisions not identifying the products covered – Difficulties in implementation – Restricted scope of action before the competent court for enforcement – Fair trial – Rights of the defence – Principle of the equality of arms
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
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Opinion of Advocate General Pitruzzella delivered on 16 June 2022
ECLI:EU:C:2022:481 |
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Judgment of the Court (Fifth Chamber) of 17 November 2022
ECLI:EU:C:2022:895 |
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Case C-230/21 X v Belgische Staat (Married refugee minor)
Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Directive 2003/86/EC – Article 2(f) – Article 10(3)(a) – Concept of ‘unaccompanied minor’ – Right to family reunification – Refugee minor who is married at the time of her entry into the territory of a Member State – Child marriage not recognised in that Member State – Cohabitation with the spouse lawfully residing in that Member State
Request for a preliminary ruling from the Raad voor Vreemdelingenbetwistingen
Language of the case: Dutch
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Opinion of Advocate General Szpunar delivered on 16 June 2022
ECLI:EU:C:2022:477 |
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Judgment of the Court (Third Chamber) of 17 November 2022
ECLI:EU:C:2022:887 |
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Case C-238/21 Porr Bau v Bezirkshauptmannschaft Graz-Umgebung
Reference for a preliminary ruling – Environment – Waste – Directive 2008/98/EC – Point 1 of Article 3 – Article 5(1) – Article 6(1) – Excavated materials – Concepts of ‘waste’ and of ‘by-product’ – Cessation of waste status
Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark
Language of the case: German
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Opinion of Advocate General Medina delivered on 22 June 2022
ECLI:EU:C:2022:497 |
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Judgment of the Court (First Chamber) of 17 November 2022
ECLI:EU:C:2022:885 |
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Case C-243/21 'TOYA' sp. z o.o. and Polska Izba Informatyki i Telekomunikacji v Prezes Urzędu Komunikacji Elektronicznej
References for a preliminary ruling – Telecommunications – Directive 2002/19/EC (the Access Directive) – Article 8(3) – Directive 2014/61/EU – Article 1(3) and (4), and Article 3(5) – Power of the national regulatory authority to impose ex ante regulatory conditions relating to access to the physical infrastructure of a network operator not having significant market power – No dispute relating to access
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
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Opinion of Advocate General Collins delivered on 9 June 2022
ECLI:EU:C:2022:455 |
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Judgment of the Court (Fourth Chamber) of 17 November 2022
ECLI:EU:C:2022:889 |
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Case C-304/21 VT v Ministero dell'Interno and Ministero dell'interno - Dipartimento della Pubblica Sicurezza - Direzione centrale per le risorse umane (Age limit for the recruitment of police officers)
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Article 21 of the Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Article 2(2), Article 4(1) and Article 6(1) – Prohibition of discrimination on grounds of age – National legislation fixing a maximum age limit of 30 years for the recruitment of police commissioners – Justifications
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Seventh Chamber) of 17 November 2022
ECLI:EU:C:2022:897 |
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Case C-443/21 Avicarvil Farms v Ministerul Agriculturii şi Dezvoltării Rurale and Others
Reference for a preliminary ruling – Common agricultural policy (CAP) – European Agricultural Fund for Rural Development (EAFRD) – Regulation (EC) No 1698/2005 – Article 40 – National rural development programme 2007-2013 – Animal welfare payments – Calculation errors – Reductions in payments by the national authorities – Principle of the protection of legitimate expectations – Principle of legal certainty
Request for a preliminary ruling from the Curtea de Apel Piteşti
Language of the case: Romanian
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Judgment of the Court (Tenth Chamber) of 17 November 2022
ECLI:EU:C:2022:899 |
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Case C-24/20 Commission v Council (Accession to the Geneva Act)
Action for annulment – Council Decision (EU) 2019/1754 – Accession of the European Union to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications – Article 3(1) TFEU – Exclusive competence of the European Union – Article 207 TFEU – Common commercial policy – Commercial aspects of intellectual property – Article 218(6) TFEU – Right of initiative of the European Commission – Modification by the Council of the European Union of the proposal from the Commission – Article 293(1) TFEU – Applicability – Article 4(3), Article 13(2) and Article 17(2) TEU – Article 2(1) TFEU – Principles of conferral of powers, of institutional balance and of sincere cooperation
Language of the case: English
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Opinion of Advocate General Szpunar delivered on 19 May 2022
ECLI:EU:C:2022:404 |
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Judgment of the Court (Grand Chamber) of 22 November 2022
ECLI:EU:C:2022:911 |
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Joined Cases C-37/20 and C-601/20 WM and Sovim v Luxembourg Business Registers
Reference for a preliminary ruling – Prevention of the use of the financial system for the purposes of money laundering or terrorist financing – Directive (EU) 2018/843 amending Directive (EU) 2015/849 – Amendment to Article 30(5), first subparagraph, point (c), of Directive 2015/849 – Access for any member of the general public to the information on beneficial ownership – Validity – Articles 7 and 8 of the Charter of Fundamental Rights of the European Union – Respect for private and family life – Protection of personal data
Requests for a preliminary ruling from the Tribunal d'arrondissement de Luxembourg
Language of the case: French
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Opinion of Advocate General Pitruzzella delivered on 20 January 2022
ECLI:EU:C:2022:43 |
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Judgment of the Court (Grand Chamber) of 22 November 2022
ECLI:EU:C:2022:912 |
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Case C-69/21 X v Staatssecretaris van Justitie en Veiligheid (Removal – Medicinal cannabis)
Reference for a preliminary ruling – Area of freedom, security and justice – Articles 4, 7 and 19 of the Charter of Fundamental Rights of the European Union – Prohibition of inhuman or degrading treatment – Respect for private and family life – Protection in the event of removal, expulsion or extradition – Right of residence on medical grounds – Common standards and procedures in Member States for returning illegally staying third-country nationals – Directive 2008/115/EC – Third-country national who is suffering from a serious illness – Medical treatment for pain relief – Treatment is not available in the country of origin – Conditions under which removal must be postponed
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats 's-Hertogenbosch
Language of the case: Dutch
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Opinion of Advocate General Pikamäe delivered on 9 June 2022
ECLI:EU:C:2022:451 |
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Judgment of the Court (Grand Chamber) of 22 November 2022
ECLI:EU:C:2022:913 |
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Cases C-478/22 P(R) Telefónica de España v Commission
Appeal – Interim relief – Public procurement – Tendering procedure – Application for suspension of operation of a measure – Urgency – Criteria for assessing the condition relating to urgency – Pre-contractual period – Waiting period
Language of the case: English
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Rectification order of 6 December 2022
ECLI:EU:C:2022:961 |
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Order of the Vice-President of the Court of 22 November 2022
ECLI:EU:C:2022:914 |
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Case C-638/20 MCM v Centrala studiestödsnämnden (Student financial aid for studies abroad)
Reference for a preliminary ruling – Freedom of movement for persons – Article 45 TFEU – Equal treatment – Social advantages – Regulation (EU) No 492/2011 – Article 7(2) – Financial aid for higher education studies in another Member State – Residence requirement – Alternative requirement of social integration for non-resident students – Situation of a student who is a national of the State granting the aid, residing since birth in the State of studies
Request for a preliminary ruling from the Överklagandenämnden för studiestöd
Language of the case: Swedish
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Opinion of Advocate General Medina delivered on 7 April 2022
ECLI:EU:C:2022:285 |
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Judgment of the Court (Second Chamber) of 24 November 2022
ECLI:EU:C:2022:916 |
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Case C-259/21 Parliament v Council (Technical measures relating to fishing opportunities)
Action for annulment – Common fisheries policy – Regulation (EU) 2021/92 – Fixing for 2021 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters – Conservation of fishery resources and protection of marine ecosystems through technical measures – Articles 15 to 17 and 20 and the second paragraph of Article 59 – Article 43(3) TFEU – Misuse of powers – Principle of sincere cooperation
Language of the case: French
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Opinion of Advocate General Emiliou delivered on 22 June 2022
ECLI:EU:C:2022:498 |
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Judgment of the Court (Third Chamber) of 24 November 2022
ECLI:EU:C:2022:917 |
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Case C-289/21 IG v Varhoven administrativen sad (Repeal of the disputed provision)
Reference for a preliminary ruling – Article 47 of the Charter of Fundamental Rights of the European Union Effective judicial protection – National procedural rule providing that an action seeking to dispute the compatibility of a national provision with EU law is devoid of purpose where the provision is repealed in the course of proceedings
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 16 June 2022
ECLI:EU:C:2022:482 |
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Judgment of the Court (Fifth Chamber) of 24 November 2022
ECLI:EU:C:2022:920 |
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Case C-296/21 Proceedings brought by A (Circulation of deactivated firearms)
Reference for a preliminary ruling – Control of the acquisition and possession of weapons – Directive 91/477/EEC – Annex I, Part III – Deactivation standards and techniques – Implementing Regulation (EU) 2015/2403 – Verification and certification of deactivation of firearms – Article 3 – Verifying entity approved by a national authority – Issuance of a deactivation certificate – Entity not included on the list published by the European Commission – Transfer of deactivated firearms within the European Union – Article 7 – Mutual recognition
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 7 July 2022
ECLI:EU:C:2022:538 |
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Judgment of the Court (Third Chamber) of 24 November 2022
ECLI:EU:C:2022:918 |
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Case C-302/21 Casilda v Banco Cetelem
Reference for a preliminary ruling – Dispute in the main proceedings which has become devoid of purpose – No need to adjudicate
Request for a preliminary ruling from the Juzgado de Primera Instancia de Castellón de la Plana
Language of the case: Spanish
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Judgment of the Court (Fourth Chamber) of 24 November 2022
ECLI:EU:C:2022:919 |
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Case C-358/21 Tilman v Unilever Supply Chain Company
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Lugano II Convention – Jurisdiction clause – Formal requirements – Clause included in the general terms and conditions – General terms and conditions which may be viewed and printed from a hypertext link mentioned in a contract concluded in writing – Consent of the parties
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
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Judgment of the Court (Seventh Chamber) of 24 November 2022
ECLI:EU:C:2022:923 |
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Case C-458/21 CIG Pannónia Életbiztosító v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(c) – Exemptions for certain activities in the public interest – Provision of medical care in the exercise of the medical and paramedical professions – Service used by an insurance company to review the accuracy of a diagnosis of serious illness and find and provide the best possible care and treatment abroad
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
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Judgment of the Court (Eighth Chamber) of 24 November 2022
ECLI:EU:C:2022:924 |
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Case C-596/21 A v Finanzamt M (Scope of the right to deduct VAT)
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Articles 167 and 168 – Right to deduct input VAT – Principle of prohibition of fraud – Chain of supply – Refusal of the right to deduct in the case of fraud – Taxable person – Second purchaser of goods – Fraud affecting part of the VAT due in respect of the first purchase – Scope of the refusal of the right to deduction
Request for a preliminary ruling from the Finanzgericht Nürnberg
Language of the case: German
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Judgment of the Court (Fifth Chamber) of 24 November 2022
ECLI:EU:C:2022:921 |
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Case C-658/21 Belplant v Vlaams Gewest
Reference for a preliminary ruling – Procedure for the provision of information in the field of technical regulations and of rules on Information Society services – Directive (EU) 2015/1535 – Concept of ‘technical regulation’ – Article 1(1) – National legislation prohibiting individuals from using pesticides containing glyphosate on land in private use – Article 5(1) – Obligation on Member States to communicate to the European Commission any draft technical regulation
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Judgment of the Court (Eighth Chamber) of 24 November 2022
ECLI:EU:C:2022:925 |
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Case C-691/21 Cafpi and Aviva assurances v Enedis
Reference for a preliminary ruling – Directive 85/374/EEC – Article 3 – Liability for defective products – Meaning of ‘producer’ – Operator of an electricity distribution network changing the electricity voltage level for distribution
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
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Judgment of the Court (Tenth Chamber) of 24 November 2022
ECLI:EU:C:2022:926 |
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Information (on unpublished decisions)
Case C-405/22 P Mandelay Magyarország Kereskedelmi v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 8 November 2022 ECLI:EU:C:2022:860 |
Case C-243/22 Criminal proceedings against AB (Lowseverity offence)
Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Scope – Article 49 – Principles of legality and proportionality of criminal offences and penalties – Exclusion of the criminal liability of the infringement on account of its lack of a particularly serious nature – National case-law prohibiting the application of a national rule before the Magistrate – Lack of connection to EU law – Clear lack of jurisdiction of the Court
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Order of the Court (Ninth Chamber) of 9 November 2022 ECLI:EU:C:2022:877 |
Case C-442/21 P ITD and Danske Fragtmænd v Commission
Appeal – State aid – Postal sector – Compensation for the discharge of a universal service obligation – Calculation – Net avoided cost methodology – Taking into account the intangible benefits of the universal service – Use of funds granted as compensation – Guarantee covering the redundancy costs of a certain category of employee in the event of insolvency of the universal service provider – Accounting allocation of common costs between universal service activities and non-universal service activities – Decision declaring the aid compatible with the internal market
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Judgment of the Court (Tenth Chamber) of 10 November 2022 ECLI:EU:C:2022:872 |
Case C-702/21 P Laboratoire Pareva v Commission
Appeal – Biocidal products – Regulation (EU) No 528/2012 – Delegated Regulation (EU) No 1062/2014 – Active substance PHMB (1415; 4.7) – Refusal of approval as an existing active substance for use in biocidal products of product-types 1, 5 and 6 – Approval as an existing active substance for use in biocidal products of product-types 2 and 4 – Teratogenic effect – Human health risk assessment
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Judgment of the Court (Eighth Chamber) of 10 November 2022 ECLI:EU:C:2022:870 |
Case C-410/20 INT J.A.C. and M.C.P.R.
Application for interpretation – Inadmissibility
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Order of the Court (Eighth Chamber) of 14 November 2022 ECLI:EU:C:2022:906 |
Case C-669/21 Gencoal v Conceito Norte – Consultadoria de Gestão and BT
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to present the factual and regulatory context of the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling – Absence of sufficient information – Manifest inadmissibility
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Order of the Court (Tenth Chamber) of 14 November 2022 ECLI:EU:C:2022:907 |
Case C-350/21 Proceedings brought by Spetsializirana prokuratura (Retention of traffic and location data)
Reference for a preliminary ruling – Processing of personal data in the electronic communication sector – Confidentiality of communications – Providers of electronic communications services – General and indiscriminate retention of traffic and location data for a period of six months – Combatting serious crime – Access to the retained data – Informing data subjects – Right to bring an action – Directive 2002/58/EC – Article 15(1) and (2) – Directive (EU) 2016/680 – Articles 13 and 54 – Charter of Fundamental Rights of the European Union – Articles 7, 8, 11 and 47 and Article 52(1)
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Judgment of the Court (Sixth Chamber) of 17 November 2022 ECLI:EU:C:2022:896 |
Case C-569/21 Ministero dell'Interno and Presidenza del Consiglio dei ministri v PF (Age limit for recruiting police psychologists)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Social policy – Equal treatment in employment and occupation – Article 21 of the Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Article 2(2), Article 4(1) and Article 6(1) – Prohibition of discrimination on grounds of age – National legislation fixing a maximum age limit of 30 years for the recruitment of technical psychologist commissioners – Justification
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Order of the Court (Seventh Chamber) of 17 November 2022 ECLI:EU:C:2022:910 |
Case C-578/21 P Irish Wind Farmers' Association and Others v Commission
Appeal – State aid – Article 107(1) TFEU – Article 108(2) and (3) TFEU – Regulation (EU) 2015/1589 – Article 4 – Member State legislation on business property taxation – Methods for valuation of property used to calculate the basis of assessment of the rate payable – Complaint from wind farm operators – Allegation of an under-assessment of the basis of assessment for the business rate payable by fossil fuel electricity producers and, consequently, of a level of business rate of those electricity generators lower than that of other electricity producers due to the choice of valuation method used – Preliminary examination procedure – Decision finding that there is no State aid – No economic and selective advantage – Failure to initiate the formal investigation procedure – Concept of ‘serious difficulties’ – Extent of the European Commission’s investigative duty – Principle of sound administration – Obligation to conduct the investigation procedure diligently and impartially – Scope of review by the General Court of the European Union
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Judgment of the Court (Seventh Chamber) of 17 November 2022 ECLI:EU:C:2022:898 |
Case C-138/22 TD and SD v mBank (Invalidity of unfair and unlawful terms)
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Unfair terms in consumer contracts – Mortgage loan agreement indexed to a foreign currency – Unfair terms – Invalidity of the contract on account of the inclusion of unfair or unlawful terms – Choice of the consumer – Interpretation of national law – Clear lack of jurisdiction
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Order of the Court (Ninth Chamber) of 18 November 2022 ECLI:EU:C:2022:915 |
Case C-317/22 P Aziz v EEAS
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Access to documents – Regulation (EC) No 1049/2001 – Documents allegedly held by the European External Action Service (EEAS) – Action directed against the express rejection of the request for access to documents – Admissibility – Article 76(d) of the Rules of Procedure of the General Court – Sufficiently clear and precise statement of the pleas in law relied on – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Tenth Chamber) of 19 November 2022 ECLI:EU:C:2022:1007 |
Case C-236/22 P Sołowicz v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for annulment – Failure to comply with procedural requirements – Dismissal of the action as manifestly inadmissible – Appeal manifestly inadmissible
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Order of the Court (Seventh Chamber) of 23 November 2022 ECLI:EU:C:2022:934 |
Case C-90/21 P Thunus and Others v EIB
Appeal – Civil service – Staff of the European Investment Bank (EIB) – Remuneration – Annual salary adjustment ‐ Action for annulment and damages
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Judgment of the Court (Tenth Chamber) of 24 November 2022 ECLI:EU:C:2022:927 |
Case C-91/21 P Thunus and Others v EIB
Appeal – Civil service – Staff of the European Investment Bank (EIB) – Remuneration – Annual salary adjustment ‐ Action for annulment and damages
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Judgment of the Court (Tenth Chamber) of 24 November 2022 ECLI:EU:C:2022:928 |
Case C-166/21 Commission v Poland (Exemption from excise duty for alcohol used for the production of medicines)
Failure of a Member State to fulfil obligations – Excise duties on alcohol and alcoholic beverages – Directive 92/83/EEC – Exemption from harmonised excise duty – Ethyl alcohol used for the production of medicines – Article 27(1)(d) – Exemption conditional on placing the alcohol under a duty suspension arrangement – No facility to obtain a refund of the excise duty paid – Principle of proportionality
Case C-295/22 P Novais v Portugal
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Article 265 TFEU – Action for failure to act brought against a national court or tribunal – Manifest lack of jurisdiction of the General Court of the European Union – Appeal manifestly unfounded
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Order of the Court (Sixth Chamber) of 24 November 2022 ECLI:EU:C:2022:937 |
Case C-577/22 P Munich v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 29 November 2022 ECLI:EU:C:2022:940 |
Case C-617/22 P(I) Euranimi v EAA and Commission
Appeal – Intervention – Admissibility of the appeal – Appeal under Article 56 of the Statute of the Court of Justice of the European Union – Appeal brought out of time
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Order of the Vice-President of the Court of 30 November 2022 ECLI:EU:C:2022:941 |
Case C-618/22 P(I) Euranimi v EAA and Commission
Appeal – Intervention – Admissibility of the appeal – Appeal under Article 56 of the Statute of the Court of Justice of the European Union – Appeal brought out of time
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Order of the Vice-President of the Court of 30 November 2022 ECLI:EU:C:2022:942 |
December 2022
Case C-141/20 Finanzamt Kiel v Norddeutsche Gesellschaft für Diakonie
Reference for a preliminary ruling – Value added tax (VAT) – Sixth Directive 77/388/EEC – Second subparagraph of Article 4(4) – Taxable persons – Option for Member States to treat as a single taxable person entities that are legally independent but closely bound to one another by financial, economic and organisational links (‘VAT group’) – National legislation designating the controlling company of a VAT group as a single taxable person – Concept of ‘close financial links’ – No need for the controlling company to have a majority of voting rights as well as a majority shareholding – Assessment of the independence of an economic entity in the light of standardised criteria – Scope
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Opinion of Advocate General Medina delivered on 13 January 2022
ECLI:EU:C:2022:11 |
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Judgment of the Court (First Chamber) of 1 December 2022
ECLI:EU:C:2022:943 |
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Case C-269/20 Finanzamt T v S (Internal supplies within a VAT group)
Reference for a preliminary ruling – Value added tax (VAT) – Sixth Directive 77/388/EEC – Second subparagraph of Article 4(4) – Taxable persons – Option for Member States to treat as a single taxable person persons who are legally independent but closely bound to one another by financial, economic and organisational links (‘VAT group’) – National legislation designating the controlling company of a VAT group as a single taxable person – Internal supplies within the VAT group – Article 6(2)(b) – Supplies of services provided free of charge – Concept of ‘purposes other than those of the business’
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Opinion of Advocate General Medina delivered on 27 January 2022
ECLI:EU:C:2022:60 |
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Judgment of the Court (First Chamber) of 1 December 2022
ECLI:EU:C:2022:944 |
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Case C-370/21 DOMUS-SOFTWARE v Marc Braschoß Immobilien
Reference for a preliminary ruling – Directive 2011/7/EU – Combating late payment in commercial transactions – Compensation for recovery costs incurred by the creditor due to late payment by the debtor – Article 6 – Fixed minimum sum of EUR 40 – Several late payments for periodic supplies of goods or services under a single contract
Request for a preliminary ruling from the Landgericht München I
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 1 December 2022
ECLI:EU:C:2022:947 |
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Case C-409/21 DELID v Izpalnitelen direktor na Darzhaven fond „Zemedelie“
Reference for a preliminary ruling – Common agricultural policy (CAP) – European Agricultural Fund for Rural Development (EAFRD) funding – Regulation (EU) No 1305/2013 – Investment support – National legislation making the grant of the support conditional upon the person applying for support submitting a certificate of registration of a livestock facility in that person’s name and showing that, on the date of submission of the application, the output of that person’s agricultural holding is equivalent to at least EUR 8 000
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Judgment of the Court (Seventh Chamber) of 1 December 2022
ECLI:EU:C:2022:946 |
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Case C-419/21 X v Z (Deliveries of medical products)
Reference for a preliminary ruling – Directive 2011/7/EU – Combating late payment in commercial transactions – Article 2(1) – Concept of ‘commercial transactions’ – Compensation for recovery costs incurred by the creditor due to late payment by the debtor – Article 6 – Fixed minimum sum of EUR 40 – Several late payments for supplies of goods or services under a single contract
Request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie
Language of the case: Polish
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Judgment of the Court (Eighth Chamber) of 1 December 2022
ECLI:EU:C:2022:948 |
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Case C-512/21 Aquila Part Prod Com v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 168 – Right to deduct VAT – Principles of fiscal neutrality, effectiveness and proportionality – Evasion – Proof – Duty of diligence on the part of the taxable person – Taking into account of a breach of obligations arising from national provisions and from EU law relating to the safety of the food supply chain – Authority granted by the taxable person to a third party to carry out the taxable transactions – Charter of Fundamental Rights of the European Union – Article 47 – Right to a fair hearing
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Judgment of the Court (Tenth Chamber) of 1 December 2022
ECLI:EU:C:2022:950 |
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Case C-564/21 BU v Bundesrepublik Deutschland (Access to the file in asylum cases)
Reference for a preliminary ruling – Fundamental rights – Right to an effective remedy – Article 47 of the Charter of Fundamental Rights of the European Union – Asylum policy – Directive 2013/32/EU – Article 11(1), Article 23(1) and Article 46(1) and (3) – Access to information in the applicant’s file – Completeness of the file – Metadata – Communication of that file in the form of individual unstructured electronic files – Information in writing – Digitised copy of the decision bearing a handwritten signature – Keeping of the electronic file without archiving a paper file
Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden
Language of the case: German
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Judgment of the Court (Tenth Chamber) of 1 December 2022
ECLI:EU:C:2022:951 |
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Case C-595/21 LSI - Germany v Freistaat Bayern
Reference for a preliminary ruling – Consumer protection – Provision of food information to consumers – Regulation (EU) No 1169/2011 – Article 17 and point 4 of Part A of Annex VI – ‘Name of the food’ – ‘Name of the product’ – Mandatory particulars in food labelling – Component or ingredient used for the partial or whole substitution of the component or ingredient which consumers expect to see normally used or present in a food
Request for a preliminary ruling from the Bayerisches Verwaltungsgericht Ansbach
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 1 December 2022
ECLI:EU:C:2022:949 |
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Case C-229/22 NC v Compania Naţională de Transporturi Aeriene Tarom
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Article 5(1)(c)(iii) – Compensation and assistance to passengers – Cancellation of a flight – Right to compensation in the case of an offer of re-routing – Conditions – Divergence between different language versions of a provision of EU law – Re-routing allowing passengers to depart no more than one hour before their scheduled time of departure
Request for a preliminary ruling from the Tribunalul Specializat Cluj
Language of the case: Romanian
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Order of the Court (Eighth Chamber) of 2 December 2022
ECLI:EU:C:2022:978 |
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Case C-460/20 TU and RE v Google (De-referencing of allegedly false information)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Directive 95/46/EC – Article 12(b) – Point (a) of the first paragraph of Article 14 – Regulation (EU) 2016/679 – Article 17(3)(a) – Operator of an internet search engine – Research carried out on the basis of a person’s name – Displaying a link to articles containing allegedly inaccurate information in the list of search results – Displaying, in the form of thumbnails, photographs illustrating those articles in the list of results of an image search – Request for de-referencing made to the operator of the search engine – Weighing-up of fundamental rights – Articles 7, 8, 11 and 16 of the Charter of Fundamental Rights of the European Union – Obligations and responsibilities of the operator of the search engine in respect of processing a request for de-referencing – Burden of proof on the person requesting de-referencing
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Pitruzzella delivered on 7 April 2022
ECLI:EU:C:2022:271 |
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Judgment of the Court (Grand Chamber) of 8 December 2022
ECLI:EU:C:2022:962 |
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Case C-694/20 Orde van Vlaamse Balies and Others v Vlaamse Regering
Reference for a preliminary ruling – Administrative cooperation in the field of taxation – Mandatory automatic exchange of information in relation to reportable cross-border arrangements – Directive 2011/16/EU, as amended by Directive (EU) 2018/822 – Article 8ab(5) – Validity – Legal professional privilege of the lawyer – Exemption from the reporting obligation for the benefit of lawyer-intermediaries subject to legal professional privilege – Obligation on that lawyer-intermediary to notify any other intermediary who is not his or her client of that intermediary’s reporting obligations – Articles 7 and 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Grondwettelijk Hof
Language of the case: Dutch
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Opinion of Advocate General Rantos delivered on 5 April 2022
ECLI:EU:C:2022:259 |
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Judgment of the Court (Grand Chamber) of 8 December 2022
ECLI:EU:C:2022:963 |
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Case C-180/21 VS v Inspektor v Inspektorata kam Visshia sadeben savet (Purposes of the processing of personal data – Criminal investigation)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Articles 2, 4 and 6 – Applicability of Regulation 2016/679 – Concept of ‘legitimate interest’ – Concept of ‘task carried out in the public interest or in the exercise of official authority’ – Directive (EU) 2016/680 – Articles 1, 3, 4, 6 and 9 – Lawfulness of the processing of personal data collected in the course of a criminal investigation – Subsequent processing of data relating to a presumed victim of a criminal offence for the purpose of making a formal accusation in respect of him or her – Concept of purpose ‘other than that for which the personal data are collected’ – Data used by the public prosecutor’s office of a Member State for the purposes of its defence in an action for damages against the State
Request for a preliminary ruling from the Administrativen sad - Blagoevgrad
Language of the case: Bulgarian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 19 May 2022
ECLI:EU:C:2022:406 |
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Judgment of the Court (Fifth Chamber) of 8 December 2022
ECLI:EU:C:2022:967 |
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Case C-247/21 Luxury Trust Automobil v Finanzamt Österreich
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 42(a) – Article 197(1)(c) – Article 226(11a) – Article 141 – Exemption – Triangular transaction – Designation of the final recipient of a supply as being liable for VAT – Invoicing – Reference to ‘Reverse charge’ – Mandatory – Omission of that reference on an invoice – Retroactive correction of the invoice
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Opinion of Advocate General Kokott delivered on 14 July 2022
ECLI:EU:C:2022:588 |
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Judgment of the Court (Eighth Chamber) of 8 December 2022
ECLI:EU:C:2022:966 |
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Case C-348/21 Criminal proceedings against HYA and Others (Impossibility of questioning prosecution witnesses)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/343 – Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings – Article 8(1) – Right of an accused person to be present at the trial – Second paragraph of Article 47 and Article 48(2) of the Charter of Fundamental Rights of the European Union – Right to a fair trial and rights of the defence – Examination of witnesses for the prosecution in the absence of the accused person and his or her lawyer at the pre-trial stage of the criminal proceedings – Impossibility of examining witnesses for the prosecution during the judicial stage of those proceedings – National legislation allowing a criminal court to base its decision on the prior testimony of those witnesses
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
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Opinion of Advocate General Collins delivered on 7 July 2022
ECLI:EU:C:2022:539 |
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Judgment of the Court (Third Chamber) of 8 December 2022
ECLI:EU:C:2022:965 |
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Case C-378/21 P v Finanzamt Österreich (Wrongly invoiced VAT to final consumers)
Reference for a preliminary ruling – Harmonisation of fiscal legislation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 203 – Adjustment of the VAT return – Recipients of services who are not entitled to make deductions – No risk of loss of tax revenue
Request for a preliminary ruling from the Bundesfinanzgericht
Language of the case: German
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Opinion of Advocate General Kokott delivered on 8 September 2022
ECLI:EU:C:2022:657 |
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Judgment of the Court (Seventh Chamber) of 8 December 2022
ECLI:EU:C:2022:968 |
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Case C-600/21 QE v Caisse régionale de Crédit mutuel de Loire-Atlantique et du Centre Ouest
Reference for a preliminary ruling – Consumer protection – Unfair terms in consumer contracts – Directive 93/13/EEC – Article 3(1) – Article 4 – Criteria for assessing whether a term is unfair – Term relating to the accelerated repayment of a loan agreement – Contractual dispensation from the requirement for a formal written demand
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
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Judgment of the Court (Ninth Chamber) of 8 December 2022
ECLI:EU:C:2022:970 |
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Case C-731/21 GV v Caisse nationale d’assurance pension
Reference for a preliminary ruling – Free movement of persons – Article 45 TFEU – Workers – Regulation (EU) No 492/2011 – Article 7(1) and (2) – Equal treatment – Social advantages – Survivor’s pension – Members of a civil partnership – National legislation making the grant of a survivor’s pension conditional upon the entry in the national register of a partnership that was validly concluded and registered in another Member State
Request for a preliminary ruling from the Cour de cassation du Grand-Duché de Luxembourg
Language of the case: French
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Judgment of the Court (Eighth Chamber) of 8 December 2022
ECLI:EU:C:2022:969 |
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Case C-769/21 BTA Baltic Insurance Company v Iepirkumu uzraudzības birojs and Tieslietu ministrija
Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Article 18(1) – Principles of equal treatment, transparency and proportionality – Decision to withdraw an invitation to tender – Tenders submitted separately by two tenderers belonging to the same economic operator and constituting the two most economically advantageous tenders – Refusal of the successful tenderer to sign the contract – Decision of the contracting authority to refuse the tender of the next tenderer, terminate the procedure and issue a new call for tenders
Request for a preliminary ruling from the Administratīvā rajona tiesa
Language of the case: Latvian
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Judgment of the Court (Tenth Chamber) of 8 December 2022
ECLI:EU:C:2022:973 |
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Case C-492/22 PPU CJ (Decision to postpone surrender due to criminal prosecution)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 6(2) – Determination of the competent judicial authorities – Decision to postpone surrender adopted by a body not having the status of executing judicial authority – Article 23 – Expiry of the time limits provided for surrender – Consequences – Article 12 and Article 24(1) – Keeping the requested person in detention for the purposes of criminal proceedings in the executing Member State – Articles 6, 47 and 48 of the Charter of Fundamental Rights of the European Union – Right of the accused person to appear in person at his trial
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
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Opinion of Advocate General Kokott delivered on 27 October 2022
ECLI:EU:C:2022:845 |
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Judgment of the Court (First Chamber) of 8 December 2022
ECLI:EU:C:2022:964 |
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Case C-40/20 AQ and Others v Presidenza del Consiglio dei ministri and Others (University researchers)
References for a preliminary ruling – Social policy – Fixed-term work – Directive 1999/70/EC – Framework agreement – Principle of non-discrimination – Measures to prevent abuse of successive fixed-term employment contracts – Public-law fixed-term employment relationship – University researchers
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Sixth Chamber) of 15 December 2022
ECLI:EU:C:2022:985 |
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Case C-470/20 Veejaam and Espo v Elering
Reference for a preliminary ruling – State aid – Renewable energy subsidy – Guidelines on State aid for environmental protection and energy 2014-2020 – Incentive effect of aid applied for after work has started on the project concerned – Article 108(3) TFEU – Obligation to notify – Consequences of breach of the obligation to notify
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
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Opinion of Advocate General Rantos delivered on 2 June 2022
ECLI:EU:C:2022:430 |
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Judgment of the Court (First Chamber) of 15 December 2022
ECLI:EU:C:2022:981 |
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Case C-88/21 Regionų apygardos administracinio teismo Kauno rūmai v Lietuvos Respublikos vidaus reikalų ministerija (Registration of reported vehicles)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Second generation Schengen Information System (SIS II) – Decision 2007/533/JHA – Alert on an object sought – Article 38 – Objectives of the alert – Seizure or use as evidence in criminal proceedings – Article 39 – Execution of the action based on an alert – Measures taken in accordance with the national law of the Member States – National legislation laying down an obligation to prohibit the registration of vehicles which are the subject of alerts in SIS II
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
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Opinion of Advocate General Emiliou delivered on 7 July 2022
ECLI:EU:C:2022:544 |
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Judgment of the Court (First Chamber) of 15 December 2022
ECLI:EU:C:2022:982 |
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Case C-311/21 CM v TimePartner Personalmanagement
Reference for a preliminary ruling – Employment and social policy – Temporary agency work – Directive 2008/104/EC – Article 5 – Principle of equal treatment – Need to respect, in the event of derogation from that principle, the overall protection of temporary agency workers – Collective agreement providing for lower pay than that of staff recruited directly by the user undertaking – Effective judicial protection – Judicial review
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Opinion of Advocate General Collins delivered on 14 July 2022
ECLI:EU:C:2022:581 |
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Judgment of the Court (Second Chamber) of 15 December 2022
ECLI:EU:C:2022:983 |
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Case C-366/21 P Picard v Commission
Appeal – Civil service – Members of the contract staff – Pension – Staff Regulations of Officials of the European Union – 2014 reform – Regulation (EU, Euratom) No 1023/2013 – Annex XIII to those regulations – Second paragraph of Article 21 and second subparagraph of Article 22(1) – Transitional measures relating to the annual rate of accrual of pension rights and retirement age – Conditions of Employment of Other Servants of the European Union – Annex – Article 1(1) – Application of those transitional measures by analogy to other staff employed on 31 December 2013 – Signature of new contract as a member of the contract staff – Act adversely affecting an official – Effective judicial protection
Language of the case: French
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Opinion of Advocate General Pikamäe delivered on 14 July 2022
ECLI:EU:C:2022:582 |
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Judgment of the Court (Second Chamber) of 15 December 2022
ECLI:EU:C:2022:984 |
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Case C-577/21 LM and NO v HUK-COBURG-Allgemeine Versicherung
Reference for a preliminary ruling – Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Article 3, fourth paragraph – Concept of ‘personal injury’ – Cover by compulsory insurance – Road traffic accident – Death of a passenger – Right to compensation for minor children – Non-material damage – Suffering of a child resulting from the death of his or her parent as a result of that accident – Compensation only in the event of pathological damage
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
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Judgment of the Court (Tenth Chamber) of 15 December 2022
ECLI:EU:C:2022:992 |
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Joined Cases C-753/21 and C-754/21 Instrubel v Montana Management and BNP Paribas Securities Services and Montana Management v Heerema Zwijndrecht and BNP Paribas Securities Services
Reference for a preliminary ruling – Common foreign and security policy – Regulation (EC) No 1210/2003 – Specific restrictions applicable to economic and financial relations with Iraq – Article 4 – Freezing of funds and economic resources belonging to the persons, bodies and entities associated with the regime of the former President Saddam Hussein – Article 6 – Transfer to the successor arrangements of the Iraq Development Fund – Ownership of frozen funds and economic resources
Requests for a preliminary ruling from the Cour de cassation
Language of the case: French
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Judgment of the Court (Eighth Chamber) of 15 December 2022
ECLI:EU:C:2022:987 |
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Case C-23/22 Caxamar v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – State aid – Regulation (EU) No 651/2014 – Exemption of certain categories of aid compatible with the internal market – Guidelines on regional State aid – Scope – Exclusions – Fishery and aquaculture sector – Sector for the processing and marketing of agricultural products – Concept of ‘agricultural products’ – Regulation (EU) No 1379/2013 – Common organisation of the markets in fishery and aquaculture products – Annex I – Activity of processing of fishery and aquaculture products – Salted, frozen and desalted cod
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
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Judgment of the Court (Tenth Chamber) of 15 December 2022
ECLI:EU:C:2022:994 |
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Joined Cases C-491/20 REC to C-496/20 REC, C-506/20 REC, C-509/20 REC and C-511/20 REC W.Ż. and Others v A. S. and Others
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Need for interpretation of EU law to enable the referring court to give judgment – None – Manifest inadmissibility
Requests for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
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Order of the Court (Second Chamber) of 22 December 2022
ECLI:EU:C:2022:1046 |
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Case C-530/20 EUROAPTIEKA v Ministru kabinets
Reference for a preliminary ruling – Medicinal products for human use – Directive 2001/83/EC – Article 86(1) – Concept of ‘advertising of medicinal products’ – Article 87(3) – Rational use of medicinal products – Article 90 – Prohibited advertising methods – Advertising of medicinal products neither subject to medical prescription nor reimbursed – Advertising on the basis of price – Advertising of special sales – Advertising of bundled sales – Prohibition
Request for a preliminary ruling from the Satversmes tiesa
Language of the case: Latvian
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Opinion of Advocate General Szpunar delivered on 9 December 2021
ECLI:EU:C:2021:993 |
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Opinion of Advocate General Szpunar delivered on 9 June 2022
ECLI:EU:C:2022:450 |
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Judgment of the Court (Grand Chamber) of 22 December 2022
ECLI:EU:C:2022:1014 |
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Case C-61/21 JP v Ministre de la Transition écologique and Premier ministre (State liability for air pollution)
Reference for a preliminary ruling – Environment – Directives 80/779/EEC, 85/203/EEC, 96/62/EC, 1999/30/EC and 2008/50/EC – Air quality – Limit values for microparticles (PM10) and nitrogen dioxide (NO2) – Exceeded – Air quality plans – Damage caused to an individual on account of deterioration of the air resulting from the exceedance of those limit values – Liability of the Member State concerned – Conditions for establishing that liability – Requirement that the rule of EU law infringed be intended to confer rights on the individuals who have been harmed – No such intention
Request for a preliminary ruling from the Cour administrative d'appel de Versailles
Language of the case: French
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Opinion of Advocate General Kokott delivered on 5 May 2022
ECLI:EU:C:2022:359 |
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Judgment of the Court (Grand Chamber) of 22 December 2022
ECLI:EU:C:2022:1015 |
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Case C-83/21 Airbnb Ireland and Airbnb Payments UK v Agenzia delle Entrate
Reference for a preliminary ruling – Internal market – Article 114(2) TFEU – Exclusion of fiscal provisions – Directive 2000/31/EC – Information society services – Electronic commerce – Online property intermediation platform – Article 1(5)(a) – Exclusion of the ‘field of taxation’ – Directive 2006/123/EC – Services in the internal market – Article 2(3) – Exclusion of the ‘field of taxation’ – Directive (EU) 2015/1535 – Article 1(1)(e) and (f) – Concepts of ‘rule on services’ and ‘technical regulation’ – Obligation on providers of property intermediation services to collect and transmit to the tax authorities data on rental contracts and to withhold tax at source on the payments made – Obligation on service providers that do not have a permanent establishment in Italy to appoint a tax representative – Article 56 TFEU – Restrictive nature – Legitimate objective – Disproportionate nature of the obligation to appoint a tax representative – Third paragraph of Article 267 TFEU – Prerogatives of a national court or tribunal against whose decisions there is no judicial remedy under national law
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Opinion of Advocate General Szpunar delivered on 7 July 2022
ECLI:EU:C:2022:545 |
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Judgment of the Court (Second Chamber) of 22 December 2022
ECLI:EU:C:2022:1018 |
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Case C-115/21 P Junqueras i Vies v Parliament
Appeal – Institutional law – Members of the European Parliament – Loss of eligibility following a criminal conviction – Declaration that the seat of a Member of the European Parliament is vacant – Request to take an initiative as a matter of urgency to assert the immunity of a Member of the European Parliament – Action for annulment – Inadmissibility
Language of the case: Spanish
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Opinion of Advocate General Szpunar delivered on 16 June 2022
ECLI:EU:C:2022:479 |
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Judgment of the Court (Fourth Chamber) of 22 December 2022
ECLI:EU:C:2022:1021 |
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Joined Cases C-148/21 and C-184/21 Louboutin v Amazon Europe Core and Others (Use of an infringing sign on an online marketplace)
Reference for a preliminary ruling – EU trade mark – Regulation (EU) 2017/1001 – Article 9(2)(a) – Rights conferred by an EU trade mark – Concept of ‘use’ – Operator of an online sales website incorporating an online marketplace – Advertisements published on that marketplace by third-party sellers using, in those advertisements, a sign which is identical with a trade mark of another person for goods which are identical with those for which that trade mark is registered – Perception of that sign as forming an integral part of the commercial communication of that operator – Method of presenting the advertisements which does not make it possible to distinguish clearly the offerings of that operator from those of the third-party sellers
Requests for a preliminary ruling from the Tribunal d'arrondissement de Luxembourg and Tribunal de l’entreprise francophone de Bruxelles
Language of the case: French
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Opinion of Advocate General Szpunar delivered on 2 June 2022
ECLI:EU:C:2022:422 |
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Judgment of the Court (Grand Chamber) of 22 December 2022
ECLI:EU:C:2022:1016 |
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Case C-237/21 Generalstaatsanwaltschaft München v S.M. (Request for extradition to Bosnia and Herzegovina)
Reference for a preliminary ruling – Citizenship of the European Union – Articles 18 and 21 TFEU – Request sent to a Member State by a third State for the extradition of a Union citizen who is a national of another Member State and who has exercised his right to free movement in the first of those Member States – Request made for the purpose of enforcing a custodial sentence – Prohibition on extradition applied solely to own nationals – Restriction of freedom of movement – Justification based on the prevention of impunity – Proportionality
Request for a preliminary ruling from the Oberlandesgericht München
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 14 July 2022
ECLI:EU:C:2022:574 |
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Judgment of the Court (Grand Chamber) of 22 December 2022
ECLI:EU:C:2022:1017 |
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Case C-279/21 X v Udlændingenævnet (Language test for foreign nationals)
Reference for a preliminary ruling – EEC-Turkey Association Agreement – Article 9 – Decision No 1/80 – Article 10(1) – Article 13 – Standstill clause – Family reunification – National rule introducing new more restrictive conditions in the area of family reunification for spouses of Turkish nationals who hold a permanent residence permit in the Member State concerned – Requirement that Turkish workers successfully take a test demonstrating a certain level of knowledge of the official language of that Member State – Justification – Objective of ensuring successful integration
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
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Opinion of Advocate General Pitruzzella delivered on 8 September 2022
ECLI:EU:C:2022:652 |
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Judgment of the Court (Second Chamber) of 22 December 2022
ECLI:EU:C:2022:1019 |
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Joined Cases C-313/21 P and C-314/21 P Council v Commission and Commission v FI
Appeal – Article 182 of the Rules of Procedure of the Court of Justice – Civil service – Pension – Staff Regulations of Officials of the European Union – Article 20 of Annex VIII – Grant of a survivor’s pension – Surviving spouse of a former official who had been in receipt of invalidity allowance – Marriage entered into after that official had become eligible for invalidity allowance – Condition that the marriage must have lasted for at least five years at the date of the official’s death – Article 19 of Annex VIII – Marriage entered into before the official became eligible for invalidity allowance – No condition as to the minimum duration of the marriage – Plea of illegality in respect of Article 20 of Annex VIII – Charter of Fundamental Rights of the European Union – Article 20 – Principle of equal treatment – Article 21(1) – Principle of non-discrimination – Article 52(1) – No arbitrary or manifestly inappropriate differentiation in the light of the objective pursued by the EU legislature
Language of the case: French
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Order of the Court (Eighth Chamber) of 22 December 2022
ECLI:EU:C:2022:1045 |
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Case C-332/21 Quadrant Amroq Beverages v Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Administrare a Marilor Contribuabili
Reference for a preliminary ruling – Harmonisation of fiscal legislation – Directive 92/83/EEC – Harmonisation of the structures of excise duties on alcohol and alcoholic beverages – Excise duty – Ethyl alcohol – Exemptions – Article 27(1)(e) – Production of flavours for the preparation of foodstuffs and non-alcoholic beverages with an alcohol strength not exceeding 1.2% volume – Scope – Principles of proportionality and effectiveness
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
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Opinion of Advocate General Collins delivered on 14 July 2022
ECLI:EU:C:2022:589 |
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Judgment of the Court (Tenth Chamber) of 22 December 2022
ECLI:EU:C:2022:1031 |
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Joined Cases C-341/21 P and C-357/21 P Commission v KM and Council v Commission
Appeal – Article 182 of the Rules of Procedure of the Court of Justice – Civil service – Pension – Staff Regulations of Officials of the European Union – Article 20 of Annex VIII – Grant of a survivor’s pension – Surviving spouse of a former official in receipt of a retirement pension – Marriage entered into after termination of that official’s service – Condition that the marriage must have lasted for at least five years at the date of the official’s death – Article 18 of Annex VIII – Marriage entered into before termination of the official’s service – Condition that the marriage must have lasted for at least one year only – Plea of illegality in respect of Article 20 of Annex VIII – Charter of Fundamental Rights of the European Union – Article 20 – Principle of equal treatment – Article 21(1) – Principle of non-discrimination on grounds of age – Article 52(1) – No arbitrary or manifestly inappropriate differentiation in the light of the objective pursued by the EU legislature
Language of the case: German
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Order of the Court (Eighth Chamber) of 22 December 2022
ECLI:EU:C:2022:1042 |
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Joined Cases C-383/21 and C-384/21 Sambre & Biesme and Commune de Farciennes v SWL
Reference for a preliminary ruling – Public contracts – Directive 2014/24/EU – Award of the contract without initiating a tendering procedure – Public contracts between entities within the public sector – Article 12(3) – Public contracts subject to in-house awards – Concept of ‘similar control’ – Conditions – Representation of all participating contracting authorities – Article 12(4) – Contract between contracting authorities pursuing common public interest objectives – Concept of ‘cooperation’ – Conditions – Failure to transpose within the time limits laid down – Direct effect
Requests for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 9 June 2022
ECLI:EU:C:2022:456 |
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Judgment of the Court (Fifth Chamber) of 22 December 2022
ECLI:EU:C:2022:1022 |
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Case C-392/21 TJ v Inspectoratul General pentru Imigrări (Acquisition of spectacles by a worker)
Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Directive 90/270/EEC – Article 9(3) – Work with display screen equipment – Protection of workers’ eyes and eyesight – Special corrective appliances – Spectacles – Acquisition by the employee – Arrangements for the employer to meet the costs
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
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Opinion of Advocate General Ćapeta delivered on 14 July 2022
ECLI:EU:C:2022:583 |
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Judgment of the Court (Second Chamber) of 22 December 2022
ECLI:EU:C:2022:1020 |
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Case C-404/21 WP v Istituto nazionale della previdenza sociale and Repubblica italiana
Reference for a preliminary ruling – European Central Bank (ECB) staff members – Transfer of pension rights acquired in a national pension scheme to the ECB pension scheme – Article 4(3) TEU – Principle of sincere cooperation – ECB Conditions of Employment – Article 8 of Annex IIIa – No provision of national law or agreement between the Member State concerned and the ECB
Request for a preliminary ruling from the Tribunale Ordinario di Asti
Language of the case: Italian
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Opinion of Advocate General Pikamäe delivered on 7 July 2022
ECLI:EU:C:2022:542 |
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Judgment of the Court (Fifth Chamber) of 22 December 2022
ECLI:EU:C:2022:1023 |
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Case C-553/21 Hauptzollamt Hamburg v Shell Deutschland Oil
Reference for a preliminary ruling – Directive 2003/96/EC – Taxation of energy products and electricity – Fourth indent of Article 5 – Differentiated rates of excise duty according to whether those products are for business or non-business use – Optional tax exemptions and reductions – Submission of an application for an optional tax reduction after the expiry of the period prescribed for that purpose but before the expiry of the period for assessment of the tax concerned – Principle of legal certainty – Principle of effectiveness – Principle of proportionality
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 22 December 2022
ECLI:EU:C:2022:1030 |
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Case C-656/21 IM Gestão de Ativos and Others v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Directive 2008/7/EC – Article 5(2)(a) – Indirect taxes on the raising of capital – Stamp duty on services relating to the marketing of shares in undertakings for collective investment in transferable securities
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
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Judgment of the Court (Fifth Chamber) of 22 December 2022
ECLI:EU:C:2022:1024 |
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Case C-20/22 Syndicat Les Entreprises du Médicament v Ministre des Solidarités et de la Santé
Reference for a preliminary ruling – Medicinal products for human use – Directive 89/105/EEC – Transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of national health insurance systems – Article 4 – Price freeze imposed on all medicinal products or on certain categories of medicinal products – National measure concerning only certain medicinal products, on an individual basis – Setting a maximum price for sales to health establishments of certain medicinal products
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Judgment of the Court (Seventh Chamber) of 22 December 2022
ECLI:EU:C:2022:1028 |
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Case C-68/22 P EIB v KL
Appeal – Civil service – Staff of the European Investment Bank (EIB) – Concept of ‘invalidity’ – Declaration of fitness to work – Unjustified absence – Action for annulment and for damages
Language of the case: French
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Judgment of the Court (Seventh Chamber) of 22 December 2022
ECLI:EU:C:2022:1029 |
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Case C-98/22 Eurelec Trading and Scabel v Ministre de l’Économie et des Finances
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 1(1) – Concept of ‘civil and commercial matters’ – Action brought by a public authority seeking a declaration of the existence of restrictive practices, an order penalising those practices and an order that they cease
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
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Judgment of the Court (Eighth Chamber) of 22 December 2022
ECLI:EU:C:2022:1032 |
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Information (on unpublished decisions)
Case C-653/20 P EUIPO v Vincenti
Appeal – Civil Service – Officials – Staff Regulations of Officials of the European Union – Article 45(1) – Promotion – Decision not to promote an official – Article 41(1) and (2)(a) of the Charter of Fundamental Rights of the European Union – Right to be heard – Duty to state reasons
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Judgment of the Court (Sixth Chamber) of 1 December 2022 ECLI:EU:C:2022:945 |
Case C-324/22 P UNIS v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Social security – National organisation representing self-employed persons – Complaint to the European Commission – Article 153(4) TFEU – Competence of the Member States – Rejection of the complaint – Article 263 TFEU – No action brought for failure to fulfil obligations – Action not seeking annulment of an EU act – No challengeable act – Dismissal of the action as manifestly inadmissible – Appeal manifestly unfounded
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Order of the Court (Sixth Chamber) of 1 December 2022 ECLI:EU:C:2022:956 |
Case C-571/22 P Unite the Union v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 5 December 2022 ECLI:EU:C:2022:958 |
Case C-594/22 P Gugler France v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 5 December 2022 ECLI:EU:C:2022:960 |
Case C-612/22 P Tigercat International v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 5 December 2022 ECLI:EU:C:2022:959 |
Case C-566/21 S v AA (Amendment of an unfair term)
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Order of the Court (Ninth Chamber) of 7 December 2022 ECLI:EU:C:2022:980 |
Case C-550/22 P Compass Tex v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, coherence or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 7 December 2022 ECLI:EU:C:2022:1044 |
Case C-625/21 VB v GUPFINGER Einrichtungsstudio
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Judgment of the Court (Ninth Chamber) of 8 December 2022 ECLI:EU:C:2022:971 |
Case C-459/21 The Navigator Company and Navigator Pulp Figueira v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Value added tax (VAT) – Directive 2006/112/EC – Article 176 – Exclusions from the right to deduct VAT – Less favourable scheme compared to the mechanism for deducting expenses provided for in respect of a direct tax governed by national law – Principle of equivalence – Inapplicability
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Order of the Court (Sixth Chamber) of 9 December 2022 ECLI:EU:C:2022:979 |
Case C-597/21 Centro Petroli Roma v Agenzia delle Dogane e dei Monopoli
Reference for a preliminary ruling – Articles 53 and 99 of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Exceptions to that obligation – Criteria – Situations in which the correct interpretation of EU law is so obvious as to leave no scope for any reasonable doubt – Condition related to the national court or tribunal of last instance being convinced that the matter would be equally obvious to the other courts or tribunals of last instance of the Member States and to the Court of Justice
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Order of the Court (Sixth Chamber) of 15 December 2022 ECLI:EU:C:2022:1010 |
Case C-144/22 Società Eredi Raimondo Bufarini v Ministero dell'Interno and Others
Reference for a preliminary ruling – Articles 53 and 99 of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Exceptions to that obligation – Criteria – Situations in which the correct interpretation of EU law is so obvious as to leave no scope for any reasonable doubt – Condition related to the national court or tribunal of last instance being convinced that the matter would be equally obvious to the other courts or tribunals of last instance of the Member States and to the Court of Justice
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Order of the Court (Sixth Chamber) of 15 December 2022 ECLI:EU:C:2022:1013 |
Case C-419/22 P Group Nivelles v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 16 December 2022 ECLI:EU:C:2022:1048 |
Case C-315/22 P Aziz v EEAS
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Access to documents – Regulation (EC) No 1049/2001 – Documents allegedly held by the European External Action Service (EEAS) – Action directed against the implied rejection of the request for access to documents – Admissibility – Article 76(d) of the Rules of Procedure of the General Court – Sufficiently clear and precise statement of the pleas in law relied on – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Tenth Chamber) of 19 December 2022 ECLI:EU:C:2022:1012 |
Case C-357/22 P Aziz v EDPS
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Protection of personal data – Regulation (EU) 2018/1725 – Refusal of access to personal data allegedly held by the European Commission and the European External Action Service (EEAS) – Complaints to the European Data Protection Supervisor (EDPS) following the refusal of access – Action directed against the implied rejection of the complaints – Admissibility – Article 76(d) of the Rules of Procedure of the General Court – Sufficiently clear and precise statement of the pleas in law relied on – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Tenth Chamber) of 19 December 2022 ECLI:EU:C:2022:1009 |
Case C-559/22 P Vtesse Harlow v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Refusal of the European Commission to initiate proceedings for failure to fulfil obligations – Discretion of the Commission – Appeal manifestly unfounded
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Order of the Court (Eighth Chamber) of 19 December 2022 ECLI:EU:C:2022:1033 |
Case C-774/21 P NB v Court of Justice of the European Union
Removal from the Register
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Order of the Vice-President of the Court of 20 December 2022 ECLI:EU:C:2022:1040 |
Case C-250/22 Fallimento Villa di Campo v Agenzia delle Entrate
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement that the national court indicate the relationship between the provisions of EU law the interpretation of which is sought and the national legislation applicable to the main proceedings – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Ninth Chamber) of 21 December 2022 ECLI:EU:C:2022:1038 |
Case C-125/20 Commission v Spain (Limit values – NO2)
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Judgment of the Court (Sixth Chamber) of 22 December 2022 ECLI:EU:C:2022:1025 |
Case C-246/21 P Parliament v Moi
Appeal – Law governing the institutions – Member of the European Parliament – Principle of ne ultra petita – Subject matter of the dispute – Rights of the defence – Article 232 TFEU – Operating arrangements of the Parliament – Sixth paragraph of Article 263 TFEU – Time limit for bringing proceedings – Cross-appeal
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Judgment of the Court (Sixth Chamber) of 22 December 2022 ECLI:EU:C:2022:1026 |
Case C-288/21 P Universität Koblenz-Landau v EACEA
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Judgment of the Court (Sixth Chamber) of 22 December 2022 ECLI:EU:C:2022:1027 |
Case C-82/22 P Jalkh v Parliament
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Member of the European Parliament – Protocol (No 7) on the privileges and immunities of the European Union – Third paragraph of Article 9 – Decision to waive parliamentary immunity – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Eighth Chamber) of 22 December 2022 ECLI:EU:C:2022:1039 |
Case C-204/22 :
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Concept of a ‘court or tribunal’ – Criteria relating to the constitution and function of that body – Exercise of judicial or administrative functions – Duty of cooperation of the body making the reference – Directives 89/665/EEC and 2014/24/EU – Public procurement – National supervisory body for public procurement procedures – Entitlement to act on an ex officio basis – Power to impose penalties – Decisions that are open to challenge before the courts – No dispute before the referring body – Manifest inadmissibility of the request for a preliminary ruling
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Order of the Court (Ninth Chamber) of 22 December 2022 ECLI:EU:C:2022:1034 |
January 2023
Case C-289/22 A.T.S. 2003 v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Article 99 of the Rules of Procedure – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Articles 167, 168 and 178 – Right to deduct input VAT – Tax evasion – Proof – Duty of care of the taxable person – Consideration of an infringement of the national provisions governing the supply of services at issue
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Order of the Court (Fifth Chamber) of 9 January 2023
ECLI:EU:C:2023:26 |
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Case C-469/22 Ambisig v Fundação do Desporto and Others
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Public procurement of service, supply and works contracts – Directive 2014/24/EU – Conduct of the procedure – Choice of participants and award of contracts – Article 63 – Economic operator relying on the capacities of another entity in order to meet the requirements of the contracting authority – Obligation of that economic operator to submit the qualification documents of a subcontractor after the tender has been awarded – Incompatibility
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
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Order of the Court (Eighth Chamber) of 10 January 2023
ECLI:EU:C:2023:25 |
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Case C-883/19 P HSBC Holdings and Others v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Euro Interest Rate Derivatives sector – Decision establishing an infringement of Article 101 TFEU and Article 53 of the EEA Agreement – Manipulation of the Euribor interbank reference rates – Exchange of confidential information – Restriction of competition by object – Characterisation – Taking into account of procompetitive effects – Single and continuous infringement – ‘Hybrid’ procedure having led successively to the adoption of a settlement decision and a decision made under the ordinary procedure – Charter of Fundamental Rights of the European Union – Article 41 – Right to good administration – Article 48 – Presumption of innocence
Language of the case: English
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Opinion of Advocate General Emiliou delivered on 12 May 2022
ECLI:EU:C:2022:384 |
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Judgment of the Court (Third Chamber) of 12 January 2023
ECLI:EU:C:2023:11 |
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Joined Cases C-702/20 and C-17/21 DOBELES HES v Sabiedrisko pakalpojumu regulēšanas komisija
Reference for a preliminary ruling – State aid – Article 107(1) TFEU – National legislation imposing an obligation on the public operator to purchase from renewable energy producers at a price higher than the market price – Failure to pay a portion of the aid concerned – Application for compensation submitted by those producers to a public authority distinct from that which is, in principle, required, under that national legislation, to pay that aid and whose budget is intended solely to ensure its own operation – New aid – Notification requirement – De minimis aid – Regulation (EU) No 1407/2013 – Article 5(2) – Cumulation – Taking into account the amounts of aid already received during the reference period on the basis of that national legislation
Requests for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
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Opinion of Advocate General Rantos delivered on 14 June 2022
ECLI:EU:C:2022:465 |
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Judgment of the Court (Grand Chamber) of 12 January 2023
ECLI:EU:C:2023:1 |
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Case C-42/21 P Lietuvos geležinkeliai v Commission
Appeal – Competition – Abuse of dominant position – Rail freight market – Decision finding an infringement of Article 102 TFEU – Access by third-party undertakings to infrastructure managed by Lithuania’s national railway company – Removal of a section of railway track – Concept of ‘abuse’ – Actual or likely exclusion of a competitor – Exercise by the General Court of its powers of unlimited jurisdiction – Reduction of the fine
Language of the case: English
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Opinion of Advocate General Rantos delivered on 7 July 2022
ECLI:EU:C:2022:537 |
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Judgment of the Court (Third Chamber) of 12 January 2023
ECLI:EU:C:2023:12 |
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Case C-57/21 RegioJet v České dráhy
Reference for a preliminary ruling – Competition – Abuse of a dominant position – Rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union – Directive 2014/104/EU – Articles 5 and 6 – Disclosure of evidence – Evidence in a competition authority’s file – Proceedings relating to an infringement of competition rules pending before the European Commission – National proceedings relating to an action for damages with regard to the same infringement – Conditions for the disclosure of evidence
Request for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
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Opinion of Advocate General Szpunar delivered on 5 May 2022
ECLI:EU:C:2022:363 |
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Judgment of the Court (Second Chamber) of 12 January 2023
ECLI:EU:C:2023:6 |
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Case C-132/21 BE v Nemzeti Adatvédelmi és Információszabadság Hatóság
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Articles 77 to 79 – Remedies – Parallel exercise – Relationship – Procedural autonomy – Effectiveness of the protection rules established by that regulation – Consistent and homogeneous application of those rules throughout the European Union – Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Opinion of Advocate General Richard de la Tour delivered on 8 September 2022
ECLI:EU:C:2022:661 |
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Judgment of the Court (First Chamber) of 12 January 2023
ECLI:EU:C:2023:2 |
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Case C-154/21 RW v Österreichische Post (Information regarding the recipients of personal data)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 15(1)(c) – Data subject’s right of access to his or her data – Information about the recipients or categories of recipient to whom the personal data have been or will be disclosed – Restrictions
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Opinion of Advocate General Pitruzzella delivered on 9 June 2022
ECLI:EU:C:2022:452 |
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Judgment of the Court (First Chamber) of 12 January 2023
ECLI:EU:C:2023:3 |
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Case C-280/21 P.I. v Migracijos departamentas prie Lietuvos Respublikos vidaus reikalų ministerijos (Reasons for persecution on the ground of political opinion)
Reference for a preliminary ruling – Area of freedom, security and justice – Common asylum policy – Eligibility for refugee status – Directive 2011/95/EU – Article 10(1)(e) and (2) – Reasons for persecution – Concepts of ‘political opinion’ and ‘attributed political opinion’ – Attempts by an applicant for asylum to defend himself, in his country of origin, by legal means against non-State actors acting illegally and in a position to exploit the mechanism by which that State imposes penalties for criminal offences
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
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Opinion of Advocate General Richard de la Tour delivered on 30 June 2022
ECLI:EU:C:2022:506 |
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Judgment of the Court (Third Chamber) of 12 January 2023
ECLI:EU:C:2023:13 |
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Joined Cases C-323/21 to C-325/21 Staatssecretaris van Justitie en Veiligheid v B. and F. and K. v Staatssecretaris van Justitie en Veiligheid (Time limit for transfer – Multiple applications)
References for a preliminary ruling – Regulation (EU) No 604/2013 – Determining the Member State responsible for examining an application for international protection – Lodging of multiple applications for international protection in three Member States – Article 29 – Time limit for transfer – Expiry – Transfer of responsibility for examining the application – Article 27 – Remedy – Scope of judicial review – Possibility for the applicant to rely on the transfer of responsibility for examining the application
Requests for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Opinion of Advocate General Richard de la Tour delivered on 8 September 2022
ECLI:EU:C:2022:651 |
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Judgment of the Court (First Chamber) of 12 January 2023
ECLI:EU:C:2023:4 |
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Case C-356/21 J.K. v TP (Audiovisual editor for public television)
Reference for a preliminary ruling – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 3(1)(a) and (c) – Conditions for access to self-employment – Employment and working conditions – Prohibition of discrimination based on sexual orientation – Self-employed person working on the basis of a contract for specific work – Termination and non-renewal of contract – Freedom to choose a contracting party
Request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie
Language of the case: Polish
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Opinion of Advocate General Ćapeta delivered on 8 September 2022
ECLI:EU:C:2022:653 |
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Judgment of the Court (Second Chamber) of 12 January 2023
ECLI:EU:C:2023:9 |
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Case C-395/21 D.V. v M.A. (Lawyers' fees – Principle of an hourly rate)
Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Contract for the provision of legal services concluded between a lawyer and a consumer – Article 4(2) – Assessment of the unfairness of contractual terms – Exclusion of terms relating to the main subject matter of the contract – Term providing for the payment of lawyers’ fees on the basis of an hourly rate – Article 6(1) – Powers of the national court when dealing with a term considered to be ‘unfair’
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
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Opinion of Advocate General Szpunar delivered on 22 September 2022
ECLI:EU:C:2022:715 |
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Judgment of the Court (Fourth Chamber) of 12 January 2023
ECLI:EU:C:2023:14 |
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Case C-396/21 KT and NS v FTI Touristik (Package travel to the Canary Islands)
Reference for a preliminary ruling – Directive (EU) 2015/2302 – Article 14(1) – Package travel and linked travel arrangements – Performance of a package travel contract – Liability of the organiser concerned – Measures to fight the worldwide spread of an infectious disease – COVID-19 pandemic – Restrictions imposed at the travel destination and in the place of residence of the traveller concerned and in other countries – Lack of conformity of the services provided as part of the package concerned – Appropriate reduction in the price of that package
Request for a preliminary ruling from the Landgericht München I
Language of the case: German
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Opinion of Advocate General Medina delivered on 15 September 2022
ECLI:EU:C:2022:688 |
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Judgment of the Court (Second Chamber) of 12 January 2023
ECLI:EU:C:2023:10 |
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Case C-719/21 P Jouvin v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Complaint submitted to the European Commission – Commission Decision rejecting the complaint – Action for annulment – Time limit for lodging a response
Language of the case: French
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Judgment of the Court (Ninth Chamber) of 12 January 2023
ECLI:EU:C:2023:15 |
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Case C-583/22 PPU Criminal proceedings against MV (Formation of a cumulative sentence)
Reference for a preliminary ruling – Area of freedom, security and justice – Police and judicial cooperation in criminal matters – Framework Decision 2008/675/JHA – Article 3(1) – Principle of assimilation of earlier convictions handed down in another Member State – Obligation to ensure that the effects attached to those convictions are equivalent to those attached to previous national convictions – National rules concerning subsequent formation of a cumulative sentence – Multiple offences – Determination of an aggregate sentence – Maximum of 15 years for non-life custodial sentences – Article 3(5) – Exception – Offence committed before the handing down or execution of sentences in another Member State
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 8 December 2022
ECLI:EU:C:2022:974 |
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Judgment of the Court (Second Chamber) of 12 January 2023
ECLI:EU:C:2023:5 |
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Case C-632/20 P Spain v Commission
Appeal – External relations – Stabilisation and Association Agreement between the European Union and the European Atomic Energy Community, of the one part, and Kosovo, of the other part – Electronic communications – Regulation (EU) 2018/1971 – Body of European Regulators for Electronic Communications (BEREC) – Article 35(2) – Participation of the regulatory authority of Kosovo in that body – Concepts of ‘third country’ and ‘third State’ – Competence of the European Commission
Language of the case: Spanish
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Opinion of Advocate General Kokott delivered on 16 June 2022
ECLI:EU:C:2022:473 |
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Judgment of the Court (Grand Chamber) of 17 January 2023
ECLI:EU:C:2023:28 |
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Case C-680/20 Unilever Italia Mkt. Operations v Autorità Garante della Concorrenza e del Mercato
Reference for a preliminary ruling – Competition – Article 102 TFEU – Dominant position – Imputation, to the producer, of actions of its distributors – Existence of contractual links between the producer and the distributors – Concept of ‘economic unit’ – Scope – Abuse – Exclusivity clause – Need to demonstrate the effects on the market
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Opinion of Advocate General Rantos delivered on 14 July 2022
ECLI:EU:C:2022:586 |
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Judgment of the Court (Fifth Chamber) of 19 January 2023
ECLI:EU:C:2023:33 |
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Case C-147/21 CIHEF and Others v Ministre de la Transition écologique and Premier ministre
Reference for a preliminary ruling – Approximation of laws – Biocidal products – Regulation (EU) No 528/2012 – Article 72 – Free movement of goods – Article 34 TFEU – Possibility for Member States to adopt restrictive measures on commercial and advertising practices – Selling arrangements falling outside the scope of Article 34 TFEU – Whether justified – Article 36 TFEU – Objective of protecting human and animal health and the environment – Proportionality
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Emiliou delivered on 2 June 2022
ECLI:EU:C:2022:437 |
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Judgment of the Court (Third Chamber) of 19 January 2023
ECLI:EU:C:2023:31 |
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Case C-162/21 Pesticide Action Network Europe and Others v État belge
Reference for a preliminary ruling – Environment – Regulation (EC) No 1107/2009 – Placing of plant protection products on the market – Article 53(1) – Emergency situations in plant protection – Derogation – Scope – Seeds treated with plant protection products – Neonicotinoids – Active substances posing high risks to bees – Prohibition of the placing on the market and outside use of seeds treated with plant protection products containing those active substances – Implementing Regulation (EU) 2018/784 and Implementing Regulation (EU) 2018/785 – Non-applicability of the derogation – Protection of human and animal health and the environment – Precautionary principle
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
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Opinion of Advocate General Kokott delivered on 8 September 2022
ECLI:EU:C:2022:650 |
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Judgment of the Court (First Chamber) of 19 January 2023
ECLI:EU:C:2023:30 |
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Case C-292/21 Administración General del Estado and Others v AUDICA and Ministerio Fiscal
Reference for a preliminary ruling – Directive 2006/123/EC – Services in the internal market – Article 2(2)(d) – Substantive scope – Service in the field of transport – Provision of road safety awareness and re-education courses for the recovery of driving licence points – Concession to operate a public service – Article 15 – Requirements – Division of the relevant territory into five lots – Quantitative and territorial limit on access to the activity concerned – Overriding reasons in the public interest – Whether justified – Road safety – Proportionality – Service of general economic interest
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Opinion of Advocate General Emiliou delivered on 15 September 2022
ECLI:EU:C:2022:694 |
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Judgment of the Court (Third Chamber) of 19 January 2023
ECLI:EU:C:2023:32 |
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Joined Cases C-495/21 and C-496/21 L. GmbH and H. Ltd v Bundesrepublik Deutschland (Nasal drops)
Reference for a preliminary ruling – Medical devices – Directive 93/42/EEC – Article 1(2)(a) – Definition – Article 1(5)(c) – Scope – Medicinal products for human use – Directive 2001/83/EC – Article 1(2) – Definition of the concept of ‘medicinal product’ – Article 2(2) – Applicable legal framework – Classification as a ‘medical device’ or as a ‘medicinal product’
Requests for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 19 January 2023
ECLI:EU:C:2023:34 |
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Case C-205/21 Criminal proceedings against V.S. (Recording of biometric and genetic data by the police)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Directive (EU) 2016/680 – Article 4(1)(a) to (c) – Principles relating to processing of personal data – Purpose limitation – Data minimisation – Article 6(a) – Clear distinction between personal data of different categories of data subjects – Article 8 – Lawfulness of processing – Article 10 – Transposition – Processing of biometric data and genetic data – Concept of ‘processing authorised by Member State law’ – Concept of ‘strictly necessary’ – Discretion – Charter of Fundamental Rights of the European Union – Articles 7, 8, 47, 48 and 52 – Right to effective judicial protection – Presumption of innocence – Limitation – Intentional criminal offence subject to public prosecution – Accused persons – Collection of photographic and dactyloscopic data in order for them to be entered in a record and taking of a biological sample for the purpose of creating a DNA profile – Procedure for enforcement of collection – Systematic nature of the collection
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
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Opinion of Advocate General Pitruzzella delivered on 30 June 2022
ECLI:EU:C:2022:507 |
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Judgment of the Court (Fifth Chamber) of 26 January 2023
ECLI:EU:C:2023:49 |
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Case C-403/21 Construct v Judeţul Timiş
Reference for a preliminary ruling – Article 267 TFEU – Definition of ‘court or tribunal of a Member State’ – Criteria – Independence and compulsory nature of the jurisdiction of the national body concerned – Stability of the members of that body – Directive 2014/24/EU – Public procurement procedures – Article 58 – Selection criteria – Possibility of including, amongst those criteria, obligations under special laws applicable to the activities connected with the contract in question and not set out as a criterion for selection in the procurement documents – Article 63(1) – Tenderer relying on the capacities of another entity in order to meet the requirements of the contracting authority – Not possible to require recourse to subcontracting
Request for a preliminary ruling from the Consiliul Naţional de Soluţionare a Contestaţiilor
Language of the case: Romanian
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Judgment of the Court (Third Chamber) of 26 January 2023
ECLI:EU:C:2023:47 |
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Case C-469/21 CGCOF v Administración General del Estado
Reference for a preliminary ruling – Medicinal products for human use – Delegated Regulation (EU) 2016/161 – Repositories system containing information on safety features – Creation of an interface integrated into the national repository and managed by the public authorities – Obligation to use a specific application for certain medicinal products
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Judgment of the Court (Seventh Chamber) of 26 January 2023
ECLI:EU:C:2023:50 |
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Case C-613/21 P Parliament v Carbajo Ferrero
Appeal – Civil service – Officials – Procedure for appointment to a post of Director – Vacancy notice and recruitment notice – Rejection of the candidate’s application and appointment of another candidate – Irregularity in the recruitment procedure – Manifest error of assessment – Transparency – Equal treatment
Language of the case: French
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Opinion of Advocate General Medina delivered on 22 September 2022
ECLI:EU:C:2022:716 |
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Judgment of the Court (Eighth Chamber) of 26 January 2023
ECLI:EU:C:2023:51 |
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Case C-682/21 HSC Baltic and Others v Vilniaus miesto savivaldybės administracija and Others
Reference for a preliminary ruling – Public procurement – Directive 2014/24/EU – Article 57(4)(g) – Optional ground for exclusion linked to deficiencies in the context of a prior contract – Contract awarded to a group of economic operators – Early termination of that contract – Automatic inclusion of all members of the group on a list of unreliable suppliers – Principle of proportionality – Directive 89/665/EEC – Article 1(1) and (3) – Right to an effective remedy
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
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Judgment of the Court (Fourth Chamber) of 26 January 2023
ECLI:EU:C:2023:48 |
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Case C-580/22 P bonnanwalt v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal allowed to proceed
Language of the case: German
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Order of the Court (Chamber determining whether appeals may proceed) of 30 January 2023
ECLI:EU:C:2023:126 |
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Case C-158/21 Criminal proceedings against Puig Gordi and Others
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Surrender procedures between Member States – Conditions for execution – Jurisdiction of the issuing judicial authority – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Right of access to a tribunal previously established by law – Possibility of issuing a new European arrest warrant relating to the same person
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Opinion of Advocate General Richard de la Tour delivered on 14 July 2022
ECLI:EU:C:2022:573 |
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Judgment of the Court (Grand Chamber) of 31 January 2023
ECLI:EU:C:2023:57 |
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Case C-284/21 P Commission v Braesch and Others
Appeal – State aid – Articles 107 and 108 TFEU – Restructuring aid – Banking sector – Preliminary examination stage – Decision declaring the aid compatible with the internal market – Restructuring plan – Commitments given by the Member State concerned – Burden-sharing measures – Conversion of subordinated debts into equity – Bondholders – Action for annulment – Admissibility – Fourth paragraph of Article 263 TFEU – Locus standi – Natural or legal person directly and individually concerned – Breach of the procedural rights of interested parties – Failure to initiate the formal investigation procedure – Article 108(2) TFEU – Concept of ‘parties concerned’ – Regulation (EU) 2015/1589 – Article 1(h) – Concept of ‘interested party’ – National measures taken into account by the European Commission – Inadmissibility of the action
Language of the case: English
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Opinion of Advocate General Rantos delivered on 21 June 2022
ECLI:EU:C:2022:490 |
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Judgment of the Court (Grand Chamber) of 31 January 2023
ECLI:EU:C:2023:58 |
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Information (on unpublished decisions)
Case C-506/22 Criminal proceedings against SNI
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court – Requirement to provide reasons justifying the need for an answer from the Court – Requirement to state the link between the provisions of European Union law whose interpretation is sought and the applicable national legislation – Lack of sufficient details – Manifest inadmissibility
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Order of the Court (Sixth Chamber) of 12 January 2023 ECLI:EU:C:2023:46 |
Case C-574/20 XO v Finanzamt Österreich
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court – Social security – Family benefits – Indexation based on price – Answer to a question referred for a preliminary ruling which may be clearly deduced from existing case-law – No connection between the question referred for a preliminary ruling and the dispute in the main proceedings – Question manifestly inadmissible
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Order of the Court (Seventh Chamber) of 13 January 2023 ECLI:EU:C:2023:27 |
Case C-729/21 W. v Dyrektor Izby Administracji Skarbowej w Łodzi
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Directive 2006/112/EC – Value added tax (VAT) – Article 19 – Concept of ‘transfer of a totality of assets or part thereof’ – Contract of sale relating to a shopping centre – Transfer of an undertaking – Partial transfer of the tangible and intangible assets of the undertaking
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Order of the Court (Ninth Chamber) of 16 January 2023 ECLI:EU:C:2023:74 |
Case C-379/21 :
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice – Consumer credit – Directive 93/13/EEC – Article 6(1) – Unfair terms – Refusal to issue an immediate order for payment in the event of a claim based on an unfair term – Consequences relating to the unfairness of a contractual term – Directions from a higher court not observing those consequences
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Order of the Court (Ninth Chamber) of 17 January 2023 ECLI:EU:C:2023:29 |
Case C-137/22 P Theodorakis and Theodoraki v Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Economic and monetary policy – Stability support programme for Cyprus – Political agreement concluded between the Eurogroup and the Cypriot authorities concerning, inter alia, the restructuring of the banking sector in Cyprus – Action for compensation – Designation of the defendant – Concept of ‘institution’ – Appeal manifestly unfounded
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Order of the Court (Sixth Chamber) of 17 January 2023 ECLI:EU:C:2023:41 |
Case C-410/22 KL and Others v Skarb Państwa and Others
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to provide reasons justifying the need for an answer from the Court – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Tenth Chamber) of 17 January 2023 ECLI:EU:C:2023:42 |
Case C-476/22 D.-F. v D. L.
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to provide reasons justifying the need for an answer from the Court – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Tenth Chamber) of 17 January 2023 ECLI:EU:C:2023:43 |
February 2023
Joined Cases C-649/20 P, C-658/20 P and C-662/20 P Spain and Others v Commission
Appeal – State aid – Article 107(1) TFEU – Tax regime applicable to certain finance lease agreements for the purchase of ships (Spanish tax lease system) – Condition relating to selectivity – Obligation to state reasons – Principle of the protection of legitimate expectations – Principle of legal certainty – Recovery of the aid
Language of the case: Spanish
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Opinion of Advocate General Pikamäe delivered on 29 September 2022
ECLI:EU:C:2022:744 |
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Judgment of the Court (Fifth Chamber) of 2 February 2023
ECLI:EU:C:2023:60 |
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Case C-208/21 K.D. v Towarzystwo Ubezpieczeń Ż (Misleading standard assurance contracts)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 5 – Obligation to draft contractual clauses in plain intelligible language – Directive 2005/29/EC – Unfair business-to-consumer commercial practices – Article 3 – Scope – Article 7 – Misleading omission – Article 13 – Penalties – ‘Unit-linked’ life assurance contracts linked to investment funds – Information on the nature and structure of the assurance product and the risks associated with that product – Misleading standard contracts – Entity that is responsible – Legal consequences
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Woli w Warszawie
Language of the case: Polish
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Judgment of the Court (Ninth Chamber) of 2 February 2023
ECLI:EU:C:2023:64 |
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Case C-372/21 Freikirche der Siebenten-Tags-Adventisten in Deutschland v Bildungsdirektion für Vorarlberg
Reference for a preliminary ruling – Status under EU law of churches and religious associations or communities in the Member States – Article 17(1) TFEU – Freedom of establishment – Article 49 TFEU – Restrictions – Justification – Proportionality – Subsidies for a private school – Application submitted by a religious society established in another Member State – Establishment recognised by that society as a denominational school
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Opinion of Advocate General Emiliou delivered on 7 July 2022
ECLI:EU:C:2022:540 |
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Judgment of the Court (Third Chamber) of 2 February 2023
ECLI:EU:C:2023:59 |
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Case C-676/21 Proceedings brought by A (Vehicle tax)
Reference for a preliminary ruling – Internal taxation – Article 110 TFEU – Motor vehicles – Tax on vehicles – Second-hand vehicles imported from other Member States – Second-hand vehicles exported to other Member States – Refund of that tax on export – Restriction on that refund to vehicles which were put into circulation less than ten years ago
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
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Judgment of the Court (Eighth Chamber) of 2 February 2023
ECLI:EU:C:2023:63 |
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Case C-806/21 Criminal proceedings against TF (Drug precursors)
Reference for a preliminary ruling – Drug precursors – Framework Decision 2004/757/JHA – Article 2(1)(d) – Person involved in the transport and distribution of precursors used for the illicit production or manufacture of drugs – Regulation (EC) No 273/2004 – Scheduled substances – Article 2 – Concept of ‘operator’ – Article 8(1) – Circumstances suggesting that scheduled substances might be diverted for the illicit manufacture of narcotic drugs or psychotropic substances – Obligation to notify those circumstances – Concept of ‘circumstance’ – Scope
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Judgment of the Court (Seventh Chamber) of 2 February 2023
ECLI:EU:C:2023:61 |
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Case C-688/21 Confédération paysanne and Others v Premier ministre and Ministre de l'Agriculture et de l'Alimentation (In vitro random mutagenesis)
Reference for a preliminary ruling – Environment – Deliberate release of genetically modified organisms – Directive 2001/18/EC – Article 3(1) – Point 1 of Annex I B – Scope – Exemptions – Techniques/methods of genetic modification which have conventionally been used and have a long safety record – In vitro random mutagenesis
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Szpunar delivered on 27 October 2022
ECLI:EU:C:2022:841 |
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Judgment of the Court (Grand Chamber) of 7 February 2023
ECLI:EU:C:2023:75 |
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Case C-402/21 Staatssecretaris van Justitie en Veiligheid and Others v S and Staatssecretaris van Justitie en Veiligheid (Withdrawal of the right of residence of a Turkish worker)
Reference for a preliminary ruling – EEC-Turkey Association Agreement – Decision No 1/80 – Articles 6 and 7 – Turkish nationals already integrated into the labour market of the host Member State and enjoying an associated right of residence – Decisions of national authorities withdrawing the right of residence of Turkish nationals who have been lawfully resident in the Member State concerned for more than 20 years on the ground that they constitute a present, genuine and sufficiently serious threat to a fundamental interest of society – Article 13 – Standstill clause – Article 14 – Justification – Grounds of public policy
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Judgment of the Court (Second Chamber) of 9 February 2023
ECLI:EU:C:2023:77 |
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Case C-453/21 X-FAB Dresden v FC
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 38(3) – Data protection officer – Prohibition on dismissing data protection officer for performing his or her tasks – Requirement for functional independence – National legislation prohibiting the dismissal of a data protection officer without just cause – Article 38(6) – Conflict of interests – Criteria
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Judgment of the Court (Sixth Chamber) of 9 February 2023
ECLI:EU:C:2023:79 |
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Case C-482/21 Euler Hermes v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 90 – Taxable amount – Reduction – Insurer paying compensation to policyholders for unpaid debts, including VAT – National legislation denying that insurer, as legal successor, the reduction of the taxable amount – Principle of fiscal neutrality – Principle of effectiveness
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Judgment of the Court (Eighth Chamber) of 9 February 2023
ECLI:EU:C:2023:83 |
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Case C-555/21 UniCredit Bank Austria v Verein für Konsumenteninformation
Reference for a preliminary ruling – Consumer protection – Directive 2014/17/EU – Credit agreements for consumers relating to residential immovable property – Article 25(1) – Early repayment – Consumer’s right to a reduction in the total cost of the credit, consisting of the interest and the costs for the remaining duration of the contract – Article 4(13) – Concept of ‘total cost of the credit to the consumer’ – Costs that are independent of the duration of the agreement
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 29 September 2022
ECLI:EU:C:2022:742 |
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Judgment of the Court (Third Chamber) of 9 February 2023
ECLI:EU:C:2023:78 |
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Case C-635/21 LB v Hauptzollamt D (Air loungers)
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Combined Nomenclature – Tariff classification – Heading 9401 – Scope – Air sofas (‘air loungers’)
Request for a preliminary ruling from the Finanzgericht Bremen
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 9 February 2023
ECLI:EU:C:2023:85 |
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Case C-788/21 Skatteministeriet Departementet v Global Gravity
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Classification of goods – Combined Nomenclature – Subheadings 7616 99 90 and 8609 00 90 – Tubular Transport Running-system (TubeLock) – Meaning of ‘container’
Request for a preliminary ruling from the Retten i Esbjerg
Language of the case: Danish
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Judgment of the Court (Ninth Chamber) of 9 February 2023
ECLI:EU:C:2023:86 |
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Case C-53/22 VZ v CA (Tenderer definitively excluded)
Reference for a preliminary ruling – Review procedures in respect of the award of public supply and public works contracts – Directive 89/665/EEC – Article 1(3) – Interest in bringing proceedings – Access to the review procedures – Grave professional misconduct on account of an anticompetitive agreement – Other operator definitively excluded from participating in the procurement procedure concerned due to failure to meet the minimum requirements
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia
Language of the case: Italian
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Judgment of the Court (Tenth Chamber) of 9 February 2023
ECLI:EU:C:2023:88 |
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Case C-484/22 Bundesrepublik Deutschland v GS
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Immigration policy – Return of illegally staying third-country nationals – Directive 2008/115/EC – Article 5(a) and (b) – Return decision adopted in respect of a third-country national – Minor third-country national separated from parents in the event of return – Best interests of the child – Right to respect for family life
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
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Order of the Court (Eighth Chamber) of 15 February 2023
ECLI:EU:C:2023:122 |
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Case C-623/20 P Commission v Italy
Appeal – Rules on languages – Notice of open competition for the recruitment of administrators in the field of audit – Knowledge of languages – Restriction of the choice of the second competition language to English, French and German – Language of communication with the European Personnel Selection Office (EPSO) – Regulation No 1 – Staff Regulations of Officials – Article 1d(1) – Difference in treatment based on language – Justification – Interests of the service – Requirement to recruit administrators who are ‘immediately operational’ – Judicial review – Standard of proof required
Language of the case: Italian
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Opinion of Advocate General Collins delivered on 19 May 2022
ECLI:EU:C:2022:403 |
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Judgment of the Court (First Chamber) of 16 February 2023
ECLI:EU:C:2023:97 |
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Case C-635/20 P Commission v Italy and Spain
Appeal – Rules on languages – Notice of open competitions for the recruitment of administrators’ functions as investigators and team leaders – Knowledge of languages – Restriction of the choice of the second competition language to English, French and German – Language of communication with the European Personnel Selection Office (EPSO) – Regulation No 1 – Staff Regulations – Article 1d(1) – Difference in treatment based on language – Justification – Interests of the service – Requirement to recruit administrators who are ‘immediately operational’ – Judicial review – Standard of proof required
Language of the case: Italian
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Opinion of Advocate General Collins delivered on 19 May 2022
ECLI:EU:C:2022:405 |
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Judgment of the Court (First Chamber) of 16 February 2023
ECLI:EU:C:2023:98 |
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Case C-707/20 Gallaher v Commissioners for Her Majesty's Revenue & Customs
Reference for a preliminary ruling – Direct taxation – Corporate income tax – Articles 49, 63 and 64 TFEU – Freedom of establishment – Free movement of capital – Disposal of assets within a group of companies – Company resident for tax purposes in one Member State having a parent company resident for tax purposes in another Member State and a sister company resident for tax purposes in a third country – Disposal of intellectual property rights of the company resident for tax purposes in a Member State to its sister company resident for tax purposes in a third country – Disposal by the company resident for tax purposes in a Member State of shares in one of its subsidiaries to its parent company resident for tax purposes in another Member State – Consideration equal to the market value of the assets transferred – Exemption from tax or imposition of tax depending on the State in which the beneficiary company has its seat
Request for a preliminary ruling from the Upper Tribunal (Tax and Chancery Chamber)
Language of the case: English
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Opinion of Advocate General Rantos delivered on 8 September 2022
ECLI:EU:C:2022:654 |
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Judgment of the Court (Third Chamber) of 16 February 2023
ECLI:EU:C:2023:101 |
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Case C-312/21 Tráficos Manuel Ferrer and Ignacio v Daimler
Reference for a preliminary ruling – Competition – Compensation for harm caused by a practice prohibited under Article 101(1) TFEU – Decision of the Commission finding the existence of collusive arrangements on pricing and gross price increases for trucks in the European Economic Area (EEA) – National rule of civil procedure under which, in the event that the claim is upheld in part, costs are to be borne by each party, except in cases of wrongful conduct – Procedural autonomy of the Member States – Principles of effectiveness and equivalence – Directive 2014/104/EU – Objectives and overall balance – Article 3 – Right to full compensation for the harm suffered – Article 11(1) – Joint and several liability of the undertakings that infringe competition law – Article 17(1) – Possibility for national courts to estimate the harm – Conditions – Impossibility or unreasonable difficulties in quantifying harm – Article 22 – Temporal application
Request for a preliminary ruling from the Juzgado de lo Mercantil Valencia
Language of the case: Spanish
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Opinion of Advocate General Kokott delivered on 22 September 2022
ECLI:EU:C:2022:712 |
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Judgment of the Court (Second Chamber) of 16 February 2023
ECLI:EU:C:2023:99 |
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Case C-343/21 PV v Zamestnik izpalnitelen direktor na Darzhaven fond 'Zemedelie'
Reference for a preliminary ruling – Common agricultural policy – Support measures for rural development by the European Agricultural Fund for Rural Development – Agri-environmental payments – Regulation (EC) No 1974/2006 – Inability of the beneficiaries to continue to comply with the commitments given – Concepts of ‘reparcelling’ and ‘land-consolidation measures’ – Absence of measures necessary to adapt the obligations of the beneficiary to the new situation of the holding – Regulation (EC) No 1122/2009 – Concept of ‘force majeure and exceptional circumstances’
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Opinion of Advocate General Medina delivered on 15 September 2022
ECLI:EU:C:2022:696 |
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Judgment of the Court (Eighth Chamber) of 16 February 2023
ECLI:EU:C:2023:111 |
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Case C-349/21 HYA and Others (Grounds for authorising telephone tapping)
Reference for a preliminary ruling – Telecommunications sector – Processing of personal data and the protection of privacy – Directive 2002/58 – Article 15(1) – Restriction of the confidentiality of electronic communications – Judicial decision authorising the interception, recording and storage of telephone conversations of persons suspected of having committed a serious intentional offence – Practice whereby the decision is drawn up in accordance with a pre-drafted template text that does not contain individualised reasons – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Obligation to state reasons
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
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Opinion of Advocate General Collins delivered on 13 October 2022
ECLI:EU:C:2022:779 |
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Judgment of the Court (Third Chamber) of 16 February 2023
ECLI:EU:C:2023:102 |
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Case C-393/21 Lufthansa Technik AERO Alzey v Arik Air and Others
Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 805/2004 – European Enforcement Order for uncontested claims – Article 23(c) – Stay of enforcement of a judgment certified as a European Enforcement Order – Exceptional circumstances – Concept
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
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Opinion of Advocate General Pikamäe delivered on 20 October 2022
ECLI:EU:C:2022:820 |
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Judgment of the Court (Fourth Chamber) of 16 February 2023
ECLI:EU:C:2023:104 |
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Case C-472/21 Monz Handelsgesellschaft International v Büchel Fahrzeugtechnik
Reference for a preliminary ruling – Intellectual property – Design – Directive 98/71/EC – Article 3(3) and (4) – Conditions for obtaining protection for a component part of a complex product – Concepts of ‘visibility’ and ‘normal use’ – Visibility of a component part of a complex product during normal use of that product by the end user
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 8 September 2022
ECLI:EU:C:2022:656 |
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Judgment of the Court (Fifth Chamber) of 16 February 2023
ECLI:EU:C:2023:105 |
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Case C-519/21 ASA v DGRFP Cluj
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Construction of a building complex by an association without legal personality – Association contract – Sale of the apartments of that building complex by certain members – Determination of the taxable person liable for the tax – Principle of fiscal neutrality – Right to deduct VAT
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
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Judgment of the Court (Seventh Chamber) of 16 February 2023
ECLI:EU:C:2023:106 |
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Joined Cases C-524/21 and C-525/21 IG and Agenţia Municipală pentru Ocuparea Forţei de Muncă Bucureşti v Agenţia Judeţeană de Ocupare a Forţei de Muncă Ilfov and IM
Reference for a preliminary ruling – Social policy – Protection of employees in the event of their employer’s insolvency – Directive 2008/94/EC – Employees’ salary claims borne by guarantee institutions – Limitation of the liability of guarantee institutions to employees’ salary claims relating to the three months prior or subsequent to the date on which insolvency proceedings are opened – Application of a limitation period – Recovery of payments unduly made by the guarantee institution – Conditions
Requests for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
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Opinion of Advocate General Richard de la Tour delivered on 29 September 2022
ECLI:EU:C:2022:740 |
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Judgment of the Court (Second Chamber) of 16 February 2023
ECLI:EU:C:2023:100 |
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Case C-710/21 IEF Service v HB
Reference for a preliminary ruling – Social policy – Protection of employees in the event of the insolvency of their employer – Directive 2008/94/EC – Article 9(1) – Undertaking that has its registered office in one Member State and offers its services in another Member State – Worker whose place of residence is in that other Member State – Work performed in the Member State in which the worker’s employer has its registered office and, one week out of two, in the Member State in which the worker resides – Determining which Member State’s guarantee institution is responsible for meeting outstanding wage claims
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 16 February 2023
ECLI:EU:C:2023:109 |
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Case C-745/21 L.G. v Staatssecretaris van Justitie en Veiligheid (Unborn child at the time of the asylum application)
Reference for a preliminary ruling – Asylum policy – Regulation (EU) No 604/2013 – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Article 6(1) – Best interests of the child – Article 16(1) – Dependent person – Article 17(1) – Discretionary clauses – Implementation by a Member State – Third-country national pregnant at the time of lodging her application for international protection – Marriage – Spouse beneficiary of international protection in the Member State concerned – Decision refusing to process the application and to transfer the applicant to another Member State deemed to be responsible for the application
Request for a preliminary ruling from the Rechtbank den Haag zittingsplaats Zwolle
Language of the case: Dutch
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Judgment of the Court (Tenth Chamber) of 16 February 2023
ECLI:EU:C:2023:113 |
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Case C-530/22 Dunaj-Finanse v KG
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Rail transport – Passengers’ rights and obligations – Regulation (EC) No 1371/2007 – Article 3(8) – Transport contract – Concept – Passenger without a ticket at the time of boarding a train – Consumer protection
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy - Śródmieścia w Warszawie
Language of the case: Polish
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Order of the Court (Sixth Chamber) of 16 February 2023
ECLI:EU:C:2023:129 |
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Case C-638/22 PPU T.C. and Others (Suspension of the return decision)
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Area of freedom, security and justice – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – International child abduction – 1980 Hague Convention – Regulation (EC) No 2201/2003 – Article 11 – Application for return of a child – Final decision ordering the return of a child – Legislation of a Member State providing for automatic suspension of the enforcement of that decision in the event that a request is made by certain national authorities
Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie
Language of the case: Polish
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Opinion of Advocate General Emiliou delivered on 12 January 2023
ECLI:EU:C:2023:21 |
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Judgment of the Court (Third Chamber) of 16 February 2023
ECLI:EU:C:2023:103 |
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Case C-695/20 Fenix International v Commissioners for Her Majesty's Revenue and Customs
Reference for a preliminary ruling – Implementing power of the Council of the European Union – Article 291(2) TFEU – Common system of value added tax (VAT) – Directive 2006/112/EC – Articles 28 and 397 – Taxable person, acting in his or her own name but on behalf of another person – Provider of services by electronic means – Implementing Regulation (EU) No 282/2011 – Article 9a – Presumption – Validity
Request for a preliminary ruling from the First-tier Tribunal (Tax Chamber)
Language of the case: English
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Opinion of Advocate General Rantos delivered on 15 September 2022
ECLI:EU:C:2022:685 |
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Judgment of the Court (Grand Chamber) of 28 February 2023
ECLI:EU:C:2023:127 |
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Information (on unpublished decisions)
Case C-702/22 P Balaban v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 1 February 2023 ECLI:EU:C:2023:67 |
Case C-783/22 P Bilkiewicz v EUIPO
Appeal – EU trade mark – Article 170a(1) of the Rules of Procedure of the Court of Justice – Formal requirements for an appeal – No request that the appeal be allowed to proceed – Appeal inadmissible
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Order of the Vice-President of the Court of 2 February 2023 ECLI:EU:C:2023:69 |
Case C-520/22 HOREZZA v Úrad pre verejné obstarávanie
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Definition of ‘court or tribunal’ – Appellate body of a national supervisory authority for public procurement procedures – Independence – Status as third party in relation to the authority which adopted the contested decision – Manifest inadmissibility of the request for a preliminary ruling
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Order of the Court (Ninth Chamber) of 7 February 2023 ECLI:EU:C:2023:95 |
Case C-521/22 KONŠTRUKTA – Defence v Úrad pre verejné obstarávanie
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Definition of ‘court or tribunal’ – Appellate body of a national supervisory authority for public procurement procedures – Independence – Status as third party in relation to the authority which adopted the contested decision – Manifest inadmissibility of the request for a preliminary ruling
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Order of the Court (Ninth Chamber) of 7 February 2023 ECLI:EU:C:2023:94 |
Case C-342/21 Commission v Slovakia (Limit values– PM10)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and persistent exceeding of the limit values applicable to microparticles (PM10) in certain zones of Slovakia – Article 23(1) – Annex XV – Period during which those limit values are exceeded ‘as short as possible’ – Appropriate measures
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Judgment of the Court (Tenth Chamber) of 9 February 2023 ECLI:EU:C:2023:87 |
Case C-668/21 Druvnieks v Lauku atbalsta dienests
Reference for a preliminary ruling – Agriculture – Common agricultural policy – Support for rural development – Common rules – Regulation (EU) No 1306/2013 – Article 60 – Circumvention clause – Concept of ‘artificially created conditions’ – Rejection of an application for aid in view of the situation of an undertaking belonging to the same proprietor as the undertaking which applied for the aid concerned
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Judgment of the Court (Sixth Chamber) of 9 February 2023 ECLI:EU:C:2023:82 |
Case C-708/21 P Boshab v Council
Appeal – Common foreign and security policy – Restrictive measures directed against certain persons and entities in view of the situation in the Democratic Republic of the Congo – Regulation (EC) No 1183/2005 – Article 2b and Article 9(2) – Decision 2010/788/CFSP – Article 3(2) and Article 9(2) – Applicant continuing to be included on the lists of persons and entities subject to restrictive measures – Decision (CFSP) 2019/2109 – Implementing Regulation (EU) 2019/2101
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Judgment of the Court (Sixth Chamber) of 9 February 2023 ECLI:EU:C:2023:84 |
Case C-713/21 A v Finanzamt X (Supplies of the owner of a stable)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Concept of ‘supplies of services for consideration’ – Single supply consisting in the stabling and training of horses as well as their participation in competitions – Remuneration by assigning half of the claim to prize money corresponding to the prizes won by horses in competitions
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Judgment of the Court (Seventh Chamber) of 9 February 2023 ECLI:EU:C:2023:80 |
Case C-527/22 P Equinoccio-Compañía de Comercio Exterior v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for annulment – Public supply contracts – Instrument for Pre-Accession Assistance for Türkiye – National public procurement – Tendering procedure – Service contract for the supply of technical assistance for the activation of the ‘Specialty Foods Cluster’ in the Southeast Anatolia Region (EuropeAid/134403/IH/SER/TR) – Termination of the contract – Call on a bank guarantee by the Turkish authorities – Countersignature by the Delegation of the European Union to Türkiye of the request for payment – Appeal manifestly unfounded
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Order of the Court (Eighth Chamber) of 14 February 2023 ECLI:EU:C:2023:96 |
Case C-546/21 P Fundacja Instytut na rzecz Kultury Prawnej Ordo Iuris v Parliament
Appeal – Action for annulment – Article 19 of the Statute of the Court of Justice of the European Union – Representation of parties in direct actions before the Courts of the European Union – Lawyer representing the applicant as a third party – Requirement of independence – Lawyer practicing in the same firm as the applicant’s president
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Order of the Court (Second Chamber) of 15 February 2023 ECLI:EU:C:2023:123 |
Case C-633/21 Commission v Greece (Limit values – ΝΟ2)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) and Annex XI – Systematic and persistent exceedance of the limit values for nitrogen dioxide (NO2) in the agglomeration of Athens (Greece) – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures
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Judgment of the Court (Tenth Chamber) of 16 February 2023 ECLI:EU:C:2023:112 |
Case C-675/21 Strong Charon v 2045-Empresa de Segurança and FL
Reference for a preliminary ruling – Social policy – Transfers of undertakings – Safeguarding of employees’ rights – Directive 2001/23/EC – Scope – Refusal by the transferee to recognise the transfer of the employment contract – Definition of ‘transfer’ – Definition of ‘economic unit’ – Absence of a contractual link between the transferor and the transferee
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Judgment of the Court (Seventh Chamber) of 16 February 2023 ECLI:EU:C:2023:108 |
Case C-483/22 KI v YB and JN (Transfer of a Portuguese notary's office)
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to present the factual and regulatory context of the dispute in the main proceedings – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Ninth Chamber) of 16 February 2023 ECLI:EU:C:2023:124 |
Case C-507/22 P Novais v Portugal
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Article 265 TFUE – Action for failure to act brought against a national court or tribunal – Manifest lack of jurisdiction of the General Court of the European Union – Appeal manifestly unfounded
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Order of the Court (Sixth Chamber) of 17 February 2023 ECLI:EU:C:2023:133 |
Case C-586/22 P Pombo da Silva v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for failure to act – Failure of the European Commission to initiate proceedings for failure to fulfil obligations – Discretionary power of the Commission – Appeal manifestly unfounded
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Order of the Court (Eighth Chamber) of 17 February 2023 ECLI:EU:C:2023:125 |
Case C-592/22 P Novais v Portugal
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Article 265 TFEU – Action for failure to act brought against a national court or tribunal – Manifest lack of jurisdiction of the General Court of the European Union – Appeal manifestly unfounded
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Order of the Court (Sixth Chamber) of 17 February 2023 ECLI:EU:C:2023:131 |
Case C-681/22 P Olimp Laboratories v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 27 February 2023 ECLI:EU:C:2023:128 |
Case C-285/21 Dalarjo and Others v Renault Trucks Sasu
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Agreements, decisions and concerted practices – Actions for damages for infringements of the provisions of EU competition law – European Commission decision finding an infringement – Specialised trucks – Articulated dumper
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Order of the Court (Sixth Chamber) of 28 February 2023 ECLI:EU:C:2023:132 |
Case C-254/22 AW and PN v Caixabank
Reference for a preliminary ruling – Articles 53 and 99 of the Rules of Procedure of the Court – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Directive 2014/17/EU – Mortgage loan – Variable interest rate – Term providing for the application of an interest rate calculated on the basis of a mortgage loan reference index (IRPH) plus 0.50% – Criteria for assessing whether such a term is unfair – Requirements of good faith, balance and transparency – Consequences of a finding that the term is unfair
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Order of the Court (Ninth Chamber) of 28 February 2023 ECLI:EU:C:2023:134 |
Case C-596/22 J.O. v Kreis Gütersloh
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Environment – Assessment of the effects of certain public and private projects on the environment – Directive 2011/92/EU – Obligation to carry out an environmental impact assessment or a case-by-case examination – Cumulative effects of projects – Construction of a building for the rearing of broilers adjacent to similar buildings
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Order of the Court (Seventh Chamber) of 28 February 2023 ECLI:EU:C:2023:162 |
March 2023
Case C-31/21 Eurocostruzioni v Regione Calabria
Reference for a preliminary ruling – Structural Funds – Regulation (EC) No 1685/2000 – Eligibility of expenditure – Requirement of proof of payment – Receipted invoices – Accounting documents of equivalent probative value – Construction undertaken directly by the final beneficiary
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 13 October 2022
ECLI:EU:C:2022:776 |
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Judgment of the Court (First Chamber) of 2 March 2023
ECLI:EU:C:2023:136 |
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Case C-78/21 PrivatBank and Others v Finanšu un kapitāla tirgus komisija
Reference for a preliminary ruling – Articles 56 and 63 TFEU – Freedom to provide services – Free movement of capital – National measure imposing an obligation on a credit institution to terminate business relationships with non-nationals or no longer to enter into such relationships – Restriction – Article 65(1)(b) TFEU – Justification – Directive (EU) 2015/849 – Prevention of the use of the financial system for the purpose of money laundering and terrorist financing – Proportionality
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
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Opinion of Advocate General Kokott delivered on 29 September 2022
ECLI:EU:C:2022:738 |
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Judgment of the Court (First Chamber) of 2 March 2023
ECLI:EU:C:2023:137 |
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Case C-268/21 Norra Stockholm Bygg v Per Nycander
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 6(3) and (4) – Lawfulness of processing – Production of a document containing personal data in civil court proceedings – Article 23(1)(f) and (j) – Protection of judicial independence and judicial proceedings – Enforcement of civil law claims – Requirements to be complied with – Having regard to the interests of the data subjects – Balancing of the opposing interests involved – Article 5 – Minimisation of personal data – Charter of Fundamental Rights of the European Union – Article 7 – Right to respect for private life – Article 8 – Right to protection of personal data – Article 47 – Right to effective judicial protection – Principle of proportionality
Request for a preliminary ruling from the Högsta domstolen
Language of the case: Swedish
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Opinion of Advocate General Ćapeta delivered on 6 October 2022
ECLI:EU:C:2022:755 |
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Judgment of the Court (Third Chamber) of 2 March 2023
ECLI:EU:C:2023:145 |
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Case C-270/21 A (Nursery school teacher)
Reference for a preliminary ruling – Freedom of movement for workers – Recognition of professional qualifications in a Member State – Directive 2005/36/EC – Right to exercise the profession of nursery school teacher – Regulated profession – Right of access to the profession on the basis of a diploma issued in the home Member State – Professional qualification obtained in a third country
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
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Opinion of Advocate General Emiliou delivered on 8 September 2022
ECLI:EU:C:2022:658 |
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Judgment of the Court (Fourth Chamber) of 2 March 2023
ECLI:EU:C:2023:147 |
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Case C-394/21 Bursa Română de Mărfuri v ANRE
Reference for a preliminary ruling – Internal market for electricity – Directive 2009/72/EC – Regulation (EU) 2019/943 – Article 1(b) and (c) and Article 3 – Principles regarding the operation of electricity markets – Regulation (EU) 2015/1222 – Article 5(1) – Nominated electricity market operator – National legal monopoly for day-ahead and intraday trading services – National legislation providing for a monopoly for short-, medium- and long-term wholesale trading of electricity
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
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Opinion of Advocate General Rantos delivered on 29 September 2022
ECLI:EU:C:2022:743 |
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Judgment of the Court (Fifth Chamber) of 2 March 2023
ECLI:EU:C:2023:146 |
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Joined Cases C-410/21 and C-661/21 Criminal proceedings against FU and Others
Reference for a preliminary ruling – Migrant workers – Social security – Legislation applicable – Regulation (EC) No 987/2009 – Article 5 – A1 certificate – Provisional withdrawal – Binding effect – Certificate fraudulently obtained or relied on – Regulation (EC) No 883/2004 – Article 13(1)(b)(i) – Persons normally pursuing an activity as an employed person in two or more Member States – Applicability of the legislation of the Member State in which the registered office is situated – Concept of ‘registered office’ – Undertaking which has obtained a Community licence for transport under Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 – Effect – Licence fraudulently obtained or relied on
Requests for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
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Judgment of the Court (Second Chamber) of 2 March 2023
ECLI:EU:C:2023:138 |
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Case C-432/21 Commission v Poland (Forest management and good practice)
Failure of a Member State to fulfil obligations – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 6(1) to (3), Article 12(1)(a) to (d), Article 13(1)(a) and Article 16(1) – Directive 2009/147/EC – Conservation of wild birds – Article 4(1), Article 5(a), (b) and (d) and Article 9(1) – Forest management based on good practice – Forest management plans – Aarhus Convention – Access to justice – Article 6(1)(b) and Article 9(2) – Examination of the lawfulness, as regards the substance and procedure, of forest management plans – Right of environmental organisations to bring an action
Language of the case: Polish
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Judgment of the Court (Second Chamber) of 2 March 2023
ECLI:EU:C:2023:139 |
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Case C-477/21 IH v MÁV-START
Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Articles 3 and 5 – Daily rest and weekly rest – National legislation providing for a minimum weekly rest period of 42 hours – Obligation to grant daily rest – Rules for granting
Request for a preliminary ruling from the Miskolci Törvényszék
Language of the case: Hungarian
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Opinion of Advocate General Pitruzzella delivered on 13 October 2022
ECLI:EU:C:2022:778 |
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Judgment of the Court (Second Chamber) of 2 March 2023
ECLI:EU:C:2023:140 |
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Case C-664/21 Nec Plus Ultra Cosmetics v Republika Slovenija
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 138(1) – Exemptions for intra-community transactions – Supply of goods – Principles of tax neutrality, effectiveness and proportionality – Compliance with substantive requirements – Time limit for the submission of evidence
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
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Judgment of the Court (Tenth Chamber) of 2 March 2023
ECLI:EU:C:2023:142 |
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Case C-666/21 A v Åklagarmyndigheten
Reference for a preliminary ruling – Road transport – Regulation (EC) No 561/2006 – Scope – Article 2(1)(a) – Article 3(h) – Notion of ‘carriage by road of goods’ – Notion of ‘maximum permissible mass’ – Vehicle fitted out as a temporary private living space and for the non-commercial loading of goods – Regulation (EU) No 165/2014 – Tachographs – Article 23(1) – Requirement for regular inspections by approved workshops
Request for a preliminary ruling from the Hovrätten för Nedre Norrland
Language of the case: Swedish
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Opinion of Advocate General Emiliou delivered on 24 November 2022
ECLI:EU:C:2022:932 |
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Judgment of the Court (Third Chamber) of 2 March 2023
ECLI:EU:C:2023:149 |
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Case C-684/21 Papierfabriek Doetinchem v Sprick GmbH Bielefelder Papier- und Wellpappenwerk & Co.
Reference for a preliminary ruling – Intellectual property – Community designs – Regulation (EC) No 6/2002 – Article 8(1) – Features of appearance of a product dictated solely by its technical function – Criteria for assessment – Existence of alternative designs – Proprietor also holding a multitude of alternative protected designs – Multicolour appearance of a product not reflected in the registration of the design concerned
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
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Judgment of the Court (Tenth Chamber) of 2 March 2023
ECLI:EU:C:2023:141 |
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Case C-695/21 Recreatieprojecten Zeeland and Others v Belgische Staat
Reference for a preliminary ruling – Freedom to provide services – Article 56 TFEU – Restrictions on the freedom to provide services – Games of chance – Legislation of a Member State laying down a general ban on advertising by gaming establishments – Automatic derogation from that ban for establishments holding an operating licence issued by the authorities of that Member State – No possibility of derogation for establishments located in another Member State
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel
Language of the case: Dutch
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Judgment of the Court (Seventh Chamber) of 2 March 2023
ECLI:EU:C:2023:144 |
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Case C-760/21 Kwizda Pharma v Landeshauptmann von Wien
Reference for a preliminary ruling – Food safety – Food – Regulation (EU) No 609/2013 – Article 2(2)(g) – Concept of ‘food for special medical purposes’ – Other particular nutritional requirements – Nutritional requirements – Modification of the diet – Nutrients – Use under medical supervision – Ingredients not absorbed or metabolised in the alimentary canal – Distinction in relation to medicinal products – Distinction in relation to food supplements
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
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Judgment of the Court (Second Chamber) of 2 March 2023
ECLI:EU:C:2023:143 |
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Case C-16/22 Staatsanwaltschaft Graz v MS (Düsseldorf tax office for criminal tax matters)
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Directive 2014/41/EU – European Investigation Order – Article 1(1) – Concept of ‘judicial authority’ – Article 2(c) – Concept of ‘issuing authority’ – Order issued by a tax authority without being validated by a judge or public prosecutor – Tax authority assuming the rights and the obligations of the public prosecutor’s office in the context of a criminal tax investigation
Request for a preliminary ruling from the Oberlandesgericht Graz
Language of the case: German
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Judgment of the Court (Third Chamber) of 2 March 2023
ECLI:EU:C:2023:148 |
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Case C-682/20 P Les Mousquetaires and ITM Entreprises v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Decision of the European Commission ordering an inspection – Remedies against the conduct of the inspection – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Regulation (EC) No 1/2003 – Article 19 – Regulation (EC) No 773/2004 – Article 3 – Recording of interviews conducted by the Commission during its investigations – Starting point of the Commission’s investigation
Language of the case: French
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Opinion of Advocate General Pitruzzella delivered on 14 July 2022
ECLI:EU:C:2022:578 |
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Judgment of the Court (First Chamber) of 9 March 2023
ECLI:EU:C:2023:170 |
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Case C-690/20 P Casino, Guichard-Perrachon and AMC v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Decision of the European Commission ordering an inspection – Remedies against the conduct of the inspection – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Regulation (EC) No 1/2003 – Article 19 – Regulation (EC) No 773/2004 – Article 3 – Recording of interviews conducted by the Commission during its investigations – Starting point of the Commission’s investigation
Language of the case: French
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Opinion of Advocate General Pitruzzella delivered on 14 July 2022
ECLI:EU:C:2022:579 |
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Judgment of the Court (First Chamber) of 9 March 2023
ECLI:EU:C:2023:171 |
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Case C-693/20 P Intermarché Casino Achats v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Decision of the European Commission ordering an inspection – Remedies against the conduct of the inspection – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Regulation (EC) No 1/2003 – Article 19 – Regulation (EC) No 773/2004 – Article 3 – Recording of interviews conducted by the Commission during its investigations – Starting point of the Commission’s investigation
Language of the case: French
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Judgment of the Court (First Chamber) of 9 March 2023
ECLI:EU:C:2023:172 |
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Case C-46/21 P ACER v Aquind
Appeal – Energy – Regulation (EC) No 714/2009 – Article 17 – Request for exemption relating to an electrical interconnector – Refusal decision from the European Union Agency for the Cooperation of Energy Regulators (ACER) – Regulation (EC) No 713/2009 – Article 19 – Board of Appeal of ACER – Intensity of the review
Language of the case: English
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 15 September 2022
ECLI:EU:C:2022:695 |
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Judgment of the Court (Fifth Chamber) of 9 March 2023
ECLI:EU:C:2023:182 |
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Case C-119/21 P PlasticsEurope v ECHA
Appeal – Establishment of a list of substances subject to authorisation – List of substances identified for eventual inclusion in Annex XIV – Updating of the entry of the substance bisphenol A as ‘a substance of very high concern’
Language of the case: English
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Opinion of Advocate General Szpunar delivered on 8 September 2022
ECLI:EU:C:2022:655 |
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Judgment of the Court (Fourth Chamber) of 9 March 2023
ECLI:EU:C:2023:180 |
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Case C-354/21 R.J.R. v Registrų centras VĮ
Reference for a preliminary ruling – Judicial cooperation in civil matters – European Certificate of Succession – Regulation (EU) No 650/2012 – Article 1(2)(l) – Scope – Article 68 – Contents of the European Certificate of Succession – Article 69(5) – Effects of the European Certificate of Succession – Succession immovable property located in a Member State other than that of the succession – Registration of that immovable property in the land register of that Member State – Legal requirements for such registration under the law of that Member State – Implementing Regulation (EU) No 1329/2014 – Mandatory nature of Form V in Annex 5 to that implementing regulation
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
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Opinion of Advocate General Szpunar delivered on 14 July 2022
ECLI:EU:C:2022:587 |
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Judgment of the Court (Fifth Chamber) of 9 March 2023
ECLI:EU:C:2023:184 |
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Case C-375/21 Sdruzhenie 'Za Zemyata – dostap do pravosadie' and Others v Izpalnitelen director na Izpalnitelna agentsia po okolna sreda and 'TETS Maritsa iztok 2' EAD
Reference for a preliminary ruling – Environment – Ambient air quality – Directive 2008/50/EC – Articles 13 and 23 – Limit values for the protection of human health – Exceedance – Air quality plan – Directive 2010/75/EU – Integrated pollution prevention and control – Update of a permit to operate a power plant – Emission limit values – Article 15(4) – Application for a derogation setting less strict emission limit values – Significant pollution – Article 18 – Compliance with environmental quality standards – Obligations of the competent authority
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Opinion of Advocate General Kokott delivered on 22 September 2022
ECLI:EU:C:2022:713 |
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Judgment of the Court (Second Chamber) of 9 March 2023
ECLI:EU:C:2023:173 |
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Case C-571/21 RWE Power v Hauptzollamt Duisburg
Reference for a preliminary ruling – Taxation of energy products and electricity – Directive 2003/96/EC – Article 14(1)(a) – Second and third sentences of Article 21(3) – Electricity used to produce electricity and to maintain the ability to produce electricity – Exemption – Scope – Opencast mining operations – Electricity used in order to operate fuel bunkers and means of transport
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
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Opinion of Advocate General Rantos delivered on 13 October 2022
ECLI:EU:C:2022:780 |
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Judgment of the Court (Fifth Chamber) of 9 March 2023
ECLI:EU:C:2023:186 |
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Case C-604/21 Vapo Atlantic v ENSE
Reference for a preliminary ruling – Information procedure in the field of technical standards and regulations and of rules on Information Society services – Directive 98/34/EC – Article 1(4) – Concept of ‘other requirements’ – Article 1(11) – Concept of ‘technical regulation’ – Article 8(1) – Obligation on the Member States to notify the European Commission of any draft technical regulation – National provision providing for the incorporation of a certain percentage of biofuels into motor fuels – Third indent of Article 10(1) – Concept of ‘safeguard clause provided for in a binding EU act’ – Second subparagraph of Article 4(1) of Directive 2009/30/EC not included
Request for a preliminary ruling from the Tribunal Administrativo e Fiscal de Braga
Language of the case: Portuguese
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Judgment of the Court (Third Chamber) of 9 March 2023
ECLI:EU:C:2023:175 |
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Case C-725/21 SOMEO (anciennement PEARL STREAM) v Republika Slovenija
Reference for a preliminary ruling – Customs Union – Common Customs Tariff – Tariff classification – Combined Nomenclature – Subheading 9401 90 80 – Parts of seats for motor vehicles – Net for making pockets in the rear part of seats – Protection for the inside of seats
Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije
Language of the case: Slovene
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Judgment of the Court (Tenth Chamber) of 9 March 2023
ECLI:EU:C:2023:194 |
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Case C-752/21 JP v Otdel - Mitnichesko razsledvane i razuznavane
Reference for a preliminary ruling – Regulation (EU) No 952/2013 – Union Customs Code – Legal remedies – Judicial cooperation in criminal matters – Framework Decision 2005/212/JHA – Smuggled goods – Goods belonging to a third party seized in the course of administrative-offence proceedings – National legislation excluding that third party from the category of persons entitled to bring an action against the administrative penalty notice ordering the seizure
Request for a preliminary ruling from the Administrativen sad - Haskovo
Language of the case: Bulgarian
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Judgment of the Court (Eighth Chamber) of 9 March 2023
ECLI:EU:C:2023:179 |
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Case C-9/22 NJ and OZ v An Bord Pleanála and Others (Site of St Teresa’s Gardens)
Reference for a preliminary ruling – Environment – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Article 2(a) – Concept of ‘plans and programmes’ – Article 3(2)(a) – Environmental assessment – Non-statutory act prepared by a municipal council and a developer – Directive 2011/92/EU – Assessment of the effects of certain public and private projects on the environment – Article 3(1) – Obligation to identify, describe and assess in an appropriate manner, in the light of each individual case, the direct and indirect effects of a project – Binding ministerial guidelines on building height
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
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Judgment of the Court (Seventh Chamber) of 9 March 2023
ECLI:EU:C:2023:176 |
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Case C-42/22 Generali Seguros v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Exemption from VAT – Article 135(1)(a) – Exemption of insurance and reinsurance transactions – Article 136(a) – Exemption of supplies of goods used solely for an exempt activity – Concept of ‘insurance transactions’ – Resale of parts from written-off motor vehicles purchased from insured persons – Principle of fiscal neutrality
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
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Judgment of the Court (Ninth Chamber) of 9 March 2023
ECLI:EU:C:2023:183 |
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Case C-50/22 Sogefinancement v RW and UV
Reference for a preliminary ruling – Consumer protection – Directive 2008/48/EC – Credit agreements for consumers – Scope – Right of withdrawal – Article 14(7) – National provisions establishing a period of time during which the performance of the contract may not begin – National procedural rules governing how the national courts raise of their own motion and penalise breaches of those provisions – Article 23 – Effective, proportionate and dissuasive sanctions
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
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Judgment of the Court (Third Chamber) of 9 March 2023
ECLI:EU:C:2023:177 |
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Case C-177/22 JA v Wurth Automotive
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Jurisdiction over consumer contracts – Concept of ‘consumer’ – Conduct of the person claiming the status of consumer that may give rise to the impression, on the part of the other contracting party, that he or she is acting for professional purposes
Request for a preliminary ruling from the Landesgericht Salzburg
Language of the case: German
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Judgment of the Court (Ninth Chamber) of 9 March 2023
ECLI:EU:C:2023:185 |
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Case C-239/22 État belge and Promo 54 v Promo 54 and Belgian State
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 12(1) and (2) – Supply, before first occupation, of a building or parts of a building and of the land on which the building stands – No provisions in national law providing for detailed rules for applying the criterion relating to first occupation – Article 135(1)(j) – Exemptions – Supply, after conversion, of a building which was the subject of a first occupation before the conversion – National administrative legal commentary treating buildings which have undergone substantial conversions in the same way as new buildings
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
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Judgment of the Court (Eighth Chamber) of 9 March 2023
ECLI:EU:C:2023:181 |
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Case C-356/22 Pro Rauchfrei v JS eK
Reference for a preliminary ruling – Manufacture, presentation and sale of tobacco products – Directive 2014/40/EU – Labelling and packaging – Article 2(40) – Concept of ‘placing on the market’ – Article 8(3) – Health warnings to appear on each unit packet of a tobacco product and any outside packaging – Prohibition on hiding – Automatic vending machines for packets of cigarettes – Packets of cigarettes which are not visible from the outside
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Judgment of the Court (Fifth Chamber) of 9 March 2023
ECLI:EU:C:2023:174 |
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Case C-358/22 Bolloré logistics v Direction interrégionale des douanes et droits indirects de Caen and Others
Reference for a preliminary ruling – Customs union – Regulation (EEC) No 2913/92 – Community Customs Code – Article 195 – Article 217(1) – Article 221(1) – Common Customs Tariff – Obligations on the part of the guarantor of the debtor of a customs debt – Procedures for the communication of the customs debt – Duty corresponding to that debt which has not been lawfully communicated to the debtor – Whether the customs debt is payable by the joint and several guarantor
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
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Judgment of the Court (Seventh Chamber) of 9 March 2023
ECLI:EU:C:2023:178 |
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Case C-607/22 Eurowings v flightright (Non-existent flight)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Air transport – Regulation (EC) No 261/2004 – Common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Article 2 – Concept of ‘operating air carrier’ – Flight booked through a tour operator – Allegedly non-existent flight
Request for a preliminary ruling from the Landgericht Düsseldorf
Language of the case: German
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Order of the Court (Eighth Chamber) of 10 March 2023
ECLI:EU:C:2023:201 |
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Case C-611/22 P Illumina v Commission
Appeal – Intervention – Second paragraph of Article 40 of the Statute of the Court of Justice of the European Union – Interest in the result of the case – Competition – Concentrations – Pharmaceutical industry market – European Commission decision to examine a merger referred by the competition authority of a Member State – Commission decision accepting that the initial referral request be joined by other Member States – An association of undertakings active in the relevant sector with the purpose of defending the interests of its members – Allowed
Language of the case: English
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Order of the President of the Court of 10 March 2023
ECLI:EU:C:2023:205 |
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Case C-625/22 P Grail v Commission and Illumina
Appeal – Intervention – Second paragraph of Article 40 of the Statute of the Court of Justice of the European Union – Interest in the result of the case – Competition – Concentrations – Pharmaceutical industry market – European Commission decision to examine a merger referred by the competition authority of a Member State – Commission decision accepting that the initial referral request be joined by other Member States – Professional association not representative of the sector concerned – Rejected
Language of the case: English
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Order of the President of the Court of 10 March 2023
ECLI:EU:C:2023:227 |
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Joined Cases C-439/20 P and C-441/20 P Commission v Jiangsu Seraphim Solar System and Council v Jiangsu Seraphim Solar System
Appeal – Dumping – Imports of crystalline silicon photovoltaic modules and key components (i.e. cells) originating in or consigned from China – Implementing Regulation (EU) 2016/2146 withdrawing the acceptance of the undertaking for two exporting producers under Implementing Decision 2013/707/EU – Admissibility of the action at first instance – Fourth paragraph of Article 263 TFEU – Criterion of direct concern – Article 277 TFEU – Plea of illegality – Admissibility – Interest in bringing proceedings against the acts which served as the legal basis for the contested measure – Regulation (EU) 2016/1036 – Article 8(9) – Regulation (EU) 2016/1037 – Article 13(9) – Consequences of the withdrawal by the European Commission of acceptance of an undertaking – Implementing Regulation (EU) No 1238/2013 – Article 3 – Implementing Regulation (EU) No 1239/2013 – Article 2 – Loss of entitlement to exemption from duties – Implementing Regulation (EU) 2016/2146 – Article 2 – Invalidation of the undertaking invoices – Chargeability of duties on all the transactions concerned – Lack of retroactivity
Language of the case: English
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Opinion of Advocate General Pitruzzella delivered on 14 July 2022
ECLI:EU:C:2022:585 |
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Judgment of the Court (Fourth Chamber) of 16 March 2023
ECLI:EU:C:2023:211 |
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Case C-127/21 P American Airlines v Commission
Appeal – Regulation (EC) No 139/2004 – Concentrations between undertakings – Air transport market – Concentration declared compatible with the internal market – Commitments entered into by the parties to the concentration – Decision granting grandfathering rights – Concept of ‘appropriate use’
Language of the case: English
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Opinion of Advocate General Rantos delivered on 14 July 2022
ECLI:EU:C:2022:584 |
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Judgment of the Court (Third Chamber) of 16 March 2023
ECLI:EU:C:2023:209 |
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Case C-174/21 Commission v Bulgaria (Twofold failure to fulfil obligations – PM10 pollution)
Failure of a Member State to fulfil obligations – Directive 2008/50/EC – Ambient air quality – Judgment of the Court establishing a failure to fulfil obligations – Article 260(2) TFEU – Obligation to take the necessary measures to comply with such a judgment – Failure to fulfil that obligation alleged by the European Commission – Lack of clarity of the letter of formal notice as to whether the judgment still had to be complied with on the reference date – Principle of legal certainty – Inadmissibility
Language of the case: Bulgarian
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Opinion of Advocate General Kokott delivered on 17 November 2022
ECLI:EU:C:2022:903 |
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Judgment of the Court (Third Chamber) of 16 March 2023
ECLI:EU:C:2023:210 |
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Case C-339/21 Colt Technology Services and Others v Ministero della Giustizia and Others
Reference for a preliminary ruling – Electronic communications networks and services – Directive (EU) 2018/1972 – Article 13 – Conditions attached to the general authorisation – Annex I, Part A, point 4 – Enabling of legal interception by competent national authorities – Article 3 – General objectives – National legislation on the reimbursement of costs associated with interception activities that telecommunications operators are ordered by the judicial authorities to carry out – Absence of full reimbursement mechanism – Principles of non-discrimination, proportionality and transparency
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Opinion of Advocate General Collins delivered on 6 October 2022
ECLI:EU:C:2022:761 |
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Judgment of the Court (Fifth Chamber) of 16 March 2023
ECLI:EU:C:2023:214 |
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Case C-351/21 ZG v Beobank
Reference for a preliminary ruling – Approximation of laws – Payment services in the internal market – Directive 2007/64/EC – Article 47(1)(a) – Information for the payer after receipt of the payment order – Articles 58, 60 and 61 – Payment service provider’s liability for unauthorised transactions – Obligation of that service provider to refund unauthorised transactions to the payer – Framework contracts – Obligation of that service provider to provide that payer with information relating to the payee concerned
Request for a preliminary ruling from the Justice de paix du canton de Forest
Language of the case: French
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Opinion of Advocate General Szpunar delivered on 7 July 2022
ECLI:EU:C:2022:541 |
|
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Judgment of the Court (Fifth Chamber) of 16 March 2023
ECLI:EU:C:2023:215 |
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Joined Cases C-438/21 P to C-440/21 P Commission and Biogen Netherlands v EMA and EMA v Pharmaceutical Works Polpharma
Appeal – Public health – Medicinal products for human use – Directive 2001/83/EC – Regulation (EC) No 726/2004 – Application for marketing authorisation for a generic version of the medicinal product Tecfidera – Decision of the European Medicines Agency (EMA) not to validate the application for marketing authorisation – Earlier European Commission decision taking the view that Tecfidera was not covered by the same global marketing authorisation as Fumaderm – Previously authorised combination medicinal product – Subsequent marketing authorisation for a component of the combination medicinal product – Assessment of the existence of a global marketing authorisation
Language of the case: English
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Opinion of Advocate General Medina delivered on 6 October 2022
ECLI:EU:C:2022:758 |
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Judgment of the Court (Fourth Chamber) of 16 March 2023
ECLI:EU:C:2023:213 |
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Case C-449/21 Towercast v Autorité de la concurrence and Ministère de l’Économie
Reference for a preliminary ruling – Competition – Control of concentrations between undertakings – Regulation (EC) No 139/2004 – Article 21(1) – Exclusive application of that regulation to operations covered by the concept of ‘concentration’ – Scope – Concentration operation which has no Community dimension, is below the thresholds for mandatory ex ante control laid down in the law of a Member State and has not been referred to the European Commission – Control of such an operation by the competition authorities of that Member State in the light of Article 102 TFEU – Whether permissible
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
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Opinion of Advocate General Kokott delivered on 13 October 2022
ECLI:EU:C:2022:777 |
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Judgment of the Court (Second Chamber) of 16 March 2023
ECLI:EU:C:2023:207 |
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Case C-511/21 P Commission v Calhau Correia de Paiva
Appeal – Rules on languages – Open competition EPSO/AD/293/14 – Notice of competition – Limitation of the choice of the second language of the competition to English, French or German – Non-inclusion on the reserve list – Plea of illegality of the notice of competition – Admissibility
Language of the case: English
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Opinion of Advocate General Medina delivered on 17 November 2022
ECLI:EU:C:2022:902 |
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Judgment of the Court (Second Chamber) of 16 March 2023
ECLI:EU:C:2023:208 |
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Case C-522/21 MS v Saatgut-Treuhandverwaltung (KWS Meridian)
Reference for a preliminary ruling – Intellectual property – Protection of plant varieties – Regulation (EC) No 2100/94 – Derogation provided for in Article 14(3) – Article 94(2) – Infringement – Right to compensation – Regulation (EC) No 1768/95 – Article 18(2) – Compensation for damage – Minimum lump sum calculated on the basis of quadruple the licence fee – Competence of the European Commission – Invalidity
Request for a preliminary ruling from the Pfälzisches Oberlandesgericht
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 27 October 2022
ECLI:EU:C:2022:847 |
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Judgment of the Court (Fourth Chamber) of 16 March 2023
ECLI:EU:C:2023:218 |
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Case C-565/21 Caixabank v X (Loan arrangement fees)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Articles 3, 4 and 5 – Consumer contracts – Mortgage loans – Unfair terms – Term concerning loan arrangement fees – Application seeking a declaration of invalidity of that term and reimbursement of the amount paid on that basis – Plainness and intelligibility of the terms – Existence of specific national legislation
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Judgment of the Court (Fourth Chamber) of 16 March 2023
ECLI:EU:C:2023:212 |
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Case C-6/22 M.B. and Others (Effects of the invalidation of a contract)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Articles 6 and 7 – Effects of a declaration that a term is unfair – Mortgage loan agreement indexed to a foreign currency – Continued existence of the contract without unfair terms – Consumer’s wish to have the contract declared invalid – Application of the directive after the invalidation of the contract – Powers and obligations of the national court
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Woli w Warszawie
Language of the case: Polish
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Judgment of the Court (Sixth Chamber) of 16 March 2023
ECLI:EU:C:2023:216 |
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Case C-493/22 ARMAPROCURE v Ministerul Apărării Naţionale and BlueSpace TECHNOLOGY
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Public procurement – Directive 2009/81/EC – Article 55(4) – Article 57(2) – Interest in bringing proceedings – Access to the review procedures – Tenderer excluded from a public procurement procedure by a decision of the contracting authority that has become final – National regulation depriving such a tenderer of access to a means of appeal – No interest in bringing proceedings
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
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Order of the Court (Eighth Chamber) of 16 March 2023
ECLI:EU:C:2023:291 |
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Case C-100/21 QB v Mercedes-Benz Group (Liability of manufacturers of vehicles fitted with defeat devices)
Reference for a preliminary ruling – Approximation of laws – Approval of motor vehicles – Directive 2007/46/EC – Article 18(1) – Article 26(1) – Article 46 – Regulation (EC) No 715/2007 – Article 5(2) – Motor vehicles – Diesel engine – Pollutant emissions – Exhaust gas recirculation valve (EGR valve) – Reduction in nitrogen oxide (NOx) emissions limited by a ‘temperature window’ – Defeat device – Protection of the interests of an individual purchaser of a vehicle equipped with an unlawful defeat device – Right to compensation from the vehicle manufacturer on the basis of tortious liability – Method of calculating compensation – Principle of effectiveness – Article 267 TFEU – Admissibility – Reference to the Court from a single judge
Request for a preliminary ruling from the Landgericht Ravensburg
Language of the case: German
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Opinion of Advocate General Rantos delivered on 2 June 2022
ECLI:EU:C:2022:420 |
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Judgment of the Court (Grand Chamber) of 21 March 2023
ECLI:EU:C:2023:229 |
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Case C-640/20 P PV v Commission
Appeal – Civil service – Psychological harassment – Medical opinions – Unjustified absences – Remuneration – Staff Regulations of Officials of the European Union – Article 11a – Conflict of interests – Article 21a – Manifestly illegal order – Article 23 – Compliance with laws and police regulations – Disciplinary procedure – Removal from post – Withdrawal of removal – New disciplinary procedure – Fresh removal from post
Language of the case: French
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Opinion of Advocate General Pikamäe delivered on 29 September 2022
ECLI:EU:C:2022:736 |
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Judgment of the Court (First Chamber) of 23 March 2023
ECLI:EU:C:2023:232 |
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Case C-365/21 Criminal proceedings against MR (Reservation in relation to the principle ne bis in idem)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Convention implementing the Schengen Agreement – Article 54 – Principle ne bis in idem – Article 55(1)(b) – Exception to the application of the principle ne bis in idem – Offence against the security or other essential interests of the Member State – Article 50 of the Charter of Fundamental Rights of the European Union – Principle ne bis in idem – Article 52(1) – Limitations to the principle ne bis in idem – Compatibility of a national declaration providing for an exception to the principle ne bis in idem – Criminal organisation – Financial crime
Request for a preliminary ruling from the Oberlandesgericht Bamberg
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 20 October 2022
ECLI:EU:C:2022:823 |
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Judgment of the Court (Fifth Chamber) of 23 March 2023
ECLI:EU:C:2023:236 |
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Case C-412/21 Dual Prod v DGRFP Cluj-Napoca
Reference for a preliminary ruling – Excise duties – Directive 2008/118/EC – Paragraph 16(1) – Authorisation to operate as a tax warehouse for products subject to excise duty – Successive suspension measures – Whether criminal in nature – Articles 48 and 50 of the Charter of Fundamental Rights of the European Union – Principle of the presumption of innocence – Principle ne bis in idem – Proportionality
Request for a preliminary ruling from the Tribunalul Satu Mare
Language of the case: Romanian
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Opinion of Advocate General Collins delivered on 20 October 2022
ECLI:EU:C:2022:821 |
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Judgment of the Court (Fourth Chamber) of 23 March 2023
ECLI:EU:C:2023:234 |
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Joined Cases C-514/21 and C-515/21 LU and PH (Lifting of the suspension)
Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Surrender procedure between the Member States – Conditions for execution – Grounds for optional non-execution – Article 4a(1) – Warrant issued for the purpose of executing a custodial sentence – Concept of ‘trial resulting in the decision’ – Scope – First conviction, with a suspension – Second conviction – Absence of the person concerned at the trial – Revocation of the suspension – Rights of the defence – Convention for the Protection of Human Rights and Fundamental Freedoms – Article 6 – Charter of Fundamental Rights of the European Union – Articles 47 and 48 – Infringement – Consequences
Requests for a preliminary ruling from the Court of Appeal
Language of the case: English
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Opinion of Advocate General Ćapeta delivered on 27 October 2022
ECLI:EU:C:2022:848 |
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Judgment of the Court (Fourth Chamber) of 23 March 2023
ECLI:EU:C:2023:235 |
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Case C-574/21 QT v 02 Czech Republic
Reference for a preliminary ruling – Self-employed commercial agents – Directive 86/653/EEC – Article 17(2)(a) – Termination of the agency contract – Entitlement of the commercial agent to an indemnity – Conditions for granting – Equitable indemnity – Assessment – Concept of ‘commission lost by the commercial agent’ – Commission on future transactions – New customers brought by the commercial agent – Existing customers with whom the commercial agent has significantly increased the volume of business – One-off commission payments
Request for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
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Opinion of Advocate General Ćapeta delivered on 24 November 2022
ECLI:EU:C:2022:931 |
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Judgment of the Court (Third Chamber) of 23 March 2023
ECLI:EU:C:2023:233 |
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Case C-653/21 Syndicat Uniclima v Ministre de l'Intérieur
Reference for a preliminary ruling – Internal market – Harmonisation of the laws of the Member States relating to machinery, electrical equipment and pressure equipment – Directive 2006/42/EC – Directive 2014/35/EU – Directive 2014/68/EU – ‘CE marking’ – Imposition, by national regulations, of requirements additional to the essential safety requirements laid down by those directives – Conditions – National safety regulations to counter the risks of fire and panic in establishments open to the public
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Judgment of the Court (Eighth Chamber) of 23 March 2023
ECLI:EU:C:2023:238 |
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Case C-662/21 Proceedings brought by Booky.fi
Reference for a preliminary ruling – Articles 34 and 36 TFEU – Free movement of goods – Measure having equivalent effect to a quantitative restriction – Recordings of audiovisual programmes – Online sale – Legislation of a Member State requiring classification according to age and labelling of programmes – Protection of minors – Recordings already classified and labelled in another Member State – Proportionality
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
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Judgment of the Court (Tenth Chamber) of 23 March 2023
ECLI:EU:C:2023:239 |
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Case C-30/22 DV v Direktor na Teritorialno podelenie na Natsionalnia osiguritelen institut-Veliko Tarnovo
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Migrant workers – Unemployment – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Social security – Article 30 – Determination of entitlement to unemployment benefits – Regulation (EC) No 883/2004 – Article 65(2) – Member State national who has been employed in the United Kingdom – Termination of his or her employment contract after the United Kingdom’s withdrawal and the end of the transition period set by that agreement – Entitlement of that national to unemployment benefit under the legislation of that Member State upon his or her return to that Member State
Request for a preliminary ruling from the Administrativen sad Veliko Tarnovo
Language of the case: Bulgarian
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Order of the Court (Seventh Chamber) of 24 March 2023
ECLI:EU:C:2023:259 |
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Case C-34/21 Hauptpersonalrat der Lehrerinnen und Lehrer v Minister des Hessischen Kultusministeriums
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 88(1) and (2) – Processing of data in the employment context – Regional school system – Teaching by videoconference due to the COVID-19 pandemic – Implementation without the express consent of teachers
Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 22 September 2022
ECLI:EU:C:2022:710 |
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Judgment of the Court (First Chamber) of 30 March 2023
ECLI:EU:C:2023:270 |
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Case C-338/21 Staatssecretaris van Justitie en Veiligheid v S.S. and N.Z. (Transfer time limit – Trafficking in human beings)
Reference for a preliminary ruling – Regulation (EU) No 604/2013 – Determination of the Member State responsible for examining an application for international protection – Article 27 – Appeal against a transfer decision taken in respect of an asylum seeker – Article 29 – Suspension of implementation of the transfer decision – Transfer time limit – Interruption of the transfer time limit – Directive 2004/81/EC – Residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities – Article 6 – Reflection period – Prohibition on enforcing an expulsion order – Remedies
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Opinion of Advocate General Richard de la Tour delivered on 17 November 2022
ECLI:EU:C:2022:900 |
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Judgment of the Court (First Chamber) of 30 March 2023
ECLI:EU:C:2023:269 |
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Case C-556/21 Staatssecretaris van Justitie en Veiligheid v E.N. and Others (Suspension of the transfer time limit on appeal)
Reference for a preliminary ruling – Regulation (EU) No 604/2013 – Determination of the Member State responsible for examining an application for international protection – Article 27 – Appeal against a decision to transfer an asylum seeker – Article 29 – Transfer time limit – Suspension of that time limit on appeal – Interim measure requested by the authorities
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Opinion of Advocate General Richard de la Tour delivered on 17 November 2022
ECLI:EU:C:2022:901 |
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Judgment of the Court (First Chamber) of 30 March 2023
ECLI:EU:C:2023:272 |
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Case C-612/21 Gmina O. v Dyrektor Krajowej Informacji Skarbowej
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(a) and (c) – Supply of goods and services for consideration – Article 9(1) – Meanings of ‘taxable person’ and ‘economic activity’ – Municipality which organises the installation of renewable energy on its territory for its residents who own immovable property and who have expressed the wish to be equipped with renewable energy systems – Their contribution amounting to 25% of the subsidisable costs, without being able to exceed a maximum value agreed between the municipality and the interested property owner – Reimbursement of the municipality by a subsidy from the competent provincial authority of 75% of the subsidisable costs – Article 13(1) – Municipalities not subject to tax for the activities or transactions carried out as public authorities
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Opinion of Advocate General Kokott delivered on 10 November 2022
ECLI:EU:C:2022:874 |
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Judgment of the Court (Seventh Chamber) of 30 March 2023
ECLI:EU:C:2023:279 |
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Case C-616/21 Dyrektor Krajowej Informacji Skarbowej v Gmina L.
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Supply of services for consideration – Article 9(1) – Meanings of ‘taxable person’ and ‘economic activity’ – Municipality which arranges for asbestos removal for the benefit of its residents who own immovable property and who have expressed the wish for that – Reimbursement of the municipality by a subsidy from the competent provincial authority of 40% to 100% of the costs – Article 13(1) – Municipalities not subject to tax for the activities or transactions carried out as public authorities
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Opinion of Advocate General Kokott delivered on 10 November 2022
ECLI:EU:C:2022:875 |
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Judgment of the Court (Seventh Chamber) of 30 March 2023
ECLI:EU:C:2023:280 |
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Case C-618/21 AR and Others v PK and Others (Direct action against the insurer)
Reference for a preliminary ruling – Approximation of laws – Insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Article 3 – Compulsory insurance of vehicles – Article 18 – Direct right of action – Scope – Determination of the amount of compensation – Hypothetical costs – Possibility of making the payment of compensation subject to certain conditions – Sale of the vehicle
Request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie
Language of the case: Polish
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Opinion of Advocate General Richard de la Tour delivered on 15 December 2022
ECLI:EU:C:2022:1004 |
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Judgment of the Court (Fifth Chamber) of 30 March 2023
ECLI:EU:C:2023:278 |
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Case C-651/21 Proceedings brought by М. Ya. M. (Co-heir's waiver of succession)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Measures relating to the law on succession – Regulation (EU) No 650/2012 – Article 13 – Declaration concerning the waiver of a succession made by an heir before the court of the Member State of his or her habitual residence – Subsequent registration of that declaration, at the request of another heir, in the register of another Member State
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
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Opinion of Advocate General Szpunar delivered on 10 November 2022
ECLI:EU:C:2022:876 |
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Judgment of the Court (Tenth Chamber) of 30 March 2023
ECLI:EU:C:2023:277 |
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Case C-5/22 Green Network v SF and Others (Order for repayment of costs)
Reference for a preliminary ruling – Internal market in electricity – Directive 2009/72/EC – Article 37 – Annex I – Duties and powers of the national regulatory authority – Consumer protection – Administrative management costs – Power of the national regulatory authority to order the repayment of sums paid by final customers pursuant to contractual terms that have been penalised by that authority
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Fifth Chamber) of 30 March 2023
ECLI:EU:C:2023:273 |
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Case C-269/22 IP and Others (Establishment of the accuracy of the facts in the main proceedings - II)
Reference for a preliminary ruling – Article 267 TFEU – The second paragraph of Article 47 and Article 48(1) of the Charter of Fundamental Rights of the European Union – Right to a fair trial – Right to the presumption of innocence – Account of the factual context in a request for a preliminary ruling in criminal matters – Establishment of the accuracy of certain facts in order to be able to make an admissible request for a preliminary ruling to the Court – Compliance with the procedural safeguards provided for under national law for judgments on the merits
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
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Judgment of the Court (Eighth Chamber) of 30 March 2023
ECLI:EU:C:2023:275 |
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Case C-343/22 PT v VB (Order for payment under Swiss law)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Lugano II Convention – Procedure on the recognition and enforcement of judgments – Article 34(2) – Document which institutes the proceedings in the State of origin – Due notification of an order for payment followed by improper service of a request for an action for repayment under Swiss law
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 30 March 2023
ECLI:EU:C:2023:276 |
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Information (on unpublished decisions)
Case C-91/22 Edison Next v Ministero della Transizione Ecologica and Others
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirements to set out the factual context of the dispute in the main proceedings and the reasons justifying the need for an answer from the Court to the questions referred for a preliminary ruling – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Tenth Chamber) of 1 March 2023 ECLI:EU:C:2023:161 |
Case C-92/22 Edison Next v Ministero della Transizione Ecologica and Others
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirements to set out the factual context of the dispute in the main proceedings and the reasons justifying the need for an answer from the Court to the questions referred for a preliminary ruling – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Tenth Chamber) of 1 March 2023 ECLI:EU:C:2023:164 |
Case C-93/22 Edison Next v Ministero della Transizione Ecologica and Others
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirements to set out the factual context of the dispute in the main proceedings and the reasons justifying the need for an answer from the Court to the questions referred for a preliminary ruling – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Tenth Chamber) of 1 March 2023 ECLI:EU:C:2023:163 |
Case C-94/22 Gruppo Mauro Saviola v Ministero della Transizione Ecologica and Comitato nazionale per la gestione della Direttiva 2003/87/CE
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirements to set out the factual context of the dispute in the main proceedings and the reasons justifying the need for an answer from the Court to the questions referred for a preliminary ruling – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Tenth Chamber) of 1 March 2023 ECLI:EU:C:2023:165 |
Joined Cases C-198/22 and C-199/22 QJ and IP v Deutsche Bank (Cartel – Euro interest rate derivatives)
References for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Article 101 TFEU – Directive 2014/104/EU – Article 10 – Scope ratione temporis – Actions for damages for infringements of EU competition law provisions – Limitation period – Infringement committed before the entry into force of the directive – Consumer protection
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Order of the Court (Sixth Chamber) of 6 March 2023 ECLI:EU:C:2023:166 |
Case C-561/22 Willy Hermann Service and DI v Präsidentin des Landesgerichts Feldkirch
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 2013/34/EU – Articles 30 and 51 – Publication of financial statements – Penalties for failure to publish – Imposition of periodic penalty payments by a civil court – Administrative procedure for the recovery of those periodic penalty payments, which have become final – Legislation precluding the review of those periodic penalty payments by an administrative court – Res judicata – Principle of effectiveness – Proportionality
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Order of the Court (Ninth Chamber) of 7 March 2023 ECLI:EU:C:2023:167 |
Case C-605/22 P Hijos de Moisés Rodríguez González v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 8 March 2023 ECLI:EU:C:2023:199 |
Case C-714/21 P Grossetête v Parliament
Appeal – Law governing the institutions – Rules governing the payment of expenses and allowances to Members of the European Parliament – Amendment of the additional voluntary pension scheme – Individual decision fixing additional voluntary pension rights – Plea of illegality – Competence of the Bureau of the Parliament – Rights acquired or in the process of being acquired – Proportionality – Equal treatment – Legal certainty
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Judgment of the Court (Tenth Chamber) of 9 March 2023 ECLI:EU:C:2023:187 |
Joined Cases C-715/21 P and C-716/21 P Galeote and Watson v Parliament
Appeal – Law governing the institutions – Rules governing the payment of expenses and allowances to Members of the European Parliament – Amendment of the additional voluntary pension scheme – Individual decision fixing additional voluntary pension rights – Plea of illegality – Competence of the Bureau of the Parliament – Rights acquired or in the process of being acquired – Proportionality – Equal treatment – Legal certainty
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Judgment of the Court (Tenth Chamber) of 9 March 2023 ECLI:EU:C:2023:190 |
Case C-141/23 P(R)-R Telefónica de España v Commission
Interim relief – Articles 278 and 279 TFEU – Appeal – Application for suspension of operation and other interim measures – Public procurement – Article 160(7) of the Rules of Procedure of the Court of Justice
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Order of the Vice-President of the Court of 14 March 2023 ECLI:EU:C:2023:292 |
Case C-517/20 Criminal proceedings against OL (Extension of Italian licences)
Reference for a preliminary ruling – Articles 49 and 56 TFEU – Betting and gaming – Licences for the collection of bets – Extension of licences already granted – Regularisation of data transmission centres carrying out that activity in the absence of a licence and police authorisation – Extension of the rights derived from that regularisation – Limited period
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Judgment of the Court (Ninth Chamber) of 16 March 2023 ECLI:EU:C:2023:219 |
Case C-696/21 P GABO:mi v Commission
Appeal – Arbitration clause – Sixth and seventh framework programmes for research, technological development and demonstration activities (2002-2006 and 2007-2013) – ‘Horizon 2020’ Framework Programme for Research and Innovation (2014-2020) – Eligible costs – Set-off of claims – Claim for reimbursement – Admissibility of the application – Article 76(d) of the Rules of Procedure of the General Court of the European Union – Requirement of clarity and precision
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Judgment of the Court (Seventh Chamber) of 16 March 2023 ECLI:EU:C:2023:217 |
Case C-552/22 P Asociación de Delineantes de Hacienda v Spain
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Recognition of professional qualifications – Directive 2005/36/EC – Allegedly late and improper transposition – Action for non-contractual damages brought against a Member State – Manifest lack of jurisdiction
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Order of the Court (Sixth Chamber) of 17 March 2023 ECLI:EU:C:2023:252 |
Case C-781/22 P-R LE v Commission
Interim measures – Articles 278, 279 and 299 TFEU – Appeal – Application for suspension of operation and for other interim measures – Debit notes issued by the European Commission for the recovery of grants awarded by contract – Urgency – Pecuniary damage
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Order of the Vice-President of the Court of 17 March 2023 ECLI:EU:C:2023:226 |
Case C-739/22 P(R) Xpand Consortium and Others v Commission
Appeal – Interim relief – Public procurement – Application for interim measures – Admissibility of new claims – Interest in bringing proceedings – Initiation of a new proceeding – Loss of subject matter of the application for interim measures put forward at first instance
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Order of the Vice-President of the Court of 20 March 2023 ECLI:EU:C:2023:228 |
Case C-788/22 P Louis Vuitton Malletier v EUIPO
Appeal – EU trade mark – Chamber determining whether appeals may proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 21 March 2023 ECLI:EU:C:2023:231 |
Case C-70/21 Commission v Greece (Limit values – PM10)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Article 13(1) – Annex XI – Systematic and persistent exceedance of the daily limit value for microparticles (PM10) in the conurbation of Thessaloniki (EL0004) – Article 23(1) – Annex XV – Exceedance period to be ‘as short as possible’ – Appropriate measures
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Judgment of the Court (Sixth Chamber) of 23 March 2023 ECLI:EU:C:2023:237 |
Case C-79/22 P-OST Correia de Matos v Commission
Failure to adjudicate – Article 155 of the Rules of Procedure of the Court of Justice – No failure to adjudicate – Manifest inadmissibility
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Order of the Court (Tenth Chamber) of 23 March 2023 ECLI:EU:C:2023:258 |
Case C-732/22 P G-Core Innovations v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 23 March 2023 ECLI:EU:C:2023:253 |
Case C-735/22 P Primagran v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 24 March 2023 ECLI:EU:C:2023:261 |
Case C-34/22 VN v Belgische Staat
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court – Freedom to provide services – Free movement of capital – Restrictions – Tax legislation – Income tax – Tax exemption limited to interest paid by banks satisfying certain legal conditions – Indirect discrimination – Credit institutions established in Belgium and credit institutions established in another Member State of the European Union or of the European Economic Area
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Order of the Court (Sixth Chamber) of 27 March 2023 ECLI:EU:C:2023:263 |
Case C-785/22 P-R Eulex Kosovo v SC
Interim relief – Article 278 TFEU – Appeal – Application for suspension of operation of a measure – Judgment of the General Court of the European Union given by default – Urgency – Pecuniary damage
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Order of the Vice-President of the Court of 28 March 2023 ECLI:EU:C:2023:262 |
Case C-676/20 ASADE v Consejería de Sanidad de la Diputación General de Aragón
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice – Purely internal situation – Public procurement – Directive 2014/24/EU – Articles 74 to 77 – Provision of social and health services – Use of concerted action agreements with private non-profit organisations – Services in the internal market – Directive 2006/123/EC – Scope – Article 2(2)(f) and (j)
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Order of the Court (Ninth Chamber) of 31 March 2023 ECLI:EU:C:2023:289 |
Case C-485/22 P KO v Council and Others
Appeal – Application for legal aid – Article 53(2) of the Rules of Procedure of the Court of Justice – Decision of the General Court of the European Union from which no appeal lies – Manifest lack of jurisdiction
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Order of the Court (Sixth Chamber) of 31 March 2023 ECLI:EU:C:2023:286 |
Case C-486/22 P KM v Council and Others
Appeal – Application for legal aid – Article 53(2) of the Rules of Procedure of the Court of Justice – Decision of the General Court of the European Union from which no appeal lies – Manifest lack of jurisdiction
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Order of the Court (Sixth Chamber) of 31 March 2023 ECLI:EU:C:2023:287 |
Case C-487/22 P KR v Council and Others
Appeal – Application for legal aid – Article 53(2) of the Rules of Procedure of the Court of Justice – Decision of the General Court of the European Union from which no appeal lies – Manifest lack of jurisdiction
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Order of the Court (Sixth Chamber) of 31 March 2023 ECLI:EU:C:2023:288 |
Case C-488/22 P KQ v Council and Others
Appeal – Application for legal aid – Article 53(2) of the Rules of Procedure of the Court of Justice – Decision of the General Court of the European Union from which no appeal lies – Manifest lack of jurisdiction
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Order of the Court (Sixth Chamber) of 31 March 2023 ECLI:EU:C:2023:284 |
Case C-489/22 P VZ v Council and Others
Appeal – Application for legal aid – Article 53(2) of the Rules of Procedure of the Court of Justice – Decision of the General Court of the European Union from which no appeal lies – Manifest lack of jurisdiction
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Order of the Court (Sixth Chamber) of 31 March 2023 ECLI:EU:C:2023:282 |
Case C-490/22 P KN v Council and Others
Appeal – Application for legal aid – Article 53(2) of the Rules of Procedure of the Court of Justice – Decision of the General Court of the European Union from which no appeal lies – Manifest lack of jurisdiction
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Order of the Court (Sixth Chamber) of 31 March 2023 ECLI:EU:C:2023:285 |
Case C-491/22 P KP v Council and Others
Appeal – Application for legal aid – Article 53(2) of the Rules of Procedure of the Court of Justice – Decision of the General Court of the European Union from which no appeal lies – Manifest lack of jurisdiction
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Order of the Court (Sixth Chamber) of 31 March 2023 ECLI:EU:C:2023:283 |
Case C-141/23 P(R) Telefónica de España v Commission
Interim relief – Articles 278 and 279 TFEU – Appeal – Application for suspension of operation and other interim measures – Public procurement – Confidentiality
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Order of the Vice-President of the Court of 31 March 2023 ECLI:EU:C:2023:290 |
Case C-141/23 P(R)-R Telefónica de España v Commission
Interim relief – Articles 278 and 279 TFEU – Appeal – Application for suspension of operation and other interim measures – Public procurement – Confidentiality
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Order of the Vice-President of the Court of 31 March 2023 ECLI:EU:C:2023:293 |
April 2023
Case C-699/21 E.D.L. (Ground for refusal based on illness)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 23(4) – Surrender procedures between Member States – Grounds for non-execution – Article 4(3) TEU – Duty of sincere cooperation – Postponement of the execution of the European arrest warrant – Article 4 of the Charter of Fundamental Rights of the European Union – Prohibition of inhuman or degrading treatment – Serious, chronic and potentially irreversible illness – Risk of serious harm to health affecting the person concerned by the European arrest warrant
Request for a preliminary ruling from the Corte costituzionale
Language of the case: Italian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 1 December 2022
ECLI:EU:C:2022:955 |
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Judgment of the Court (Grand Chamber) of 18 April 2023
ECLI:EU:C:2023:295 |
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Case C-751/22 P Shopify v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal allowed to proceed
Language of the case: English
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Order of the Court (Chamber determining whether appeals may proceed) of 18 April 2023
ECLI:EU:C:2023:328 |
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Case C-1/23 PPU X and Others v Belgian State
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Border controls, asylum and immigration – Immigration policy – Directive 2003/86/EC – Right to family reunification – Article 5(1) – Submission of an application for entry and residence for the purposes of exercising the right to family reunification – Legislation of a Member State requiring the sponsor’s family members to submit the application in person to the competent diplomatic post of that Member State – Impossibility or excessive difficulty to reach that post – Charter of Fundamental Rights of the European Union – Articles 7 and 24
Request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles
Language of the case: French
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Opinion of Advocate General Pitruzzella delivered on 9 March 2023
ECLI:EU:C:2023:193 |
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Judgment of the Court (Third Chamber) of 18 April 2023
ECLI:EU:C:2023:296 |
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Case C-25/21 ZA and Others v Repsol Comercial de Productos Petrolíferos
Reference for a preliminary ruling – Competition – Vertical restrictions of competition – Article 101(1) and (2) TFEU – Principle of effectiveness – Regulation (EC) No 1/2003 – Article 2 – Directive 2014/104/EU – Article 9(1) – Binding effect of the final decisions of the national competition authorities finding an infringement of the competition law rules – Temporal and material application – Actions for damages and for a declaration of nullity for infringements of the EU competition law provisions
Request for a preliminary ruling from the Juzgado de lo Mercantil de Madrid
Language of the case: Spanish
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Opinion of Advocate General Pitruzzella delivered on 8 September 2022
ECLI:EU:C:2022:659 |
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Judgment of the Court (First Chamber) of 20 April 2023
ECLI:EU:C:2023:298 |
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Case C-144/21 Parliament v Commission (Autorisation of a substance of very high concern)
Intervention – Article 40 of the Statute of the Court of Justice of the European Union – Application by an agency of the European Union – Standing to intervene in a case between institutions of the Union – Interest in the result of the case – Allowed
Language of the case: English
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Opinion of Advocate General Pitruzzella delivered on 27 October 2022
ECLI:EU:C:2022:846 |
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Judgment of the Court (Fourth Chamber) of 20 April 2023
ECLI:EU:C:2023:302 |
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Case C-291/21 Proceedings brought by Starkinvest
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 655/2014 – European Account Preservation Order procedure – Conditions for issuing a preservation order – Article 4 – Concept of ‘judgment’ – Article 7 – Concept of ‘judgment requiring the debtor to pay the creditor’s claim’ – Judgment ordering a party to make a penalty payment for breach of a prohibitory order – Regulation (EU) No 1215/2012 – Article 55 – Scope
Request for a preliminary ruling from the Tribunal de première instance de Liège
Language of the case: French
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Opinion of Advocate General Szpunar delivered on 20 October 2022
ECLI:EU:C:2022:819 |
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Judgment of the Court (Second Chamber) of 20 April 2023
ECLI:EU:C:2023:299 |
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Case C-329/21 DIGI Communications v Nemzeti Média- és Hírközlési Hatóság Hivatala
Reference for a preliminary ruling – Telecommunications – Electronic communications networks and services – Directive 2002/21/EC (Framework Directive) – Article 4(1) – Directive 2002/20/EC (Authorisation Directive) – Article 7 – Award of rights to use frequencies – Auction procedure – Holding company not registered as a provider of electronic communications services in the Member State concerned – Exclusion from the award procedure – Right of appeal against the award decision
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Opinion of Advocate General Pitruzzella delivered on 20 October 2022
ECLI:EU:C:2022:822 |
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Judgment of the Court (Fifth Chamber) of 20 April 2023
ECLI:EU:C:2023:303 |
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Case C-580/21 EEW Energy from Waste v MNG Mitteldeutsche Netzgesellschaft Strom
Reference for a preliminary ruling – Environment – Directive 2009/28/EC – Promotion of energy from renewable energy sources – Article 16(2)(c) – Access to transmission and distribution grids – Priority access of electricity produced from renewable energy sources – Production from both renewable and conventional energy sources
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Rantos delivered on 17 November 2022
ECLI:EU:C:2022:904 |
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Judgment of the Court (Fifth Chamber) of 20 April 2023
ECLI:EU:C:2023:304 |
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Case C-650/21 FW and EC v Landespolizeidirektion Niederösterreich and Finanzamt Österreich
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Prohibition of discrimination on grounds of age – Remuneration of civil servants – Previous national legislation found to be discriminatory – Grading under a new system of remuneration by reference to seniority fixed under a previous system of remuneration – Correction of that seniority by determining a comparison reference date – Discriminatory nature of the new grading – Rule placing older officials at a disadvantage
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Judgment of the Court (Second Chamber) of 20 April 2023
ECLI:EU:C:2023:300 |
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Case C-772/21 Brink's Lithuania v Lietuvos bankas
Reference for a preliminary ruling – Protection of the euro against counterfeiting – Regulation (EC) No 1338/2001 – Article 6(1) – Payment service providers engaged in the processing of banknotes and their distribution to the public – Decision ECB/2010/14 – Article 6(2) – Detection of unfit euro banknotes – Automated fitness checking of banknotes – Minimum standards published on the website of the European Central Bank (ECB) and amended from time to time – Personal scope – Extent of cash handlers’ obligations – Binding force – Principle of legal certainty
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
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Opinion of Advocate General Medina delivered on 15 December 2022
ECLI:EU:C:2022:1005 |
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Judgment of the Court (Fifth Chamber) of 20 April 2023
ECLI:EU:C:2023:305 |
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Joined Cases C-775/21 and C-826/21 Blue Air Aviation v UCMR and UPFR v SNTFC
Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Directive 2001/29/EC – Article 3(1) – Communication to the public – Concept – Broadcasting of background music – Directive 2006/115/EC – Article 8(2) – Equitable remuneration – Mere provision of physical facilities – Sound equipment on board trains and aircraft – Presumption of communication to the public
Requests for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
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Judgment of the Court (Sixth Chamber) of 20 April 2023
ECLI:EU:C:2023:307 |
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Case C-815/21 P Amazon.com and Others v Commission
Appeal – Competition – Article 102 TFEU – Abuse of dominant position – Online sales – Regulation (EC) No 773/2004 – Article 2(1) – European Commission decision to initiate an investigation – Territorial scope of the investigation – Exclusion of Italy – Allocation of competence between the Commission and the competition authorities of the Member States – Regulation (EC) No 1/2003 – Article 11(6) – The competition authorities of the Member States being relieved of their competence – Protection against proceedings conducted in parallel by the competition authorities of the Member States and by the Commission – Action for annulment – Act not open to challenge – Act not producing legal effects vis-à-vis third parties – Preparatory act – Inadmissibility
Language of the case: English
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Judgment of the Court (Seventh Chamber) of 20 April 2023
ECLI:EU:C:2023:308 |
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Case C-52/22 BF v BVAEB (Adjustment of retirement pensions)
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Prohibition of discrimination on grounds of age – Article 2(1) and (2)(a) – Article 6(1) – Retirement pension – National legislation providing for a gradual alignment of the pension scheme for civil servants with the general pension scheme – First adjustment of the amount of the pension being made more quickly for one category of civil servants than for another – Justification
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 20 April 2023
ECLI:EU:C:2023:309 |
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Case C-263/22 Ocidental – Companhia Portuguesa de Seguros de Vida v LP
Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Articles 3 to 6 – Criteria for assessing the unfairness of a contractual term – Requirement of transparency – Group insurance contract – Permanent invalidity of the consumer – Duty to provide information – Non-disclosure of a term limiting or excluding cover against the insured risk
Request for a preliminary ruling from the Supremo Tribunal de Justiça
Language of the case: Portuguese
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Judgment of the Court (Ninth Chamber) of 20 April 2023
ECLI:EU:C:2023:311 |
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Case C-282/22 Dyrektor Krajowej Informacji Skarbowej v P. w W.
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Articles 14, 15 and 24 – Recharging points for electric vehicles – Provision of devices for recharging electric vehicles, supply of the necessary electricity, and provision of technical support and IT services – Classification as a ‘supply of goods’ or a ‘supply of services’
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Judgment of the Court (Tenth Chamber) of 20 April 2023
ECLI:EU:C:2023:312 |
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Case C-348/22 Autorità Garante della Concorrenza e del Mercato v Comune di Ginosa (Commune de Ginosa)
Reference for a preliminary ruling – Services in the internal market – Directive 2006/123/EC – Assessment of validity – Legal basis – Articles 47, 55 and 94 EC – Interpretation – Article 12(1) and (2) of that directive – Direct effect – Unconditional and sufficiently precise nature of the obligation for Member States to apply an impartial and transparent selection procedure to potential candidates and of the prohibition on automatic renewal of an authorisation granted for a given activity – National legislation providing for the automatic extension of concessions for the occupation of State-owned maritime property
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Puglia
Language of the case: Italian
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Judgment of the Court (Third Chamber) of 20 April 2023
ECLI:EU:C:2023:301 |
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Case C-204/21 R-RAP Commission v Poland (Independence and private life of judges)
Interim relief – Article 163 of the Rules of Procedure of the Court of Justice – Application to cancel or vary an order for interim measures – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Independence of judges – Non-execution – Change in circumstances – Periodic penalty payment
Language of the case: Polish
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Order of the Vice-President of the Court of 21 April 2023
ECLI:EU:C:2023:334 |
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Case C-629/22 A.L. v Migrationsverket
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Immigration policy – Directive 2008/115/EC – Common standards and procedures in Member States for returning illegally staying third-country nationals – Article 6(2) – Return decision accompanied by an entry ban of three years’ duration – Third-country national holding a valid residence permit issued by another Member State – Failure by the national police authority to permit that national to go to the territory of that other Member State before it adopts that return decision in respect of that national
Request for a preliminary ruling from the Förvaltningsrätten i Göteborg,migrationsdomstolen
Language of the case: Swedish
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Order of the Court (Eighth Chamber) of 26 April 2023
ECLI:EU:C:2023:365 |
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Case C-537/20 L Fund v Finanzamt D
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Corporation tax – Taxation of income from immovable property situated within the territory of a Member State – Difference in treatment between resident funds and non-resident funds – Exemption only for resident funds – Comparability of situations – Taking into account of the tax system of investors – None – Justification – Need to preserve the coherence of the national tax system – Need to preserve a balanced distribution of power of taxation between the Member States – None
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Judgment of the Court (First Chamber) of 27 April 2023
ECLI:EU:C:2023:339 |
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Case C-352/21 A1 and A2 v I (Insurance of a pleasure craft)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Rules of jurisdiction in matters relating to insurance – Article 15(5) – Possibility of departing from those jurisdictional rules by agreement – Article 16(5) – Directive 2009/138/EC – Article 13(27) – Concept of ‘large risks’ – Hull insurance contract – Jurisdiction clause between the insurer and the insured – Enforceability of that clause against the insured – Pleasure craft not used for commercial purposes
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
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Judgment of the Court (Sixth Chamber) of 27 April 2023
ECLI:EU:C:2023:344 |
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Case C-528/21 M.D. v Országos Idegenrendészeti Főigazgatóság Budapesti és Pest Megyei Regionális Igazgatósága (Ban on entering Hungary)
Reference for a preliminary ruling – Immigration policy – Article 20 TFEU – Genuine enjoyment of the substance of the rights which flow from the status of EU citizenship – Article 47 of the Charter of Fundamental Rights of the European Union – Directive 2008/115/EC – Common standards and procedures in Member States for returning illegally staying third-country nationals – Articles 5, 11 and 13 – Direct effect – Right to an effective judicial remedy – Decision banning entry and stay adopted in respect of a third-country national, a family member of a minor EU citizen – Threat to national security – Failure to take into account the individual situation of that third-country national – Refusal to comply with a court decision suspending the effects of that prohibition decision – Consequences
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 24 November 2022
ECLI:EU:C:2022:933 |
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Judgment of the Court (Fourth Chamber) of 27 April 2023
ECLI:EU:C:2023:341 |
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Case C-628/21 TB v Castorama Polska and 'Knor'
Reference for a preliminary ruling – Intellectual property – Directive 2004/48/EC – Measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights – Right of information – Locus standi – Need to establish the existence of an intellectual property right in advance
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
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Opinion of Advocate General Rantos delivered on 17 November 2022
ECLI:EU:C:2022:905 |
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Judgment of the Court (Fifth Chamber) of 27 April 2023
ECLI:EU:C:2023:342 |
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Case C-677/21 Fluvius Antwerpen v MX
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Taxable transactions – Article 2(1)(a) – Concept of ‘supply of goods for consideration’ – Article 9(1) – Economic activity – Article 14(1) and (2)(a) – Supply of goods – Unlawful consumption of electricity – Principle of neutrality of VAT – Charging the consumer for compensation including the price of the electricity consumed – Regional legislation of a Member State – Taxable person – Sui generis entity mandated by municipalities – Concept of ‘body governed by public law’ – Directive 2006/112/EC – Article 13(1), third subparagraph, and Annex I – Principle of taxability of electricity distribution – Concept of ‘negligible activity’
Request for a preliminary ruling from the Vredegerecht te Antwerpen
Language of the case: Dutch
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Opinion of Advocate General Kokott delivered on 12 January 2023
ECLI:EU:C:2023:24 |
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Judgment of the Court (Seventh Chamber) of 27 April 2023
ECLI:EU:C:2023:348 |
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Case C-681/21 BVAEB v BB (Amount of the retirement pension)
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Prohibition of discrimination on grounds of age – Retirement pension – National legislation providing, with retroactive effect, for a category of civil servants previously advantaged by the national legislation relating to retirement pension rights to be treated in the same way as a category of civil servants previously disadvantaged by that legislation
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 27 April 2023
ECLI:EU:C:2023:349 |
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Case C-686/21 VW v SW and Others and Legea v VW and Others
Reference for a preliminary ruling – Trade mark law – Directive 89/104/EEC – Directive (EU) 2015/2436 – Regulation (EC) No 40/94 – Regulation (EU) 2017/1001 – Exclusive rights of the trade mark proprietor – Trade mark belonging to two or more persons – Conditions on majority required between joint proprietors for granting and terminating a licence of their trade mark
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 8 December 2022
ECLI:EU:C:2022:977 |
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Judgment of the Court (Tenth Chamber) of 27 April 2023
ECLI:EU:C:2023:357 |
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Case C-705/21 MJ v AxFina Hungary
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Articles 6 and 7 – Credit agreements denominated in a foreign currency – Legal consequences of a declaration that a loan agreement is invalid because of the unfairness of a term in that agreement – Contractual term placing the exchange rate risk on the consumer
Request for a preliminary ruling from the Győri Ítélőtábla
Language of the case: Hungarian
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Judgment of the Court (Eighth Chamber) of 27 April 2023
ECLI:EU:C:2023:352 |
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Case C-70/22 Viagogo v AGCOM and AGCM
Reference for a preliminary ruling – Electronic commerce – Directive 2000/31/EC – Article 1 – Scope – Article 2(c) – Concept of ‘established service provider’ – Article 3(1) – Provision of information society services by a provider established on the territory of a Member State – Company established on the territory of the Swiss Confederation – Inapplicability ratione personae – Article 56 TFEU – Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons – Scope – Prohibition of restrictions on the cross-frontier provision of services not exceeding 90 days per calendar year – Provision of services in Italy for a period exceeding 90 days – Inapplicability ratione personae – Article 102 TFEU – Nothing in the order for reference enabling a link to be established between the dispute in the main proceedings and any abuse of a dominant position – Inadmissibility
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Seventh Chamber) of 27 April 2023
ECLI:EU:C:2023:350 |
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Case C-104/22 Lännen MCE v Berky and Senwatec
Reference for a preliminary ruling – EU trade mark – Regulation (EU) 2017/1001 – Article 125(5) – International jurisdiction – Infringement action – Jurisdiction of the courts of the Member State in which the act of infringement has been committed or threatened – Advertising displayed by a search engine using a national top-level domain name – Advertising not specifying the geographical area of supply – Factors to be taken into account
Request for a preliminary ruling from the Markkinaoikeus
Language of the case: Finnish
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Judgment of the Court (Fifth Chamber) of 27 April 2023
ECLI:EU:C:2023:343 |
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Case C-107/22 X
Reference for a preliminary ruling – Common Customs Tariff – Classification of goods – Combined Nomenclature – Interpretation – General rules – General rule 2(a) – Article presented unassembled or disassembled – Components intended to make up, after assembly, satellite receivers – Classification as a complete receiver
Request for a preliminary ruling from the Gerechtshof Amsterdam
Language of the case: Dutch
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Judgment of the Court (Sixth Chamber) of 27 April 2023
ECLI:EU:C:2023:346 |
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Case C-192/22 FI v Bayerische Motoren Werke
Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Article 7(1) – Article 31(2) of the Charter of Fundamental Rights of the European Union – Right to paid annual leave – Lapse of that right – Progressive retirement scheme – Days of annual leave acquired under that scheme but as yet untaken – Incapacity for work
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Judgment of the Court (Sixth Chamber) of 27 April 2023
ECLI:EU:C:2023:347 |
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Case C-337/22 P EUIPO v Nowhere
Appeal – Intervention – Second paragraph of Article 40 of the Statute of the Court of Justice of the European Union – Interest in the result of the case – EU trade mark – Opposition proceedings – Rejection of the opposition – Refusal to take into account earlier rights protected in the United Kingdom – Relevant stage of the procedure for assessing the existence of a relative ground for refusal – Association of proprietors of trade marks and professionals in that field with the purpose of promoting trade mark law – Allowed
Language of the case: English
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Order of the President of the Court of 27 April 2023
ECLI:EU:C:2023:409 |
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Case C-372/22 CM v DN (Right of access to a child who has moved)
Reference for a preliminary ruling – Jurisdiction, recognition and enforcement of decisions in matrimonial matters and in the matters of parental responsibility – Regulation (EC) No 2201/2003 – Articles 9 and 15 – Continuing jurisdiction of the courts of the Member State of the child’s former habitual residence following the child having moved – Concept of ‘moving’ – Application for modification of a decision relating to access rights – Calculation of the time limit within which such an application must be submitted – Transfer of the case to a court of the Member State of the child’s new habitual residence, better placed to hear the case
Request for a preliminary ruling from the Tribunal d'arrondissement de Luxembourg
Language of the case: French
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Judgment of the Court (Ninth Chamber) of 27 April 2023
ECLI:EU:C:2023:364 |
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Information (on unpublished decisions)
Case C-560/22 Ferriere Nord and Others v AGCM and Agenzia delle entrate - Riscossione
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – National competition authorities – Imposition of a contribution to finance those authorities – Lack of connection to EU law – Manifest lack of jurisdiction of the Court – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Tenth Chamber) of 17 April 2023 ECLI:EU:C:2023:327 |
Case C-780/22 P Zaun v Praesidiad Holding and EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court of 17 April 2023 ECLI:EU:C:2023:294 |
Case C-200/22 Vantage Logistics v Administraţia Judeţeană a Finanţelor Publice Alba and Others
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Judicial cooperation in civil matters – Insolvency proceedings – Restructuring plan – Directive (EU) 2019/1023 – Applicability ratione temporis and ratione materiae – Article 17 of the Charter of Fundamental Rights of the European Union – Clear lack of jurisdiction of the Court
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Order of the Court (Seventh Chamber) of 18 April 2023 ECLI:EU:C:2023:337 |
Case C-42/23 P Mendes v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 19 April 2023 ECLI:EU:C:2023:325 |
Case C-413/21 P Council v El-Qaddafi
Appeal – Common foreign and security policy – Restrictive measures taken in view of the situation in Libya – List of persons and entities subject to the freezing of funds and economic resources – List of persons subject to restrictions on entry into and transit through the territory of the European Union – Retention of Ms El-Qaddafi’s name on the lists – Sufficiently solid factual basis – Obligation to state reasons
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Judgment of the Court (Sixth Chamber) of 20 April 2023 ECLI:EU:C:2023:306 |
Case C-602/21 Commission v Poland (Environmental noise)
Failure of a Member State to fulfil obligations – Directive 2002/49/EC – Assessment and management of environmental noise – Noise prevention – Major roads and major railways – Article 8(1) and (2) – Non-compliant or nonexistent action plans – Article 10(2) – Annex VI – Nonexistent summaries of action plans
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Judgment of the Court (Ninth Chamber) of 20 April 2023 ECLI:EU:C:2023:310 |
Case C-619/22 Sinda & V R v Rīgas domes Satiksmes departaments
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to provide the legislative context of the dispute in the main proceedings – Requirement to set out the relationship between the provisions of European Union law of which an interpretation is sought and the applicable national legislation – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Sixth Chamber) of 20 April 2023 ECLI:EU:C:2023:332 |
Case C-637/22 P Novais v Portugal
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Article 265 TFEU – Action for failure to act brought against a national court or tribunal – Manifest lack of jurisdiction of the General Court of the European Union – Appeal manifestly unfounded
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Order of the Court (Sixth Chamber) of 20 April 2023 ECLI:EU:C:2023:331 |
Case C-306/22 P Kirimova v EUIPO
Appeal – Action for annulment – Article 19 of the Statute of the Court of Justice of the European Union – Representation of parties in direct actions before the Courts of the European Union – Lawyer who is not a third party in relation to the appellant – Requirement of independence – Lawyer practising in the same office as the applicant
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Order of the Court (Seventh Chamber) of 21 April 2023 ECLI:EU:C:2023:338 |
Case C-492/21 P Casa Regina Apostolorum della Pia Società delle Figlie di San Paolo v Commission
Appeal – State aid – Healthcare services – Direct grants to public hospitals in the Lazio Region (Italy) – Decision finding that there is no State aid – Articles 106 and 107 TFEU – Concepts of ‘undertaking’ and ‘economic activity’
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Judgment of the Court (Ninth Chamber) of 27 April 2023 ECLI:EU:C:2023:354 |
Case C-537/21 P PL v Commission
Appeal – Civil service – Officials – Appraisal report – 2017 appraisal period – Errors of law – Distortion of the facts and evidence – Failure to state reasons
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Judgment of the Court (Eighth Chamber) of 27 April 2023 ECLI:EU:C:2023:363 |
Case C-549/21 P Fondazione Cassa di Risparmio di Pesaro and Others v Commission
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Judgment of the Court (Third Chamber) of 27 April 2023 ECLI:EU:C:2023:340 |
Case C-694/21 P Brunswick Bowling Products v Commission
Appeal – Consumer protection – Directive 2006/42/EC – Protection of the health and safety of consumers and workers from risks arising from the use of machinery – Measures adopted by the Kingdom of Sweden – Prohibition on the placing on the market of a type of pinsetter machine and a supplementary kit – Withdrawal of machines already placed on the market – Decision of the European Commission declaring the measures justified
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Judgment of the Court (Tenth Chamber) of 27 April 2023 ECLI:EU:C:2023:359 |
Case C-782/21 P Aeris Invest v ECB
Appeal – Access to documents of the EU institutions – Decision 2004/258/EC – Application for access to certain documents concerning the adoption of a resolution scheme for Banco Popular Español, S.A. – Refusal to grant access – Article 47 of the Charter of Fundamental Rights of the European Union
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Judgment of the Court (Sixth Chamber) of 27 April 2023 ECLI:EU:C:2023:345 |
Case C-827/21 Banca A v ANAF and Preşedintele ANAF (Application of the Merger Directive in a domestic situation)
Reference for a preliminary ruling – Directive 2009/133/EC – Article 7 – Merger by absorption – Purely domestic operation – Primacy of EU law outside the scope of EU law – None – Interpretation of EU law outside its scope – Jurisdiction of the Court to deliver preliminary rulings – Condition – EU law made applicable by national law directly and unconditionally
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Judgment of the Court (Ninth Chamber) of 27 April 2023 ECLI:EU:C:2023:355 |
Case C-102/22 P HC v Commission
Appeal – Civil service – Recruitment – Open competition EPSO/AD/363/18 – Notice of competition – Assessment by the selection board of the candidate’s answers to the ‘Talent Screener’ – Non-admission to the next stage of the competition – Rules on languages – Limitation of the choice of the second language of the competition to English and French – Plea of illegality relating to the notice of competition – Inadmissibility
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Judgment of the Court (Seventh Chamber) of 27 April 2023 ECLI:EU:C:2023:351 |
Case C-482/22 GO and Others v Regione Lazio
Reference for a preliminary ruling – Articles 53 and 99 of the Rules of Procedure of the Court – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Exceptions to that obligation – Criteria – Situations in which the correct interpretation of EU law is so obvious as to leave no scope for any reasonable doubt – Condition related to the national court or tribunal of last instance being convinced that the matter would be equally obvious to the other courts or tribunals of last instance of the Member States and to the Court of Justice
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Order of the Court (Sixth Chamber) of 27 April 2023 ECLI:EU:C:2023:404 |
Case C-495/22 Ministero della Giustizia v SP (Competition for notarial posts)
Reference for a preliminary ruling – Articles 53 and 99 of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Exceptions to that obligation – Criteria – Situations in which the correct interpretation of EU law is so obvious as to leave no scope for any reasonable doubt – Condition related to the national court or tribunal of last instance being convinced that the matter would be equally obvious to the other courts or tribunals of last instance of the Member States and to the Court of Justice
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Order of the Court (Sixth Chamber) of 27 April 2023 ECLI:EU:C:2023:405 |
May 2023
Case C-40/21 T.A.C. v ANI
Reference for a preliminary ruling – Decision 2006/928/EC – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Charter of Fundamental Rights of the European Union – Article 15(1) – Article 47 – Article 49(3) – Elective public office – Conflict of interests – National legislation prohibiting the holding of elective public office for a predetermined period – Penalty additional to the termination of the term of office – Principle of proportionality
Request for a preliminary ruling from the Curtea de Apel Timişoara
Language of the case: Romanian
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Opinion of Advocate General Emiliou delivered on 10 November 2022
ECLI:EU:C:2022:873 |
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Judgment of the Court (First Chamber) of 4 May 2023
ECLI:EU:C:2023:367 |
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Case C-97/21 MV - 98 v Nachalnik na otdel 'Operativni deynosti'
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 273 – Failure to issue a fiscal cash register receipt – Charter of Fundamental Rights of the European Union – Article 50 – Principle ne bis in idem – Cumulation of administrative penalties of a criminal nature for the same act – Article 49(3) – Proportionality of penalties – Article 47 – Right to an effective remedy – Scope of judicial review relating to the provisional enforcement of a penalty
Request for a preliminary ruling from the Administrativen sad - Blagoevgrad
Language of the case: Bulgarian
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Judgment of the Court (First Chamber) of 4 May 2023
ECLI:EU:C:2023:371 |
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Case C-200/21 TU and SU v BRD Groupe Societé Générale and Next Capital Solutions
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Enforcement proceedings in respect of a loan agreement constituting an enforceable instrument – Objection to the enforcement – Review of unfair terms – Principle of effectiveness – National legislation not permitting the court hearing the enforcement proceedings to review the possible unfairness of a clause beyond the time limit imposed on a consumer for lodging an objection – Existence of an action under ordinary law that cannot become time-barred enabling the court hearing the substance of the case to carry out such a review and to order suspension of the enforcement – Conditions which do not render impossible in practice or excessively difficult the exercise of rights conferred by EU law – Requirement for the consumer to pay a security in order to suspend the enforcement proceedings
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
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Judgment of the Court (Ninth Chamber) of 4 May 2023
ECLI:EU:C:2023:380 |
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Case C-300/21 UI v Österreichische Post (Non-material damage in connection with the processing of personal data)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 82(1) – Right to compensation for damage caused by data processing that infringes that regulation – Conditions governing the right to compensation – Mere infringement of that regulation not sufficient – Need for damage caused by that infringement – Compensation for non-material damage resulting from such processing – Incompatibility of a national rule making compensation for such damage subject to the exceeding of a threshold of seriousness – Rules for the determination of damages by national courts
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 6 October 2022
ECLI:EU:C:2022:756 |
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Judgment of the Court (Third Chamber) of 4 May 2023
ECLI:EU:C:2023:370 |
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Case C-389/21 P ECB v Crédit lyonnais
Appeal – Economic and monetary policy – Prudential supervision of credit institutions – Regulation (EU) No 575/2013 – Calculation of the leverage ratio – Exposure measure – Article 429(14) – Exclusion of exposures meeting certain conditions – Partial refusal of authorisation – Discretion of the European Central Bank (ECB) – Action for annulment – Manifest error of assessment – Judicial review
Language of the case: French
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Opinion of Advocate General Emiliou delivered on 27 October 2022
ECLI:EU:C:2022:844 |
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Judgment of the Court (First Chamber) of 4 May 2023
ECLI:EU:C:2023:368 |
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Case C-487/21 F.F. v Österreichische Datenschutzbehörde and CRIF
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Data subject’s right of access to his or her data undergoing processing – Article 15(3) – Provision of a copy of the data – Concept of ‘copy’ – Concept of ‘information’
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
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Opinion of Advocate General Pitruzzella delivered on 15 December 2022
ECLI:EU:C:2022:1000 |
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Judgment of the Court (First Chamber) of 4 May 2023
ECLI:EU:C:2023:369 |
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Case C-516/21 Finanzamt X v Y (Permanently installed equipment and machinery)
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 135(2), first subparagraph, point (c) – Exceptions to the exemption provided for in Article 135(1)(l) – Letting of permanently installed equipment and machinery in the context of the leasing of an agricultural building
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Opinion of Advocate General Pitruzzella delivered on 8 December 2022
ECLI:EU:C:2022:976 |
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Judgment of the Court (Fourth Chamber) of 4 May 2023
ECLI:EU:C:2023:372 |
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Joined Cases C-529/21 to C-536/21 and C-732/21 to C-738/21 OP and Others v Glavna direktsia 'Pozharna bezopasnost i zashtita na naselenieto' kam Ministerstvo na vatreshnite raboti (Night work)
Reference for a preliminary ruling – Social policy – Organisation of working time – Directive 2003/88/EC – Article 1(3) – Scope – Article 8 – Article 12 – Health and safety of night workers at work – Level of protection for night workers appropriate to the nature of their work – Directive 89/391/EEC – Article 2 – Public sector workers and private sector workers – Article 20 of the Charter of Fundamental Rights of the European Union – Equal treatment
Requests for a preliminary ruling from the Rayonen sad - Kula
Language of the case: Bulgarian
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Judgment of the Court (Sixth Chamber) of 4 May 2023
ECLI:EU:C:2023:374 |
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Case C-60/22 UZ v Bundesrepublik Deutschland (Court electronic mailbox)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 5 – Principles relating to processing – Controllership – Article 6 – Lawfulness of processing – Electronic file compiled by an administrative authority relating to an asylum application – Transmission to the competent national court via an electronic mailbox – Infringement of Articles 26 and 30 – No arrangement determining joint responsibility for processing and maintaining the record of processing activities – Consequences – Article 17(1) – Right to erasure (‘right to be forgotten’) – Article 18(1) – Right to restriction of processing – Concept of ‘unlawful processing’ – Taking into account of the electronic file by a national court – Absence of consent of the data subject
Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden
Language of the case: German
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Judgment of the Court (Fifth Chamber) of 4 May 2023
ECLI:EU:C:2023:373 |
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Case C-78/22 ALD Automotive v DY
Reference for a preliminary ruling – Directive 2011/7/EU – Combating late payments in commercial transactions – Article 6 – Fixed minimum sum of EUR 40 as compensation for the recovery costs incurred by the creditor – Late payment regarding contracts for successive performance – Fixed compensation due in respect of each late payment – Obligation to give full effect to EU law – Obligation of interpretation in compliance with EU law – General principles of national private law
Request for a preliminary ruling from the Vrchní soud v Praze
Language of the case: Czech
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Judgment of the Court (Eighth Chamber) of 4 May 2023
ECLI:EU:C:2023:379 |
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Case C-99/22 Kapniki A. Michailidis v OPEKEPE and Ypourgos Agrotikis Anaptyxis kai Trofimon
Reference for a preliminary ruling – Agriculture – Regulation (EEC) No 2062/92 – Article 3(3) – Validity – Common organisation of the markets – Raw tobacco – Premiums granted to purchasers of leaf tobacco – Reduction of those premiums according to the quantity of tobacco of low class, category or quality purchased – Principles of non-retroactivity and of the protection of legitimate expectations
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
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Judgment of the Court (Tenth Chamber) of 4 May 2023
ECLI:EU:C:2023:382 |
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Case C-127/22 Balgarska telekomunikatsionna kompania v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 185 – Adjustment of deductions of input VAT – Goods written off – Subsequent sale as waste – Destruction or disposal duly proved or confirmed
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Judgment of the Court (Ninth Chamber) of 4 May 2023
ECLI:EU:C:2023:381 |
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Case C-776/22 P Studio Legale Ughi e Nunziante v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal allowed to proceed in part
Language of the case: Italian
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Order of the Court (Chamber determining whether appeals may proceed) of 8 May 2023
ECLI:EU:C:2023:441 |
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Case C-620/21 MOMTRADE RUSE v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 132(1)(g) – Exemption for the supply of services closely linked to welfare and social security work, by bodies recognised by the Member State concerned as being devoted to social wellbeing – Supply of services provided to a non-taxable person in a Member State other than that in which the supplier is established – Assessment of the nature of the services and the condition of being a body recognised as being devoted to social wellbeing – Determination of the relevant national law – Concept of ‘Member State concerned’
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Opinion of Advocate General Kokott delivered on 1 December 2022
ECLI:EU:C:2022:952 |
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Judgment of the Court (Seventh Chamber) of 11 May 2023
ECLI:EU:C:2023:395 |
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Case C-817/21 R.I. v Inspecţia Judiciară and N.L.
Reference for a preliminary ruling – Rule of law – Judicial independence – Second subparagraph of Article 19(1) TEU – Decision 2006/928/EC – Independence of the judiciary – Disciplinary proceedings – Judicial Inspectorate – Chief Inspector with powers of regulation, selection, assessment, appointment and disciplinary investigation
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
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Opinion of Advocate General Collins delivered on 26 January 2023
ECLI:EU:C:2023:55 |
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Judgment of the Court (First Chamber) of 11 May 2023
ECLI:EU:C:2023:391 |
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Case C-101/22 P Commission v Sopra Steria Benelux and Unisys Belgium
Appeal – Rules of Procedure of the Court of Justice – Article 169 – Appeal against the operative part of the decision of the General Court – Public service contracts – Tendering procedure – Regulation (EU, Euratom) 2018/1046 – Article 170(3) – Paragraph 23 of Annex I – Unsuccessful tenderer bringing to the European Commission’s attention evidence of the abnormally low nature of the successful tender – Scope of the contracting authority’s obligation to state reasons
Language of the case: French
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Judgment of the Court (Eighth Chamber) of 11 May 2023
ECLI:EU:C:2023:396 |
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Case C-155/22 RE v Bezirkshauptmannschaft Lilienfeld
Reference for a preliminary ruling – Road transport – Common rules concerning the conditions to be complied with to pursue the occupation of road transport operator – Regulation (EC) No 1071/2009 – Articles 6 and 22 – National legislation permitting the transfer of criminal responsibility for serious infringements regarding the driving time and rest periods of drivers – Failure to take into account the penalties imposed for infringements when assessing the good repute of a road transport undertaking
Request for a preliminary ruling from the Landesverwaltungsgericht Niederösterreich
Language of the case: German
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Judgment of the Court (Second Chamber) of 11 May 2023
ECLI:EU:C:2023:394 |
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Joined Cases C-156/22 to C-158/22 TAP Portugal v flightright and Myflyright (Death of the co-pilot)
References for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Compensation to air passengers in the event of cancellation of flights – Article 5(3) – Exemption from the obligation to pay compensation – Concept of ‘extraordinary circumstances’ – Unexpected absence, due to illness or death, of a crew member whose presence is essential to the operation of the flight
Requests for a preliminary ruling from the Landgericht Stuttgart
Language of the case: German
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Opinion of Advocate General Medina delivered on 9 February 2023
ECLI:EU:C:2023:91 |
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Judgment of the Court (Third Chamber) of 11 May 2023
ECLI:EU:C:2023:393 |
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Joined Cases C-407/22 and C-408/22 Ministre de l’Économie, des Finances et de la Relance v Manitou BF and Bricolage Investissement France
References for a preliminary ruling – Taxation – Article 49 TFEU – Freedom of establishment – Corporation tax – Group taxation (French ‘intégration fiscale’) – Tax exemption for dividends paid by subsidiaries belonging to the tax-integrated group – Resident parent company – Capital links with resident and non-resident companies without forming a tax-integrated group – Tax exemption of dividends paid by non-resident subsidiaries – Non-deductible costs and expenses relating to the holding – Lack of neutralisation as regards the add-back of those costs and expenses
Requests for a preliminary ruling from the Conseil d'État
Language of the case: French
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Judgment of the Court (First Chamber) of 11 May 2023
ECLI:EU:C:2023:392 |
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Case C-626/21 Funke v Landespolizeidirektion Wien
Reference for a preliminary ruling – Approximation of laws – Directive 2001/95/EC – Article 12 and Annex II – Technical standards and regulations – European Union Rapid Information System (RAPEX) – Guidelines – Dangerous non-food products – Implementing Decision (EU) 2019/417 – Regulation (EC) No 765/2008 – Articles 20 and 22 – Notifications to the European Commission – Administrative decision – Prohibition on the sale of certain pyrotechnic articles and obligation to withdraw – Request from a distributor of the products concerned that the notification be supplemented – Authority competent to give a decision on the request – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Opinion of Advocate General Ćapeta delivered on 1 December 2022
ECLI:EU:C:2022:954 |
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Judgment of the Court (Fifth Chamber) of 17 May 2023
ECLI:EU:C:2023:412 |
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Case C-97/22 DC v HJ (Withdrawal after performance of the contract)
Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Article 14(4)(a)(i) and (5) – Right of withdrawal for off-premises contracts – Information requirements for the trader concerned – Failure of that trader to inform the consumer – Obligations of the consumer in the event of withdrawal – Withdrawal after the performance of the contract – Consequences
Request for a preliminary ruling from the Landgericht Essen
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 17 May 2023
ECLI:EU:C:2023:413 |
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Case C-105/22 P.M. v Dyrektor Izby Administracji Skarbowej w Warszawie (Taxation of exported second-hand vehicles)
Reference for a preliminary ruling – Free movement of goods – Tax provisions – Article 110 TFEU – Excise duty – Export of a vehicle registered in a Member State to a country of the European Economic Area (EEA) – Refusal to reimburse the excise duty paid in respect of that vehicle up to an amount proportionate to the duration of its use in the territory of the Member State of registration – Principle that excise duty is a single-stage tax and principle of proportionality
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Judgment of the Court (Eighth Chamber) of 17 May 2023
ECLI:EU:C:2023:414 |
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Case C-176/22 Criminal proceedings against BK and ZhP (Partial stay of the main proceedings)
Reference for a preliminary ruling – Statute of the Court of Justice of the European Union – Article 23, first paragraph – Stay of the main proceedings by a national court which has submitted a request for a preliminary ruling to the Court of Justice under Article 267 TFEU – Possibility of a partial stay of proceedings
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
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Judgment of the Court (Ninth Chamber) of 17 May 2023
ECLI:EU:C:2023:416 |
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Case C-264/22 Fonds de Garantie des Victimes des Actes de Terrorisme et d’Autres Infractions (FGTI) v Victoria Seguros
Reference for a preliminary ruling – Judicial cooperation in civil matters – Law applicable to non-contractual obligations – Regulation (EC) No 864/2007 – Article 4(1) – Article 15(h) – Article 19 – Accident caused by a boat in a Member State – Compensation for the victim of that accident – Subrogation in accordance with the law of another Member State – Reimbursement requested by the third-person subrogee – Applicable law – Limitation
Request for a preliminary ruling from the Tribunal da Relação de Lisboa
Language of the case: Portuguese
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Judgment of the Court (Ninth Chamber) of 17 May 2023
ECLI:EU:C:2023:417 |
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Case C-365/22 IT v État belge (VAT – Vehicles sold for parts)
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Margin scheme – Article 311 – Concept of ‘second-hand goods’ – End-of-life vehicles sold for parts
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
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Judgment of the Court (Eighth Chamber) of 17 May 2023
ECLI:EU:C:2023:415 |
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Case C-418/22 Cezam v Belgian State
Reference for a preliminary ruling – Directive 2006/112/EC – Value added tax (VAT) – Obligations to declare and pay VAT – Article 273 – Penalties laid down for the failure of a taxable person to comply with the obligations – Principles of proportionality and neutrality of VAT – Right to deduct VAT – Compatibility of penalties
Request for a preliminary ruling from the Tribunal de première instance du Luxembourg
Language of the case: French
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Judgment of the Court (Ninth Chamber) of 17 May 2023
ECLI:EU:C:2023:418 |
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Case C-290/21 AKM v Canal+ Luxembourg (Provision of satellite packages in Austria)
Reference for a preliminary ruling – Intellectual property – Copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission – Directive 93/83/EEC – Article 1(2) – Communication to the public by satellite – Concept – Satellite package provider – Broadcasting of programmes in another Member State – Place of the act of exploitation by which that provider participates in such communication
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 22 September 2022
ECLI:EU:C:2022:711 |
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Judgment of the Court (First Chamber) of 25 May 2023
ECLI:EU:C:2023:424 |
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Case C-575/21 WertInvest Hotelbetriebs v Magistrat der Stadt Wien
Reference for a preliminary ruling – Environment – Directive 2011/92/EU – Assessment of the effects of certain public and private projects on the environment – Article 2(1) and Article 4(2) – Projects covered by Annex II – Urban development projects – Examination on the basis of thresholds or criteria – Article 4(3) – Relevant selection criteria set in Annex III – Article 11 – Access to justice
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
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Opinion of Advocate General Collins delivered on 24 November 2022
ECLI:EU:C:2022:930 |
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Judgment of the Court (Second Chamber) of 25 May 2023
ECLI:EU:C:2023:425 |
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Case C-608/21 Criminal proceedings against Politseyski organ pri 02 RU SDVR
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2012/13/EU – Right to information in criminal proceedings – Article 6 – Right of a person to be informed of the charges against him or her – Article 7 – Right of access to case materials – Effective exercise of the rights of the defence – Article 6 of the Charter of Fundamental Rights of the European Union – Right to liberty and security – Communication of the grounds for detention of the suspect or accused person in a separate document – When that communication must be made
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
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Opinion of Advocate General Pikamäe delivered on 12 January 2023
ECLI:EU:C:2023:23 |
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Judgment of the Court (Fourth Chamber) of 25 May 2023
ECLI:EU:C:2023:426 |
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Case C-114/22 Dyrektor Izby Administracji Skarbowej w Warszawie v W. (VAT – Fictitious acquisition)
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Right to deduct VAT – Refusal – Refusal based on the invalidity of the transaction under national civil law
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Judgment of the Court (Tenth Chamber) of 25 May 2023
ECLI:EU:C:2023:430 |
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Case C-141/22 TLL The Longevity Labs v Optimize Health Solutions and BM
Reference for a preliminary ruling – Food safety – Novel food – Regulation (EU) 2015/2283 – Sprouted buckwheat flour with a high spermidine content – Germination of buckwheat seeds in a nutrient solution containing spermidine
Request for a preliminary ruling from the Landesgericht für Zivilrechtssachen Graz
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 19 January 2023
ECLI:EU:C:2023:38 |
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Judgment of the Court (Seventh Chamber) of 25 May 2023
ECLI:EU:C:2023:428 |
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Case C-364/22 J.B. and Others v Bundesrepublik Deutschland (Voluntary return)
Reference for a preliminary ruling – Asylum policy – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 33(2)(d) – Procedure for examining an application for international protection – Inadmissible applications – Subsequent application – Voluntary return and removal
Request for a preliminary ruling from the Verwaltungsgericht Minden
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 25 May 2023
ECLI:EU:C:2023:429 |
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Case C-368/22 Skatteministeriet v Danish Fluid System Technologies
Reference for a preliminary ruling – Regulation (EEC) No 2658/87 – Customs Union – Common Customs Tariff – Tariff classification – Combined Nomenclature – Heading 7307 – Tube or pipe fittings – Subheading 7307 22 10 – Sleeves
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
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Judgment of the Court (Sixth Chamber) of 25 May 2023
ECLI:EU:C:2023:427 |
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Information (on unpublished decisions)
Case C-141/23 P(R) Telefónica de España v Commission
Appeal – Interim relief – Public procurement – Application for interim measures – Withdrawal of the contested decision – No need to adjudicate
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Order of the Vice-President of the Court of 3 May 2023 ECLI:EU:C:2023:389 |
Case C-100/22 P KY v Court of Justice of the European Union
Appeal – Civil service – Officials – Staff Regulations of Officials of the European Union – Article 77 – Pension – Article 11(2) of Annex VIII to the Staff Regulations – Transfer of national pension rights to the pension scheme of the European Union institutions – Crediting of additional pensionable years – Article 2 of Annex VIII to the Staff Regulations – Pension calculation – Fourth paragraph of Article 77 of the Staff Regulations – The ‘minimum subsistence figure’ rule – Request for reimbursement of the portion of the transferred pension rights not reflected in the EU pension amount – Unjust enrichment
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Judgment of the Court (Sixth Chamber) of 4 May 2023 ECLI:EU:C:2023:377 |
Case C-712/22 P WT v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Disciplinary proceedings – Disciplinary penalty in the form of a reprimand – Action for annulment and for damages – Action manifestly inadmissible or manifestly unfounded
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Order of the Court (Sixth Chamber) of 4 May 2023 ECLI:EU:C:2023:406 |
Case C-665/21 P MKB Multifunds v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – State aid – Alleged State aid granted by a Member State in favour of a fund of funds – Preliminary examination of the European Commission – Decision of the Commission finding no State aid – Action for annulment – Admissibility – Regulation (EU) 2015/1589 – Article 1(h) – Concept of ‘interested party’
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Order of the Court (Eighth Chamber) of 10 May 2023 ECLI:EU:C:2023:408 |
Case C-15/23 P Heinze v L’Oréal and EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court of 11 May 2023 ECLI:EU:C:2023:407 |
Case C-56/23 Criminal proceedings against LO
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to present the factual context of the dispute in the main proceedings – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Ninth Chamber) of 23 May 2023 ECLI:EU:C:2023:422 |
Case C-690/22 Shortcut v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 178(a) – Right to deduct – Conditions of exercise – Article 226(6) – Details which must appear on the invoice – Scope and nature of the services provided – Invoices containing a generic description of the services provided
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Order of the Court (Seventh Chamber) of 24 May 2023 ECLI:EU:C:2023:440 |
June 2023
Case C-204/21 Commission v Poland (Independence and private life of judges)
Failure of a Member State to fulfil obligations – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union ‐ Rule of law – Effective legal protection in the fields covered by EU law – Independence of judges – Article 267 TFEU – Possibility of making a reference to the Court for a preliminary ruling – Primacy of EU law – Jurisdiction in relation to the lifting of the immunity from criminal prosecution of judges and in the field of employment law, social security and retirement of judges of the Sąd Najwyższy (Supreme Court, Poland) conferred on the Disciplinary Chamber of that court – National courts prohibited from calling into question the legitimacy of the constitutional courts and bodies or from establishing or assessing the lawfulness of the appointment of judges or their judicial powers – Verification by a judge of compliance with certain requirements relating to the existence of an independent and impartial tribunal previously established by law classified as a ‘disciplinary offence’ – Exclusive jurisdiction to examine questions relating to the lack of independence of a court or judge conferred on the Extraordinary Review and Public Affairs Chamber of the Sąd Najwyższy (Supreme Court) – Articles 7 and 8 of the Charter of Fundamental Rights – Rights to privacy and the protection of personal data – Regulation (EU) 2016/679 – Article 6(1), first subparagraph, points (c) and (e), and Article 6(3), second subparagraph – Article 9(1) – Sensitive data – National legislation requiring judges to make a declaration as to whether they belong to associations, foundations or political parties, and to the positions held within those associations, foundations or political parties, and providing for the placing online of the data contained in those declarations
Language of the case: Polish
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Opinion of Advocate General Collins delivered on 15 December 2022
ECLI:EU:C:2022:991 |
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Judgment of the Court (Grand Chamber) of 5 June 2023
ECLI:EU:C:2023:442 |
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Case C-700/21 O. G. v Presidente del Consiglio dei Ministri (European arrest warrant issued against a third-country national)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Grounds for optional non-execution of the European arrest warrant – Article 4(6) – Objective of social rehabilitation – Third-country nationals staying or residing on the territory of the executing Member State – Equal treatment – Article 20 in the Charter of the Fundamental Rights of the European Union
Request for a preliminary ruling from the Corte costituzionale
Language of the case: Italian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 15 December 2022
ECLI:EU:C:2022:995 |
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Judgment of the Court (Grand Chamber) of 6 June 2023
ECLI:EU:C:2023:444 |
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Case C-468/20 Fastweb and Others v Autorità per le Garanzie nelle Comunicazioni (Time frame for billing)
Reference for a preliminary ruling – Electronic communications networks and services – Directives 2002/19/EC, 2002/20/EC, 2002/21/EC et 2002/22/EC – Article 49 TFEU – Freedom of establishment – Article 56 TFEU – Freedom to provide services – National legislation granting the national regulatory authority the power to impose on telephony service providers a minimum time frame for the renewal of offers and a minimum time frame for billing – Consumer protection – Principle of proportionality – Principle of equal treatment
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Opinion of Advocate General Emiliou delivered on 15 December 2022
ECLI:EU:C:2022:996 |
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Judgment of the Court (First Chamber) of 8 June 2023
ECLI:EU:C:2023:447 |
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Case C-50/21 Prestige and Limousine v Área Metropolitana de Barcelona and Others
Reference for a preliminary ruling – Article 49 TFEU – Article 107(1) TFEU – Private-hire vehicles (PHVs) – Licencing scheme involving the issue, in addition to a licence to provide urban and interurban transport services throughout the national territory, of a second operating licence in order to be able to provide urban transport services in a metropolitan area – Limitation of the number of licences for PHV services to one thirtieth of the licences for taxi services
Request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña
Language of the case: Spanish
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Opinion of Advocate General Szpunar delivered on 15 December 2022
ECLI:EU:C:2022:997 |
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Judgment of the Court (First Chamber) of 8 June 2023
ECLI:EU:C:2023:448 |
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Case C-407/21 UFC - Que choisir and CLCV v Premier ministre and Ministre de l’Économie, des Finances et de la Relance
Reference for a preliminary ruling – Package travel and linked travel arrangements – Directive (EU) 2015/2302 – Article 12(2) to (4) – Termination of a package travel contract – Unavoidable and extraordinary circumstances – COVID-19 pandemic – Refund of payments made by the traveller concerned for a package – Refund in the form of a sum of money or equivalent refund in the form of a credit note (‘voucher’) – Obligation to provide that traveller with a refund not later than 14 days after the relevant contract is terminated – Temporary derogation from that obligation – Adjustment of the temporal effects of a decision taken in accordance with national law annulling national legislation that is contrary to that obligation
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Medina delivered on 15 September 2022
ECLI:EU:C:2022:690 |
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Judgment of the Court (Second Chamber) of 8 June 2023
ECLI:EU:C:2023:449 |
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Case C-455/21 OZ v Lyoness Europe
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 2(b) – Definition of ‘consumer’ – Contract for membership of a loyalty scheme enabling certain financial benefits to be obtained when purchasing goods and services from third-party traders
Request for a preliminary ruling from the Tribunalul Olt
Language of the case: Romanian
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Judgment of the Court (Fifth Chamber) of 8 June 2023
ECLI:EU:C:2023:455 |
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Case C-540/21 Commission v Slovakia (Right of termination without fees)
Failure of a Member State to fulfil obligations – Package travel and linked travel arrangements – Directive (EU) 2015/2302 – Article 12(2) to (4) – Termination of a package travel contract – Unavoidable and extraordinary circumstances – COVID-19 pandemic – Refund of payments made by the traveller for the package – Refund in the form of a sum of money or in the form of a replacement package tour – Obligation to provide that traveller with a refund not later than 14 days after the relevant contract is terminated – Temporary derogation from that obligation
Language of the case: Slovak
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Judgment of the Court (Second Chamber) of 8 June 2023
ECLI:EU:C:2023:450 |
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Case C-545/21 ANAS v Ministero delle Infrastrutture e dei Trasporti
Reference for a preliminary ruling – European Union Structural Funds – Regulation (EC) No 1083/2006 – Article 2(7) – Concept of ‘irregularity’ – Article 98(1) and (2) – Financial corrections by Member States in connection with irregularities detected – Criteria to be applied – Directive 2004/18/EC – Point (d) of the first subparagraph of Article 45(2) – Concept of ‘grave professional misconduct’
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
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Opinion of Advocate General Rantos delivered on 15 December 2022
ECLI:EU:C:2022:998 |
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Judgment of the Court (Third Chamber) of 8 June 2023
ECLI:EU:C:2023:451 |
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Case C-567/21 BNP Paribas v TR
Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 44/2001 – Articles 33 and 36 – Recognition of a judgment given in another Member State – Question raised incidentally before the courts of another Member State – Effects produced by that judgment in the State of origin – Admissibility of an action brought in the Member State addressed after that judgment – National procedural rules imposing the concentration of claims in a single set of proceedings
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
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Opinion of Advocate General Pikamäe delivered on 16 February 2023
ECLI:EU:C:2023:118 |
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Judgment of the Court (Third Chamber) of 8 June 2023
ECLI:EU:C:2023:452 |
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Case C-570/21 I.S. and K.S. v YYY. (Concept of ‘consumer’)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Dual-purpose contract – Article 2(b) – Concept of ‘consumer’ – Criteria
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Woli w Warszawie
Language of the case: Polish
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Opinion of Advocate General Pitruzzella delivered on 15 December 2022
ECLI:EU:C:2022:1002 |
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Judgment of the Court (Fifth Chamber) of 8 June 2023
ECLI:EU:C:2023:456 |
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Case C-636/21 NN v Regione Lombardia (Market support measures related to animal diseases)
Reference for a preliminary ruling – Agriculture – Common organisation of the markets – Regulation (EU) No 1308/2013 – Article 220 – Market support measures related to animal diseases – Implementing Regulation (EU) 2019/1323 – Exceptional market support measures for the eggs and poultrymeat sectors in Italy – National legislation – Condition for the granting of aid – Farmers operational on the market in question on the date of submission of the application – Discretion of the Member States
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Third Chamber) of 8 June 2023
ECLI:EU:C:2023:453 |
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Case C-640/21 Zes Zollner Electronic v Direcţia Regională Vamală Cluj – Biroul Vamal de Frontieră Aeroport Cluj Napoca
Reference for a preliminary ruling – Customs union – Regulation (EU) No 952/2013 – Union Customs Code – Excess quantity of goods discovered after the release of the goods – Article 173 – Amendment of a customs declaration – Goods other than those originally covered by the declaration to amend – Article 174 – Invalidation of a customs declaration – Article 42 – Penalties imposed by the customs authorities responsible – Delegated Regulation (EU) 2015/2446
Request for a preliminary ruling from the Tribunalul Cluj
Language of the case: Romanian
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Opinion of Advocate General Richard de la Tour delivered on 26 January 2023
ECLI:EU:C:2023:56 |
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Judgment of the Court (Fifth Chamber) of 8 June 2023
ECLI:EU:C:2023:457 |
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Case C-654/21 LM v KP (Counterclaim for a declaration of invalidity)
Reference for a preliminary ruling – EU trade mark – Dispute before the national court – Jurisdiction of EU trade mark courts – Regulation (EU) 2017/1001 – Article 124 – Action for infringement – Article 128 – Counterclaim for a declaration of invalidity – Subject matter of that counterclaim – Article 129(3) – Rules of procedure governing the same type of action relating to a national trade mark – Principle of procedural autonomy
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
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Judgment of the Court (Tenth Chamber) of 8 June 2023
ECLI:EU:C:2023:462 |
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Joined Cases C-747/21 P and C-748/21 P Severstal and NLMK v Commission
Appeal – Dumping – Implementing Regulation (EU) 2016/1328 – Imports of certain cold-rolled flat steel products originating in the People’s Republic of China and the Russian Federation – Definitive anti-dumping duty – Regulation (EC) No 1225/2009 – Article 18(1) – Necessary information – Absence – Article 9(4) – ‘Lesser duty rule’ – Target price – Profit margin of the Union industry – Establishment – Selection of the most recent representative year – Article 2(9) – Construction of the export price – Injury to the Union industry – Application by analogy – Calculation of the underselling margin – Statement of reasons
Language of the case: English
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Opinion of Advocate General Emiliou delivered on 12 January 2023
ECLI:EU:C:2023:20 |
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Judgment of the Court (Seventh Chamber) of 8 June 2023
ECLI:EU:C:2023:459 |
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Case C-49/22 Austrian Airlines v TW (Repatriation flight)
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(1)(a) – Cancellation of a flight – Article 8(1) – Obligation to provide assistance – Concept of ‘re-routing’ – Compensation for air passengers in the event of cancellation of a flight – COVID‑19 pandemic – Repatriation flight organised by a Member State in the context of consular assistance – Flight operated by the same operating air carrier and at the same time as the cancelled flight – Costs to be borne by the passenger in excess of the net costs of that flight
Request for a preliminary ruling from the Landesgericht Korneuburg
Language of the case: German
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Opinion of Advocate General Emiliou delivered on 2 March 2023
ECLI:EU:C:2023:154 |
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Judgment of the Court (Third Chamber) of 8 June 2023
ECLI:EU:C:2023:454 |
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Case C-322/22 E. v Dyrektor Izby Administracji Skarbowej we Wrocławiu
Reference for a preliminary ruling – Principle of sincere cooperation – Principle of effectiveness – Tax levied by a Member State in breach of EU law – Breach established following a ruling of the Court of Justice – Right to be paid interest on the overpayment – National legislation limiting the right to the payment of interest to the period running until the thirtieth day following the publication of the ruling of the Court of Justice in the Official Journal of the European Union
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Judgment of the Court (Seventh Chamber) of 8 June 2023
ECLI:EU:C:2023:460 |
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Joined Cases C-430/22 and C-468/22 Criminal proceedings against VB and VB (Information for a person convicted in absentia)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/343 – Article 8(4) – Right to be present at the trial – Proceedings conducted in absentia – Reopening of the proceedings – Notice to the person convicted in absentia of his or her right to have the proceedings reopened
Requests for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
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Judgment of the Court (Sixth Chamber) of 8 June 2023
ECLI:EU:C:2023:458 |
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Case C-501/21 P Shindler and Others v Council
Appeal – Action for annulment – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Decision (EU) 2020/135 – Nationals of the United Kingdom of Great Britain and Northern Ireland – Consequences of that agreement on the status of citizen of the European Union and the rights attaching to that status for those nationals – Fourth paragraph of Article 263 TFEU – Locus standi – Conditions – Interest in bringing proceedings
Language of the case: French
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Judgment of the Court (Eighth Chamber) of 15 June 2023
ECLI:EU:C:2023:480 |
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Case C-520/21 Szcześniak v Bank M. (Consequences of the annulment of the contract)
Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Article 6(1) and Article 7(1) – Mortgage loan indexed to a foreign currency – Conversion clauses – Determination of the exchange rate between that foreign currency and the national currency – Effects of a finding that a clause is unfair – Effects of the annulment of a contract in its entirety – Possibility of asserting claims that go beyond the reimbursement of the amounts agreed in the contract and the payment of default interest – Damage incurred by the consumer – Unavailability of the amount of the monthly instalments paid to the bank – Damage incurred by the bank – Unavailability of the amount of the capital paid to the consumer – Deterrent effect of the prohibition on unfair terms – Effective protection of the consumer – Judicial interpretation of national legislation
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy - Śródmieścia w Warszawie
Language of the case: Polish
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Opinion of Advocate General Collins delivered on 16 February 2023
ECLI:EU:C:2023:120 |
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Judgment of the Court (Fourth Chamber) of 15 June 2023
ECLI:EU:C:2023:478 |
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Case C-721/21 Eco Advocacy v An Bord Pleanála
Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Special areas of conservation – Article 6(3) – Screening of a plan or project with a view to determining whether or not it is necessary to carry out an appropriate assessment of the implications of that plan or project for a special area of conservation – Statement of reasons – Measures that may be taken into account – Project for the construction of a dwelling – Procedural autonomy – Principles of equivalence and effectiveness – Procedural rules according to which the subject matter of the dispute is determined by the pleas in law put forward at the point in time at which the action was brought
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
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Opinion of Advocate General Kokott delivered on 19 January 2023
ECLI:EU:C:2023:39 |
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Judgment of the Court (Second Chamber) of 15 June 2023
ECLI:EU:C:2023:477 |
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Case C-132/22 BM and NP v Ministero dell'Istruzione, dell'Università e della Ricerca (Special lists)
Reference for a preliminary ruling – Freedom of movement for workers – Article 45 TFEU – Regulation (EU) No 492/2011 – Article 3(1) – Obstacle – Equal treatment – Procedure for compiling lists for awarding posts in certain national public institutions – Requirement for admission linked to prior professional experience gained at those institutions – National legislation not allowing professional experience gained in other Member States to be taken into account – Whether justified – Objective of combating job insecurity
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
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Judgment of the Court (Sixth Chamber) of 15 June 2023
ECLI:EU:C:2023:489 |
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Case C-183/22 Saint-Louis Sucre v Premier ministre and Others (Recognition of a producer organisation)
Reference for a preliminary ruling – Agriculture – Common organisation of the markets – Regulation (EU) No 1308/2013 – Statutes of producer organisations – Article 153(1)(b) – Rule that members may belong to only one producer organisation – Scope – Article 153(2)(c) – Democratic scrutiny by producer members of the producer organisation and the decisions taken within it – Control exercised by one person over certain members of a producer organisation
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Ćapeta delivered on 9 February 2023
ECLI:EU:C:2023:93 |
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Judgment of the Court (Fifth Chamber) of 15 June 2023
ECLI:EU:C:2023:486 |
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Case C-287/22 YQ and RJ v Getin Noble Bank (Suspension of the performance of a loan agreement)
Reference for a preliminary ruling – Consumer protection – Unfair terms in consumer contracts – Directive 93/13/EEC – Mortgage loan indexed to a foreign currency – Article 6(1) – Article 7(1) – Application for interim measures – Suspension of performance of the loan agreement – Ensuring full effectiveness of the restitutory effect
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
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Judgment of the Court (Ninth Chamber) of 15 June 2023
ECLI:EU:C:2023:491 |
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Case C-292/22 Teritorialna direktsia Mitnitsa Varna v NOVA TARGOVSKA KOMPANIA 2004
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Classification of goods – Combined Nomenclature – Headings 1511 and 1517 – Refined palm oil, bleached and deodorised – No method laid down for analysing the consistency of a product
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
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Judgment of the Court (Tenth Chamber) of 15 June 2023
ECLI:EU:C:2023:492 |
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Case C-411/22 Thermalhotel Fontana Hotelbetriebsgesellschaft v Bezirkshauptmannschaft Südoststeiermark
Reference for a preliminary ruling – Social security – Regulation (EC) No 883/2004 – Article 3(1)(a) – Concept of ‘sickness benefits’ – Scope – Freedom of movement for workers – Article 45 TFEU – Regulation (EC) No 492/2011 – Article 7(2) – Social advantages – Difference in treatment – Justifications – COVID-19 – Isolation of employees ordered by the national health authority – Compensation of those employees by the employer – Reimbursement of the employer by the competent authority – Exclusion of frontier workers required to isolate under a measure taken by the authority of their State of residence
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 15 June 2023
ECLI:EU:C:2023:490 |
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Case C-459/20 X v Staatssecretaris van Justitie en Veiligheid (Thai mother of a Dutch minor child)
Reference for a preliminary ruling – Citizenship of the Union – Article 20 TFEU – Right to move and reside freely within the territory of the Member States – Decision of a Member State refusing residence to a third-country national parent of a minor child who has the nationality of that Member State – Child living outside the territory of the European Union and never having resided in its territory
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Utrecht
Language of the case: Dutch
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Opinion of Advocate General Richard de la Tour delivered on 16 June 2022
ECLI:EU:C:2022:475 |
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Judgment of the Court (First Chamber) of 22 June 2023
ECLI:EU:C:2023:499 |
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Joined Cases C-6/21 P and C-16/21 P Germany v Pharma Mar and Commission and Estonia v Pharma Mar and Commission
Appeal – Intervention – Article 40 of the Statute of the Court of Justice of the European Union – Application by an agency of the European Union – Standing to intervene in a case between Member States and institutions of the Union – Interest in the result of the case – Allowed
Language of the case: English
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Opinion of Advocate General Richard de la Tour delivered on 12 January 2023
ECLI:EU:C:2023:8 |
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Judgment of the Court (Third Chamber) of 22 June 2023
ECLI:EU:C:2023:502 |
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Case C-427/21 LD v ALB FILS Kliniken
Reference for a preliminary ruling – Social policy – Temporary agency work – Directive 2008/104/EC – Article 1 – Scope – Definition of ‘temporary assignment’ – Transfer of duties performed by a worker, from the latter’s employer to a third-party undertaking – Permanent assignment of that worker while maintaining the latter’s initial contract of employment
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Judgment of the Court (Sixth Chamber) of 22 June 2023
ECLI:EU:C:2023:505 |
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Case C-513/21 P DI v ECB
Appeal – Civil service – Staff of the European Central Bank (ECB) – Conditions of employment – Disciplinary proceedings – Competent authority – Delegation – Legal certainty – Time-barred disciplinary proceedings – Presumption of innocence – Criminal proceedings – Distortion – Absence
Language of the case: English
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Opinion of Advocate General Szpunar delivered on 12 January 2023
ECLI:EU:C:2023:17 |
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Judgment of the Court (First Chamber) of 22 June 2023
ECLI:EU:C:2023:500 |
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Case C-579/21 Proceedings brought by J.M.
Reference for a preliminary ruling – Processing of personal data – Regulation (EU) 2016/679 – Articles 4 and 15 – Scope of the right of access to information referred to in Article 15 – Information contained in log data – Article 4 – Definition of ‘personal data’ – Definition of ‘recipients’ – Temporal application
Request for a preliminary ruling from the Itä-Suomen hallinto-oikeus
Language of the case: Finnish
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 15 December 2022
ECLI:EU:C:2022:1001 |
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Judgment of the Court (First Chamber) of 22 June 2023
ECLI:EU:C:2023:501 |
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Case C-660/21 Criminal proceedings against K.B. and F.S. (Raising ex officio of an infringement in criminal proceedings)
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Directive 2012/13/EU – Articles 3 and 4 – Obligation for the competent authorities to inform suspects and accused persons promptly of their right to remain silent – Article 8(2) – Right to invoke a breach of that obligation – National legislation prohibiting the trial court from raising such a breach of its own motion – Articles 47 and 48 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Tribunal correctionnel de Villefranche-sur-Saône
Language of the case: French
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Opinion of Advocate General Pikamäe delivered on 26 January 2023
ECLI:EU:C:2023:52 |
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Judgment of the Court (Grand Chamber) of 22 June 2023
ECLI:EU:C:2023:498 |
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Joined Cases C-711/21 and C-712/21 XXX v État belge (Circumstances subsequent to a return decision)
Reference for a preliminary ruling – Article 267 TFEU – Admissibility – Continued interest in bringing proceedings in the dispute in the main proceedings – Obligation of the referring court to verify
Requests for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Collins delivered on 2 March 2023
ECLI:EU:C:2023:155 |
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Judgment of the Court (Fourth Chamber) of 22 June 2023
ECLI:EU:C:2023:503 |
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Case C-823/21 Commission v Hungary (Declaration of intent prior to an asylum application)
Failure of a Member State to fulfil obligations – Area of freedom, security and justice – Policies on border checks, asylum and immigration – Procedures for granting international protection – Directive 2013/32/EU – Article 6 – Effective access – The making of an application – National legislation laying down prior administrative steps to be carried out outside the territory of the Member State – Public health objective
Language of the case: Hungarian
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Judgment of the Court (Fourth Chamber) of 22 June 2023
ECLI:EU:C:2023:504 |
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Case C-833/21 Endesa Generación v Tribunal Económico Administrativo Central
Reference for a preliminary ruling – Taxation of energy products and electricity – Directive 2003/96/EC – Article 14(1)(a) – Exemption of energy products used to produce electricity – Derogation – Taxation of energy products for ‘reasons of environmental policy’ – Scope
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
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Opinion of Advocate General Rantos delivered on 2 February 2023
ECLI:EU:C:2023:66 |
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Judgment of the Court (Fifth Chamber) of 22 June 2023
ECLI:EU:C:2023:516 |
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Case C-24/22 PR Pet v Inspecteur van de Belastingdienst/Douane, kantoor Eindhoven
Reference for a preliminary ruling – Common Customs Tariff – Classification of goods – Combined Nomenclature – Heading 9403 – Articles consisting of a structure, intended for cats, referred to as ‘cat scratching posts’ – Goods consisting of a variety of materials – Implementing Regulations (EU) No 1229/2013 and (EU) No 350/2014
Request for a preliminary ruling from the Rechtbank Noord-Holland
Language of the case: Dutch
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Judgment of the Court (Seventh Chamber) of 22 June 2023
ECLI:EU:C:2023:507 |
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Case C-258/22 Finanzamt Hannover-Nord v H Lebensversicherung
Reference for a preliminary ruling – Free movement of capital – Article 63 TFEU – Business tax – Calculation of the basis of assessment for that tax – Rules for calculation – Dividends from holdings of less than 10% in the capital of resident and non-resident capital companies – Inclusion in the basis of assessment for business tax – Time of the inclusion – Difference in treatment – Restriction – None
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Judgment of the Court (Sixth Chamber) of 22 June 2023
ECLI:EU:C:2023:506 |
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Case C-268/22 Vitol v Belgische Staat
Reference for a preliminary ruling – Commercial policy – Protection against dumping – Imports of biodiesel originating in Argentina and Indonesia – Validity of Implementing Regulation (EU) No 1194/2013 – Admissibility – No action for annulment brought by the applicant in the main proceedings – Importer – Determination of dumping – Factors to be taken into consideration
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel
Language of the case: Dutch
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Judgment of the Court (Seventh Chamber) of 22 June 2023
ECLI:EU:C:2023:508 |
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Case C-444/21 Commission v Ireland (Protection of special areas of conservation)
Failure of a Member State to fulfil obligations – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Special areas of conservation – Atlantic biogeographical region – Article 4(4) and Article 6(1) – Failure to designate special areas of conservation and to set conservation objectives – Absence or insufficiency of conservation measures
Language of the case: English
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Opinion of Advocate General Ćapeta delivered on 9 February 2023
ECLI:EU:C:2023:90 |
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Judgment of the Court (Second Chamber) of 29 June 2023
ECLI:EU:C:2023:524 |
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Case C-543/21 Verband Sozialer Wettbewerb v famila-Handelsmarkt Kiel (Containers on which a deposit is charged)
Reference for a preliminary ruling – Consumer protection – Indication of the prices of products – Directive 98/6/EC – Article 2(a) – Concept of ‘selling price’ – Products sold in returnable containers – National legislation requiring the amount of the deposit to be indicated separately from the selling price
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Emiliou delivered on 2 February 2023
ECLI:EU:C:2023:62 |
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Judgment of the Court (Third Chamber) of 29 June 2023
ECLI:EU:C:2023:527 |
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Case C-756/21 X v International Protection Appeals Tribunal and Others (Attack in Pakistan)
Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Directive 2004/83/EC – Minimum standards for granting refugee status or subsidiary protection status – Second sentence of Article 4(1) – Cooperation of the Member State with the applicant to assess the relevant elements of the application – Scope – General credibility of the applicant – Article 4(5)(e) – Evaluation criteria – Common procedures for the grant of international protection – Directive 2005/85/EC – Appropriate examination – Article 8(2) and (3) – Judicial review – Article 39 – Scope – Procedural autonomy of the Member States – Principle of effectiveness – Reasonable time to take a decision – Article 23(2) and Article 39(4) – Consequences of any breach
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
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Opinion of Advocate General Szpunar delivered on 16 February 2023
ECLI:EU:C:2023:121 |
|
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Judgment of the Court (First Chamber) of 29 June 2023
ECLI:EU:C:2023:523 |
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Joined Cases C-829/21 and C-129/22 TE and RU v Stadt Frankfurt am Main and Stadt Offenbach am Main (Renewal of a residence permit in the second Member State)
Reference for a preliminary ruling – Immigration policy – Status of third-country nationals who are long-term residents – Directive 2003/109/EC – Second subparagraph of Article 9(4), Article 14(1), second subparagraph of Article 15(4), Article 19(2) and Article 22 – Right of third-country nationals to long-term resident status in a Member State – Grant by the first Member State of a ‘long-term resident’s EU residence permit’ of unlimited duration – Third-country national absent from the territory of the first Member State for a period of more than six years – Consequent loss of entitlement to long-term resident status – Application for renewal of a residence permit issued by the second Member State pursuant to the provisions of Chapter III of Directive 2003/109/EC – Application rejected by the second Member State because of the loss of that entitlement – Conditions
Requests for a preliminary ruling from the Hessischer Verwaltungsgerichtshof and Verwaltungsgericht Darmstadt
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 23 March 2023
ECLI:EU:C:2023:244 |
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Judgment of the Court (Second Chamber) of 29 June 2023
ECLI:EU:C:2023:525 |
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Case C-108/22 Dyrektor Krajowej Informacji Skarbowej v C. (VAT - Hotel services consolidator)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Special scheme for travel agents – Scope – Consolidator of accommodation services which purchases such services on its own behalf and resells them to other professionals without ancillary services
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Judgment of the Court (Eighth Chamber) of 29 June 2023
ECLI:EU:C:2023:522 |
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Case C-211/22 Super Bock Bebidas and Others v Autoridade da Concorrência
Reference for a preliminary ruling – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Vertical agreements – Minimum resale prices fixed by a supplier to its distributors – Concept of ‘restriction of competition by object’ – Concept of ‘agreement’ – Proof of a concurrence of wills between the supplier and its distributors – Practice covering almost the entire territory of a Member State – Effect on trade between Member States – Regulation (EC) No 2790/1999 and Regulation (EU) No 330/2010 – Hardcore restriction
Request for a preliminary ruling from the Tribunal da Relação de Lisboa
Language of the case: Portuguese
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Judgment of the Court (Third Chamber) of 29 June 2023
ECLI:EU:C:2023:529 |
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Case C-220/22 Commission v Portugal (Limit values – NO2)
Failure of a Member State to fulfil obligations – Environment – Directive 2008/50/EC – Ambient air quality – Systematic and persistent exceedance of the annual limit value for nitrogen dioxide (ΝΟ2) – Appropriate measures – As short an exceedance period as possible
Language of the case: Portuguese
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Judgment of the Court (Sixth Chamber) of 29 June 2023
ECLI:EU:C:2023:521 |
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Case C-232/22 Cabot Plastics Belgium v Belgian State
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Article 44 – Place of supply of services – Implementing Regulation (EU) No 282/2011 – Article 11(1) – Provision of services – Point of reference for tax purposes – Concept of ‘fixed establishment’ – Suitable structure in terms of human and technical resources – Ability to receive and use the services for the fixed establishment’s own needs – Provision of tolling services and ancillary services – Exclusive contractual undertaking between a company providing services in a Member State and the company receiving those services established in a third State – Legally independent companies
Request for a preliminary ruling from the Cour d'appel de Liège
Language of the case: French
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Judgment of the Court (Tenth Chamber) of 29 June 2023
ECLI:EU:C:2023:530 |
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Joined Cases C-501/22 to C-504/22 Interfel v Ministre de l’Agriculture et de la Souveraineté alimentaire
Reference for a preliminary ruling – Agriculture and fisheries – Common organisation of the markets – Regulation (EU) No 1308/2013 – Article 164(1) and (4) – Marketing standards – Extension of an inter-trade agreement – Agreement providing for stricter rules than European Union rules
Requests for a preliminary ruling from the Conseil d'État
Language of the case: French
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Judgment of the Court (Fifth Chamber) of 29 June 2023
ECLI:EU:C:2023:531 |
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Information (on unpublished decisions)
Case C-140/23 P(I) Euranimi v Commission
Appeal – Intervention – Commercial policy – Dumping – Imports of stainless steel cold-rolled flat products originating in India and Indonesia – Representative trade association
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Order of the Vice-President of the Court of 5 June 2023 ECLI:EU:C:2023:446 |
Case C-669/22 Rozhlas a televízia Slovenska v CI
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Directive 93/13/EEC – Unfair terms in consumer contracts – Scope – Statement of the reasons justifying the need for an interpretation of certain provisions of European Union law by the Court of Justice and of the relationship between those provisions and the national legislation applicable – Insufficient information – Manifest inadmissibility
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Order of the Court (Tenth Chamber) of 6 June 2023 ECLI:EU:C:2023:473 |
Case C-408/21 P Council v Pech
Appeal – Access to documents – Regulation (EC) No 1049/2001 – Article 4(2), second indent – Protection of legal advice – Article 4(3), first subparagraph – Protection of the decision-making process – Refusal to grant full access to a legal opinion of the Council of the European Union’s Legal Service
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Judgment of the Court (Tenth Chamber) of 8 June 2023 ECLI:EU:C:2023:461 |
Case C-444/22 P Veen v Europol
Appeal – Article 181 of the Rules of Procedure of the Court – Non-contractual liability – Law enforcement cooperation – Criminal intelligence – Alleged unauthorised disclosure of data – Regulation (EU) 2016/794 – Article 50(1) – Non-material damage – Action for damages – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Sixth Chamber) of 13 June 2023 ECLI:EU:C:2023:493 |
Case C-750/22 P WV v CdT
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Agent – Employment for an indefinite period – Sick leave – Unjustified absences – Termination of the contract without notice – Conditions of employment of other servants of the European Union – Article 16 – Article 48(b) – Annulment of the termination decision – Claim for compensation – Material damage – Reality of the damage – Appeal manifestly unfounded
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Order of the Court (Sixth Chamber) of 13 June 2023 ECLI:EU:C:2023:476 |
Case C-499/21 P Silver and Others v Council
Appeal – Action for annulment – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Decision (EU) 2020/135 – Nationals of the United Kingdom of Great Britain and Northern Ireland – Consequences of that agreement on the status of citizen of the European Union and the rights attaching to that status for those nationals – Fourth paragraph of Article 263 TFEU – Locus standi – Conditions – Interest in bringing proceedings
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Judgment of the Court (Eighth Chamber) of 15 June 2023 ECLI:EU:C:2023:479 |
Case C-502/21 P Price v Council
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Judgment of the Court (Eighth Chamber) of 15 June 2023 ECLI:EU:C:2023:482 |
Case C-199/23 P Zielonogórski Klub Żużlowy Sportowa v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 15 June 2023 (Chamber determining whether appeals may proceed) ECLI:EU:C:2023:560 |
Case C-12/23 P Autoramiksas v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for annulment and for failure to act – Refusal of the European Commission to initiate proceedings for failure to fulfil obligations – Discretionary power of the Commission – Appeal manifestly unfounded
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Order of the Court (Eighth Chamber) of 19 June 2023 ECLI:EU:C:2023:495 |
Case C-426/22 SOLE-MiZo v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Request for a preliminary ruling – Common system of value added tax – Directive 2006/112/EC – Article 183 – Principles of fiscal effectiveness and fiscal neutrality – Deduction of input tax – Refund of excess – Calculation of interest due because of the unavailability of an excess of deductible VAT withheld in breach of EU law – Monetary depreciation
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Order of the Court (Sixth Chamber) of 20 June 2023 ECLI:EU:C:2023:517 |
Case C-818/21 P YG v Commission
Appeal – Civil service – Official – Promotion – 2019 promotion exercise – Decision not to promote the appellant to grade AST 9 – Article 45(1) of the Staff Regulations of Officials of the European Union – Comparison of merits – Distortion of the evidence – Disregard for and distortion of the pleas in the application at first instance – Infringement of the rights of the defence – Failure to fulfil the duty to state reasons
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Judgment of the Court (Eighth Chamber) of 22 June 2023 ECLI:EU:C:2023:511 |
Case C-163/22 P Gmina Miasto Gdynia and Port Lotniczy Gdynia-Kosakowo v Commission
Appeal – State aid – Airport infrastructure – Public funding granted to the Gdynia-Kosakowo Airport – Decision declaring the aid measure incompatible with the internal market and ordering its recovery – Identification of the advantage and determination of the amount of the aid to be repaid – Principles of the protection of legitimate expectations, legal certainty, effective judicial protection, sound administration and sincere cooperation – Procedural rights of the appellants
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Judgment of the Court (Ninth Chamber) of 22 June 2023 ECLI:EU:C:2023:515 |
Case C-259/22 P Arysta LifeScience Great Britain v Commission
Appeal – Plant protection products – Active substance – Regulation (EC) No 1107/2009 – Article 4(5) – Article 14(1) – Article 20(1) – Implementing Regulation (EU) No 844/2012 – Article 12(3) – Article 14(1) – Non-renewal of the approval of the active substance thiram for the purpose of placing it on the market – Rights of the defence – Precautionary principle – Equal treatment
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Judgment of the Court (Eighth Chamber) of 22 June 2023 ECLI:EU:C:2023:513 |
Case C-720/22 P QN v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Appraisal report – Obligation to state reasons – Manifest error of assessment – Action for annulment and for damages – Appeal manifestly inadmissible in part and manifestly unfounded in part
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Order of the Court (Eighth Chamber) of 22 June 2023 ECLI:EU:C:2023:536 |
Case C-24/23 Finalgarve – Sociedade de Promoção Imobiliária e Turística v Ministério do Planeamento e das Infraestruturas
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to set out the legal context of the dispute in the main proceedings and the reasons justifying the need for a reply to the questions referred – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Seventh Chamber) of 27 June 2023 ECLI:EU:C:2023:518 |
Case C-77/23 P Haskovo Chamber of Commerce and Industry v EUIPO and Devin
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 27 June 2023 ECLI:EU:C:2023:519 |
Case C-763/21 P TUIfly v Commission
Appeal – State aid – Measures put into effect by the Republic of Austria for Klagenfurt airport, Ryanair and other airlines using that airport – Decision declaring the aid measures partially incompatible with the internal market – Article 107(1) TFEU – Private investor in a market economy – Ex ante incremental profitability analysis – Long-term profitability of the airport – Applicability – Article 107(3)(c) TFEU – Aid to facilitate the development of certain economic activities or of certain economic areas – Relevant assessment criterion for determining compatibility with the internal market – Profitability of the new air routes
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Judgment of the Court (Tenth Chamber) of 29 June 2023 ECLI:EU:C:2023:528 |
Case C-467/22 P Airoldi Metalli v Commission
Appeal – Dumping – Imports of aluminium extrusions originating in the People’s Republic of China – Definitive anti-dumping duty – Action for annulment – Locus standi – Fourth paragraph of Article 263 TFEU – Condition that the measure must be of individual concern to the applicant – Regulatory act not entailing implementing measures
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Judgment of the Court (Ninth Chamber) of 29 June 2023 ECLI:EU:C:2023:526 |
July 2023
Case C-252/21 Meta Platforms and Others v Bundeskartellamt (General terms of use of a social network)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Social networks – Abuse of a dominant position by the operator of such a network – Abuse which entails the processing of the personal data of the users of that network as provided for in its general terms of use – Powers of a competition authority of a Member State to find that processing is not consistent with that regulation – Reconciliation with the powers of the national data protection supervisory authorities – Article 4(3) TEU – Principle of sincere cooperation – Points (a) to (f) of the first subparagraph of Article 6(1) of Regulation 2016/679 – Whether the processing is lawful – Article 9(1) and (2) – Processing of special categories of personal data – Article 4(11) – Concept of ‘consent’
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
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Opinion of Advocate General Rantos delivered on 20 September 2022
ECLI:EU:C:2022:704 |
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Judgment of the Court (Grand Chamber) of 4 July 2023
ECLI:EU:C:2023:537 |
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Joined Cases C-212/21 P and C-223/21 P EIB v ClientEarth and Commission v EIB
Appeal – Environment – Aarhus Convention – Regulation (EC) No 1367/2006 – Article 2(1)(f) – Concept of ‘environmental law’ – Article 2(1)(g) – Concept of ‘administrative act’ – Article 10(1) – Internal review of administrative acts – Resolution of the Board of Directors of the European Investment Bank (EIB) approving the financing of a biomass power generation plant – Rejection of the request for internal review of that resolution as inadmissible – Independence of the EIB in the sphere of its financial operations – Article 271(c) TFEU – Scope
Language of the case: English
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Opinion of Advocate General Kokott delivered on 15 December 2022
ECLI:EU:C:2022:1003 |
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Judgment of the Court (Third Chamber) of 6 July 2023
ECLI:EU:C:2023:546 |
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Case C-510/21 DB v Austrian Airlines (First aid on board an aircraft)
Reference for a preliminary ruling – Air transport – Montreal Convention – Article 17(1) – Liability of air carriers for death or injury sustained by passengers – Concept of ‘accident’ – Bodily injuries aggravated by first aid administered following an accident that took place on board an aircraft
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Opinion of Advocate General Emiliou delivered on 12 January 2023
ECLI:EU:C:2023:19 |
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Judgment of the Court (Third Chamber) of 6 July 2023
ECLI:EU:C:2023:550 |
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Case C-663/21 Bundesamt für Fremdenwesen und Asyl v AA (Refugee who has committed a serious crime)
Reference for a preliminary ruling – Directive 2011/95/EU – Standards for granting refugee status or subsidiary protection status – Article 14(4)(b) – Revocation of refugee status – Third-country national convicted by a final judgment of a particularly serious crime – Danger to the community – Proportionality test – Directive 2008/115/EU – Return of illegally staying third-country nationals – Postponement of removal
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 16 February 2023
ECLI:EU:C:2023:114 |
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Judgment of the Court (First Chamber) of 6 July 2023
ECLI:EU:C:2023:540 |
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Case C-8/22 XXX v Commissaire général aux réfugiés et aux apatrides (Refugee who has committed a serious crime)
Reference for a preliminary ruling – Directive 2011/95/EU – Standards for granting refugee status or subsidiary protection status – Article 14(4)(b) – Revocation of refugee status – Third-country national convicted by a final judgment of a particularly serious crime – Danger to the community – Proportionality test
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Judgment of the Court (First Chamber) of 6 July 2023
ECLI:EU:C:2023:542 |
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Case C-142/22 OE v Minister for Justice and Equality (Request for consent – Effects of the original European arrest warrant)
Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 27 – Prosecution for an offence committed prior to the person’s surrender other than that for which he or she was surrendered – Request for consent sent to the executing judicial authority – European arrest warrant issued by the public prosecutor of a Member State which is not an issuing judicial authority – Consequences for the request for consent
Request for a preliminary ruling from the Supreme Court
Language of the case: English
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Opinion of Advocate General Richard de la Tour delivered on 9 March 2023
ECLI:EU:C:2023:191 |
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Judgment of the Court (Second Chamber) of 6 July 2023
ECLI:EU:C:2023:544 |
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Case C-166/22 Hellfire Massy Residents Association v An Bord Pleanála and Others
Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 12 – System of strict protection for certain animal species – Article 16 – Derogation – Procedure for granting such a derogation – Right of public participation
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
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Judgment of the Court (Seventh Chamber) of 6 July 2023
ECLI:EU:C:2023:545 |
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Case C-402/22 Staatssecretaris van Justitie en Veiligheid v M.A. (Particularly serious crime)
Reference for a preliminary ruling – Directive 2011/95/EU – Standards for granting refugee status or subsidiary protection status – Article 14(4)(b) – Revocation of refugee status – Third-country national convicted by a final judgment of a particularly serious crime – Danger to the community – Proportionality test
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Opinion of Advocate General Richard de la Tour delivered on 17 May 2023
ECLI:EU:C:2023:420 |
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Judgment of the Court (First Chamber) of 6 July 2023
ECLI:EU:C:2023:543 |
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Case C-404/22 Ethnikos Organismos Pistopoiisis Prosonton & Epangelmatikou Prosanatolismou v Elliniko Dimosio
Reference for a preliminary ruling – Information and consultation of workers – Directive 2002/14/EC – Scope – Meaning of ‘undertaking carrying out an economic activity’ – Private-law entity operating in the public sector – Removal of workers appointed to managerial positions – No prior information or consultation of employee representatives
Request for a preliminary ruling from the Dioikitiko Protodikeio Athinon
Language of the case: Greek
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Judgment of the Court (Seventh Chamber) of 6 July 2023
ECLI:EU:C:2023:548 |
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Case C-462/22 BM v LO (Residence of the divorce applicant)
Reference for a preliminary ruling – Jurisdiction, recognition and enforcement of judgments in matrimonial matters – Regulation (EC) No 2201/2003 – Sixth indent of Article 3(1)(a) – Forum actoris – Condition – Habitual residence of the applicant in the Member State of the court seised for the entire period immediately before the application was made
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Judgment of the Court (Fourth Chamber) of 6 July 2023
ECLI:EU:C:2023:553 |
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Case C-593/22 FS and WU v First Bank
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Scope – Article 1(2) – Exclusion of contractual terms reflecting mandatory statutory or regulatory provisions – Credit agreement denominated in a foreign currency – Terms relating to the exchange rate risk – Presumption of knowledge of the law
Request for a preliminary ruling from the Tribunalul Specializat Cluj
Language of the case: Romanian
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Judgment of the Court (Eighth Chamber) of 6 July 2023
ECLI:EU:C:2023:555 |
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Case C-93/23 P EUIPO v Neoperl
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal allowed to proceed
Language of the case: German
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Order of the Court (Chamber determining whether appeals should be allowed to proceed) of 11 July 2023
ECLI:EU:C:2023:601 |
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Case C-376/20 P Commission v CK Telecoms UK Investments
Appeal – Competition – Regulation (EC) No 139/2004 – Control of concentrations of undertakings – Mobile telecommunications services – Decision declaring a concentration incompatible with the internal market – Oligopolistic market – Significant impediment to effective competition – Non-coordinated effects – Standard of proof – European Commission’s margin of discretion with regard to economic matters – Limits of judicial review – Guidelines on horizontal mergers – Factors relevant to demonstrating a significant impediment to effective competition – Concepts of ‘important competitive force’ and ‘close competitors’ – Closeness of competition between the parties to the concentration – Quantitative analysis of the effects of the proposed concentration on prices – Efficiencies – Distortion – Complaint raised by the General Court of the European Union of its own motion – Annulment
Language of the case: English
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Opinion of Advocate General Kokott delivered on 20 October 2022
ECLI:EU:C:2022:817 |
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Judgment of the Court (Grand Chamber) of 13 July 2023
ECLI:EU:C:2023:561 |
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Joined Cases C-615/20 and C-671/20 Criminal proceedings against YP and Others (Lifting of a judge's immunity and his or her suspension from duties)
References for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Rule of law – Effective legal protection in the fields covered by Union law – Independence of judges – Primacy of EU law – Article 4(3) TEU – Duty of sincere cooperation – Lifting of a judge’s immunity from prosecution and his or her suspension from duties ordered by the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland) – Lack of independence and impartiality on the part of that chamber – Alteration of the composition of the court formation called on to adjudicate on a case which up to that time had been entrusted to that judge – Prohibitions on national courts calling into question the legitimacy of a court, on undermining its functioning or on assessing the legality or effectiveness of the appointment of judges or of their judicial powers, subject to disciplinary penalties – Obligation on the courts concerned and the bodies which have power to designate and modify the composition of court formations to disapply the measures lifting immunity and suspending the judge concerned – Obligation on the same courts and bodies to disapply the national provisions providing for those prohibitions
Requests for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
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Opinion of Advocate General Collins delivered on 15 December 2022
ECLI:EU:C:2022:986 |
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Judgment of the Court (Grand Chamber) of 13 July 2023
ECLI:EU:C:2023:562 |
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Joined Cases C-363/21 and C-364/21 Ferrovienord v ISTAT and Federazione Italiana Triathlon v ISTAT and Ministero dell'Economia e delle Finanze
References for a preliminary ruling – Second paragraph of Article 19(1) TEU – Obligation on Member States to provide remedies sufficient to ensure effective legal protection in the fields covered by EU law – Economic policy – Regulation (EU) No 549/2013 – European system of national and regional accounts in the European Union (ESA) – Directive 2011/85/EU – Requirements for budgetary frameworks of the Member States – National legislation limiting the jurisdiction of the audit court – Principles of effectiveness and equivalence – Article 47 of the Charter of Fundamental Rights of the European Union
Requests for a preliminary ruling from the Corte dei Conti
Language of the case: Italian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 12 January 2023
ECLI:EU:C:2023:7 |
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Judgment of the Court (First Chamber) of 13 July 2023
ECLI:EU:C:2023:563 |
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Case C-426/21 Ocilion IPTV Technologies v Seven.One Entertainment Group and Puls 4 TV
Reference for a preliminary ruling – Intellectual property – Copyright in the information society – Directive 2001/29/EC – Article 3 – Right of communication to the public – Article 5(2)(b) – ‘Private copying’ exception – Provider of an Internet Protocol television (IPTV) service – Access to protected content without the rightholders’ consent – Online video recorder – Replay function – De-duplication technique
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 15 December 2022
ECLI:EU:C:2022:999 |
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Judgment of the Court (First Chamber) of 13 July 2023
ECLI:EU:C:2023:564 |
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Case C-615/21 Napfény-Toll v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Value added tax (VAT) – National legislation providing for the possibility of suspending, without any temporal limit, the limitation period for action by the tax authorities in the event of court proceedings – Repeated tax procedures – Regulation No 2988/95 – Scope – Principles of legal certainty and effectiveness of EU law
Request for a preliminary ruling from the Szegedi Törvényszék
Language of the case: Hungarian
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Opinion of Advocate General Rantos delivered on 2 February 2023
ECLI:EU:C:2023:65 |
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Judgment of the Court (Fifth Chamber) of 13 July 2023
ECLI:EU:C:2023:573 |
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Case C-765/21 D. M. v Azienda Ospedale-Università di Padova
Reference for a preliminary ruling – Public health – National legislation imposing a vaccination obligation on health professionals – Suspension from duty without pay for personnel refusing the vaccine – Regulation (EC) No 726/2004 – Medicinal products for human use – Vaccines against COVID-19 – Regulation (EC) No 507/2006 – Validity of conditional marketing authorisations – Regulation (EU) 2021/953 – Prohibition of discrimination between vaccinated and unvaccinated persons – Inadmissibility
Request for a preliminary ruling from the Tribunale ordinario di Padova
Language of the case: Italian
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Judgment of the Court (Second Chamber) of 13 July 2023
ECLI:EU:C:2023:566 |
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Case C-35/22 CAJASUR Banco v JO and IM
Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 6(1) – General conditions of a mortgage loan agreement declared null and void by national courts – Legal action – Admission prior to any dispute – National legislation requiring a consumer to take steps prior to bringing proceedings against the seller or supplier concerned in order to guarantee the award of the costs of legal proceedings – Principle of sound administration of justice – Right to effective judicial protection
Request for a preliminary ruling from the Audiencia Provincial de Malaga
Language of the case: Spanish
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Opinion of Advocate General Collins delivered on 2 March 2023
ECLI:EU:C:2023:156 |
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Judgment of the Court (Fourth Chamber) of 13 July 2023
ECLI:EU:C:2023:569 |
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Joined Cases C-73/22 P and C-77/22 P Grupa Azoty and Others v Commission
Appeal – State aid – Guidelines on certain State aid measures in the context of the system for greenhouse gas emission allowance trading – Eligible economic sectors – Exclusion of the nitrogen compounds and fertilisers sector – Action for annulment – Admissibility – Right of natural or legal persons to institute proceedings – Fourth paragraph of Article 263 TFEU – Condition that the applicant must be directly concerned
Language of the case: English
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Opinion of Advocate General Pikamäe delivered on 2 March 2023
ECLI:EU:C:2023:157 |
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Judgment of the Court (Fourth Chamber) of 13 July 2023
ECLI:EU:C:2023:570 |
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Case C-87/22 TT v AK (Wrongful removal of a child)
Reference for a preliminary ruling – Jurisdiction in matters of parental responsibility – Regulation (EC) No 2201/2003 – Articles 10 and 15 – Transfer to a court of another Member State better placed to hear the case – Conditions – Court of the Member State to which the child has been wrongfully removed – The 1980 Hague Convention – Best interests of the child
Request for a preliminary ruling from the Landesgericht Korneuburg
Language of the case: German
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Opinion of Advocate General Pikamäe delivered on 23 March 2023
ECLI:EU:C:2023:248 |
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Judgment of the Court (Fourth Chamber) of 13 July 2023
ECLI:EU:C:2023:571 |
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Case C-106/22 Xella Magyarország v Innovációs és Technológiai Miniszter
Reference for a preliminary ruling – Free movement of capital – Freedom of establishment – Regulation (EU) 2019/452 – Legislation of a Member State establishing a mechanism for filtering foreign investment in resident companies considered to be ‘strategic’ – Decision adopted on the basis of that legislation, prohibiting the acquisition by a resident company of all the shares of another resident company – Acquired company considered to be ‘strategic’ on the ground that its primary activity concerns the extraction of certain raw materials such as gravel, sand and clay – Acquiring company considered to be a ‘foreign investor’ on the ground that it forms part of a group of companies whose ultimate parent company is established in a third country – Harm or risk of harm to a national interest, public security or public order of the Member State – Objective intended to ensure the security of supply of raw materials to the construction sector, in particular at the local level
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Opinion of Advocate General Ćapeta delivered on 30 March 2023
ECLI:EU:C:2023:267 |
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Judgment of the Court (Second Chamber) of 13 July 2023
ECLI:EU:C:2023:568 |
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Case C-134/22 MO v SM
Reference for a preliminary ruling – Social policy – Collective redundancies – Directive 98/59/EC – Information and consultation – Second subparagraph of Article 2(3) – Obligation of employer contemplating a collective redundancy to forward to the competent public authority a copy of the information communicated to the workers’ representatives – Objective – Consequences of a failure to comply with that obligation
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Opinion of Advocate General Pikamäe delivered on 30 March 2023
ECLI:EU:C:2023:268 |
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Judgment of the Court (Second Chamber) of 13 July 2023
ECLI:EU:C:2023:567 |
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Case C-136/22 P D & A Pharma v EMA
Appeal – Medicinal products for human use – Regulation (EC) No 726/2004 – Decision by the European Medicines Agency (EMA) not to renew a scientific advisory group – Action for annulment brought by the applicant for a marketing authorisation – Admissibility – Interest in bringing proceedings – Vested and current interest which may arise from another legal action – Conditions
Language of the case: French
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Judgment of the Court (Fourth Chamber) of 13 July 2023
ECLI:EU:C:2023:572 |
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Case C-180/22 Finanzamt Hamm v Mensing
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 311 et seq. – Special arrangements for works of art – Margin scheme – Taxable dealers – Supply of works of art by creators or their successors in title – Intra-Community transactions – Right to deduct input tax
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 23 March 2023
ECLI:EU:C:2023:242 |
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Judgment of the Court (First Chamber) of 13 July 2023
ECLI:EU:C:2023:565 |
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Case C-265/22 ZR and PI v Banco Santander (Reference to an official index)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan agreements – Term providing for a variable interest rate – Reference index based on the annual percentage rates of charge (APRC) of mortgage loans granted by credit institutions – Index established by a regulatory or administrative act – Information contained in the preamble to that act – Check relating to the requirement of transparency – Assessment of the unfair nature of the term
Request for a preliminary ruling from the Juzgado de Primera Instancia n. 17 de Palma de Mallorca
Language of the case: Spanish
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Judgment of the Court (Ninth Chamber) of 13 July 2023
ECLI:EU:C:2023:578 |
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Case C-313/22 Achilleion v Elliniko Dimosio
Reference for a preliminary ruling – Structural Funds – European Regional Development Fund (ERDF) – Co-financing – Regulation (EC) No 1260/1999 – Articles 30(4) and 39(1) – Durability of investment operations – ‘Substantial modification’ of a co-financed investment operation – Recovery of aid in the event of transfer of the establishment which is the subject of that operation – Effect of the specific circumstances surrounding that transfer
Request for a preliminary ruling from the Elegktiko Synedrio
Language of the case: Greek
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Judgment of the Court (Eighth Chamber) of 13 July 2023
ECLI:EU:C:2023:574 |
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Case C-344/22 Gemeinde A v Finanzamt
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Supply of services for consideration – Bodies governed by public law – Municipality collecting a spa tax for the provision of spa facilities accessible to everyone
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Judgment of the Court (Tenth Chamber) of 13 July 2023
ECLI:EU:C:2023:580 |
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Case C-55/23 PA v MO
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Jurisdiction, applicable law, recognition and enforcement of decisions, acceptance and enforcement of authentic instruments in matters of succession, and creation of a European Certificate of Succession – Regulation (EU) No 650/2012 – Article 10(1)(a) – Subsidiary jurisdiction – Article 267 TFEU – Obligation to comply with the directions of a higher court
Request for a preliminary ruling from the Sąd Rejonowy Szczecin – Prawobrzeże i Zachód w Szczecinie
Language of the case: Polish
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Order of the Court (Tenth Chamber) of 17 July 2023
ECLI:EU:C:2023:599 |
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Case C-97/23 P WhatsApp Ireland v European Data Protection Board
Appeal – Application to intervene – Article 40, second paragraph, of the Statute of the Court of Justice of the European Union – Interest in the result of the case – Application made by the European Data Protection Supervisor (EDPS) – Rejection
Language of the case: English
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Order of the President of the Court of 21 July 2023
ECLI:EU:C:2023:609 |
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Case C-97/23 P WhatsApp Ireland v European Data Protection Board
Appeal – Application to intervene – Article 40, second paragraph, of the Statute of the Court of Justice of the European Union – Interest in the result of the case – Trade association – Rejection
Language of the case: English
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Order of the President of the Court of 21 July 2023
ECLI:EU:C:2023:608 |
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Case C-107/23 PPU Criminal proceedings against C.I. and Others
Reference for a preliminary ruling – Protection of the financial interests of the European Union – Article 325(1) TFEU – PFI Convention – Article 2(1) – Obligation to counter fraud affecting the financial interests of the European Union by taking effective deterrent measures – Obligation to provide for criminal penalties – Value added tax (VAT) – Directive 2006/112/EC – Serious VAT fraud – Limitation period for criminal liability – Judgment of a constitutional court invalidating a national provision governing the grounds for interrupting that period – Systemic risk of impunity – Protection of fundamental rights – Article 49(1) of the Charter of Fundamental Rights of the European Union – Principle that offences and penalties must be defined by law – Requirements of foreseeability and precision of criminal law – Principle of the retroactive application of the more lenient criminal law (lex mitior) – Principle of legal certainty – National standard of protection of fundamental rights – Duty on the courts of a Member State to disapply judgments of the constitutional court and/or the supreme court of that Member State in the event that they are incompatible with EU law – Disciplinary liability of judges in the event of non-compliance with those judgments – Principle of the primacy of EU law
Request for a preliminary ruling from the Curtea de Apel Braşov
Language of the case: Romanian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 29 June 2023
ECLI:EU:C:2023:532 |
|
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Judgment of the Court (Grand Chamber) of 24 July 2023
ECLI:EU:C:2023:606 |
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Case C-26/23 P Minority SafePack – one million signatures for diversity in Europe v Commission
Appeal – Citizens’ initiative ‘Minority SafePack’ – Application to intervene – Second paragraph of Article 40 of the Statute of the Court of Justice of the European Union – Interest in the result of the case – Granted
Language of the case: English
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Order of the President of the Court of 27 July 2023
ECLI:EU:C:2023:618 |
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Case C-26/23 P Minority SafePack – one million signatures for diversity in Europe v Commission
Appeal – Citizens’ initiative ‘Minority SafePack’ – Application to intervene – Second paragraph of Article 40 of the Statute of the Court of Justice of the European Union – Interest in the result of the case – Granted
Language of the case: English
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Order of the President of the Court of 27 July 2023
ECLI:EU:C:2023:616 |
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Information (on unpublished decisions)
Case C-120/23 P Suicha v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals should be allowed to proceed) of 5 July 2023 ECLI:EU:C:2023:539 |
Case C-7/22 P RQ v Council and Commission
Appeal – Actions for damages – Economic and monetary policy – Restructuring of Greek public debt – Private sector involvement – Damage caused by a reduction in the nominal value of newly issued State bonds compared with the value of cancelled bonds – Statements by the heads of State or Government of the euro zone and the institutions of the European Union – Decisions of the Euro Group – Informal and intergovernmental nature of the Euro Group – Non-contractual liability of the European Union – Possibility of attributing damage
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Judgment of the Court (First Chamber) of 6 July 2023 ECLI:EU:C:2023:541 |
Case C-285/22 P Julien v Council
Appeal – Action for annulment – Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part – Decision (EU) 2021/689 – National of the United Kingdom with family and property interests in the European Union – Fourth paragraph of Article 263 TFEU – Locus standi – Conditions – Interest in bringing proceedings
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Judgment of the Court (Eighth Chamber) of 6 July 2023 ECLI:EU:C:2023:551 |
Case C-64/23 P Neoperl v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request that an appeal be allowed to proceed failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals should be allowed to proceed) of 11 July 2023 ECLI:EU:C:2023:556 |
Case C-757/21 P Nichicon Corporation v Commission
Appeal – Authentication of a judgment by the General Court – Article 118 of the Rules of Procedure of the General Court – Copy of the judgment to be served – Signature of the judges – Agreements, decisions and concerted practices – Article 101 TFEU – Market for tantalum and aluminium electrolytic capacitors – Agreements and concerted practices in respect of several elements of pricing – Concept of infringement ‘by object’ – European Commission’s burden of proof – Statements of undertakings – Reliability – Geographic scope of anticompetitive conduct – Single and continuous infringement – Fine – Calculation of the basic amount – Sales to be taken into account – Mitigating circumstances – Unlimited jurisdiction
Case C-759/21 P Nippon Chemi-Con Corporation v Commission
Appeal – Authentication of a judgment by the General Court – Article 118 of the Rules of Procedure of the General Court – Copy of the judgment to be served – Signature of the judges – Agreements, decisions and concerted practices – Article 101 TFEU – Market for tantalum and aluminium electrolytic capacitors – Agreements and concerted practices in respect of several elements of the pricing – Concept of infringement ‘by object’ – European Commission’s burden of proof – Geographic scope of anticompetitive conduct – Single and continuous infringement – Fine – Calculation of the basic amount – Sales to be taken into account – Mitigating circumstances – Unlimited jurisdiction
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Judgment of the Court (Ninth Chamber) of 13 July 2023 ECLI:EU:C:2023:577 |
Case C-142/23 P Hecht Pharma v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 13 July 2023 ECLI:EU:C:2023:600 |
Case C-94/23 P Puma v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 17 July 2023 ECLI:EU:C:2023:598 |
Case C-145/23 P Puma v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 17 July 2023 ECLI:EU:C:2023:597 |
Case C-270/23 P Topcart v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 17 July 2023 ECLI:EU:C:2023:614 |
Case C-280/23 P Canai Technology v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 17 July 2023 ECLI:EU:C:2023:596 |
Case C-335/22 A v Autoridade Tributária e Aduaneira (Imposition frappant la commercialisation de titres)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Directive 2008/7/EC – Article 5(2)(b) – Indirect taxes on the raising of capital – Stamp duty on services relating to the placement of bonds and commercial papers on the market
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Order of the Court (Tenth Chamber) of 19 July 2023 ECLI:EU:C:2023:603 |
Case C-416/22 EDP v Autoridade Tributária e Aduaneira (Imposition frappant la commercialisation de titres)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Answer which may be clearly deduced from existing case-law – Directive 2008/7/EC – Article 5(2) – Indirect taxes on the raising of capital – Stamp duty on services relating to the placement on the market of bonds, public offers for subscription of shares and offers to repurchase bonds
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Order of the Court (Tenth Chamber) of 19 July 2023 ECLI:EU:C:2023:604 |
Case C-97/23 P WhatsApp Ireland v European Data Protection Board
Appeal – Intervention – Confidentiality
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Order of the President of the Court of 21 July 2023 ECLI:EU:C:2023:611 |
September 2023
Case C-137/21 Parliament v Commission (Visa exemption for nationals of the United States)
Action for failure to act – Regulation (EU) 2018/1806 – Point (f) of the first paragraph of Article 7 – List of third countries whose nationals must be in possession of visas when crossing the external borders of the Member State – List of third countries whose nationals are exempt from that requirement – Principle of reciprocity – Request to adopt a delegated act temporarily suspending the visa exemption for a 12-month period for nationals of the United States of America
Language of the case: English
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Opinion of Advocate General Richard de la Tour delivered on 15 December 2022
ECLI:EU:C:2022:989 |
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Judgment of the Court (Grand Chamber) of 5 September 2023
ECLI:EU:C:2023:625 |
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Case C-689/21 X v Udlændinge- og Integrationsministeriet (Loss of Danish nationality)
Reference for a preliminary ruling – Citizenship of the European Union – Article 20 TFEU – Article 7 of the Charter of Fundamental Rights of the European Union – Citizen holding the nationality of a Member State and the nationality of a third country – Loss of the nationality of the Member State by operation of law upon reaching the age of 22 on the ground of lack of a genuine link with that Member State where no application to retain nationality has been made before the date on which that age is reached – Loss of citizenship of the Union – Examination of the proportionality of the consequences of that loss from the point of view of EU law – Limitation period
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
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Opinion of Advocate General Szpunar delivered on 26 January 2023
ECLI:EU:C:2023:53 |
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Judgment of the Court (Grand Chamber) of 5 September 2023
ECLI:EU:C:2023:626 |
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Case C-216/21 Asociaţia “Forumul Judecătorilor din România” and YN v Consiliul Superior al Magistraturii
Reference for a preliminary ruling – Decision 2006/928/EC – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Article 2 TEU – Second subparagraph of Article 19(1) TEU – Rule of law – Charter of Fundamental Rights of the European Union – Article 47 – Independence of judges – National legislation altering the scheme for the promotion of judges
Request for a preliminary ruling from the Curtea de Apel Ploieşti
Language of the case: Romanian
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Opinion of Advocate General Emiliou delivered on 16 February 2023
ECLI:EU:C:2023:116 |
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Judgment of the Court (First Chamber) of 7 September 2023
ECLI:EU:C:2023:628 |
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Case C-461/21 Cartrans Preda v Direcţia Generală Regională a Finanţelor Publice Ploieşti
Reference for a preliminary ruling – Directive 2006/112/EC – Common system of value added tax (VAT) – Exemptions – Road carriage transactions directly connected with the import of goods – Rules of evidence – Articles 56 and 57 TFEU – Freedom to provide services – Recovery of VAT by a non-resident – Taxation of consideration paid by way of a tax on the income of non-resident persons – Tax withheld at source by a resident
Request for a preliminary ruling from the Tribunalul Prahova
Language of the case: Romanian
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Opinion of Advocate General Pitruzzella delivered on 19 January 2023
ECLI:EU:C:2023:35 |
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Judgment of the Court (Third Chamber) of 7 September 2023
ECLI:EU:C:2023:632 |
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Case C-590/21 Charles Taylor Adjusting and FD v Starlight Shipping Company and Overseas Marine Enterprises
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation (EC) No 44/2001 – Recognition and enforcement in one Member State of judgments from another Member State – Article 34 – Grounds for refusal – Infringement of public policy in the European Union and of national public policy – Definition of ‘public policy’ – Mutual trust – ‘“Quasi” anti-suit injunction’ – Judgments preventing the exercise of the right to effective judicial protection or the continuation of proceedings brought before the courts of another Member State
Request for a preliminary ruling from the Areios Pagos
Language of the case: Greek
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Opinion of Advocate General Richard de la Tour delivered on 23 March 2023
ECLI:EU:C:2023:246 |
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Judgment of the Court (Third Chamber) of 7 September 2023
ECLI:EU:C:2023:633 |
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Case C-601/21 Commission v Poland
Failure of a Member State to fulfil obligations – Public contracts for services contracts – State printing office – Production of identity documents and other official documents as well as systems for managing such documents – National legislation providing for the award of contracts for such production to a public undertaking without first conducting a procurement procedure – Article 346(1)(a) TFEU – Directive 2014/24/EU – Article 1(1) and (3) – Article 15(2) and (3) – Special security measures – Protection of a Member State’s essential security interests
Language of the case: Polish
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Opinion of Advocate General Emiliou delivered on 2 March 2023
ECLI:EU:C:2023:151 |
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Judgment of the Court (First Chamber) of 7 September 2023
ECLI:EU:C:2023:629 |
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Case C-832/21 Beverage City & Lifestyle and Others v Advance Magazine Publishers
Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EU) No 1215/2012 – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Special jurisdiction – Article 8(1) – More than one defendant – Claims so closely connected that it is expedient to hear and determine them together – Anchor defendant – EU trade mark – Regulation (EU) 2017/1001 – Articles 122 and 125 – Action for infringement of an EU trade mark brought against a number of defendants domiciled in different Member States – Jurisdiction of the courts of the place where the managing director of a defendant company is domiciled – Jurisdiction of the court seised in respect of co-defendants domiciled outside the forum Member State – Concept of ‘so closely connected’ – Exclusive distribution agreement between a supplier and its customer
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 23 March 2023
ECLI:EU:C:2023:250 |
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Judgment of the Court (Fifth Chamber) of 7 September 2023
ECLI:EU:C:2023:635 |
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Case C-15/22 RF v Finanzamt G (Aid development projects)
Reference for a preliminary ruling – Development cooperation – Direct taxation – Income tax – Exemption granted to employees assigned to development aid projects financed from national budgetary resources – Difference in treatment of employees assigned to a project financed by the European Development Fund – Article 63(1) TFEU – Free movement of capital – Article 4(3) TEU – Duty of sincere cooperation – Facilitating the tasks of the European Union – Articles 208 and 210 TFEU – Development cooperation – Obligation to promote policies in the area of development cooperation – Invocability
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Opinion of Advocate General Medina delivered on 9 February 2023
ECLI:EU:C:2023:92 |
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Judgment of the Court (Fifth Chamber) of 7 September 2023
ECLI:EU:C:2023:636 |
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Case C-135/22 P Breyer v REA
Appeal – Access to documents of the institutions of the European Union – Regulation (EC) No 1049/2001 – First indent of Article 4(2) – Exception to the right of access – Protection of commercial interests – Framework Programme for Research and Innovation ‘Horizon 2020’ (2014-2020) – Documents relating to the ‘iBorderCtrl: Intelligent Portable Border Control System’ research project – Decision of the European Research Executive Agency (REA) refusing access to certain information – Overriding public interest
Language of the case: German
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Judgment of the Court (Tenth Chamber) of 7 September 2023
ECLI:EU:C:2023:640 |
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Case C-162/22 A. G. v Lietuvos Respublikos generalinė prokuratūra
Reference for a preliminary ruling – Telecommunications – Processing of personal data in the electronic communications sector – Directive 2002/58/EC – Scope – Article 15(1) – Data retained by providers of electronic communications services and made available to authorities in charge of criminal proceedings – Subsequent use of those data in an investigation into misconduct in office
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 30 March 2023
ECLI:EU:C:2023:266 |
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Judgment of the Court (First Chamber) of 7 September 2023
ECLI:EU:C:2023:631 |
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Case C-169/22 Groenland Poultry v Agenţia de Plăţi şi Intervenţie pentru Agricultură - Centrul Judeţean Dâmboviţa
Reference for a preliminary ruling – Common agricultural policy – European Agricultural Fund for Rural Development (EAFRD) – Rural development support measures – Animal welfare payments – Regulation (EC) No 1974/2006 – Article 44(1) and (2)(a) – Article 47(1) – Transfer of an agricultural holding to a new beneficiary – Subsequent cessation, by that beneficiary, of agricultural activities – ‘Force majeure or exceptional circumstances’ – Obligation to reimburse all or part of the aid received – Principle of proportionality
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
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Opinion of Advocate General Rantos delivered on 9 March 2023
ECLI:EU:C:2023:196 |
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Judgment of the Court (Sixth Chamber) of 7 September 2023
ECLI:EU:C:2023:638 |
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Case C-209/22 Criminal proceedings against (Fouille corporelle)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Right to information in criminal proceedings – Directive 2012/13/EU – Right of access to a lawyer in criminal proceedings – Directive 2013/48/EU – Scope – National legislation which does not refer to the concept of a suspect – Preliminary stage of the criminal proceedings – Coercive measure of personal search and seizure – Retrospective authorisation by the court having jurisdiction – Lack of judicial review of measures to obtain evidence – Articles 47 and 48 of the Charter of Fundamental Rights of the European Union – Effective exercise of the rights of defence of suspects and of accused persons during the judicial review of measures to obtain evidence
Request for a preliminary ruling from the Rayonen sad Lukovit
Language of the case: Bulgarian
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Opinion of Advocate General Pikamäe delivered on 23 March 2023
ECLI:EU:C:2023:249 |
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Judgment of the Court (Fourth Chamber) of 7 September 2023
ECLI:EU:C:2023:634 |
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Case C-226/22 Nexive Commerce and Others v Autorità per le Garanzie nelle Comunicazioni and Others
Reference for a preliminary ruling – Postal services in the European Union – Directive 97/67/EC – Fourth indent of the second subparagraph of Article 9(2) and Article 9(3) – Article 22 – Undertakings in the postal sector – Contribution to the operational costs of the regulatory authority for the postal sector – Obligation – Financial burden borne exclusively by market participants, without distinction according to the type of services provided – Principles of proportionality and non-discrimination
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 23 March 2023
ECLI:EU:C:2023:251 |
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Judgment of the Court (Fifth Chamber) of 7 September 2023
ECLI:EU:C:2023:637 |
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Case C-323/22 KRI v Agenzia delle Dogane e dei Monopoli
Reference for a preliminary ruling – Free movement of goods – Excise duties – Directive 92/12/EEC – Article 6(1)(a) – Chargeability of excise duty – Irregular departure from a suspension arrangement – Unlawful act solely attributable to a third party – Falsification of the accompanying administrative document – Article 14(1) – Exemption for losses occurring under the suspension arrangement – Fortuitous events or force majeure – Liability of the authorised warehousekeeper
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Judgment of the Court (Tenth Chamber) of 7 September 2023
ECLI:EU:C:2023:641 |
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Case C-453/22 Schütte v Finanzamt Brilon
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Principle of VAT neutrality – Principle of effectiveness – VAT rate set too high on a purchase invoice – Reimbursement of the overpaid tax – Direct action against the tax authorities – Effect of the risk of a double reimbursement of the same VAT
Request for a preliminary ruling from the Finanzgericht Münster
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 7 September 2023
ECLI:EU:C:2023:639 |
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Case C-71/21 KT v Sofiyska gradska prokuratura (Mandats d’arrêt successifs)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Agreement on the surrender procedure between, on the one hand, the Member States of the European Union and, on the other hand, the Republic of Iceland and the Kingdom of Norway – Article 1(3) – Fundamental rights – Refusal by a Member State to execute an arrest warrant issued by the Kingdom of Norway – Issuing of a new arrest warrant by the Kingdom of Norway against the same person for the same acts – Examination by another Member State – Taking into account of the refusal to execute the first arrest warrant
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
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Judgment of the Court (Sixth Chamber) of 14 September 2023
ECLI:EU:C:2023:668 |
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Case C-466/21 P Land Rheinland-Pfalz v Deutsche Lufthansa
Appeal – State aid – Aviation sector – Operational aid granted by the Federal Republic of Germany to Frankfurt-Hahn airport – Article 108 TFEU – Decision not to open the formal investigation procedure – Action for annulment – Status as an interested party – Safeguard of procedural rights
Language of the case: German
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Opinion of Advocate General Pikamäe delivered on 9 March 2023
ECLI:EU:C:2023:195 |
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Judgment of the Court (Fourth Chamber) of 14 September 2023
ECLI:EU:C:2023:666 |
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Joined Cases C-508/21 P and C-509/21 P Commission v Dansk Erhverv and IGG v Commission
Appeal – State aid – Article 107(1) TFEU – Sale of canned beverages to residents of the Kingdom of Denmark – Sale without deposit on condition that the beverages purchased are exported – Non-imposition of a fine – Concept of ‘State aid’ – Concept of ‘State resources’ – Decision declaring the absence of aid – Action for annulment
Language of the case: English
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Opinion of Advocate General Collins delivered on 16 March 2023
ECLI:EU:C:2023:224 |
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Judgment of the Court (Fifth Chamber) of 14 September 2023
ECLI:EU:C:2023:669 |
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Case C-632/21 JF and NS v Diamond Resorts Europe and Others
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EC) No 593/2008 – Law applicable to contractual obligations – Scope – Timeshare contracts – Legal proceedings seeking a declaration that those contracts are void – United Kingdom nationals – Choice of applicable law – Article 3 – Freedom of choice – Article 4(1)(b) and (c) – Applicable law in the absence of a choice made by the parties – Article 6 – Consumer contracts – Limits
Request for a preliminary ruling from the Juzgado de Primera Instancia e Instrucción - Granadilla de Abona
Language of the case: Spanish
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Judgment of the Court (Seventh Chamber) of 14 September 2023
ECLI:EU:C:2023:671 |
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Case C-820/21 Vinal v Direktor na Agentsia 'Mitnitsi'
Reference for a preliminary ruling – Excise duty – Directive 2008/118/EC – Article 16 – Tax warehouse arrangements – Conditions for the grant of an authorisation for the opening and operation of a tax warehouse by an authorised warehousekeeper – Failure to satisfy those conditions – Final withdrawal of the authorisation, together with the imposition of a financial penalty – Article 50 of the Charter of Fundamental Rights of the European Union – Ne bis in idem principle – Proportionality
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
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Judgment of the Court (Fourth Chamber) of 14 September 2023
ECLI:EU:C:2023:667 |
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Case C-821/21 NM v Club La Costa and Others
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Special jurisdiction – Jurisdiction over consumer contracts – Article 18(1) – Concept of ‘other party to a contract’ – Article 63 – Domicile of a legal person – Regulation No 593/2008 – Law applicable to contractual obligations – Choice of applicable law – Article 3 – Freedom of choice – Article 6 – Consumer contracts – Limits – Contract concluded with a consumer concerning timeshare rights in tourist accommodation by a means of a points scheme
Request for a preliminary ruling from the Juzgado de Primera Instancia de Fuengirola
Language of the case: Spanish
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Judgment of the Court (Seventh Chamber) of 14 September 2023
ECLI:EU:C:2023:672 |
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Case C-27/22 Volkswagen Group Italia and Volkswagen Aktiengesellschaft v Autorità Garante della Concorrenza e del Mercato
Reference for a preliminary ruling – Article 50 of the Charter of Fundamental Rights of the European Union – Principle ne bis in idem – Penalty imposed concerning unfair commercial practices – Criminal nature of the penalty – Criminal penalty imposed in a Member State after the adoption of a penalty concerning unfair commercial practices in another Member State but which became final before the latter penalty – Article 52(1) – Limitations to the principle ne bis in idem – Conditions – Coordination of proceedings and penalties
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 30 March 2023
ECLI:EU:C:2023:265 |
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Judgment of the Court (First Chamber) of 14 September 2023
ECLI:EU:C:2023:663 |
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Case C-55/22 NK v Bezirkshauptmannschaft Feldkirch
Reference for a preliminary ruling – Article 50 of the Charter of Fundamental Rights of the European Union – Principle ne bis in idem – Final termination of a first set of proceedings brought for an infringement of a provision of national legislation on games of chance – Administrative penalty of a criminal nature imposed for the same acts for an infringement of a different provision of that legislation – First set of proceedings terminated on account of an incorrect legal classification of the offence committed
Request for a preliminary ruling from the Landesverwaltungsgericht Vorarlberg
Language of the case: German
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Judgment of the Court (Sixth Chamber) of 14 September 2023
ECLI:EU:C:2023:670 |
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Case C-83/22 RTG v Tuk Tuk Travel
Reference for a preliminary ruling – Directive (EU) 2015/2302 – Article 5 – Package travel and linked travel arrangements – Termination of a package travel contract – Unavoidable and extraordinary circumstances – COVID-19 pandemic – Right to terminate the contract – Request for full refund – Information obligation on the travel organiser – Article 12 – Application in national law of the principles of the delimitation of the subject matter of an action by the parties and of the correlation between the claims put forward in the action and the rulings contained in the operative part – Effective protection of the consumer – Examination of its own motion by the national court – Conditions
Request for a preliminary ruling from the Juzgado de Primera Instancia de Cartagena
Language of the case: Spanish
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Opinion of Advocate General Medina delivered on 23 March 2023
ECLI:EU:C:2023:245 |
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Judgment of the Court (Second Chamber) of 14 September 2023
ECLI:EU:C:2023:664 |
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Case C-113/22 DX v INSS and Tesorería General de la Seguridad Social (Refus du complément de maternité)
Reference for a preliminary ruling – Social policy – Directive 79/7/EEC – Equal treatment for men and women in matters of social security – Article 6 – National legislation providing for the right to a pension supplement only for women – Preliminary ruling from the Court from which it may be held that that legislation constitutes direct discrimination on grounds of sex – Administrative practice of continuing to apply that legislation despite that ruling – Separate discrimination – Pecuniary damages – Reimbursement of expenditure relating to costs and lawyers’ fees
Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia
Language of the case: Spanish
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Judgment of the Court (Second Chamber) of 14 September 2023
ECLI:EU:C:2023:665 |
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Case C-246/22 Staatsanwaltschaft Köln and Bundesamt für Güterverkehr (Transport of empty containers)
Reference for a preliminary ruling – Transport operations – Combined transport of goods between Member States – Directive 92/106/EEC – International carriage of goods by road – Regulation (EC) No 1072/2009 – Transport of empty containers before loading or after unloading of goods in the context of combined transport – Non-applicability of the provisions relating to cabotage operations
Request for a preliminary ruling from the Amtsgericht Köln
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 20 April 2023
ECLI:EU:C:2023:324 |
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Judgment of the Court (Seventh Chamber) of 14 September 2023
ECLI:EU:C:2023:673 |
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Case C-393/22 EXTÉRIA v Spravíme
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Special jurisdiction in matters relating to a contract – Article 7(1)(b) – Concept of contract for the ‘provision of services’ – Termination of a contract to enter into a future contract relating to the future conclusion of a franchise agreement
Request for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
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Judgment of the Court (Seventh Chamber) of 14 September 2023
ECLI:EU:C:2023:675 |
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Case C-478/21 P China Chamber of Commerce for Import and Export of Machinery and Electronic Products and Others v Commission
Appeal – Dumping – Implementing Regulation (EU) 2018/140 – Imports of certain cast iron articles originating in the People’s Republic of China and in India – Definitive anti-dumping duty – Action for annulment – Admissibility – Standing to bring proceedings – Representative association of exporters – Regulation (EU) 2016/1036 – Article 3(2), (3), (6) and (7) – Injury – Calculation of the import volume – Positive evidence – Objective examination – Extrapolation – Calculation of the EU industry’s cost of production – Prices charged intra-group – Causal link – Assessment of injury by segment – None – Article 6(7) – Article 20(2) and (4) – Procedural rights
Language of the case: English
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Opinion of Advocate General Medina delivered on 16 February 2023
ECLI:EU:C:2023:117 |
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Judgment of the Court (Second Chamber) of 21 September 2023
ECLI:EU:C:2023:685 |
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Case C-568/21 Staatssecretaris van Justitie en Veiligheid v E. and S (Diplomatic card)
Reference for a preliminary ruling – Area of freedom, security and justice – Dublin System – Regulation (EU) No 604/2013 – Criteria and mechanisms for determining the Member State responsible for examining an application for international protection – Responsibility of the Member State which issued a residence document to the applicant – Article 2(l) – Meaning of ‘residence document’ – Diplomatic card issued by a Member State – Vienna Convention on Diplomatic Relations
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Opinion of Advocate General Collins delivered on 9 March 2023
ECLI:EU:C:2023:189 |
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Judgment of the Court (First Chamber) of 21 September 2023
ECLI:EU:C:2023:683 |
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Case C-770/21 OGL-Food Trade Lebensmittelvertrieb v Direktor na Teritorialna direktsia 'Mitnitsa Plovdiv' pri Agentsia 'Mitnitsi'
Reference for a preliminary ruling – Customs union – Regulation (EU) No 952/2013 – Union Customs Code – Articles 70 and 74 – Determination of the customs value – Customs value of fruit and vegetables to which an entry price applies – Regulation (EU) No 1308/2013 – Article 181 – Delegated Regulation (EU) 2017/891 – Article 75(5) and (6) – Declared transaction value higher than the standard import value – Disposal of products under conditions confirming the correctness of the transaction value – Sale by the importer at a loss – Relationship between the importer and the exporter – Judicial review of the decision determining the customs debt
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
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Opinion of Advocate General Richard de la Tour delivered on 20 April 2023
ECLI:EU:C:2023:323 |
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Judgment of the Court (Fifth Chamber) of 21 September 2023
ECLI:EU:C:2023:690 |
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Case C-831/21 P Fachverband Spielhallen and LM v Commission
Appeal – State aid – Article 107(1) TFEU – Concept of ‘aid’ – Condition relating to selective advantage – Tax treatment of operators of public casinos in Germany – Levy on the profits – Partial deductibility of the amounts paid in respect of that levy from the tax base for income or corporation tax and trade tax – Decision of the European Commission – Rejection of a complaint at the end of the preliminary examination stage on the ground that that deductibility does not constitute State aid – Separate finding of no economic advantage and no selectivity – Action before the General Court of the European Union limited to the finding of no selectivity – Action deemed ineffective – Identification by the Commission of the reference system or ‘normal’ tax system – Interpretation for that purpose of the applicable national tax law – Classification of the levy on the profits as a ‘special tax’ deductible in respect of ‘costs associated with commercial transactions’ – Principle ne ultra petita
Language of the case: German
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Opinion of Advocate General Pikamäe delivered on 25 May 2023
ECLI:EU:C:2023:432 |
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Judgment of the Court (Second Chamber) of 21 September 2023
ECLI:EU:C:2023:686 |
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Case C-47/22 Apotheke B. v Bundesamt für Sicherheit im Gesundheitswesen
Reference for a preliminary ruling – Pharmaceutical and cosmetic products – Medicinal products for human use – Directive 2001/83/EC – Article 77(6) – Article 79(b) – Article 80(b) – Guidelines on Good Distribution Practice of medicinal products for human use (GDP) – Pharmaceutical distribution chain – Holder of a wholesale distribution authorisation obtaining medicinal products from persons who are authorised to supply medicinal products to the public but who do not hold a distribution authorisation and are not exempted from the obligation to have such an authorisation – Concepts of ‘sufficient competent staff’ and ‘responsible person’ – Suspension or withdrawal of the wholesale distribution authorisation
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
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Opinion of Advocate General Pikamäe delivered on 16 March 2023
ECLI:EU:C:2023:225 |
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Judgment of the Court (Fifth Chamber) of 21 September 2023
ECLI:EU:C:2023:691 |
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Case C-116/22 Commission v Germany (Protection of special areas of conservation)
Failure of a Member State to fulfil obligations – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 4(4) and Article 6(1) – Failure to designate special areas of conservation – Failure to determine conservation objectives – Absence or insufficiency of conservation measures – Administrative practice
Language of the case: German
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Opinion of Advocate General Ćapeta delivered on 20 April 2023
ECLI:EU:C:2023:317 |
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Judgment of the Court (Second Chamber) of 21 September 2023
ECLI:EU:C:2023:687 |
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Case C-139/22 AM and PM v mBank (Polish register of unlawful terms)
Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan contract index-linked to a foreign currency – Criteria for assessment of whether a conversion clause is unfair – National register of standard business terms which are held to be unlawful – Duty to provide information
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy - Śródmieścia w Warszawie
Language of the case: Polish
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Judgment of the Court (Ninth Chamber) of 21 September 2023
ECLI:EU:C:2023:692 |
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Case C-143/22 ADDE and Others v Ministre de l'Intérieur
Reference for a preliminary ruling – Area of freedom, security and justice – Border control, asylum and immigration – Regulation (EU) 2016/399 – Article 32 – Temporary reintroduction of border control by a Member State at its internal borders – Article 14 – Refusal of entry – Equation of internal borders with external borders – Directive 2008/115/EC – Scope – Article 2(2)(a)
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Rantos delivered on 30 March 2023
ECLI:EU:C:2023:271 |
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Judgment of the Court (Fourth Chamber) of 21 September 2023
ECLI:EU:C:2023:689 |
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Case C-151/22 S and Others v Staatssecretaris van Veiligheid en Justitie (Political opinions in the host Member State)
Reference for a preliminary ruling – Area of freedom, security and justice – Common asylum policy – Eligibility for refugee status – Directive 2011/95/EU – Article 10(1)(e) and (2) – Reasons for persecution – ‘Political opinion’ – Concept – Political opinions developed in the host Member State – Article 4 – Assessment of the well-founded fear of persecution on account of those political opinions
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Judgment of the Court (Third Chamber) of 21 September 2023
ECLI:EU:C:2023:688 |
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Case C-164/22 Ministerio Fiscal v Juan
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Grounds for non-execution – Point 2 of Article 3 – Principle ne bis in idem – Concept of ‘same acts’ – Set of concrete circumstances which are inextricably linked together – Fraudulent activities carried out by the requested person in two Member States, through two separate legal entities and to the detriment of different victims
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
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Judgment of the Court (First Chamber) of 21 September 2023
ECLI:EU:C:2023:684 |
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Case C-210/22 Stappert Deutschland v Hauptzollamt Hannover
Reference for a preliminary ruling – Customs union – Regulation (EU) No 952/2013 – Union Customs Code – Article 60(2) – Acquisition of origin of goods – Delegated Regulation (EU) 2015/2446 – Article 32 – Goods the production of which involves more than one country or territory – Annex 22-01 – Primary rule applicable to goods under subheading 7304 41 of the Harmonised System – Concept of ‘hollow profile’ – Steel ‘tube blanks’ under subheading 7304 49 of the Harmonised System, obtained by hot-forming and enabling the production of steel tubes by cold forming, under subheading 7304 41 of the Harmonised System – Validity of the primary rule
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
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Judgment of the Court (Ninth Chamber) of 21 September 2023
ECLI:EU:C:2023:693 |
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Case C-510/22 Romaqua Group v Societatea Națională Apele Minerale and Agenția Națională pentru Resurse Minerale
Reference for a preliminary ruling – Articles 102 and 106 TFEU – Public undertakings – Freedom to conduct a business – Freedom of establishment – Undertaking that is wholly owned by a Member State and holds exclusive concessions for the exploitation of natural mineral water following an award without a competitive tendering procedure – National legislation allowing for the unlimited extension of the concession
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
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Judgment of the Court (Ninth Chamber) of 21 September 2023
ECLI:EU:C:2023:694 |
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Case C-58/23 Y.N. v Republika Slovenija
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Area of freedom, security and justice – Asylum policy – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Articles 22 and 23 – Right to legal assistance and representation – Article 46(4) – Reasonable period of time for lodging an appeal – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy before a tribunal – Rejection of an application for international protection as manifestly unfounded by accelerated procedure
Request for a preliminary ruling from the Upravno sodišče Republike Slovenije
Language of the case: Slovene
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Order of the Court (Eighth Chamber) of 27 September 2023
ECLI:EU:C:2023:748 |
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Case C-692/20 Commission v United Kingdom (Fiscal marking of gasoil)
Failure of a Member State to fulfil obligations – Judgment of the Court finding a failure to fulfil obligations – Failure to comply with the judgment – Directive 95/60/EC – Fiscal marking of gas oils – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Protocol on Ireland and Northern Ireland – Continuation of the infringement after the end of the transition period as regards Northern Ireland – Article 260(2) TFEU – Pecuniary penalties – Lump sum – Gravity of the infringement – Payment capacity
Language of the case: English
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Opinion of Advocate General Collins delivered on 8 December 2022
ECLI:EU:C:2022:972 |
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Judgment of the Court (First Chamber) of 28 September 2023
ECLI:EU:C:2023:707 |
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Case C-123/21 P Changmao Biochemical Engineering v Commission
Appeal – Dumping – Imports of tartaric acid originating in China – Determination of normal value – Regulation (EU) 2016/1036 – Article 2(7) – Protocol on the Accession of the People’s Republic of China to the World Trade Organisation (WTO) – Article 15 – Determination of the state of vulnerability of the European Union industry – Determination of the existence of a threat of injury
Language of the case: English
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Opinion of Advocate General Ćapeta delivered on 17 November 2022
ECLI:EU:C:2022:890 |
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Judgment of the Court (First Chamber) of 28 September 2023
ECLI:EU:C:2023:708 |
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Case C-320/21 P Ryanair v Commission
Appeal – State aid – Article 107(2)(b) TFEU – Swedish air transport market – Aid granted by the Kingdom of Sweden to an airline amid the COVID-19 pandemic – Temporary Framework for State aid measures – State guarantee on a revolving credit facility – Decision by the European Commission not to raise objections – Aid intended to make good the damage suffered by a single victim – Principles of proportionality and non-discrimination – Freedom of establishment and freedom to provide services
Language of the case: English
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Opinion of Advocate General Pitruzzella delivered on 26 January 2023
ECLI:EU:C:2023:54 |
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Judgment of the Court (Fourth Chamber) of 28 September 2023
ECLI:EU:C:2023:712 |
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Case C-321/21 P Ryanair v Commission
Appeal – State aid – Article 107(2)(b) TFEU – Danish air transport market – Aid granted by the Kingdom of Denmark to an airline amid the COVID-19 pandemic – Temporary Framework for State aid measures – State guarantee on a revolving credit facility – Decision by the European Commission not to raise objections – Aid intended to make good the damage suffered by a single victim – Principles of proportionality and non-discrimination – Freedom of establishment and freedom to provide services
Language of the case: English
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Judgment of the Court (Fourth Chamber) of 28 September 2023
ECLI:EU:C:2023:713 |
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Case C-671/21 Gargždų geležinkelis v Lietuvos transporto saugos administracija and Others
Reference for a preliminary ruling – Single European railway area – Directive 2012/34/EU – Allocation of railway infrastructure capacity – Article 45 – Scheduling – Article 46 – Coordination process – Article 47 – Congested infrastructure – Prioritisation of specific services – Priority criteria – National legislation providing for priority rules linked to the intensity of the use of the infrastructure
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 16 March 2023
ECLI:EU:C:2023:221 |
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Judgment of the Court (First Chamber) of 28 September 2023
ECLI:EU:C:2023:709 |
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Case C-133/22 LACD v BB Sport
Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Point 14 of Article 2 – Directive (EU) 2019/771 – Point 12 of Article 2 – Commercial guarantee – Specifications or any other requirements not related to the conformity of the goods sold, set out in the guarantee statement or in the relevant advertising – Undertaking by a guarantor in respect of the consumer’s satisfaction with the goods purchased – Verification that the consumer is not satisfied
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Pikamäe delivered on 9 March 2023
ECLI:EU:C:2023:192 |
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Judgment of the Court (Third Chamber) of 28 September 2023
ECLI:EU:C:2023:710 |
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Case C-508/22 KL and PO v Administrația Județeană a Finanțelor Publice Brașov (Transfert du droit au remboursement)
Reference for a preliminary ruling – Internal taxation – Article 110 TFEU – Repayment of a tax levied by a Member State in breach of EU law – Tax on the first registration of a motor vehicle – Incorporation of the tax in the market value of the vehicle in respect of which that tax was paid – Transfer to a subsequent purchaser of the vehicle of the right to reimbursement
Request for a preliminary ruling from the Curtea de Apel Braşov
Language of the case: Romanian
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Judgment of the Court (Eighth Chamber) of 28 September 2023
ECLI:EU:C:2023:715 |
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Cases C-564/23 P(R) Council v Mazepin
Appeal – Interim relief – Restrictive measures taken having regard to the situation in Ukraine – Freezing of funds and economic resources – Maintenance of the name of a natural person on the list of persons, entities and bodies subject to those measures – Suspension of the process of ‘re-listing’ that person – Publication of a note in the Official Journal of the European Union – Obligation to take measures on visas granted by Member States – Measures which may be adopted by the judge hearing the application for interim measures
Language of the case: English
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Order of the Vice-President of the Court of 28 September 2023
ECLI:EU:C:2023:727 |
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Information (on unpublished decisions)
Case C-230/22 Criminal proceedings against KN and Others
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Statement of the reasons justifying the need for an interpretation of certain provisions of European Union law by the Court of Justice and of the relationship between those provisions and the national legislation applicable – Insufficient information – Manifest inadmissibility
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Order of the Court (Sixth Chamber) of 6 September 2023 ECLI:EU:C:2023:662 |
Case C-96/23 P TL v Commission
Appeal – Civil service – Members of the temporary staff – Appraisal report for 2019 – Action for annulment and for damages – Distortion of the evidence – Error of law as to the obligation to state reasons and the legal value of documents internal to the European Commission – Manifest error of assessment in relation to alleged psychological harassment – Article 181 of the Rules of Procedure of the Court of Justice – Appeal manifestly unfounded
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Order of the Court (Eighth Chamber) of 6 September 2023 ECLI:EU:C:2023:659 |
Case C-803/21 P Versobank v ECB
Appeal – Prudential supervision of credit institutions – Specific supervisory tasks assigned to the European Central Bank (ECB) – Decision to withdraw the authorisation of the credit institution Versobank AS – Division of powers between the ECB and the national competent authorities – Procedural rights – Procedural defects
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Judgment of the Court (First Chamber) of 7 September 2023 ECLI:EU:C:2023:630 |
Case C-197/22 Commission v Italy (Valeurs limites – Arsenic et fluorures)
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Judgment of the Court (Tenth Chamber) of 7 September 2023 ECLI:EU:C:2023:642 |
Case C-384/22 Commission v Spain (Protection contre les rayonnements ionisants)
Failure of a Member State to fulfil obligations – Protection of health – Directive 2013/59/Euratom – Basic safety standards for protection against the dangers arising from exposure to ionising radiation – Article 106 – Transposition – Failure to transpose or to communicate the measures taken within the prescribed time limit
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Judgment of the Court (Tenth Chamber) of 7 September 2023 ECLI:EU:C:2023:643 |
Case C-124/22 P Apostolopoulou and Apostolopoulou-Chrysanthaki v Commission
Appeal – Non-contractual liability of the European Union – Grant agreements concluded in the context of various European programmes – Judgments of the General Court finding a breach of contractual terms by the beneficiary company – Partnership governed by Greek law – Company placed under liquidation – Proceedings before the national courts brought against the partners in the beneficiary company, seeking enforcement of the judgments of the General Court ordering recovery of the grants – Allegedly false assertions made by the European Commission in the national proceedings – Sufficiently serious breach of a rule of law intended to confer rights on individuals – Rule of EU law
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Judgment of the Court (Tenth Chamber) of 14 September 2023 ECLI:EU:C:2023:677 |
Case C-445/23 R Poland v Parliament and Council
Interim relief – Article 263 TFUE – Action for the annulment of an EU act – Article 278 TFUE – Request to suspend the operation of that act – Decision (EU) 2023/852 – Market stability reserve for the EU greenhouse gas emission trading scheme – Increase in the number of allowances placed in reserve – Urgency – Energy security – Deterioration in the economic and social situation of a Member State
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Order of the Vice-President of the Court of 18 September 2023 ECLI:EU:C:2023:703 |
Case C-321/23 P Mordalski v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request not demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court of 26 September 2023 ECLI:EU:C:2023:705 |
Case C-250/23 P LG Electronics v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 27 September 2023 ECLI:EU:C:2023:706 |
Case C-262/22 P QI and Others v Commission and ECB
Appeal – Action for damages – Economic and monetary policy – Restructuring of Greek public debt – Private sector involvement – Mandatory exchange of State bonds governed by Greek law – Collective action clauses – Activation – Damage relating to the reduction of the face value of the government bonds exchanged – Principle of proportionality
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Judgment of the Court (Sixth Chamber) of 28 September 2023 ECLI:EU:C:2023:714 |
Case C-32/23 P QI v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Reports procedure – Appraisal reports – Manifest error of assessment – Action for annulment – Respect for the rules of objectivity and impartiality – Errors of law – Instances of distortion of the clear sense of the evidence – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Sixth Chamber) of 28 September 2023 ECLI:EU:C:2023:722 |
Case C-274/23 P Romedor Pharma v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 28 September 2023 ECLI:EU:C:2023:728 |
Case C-275/23 P Romedor Pharma v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 28 September 2023 ECLI:EU:C:2023:723 |
Case C-276/23 P Romedor Pharma v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 28 September 2023 ECLI:EU:C:2023:725 |
October 2023
Case C-146/22 YD v Dyrektor Krajowej Informacji Skarbowej (VAT on hot dairy beverages)
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 98(2) – Discretionary power of the Member States to apply a reduced rate to certain supplies of goods and services – Points 1 and 12a of Annex III – Similar foodstuffs prepared from the same main ingredient – Hot beverages prepared on the basis of milk – Application of different reduced VAT rates – Goods with the same objective characteristics and properties – Goods accompanied by preparation and serving services on the part of the supplier or not accompanied by such services
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu
Language of the case: Polish
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Judgment of the Court (Eighth Chamber) of 5 October 2023
ECLI:EU:C:2023:739 |
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Case C-219/22 Criminal proceedings against QS (Revocation of suspension)
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Framework Decision 2008/675/JHA – Taking account of convictions in the Member States in the course of new criminal proceedings – Article 1(1) – Scope – Article 3(1), (3) and (4) – Obligation to recognise the effects of previous convictions handed down in other Member States as equivalent to those attached to national convictions – Conditions – Imposition of a custodial sentence accompanied by a probationary suspension – New offence committed during the period of suspension – Revocation of suspension and effective execution of the custodial sentence – Interference with the previous conviction and any decision relating to its execution – Framework Decision 2008/947/JHA – Article 14(1) – Recognition of convictions with a view to the supervision of probation measures and the possible revocation of the suspension of execution
Request for a preliminary ruling from the Rayonen sad - Nesebar
Language of the case: Bulgarian
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Opinion of Advocate General Pikamäe delivered on 20 April 2023
ECLI:EU:C:2023:322 |
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Judgment of the Court (Fourth Chamber) of 5 October 2023
ECLI:EU:C:2023:732 |
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Case C-294/22 OFPRA v SW (Statut de réfugié d’un apatride d’origine palestinienne)
References for a preliminary ruling – Common policy on asylum and subsidiary protection – Directive 2011/95/EU – Article 12 – Exclusion from being a refugee – Person registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) – Conditions for that person to be entitled ipso facto to the benefits of Directive 2011/95 – Cessation of UNRWA protection or assistance – Failure to provide medical care – Conditions
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Emiliou delivered on 4 May 2023
ECLI:EU:C:2023:388 |
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Judgment of the Court (Fourth Chamber) of 5 October 2023
ECLI:EU:C:2023:733 |
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Case C-296/22 A.T.U. Auto-Teile-Unger and Carglass v FCA Italy
Reference for a preliminary ruling – Regulation (EU) 2018/858 – Approval and market surveillance for vehicle repair and maintenance information services of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles – Article 61(1) and (4) – Point 2.9 of Annex X – Motor vehicle on-board diagnostic (OBD) information – Unrestricted, standardised and non-discriminatory access – Manufacturers’ obligations – Rights of independent operators
Request for a preliminary ruling from the Landgericht Köln
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 5 October 2023
ECLI:EU:C:2023:743 |
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Case C-355/22 Osteopathie Van Hauwermeiren v Belgische Staat
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Maintenance of the effects of national legislation incompatible with EU law
Request for a preliminary ruling from the Rechtbank van eerste aanleg Oost-Vlaanderen Afdeling Gent
Language of the case: Dutch
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Judgment of the Court (Sixth Chamber) of 5 October 2023
ECLI:EU:C:2023:737 |
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Case C-496/22 EI v Brink’s Cash Solutions
Reference for a preliminary ruling – Social policy – Approximation of the laws of the Member States relating to collective redundancies – Directive 98/59/EC – The first subparagraph of Article 1(1)(b) and Article 6 – Procedure for informing and consulting workers in the event of projected collective redundancies – No workers’ representatives appointed – National legislation allowing an employer not to inform and consult the workers concerned individually
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
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Judgment of the Court (Seventh Chamber) of 5 October 2023
ECLI:EU:C:2023:741 |
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Case C-505/22 Deco Proteste - Editores v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Taxable transactions – Article 2(1)(a) – Supply of goods for consideration – Free supply of a tablet or smartphone in exchange for a new subscription to a magazine – Concept of ‘single supply’ – Criteria – Second paragraph of Article 16 – Application of goods for business use as gifts of small value
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
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Judgment of the Court (Seventh Chamber) of 5 October 2023
ECLI:EU:C:2023:731 |
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Case C-565/22 Verein für Konsumenteninformation v Sofatutor
Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Consumer rights – Subscription of a consumer to an online learning platform – Automatic extension of the contract – Right of withdrawal
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 5 October 2023
ECLI:EU:C:2023:735 |
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Case C-659/22 RK v Ministerstvo zdravotnictví (Application mobile Covid-19)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 4(2) – Concept of ‘processing’ of personal data – Mobile application – Verification of the validity of ‘EU Digital COVID Certificates’ issued pursuant to Regulation (EU) 2021/953
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
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Judgment of the Court (Eighth Chamber) of 5 October 2023
ECLI:EU:C:2023:745 |
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Case C-761/22 Verband Wirtschaft im Wettbewerb Verein für Lauterkeit in Handel und Industrie v Roller
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Reply which admits of no reasonable doubt – Energy – Framework for energy labelling – Regulation (EU) 2017/1369 – Article 6, first paragraph, point (a) – Obligation on suppliers and dealers of a product to make reference, in their visual advertisements, to the energy efficiency class of that product and the range of energy efficiency classes shown on the label for the product group concerned – Direct applicability of that obligation – Margin of discretion available to those suppliers and dealers to comply with that obligation in the absence of the adoption of a delegated act on the basis of that regulation
Request for a preliminary ruling from the Landgericht Bochum
Language of the case: German
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Order of the Court (Eighth Chamber) of 5 October 2023
ECLI:EU:C:2023:756 |
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Case C-25/23 AL v Princess Holdings
Reference for a preliminary ruling – Article 53(2), Article 94(b) and (c) and Article 99 of the Rules of Procedure of the Court of Justice – Consumer protection – Unfair terms in consumer contracts – Bills of exchange – Requirement to set out the regulatory context of the main proceedings – Requirement to state the reasons justifying the need for a reply from the Court – Manifest inadmissibility in part – No jurisdiction of the court of enforcement hearing an objection to assess, of its own motion or at the request of the consumer concerned, the unfairness of the terms of the contract concluded by that consumer with a seller or supplier and forming the basis of the issue of the bills of exchange the enforceability of which is in dispute
Request for a preliminary ruling from the Qorti tal-Maġistrati (Malta)
Language of the case: Maltese
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Order of the Court (Ninth Chamber) of 5 October 2023
ECLI:EU:C:2023:786 |
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Case C-84/23 Dinamel v Ministerul Agriculturii şi Dezvoltării Rurale
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Agriculture – Common organisation of the markets – Union scales for the classification of beef, pig and sheep carcasses – Delegated Regulation (EU) 2017/1182 – Derogations from the general obligation to classify carcasses – Slaughterhouses – Article 2(1) – Derogations granted to small scale establishments – National legislation which makes no provision for the grant of such derogations – Compulsory or optional nature of such derogations
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
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Order of the Court (Eighth Chamber) of 5 October 2023
ECLI:EU:C:2023:752 |
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Case C-670/21 BA v Finanzamt X (Successions - Politique sociale de logement dans l’Union)
Reference for a preliminary ruling – Taxation – Free movement of capital – Articles 63 to 65 TFEU – Inheritance tax – Movement of capital between Member States and third countries – Immovable property located in a third country – More favourable tax treatment for immovable property located in a Member State or in a State which is party to the Agreement on the European Economic Area – Restriction – Justification – Housing policy – Effectiveness of fiscal supervision
Request for a preliminary ruling from the Finanzgericht Köln
Language of the case: German
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Opinion of Advocate General Collins delivered on 9 February 2023
ECLI:EU:C:2023:89 |
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Judgment of the Court (First Chamber) of 12 October 2023
ECLI:EU:C:2023:763 |
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Case C-726/21 Criminal proceedings against GR and Others
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Convention implementing the Schengen Agreement – Article 54 – Charter of Fundamental Rights of the European Union – Article 50 – Principle ne bis in idem – Assessment in the light of the facts contained in the grounds of the judgment – Assessment in the light of the facts examined in the context of a preliminary investigation and omitted from the indictment – Meaning of ‘the same acts’
Request for a preliminary ruling from the Županijski sud u Puli-Pola
Language of the case: Croatian
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Opinion of Advocate General Emiliou delivered on 23 March 2023
ECLI:EU:C:2023:240 |
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Judgment of the Court (First Chamber) of 12 October 2023
ECLI:EU:C:2023:764 |
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Case C-11/22 Est Wind Power v Elering
Reference for a preliminary ruling – Aid granted by Member States – Renewable energy subsidy – Construction of a wind farm – Communication from the Commission entitled ‘Guidelines on State aid for environmental protection and energy 2014-2020’ – Paragraph 19(44) and footnote 66 – Concepts of ‘start of works’, ‘construction works on the investment’, ‘other commitment that makes the investment irreversible’ and ‘necessary state authorisation for constructing the project’ – Type and intensity of the scrutiny that must be conducted by the competent national authority
Request for a preliminary ruling from the Tallinna Halduskohus
Language of the case: Estonian
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Opinion of Advocate General Rantos delivered on 23 March 2023
ECLI:EU:C:2023:241 |
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Judgment of the Court (First Chamber) of 12 October 2023
ECLI:EU:C:2023:765 |
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Case C-21/22 OP v Notariusz Justyna Gawlica (Choice of the law of a third State for succession)
Reference for a preliminary ruling – Judicial cooperation in civil matters – National law applicable in matters of succession – Regulation (EU) No 650/2012 – Article 22 – Choice-of-law clause – Scope ratione personae – Third-country national – Article 75 – Relationship with existing international conventions – Bilateral agreement between the Republic of Poland and Ukraine
Request for a preliminary ruling from the Sąd Okręgowy w Opolu
Language of the case: Polish
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 23 March 2023
ECLI:EU:C:2023:247 |
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Judgment of the Court (Third Chamber) of 12 October 2023
ECLI:EU:C:2023:766 |
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Case C-45/22 HK v Service fédéral des Pensions
Reference for a preliminary ruling – Social security for migrant workers – Regulation (EC) No 883/2004 – Article 55(1)(a) – Overlapping of benefits of a different kind – Application of national rules against overlapping – Calculation of the survivors’ pension – Division of the amounts of the benefit or benefits or other income, as taken into account, by the number of benefits – Concept of ‘amounts as they have been taken into account’
Request for a preliminary ruling from the Tribunal du travail francophone de Bruxelles
Language of the case: French
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Opinion of Advocate General Rantos delivered on 27 April 2023
ECLI:EU:C:2023:358 |
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Judgment of the Court (Seventh Chamber) of 12 October 2023
ECLI:EU:C:2023:772 |
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Case C-57/22 YQ v Ředitelství silnic a dálnic
Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Directive 2003/88/EC – Article 7(1) – Right to paid annual leave – Worker unlawfully dismissed and then reinstated in his or her employment by decision of a court – Exclusion from the right to paid annual leave not taken for the period between the dismissal and the reinstatement – Period between the date of dismissal and the date of the reinstatement
Request for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
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Judgment of the Court (Sixth Chamber) of 12 October 2023
ECLI:EU:C:2023:770 |
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Case C-286/22 KBC Verzekeringen v P&V Verzekeringen
Reference for a preliminary ruling – Insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Point 1 of Article 1 – Concept of a ‘vehicle’ – National legislation providing for the automatic compensation of certain road users who are the victims of a road accident – Person not driving a ‘motor vehicle’ within the meaning of that legislation – Concept equivalent to that of ‘vehicle’ within the meaning of Directive 2009/103 – Bicycle equipped with an electric motor providing pedal assistance, equipped with a boost function which can be activated only after the use of muscular power
Request for a preliminary ruling from the Hof van Cassatie
Language of the case: Dutch
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Judgment of the Court (Fifth Chamber) of 12 October 2023
ECLI:EU:C:2023:767 |
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Case C-312/22 FL v Autoridade Tributária e Aduaneira (Imposition des intérêts provenant d’obligations et de titres de créance)
Reference for a preliminary ruling – Article 56 EC – Free movement of capital – Personal income tax – Taxation of interest income from bonds and debt instruments – Interest due and paid by entities not resident in the national territory – Difference in treatment according to the place of establishment of the issuing entity and the paying entity for the interest concerned – Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Directive 2003/48/EC – Article 2(4) – Taxation of savings income in the form of interest payments from a Swiss source – Obligation to apply the same tax rates as those applied to similar domestic income
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
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Judgment of the Court (Sixth Chamber) of 12 October 2023
ECLI:EU:C:2023:771 |
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Case C-326/22 Z. v A. (Droit d’obtenir un duplicata du contrat de crédit)
Reference for a preliminary ruling – Consumer protection – Credit agreements for consumers – Directive 2008/48/EC – Article 16(1) – Contractual rights and obligations – Early repayment – Reduction in the total cost of the credit for consumers – Loss of a copy of the agreement – Right to obtain a duplicate of the agreement from the creditor
Request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie
Language of the case: Polish
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Judgment of the Court (Tenth Chamber) of 12 October 2023
ECLI:EU:C:2023:775 |
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Case C-645/22 R. A . and Others v Luminor Bank
Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Effects of a term being found to be unfair – Intention of a consumer to preserve a contract by amending the terms found to be unfair – Powers of the national court
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
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Judgment of the Court (Ninth Chamber) of 12 October 2023
ECLI:EU:C:2023:774 |
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Case C-660/20 MK v Lufthansa CityLine
Reference for a preliminary ruling – Social policy – Part-time work – Directive 97/81/EC – Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Clause 4.1 – Principle of non-discrimination of part-time workers – Principle pro rata temporis – Pilots – Remuneration for additional flying duty hours – Identical trigger thresholds for full-time and part-time pilots – Difference in treatment
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Opinion of Advocate General Emiliou delivered on 1 December 2022
ECLI:EU:C:2022:953 |
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Judgment of the Court (First Chamber) of 19 October 2023
ECLI:EU:C:2023:789 |
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Case C-655/21 Criminal proceedings against G. ST. T (Proportionality of the penalty for trade mark infringement)
Reference for a preliminary ruling – Enforcement of intellectual property rights – Directive 2004/48/EC – Article 13 – Criminal procedure – Scope – Harm suffered by the trade mark proprietor as a constituent element of the offence – Agreement on Trade-Related Aspects of International Property Rights (TRIPS) – Article 61 – Charter of Fundamental Rights of the European Union – Article 51(1) – Implementation of EU law – Powers – Article 49(1) and (3) – Legality and proportionality of penalties
Request for a preliminary ruling from the Rayonen sad - Nesebar
Language of the case: Bulgarian
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Opinion of Advocate General Pitruzzella delivered on 27 April 2023
ECLI:EU:C:2023:356 |
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Judgment of the Court (Fourth Chamber) of 19 October 2023
ECLI:EU:C:2023:791 |
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Case C-88/22 P QB v Commission
Appeal – Civil service – Annex VII to the Staff Regulations of Officials of the European Union – Article 4(1)(a), second indent – Temporary staff – Remuneration – Expatriation allowance – Conditions for granting – Main occupation – Work done for another State
Language of the case: English
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Opinion of Advocate General Kokott delivered on 4 May 2023
ECLI:EU:C:2023:387 |
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Judgment of the Court (Fourth Chamber) of 19 October 2023
ECLI:EU:C:2023:792 |
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Case C-147/22 Criminal proceedings against Terhelt5
Reference for a preliminary ruling – Convention implementing the Schengen Agreement – Article 54 – Charter of Fundamental Rights of the European Union – Article 50 – Principle ne bis in idem – Admissibility of criminal prosecution for corruption of an accused person in one Member State after the closure of the criminal proceedings brought against him in respect of the same acts by the public prosecutor’s office of another Member State – Conditions which must be satisfied in order for the accused person’s trial to be regarded as having been finally disposed of – Condition of an assessment of the merits of the case – Requirement for a detailed investigation – No questioning of the accused person
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Opinion of Advocate General Emiliou delivered on 6 July 2023
ECLI:EU:C:2023:549 |
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Judgment of the Court (Second Chamber) of 19 October 2023
ECLI:EU:C:2023:790 |
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Case C-186/22 Sad Trasporto Locale v Provincia autonoma di Bolzano
Reference for a preliminary ruling – Transport – Regulation (EC) No 1370/2007 – Public passenger transport services by rail and by road – Scope – Article 1(2) – Cableway installations – Direct award of a transport public service contract by a competent local authority to an internal operator – Transfer of the operating risk – Public service compensation
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Fifth Chamber) of 19 October 2023
ECLI:EU:C:2023:795 |
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Case C-325/22 TS and HI v Ministar na zemedelieto, hranite i gorite
Reference for a preliminary ruling – Aid granted by Member States – Article 107(1) TFEU – Concept of an ‘undertaking’ – Regulation (EU) 2015/1589 – Recovery of unlawful aid – Decision (EU) 2015/456 – Swaps of forest land – Determining the ‘market value’
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
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Judgment of the Court (Fourth Chamber) of 19 October 2023
ECLI:EU:C:2023:793 |
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Case C-591/22 L. v Minister van Landbouw, Natuur en Voedselkwaliteit (Gallus gallus)
Reference for a preliminary ruling – Hygiene of foodstuffs – Reduction of salmonella in breeding flocks of Gallus gallus – Regulation (EU) No 200/2010 – Annex – Point 2.2.2.2(c) – Routine sampling – Positive result – Confirmatory sampling – Exceptional cases – Doubt as to the results – Scope
Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
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Judgment of the Court (Seventh Chamber) of 19 October 2023
ECLI:EU:C:2023:799 |
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Case C-331/21 Autoridade da Concorrência and Others v Ministério Público
Reference for a preliminary ruling – Article 101 TFEU – Agreements, decisions and concerted practices – Prohibition of agreements, decisions and concerted practices – Agreements between undertakings – Distinction between a vertical and a horizontal agreement – Potential competition – Restriction of competition by object or by effect – Agreement between a supplier of electricity and a retailer of consumer products operating hypermarkets and supermarkets – Non-compete clause – Regulation (EU) No 330/2010 – Agency contract – Liberalisation of the market for the supply of electricity
Request for a preliminary ruling from the Tribunal da Relação de Lisboa
Language of the case: Portuguese
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Opinion of Advocate General Rantos delivered on 2 March 2023
ECLI:EU:C:2023:153 |
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Judgment of the Court (Third Chamber) of 26 October 2023
ECLI:EU:C:2023:812 |
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Joined Cases C-207/22, C-267/22 and C-290/22 Lineas - Concessões de Transportes and Others v Autoridade Tributária e Aduaneira
References for a preliminary ruling – Economic and monetary policy – Supervision of the European Union’s financial sector – Directive 2013/36/EU – Regulation (EU) No 575/2013 – Financial institution – Concept – Undertaking whose activity is the acquisition of holdings
Requests for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD) and Supremo Tribunal Administrativo
Language of the case: Portuguese
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Opinion of Advocate General Medina delivered on 29 June 2023
ECLI:EU:C:2023:533 |
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Judgment of the Court (First Chamber) of 26 October 2023
ECLI:EU:C:2023:810 |
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Case C-238/22 FW v LATAM Airlines Group
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 2(j) – Article 3 – Article 4(3) – Compensation of air passengers in the event of denied boarding – Passenger informed in advance that boarding would be denied – No obligation for the passenger to present him or herself for boarding – Article 5(1)(c) – Exceptions to the right to compensation in the event of a flight cancellation – Inapplicability of those exceptions in the event of a pre-emptive denial of boarding
Request for a preliminary ruling from the Landgericht Frankfurt am Main
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 26 October 2023
ECLI:EU:C:2023:815 |
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Case C-249/22 BM v GIS
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Supply of services for consideration – Concept – Activities of a public radio and television body financed by a compulsory fee paid by persons in possession of a radio and television receiver in the terrestrial broadcasting area – Article 378(1) and point 2 of Part A of Annex X – Act of accession of the Republic of Austria – Derogation – Scope
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 25 May 2023
ECLI:EU:C:2023:438 |
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Judgment of the Court (Fifth Chamber) of 26 October 2023
ECLI:EU:C:2023:813 |
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Case C-307/22 FT v DW (Copies of medical records)
Reference for a preliminary ruling – Processing of personal data – Regulation (EU) 2016/679 – Articles 12, 15 and 23 – Data subject’s right of access to his or her data undergoing processing – Right to obtain a first copy of those data free of charge – Processing of a patient’s data by his or her medical practitioner – Medical records – Reasons for the request for access – Use of data for the purpose of triggering the liability of the person providing treatment – Concept of ‘copy’
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Emiliou delivered on 20 April 2023
ECLI:EU:C:2023:315 |
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Judgment of the Court (First Chamber) of 26 October 2023
ECLI:EU:C:2023:811 |
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Information (on unpublished decisions)
Case C-235/22 Ministerio Fiscal v Abel (Extradition of a UK national to the United States)
Reference for a preliminary ruling – Dispute in the main proceedings which has become devoid of purpose – No need to adjudicate
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Order of the Court (First Chamber) of 3 October 2023 ECLI:EU:C:2023:730 |
Case C-327/22 Centar za restrukturiranje i prodaju v PROM-VIDIJA
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Second paragraph of Article 19(1) TEU – Principle of judicial independence – Article 47 of the Charter of Fundamental Rights of the European Union – Jurisdiction of the Court – Article 267 TFEU – Admissibility – National legislation concerning the order for dealing with applications – Deferring delivery of a judgment and its notification to the parties – Interpretation necessary to enable the referring court to give judgment – Manifest inadmissibility
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Order of the Court (Tenth Chamber) of 3 October 2023 ECLI:EU:C:2023:757 |
Case C-818/18 P-DEP Pirelli Tyre v EUIPO
Taxation of costs
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Order of the Court (Eighth Chamber) of 5 October 2023 ECLI:EU:C:2023:747 |
Case C-279/22 CH v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Directive 2013/34/EU – Annual financial statements, consolidated financial statements and related reports of certain types of undertakings – Scope of application – Funds of a company used by an employee of that company – Determination of the taxable basis of that employee’s income including those funds
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Judgment of the Court (Sixth Chamber) of 5 October 2023 ECLI:EU:C:2023:734 |
Case C-786/22 P MV v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Notice of Open Competition EPSO/AD/364/19 – Security Officers (AD 7) – Decision of the Selection Board to exclude the appellant from the next stage of the competition – Obligation to state reasons – Possibility for the administration to supplement the statement of reasons for the decision to exclude at the complaint stage – Action for annulment and for damages
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Order of the Court (Eighth Chamber) of 5 October 2023 ECLI:EU:C:2023:753 |
Case C-43/23 P DL v Parliament and Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Public health – Regulation (EU) 2022/1034 – Regulation (EU) 2021/953 – ‘EU Digital COVID Certificate’ – Free movement of persons – Right to healthcare and to life – Restrictions – Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded
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Order of the Court (Eighth Chamber) of 5 October 2023 ECLI:EU:C:2023:755 |
Case C-98/23 P OM v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Temporary staff – Selection procedure – Decision rejecting the applicant’s application and appointing another applicant – Member of the Regulatory Scrutiny Board of the European Commission – Obligation to state reasons – Infringement of the vacancy notice; – Distortion of facts and evidence – Measures of inquiry
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Order of the Court (Eighth Chamber) of 5 October 2023 ECLI:EU:C:2023:749 |
Case C-151/23 ZSE Elektrárne v Finančné riaditeľstvo Slovenskej republiky
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 183 – Excess VAT – Late refund – Taxable person’s entitlement to interest for late payment – Methods of application – Procedural autonomy of the Member States – Principles of effectiveness and fiscal neutrality – National legislation setting the starting point for the calculation of interest for late payment at a date later than that on which the refund would have had to be made had a tax investigation not been carried out
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Order of the Court (Eighth Chamber) of 5 October 2023 ECLI:EU:C:2023:751 |
Case C-153/23 P ANITA and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Action for failure to act – Failure on the part of the European Commission to initiate the procedure for failure to fulfil obligations – Discretionary power of the Commission – Appeal manifestly unfounded
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Order of the Court (Eighth Chamber) of 5 October 2023 ECLI:EU:C:2023:758 |
Case C-221/23 P NO v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Articles 101 and 102 TFEU – Conduct of a national professional body allegedly incompatible with the internal market – Complaint by a professional belonging to that body – Rejection by the European Commission – Article 265 TFEU – Action for failure to act – Dismissal by the General Court of the European Union – Appeal manifestly unfounded
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Order of the Court (Eighth Chamber) of 5 October 2023 ECLI:EU:C:2023:754 |
Case C-795/22 Adolfo v Direccion000 and Others
Reference for a preliminary ruling – Articles 53 and 99 of the Rules of Procedure of the Court of Justice – Social policy – Protection of the safety and health of workers – Organisation of working time – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Article 7 – Right to paid annual leave – Allowance in lieu of leave not taken after the termination of the employment relationship – One-year limitation period – Adequate information provided to the worker
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Order of the Court (Sixth Chamber) of 10 October 2023 ECLI:EU:C:2023:783 |
Case C-342/23 P Thomas Henry v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 11 October 2023 ECLI:EU:C:2023:761 |
Case C-355/23 P Tinnus Enterprises v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Issue that is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 11 October 2023 ECLI:EU:C:2023:780 |
Case C-356/23 P Tinnus Enterprises v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 11 October 2023 ECLI:EU:C:2023:776 |
Case C-357/23 P Tinnus Enterprises v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Issue that is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 11 October 2023 ECLI:EU:C:2023:778 |
Case C-358/23 P Tinnus Enterprises v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Issue that is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 11 October 2023 ECLI:EU:C:2023:809 |
Case C-359/23 P Tinnus Enterprises v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Issue that is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 11 October 2023 ECLI:EU:C:2023:777 |
Case C-360/23 P Tinnus Enterprises v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Issue that is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 11 October 2023 ECLI:EU:C:2023:785 |
Case C-361/23 P Tinnus Enterprises v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Issue that is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 11 October 2023 ECLI:EU:C:2023:779 |
Case C-362/23 P Tinnus Enterprises v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Issue that is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 11 October 2023 ECLI:EU:C:2023:781 |
Case C-363/23 P Tinnus Enterprises v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 11 October 2023 ECLI:EU:C:2023:782 |
Case C-458/23 P Emmentaler Switzerland v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 11 October 2023 ECLI:EU:C:2023:762 |
Case C-445/22 P Larko v Commission
Appeal – Measures of support taken by the Greek authorities in favour of the applicant in the context of a programme for the privatisation of the undertaking – Capital injections and State guarantees – Decision of the European Commission declaring that those measures constitute State aid incompatible with the internal market
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Judgment of the Court (Ninth Chamber) of 12 October 2023 ECLI:EU:C:2023:773 |
Case C-139/23 P Grapevine v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – State aid – Decision on an aid scheme – Action for annulment – Article 263, sixth paragraph, TFEU – Starting point of the period prescribed for instituting proceedings – Out of time – Excusable error – Appeal manifestly unfounded
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Order of the Court (Sixth Chamber) of 16 October 2023 ECLI:EU:C:2023:806 |
Case C-190/22 BL v Presidenza del Consiglio dei Ministri
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to set out the legislative context of the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Sixth Chamber) of 17 October 2023 ECLI:EU:C:2023:804 |
Case C-406/23 P Kaminski v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 17 October 2023 ECLI:EU:C:2023:787 |
Case C-117/23 VU and IT v EUROBANK BULGARIA
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 3(1) and Article 4 – Assessment of the unfairness of contractual terms – Contractual term that is in plain, intelligible language – Bank loan agreement denominated in a foreign currency – Term that places the exchange risk entirely on the consumer – Advantage not specifically agreed upon for the benefit of the credit institution resulting from the conversion, into the settlement currency, of the amount of the loan expressed in the currency of the account – Article 6 – Consequences of a finding that a contractual term is unfair
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Order of the Court (Seventh Chamber) of 18 October 2023 ECLI:EU:C:2023:788 |
Case C-345/23 P Puma v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 18 October 2023 ECLI:EU:C:2023:807 |
Case C-585/23 P(R) Council v Mazepin
Appeal – Interim relief – Application to intervene – Restrictive measures taken having regard to the situation in Ukraine – Application submitted by the High Representative of the Union for Foreign Affairs and Security Policy – Interest in the result of the case – Grant of application to intervene
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Order of the Vice-President of the Court of 18 October 2023 ECLI:EU:C:2023:829 |
Case C-534/22 P Aquino v Parliament
Appeal – Civil service – Staff Committee of the European Parliament – Election of the president of the Staff Committee – Intervention by the Parliament in the electoral process – Lawfulness – Criteria – Statement of reasons
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Judgment of the Court (Sixth Chamber) of 19 October 2023 ECLI:EU:C:2023:802 |
Case C-764/22 P Airoldi Metalli v Commission
Appeal – Dumping – Imports of aluminium flat-rolled products originating in China – Definitive anti-dumping duty – Action for annulment – Importer – Locus standi – Fourth paragraph of Article 263 TFEU – Condition that the measure must be of individual concern to the applicant – Regulatory act not entailing implementing measures
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Judgment of the Court (Seventh Chamber) of 19 October 2023 ECLI:EU:C:2023:800 |
Cases C-456/23 P(R) and C-456/23 P(R)-R VC v EU-OSHA
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Order of the Court hearing an application for interim measures of 24 October 2023 ECLI:EU:C:2023:831 |
Case C-635/22 Assofrutti Rom v Agenţia pentru Finanţarea Investiţiilor Rurale and Centrul Regional pentru Finanţarea Investiţiilor Rurale 5 Vest Timişoara
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Common Agricultural Policy – Financial support for investments in tree plantations – Requirement to set out the legislative context of the dispute in the main proceedings – Requirement to state the reasons justifying the need for an answer from the Court – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Tenth Chamber) of 25 October 2023 ECLI:EU:C:2023:822 |
Case C-610/22 QX v Agos Ducato
Reference for a preliminary ruling – Dispute in the main proceedings which has become devoid of purpose – No need to adjudicate
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Judgment of the Court (Seventh Chamber) of 26 October 2023 ECLI:EU:C:2023:814 |
Case C-138/23 P British Airways v Commission
Appeal – Action for annulment and for damages – Competition – Agreements, decisions and concerted practices – Market for airfreight – Decision relating to proceedings under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport – Annulment by the General Court – Repayment by the European Commission of the principal amount of the fine without interest – Claim by the appellant for interest and compound interest – Remedies – Article 266 TFEU – Failure of the Commission to take a measure necessary to comply with a judgment annulling one of its decisions – Action for damages – Second paragraph of Article 340 TFEU – Limitation period – Article 263 TFEU – Time limit for bringing proceedings – Act confirming a previous measure – Inadmissibility – Article 181 of the Rules of Procedure of the Court of Justice – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Tenth Chamber) of 27 October 2023 ECLI:EU:C:2023:821 |
Case C-495/23 P Wallmax v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 27 October 2023 ECLI:EU:C:2023:824 |
Case C-504/23 P Brooks England v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 27 October 2023 ECLI:EU:C:2023:823 |
Case C-545/23 P(R) Baldan v Commission
Appeal – Interim relief – Dismissal of the main action – Interest in bringing proceedings – Inadmissibility
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Order of the Vice-President of the Court of 31 October 2023 ECLI:EU:C:2023:825 |
November 2023
Case C-249/23 P ClientEarth v Commission
Appeal – Intervention – Second paragraph of Article 40 of the Statute of the Court of Justice of the European Union – Application submitted by Members of the European Parliament – Rejection
Language of the case: English
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Rectification order of 4 December 2023
ECLI:EU:C:2023:953 |
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Order of the President of the Court of 6 November 2023
ECLI:EU:C:2023:828 |
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Case C-558/21 P Global Silicones Council and Others v Commission
Appeal – Regulation (EC) No 1907/2006 (REACH Regulation) – Registration, evaluation, authorisation and restriction of chemicals – Annex XVII – Updating – Restrictions on the manufacture, placing on the market and use of certain dangerous substances, mixtures and articles – Restrictions concerning octamethylcyclotetrasiloxane (D4) and decamethylcyclopentasiloxane (D5) – Persistent, bioaccumulative and toxic substances – Very persistent and very bioaccumulative substances – Unacceptable risks
Language of the case: English
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Opinion of Advocate General Kokott delivered on 20 April 2023
ECLI:EU:C:2023:320 |
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Judgment of the Court (Fourth Chamber) of 9 November 2023
ECLI:EU:C:2023:839 |
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Case C-559/21 P Global Silicones Council and Others v ECHA
Appeal – Establishment of a list of substances identified for eventual inclusion in Annex XIV to Regulation (EC) No 1907/2006 (REACH Regulation) – Entry of octamethylcyclotetrasiloxane (D4), decamethylcyclopentasiloxane (D5) and dodecamethylcyclohexasiloxane (D6) in that list – Persistent, bioaccumulative and toxic substances – Very persistent and very bioaccumulative substances – Bioaccumulation – Bioconcentration factor – Organo-metals
Language of the case: English
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Opinion of Advocate General Kokott delivered on 20 April 2023
ECLI:EU:C:2023:321 |
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Judgment of the Court (Fourth Chamber) of 9 November 2023
ECLI:EU:C:2023:842 |
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Case C-598/21 SP and CI v Všeobecná úverová banka
Reference for a preliminary ruling – Unfair terms in consumer contracts – Consumer credit contract – Directive 93/13/EEC – Article 1(2) – Term reflecting a mandatory statutory provision – Article 3(1), Article 4(1), Article 6(1) and Article 7(1) – Acceleration clause – Judicial review – Proportionality with regard to the consumer breaches of contract – Articles 7 and 38 of the Charter of Fundamental Rights of the European Union – Contract secured by a charge on immovable property – Extrajudicial sale of the consumer’s home
Request for a preliminary ruling from the Krajský súd v Prešove
Language of the case: Slovak
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Opinion of Advocate General Medina delivered on 12 January 2023
ECLI:EU:C:2023:22 |
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Judgment of the Court (Fourth Chamber) of 9 November 2023
ECLI:EU:C:2023:845 |
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Case C-746/21 P Altice Group Lux v Commission
Appeal – Competition – Control of concentrations between undertakings – Regulation (EC) No 139/2004 – Plea of illegality – Article 4(1) – Prior notification obligation for concentrations – Article 7(1) – Concentration standstill obligation – Scope – Concept of the ‘implementation’ of a concentration – Article 14(2) – Decision imposing fines for implementing a concentration before its notification and clearance – Obligation to state reasons – Principle of proportionality – Unlimited jurisdiction
Language of the case: English
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Opinion of Advocate General Collins delivered on 27 April 2023
ECLI:EU:C:2023:361 |
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Judgment of the Court (Third Chamber) of 9 November 2023
ECLI:EU:C:2023:836 |
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Case C-819/21 Staatsanwaltschaft Aachen v M.D.
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Recognition of judgments imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in another Member State – Framework Decision 2008/909/JHA – Article 3(4) and Article 8 – Refusal to enforce – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Fundamental right to a fair trial before an independent and impartial tribunal previously established by law – Systemic or generalised deficiencies in the issuing Member State – Two-step examination – Revocation of the suspension attached to a custodial sentence imposed by a Member State – Enforcement of that sentence by another Member State
Request for a preliminary ruling from the Landgericht Aachen
Language of the case: German
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Opinion of Advocate General Emiliou delivered on 4 May 2023
ECLI:EU:C:2023:386 |
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Judgment of the Court (Fourth Chamber) of 9 November 2023
ECLI:EU:C:2023:841 |
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Case C-125/22 X and Others v Staatssecretaris van Justitie en Veiligheid (Concept of serious harm)
Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Directive 2011/95/EU – Article 15 – Conditions for granting subsidiary protection – Taking into account of factors relating to the applicant’s individual position and personal circumstances and to the general situation in the country of origin – Humanitarian situation
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats 's-Hertogenbosch
Language of the case: Dutch
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Opinion of Advocate General Pikamäe delivered on 8 June 2023
ECLI:EU:C:2023:469 |
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Judgment of the Court (Fourth Chamber) of 9 November 2023
ECLI:EU:C:2023:843 |
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Case C-175/22 Criminal proceedings against BK (Reclassification of the offence)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2012/13/EU – Right to information in criminal proceedings – Article 6 – Right to information about the accusation – Article 6(4) – Changes in the information given – Amendment of the classification of the criminal offence – Obligation to inform the accused person in due time and to offer him or her the opportunity to put forward his or her arguments regarding the new envisaged classification – Effective exercise of the rights of the defence – Fairness of the proceedings – Directive (EU) 2016/343 – Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings – Article 3 – Presumption of innocence – Article 7(2) – Right not to incriminate oneself – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Requirement that the criminal court or tribunal be impartial – Reclassification of the offence on the initiative of the criminal court or tribunal or on the basis of a proposal from the accused person
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
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Opinion of Advocate General Ćapeta delivered on 25 May 2023
ECLI:EU:C:2023:436 |
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Judgment of the Court (Fourth Chamber) of 9 November 2023
ECLI:EU:C:2023:844 |
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Case C-257/22 CD v Ministerstvo vnitra České republiky, Odbor azylové a migrační politiky (Scope of the Return Directive)
Reference for a preliminary ruling – Area of freedom, security and justice – Return of illegally staying third-country nationals – Directive 2008/115/EC – Article 3(2) – Concept of ‘illegal stay’ – Directive 2013/32/EU – Applicant for international protection – Article 9(1) – Right to remain in the Member State pending the examination of the application – Return decision adopted before the adoption of the first-instance decision rejecting the application for international protection
Request for a preliminary ruling from the Krajský soud v Brně
Language of the case: Czech
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Judgment of the Court (Tenth Chamber) of 9 November 2023
ECLI:EU:C:2023:852 |
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Joined Cases C-271/22 to C-274/22 XT and Others v Keolis Agen
Reference for a preliminary ruling – Social policy – Organisation of working time – Directive 2003/88/EC – Article 7 – Right to paid annual leave – Carry-over of entitlements to paid annual leave in the event of long-term illness – Charter of Fundamental Rights of the European Union – Article 31(2)
Requests for a preliminary ruling from the Conseil de Prud’hommes d’Agen
Language of the case: French
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Opinion of Advocate General Ćapeta delivered on 23 March 2023
ECLI:EU:C:2023:243 |
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Judgment of the Court (First Chamber) of 9 November 2023
ECLI:EU:C:2023:834 |
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Case C-319/22 Gesamtverband Autoteile-Handel v Scania CV (Access to vehicle information)
Reference for a preliminary ruling – Market for motor vehicle repair and maintenance information services – Regulation (EU) 2018/858 – Approval and market surveillance of repair and maintenance information services for motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles – Article 61(1) and (2) – Annex X, point 6.1 – Independent operators – Information ‘easily accessible in the form of machine-readable and electronically readable data sets’ – Regulation (EU) 2016/679 – Article 6(1)(c) – Processing of personal data – Legal obligation on car manufacturers to make vehicle identification numbers (VIN) available to independent operators
Request for a preliminary ruling from the Landgericht Köln
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 4 May 2023
ECLI:EU:C:2023:385 |
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Judgment of the Court (Third Chamber) of 9 November 2023
ECLI:EU:C:2023:837 |
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Case C-376/22 Google Ireland and Others v Kommunikationsbehörde Austria
Reference for a preliminary ruling – Directive 2000/31/EC – Information society services – Article 3(1) – Principle of control in the home Member State – Article 3(4) – Derogation from the principle of free movement of information society services – Concept of ‘measures taken against a given information society service’ – Article 3(5) – Possibility of a posteriori notification of measures restricting the free movement of information society services in urgent cases – Failure to provide notification – Enforceability of those measures – Legislation of a Member State imposing on providers of communication platforms, whether established on its territory or not, a set of obligations relating to the monitoring and notification of allegedly unlawful content – Directive 2010/13/EU – Audiovisual media services – Video-sharing platform service
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Judgment of the Court (Second Chamber) of 9 November 2023
ECLI:EU:C:2023:835 |
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Case C-477/22 ARST v TR and Others
Reference for a preliminary ruling – Road transport – Harmonisation of certain social legislation – Regulation (EC) No 561/2006 – Article 3(a) – Concept of ‘route covered by the service in question [not exceeding] 50 km’ – Carriage by road by vehicles used for the carriage of passengers on regular services – Route covered by the service in question not exceeding 50 km – Non-application of Regulation No 561/2006 – Mixed-use vehicles – Article 4(e) and (j) – Concepts of ‘other work’ and ‘driving time’ – Article 6(3) and (5) – Total driving time over two consecutive weeks – Time spent driving a vehicle excluded from the scope of that regulation
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Judgment of the Court (Third Chamber) of 9 November 2023
ECLI:EU:C:2023:838 |
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Joined Cases C-583/21 to C-586/21 NC and Others v BA and Others (Transfer of a Spanish notary's office)
Reference for a preliminary ruling – Directive 2001/23/EC – Article 1(1) – Safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses – Transfer of a notarial practice – Declaration as to the nullity or unfairness of the dismissal of employees – Determination of seniority for the calculation of compensation – Applicability of the directive – Conditions
Requests for a preliminary ruling from the Juzgado de lo Social de Madrid
Language of the case: Spanish
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Opinion of Advocate General Pitruzzella delivered on 25 May 2023
ECLI:EU:C:2023:435 |
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Judgment of the Court (Fourth Chamber) of 16 November 2023
ECLI:EU:C:2023:872 |
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Case C-196/22 IB v Regione Lombardia and Provincia di Pavia (Reforestation measures), C-196/22, EU:C:2023:870)
Reference for a preliminary ruling – Common agricultural policy – Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) – Community aid scheme for forestry measures in agriculture – Regulation (EEC) No 2080/92 – Article 4 – Implementation of the aid scheme by the Member States by means of multiannual programmes – Protection of the Union’s financial interests – Regulation (EC, Euratom) No 2988/95 – Article 1 – Concept of ‘irregularity’ – Article 2 – Effective, proportionate and dissuasive nature of administrative measures and penalties – Article 4 – Withdrawal of the wrongly obtained advantage – Detailed rules for applying the integrated administration and control system for certain European Union aid schemes – National legislation providing for disqualification from receiving aid and repayment of the sums received in the event that irregularities are found – Principle of proportionality
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Judgment of the Court (Third Chamber) of 16 November 2023
ECLI:EU:C:2023:870 |
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Case C-283/22 DZ and Others v Ministerstvo vnútra Slovenskej republiky
Reference for a preliminary ruling – Carriage by air – Montreal Convention – Article 1(1) and (2) – Scope – Concept of ‘international carriage’ – Article 2(1) – Concept of ‘Carriage performed by the State’ – Article 17(1) – Liability of air carriers in the event of death or bodily injury of a passenger – Air carrier and aircraft operator insurance – Regulation (EC) No 785/2004 – Article 1(1) and Article 2(1) and (2)(a) – Scope – Concept of ‘State aircraft’ – Article 4(1) – Minimum insurance requirements for air carriers and aircraft operators – Crash of a helicopter operated by the public administration of a Member State during a specialised evacuation and rescue training exercise – Death of an officer of the firefighting and rescue unit participating in that exercise – Compensation
Request for a preliminary ruling from the Okresný súd Prešov
Language of the case: Slovak
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Judgment of the Court (Eighth Chamber) of 16 November 2023
ECLI:EU:C:2023:886 |
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Case C-318/22 GE Infrastructure Hungary Holding v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Approximation of laws – Common system of taxation applicable to mergers, divisions, partial divisions, transfers of assets and exchanges of shares – Directive 2009/133/EC – Partial division – Purely internal situation – No reduction in share capital – Company holding 100% of the share capital of the transferring company
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Judgment of the Court (Ninth Chamber) of 16 November 2023
ECLI:EU:C:2023:890 |
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Case C-333/22 Ligue des droits humains and BA v Organe de contrôle de l’information policière (Verification by the supervisory authority of data processing)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Directive (EU) 2016/680 – Article 17 – Exercise of the rights of the data subject through the supervisory authority – Verification of the lawfulness of the data processing – Article 17(3) – Obligation to provide the data subject with a minimum of information – Scope – Validity – Article 53 – Right to seek an effective judicial remedy against the supervisory authority – Concept of a ‘legally binding decision’ – Charter of Fundamental Rights of the European Union – Article 8(3) – Control by an independent authority – Article 47 – Right to effective judicial protection
Request for a preliminary ruling from the Cour d'appel de Bruxelles
Language of the case: French
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Opinion of Advocate General Medina delivered on 15 June 2023
ECLI:EU:C:2023:488 |
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Judgment of the Court (Fifth Chamber) of 16 November 2023
ECLI:EU:C:2023:874 |
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Case C-349/22 NM v Autoridade Tributária e Aduaneira (Tax on imported second-hand vehicles)
Reference for a preliminary ruling – Article 110 TFEU – Internal taxation – Prohibition of discriminatory taxation – Tax on vehicles – Second-hand vehicles imported from other Member States – Application of different tax rates depending on the date of registration of a vehicle in Portugal
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
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Judgment of the Court (Eighth Chamber) of 16 November 2023
ECLI:EU:C:2023:888 |
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Case C-366/22 Viterra Hungary v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Combined Nomenclature – Tariff headings – Positions 2304 and 2309 – Soya meal
Request for a preliminary ruling from the Pécsi Törvényszék
Language of the case: Hungarian
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Judgment of the Court (Sixth Chamber) of 16 November 2023
ECLI:EU:C:2023:876 |
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Case C-391/22 Tüke Busz v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Taxation of energy products and electricity – Directive 2003/96/EC – Article 7(2) and (3) – Differentiated rates of taxation according to the commercial or private use of gas oil – Concept of ‘commercial gas oil used as propellant’ – Gas oil used for the carriage of passengers by regular service – National legislation providing for the reimbursement of excise duty with the exception of gas oil consumed during journeys made for the purpose of maintaining or refuelling passenger vehicles
Request for a preliminary ruling from the Pécsi Törvényszék
Language of the case: Hungarian
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Judgment of the Court (Tenth Chamber) of 16 November 2023
ECLI:EU:C:2023:892 |
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Case C-415/22 JD v Acerta and Others
Reference for a preliminary ruling – Officials of the European Union – Staff Regulations of Officials of the European Union – Compulsory affiliation to the social security scheme of the EU institutions – Retired official of the European Union who pursues a professional activity as a self-employed person – Liability for social security contributions under the scheme of the Member State in which that activity is carried out
Request for a preliminary ruling from the Tribunal du travail francophone de Bruxelles
Language of the case: French
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Judgment of the Court (Seventh Chamber) of 16 November 2023
ECLI:EU:C:2023:881 |
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Case C-422/22 Zakład Ubezpieczeń Społecznych Oddział w Toruniu v TE
Reference for a preliminary ruling – Migrant workers – Social security – Legislation applicable – Regulation (EC) No 987/2009 – Articles 5, 6 and 16 – A1 certificate – Inaccuracy of the particulars – Withdrawal on the initiative of the issuing institution – Obligation for the issuing institution to initiate a dialogue and conciliation procedure with the competent authority of the host Member State – None
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
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Opinion of Advocate General Richard de la Tour delivered on 22 June 2023
ECLI:EU:C:2023:512 |
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Judgment of the Court (Second Chamber) of 16 November 2023
ECLI:EU:C:2023:869 |
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Case C-427/22 Criminal proceedings against BG (Grant of loans without approval)
Reference for a preliminary ruling – Economic and monetary policy – Prudential requirements for credit institutions – Regulation (EU) No 575/2013 – Points 1 and 42 of Article 4(1) – Definitions – Concepts of ‘credit institution’ and ‘authorisation’ – Grant of loans without approval
Request for a preliminary ruling from the Varhoven kasatsionen sad
Language of the case: Bulgarian
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Judgment of the Court (Sixth Chamber) of 16 November 2023
ECLI:EU:C:2023:877 |
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Case C-472/22 NO v Autoridade Tributária e Aduaneira (Capital gains on share transfers)
Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Articles 63 and 65 TFEU – Free movement of capital – Personal income tax – Tax advantage relating to the taxation of capital gains on transfers of shares in small enterprises – Exclusion of undertakings established in other Member States – Concept of ‘abusive practice’
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
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Judgment of the Court (Sixth Chamber) of 16 November 2023
ECLI:EU:C:2023:880 |
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Case C-497/22 EM v Roompot Service
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Exclusive jurisdiction – First subparagraph of Article 24(1) – Disputes regarding tenancies of immovable property – Contract in relation to the short-term letting of a bungalow in a holiday park concluded between an individual and a tourism professional operating that park
Request for a preliminary ruling from the Landgericht Düsseldorf
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 29 June 2023
ECLI:EU:C:2023:535 |
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Judgment of the Court (Fourth Chamber) of 16 November 2023
ECLI:EU:C:2023:873 |
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Case C-636/22 PY(Third-country national in the executing Member State)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court's existing case-law – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Guarantees to be given by the issuing Member State – Article 5(3) – Objective of social rehabilitation – Third-country nationals residing in the territory of the executing Member State – Equal treatment – Article 20 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Corte d'appello di Lecce
Language of the case: Italian
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Order of the Court (Eighth Chamber) of 16 November 2023
ECLI:EU:C:2023:899 |
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Case C-209/21 P Ryanair v Commission
Appeal – State aid – Article 107(3)(b) TFEU – Swedish air transport market – Aid scheme notified by the Kingdom of Sweden – Loan guarantees to support airlines amid the COVID-19 pandemic – Temporary Framework for State aid measures – Decision by the European Commission not to raise objections – Aid intended to remedy a serious disturbance in the economy – Principles of proportionality and non-discrimination – Free provision of services
Language of the case: English
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Opinion of Advocate General Pitruzzella delivered on 16 March 2023
ECLI:EU:C:2023:223 |
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Judgment of the Court (Fourth Chamber) of 23 November 2023
ECLI:EU:C:2023:905 |
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Case C-210/21 P Ryanair v Commission
Appeal – State aid – Article 107(2)(b) TFEU – French air transport market – Aid scheme notified by the French Republic – Deferral of the payment of airline taxes and charges to support airlines amid the COVID-19 pandemic – Temporary Framework for State aid measures – Decision by the European Commission not to raise objections – Aid intended to make good the damage suffered as a result of an exceptional occurrence – Principles of proportionality and non-discrimination – Free provision of services
Language of the case: English
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Judgment of the Court (Fourth Chamber) of 23 November 2023
ECLI:EU:C:2023:908 |
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Case C-758/21 P Ryanair and Airport Marketing Services v Commission
Appeal – State aid – Measures implemented by the Republic of Austria for Klagenfurt Airport, Ryanair and other airlines using that airport – Decision declaring the aid measures to be incompatible in part with the internal market – Article 85(3) of the Rules of Procedure of the General Court of the European Union – Evidence submitted to the General Court after the written part of the procedure has been closed – Admissibility – Regulation (EU) 2015/1589 – Article 17(1) and (2) – Powers of the European Commission to recover aid – Limitation period – Degree of precision with respect to actions that interrupt that period – Obligation to state reasons – Distortion of the clear sense of the evidence – Data relevant for determining the amount of aid to recover
Language of the case: English
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Opinion of Advocate General Medina delivered on 30 March 2023
ECLI:EU:C:2023:274 |
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Judgment of the Court (Tenth Chamber) of 23 November 2023
ECLI:EU:C:2023:917 |
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Case C-84/22 Right to Know v An Taoiseach
Reference for a preliminary ruling – Environment – Aarhus Convention – Directive 2003/4/EC – Public access to environmental information – Refusal of a request for information – Records of government meetings – Discussions relating to greenhouse gas emissions – Article 4(1) and (2) – Exceptions to the right of access to information – Concepts of ‘internal communications’ and ‘proceedings of public authorities’ – Judicial review – Quashing of the decision refusing access – Applicable exception identified in the judgment – Res judicata
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
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Opinion of Advocate General Kokott delivered on 17 May 2023
ECLI:EU:C:2023:421 |
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Judgment of the Court (Fourth Chamber) of 23 November 2023
ECLI:EU:C:2023:910 |
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Case C-201/22 Kopiosto v Telia Finland
Reference for a preliminary ruling – Intellectual property rights – Directive 2014/26/EU – Collective management of copyright and related rights – Collective management organisation – Directive 2004/48/EC – Measures, procedures and remedies necessary to ensure the enforcement of intellectual property rights – Article 4 – Persons entitled to seek the application of the measures, procedures and remedies provided for in Directive 2004/48/EC – Collective management organisation authorised to carry out extended collective licensing – Standing to bring proceedings for the defence of intellectual property rights
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
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Opinion of Advocate General Szpunar delivered on 11 May 2023
ECLI:EU:C:2023:400 |
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Judgment of the Court (Fifth Chamber) of 23 November 2023
ECLI:EU:C:2023:914 |
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Case C-213/22 Instituto de Financiamento da Agricultura e Pescas v CS (Reforestation measures)
Reference for a preliminary ruling – Common agricultural policy – Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) – Community aid scheme for forestry measures in agriculture – Regulation (EEC) No 2080/92 – Article 3, first paragraph, points (b) and (c) – Aid scheme – Maintenance premiums and premiums for loss of income – Conditions for granting – National legislation laying down a requirement of a minimum reforestation density of the plots – Failure to comply with the requirement for a reason not attributable to the beneficiary – Obligation to repay the aid – Force majeure – Principle of proportionality
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
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Judgment of the Court (Third Chamber) of 23 November 2023
ECLI:EU:C:2023:904 |
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Case C-260/22 Seven.One Entertainment Group v Corint Media
Reference for a preliminary ruling – Harmonisation of certain aspects of copyright and related rights in the information society – Directive 2001/29/EC – Article 2(e) – Broadcasting organisations – Reproduction right of fixations of broadcasts – Article 5(2)(b) – Private copying exception – Fair compensation – Harm to broadcasting organisations – Equal treatment – National legislation excluding broadcasting organisations from the right to fair compensation
Request for a preliminary ruling from the Landgericht Erfurt
Language of the case: German
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Opinion of Advocate General Collins delivered on 13 July 2023
ECLI:EU:C:2023:583 |
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Judgment of the Court (First Chamber) of 23 November 2023
ECLI:EU:C:2023:900 |
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Case C-321/22 ZL and Others v Provident Polska
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Consumer credit agreement – Article 3(1) – Significant imbalance – Non-interest credit costs – Article 7(1) – Action for a declaratory judgment – Interest in bringing proceedings – Article 6(1) – Finding that a term is unfair – Consequences
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy - Śródmieścia w Warszawie
Language of the case: Polish
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Opinion of Advocate General Pikamäe delivered on 22 June 2023
ECLI:EU:C:2023:514 |
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Judgment of the Court (Fourth Chamber) of 23 November 2023
ECLI:EU:C:2023:911 |
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Case C-354/22 Weingut A v Land Rheinland-Pfalz
Reference for a preliminary ruling – Agriculture – Common organisation of the markets – Labelling and presentation in the wine sector – Designations of origin and geographical indications – Delegated Regulation (EU) 2019/33 – Second subparagraph of Article 54(1) – Indication of the holding carrying out the winemaking – Vineyards and winepress facility under lease from another wine-growing holding – Winemaking entirely carried out on the eponymous wine-growing holding
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 6 July 2023
ECLI:EU:C:2023:554 |
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Judgment of the Court (Fifth Chamber) of 23 November 2023
ECLI:EU:C:2023:916 |
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Case C-374/22 XXX v Commissaire général aux réfugiés et aux apatrides (Family unity)
Reference for a preliminary ruling – Directive 2011/95/EU – Standards for granting refugee status or subsidiary protection status – Father of minor refugee children born in Belgium – Father not a ‘family member’ within the meaning of Article 2(j) of that directive – Application for the grant of international protection, as a derived right, submitted by that father – Rejection – No obligation on Member States to recognise the right of the person concerned to obtain that protection if he does not individually qualify for it – Article 23(2) of that directive – Inapplicability
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
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Opinion of Advocate General Pitruzzella delivered on 20 April 2023
ECLI:EU:C:2023:318 |
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Judgment of the Court (Second Chamber) of 23 November 2023
ECLI:EU:C:2023:902 |
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Case C-480/22 EVN Business Service and Others
Reference for a preliminary ruling – Public contracts – Review procedures relating to the award of public contracts – Directive 2014/25/EU – Article 57(3) – Contracting entity having its head office in a Member State other than that of the head office of a central purchasing body acting in its name and on its behalf – Access to the review procedures – Applicable procedural rules and jurisdiction of review bodies
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Judgment of the Court (Tenth Chamber) of 23 November 2023
ECLI:EU:C:2023:918 |
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Case C-532/22 Direcţia Generală Regională a Finanţelor Publice Cluj-Napoca and Administraţia Judeţeană a Finanţelor Publice Cluj v Westside Unicat
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 53 – Services in respect of admissions to entertainment events – Place of supply of services – Streaming of interactive video sessions – Making available of a location and of the equipment necessary for the video capture of performances and for the implementation of accompaniment in order to provide quality performances
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
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Judgment of the Court (Tenth Chamber) of 23 November 2023
ECLI:EU:C:2023:919 |
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Case C-614/22 XXX v Commissioner-General for Refugees and Stateless Persons (Family unity)
Reference for a preliminary ruling – Directive 2011/95/EU – Standards for granting refugee status or subsidiary protection status – Mother of minor refugee children in Belgium – Mother who is a ‘family member’ within the meaning of Article 2(j) of that directive – Application for the grant of international protection, as a derived right, submitted by that mother – Rejection – No obligation on Member States to recognise the right of the person concerned to obtain that protection if she does not individually qualify for it – Article 20 and Article 23(2) of that directive – Inapplicability
Request for a preliminary ruling from the Conseil d'État (Belgium)
Language of the case: French
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Judgment of the Court (Second Chamber) of 23 November 2023
ECLI:EU:C:2023:903 |
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Case C-653/22 J. P. Mali Kerékpárgyártó és Forgalmazó v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Customs union – Regulation (EU) No 952/2013 – Article 42(1) – Obligation on the Member States to provide for effective, proportionate and dissuasive penalties for failure to comply with the customs legislation – Incorrect declaration of the country of origin of the imported goods – National legislation providing for a fine corresponding to 50% of the shortfall in customs duties – Principle of proportionality
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Judgment of the Court (Fourth Chamber) of 23 November 2023
ECLI:EU:C:2023:912 |
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Case C-682/22 LM v Ministarstvo financija
Reference for a preliminary ruling – Regulation (EC) No 1085/2006 – Assistance granted under the instrument for pre-accession assistance (IPA) – Regulation (EC) No 718/2007 – Article 7(1) and (3) – Conclusion of a framework agreement between the European Commission and the beneficiary country concerned – Rules for cooperation concerning the EU financial assistance granted to that beneficiary country – Taxes and fiscal charges – IPA framework agreement Albania-EC – Contract financed by the European Union – Expert having the status neither of an official nor of a member of staff of the European Union – Article 26(2)(c) – Tax exemption in Albania – Tax residence in Croatia – Income tax in Croatia
Request for a preliminary ruling from the Upravni sud u Zagrebu
Language of the case: Croatian
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Judgment of the Court (Tenth Chamber) of 23 November 2023
ECLI:EU:C:2023:920 |
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Case C-148/22 OP v Commune d'Ans
Reference for a preliminary ruling – Social policy – Directive 2000/78/EC – Establishing a general framework for equal treatment in employment and occupation – Prohibition of discrimination on the grounds of religion or belief – Public sector – Terms of employment of a public administration prohibiting the visible wearing of any philosophical or religious sign in the workplace – Islamic headscarf – Requirement of neutrality in contacts with the public, hierarchical superiors and colleagues
Request for a preliminary ruling from the tribunal du travail de Liège
Language of the case: French
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Opinion of Advocate General Collins delivered on 4 May 2023
ECLI:EU:C:2023:378 |
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Judgment of the Court (Grand Chamber) of 28 November 2023
ECLI:EU:C:2023:924 |
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Joined Cases C-228/21, C-254/21, C-297/21, C-315/21 and C-328/21 Ministero dell’Interno and Others v CZA and Ministero dell'Interno (Common leaflet – Indirect refoulement)
Reference for a preliminary ruling – Asylum policy – Regulation (EU) No 604/2013 – Articles 3 to 5, 17 and 27 – Regulation (EU) No 603/2013 – Article 29 – Regulation (EU) No 1560/2003 – Annex X – Right to information of the applicant for international protection – Common leaflet – Personal interview – Application for international protection previously lodged in a first Member State – New application lodged in a second Member State – Illegal stay in the second Member State – Take back procedure – Infringement of the right to information – No personal interview – Protection against the risk of indirect refoulement – Mutual trust – Judicial review of the transfer decision – Scope – Finding of the existence, in the requested Member State, of systemic flaws in the asylum procedure and in the reception conditions for applicants for international protection – Discretionary clauses – Risk of infringement of the principle of non-refoulement in the requested Member State
Requests for a preliminary ruling from the Corte suprema di cassazione, Tribunale ordinario di Roma, Tribunale Ordinario di Firenze, Tribunale di Milano and Tribunale di Trieste
Language of the case: Italian
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Opinion of Advocate General Kokott delivered on 20 April 2023
ECLI:EU:C:2023:316 |
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Judgment of the Court (Second Chamber) of 30 November 2023
ECLI:EU:C:2023:934 |
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Case C-173/22 P MG v EIB
Appeal – Civil service – Staff of the European Investment Bank (EIB) – EIB Staff Rules – Remuneration – Family allowances – Payment to the sole parent with full custody of the child – Charter of Fundamental Rights of the European Union – Article 41(2) – Right to be heard – Plea of illegality in respect of the Staff Rules – Principle of equal treatment – Principle of proportionality – Action for annulment and for damages
Language of the case: French
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Opinion of Advocate General Ćapeta delivered on 6 July 2023
ECLI:EU:C:2023:547 |
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Judgment of the Court (First Chamber) of 30 November 2023
ECLI:EU:C:2023:932 |
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Case C-270/22 G.D. and Others v Ministero dell'Istruzione and INPS
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Public sector – Teachers – Employment of fixed-term workers as career civil servants through recruitment based on qualifications – Determination of the period of service deemed accrued
Request for a preliminary ruling from the Tribunale ordinario di Ravenna
Language of the case: Italian
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Judgment of the Court (First Chamber) of 30 November 2023
ECLI:EU:C:2023:933 |
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Case C-328/22 Commission v Slovenia (Urban waste water treatment)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive 91/271/EEC – Collection and treatment of urban waste water – Article 4(1) and (3), as well as Articles 5 and 15 – Sections B and D of Annex I – Secondary or equivalent treatment of urban waste water from agglomerations of a certain size – More stringent treatment of discharges into sensitive areas – Monitoring of discharges from waste water treatment plants
Language of the case: Slovene
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Judgment of the Court (Seventh Chamber) of 30 November 2023
ECLI:EU:C:2023:939 |
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Information (on unpublished decisions)
Case C-473/23 P Bimbo v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 7 November 2023 ECLI:EU:C:2023:832 |
Case C-177/23 Investcapital v XF and Others
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Directive 93/13/EEC – Consumer contracts – Scope – Article 1(2) – Exclusion of contractual terms which reflect mandatory statutory or regulatory provisions – Clause reflecting a national mandatory statutory provision conferring on a lender the right to assign claims arising from a loan agreement entered into with a consumer, without the consent of the latter
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Order of the Court (Eighth Chamber) of 8 November 2023 ECLI:EU:C:2023:860 |
Case C-232/23 A v B
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Need for interpretation of EU law to enable the referring court to give judgment – None – Manifest inadmissibility
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Order of the Court (Ninth Chamber) of 8 November 2023 ECLI:EU:C:2023:863 |
Case C-333/23 GM v Bundesrepublik Deutschland
Reference for a preliminary ruling – Article 267 TFEU – Article 53(2) of the Rules of Procedure of the Court of Justice – Second subparagraph of Article 19(1)TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Independence of judges – Directive 2000/78/EC – Prohibition of discrimination on grounds of age – Interpretation not necessary for the referring court to be able to give judgment – Manifest inadmissibility
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Order of the Court (Ninth Chamber) of 8 November 2023 ECLI:EU:C:2023:858 |
Case C-663/20 P-DEP Hypo Vorarlberg Bank v SRB
Taxation of costs
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Order of the Court (Sixth Chamber) of 9 November 2023 ECLI:EU:C:2023:862 |
Case C-527/21 P XC v Commission
Appeal – Civil Service – Recruitment – Open Competition EPSO/AD/338/17 – Non-admission of the applicant to the next phase of the competition – Principle of non-discrimination on the ground of disability – Access to documents – Rejection of the request for access to the questions asked during a test – Secrecy of the selection board’s proceedings – Regulation (EC) No 1049/2001 – Article 4(3) – Open Competition EPSO/AD/356/18 – Non-inclusion on a reserve list – Admissibility of an application for the annulment of that reserve list – Right to be heard – Article 47 of the Charter of Fundamental Rights of the European Union – Action for damages
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Judgment of the Court (Sixth Chamber) of 9 November 2023 ECLI:EU:C:2023:850 |
Case C-293/22 P Chemours Netherlands v ECHA
Appeal – Regulation (EC) No 1907/2006 (REACH Regulation) – Article 57(f) – Substances of very high concern – Identification – Conditions – Serious effects on health or the environment – Equivalent level of concern – 2,3,3,3-tetrafluoro-2-(heptafluoropropoxy)propionic acid, its salts and its acyl halides – Identification as a substance fulfilling the criteria for inclusion in Annex XIV to that regulation
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Judgment of the Court (Fourth Chamber) of 9 November 2023 ECLI:EU:C:2023:847 |
Case C-353/22 Commission v Sweden (Control of the acquisition and possession of weapons)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2017/853 – Control of the acquisition and possession of weapons – Article 260(3) TFEU – Pecuniary penalties – Transposition and notification of transposition measures in the course of proceedings – Order to pay a lump sum
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Judgment of the Court (Eighth Chamber) of 9 November 2023 ECLI:EU:C:2023:851 |
Case C-443/23 P Consulta v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request that an appeal be allowed to proceed failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 9 November 2023 ECLI:EU:C:2023:859 |
Case C-257/23 P Hansol Paper v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Appeal manifestly unfounded – Regulation (EU) 2016/1036 – Dumping – Imports of certain heavyweight thermal paper originating in South Korea – Definitive anti-dumping duty
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Order of the Court (Seventh Chamber) of 14 November 2023 ECLI:EU:C:2023:925 |
Case C-773/21 P AV and AW v Parliament
Appeal – Civil service – Officials – Disciplinary proceedings – Disciplinary penalty – Downgrading – Investigation by the European Anti-Fraud Office (OLAF) – Parallel national criminal proceedings – Power of attorney – Proportionality of the disciplinary penalty – Article 181 of the Rules of Procedure of the Court – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Sixth Chamber) of 16 November 2023 ECLI:EU:C:2023:895 |
Case C-224/22 Spain v Council (Supplementary conservation measures in the Western Mediterranean)
Action for annulment – Regulation (EU) 2022/110 – Annex III(c) – Fixing the maximum allowable fishing effort of European hake and of red mullet for demersal longliners – Annex III(e) – Fixing maximum catch limits for red shrimp – Geographical subareas (GSAs) 1-2-5-6-7 – Article 43(2) and (3) TFEU – Regulation (EU) 2019/1022 – Fishing effort regime – Supplementary measures – Article 7(5) – Concept of ‘significant catches’ – Scientific advice – Article 7(3)(b) – Concept of ‘conservation measure’ – Obligation to state reasons – Discretion – Limits – Principle of proportionality
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Judgment of the Court (Tenth Chamber) of 16 November 2023 ECLI:EU:C:2023:891 |
Case C-360/22 Commission v Netherlands (Pension capital after transfer)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Free movement of workers – Freedom to provide services – Free movement of capital – Articles 45, 56 and 63 TFEU – Articles 28, 36 and 40 of the Agreement on the European Economic Area – Transfer of the value of pension rights – Supplementary pension accumulated via the employer – Cross-border situation
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Judgment of the Court (Sixth Chamber) of 16 November 2023 ECLI:EU:C:2023:875 |
Case C-458/22 P Roos and Others v Parliament
Appeal – Public health – Access to the buildings of the European Parliament – Obligation to present a valid EU digital COVID-19 certificate – Decision of the Bureau of the European Parliament – Rules of Procedure of the Parliament – Rule 25 – Concept of ‘power to determine its own internal organisation’ – Article 8(2) of the Charter of Fundamental Rights of the European Union – Protection of personal data – Concept of a measure ‘laid down by law’ – Regulation (EU) 2018/1725 – Articles 5 and 6 – Concept of ‘Union law’ – Inclusion of the internal rules of a Union institution or body
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Judgment of the Court (Third Chamber) of 16 November 2023 ECLI:EU:C:2023:871 |
Case C-459/22 Commission v Netherlands (Transfer of the value of pension rights)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Free movement of workers – Freedom to provide services – Free movement of capital – Articles 45, 56 and 63 TFEU – Conditions for transfer of the value of pension rights – Supplementary pension accumulated via the employer – National pension insurance organisations and foreign pension insurance organisations – Discrimination
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Judgment of the Court (Sixth Chamber) of 16 November 2023 ECLI:EU:C:2023:878 |
Case C-595/22 P Colombani v EEAS
Appeal – Civil service – Official of the European External Action Service (EEAS) – Selection procedures – Post of Director for Middle East and North Africa – Post of Head of the EU Delegation to Canada – Decisions rejecting the applications of that official – Action for annulment – Inadmissibility of the claim for annulment of one of those rejection decisions – Amicable settlement excluding the possibility of challenging the appointment decisions taken in the context of those selection procedures – Inseparable nature of those rejection decisions and those appointment decisions – Rejection of the claim for annulment of the other rejection decision and, consequently, dismissal of that action in its entirety
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Judgment of the Court (Seventh Chamber) of 16 November 2023 ECLI:EU:C:2023:884 |
Case C-17/23 P Asociación Liberum and Others v Parliament and Council
Appeal – Public health – Regulation (EU) 2022/1034 – Regulation (EU) 2021/953 – EU digital COVID certificate – Free movement of persons – Restrictions – Action for annulment – No locus standi or interest in bringing proceedings – Article 181 of the Rules of Procedure of the Court of Justice – Appeal manifestly unfounded
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Order of the Court (Eighth Chamber) of 16 November 2023 ECLI:EU:C:2023:897 |
Case C-203/23 PL v État belge
Request for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to set out the factual and legislative context of the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Ninth Chamber) of 16 November 2023 ECLI:EU:C:2023:896 |
Case C-585/23 P(R) Council v Mazepin
Appeal – Interim relief – Restrictive measures taken having regard to the situation in Ukraine – Freezing of funds and economic resources – Maintenance of the name of a natural person on the list of persons, entities and bodies subject to those measures – Suspension of the process of ‘re-listing’ that person – Publication of a note in the Official Journal of the European Union – Obligation to take measures on visas granted by Member States – Measures which may be adopted by the judge hearing the application for interim measures
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Order of the Vice-President of the Court of 22 November 2023 ECLI:EU:C:2023:922 |
Case C-628/22 Criminal proceedings against DU and Others (Provisional withdrawal of an A1 certificate)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Identical questions referred for a preliminary ruling – Migrant workers – Social security – Legislation applicable – Regulation (EC) No 883/2004 – Article 13(1)(b)(i) – Persons normally pursuing an activity as an employed person in two or more Member States – Applicability of the legislation of the Member State in which the registered office is situated – Concept of ‘registered office’ – Undertaking which has obtained a Community licence for transport under Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 – Effect – Licence fraudulently obtained or relied on – Regulation (EC) No 987/2009 – Article 5 – A1 certificate – Provisional withdrawal – Binding effect – Certificate fraudulently obtained or relied on
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Order of the Court (Seventh Chamber) of 23 November 2023 ECLI:EU:C:2023:952 |
Case C-310/23 Groupama Asigurări v Asigurarea Românească – Asirom Vienna Insurance Group and GE
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Article 267 TFEU – Interpretation of an earlier judgment of the Court of Justice – Judicial cooperation in civil matters – Regulations (EC) No 864/2007 and (EC) No 593/2008 – Accident caused by a vehicle towing a semi-trailer – Vehicle and semi-trailer insured by different insurers – Accident which occurred in a Member State other than that in which the insurance contracts were concluded – Action for indemnity between the insurers – Applicable law
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Order of the Court (Eighth Chamber) of 27 November 2023 ECLI:EU:C:2023:944 |
Case C-373/23 L.T.L v Apelativen sad - Sofia
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to set out the regulatory context of the main proceedings – Requirement to state the reasons justifying the need for an answer from the Court and to set out the relationship between the provisions of EU law of which an interpretation is sought and the applicable national legislation – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Eighth Chamber) of 28 November 2023 ECLI:EU:C:2023:929 |
Case C-742/22 SA Ramon v Commission
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Order of the Court (Eighth Chamber) of 29 November 2023 ECLI:EU:C:2023:943 |
Case C-787/22 P Sistem ecologica v Commission
Appeal – Investigation by the European Anti-Fraud Office (OLAF) – OLAF Communication to national customs authorities – OLAF investigation report – Access to the OLAF file – Regulation (EU, Euratom) No 883/2013 – Regulation (EC) No 1049/2001 – Action for annulment – Admissibility – Actions for damages – Unlawfulness of the conduct alleged
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Judgment of the Court (Tenth Chamber) of 30 November 2023 ECLI:EU:C:2023:940 |
Case C-548/23 P Baldan v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Actions for damages – COVID-19 crisis – Conduct of the European Commission, its President and its members – Loss of confidence in the European Union – Non-material damage – Burden of proof – Distortion of the clear sense of the evidence – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Eighth Chamber) of 30 November 2023 ECLI:EU:C:2023:945 |
December 2023
Joined Cases C-451/21 P and C-454/21 P Luxembourg and Others v Commission
Appeal – State aid – Article 107(1) TFEU – Tax rulings adopted by a Member State – Aid declared incompatible with the internal market – Obligation to recover that aid – Concept of ‘advantage’ – Determination of the reference framework – ‘Normal’ taxation under national law – Review by the Court of Justice of the interpretation and application of national law by the General Court of the European Union – Direct taxation – Strict interpretation – Powers of the European Commission – Obligation to state reasons – Legal classification of the facts – Concept of ‘abuse of law’ – Ex ante assessment by the tax authorities of the Member State concerned – Principle of legal certainty
Language of the case: French
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Opinion of Advocate General Kokott delivered on 4 May 2023
ECLI:EU:C:2023:383 |
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Judgment of the Court (Grand Chamber) of 5 December 2023
ECLI:EU:C:2023:948 |
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Case C-683/21 Nacionalinis visuomenės sveikatos centras prie Sveikatos apsaugos ministerijos v Valstybinė duomenų apsaugos inspekcija
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 4(2) and (7) – Concepts of ‘processing’ and ‘controller’ – Development of a mobile IT application – Article 26 – Joint control – Article 83 – Imposition of administrative fines – Conditions – Requirement that the infringement be intentional or negligent – Responsibility and liability of the controller for the processing of personal data carried out by a processor
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
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Opinion of Advocate General Emiliou delivered on 4 May 2023
ECLI:EU:C:2023:376 |
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Judgment of the Court (Grand Chamber) of 5 December 2023
ECLI:EU:C:2023:949 |
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Case C-807/21 Deutsche Wohnen v Staatsanwaltschaft Berlin
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 4(7) – Concept of ‘controller’ – Article 58(2) – Powers of supervisory authorities to apply corrective measures – Article 83 – Imposition of administrative fines on a legal person – Conditions – Discretion of the Member States – Requirement that the infringement be intentional or negligent
Request for a preliminary ruling from the Kammergericht Berlin
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 27 April 2023
ECLI:EU:C:2023:360 |
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Judgment of the Court (Grand Chamber) of 5 December 2023
ECLI:EU:C:2023:950 |
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Case C-128/22 Nordic Info v Belgische Staat
Reference for a preliminary ruling – Directive 2004/38/EC – Articles 27 and 29 – Measures restricting the free movement of Union citizens on public health grounds – Measure of general application – National legislation providing for a ban on leaving the national territory in order to engage in non-essential travel to Member States classified as high-risk zones in the context of the COVID-19 pandemic and an obligation for every traveller entering the national territory from one of those Member States to undergo screening tests and to observe quarantine – Schengen Borders Code – Article 23 – Exercise of police powers in the field of public health – Equivalence with the exercise of border checks – Article 25 – Possibility of reintroducing border controls at internal borders in the context of the COVID-19 pandemic – Controls carried out in a Member State as part of measures prohibiting the crossing of borders for the purpose of engaging in non-essential travel from or to States in the Schengen area classified as high-risk zones in the context of the COVID-19 pandemic
Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel
Language of the case: Dutch
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Opinion of Advocate General Emiliou delivered on 7 September 2023
ECLI:EU:C:2023:645 |
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Judgment of the Court (Grand Chamber) of 5 December 2023
ECLI:EU:C:2023:951 |
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Case C-634/21 OQ v Land Hessen (Scoring)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 22 – Automated individual decision-making – Credit information agencies – Automated establishment of a probability value concerning the ability of a person to meet payment commitments in the future (‘scoring’) – Use of that probability value by third parties
Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden
Language of the case: German
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Opinion of Advocate General Pikamäe delivered on 16 March 2023
ECLI:EU:C:2023:220 |
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Judgment of the Court (First Chamber) of 7 December 2023
ECLI:EU:C:2023:957 |
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Case C-830/21 Syngenta Agro v Agro Trade Handelsgesellschaft
Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 1107/2009 – Placing of plant protection products on the market – Article 52 – Parallel trade – Regulation (EU) No 547/2011 – Labelling requirements for plant protection products – Annex I, paragraph 1(b) and (f) – Name and address of the holder of the authorisation – Batch number
Request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg
Language of the case: German
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Opinion of Advocate General Medina delivered on 20 April 2023
ECLI:EU:C:2023:319 |
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Judgment of the Court (Third Chamber) of 7 December 2023
ECLI:EU:C:2023:959 |
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Joined Cases C-26/22 and C-64/22 UF and AB v Land Hessen (Discharge from remaining debts)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 5(1)(a) – Principle of ‘lawfulness’ – Point (f) of the first subparagraph of Article 6(1) – Necessity of processing for the purposes of the legitimate interests pursued by the controller or by a third party – Article 17(1)(d) – Right to erasure where personal data have been unlawfully processed – Article 40 – Codes of conduct – Article 78(1) – Right to an effective judicial remedy against a supervisory authority – Decision taken by the supervisory authority on a complaint – Scope of judicial review of that decision – Credit information agencies – Storage of data from a public register relating to the discharge of remaining debts in favour of a person – Storage period
Requests for a preliminary ruling from the Verwaltungsgericht Wiesbaden
Language of the case: German
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Opinion of Advocate General Pikamäe delivered on 16 March 2023
ECLI:EU:C:2023:222 |
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Judgment of the Court (First Chamber) of 7 December 2023
ECLI:EU:C:2023:958 |
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Case C-140/22 SM and Others v mBank (Consumer declaration)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 6(1) and Article 7(1) – Effects of a finding that a term is unfair – Mortgage loan agreement indexed to a foreign currency containing unfair terms concerning the exchange rate – Nullity of that contract – Claims for restitution – Statutory interest – Limitation period
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy - Śródmieścia w Warszawie
Language of the case: Polish
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Judgment of the Court (Ninth Chamber) of 7 December 2023
ECLI:EU:C:2023:965 |
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Case C-329/22 Zamestnik izpalnitelen direktor na Darzhaven fond 'Zemedelie' v IW (Organic beekeeping)
Reference for a preliminary ruling – Agriculture – European Agricultural Fund for Rural Development (EAFRD) funding – Regulation (EU) No 1305/2013 – Support for rural development – Article 29(3) – Organic farming – Financial support for organic in-conversion production – Concepts of ‘initial period’ and ‘conversion period’ – Regulation (EC) No 889/2008 – Organic beekeeping – Minimum conversion period – Article 38(3) – Regulation (EC) No 834/2007 – Article 17 – Conversion
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Judgment of the Court (Tenth Chamber) of 7 December 2023
ECLI:EU:C:2023:968 |
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Case C-434/22 Latvijas valsts meži v Dabas aizsardzības pārvalde and Vides pārraudzības valsts birojs
Reference for a preliminary ruling – Environment – Conservation of natural habitats and of wild fauna and flora – Directive 92/43/EEC – Article 6(3) – Concept of ‘plan or project’ on a protected site – Intervention in a forest to protect it from fire – Need to carry out a prior assessment of the implications of that intervention for the site concerned
Request for a preliminary ruling from the Administratīvā rajona tiesa
Language of the case: Latvian
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Opinion of Advocate General Kokott delivered on 13 July 2023
ECLI:EU:C:2023:595 |
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Judgment of the Court (Ninth Chamber) of 7 December 2023
ECLI:EU:C:2023:966 |
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Joined Cases C-441/22 and C-443/22 Zamestnik-ministar na regionalnoto razvitie i blagoustroystvoto and Zamestnik-ministar na regionalnoto razvitie i blаgoustroystvoto v Obshtina Razgrad and Obshtina Balchik
Requests for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Judgment of the Court (Tenth Chamber) of 7 December 2023
ECLI:EU:C:2023:970 |
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Case C-518/22 J.M.P. v AP Assistenzprofis
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 2(5) – Prohibition of discrimination on grounds of age – United Nations Convention on the Rights of Persons with Disabilities – Article 19 – Living independently and being included in the community – Charter of Fundamental Rights of the European Union – Article 26 – Social and occupational integration of persons with disabilities – Personal assistance service for persons with disabilities – Job offer stating a minimum age and maximum age of the person to be hired – Account taken of the wishes and interests of the disabled person – Justification
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 13 July 2023
ECLI:EU:C:2023:587 |
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Judgment of the Court (Second Chamber) of 7 December 2023
ECLI:EU:C:2023:956 |
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Case C-587/22 Commission v Hungary (Collection of urban waste water)
Failure of a Member State to fulfil obligations – Environment – Directive 91/271/EEC – Treatment of urban waste water – Article 3 – Collecting systems – Individual systems – Article 4 – Secondary or equivalent treatment – Article 5 – Sensitive areas – Article 15 – Monitoring of discharges
Language of the case: Hungarian
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Judgment of the Court (Seventh Chamber) of 7 December 2023
ECLI:EU:C:2023:963 |
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Case C-700/22 RegioJet and STUDENT AGENCY v České dráhy and Others
Reference for a preliminary ruling – Regulation (EU) 2015/1589 – Existing aid and new aid – Aid granted in disregard of the procedural rules laid down in Article 108(3) TFEU – Expiry of the limitation period provided for in Article 17 of Regulation (EU) 2015/1589 – Obligation on the national court to order the recovery of the aid
Request for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
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Judgment of the Court (Fourth Chamber) of 7 December 2023
ECLI:EU:C:2023:960 |
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Case C-303/23 Powszechny Zakład Ubezpieczeń v Volvia
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 2011/7/EU – Combating late payment in commercial transactions – Article 2(1) – Concept of ‘commercial transactions’ – Article 3(1)(a) – Entitlement to interest for late payment – Insurance contract concluded between undertakings
Request for a preliminary ruling from the Sąd Rejonowy dla Wrocławia-Fabrycznej we Wrocławiu
Language of the case: Polish
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Order of the Court (Eighth Chamber) of 11 December 2023
ECLI:EU:C:2023:980 |
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Case C-340/21 VB v Natsionalna agentsia za prihodite
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 5 – Principles relating to that processing – Article 24 – Accountability of the controller – Article 32 – Measures implemented to ensure security of processing – Assessment of the appropriateness of such measures – Scope of judicial review – Taking of evidence – Article 82 – Right to compensation and liability – Possible exemption from liability of the controller in the event of infringement by third parties – Claim for compensation for non-material damage based on fear of potential misuse of personal data
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Opinion of Advocate General Pitruzzella delivered on 27 April 2023
ECLI:EU:C:2023:353 |
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Judgment of the Court (Third Chamber) of 14 December 2023
ECLI:EU:C:2023:986 |
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Case C-457/21 P Commission v Luxembourg and Others
Appeal – State aid – Article 107(1) TFEU – Tax ruling adopted by a Member State – Aid declared incompatible with the internal market – Concept of ‘advantage’ – Determination of the reference framework – ‘Normal’ taxation according to national law – Arm’s length principle – Review by the Court of Justice of the interpretation and application of national law by the General Court
Language of the case: English
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Opinion of Advocate General Kokott delivered on 8 June 2023
ECLI:EU:C:2023:466 |
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Judgment of the Court (Second Chamber) of 14 December 2023
ECLI:EU:C:2023:985 |
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Joined Cases C-693/21 P and C-698/21 P EDP España v Naturgy Energy Group and Commission
Appeal – State aid – Environmental incentive measure adopted by the Kingdom of Spain for coal-fired power plants – Decision to initiate the formal investigation procedure – Action for annulment
Language of the case: Spanish
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Opinion of Advocate General Pitruzzella delivered on 13 July 2023
ECLI:EU:C:2023:591 |
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Judgment of the Court (Fourth Chamber) of 14 December 2023
ECLI:EU:C:2023:989 |
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Case C-767/21 P Rivière and Others v Parliament
Appeal – Law governing the institutions – Members of the European Parliament – Rules of Procedure of the European Parliament – Standards of conduct – Rule 10(3) – Prohibition on displaying banners during the sittings of Parliament – Oral measure of the President of the Parliament prohibiting MEPs from displaying national flags on their lecterns – Action for annulment – Article 263 TFEU – Concept of ‘challengeable act’
Language of the case: French
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Opinion of Advocate General Ćapeta delivered on 16 February 2023
ECLI:EU:C:2023:119 |
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Judgment of the Court (Third Chamber) of 14 December 2023
ECLI:EU:C:2023:987 |
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Case C-28/22 TL and WE v Liquidator of Getin Noble Bank (Limitation period for actions for restitution)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 6(1) and Article 7(1) – Effects of a finding that a term is unfair – Mortgage loan agreement indexed to a foreign currency containing unfair terms concerning the exchange rate – Nullity of that contract – Claims for restitution – Limitation period
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
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Judgment of the Court (Ninth Chamber) of 14 December 2023
ECLI:EU:C:2023:992 |
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Case C-109/22 Commission v Romania (Closure of landfill sites)
Language of the case: Romanian
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Judgment of the Court (Sixth Chamber) of 14 December 2023
ECLI:EU:C:2023:991 |
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Case C-206/22 TF v Sparkasse Südpfalz
Reference for a preliminary ruling – Protection of the safety and health of workers – Organisation of working time – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Article 7 – Right to paid annual leave – SARS-Cov-2 virus – Quarantine measure – Impossible to carry over the paid annual leave granted for a period coinciding with a period of quarantine
Request for a preliminary ruling from the Arbeitsgericht Ludwigshafen am Rhein
Language of the case: German
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Opinion of Advocate General Pikamäe delivered on 4 May 2023
ECLI:EU:C:2023:384 |
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Judgment of the Court (First Chamber) of 14 December 2023
ECLI:EU:C:2023:984 |
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Case C-456/22 VX and AT v Gemeinde Ummendorf
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 82 – Right to compensation and liability – Concept of ‘non-material damage’ – Online publication of the agenda for a municipal council meeting containing personal data – Publication without the consent of the data subjects – Claim of those data subjects seeking compensation for non-material damage
Request for a preliminary ruling from the Landgericht Ravensburg
Language of the case: German
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Judgment of the Court (Third Chamber) of 14 December 2023
ECLI:EU:C:2023:988 |
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Case C-655/22 I v Hauptzollamt HZA (Repayment of levies)
Reference for a preliminary ruling – Agriculture – Common organisation of the markets – Sugar sector – Production levies – Regulation (EU) No 1360/2013 – Right to reimbursement of the unduly paid levies – Time-bars and limitation periods – Finality of decisions to reimburse – Principles of equivalence and effectiveness – Principle of legal certainty
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Judgment of the Court (Ninth Chamber) of 14 December 2023
ECLI:EU:C:2023:993 |
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Joined Cases C-38/21, C-47/21 and C-232/21 VK and Others v BMW Bank and Others
Reference for a preliminary ruling – Consumer protection – Leasing agreement for a motor vehicle without an obligation to purchase – Directive 2008/48/EC – Article 2(2)(d) – Concept of a leasing agreement without an obligation to purchase the object of the agreement – Directive 2002/65/EC – Article 1(1) and Article 2(b) – Concept of a contract for financial services – Directive 2011/83/EU – Article 2(6) and Article 3(1) – Concept of a service contract – Article 2(7) – Contract of a distance contract – Article 2(8) – Concept of an off-premises contract – Article 16(l) – Exception from the right of withdrawal in respect of the provision of car rental services – Credit agreement for the purchase of a motor vehicle – Directive 2008/48 – Article 10(2) – Requirements relating to the information that must be stated in the agreement – Presumption of compliance with the obligation to provide information in the case of use of a statutory information model – Absence of horizontal direct effect of a directive – Article 14(1) – Right of withdrawal – Start of the withdrawal period in the event of incomplete or incorrect information – Abusive nature of the exercise of the right of withdrawal – Time-barring of the right of withdrawal – Obligation to return the vehicle in advance in the event of exercise of the right of withdrawal in respect of a linked credit agreement
Requests for a preliminary ruling from the Landgericht Ravensburg
Language of the case: German
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Opinion of Advocate General Collins delivered on 16 February 2023
ECLI:EU:C:2023:107 |
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Judgment of the Court (Grand Chamber) of 21 December 2023
ECLI:EU:C:2023:1014 |
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Case C-124/21 P International Skating Union v Commission
Appeal – Competition – Rules introduced by an international sports association – Skating – Private law entity vested with regulatory, control and decision-making powers, and the power to impose sanctions – Rules on the prior approval of competitions, the participation of athletes in those competitions and the arbitration rules governing conflicts – Parallel pursuit of economic activities – Organisation and marketing of competitions – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Possible justification – Conditions
Language of the case: English
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Opinion of Advocate General Rantos delivered on 15 December 2022
ECLI:EU:C:2022:988 |
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Judgment of the Court (Grand Chamber) of 21 December 2023
ECLI:EU:C:2023:1012 |
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Case C-333/21 European Superleague Company v FIFA and EUFA
Reference for a preliminary ruling – Competition – Internal market – Rules introduced by international sports associations – Professional football – Private law entities vested with regulatory, control and decision-making powers, and the power to impose sanctions – Rules on prior approval of competitions, on the participation of football clubs and players in those competitions, and also on the exploitation of commercial and media rights related to those competitions – Parallel pursuit of economic activities – Organisation and marketing of competitions – Exploitation of related commercial and media rights – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Exemption under Article 101(3) TFEU – Conditions – Article 102 TFEU – Abuse of dominant position – Justification – Conditions – Article 56 TFEU – Restrictions on the freedom to provide services – Justification – Conditions – Burden of proof
Request for a preliminary ruling from the Juzgado de lo Mercantil de Madrid
Language of the case: Spanish
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Opinion of Advocate General Rantos delivered on 15 December 2022
ECLI:EU:C:2022:993 |
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Judgment of the Court (Grand Chamber) of 21 December 2023
ECLI:EU:C:2023:1011 |
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Case C-488/21 GV v Chief Appeals Officer and Others
Reference for a preliminary ruling – Citizenship of the European Union – Articles 21 and 45 TFEU – Right of Union citizens to move and reside freely in the territory of the Member States – Worker having acquired the nationality of the host Member State while retaining his or her nationality of origin – Directive 2004/38/EC – Article 3 – Beneficiaries – Article 2(2)(d) – Family member – Dependent direct relatives in the ascending line of a worker who is a Union citizen – Article 7(1)(a) and (d) – Right of residence for more than three months – Retention of the status of dependant in the host Member State – Article 14(2) – Retention of the right of residence – Regulation (EU) No 492/2011 – Article 7(2) – Equal treatment – Social advantages – Social assistance benefits – Unreasonable burden on the social assistance system of the host Member State
Request for a preliminary ruling from the Court of Appeal
Language of the case: English
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Opinion of Advocate General Ćapeta delivered on 16 February 2023
ECLI:EU:C:2023:115 |
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Judgment of the Court (Grand Chamber) of 21 December 2023
ECLI:EU:C:2023:1013 |
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Case C-667/21 ZQ v Krankenversicherung Nordrhein
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 6(1) – Conditions for lawful processing – Article 9(1) to (3) – Processing of special categories of data – Data concerning health – Assessment of an employee’s working capacity – Health insurance medical service processing data concerning the health of its own employees – Conditions for such processing and whether permissible – Article 82(1) – Right to compensation and liability – Compensation for non-material damage – Compensatory function – Impact of negligence on the part of the data controller
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 25 May 2023
ECLI:EU:C:2023:433 |
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Judgment of the Court (Third Chamber) of 21 December 2023
ECLI:EU:C:2023:1022 |
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Case C-680/21 UL and Royal Antwerp Football Club v Union royale belge des sociétés de football association
Reference for a preliminary ruling – Competition – Internal market – Rules introduced by international and national sports associations – Professional football – Private law entities vested with regulatory, control and sanctioning powers – Rules requiring professional football clubs to use a minimum number of ‘home-grown’ players – Article 101(1) TFEU – Decision by an association of undertakings adversely affecting competition – Concepts of anticompetitive ‘object’ and ‘effect’ – Exemption under Article 101(3) TFEU – Conditions – Article 45 TFEU – Indirect discrimination on the basis of nationality – Restriction on the freedom of movement for workers – Justification – Conditions – Burden of proof
Request for a preliminary ruling from the Tribunal de première instance francophone de Bruxelles
Language of the case: French
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Opinion of Advocate General Szpunar delivered on 9 March 2023
ECLI:EU:C:2023:188 |
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Judgment of the Court (Grand Chamber) of 21 December 2023
ECLI:EU:C:2023:1010 |
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Case C-718/21 L.G. v Krajowa Rada Sądownictwa (Continued holding of a judicial office)
Reference for a preliminary ruling – Article 267 TFEU – Concept of ‘court or tribunal’ – Criteria – Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Chamber of Extraordinary Control and Public Affairs) of the Sąd Najwyższy (Supreme Court, Poland) – Reference for a preliminary ruling from an adjudicating panel which does not have the status of an independent and impartial tribunal previously established by law – Inadmissibility
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
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Opinion of Advocate General Rantos delivered on 2 March 2023
ECLI:EU:C:2023:150 |
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Judgment of the Court (Grand Chamber) of 21 December 2023
ECLI:EU:C:2023:1015 |
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Case C-66/22 Infraestruturas de Portugal and Futrifer Indústrias Ferroviárias v Toscca - Equipamentos em Madeira
Reference for a preliminary ruling – Procedures for the award of public works contracts, public supply contracts and public service contracts – Directive 2014/24/EU – Point (d) of the first subparagraph of Article 57(4) – Award of public contracts in the transport sector – Directive 2014/25/EU – Article 80(1) – Facultative grounds for exclusion – Obligation to transpose – Economic operator entering into agreements aimed at distorting competition – Competence of the contracting authority – Impact of an earlier decision of a competition authority – Principle of proportionality – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Principle of sound administration – Obligation to state reasons
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 11 May 2023
ECLI:EU:C:2023:398 |
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Judgment of the Court (Grand Chamber) of 21 December 2023
ECLI:EU:C:2023:1016 |
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Case C-86/22 Papier Mettler Italia v Ministero della Transizione Ecologica and Ministero dello Sviluppo Economico
Reference for a preliminary ruling – Approximation of laws – Environment – Directive 94/62/EC – Packaging and packaging waste – Directive 98/34/EC – Information procedure in the field of technical standards and regulations and of rules on Information Society services – Obligation on the Member States to notify the European Commission of any draft technical regulation – National legislation containing stricter technical rules than those laid down by EU legislation
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 25 May 2023
ECLI:EU:C:2023:434 |
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Judgment of the Court (Third Chamber) of 21 December 2023
ECLI:EU:C:2023:1023 |
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Case C-96/22 CDIL v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Free movement of goods – Article 34 TFEU – Quantitative restrictions on importation – Measures having equivalent effect – National legislation limiting the quantity of cigarettes which can be released for consumption during a given period to a maximum corresponding to the monthly average of the quantities released for consumption in the preceding 12 months – Article 36 TFEU – Justification – Combating tax avoidance and abusive practices – Protection of public health – Taxation – Excise duties – Directive 2008/118/EC – Article 7 – Time at which excise duties become chargeable – Release for consumption of excise goods – Article 9 – Chargeability conditions and applicable rate of excise duty – Applicable quantitative limit exceeded – Excess – Application of the rate of excise duty in force on the date on which the declaration of discharge is lodged
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
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Opinion of Advocate General Pikamäe delivered on 8 June 2023
ECLI:EU:C:2023:470 |
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Judgment of the Court (Fifth Chamber) of 21 December 2023
ECLI:EU:C:2023:1025 |
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Case C-167/22 Commission v Denmark (Maximum parking time)
Failure of a Member State to fulfil obligations – International road haulage – Regulation (EC) No 1072/2009 – Articles 8 and 9 – Regulation (EC) No 561/2006 – Rest periods – National legislation introducing a maximum parking time at public rest areas of 25 hours along the motorway network of a Member State – Restriction on the freedom to provide road transport services – Burden of proof
Language of the case: Danish
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Opinion of Advocate General Rantos delivered on 7 September 2023
ECLI:EU:C:2023:648 |
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Judgment of the Court (Second Chamber) of 21 December 2023
ECLI:EU:C:2023:1020 |
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Case C-261/22 Criminal proceedings against GN (Ground for refusal based on the best interests of the child)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 15(2) – Surrender procedure between Member States – Grounds for non-execution – Charter of Fundamental Rights of the European Union – Article 7 – Respect for private and family life – Article 24(2) and (3) – Taking into consideration the best interests of the child – Right of every child to maintain on a regular basis a personal relationship and direct contact with both parents – Mother of young children living with her
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Opinion of Advocate General Ćapeta delivered on 13 July 2023
ECLI:EU:C:2023:582 |
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Judgment of the Court (Grand Chamber) of 21 December 2023
ECLI:EU:C:2023:1017 |
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Case C-278/22 AUTOTECHNICA FLEET SERVICES v Hrvatska agencija za nadzor financijskih usluga
Reference for a preliminary ruling – Freedom of establishment – Freedom to provide services – Directive 2006/123/EC – Article 2(2)(b) – Scope – Exclusion of financial services – Long-term rental of motor vehicles – Articles 9(1) and 10(1) and (2) – Services subject to prior authorisation
Request for a preliminary ruling from the Upravni sud u Zagrebu
Language of the case: Croatian
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Opinion of Advocate General Szpunar delivered on 11 May 2023
ECLI:EU:C:2023:401 |
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Judgment of the Court (Fifth Chamber) of 21 December 2023
ECLI:EU:C:2023:1026 |
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Case C-281/22 Criminal proceedings against G.K. and Others (European Public Prosecutor’s Office)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Article 31 – Cross-border investigations – Judicial authorisation – Scope of the review – Article 32 – Enforcement of assigned measures
Request for a preliminary ruling from the Oberlandesgericht Wien
Language of the case: German
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Opinion of Advocate General Ćapeta delivered on 22 June 2023
ECLI:EU:C:2023:510 |
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Judgment of the Court (Grand Chamber) of 21 December 2023
ECLI:EU:C:2023:1018 |
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Case C-288/22 TP v Administration de l'enregistrement, des domaines et de la TVA (VAT – Member of a board of directors)
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 9 – Taxable persons – Economic activity carried out independently – Concept of ‘economic activity’ – Concept of ‘independent exercise of the activity’ – Activity as a member of the board of directors of a public limited company
Request for a preliminary ruling from the Tribunal d'arrondissement de Luxembourg
Language of the case: French
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Opinion of Advocate General Kokott delivered on 13 July 2023
ECLI:EU:C:2023:590 |
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Judgment of the Court (Third Chamber) of 21 December 2023
ECLI:EU:C:2023:1024 |
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Case C-297/22 P United Parcel Service v Commission
Appeal – Action for damages – Concentrations of undertakings – European Commission decision declaring the concentration to be incompatible with the internal market and the functioning of the EEA Agreement – Annulment of the decision on account of procedural defect – Non-contractual liability of the European Union – Causal link
Language of the case: English
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Judgment of the Court (Fifth Chamber) of 21 December 2023
ECLI:EU:C:2023:1027 |
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Case C-340/22 Cofidis v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Direct taxation – Article 49 TFEU – Freedom of establishment – Introduction of a tax on the liabilities of credit institutions for the purpose of funding the national social security system – Alleged discrimination against branches of foreign credit institutions – Directive 2014/59/EU – Framework for the recovery and resolution of credit institutions and investment firms – Scope
Request for a preliminary ruling from the Tribunal Arbitral Tributário (Centro de Arbitragem Administrativa - CAAD)
Language of the case: Portuguese
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Opinion of Advocate General Pikamäe delivered on 13 July 2023
ECLI:EU:C:2023:584 |
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Judgment of the Court (First Chamber) of 21 December 2023
ECLI:EU:C:2023:1019 |
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Case C-396/22 Generalstaatsanwaltschaft Berlin (Conviction in absentia)
Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4a(1) – Surrender procedure between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Mandatory execution – Sentence handed down in absentia – Concept of ‘trial resulting in the decision’ – Proceedings amending sentences previously passed – Decision imposing a cumulative sentence – Decision handed down without the person concerned having appeared in person – National legislation imposing an absolute prohibition on surrender of the person concerned in the case of a decision rendered in absentia – Obligation to interpret national law in conformity with EU law
Request for a preliminary ruling from the Kammergericht Berlin
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 21 December 2023
ECLI:EU:C:2023:1029 |
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Case C-397/22 LM (Conviction in absentia)
Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4a(1) – Surrender procedure between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Mandatory execution – Sentence handed down in absentia – Concept of ‘trial resulting in the decision’ – Person concerned not having appeared in person either at first instance or on appeal – National legislation imposing an absolute prohibition on surrender of the person concerned in the case of a decision rendered in absentia – Obligation to interpret national law in conformity with EU law
Request for a preliminary ruling from the Kammergericht Berlin
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 21 December 2023
ECLI:EU:C:2023:1030 |
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Case C-398/22 RQ (Conviction in absentia)
Reference for a preliminary ruling – Police and judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4a(1) – Surrender procedure between Member States – Conditions for execution – Grounds for optional non-execution – Exceptions – Mandatory execution – Sentence handed down in absentia – Concept of ‘trial resulting in the decision’ – Person concerned not having appeared in person either at first instance or on appeal – National legislation imposing an absolute prohibition on surrender of the person concerned in the case of a decision rendered in absentia – Obligation to interpret national law in conformity with EU law
Request for a preliminary ruling from the Kammergericht Berlin
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 21 December 2023
ECLI:EU:C:2023:1031 |
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Case C-421/22 DOBELES AUTOBUSU PARKS and Others v Iepirkumu uzraudzības birojs and Autotransporta direkcija
Reference for a preliminary ruling – Transport – Public passenger transport services by rail and by road – Regulation (EC) No 1370/2007 – Article 1(1) – Article 2a(2) – Article 3(1) – Article 4(1) – Article 6(1) – Contract for the provision of public passenger transport services by bus – Procedure for awarding a public service contract – Open, transparent and non-discriminatory tendering procedure – Specifications – Amount of compensation granted by the competent national authority – Indexation limited in terms of time and categories of specific costs – Spreading of risk
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 14 September 2023
ECLI:EU:C:2023:681 |
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Judgment of the Court (Fifth Chamber) of 21 December 2023
ECLI:EU:C:2023:1028 |
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Case C-431/22 Scuola europea di Varese v PD and LC
Reference for a preliminary ruling – Convention defining the Statute of the European Schools – Article 27(2) – General Rules of the European Schools – Articles 62, 66 and 67 – Challenge to the decision of a Class Council not to authorise a pupil to be promoted to the year above in the secondary school – Lack of jurisdiction of the national courts – Sole jurisdiction of the Complaints Board of the European Schools – Effective judicial protection
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Opinion of Advocate General Szpunar delivered on 13 July 2023
ECLI:EU:C:2023:586 |
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Judgment of the Court (Second Chamber) of 21 December 2023
ECLI:EU:C:2023:1021 |
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Information (on unpublished decisions)
Case C-174/22 Criminal proceedings against EV (Drug precursors)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Drug precursors – Framework Decision 2004/757/JHA – Article 2(1)(d) – Person involved in the transport and distribution of precursors used for the illicit production or manufacture of drugs – Regulation (EC) No 273/2004 – Scheduled substances – Article 2 – Concept of ‘operator’ – Article 8(1) – Circumstances suggesting that scheduled substances might be diverted for the illicit manufacture of narcotic drugs or psychotropic substances – Obligation to notify those circumstances – Concept of ‘circumstance’ – Scope
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Order of the Court (Seventh Chamber) of 1 December 2023 ECLI:EU:C:2023:947 |
Case C-574/22 Criminal proceedings against CI and Others (Drug precursers)
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Drug precursors – Framework Decision 2004/757/JHA – Article 2(1)(d) – Person involved in the transport and distribution of precursors used for the illicit production or manufacture of drugs – Regulation (EC) No 273/2004 – Scheduled substances – Article 2 – Concept of ‘operator’ – Article 8(1) – Circumstances suggesting that scheduled substances might be diverted for the illicit manufacture of narcotic drugs or psychotropic substances – Obligation to notify those circumstances – Concept of ‘circumstance’ – Scope
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Order of the Court (Seventh Chamber) of 1 December 2023 ECLI:EU:C:2023:946 |
Case C-615/22 P HV and HW v ECDC
Appeal – Civil service – European Centre for Disease Prevention and Control (ECDC) – Members of the temporary staff – Psychological harassment – Working conditions – Material and non-material damage – Action for annulment and claim for damages
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Judgment of the Court (Sixth Chamber) of 7 December 2023 ECLI:EU:C:2023:961 |
Case C-311/23 Caisse CIBTP du Grand Ouest v D.V.M.RENOV
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Order of the Court (Eighth Chamber) of 7 December 2023 ECLI:EU:C:2023:976 |
Case C-317/23 P TO v EUAA
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Members of the temporary staff – Selection procedures – External vacancy notice [confidential] 1 Confidential information redacted. – Decision not to extend the validity of a reserve list – Action for annulment and for damages
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Order of the Court (Ninth Chamber) of 7 December 2023 ECLI:EU:C:2023:977 |
Case C-523/23 P(I) Biocom California v Illumina and Commission
Appeal – Intervention – Competition – Concentrations – Pharmaceutical industry market – Decision declaring a concentration incompatible with the internal market and the functioning of the Agreement on the European Economic Area – Action for annulment – Association of undertakings active in the relevant sector with the purpose of defending the interests of its members – Interest in the result of the case
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Order of the Vice-President of the Court of 7 December 2023 ECLI:EU:C:2023:974 |
Case C-756/22 Bank Millennium v ES and AS
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Unfair terms in consumer contracts – Directive 93/13/EEC – Article 6(1) and Article 7(1) – Mortgage loan agreement indexed to a foreign currency – Effects of the annulment of that agreement in its entirety
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Order of the Court (Ninth Chamber) of 11 December 2023 ECLI:EU:C:2023:978 |
Case C-407/23 Hera Luce v Comune di Trieste and Others
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to set out the factual and legislative context of the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Eighth Chamber) of 12 December 2023 ECLI:EU:C:2023:981 |
Case C-319/23 Proceedings brought by P. G.
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court's existing case-law – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Second indent of Article 7(1)(b) – International and territorial jurisdiction in contractual matters – Regulation (EC) No 261/2004 – Claim for compensation by air passengers for the cancellation of a flight – Article 5(1)(c) – Article 7(1)(a) – National legislation providing for other grounds of jurisdiction in favour of consumers
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Order of the Court (Eighth Chamber) of 13 December 2023 ECLI:EU:C:2023:979 |
Case C-742/21 P CAPA and Others v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – State aid – Individual aid measures for the operation of offshore wind farms – Obligation to purchase electricity at a price higher than the market price – Preliminary investigation procedure – Decision not to raise any objections – Action for annulment – Dismissal as inadmissible – Article 1(h) of Regulation (EU) 2015/1589 – Status of interested party – Fisheries undertakings – Construction of wind farms in fishing grounds – Competitive relationship – Likelihood that granting the aid at issue will have an effect on the interests of fisheries undertakings – Lack of effective judicial review – Incorrect findings – Distortion of the clear sense of evidence – Errors in the characterisation of the facts – Incorrect application of Article 39 TFEU – Failure to state reasons
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Order of the Court (Sixth Chamber) of 14 December 2023 ECLI:EU:C:2023:1000 |
Case C-474/23 Alfasoft v Agenția pentru Întreprinderi Mici și Mijlocii, Atragere de Investiții și Promovare a Exportului Cluj-Napoca
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to state the reasons justifying the need for a reply from the Court – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Eighth Chamber) of 14 December 2023 ECLI:EU:C:2023:1034 |
Case C-520/23 P UGA Nutraceuticals v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 15 December 2023 ECLI:EU:C:2023:1005 |
Case C-521/23 P UGA Nutraceuticals v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 15 December 2023 ECLI:EU:C:2023:1007 |
Case C-533/23 P Sanity Group v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 15 December 2023 ECLI:EU:C:2023:1002 |
Case C-231/23 Proceedings brought by Eurobank Bulgaria
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Consumer protection – Unfair terms – Directive 93/13/EEC – Application by a seller or supplier concerning part of a debt based on a contract concluded with a consumer – Judgment granting the application and confirming the validity of the contract in its entirety – Subsequent proceedings concerning a different part of that debt – Res judicata
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Order of the Court (Ninth Chamber) of 18 December 2023 ECLI:EU:C:2023:1008 |
Case C-223/23 Criminal proceedings against L.D.
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to state the reasons justifying the need for a reply to questions referred for a preliminary ruling – Requirement to state the link between the provisions of European Union law whose interpretation is sought and the applicable national legislation – Lack of sufficient details – Manifest inadmissibility
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Order of the Court (Ninth Chamber) of 19 December 2023 ECLI:EU:C:2023:1033 |
Case C-54/20 P-DEP Missir Mamachi di Lusignano v Commission
Taxation of costs
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Order of the Court (Seventh Chamber) of 21 December 2023 ECLI:EU:C:2023:1032 |
January 2024
Case C-278/23 M.M. v Ministero della Difesa
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 5 – Fixed-term employment contracts in the public sector – Successive contracts – Prohibition on converting fixed-term contracts to open-ended contracts – Teaching non-military subjects in military schools
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Order of the Court (Seventh Chamber) of 8 January 2024
ECLI:EU:C:2024:111 |
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Joined Cases C-181/21 and C-269/21 G. and Others v M.S. and X (Appointment of judges to the ordinary courts in Poland)
Reference for a preliminary ruling – Article 267 TFEU – Possibility for the referring court to take account of the preliminary ruling of the Court – Interpretation sought by the referring court necessary to enable it to give judgment – Independence of the judiciary – Conditions for the appointment of judges of the ordinary courts – Possibility of challenging an order which has definitively ruled on an application for the grant of interim measures – Possibility of removing a judge from a panel of judges of the court – Inadmissibility of the requests for a preliminary ruling
Requests for a preliminary ruling from the Sąd Okręgowy w Katowicach and Sąd Okręgowy w Krakowie
Language of the case: Polish
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Opinion of Advocate General Collins delivered on 15 December 2022
ECLI:EU:C:2022:990 |
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Judgment of the Court (Grand Chamber) of 9 January 2024
ECLI:EU:C:2024:1 |
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Case C-658/22 Sąd Najwyższy
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Legal questions raised by the First President of a Supreme Court – No dispute before the referring court – Manifest inadmissibility
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
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Order of the Court (Tenth Chamber) of 9 January 2024
ECLI:EU:C:2024:38 |
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Case C-131/23 Criminal proceedings against C.A.A. and C.V.
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Acte éclairé – Decision 2006/928/EC – Mechanism for cooperation and verification of progress in Romania to address specific benchmarks in the areas of judicial reform and the fight against corruption – Legal nature and effects – Binding on Romania – Direct effect of the benchmarks – Obligation to combat corruption in general and high-level corruption in particular – Obligation to provide for dissuasive and effective criminal penalties – Limitation period for criminal liability – Decision of a constitutional court which has declared invalid a provision of national legislation governing the grounds for interrupting that period – Systemic risk of impunity – Principle that offences and penalties must be defined by law – Requirements of foreseeability and precision of criminal law – Principle of the retroactive application of the more lenient criminal law (lex mitior) – Principle of legal certainty – National standard of protection of fundamental rights – Obligation of the courts of a Member State to disapply decisions of the constitutional court and/or the supreme court of that Member State in the event that they are incompatible with EU law
Request for a preliminary ruling from the Curtea de Apel Braşov
Language of the case: Romanian
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Order of the Court (Ninth Chamber) of 9 January 2024
ECLI:EU:C:2024:42 |
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Case C-122/22 P Dyson and Others v Commission
Appeal – Energy – Directive 2010/30/EU – Indication by labelling and standard product information of the consumption of energy and other resources by energy-related products – Delegated regulation of the European Commission supplementing that directive – Energy labelling of vacuum cleaners – Annulment – Actions for damages – Non-contractual liability of the European Union – Requirement of a sufficiently serious breach of a rule of law intended to confer rights on individuals – Manifest and grave disregard for the limits of discretion – Relevant factors in the case of the absence of any discretion
Language of the case: English
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Opinion of Advocate General Ćapeta delivered on 6 July 2023
ECLI:EU:C:2023:552 |
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Judgment of the Court (Fourth Chamber) of 11 January 2024
ECLI:EU:C:2024:11 |
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Case C-231/22 État belge v Autorité de protection des données (Data processed by an official journal)
Reference for a preliminary ruling – Approximation of laws – Protection of natural persons with regard to the processing of personal data and free movement of such data (General Data Protection Regulation) – Regulation (EU) 2016/679 – Point 7 of Article 4 – Concept of ‘controller’ – Official journal of a Member State – Obligation to publish as they stand company documents prepared by companies or their legal representatives – Article 5(2) – Successive processing of the personal data contained in such documents by several separate persons or entities – Determination of responsibilities
Request for a preliminary ruling from the cour d'appel de Bruxelles
Language of the case: French
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Opinion of Advocate General Medina delivered on 8 June 2023
ECLI:EU:C:2023:468 |
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Judgment of the Court (Third Chamber) of 11 January 2024
ECLI:EU:C:2024:7 |
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Case C-252/22 Societatea Civilă Profesională de Avocaţi AB & CD v Consiliul Judeţean Suceava and Others
Reference for a preliminary ruling – Environment – Aarhus Convention – Article 9(3) to (5) – Access to justice – Law firm partnership – Action seeking to challenge administrative measures – Admissibility – Conditions laid down by national law – No impairment of a right or undermining of a legitimate interest – Not prohibitively expensive judicial proceedings – Allocation of costs – Criteria
Request for a preliminary ruling from the Curtea de Apel Târgu-Mureş
Language of the case: Romanian
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Opinion of Advocate General Medina delivered on 13 July 2023
ECLI:EU:C:2023:592 |
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Judgment of the Court (Fourth Chamber) of 11 January 2024
ECLI:EU:C:2024:13 |
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Case C-330/22 Friends of the Irish Environment v Minister for Agriculture Food and the Marine and Others (Fixing fishing quotas above zero)
Reference for a preliminary ruling – Common fisheries policy – Conservation of resources – Total allowable catches (TACs) applicable to stocks of cod in the West of Scotland and the Celtic Sea, whiting in the Irish Sea and plaice in the Celtic Sea South – Regulation (EU) 2020/123 – Annex IA – TACs above zero – Expiry of the period of application – Assessment of validity – Regulation (EU) No 1380/2013 – Article 2(2), second subparagraph – Objective of achieving a maximum sustainable yield (MSY) exploitation rate at the latest by 2020 for all stocks – Articles 2, 3, 9, 10, 15 and 16 – Socioeconomic and employment objectives – Best available scientific advice – Landing obligation – Mixed fisheries – ‘Choke species’ – Regulation (EU) 2019/472 – Articles 1 to 5, 8 and 10 – Target stocks – By-catches – Remedial measures – Discretion
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
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Opinion of Advocate General Ćapeta delivered on 15 June 2023
ECLI:EU:C:2023:487 |
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Judgment of the Court (Fifth Chamber) of 11 January 2024
ECLI:EU:C:2024:19 |
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Case C-361/22 Inditex v Buongiorno Myalert
Reference for a preliminary ruling – Trade marks – Directive 2008/95/EC – Article 6(1)(c) – Limitation of the effects of the trade mark – Use of a trade mark to indicate the intended purpose of a product or service – Directive (EU) 2015/2436 – Article 14(1)(c)
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Opinion of Advocate General Szpunar delivered on 7 September 2023
ECLI:EU:C:2023:653 |
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Judgment of the Court (Fourth Chamber) of 11 January 2024
ECLI:EU:C:2024:17 |
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Case C-363/22 P Planistat Europe and Charlot v Commission
Appeal – Second paragraph of Article 340 TFEU – Non-contractual liability of the European Union – Regulation (EC) No 1073/1999 – Investigations conducted by the European Anti-Fraud Office (OLAF) – External investigation by OLAF – ‘Eurostat’ case – Forwarding by OLAF of information concerning matters liable to result in criminal proceedings to the national judicial authorities before the conclusion of the investigation – Filing of a complaint by the European Commission before the conclusion of the OLAF investigation – National criminal proceedings – Ruling that there is no need to adjudicate which has become final – Concept of a ‘sufficiently serious breach’ of a rule of EU law intended to confer rights on individuals – Material and non-material damage allegedly suffered by the appellants – Actions for damages
Language of the case: French
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Opinion of Advocate General Medina delivered on 13 July 2023
ECLI:EU:C:2023:594 |
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Judgment of the Court (Fifth Chamber) of 11 January 2024
ECLI:EU:C:2024:20 |
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Case C-371/22 G v W (Early termination fees)
Reference for a preliminary ruling – Internal market in electricity – Directive 2009/72/EC – Article 3(5) and (7) – Consumer protection – Right to switch supplier – Non-household customer – Fixed-term, fixed-price electricity supply contract concluded with a small undertaking – Contractual penalty for early termination – National legislation limiting the amount of that penalty to the ‘costs and damages resulting from the contract’
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
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Opinion of Advocate General Rantos delivered on 7 September 2023
ECLI:EU:C:2023:654 |
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Judgment of the Court (Fifth Chamber) of 11 January 2024
ECLI:EU:C:2024:21 |
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Case C-433/22 Autoridade Tributária e Aduaneira v HPA - Construções
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Annex IV – Point 2 – Temporary provisions for particular labour-intensive services – Reduced rate of VAT applicable to the renovation and repairing of private dwellings – Definition of ‘private dwellings’
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
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Opinion of Advocate General Kokott delivered on 7 September 2023
ECLI:EU:C:2023:655 |
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Judgment of the Court (Eighth Chamber) of 11 January 2024
ECLI:EU:C:2024:25 |
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Case C-440/22 P Wizz Air Hungary v Commission
Appeal – State aid – Air transport – Romania – Rescue aid to TAROM – Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty – Decision of the European Commission not to raise objections on the ground that the measures constitute aid compatible with the internal market
Language of the case: English
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Judgment of the Court (Ninth Chamber) of 11 January 2024
ECLI:EU:C:2024:26 |
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Case C-473/22 Mylan v Gilead Sciences Finland and Others
Reference for a preliminary ruling – Intellectual and industrial property – Medicinal product for human use – Supplementary protection certificate (SPC) – Directive 2004/48/EC – Article 9(7) – Placing on the market of products infringing SPC rights – Provisional measures ordered on the basis of an SPC – Subsequent invalidity of the SPC and revocation of the measures – Consequences – Right to appropriate compensation for losses caused by the provisional measures – Liability of the applicant for those measures for losses caused by them – National legislation providing for strict liability
Request for a preliminary ruling from the Markkinaoikeus
Language of the case: Finnish
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Opinion of Advocate General Szpunar delivered on 21 September 2023
ECLI:EU:C:2023:699 |
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Judgment of the Court (Third Chamber) of 11 January 2024
ECLI:EU:C:2024:8 |
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Case C-517/22 P Eurobolt and Others v Commission and Stafa Group
Appeal – Dumping – Extension of the anti-dumping duty imposed on imports of certain iron or steel fasteners originating in China to imports consigned from Malaysia – Compliance with the judgment of 3 July 2019, Eurobolt (C‑644/17, EU:C:2019:555) – Re-imposition of a definitive anti-dumping duty – Implementing Regulation (EU) 2020/611 – Validity
Language of the case: English
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Opinion of Advocate General Emiliou delivered on 7 September 2023
ECLI:EU:C:2023:649 |
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Judgment of the Court (Third Chamber) of 11 January 2024
ECLI:EU:C:2024:9 |
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Case C-524/22 P Foz v Council
Appeal – Common foreign and security policy – Restrictive measures adopted against Syria – Measures directed against persons associated with persons and entities subject to restrictive measures – Lists of persons subject to the freezing of funds and economic resources – Proof that inclusion of the appellant’s name on those lists is well founded
Language of the case: English
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Judgment of the Court (Sixth Chamber) of 11 January 2024
ECLI:EU:C:2024:23 |
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Case C-537/22 Global Ink Trade v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Refusal of the right to deduct – Obligations of the taxable person – Duty of diligence – Burden of proof – Principles of fiscal neutrality and legal certainty – Primacy of EU law – Conflict between the case-law of a national court and EU law
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Judgment of the Court (First Chamber) of 11 January 2024
ECLI:EU:C:2024:6 |
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Case C-755/22 Nárokuj v EC Financial Services
Reference for a preliminary ruling – Consumer protection – Directive 2008/48/EC – Credit agreements for consumers – Article 8 – Obligation of a creditor to check a consumer’s creditworthiness – Regularisation of a breach due to full performance of the credit agreement – Article 23 – Effective, proportionate and dissuasive penalties – Credit agreement void and creditor’s entitlement to payment of the agreed interest forfeited – No harmful consequences for the consumer – Holding creditors accountable and preventing irresponsible practices when granting credit to consumers
Request for a preliminary ruling from the Okresní soud Praha-západ
Language of the case: Czech
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Judgment of the Court (Third Chamber) of 11 January 2024
ECLI:EU:C:2024:10 |
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Case C-220/23 R. v Prezes Urzędu Regulacji Energetyki
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – State aid – Support for renewable energy – Obligation to supply electricity from renewable energy sources – Aid compatible with the internal market – Prior notification of the aid – Article 108(3) TFEU – Possibility of imposing a pecuniary penalty for a breach of the supply obligation that occurred before that notification
Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie
Language of the case: Polish
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Order of the Court (Seventh Chamber) of 11 January 2024
ECLI:EU:C:2024:34 |
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Case C-621/21 WS v Intervyuirasht organ na DAB pri MS (Women victims of domestic violence)
Reference for a preliminary ruling – Area of freedom, security and justice – Common asylum policy – Directive 2011/95/EU – Qualification for refugee status – Article 2(d) – Reasons for persecution – ‘Membership of a particular social group’ – Article 10(1)(d) – Acts of persecution – Article 9(1) and (2) – Link between the reasons for and acts of persecution or between the reasons for persecution and the absence of protection against such acts – Article 9(3) – Non-State actors – Article 6(c) – Qualification for subsidiary protection – Article 2(f) – ‘Serious harm’ – Article 15(a) and (b) – Assessment of applications for international protection for the purpose of granting refugee status or subsidiary protection status – Article 4 – Gender-based violence against women – Domestic violence – Threat of ‘honour killing’
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
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Opinion of Advocate General Richard de la Tour delivered on 20 April 2023
ECLI:EU:C:2023:314 |
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Judgment of the Court (Grand Chamber) of 16 January 2024
ECLI:EU:C:2024:47 |
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Case C-33/22 Österreichische Datenschutzbehörde v WK
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Article 16 TFEU – Regulation (EU) 2016/679 – Article 2(2)(a) – Scope – Exclusions – Activities which fall outside the scope of Union law – Article 4(2) TEU – Activities concerning national security – Committee of inquiry set up by the parliament of a Member State – Article 23(1)(a) and (h), Articles 51 and 55 of Regulation (EU) 2016/679 – Competence of the supervisory authority responsible for data protection – Article 77 – Right to lodge a complaint with a supervisory authority – Direct effect
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 11 May 2023
ECLI:EU:C:2023:397 |
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Judgment of the Court (Grand Chamber) of 16 January 2024
ECLI:EU:C:2024:46 |
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Case C-128/21 Lietuvos notarų rūmai and Others v Lietuvos Respublikos konkurencijos taryba
Reference for a preliminary ruling – Competition – Article 101 TFEU – Concepts of ‘undertaking’ and ‘decisions of associations of undertakings’ – Decisions of the chamber of notaries of a Member State fixing the methods for calculating fees – Restriction ‘by object’ – Prohibition – Lack of justification – Fine – Imposition on the association of undertakings and its members – Perpetrator of the infringement
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
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Opinion of Advocate General Pitruzzella delivered on 12 January 2023
ECLI:EU:C:2023:16 |
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Judgment of the Court (First Chamber) of 18 January 2024
ECLI:EU:C:2024:49 |
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Case C-367/21 Hewlett Packard Development Company v Senetic
Reference for a preliminary ruling – Free movement of goods – Articles 34 and 36 TFEU – Intellectual property – EU trade mark – Regulation (EC) No 207/2009 – Article 13 – Regulation (EU) 2017/1001 – Article 15 – Exhaustion of the rights conferred by a trade mark – Placing on the market within the European Union or the European Economic Area (EEA) – Consent of the proprietor of the trade mark – Place of first marketing of goods by the proprietor of the trade mark or with his consent – Burden of proof
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
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Judgment of the Court (Tenth Chamber) of 18 January 2024
ECLI:EU:C:2024:61 |
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Case C-46/22 P Jenkinson v Council and Others
Appeal – Arbitration clause – Staff of international missions of the European Union – Consecutive fixed-term contracts – Claim that all the contractual relationships should be re-categorised as a ‘contract of indefinite duration’ – Claim for compensation for unfair dismissal – Actions for damages – Principle of non-discrimination – Principle of ne ultra petita – Obligation to state reasons – Distortion of national law – Costs
Language of the case: French
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Opinion of Advocate General Richard de la Tour delivered on 17 May 2023
ECLI:EU:C:2023:419 |
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Judgment of the Court (First Chamber) of 18 January 2024
ECLI:EU:C:2024:50 |
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Case C-218/22 BU v Comune di Copertino
Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Article 7 – Article 31(2) of the Charter of Fundamental Rights of the European Union – Allowance in lieu of days of leave not taken at the end of the employment relationship – National legislation prohibiting payment of that allowance in the event of the voluntary resignation of a public servant – Control of public expenditure – Organisational needs of the public employer
Request for a preliminary ruling from the Tribunale di Lecce
Language of the case: Italian
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Opinion of Advocate General Ćapeta delivered on 8 June 2023
ECLI:EU:C:2023:465 |
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Judgment of the Court (First Chamber) of 18 January 2024
ECLI:EU:C:2024:51 |
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Case C-227/22 IL v Regionalna direktsia ‘Avtomobilna administratsia’ Pleven
Reference for a preliminary ruling – Transport – Directive 2006/126/EC – Article 7(1) and (3) – Driving licences – Issue, validity and renewal – Physical and mental fitness for driving – Medical examinations – Frequency – Document certifying the psychological fitness of drivers
Request for a preliminary ruling from the Administrativen sad - Gabrovo
Language of the case: Bulgarian
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Opinion of Advocate General Pikamäe delivered on 13 July 2023
ECLI:EU:C:2023:589 |
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Judgment of the Court (Third Chamber) of 18 January 2024
ECLI:EU:C:2024:57 |
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Case C-303/22 CROSS Zlín v Úřad pro ochranu hospodářské soutěže
Reference for a preliminary ruling – Procedures for the review of the award of public supply and public works contracts – Directive 89/665/EEC – Access to review procedures – Articles 2(3) and 2a(2) – Obligation for Member States to provide for a review procedure with suspensive effect – Review body of first instance – Review relating to a contract award decision – Article 2(9) – Body responsible for review procedures of a non-judicial character – Conclusion of a public contract before lodging of a judicial action against a decision by that body – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection
Request for a preliminary ruling from the Krajský soud v Brně
Language of the case: Czech
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 7 September 2023
ECLI:EU:C:2023:652 |
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Judgment of the Court (Fourth Chamber) of 18 January 2024
ECLI:EU:C:2024:60 |
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Case C-451/22 RTL Nederland and RTL Nieuws v Minister van Infrastructuur en Waterstaat
Reference for a preliminary ruling – Aviation Transport – Regulation (EU) No 376/2014 – Follow-up of occurrences endangering aviation safety – Article 15 – Confidentiality of details relating to those occurrences – Scope of that confidentiality – Charter of Fundamental Rights of the European Union – Article 11 – Freedom of expression and of information – Freedom of the media – Request for disclosure of information on the downing of an aircraft flying over eastern Ukraine, made by undertakings operating in the media sector – Article 52(1) – Limitation – Conditions
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Opinion of Advocate General Collins delivered on 15 June 2023
ECLI:EU:C:2023:484 |
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Judgment of the Court (Second Chamber) of 18 January 2024
ECLI:EU:C:2024:54 |
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Case C-531/22 Getin Noble Bank and Others v TL (Review by a national court of its own motion of unfair contractual terms)
Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 3(1) – Article 6(1) – Article 7(1) – Article 8 – Enforcement order which has acquired the force of res judicata – Power of the court to assess of its own motion whether a term is unfair when supervising enforcement proceedings – National register of standard business terms which are held to be unlawful – Terms which are linguistically different from those contained in that register, but which have the same meaning and the same effect
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy - Śródmieścia w Warszawie
Language of the case: Polish
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Judgment of the Court (Ninth Chamber) of 18 January 2024
ECLI:EU:C:2024:58 |
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Case C-562/22 JD v OB (Residence requirement)
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Restrictions – Acquisition of agricultural land in a Member State – Obligation for the acquirer to have the status of resident for more than five years
Request for a preliminary ruling from the Rayonen sad Burgas
Language of the case: Bulgarian
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Judgment of the Court (Eighth Chamber) of 18 January 2024
ECLI:EU:C:2024:55 |
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Case C-631/22 J.M.A.R v Ca Na Negreta
Reference for a preliminary ruling – Directive 2000/78/EC – Equal treatment in employment and occupation – Prohibition of discrimination on grounds of disability – Accident at work – Total permanent incapacity – Termination of the employment contract – Article 5 – Reasonable accommodation
Request for a preliminary ruling from the Tribunal Superior de Justicia de las Islas Baleares
Language of the case: Spanish
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Judgment of the Court (First Chamber) of 18 January 2024
ECLI:EU:C:2024:53 |
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Case C-656/22 Askos Properties v Zamestnik izpalnitelen direktor na Darzhaven fond 'Zemedelie'
Reference for a preliminary ruling – Agriculture – Common agricultural policy (CAP) – European Agricultural Fund for Rural Development (EAFRD) – Rural development support measures – Regulation (EC) No 1974/2006 – Lease or letting agreement – Lease agreement concluded between a municipal authority and an aid beneficiary – Commitments over five years – Termination of the lease agreement further to a legislative amendment – Obligation to reimburse the aid received in part or in full – Not possible to adapt those commitments to a new situation for the holding – Definition of ‘force majeure’ and ‘exceptional circumstances’ – Definition of ‘expropriation of the holding’
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Judgment of the Court (Eighth Chamber) of 18 January 2024
ECLI:EU:C:2024:56 |
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Case C-785/22 P Eulex Kosovo v SC
Appeal – Judgment which is the object of an application before the General Court to have it set aside – Inadmissibility
Language of the case: English
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Rectification order of 13 March 2024
ECLI:EU:C:2024:247 |
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Judgment of the Court (Fourth Chamber) of 18 January 2024
ECLI:EU:C:2024:52 |
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Case C-791/22 G.A. v Hauptzollamt Braunschweig (Place where VAT is incurred - III)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 30, first subparagraph – Article 60 – Article 71(1) – Place of taxable transactions – Goods brought into the customs territory of the European Union in a first Member State in breach of customs rules and subsequently transported to a second Member State – Place where import VAT is incurred – National provision referring to EU customs legislation
Request for a preliminary ruling from the Finanzgericht Hamburg
Language of the case: German
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Judgment of the Court (Ninth Chamber) of 18 January 2024
ECLI:EU:C:2024:59 |
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Case C-687/21 BL v MediaMarktSaturn Hagen-Iserlohn
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Interpretation of Articles 5, 24, 32 and 82 – Assessment of the validity of Article 82 – Inadmissibility of the request for an assessment of validity – Right to compensation for damage caused by data processing which infringes that regulation – Transmission of data to an unauthorised third party on account of an error made by the employees of the controller – Assessment of the appropriateness of the protective measures implemented by the controller – Compensatory function fulfilled by the right to compensation – Effect of the severity of the infringement – Whether necessary to establish the existence of damage caused by that infringement – Concept of ‘non-material damage’
Request for a preliminary ruling from the Amtsgericht Hagen
Language of the case: German
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Judgment of the Court (Third Chamber) of 25 January 2024
ECLI:EU:C:2024:72 |
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Joined Cases C-810/21 to C-813/21 Caixabank and Others v WE and Others (Limitation period for the repayment of mortgage charges)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Charges arising from the formalisation of the mortgage loan agreement – Restitution of the sums paid under a term declared to be unfair – Starting point of the limitation period for an action for restitution
Requests for a preliminary ruling from the Audiencia Provincial de Barcelona
Language of the case: Spanish
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Judgment of the Court (Ninth Chamber) of 25 January 2024
ECLI:EU:C:2024:81 |
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Case C-58/22 Criminal proceedings against NR
Reference for a preliminary ruling – Charter of Fundamental Rights of the European Union – Article 50 – Principle ne bis in idem – Criminal proceedings brought in rem – Order that no further action be taken adopted by a public prosecutor’s office – Admissibility of later criminal proceedings brought in personam in respect of the same facts – Conditions to be satisfied for it to be held that a person has been finally acquitted or convicted – Requirement for a detailed investigation – No interview of a potential witness – No interview of the person concerned as a ‘suspect’
Request for a preliminary ruling from the Curtea de Apel Craiova
Language of the case: Romanian
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Opinion of Advocate General Emiliou delivered on 8 June 2023
ECLI:EU:C:2023:464 |
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Judgment of the Court (First Chamber) of 25 January 2024
ECLI:EU:C:2024:70 |
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Case C-277/22 Global NRG v Magyar Energetikai és Közmű-szabályozási Hivatal
Reference for a preliminary ruling – Internal market in natural gas – Directive 2009/73/EC – Article 41(17) – Natural gas transmission system – National regulatory authority – Fixing of system usage charges and connection fees – Fixing of remuneration for any services provided by the system operator – Concept of ‘a party affected by a decision of a regulatory authority’ – Appeal against that decision – Right to an effective remedy – Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Judgment of the Court (Eighth Chamber) of 25 January 2024
ECLI:EU:C:2024:78 |
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Case C-334/22 Audi v GQ (Mounting element for emblem on a radiator grille)
Reference for a preliminary ruling – EU trade mark – Regulation (EU) 2017/1001 – Article 9(2) and (3)(a) to (c) – Right conferred by an EU trade mark – Concept of ‘using in the course of trade any sign’ – Article 14(1)(c) – Limitations on the effects of an EU trade mark – Right of the proprietor of an EU trade mark to oppose the use by a third party of a sign identical with, or similar to, the trade mark for motor vehicle spare parts – Component of a radiator grille designed for the attachment of an emblem representing the trade mark of a motor vehicle manufacturer
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
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Opinion of Advocate General Medina delivered on 21 September 2023
ECLI:EU:C:2023:700 |
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Judgment of the Court (Fourth Chamber) of 25 January 2024
ECLI:EU:C:2024:76 |
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Case C-390/22 Obshtina Pomorie v 'ANHIALO AVTO'
Reference for a preliminary ruling – Transport – Regulation (EC) No 1370/2007 – Public passenger transport services by rail and by road – Public service contracts – Public service obligations – Public service compensation – Article 4(1)(b) – Mandatory content of public service contracts – Parameters for calculating public service compensation – Determination of prior, objective and transparent parameters – Absence of competitive tendering procedure – Application of the rules for calculating compensation contained in the annex to Regulation (EC) No 1370/2007 – Conditions laid down by national legislation for the payment of compensation – Determination of the amount of compensation in the law approving the State budget for the year concerned and payment of that amount to the competent national authority – Setting parameters for calculating compensation by reference to general rules
Request for a preliminary ruling from the Okrazhen sad - Burgas
Language of the case: Bulgarian
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Opinion of Advocate General Rantos delivered on 5 October 2023
ECLI:EU:C:2023:740 |
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Judgment of the Court (Fifth Chamber) of 25 January 2024
ECLI:EU:C:2024:75 |
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Case C-438/22 Em akaunt BG v Zastrahovatelno aktsionerno druzhestvo Armeets
Reference for a preliminary ruling – Competition – Agreements, decisions and concerted practices – Article 101 TFEU – Setting of minimum fee amounts by a lawyers’ professional organisation – Decision by an association of undertakings – Court prohibited from ordering reimbursement of fees in an amount less than those minimum amounts – Restriction of competition – Justifications – Legitimate objectives – Quality of the services provided by the lawyers – Implementation of the judgment of 23 November 2017, CHEZ Elektro Bulgaria and FrontEx International (C‑427/16 and C‑428/16, EU:C:2017:890) – Whether the Wouters case-law may be relied on in a situation involving a restriction of competition by object
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
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Judgment of the Court (Second Chamber) of 25 January 2024
ECLI:EU:C:2024:71 |
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Case C-474/22 Laudamotion v Flightright (Decision not to take a delayed flight)
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 3(2)(a) – Article 5(1) – Article 7(1) – Compensation for air passengers in the event of long delay of flights – Requirement to present oneself for check-in in good time
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Judgment of the Court (Third Chamber) of 25 January 2024
ECLI:EU:C:2024:73 |
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Case C-481/22 Commission v Ireland (Trihalomethanes in drinking water )
Failure of a Member State to fulfil obligations – Directive 98/83/EC – Quality of water intended for human consumption – Article 4(1) – Obligation on Member States to take the measures necessary to ensure that water intended for human consumption is wholesome and clean – Annex I, Part B – Exceedance of limit values for concentrations of trihalomethanes in drinking water – Article 8(2) – Obligation on Member States to take the necessary remedial action as soon as possible to restore the quality of the water and to give priority to their enforcement action
Language of the case: English
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Judgment of the Court (Ninth Chamber) of 25 January 2024
ECLI:EU:C:2024:85 |
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Case C-722/22 Proceedings brought by Sofiyski gradski sad
Reference for a preliminary ruling – Area of freedom, justice and security – Judicial cooperation in criminal matters – Framework Decision 2005/212/JHA – Confiscation of crime-related proceeds, instrumentalities and property – Third indent of Article 1 – Concept of ‘instrumentality’ – Article 2(1) – Obligation for Member States to take measures to enable the confiscation of instrumentalities from criminal offences – Vehicle used to transport excise goods without a tax marking in breach of the law
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
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Judgment of the Court (Eighth Chamber) of 25 January 2024
ECLI:EU:C:2024:80 |
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Case C-54/23 WY v Laudamotion and Ryanair
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(1) – Article 7(1) – Compensation for air passengers in the event of a long delay to a flight – Loss of time – Replacement flight booked by the passenger – Passenger arriving at the final destination less than three hours later than the original scheduled arrival time – No compensation
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Judgment of the Court (Third Chamber) of 25 January 2024
ECLI:EU:C:2024:74 |
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Case C-560/20 CR and Others v Landeshauptmann von Wien (Family reunification with a minor refugee)
Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Right to family reunification – Directive 2003/86/EC – Article 10(3)(a) – Family reunification of an unaccompanied minor refugee with his or her first-degree relatives in the direct ascending line – Article 2(f) – Concept of ‘unaccompanied minor’ – Minor sponsor at the time of submission of the application but who attained majority during the family reunification procedure – Relevant date for assessing minor status – Period for submitting an application for family reunification – Adult sister of the sponsor requiring the permanent assistance of her parents on account of a serious illness – Effectiveness of the right to family reunification of an unaccompanied minor refugee – Article 7(1) – Article 12(1), first and third subparagraphs – Possibility of making family reunification subject to additional conditions
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
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Opinion of Advocate General Collins delivered on 4 May 2023
ECLI:EU:C:2023:375 |
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Judgment of the Court (Grand Chamber) of 30 January 2024
ECLI:EU:C:2024:96 |
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Case C-255/21 Reti Televisive Italiane v Autorità per le Garanzie nelle Comunicazioni
Reference for a preliminary ruling – Directive 2010/13/EU – Audiovisual media services – Article 23(1) and (2) – Limits on the hourly broadcasting time for television advertising – Exceptions – Concept of ‘announcements made by the broadcaster in connection with its own programmes’ – Announcements made by such an organisation in order to promote broadcasts of a radio station belonging to the same broadcasting group as that broadcaster
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Opinion of Advocate General Kokott delivered on 13 July 2023
ECLI:EU:C:2023:588 |
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Judgment of the Court (Third Chamber) of 30 January 2024
ECLI:EU:C:2024:98 |
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Case C-118/22 NG v Direktor na Glavna direktsia ‘Natsionalna politsia’ pri MVR – Sofia
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data for the purpose of combating crime – Directive (EU) 2016/680 – Article 4(1)(c) and (e) – Data minimisation – Limitation of storage – Article 5 – Appropriate time limits for erasure or for a periodic review of the need for the storage – Article 10 – Processing of biometric and genetic data – Strict necessity – Article 16(2) and (3) – Right to erasure – Restriction of processing – Article 52(1) of the Charter of Fundamental Rights of the European Union – Natural person convicted by final judgment and subsequently legally rehabilitated – Storage of data until death – No right to erasure or restriction of processing – Proportionality
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Opinion of Advocate General Pikamäe delivered on 15 June 2023
ECLI:EU:C:2023:483 |
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Judgment of the Court (Grand Chamber) of 30 January 2024
ECLI:EU:C:2024:97 |
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Case C-442/22 P v Dyrektor Izby Administracji Skarbowej w Lublinie ( Fraud by an employee)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 203 – Obligation to pay – Person who enters VAT on an invoice – Person liable to pay VAT – Fake invoices issued by an employee including the employer’s details without its knowledge or consent – Employer due diligence
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Opinion of Advocate General Kokott delivered on 21 September 2023
ECLI:EU:C:2023:702 |
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Judgment of the Court (Eighth Chamber) of 30 January 2024
ECLI:EU:C:2024:100 |
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Case C-471/22 Agentsia 'Patna infrastruktura' v Rakovoditel na Upravlyavashtia organ na Operativna programa 'Transport' 2007-2013 (European funding of road infrastructure)
Reference for a preliminary ruling – European Union Cohesion Funds – Regulation (EC) No 1083/2006 – Articles 99 and 101 – Financial corrections in connection with detected irregularities – Regulation (EU) 2021/1060 – Article 104 – Financial corrections made by the Commission – Commission decision annulling in part a contribution from that fund – Validity – Charter of Fundamental Rights of the European Union – Article 41 – Right to good administration – Article 47, first paragraph – Right to an effective remedy before a tribunal
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
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Judgment of the Court (Third Chamber) of 30 January 2024
ECLI:EU:C:2024:99 |
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Information (on unpublished decisions)
Case C-75/23 Criminal proceedings against M.A.sr and Others
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Acte éclairé – Identical questions – Protection of the financial interests of the European Union – Article 325(1) TFEU – PFI Convention – Article 2(1) – Obligation to counter fraud affecting the financial interests of the European Union by taking effective deterrent measures – Obligation to provide for criminal penalties – Value added tax (VAT) – Directive 2006/112/EC – Serious VAT fraud – Limitation period for criminal liability – Judgment of a constitutional court which had invalidated a national provision governing the reasons for interrupting that period – Systemic risk of impunity – Protection of fundamental rights – Article 49(1) of the Charter of Fundamental Rights of the European Union – Principle that offences and penalties must be defined by law – Requirements of foreseeability and precision of criminal law – Principle of the retroactive application of the more lenient criminal law (lex mitior) – Principle of legal certainty – National standard of protection of fundamental rights – Duty on the courts of a Member State to disapply judgments of the constitutional court and/or the supreme court of that Member State in the event that they are incompatible with EU law – Disciplinary liability of judges in the event of non-compliance with those judgments – Principle of the primacy of EU law
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Order of the Court (Ninth Chamber) of 9 January 2024 ECLI:EU:C:2024:44 |
Case C-338/23 Criminal proceedings against M.S.S. and Others
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Interpretation of national law – Manifest lack of jurisdiction – Requirement to set out the legislative context of the dispute in the main proceedings and the reasons justifying the need for an answer to the question referred for a preliminary ruling – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Eighth Chamber) of 9 January 2024 ECLI:EU:C:2024:4 |
Case C-387/23 ZD 'BUL INS' v PV
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to provide reasons justifying the need for an answer from the Court – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Eighth Chamber) of 9 January 2024 ECLI:EU:C:2024:2 |
Case C-611/23 P Yayla Türk v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 9 January 2024 ECLI:EU:C:2024:3 |
Case C-754/22 P OG and Others v Commission
Appeal – Delegated Regulation (EU) 2021/2288 and Delegated Regulation (EU) 2022/503 – Regulation (EU) 2021/953 – EU Digital COVID Certificate – Freedom of movement of persons – Restrictions – Action for annulment – Inadmissibility – Article 181 of the Rules of Procedure of the Court of Justice – Appeal manifestly unfounded
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Order of the Court (Eighth Chamber) of 10 January 2024 ECLI:EU:C:2024:35 |
Case C-111/22 P Hamers v Cedefop
Appeal – Civil service – Official – Investigation by the European Anti-Fraud Office (OLAF) – National criminal proceedings – National decision to acquit the appellant – Damage allegedly sustained as a result of the unlawful conduct of the European Centre for the Development of Vocational Training (Cedefop) during the national criminal proceedings – Rejection of the claim for damages brought by the appellant – Action for annulment and for damages – Article 41(1) of the Charter of Fundamental Rights of the European Union – Requirement of impartiality – Conflict of interests – Article 48(1) of the Charter of Fundamental Rights – Presumption of innocence – Principle of sincere cooperation – Annulment of the contested decision in part
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Judgment of the Court (First Chamber) of 11 January 2024 ECLI:EU:C:2024:5 |
Case C-634/23 P(I) BonSens.org v Commission
Appeal – Intervention – Access to documents – Regulation (EC) No 1049/2001 – Correspondence between the President of the European Commission and the chief executive officer of an undertaking – Refusal to grant access – Action for annulment – Interest in the result of the case – Association party to proceedings before national courts
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Order of the Vice-President of the Court of 11 January 2024 ECLI:EU:C:2024:43 |
Case C-647/23 P(I) EISi v Commission
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Order of the Vice-President of the Court of 11 January 2024 ECLI:EU:C:2024:37 |
Case C-488/23 mBank v KŁ and JŁ
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Unfair terms in consumer contracts – Directive 93/13/EEC – Article 6(1) and Article 7(1) – Mortgage loan agreement indexed to a foreign currency – Effects of the annulment of that agreement in its entirety – Judicial adjustment of the payment corresponding to the capital made available
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Order of the Court (Ninth Chamber) of 12 January 2024 ECLI:EU:C:2024:45 |
Case C-575/22 P-REV Hochmann Marketing v EUIPO
Application for revision – Article 159 of the Rules of Procedure of the Court – Application regarding an order made pursuant to Article 170a(3) of the Rules of Procedure – Conditions – No unknown earlier facts – Manifest inadmissibility
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Order of the Court (Sixth Chamber) of 17 January 2024 ECLI:EU:C:2024:48 |
Case C-500/23 P Groupe Canal+ v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 18 January 2024 ECLI:EU:C:2024:67 |
Case C-389/22 GC and Others v Croce Rossa Italiana and Others
Reference for a preliminary ruling – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Exceptions to that obligation – Criteria – Situations in which the correct interpretation of EU law is so obvious as to leave no scope for any reasonable doubt – Condition related to the national court or tribunal of last instance being convinced that the matter would be equally obvious to the other courts or tribunals of last instance of the Member States and to the Court of Justice – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 2 and 3 – Concept of ‘fixed-term worker’ – Members of the military corps of the Italian Red Cross – Clause 5 – Measures seeking to prevent and, where relevant, punish abuse arising from the use of successive fixed-term employment contracts or relationships – Conversion of the status of ‘fixed-term workers’ into that of ‘permanent workers’ – Clause 4 – Principle of non-discrimination
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Judgment of the Court (Sixth Chamber) of 25 January 2024 ECLI:EU:C:2024:77 |
Case C-553/23 P CEDC International v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 25 January 2024 ECLI:EU:C:2024:93 |
Case C-580/22 P bonnanwalt v EUIPO
Appeal – EU trade mark – Invalidity proceedings – Word mark tagesschau – Partial revocation – Representation by a lawyer – Independence requirement
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Judgment of the Court (Eighth Chamber) of 30 January 2024 ECLI:EU:C:2024:101 |
Case C-522/23 P NO v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – State aid – Obligation imposed on a solicitor to transfer fees to a competitor – Decision of the European Commission finding that the measure in question does not constitute State aid – Action for annulment in part manifestly inadmissible and in part manifestly unfounded – Appeal in part manifestly inadmissible and in part manifestly unfounded
Case C-614/23 P Schneider v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170(b) of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 30 January 2024 ECLI:EU:C:2024:102 |
February 2024
Case C-251/22 P Scania and Others v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Truck market – Decision finding an infringement of Article 101 TFEU and of Article 53 of the Agreement on the European Economic Area (EEA) – Agreements and concerted practices in relation to the prices of trucks, the timing for the introduction of emission technologies required by Euro 3 to Euro 6 standards and the passing on of the costs of those technologies to customers – Single and continuous infringement – Geographic scope of that infringement – ‘Hybrid procedure’ leading successively to the adoption of a settlement decision and a decision at the end of a standard procedure – Article 41 of the Charter of Fundamental Rights of the European Union – Right to good administration – Impartiality of the European Commission – Assessment of the geographic scope of a concerted practice – Relevant evidence – Classification of a series of acts as a ‘single and continuous infringement’ – Regulation (EC) No 1/2003 – Article 25 – Power of the Commission to impose a fine – Limitation
Language of the case: English
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Judgment of the Court (Tenth Chamber) of 1 February 2024
ECLI:EU:C:2024:103 |
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Case C-750/21 P Pilatus Bank v ECB
Appeal – Economic and monetary policy – Prudential supervision of credit institutions – Tasks of the European Central Bank (ECB) – Regulation (EU) No 1024/2013 – Article 6(5)(b) – Supervision of a credit institution directly by the ECB – Conditions – Action for annulment – Inadmissibility – Representation of a party – Authority to act granted to the lawyer – Representative not lawfully provided with authority to act
Language of the case: English
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Opinion of Advocate General Kokott delivered on 25 May 2023
ECLI:EU:C:2023:431 |
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Judgment of the Court (Second Chamber) of 8 February 2024
ECLI:EU:C:2024:124 |
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Case C-216/22 A. A. v Bundesrepublik Deutschland (Admissibility of a subsequent application)
Reference for a preliminary ruling – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 33(2)(d) and Article 40(2) and (3) – Subsequent application – Conditions for rejecting such an application as inadmissible – Concept of ‘new elements or findings’ – Judgment of the Court on a question of interpretation of EU law – Article 46 – Right to an effective remedy – Jurisdiction of the national court or tribunal to rule on such an application on the merits in the event of illegality of the decision rejecting an application as inadmissible – Procedural safeguards – Article 14(2)
Request for a preliminary ruling from the Verwaltungsgericht Sigmaringen
Language of the case: German
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Opinion of Advocate General Emiliou delivered on 7 September 2023
ECLI:EU:C:2023:646 |
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Judgment of the Court (Grand Chamber) of 8 February 2024
ECLI:EU:C:2024:122 |
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Case C-566/22 Inkreal v Dúha reality
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Scope – Article 25 – Agreement conferring jurisdiction – Parties to a contract established in the same Member State – Jurisdiction of the courts of another Member State to settle disputes arising from that contract – International element
Request for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
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Opinion of Advocate General Richard de la Tour delivered on 12 October 2023
ECLI:EU:C:2023:768 |
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Judgment of the Court (First Chamber) of 8 February 2024
ECLI:EU:C:2024:123 |
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Case C-733/22 Direktor na Direktsia ‘Obzhalvane i danachno-osiguritelna praktika’ – Sofia pri Tsentralno upravlenie na NAP v Valentina Heights
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 98 – Option for the Member States to apply a reduced rate of VAT to certain supplies of goods and services – Annex III, point 12 – Reduced rate of VAT applicable to accommodation provided in hotels and similar establishments – Application of that rate only to accommodation facilities with a categorisation certificate – Principle of fiscal neutrality
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Judgment of the Court (Seventh Chamber) of 8 February 2024
ECLI:EU:C:2024:126 |
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Case C-715/20 K.L. v X (Lack of reasons for termination)
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Difference in treatment in the event of dismissal – Termination of a fixed-term employment contract – No obligation to state the reasons for termination – Judicial review – Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Sąd Rejonowy dla Krakowa - Nowej Huty w Krakowie
Language of the case: Polish
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Opinion of Advocate General Pitruzzella delivered on 30 March 2023
ECLI:EU:C:2023:281 |
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Judgment of the Court (Grand Chamber) of 20 February 2024
ECLI:EU:C:2024:139 |
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Case C-283/21 VA v Deutsche Rentenversicherung Bund
Reference for a preliminary ruling – Social security for migrant workers – Regulation (EC) No 987/2009 – Article 44(2) – Scope – Pension for total incapacity for work – Calculation – Taking into account of child-raising periods completed in another Member State – Applicability – Article 21 TFEU – Free movement of citizens – Sufficient link between those child-raising periods and the periods of insurance completed in the Member State responsible for payment of the pension
Request for a preliminary ruling from the Landessozialgericht Nordrhein-Westfalen
Language of the case: German
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Opinion of Advocate General Emiliou delivered on 5 October 2023
ECLI:EU:C:2023:736 |
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Judgment of the Court (Second Chamber) of 22 February 2024
ECLI:EU:C:2024:144 |
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Case C-491/21 WA v Direcţia pentru Evidenţa Persoanelor şi Administrarea Bazelor de Date din Ministerul Afacerilor Interne
Reference for a preliminary ruling – Citizenship of the Union – Article 21(1) TFEU – Right to move and reside freely within the territory of the Member States – Article 45 of the Charter of Fundamental Rights of the European Union – Directive 2004/38/EC – Article 4 – Issuance of an identity card – Requirement of domicile in the Member State issuing the document – Refusal by the authorities of that Member State to issue an identity card to one of its nationals domiciled in another Member State – Equal treatment – Restrictions – Justification
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
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Opinion of Advocate General Szpunar delivered on 27 April 2023
ECLI:EU:C:2023:362 |
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Judgment of the Court (First Chamber) of 22 February 2024
ECLI:EU:C:2024:143 |
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Joined Cases C-701/21 P and C-739/21 P Mytilinaios v DEI and Commission and Commission v DEI
Appeal – State aid – Article 107 TFEU – Concept of ‘aid’ – Advantage – Private investor test – Arbitration award setting reduced electricity tariffs – Whether the arbitration award can be imputed to the State – Regulation (EU) 2015/1589 – Article 4(2) – Decision that the measure does not constitute aid
Language of the case: Greek
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Opinion of Advocate General Szpunar delivered on 7 September 2023
ECLI:EU:C:2023:650 |
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Judgment of the Court (Fourth Chamber) of 22 February 2024
ECLI:EU:C:2024:146 |
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Case C-54/22 P Romania v Commission
Appeal – Law governing the institutions – European Citizens’ Initiative – Regulation (EU) No 211/2011 – Registration of a proposed citizens’ initiative – Article 4(2)(b) – Proposed citizens’ initiative not falling manifestly outside the framework of the European Commission’s powers to submit a proposal for a legal act of the European Union for the purpose of implementing the Treaties – Burden of proof – Power of the Commission to proceed with partial registration
Language of the case: Romanian
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Opinion of Advocate General Emiliou delivered on 5 October 2023
ECLI:EU:C:2023:744 |
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Judgment of the Court (Ninth Chamber) of 22 February 2024
ECLI:EU:C:2024:164 |
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Joined Cases C-59/22, C-110/22 and C-159/22 MP and Others v Consejería de Presidencia, Justicia e Interior de la Comunidad de Madrid and Others
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Fixed-term employment contracts in the public sector – Staff having non-permanent contracts of indefinite duration – Clauses 2 and 3 – Scope – Concept of ‘fixed-term worker’ – Clause 5 – Measures to prevent and penalise the abuse of successive fixed-term employment contracts or relationships – Equivalent legal measures
Requests for a preliminary ruling from the Tribunal Superior de Justicia de Madrid
Language of the case: Spanish
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Judgment of the Court (Sixth Chamber) of 22 February 2024
ECLI:EU:C:2024:149 |
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Case C-311/22 Anklagemyndigheden v PO and Moesgaard Meat 2012
Reference for a preliminary ruling – Environment – Directive 2010/75/EU – Integrated pollution prevention and control – Article 10 – Annex I, point 6.4(a) – Operating slaughterhouses with a carcass production capacity greater than 50 tonnes per day – Concepts of ‘carcass’ and ‘production capacity per day’ – Slaughterhouse without a permit – Actual production must be taken into account
Request for a preliminary ruling from the Højesteret
Language of the case: Danish
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Opinion of Advocate General Kokott delivered on 29 June 2023
ECLI:EU:C:2023:534 |
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Judgment of the Court (Second Chamber) of 22 February 2024
ECLI:EU:C:2024:145 |
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Case C-589/22 J.L.O.G. and J.J.O.P. v Resorts Mallorca Hotels International
Reference for a preliminary ruling – Social policy – Collective redundancies – Directive No 98/59/EC – Paragraph 2(1) – Point at which the obligation to provide information and hold consultations arises – Number of actual or projected redundancies – Article 1(1) – Voluntary terminations of employment contracts before redundancies – Method for calculating the number of redundancies
Request for a preliminary ruling from the Tribunal Superior de Justicia de las Islas Baleares
Language of the case: Spanish
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Judgment of the Court (Seventh Chamber) of 22 February 2024
ECLI:EU:C:2024:155 |
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Case C-649/22 XXX v Randstad Empleo and Others
Reference for a preliminary ruling – Social policy – Directive No 2008/104/EC – Temporary agency work – Article 5(1) – Principle of equal treatment – Article 3(1)(f) – Concept of ‘basic working and employment conditions applicable to temporary agency workers’ – Concept of ‘pay’ – Compensation payable in respect of the total permanent incapacity of a temporary agency worker to carry out his or her usual occupation as a result of an accident at work which occurred during his or her assignment
Request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco
Language of the case: Spanish
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Judgment of the Court (Sixth Chamber) of 22 February 2024
ECLI:EU:C:2024:156 |
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Case C-660/22 Ente Cambiano società cooperativa per azioni v Agenzia delle Entrate
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Directive 2008/7/EC – Cooperative credit banks having net assets above a certain threshold – National legislation obliging those banks to pay an amount equal to 20 % of those net assets in order to transfer their banking business to a public limited company in exchange for securities of that company – Article 94(c) of the Rules of Procedure of the Court of Justice – Requirement to provide reasons justifying the need for an answer from the Court – Purely internal situation – Inadmissibility
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Judgment of the Court (Sixth Chamber) of 22 February 2024
ECLI:EU:C:2024:152 |
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Case C-661/22 ABC Projektai v Lietuvos bankas
Reference for a preliminary ruling – Payment services in the internal market – Directive (EU) 2015/2366 – Article 4(3) and (5) – Payment service or payment transaction – Directive 2009/110/EC – Article 2(2) – Issuance of electronic money – Holding of customer funds by a payment institution without a specific payment order – Classification
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 5 October 2023
ECLI:EU:C:2023:742 |
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Judgment of the Court (Fifth Chamber) of 22 February 2024
ECLI:EU:C:2024:148 |
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Case C-674/22 Gemeente Dinkelland v Ontvanger van de Belastingdienst/Grote ondernemingen, kantoor Zwolle
Reference for a preliminary ruling – Taxes levied in breach of EU law – Obligation to refund value added tax (VAT) and to pay interest on that amount – Refund resulting from errors made in the taxable person’s accounts – Refund resulting from the retroactive amendment of the detailed rules for calculating the deductible VAT relating to the taxable person’s general costs
Request for a preliminary ruling from the Rechtbank Gelderland
Language of the case: Dutch
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Judgment of the Court (Fourth Chamber) of 22 February 2024
ECLI:EU:C:2024:147 |
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Case C-694/22 Commission v Malta (Taxation of second-hand vehicles)
Failure of a Member State to fulfil obligations – Article 110 TFEU – Annual circulation tax – Higher taxation of imported second-hand vehicles than of similar vehicles already on the domestic market
Language of the case: English
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Judgment of the Court (Seventh Chamber) of 22 February 2024
ECLI:EU:C:2024:158 |
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Case C-745/22 Micreos Food Safety v EFET
Reference for a preliminary ruling – Food safety – Specific hygiene rules for food of animal origin – Regulation (EC) No 853/2004 – Article 3(2) – Substance intended to remove surface contamination from products of animal origin – Definition – Contamination by the pathogenic bacterium Listeria monocytogenes – Substance intended to prevent surface contamination from products of animal origin and applied outside of slaughterhouses during the final stages of the production process – Placing on the market – Prior approval by the European Commission
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
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Judgment of the Court (Seventh Chamber) of 22 February 2024
ECLI:EU:C:2024:160 |
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Case C-81/23 MA v FCA Italy and FPT Industrial
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Point 2 of Article 7 – Special jurisdiction in tort, delict or quasi-delict – Place where the damage occurred – Use on a vehicle of a defeat device that reduces the effectiveness of emission control systems – Contract for the sale of that vehicle concluded in a Member State other than the State in which the purchaser is domiciled and in which the manufacturer has its seat – Delivery of that vehicle and normal use of it in the Member State in which the purchaser is domiciled
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Judgment of the Court (Ninth Chamber) of 22 February 2024
ECLI:EU:C:2024:165 |
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Case C-85/23 Landkreis Jerichower Land v A.
Reference for a preliminary ruling – Public health – Health rules applicable to animal by-products and derived products not intended for human consumption – Regulation (EC) No 1069/2009 – Approval – Article 24(1)(i) – Concept of ‘storage of animal by-products’ – Interruption of a transport operation for up to eight hours
Request for a preliminary ruling from the Oberverwaltungsgericht des Landes Sachsen-Anhalt
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 22 February 2024
ECLI:EU:C:2024:161 |
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Case C-125/23 Association Unedic v V and Others
Reference for a preliminary ruling – Social policy – Protection of employees in the event of the insolvency of their employer – Directive 2008/94/EC – Employees’ outstanding salary claims resulting from contracts of employment or employment relationships taken over by guarantee institutions – Exclusion in the event of a declaration terminating the employment contract by the employee
Request for a preliminary ruling from the Cour d'appel d'Aix-en-Provence
Language of the case: French
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Judgment of the Court (Seventh Chamber) of 22 February 2024
ECLI:EU:C:2024:163 |
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Case C-382/21 P EUIPO v The KaiKai Company Jaeger Wichmann
Appeal – Intellectual property – Community designs – Patent Cooperation Treaty (PCT) – Agreement on Trade-Related Aspects of Intellectual Property Rights – Paris Convention for the Protection of Industrial Property – Article 4 – Regulation (EC) No 6/2002 – Article 41 – Application for registration of a Community design – Right of priority – Priority claim based on an international application filed under the PCT – Time period – Interpretation consistent with Article 4 of that convention – Limits
Language of the case: German
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Opinion of Advocate General Ćapeta delivered on 13 July 2023
ECLI:EU:C:2023:576 |
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Judgment of the Court (Grand Chamber) of 27 February 2024
ECLI:EU:C:2024:172 |
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Case C-606/21 Doctipharma v UDGPO and Pictime Coreyre
Reference for a preliminary ruling – Medicinal products for human use – Directive 2001/83/EC – Article 85c – Scope – Distance selling to the general public of medicinal products – Medicinal products for human use not subject to compulsory medical prescription – Persons authorised or entitled to engage in distance selling to the general public of medicinal products – Power of the Member States to impose conditions, justified by the protection of public health, on the retailing, on their territory, of medicinal products sold online – Information society services – Directive 98/34/EC – Directive (EU) 2015/1535 – Service connecting pharmacists and customers for the online sale of medicinal products
Request for a preliminary ruling from the Cour d'appel de Paris
Language of the case: French
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Opinion of Advocate General Szpunar delivered on 13 July 2023
ECLI:EU:C:2023:585 |
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Judgment of the Court (Second Chamber) of 29 February 2024
ECLI:EU:C:2024:179 |
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Case C-222/22 Bundesamt für Fremdenwesen und Asyl v JF (Subsequent religious conversion)
Reference for a preliminary ruling – Area of freedom, security and justice – Asylum policy – Directive 2011/95/EU – Standards for the qualification as beneficiaries of international protection – Content of that protection – Article 5 – International protection needs arising sur place – Subsequent application for recognition of refugee status – Article 5(3) – Concept of ‘circumstances which the applicant has created by his or her own decision since leaving the country of origin’ – Abusive intent and abuse of the applicable procedure – Activities in the host Member State not constituting the expression and continuation of convictions or orientations held in the country of origin – Religious conversion
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 15 June 2023
ECLI:EU:C:2023:485 |
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Judgment of the Court (Third Chamber) of 29 February 2024
ECLI:EU:C:2024:192 |
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Case C-299/22 M. D. v Tez Tour
Reference for a preliminary ruling – Package travel and linked services – Directive (EU) 2015/2302 – Article 12(2) – Right of a traveller to terminate a package travel contract without paying a termination fee – Unavoidable and extraordinary circumstances – Spread of COVID-19 – No official recommendation against travel – Consideration of personal circumstances relating to the individual situation of the traveller concerned – Consequences significantly affecting the performance of the package or the carriage of passengers to the destination – Circumstances existing or foreseeable on the date of conclusion of the package travel contract concerned – Possibility of taking into account consequences occurring at the place of departure or return as well as at other places
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
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Opinion of Advocate General Medina delivered on 21 September 2023
ECLI:EU:C:2023:696 |
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Judgment of the Court (Second Chamber) of 29 February 2024
ECLI:EU:C:2024:181 |
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Case C-314/22 Consortium Remi Group v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Derogation provided for in Article 90(2) – Taxable amount – Reduction of the taxable amount – Total or partial non-payment of the price – Limitation period regarding applications for a subsequent reduction in the taxable amount of VAT – Date from which the limitation period begins to run – Taxable person’s entitlement to interest
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Opinion of Advocate General Kokott delivered on 7 September 2023
ECLI:EU:C:2023:656 |
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Judgment of the Court (Tenth Chamber) of 29 February 2024
ECLI:EU:C:2024:183 |
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Case C-392/22 X v Staatssecretaris van Justitie en Veiligheid (Mutual trust in the event of transfer)
Reference for a preliminary ruling – Common policy on asylum and immigration – Application for international protection – Charter of Fundamental Rights of the European Union – Article 4 – Risks of inhuman or degrading treatment – Criteria and mechanisms for determining the Member State responsible for examining the application for international protection – Regulation (EU) No 604/2013 – Article 3(2) – Scope of the obligations of the Member State which has sought to have the applicant taken back by the Member State responsible and wishes to transfer the applicant to the latter Member State – Principle of mutual trust – Evidence and standard of proof of the real risk of inhuman or degrading treatment, resulting from systemic flaws – Practices of pushback to a third country and detention at border control posts
Request for a preliminary ruling from the rechtbank Den Haag, zittingsplaats 's-Hertogenbosch
Language of the case: Dutch
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Opinion of Advocate General Richard de la Tour delivered on 13 July 2023
ECLI:EU:C:2023:593 |
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Judgment of the Court (Fourth Chamber) of 29 February 2024
ECLI:EU:C:2024:195 |
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Case C-437/22 R.M. and E.M. v Eesti Vabariik (Põllumajanduse Registrite ja Informatsiooni Amet)
Reference for a preliminary ruling – Agriculture – Common agricultural policy – Support for rural development by the European Agricultural Fund for Rural Development (EAFRD) – Protection of the financial interests of the European Union – Regulation (EC, Euratom) No 2988/95 – Article 7 – Administrative measures and penalties – Regulation No 1306/2013 – Articles 54 and 56 – Delegated Regulation (EU) No 640/2014 – Article 35 – Recovery of sums unduly paid to persons who have taken part in the irregularity – Concept of ‘beneficiary’
Request for a preliminary ruling from the Riigikohus
Language of the case: Estonian
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Opinion of Advocate General Pitruzzella delivered on 26 October 2023
ECLI:EU:C:2023:818 |
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Judgment of the Court (First Chamber) of 29 February 2024
ECLI:EU:C:2024:176 |
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Case C-466/22 V.B. Trade v Direktor na Direktsia 'Obzhalvane i danachno-osiguritelna praktika' – Veliko Tarnovo
Reference for a preliminary ruling – Internal market – Electronic identification and trust services for electronic transactions – Regulation (EU) No 910/2014 – Article 25 – Electronic signatures – Legal effect and evidential value in legal proceedings – Concept of ‘qualified electronic signature’
Request for a preliminary ruling from the Administrativen sad Veliko Tarnovo
Language of the case: Bulgarian
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Judgment of the Court (Tenth Chamber) of 29 February 2024
ECLI:EU:C:2024:185 |
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Case C-549/22 X v Raad van bestuur van de Sociale verzekeringsbank (Transfer of survivors' benefits)
Reference for a preliminary ruling – EC-Algeria Association Agreement – Social security for Algerian migrant workers and their survivors – Transfer of benefits to Algeria at the rates applied by virtue of the legislation of the debtor Member State – Survivors’ benefit – National legislation applying the country-of-residence principle – Residence clause involving a reduction in the amount of survivors’ benefit for recipients residing in Algeria
Request for a preliminary ruling from the Centrale Raad van Beroep
Language of the case: Dutch
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Opinion of Advocate General Collins delivered on 12 October 2023
ECLI:EU:C:2023:769 |
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Judgment of the Court (Second Chamber) of 29 February 2024
ECLI:EU:C:2024:184 |
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Case C-584/22 QM v Kiwi Tours
Reference for a preliminary ruling – Package travel and linked services – Directive (EU) 2015/2302 – Article 12(2) – Right of a traveller to terminate a package travel contract without paying a termination fee – Unavoidable and extraordinary circumstances – Spread of COVID-19 – Consequences significantly affecting the performance of the package or the carriage of passengers to the destination – Foreseeability of the occurrence of those consequences at the date of the declaration of termination – Events occurring after the termination date but before the start of the package
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Medina delivered on 21 September 2023
ECLI:EU:C:2023:698 |
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Judgment of the Court (Second Chamber) of 29 February 2024
ECLI:EU:C:2024:188 |
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Case C-676/22 B2 Energy v Odvolací finanční ředitelství
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 138(1) – Exemption in respect of intra-Community supplies of goods – Refusal to grant the exemption – Evidence – Supplier of goods not proving delivery of the goods to the recipient indicated in the tax documents – Supplier submitting other information proving that the actual recipient has the status of taxable person
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
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Judgment of the Court (Tenth Chamber) of 29 February 2024
ECLI:EU:C:2024:186 |
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Case C-724/22 Investcapital v G.H.R.
Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Principle of effectiveness of EU law – Revolving credit agreement – Order for payment procedure – Review of the court’s own motion of whether contractual terms are unfair in the course of that procedure – Enforcement of the procedural decision terminating that procedure – Loss, due to a time-bar, of the possibility of raising the unfairness of a contractual term at the stage of enforcement of the order for payment – Power of review of the national court
Request for a preliminary ruling from the Juzgado de Primera Instancia de León
Language of the case: Spanish
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Judgment of the Court (Ninth Chamber) of 29 February 2024
ECLI:EU:C:2024:182 |
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Case C-11/23 Eventmedia Soluciones v Air Europa Líneas Aéreas
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(1) and (3) – Article 7(1) – Compensation to air passengers in the event of cancellation of flights – Nature and basis of the right to compensation – Transfer to a company of the passengers’ claim against the air carrier – Contractual clause that prohibits such a transfer – Article 15 – Exclusion of waiver
Request for a preliminary ruling from the Juzgado de lo Mercantil de Palma de Mallorca
Language of the case: Spanish
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Judgment of the Court (Third Chamber) of 29 February 2024
ECLI:EU:C:2024:194 |
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Case C-13/23 cdVet Naturprodukte v LA-VES
Reference for a preliminary ruling – Food safety – Feed additives – Regulation (EC) No 1831/2003 – Authorisation procedure – Ban on placing on the market without authorisation – Status of existing products – Validity in the light of the Charter of Fundamental Rights of the European Union – Freedom to conduct a business – Right to property – Principle of proportionality – Implementing Regulation (EU) 2021/758 – Withdrawal from the market of grapefruit extract – Feedingstuffs containing grapefruit seed and grapefruit peel extract
Request for a preliminary ruling from the Verwaltungsgericht Osnabrück
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 29 February 2024
ECLI:EU:C:2024:175 |
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Information (on unpublished decisions)
Case C-597/23 P Apart v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 2 February 2024 ECLI:EU:C:2024:109 |
Case C-598/23 P Apart v EUIPO
Appeal – EU trade mark – Cancellation proceedings – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 2 February 2024 ECLI:EU:C:2024:110 |
Case C-604/23 P(R) Mylan Ireland v Commission
Appeal – Interim relief – Medicinal product for human use – Marketing authorisation – Extension of the marketing protection period – No urgency
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Order of the Vice-President of the Court of 2 February 2024 ECLI:EU:C:2024:117 |
Case C-607/23 P(R) Neuraxpharm Pharmaceuticals v Commission
Appeal – Interim relief – Medicinal product for human use – Marketing authorisation – Extension of the marketing protection period – No urgency
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Order of the Vice-President of the Court of 2 February 2024 ECLI:EU:C:2024:113 |
Case C-608/23 P(R) Zakłady Farmaceutyczne Polpharma v Commission
Appeal – Interim relief – Medicinal product for human use – Marketing authorisation – Extension of the marketing protection period – No urgency
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Order of the Vice-President of the Court of 2 February 2024 ECLI:EU:C:2024:115 |
Case C-609/23 P(R) Zentiva and Zentiva Pharma v Commission
Appeal – Interim relief – Medicinal product for human use – Marketing authorisation – Extension of the marketing protection period – No urgency
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Order of the Vice-President of the Court of 2 February 2024 ECLI:EU:C:2024:114 |
Case C-377/23 DC v Autoridade Tributária e Aduaneira
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Order of the Court (Seventh Chamber) of 5 February 2024 ECLI:EU:C:2024:133 |
Case C-399/23 MB v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Vehicle tax – Second-hand vehicles from other Member States – Percentage reductions linked to depreciation – Calculation on the basis of a cubic capacity component and an environmental component – Application of different reduction percentages to each component of the tax
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Order of the Court (Eighth Chamber) of 6 February 2024 ECLI:EU:C:2024:134 |
Case C-425/23 Proceedings brought by Profi Credit Bulgaria and Others
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Order of the Court (Ninth Chamber) of 6 February 2024 ECLI:EU:C:2024:112 |
Case C-498/23 P AL v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Official – Remuneration – Investigation of the European Anti-Fraud Office (OLAF) – Family allowances – Dependent child allowances – Article 2(4) of Annex VII to the Staff Regulations of Officials of the European Union – Person treated as a dependent child – Person whom the official has a legal responsibility to maintain and whose maintenance involves heavy expenditure – Conditions for granting – Withdrawal of entitlement to the allowance – Recovery of overpaid sums under Article 85 of the Staff Regulations – Action for annulment – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Seventh Chamber) of 6 February 2024 ECLI:EU:C:2024:204 |
Case C-691/23 P Groz-Beckert v EUIPO
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Order of the Court (Chamber determining whether appeals may proceed) of 7 February 2024 ECLI:EU:C:2024:166 |
Case C-162/20 P-DEP WV v EEAS
Taxation of costs
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Order of the Court (Sixth Chamber) of 8 February 2024 ECLI:EU:C:2024:208 |
Case C-171/20 P-DEP EEAS v WV
Taxation of costs
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Order of the Court (Sixth Chamber) of 8 February 2024 ECLI:EU:C:2024:206 |
Case C-172/20 P-DEP EEAS v WV
Taxation of costs
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Order of the Court (Sixth Chamber) of 8 February 2024 ECLI:EU:C:2024:207 |
Case C-514/22 P Tirrenia di navigazione v Commission
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Order of the Court (Sixth Chamber) of 8 February 2024 ECLI:EU:C:2024:137 |
Case C-515/22 P Tirrenia di navigazione v Commission
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Order of the Court (Sixth Chamber) of 8 February 2024 ECLI:EU:C:2024:138 |
Joined Cases C-449/23 and C-450/23 OR and Others v Getin Noble Bank
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Order of the Court (Eighth Chamber) of 19 February 2024 ECLI:EU:C:2024:170 |
Case C-651/23 P Balaban v EUIPO
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Order of the Court (Chamber determining whether appeals may proceed) of 19 February 2024 ECLI:EU:C:2024:140 |
Case C-34/23 RF v Getin Noble Bank
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Recovery and resolution of credit institutions – Power to restrict the enforcement of security interests – Provision for interpretation bearing no relation to the purpose of the main action – Manifest inadmissibility
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Order of the Court (Ninth Chamber) of 20 February 2024 ECLI:EU:C:2024:203 |
Case C-384/23 P Clínicas Dental Arquimbau and Others v Juzgado de lo Mercantil nº 9
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Order of the Court (Ninth Chamber) of 23 February 2024 ECLI:EU:C:2024:169 |
Case C-707/23 P Breville v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 23 February 2024 ECLI:EU:C:2024:168 |
Case C-797/22 P Greece v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – State aid – Activities linked to the production, processing and marketing of agricultural products – Damage caused by fires – State aid schemes established by the Hellenic Republic in the form of interest subsidies and State guarantees – Decision declaring the aid schemes unlawful and incompatible with the internal market – Aid limited to affected geographical areas – Economic advantage – Selective nature – Order for recovery of the aid – Exceptional circumstances – Proportionality
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Order of the Court (Sixth Chamber) of 28 February 2024 ECLI:EU:C:2024:174 |
Case C-679/22 Commission v Ireland (Audiovisual media services)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2018/1808 – Provision of audiovisual media services – Failure to transpose and to communicate transposition measures – Article 260(3) TFEU – Application for an order to pay a lump sum and a penalty payment
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Judgment of the Court (Ninth Chamber) of 29 February 2024 ECLI:EU:C:2024:178 |
Case C-688/22 P Methanol Holdings (Trinidad) v Commission
Appeal – Dumping – Implementing Regulation (EU) 2019/1688 – Imports of mixtures of urea and ammonium nitrate originating in Russia, Trinidad and Tobago and the United States of America – Definitive anti-dumping duty – Regulation (EU) 2016/1036 – Definitive collection of the provisional duties – Hierarchy between the calculation methods – Calculation of the undercutting margin
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Judgment of the Court (Ninth Chamber) of 29 February 2024 ECLI:EU:C:2024:180 |
Case C-95/23 P Euranimi v Commission
Appeal – Dumping – Imports of stainless steel cold-rolled flat products originating in China and Taiwan – Definitive anti-dumping duties – Action for annulment – Association representing the interests of importers – Regulatory act entailing implementing measures
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Judgment of the Court (Seventh Chamber) of 29 February 2024 ECLI:EU:C:2024:177 |
March 2024
Case C-234/21 Défense Active des Amateurs d’Armes and Others v Conseil des ministres
Reference for a preliminary ruling – Approximation of laws – Directive 91/477/EEC – Control of the acquisition and possession of weapons – Firearms prohibited or subject to authorisation – Semi-automatic firearms – Directive 91/477, as amended by Directive (EU) 2017/853 – Article 7(4a) – Power of Member States to confirm, renew or prolong authorisations – Presumed impossibility of using that power in respect of semi-automatic firearms converted to fire blanks or into salute or acoustic weapons – Validity – Article 17(1) and Articles 20 and 21 of the Charter of Fundamental Rights of the European Union – Principle of the protection of legitimate expectations
Request for a preliminary ruling from the Cour constitutionnelle
Language of the case: French
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 24 November 2022
ECLI:EU:C:2022:929 |
|
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 7 September 2023
ECLI:EU:C:2023:644 |
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Judgment of the Court (Grand Chamber) of 5 March 2024
ECLI:EU:C:2024:200 |
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Case C-588/21 P Public.Resource.Org and Right to Know v Commission and Others
Appeal – Access to documents of the institutions of the European Union – Regulation (EC) No 1049/2001 – Article 4(2) – Exceptions – Refusal to grant access to a document whose disclosure would undermine the protection of commercial interests of a natural or legal person, including intellectual property – Overriding public interest in disclosure – Harmonised standards adopted by the European Committee for Standardisation (CEN) – Protection deriving from copyright – Principle of the rule of law – Principle of transparency – Principle of openness – Principle of good governance
Language of the case: English
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Opinion of Advocate General Medina delivered on 22 June 2023
ECLI:EU:C:2023:509 |
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Judgment of the Court (Grand Chamber) of 5 March 2024
ECLI:EU:C:2024:201 |
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Case C-755/21 P Kočner v Europol
Appeal – Law enforcement cooperation – Regulation (EU) 2016/794 – Article 49(3) and Article 50 – Protection of personal data – Unlawful data processing – Criminal proceedings brought in Slovakia against the appellant – Expert’s report drawn up by the European Union Agency for Law Enforcement Cooperation (Europol) for the purposes of the investigation – Retrieval of data from a mobile phone and a USB storage device belonging to the appellant – Disclosure of those data – Non-material damage – Actions for damages – Nature of non-contractual liability
Language of the case: Slovak
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Opinion of Advocate General Rantos delivered on 15 June 2023
ECLI:EU:C:2023:481 |
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Judgment of the Court (Grand Chamber) of 5 March 2024
ECLI:EU:C:2024:202 |
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Case C-234/22 Roheline Kogukond and Others v Keskkonnaagentuur
Reference for a preliminary ruling – Environment – Aarhus Convention – Directive 2003/4/EC – Right of access to environmental information – Exceptions – Data relating to the location of permanent sample plots used to draw up a forest inventory
Request for a preliminary ruling from the Tallinna Halduskohus
Language of the case: Estonian
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Opinion of Advocate General Kokott delivered on 14 September 2023
ECLI:EU:C:2023:680 |
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Judgment of the Court (Fourth Chamber) of 7 March 2024
ECLI:EU:C:2024:211 |
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Case C-341/22 Feudi di San Gregorio Aziende Agricole v Agenzia delle Entrate
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Right to deduct VAT – Concept of taxable person – Principle of fiscal neutrality – Principle of proportionality – Non-operating company – National legislation denying the right of deduction, refund or offsetting of input VAT
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Opinion of Advocate General Collins delivered on 28 September 2023
ECLI:EU:C:2023:719 |
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Judgment of the Court (Third Chamber) of 7 March 2024
ECLI:EU:C:2024:210 |
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Case C-479/22 P OC v Commission
Appeal – Actions for damages – Non-contractual liability of the European Union – Alleged unlawful conduct of the European Anti-Fraud Office (OLAF) – Press release from OLAF – Protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies – Regulation (EU) 2018/1725 – Article 3, point 1 – Concepts of ‘personal data’ and of ‘identifiable natural person’ – Investigations conducted by OLAF – Regulation (EU, Euratom) No 883/2013 – Presumption of innocence – Right to good administration
Language of the case: Greek
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Judgment of the Court (Sixth Chamber) of 7 March 2024
ECLI:EU:C:2024:215 |
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Case C-558/22 ARERA v Fallimento Esperia and GSE
Reference for a preliminary ruling – National support scheme providing for the award of tradable green certificates to national producers of electricity from renewable energy sources – Import of electricity produced from renewable energy sources in another Member State – Obligation to purchase green certificates – Penalty – Exemption – Directive 2001/77/EC – Directive 2009/28/EC – Support scheme – Guarantees of origin – Free movement of goods – Articles 18, 28, 30, 34 and 110 TFEU – State aid – Articles 107 and 108 TFEU – State resources – Selective advantage
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Second Chamber) of 7 March 2024
ECLI:EU:C:2024:209 |
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Case C-582/22 Die Länderbahn and Others v Bundesrepublik Deutschland
Reference for a preliminary ruling – Rail transport – Directive 2012/34/EU – Access to railway infrastructure – Charges – Article 56 – Single national regulatory body for the railway sector – Powers – Review of the infrastructure charges whose period of application has expired – Power to declare invalidity with effect ex tunc and to order the reimbursement of charges
Request for a preliminary ruling from the Verwaltungsgericht Köln
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 21 September 2023
ECLI:EU:C:2023:701 |
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Judgment of the Court (Fourth Chamber) of 7 March 2024
ECLI:EU:C:2024:213 |
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Case C-604/22 IAB Europe v Gegevensbeschermingsautoriteit
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Standard-setting sectoral organisation proposing to its members rules on the processing of users’ consent – Article 4(1) – Concept of ‘personal data’ – String of letters and characters capturing, in a structured and machine-readable manner, the preferences of an internet user relating to the consent of that user to the processing of his or her personal data – Article 4(7) – Concept of ‘controller’ – Article 26(1) – Concept of ‘joint controllers’ – Organisation which does not itself have access to the personal data processed by its members – Responsibility of the organisation extending to the subsequent processing of data carried out by third parties
Request for a preliminary ruling from the Hof van beroep te Brussel
Language of the case: Dutch
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Judgment of the Court (Fourth Chamber) of 7 March 2024
ECLI:EU:C:2024:214 |
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Case C-740/22 Endemol Shine Finland
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Articles 2, 4, 6, 10 and 86 – Data held by a court relating to the criminal convictions of a natural person – Oral disclosure of such data to a commercial company on account of a competition organised by that company – Concept of ‘processing of personal data’ – National legislation governing access to those data – Reconciliation between the right of public access to official documents and the protection of personal data
Request for a preliminary ruling from the Itä-Suomen hovioikeus
Language of the case: Finnish
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Judgment of the Court (Sixth Chamber) of 7 March 2024
ECLI:EU:C:2024:216 |
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Case C-291/22 P D & A Pharma v Commission and EMA
Appeal – Medicinal products for human use – Application for marketing authorisation – Independence of experts consulted by the Committee for Medicinal Products for Human Use (CHMP) of the European Medicines Agency (EMA) – Article 41 of the Charter of Fundamental Rights of the European Union – Right to good administration – Requirement of objective impartiality – Criteria for verifying the absence of conflict of interest – EMA’s policy on competing interests – Activities as a principal researcher, consultant or strategic adviser for the pharmaceutical industry – Rival products – Re-examination procedure – Regulation (EC) No 726/2004 – Article 56, Article 62, Article 63 – EMA Guidelines – Consultation of a scientific advisory group (SAG) or an ad hoc expert group
Language of the case: French
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Opinion of Advocate General Medina delivered on 7 September 2023
ECLI:EU:C:2023:651 |
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Judgment of the Court (Fourth Chamber) of 14 March 2024
ECLI:EU:C:2024:228 |
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Case C-336/22 f6 Cigarettenfabrik v Hauptzollamt Bielefeld
Reference for a preliminary ruling – Taxation – General arrangements for excise duty – Directive 2008/118/EC – Article 1(2) – Other indirect taxes on excise goods – Conditions for levying such a tax – Specific purpose pursued by the tax – Excise duty applied to manufactured tobacco – Directive 2011/64/EU – Article 14 – Taxation rules – Compliance with those rules by other indirect taxes on excise goods – Heated tobacco – National legislation establishing, for heated tobacco, a tax structure and tax rate differing from those applicable to ‘other smoking tobaccos’
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
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Opinion of Advocate General Rantos delivered on 28 September 2023
ECLI:EU:C:2023:718 |
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Judgment of the Court (Third Chamber) of 14 March 2024
ECLI:EU:C:2024:226 |
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Case C-429/22 VK v N1 Interactive
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Judicial cooperation in civil matters – Law applicable to contractual obligations – Regulation (EC) No 593/2008 – Article 6 – Consumer claiming payment of a sum of money allegedly won in an online casino – No choice of applicable law – Application of a law deemed to be more favourable rather than the law of the country of habitual residence of the consumer
Request for a preliminary ruling from the Oberlandesgericht Wien
Language of the case: German
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Order of the Court (Seventh Chamber) of 14 March 2024
ECLI:EU:C:2024:245 |
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Case C-439/22 Commission v Ireland (European Electronic Communications Code)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2018/1972 – European Electronic Communications Code – Failure to transpose and notify the transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum and a periodic penalty payment – Criteria for determining the amount of the penalty
Language of the case: English
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Judgment of the Court (Ninth Chamber) of 14 March 2024
ECLI:EU:C:2024:229 |
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Case C-449/22 Commission v Portugal (European Electronic Communications Code)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2018/1972 – European Electronic Communications Code – Failure to transpose and notify the transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum and a periodic penalty payment – Criteria for determining the amount of the penalty – Discontinuance in part
Language of the case: Portuguese
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Judgment of the Court (Ninth Chamber) of 14 March 2024
ECLI:EU:C:2024:230 |
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Case C-452/22 Commission v Poland (European Electronic Communications Code)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2018/1972 – European Electronic Communications Code – Failure to transpose and to notify transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum and a periodic penalty payment – Criteria for determining the amount of the penalty
Language of the case: Polish
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Judgment of the Court (Ninth Chamber) of 14 March 2024
ECLI:EU:C:2024:232 |
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Case C-454/22 Commission v Latvia (European Electronic Communications Code)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2018/1972 – European Electronic Communications Code – Failure to transpose and notify transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum and a penalty payment – Criteria for determining the amount of the penalty
Language of the case: Latvian
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Judgment of the Court (Ninth Chamber) of 14 March 2024
ECLI:EU:C:2024:235 |
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Case C-457/22 Commission v Slovenia (European Electronic Communications Code)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive (EU) 2018/1972 – European Electronic Communications Code – Failure to transpose and to notify transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum and a periodic penalty payment – Criteria for determining the amount of the penalty – Discontinuance in part
Language of the case: Slovene
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Judgment of the Court (Ninth Chamber) of 14 March 2024
ECLI:EU:C:2024:237 |
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Case C-516/22 Commission v United Kingdom (Judgment of the Supreme Court)
Failure of a Member State to fulfil obligations – Default procedure – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Article 127(1) – Transition period – Jurisdiction of the Court of Justice – Judgment of the Supreme Court of the United Kingdom – Enforcement of an arbitral award granting the payment of compensation – Decision of the European Commission declaring that that payment constitutes State aid which is incompatible with the internal market – Article 4(3) TEU – Sincere cooperation – Obligation to stay proceedings – First paragraph of Article 351 TFEU – International agreement between Member States and third countries concluded before the date of their accession to the European Union – Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) – Application of EU law – Article 267 TFEU – National court or tribunal adjudicating at last instance – Obligation to make a reference to the Court for a preliminary ruling – Article 108(3) TFEU – Suspension of implementation of the aid
Language of the case: English
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Opinion of Advocate General Emiliou delivered on 9 November 2023
ECLI:EU:C:2023:857 |
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Judgment of the Court (Fifth Chamber) of 14 March 2024
ECLI:EU:C:2024:231 |
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Case C-536/22 MW and CY v VR Bank Ravensburg-Weingarten
Reference for a preliminary ruling – Consumer protection – Directive 2014/17/EU – Article 25(3) – Credit agreements for consumers relating to residential immovable property – Early repayment – Compensation of the creditor – Loss of profit of the creditor – Method of calculating loss of profit
Request for a preliminary ruling from the Landgericht Ravensburg
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 28 September 2023
ECLI:EU:C:2023:721 |
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Judgment of the Court (Fifth Chamber) of 14 March 2024
ECLI:EU:C:2024:234 |
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Case C-576/22 Commission v Spain (Directive 91/676)
Failure of a Member State to fulfil obligations – Directive 91/676/EEC – Article 3(4) – Article 5(4) – Annex II(A)(2) and (5) – Annex II(B)(9) – Annex III(1)(2) and (3) and Annex III(2) – Article 5(5) – Protection of waters against pollution caused by nitrates from agricultural sources – Review of the list of nitrate vulnerable zones – Mandatory measures provided for in action programmes – Additional or reinforced measures
Language of the case: Spanish
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Judgment of the Court (Sixth Chamber) of 14 March 2024
ECLI:EU:C:2024:227 |
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Case C-752/22 EP v Maahanmuuttovirasto (Removal of a long-term resident)
Reference for a preliminary ruling – Immigration policy – Status of third-country nationals who are long-term residents – Directive 2003/109/EC – Articles 12 and 22 – Reinforced protection against expulsion – Applicability – Third-country national residing in the territory of a Member State other than the one which had granted him long-term resident status – Decision taken by that other Member State on grounds of public policy and public security to remove the person concerned to the Member State which had granted him that status – Temporary ban on entering the territory of that other Member State imposed by that other Member State – Breach of the obligation to apply to that other Member State for a residence permit in accordance with the provisions of Chapter III of Directive 2003/109 – Decision taken by that Member State on the same grounds to remove that third-country national to his country of origin
Request for a preliminary ruling from the Korkein hallinto-oikeus
Language of the case: Finnish
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Opinion of Advocate General Richard de la Tour delivered on 26 October 2023
ECLI:EU:C:2023:819 |
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Judgment of the Court (Second Chamber) of 14 March 2024
ECLI:EU:C:2024:225 |
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Case C-46/23 Budapest Főváros IV. Kerület Újpest Önkormányzat Polgármesteri Hivatala v Nemzeti Adatvédelmi és Információszabadság Hatóság
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 58(2)(d) and (g) – Powers of the supervisory authority of a Member State – Article 17(1) – Right to erasure (‘right to be forgotten’) – Erasure of unlawfully processed personal data – Power of the national supervisory authority to order the controller or processor to erase those data without a prior request from the data subject
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Judgment of the Court (Fifth Chamber) of 14 March 2024
ECLI:EU:C:2024:239 |
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Case C-37/23 Agenzia delle Entrate v PR
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Common system of value added tax (VAT) – Directive 2006/112/EC – Articles 2, 206 and 273 – Principle of fiscal neutrality – Reduction of the VAT payable by taxable persons affected by the earthquake of 6 April 2009 in the Abruzzo region
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Order of the Court (Eighth Chamber) of 18 March 2024
ECLI:EU:C:2024:271 |
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Case C-10/22 LEA v Jamendo
Reference for a preliminary ruling – Directive 2014/26/EU – Collective management of copyright and related rights – Collective management organisations – Independent management entities – Access to the activity of managing copyright and related rights – Directive 2000/31/EC – Material scope – Article 3(3) – Directive 2006/123/EC – Material scope – Article 17(11) – Article 56 TFEU
Request for a preliminary ruling from the Tribunale ordinario di Roma
Language of the case: Italian
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Opinion of Advocate General Szpunar delivered on 25 May 2023
ECLI:EU:C:2023:437 |
|
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Judgment of the Court (Fifth Chamber) of 21 March 2024
ECLI:EU:C:2024:254 |
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Case C-61/22 RL v Landeshauptstadt Wiesbaden
Reference for a preliminary ruling – Regulation (EU) 2019/1157 – Strengthening the security of identity cards of EU citizens – Validity – Legal basis – Article 21(2) TFEU – Article 77(3) TFEU – Regulation (EU) 2019/1157 – Article 3(5) – Obligation for Member States to include two fingerprints in interoperable digital formats in the storage medium of identity cards – Article 7 of the Charter of Fundamental Rights of the European Union – Respect for private and family life – Article 8 of the Charter of Fundamental Rights – Protection of personal data – Regulation (EU) 2016/679 – Article 35 – Obligation to carry out a data protection impact assessment – Maintaining the effects for a certain time of a regulation which has been declared invalid
Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden
Language of the case: German
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Opinion of Advocate General Medina delivered on 29 June 2023
ECLI:EU:C:2023:520 |
|
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Judgment of the Court (Grand Chamber) of 21 March 2024
ECLI:EU:C:2024:251 |
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Case C-90/22 Gjensidige
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 45 – Refusal to recognise a judgment – Article 71 – Relationship between that regulation and conventions governing particular matters – Convention on the Contract for the International Carriage of Goods by Road (CMR) – Article 31(3) – Lis pendens – Agreement conferring jurisdiction – Concept of ‘public policy’
Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas
Language of the case: Lithuanian
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Opinion of Advocate General Emiliou delivered on 14 December 2023
ECLI:EU:C:2023:994 |
|
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Judgment of the Court (First Chamber) of 21 March 2024
ECLI:EU:C:2024:252 |
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Case C-606/22 Dyrektor Izby Administracji Skarbowej w Bydgoszczy v B. (Possibility of adjustment in the case of incorrect rate)
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Provision of recreational services and services to improve physical fitness – Sale of passes giving access to services whose existence is evidenced by a cash register and by cash register receipts – Taxable amount – Error in the tax rate – Principle of fiscal neutrality – Adjustment of the tax debt as a result of a change in the taxable amount – National practice that does not permit, in the absence of an invoice, a correction of the VAT and a refund of the overpaid VAT – No risk of loss of tax revenue – Plea of unjust enrichment
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Opinion of Advocate General Kokott delivered on 16 November 2023
ECLI:EU:C:2023:893 |
|
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Judgment of the Court (Seventh Chamber) of 21 March 2024
ECLI:EU:C:2024:255 |
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Case C-671/22 T v Bezirkshauptmannschaft Spittal an der Drau
Reference for a preliminary ruling – Environment – EU action in the field of water policy – Directive 2000/60/EC – Environmental objectives relating to surface water – Prevention of deterioration of the status of all bodies of surface water – Point 1.2.2 of Annex V – Definitions for ‘high’, ‘good’ and ‘moderate’ ecological status in lakes – Criteria for assessing the biological quality element ‘fish fauna’
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Opinion of Advocate General Rantos delivered on 16 November 2023
ECLI:EU:C:2023:894 |
|
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Judgment of the Court (Seventh Chamber) of 21 March 2024
ECLI:EU:C:2024:256 |
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Case C-703/22 WU v CBR (Hemianopsia)
Reference for a preliminary ruling – Transport – Road transport – Directive 2006/126/EC – Driving licences – Conditions for issue or renewal – Minimum standards for physical and mental fitness – Eyesight – Point 6.4 of Annex III – Principle of proportionality – Person not meeting the field of vision requirement – Favourable opinion on fitness to drive issued by medical experts – Discretion in an individual case failing an express exception
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Judgment of the Court (Eighth Chamber) of 21 March 2024
ECLI:EU:C:2024:261 |
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Case C-714/22 S.R.G. v Profi Credit Bulgaria (Services ancillary to a credit agreement)
Reference for a preliminary ruling – Consumer protection – Consumer credit agreements – Directive 2008/48/EC – Article 3(g), Article 10(2)(g) and Article 23 – Total cost of the credit to the consumer – No indication of the relevant costs – Penalty – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 3(1), Article 4(2), Article 6(1) and Article 7(1) – Point 1(o) of the annex to Directive 93/13/EEC – Services ancillary to a credit agreement – Terms giving priority to the examination of the credit application of a consumer purchasing those services and to the making available of the sum borrowed as well as providing that consumer with the option of deferring or rescheduling the monthly loan instalments, in return for payment of additional costs
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
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Judgment of the Court (Ninth Chamber) of 21 March 2024
ECLI:EU:C:2024:263 |
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Case C-7/23 Marvesa Rotterdam v FAVV
Reference for a preliminary ruling – Agriculture – Approximation of health legislation – Animal health policy – Veterinary checks – Products of animal origin imported from China – Import ban – Decision 2002/994/EC – Exemption for certain products – Part I of the annex – Fishery products – Definition – Fish oil – Products intended for animal feed – Validity
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Judgment of the Court (Seventh Chamber) of 21 March 2024
ECLI:EU:C:2024:257 |
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Case C-10/23 Remia Com Impex v Autoritatea Naţională Sanitară Veterinară şi pentru Siguranţa Alimentelor and Direcţia Sanitară Veterinară şi pentru Siguranţa Alimentelor Dolj
Reference for a preliminary ruling – Food safety – Hygiene rules for food of animal origin – Regulation (EC) No 853/2004 – Scope – Exceptions – Supply of food between retail establishments constituting a marginal, localised and restricted activity – Concept of ‘marginal, localised and restricted activity’ – National legislation departing from the definition of that concept provided by that regulation
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
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Judgment of the Court (Seventh Chamber) of 21 March 2024
ECLI:EU:C:2024:259 |
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Case C-76/23 Cobult v TAP Air Portugal
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 7(3) – Article 8(1)(a) – Right to reimbursement of the cost of the airline ticket in the event of cancellation of a flight – Reimbursement in travel vouchers – Concept of the ‘signed agreement of the passenger’ – Reimbursement procedure through a form available on the website of the operating air carrier
Request for a preliminary ruling from the Landgericht Frankfurt am Main
Language of the case: German
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Judgment of the Court (Third Chamber) of 21 March 2024
ECLI:EU:C:2024:253 |
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Case C-639/23 P(R) Commission v Amazon Services Europe
Appeal – Interim relief – Approximation of laws – Regulation (EU) 2022/2065 – Single market for digital services – Additional online advertising transparency – Decision to designate a very large online platform – Action for annulment
Language of the case: English
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Order of the Vice-President of the Court of 27 March 2024
ECLI:EU:C:2024:277 |
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Information (on unpublished decisions)
Case C-700/23 P Cayago Tec v EUIPO
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Order of the Court (Chamber determining whether appeals may proceed) of 5 March 2024 ECLI:EU:C:2024:223 |
Case C-725/22 P Nevinnomysskiy Azot and NAK 'Azot' v Commission
Appeal – Dumping – Imports of mixtures of urea and ammonium nitrate originating in Russia – Definitive anti-dumping duty – Initiation of an investigation – Sufficient evidence
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Judgment of the Court (Ninth Chamber) of 7 March 2024 ECLI:EU:C:2024:217 |
Case C-576/23 Elite Games v Administraţia Judeţeană a Finanţelor Publice Vaslui and Direcţia Generală Regională a Finanţelor Publice Iaşi
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Order of the Court (Seventh Chamber) of 14 March 2024 ECLI:EU:C:2024:246 |
Case C-766/21 P Parliament v Axa Assurances Luxembourg and Others
Reopening of the oral part of the procedure – Holding of a hearing
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Order of the Court (Third Chamber) of 20 March 2024 ECLI:EU:C:2024:321 |
Case C-676/23 P(I) Sberbank v MeSoFa and SRB
Appeal – Intervention – Economic and monetary policy – Single resolution mechanism for credit institutions and certain investment firms – Decision not to adopt a resolution scheme – Parent company – Interest in the result of the case
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Order of the Vice-President of the Court of 22 March 2024 ECLI:EU:C:2024:273 |
Case C-690/23 P(I) Sberbank v MeSoFa and Others
Appeal – Intervention – Economic and monetary policy – Single resolution mechanism for credit institutions and certain investment firms – Decision to adopt a resolution scheme – Parent company – Interest in the result of the case
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Order of the Vice-President of the Court of 22 March 2024 ECLI:EU:C:2024:272 |
Case C-693/23 P(I) Sberbank v MeSoFa and Others
Appeal – Intervention – Economic and monetary policy – Single resolution mechanism for credit institutions and certain investment firms – Decision to adopt a resolution scheme – Parent company – Interest in the result of the case
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Order of the Vice-President of the Court of 22 March 2024 ECLI:EU:C:2024:274 |
April 2024
Case C-551/21 Commission v Council (Signing of international agreements)
Intervention – Article 40 of the Statute of the Court of Justice of the European Union – Application by the High Representative of the Union for Foreign Affairs and Security Policy – Interest in the result of the case – Allowed
Language of the case: English
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Opinion of Advocate General Kokott delivered on 13 July 2023
ECLI:EU:C:2023:579 |
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Judgment of the Court (Grand Chamber) of 9 April 2024
ECLI:EU:C:2024:281 |
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Case C-582/21 FY v Profi Credit Polska (Reopening of proceedings concluded with a final judicial decision)
Reference for a preliminary ruling – Principles of EU law – Article 4(3) TEU – Principle of sincere cooperation – Procedural autonomy – Principles of equivalence and effectiveness – Principle of interpreting national law in conformity with EU law – National legislation providing for an extraordinary remedy allowing the reopening of civil proceedings closed by a final judgment – Grounds – Subsequent decision of a constitutional court declaring that a provision of national law on the basis of which that judgment was given is incompatible with the Constitution – Loss of the opportunity to take action on account of a breach of the law – Broad application of that remedy – Alleged infringement of EU law resulting from a subsequent judgment of the Court of Justice ruling under Article 267 TFEU on the interpretation of EU law – Directive 93/13/EEC – Unfair terms in consumer contracts – Default judgment – Failure of the court hearing the case to ascertain of its own motion whether contractual terms are unfair
Request for a preliminary ruling from the Sąd Okręgowy Warszawa-Praga w Warszawie
Language of the case: Polish
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Opinion of Advocate General Emiliou delivered on 14 September 2023
ECLI:EU:C:2023:674 |
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Judgment of the Court (Grand Chamber) of 9 April 2024
ECLI:EU:C:2024:282 |
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Case C-532/23 Lear Corporation Hungary v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article183 – Right to deduct input VAT – Rules governing exercise of that right – Late refund – Delay caused by the application of a national provision – Effect of a preliminary ruling given by the Court after those facts occurred – Late payment interest – Limitation – Principles of equivalence, effectiveness and fiscal neutrality
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Order of the Court (Seventh Chamber) of 10 April 2024
ECLI:EU:C:2024:316 |
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Case C-741/21 GP v juris
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 82 – Right to compensation for damage caused by data processing that infringes that regulation – Concept of ‘non-material damage’ – Impact of the seriousness of the damage suffered – Liability of the controller – Possible exemption in the event of default of a person acting under his or her authority within the meaning of Article 29 – Assessment of the amount of compensation – Inapplicability of the criteria laid down for administrative fines in Article 83 – Assessment in the event of multiple infringements of that regulation
Request for a preliminary ruling from the Landgericht Saarbrücken
Language of the case: German
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Judgment of the Court (Third Chamber) of 11 April 2024
ECLI:EU:C:2024:288 |
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Case C-316/22 Gabel Industria Tessile and Canavesi v A2A Energia and Others
Reference for a preliminary ruling – Directive 2008/118/EC – Article 1(2) – Excise duties – Electricity – National legislation creating an additional tax on electricity excise duties – Lack of specific purposes – Additional tax deemed contrary to Directive 2008/118/EC by the national courts – Recovery by the final consumer of the tax unduly paid from the supplier alone – Article 288 TFEU – Direct effect – Principle of effectiveness
Request for a preliminary ruling from the Tribunale di Como
Language of the case: Italian
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Opinion of Advocate General Emiliou delivered on 16 November 2023
ECLI:EU:C:2023:885 |
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Judgment of the Court (Fifth Chamber) of 11 April 2024
ECLI:EU:C:2024:301 |
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Case C-654/22 FOD Volksgezondheid, Veiligheid van de voedselketen & Leefmilieu v Triferto Belgium
Reference for a preliminary ruling – Registration, evaluation, authorisation and restriction of chemicals – Regulation (EC) No 1907/2006 (REACH Regulation) – Article 2(1)(b) – Scope – Article 3(10) and (11) – Concepts of ‘import’ and ‘importer’ – Article 6 – Obligation to register – Person assuming responsibility for registration – Regulation (EU) No 952/2013 – Union Customs Code – Customs warehousing
Request for a preliminary ruling from the rechtbank van eerste aanleg Oost-Vlaanderen Afdeling Gent
Language of the case: Dutch
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Opinion of Advocate General Kokott delivered on 16 November 2023
ECLI:EU:C:2023:883 |
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Judgment of the Court (Fourth Chamber) of 11 April 2024
ECLI:EU:C:2024:298 |
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Case C-687/22 Julieta and Rogelio v Agencia Estatal de la Administración Tributaria (Exclusion of claims governed by public law from discharge of debt)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Directive (EU) 2019/1023 – Procedures concerning restructuring, insolvency and discharge of debt – Article 20 – Access to discharge – Article 20(1) – Full discharge of debt – Article 23 – Derogations – Article 23(4) – Exclusion of certain categories of debt from the discharge of debt – Exclusion of claims governed by public law – Justification under national law – Legal effects of directives – Obligation to interpret national law in conformity with EU law
Request for a preliminary ruling from the Audiencia Provincial de Alicante
Language of the case: Spanish
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Opinion of Advocate General Richard de la Tour delivered on 14 December 2023
ECLI:EU:C:2023:995 |
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Judgment of the Court (Second Chamber) of 11 April 2024
ECLI:EU:C:2024:287 |
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Case C-723/22 Citadines v MPLC Deutschland
Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Directive 2001/29/EC – Article 3(1) – Communication to the public – Meaning – Provision of television sets in a hotel – Transmission of a signal by means of a coaxial cable distributor – Directive 93/83/EEC – Cable retransmission – Cable operators – Meaning – Licensing agreement with collective management organisations for cable retransmission – Retransmission of that signal by means of that hotel’s own cable distribution network
Request for a preliminary ruling from the Oberlandesgericht München
Language of the case: German
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Judgment of the Court (Sixth Chamber) of 11 April 2024
ECLI:EU:C:2024:289 |
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Case C-770/22 OSTP Italy v Agenzia delle Dogane e dei Monopoli, Ufficio delle Dogane di Genova 1 and Others
Reference for a preliminary ruling – Customs union – Regulation (EU) No 952/2013 – Judgments at first instance annulling customs measures relating to traditional own resources of the European Union – Immediately implementable nature of those judgments – No suspension of implementation of judgments
Request for a preliminary ruling from the Corte di giustizia tributaria di primo grado di Genova
Language of the case: Italian
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Judgment of the Court (Tenth Chamber) of 11 April 2024
ECLI:EU:C:2024:299 |
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Case C-6/23 X v Agrárminiszter
Reference for a preliminary ruling – Agriculture – Common agricultural policy (CAP) – European Agricultural Fund for Rural Development (EAFRD) – Applicability ratione materiae – Applicability ratione temporis – Regulation (EC) No 1698/2005 – Article 22 – Support for the setting up of young farmers – Article 71 – Eligibility – Conditions for granting – Legislation of a Member State laying down the obligation to work continuously as a farmer, as a main activity and as a sole trader – Additional eligibility conditions – Regulation (EU) No 1306/2013 – Article 63 – Delegated Regulation (EU) No 640/2014 – Article 35 – Eligibility criterion – Commitment
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
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Judgment of the Court (Eighth Chamber) of 11 April 2024
ECLI:EU:C:2024:294 |
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Joined Cases C-114/23, C-115/23, C-132/23 and C-160/23 Criminal proccedings against KB and Others
Reference for a preliminary ruling – Article 267 TFEU – Interpretation sought by the referring court necessary to enable it to give judgment – Independence of the judiciary – Conditions for the appointment of ordinary judges – Possibility of challenging a final judgment or decree of criminal conviction at the stage of proceedings to enforce that judgment or decree – Admissibility of the requests for a preliminary ruling
Requests for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
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Judgment of the Court (Third Chamber) of 11 April 2024
ECLI:EU:C:2024:290 |
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Case C-116/23 XXXX v Sozialministeriumservice
Reference for a preliminary ruling – Social security – Migrant workers – Family benefits – Regulation (EC) No 883/2004 – Article 3 – Sickness benefits – Scope – Care leave allowance – National of a Member State residing and working in another Member State and caring for a family member in the first Member State – Ancillary nature in respect of the care allowance – Article 4 – Equality of treatment
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 11 April 2024
ECLI:EU:C:2024:292 |
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Case C-122/23 Direktor na Direktsia 'Obzhalvane i danachno-osiguritelna praktika' v Legafact
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Turnover taxes – Special scheme for small enterprises – Annual turnover – Difference in treatment between taxable persons – National legislation imposing VAT on a person in the event of late submission of an application for registration – Punitive nature
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Judgment of the Court (Seventh Chamber) of 11 April 2024
ECLI:EU:C:2024:293 |
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Case C-173/23 Eventmedia Soluciones v Air Europa Líneas Aéreas
Reference for a preliminary ruling – Air transport – Montreal Convention – Article 19 – Compensation for damage occasioned by delay in the carriage of baggage – Assignment to a commercial company of the passenger’s claim against the air carrier – Contractual clause prohibiting such an assignment – Directive 93/13/EC – Unfair terms in consumer contracts – Article 6(1) and Article 7(1) – Review of its own motion of the unfairness of the clause prohibiting the assignment of passenger rights – Detailed rules for that review in the context of a dispute between the assignee company and the air carrier – Principles of equivalence and effectiveness – Principle of audi alterem partem
Request for a preliminary ruling from the Juzgado de lo Mercantil de Palma de Mallorca
Language of the case: Spanish
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Judgment of the Court (Third Chamber) of 11 April 2024
ECLI:EU:C:2024:295 |
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Case C-183/23 Credit Agricole Bank Polska v AB
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 6(1) – Scope – Contract concluded by a consumer who is a national of a third State with a bank established in a Member State – Proceedings brought against that consumer – Court of the last known domicile of the consumer in a Member State
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy - Śródmieścia w Warszawie
Language of the case: Polish
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Judgment of the Court (Ninth Chamber) of 11 April 2024
ECLI:EU:C:2024:297 |
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Case C-89/24 P(R) Lagardère v Commission
Appeal – Application for interim measures – Competition – Concentrations – Media market – Request for information – Personal data – Urgency – Commission of a criminal offence
Language of the case: French
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Order of the Vice-President of the Court of 11 April 2024
ECLI:EU:C:2024:312 |
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Case C-90/24 P(R) Vivendi v Commission
Appeal – Interim relief – Competition – Concentrations – Media market – Request for information – Personal data – Urgency – Right to respect for private life
Language of the case: French
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Order of the Vice-President of the Court of 11 April 2024
ECLI:EU:C:2024:318 |
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Case C-605/21 Heureka Group v Google (Online price comparison services)
Reference for a preliminary ruling – Article 102 TFEU – Principle of effectiveness – Actions for damages under national law for infringements of competition law provisions – Directive 2014/104/EU – Late transposition of the directive – Temporal application – Article 10 – Limitation period – Detailed rules for the dies a quo – Cessation of the infringement – Knowledge of the information necessary for bringing an action for damages – Publication in the Official Journal of the European Union of the summary of the European Commission’s decision finding an infringement of the competition rules – Binding effect of a Commission decision that is not yet final – Suspension or interruption of the limitation period for the duration of the Commission’s investigation or until the date when its decision becomes final
Request for a preliminary ruling from the Městský soud v Praze
Language of the case: Czech
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Opinion of Advocate General Kokott delivered on 21 September 2023
ECLI:EU:C:2023:695 |
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Judgment of the Court (Grand Chamber) of 18 April 2024
ECLI:EU:C:2024:324 |
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Case C-359/22 AHY v Minister for Justice (Discretionary clause - Remedies)
Reference for a preliminary ruling – Asylum policy – Determining the Member State responsible for examining an application for international protection – Regulation (EU) No 604/2013 – Transfer of the asylum seeker to the Member State responsible for examining the application for international protection – Article 17(1) – Discretionary clause – Article 27(1) and (3) and Article 29(3) – Article 47 of the Charter of Fundamental Rights of the European Union – Remedies – Suspensive effect
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
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Opinion of Advocate General Pikamäe delivered on 14 September 2023
ECLI:EU:C:2023:678 |
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Judgment of the Court (Second Chamber) of 18 April 2024
ECLI:EU:C:2024:334 |
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Case C-509/22 Agenzia delle Dogane e dei Monopoli v Girelli Alcool
Reference for a preliminary ruling – Taxation – Excise duties – Directive 2008/118/EC – Article 7(4) – Chargeability of excise duty – Release for consumption – Total destruction or irretrievable loss of a product placed under a duty-suspension arrangement – Concept of ‘unforeseeable circumstances’ – Authorisation by the competent authorities of the Member State – Irretrievable loss caused by a non-serious fault committed by an employee of the authorised warehousekeeper
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Opinion of Advocate General Collins delivered on 28 September 2023
ECLI:EU:C:2023:720 |
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Judgment of the Court (Fifth Chamber) of 18 April 2024
ECLI:EU:C:2024:341 |
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Joined Cases C-567/22 P to C-570/22 P Dumitrescu and Others v Commission and Court of Justice
Appeal – Civil service – Second subparagraph of Article 8(2) of Annex VII to the Staff Regulations of Officials of the European Union – Flat-rate payment of travel expenses from the place of employment to the place of origin – Regulation (EU, Euratom) No 1023/2013 – New calculation rules – Officials whose place of origin is outside the territories of the Member States as well as outside the countries and territories listed in Annex II to the FEU Treaty and the territories of the Member States of the European Free Trade Association (EFTA) – Principle of equal treatment
Language of the case: French
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Judgment of the Court (Fourth Chamber) of 18 April 2024
ECLI:EU:C:2024:336 |
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Case C-634/22 Criminal proceedings against OT and Others (Abolition of a court)
Reference for a preliminary ruling – Values and objectives of the European Union – Article 2 TEU – Rule of law – Second subparagraph of Article 19(1) TEU – Independent and impartial court – Reorganisation of jurisdiction of courts in a Member State – Abolition of a specialised criminal court – Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 23 November 2023
ECLI:EU:C:2023:913 |
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Judgment of the Court (Fourth Chamber) of 18 April 2024
ECLI:EU:C:2024:340 |
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Case C-716/22 EP v Préfet du Gers and Institut national de la statistique et des études économiques
Reference for a preliminary ruling – Citizenship of the Union – National of the United Kingdom of Great Britain and Northern Ireland residing in a Member State – Articles 20 and 22 TFEU – Right to vote and to stand as a candidate in elections to the European Parliament in the Member State of residence – Article 50 TEU – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Consequences of the withdrawal of a Member State of the European Union – Removal from the electoral roll in the Member State of residence – Article 39 of the Charter of Fundamental Rights of the European Union – Validity of Decision (EU) 2020/135
Request for a preliminary ruling from the Tribunal judiciaire d’Auch
Language of the case: French
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Judgment of the Court (Eighth Chamber) of 18 April 2024
ECLI:EU:C:2024:339 |
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Joined Cases C-765/22 and C-772/22 Luis Carlos and Others v Air Berlín Luftverkehrs KG, Sucursal en España and Others
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) 2015/848 – Insolvency proceedings – Main insolvency proceedings in Germany and secondary insolvency proceedings in Spain – Challenge to the inventory of assets and the list of creditors submitted by the insolvency practitioner in the secondary insolvency proceedings – Classification of employees’ claims – Date to be taken into account – Transfer of assets situated in Spain to Germany – Composition of the estate in secondary insolvency proceedings – Time parameters to be taken into consideration
Requests for a preliminary ruling from the Juzgado de lo Mercantil de Palma de Mallorca
Language of the case: Spanish
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Judgment of the Court (Third Chamber) of 18 April 2024
ECLI:EU:C:2024:331 |
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Case C-22/23 Citadeles nekustamie īpašumi v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Prevention of the use of the financial system for the purposes of money laundering or terrorist financing – Directive (EU) 2015/849 – Scope – Obliged entity – Article 3(7)(c) – Concept of ‘trust or company service provider’ – Provision of a registered office – Owner of immovable property who has entered into leases with legal persons – Registration of the registered office of such legal persons in that immovable property
Request for a preliminary ruling from the administratīvā rajona tiesa
Language of the case: Latvian
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Opinion of Advocate General Szpunar delivered on 11 January 2024
ECLI:EU:C:2024:16 |
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Judgment of the Court (First Chamber) of 18 April 2024
ECLI:EU:C:2024:327 |
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Case C-68/23 M-GbR v Finanzamt O (Single-purpose vouchers)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Articles 30a and 30b – Vouchers supplied electronically – Single-purpose and multi-purpose vouchers – Prepaid cards or voucher codes for the purchase of digital content, with a ‘country’ identifier making the digital content in question accessible only in the Member State in question
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Judgment of the Court (Ninth Chamber) of 18 April 2024
ECLI:EU:C:2024:342 |
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Case C-79/23 FJ v Agrárminiszter
Reference for a preliminary ruling – Agriculture – Common agricultural policy – Direct support schemes for farmers – Regulation (EC) No 1122/2009 – Single area payment scheme – Article 58 – Reductions and exclusions applicable in the event of over-declarations – Penalty for over-declaration exceeding 50% of the area determined – Recovery of the amount of the penalty during the three calendar years following the calendar year of the finding – Concept of ‘finding’ – Control report finding irregularities in the aid application concerned
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Judgment of the Court (Seventh Chamber) of 18 April 2024
ECLI:EU:C:2024:329 |
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Case C-89/23 Companhia União de Crédito Popular v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Scope – Economic activity – Supply of services – Article 135 – Exemptions for other activities – Granting of credit – Sale by auction of pledged goods – Single supply – Distinct and independent supplies – Ancillary or principal supplies
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
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Judgment of the Court (Seventh Chamber) of 18 April 2024
ECLI:EU:C:2024:333 |
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Case C-133/23 Omya CZ v Generální ředitelství cel
Reference for a preliminary ruling – Taxation of energy products and electricity – Directive 2003/96/EC – Fifth indent of Article 2(4)(b) – Concept of ‘mineralogical processes’ – Electricity used to power machines used to process limestone extracted from quarries
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
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Judgment of the Court (Seventh Chamber) of 18 April 2024
ECLI:EU:C:2024:335 |
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Case C-195/23 GI v Partena
Reference for a preliminary ruling – Social security – Officials of the European Union – Protocol (No 7) on the privileges and immunities of the European Union – Compulsory affiliation to the social security scheme of the EU institutions – Official of the European Union pursuing a complementary professional activity as a self-employed person – Liability for social security contributions under the scheme of a Member State in which that activity is carried out
Request for a preliminary ruling from the Tribunal du travail francophone de Bruxelles
Language of the case: French
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Judgment of the Court (Seventh Chamber) of 18 April 2024
ECLI:EU:C:2024:337 |
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Case C-484/21 F C C and M A B v Caixabank (Limitation period)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan contract – Term stipulating that costs relating to the contract are to be paid by the consumer – Final judicial decision finding that term unfair and declaring it void – Action for restitution of the sums paid pursuant to the unfair term – Point from which the limitation period starts to run
Request for a preliminary ruling from the Juzgado de Primera Instancia de Barcelona
Language of the case: Spanish
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Judgment of the Court (Ninth Chamber) of 25 April 2024
ECLI:EU:C:2024:360 |
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Case C-561/21 GP and BG v Banco Santander (Point from which the limitation period starts to run)
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan contract – Term stipulating that costs relating to the contract are to be paid by the consumer – Final judicial decision finding that term unfair and declaring it void – Action for restitution of the sums paid pursuant to the unfair term – Point from which the limitation period for the action for restitution starts to run
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Judgment of the Court (Ninth Chamber) of 25 April 2024
ECLI:EU:C:2024:362 |
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Case C-276/22 Edil Work 2 and S.T. v STE
Reference for a preliminary ruling – Articles 49 and 54 TFEU – Freedom of establishment – Company established in a Member State but carrying on its activities in another Member State – Operation and management of the company – National legislation providing for the application of the law of the Member State in which a company carries on its activities – Restriction on freedom of establishment – Justification – Protection of the interests of creditors, minority shareholders and staff – Prevention of abusive practices and artificial arrangements – Proportionality
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Opinion of Advocate General Medina delivered on 19 October 2023
ECLI:EU:C:2023:796 |
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Judgment of the Court (Third Chamber) of 25 April 2024
ECLI:EU:C:2024:348 |
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Case C-301/22 Sweetman v An Bord Pleanála and Ireland and the Attorney General
Reference for a preliminary ruling – Environment – Directive 2000/60/EC – Framework for EU action in the field of water policy – Article 4(1)(a) – Environmental objectives relating to surface water – Obligation of the Member States not to authorise a project which may cause a deterioration of the status of a surface water body – Article 5 and Annex II – Characterisation of surface water body types – Article 8 and Annex V – Classification of surface water status – Article 11 – Programme of measures – Project for the abstraction of water from a lake with a surface area below 0.5 km²
Request for a preliminary ruling from the High Court (Ireland)
Language of the case: English
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Opinion of Advocate General Rantos delivered on 21 September 2023
ECLI:EU:C:2023:697 |
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Judgment of the Court (Second Chamber) of 25 April 2024
ECLI:EU:C:2024:347 |
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Case C-308/22 PAN Europe v College voor de toelating van gewasbeschermingsmiddelen en biociden (Closer)
Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 1107/2009 – Authorisation for placing plant protection products on the market – Examination for authorisation – Article 36 – Discretion of the Member State concerned, for the purposes of Article 36(2), with regard to the scientific risk assessment carried out by the Member State examining the application for authorisation under Article 36(1) – Article 44 – Withdrawal or amendment of an authorisation – Precautionary principle – Effective judicial remedy – Current scientific and technical knowledge
Request for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
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Opinion of Advocate General Medina delivered on 28 September 2023
ECLI:EU:C:2023:716 |
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Judgment of the Court (Third Chamber) of 25 April 2024
ECLI:EU:C:2024:350 |
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Joined Cases C-309/22 and C-310/22 PAN Europe v College voor de toelating van gewasbeschermingsmiddelen en biociden (Assessment of endocrine disrupting properties)
Reference for a preliminary ruling – Approximation of laws – Regulation (EC) No 1107/2009 – Authorisation for placing plant protection products on the market – Examination for authorisation – Article 4 – Article 29 – Conditions – No harmful effect – Criteria – Endocrine disrupting properties – Regulation (EU) 2018/605 – Precautionary principle – Current scientific and technical knowledge
Requests for a preliminary ruling from the College van Beroep voor het bedrijfsleven
Language of the case: Dutch
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Opinion of Advocate General Medina delivered on 28 September 2023
ECLI:EU:C:2023:717 |
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Judgment of the Court (Third Chamber) of 25 April 2024
ECLI:EU:C:2024:356 |
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Joined Cases C-345/22 to C-347/22 Maersk A/S v Allianz Seguros y Reaseguros and Mapfre España Compañía de Seguros y Reaseguros SA v MACS Maritime Carrier Shipping
Requests for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 25(1) – Contract for the carriage of goods evidenced by a bill of lading – Jurisdiction clause incorporated in that bill of lading – Enforceability against the third-party holder of the bill of lading – Applicable law – National legislation requiring the individual and separate negotiation of the jurisdiction clause by the third-party holder of the bill of lading
Requests for a preliminary ruling from the Audiencia Provincial de Pontevedra
Language of the case: Spanish
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Opinion of Advocate General Collins delivered on 16 November 2023
ECLI:EU:C:2023:889 |
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Judgment of the Court (Sixth Chamber) of 25 April 2024
ECLI:EU:C:2024:349 |
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Joined Cases C-420/22 and C-528/22 NW and PQ v Országos Idegenrendészeti Főigazgatóság and Miniszterelnöki Kabinetirodát vezető miniszter (Classified information)
References for a preliminary ruling – Citizenship of the European Union – Article 20 TFEU – Union citizen who has never exercised his or her right of freedom of movement – Residence of a family member of that Union citizen – Threat to national security – Statement by a specialist national authority – Statement of reasons – Access to the file
Requests for a preliminary ruling from the Szegedi Törvényszék
Language of the case: Hungarian
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Opinion of Advocate General Richard de la Tour delivered on 23 November 2023
ECLI:EU:C:2023:909 |
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Judgment of the Court (First Chamber) of 25 April 2024
ECLI:EU:C:2024:344 |
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Case C-657/22 Bitulpetrolium Serv v Administraţia Judeţeană a Finanţelor Publice Prahova
Reference for a preliminary ruling – Taxation of energy products and electricity – Directive 2003/96/EC – Taxation in accordance with the principle of actual use of those products – Annex I – Minimum levels of taxation applicable to energy products provided for by that directive – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(a) – Chargeable event – Article 63 – Chargeability of VAT – Article 78(1)(a) – Taxable amount – Reintroduction of energy products into the tax warehouse – Conditions imposed by national law – Additional excise duty and VAT applied as a penalty for non-compliance with those conditions – Principle of proportionality
Request for a preliminary ruling from the Tribunalul Prahova
Language of the case: Romanian
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Judgment of the Court (Eighth Chamber) of 25 April 2024
ECLI:EU:C:2024:353 |
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Joined Cases C-684/22 to C-686/22 S.Ö. and Others v Stadt Duisburg and Others (Loss of German nationality)
Reference for a preliminary ruling – Citizenship of the Union – Article 20 TFEU – Nationality of a Member State and of a third country – Acquisition of the nationality of a third country – Loss of the nationality of a Member State and of citizenship of the Union by operation of law – Possibility of applying to retain the nationality of the Member State prior to acquisition of the nationality of a third country – Individual examination of the consequences of the loss of the nationality of the Member State in the light of EU law – Scope
Requests for a preliminary ruling from the Verwaltungsgericht Düsseldorf
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 14 December 2023
ECLI:EU:C:2023:999 |
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Judgment of the Court (Fourth Chamber) of 25 April 2024
ECLI:EU:C:2024:345 |
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Case C-36/23 L v Familienkasse Sachsen
Reference for a preliminary ruling – Social security – Regulation (EC) No 883/2004 – Family benefits – Article 68 – Rules of priority in the case of overlapping of benefits – Obligation on the institution of the Member State having secondary competence to forward an application for family benefits to the institution of the Member State having primary competence – No application for family benefits in the child’s Member State of residence – Partial recovery of family benefits paid in the Member State of activity as an employed person of one of the parents
Request for a preliminary ruling from the Finanzgericht Bremen
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 25 April 2024
ECLI:EU:C:2024:355 |
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Case C-147/23 Commission v Poland (Whistleblowers directive)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Protection of persons who report breaches of Union law – Directive (EU) 2019/1937 – Failure to transpose and notify the transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum and a daily penalty payment – Criteria for establishing the amount of the sanction – Automatic application of a coefficient for seriousness – Determination of the capacity to pay of the Member State – Demographic criterion
Language of the case: Polish
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Opinion of Advocate General Emiliou delivered on 14 March 2024
ECLI:EU:C:2024:241 |
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Judgment of the Court (First Chamber) of 25 April 2024
ECLI:EU:C:2024:346 |
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Case C-204/23 Autorità di regolazione dei trasporti v Lufthansa Linee Aeree Germaniche and Others
Reference for a preliminary ruling – Air transport – Airport charges – Directive 2009/12/EC – Article 11(5) – Funding for the independent supervisory authority – Contribution from airport users – Criteria for taxation
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Eighth Chamber) of 25 April 2024
ECLI:EU:C:2024:357 |
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Case C-207/23 Finanzamt X v Y (Application and disposal of goods free of charge)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Taxable transactions – Article 16 – Application of goods forming part of a taxable person’s business assets and their transfer free of charge to another taxable person – Drying of wood and heating of asparagus fields stemming from a cogeneration plant connected to a biogas production facility – Article 74 – Taxable amount – Cost price – Limitation to costs subject to input VAT only
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Judgment of the Court (Sixth Chamber) of 25 April 2024
ECLI:EU:C:2024:352 |
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Case C-470/21 La Quadrature du Net and Others v Premier ministre and Ministère de la Culture (Personal data and action to combat counterfeiting)
Reference for a preliminary ruling – Processing of personal data and the protection of privacy in the electronic communications sector – Directive 2002/58/EC – Confidentiality of electronic communications – Protection – Article 5 and Article 15(1) – Charter of Fundamental Rights of the European Union – Articles 7, 8 and 11 and Article 52(1) – National legislation aimed at combating, through action by a public authority, counterfeiting offences committed on the internet – ‘Graduated response’ procedure – Upstream collection by rightholder organisations of IP addresses used for activities infringing copyright or related rights – Downstream access by the public authority responsible for the protection of copyright and related rights to data relating to the civil identity associated with those IP addresses retained by providers of electronic communications services – Automated processing – Requirement of prior review by a court or an independent administrative body – Substantive and procedural conditions – Safeguards against the risks of abuse and against any unlawful access to or use of those data
Request for a preliminary ruling from the Conseil d'État (France)
Language of the case: French
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Opinion of Advocate General Szpunar delivered on 27 October 2022
ECLI:EU:C:2022:838 |
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Opinion of Advocate General Szpunar delivered on 28 September 2023
ECLI:EU:C:2023:711 |
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Judgment of the Court (Full Court) of 30 April 2024
ECLI:EU:C:2024:370 |
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Case C-822/21 Latvia v Sweden (Deposit guarantee schemes)
Failure of a Member State to fulfil obligations – Article 259 TFEU – Directive 2014/49/EU – Deposit guarantee schemes (DGSs) – Article 14(3) – Transfer of the activities of a credit institution from the DGS of one Member State to the DGS of another Member State – Transfer to the DGS of the host Member State of the contributions paid to the DGS of the home Member State during the 12 months preceding the transfer of the activities – Obligation – Failure to transfer contributions – Effectiveness – Principle of sincere cooperation
Language of the case: Swedish
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Opinion of Advocate General Richard de la Tour delivered on 7 September 2023
ECLI:EU:C:2023:647 |
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Judgment of the Court (First Chamber) of 30 April 2024
ECLI:EU:C:2024:373 |
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Case C-178/22 Criminal proceedings against Unknown individuals
Reference for a preliminary ruling – Processing of personal data in the electronic communications sector – Confidentiality of communications – Providers of electronic communications services – Directive 2002/58/EC – Article 15(1) – Articles 7, 8, 11 and Article 52(1) of the Charter of Fundamental Rights of the European Union – Access to those data requested by a national authority having competence to prosecute offences of aggravated theft – Definition of the concept of ‘serious offence’ the prosecution of which is capable of justifying serious interference with fundamental rights – Competence of the Member States – Principle of proportionality – Scope of prior review by a court of the requests to access the data retained by providers of electronic communications services
Request for a preliminary ruling from the Giudice delle indagini preliminari presso il Tribunale di Bolzano
Language of the case: Italian
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Opinion of Advocate General Collins delivered on 8 June 2023
ECLI:EU:C:2023:463 |
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Judgment of the Court (Grand Chamber) of 30 April 2024
ECLI:EU:C:2024:371 |
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Joined Cases C-395/22 and C-428/22 Trade Express-L and DEVNIA TSIMENT v Zamestnik-predsedatel na Darzhavna agentsia 'Darzhaven rezerv i voennovremenni zapasi'
References for a preliminary ruling – Energy – Directive 2009/119/EC – Supply of stocks of crude oil and/or petroleum products – Article 3 – Obligation for Member States to maintain emergency stocks – Article 8 – Economic operators – Regulation (EC) No 1099/2008 – Energy statistics – National legislation making it possible to impose an obligation on an economic operator to build up and maintain emergency stocks of a petroleum product, including where that product is unrelated to the economic activity of that operator – Charter of Fundamental Rights of the European Union – Article 16 – Freedom to conduct a business – Article 17 – Right to property
Requests for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
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Opinion of Advocate General Rantos delivered on 19 October 2023
ECLI:EU:C:2023:798 |
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Judgment of the Court (Third Chamber) of 30 April 2024
ECLI:EU:C:2024:374 |
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Case C-670/22 Criminal proceedings against M.N. (EncroChat)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2014/41/EU – European Investigation Order (EIO) in criminal matters – Obtaining of evidence already in the possession of the competent authorities of the executing State – Conditions for issuing an EIO – Encrypted telecommunications service – EncroChat – Need for the decision of a judge – Use of evidence obtained in breach of EU law
Request for a preliminary ruling from the Landgericht Berlin
Language of the case: German
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Opinion of Advocate General Ćapeta delivered on 26 October 2023
ECLI:EU:C:2023:817 |
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Judgment of the Court (Grand Chamber) of 30 April 2024
ECLI:EU:C:2024:372 |
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Information (on unpublished decisions)
Case C-558/23 Criminal proceedings against IC
Reference for a preliminary ruling – Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice – Manifest inadmissibility – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Intellectual property – Act adversely affecting intellectual property rights – Criminal and administrative penalties – Principle of legality of criminal offences and penalties
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Order of the Court (Ninth Chamber) of 8 April 2024 ECLI:EU:C:2024:283 |
Case C-670/23 P Gürok Turizm ve Madencilik v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 8 April 2024 ECLI:EU:C:2024:280 |
Case C-12/24 P Sattvica v EUIPO
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Order of the Court (Chamber determining whether appeals may proceed) of 8 April 2024 ECLI:EU:C:2024:285 |
Case C-22/22 T. v Przewodniczący Krajowej Rady Radiofonii i Telewizji (Audiovisual programmes for children)
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Definition of ‘court or tribunal’ – Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Chamber of Extraordinary Control and Public Affairs) of the Sąd Najwyższy (Supreme Court, Poland) – Reference for a preliminary ruling from an adjudicating panel which does not have the status of an independent and impartial tribunal previously established by law – Manifest inadmissibility
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Order of the Court (Seventh Chamber) of 9 April 2024 ECLI:EU:C:2024:313 |
Case C-628/23 YG and NI v AXA Bank Europe and Others
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Requirement to set out the regulatory context of the main proceedings – Requirement to state the reasons justifying the need for a reply from the Court and the link between the provisions of EU law whose interpretation is sought and the applicable national legislation – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Seventh Chamber) of 9 April 2024 ECLI:EU:C:2024:317 |
Case C-491/23 P Atesos medical and Others v Commission and Others
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Agreement between the European Community and the Swiss Confederation on mutual recognition in relation to conformity assessment – Regulation (EU) 2017/745 – Expiry of the designation of an entity as conformity assessment body for medical devices within the meaning of Directive 93/42/EEC – Removal of that entity from the list of notified bodies which have certificates validated under Directive 93/42/EEC – Action for annulment – Appeal manifestly unfounded
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Order of the Court (Seventh Chamber) of 11 April 2024 ECLI:EU:C:2024:320 |
Case C-528/23 P EUIPO v KD
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Member of the temporary staff of EUIPO – Non-renewal of contract – Action for annulment and for damages – Appeal manifestly unfounded
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Order of the Court (Ninth Chamber) of 11 April 2024 ECLI:EU:C:2024:311 |
Case C-599/22 Commission v Greece (Services de liaison de données aéronautiques)
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Judgment of the Court (Eighth Chamber) of 18 April 2024 ECLI:EU:C:2024:338 |
Case C-19/24 P Feed v EUIPO
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Order of the Court (Chamber determining whether appeals may proceed) of 24 April 2024 ECLI:EU:C:2024:369 |
Case C-218/23 P NS v Parliament
Appeal – Civil service – Officials – Reassignment – Interests of the service – Correspondence between the grade and the post – Loss of an allowance – Right to be heard – Obligation to state reasons – Duty to have regard for the welfare of officials
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Judgment of the Court (Seventh Chamber) of 25 April 2024 ECLI:EU:C:2024:358 |
Case C-366/23 P CIMV v Commission
Appeal – Research and technological development – Grant agreement concluded in the context of the ‘Horizon 2020’ Framework Programme for Research and Innovation – Recovery of a debt – Repayment by instalments – Substantive accuracy of the facts – Manifest error of assessment – Obligation to state reasons – Legitimate expectations – Right to be heard – Proportionality
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Judgment of the Court (Seventh Chamber) of 25 April 2024 ECLI:EU:C:2024:351 |
Case C-102/24 P Transport Werk v EUIPO
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Order of the Court (Chamber determining whether appeals may proceed) of 30 April 2024 ECLI:EU:C:2024:400 |
May 2024
Case C-115/22 SO
Reference for a preliminary ruling – Admissibility – Article 267 TFEU – Concept of ‘court or tribunal’ – National arbitration committee competent to combat doping in sport – Criteria – Independence of the body making the reference – Principle of effective judicial protection – Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Unabhängige Schiedskommission Wien
Language of the case: German
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Opinion of Advocate General Ćapeta delivered on 14 September 2023
ECLI:EU:C:2023:676 |
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Judgment of the Court (Grand Chamber) of 7 May 2024
ECLI:EU:C:2024:384 |
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Case C-75/22 Commission v Czech Republic (Professional qualifications)
Failure of a Member State to fulfil obligations – Directive 2005/36/EC – Recognition of professional qualifications – Article 3(1)(g) and (h) – Obligation for the Member States to ensure that the competent authorities of the host Member State determine the status of persons undergoing an adaptation period or preparing themselves for an aptitude test – Article 7(3) – Obligation for Member States to ensure that, in particular, veterinary surgeons and architects have the possibility to provide services, within the framework of the freedom to provide services, under the professional title of the host Member State – Article 45(2)(c), (f) and, in part, (e) – Obligation for the Member States to ensure that the holders of evidence of formal qualifications in pharmacy at university level or a level recognised as equivalent, which satisfies the requirements of Article 44 of that directive, are able to gain access to at least the activities referred to in Article 45(2) of that directive, subject to the requirement, where appropriate, of supplementary professional experience – Article 51(1) – Obligation for the Member States to ensure that the competent authority of the host Member State has a time limit of one month within which to acknowledge receipt of the application for recognition of professional qualifications and to inform the applicant of any missing document – Not transposed into national law
Language of the case: Czech
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Opinion of Advocate General Pikamäe delivered on 14 September 2023
ECLI:EU:C:2023:679 |
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Judgment of the Court (Fourth Chamber) of 8 May 2024
ECLI:EU:C:2024:390 |
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Case C-734/22 Republik Österreich v GM
Reference for a preliminary ruling – Own resources of the European Union – National programme co-financed by the European Agricultural Fund for Rural Development (EAFRD) – Aid granted by contract pursuant to that programme – Protection of the European Union’s financial interests – Regulation (EC) No 2988/95 – Scope – Proceedings concerning irregularities – Article 3 – Limitation period for proceedings – Concept of ‘act interrupting the limitation period’ – Principle of proportionality – Claims for repayment of aid wrongly paid, based on the private law of a Member State
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 8 May 2024
ECLI:EU:C:2024:395 |
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Case C-20/23 SF v MV and Others
Reference for a preliminary ruling – Judicial cooperation in civil matters – Directive (EU) 2019/1023 – Procedures concerning restructuring, insolvency and discharge of debt – Article 20 – Access to discharge – Article 23 – Derogations – Article 23(4) – Exclusion of specific categories of debt from discharge of debt – National legislation excluding tax and social security debts from the discharge of debt – Duly justified nature of such an exclusion
Request for a preliminary ruling from the Tribunal da Relação do Porto
Language of the case: Portuguese
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Opinion of Advocate General Richard de la Tour delivered on 11 January 2024
ECLI:EU:C:2024:29 |
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Judgment of the Court (Second Chamber) of 8 May 2024
ECLI:EU:C:2024:389 |
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Case C-53/23 Asociaţia 'Forumul Judecătorilor din România' and Asociaţia 'Mişcarea pentru Apărarea Statutului Procurorilor' v Parchetul de pe lângă Înalta Curte de Casaţie şi Justiţie – Procurorul General al României (Associations of judges)
Reference for a preliminary ruling – Rule of law – Judicial independence – Article 19(1) TEU – Cooperation and Verification Mechanism – Benchmarks subscribed to by Romania – Fight against corruption – Investigations of offences committed within the judicial system – Action challenging the nomination of prosecutors with competence to conduct those investigations – Standing of professional associations of judges to bring proceedings
Request for a preliminary ruling from the Curtea de Apel Piteşti
Language of the case: Romanian
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Opinion of Advocate General Collins delivered on 1 February 2024
ECLI:EU:C:2024:104 |
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Judgment of the Court (First Chamber) of 8 May 2024
ECLI:EU:C:2024:388 |
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Case C-216/23 Hauser Weinimport v Freistaat Bayern
Reference for a preliminary ruling – Approximation of laws – Agriculture – Definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products – Regulation (EU) No 251/2014 – Article 3(4) – Aromatised wine-product cocktail – Definition – Concepts of ‘alcohol’ and of ‘flavouring foodstuffs’
Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof
Language of the case: German
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Judgment of the Court (Ninth Chamber) of 8 May 2024
ECLI:EU:C:2024:393 |
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Case C-241/23 P. v Dyrektor Izby Administracji Skarbowej w Warszawie (Shares as consideration)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 73 – Supply of goods or services – In-kind contribution of property – Taxable amount – Consideration – Shares – Nominal value – Issue value
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Judgment of the Court (Seventh Chamber) of 8 May 2024
ECLI:EU:C:2024:392 |
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Case C-15/24 PPU Criminal proceedings against CH
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2013/48/EU – The right of access to a lawyer in criminal proceedings – Article 3(6)(b) – Temporary derogation from the right of access to a lawyer in exceptional circumstances – Article 9 – Waiver of the presence or assistance of a lawyer – Conditions – Article 12(2) – Respect for the rights of the defence and the fairness of the proceedings – Admissibility of evidence – Article 47 of the Charter of Fundamental Rights of the European Union – Written waiver of an illiterate suspect’s right of access to a lawyer – No explanation as to the possible consequences of waiving that right – Implications for subsequent investigative acts – Decision on an appropriate restraint measure – Assessment of evidence obtained in breach of the right of access to a lawyer
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
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Opinion of Advocate General Collins delivered on 11 April 2024
ECLI:EU:C:2024:303 |
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Judgment of the Court (First Chamber) of 14 May 2024
ECLI:EU:C:2024:399 |
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Case C-673/22 CCC v TGSS and INSS (Leave for a mother in a single-parent family)
Reference for a preliminary ruling – Social policy – Directive (EU) 2019/1158 – Balance between working life and private life of parents – Single-parent family – Equal treatment with two-parent families – Extension of maternity leave – Article 5 – Parental leave – Inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Juzgado de lo Social No 1 de Sevilla
Language of the case: Spanish
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Judgment of the Court (Seventh Chamber) of 16 May 2024
ECLI:EU:C:2024:407 |
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Case C-695/22 Fondee v Česká národní banka
Reference for a preliminary ruling – Freedom to provide services – Markets in financial instruments – Directive 2014/65/EU – Article 3 – Exemption from the application of Directive 2014/65/EU – Exempted investment intermediary – Legislation of a Member State prohibiting that intermediary from transmitting clients’ orders to an investment firm established in another Member State
Request for a preliminary ruling from the Městský soud v Praze
Language of the case: Czech
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Opinion of Advocate General Pitruzzella delivered on 14 November 2023
ECLI:EU:C:2023:865 |
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Judgment of the Court (Fifth Chamber) of 16 May 2024
ECLI:EU:C:2024:406 |
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Case C-706/22 Konzernbetriebsrat der O v Vorstand der O Holding
Reference for a preliminary ruling – European company – Regulation (EC) No 2157/2001 – Article 12(2) – Involvement of employees – Registration of the European company – Conditions – Prior implementation of the negotiation procedure on the involvement of employees referred to in Directive 2001/86/EC – European company which was established and registered without employees but which became the parent company of subsidiaries employing employees – No obligation to conduct a negotiation procedure retrospectively – Article 11 – Misuse of a European company – Deprivation of the rights of employees to employee involvement – Prohibition
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 7 December 2023
ECLI:EU:C:2023:962 |
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Judgment of the Court (Second Chamber) of 16 May 2024
ECLI:EU:C:2024:402 |
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Case C-746/22 Slovenské Energetické Strojárne v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Common system of value added tax (VAT) – Detailed rules for the refund of VAT to taxable persons not established in the Member State of refund – Directive 2008/9/EC – Article 20 – Request for additional information made by the Member State of refund – Information to be provided within a one-month period – Discontinuation of the procedure on account of failure by the taxable person to provide additional information within that time limit – Article 23 – Refusal to take account of information provided for the first time in the appeal procedure – Principle of effectiveness – Principle of VAT neutrality – Principle of good administration
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Opinion of Advocate General Szpunar delivered on 14 December 2023
ECLI:EU:C:2023:996 |
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Judgment of the Court (Second Chamber) of 16 May 2024
ECLI:EU:C:2024:403 |
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Case C-27/23 FV v Caisse pour l'avenir des enfants
Reference for a preliminary ruling – Article 45 TFEU – Freedom of movement for workers – Equal treatment – Social advantages – Regulation (EU) No 492/2011 – Article 7(2) – Family allowance – Worker having custody of a child placed with that worker by a court order – Resident worker and non-resident worker – Difference in treatment – No justification
Request for a preliminary ruling from the Cour de cassation (Luxembourg)
Language of the case: French
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Opinion of Advocate General Szpunar delivered on 25 January 2024
ECLI:EU:C:2024:87 |
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Judgment of the Court (Third Chamber) of 16 May 2024
ECLI:EU:C:2024:404 |
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Case C-222/23 Toplofikatsia Sofia (Concept of the defendant's domicile)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) No 1215/2012 – Jurisdiction and the enforcement of judgments in civil and commercial matters – Order for payment procedure – Concept of ‘domicile’ – National of a Member State having his or her permanent address in that Member State and his or her current address in another Member State – No possibility of changing or renouncing that permanent address
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
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Judgment of the Court (Fourth Chamber) of 16 May 2024
ECLI:EU:C:2024:405 |
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Case C-405/23 Touristic Aviation Services v Flightright
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Compensation for air passengers in the event of long delay of flights – Article 5(3) – Exemption from the obligation to pay compensation – Extraordinary circumstances – Shortage of staff of the airport operator providing baggage loading services
Request for a preliminary ruling from the Landgericht Köln
Language of the case: German
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Judgment of the Court (Ninth Chamber) of 16 May 2024
ECLI:EU:C:2024:408 |
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Case C-400/22 VT and UR v Conny
Reference for a preliminary ruling – Consumer protection – Directive 2011/83/EU – Article 8(2) – Distance contracts concluded by electronic means – Information requirements for the trader – Order implying an obligation to pay – Order placed by activating a button or similar function on a website – Obligation on the trader to label that button or similar function with the words ‘order with obligation to pay’ or a corresponding formulation – Conditional payment obligation
Request for a preliminary ruling from the Landgericht Berlin
Language of the case: German
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Opinion of Advocate General Pitruzzella delivered on 14 November 2023
ECLI:EU:C:2023:864 |
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Judgment of the Court (Fifth Chamber) of 30 May 2024
ECLI:EU:C:2024:436 |
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Case C-627/22 AB v Finanzamt Köln-Süd (Voluntary assessment requested by a partially taxable person)
Reference for a preliminary ruling – Agreement between the European Union and the Swiss Confederation on the free movement of persons – Worker from a Member State who has transferred his residence to Switzerland – Tax concessions – Income tax – ‘Voluntary assessment’ mechanism – Taxpayers who may benefit therefrom – Restriction to partially taxable employed persons resident in a Member State or in a State party to the Agreement on the European Economic Area (EEA) – Equal treatment
Request for a preliminary ruling from the Finanzgericht Köln
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 16 November 2023
ECLI:EU:C:2023:882 |
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Judgment of the Court (First Chamber) of 30 May 2024
ECLI:EU:C:2024:431 |
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Joined Cases C-662/22 and C-667/22 Airbnb Ireland and Amazon Services Europe v Autorità per le Garanzie nelle Comunicazioni
Reference for a preliminary ruling – Freedom to provide services – Providers of information society services – Obligation to be entered in the register of communications operators – Obligation to provide information on structure and organisation – Obligation to make a financial contribution – Directive 2000/31/EC – Coordinated field – Principle of control in the home Member State – Exemptions – Concept of measures ‘taken against a given information society service’ – Regulation (EU) 2019/1150 – Objective
Requests for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
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Opinion of Advocate General Szpunar delivered on 11 January 2024
ECLI:EU:C:2024:18 |
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Judgment of the Court (Second Chamber) of 30 May 2024
ECLI:EU:C:2024:432 |
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Case C-743/22 DISA v Agencia Estatal de la Administración Tributaria
Reference for a preliminary ruling – Taxation of energy products and electricity – Directive 2003/96/EC – Article 5 – Excise duty on mineral oils – Regional rate of excise duties on mineral oils on top of the national rate – Differentiated rates of excise duties in the territory of a Member State according to the region in which the product is consumed
Request for a preliminary ruling from the Tribunal Supremo (Supreme Court, Spain),
Language of the case: Spanish
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Opinion of Advocate General Rantos delivered on 25 January 2024
ECLI:EU:C:2024:89 |
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Judgment of the Court (Fifth Chamber) of 30 May 2024
ECLI:EU:C:2024:438 |
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Case C-130/23 P Vialto Consulting v Commission
Appeal – Instrument for Pre-Accession Assistance – Subsidies – Investigations by the European Anti-Fraud Office (OLAF) – Administrative penalties – Exclusion from public procurement procedures and from procedures for the award of grants financed from the general budget of the European Union – Publication of the exclusion on the website of the European Commission – Proportionality of the penalties – Failure to indicate the absence of a final judgment or a final administrative decision
Language of the case: Greek
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Judgment of the Court (Seventh Chamber) of 30 May 2024
ECLI:EU:C:2024:439 |
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Case C-176/23 UG v Raiffeisen Bank
Reference for a preliminary ruling – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 1(2) – Scope – Exclusion of contractual terms reflecting mandatory statutory or regulatory provisions – Supplementary agreement to a credit agreement notified by the seller or supplier to the consumer for the purpose of complying with national legislation – Article 3(2) – Contractual term which has not been individually negotiated – Failure of the consumer to sign the supplementary agreement – Presumption of tacit acceptance of that supplementary agreement – National case-law precluding the courts from reviewing whether a contractual term contained in such a supplementary agreement is unfair
Request for a preliminary ruling from the Tribunalul Specializat Mureş
Language of the case: Romanian
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Judgment of the Court (Eighth Chamber) of 30 May 2024
ECLI:EU:C:2024:443 |
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Case C-261/23 P Hengshi Egypt Fiberglass Fabrics and Jushi Egypt for Fiberglass Industry v Commission
Appeal – Dumping – Imports of certain woven and/or stitched glass fibre fabrics originating in the People’s Republic of China and Egypt – Implementing Regulation (EU) 2020/492 – Definitive anti-dumping duty – Calculation of the normal value – Regulation (EU) 2016/1036 – Article 2(5) – Calculation of costs associated with the production and sale of a product under investigation on the basis of records of the party under investigation – Costs not reasonably reflected in records – Adjustment on the basis of the costs of other producers or exporters in the same country or on any other reasonable basis – European Commission’s discretion
Language of the case: English
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Judgment of the Court (Seventh Chamber) of 30 May 2024
ECLI:EU:C:2024:440 |
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Information (on unpublished decisions)
Case C-348/23 KCB and MB v BNP Paribas Bank Polska
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 6(1) and Article 7(1) – Mortgage credit agreement in foreign currency – Unfair terms concerning the currency conversion – Invalidity of the contract – Legal effects – Condition precedent – Declaration by the consumer
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Order of the Court (Ninth Chamber) of 3 May 2024 ECLI:EU:C:2024:386 |
Case C-424/22 WN v Santander Bank Polska
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Articles 6(1) and 7(1) – Effects of a declaration that a term is unfair – Mortgage loan agreement indexed to a foreign currency, containing unfair terms concerning the valuation and the rate of exchange – Nullity of that agreement – Restitutory effects – Right of retention
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Order of the Court (Ninth Chamber) of 8 May 2024 ECLI:EU:C:2024:398 |
Case C-688/23 P Wyrębski v QC and Others
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Order of the Court (Chamber determining whether appeals may proceed) of 8 May 2024 ECLI:EU:C:2024:423 |
Case C-689/23 P Wyrębski v QC and Others
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Order of the Court (Chamber determining whether appeals may proceed) of 8 May 2024 ECLI:EU:C:2024:397 |
Case C-390/23 Rzecznik Finansowy
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Order of the Court (Seventh Chamber) of 15 May 2024 ECLI:EU:C:2024:419 |
Case C-287/23 'Entain Services (Bulgaria)' v Direktor na Direktsia 'Obzhalvane i danachno-osiguritelna praktika' Sofia pri Tsentralno upravlenie na Natsionalna agentsia za prihodite
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law – Freedom of establishment – Restrictions – Corporation tax – Taxation of dividends – Companies registered in Gibraltar
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Order of the Court (Sixth Chamber) of 16 May 2024 ECLI:EU:C:2024:418 |
Case C-332/18 P-DEP DEI v Mytilinaios
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Order of the Court (Seventh Chamber) of 17 May 2024 ECLI:EU:C:2024:422 |
Case C-190/23 Criminal proceedings against VGG and Others
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Order of the Court (Seventh Chamber) of 17 May 2024 ECLI:EU:C:2024:420 |
Case C-663/17 P-DEP ECB v Trasta Komercbanka and Others
Taxation of costs
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Order of the Court (Tenth Chamber) of 21 May 2024 ECLI:EU:C:2024:427 |
Case C-207/24 P Levantur v EUIPO
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Order of the Court (Chamber determining whether appeals may proceed) of 23 May 2024 ECLI:EU:C:2024:426 |
Case C-208/24 P Levantur v EUIPO
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Order of the Court (Chamber determining whether appeals may proceed) of 23 May 2024 ECLI:EU:C:2024:424 |
Case C-797/21 Y.Ya. v K.P. (Secondment of judges)
Reference for a preliminary ruling – Article 267 TFEU – Article 53(2) of the Rules of Procedure of the Court of Justice – Second subparagraph of Article 19(1) TEU – Rule of law – Effective judicial protection in the fields covered by EU law – Principle of judicial independence – Instruction given by a higher court to a court of first instance to rule on the costs – National provisions relating to the detailed rules for the secondment of judges to a higher court – Interpretation sought by the court of first instance – Necessity of the interpretation sought to enable the referring court to give judgment – None – Manifest inadmissibility
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Order of the Court (Tenth Chamber) of 27 May 2024 ECLI:EU:C:2024:425 |
Case C-785/22 P-OST Eulex Kosovo
Article 155 of the Rules of Procedure of the Court of Justice – Failure to adjudicate – None
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Order of the Court (Fourth Chamber) of 27 May 2024 ECLI:EU:C:2024:454 |
Case C-312/23 Addiko Bank v Agencija za zaštitu osobnih podataka
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Order of the Court (Sixth Chamber) of 27 May 2024 ECLI:EU:C:2024:458 |
Case C-446/23 Warmeston v Elering
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – State aid – Renewable energy subsidy – Construction of a combined heat and power installation – Decision C(2017) 8456 final – Amendments to the Estonian support scheme for electricity produced from renewable sources and efficient cogeneration – Recitals 42 and 43 – Concepts of ‘project’ and ‘start of works’ – Type and intensity of the scrutiny that must be conducted by the competent national authority
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Order of the Court (Sixth Chamber) of 29 May 2024 ECLI:EU:C:2024:450 |
Case C-78/24 P Cruelty Free Europe v ECHA
Appeal – Regulation (EC) No 1907/2006 (REACH) – ECHA – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 28 May 2024 ECLI:EU:C:2024:590 |
Case C-79/24 P Cruelty Free Europe v ECHA
Appeal – Regulation (EC) No 1907/2006 (REACH) – ECHA – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 28 May 2024 ECLI:EU:C:2024:430 |
Case C-720/21 Rzecznik Praw Obywatelskich (Polish extraordinary appeal)
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Order of the Court (Tenth Chamber) of 29 May 2024 ECLI:EU:C:2024:489 |
Case C-43/22 Prokurator Generalny v D.J. and Others (Polish extraordinary appeal II)
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Order of the Court (Tenth Chamber) of 29 May 2024 ECLI:EU:C:2024:459 |
Case C-353/21 P Ryanair v Commission
Appeal – State aid – Article 107(3)(b) TFEU – Finnish air-transport market – Aid granted by the Republic of Finland to an airline amid the COVID-19 pandemic – Temporary Framework for State aid measures – State guarantee for a loan – Decision by the European Commission not to raise objections – Aid intended to remedy a serious disturbance in the economy – Principles of proportionality and of non-discrimination – Freedom of establishment and freedom to provide services
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Judgment of the Court (Fourth Chamber) of 30 May 2024 ECLI:EU:C:2024:437 |
Case C-110/23 P Autoridad Portuaria de Bilbao v Commission
Appeal – State aid – Ports sector – Corporate tax exemption scheme implemented by Spain in favour of ports in the province of Biscay – Decision declaring the aid incompatible with the internal market – Existing aid – Advantage – Burden of proof – Appropriate measures
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Judgment of the Court (Eighth Chamber) of 30 May 2024 ECLI:EU:C:2024:441 |
Case C-325/23 JF and OP v Deutsche Bank Polska
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 93/13/EEC – Unfair terms in consumer contracts – Loan agreement denominated in a foreign currency containing unfair terms concerning the exchange rate risk and the exchange rate differential – Article 3(1) and (2) – Terms which have not been individually negotiated – Article 4 – Assessment of the unfairness of contractual terms – Requirement that a contractual term be drafted in plain, intelligible language – Article 6 – Consequences of a finding that a contractual term is unfair
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Order of the Court (Seventh Chamber) of 30 May 2024 ECLI:EU:C:2024:453 |
Case C-152/24 P Good Services v EUIPO
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Order of the Court (Sixth Chamber) of 31 May 2024 ECLI:EU:C:2024:457 |
Case C-153/24 P Good Services v EUIPO
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Order of the Court (Sixth Chamber) of 31 May 2024 ECLI:EU:C:2024:455 |
Case C-154/24 P Good Services v EUIPO
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Order of the Court (Sixth Chamber) of 31 May 2024 ECLI:EU:C:2024:456 |
June 2024
Case C-547/22 INGSTEEL v Úrad pre verejné obstarávanie
Reference for a preliminary ruling – Review procedures in respect of the award of public supply and public works contracts – Directive 89/665/EEC – Article 2(1)(c) – Compensation awarded to a tenderer unlawfully excluded from a procedure for the award of a public contract – Scope – Loss of opportunity
Request for a preliminary ruling from the Okresný súd Bratislava II
Language of the case: Slovak
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Opinion of Advocate General Collins delivered on 7 December 2023
ECLI:EU:C:2023:967 |
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Judgment of the Court (Fifth Chamber) of 6 June 2024
ECLI:EU:C:2024:478 |
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Case C-166/23 Naturvårdsverket v Nouryon Functional Chemicals
Reference for a preliminary ruling – Environment – Directive 2003/87/EC – Annex I, point 5 – Atmospheric pollution – Scheme for greenhouse gas emission allowance trading – Exclusion of units for the incineration of hazardous or municipal waste – Relevance of the purpose of incineration
Request for a preliminary ruling from the Svea hovrätt, Mark- och miljööverdomstolen
Language of the case: Swedish
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Judgment of the Court (Ninth Chamber) of 6 June 2024
ECLI:EU:C:2024:465 |
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Joined Cases C-255/23 and C-285/23 Criminal proceedings against AVVA and Others (Trial by videoconference in the absence of a European Investigation Order)
References for a preliminary ruling – Judicial cooperation in criminal matters – European Investigation Order – Directive 2014/41/EU – Article 24 – Hearing by videoconference or other audiovisual transmission – Criminal prosecution initiated in a Member State against a person residing in another Member State – Possibility for that person to participate in his or her trial by videoconference in the absence of a European Investigation Order
Requests for a preliminary ruling from the Ekonomisko lietu tiesa
Language of the case: Latvian
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Judgment of the Court (Sixth Chamber) of 6 June 2024
ECLI:EU:C:2024:462 |
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Case C-381/23 ZO v JS
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction in matters relating to maintenance obligations – Regulation (EC) No 4/2009 – Article 12(1) – Lis pendens – Article 13 – Related actions – Concept
Request for a preliminary ruling from the Amtsgericht Mönchengladbach-Rheydt
Language of the case: German
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Judgment of the Court (Ninth Chamber) of 6 June 2024
ECLI:EU:C:2024:467 |
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Case C-646/21 K and L v Staatssecretaris van Justitie en Veiligheid (Women identifying with the value of gender equality)
Reference for a preliminary ruling – Area of freedom, security and justice – Common asylum policy – Directive 2011/95/EU – Qualification for refugee status – Article 2(d) and (e) – Reasons for persecution – Article 10(1)(d) and (2) – ‘Membership of a particular social group’ – Article 4 – Individual assessment of the facts and circumstances – Directive 2013/32/EU – Article 10(3) – Requirements for the examination of applications for international protection – Article 24(2) of the Charter of Fundamental Rights of the European Union – Best interests of the child – Determination – Third-country nationals who are minors and who identify with the fundamental value of equality between women and men by reason of their stay in a Member State
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats 's-Hertogenbosch
Language of the case: Dutch
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Opinion of Advocate General Collins delivered on 13 July 2023
ECLI:EU:C:2023:581 |
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Judgment of the Court (Grand Chamber) of 11 June 2024
ECLI:EU:C:2024:487 |
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Case C-221/22 P Commission v Deutsche Telekom
Appeal – Competition – Articles 266 and 340 TFEU – Judgment reducing the amount of a fine imposed by the European Commission – Repayment by the Commission of the amount unduly collected – Obligation to pay interest – Characterisation – Compensation at a standard rate for loss of enjoyment of the unduly paid amount of the fine – Rate applicable
Language of the case: German
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Opinion of Advocate General Collins delivered on 23 November 2023
ECLI:EU:C:2023:906 |
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Judgment of the Court (Grand Chamber) of 11 June 2024
ECLI:EU:C:2024:488 |
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Case C-123/22 Commission v Hungary (Reception of applicants for international protection II)
Failure of a Member State to fulfil obligations – Area of freedom, security and justice – Directives 2008/115/EC, 2013/32/EU and 2013/33/EU – Procedure for granting international protection – Effective access – Border procedure – Procedural safeguards – Return of illegally staying third-country nationals – Appeals brought against administrative decisions rejecting an application for international protection – Right to remain in the territory – Judgment of the Court establishing a failure to fulfil obligations – Non-compliance – Article 260(2) TFEU – Financial penalties – Proportionality and dissuasiveness – Lump sum – Periodic penalty payment
Language of the case: Hungarian
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Judgment of the Court (Fourth Chamber) of 13 June 2024
ECLI:EU:C:2024:493 |
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Joined Cases C-331/22 and C-332/22 KT and Others v Dirección General de la Función Pública, adscrita al Departamento de la Presidenia de la Generalitat de Catalunya and Departamento de Justicia de la Generalitat de Catalunya
References for a preliminary ruling – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Fixed-term employment contracts in the public sector – Interim civil servants – Clause 5 – Measures to prevent and penalise the improper use of successive fixed-term employment contracts or relationships
Requests for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo n.º 17 de Barcelona
Language of the case: Spanish
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Judgment of the Court (Sixth Chamber) of 13 June 2024
ECLI:EU:C:2024:496 |
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Case C-533/22 Adient v Agenţia Naţională de Administrare Fiscală and Agenţia Naţională de Administrare Fiscală – Direcţia Generală Regională a Finanţelor Publice Ploieşti
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 44 – Implementing Regulation (EU) No 282/2011 – Article 11(1) – Place of supply of services – Concept of a ‘fixed establishment’ – Ability, in terms of human and technical resources, to receive and use the services for its own needs – Services for the manufacture of car seat covers performed by one company on behalf of another company, belonging to the same group and established in another Member State’
Request for a preliminary ruling from the Tribunalul Argeş
Language of the case: Romanian
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Opinion of Advocate General Kokott delivered on 1 February 2024
ECLI:EU:C:2024:106 |
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Judgment of the Court (Tenth Chamber) of 13 June 2024
ECLI:EU:C:2024:501 |
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Case C-563/22 SN and LN v Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite (Refugee status of Palestinian stateless persons)
Reference for a preliminary ruling – Common policy on asylum and subsidiary protection – Directive 2011/95/EU – Article 12 – Exclusion from being a refugee – Person registered with the United Nations Relief and Works Agency (for Palestine Refugees in the Near East) (UNRWA) – Conditions for that person to be entitled ipso facto to the benefits of Directive 2011/95/EU – Cessation of UNRWA’s protection or assistance – Article 4 – General situation prevailing in a sector of UNRWA’s area of operations – Individual assessment of relevant elements – Directive 2013/32/EU – Article 40 – Subsequent application for international protection – New elements – Elements already examined in the final decision on the previous application
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
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Opinion of Advocate General Emiliou delivered on 11 January 2024
ECLI:EU:C:2024:33 |
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Judgment of the Court (Fourth Chamber) of 13 June 2024
ECLI:EU:C:2024:494 |
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Case C-696/22 C v AJFP Cluj and DGRFP Cluj-Napoca (Court-appointed administrators and liquidators)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 64(1) and (2) – Applicability – Services of court-appointed administrators and liquidators – Continuous supply of services – Article 168(a) – Deduction of input VAT – Expenditure relating to the right to use a trade name – Rights of the defence – Right to be heard
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
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Judgment of the Court (Ninth Chamber) of 13 June 2024
ECLI:EU:C:2024:499 |
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Case C-731/22 IJ und PO and IJ v Agrarmarkt Austria
Reference for a preliminary ruling – Agriculture – Common agricultural policy (CAP) – Support schemes – Direct payments to farmers – Regulation (EU) No 1307/2013 – Article 4(1)(b) and (c) – Concept of ‘holding’ – Management by a farmer – Concept of ‘agricultural activity’ – Article 33(1) – Concept of ‘agricultural area at the farmer’s disposal on a date fixed by the Member State’, for the purposes of the activation of payment entitlements – Seasonal handover, in return for a fee, of parcels of land owned by the farmer to users who are responsible for the maintenance of those parcels and for the harvest
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 13 June 2024
ECLI:EU:C:2024:503 |
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Case C-737/22 Staten og Kommunernes Indkøbsservice v BibMedia
Reference for a preliminary ruling – Award of public works, public supply and public service contracts – Directive 2014/24/EU – Article 18 – Principles of equal treatment and transparency – Article 46 – Division of a contract into lots – Opportunity for the tenderer which submitted the second most economically advantageous tender to be awarded a lot on the terms of the most economically advantageous tender
Request for a preliminary ruling from the Østre Landsret
Language of the case: Danish
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Judgment of the Court (Fourth Chamber) of 13 June 2024
ECLI:EU:C:2024:495 |
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Case C-40/23 P Commission v Netherlands (Appréciation de compatibilité d’une mesure non qualifiée d’aide d’État)
Appeal – State aid – Law prohibiting the use of coal for the production of electricity – Early closure of a coal-powered power plant – Award of compensation – Decision declaring the measure compatible with the internal market without stating whether State aid exists – Exercise of the European Commission’s powers
Language of the case: Dutch
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 22 February 2024
ECLI:EU:C:2024:153 |
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Judgment of the Court (Second Chamber) of 13 June 2024
ECLI:EU:C:2024:492 |
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Case C-62/23 Pedro Francisco v Subdelegación del Gobierno en Barcelona
Reference for a preliminary ruling – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Directive 2004/38/EC – Article 27 – Restrictions on the right of entry and the right of residence on grounds of public policy, public security or public health – Conduct representing a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society – Refusal to issue a temporary residence card of a family member of a Union citizen due to a police record – Unfavourable police report due to arrest
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo n° 5 de Barcelona
Language of the case: Spanish
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Judgment of the Court (Tenth Chamber) of 13 June 2024
ECLI:EU:C:2024:502 |
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Case C-104/23 A GmbH & Co. KG v Hauptzollamt B
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Classification of goods – Combined Nomenclature – Tariff heading 9406 00 – Prefabricated buildings – Scope of the concept of ‘building’ – Calf hutches – Request for classification under subheading 9406 00 80 – Classified under subheading 3926 90 97
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Opinion of Advocate General Collins delivered on 18 January 2024
ECLI:EU:C:2024:66 |
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Judgment of the Court (Tenth Chamber) of 13 June 2024
ECLI:EU:C:2024:504 |
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Case C-229/23 Criminal proceedings against HYA and Others
Reference for a preliminary ruling – Telecommunications sector – Processing of personal data and the protection of privacy – Directive 2002/58/EC – Article 15(1) – Restriction of the confidentiality of electronic communications – Judicial decision authorising listening, tapping and storage in respect of telephone conversations of persons suspected of having committed a serious intentional offence – National legislation requiring that that decision must itself contain an express statement of reasons in writing, irrespective of the existence of a reasoned application made by the criminal authorities – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Obligation to state reasons
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
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Judgment of the Court (Tenth Chamber) of 13 June 2024
ECLI:EU:C:2024:505 |
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Case C-266/23 A. v Dyrektor Izby Administracji Skarbowej w Bydgoszczy (Actual cost of energy)
Reference for a preliminary ruling – Directive 2003/96/EC – Article 2(4)(b), third indent – Article 17(1)(a) – Excise duty – Taxation of energy products and electricity – Electricity used in electrolysis – Tax reductions on the consumption of energy products and electricity for energy-intensive businesses – Purchase of energy products and electricity – Actual cost of energy purchased – Distribution tariffs – Criteria for exemption – Principle of equality and non-discrimination
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Judgment of the Court (Tenth Chamber) of 13 June 2024
ECLI:EU:C:2024:506 |
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Case C-385/23 Matkustaja A v Finnair (Fuel gauge design defect)
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(3) – Compensation for passengers in the event of long delay or cancellation of flights – Exemption from the obligation to pay compensation – Extraordinary circumstances – Technical failures caused by a hidden design defect revealed by the manufacturer after cancellation of the flight – System for measuring the quantity of fuel in the aircraft
Request for a preliminary ruling from the Korkein oikeus
Language of the case: Finnish
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Judgment of the Court (Eighth Chamber) of 13 June 2024
ECLI:EU:C:2024:497 |
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Case C-411/23 D. v P. (Engine design defect)
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 5(3) – Compensation for passengers in the event of long delay or cancellation of flights – Exemption from the obligation to pay compensation – Extraordinary circumstances – Reasonable preventive measures – Technical failures caused by a hidden design defect – Design defect affecting an aircraft engine – Obligation of the air carrier to have back-up aircraft
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
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Judgment of the Court (Eighth Chamber) of 13 June 2024
ECLI:EU:C:2024:498 |
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Case C-352/22 A. (Request for the extradition of a refugee to Türkiye)
Reference for a preliminary ruling – Area of freedom, security and justice – Directive 2011/95/EU – Article 21(1) – Directive 2013/32/EU – Article 9(2) and (3) – Definitive grant of refugee status by a Member State – Refugee residing in another Member State after that grant – Request for extradition submitted by the third State of origin of that refugee to the Member State of residence – Effect of the decision granting refugee status on the extradition procedure concerned – Article 18 and Article 19(2) of the Charter of Fundamental Rights of the European Union – Protection of that refugee against the extradition sought
Request for a preliminary ruling from the Oberlandesgericht Hamm
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 19 October 2023
ECLI:EU:C:2023:794 |
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Judgment of the Court (Grand Chamber) of 18 June 2024
ECLI:EU:C:2024:521 |
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Case C-551/22 P Commission v SRB
Appeal – Economic and monetary policy – Banking Union – Regulation (EU) No 806/2014 – Single resolution mechanism – Resolution procedure applicable where an entity is failing or is likely to fail – Article 18(7) – Adoption by the Single Resolution Board of a resolution scheme – Endorsement of that scheme by the European Commission – Article 86(2) – Act against which proceedings may be brought – Action for annulment – Admissibility
Language of the case: Spanish
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Opinion of Advocate General Ćapeta delivered on 9 November 2023
ECLI:EU:C:2023:846 |
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Judgment of the Court (Grand Chamber) of 18 June 2024
ECLI:EU:C:2024:520 |
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Case C-753/22 QY v Bundesrepublik Deutschland (Effect of a decision granting refugee status)
Reference for a preliminary ruling – Area of freedom, security and justice – Common procedures for granting and withdrawing international protection – Directive 2013/32/EU – Article 33(2)(a) – No possibility for the authorities of a Member State to reject an application for asylum as inadmissible on the ground that refugee status was previously granted in another Member State – Article 4 of the Charter of the Fundamental Rights of the European Union – Risk of being subjected to inhuman or degrading treatment in that other Member State – Examination by those authorities of that application for asylum despite the granting of refugee status in that other Member State – Directive 2011/95/EU – Article 4 – Individual examination
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
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Opinion of Advocate General Medina delivered on 25 January 2024
ECLI:EU:C:2024:82 |
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Judgment of the Court (Grand Chamber) of 18 June 2024
ECLI:EU:C:2024:524 |
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Case C-801/21 P EUIPO v Indo European Foods
Appeal – EU trade mark – Application for EU figurative mark Abresham Super Basmati Selaa Grade One World’s Best Rice – Earlier non-registered United Kingdom word mark BASMATI – Regulation (EC) No 207/2009 – Article 8(4) – Regulation (EU) 2017/1001 – Article 72 – Relative ground for refusal – Opposition – Appeal before the Board of Appeal – Dismissal – Action before the General Court – Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community – Articles 126 and 127 – Transition period – Effects of the end of the transition period on the protection of the earlier mark – Circumstances after the adoption of the decision at issue – Continuance of the purpose of the action and of the interest in bringing proceedings
Language of the case: English
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Opinion of Advocate General Szpunar delivered on 23 November 2023
ECLI:EU:C:2023:915 |
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Judgment of the Court (Fifth Chamber) of 20 June 2024
ECLI:EU:C:2024:528 |
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Case C-85/22 Commission v Bulgaria (Protection of special areas of conservation)
Failure of a Member State to fulfil obligations – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 4(4) and Article 6(1) – Failure to designate special areas of conservation, conservation objectives and conservation measures
Language of the case: Bulgarian
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Judgment of the Court (Seventh Chamber) of 20 June 2024
ECLI:EU:C:2024:535 |
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Joined Cases C-182/22 and C-189/22 JU and SO v Scalable Capital
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 82 – Right to compensation for damage caused by data processing that infringes that regulation – Concept of ‘non-material damage’ – Compensation of a punitive nature or purely in respect of damages and satisfaction – Minimal or symbolic compensation – Theft of personal data stored on a trading application – Identity theft or fraud
Request for a preliminary ruling from the Amtsgericht München
Language of the case: German
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Opinion of Advocate General Collins delivered on 26 October 2023
ECLI:EU:C:2023:820 |
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Judgment of the Court (Third Chamber) of 20 June 2024
ECLI:EU:C:2024:531 |
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Case C-540/22 SN and Others v Staatssecretaris van Justitie en Veiligheid (Posting of third-country workers)
Reference for a preliminary ruling – Freedom to provide services – Articles 56 and 57 TFEU – Posting of third-country workers by an undertaking of one Member State to carry out works in another Member State – Duration exceeding 90 days in a 180-day period – Obligation for the posted third-country workers to be holders of residence permits in the host Member State in the event that services are provided for more than three months – Limitation of the period of validity of the residence permits issued – Amount of the fees relating to the application for a residence permit – Restriction on the freedom to provide services – Overriding reasons in the public interest – Proportionality
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Middelburg
Language of the case: Dutch
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Opinion of Advocate General Rantos delivered on 30 November 2023
ECLI:EU:C:2023:937 |
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Judgment of the Court (Fifth Chamber) of 20 June 2024
ECLI:EU:C:2024:530 |
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Case C-590/22 AT and BT v PS and Others (Incorrect address)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 82(1) – Right to compensation for damage caused by data processing which infringes that regulation – Concept of ‘non-material damage’ – Impact of the seriousness of the damage suffered – Assessment of the amount of compensation – Claim for compensation for non-material damage based on fear – Inapplicability of the criteria laid down for administrative fines in Article 83 – Dissuasive function – Assessment where that regulation and national law are infringed simultaneously
Request for a preliminary ruling from the Amtsgericht Wesel
Language of the case: German
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Judgment of the Court (Third Chamber) of 20 June 2024
ECLI:EU:C:2024:536 |
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Case C-35/23 Père v Mère
Reference for a preliminary ruling – Judicial cooperation in civil matters – Parental responsibility – Regulation (EC) No 2201/2003 – Articles 10 and 11 – Jurisdiction in cases of the wrongful removal of a child – Child’s habitual residence in a Member State before the wrongful removal – Return procedure between a third country and a Member State – Concept of ‘request for return’ – The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction
Request for a preliminary ruling from the Oberlandesgericht Frankfurt am Main
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 8 February 2024
ECLI:EU:C:2024:130 |
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Judgment of the Court (Fourth Chamber) of 20 June 2024
ECLI:EU:C:2024:532 |
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Case C-135/23 GEMA v GL
Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Directive 2001/29/EC – Article 3(1) – Communication to the public – Concept – Mere provision of physical facilities – Provision in apartments of television sets equipped with an indoor antenna enabling signals to be picked up and broadcasts to be made – Profit-making nature – Principle of technological neutrality
Request for a preliminary ruling from the Amtsgericht Potsdam
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 22 February 2024
ECLI:EU:C:2024:151 |
|
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Judgment of the Court (First Chamber) of 20 June 2024
ECLI:EU:C:2024:526 |
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Case C-296/23 Zentrale zur Bekämpfung unlauteren Wettbewerbs v dm-drogerie markt
Reference for a preliminary ruling – Approximation of laws – Biocidal products – Regulation (EU) No 528/2012 – Article 72 – Disinfectant containing biocidal products – Advertising restrictions – Concept of ‘any similar indication’ – Purpose of ensuring a high level of protection of both human and animal health and the environment
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Judgment of the Court (First Chamber) of 20 June 2024
ECLI:EU:C:2024:527 |
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Case C-367/23 EA v Artemis security
Reference for a preliminary ruling – Protection of the safety and health of workers – Organisation of working time – Directive 2003/88/EC – Article 9(1)(a) – Obligation to assess the health of night workers – Employer’s failure to comply with that obligation – Right to compensation – Need to establish the existence of specific harm
Request for a preliminary ruling from the Cour de cassation (France)
Language of the case: French
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Judgment of the Court (Second Chamber) of 20 June 2024
ECLI:EU:C:2024:529 |
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Case C-420/23 FAURÉCIA v Autoridade Tributária e Aduaneira
Reference for a preliminary ruling – Taxation – Article 63 TFEU – Free movement of capital – Stamp duty – Short-term cash transactions – Resident and non-resident borrowers – Difference in treatment – Restriction
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
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Judgment of the Court (Sixth Chamber) of 20 June 2024
ECLI:EU:C:2024:534 |
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Case C-626/22 C. Z. and Others v Ilva and Others
Reference for a preliminary ruling – Environment – Article 191 TFEU – Industrial emissions – Directive 2010/75/EU – Integrated pollution prevention and control – Articles 1, 3, 8, 11, 12, 14, 18, 21 and 23 – Articles 35 and 37 of the Charter of Fundamental Rights of the European Union – Procedures for the grant and reconsideration of a permit to operate an installation – Measures for the protection of the environment and human health – Right to a clean, healthy and sustainable environment
Request for a preliminary ruling from the Tribunale di Milano
Language of the case: Italian
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Opinion of Advocate General Kokott delivered on 14 December 2023
ECLI:EU:C:2023:990 |
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Judgment of the Court (Grand Chamber) of 25 June 2024
ECLI:EU:C:2024:542 |
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Case C-176/19 P Commission v Servier and Others
Appeal – Competition – Pharmaceutical products – Market for perindopril – Article 101 TFEU – Agreements, decisions and concerted practices – Market sharing – Potential competition – Restriction of competition by object – Strategy to delay the market entry of generic versions of perindopril – Patent dispute settlement agreement – Patent licence agreement – Technology assignment and licence agreement – Article 102 TFEU – Relevant market – Abuse of dominant position
Language of the case: French
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Opinion of Advocate General Kokott delivered on 14 July 2022
ECLI:EU:C:2022:576 |
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Judgment of the Court (First Chamber) of 27 June 2024
ECLI:EU:C:2024:549 |
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Case C-201/19 P Servier and Others v Commission
Appeal – Competition – Pharmaceutical products – Market for perindopril – Article 101 TFEU – Agreements, decisions and concerted practices – Potential competition – Restriction of competition by object – Strategy to delay the market entry of generic versions of perindopril – Patent dispute settlement agreement – Duration of the infringement – Concept of a single infringement – Annulment or reduction of the fine
Language of the case: French
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Opinion of Advocate General Kokott delivered on 14 July 2022
ECLI:EU:C:2022:577 |
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Judgment of the Court (First Chamber) of 27 June 2024
ECLI:EU:C:2024:552 |
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Case C-41/23 AV and Others v Ministero della Giustizia
Reference for a preliminary ruling – Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 2 and 4 – Principle of non-discrimination – Equal treatment in employment and occupation – Honorary members of the judiciary and ordinary members of the judiciary – Clause 5 – Measures intended to penalise improper use of fixed-term contracts – Directive 2003/88/EC – Article 7 – Paid annual leave
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Sixth Chamber) of 27 June 2024
ECLI:EU:C:2024:554 |
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Case C-148/23 Gestore dei Servizi Energetici v Erg Eolica Ginestra and Others
Reference for a preliminary ruling – Environment – Directive 2009/28/EC – Article 1 – Article 3(3)(a) – Principles of legal certainty and the protection of legitimate expectations – Charter of Fundamental Rights of the European Union – Article 16 – Promotion of the use of energy from renewable sources – Alteration of the applicable support scheme – Grant of the aid concerned subject to the conclusion of contracts
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Seventh Chamber) of 27 June 2024
ECLI:EU:C:2024:555 |
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Case C-168/23 Prysmian Cabluri şi Sisteme v Agenţia Naţională de Administrare Fiscală – Direcţia Generală Regională a Finanţelor Publice Craiova and Others
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Combined Nomenclature – Tariff classification – Optical fibre cables – Subheadings 8544 70 00 and 9001 10 90 – Amendment of the Explanatory Notes to the Combined Nomenclature – Principles of legal certainty and protection of legitimate expectations
Request for a preliminary ruling from the Tribunalul Olt
Language of the case: Romanian
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Judgment of the Court (Eighth Chamber) of 27 June 2024
ECLI:EU:C:2024:557 |
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Case C-284/23 TC v Haus Jacobus
Reference for a preliminary ruling – Social policy – Measures to encourage improvements in the safety and health of pregnant workers and workers who have recently given birth or are breastfeeding – Directive 92/85/EEC – Prohibition of dismissal – Worker who became aware of her pregnancy after the expiry of the time limit for bringing an action challenging her dismissal – Option to bring such an action subject to the making of a request for leave to bring an action out of time within two weeks – Right to effective judicial protection – Principle of effectiveness
Request for a preliminary ruling from the Arbeitsgericht Mainz
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 27 June 2024
ECLI:EU:C:2024:558 |
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Information (on unpublished decisions)
Case C-103/23 P Trasta Komercbanka v ECB
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Article 19 of the Statute of the Court of Justice of the European Union – Representation of the parties – No independent representative – Manifest inadmissibility
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Order of the Court (Tenth Chamber) of 3 June 2024 ECLI:EU:C:2024:483 |
Case C-659/23 P LD v EUIPO
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Officials – Staff Regulations of Officials of the European Union – Article 42c – Placement on leave in the interests of the service – Withdrawal of rights and privileges – Article 90 of the Statute – Concept of ‘decision’ and ‘complaint’ – Period for lodging an appeal – Inadmissibility
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Order of the Court (Ninth Chamber) of 4 June 2024 ECLI:EU:C:2024:481 |
Case C-441/21 P Ryanair v Commission
Appeal – State aid – Article 107(3)(b) TFEU – Aid scheme notified by the Kingdom of Spain – Recapitalisation fund to support strategic undertakings amid the COVID-19 pandemic – Temporary Framework for State aid measures – Decision by the European Commission not to raise objections – Aid to remedy a serious disturbance in the economy – Principles of proportionality and non-discrimination – Freedom of establishment and freedom to provide services
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Judgment of the Court (Fourth Chamber) of 6 June 2024 ECLI:EU:C:2024:477 |
Joined Cases C-156/24, C-157/24 and C-183/24 STM and Others v Ministero della Giustizia
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Order of the President of the Court of 12 June 2024 ECLI:EU:C:2024:525 |
Joined Cases C-244/24 and C-290/24 P and Others v Staatssecretaris van Justitie en Veiligheid
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Order of the President of the Court of 12 June 2024 ECLI:EU:C:2024:491 |
Case C-380/23 UN v État belge
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Judgment of the Court (Sixth Chamber) of 13 June 2024 ECLI:EU:C:2024:500 |
Case C-165/24 P OmniActive Health Technologies v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 14 June 2024 ECLI:EU:C:2024:516 |
Case C-599/23 QP v Natsionalna agentsia za prihodite and Others
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Directive 95/46/EC – Processing of personal data in the context of enforcement proceedings – Requirement to present the factual and regulatory context of the dispute in the main proceedings – Requirement to state the reasons justifying the need for a reply from the Court and the link between the provisions of European Union law whose interpretation is sought and the applicable national legislation – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Seventh Chamber) of 17 June 2024 ECLI:EU:C:2024:518 |
Case C-252/23 P Euranimi v Commission
Appeal – Commercial policy – Dumping – Imports of stainless steel cold-rolled flat products originating in India and Indonesia – Definitive anti-dumping duties – Action for annulment – Association of undertakings representing the interests of importers – Fourth paragraph of Article 263 TFEU – Condition that the applicant must be directly and individually concerned – Regulatory act entailing implementing measures
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Judgment of the Court (Ninth Chamber) of 20 June 2024 ECLI:EU:C:2024:538 |
Case C-463/23 Agenzia Entrate, Direzione Provinciale Roma 1 v Lamaro Appalti
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Order of the Court (Seventh Chamber) of 20 June 2024 ECLI:EU:C:2024:544 |
Case C-810/23 Prokurator Generalny
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Definition of ‘court or tribunal’ – Izba Kontroli Nadzwyczajnej i Spraw Publicznych (Extraordinary Review and Public Affairs Chamber) of the Sąd Najwyższy (Supreme Court, Poland) – Reference for a preliminary ruling from an adjudicating panel which does not have the status of an independent and impartial tribunal previously established by law – Manifest inadmissibility
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Order of the Court (Seventh Chamber) of 21 June 2024 ECLI:EU:C:2024:543 |
Case C-64/24 Criminal proceedings against ML and Others
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Order of the Court (Seventh Chamber) of 24 June 2024 ECLI:EU:C:2024:540 |
Case C-401/23 CARCDSF v E... D...
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Order of the Court (Sixth Chamber) of 25 June 2024 ECLI:EU:C:2024:564 |
Case C-763/23 Direcţia Generală Regională a Finanţelor Publice Iaşi and Direcţia Generală Regională a Finanţelor Publice Iaşi - Administraţia Judeţeană a Finanţelor Publice Bacău v Dragoram Tour
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Order of the Court (Ninth Chamber) of 25 June 2024 ECLI:EU:C:2024:591 |
Case C-144/19 P Lupin v Commission
Appeal – Competition – Pharmaceutical products – Market for perindopril – Article 101 TFEU – Agreements, decisions and concerted practices – Potential competition – Restriction of competition by object – Strategy to delay the market entry of generic versions of perindopril – Patent dispute settlement agreement
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Judgment of the Court (First Chamber) of 27 June 2024 ECLI:EU:C:2024:545 |
Case C-151/19 P Commission v KRKA
Appeal – Competition – Pharmaceutical products – Market for perindopril – Article 101 TFEU – Agreements, decisions and concerted practices – Market sharing – Potential competition – Restriction of competition by object – Strategy to delay the market entry of generic versions of perindopril – Patent dispute settlement agreement – Patent licence agreement – Technology assignment and licence agreement
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Judgment of the Court (First Chamber) of 27 June 2024 ECLI:EU:C:2024:546 |
Case C-164/19 P Niche Generics v Commission
Appeal – Competition – Pharmaceutical products – Market for perindopril – Article 101 TFEU – Agreements, decisions and concerted practices – Potential competition – Restriction of competition by object – Strategy to delay the market entry of generic versions of perindopril – Patent dispute settlement agreement
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Judgment of the Court (First Chamber) of 27 June 2024 ECLI:EU:C:2024:547 |
Case C-166/19 P Unichem Laboratories v Commission
Appeal – Competition – Pharmaceutical products – Market for perindopril – Article 101 TFEU – Agreements, decisions and concerted practices – Potential competition – Restriction of competition by object – Strategy to delay the market entry of generic versions of perindopril – Patent dispute settlement agreement
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Judgment of the Court (First Chamber) of 27 June 2024 ECLI:EU:C:2024:548 |
Case C-197/19 P Mylan Laboratories and Mylan v Commission
Appeal – Competition – Pharmaceutical products – Market for perindopril – Article 101 TFEU – Agreements, decisions and concerted practices – Potential competition – Restriction of competition by object – Strategy to delay the market entry of generic versions of perindopril – Patent dispute settlement agreement
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Judgment of the Court (First Chamber) of 27 June 2024 ECLI:EU:C:2024:550 |
Case C-198/19 P Teva UK and Others v Commission
Appeal – Competition – Pharmaceutical products – Market for perindopril – Article 101 TFEU – Agreements, decisions and concerted practices – Potential competition – Restriction of competition by object – Strategy to delay the market entry of generic versions of perindopril – Patent dispute settlement agreement
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Judgment of the Court (First Chamber) of 27 June 2024 ECLI:EU:C:2024:551 |
Case C-207/19 P Biogaran v Commission
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Judgment of the Court (First Chamber) of 27 June 2024 ECLI:EU:C:2024:553 |
Case C-225/23 FR v Nemzeti Adó-és Vámhivatal Fellebbviteli Igazgatósága
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Freedom of establishment – Fourth Directive 78/660/EEC – Annual accounts of certain types of companies – Scope – Personal taxpayer – Determination of the tax base
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Order of the Court (Sixth Chamber) of 27 June 2024 ECLI:EU:C:2024:567 |
Case C-332/24 P(R) ID Parti v Authority for European Political Parties and European Political Foundations
Appeal – Interim relief – Statute and funding of European political parties and European political foundations – Decision imposing a financial sanction on a political party – No urgency – Financial loss – Influence on the electoral process – Burden of proof
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Order of the Vice-President of the Court of 27 June 2024 ECLI:EU:C:2024:566 |
July 2024
Case C-425/22 MOL v Mercedes-Benz Group
Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 7(2) – Jurisdiction in tort, delict or quasi-delict – Place where the damage occurred – Cartel declared contrary to Article 101 TFEU and Article 53 of the Agreement on the European Economic Area – Subsidiaries established in different Member States – Direct damage exclusively suffered by subsidiaries – Action for damages from the parent company – Concept of ‘economic unit’
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
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Opinion of Advocate General Emiliou delivered on 8 February 2024
ECLI:EU:C:2024:131 |
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Judgment of the Court (Fifth Chamber) of 4 July 2024
ECLI:EU:C:2024:578 |
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Case C-450/22 Caixabank and Others v Adicae and Others (Review of transparency in collective actions)
Reference for a preliminary ruling – Unfair terms in consumer contracts – Directive 93/13/EEC – Mortgage loan agreements – Clauses limiting the variation of the interest rates – ‘Floor’ clauses – Collective action seeking an order to cease and desist from using those clauses and reimbursement of the payments made in that respect, involving a significant number of sellers or suppliers and consumers – Plain and intelligible nature of those clauses – Concept of the ‘average consumer who is reasonably well informed and reasonably observant and circumspect’
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Opinion of Advocate General Medina delivered on 18 January 2024
ECLI:EU:C:2024:64 |
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Judgment of the Court (Fourth Chamber) of 4 July 2024
ECLI:EU:C:2024:577 |
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Case C-538/22 SB v Agrárminiszter (Taux de vêlage)
Reference for a preliminary ruling – Agriculture – Common Agricultural Policy – Regulation (EU) No 1307/2013 – Article 52 – Delegated Regulation (EU) No 639/2014 – Article 53(1) – Definition of eligibility criteria for coupled support measures – Competence of the Member States – Delegated Regulation (EU) No 640/2014 – Points 16 and 18 of the second subparagraph of Article 2(1) – Distinction between ‘declared animals’ and ‘animals determined’ – Article 30(3) – Support calculated on the basis of animals determined – Article 31(1) to (3) – Administrative penalties for non-compliance among declared animals – Application for coupled support linked to the keeping of suckler cows – Calving rate set in national regulations not reached by all declared animals – Rate achieved by a smaller number of those animals – National practice refusing support
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Opinion of Advocate General Kokott delivered on 30 November 2023
ECLI:EU:C:2023:938 |
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Judgment of the Court (Sixth Chamber) of 4 July 2024
ECLI:EU:C:2024:568 |
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Case C-708/22 Asoprovac v Administración General del Estado
Reference for a preliminary ruling – Direct payments to farmers under support schemes within the framework of the common agricultural policy – Financing, management and monitoring of the common agricultural policy – Permanent public grassland – Conditions for access to direct payments for farmers – Animals must belong to the farmers’ own agricultural holding
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Judgment of the Court (Eighth Chamber) of 4 July 2024
ECLI:EU:C:2024:573 |
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Case C-760/22 FP and Others v Sofiyska gradska prokuratura (Procès par visioconférence)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/343 – Right to be present at the trial – Possibility for an accused person to participate in the hearings in his or her trial by videoconference
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
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Opinion of Advocate General Medina delivered on 18 April 2024
ECLI:EU:C:2024:328 |
|
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Judgment of the Court (First Chamber) of 4 July 2024
ECLI:EU:C:2024:574 |
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Case C-5/23 P EUIPO v KD
Appeal – Civil service – Members of the temporary staff – Staff report – Obligation to state reasons – Duty to have regard for the welfare of officials – Action for annulment and for damages
Language of the case: English
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Judgment of the Court (Ninth Chamber) of 4 July 2024
ECLI:EU:C:2024:575 |
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Case C-70/23 P Westfälische Drahtindustrie and Pampus Industriebeteiligungen v Commission
Appeal – Competition – Agreements, decisions and concerted practices – European market for prestressing steel – Decision finding an infringement of Article 101 TFEU and Article 53 of the Agreement on the European Economic Area (EEA) – Judgment annulling the decision in part and fixing a fine in an amount identical to the amount of the fine initially imposed – Application of payments made on a provisional basis – Decision of the European Commission on the outstanding balance of the fine – Due date for payment of a fine, the amount of which has been fixed by the EU judicature, in the exercise of its unlimited jurisdiction
Language of the case: German
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Opinion of Advocate General Rantos delivered on 1 February 2024
ECLI:EU:C:2024:105 |
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Judgment of the Court (Fifth Chamber) of 4 July 2024
ECLI:EU:C:2024:580 |
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Case C-87/23 Latvijas Informācijas un komunikācijas tehnoloģijas asociācija v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Taxation – Value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Supply of services for consideration – Article 9(1) – Concepts of ‘taxable person’ and ‘economic activity’ – Non-profit association carrying out projects financed by the European Regional Development Fund (ERDF) – Supply of training services through subcontractors – Inclusion of the amount of the subsidy in the taxable amount – Article 73
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
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Opinion of Advocate General Kokott delivered on 7 March 2024
ECLI:EU:C:2024:222 |
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Judgment of the Court (Seventh Chamber) of 4 July 2024
ECLI:EU:C:2024:570 |
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Case C-179/23 Credidam v Guvernul României and Ministerul Finanțelor
Reference for a preliminary ruling – Value added tax (VAT) – Directive 2006/112/EC – Taxable transactions – Supply of services for consideration – Management fees collected by a collective management organisation for copyright and related rights for the collection, distribution and payment of remuneration due to rightholders – Remuneration not forming part of a taxable transaction
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
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Judgment of the Court (Seventh Chamber) of 4 July 2024
ECLI:EU:C:2024:571 |
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Case C-283/23 Criminal proceedings against Procureur du Roi
Reference for a preliminary ruling – Harmonisation of laws – Transport – Road transport – Directive 2014/31/EU – Scope – Non-automatic weighing instruments for the purpose of determining the mass of vehicles – Use of weighing instruments for the purposes of applying national criminal legislation
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
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Judgment of the Court (Sixth Chamber) of 4 July 2024
ECLI:EU:C:2024:569 |
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Case C-375/23 EN v Udlændingenævnet
Reference for a preliminary ruling – EEC-Turkey Association Agreement – Decision No 1/80 – Article 13 – Standstill clause – Scope – Concept of ‘new restriction’ – National legislation introducing more restrictive conditions for obtaining a permanent residence permit
Request for a preliminary ruling from the Højesteret
Language of the case: Danish
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Judgment of the Court (Seventh Chamber) of 4 July 2024
ECLI:EU:C:2024:572 |
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Case C-786/23 P Tomac v Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Article 265 TFEU – Action for failure to act – Full application of the provisions of the Schengen acquis in Romania – Obligation to adopt a decision pursuant to the Act concerning the conditions of accession to the European Union of the Republic of Bulgaria and Romania – Appeal in part manifestly inadmissible and in part manifestly unfounded
Language of the case: French
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Order of the Court (Sixth Chamber) of 4 July 2024
ECLI:EU:C:2024:588 |
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Case C-787/23 P Tomac v Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Article 263 TFEU – Action for annulment – Full application of the provisions of the Schengen acquis in Romania – Absence of a challengeable act – Required unanimity not achieved – Manifest inadmissibility in part of the action at first instance – Request for a time limit capable of allowing the appeal to be ‘resumed’ – Manifest lack of jurisdiction in part of the General Court of the European Union – Appeal in part manifestly inadmissible and in part manifestly unfounded
Language of the case: French
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Order of the Court (Sixth Chamber) of 4 July 2024
ECLI:EU:C:2024:587 |
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Case C-288/24 Criminal proceedings against M.R.
Reference for a preliminary ruling – Article 267 TFEU – Criminal proceedings – Accused person remanded in custody – Consequence of a reference for a preliminary ruling on the main proceedings – Refusal by the referring court to continue the proceedings on the substance of the case until the response of the Court of Justice has been received – Duty to proceed expeditiously in criminal proceedings particularly in cases involving detention – Request for recusal of the judge hearing the application for legitimate suspicion of conflict of interests
Request for a preliminary ruling from the Landgericht Berlin
Language of the case: German
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Order of the Court (Eighth Chamber) of 4 July 2024
ECLI:EU:C:2024:585 |
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Case C-732/23 P Nicolescu and Others v Council
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Law governing the institutions – Article 263 TFEU – Action for annulment – Full application of the provisions of the Schengen acquis in Romania – Absence of a challengeable act – Absence of the required unanimity – Manifest inadmissibility of the action at first instance – Appeal manifestly unfounded
Language of the case: Romanian
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Order of the Court (Sixth Chamber) of 8 July 2024
ECLI:EU:C:2024:593 |
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Joined Cases C-554/21, C-622/21 and C-727/21 Financijska agencija v Hann-Invest and Others
References for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Effective legal protection in the fields covered by Union law – Independence of the judiciary – Tribunal previously established by law – Fair hearing – Case-law Registration Service – National legislation providing for a registrations judge to be established in courts of second instance having, in practice, the power to stay the delivery of a judgment, to give instructions to judicial panels and to request that a section meeting be convened – National legislation providing for the power, for meetings of a section or of all judges of a court, to put forward binding ‘legal positions’, including for cases which have already been deliberated
Requests for a preliminary ruling from the Visoki trgovački sud
Language of the case: Croatian
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Opinion of Advocate General Pikamäe delivered on 26 October 2023
ECLI:EU:C:2023:816 |
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Judgment of the Court (Grand Chamber) of 11 July 2024
ECLI:EU:C:2024:594 |
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Case C-409/22 UA v EUROBANK BULGARIA
Reference for a preliminary ruling – Free movement of capital – Payment services in the internal market – Directive 2007/64/EC – Concept of ‘payment instrument’ – Power of attorney of an agent acting on behalf of the account holder – Copy of the power of attorney with an ‘apostille’ certificate – Articles 54 and 59 – Consent to the execution of a payment transaction – Concept of ‘authentication’ – Unauthorised payment transactions – Liability of the payment service provider for those transactions – Burden of proof
Request for a preliminary ruling from the Apelativen sad - Sofia
Language of the case: Bulgarian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 30 November 2023
ECLI:EU:C:2023:936 |
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Judgment of the Court (Fifth Chamber) of 11 July 2024
ECLI:EU:C:2024:600 |
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Case C-461/22 MK v WB (Professional guardian)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 2(2)(c) – Scope – Exclusion – Purely personal or household activity – Article 4(7) – Controller – Former guardian who performed his or her duties in a professional capacity – Article 15 – Access of the person who has been placed under legal guardianship to data collected by that former guardian during the performance of his or her duties
Request for a preliminary ruling from the Landgericht Hannover
Language of the case: German
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Judgment of the Court (Ninth Chamber) of 11 July 2024
ECLI:EU:C:2024:607 |
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Case C-598/22 Società Italiana Imprese Balneari v Comune di Rosignano Marittimo and Others
Reference for a preliminary ruling – Article 49 TFEU – Concessions in respect of State-owned coastal land – Expiry and renewal – National rules providing that fixed structures built on State-owned land are to be transferred to the State for no consideration – Restriction – None
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Opinion of Advocate General Ćapeta delivered on 8 February 2024
ECLI:EU:C:2024:129 |
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Judgment of the Court (Third Chamber) of 11 July 2024
ECLI:EU:C:2024:597 |
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Case C-601/22 Umweltverband WWF Österreich and Others v Tiroler Landesregierung
Reference for a preliminary ruling – Validity and interpretation – Conservation of natural habitats and of wild fauna and flora – Directive 92/43/EEC – Article 12(1) – System of strict protection for animal species – Annex IV – Canis lupus (wolf) – Equal treatment between Member States – Article 16(1) – National authorisation to take a specimen of a wild animal of the canis lupus species – Evaluation of the conservation status of populations of the species concerned – Geographical scope – Determination of the damage – Satisfactory alternative solution
Request for a preliminary ruling from the Landesverwaltungsgericht Tirol
Language of the case: German
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Opinion of Advocate General Ćapeta delivered on 18 January 2024
ECLI:EU:C:2024:62 |
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Judgment of the Court (First Chamber) of 11 July 2024
ECLI:EU:C:2024:595 |
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Case C-632/22 Volvo v Transsaqui (Service of summons at the registered office of a subsidiary of the defendant)
Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EC) No 1393/2007 – Service of judicial and extrajudicial documents – Action for compensation for damage caused by a practice prohibited by Article 101(1) TFEU and by Article 53 of the Agreement on the European Economic Area – Document instituting proceedings served at the seat of a subsidiary of the defendant – Validity of the writ of summons – Charter of Fundamental Rights of the European Union – Article 47 – Right to effective judicial protection
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Opinion of Advocate General Szpunar delivered on 11 January 2024
ECLI:EU:C:2024:31 |
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Judgment of the Court (Fifth Chamber) of 11 July 2024
ECLI:EU:C:2024:601 |
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Case C-757/22 Meta Platforms Ireland v Bundesverband der Verbraucherzentralen und Verbraucherverbände (Representative action)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – First sentence of Article 12(1) – Transparency of information – Article 13(1)(c) and (e) – Obligation of the controller to provide information – Article 80(2) – Representation of data subjects by a consumer protection association – Representative action in the absence of a mandate and independently of the infringement of specific rights of a data subject – Action based on infringement by the controller of its obligation to provide information – Concept of ‘infringement of [the rights of a data subject] as a result of the processing’
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 25 January 2024
ECLI:EU:C:2024:88 |
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Judgment of the Court (Fourth Chamber) of 11 July 2024
ECLI:EU:C:2024:598 |
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Case C-182/23 Dyrektor Krajowej Informacji Skarbowej v J.S.
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(a) – Article 9(1) – Article 14(2)(a) – Taxable supply of goods – Transfer of the ownership of agricultural land, against payment of compensation, by reason of a decision of the public authority – Expropriation
Request for a preliminary ruling from the Naczelny Sąd Administracyjny
Language of the case: Polish
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Judgment of the Court (Eighth Chamber) of 11 July 2024
ECLI:EU:C:2024:604 |
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Case C-184/23 Finanzamt T v S
Reference for a preliminary ruling – Common system of value added tax (VAT) – Sixth Directive 77/388/EEC – Article 2(1) – Article 4(4), second subparagraph – Taxable persons – Option for Member States to treat as a single taxable person, known as a ‘VAT group’, persons who, while legally independent, are closely bound to one another by financial, economic and organisational links – Services provided within the VAT group – Taxation of such services – Recipient of the services not entitled to deduct VAT – Risk of tax losses
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Opinion of Advocate General Rantos delivered on 16 May 2024
ECLI:EU:C:2024:416 |
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Judgment of the Court (Fourth Chamber) of 11 July 2024
ECLI:EU:C:2024:599 |
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Case C-196/23 CL and Others v DB and FOGASA
Reference for a preliminary ruling – Social policy – Directive 98/59/EC – Collective redundancies – Article 1(1)(a) and Article 2 – Obligation to inform and consult workers’ representatives – Scope – Termination of employment contracts on the ground of the employer’s retirement – Articles 27 and 30 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña
Language of the case: Spanish
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Judgment of the Court (Second Chamber) of 11 July 2024
ECLI:EU:C:2024:596 |
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Case C-265/23 Criminal proceedings against DM and Others (Personne poursuivie bénéficiant de la clôture de la procédure pénale)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Fight against organised crime – Framework Decision 2008/841/JHA – Right to an effective remedy and to a fair trial – Articles 47 and 52 of the Charter of Fundamental Rights of the European Union – Second subparagraph of Article 19(1) TEU – Excessive length of the pre-trial stage of the criminal proceedings – Substantive infringements of procedural rules, but which are capable of being remedied, affecting the indictment – Right of the accused person to have the criminal proceedings against him or her brought to an end
Request for a preliminary ruling from the Okrazhen sad - Sliven
Language of the case: Bulgarian
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Judgment of the Court (Sixth Chamber) of 11 July 2024
ECLI:EU:C:2024:602 |
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Case C-279/23 Skarb Państwa - Dyrektor Okręgowego Urzędu Miar w K. v Z (Retard de paiement non significatif ou de créance faible)
Reference for a preliminary ruling – Combating late payment in commercial transactions – Directive 2011/7/EU – Article 6(1) – Fixed minimum sum by way of compensation for recovery costs – Provision of national law permitting the rejection of claims for payment of that fixed sum in cases where the delay is not significant or the claim is small – Obligation to interpret national law in conformity with EU law
Request for a preliminary ruling from the Sąd Rejonowy Katowice - Zachód w Katowicach
Language of the case: Polish
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Judgment of the Court (Eighth Chamber) of 11 July 2024
ECLI:EU:C:2024:605 |
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Case C-724/23 ATHINAÏKI ZYTHOPOIIA v Anexartiti Archi Dimosion Esodon
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law or admits of no reasonable doubt – Directive 92/83/EEC – Article 3(1) – Calculation of the amount of excise duty levied on beer – Method of calculating degrees Plato – Legislative amendment intended to clarify that method – Directive (EU) 2020/1151 – Article 1(1) – No effect of that directive on previously existing situations
Request for a preliminary ruling from the Dioikitiko Protodikeio Thessalonikis
Language of the case: Greek
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Order of the Court (Ninth Chamber) of 16 July 2024
ECLI:EU:C:2024:670 |
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Case C-181/24 Genmab v Szellemi Tulajdon Nemzeti Hivatala
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Medicinal product for human use – Supplementary protection certificate for medicinal products (SPC) – Regulation (EC) No 469/2009 – Conditions for granting – Article 3(d) – First marketing authorisation (MA) – Medicinal products containing the same active ingredient being granted several MAs – Withdrawal of the prior MA
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Order of the Court (Eighth Chamber) of 16 July 2024
ECLI:EU:C:2024:627 |
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Case C-235/24 PPU Openbaar Ministerie v S.A.H.
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – Recognition of judgments imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in another Member State – Framework Decision 2008/909/JHA – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Concept of ‘court or tribunal’ – Reassessment at the request of the minister – Manifest inadmissibility of the request for a preliminary ruling
Request for a preliminary ruling from the Gerechtshof Arnhem-Leeuwarden
Language of the case: Dutch
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Order of the Court (First Chamber) of 17 July 2024
ECLI:EU:C:2024:624 |
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Joined Cases C-771/22 and C-45/23 Bundesarbeitskammer and Others v HDI Global and MS Amlin Insurance
Reference for a preliminary ruling – Directive (EU) 2015/2302 – Package travel and linked travel arrangements – Article 12 – Right to terminate a package travel contract – Entitlement to a full refund of any payments made for the package – Unavoidable and extraordinary circumstances – COVID-19 pandemic – Article 17 – Insolvency of the travel organiser – Security for the refund of all payments made – High level of consumer protection – Principle of equal treatment
Requests for a preliminary ruling from the Bezirksgericht für Handelssachen Wien and Nederlandstalige Ondernemingsrechtbank Brussel
Languages of the case: German and Dutch
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Opinion of Advocate General Medina delivered on 7 March 2024
ECLI:EU:C:2024:218 |
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Judgment of the Court (Second Chamber) of 29 July 2024
ECLI:EU:C:2024:644 |
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Joined Cases C-112/22 and C-223/22 Criminal proceedings against Procura della Repubblica Tribunale di Napoli and Others (Assistance sociale – Discrimination indirecte)
Reference for a preliminary ruling – Status of third-country nationals who are long-term residents – Directive 2003/109/EC – Article 11(1)(d) – Equal treatment – Social security, social assistance and social protection measures – Residency condition of 10 years, the final 2 years of which must be consecutive – Indirect discrimination
Requests for a preliminary ruling from the Tribunale di Napoli
Language of the case: Italian
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Opinion of Advocate General Pikamäe delivered on 25 January 2024
ECLI:EU:C:2024:79 |
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Judgment of the Court (Grand Chamber) of 29 July 2024
ECLI:EU:C:2024:636 |
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Joined Cases C-184/22 and C-185/22 IK and CM v KfH Kuratorium für Dialyse und Nierentransplantation
Reference for a preliminary ruling – Social policy – Article 157 TFEU – Equal treatment between men and women in matters of employment and occupation – Directive 2006/54/EC – Article 2(1)(b) and Article 4, first paragraph – Prohibition of indirect discrimination on grounds of sex – Part-time work – Directive 97/81/EC – Framework Agreement on part-time work – Clause 4 – Prohibition on treating part-time workers less favourably than comparable full-time workers – Payment of additional pay only for overtime worked by part-time workers in excess of the normal working hours set for full-time workers
Requests for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Opinion of Advocate General Rantos delivered on 16 November 2023
ECLI:EU:C:2023:879 |
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Judgment of the Court (First Chamber) of 29 July 2024
ECLI:EU:C:2024:637 |
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Case C-298/22 Banco BPN/BIC Português and Others v Autoridade da Concorrência
Reference for a preliminary ruling – Competition – Agreements, decisions and concerted practices – Adverse effect on competition – Prohibition of restrictive practices – Article 101 TFEU – Agreements between undertakings – Restriction of competition by object – Exchanges of information between credit institutions – Information concerning commercial conditions and production values – Strategic information
Request for a preliminary ruling from the Tribunal da Concorrência, Regulação e Supervisão
Language of the case: Portuguese
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Opinion of Advocate General Rantos delivered on 5 October 2023
ECLI:EU:C:2023:738 |
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Judgment of the Court (Fifth Chamber) of 29 July 2024
ECLI:EU:C:2024:638 |
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Case C-436/22 ASCEL v Administración de la Comunidad de Castilla y León
Reference for a preliminary ruling – Conservation of natural habitats and of wild fauna and flora – Directive 92/43/EEC – Articles 2, 4, 11, 12, 14, 16 and 17 – System of strict protection for animal species – Canis lupus (wolf) – Cynegetic exploitation – Assessment of the conservation status of populations of the species concerned – Conservation status of that species ‘unfavourable-poor’ – Exploitation incompatible with the maintenance or restoration of the species at a favourable conservation status – Taking into account of all the most recent scientific data
Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León
Language of the case: Spanish
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Opinion of Advocate General Kokott delivered on 25 January 2024
ECLI:EU:C:2024:83 |
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Judgment of the Court (First Chamber) of 29 July 2024
ECLI:EU:C:2024:656 |
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Case C-623/22 Belgian Association of Tax Lawyers and Others v Premier ministre/ Eerste Minister
Reference for a preliminary ruling – Administrative cooperation in the field of taxation – Mandatory automatic exchange of information in relation to reportable cross-border arrangements – Directive 2011/16/EU, as amended by Directive (EU) 2018/822 – Article 8ab(1) – Reporting obligation – Article 8ab(5) – Subsidiary obligation to notify – Legal professional privilege – Validity – Articles 7, 20 and 21, and Article 49(1) of the Charter of Fundamental Rights of the European Union – Right to respect for private life – Principles of equal treatment and non-discrimination – Principle of legality in criminal proceedings – Principle of legal certainty
Request for a preliminary ruling from the Cour constitutionnelle
Language of the case: French
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Opinion of Advocate General Emiliou delivered on 29 February 2024
ECLI:EU:C:2024:189 |
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Judgment of the Court (Second Chamber) of 29 July 2024
ECLI:EU:C:2024:639 |
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Case C-624/22 BP France v Ministre de l’Économie, des Finances et de la Souveraineté industrielle et numérique
Reference for a preliminary ruling – Promotion of the use of energy from renewable sources – Directive 2009/28/EC – Articles 17 and 18 – Directive 2018/2001 – Articles 25, 29 and 30 – Sustainability and greenhouse gas emissions saving criteria – Verification of compliance with those criteria – Biofuels used for transport – Production of fuels using the co-processing procedure – Evidence of compliance with those sustainability criteria – Mass balance method – Methods for evaluating the content of hydrotreated vegetable oils (HVO) in fuels produced using that procedure – Member State’s legislation requiring a physical carbon-14 analysis – Article 34 TFEU – Free movement of goods
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 11 January 2024
ECLI:EU:C:2024:30 |
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Judgment of the Court (Third Chamber) of 29 July 2024
ECLI:EU:C:2024:640 |
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Case C-697/22 P Koiviston Auto Helsinki v Commission
Appeal – State aid – SA.33846 (2015/C) (ex 2014/NN) (ex 2011/CP) – Relevant issue post-dating the publication of the decision initiating the formal investigation procedure – Identification of the beneficiary of the aid – Obligation to publish an amending opening decision – Right of the beneficiary of the aid to submit comments – Essential procedural requirement – Incompatibility with the internal market – Recovery of the aid ordered by the European Commission – Amount to be recovered – Competence of the Member State concerned
Language of the case: Finnish
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Opinion of Advocate General Medina delivered on 16 May 2024
ECLI:EU:C:2024:415 |
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Judgment of the Court (Fourth Chamber) of 29 July 2024
ECLI:EU:C:2024:641 |
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Case C-713/22 LivaNova v Ministero dell'Economia e delle Finanze and Others
Reference for a preliminary ruling – Companies – Divisions of public limited liability companies – Sixth Directive 82/891/EEC – Article 3(3)(b) – Division by the formation of new companies – Concept of ‘liability … not allocated by the draft terms of division’ – Joint and several liability of those new companies for liabilities resulting from the conduct of the company being divided prior to that division
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Judgment of the Court (Grand Chamber) of 29 July 2024
ECLI:EU:C:2024:642 |
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Case C-774/22 JX v FTI Touristik (Élément d’extranéité)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction, recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 18 – Jurisdiction over consumer contracts – Determination of the international and territorial jurisdiction of the courts of a Member State – International element – Travel in a third State
Request for a preliminary ruling from the Amtsgericht Nürnberg
Language of the case: German
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Opinion of Advocate General Emiliou delivered on 7 March 2024
ECLI:EU:C:2024:219 |
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Judgment of the Court (Second Chamber) of 29 July 2024
ECLI:EU:C:2024:646 |
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Case C-14/23 XXX v État belge, représenté par la Secrétaire d’État à l’Asile et la Migration
Reference for a preliminary ruling – Immigration policy – Directive (EU) 2016/801 – Conditions of entry and residence of third-country nationals for the purposes of studies – Article 20(2)(f) – Application for admission to the territory of a Member State for the purposes of studies – Other purposes – Refusal of a visa – Grounds for rejection of the application – Failure to transpose – General principle that abusive practices are prohibited – Article 34(5) – Procedural autonomy of the Member States – Fundamental right to an effective judicial remedy – Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Richard de la Tour delivered on 16 November 2023
ECLI:EU:C:2023:887 |
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Judgment of the Court (Fifth Chamber) of 29 July 2024
ECLI:EU:C:2024:647 |
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Case C-39/23 Keva and Others v Skatteverket
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Taxation of dividends received by pension funds governed by public law – Difference in treatment between resident and non-resident pension funds governed by public law – Exemption only of resident pension funds governed by public law – Comparability of situations – Whether justified – Need to safeguard the objective pursued by social policy – Need to preserve a balanced allocation of the power of taxation of the Member States
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
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Opinion of Advocate General Collins delivered on 21 March 2024
ECLI:EU:C:2024:265 |
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Judgment of the Court (First Chamber) of 29 July 2024
ECLI:EU:C:2024:648 |
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Case C-119/23 Valančius v Lietuvos Republikos Vyriausybė
Reference for a preliminary ruling – Third subparagraph of Article 19(2) TEU – Second paragraph of Article 254 TFEU – Appointment of Judges of the General Court of the European Union – Independence beyond doubt – Ability required for appointment to high judicial office – National procedure for proposing a candidate for the office of Judge of the General Court of the European Union – Group of independent experts responsible for assessing the candidates – Merit list of candidates meeting the requirements laid down in the third subparagraph of Article 19(2) TEU and the second paragraph of Article 254 TFEU – Proposal of a candidate named on the merit list other than the top-ranked candidate – Opinion of the panel provided for in Article 255 TFEU on the suitability of candidates
Request for a preliminary ruling from the Vilniaus apygardos administracinis teismas
Language of the case: Lithuanian
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Opinion of Advocate General Emiliou delivered on 18 April 2024
ECLI:EU:C:2024:325 |
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Judgment of the Court (Grand Chamber) of 29 July 2024
ECLI:EU:C:2024:653 |
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Case C-174/23 HJ and Others v Twenty First Capital
Reference for a preliminary ruling – Approximation of laws – Directive 2011/61/EU – Alternative investment fund managers (AIFMs) – Operating conditions – Article 13 – AIFM remuneration policies and practices – Scope ratione temporis – Article 61 – Transitional provisions
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 8 February 2024
ECLI:EU:C:2024:128 |
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Judgment of the Court (First Chamber) of 29 July 2024
ECLI:EU:C:2024:654 |
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Case C-185/23 protectus v Výbor Národnej rady Slovenskej republiky na preskúmavanie rozhodnutí Národného bezpečnostného úradu
Reference for a preliminary ruling – Decision 2013/488/EU – Classified information – Facility Security Clearance – Withdrawal of the clearance – Non-disclosure of classified information on which the withdrawal was based – Article 47 of the Charter of Fundamental Rights of the European Union – Obligation to state reasons – Access to the file – Principle of an adversarial process – Article 51 of the Charter of Fundamental Rights – Implementation of EU law
Request for a preliminary ruling from the Najvyšší správny súd Slovenskej republiky
Language of the case: Slovak
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Opinion of Advocate General Richard de la Tour delivered on 16 May 2024
ECLI:EU:C:2024:409 |
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Judgment of the Court (Grand Chamber) of 29 July 2024
ECLI:EU:C:2024:657 |
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Case C-286/23 Asociaţia Crescătorilor de Vaci 'Bălţată Românească' Tip Simmental v Genetica din Transilvania Cooperativă Agricolă and Agenţia Naţională pentru Zootehnie 'Professor G. K. Constantinescu'
Reference for a preliminary ruling – Common agricultural policy – Regulation (EU) 2016/1012 – Purebred breeding animals – Recognition procedure for breed societies – Approval procedure for breeding programmes – Possibility of refusing to approve a further breeding programme for the same breed, for the same territory, if such approval has potential to compromise an already existing breeding programme – Right of breeders of purebred animals to choose between the various existing breeding programmes
Request for a preliminary ruling from the Curtea de Apel Braşov
Language of the case: Romanian
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Judgment of the Court (Sixth Chamber) of 29 July 2024
ECLI:EU:C:2024:655 |
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Case C-202/24 MA
Reference for a preliminary ruling – Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part – Surrender of a person to the United Kingdom for criminal prosecution – Competence of the executing judicial authority – Risk of breach of a fundamental right – Article 49(1) and Article 52(3) of the Charter of Fundamental Rights of the European Union – Principle that offences and penalties must be defined by law – Changes, to the detriment of that person, to the licence regime
Request for a preliminary ruling from the Supreme Court (Ireland)
Language of the case: English
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Opinion of Advocate General Szpunar delivered on 27 June 2024
ECLI:EU:C:2024:559 |
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Judgment of the Court (Grand Chamber) of 29 July 2024
ECLI:EU:C:2024:649 |
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Case C-318/24 PPU Parchetul de pe lângă Înalta Curte de Casaţie şi Justiţie – D.N.A. Serviciul Teritorial Braşov v P.P.R.
Reference for a preliminary ruling – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Surrender of requested persons to issuing judicial authorities – Respect for fundamental rights – Systemic or generalised deficiencies concerning the independence of the judiciary of the issuing Member State – Deficiencies concerning the absence of proof of the taking of an oath by judges – Prohibition of inhuman or degrading treatment – Detention conditions in the issuing Member State – Assessment undertaken by the executing judicial authority – Refusal by the executing judicial authority to execute the European arrest warrant – Effects of that refusal for the executing judicial authority of another Member State
Request for a preliminary ruling from the Curtea de Apel Braşov
Language of the case: Romanian
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Opinion of Advocate General Kokott delivered on 11 July 2024
ECLI:EU:C:2024:617 |
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Judgment of the Court (Fifth Chamber) of 29 July 2024
ECLI:EU:C:2024:658 |
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Information (on unpublished decisions)
Case C-736/22 P Portugal v Commission (Madeira Free Zone)
Appeal – State aid – Madeira Free Zone – Granting of tax advantages to undertakings – Aid scheme implemented by the Portuguese Republic – Decisions C(2007) 3037 final and C(2013) 4043 final – Decision taken by the European Commission pursuant to the first subparagraph of Article 108(2) TFEU – Regulation (EU) 2015/1589 – Article 1(b)(i) and (ii) – Definitions of ‘existing aid’ and ‘new aid’ – Implementation of existing aid in breach of a condition ensuring compatibility of the aid with the internal market
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Judgment of the Court (Fifth Chamber) of 4 July 2024 ECLI:EU:C:2024:579 |
Case C-430/23 P SN v Parliament
Appeal – European Parliament – Rules governing the payment of expenses and allowances to Members of Parliament – Parliamentary assistance allowance – Recovery of sums unduly paid
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Judgment of the Court (Tenth Chamber) of 4 July 2024 ECLI:EU:C:2024:576 |
Case C-295/24 P Thomas Henry v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court (Chamber determining whether appeals may proceed) of 4 July 2024 ECLI:EU:C:2024:586 |
Case C-788/23 EUROCASH1 v Iepirkumu uzraudzības birojs and Paula Stradiņa klīniskā universitātes slimnīca
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Order of the Court (Ninth Chamber) of 5 July 2024 ECLI:EU:C:2024:589 |
Case C-487/23 Commission v Portugal (Retards de paiement des pouvoirs publics)
Failure of a Member State to fulfil obligations – Directive 2011/7/EU – Combatting late payment in commercial transactions – Article 4 – Commercial transactions between undertakings and public authorities – Obligation of Member States to ensure that public authorities comply with the periods of payment laid down in that article
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Judgment of the Court (Eighth Chamber) of 11 July 2024 ECLI:EU:C:2024:606 |
Case C-561/23 P Thunus and Others v EIB
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Judgment of the Court (Seventh Chamber) of 11 July 2024 ECLI:EU:C:2024:603 |
Case C-248/24 P Puma v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 11 July 2024 ECLI:EU:C:2024:621 |
Case C-360/24 P Yeguada de Milagro v Tribunal Constitucional
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Order of the Court (Seventh Chamber) of 16 July 2024 ECLI:EU:C:2024:633 |
Case C-708/23 P MeSoFa v Commission and SRB
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Economic and monetary policy – Banking union – Single Resolution Mechanism (SRM) – Regulation (EU) No 806/2014 – Article 18 – Resolution procedure – Adoption of a resolution scheme by the Single Resolution Board (SRB) – No objection from the European Commission or the Council of the European Union – Endorsement of that scheme by the European Commission – Action for annulment – Inadmissibility of the action in so far as it is directed against the Council – Appeal manifestly unfounded
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Order of the Court (Seventh Chamber) of 19 July 2024 ECLI:EU:C:2024:631 |
Case C-709/23 P MeSoFa v Commission and SRB
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Economic and monetary policy – Banking union – Single Resolution Mechanism (SRM) – Regulation (EU) No 806/2014 – Article 18 – Resolution procedure – Adoption of a resolution scheme by the Single Resolution Board (SRB) – No objection from the European Commission or the Council of the European Union – Endorsement of that scheme by the European Commission – Action for annulment – Inadmissibility of the action in so far as it is directed against the Council – Appeal manifestly unfounded
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Order of the Court (Seventh Chamber) of 19 July 2024 ECLI:EU:C:2024:630 |
Case C-333/24 P Sumol + Compal Marcas v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 19 July 2024 ECLI:EU:C:2024:628 |
Case C-689/22 S. G. v Unione di Comuni Alta Marmilla
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Order of the Court (Sixth Chamber) of 24 July 2024 ECLI:EU:C:2024:715 |
Case C-397/24 P(R) AQ v ECHA
Appeal – Order for interim measures – Access to documents – Export notifications for hazardous, banned or severely restricted chemicals – Information held by the European Chemicals Agency (ECHA) – Urgency
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Order of the Vice-President of the Court of 26 July 2024 ECLI:EU:C:2024:634 |
Case C-591/21 P Ryanair and Laudamotion v Commission
Appeal – State aid – Article 107(2)(b) TFEU – Austrian air transport market – Aid granted by the Republic of Austria to an airline amid the COVID-19 pandemic – Subordinated loan to Austrian Airlines AG – Decision by the European Commission not to raise objections – Aid to make good the damage suffered by a single undertaking – Principles of proportionality and of non-discrimination – Freedom of establishment and freedom to provide services
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Judgment of the Court (Fourth Chamber) of 29 July 2024 ECLI:EU:C:2024:635 |
Case C-768/22 Commission v Portugal (Ingénieurs civils)
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Judgment of the Court (Ninth Chamber) of 29 July 2024 ECLI:EU:C:2024:643 |
Case C-773/22 Commission v Slovakia (Professional qualifications)
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Judgment of the Court (Fourth Chamber) of 29 July 2024 ECLI:EU:C:2024:645 |
Case C-51/23 P Validity v Commission
Appeal – Access to documents – Regulation (EC) No 1049/2001 – Article 4(3) – Access to documents drawn up by an institution for internal use or relating to a matter where a decision has not been taken by that institution – Documents relating to a draft call for proposals co-funded by the European Regional Development Fund (ERDF) – Decision refusing access to documents originating from a Member State – Decision granting access to those documents, adopted after the action for annulment of the decision refusing access was brought – No interest in bringing proceedings
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Judgment of the Court (Eighth Chamber) of 29 July 2024 ECLI:EU:C:2024:664 |
Case C-435/23 Glavna direktsia „Granichna politsia“ kam Ministerstvo na vatreshnite raboti v BO
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Order of the Court (Sixth Chamber) of 29 July 2024 ECLI:EU:C:2024:671 |
August 2024
Information (on unpublished decisions)
Case C-470/24 P(R) Vivendi v Commission
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Order of the Vice-President of the Court of 16 August 2024 ECLI:EU:C:2024:674 |
September 2024
Joined Cases C-611/22 P and C-625/22 P Illumina and Grail v Commission
Appeal – Competition – Concentrations – Pharmaceutical industry market – Genetic sequencing systems – Acquisition by Illumina Inc. of sole control over Grail LLC – Regulation (EC) No 139/2004 – Article 22 – Referral request from a national competition authority not having competence under national law to examine the concentration – Decision of the European Commission to examine that concentration – Commission decisions accepting requests from other national competition authorities to join the referral request – Competence of the Commission – Legal certainty
Language of the case: English
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Opinion of Advocate General Emiliou delivered on 21 March 2024
ECLI:EU:C:2024:264 |
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Judgment of the Court (Grand Chamber) of 3 September 2024
ECLI:EU:C:2024:677 |
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Case C-447/22 P Slovenia v Commission
Appeal – State aid – Articles 107 and 108 TFEU – Measures granted by the Republic of Slovenia to a municipal network of dispensing pharmacies before its accession to the European Union – Preliminary examination phase – Failure to initiate the formal investigation procedure – Concept of ‘serious difficulties’ – Extent of the European Commission’s investigative duty – Burden of proof on the party relying on the existence of ‘serious difficulties’ – Scope
Language of the case: English
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Opinion of Advocate General Rantos delivered on 18 April 2024
ECLI:EU:C:2024:326 |
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Judgment of the Court (First Chamber) of 5 September 2024
ECLI:EU:C:2024:678 |
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Case C-494/22 P Commission v Czech Republic (Briquets de poche)
Appeal – Own resources of the European Union – Financial liability of a Member State – Payment to the European Commission of amounts corresponding to a loss of own resources – Action based on unjust enrichment of the European Union – Obligations of the Member States with regard to own resources – Establishment of the amounts of own resources – Entry of amounts not recovered in the B account – Time limits – Exemption from making available amounts corresponding to established entitlements declared irrecoverable – Conditions
Language of the case: Czech
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Opinion of Advocate General Ćapeta delivered on 21 March 2024
ECLI:EU:C:2024:268 |
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Judgment of the Court (Third Chamber) of 5 September 2024
ECLI:EU:C:2024:684 |
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Joined Cases C-498/22 to C-500/22 Novo Banco and Others v C.F.O. and Others
Reference for a preliminary ruling – Reorganisation and winding up of credit institutions – Directive 2001/24/EC – Articles 3 and 6 – Reorganisation measure taken in respect of a credit institution – Transfer of the obligations and responsibilities of that credit institution to a ‘bridge bank’ prior to the bringing of a legal action seeking payment of a claim held against that credit institution – Transfer back to the same credit institution of certain of those obligations and responsibilities – Law of the Member State where the proceedings concerned were brought (lex concursus) – Effects of a reorganisation measure in other Member States – Mutual recognition – Effects of a failure to comply with the obligation to publish the reorganisation measure – Articles 17, 21, 38 and 47 of the Charter of Fundamental Rights of the European Union – Right to property – Effective judicial protection – Consumer protection – Directive 93/13/EC – Article 6(1) – Unfair terms – Principles of legal certainty and the protection of legitimate expectations – Whether the ‘bridge bank’ can be sued
Requests for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Opinion of Advocate General Richard de la Tour delivered on 21 March 2024
ECLI:EU:C:2024:269 |
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Judgment of the Court (Fourth Chamber) of 5 September 2024
ECLI:EU:C:2024:686 |
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Case C-603/22 Criminal proceedings against M.S. and Others (Droits procéduraux d’une personne mineure)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/800 – Procedural safeguards for children who are suspects or accused persons in criminal proceedings – Scope – Article 2(3) – Persons who were children on the date on which criminal proceedings were initiated against them but who reach the age of 18 years during the proceedings – Article 4 – Right to information – Article 6 – Right of access to a lawyer – Article 18 – Right to legal aid – Article 19 – Remedies – Admissibility of evidence obtained in breach of procedural rights
Request for a preliminary ruling from the Sąd Rejonowy w Słupsku
Language of the case: Polish
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Opinion of Advocate General Ćapeta delivered on 22 February 2024
ECLI:EU:C:2024:157 |
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Judgment of the Court (Third Chamber) of 5 September 2024
ECLI:EU:C:2024:685 |
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Joined Cases C-639/22 to C-644/22 X and Others v Inspecteur van de Belastingdienst and Inspecteur van de Belastingdienst Maastricht
References for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Exemptions – Article 135(1)(g) – Management of special investment funds – Definition – Pension funds – Comparability with an undertaking for collective investment in transferable securities (UCITS) – Investment risk borne by the members – Scope – Need for comparison with a pension fund regarded by the Member State concerned as a special investment fund
Requests for a preliminary ruling from the Rechtbank Gelderland
Language of the case: Dutch
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Judgment of the Court (Fourth Chamber) of 5 September 2024
ECLI:EU:C:2024:688 |
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Joined Cases C-775/22, C-779/22 and C-794/22 M.S.G. and Others v Banco Santander ( Résolution bancaire Banco Popular II)
Reference for a preliminary ruling – Directive 2014/59/EU – Resolution of credit institutions and investment firms – General principles – Article 34(1)(a) and (b) – Bail-in – Write down of capital instruments – Conversion of subordinated obligations into shares and mandatory transfer for no consideration – Effects – Article 38(13) – Article 53(1) and (3) – Article 60(2), first subparagraph, points (b) and (c) – Articles 73 to 75 – Protection of the rights of shareholders and creditors – Purchase of capital instruments – Flawed and incorrect information provided in the prospectus – Action for damages – Action for a declaration of nullity in respect of the agreement for the purchase of capital instruments – Actions brought against the universal successor of the credit institution subject to a resolution decision
Requests for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Judgment of the Court (First Chamber) of 5 September 2024
ECLI:EU:C:2024:679 |
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Case C-67/23 Criminal proceedings against S.Z.
Reference for a preliminary ruling – Common foreign and security policy – Restrictive measures in respect of Burma/Myanmar – Prohibition on the import of goods originating in or exported from Burma/Myanmar – Regulation (EC) No 194/2008 – Article 2(2)(a) – Teak logs originating in Burma/Myanmar exported to and processed in Taiwan before being transported to the European Union – Regulation (EEC) No 2913/92 – Community Customs Code – Article 24 – Concept of ‘substantial processing or working’ – Teak logs that have been debranched, debarked, sawn into the shape of wooden cuboids or cut into sawn teak wood in Taiwan – Certificate of origin issued by the Taiwanese authorities – Value of that certificate for the determination, by the customs authorities of the Member States, of the origin of those teak logs
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Judgment of the Court (First Chamber) of 5 September 2024
ECLI:EU:C:2024:680 |
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Case C-83/23 H v Finanzamt M (Droit direct au remboursement de la TVA)
Reference for a preliminary ruling – Harmonisation of fiscal legislation – Common system of value added tax (VAT) – Directive 2006/112/EC – VAT unduly invoiced and paid – Correction of the invoice – Liquidation of the supplier – Refund to the supplier of the VAT – Refusal of the tax authority to refund the VAT directly to the purchaser – Priority for the right to a VAT refund – Risk of a double refund of the VAT – Risk of loss of tax revenue
Request for a preliminary ruling from the Bundesfinanzhof
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 5 September 2024
ECLI:EU:C:2024:699 |
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Case C-86/23 E.N.I. and Y.K.I. v HUK-COBURG-Allgemeine Versicherung
Reference for a preliminary ruling – Judicial cooperation in civil matters – Law applicable to non-contractual obligations – Regulation (EC) No 864/2007 – Article 16 – Overriding mandatory provisions – Road traffic accident – Rights to compensation recognised in respect of the family members of the deceased person – Principle of fairness for the purposes of compensation for non-material damage suffered – Assessment criteria
Request for a preliminary ruling from the Varhoven kasatsionen sad (Bulgarie)
Language of the case: Bulgarian
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Opinion of Advocate General Szpunar delivered on 14 March 2024
ECLI:EU:C:2024:242 |
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Judgment of the Court (Fourth Chamber) of 5 September 2024
ECLI:EU:C:2024:689 |
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Case C-109/23 GM and ON v PR
Reference for a preliminary ruling – Common foreign and security policy – Restrictive measures taken in view of Russia’s actions destabilising the situation in Ukraine – Regulation (EU) No 833/2014 – Article 5n(2) and (6) – Prohibition on the direct or indirect provision of legal advisory services to the Russian Government or to legal persons, entities or bodies established in Russia – Exemption concerning the provision of services which are strictly necessary to ensure access to judicial, administrative or arbitration proceedings in a Member State – Authentication and execution, by a notary, of a contract for the sale of immovable property – Assistance provided by an interpreter during such authentication
Request for a preliminary ruling from the Landgericht Berlin
Language of the case: German
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Opinion of Advocate General Medina delivered on 11 April 2024
ECLI:EU:C:2024:307 |
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Judgment of the Court (Second Chamber) of 5 September 2024
ECLI:EU:C:2024:681 |
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Case C-224/23 P PBL and Abdelmouine v Commission
Appeal – State aid – Complaint concerning State aid that enabled a football club to hire a player previously employed by another club – Complaint lodged by one of the socios of the latter club, set up as a not-for-profit association – European Commission decision finding that no ‘interested party’ entitled to lodge a complaint is present – Regulation (EU) 2015/1589 – Article 1(h) – Notions of ‘interested party’ and ‘person whose interests might be affected by the granting of aid’
Language of the case: French
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Opinion of Advocate General Ćapeta delivered on 21 March 2024
ECLI:EU:C:2024:267 |
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Judgment of the Court (Second Chamber) of 5 September 2024
ECLI:EU:C:2024:682 |
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Joined Cases C-256/23 and C-290/23 ECHA v Hallertauer Hopfenveredelungsges. and B.
Reference for a preliminary ruling – Article 299 TFEU – Regulation (EC) No 1907/2006 – Registration, evaluation, authorisation and restriction of chemicals (REACH) – Article 94(1) – Regulation (EC) No 340/2008 – First subparagraph of Article 11(3) and third subparagraph of Article 13(4) – Fees due to the European Chemicals Agency (ECHA) – Fee for registration of a substance – Reduction granted to small and medium-sized enterprises (SMEs) – Verification by ECHA of the declaration relating to the size of the enterprise in question – Failure to provide certain information within the prescribed period – ECHA decision demanding payment of the full fee in question and imposing an administrative charge – Enforcement – Possibility for ECHA to bring an action before a national court in order to obtain payment of that administrative charge
Requests for a preliminary ruling from the Bayerisches Verwaltungsgericht Regensburg and Oberverwaltungsgericht des Landes Sachsen-Anhalt
Language of the case: German
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Judgment of the Court (Second Chamber) of 5 September 2024
ECLI:EU:C:2024:683 |
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Case C-344/23 Pārtikas drošības, dzīvnieku veselības un vides zinātniskais institūts “BIOR” v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Regulation (EC) No 1186/2009 – Relief from import duties – Article 46 – Tags intended for the marking of fish – Concept of ‘scientific instrument or apparatus’ – Tariff classification – Combined Nomenclature – Subheadings 3926 90 92 and 3926 90 97
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
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Judgment of the Court (Sixth Chamber) of 5 September 2024
ECLI:EU:C:2024:696 |
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Case C-465/20 P Commission v Ireland and Apple Sales International
Appeal – State aid – Article 107(1) TFEU – Tax rulings issued by a Member State – Selective tax advantages – Allocation of profits generated by intellectual property licences to branches of non-resident companies – Arm’s length principle
Language of the case: English
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Opinion of Advocate General Pitruzzella delivered on 9 November 2023
ECLI:EU:C:2023:840 |
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Judgment of the Court (Grand Chamber) of 10 September 2024
ECLI:EU:C:2024:724 |
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Joined Cases C-29/22 P and C-44/22 P KS and Others v Council and Others
Appeal – Common foreign and security policy (CFSP) – Joint Action 2008/124/CFSP – European Union Rule of Law Mission in Kosovo (Eulex Kosovo) – Action for damages – Damage allegedly suffered as a result of various acts and omissions by the Council of the European Union, the European Commission and the European External Action Service (EEAS) in the implementation of that joint action – Insufficient investigation of the torture, disappearance and killing of persons – Jurisdiction of the Court of Justice of the European Union to rule on that action – Last sentence of the second subparagraph of Article 24(1) TEU – Article 275 TFEU
Language of the case: English
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Opinion of Advocate General Ćapeta delivered on 23 November 2023
ECLI:EU:C:2023:901 |
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Judgment of the Court (Grand Chamber) of 10 September 2024
ECLI:EU:C:2024:725 |
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Case C-48/22 P Google and Alphabet v Commission
Appeal – Competition – Abuse of dominant position – Markets for online general search services and specialised product search services – Decision finding an infringement of Article 102 TFEU and Article 54 of the Agreement on the European Economic Area (EEA) – Leveraging abuse – Competition on the merits or anticompetitive practice – Dominant undertaking favouring the display of results from its own specialised search service – Potential anticompetitive effects – Causal link between abuse and effects – Burden of proof – Counterfactual scenario – Capability of foreclosing – ‘As-efficient competitor’ test
Language of the case: English
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Opinion of Advocate General Kokott delivered on 11 January 2024
ECLI:EU:C:2024:14 |
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Judgment of the Court (Grand Chamber) of 10 September 2024
ECLI:EU:C:2024:726 |
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Case C-351/22 Neves 77 Solutions v ANAF - DGAF
Reference for a preliminary ruling – Common Foreign and Security Policy (CFSP) – Restrictive measures adopted in view of the actions of the Russian Federation destabilising the situation in Ukraine – Decision 2014/512/CFSP – Article 2(2)(a) – Jurisdiction of the Court – Final sentence of the second subparagraph of Article 24(1) TEU – Article 275 TFEU – Article 215 TFEU – Article 17 of the Charter of Fundamental Rights of the European Union – Right to property – Principle of legal certainty and principle that penalties must be defined by law – Brokering services in relation to military equipment – Prohibition on providing such services – Failure to notify the competent national authorities – Administrative offence – Fine – Automatic confiscation of the amounts received in consideration for the prohibited transaction
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
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Opinion of Advocate General Ćapeta delivered on 23 November 2023
ECLI:EU:C:2023:907 |
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Judgment of the Court (Grand Chamber) of 10 September 2024
ECLI:EU:C:2024:723 |
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Joined Cases C-17/22 and C-18/22 HTB Neunte Immobilien Portfolio and Ökorenta Neue Energien Ökostabil IV v Müller Rechtsanwaltsgesellschaft and Others
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Points (b), (c) and (f) of the first subparagraph of Article 6(1) – Lawfulness of processing – Necessity of processing for the purpose of performing a contract to which the data subject is party – Necessity of processing for the purpose of complying with a legal obligation incumbent on the controller – Necessity of processing for the purposes of the legitimate interests pursued by the controller or by a third party – Investment fund established in the form of a limited partnership offering shares for public subscription – Request of a partner seeking to obtain the contact details of other partners with indirect shareholdings in an investment fund through a trust company
Requests for a preliminary ruling from the Amtsgericht München
Language of the case: German
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Judgment of the Court (Fourth Chamber) of 12 September 2024
ECLI:EU:C:2024:738 |
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Case C-548/22 M.M. v Presidenza del Consiglio dei ministri and Others (Rétribution des magistrats honoraires)
Reference for a preliminary ruling – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clauses 4 and 5 – Principle of non-discrimination – Equal treatment in employment and occupation – Honorary and ordinary members of the judiciary – Measures intended to penalise improper use of fixed-term contracts – Fixed-term work – Procedure for the stabilisation of duties – Waiver by operation of law of any claim for the period prior to the stabilisation of duties – Compensation for damage resulting from the failure to properly implement EU law
Request for a preliminary ruling from the Giudice di pace di Fondi
Language of the case: Italian
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Opinion of Advocate General Kokott delivered on 29 February 2024
ECLI:EU:C:2024:187 |
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Judgment of the Court (First Chamber) of 12 September 2024
ECLI:EU:C:2024:730 |
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Case C-579/22 P Anglo Austrian AAB v ECB and Far-East
Appeal – Economic and monetary policy – Directive 2013/36/EU – Access to the activity of credit institutions – Prudential supervision of credit institutions – Regulation (EU) No 1024/2013 – Specific supervisory tasks conferred on the European Central Bank (ECB) – Withdrawal of authorisation – Scope of the ECB’s powers – Regulation (EU) No 468/2014 – Division of powers between the ECB and the national authorities – Prevention of the use of the financial system for the purpose of money laundering and terrorist financing – Findings of the General Court of the European Union with regard to national law – Examination of a potential distortion of national law
Language of the case: German
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Opinion of Advocate General Ćapeta delivered on 11 April 2024
ECLI:EU:C:2024:296 |
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Judgment of the Court (First Chamber) of 12 September 2024
ECLI:EU:C:2024:731 |
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Case C-709/22 Syndyk Masy Upadłości A v Dyrektor Izby Administracji Skarbowej we Wrocławiu
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Articles 273 and 395 – Implementing Decision (EU) 2019/310 – Fight against VAT fraud – Split payment mechanism – VAT account of an insolvent taxable person – Transfer at the request of the insolvency administrator of funds deposited on the VAT account
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu
Language of the case: Polish
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Opinion of Advocate General Kokott delivered on 11 April 2024
ECLI:EU:C:2024:310 |
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Judgment of the Court (Seventh Chamber) of 12 September 2024
ECLI:EU:C:2024:741 |
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Case C-741/22 Casino de Spa and Others v Belgian State
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 135(1)(i) – Exemptions – Betting, lotteries and other forms of gambling – Conditions and limits – Principle of fiscal neutrality – Maintenance of the effects of a piece of national legislation – Entitlement to refund – Unjust enrichment – State aid – Article 107(1) TFEU – Application for a refund of the tax in the form of damages
Request for a preliminary ruling from the Tribunal de première instance de Liège
Language of the case: French
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Opinion of Advocate General Kokott delivered on 25 April 2024
ECLI:EU:C:2024:359 |
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Judgment of the Court (First Chamber) of 12 September 2024
ECLI:EU:C:2024:732 |
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Case C-63/23 Sagrario and Others v Subdelegación del Gobierno en Barcelona
Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Right to family reunification – Directive 2003/86/EC – Article 16(3) – Refusal to renew the residence permit of the sponsor – Consequences – Refusal to renew the residence permit of the sponsor’s family members – Reason beyond their control – Presence of minor children – Article 15(3) – Conditions for granting an autonomous residence permit – Concept of ‘particularly difficult circumstances’ – Scope – Article 17 – Case-by-case examination – Right to be heard
Request for a preliminary ruling from the Juzgado Contencioso-Administrativo de Barcelona
Language of the case: Spanish
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Opinion of Advocate General Richard de la Tour delivered on 7 March 2024
ECLI:EU:C:2024:221 |
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Judgment of the Court (Fifth Chamber) of 12 September 2024
ECLI:EU:C:2024:739 |
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Case C-66/23 Elliniki Ornithologiki Etaireia and Others v Ypourgos Esoterikon and Others
Reference for a preliminary ruling – Environment – Directive 92/43/EEC – Directive 2009/147/EC – Conservation of wild birds – Conservation of natural habitats and of wild fauna and flora – Classification of a territory as a Special Protection Area – ‘Classification’ species – Temporary horizontal measures applied uniformly to all Special Protection Areas – Failure to adopt individualised management plans
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
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Opinion of Advocate General Kokott delivered on 22 February 2024
ECLI:EU:C:2024:150 |
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Judgment of the Court (First Chamber) of 12 September 2024
ECLI:EU:C:2024:733 |
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Case C-73/23 Chaudfontaine Loisirs v Belgian State
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 135(1)(i) – Exemptions – Betting, lotteries and other forms of gambling – Conditions and limits – Principle of fiscal neutrality – Maintenance of the effects of a piece of national legislation – Entitlement to refund – Unjust enrichment
Request for a preliminary ruling from the Tribunal de première instance de Liège
Language of the case: French
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Opinion of Advocate General Kokott delivered on 25 April 2024
ECLI:EU:C:2024:361 |
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Judgment of the Court (First Chamber) of 12 September 2024
ECLI:EU:C:2024:734 |
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Case C-243/23 Belgische Staat / Federale Overheidsdienst Financiën v L BV
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 187 – Adjustment of deductions – Extended adjustment period for immovable property acquired as capital goods – Concept of ‘capital goods’ – Article 190 – Option for Member States to treat as capital goods services with characteristics similar to those normally associated with those goods – Building extension and renovation works – Possibility under national law of treating such works as the construction or acquisition of immovable property – Restrictions – Direct effect of Article 190 – Margin of discretion
Request for a preliminary ruling from the Hof van Beroep te Gent
Language of the case: Dutch
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Opinion of Advocate General Collins delivered on 6 June 2024
ECLI:EU:C:2024:468 |
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Judgment of the Court (Second Chamber) of 12 September 2024
ECLI:EU:C:2024:736 |
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Case C-248/23 Novo Nordisk v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága (TVA – Contributions payées en vertu d’une obligation légale)
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 90(1) – Reduction of the taxable amount consequent on a price reduction after the supply takes place – Contributions paid by a pharmaceutical company to the national health insurance agency – National tax legislation excluding contributions paid by a pharmaceutical company to the public health insurance agency pursuant to an ex lege obligation from the benefit of the reduction of the taxable amount
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Opinion of Advocate General Ćapeta delivered on 6 June 2024
ECLI:EU:C:2024:464 |
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Judgment of the Court (First Chamber) of 12 September 2024
ECLI:EU:C:2024:735 |
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Case C-352/23 LF v Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite
Reference for a preliminary ruling – Asylum and immigration policy – Charter of Fundamental Rights of the European Union – Scope – Articles 1, 4 and 7 – Directive 2011/95/EU – Scope – Articles 2 and 3 – National protection on humanitarian grounds – Directive 2008/115/EC – Article 14 – No possibility of carrying out the removal – Certification – Rights of an illegally staying third-country national in the event of postponement of removal – Directive 2013/33/EU – Scope – Material Reception Conditions
Request for a preliminary ruling from the Administrativen sad Sofia-grad
Language of the case: Bulgarian
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Judgment of the Court (Ninth Chamber) of 12 September 2024
ECLI:EU:C:2024:748 |
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Case C-429/23 NARE-BG v Direktor na direktsia „Obzhalvane i danachno-osiguritelna praktika“
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Right of deduction – Time limits for filing and paying certain taxes – Extension of time on account of the COVID-19 pandemic – Denial of the right to deduct VAT – Time-barred – Principles of equivalence, effectiveness and neutrality of VAT
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
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Judgment of the Court (Seventh Chamber) of 12 September 2024
ECLI:EU:C:2024:742 |
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Case C-557/23 SPAR Magyarország v Bács-Kiskun Vármegyei Kormányhivatal
Reference for a preliminary ruling – Common organisation of the markets in agricultural products – Regulation (EU) No 1308/2013 – National legislation laying down regulated prices for certain agricultural products and the obligation to offer for sale a specific quantity of those products – Fines
Request for a preliminary ruling from the Szegedi Törvényszék
Language of the case: Hungarian
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Judgment of the Court (Third Chamber) of 12 September 2024
ECLI:EU:C:2024:737 |
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Case C-725/20 P Coppo Gavazzi and Others v Parliament
Appeal – Law governing the institutions – Single Statute for Members of the European Parliament – Members of the European Parliament elected in Italian constituencies – Adoption by the Italian Chamber of Deputies of a decision on pensions – Change in the amounts of the pensions of members of the Italian Parliament – Corresponding change, by the European Parliament, in the amounts of the pensions of certain former Members of the European Parliament elected in Italy – Replacement of the decisions of the Parliament – Continuing interest in bringing proceedings for annulment of the judgment of the General Court of the European Union
Language of the case: Italian
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Opinion of Advocate General Kokott delivered on 11 January 2024
ECLI:EU:C:2024:32 |
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Judgment of the Court (Fourth Chamber) of 19 September 2024
ECLI:EU:C:2024:766 |
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Joined Cases C-512/22 P and C-513/22 P Fininvest and Berlusconi v ECB
Appeal – Economic and monetary policy – Prudential supervision of credit institutions – Directive 2013/36/EU – Regulation (EU) No 1024/2013 – Specific supervisory tasks assigned to the European Central Bank (ECB) – Assessment of acquisitions of qualifying holdings – Opposition to the acquisition of a qualifying holding
Language of the case: Italian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 16 May 2024
ECLI:EU:C:2024:414 |
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Judgment of the Court (Fourth Chamber) of 19 September 2024
ECLI:EU:C:2024:774 |
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Joined Cases C-555/22 P, C-556/22 P and C-564/22 P United Kingdom and Others v Commission (Taxation of profits of CFCs)
Appeal – State aid – Aid scheme implemented by the United Kingdom of Great Britain and Northern Ireland in favour of certain multinational groups – Taxation of the non-trading finance profits of controlled foreign companies (CFCs) – Exemptions – Significant people functions – Artificial diversion of profits – Erosion of the tax base – Decision declaring the aid scheme incompatible with the internal market and ordering the recovery of the aid paid – Reference framework – Applicable national law – ‘Normal’ taxation
Language of the case: English
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Opinion of Advocate General Medina delivered on 11 April 2024
ECLI:EU:C:2024:304 |
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Judgment of the Court (Second Chamber) of 19 September 2024
ECLI:EU:C:2024:763 |
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Case C-23/23 Commission v Malta (Dérogation pour des fins de recherche)
Failure of a Member State to fulfil obligations – Directive 2009/147/EC – Conservation of wild birds – Article 5, Article 8(1) and Article 9(1) – Derogation scheme allowing the live-capturing of seven species of wild finches – Member States’ power of derogation for research purposes – Conditions
Language of the case: English
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Opinion of Advocate General Ćapeta delivered on 30 May 2024
ECLI:EU:C:2024:444 |
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Judgment of the Court (First Chamber) of 19 September 2024
ECLI:EU:C:2024:760 |
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Case C-88/23 Parfümerie Akzente v KTF Organisation
Reference for a preliminary ruling – Electronic commerce – Information society services – Directive 2000/31/EC – Coordinated field – Article 2(h) – Online promotion and sale of cosmetic products – Exclusion from the coordinated field of labelling obligations applicable to products promoted and sold by an information society service provider – Directive 75/324/EEC – Article 8(2) – Regulation (EC) No 1223/2009 – Article 19(5) – Option for the Member State of destination to enforce use of a language of its choice
Request for a preliminary ruling from the Svea Hovrätt
Language of the case: Swedish
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Opinion of Advocate General Szpunar delivered on 6 June 2024
ECLI:EU:C:2024:473 |
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Judgment of the Court (Third Chamber) of 19 September 2024
ECLI:EU:C:2024:765 |
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Case C-236/23 Matmut v TN and Others
Reference for a preliminary ruling – Compulsory insurance against civil liability in respect of the use of motor vehicles – Directive 2009/103/EC – Articles 3 and 13 – Insurance contract concluded on the basis of an intentional false statement concerning the usual driver – National legislation providing that the nullity of an insurance contract may be invoked against a ‘passenger victim’, who is also the insurance policyholder, where that nullity results from an intentional false statement made by that person when the contract was concluded – Abuse of rights – Action brought against the policyholder seeking to establish his liability as a result of his intentional false statement
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
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Opinion of Advocate General Szpunar delivered on 27 June 2024
ECLI:EU:C:2024:560 |
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Judgment of the Court (First Chamber) of 19 September 2024
ECLI:EU:C:2024:761 |
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Case C-264/23 Booking.com and Booking.com (Deutschland) v 25hours Hotel Company Berlin and Others
Reference for a preliminary ruling – Competition – Article 101 TFEU – Agreements between undertakings – Contracts concluded between an online reservation platform and hoteliers – Price parity clauses – Ancillary restraint – Block exemption – Vertical agreements – Regulation (EU) No 330/2010 – Article 3(1) – Definition of the relevant market
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
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Opinion of Advocate General Collins delivered on 6 June 2024
ECLI:EU:C:2024:470 |
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Judgment of the Court (Second Chamber) of 19 September 2024
ECLI:EU:C:2024:764 |
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Case C-273/23 Autorità per le Garanzie nelle Comunicazioni and Others v Telecom Italia and Others (Critère de substituabilité)
Reference for a preliminary ruling – Electronic communications networks and services – Universal service and users’ rights – Directive 97/33/EC – Article 5 – Directive 2002/22/EC – Article 13 – Financing of universal service obligations – Concept of ‘unfair’ or ‘undue’ burden – Definition of the entities participating in the mechanism for financing the net cost of those obligations – National legislation providing for the participation of mobile telephone operators in that mechanism – Criteria – Degree of substitutability between fixed telephony services and mobile telephony services
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (First Chamber) of 19 September 2024
ECLI:EU:C:2024:762 |
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Case C-350/23 Vorstand für den Geschäftsbereich II der Agrarmarkt Austria v T F
Reference for a preliminary ruling – Agriculture – Common agricultural policy – Direct support schemes – Delegated Regulation (EU) No 639/2014 – Livestock aid application – Article 53(4) – Conditions for granting coupled support measures for bovine animals – Regulation (EC) No 1760/2000 – Article 7 – Registration of bovine animals – Decision 2001/672/EC – Article 2(2) and (4) – Movement of bovine animals to summer grazing in mountain areas – Late notification – Delegated Regulation (EU) No 640/2014 – Points 2, 15, 16 and 18 of the second subparagraph of Article 2(1) – Article 30(4)(c) – Animal determined – Reduction in coupled support – Article 15(1) – Article 34 – Administrative penalties – Notification of failure to make an entry
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Opinion of Advocate General Kokott delivered on 6 June 2024
ECLI:EU:C:2024:476 |
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Judgment of the Court (Sixth Chamber) of 19 September 2024
ECLI:EU:C:2024:771 |
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Case C-439/23 KV v Consiglio nazionale delle Ricerche
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Recruitment of a fixed-term worker as a permanent worker – Determination of length of service – Failure to take into account periods of employment completed under fixed-term employment contracts concluded before the expiry of the deadline for the transposition of Directive 1999/70 – Immediate application to the future effects of a situation which arose under the old rule
Request for a preliminary ruling from the Tribunale Civile di Padova
Language of the case: Italian
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Judgment of the Court (Sixth Chamber) of 19 September 2024
ECLI:EU:C:2024:773 |
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Case C-501/23 DL v Land Berlin (Actifs d’indépendant)
Reference for a preliminary ruling – Judicial cooperation in civil matters – Insolvency proceedings – Regulation (EU) 2015/848 – Article 3 – International jurisdiction – Centre of main interests of an individual exercising an independent business activity – Concept of ‘principal place of business’ – Concept of ‘establishment’ – Chairman of the supervisory board of a public limited company
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 19 September 2024
ECLI:EU:C:2024:776 |
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Case C-504/24 PPU Criminal proceedings against RT
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Article 99 of the Rules of Procedure of the Court of Justice – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Article 1(3) – Article 4a – Surrender procedure between Member States – Grounds for optional non-execution – Article 48(2) of the Charter of Fundamental Rights of the European Union – Rights of the defence – Directive 2012/13/EU – Article 6 – Right to information in criminal proceedings – Directive 2013/48/EU – Article 3 – Right of access to a lawyer in criminal proceedings – Decision rendered following a trial at which the accused person neither appeared nor was represented by a lawyer – National legislation not permitting refusal to surrender the person concerned – Compliance with EU law
Request for a preliminary ruling from the Corte di Appello di Roma
Language of the case: Italian
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Order of the Court (First Chamber) of 20 September 2024
ECLI:EU:C:2024:779 |
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Case C-768/21 TR v Land Hessen (Obligation d’agir de l’autorité de protection des données)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 57(1)(a) and (f) – Tasks of the supervisory authority – Article 58(2) – Corrective powers – Administrative fine – Discretion of the supervisory authority – Limits
Request for a preliminary ruling from the Verwaltungsgericht Wiesbaden
Language of the case: German
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Opinion of Advocate General Pikamäe delivered on 11 April 2024
ECLI:EU:C:2024:291 |
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Judgment of the Court (First Chamber) of 26 September 2024
ECLI:EU:C:2024:785 |
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Joined Cases C-790/21 P and C-791/21 P Covestro Deutschland and Germany v Commission
Appeal – State aid – Aid scheme implemented by the Federal Republic of Germany in favour of large electricity consumers – Exemption from network charges in 2012 and 2013 – Decision declaring the aid scheme incompatible with the internal market – Action for annulment – Time limit for bringing proceedings – Admissibility – Article 107(1) TFEU – Concept of ‘State aid’ – State resources – Parafiscal charge or other compulsory surcharges
Language of the case: German
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Opinion of Advocate General Medina delivered on 9 November 2023
ECLI:EU:C:2023:849 |
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Judgment of the Court (Third Chamber) of 26 September 2024
ECLI:EU:C:2024:792 |
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Joined Cases C-792/21 P and C-793/21 P AZ and Germany v Commission
Appeal – State aid – Aid scheme implemented by the Federal Republic of Germany in favour of large electricity consumers – Exemption from network charges in 2012 and 2013 – Decision declaring the aid scheme incompatible with the internal market – Action for annulment – Time limit for bringing proceedings – Admissibility – Article 107(1) TFEU – Concept of ‘State aid’ – State resources – Parafiscal charge or other compulsory surcharges
Language of the case: German
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Opinion of Advocate General Medina delivered on 9 November 2023
ECLI:EU:C:2023:853 |
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Judgment of the Court (Third Chamber) of 26 September 2024
ECLI:EU:C:2024:793 |
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Joined Cases C-794/21 P and C-800/21 P Germany and Others v Commission
Appeal – State aid – Aid scheme implemented by the Federal Republic of Germany in favour of large electricity consumers – Exemption from network charges in 2012 and 2013 – Decision declaring the aid scheme incompatible with the internal market – Action for annulment – Time limit for bringing proceedings – Admissibility – Article 107(1) TFEU – Concept of ‘State aid’ – State resources – Parafiscal charge or other compulsory surcharges
Language of the case: German
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Opinion of Advocate General Medina delivered on 9 November 2023
ECLI:EU:C:2023:854 |
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Judgment of the Court (Third Chamber) of 26 September 2024
ECLI:EU:C:2024:796 |
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Joined Cases C-795/21 P and C-796/21 P WEPA Hygieneprodukte and Others v Commission
Appeal – State aid – Aid scheme implemented by the Federal Republic of Germany in favour of large electricity consumers – Exemption from network charges in 2012 and 2013 – Decision declaring the aid scheme incompatible with the internal market – Action for annulment – Time limit for bringing proceedings – Admissibility – Article 107(1) TFEU – Concept of ‘State aid’ – State resources – Parafiscal charge or other compulsory surcharges
Language of the case: German
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Opinion of Advocate General Medina delivered on 9 November 2023
ECLI:EU:C:2023:855 |
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Judgment of the Court (Third Chamber) of 26 September 2024
ECLI:EU:C:2024:807 |
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Joined Cases C-160/22 P and C-161/22 P Commission v HB
Appeal – Public supply contracts – Irregularities in the procedure for the award of a public contract – European Commission recovery decision adopted after the signature of the contract – Legal nature – Decision not having effects exclusively in the context of that contract – Protection of the European Union’s financial interests – Administrative measures – Exercise of powers as a public authority – Action for annulment – Article 263 TFEU – Jurisdiction of the EU judicature
Language of the case: French
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Opinion of Advocate General Kokott delivered on 25 January 2024
ECLI:EU:C:2024:84 |
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Judgment of the Court (Third Chamber) of 26 September 2024
ECLI:EU:C:2024:799 |
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Case C-255/22 P Orlen v Commission
Appeal – Competition – Gas markets of Central and Eastern Europe – Article 102 TFEU – Article 54 of the Agreement on the European Economic Area – Abuse of dominant position – Upstream gas supplies in Central and Eastern Europe – Regulation (EC) No 1/2003 – Article 9(1) – Decision of the European Commission to make binding the individual commitments proposed by an undertaking – Action for annulment – Adequacy of those commitments in the light of the competition concerns identified in the statement of objections – Nature of the EU Courts’ power of review – Commission decision not to require commitments in relation to some of the initial concerns – Principle of good administration – Principle of proportionality – Obligation to state reasons – Energy policy objectives of the European Union – Article 194 TFEU – Principle of energy solidarity
Language of the case: Polish
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Opinion of Advocate General Rantos delivered on 6 June 2024
ECLI:EU:C:2024:466 |
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Judgment of the Court (Second Chamber) of 26 September 2024
ECLI:EU:C:2024:790 |
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Case C-387/22 Nord Vest Pro Sani Pro v Administraţia Judeţeană a Finanţelor Publice Satu Mare and Direcţia Generală Regională a Finanţelor Publice Cluj-Napoca
Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Construction sector – Posting of workers – Tax and social security advantages granted to employees and construction undertakings – Exemption from income tax – Exemption from health insurance contributions – Reduction in social security contributions – National legislation reserving the benefit of those advantages solely to construction services carried out in national territory – Legislation seeking to preserve labour in the national territory and to avoid concealed employment for salary-related reasons – Comparability of situations – Overriding reasons in the public interest – Social security protection of workers – The fight against tax fraud – Proportionality
Request for a preliminary ruling from the Tribunalul Satu Mare
Language of the case: Romanian
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Opinion of Advocate General Kokott delivered on 9 November 2023
ECLI:EU:C:2023:848 |
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Judgment of the Court (First Chamber) of 26 September 2024
ECLI:EU:C:2024:786 |
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Case C-600/22 P CPC and ACO v Parliament
Appeal – Law governing the institutions – Members of the European Parliament – Official communication, by the Member States, of the names of elected Members – Powers of the Parliament – Request for defence of immunity – Acts in respect of which an action for annulment cannot be brought
Language of the case: English
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Opinion of Advocate General Szpunar delivered on 11 April 2024
ECLI:EU:C:2024:305 |
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Judgment of the Court (Fourth Chamber) of 26 September 2024
ECLI:EU:C:2024:803 |
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Case C-710/22 P JCDecaux Street Furniture Belgium v Commission
Appeal – State aid – Article 107(1) TFEU – Aid granted by Belgium to JCDecaux Street Furniture Belgium – Advertising displays installed in the City of Brussels (Belgium) – Non-payment of rent and taxes applicable to those displays – Aid declared incompatible with the internal market – Obligation to recover that aid – Concept of ‘advantage’ – Determination of the applicable legal framework – Method for calculating the amount of aid to be recovered
Language of the case: French
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Opinion of Advocate General Collins delivered on 11 April 2024
ECLI:EU:C:2024:300 |
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Judgment of the Court (First Chamber) of 26 September 2024
ECLI:EU:C:2024:787 |
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Case C-792/22 Criminal proceedings against MG
Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Directive 89/391/EEC – General obligations relating to the protection of safety and health – Parallel national proceedings – Judgment of an administrative court having force of res judicata before the criminal court – Classification of an event as an ‘accident at work’ – Effectiveness of the protection of the rights guaranteed by Directive 89/391 – Article 47 of the Charter of Fundamental Rights of the European Union – Right to be heard – Disciplinary proceedings against a judge of an ordinary court in the event of failure to comply with a decision of a constitutional court that is contrary to EU law – Primacy of EU law
Request for a preliminary ruling from the Curtea de Apel Braşov
Language of the case: Romanian
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Opinion of Advocate General Rantos delivered on 11 April 2024
ECLI:EU:C:2024:302 |
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Judgment of the Court (First Chamber) of 26 September 2024
ECLI:EU:C:2024:788 |
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Case C-164/23 VOLÁNBUSZ v Bács-Kiskun Vármegyei Kormányhivatal
Reference for a preliminary ruling – Road transport – Harmonisation of certain provisions of social legislation – Regulation (EC) No 561/2006 – Article 9(3) – Concept of ‘employer’s operational centre where the driver is normally based’ – Place where a driver takes charge of a vehicle falling within the scope of that regulation – Concept of ‘other work’ – Time spent by that driver driving a vehicle falling outside the scope of that regulation to travel to or from that operational centre
Request for a preliminary ruling from the Szegedi Törvényszék
Language of the case: Hungarian
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Judgment of the Court (Third Chamber) of 26 September 2024
ECLI:EU:C:2024:801 |
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Case C-329/23 Sozialversicherungsanstalt der Selbständigen v Dr. W M and Bundesminister für Soziales, Gesundheit, Pflege und Konsumentenschutz
Reference for a preliminary ruling – Migrant workers – Social security – Legislation applicable – Regulation (EEC) No 1408/71 – Articles 13 and 14a – Regulation (EC) No 883/2004 – Article 11 and Article 13(2) – Worker simultaneously pursuing an activity as a self-employed person in the territory of two or more States, including a Member State of the European Union, a State of the European Free Trade Association, which is a party to the Agreement on the European Economic Area, and the Swiss Confederation – Article 87(8) – Concept of ‘relevant situation’ – Agreement on the European Economic Area – Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 26 September 2024
ECLI:EU:C:2024:802 |
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Case C-330/23 Verbraucherzentrale Baden-Württemberg v Aldi Süd Dienstleistungs-SE
Reference for a preliminary ruling – Consumer protection – Indication of the prices of products – Directive 98/6/EC – Article 6a – Price reduction announcements – Conditions – Concept of ‘prior price’ – Obligation to determine the announced price reduction on the basis of the prior price
Request for a preliminary ruling from the Landgericht Düsseldorf
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 26 September 2024
ECLI:EU:C:2024:804 |
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Case C-368/23 Haut Conseil du commissariat aux comptes v MO
Reference for a preliminary ruling – Article 267 TFEU – Definition of ‘court or tribunal’ – Criteria relating to the constitution and function of that body – Exercise of judicial or administrative functions – Public authority not subject to regulation and/or oversight of statutory auditors – Internal organisational arrangements – Power to initiate infringement proceedings – Power to impose penalties – Decision against which an action for annulment may be brought – No status as ‘third party’ in relation to the authority having adopted the decision under judicial review – Inadmissibility
Request for a preliminary ruling from the formation restreinte du Haut Conseil du commissariat aux comptes
Language of the case: French
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 13 June 2024
ECLI:EU:C:2024:510 |
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Judgment of the Court (First Chamber) of 26 September 2024
ECLI:EU:C:2024:789 |
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Joined Cases C-403/23 and C-404/23 Luxone and Sofein v Consip
References for a preliminary ruling – Public procurement – Directive 2004/18/EC – Article 47(3) – Article 48(4) – Exclusion of a tenderer from the tender procedure – Exclusion of the possibility to reduce the initial membership of a temporary group of undertakings which has submitted a tender – Not compatible – Period of validity of a tender – Tender does not lapse at the end of its term – Obligation under the case-law to expressly withdraw that tender – Loss of the provisional security accompanying that tender – Automatic application of that measure – Article 2 – Principles relating to public procurement – Principle of proportionality – Principle of equal treatment – Obligation of transparency – Infringement
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Eighth Chamber) of 26 September 2024
ECLI:EU:C:2024:805 |
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Case C-432/23 F and Ordre des avocats du barreau de Luxembourg v Administration des contributions directes
Reference for a preliminary ruling – Administrative cooperation in the field of taxation – Directive 2011/16/EU – Exchange of information on request – Decision ordering a lawyer to communicate information – Legal professional privilege – Article 7 and Article 52(1) of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Cour administrative
Language of the case: French
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Opinion of Advocate General Kokott delivered on 30 May 2024
ECLI:EU:C:2024:446 |
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Judgment of the Court (Second Chamber) of 26 September 2024
ECLI:EU:C:2024:791 |
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Information (on unpublished decisions)
Case C-601/19 P-DEP FRA v BP
Taxation of costs
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Order of the Court (Seventh Chamber) of 3 September 2024 ECLI:EU:C:2024:712 |
Case C-669/19 P-DEP FRA v BP
Taxation of costs
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Order of the Court (Seventh Chamber) of 3 September 2024 ECLI:EU:C:2024:710 |
Case C-658/23 Investcapital v TK
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Order of the Court (Seventh Chamber) of 3 September 2024 ECLI:EU:C:2024:716 |
Case C-83/24 P Riviera and Riviera Pharma & Cosmetics v Austria
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Order of the Court (Ninth Chamber) of 3 September 2024 ECLI:EU:C:2024:713 |
Case C-109/24 P Van Oosterwijck v Commission
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Order of the Court (Seventh Chamber) of 3 September 2024 ECLI:EU:C:2024:754 |
Case C-334/24 P DEC Technologies v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 3 September 2024 ECLI:EU:C:2024:711 |
Case C-249/23 P ClientEarth v Commission
Appeal – Access to documents of the institutions of the European Union – Regulation (EC) No 1049/2001 – Article 4(2) – Community control system for fisheries – Regulation (EC) No 1224/2009 – Documents concerning the state of play of the implementation of fisheries control in France and Denmark – Partial refusal to grant access – Exception relating to the protection of the purpose of inspections, investigations and audits – General presumption of confidentiality – Overriding public interest
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Judgment of the Court (Fourth Chamber) of 5 September 2024 ECLI:EU:C:2024:691 |
Case C-309/23 P SE v Commission
Appeal – Civil service – Members of the temporary staff – Recruitment – European Commission’s pilot programme for recruiting junior administrators – Rejection of application – Eligibility conditions – Criterion of a maximum of three years of professional experience – Equal treatment – Discrimination based on age – Competence to adopt the criterion at issue
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Judgment of the Court (Sixth Chamber) of 5 September 2024 ECLI:EU:C:2024:693 |
Case C-123/24 UO v Predsedatel na Balgarskata federatsia po ribolovni sportove
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Order of the Court (Seventh Chamber) of 6 September 2024 ECLI:EU:C:2024:721 |
Case C-511/24 P(R) Aylo Freesites v Commission
Appeal – Interim relief – Approximation of laws – Regulation (EU) 2022/2065 – Single market for digital services – Additional online advertising transparency – Decision to designate as a very large online platform – Action for annulment – Balancing of competing interests
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Order of the Vice-President of the Court of 6 September 2024 ECLI:EU:C:2024:719 |
Case C-65/24 SwiftSuit Legal Tech v WIENER LINIEN
Reference for a preliminary ruling – Article 53(2) and Article 94(c) of the Rules of Procedure of the Court of Justice – Principle of equal treatment between persons irrespective of racial or ethnic origin – Directive 2000/43/EC – Article 2(2)(b) – Prohibition of indirect discrimination based on racial or ethnic origin – Public transport travel cards available to students, the price of which depends on their place of residence – Requirement to state the reasons justifying the need for a reply from the Court – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Seventh Chamber) of 10 September 2024 ECLI:EU:C:2024:728 |
Case C-341/23 Commission v Slovakia ( Mise en conformité de décharges)
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Judgment of the Court (Sixth Chamber) of 12 September 2024 ECLI:EU:C:2024:740 |
Case C-566/23 P D'Agostino and Dafin v ECB
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Judgment of the Court (Seventh Chamber) of 12 September 2024 ECLI:EU:C:2024:743 |
Case C-571/23 P D’Agostino v ECB
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Judgment of the Court (Seventh Chamber) of 12 September 2024 ECLI:EU:C:2024:744 |
Case C-574/23 P Nardi v ECB
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Judgment of the Court (Seventh Chamber) of 12 September 2024 ECLI:EU:C:2024:746 |
Case C-122/24 LM v Direktor na Oblastna direktsia na MVR - Veliko Tarnovo
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Order of the Court (Ninth Chamber) of 12 September 2024 ECLI:EU:C:2024:782 |
Case C-339/24 P Puma v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 18 September 2024 ECLI:EU:C:2024:777 |
Case C-412/23 Commission v Slovakia (Retard de paiement – Établissements publics de santé)
Failure of a Member State to fulfil obligations – Directive 2011/7/EU – Combating late payments in commercial transactions – Article 4(4)(b) – Commercial transactions between undertakings and public authorities – Power conferred on Member States to extend up to a maximum of 60 calendar days the time limit for payment for public entities providing healthcare – Duty of Member States to ensure that those public entities do not in practice exceed that time limit
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Judgment of the Court (Eighth Chamber) of 19 September 2024 ECLI:EU:C:2024:775 |
Case C-265/24 BN v Stadtgemeinde Rattenberg
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Order of the Court (Ninth Chamber) of 23 September 2024 ECLI:EU:C:2024:780 |
Case C-355/24 P Puma v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 24 September 2024 ECLI:EU:C:2024:784 |
Case C-340/23 P ATPN v Commission
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Judgment of the Court (Eighth Chamber) of 26 September 2024 ECLI:EU:C:2024:806 |
Case C-550/23 NV v Agentsia za darzhavna finansova inspektsia
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Order of the Court (Seventh Chamber) of 26 September 2024 ECLI:EU:C:2024:808 |
Case C-143/24 PL v Belgian State
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Order of the Court (Ninth Chamber) of 26 September 2024 ECLI:EU:C:2024:810 |
October 2024
Case C-1/24 X v Achmea Schadeverzekeringen
Reference for a preliminary ruling – Article 53(2) of the Rules of Procedure of the Court of Justice – Article 267 TFEU – Concept of ‘court or tribunal’ – College voor de Rechten van de Mens (Institute for Human Rights, Netherlands) – Compulsory jurisdiction – Non-binding decision – Manifest inadmissibility
Request for a preliminary ruling from the College voor de Rechten van de Mens
Language of the case: Dutch
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Order of the Court (Ninth Chamber) of 2 October 2024
ECLI:EU:C:2024:817 |
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Joined Cases C-541/20 to C-555/20 Lithuania and Others v Parliament and Council (Mobility package)
Action for annulment – First package of mobility measures (‘Mobility Package’) – Regulation (EU) 2020/1054 – Maximum daily and weekly driving times – Minimum breaks and daily and weekly rest periods – Organisation of the work of the drivers in such a way that the drivers are able to return every three or four weeks, depending on the case, to their place of residence or to the operational centre of their employer to begin and spend their regular or compensatory weekly rest period – Prohibition on taking regular or compensatory weekly rest in the vehicle – Time limit for the installation of second generation (V2) smart tachographs – Date of entry into force – Regulation (EU) 2020/1055 – Conditions relating to the requirement of establishment – Obligation to return the vehicle to the operational centre in the Member State of establishment – Obligation concerning the number of vehicles and drivers normally based at the operational centre of the Member State of establishment – Cabotage – Cooling-off period of four days for cabotage – Derogation for cabotage as part of combined transport operations – Directive (EU) 2020/1057 – Specific rules for posting drivers in the road transport sector – Transposition period – Internal market – Specific regime applicable to the freedom to provide transport services – Common transport policy – Articles 91 and 94 TFEU – Fundamental freedoms – Principle of proportionality – Impact assessment – Principles of equal treatment and non-discrimination – Principles of legal certainty and protection of legitimate expectations – Protection of the environment – Article 11 TFEU – Consultation of the European Economic and Social Committee and the European Committee of the Regions
Languages of the case: Lithuanian, Bulgarian, Romanian, Greek, Hungarian, English and Polish
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Opinion of Advocate General Pitruzzella delivered on 14 November 2023
ECLI:EU:C:2023:866 |
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Rectification order of 19 December 2024
ECLI:EU:C:2024:1060 |
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Rectification order of 12 March 2025
ECLI:EU:C:2025:188 |
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Judgment of the Court (Grand Chamber) of 4 October 2024
ECLI:EU:C:2024:818 |
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Case C-446/21 Schrems v Meta Platforms Ireland (Communication de données au grand public)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Online social networks – General terms of use relating to contracts concluded between a digital platform and a user – Personalised advertising – Article 5(1)(b) – Principle of purpose limitation – Article 5(1)(c) – Principle of data minimisation – Article 9(1) and (2) – Processing of special categories of personal data – Data concerning sexual orientation – Data which are made public by the data subject
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Opinion of Advocate General Rantos delivered on 25 April 2024
ECLI:EU:C:2024:366 |
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Judgment of the Court (Fourth Chamber) of 4 October 2024
ECLI:EU:C:2024:834 |
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Case C-548/21 C.G. v Bezirkshauptmannschaft Landeck (Attempt to access personal data stored on a mobile telephone)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences – Directive (EU) 2016/680 – Article 3(2) – Concept of ‘processing’ – Article 4 – Principles relating to processing of personal data – Article 4(1)(c) – Principle of ‘data minimisation’ – Articles 7, 8 and 47 and Article 52(1) of the Charter of Fundamental Rights of the European Union – Requirement that a limitation on the exercise of a fundamental right must be ‘provided for by law’ – Proportionality – Assessment of proportionality in the light of all the relevant factors – Prior review by a court or independent administrative authority – Article 13 – Information to be made available or given to the data subject – Limits – Article 54 – Right to an effective judicial remedy against a controller or processor – Police investigation in relation to narcotics trafficking – Attempt, by the police, to unlock a mobile telephone in order to gain access, for the purposes of that investigation, to the personal data stored in that telephone
Request for a preliminary ruling from the Landesverwaltungsgericht Tirol
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 20 April 2023
ECLI:EU:C:2023:313 |
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Judgment of the Court (Grand Chamber) of 4 October 2024
ECLI:EU:C:2024:830 |
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Joined Cases C-778/21 P and C-798/21 P Commission v Council and Council v Front Polisario
[As rectified by order of 15 January 2025] Appeal – External action – International agreements – Sustainable Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco – Decision on the conclusion of that agreement and the implementation protocol thereto – Allegations of infringements of international law resulting from the applicability of that agreement to the waters adjacent to Western Sahara – Action for annulment – Admissibility – Capacity to be a party to legal proceedings – Locus standi – Condition that an applicant must, in certain cases, be directly and individually concerned by the measure in question – Principle of the relative effect of treaties – Principle of self-determination – Non-self-governing territories – Article 73 of the Charter of the United Nations – Discretion of the Council of the European Union – Customary international law – General principles of EU law – Consent of the people of a non-self-governing territory which holds a right to self-determination as a third party to an international agreement
Language of the case: French
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Opinion of Advocate General Ćapeta delivered on 21 March 2024
ECLI:EU:C:2024:258 |
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Judgment of the Court (Grand Chamber) of 4 October 2024
ECLI:EU:C:2024:833 |
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Joined Cases C-779/21 P and C-799/21 P Commission v Council and Council v Front Polisario
Appeals – External action – International agreements – Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part – Agreement on the amendment of Protocols 1 and 4 to that agreement – Concluding act – Allegations of infringements of international law resulting from the applicability of that second agreement to the territory of Western Sahara – Action for annulment – Admissibility – Capacity to be a party to legal proceedings – Locus standi – Condition that an applicant must, in certain cases, be directly and individually concerned by the measure in question – Principle of the relative effect of treaties – Principle of self-determination – Non-self-governing territories – Article 73 of the Charter of the United Nations – Discretion of the Council of the European Union – Customary international law – General principles of EU law – Consent of the people of a non-self-governing territory which holds a right to self-determination as a third party to an international agreement
Language of the case: French
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Opinion of Advocate General Ćapeta delivered on 21 March 2024
ECLI:EU:C:2024:260 |
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Judgment of the Court (Grand Chamber) of 4 October 2024
ECLI:EU:C:2024:835 |
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Case C-237/22 P Mylan IRE Healthcare v Commission
Appeal – Regulation (EC) No 141/2000 – Orphan medicinal products – Articles 3 and 8 – Concept of ‘significant benefit’ – Concept of ‘clinical superiority’ – Regulation (EC) No 847/2000 – Article 3 – Marketing authorisation for the medicinal product for human use Tobramycin VVB – Period of market exclusivity of Tobi Podhaler, containing the active substance tobramycin – Derogation from that market exclusivity
Language of the case: English
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Opinion of Advocate General Emiliou delivered on 11 July 2024
ECLI:EU:C:2024:618 |
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Judgment of the Court (Eighth Chamber) of 4 October 2024
ECLI:EU:C:2024:850 |
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Case C-399/22 Confédération paysanne v Ministre de l’Agriculture et de la Souveraineté alimentaire and Ministre de l'Économie, des Finances et de la Souveraineté industrielle et numérique (Melons and tomatoes from Western Sahara)
Reference for a preliminary ruling – Common commercial policy – International agreements – Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part – Amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement – Regulation (EU) No 1169/2011 – Article 9 – Article 26(2) – Implementing Regulation (EU) No 543/2011 – Article 3(1) and (2) – Article 5(1) and (2) – Article 8 – Article 15(1) and (4) – Annex I – Annex IV – Regulation (EU) No 1308/2013 – Article 76 – Provision of food information to consumers – Mandatory indication of the country of origin or place of provenance of foods – Fruit and vegetables harvested in Western Sahara – Request for a Member State unilaterally to ban imports of those goods in its territory – Mandatory indication of Western Sahara as the place of provenance of tomatoes and melons harvested in that territory
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Ćapeta delivered on 21 March 2024
ECLI:EU:C:2024:262 |
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Judgment of the Court (Grand Chamber) of 4 October 2024
ECLI:EU:C:2024:839 |
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Case C-406/22 CV v Ministerstvo vnitra České republiky, Odbor azylové a migrační politiky
Reference for a preliminary ruling – Asylum policy – International protection – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Articles 36 and 37 – Concept of ‘safe country of origin’ – Designation – Annex I – Criteria – Article 46 – Right to an effective remedy – Examination by the court of the designation of a third country as a safe country of origin
Request for a preliminary ruling from the Krajský soud v Brně
Language of the case: Czech
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Opinion of Advocate General Emiliou delivered on 30 May 2024
ECLI:EU:C:2024:442 |
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Judgment of the Court (Grand Chamber) of 4 October 2024
ECLI:EU:C:2024:841 |
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Case C-412/22 Autoridade Tributária e Aduaneira v NT (Effets de l’abrogation d’un droit antidumping)
Reference for a preliminary ruling – Dumping – Importation of certain iron or steel fasteners originating in the People’s Republic of China – Imports of certain iron or steel fasteners consigned from Malaysia – Implementing Regulation (EU) 2016/278 – Repeal of the anti-dumping duties imposed by Regulation (EC) No 91/2009 – Entry into effect of that repeal – Imports prior to that entry into effect – Post-clearance recovery of anti-dumping duties
Request for a preliminary ruling from the Supremo Tribunal Administrativo
Language of the case: Portuguese
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Judgment of the Court (Ninth Chamber) of 4 October 2024
ECLI:EU:C:2024:855 |
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Case C-535/22 P Aeris Invest v Commission and SRB
Appeal – Economic and monetary policy – Banking Union – Regulation (EU) No 806/2014 – Single Resolution Mechanism for credit institutions and certain investment firms – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption of a resolution scheme in respect of Banco Popular Español SA – Article 18(1) – Conditions for the adoption of a resolution scheme – Obligations of the Single Resolution Board (SRB) – Duty of care – Obligation to state reasons – Article 88 – Obligation of confidentiality – Article 14 – Resolution objectives – Sale of business of the entity concerned – Conditions of sale under which an offer may be accepted – Charter of Fundamental Rights of the European Union – Article 17 – Shareholders’ right to property – Validity of Regulation (EU) No 806/2014
Language of the case: Spanish
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Opinion of Advocate General Ćapeta delivered on 14 March 2024
ECLI:EU:C:2024:233 |
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Judgment of the Court (First Chamber) of 4 October 2024
ECLI:EU:C:2024:819 |
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Case C-541/22 P García Fernández and Others v Commission and SRB
Appeal – Economic and monetary policy – Banking union – Regulation (EU) No 806/2014 – Single Resolution Mechanism for credit institutions and certain investment firms – Resolution procedure applicable where an entity is failing or is likely to fail – Adoption of a resolution scheme in respect of Banco Popular Español SA – Article 14 – Resolution objectives – Article 18(1) – Conditions for the adoption of a resolution scheme – Obligations of the Single Resolution Board (SRB) and of the European Commission – Article 20 – Valuations for the purposes of resolution – Requirements – Articles 88 to 91 – Obligation of confidentiality – Right of access to the file – Statements to the press
Language of the case: Spanish
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Opinion of Advocate General Ćapeta delivered on 14 March 2024
ECLI:EU:C:2024:236 |
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Judgment of the Court (First Chamber) of 4 October 2024
ECLI:EU:C:2024:820 |
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Case C-546/22 GF v Schauinsland-Reisen
Reference for a preliminary ruling – Package travel and linked travel arrangements – Directive (EU) 2015/2302 – Article 12(3) – Termination of a package travel contract by the organiser – Unavoidable and extraordinary circumstances – Performance of the trip prevented as a result of such circumstances – Official recommendation advising against travel to the destination country due to the spread of COVID-19
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 4 October 2024
ECLI:EU:C:2024:847 |
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Case C-581/22 P thyssenkrupp v Commission
Appeal – Competition – Regulation (EC) No 139/2004 – Concentration between undertakings – Decision declaring the concentration incompatible with the internal market and the functioning of the EEA Agreement – Determination of the relevant markets – Significant impediment to effective competition – Creation or strengthening of a dominant position – Non-coordinated effects – Standard of proof – Concepts of ‘important competitive force’ and ‘close competitors’ – Closeness of competition between the merging parties – Herfindahl-Hirschmann Index – Requests for information – Distortion
Language of the case: English
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Judgment of the Court (First Chamber) of 4 October 2024
ECLI:EU:C:2024:821 |
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Case C-585/22 X v Staatssecretaris van Financiën (Intérêts relatifs à un emprunt intragroupe)
Reference for a preliminary ruling – Freedom of establishment – Article 49 TFEU – Corporation tax – Intra-group cross-border loan for the purposes of financing the acquisition or the extension of an interest in a company not related to the group concerned that becomes, as a result of that transaction, related to that group – Deduction of interest paid on that loan – Loan contracted on an arm’s length basis – Concept of ‘wholly artificial arrangement’ – Principle of proportionality
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Opinion of Advocate General Emiliou delivered on 14 March 2024
ECLI:EU:C:2024:238 |
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Judgment of the Court (First Chamber) of 4 October 2024
ECLI:EU:C:2024:822 |
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Joined Cases C-608/22 and C-609/22 AH and FN v Bundesamt für Fremdenwesen und Asyl (Afghan women)
References for a preliminary ruling – Area of freedom, security and justice – Common asylum policy – Directive 2011/95/EU – Conditions that must be fulfilled by third-country nationals in order to be granted refugee status – Article 2(d) and (e) – Concept of ‘act of persecution’ – Level of seriousness required – Article 9 – Sufficiently severe accumulation of measures that discriminate against women – Article 9(1)(b) – Types of acts of persecution – Article 9(2) – Assessment of applications for international protection – Article 4(3) – Obligation to carry out an individual assessment – Scope
Requests for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 9 November 2023
ECLI:EU:C:2023:856 |
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Judgment of the Court (Third Chamber) of 4 October 2024
ECLI:EU:C:2024:828 |
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Case C-621/22 Koninklijke Nederlandse Lawn Tennisbond v Autoriteit Persoonsgegevens
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 5(1)(a) – Lawfulness of processing – Point (f) of the first subparagraph of Article 6(1) – Necessity of processing for the purposes of the legitimate interests pursued by the controller or by a third party – Concept of ‘legitimate interests’ – Commercial interest – Sports federation – Disclosure, for consideration, of the personal data of the members of a sports federation to sponsors without the consent of those members
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
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Judgment of the Court (Ninth Chamber) of 4 October 2024
ECLI:EU:C:2024:857 |
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Case C-621/22 Koninklijke Nederlandse Lawn Tennisbond v Autoriteit Persoonsgegevens
Request for a preliminary ruling from the Rechtbank Amsterdam
Language of the case: Dutch
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Judgment of the Court (Ninth Chamber) of 4 October 2024
ECLI:EU:C:2024:858 |
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Case C-633/22 Real Madrid Club de Fútbol and AE v EE and Société Éditrice du Monde
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EC) No 44/2001 – Articles 34 and 45 – Recognition and enforcement of judgments – Revocation of a declaration of enforceability of judgments – Grounds for refusal – Public policy in the State in which recognition is sought – Penalty imposed on a newspaper and one of its journalists for harm caused to the reputation of a sports club – Damages – Article 11 of the Charter of Fundamental Rights of the European Union – Freedom of the press
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
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Opinion of Advocate General Szpunar delivered on 8 February 2024
ECLI:EU:C:2024:127 |
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Judgment of the Court (Grand Chamber) of 4 October 2024
ECLI:EU:C:2024:843 |
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Case C-650/22 FIFA v BZ
Reference for a preliminary ruling – Internal market – Competition – Rules introduced by an international sports association and implemented by that association with the assistance of its members – Professional football – Private law entities vested with regulatory and control powers, and the power to impose sanctions – Regulations on the Status and Transfer of Players – Regulations relating to the employment contracts concluded between clubs and players – Early termination of an employment contract by the player – Player required to pay compensation – Joint and several liability of the new club – Sanctions – Prohibition on issuing and registering the player’s International Transfer Certificate while a dispute relating to the early termination of the employment contract is pending – Prohibition of registration of other players – Article 45 TFEU – Restriction on the freedom of movement of workers – Justification – Article 101 TFEU – Decision by an association of undertakings having as its object the prevention or restriction of competition – Employment market – Recruitment of players by clubs – Market for interclub football competitions – Participation of clubs and players in sporting competitions – Restriction of competition by object – Exemption
Request for a preliminary ruling from the Cour d'appel de Mons
Language of the case: French
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Opinion of Advocate General Szpunar delivered on 30 April 2024
ECLI:EU:C:2024:375 |
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Judgment of the Court (Second Chamber) of 4 October 2024
ECLI:EU:C:2024:824 |
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Case C-721/22 P Commission v PB
Appeal – Public service contracts – Irregularities in the procedure for the award of contracts – Regulation (EC) No 2988/95 – Articles 4, 5 and 7 – Decision for the recovery of amounts wrongly paid – Debit notes – Distinction between administrative measures and administrative penalties – Possibility of adopting an administrative measure in the absence of a sectoral rule – Recovery decision based on Regulation No 2988/95 and Regulation (EC, Euratom) No 1605/2002 – Regulation No 1605/2002 – Article 103 – Possibility of recovery from the director of the economic operator benefiting from European Union funds
Language of the case: French
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Judgment of the Court (Third Chamber) of 4 October 2024
ECLI:EU:C:2024:836 |
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Case C-727/22 Friends of the Irish Environment v Government of Ireland and Others (Project Ireland 2040)
Reference for a preliminary ruling – Environment – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Article 2(a) – Concept of ‘plans and programmes … which are required by legislative, regulatory or administrative provisions’ – Measure adopted by the government of a Member State solely on the basis of a provision of the Constitution of that Member State providing that the executive power of the State is to be exercised by or on the authority of that government
Request for a preliminary ruling from the Supreme Court
Language of the case: English
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Opinion of Advocate General Kokott delivered on 21 March 2024
ECLI:EU:C:2024:266 |
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Judgment of the Court (Second Chamber) of 4 October 2024
ECLI:EU:C:2024:825 |
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Joined Cases C-767/22, C-49/23 and C-161/23 1Dream and Others v Latvijas Republikas Saeima
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Confiscation of crime-related proceeds, instrumentalities and property – Framework Decision 2005/212/JHA – Directive 2014/42/EU – Scope – National criminal proceedings capable of leading to the confiscation of illegally obtained assets – No finding of a criminal offence – Confiscation without conviction – Reasons other than illness or absconding
Requests for a preliminary ruling from the Satversmes tiesa
Language of the case: Latvian
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Judgment of the Court (First Chamber) of 4 October 2024
ECLI:EU:C:2024:823 |
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Case C-793/22 Biohemp Concept v Direcţia pentru Agricultură Judeţeană Alba
Reference for a preliminary ruling – Common agricultural policy – Regulation (EU) No 1305/2013 – Regulation (EU) No 1307/2013 – Regulation (EU) No 1308/2013 – Cultivation of hemp (Cannabis sativa) – Refusal to issue a permit for the cultivation of hemp using hydroponic systems in an indoor environment
Request for a preliminary ruling from the Curtea de Apel Alba Iulia
Language of the case: Romanian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 21 March 2024
ECLI:EU:C:2024:270 |
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Judgment of the Court (Fourth Chamber) of 4 October 2024
ECLI:EU:C:2024:837 |
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Case C-4/23 M.-A.A. v Direcţia de Evidenţă a Persoanelor Cluj and Others
Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Articles 7 and 45 of the Charter of Fundamental Rights of the European Union – Right to move and reside freely within the territory of the Member States – Union citizen who has lawfully acquired, during the exercise of that right and his residence in another Member State, a change of his first name and gender identity – Obligation on the part of that Member State to recognise and enter in the birth certificate that change of first name and gender identity – National legislation which does not permit such recognition and entry, obliging the party concerned to bring new judicial proceedings for a change of gender identity in the Member State of origin – Effect of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union
Request for a preliminary ruling from the Judecătoria Sectorului 6 Bucureşti
Language of the case: Romanian
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Opinion of Advocate General Richard de la Tour delivered on 7 May 2024
ECLI:EU:C:2024:385 |
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Judgment of the Court (Grand Chamber) of 4 October 2024
ECLI:EU:C:2024:845 |
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Case C-21/23 ND v DR
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Chapter VIII – Remedies – Medicinal products marketed by a pharmacist on an online platform – Action brought before the national civil courts by a competitor of that pharmacist on the basis of the prohibition of unfair commercial practices for infringement by the pharmacist of the obligations laid down by that regulation – Standing to bring proceedings – Article 4(15) and Article 9(1) and (2) – Directive 95/46/EC – Article 8(1) and (2) – Concept of ‘data concerning health’ – Conditions for the processing of those data
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 25 April 2024
ECLI:EU:C:2024:354 |
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Judgment of the Court (Grand Chamber) of 4 October 2024
ECLI:EU:C:2024:846 |
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Case C-31/23 P Ferriere Nord v Commission
Appeal – Competition – Agreements, decisions and concerted practices – Market for concrete reinforcing bars – European Commission Decision finding an infringement of Article 65 CS after the expiry of the ECSC Treaty on the basis of Regulation (EC) No 1/2003 – Decision adopted following the annulment of earlier decisions – Holding of a new hearing attended by the competition authorities of the Member States – Rights of the defence – Principle of sound administration – Requirement of impartiality – Reasonable time – Obligation to state reasons – Proportionality – Ne bis in idem principle – Plea of illegality – Aggravating circumstances – Repeated infringement – Mitigating circumstances – Equal treatment
Language of the case: Italian
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Judgment of the Court (Sixth Chamber) of 4 October 2024
ECLI:EU:C:2024:851 |
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Case C-134/23 Somateio «Elliniko Symvoulio gia tous Prosfyges» and Astiki Mi Kerdoskopiki Etaireia «Ypostirixi Prosfygon sto Aigaio» v Ypourgos Exoterikon and Ypourgos Metanastefsis kai Asylou
Reference for a preliminary ruling – Granting of international protection – Directive 2013/32/EU – Article 38 – Article 18 of the Charter of Fundamental Rights of the European Union – Concept of ‘safe third country’ – Classification of the Republic of Türkiye as a ‘safe third country’ – Readmission of applicants for international protection in third countries – Refusal
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
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Opinion of Advocate General Pikamäe delivered on 13 June 2024
ECLI:EU:C:2024:512 |
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Judgment of the Court (Fourth Chamber) of 4 October 2024
ECLI:EU:C:2024:838 |
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Case C-171/23 UP CAFFE v Ministarstvo financija
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Point 19 of Article 287 – VAT exemption scheme for small enterprises – Abusive practice by forming a new company
Request for a preliminary ruling from the Upravni sud u Zagrebu
Language of the case: Croatian
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Opinion of Advocate General Kokott delivered on 16 May 2024
ECLI:EU:C:2024:417 |
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Judgment of the Court (Fourth Chamber) of 4 October 2024
ECLI:EU:C:2024:840 |
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Case C-175/23 Obshtina Svishtov v Rakovoditel na Upravlyavashtia organ na Operativna programa „Regioni v rastezh“ 2014-2020
Reference for a preliminary ruling – Own resources of the European Union – Protection of the financial interests of the European Union – Regulation (EU) No 1303/2013 – Article 2(36) – Concept of ‘irregularity’ – Article 143(2) – Prejudice caused to the budget of the European Union by charging an unjustified item of expenditure – Determination of the applicable financial correction rate – Scale of flat-rate correction rates – Principle of proportionality
Request for a preliminary ruling from the Administrativen sad Veliko Tarnovo
Language of the case: Bulgarian
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Judgment of the Court (Eighth Chamber) of 4 October 2024
ECLI:EU:C:2024:853 |
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Case C-200/23 Agentsia po vpisvaniyata v OL
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Publication in the commercial register of a company’s constitutive instrument containing personal data – Directive (EU) 2017/1132 – Non-compulsory personal data – Lack of consent of the data subject – Right to erasure – Non-material damage
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Opinion of Advocate General Medina delivered on 30 May 2024
ECLI:EU:C:2024:445 |
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Judgment of the Court (First Chamber) of 4 October 2024
ECLI:EU:C:2024:827 |
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Case C-228/23 AFAÏA v INAO
Reference for a preliminary ruling – Agriculture – Organic production and labelling of organic products – Regulation (EU) 2018/848 – Use of certain products and substances in organic production and their listing – Derogation – Implementing Regulation (EU) 2021/1165 – Annex II – Concepts of ‘factory farming’ and ‘landless livestock production’ – Consumer confidence – Animal welfare – Respect for the environment and the climate – Criteria
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 25 April 2024
ECLI:EU:C:2024:364 |
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Judgment of the Court (First Chamber) of 4 October 2024
ECLI:EU:C:2024:829 |
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Case C-240/23 Herbaria Kräuterparadies v Freistaat Bayern
Reference for a preliminary ruling – Agriculture and fisheries – Organic products – Regulation (EU) 2018/848 – Organic production rules – Article 16 – Labelling – Article 30 – Terms referring to organic production – Article 33 – Organic production logo of the European Union – Conditions of use – Compliance of the product with Regulation 2018/848 – Articles 45 and 48 – Import of products from a third country for the purpose of placing them on the market within the European Union as organic products – Equivalence of the production rules of that third country with the rules of Regulation 2018/848 – Use of the third country’s organic production logo
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 18 June 2024
ECLI:EU:C:2024:523 |
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Judgment of the Court (Grand Chamber) of 4 October 2024
ECLI:EU:C:2024:852 |
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Case C-242/23 Tecno*37 v Ministero dello Sviluppo Economico and Camera di Commercio Industria Artigianato e Agricoltura di Bologna
Reference for a preliminary ruling – Freedom to provide services – Directive 2006/123/EC – Article 25(1) – Restrictions on multidisciplinary activities – Regulated profession – National legislation providing for, as a general rule, the incompatibility of the joint exercise of the activity of property brokerage and that of property manager – Requirements of independence and impartiality – Proportionality of the restriction – Consequences of the closure of an infringement procedure brought by the European Commission against a Member State
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 13 June 2024
ECLI:EU:C:2024:509 |
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Judgment of the Court (First Chamber) of 4 October 2024
ECLI:EU:C:2024:831 |
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Case C-314/23 Ministerio Fiscal v Air Nostrum and Others
Reference for a preliminary ruling – Social policy – Equal treatment between men and women in matters of employment and occupation – Directive 2006/54/EC – Article 2(1)(e) – Concept of ‘pay’ – Article 4 – Prohibition of indirect discrimination on grounds of sex
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
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Opinion of Advocate General Szpunar delivered on 6 June 2024
ECLI:EU:C:2024:475 |
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Judgment of the Court (Fourth Chamber) of 4 October 2024
ECLI:EU:C:2024:842 |
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Case C-438/23 Protéines France and Others v Ministre de l'Économie, des Finances et de la Souveraineté industrielle et numérique
Reference for a preliminary ruling – Regulation (EU) No 1169/2011 – Provision of food information to consumers – Article 2(2)(n) to (p) and Articles 7, 9 and 17 – Fair practices concerning the naming of foods – Legal names, customary names and descriptive names – Substitution of components or ingredients of a food – Article 38(1) – Matters specifically harmonised – National measures prohibiting the use of meat-related names to designate a product containing vegetable proteins
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Ćapeta delivered on 5 September 2024
ECLI:EU:C:2024:704 |
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Judgment of the Court (Second Chamber) of 4 October 2024
ECLI:EU:C:2024:826 |
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Case C-475/23 Voestalpine Giesserei Linz v Administraţia Judeţeană a Finanţelor Publice Cluj and Direcţia Generală Regională a Finanţelor Publice Cluj-Napoca
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 168(a) – Right to deduct VAT – Acquisition of goods by a taxable person – Making available of those goods free of charge to a subcontractor for the purpose of carrying out works for the taxable person – Refusal of the deduction of the VAT relating to those goods
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
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Judgment of the Court (Ninth Chamber) of 4 October 2024
ECLI:EU:C:2024:866 |
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Case C-494/23 QE and IJ v DP and EB
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 1(1) – Scope – Civil and commercial matters – Concept – Proceedings seeking to substitute the defendant’s consent to the release of property seized by the law enforcement authorities from the custody of the court – Article 8(2) – Application to intervene – Concept of ‘third party’
Request for a preliminary ruling from the Nejvyšší soud
Language of the case: Czech
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Judgment of the Court (Seventh Chamber) of 4 October 2024
ECLI:EU:C:2024:848 |
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Case C-507/23 A v Patērētāju tiesību aizsardzības centrs
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 82(1) – Right to compensation and liability – Unlawful processing of data – Infringement of the right to protection of personal data – Concept of ‘damage’ – Compensation for non-material damage in the form of apologies – Whether permissible – Principle of effectiveness – Assessment of the form and level of compensation – Whether possible to take into consideration the attitude and motivation of the controller
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
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Judgment of the Court (Eighth Chamber) of 4 October 2024
ECLI:EU:C:2024:854 |
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Case C-579/23 P Cunsorziu di i Salamaghji Corsi - Consortium des Charcutiers Corses and Others v Commission
Appeal – Protection of designations of origin and geographical indications – Regulation (EU) No 1151/2012 – Articles 7 and 8 – Article 49(2) and Article 50(1) – Scope of the European Commission’s control of the applications for registration of a name as a geographical indication – Division of powers between the national authorities and the Commission – Conditions for registration of a name
Language of the case: French
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 27 June 2024
ECLI:EU:C:2024:561 |
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Judgment of the Court (First Chamber) of 4 October 2024
ECLI:EU:C:2024:832 |
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Case C-387/24 PPU C v Staatssecretaris van Justitie en Veiligheid
Reference for a preliminary ruling – Urgent preliminary ruling procedure – Border control, asylum and immigration – Directive 2008/115/EC – Article 15(2)(b) – Detention of a third-country national for the purpose of removal – Directive 2013/33/EU – Article 9 – Detention of an applicant for international protection – Regulation (EU) No 604/2013 – Article 28(2) – Detention for the purpose of transfer – Unlawful detention – Articles 6 and 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Roermond
Language of the case: Dutch
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Opinion of Advocate General Rantos delivered on 5 September 2024
ECLI:EU:C:2024:703 |
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Judgment of the Court (First Chamber) of 4 October 2024
ECLI:EU:C:2024:868 |
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Case C-144/23 KUBERA v Republika Slovenija
Reference for a preliminary ruling – Article 267 TFEU – Scope of the obligation on national courts or tribunals of last instance to make a reference for a preliminary ruling – Proceedings relating to the grant of leave to appeal on a point of law to the supreme court of a Member State – Request by the party seeking leave to appeal on a point of law that a question concerning the interpretation of EU law be referred to the Court of Justice – National legislation under which leave to appeal on a point of law is to be granted if the appeal raises a question of law that is important for ensuring legal certainty, the uniform application of the law or its development – Obligation for the national supreme court to consider, in proceedings relating to the grant of leave to appeal on a point of law, whether a reference for a preliminary ruling should be made – Statement of reasons for the decision refusing leave to appeal on a point of law
Request for a preliminary ruling from the Vrhovno sodišče
Language of the case: Slovene
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Opinion of Advocate General Emiliou delivered on 18 June 2024
ECLI:EU:C:2024:522 |
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Judgment of the Court (Grand Chamber) of 15 October 2024
ECLI:EU:C:2024:881 |
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Case C-76/22 QI v Santander Bank Polska
Reference for a preliminary ruling – Consumer protection – Directive 2014/17/EU – Credit agreements for consumers relating to residential immovable property – Article 25(1) – Early repayment – Consumer’s right to a reduction in the total cost of the credit – Article 4(13) – Concept of ‘total cost of the credit to the consumer’ – Costs that are dependent of the duration of the contract – Commission for granting the credit payable when concluding the contract – Methodology for calculating the reduction
Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Woli w Warszawie
Language of the case: Polish
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 22 February 2024
ECLI:EU:C:2024:154 |
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Judgment of the Court (Third Chamber) of 17 October 2024
ECLI:EU:C:2024:890 |
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Case C-701/22 AA v MFE
Reference for a preliminary ruling – European Regional Development Fund (ERDF) – Regulation (EC) No 1083/2006 – Article 60 – Principle of sound financial management – Article 80 – Right of beneficiaries to receive payments as soon as possible and in full – Right to obtain interest for late payment – Principles of effectiveness and equivalence – Termination of an ERDF financing contract on account of irregularities in its performance – Annulment of that termination – Correction of the irregularities – Combating late payment in commercial transactions – Directive 2011/7/EU – Scope
Request for a preliminary ruling from the Curtea de Apel Cluj
Language of the case: Romanian
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Opinion of Advocate General Rantos delivered on 7 March 2024
ECLI:EU:C:2024:220 |
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Judgment of the Court (Third Chamber) of 17 October 2024
ECLI:EU:C:2024:891 |
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Case C-16/23 FA.RO. di YK & C. v Agenzia delle Dogane e dei Monopoli
Reference for a preliminary ruling – Services in the internal market – Directive 2006/123/EC – Authorisation scheme – Article 10 – Conditions for granting authorisation – Sale of tobacco products – National legislation making the grant of authorisation to establish a point of sale for tobacco products subject to compliance with conditions – Conditions relating to distance and population – Protection of public health against smoking
Request for a preliminary ruling from the Tribunale Amministrativo Regionale della Liguria
Language of the case: Italian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 14 March 2024
ECLI:EU:C:2024:240 |
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Judgment of the Court (First Chamber) of 17 October 2024
ECLI:EU:C:2024:886 |
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Case C-28/23 NFŠ v Slovenská republika konajúca prostredníctvom Ministerstva školstva, vedy, výskumu a športu Slovenskej republiky and Ministerstvo školstva, vedy, výskumu a športu Slovenskej republiky
Reference for a preliminary ruling – Public procurement of works, supplies and services – Directive 2004/18/EC – Concept of ‘public works contracts’ – Collection of agreements comprising a grant agreement and an undertaking to purchase – Direct economic interest for the contracting authority – Work corresponding to the requirements specified by the contracting authority – Grant and undertaking to purchase constituting State aid compatible with the internal market – Directive 89/665/EEC – Directive 2014/24/EU – Consequences of a finding that a public contract is ineffective – Absolute invalidity ex tunc
Request for a preliminary ruling from the Okresný súd Bratislava III
Language of the case: Slovak
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 11 April 2024
ECLI:EU:C:2024:306 |
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Judgment of the Court (Fourth Chamber) of 17 October 2024
ECLI:EU:C:2024:893 |
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Case C-60/23 Skatteverket v Digital Charging Solutions
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Articles 14 and 15 – Electric vehicle charging – Charging using devices provided by a company and allowing access to a network of charging points operated by different operators – Classification of the transaction for VAT purposes – ‘Supply of goods’ – Transfer made under commission contracts
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
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Opinion of Advocate General Ćapeta delivered on 25 April 2024
ECLI:EU:C:2024:368 |
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Judgment of the Court (Fifth Chamber) of 17 October 2024
ECLI:EU:C:2024:896 |
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Case C-112/23 P PT Pelita Agung Agrindustri and PT Permata Hijau Palm Oleo v Commission
Appeal – Subsidies – Imports of biodiesel originating in Indonesia – Implementing Regulation (EU) 2019/2092 – Definitive countervailing duty – Regulation (EU) 2016/1037 – Article 7 – Calculation of the amount of benefit – Article 8(1) and (2) – Price undercutting – Price pressure
Language of the case: English
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Judgment of the Court (Seventh Chamber) of 17 October 2024
ECLI:EU:C:2024:899 |
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Case C-156/23 K and Others v Staatssecretaris van Justitie en Veiligheid
Reference for a preliminary ruling – Area of freedom, security and justice – Immigration policy – Return of third-country nationals staying illegally in a Member State – Directive 2008/115/EC – Article 5 – Principle of non-refoulement – Enforcement of a return decision adopted in the context of a procedure for international protection, as a result of the illegal stay of the third-country national concerned arising from the rejection of an application for a residence permit provided for by national law – Obligation for the administrative authority to assess whether the enforcement of such a decision complies with the principle of non-refoulement – Article 13 – Remedies against decisions related to return – Obligation, for the national court, to raise of its own motion infringement of the principle of non-refoulement when enforcing a return decision – Scope – Article 4, Article 19(2) and Article 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Roermond
Language of the case: Dutch
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Opinion of Advocate General Richard de la Tour delivered on 16 May 2024
ECLI:EU:C:2024:413 |
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Judgment of the Court (Third Chamber) of 17 October 2024
ECLI:EU:C:2024:892 |
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Case C-159/23 Sony Computer Entertainment Europe v Datel Design and Development and Others
Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Legal protection of computer programs – Directive 2009/24/EC – Article 1 – Scope – Forms of expression of a computer program – Concept – Article 4(1)(b) – Alteration of a computer program – Change of the content of the variables stored in the computer’s RAM and used during the running of the program
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 25 April 2024
ECLI:EU:C:2024:363 |
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Judgment of the Court (First Chamber) of 17 October 2024
ECLI:EU:C:2024:887 |
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Case C-239/23 Karl und Georg Anwander Güterverwaltung v Land Baden-Württemberg
Reference for a preliminary ruling – Common agricultural policy (CAP) – Funding by the European Agricultural Fund for Rural Development (EAFRD) – Regulation (EU) No 1305/2013 – Articles 31 and 32 – Payments for areas facing natural or other specific constraints – Mountain areas – Compensatory allowance – National administrative provisions excluding payment of that allowance for eligible areas situated in a region, of the same Member State, other than the region where the place of business of the agricultural holding is located – Provisions using the place of business of the agricultural holding as a condition for the grant of that compensatory allowance
Request for a preliminary ruling from the Verwaltungsgericht Sigmaringen
Language of the case: German
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Opinion of Advocate General Emiliou delivered on 25 April 2024
ECLI:EU:C:2024:365 |
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Judgment of the Court (Second Chamber) of 17 October 2024
ECLI:EU:C:2024:888 |
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Case C-302/23 Jarocki v C. J.
Reference for a preliminary ruling – Internal market – Electronic identification and trust services for electronic transactions – Regulation (EU) No 910/2014 – Article 25 – Electronic signatures – Legal effect and evidential value in legal proceedings – National legislation allowing the lodging with the courts, by electronic means, of procedural documents signed electronically – Need for those courts to have an appropriate ICT system
Request for a preliminary ruling from the Sąd Rejonowy Katowice – Wschód w Katowicach
Language of the case: Polish
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Judgment of the Court (Tenth Chamber) of 17 October 2024
ECLI:EU:C:2024:905 |
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Case C-322/23 ED v Ministero dell’Istruzione e del Merito and INPS
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Public sector – Teachers – Employment of fixed-term workers as career civil servants through recruitment based on qualifications – Determination of the period of service deemed accrued – Account taken only in part of periods of service completed under fixed-term contracts – Subsequent reinstatement of the period of service not taken into account – No effect on the assessment of the existence of discrimination
Request for a preliminary ruling from the Tribunale di Lecce
Language of the case: Italian
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Judgment of the Court (Seventh Chamber) of 17 October 2024
ECLI:EU:C:2024:900 |
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Case C-349/23 HB v Bundesrepublik Deutschland
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Directive 2000/78/EC – Article 2(2)(a) – Prohibition of discrimination on grounds of age – Mandatory retirement age – National legislation precluding any postponement of the retirement of federal judges – Possibility for federal civil servants and Land judges to request the postponement of retirement – Difference in treatment on grounds of membership of a socio-professional category or place of work
Request for a preliminary ruling from the Verwaltungsgericht Karlsruhe
Language of the case: German
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Judgment of the Court (Second Chamber) of 17 October 2024
ECLI:EU:C:2024:889 |
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Case C-408/23 Rechtsanwältin und Notarin v Präsidentin des Oberlandesgerichts Hamm
Reference for a preliminary ruling – Social policy – Equal treatment in employment and occupation – Article 21 of the Charter of Fundamental Rights of the European Union – Directive 2000/78/EC – Article 2(2)(a) and Article 6(1) – Prohibition of discrimination on grounds of age – Upper age limit of 60 years for first appointment to the position of lawyer commissioned as notary – Vacant positions due to a lack of younger candidates – Justification – Appropriateness and necessity
Request for a preliminary ruling from the Oberlandesgericht Köln
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 17 October 2024
ECLI:EU:C:2024:901 |
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Case C-409/23 Riverty v MI
Reference for a preliminary ruling – Consumer protection – Directive 2008/48/EC – Scope – Credit agreements for consumers – Exceptions – Article 2(2)(f) – Interest-free credit agreements without other charges or providing for negligible charges – Deferred payment service ‘Buy now, pay later’ – Late payment – Default interest and out-of-court collection costs
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Judgment of the Court (Fourth Chamber) of 17 October 2024
ECLI:EU:C:2024:895 |
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Case C-461/23 Umweltforum Osnabrücker Land v Landkreis Osnabrück
Reference for a preliminary ruling – Environment – Directive 2001/42/EC – Assessment of the effects of certain plans and programmes on the environment – Article 3(2)(b) – Directive 92/43/EEC – Article 6(3) – Acts for which an assessment is required – National legislative act designating a site as a special area of conservation – List of human activities prohibited on that site, with certain exceptions
Request for a preliminary ruling from the Niedersächsisches Oberverwaltungsgericht
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 17 October 2024
ECLI:EU:C:2024:902 |
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Joined Cases C-650/23 and C-705/23 E EAD and Flightright v DW and Condor Flugdienst
Reference for a preliminary ruling – Air transport – Package tour – Regulation (EC) No 261/2004 – Article 3(6) – Directive (EU) 2015/2302 – Article 14(5) – Cumulative application – Limitations – Regulation No 261/2004 – Article 3(2) – Article 4(3) – Compensation for passengers in the event of denied boarding – Passengers informed in advance of denied boarding – Incorrect information – Tour operator transferring passengers to another flight – Flight nonetheless carried out by the operating air carrier as originally planned – Operating air carrier’s obligation to provide compensation – Article 13 – Possibility of seeking reimbursement from the tour operator
Requests for a preliminary ruling from the Landesgericht Korneuburg and Landgericht Düsseldorf
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 17 October 2024
ECLI:EU:C:2024:903 |
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Case C-652/22 Kolin Inşaat Turizm Sanayi ve Ticaret v Državna komisija za kontrolu postupaka javne nabave
Reference for a preliminary ruling – Public procurement in the European Union – Directive 2014/25/EU – Article 43 – Economic operators of a third country which has not concluded an international agreement with the European Union which guarantees access to public procurement in a reciprocal and equal manner – No right on the part of those economic operators to ‘no less favourable’ treatment – Participation of such an economic operator in a public procurement procedure – Inapplicability of Directive 2014/25 – Inadmissibility in the context of an action brought by that economic operator seeking a request for a preliminary ruling concerning the interpretation of provisions of that directive
Request for a preliminary ruling from the Visoki upravni sud
Language of the case: Croatian
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Opinion of Advocate General Collins delivered on 7 March 2024
ECLI:EU:C:2024:212 |
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Judgment of the Court (Grand Chamber) of 22 October 2024
ECLI:EU:C:2024:910 |
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Case C-240/22 P Commission v Intel Corporation
Appeal – Competition – Abuse of dominant position – Microprocessors market – Decision finding an infringement of Article 102 TFEU and Article 54 of the EEA Agreement – Loyalty rebates – Characterisation as abuse – Strategy aiming to exclude competitors that are at least as efficient as the dominant undertaking from the market
Language of the case: English
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Opinion of Advocate General Medina delivered on 18 January 2024
ECLI:EU:C:2024:65 |
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Rectification order of 20 November 2024
ECLI:EU:C:2024:980 |
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Judgment of the Court (Fifth Chamber) of 24 October 2024
ECLI:EU:C:2024:915 |
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Case C-227/23 Kwantum Nederland and Kwantum België v Vitra Collections
Reference for a preliminary ruling – Intellectual and industrial property – Copyright – Directive 2001/29/EC – Articles 2 to 4 – Exclusive rights – Copyright protection for subject matter of applied art the country of origin of which is not a Member State – Berne Convention – Article 2(7) – Criterion of material reciprocity – Division of competences between the European Union and its Member States – Application by the Member States of the criterion of material reciprocity – First paragraph of Article 351 TFEU
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Opinion of Advocate General Szpunar delivered on 5 September 2024
ECLI:EU:C:2024:698 |
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Judgment of the Court (First Chamber) of 24 October 2024
ECLI:EU:C:2024:914 |
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Case C-339/23 Horyzont Niestandaryzowany Sekurytyzacyjny Fundusz Inwestycyjny Zamknięty v LC
Reference for a preliminary ruling – Consumer protection – Credit agreements for consumers – Directive 2008/48/EC – Risk of over-indebtedness – Article 8 – Obligation on the creditor to check the creditworthiness of the consumer – Article 10 – Information to be included in credit agreements – Article 23 – Penalty in the event of failure to comply with that obligation – Equivalent penalties – Effective, proportionate and dissuasive nature of the penalty
Request for a preliminary ruling from the Sąd Rejonowy w Siemianowicach Śląskich
Language of the case: Polish
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Judgment of the Court (Tenth Chamber) of 24 October 2024
ECLI:EU:C:2024:918 |
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Case C-347/23 LB and JL v Getin Noble Bank
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 2(b) – Definition of ‘consumer’ – Mortgage loan agreement indexed to a foreign currency – Natural person who has acquired a residential property to be leased for consideration
Request for a preliminary ruling from the Sąd Okręgowy w Warszawie
Language of the case: Polish
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Judgment of the Court (Tenth Chamber) of 24 October 2024
ECLI:EU:C:2024:919 |
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Case C-441/23 LM v Omnitel Comunicaciones and Others
Reference for a preliminary ruling – Social policy – Directive 2008/104/EC – Temporary agency work – Article 3(1) – Temporary-work agency – User undertaking – Definition – Assignment of a worker – Contract for the provision of services – Article 5(1) – Principle of equal treatment – Directive 2006/54/EC – Article 15 – Maternity leave – Invalid or unfair dismissal – Declaration that the temporary-work agency and the user undertaking are jointly and severally liable
Request for a preliminary ruling from the Tribunal Superior de Justicia de Madrid
Language of the case: Spanish
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Judgment of the Court (Seventh Chamber) of 24 October 2024
ECLI:EU:C:2024:916 |
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Case C-476/23 STAR POST v Komisia za regulirane na saobshteniyata
Reference for a preliminary ruling – Postal services in the European Union – Directive 97/67/EC – Article 22(3) – Concept of ‘postal service provider affected by a decision of a national regulatory authority’ – Right of appeal
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Judgment of the Court (Tenth Chamber) of 24 October 2024
ECLI:EU:C:2024:921 |
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Case C-513/23 Obshtina Pleven v Rakovoditel na Upravlyavashtia organ na Operativna programa „Regioni v rastezh“ 2014-2020
Reference for a preliminary ruling – Procedures for the award of public works contracts, public supply contracts and public service contracts – Directive 2014/24/EU – Public works contracts – Article 42(3)(b) – Technical specifications – Words ‘or equivalent’ – Reference to technical standards – Regulation (EU) No 305/2011 – Directive 2014/35/EU
Request for a preliminary ruling from the Аdministrativen sad - Pleven
Language of the case: Bulgarian
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Judgment of the Court (Ninth Chamber) of 24 October 2024
ECLI:EU:C:2024:917 |
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Information (on unpublished decisions)
Case C-47/24 CN v Cofidis Magyarországi Fióktelepe
Reference for a preliminary ruling – Article 53(2) and Article 94 of the Rules of Procedure of the Court of Justice – Directive 93/13/EEC – Consumer protection – Unfair terms in credit agreements denominated in a foreign currency concluded with consumers – Requirement to present the factual and regulatory context of the dispute in the main proceedings – Requirement to state the reasons justifying the need for a reply from the Court and the link between the provisions of European Union law whose interpretation is sought and the applicable national legislation – Lack of sufficient information – Manifest inadmissibility
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Order of the Court (Seventh Chamber) of 1 October 2024 ECLI:EU:C:2024:869 |
Case C-335/24 P Lidl Stiftung v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency and development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 2 October 2024 ECLI:EU:C:2024:870 |
Case C-362/24 P MHCS v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency and development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 2 October 2024 ECLI:EU:C:2024:816 |
Case C-256/24 P XH v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Official – Compliance with the judgment of 25 June 2020, XH v Commission (T‑511/18, EU:T:2020:291) – Decision not to include the name of the appellant on the list of officials promoted as part of the 2021 promotion exercise – Action for annulment and for damages – Appeal in part manifestly inadmissible and in part manifestly unfounded
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Order of the Court (Sixth Chamber) of 3 October 2024 ECLI:EU:C:2024:875 |
Joined Cases C-29/23 P and C-30/23 P Ferriera Valsabbia and Others v Commission
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Judgment of the Court (Sixth Chamber) of 4 October 2024 ECLI:EU:C:2024:844 |
Case C-124/23 P E. Breuninger v Commission
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Judgment of the Court (Ninth Chamber) of 4 October 2024 ECLI:EU:C:2024:860 |
Case C-127/23 P Falke v Commission
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Judgment of the Court (Ninth Chamber) of 4 October 2024 ECLI:EU:C:2024:861 |
Case C-262/23 P UPL Europe and Indofil Industries (Netherlands) v Commission
Appeal – Plant protection products – Implementing Regulation (EU) 2020/2087 – Non-renewal of approval of the active substance mancozeb – Regulation (EC) No 1107/2009 – Implementing Regulation (EU) No 844/2012 – Action for annulment
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Judgment of the Court (Ninth Chamber) of 4 October 2024 ECLI:EU:C:2024:862 |
Case C-268/23 Commission v France (Rejet des eaux urbaines résiduaires)
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Judgment of the Court (Ninth Chamber) of 4 October 2024 ECLI:EU:C:2024:864 |
Case C-761/23 N.V.N. v Komise pro rozhodování ve věcech pobytu cizinců
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Order of the Court (Sixth Chamber) of 4 October 2024 ECLI:EU:C:2024:879 |
Case C-187/24 P Fass v Germany and Commission
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Order of the Court (Ninth Chamber) of 4 October 2024 ECLI:EU:C:2024:872 |
Case C-214/24 A v Hauptzollamt C
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Order of the Court (Seventh Chamber) of 4 October 2024 ECLI:EU:C:2024:874 |
Case C-255/24 Criminal proceedings against KM and Sofiyska rayonna prokuratura
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Order of the Court (Sixth Chamber) of 4 October 2024 ECLI:EU:C:2024:878 |
Case C-444/24 P Converso v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 4 October 2024 ECLI:EU:C:2024:873 |
Case C-502/24 P Puma v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 4 October 2024 ECLI:EU:C:2024:876 |
Case C-503/24 P Puma v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 4 October 2024 ECLI:EU:C:2024:871 |
Case C-599/24 P(I) Accord Healthcare v Commission
Appeal – Intervention – Public health – Medicinal product for human use – Decision granting marketing authorisation for the medicinal product Degarelix Accord – Action for annulment – Time limits – Force majeure or unforeseeable circumstances – Dismissal
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Order of the Vice-President of the Court of 4 October 2024 ECLI:EU:C:2024:877 |
Case C-62/24 P ST v Frontex
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Area of freedom, security and justice – Right to asylum – Activities by Frontex in the Aegean Sea – Regulation (EU) 2019/1896 – Article 46 – Margin of discretion – Action for failure to act – Invitation to act submitted in the name and on behalf of an anonymous person – Decision refusing the invitation to act before the action for failure to act was brought – Manifest inadmissibility – Action for annulment – Interest in bringing proceedings – Annulment not capable of securing a benefit for the applicant – Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded
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Order of the Court (Sixth Chamber) of 11 October 2024 ECLI:EU:C:2024:882 |
Case C-105/23 P Firearms United Network and Others v Commission
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Judgment of the Court (Tenth Chamber) of 17 October 2024 ECLI:EU:C:2024:904 |
Case C-304/23 Commission v Malta (Capacité des stations d’épuration)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Directive 91/271/EEC – Urban waste water treatment – Collecting systems for urban waste water in certain agglomerations – Article 4 – Secondary or equivalent treatment of urban waste water – Article 5 – Sensitive areas – More stringent treatment – Article 10 – Sufficient performance – Article 15 – Monitoring of the conformity of discharges with the requirements of Annex I.B – Control procedures laid down in Annex I.D – Maximum permitted number of samples which fail to conform
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Judgment of the Court (Tenth Chamber) of 17 October 2024 ECLI:EU:C:2024:906 |
Case C-211/20 P-DEP Valencia Club de Fútbol v Commission
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Order of the Court (Sixth Chamber) of 21 October 2024 ECLI:EU:C:2024:912 |
Case C-603/23 KI v YB and JN
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Order of the Court (Ninth Chamber) of 22 October 2024 ECLI:EU:C:2024:930 |
November 2024
Case C-683/22 Adusbef v Presidenza del Consiglio dei Ministri and Others (Pont Morandi)
Reference for a preliminary ruling – Directive 2014/23/EU – Procedure for awarding concession contracts – Article 43 – Modification made to a concession during its term without opening up to competition – Concession of motorways – Collapse of the Morandi Bridge in Genoa (Italy) – National proceedings for serious failure to fulfil motorway network maintenance and preservation obligations – New obligations imposed on the concessionaire – Obligation of the contracting authority to make a prior decision on whether it is necessary to organise a new award procedure – Obligation of the contracting authority to carry out a prior examination of the reliability of the concessionaire
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 30 April 2024
ECLI:EU:C:2024:376 |
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Judgment of the Court (Fifth Chamber) of 7 November 2024
ECLI:EU:C:2024:936 |
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Case C-782/22 XX v Inspecteur van de Belastingdienst (Contrats dits unit-linked)
Reference for a preliminary ruling – Article 63(1) TFEU – Free movement of capital – Restrictions – Tax legislation – Corporation tax – Taxation of dividends – Equal treatment of resident and non-resident companies – National legislation reserving to resident companies the possibility of deducting from their taxable profits relating to dividends the expenses corresponding to their commitments to their customers under ‘unit-linked’ insurance contracts and of offsetting in full taxation of the dividends against corporation tax
Request for a preliminary ruling from the Gerechtshof 's-Hertogenbosch
Language of the case: Dutch
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Judgment of the Court (First Chamber) of 7 November 2024
ECLI:EU:C:2024:932 |
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Case C-126/23 UD and Others v Presidenza del Consiglio dei Ministri and Ministero dell'Interno
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2004/80/EC – Article 12(2) – National schemes on compensation to victims of violent intentional crime – Homicide – Compensation for close family members of the deceased – Concept of ‘victim’ – ‘Tiered’ compensation scheme according to the order of succession – National legislation excluding the payment of compensation to other family members of the deceased when there are children or a surviving spouse – Parents and siblings of the deceased – ‘Fair and appropriate’ compensation
Request for a preliminary ruling from the Tribunale Ordinario di Venezia
Language of the case: Italian
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Opinion of Advocate General Richard de la Tour delivered on 8 May 2024
ECLI:EU:C:2024:396 |
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Judgment of the Court (Fifth Chamber) of 7 November 2024
ECLI:EU:C:2024:937 |
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Case C-178/23 ERB New Europe Funding II v YI
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Article 7(1) – Unfair terms in consumer contracts – Powers and obligations of the national court – First legal remedy pursued by the consumer before the court of the place where the seller or supplier has its registered office, without the assistance of a lawyer and without that consumer attending the hearing – Second legal remedy pursued by the consumer before the court of his or her place of domicile, with the assistance of a lawyer – Res judicata – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection of the consumer
Request for a preliminary ruling from the Tribunalul Specializat Mureş
Language of the case: Romanian
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Judgment of the Court (Eighth Chamber) of 7 November 2024
ECLI:EU:C:2024:943 |
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Joined Cases C-289/23 and C-305/23 Agencia Estatal de la Administración Tributaria v A and S.E.I v Agencia Estatal de la Administración Tributaria
Reference for a preliminary ruling – Judicial cooperation in civil matters – Directive (EU) 2019/1023 – Procedures concerning restructuring, insolvency and discharge of debt – Article 1(4) – Subject matter and scope – Extension of procedures to insolvent natural persons who are not entrepreneurs – Article 20 – Access to discharge of debt – Article 23(1), (2) and (4) – Derogations – Exclusion of specific categories of debt from discharge of debt – Natural person who has become insolvent – Good faith of the debtor – Conditions for access to discharge of debt – Exclusion of claims governed by public law
Requests for a preliminary ruling from the Juzgado de lo Mercantil de Alicante and Juzgado de lo Mercantil de Barcelona
Language of the case: Spanish
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Opinion of Advocate General Richard de la Tour delivered on 16 May 2024
ECLI:EU:C:2024:412 |
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Judgment of the Court (Second Chamber) of 7 November 2024
ECLI:EU:C:2024:934 |
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Case C-291/23 LS v PL
Reference for a preliminary ruling – Jurisdiction in civil matters – Regulation (EU) No 650/2012 – Article 10(1) – Subsidiary jurisdiction in matters of succession – Deceased person habitually resident in a third State at the time of death – Criterion of the location of the assets of the estate in a Member State – Decisive point in time – Assessment at the time of death
Request for a preliminary ruling from the Landgericht Düsseldorf
Language of the case: German
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Judgment of the Court (Fifth Chamber) of 7 November 2024
ECLI:EU:C:2024:938 |
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Case C-326/23 C.W. and Others v Prezes Urzędu Ochrony Konkurencji i Konsumentów
Reference for a preliminary ruling – Article 267 TFEU – Concept of ‘court or tribunal’ – Judge of the Civil Chamber of the Sąd Najwyższy (Supreme Court, Poland) – Judge appointed by the President of the Republic of Poland on the basis of a resolution of the Krajowa Rada Sądownictwa (National Council of the Judiciary, Poland) in its new composition – Reference for a preliminary ruling from a panel of judges without the status of an independent and impartial tribunal previously established by law – Inadmissibility
Request for a preliminary ruling from the Sąd Najwyższy
Language of the case: Polish
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Judgment of the Court (Fifth Chamber) of 7 November 2024
ECLI:EU:C:2024:940 |
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Case C-503/23 Centro di Assistenza Doganale (Cad) Mellano v Agenzia delle Dogane e dei Monopoli - Agenzia delle Dogane - Direzione Interregionale per la Liguria and Ministero dell’Economia e delle Finanze
Reference for a preliminary ruling – Customs union – Union Customs Code – Regulation (EU) No 952/2013 – Article 18 – Customs representative – Freedom to provide services – Directive 2006/123/EC – Articles 10 and 15 – Customs assistance centres – Territorial limitation of the activity – Restriction – Justification
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Piemonte
Language of the case: Italian
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Judgment of the Court (First Chamber) of 7 November 2024
ECLI:EU:C:2024:933 |
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Case C-594/23 Skatteministeriet v Lomoco Development and Others
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Supply of land that has only the foundations of residential housing structures in place – Classification – Article 12 – Concepts of ‘building land’ and ‘building or parts of a building’ – Criterion of the ‘first occupation’ of a building
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
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Judgment of the Court (Seventh Chamber) of 7 November 2024
ECLI:EU:C:2024:942 |
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Case C-394/22 Oilchart International v O.W. Bunker and ING Bank
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Scope – Article 1(2)(b) – Exclusion – Concept of ‘bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings’ – Action deriving directly from insolvency proceedings and closely linked with them – Action for the payment of a claim lodged after the debtor company was put into liquidation and the declaration of that claim lodged in the insolvency estate – Regulation (EC) No 1346/2000
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
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Opinion of Advocate General Medina delivered on 18 April 2024
ECLI:EU:C:2024:330 |
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Judgment of the Court (Second Chamber) of 14 November 2024
ECLI:EU:C:2024:952 |
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Case C-646/22 Compass Banca v AGCM
Reference for a preliminary ruling – Consumer protection – Directive 2005/29/EC – Article 2(j), Articles 5, 8 and 9 – Concept of ‘average consumer’ – Unfair business-to-consumer commercial practices – Concept of ‘aggressive commercial practice’ – Cross-selling of a personal loan and an insurance product not related to that loan – Orientation of the information provided to the consumer – Concept of ‘framing’ – Commercial practice consisting of simultaneously proposing to a consumer an offer for a personal loan and an offer for an insurance product not related to that loan – No cooling-off period between the signature of the loan contract and that of the insurance policy contract – Directive (EU) 2016/97 – Article 24
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Opinion of Advocate General Emiliou delivered on 25 April 2024
ECLI:EU:C:2024:367 |
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Judgment of the Court (Fifth Chamber) of 14 November 2024
ECLI:EU:C:2024:957 |
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Case C-47/23 Commission v Germany (Détérioration des prairies maigres de fauche)
Failure of a Member State to fulfil obligations – Environment – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora – Article 6(2) – Appropriate steps to avoid, in special areas of conservation, the deterioration of natural habitats – Habitat types 6510 (lowland hay meadows) and 6520 (mountain hay meadows) protected by the Natura 2000 network – Loss of area – No specific surveillance of natural habitats – General and structural failure – Article 4(1) – Proposal by each Member State of a list of sites indicating which natural habitat types and native species the sites host – Regular updating of information relating to those sites
Language of the case: German
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Judgment of the Court (Third Chamber) of 14 November 2024
ECLI:EU:C:2024:954 |
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Case C-197/23 S. v C. (Modification of the formation of the court)
Reference for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Remedies – Effective judicial protection – Independent and impartial tribunal established by law – National rules governing the random allocation of cases to the judges of a court and the modification of the formations of the court – Provision precluding reliance on the infringements of those rules in appeal proceedings
Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie
Language of the case: Polish
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Judgment of the Court (Fourth Chamber) of 14 November 2024
ECLI:EU:C:2024:956 |
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Case C-230/23 Reprobel v Copaco Belgium
Reference for a preliminary ruling – Approximation of laws – Harmonisation of certain aspects of copyright and related rights in the information society – Directive 2001/29/EC – Article 2 – Reproduction right – Article 5(2)(a) and (b) – Exceptions and limitations – Fair compensation – Direct effect – Entity entrusted by the State with collecting and distributing fair compensation – Special powers
Request for a preliminary ruling from the Ondernemingsrechtbank Gent Afdeling Gent
Language of the case: Dutch
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Opinion of Advocate General Szpunar delivered on 6 June 2024
ECLI:EU:C:2024:463 |
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Judgment of the Court (First Chamber) of 14 November 2024
ECLI:EU:C:2024:951 |
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Case C-613/23 KL v Staatssecretaris van Financiën
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 273 – VAT payable by a taxable entity – National legislation providing for the joint and several liability of the director of the entity – Presumption of liability in respect of the director in the absence of notification that the entity is unable to pay the VAT due – Principle of proportionality
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Judgment of the Court (Tenth Chamber) of 14 November 2024
ECLI:EU:C:2024:961 |
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Case C-643/23 Agenciart – Management Artístico v CT
Reference for a preliminary ruling – Directive 2011/7/EU – Combating late payment in commercial transactions – Article 2(3) – Concept of an ‘undertaking’ – Exercise of an independent professional activity – Actor – Agency contract – Order for payment procedure
Request for a preliminary ruling from the Tribunal da Relação de Lisboa
Language of the case: Portuguese
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Judgment of the Court (Sixth Chamber) of 14 November 2024
ECLI:EU:C:2024:959 |
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Case C-808/21 Commission v Czech Republic (Éligibilité et qualité de membre d’un parti politique)
Failure of a Member State to fulfil obligations – Article 20 TFEU – Citizenship of the Union – Article 21 TFEU – Right to move and reside freely within the territory of the Member States – Article 22 TFEU – Right to vote and to stand as a candidate in municipal and European Parliament elections in the Member State of residence under the same conditions as nationals of that State – Citizens of the Union residing in a Member State of which they are not nationals – No right to become a member of a political party – Articles 2 and 10 TEU – Democratic principle – Article 4(2) TEU – Respect for the national identity of the Member States – Article 12 of the Charter of Fundamental Rights of the European Union – Role of political parties in expressing the will of citizens of the Union
Language of the case: Czech
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Opinion of Advocate General Richard de la Tour delivered on 11 January 2024
ECLI:EU:C:2024:12 |
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Judgment of the Court (Grand Chamber) of 19 November 2024
ECLI:EU:C:2024:962 |
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Case C-814/21 Commission v Poland (« Éligibilité et qualité de membre d’un parti politique)
Failure of a Member State to fulfil obligations – Article 20 TFEU – Citizenship of the Union – Article 21 TFEU – Right to move and reside freely within the territory of the Member States – Article 22 TFEU – Right to vote and to stand as a candidate in municipal and European Parliament elections in the Member State of residence under the same conditions as nationals of that State – Citizens of the Union residing in a Member State of which they are not nationals – No right to be a member of a political party – Articles 2 and 10 TEU – Democratic principle – Article 4(2) TEU – Respect for the national identity of the Member States – Article 12 of the Charter of Fundamental Rights of the European Union – Role of political parties in expressing the will of citizens of the Union
Language of the case: Polish
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Opinion of Advocate General Richard de la Tour delivered on 11 January 2024
ECLI:EU:C:2024:15 |
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Judgment of the Court (Grand Chamber) of 19 November 2024
ECLI:EU:C:2024:963 |
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Case C-719/22 Criminal proceedings against Profit Europe and Gosselin Forwarding Services (Validity of an anti-dumping regulation)
Reference for a preliminary ruling – Common commercial policy – Protection against dumping – Imports of threaded tube or pipe cast fittings, of malleable cast iron, originating in China – Provisional Regulation (EU) No 1071/2012 – Implementing Regulation (EU) No 430/2013 – Validity – Regulation (EC) No 1225/2009 – Article 5 – Initiation of the investigation procedure – Definition of the product concerned – Threaded tube or pipe cast fittings, of spheroidal graphite cast iron
Request for a preliminary ruling from the Hof van beroep te Antwerpen
Language of the case: Dutch
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Judgment of the Court (Tenth Chamber) of 21 November 2024
ECLI:EU:C:2024:978 |
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Case C-61/23 Еkоstroy v Agentsia „Patna infrastruktura“
Reference for a preliminary ruling – Approximation of laws – Road transport – Tax provisions – Directive 1999/62/EC – Charging of heavy goods vehicles for the use of certain infrastructures – Penalties applicable to infringements of the national provisions adopted under that directive – Article 9a – Requirement of proportionality – National legislation penalising all offences by means of a flat-rate fine
Request for a preliminary ruling from the Administrativen sad - Haskovo
Language of the case: Bulgarian
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Judgment of the Court (Sixth Chamber) of 21 November 2024
ECLI:EU:C:2024:974 |
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Case C-297/23 P Harley-Davidson Europe and Neovia Logistics Services International v Commission
Appeal – Common commercial policy – Measures to ensure the exercise by the European Union of its rights under international trade rules – Regulation (EU) No 654/2014 – Implementing Regulation (EU) 2018/886 – Customs union – Regulation (EU) No 952/2013 – Union Customs Code – Decisions relating to binding origin information (BOI) adopted by national customs authorities – Delegated Regulation (EU) 2015/2446 – Determination of the non-preferential origin of certain Harley-Davidson motorcycles – Concept of ‘processing or working operations which are not economically justified’ – Implementing decision of the European Commission on the revocation of BOI decisions – Delegation of power – Legitimate expectations – Right to good administration – Right to be heard
Language of the case: English
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Opinion of Advocate General Kokott delivered on 30 May 2024
ECLI:EU:C:2024:448 |
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Judgment of the Court (Fourth Chamber) of 21 November 2024
ECLI:EU:C:2024:971 |
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Case C-336/23 HP - Hrvatska pošta v Povjerenik za informiranje
Reference for a preliminary ruling – Approximation of laws – Open data and re-use of public sector information – Directive (EU) 2019/1024 – Article 1 – Scope – Article 2 – Concept of ‘re-use’ of documents – Right of access to documents held by a public sector body
Request for a preliminary ruling from the Visoki upravni sud
Language of the case: Croatian
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Judgment of the Court (Tenth Chamber) of 21 November 2024
ECLI:EU:C:2024:979 |
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Case C-370/23 Mesto Rimavská Sobota v Ministerstvo pôdohospodárstva
Reference for a preliminary ruling – Environment – Regulation (EU) No 995/2010 – Obligations of operators who place timber and timber products on the market – Article 2(a) to (c) – Concepts of ‘timber and timber products’, ‘placing on the market’ and ‘operator’
Request for a preliminary ruling from the Najvyšší správny súd Slovenskej republiky
Language of the case: Slovak
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Opinion of Advocate General Ćapeta delivered on 4 July 2024
ECLI:EU:C:2024:584 |
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Judgment of the Court (Fifth Chamber) of 21 November 2024
ECLI:EU:C:2024:972 |
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Case C-546/23 P UG v Commission
Appeal – Civil service – Members of the contract staff – Contract for an indefinite period – Termination of the contract – Article 47(c)(i) of the Conditions of Employment of Other Servants of the European Union – Incompetence – Conduct in the service and attitude at work incompatible with the interests of the service – Obligation to state reasons – Right to be heard – Right to parental leave – Article 42a of the Staff Regulations of Officials of the European Union
Language of the case: French
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Judgment of the Court (Seventh Chamber) of 21 November 2024
ECLI:EU:C:2024:975 |
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Case C-624/23 SEM Remont v Direktor na Direktsia Obzhalvane i danachno-osiguritelna praktika
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Deduction of VAT – Principle of neutrality of VAT – Late submission of an application for registration – Issuing and content of invoices – Invoice which does not state input VAT – Tax calculated on the basis of a report – Absence of a correcting invoice – Right of deduction – Precluded
Request for a preliminary ruling from the Administrativen sad - Varna
Language of the case: Bulgarian
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Judgment of the Court (Seventh Chamber) of 21 November 2024
ECLI:EU:C:2024:976 |
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Case C-432/22 Criminal proceedings against PT (Agreement concluded between the prosecutor and the perpetrator of an offence)
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Criminal offences and penalties in the field of illicit drug trafficking and the fight against organised crime – Possibility to reduce applicable penalties – Scope – Framework Decision 2004/757/JHA – Articles 4 and 5 – Framework Decision 2008/841/JHA – Articles 3 and 4 – National legislation not implementing EU law – Article 51(1) of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Second subparagraph of Article 19(1) TEU – Criminal proceedings against several persons – Agreement for settlement of the case provided for in national law – Approval by an ad hoc court – Consent of the other defendants
Request for a preliminary ruling from the Spetsializiran nakazatelen sad
Language of the case: Bulgarian
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Opinion of Advocate General Pikamäe delivered on 14 December 2023
ECLI:EU:C:2023:997 |
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Judgment of the Court (Third Chamber) of 28 November 2024
ECLI:EU:C:2024:987 |
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Case C-758/22 Bayerische Ärzteversorgung and Others v Deutsche Bundesbank
References for a preliminary ruling – Economic and monetary policy – European system of national and regional accounts – Statistical reporting requirements applicable to pension funds – Special pension schemes for the professions – Compulsory membership and contributions
Request for a preliminary ruling from the Bundesverwaltungsgericht
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 29 February 2024
ECLI:EU:C:2024:191 |
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Judgment of the Court (Fifth Chamber) of 28 November 2024
ECLI:EU:C:2024:989 |
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Case C-80/23 Criminal proceedings against V.S. (Enregistrement de données biométriques et génétiques II)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Directive (EU) 2016/680 – Article 4(1)(a) to (c) – Article 8(1) and (2) – Article 10 – Accused person – Police record containing biometric and genetic data – Enforcement – Objectives of prevention and detection of criminal offences – Interpretation of the judgment of 26 January 2023, Ministerstvo na vatreshnite raboti (Recording of biometric and genetic data by the police) (C‑205/21, EU:C:2023:49) – Obligation to interpret national law in conformity with EU law – Assessment of whether it is ‘strictly necessary’ for the competent authorities to process sensitive data – Role of the competent authorities
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
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Opinion of Advocate General Richard de la Tour delivered on 13 June 2024
ECLI:EU:C:2024:513 |
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Judgment of the Court (Fifth Chamber) of 28 November 2024
ECLI:EU:C:2024:991 |
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Joined Cases C-129/23 and C-567/23 BG Technik v Generální ředitelství cel
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Combined Nomenclature – Classification of goods – Tariff heading 8703 – Motor cars and other motor vehicles principally designed for the transport of persons – Tariff heading 8713 – Carriages for disabled persons – Regulation (EC) No 718/2009 – Implementing Regulation (EU) 2021/1367 – SELVO 4800 vehicle – Concept of ‘disabled persons’
Requests for a preliminary ruling from the Nejvyšší správní soud and Krajský soud v Ostravě
Language of the case: Czech
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Judgment of the Court (Eighth Chamber) of 28 November 2024
ECLI:EU:C:2024:995 |
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Case C-169/23 Nemzeti Adatvédelmi és Információszabadság Hatóság v UC
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data and the free movement of such data – Regulation (EU) 2016/679 – Data processed when drawing up a COVID-19 certificate – Data not collected from the data subject – Information to be provided – Exception to the obligation to provide information – Article 14(5)(c) – Data generated by the controller in the context of its own processes – Right to complain – Competence of the supervisory authority – Article 77(1) – Appropriate measures to protect the data subject’s legitimate interests provided for by the Member State law to which the controller is subject – Measures relating to the security of data processing – Article 32
Request for a preliminary ruling from the Kúria
Language of the case: Hungarian
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Opinion of Advocate General Medina delivered on 6 June 2024
ECLI:EU:C:2024:474 |
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Judgment of the Court (Third Chamber) of 28 November 2024
ECLI:EU:C:2024:988 |
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Joined Cases C-269/23 P and C-272/23 P Hengshi Egypt Fiberglass Fabrics and Jushi Egypt for Fiberglass Industry v Commission
Appeal – Common commercial policy – Protection against subsidised imports from third countries – Agreement on Subsidies and Countervailing Measures of the World Trade Organization (WTO) – Articles 1 and 2 – Regulation (EU) 2016/1037 – Articles 2 to 4 – Concepts of ‘subsidy’, ‘government’, ‘specificity’ and ‘benefit’ – Financial contributions granted by Chinese public bodies to undertakings incorporated under Egyptian law owned by Chinese entities established in the China-Egypt Suez Economic and Trade Cooperation Zone – Possibility of classifying such financial contributions as subsidies granted by the Government of Egypt, having regard to that government’s own conduct – Whether permissible – Conditions – Financial contribution consisting in forgoing government revenue that is otherwise due – Benefit conferred on the recipient undertakings – Choice of the relevant reference situation for the purpose of characterising the existence of that financial contribution and that benefit – Articles 5 and 6 – Calculation of the benefit – Concepts of ‘recipient’ and ‘undertaking’
Language of the case: English
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Judgment of the Court (Second Chamber) of 28 November 2024
ECLI:EU:C:2024:984 |
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Case C-293/23 ENGIE Deutschland v Landesregulierungsbehörde beim Sächsischen Staatsministerium für Wirtschaft, Arbeit und Verkehr
Reference for a preliminary ruling – Internal market for electricity – Directive (EU) 2019/944 – Points 28 and 29 of Article 2 – Concept of ‘distribution’ – Concept of ‘distribution system operator’ – Concept of ‘distribution system’ – Articles 30 to 39 – Distribution system operation – Undertaking operating an energy facility comprising a combined heat and power plant and an electric wiring system, supplying heat, hot water and electricity to the tenants of a residential complex – Simultaneous sale of the electricity generated – National legislation exempting the operator of such a facility from the obligations of distribution system operators under that directive
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Judgment of the Court (Fifth Chamber) of 28 November 2024
ECLI:EU:C:2024:992 |
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Case C-398/23 Criminal proceedings against PT (Accord entre le procureur et l’auteur d’une infraction)
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Criminal offences and penalties in the field of illicit drug trafficking and the fight against organised crime – Framework Decision 2004/757/JHA – Articles 4 and 5 – Framework Decision 2008/841/JHA – Articles 3 and 4 – National legislation not implementing EU law – Article 51(1) of the Charter of Fundamental Rights of the European Union – Right to information in criminal proceedings – Directive 2012/13/EU – Articles 1 and 6 – Right of a person to be informed of the charges against him or her – Effective judicial protection – First paragraph of Article 47 and Article 52(1) of the Charter of Fundamental Rights – Criminal proceedings against several persons – Agreement for settlement of the case entered into by one of the defendants and the public prosecutor – Consent of the other defendants
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
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Judgment of the Court (Eighth Chamber) of 28 November 2024
ECLI:EU:C:2024:996 |
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Case C-526/23 VariusSystems digital solutions v GR Inhaberin B & G
Reference for a preliminary ruling – Judicial cooperation in civil matters – Jurisdiction and the recognition and enforcement of judgments – Regulation (EU) No 1215/2012 – Special jurisdiction – Claim in matters relating to a contract – Second indent of Article 7(1)(b) – Contract for the provision of services – Software developed in one Member State and adapted to the needs of a customer residing in another Member State – Place of performance
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 5 September 2024
ECLI:EU:C:2024:706 |
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Judgment of the Court (Second Chamber) of 28 November 2024
ECLI:EU:C:2024:985 |
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Case C-622/23 rhtb v Parkring 14-16 Immobilienverwaltung
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 2(1)(c) – Scope – Taxable transactions – Contract for services for the carrying out of a building project – Termination of the contract by the customer – Concept of ‘remuneration’ – Characterisation – Obligation to pay the total amount agreed after deduction of the costs saved by the supplier – Article 73 – Taxable amount
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 28 November 2024
ECLI:EU:C:2024:994 |
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Information (on unpublished decisions)
Case C-241/24 Criminal proceedings against M. N. D. and Y. G. Ts.
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Order of the Court (Sixth Chamber) of 6 November 2024 ECLI:EU:C:2024:931 |
Case C-588/22 P Ryanair v Commission
Appeal – State aid – Article 107(3)(b) TFEU – Finnish air-transport market – Aid granted to an airline by the Republic of Finland in the context of the COVID-19 pandemic – Temporary Framework for State aid measures – Recapitalisation of Finnair plc – Decision by the European Commission not to raise any objections – Aid to remedy a serious disturbance in the economy – Principles of proportionality and of non-discrimination
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Judgment of the Court (Fourth Chamber) of 7 November 2024 ECLI:EU:C:2024:935 |
Case C-439/24 P VDS Czmyr Kowalik v EUIPO
Appeal – Community design – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 8 November 2024 ECLI:EU:C:2024:948 |
Case C-344/24 P Papasotiriou v Council and Commission
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Order of the Court (Eighth Chamber) of 11 November 2024 ECLI:EU:C:2024:949 |
Case C-781/22 P LE v Commission
Appeal – Projects funded by the European Union in the area of research – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Project ALL-GAS – Regulation (EC) No 1906/2006 – Grant agreement – Consortium agreement – Exclusion of a participant – Ineligible costs – Debit notes – Article 299 TFEU – Regulation (EU, Euratom) 2018/1046 – Article 100(2) – Enforceable decision – Recovery decision – Action for annulment
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Judgment of the Court (Tenth Chamber) of 14 November 2024 ECLI:EU:C:2024:960 |
Case C-165/23 Commission v Bulgaria (Espèces exotiques envahissantes)
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Judgment of the Court (Sixth Chamber) of 14 November 2024 ECLI:EU:C:2024:958 |
Case C-520/24 P Jaw de Croon v CPVO
Appeal – Community plant variety rights – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Appeal not demonstrating the significance of an issue of law with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court of 19 November 2024 ECLI:EU:C:2024:1010 |
Case C-538/24 P Penguin Random House v EUIPO
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Order of the Court of 19 November 2024 ECLI:EU:C:2024:969 |
Case C-336/24 Criminal proceedings against SINHRON INVEST
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Order of the Court (Eighth Chamber) of 22 November 2024 ECLI:EU:C:2024:982 |
Case C-49/24 Rzecznik Finansowy v Prokurator Generalny
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Order of the Court (Eighth Chamber) of 28 November 2024 ECLI:EU:C:2024:1005 |
Joined Cases C-388/24 and C-389/24 GK and Others v Ministero dell'Interno and Others
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Order of the President of the Court of 29 November 2024 ECLI:EU:C:2024:1011 |
Joined Cases C-758/24 and C-759/24 LC and CP v Commissione Territoriale per il riconoscimento della Protezione Internazionale di Roma
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Order of the President of the Court of 29 November 2024 ECLI:EU:C:2024:1012 |
December 2024
Case C-379/23 Guldbrev v Konsumentombudsmannen
Reference for a preliminary ruling – Consumer protection – Unfair commercial practices – Directive 2005/29/EC – Article 2(c), (d) and (i) – Article 3(1) – Scope – Concept of ‘product’ – Combined offer consisting of the valuation and purchase of a good
Request for a preliminary ruling from the Svea Hovrätt
Language of the case: Swedish
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Opinion of Advocate General Pikamäe delivered on 13 June 2024
ECLI:EU:C:2024:514 |
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Judgment of the Court (Fifth Chamber) of 5 December 2024
ECLI:EU:C:2024:1002 |
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Case C-389/23 Bulgarfrukt v Oranzherii Gimel II
Reference for a preliminary ruling – Judicial cooperation in civil matters – European order for payment procedure – Regulation (EC) No 1896/2006 – European order for payment declared enforceable – Service of judicial and extrajudicial documents in civil or commercial matters – Regulation (EC) No 1393/2007 – Invalid service ascertained during enforcement – National legislation providing for a legal remedy enabling the defendant to apply for the annulment of a European order for payment – Legal consequences – Obligation of the court seised to annul the European order for payment
Request for a preliminary ruling from the Amtsgericht Wedding
Language of the case: German
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Judgment of the Court (Second Chamber) of 5 December 2024
ECLI:EU:C:2024:1001 |
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Case C-506/23 Network One Distribution v Agenţia Naţională de Administrare Fiscală - Direcţia Generală Regională a Finanţelor Publice Bucureşti and Others
Reference for a preliminary ruling – Customs union – Incurrence and recovery of a customs debt – Regulation (EU) No 952/2013 – Recovery of anti-dumping duties relating to imports from China – Charging of interest on arrears under Regulation No 952/2013 – National legislation providing for the imposition of a late payment penalty in addition to interest on arrears
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
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Judgment of the Court (Eighth Chamber) of 5 December 2024
ECLI:EU:C:2024:1003 |
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Case C-606/23 Tallinna Kaubamaja Grupp and KIA Auto v Konkurences padome
Reference for a preliminary ruling – Competition – Agreements, decisions and concerted practices – Article 101(1) TFEU – Vertical agreements – Restriction ‘by effect’ – Agreement establishing restrictions in respect of car warranties – Obligation for the competition authority to demonstrate anticompetitive effects – Actual effects and potential effects
Request for a preliminary ruling from the Administratīvā apgabaltiesa
Language of the case: Latvian
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Judgment of the Court (Tenth Chamber) of 5 December 2024
ECLI:EU:C:2024:1004 |
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Case C-680/23 Modexel v Autoridade Tributária e Assuntos Fiscais da Região Autónoma da Madeira
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – First paragraph of Article 183 – Rules governing the exercise of the right of deduction – Carrying forward excess VAT – Concept of ‘following period’ – Refund of excess VAT – Cessation of economic activity
Request for a preliminary ruling from the Tribunal Administrativo e Fiscal do Funchal
Language of the case: Portuguese
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Judgment of the Court (Eighth Chamber) of 5 December 2024
ECLI:EU:C:2024:1000 |
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Case C-3/24 MISTRAL TRANS v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Prevention of the use of the financial system for the purposes of money laundering or terrorist financing – Directive (EU) 2015/849 – Scope – Article 2(1)(3)(a) – Obliged entity – Concept of ‘external accountants’ – Accounting services provided, on an ancillary basis, to companies related to the entity providing them
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
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Judgment of the Court (First Chamber) of 5 December 2024
ECLI:EU:C:2024:999 |
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Case C-587/21 P DD v FRA
Appeal – Civil service – Members of the temporary staff – Disciplinary proceedings – Staff Regulations of Officials of the European Union – Annex IX – Article 3 – Compliance with the judgments of the Civil Service Tribunal and of the General Court of the European Union – Annulment of the decisions of the appointing authority – Discretion – Obligation to resume the proceedings at the very point at which the illegality occurred – Rights of the defence – Right to be heard – Article 29 – Compensation for the harm suffered
Language of the case: English
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Opinion of Advocate General Pikamäe delivered on 7 December 2023
ECLI:EU:C:2023:964 |
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Judgment of the Court (Fifth Chamber) of 12 December 2024
ECLI:EU:C:2024:1017 |
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Case C-130/22 P DD v FRA
Appeal – Civil service – Staff Regulations of Officials of the European Union and Conditions of Employment of Other Servants of the European Union – Members of the temporary staff – Termination of a contract concluded for an indefinite period – Notice period – Maintenance of the duty of loyalty and of confidentiality – Disciplinary proceedings – Initiation of an administrative inquiry – Closure of the case without further action – Unlawful conduct attributable to the appointing authority – Non-material damage – Proof – Conditions necessary for the European Union to incur non-contractual liability
Language of the case: English
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Judgment of the Court (Fifth Chamber) of 12 December 2024
ECLI:EU:C:2024:1018 |
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Case C-181/22 P Nemea Bank v ECB
Appeal – Economic and monetary policy – Prudential supervision of credit institutions – Regulation (EU) No 1024/2013 – Specific supervisory tasks assigned to the European Central Bank (ECB) – Article 24 – Decision to withdraw a credit institution’s authorisation – Administrative review procedure – Decision repealing an earlier decision – Action for annulment – Continuing interest in bringing proceedings – Actions for damages – Manifest inadmissibility
Language of the case: English
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Opinion of Advocate General Kokott delivered on 30 November 2023
ECLI:EU:C:2023:935 |
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Judgment of the Court (Fifth Chamber) of 12 December 2024
ECLI:EU:C:2024:1020 |
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Case C-680/22 P DD v FRA
Appeal – Civil service – Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union – Members of the temporary staff – Disciplinary proceedings – Administrative investigation – Concept of ‘plagiarism’ – Appointment by the appointing authority of an investigator with whom it has a business relationship – Conflict of interest – Article 41(1) of the Charter of Fundamental Rights of the European Union – Objective impartiality – Article 17a – Official’s freedom of expression – Articles 11, 12 and 21 – Respect for the principles of loyalty and impartiality
Language of the case: English
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Opinion of Advocate General Pikamäe delivered on 7 December 2023
ECLI:EU:C:2023:969 |
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Judgment of the Court (Fifth Chamber) of 12 December 2024
ECLI:EU:C:2024:1019 |
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Case C-118/23 Rada Nadzorcza Getin Noble Bank and Others v Bankowy Fundusz Gwarancyjny
Reference for a preliminary ruling – Recovery and resolution of credit institutions – Directive 2014/59/EU – Decision to take a crisis management measure in respect of a credit institution – Article 85(3) – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy of all persons affected by that decision – Compliance with a reasonable time limit – Requirement of an expeditious judicial review – Provision of national law requiring that all the actions be joined – Article 3(3) – Combining of functions by the resolution authority – Guarantee of operational independence
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Warszawie
Language of the case: Polish
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Opinion of Advocate General Richard de la Tour delivered on 13 June 2024
ECLI:EU:C:2024:511 |
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Judgment of the Court (Fourth Chamber) of 12 December 2024
ECLI:EU:C:2024:1013 |
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Case C-300/23 NB v Kutxabank
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Mortgage loan agreement – Term providing for a variable interest rate – Reference index based on the annual percentage rates of charge (APRC) of mortgage loans granted by savings banks – Official index established by a published administrative act – Information contained in the preamble to that act – Check relating to the requirement of transparency – Assessment of the unfair nature of the term – Principle of effectiveness
Request for a preliminary ruling from the Juzgado de Primera Instancia de Donostia – San Sebastián
Language of the case: Spanish
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Judgment of the Court (Ninth Chamber) of 12 December 2024
ECLI:EU:C:2024:1026 |
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Case C-331/23 Dranken Van Eetvelde v Belgische Staat
Reference for a preliminary ruling – Taxation – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 205 – Joint and several liability for tax debts owed by a third party – Conditions and scope of liability – Fight against VAT fraud – Joint and several liability for the payment of VAT which does not allow an assessment to be made on the basis of the contribution of each taxable person in the tax evasion – Principle of proportionality – Article 50 of the Charter of Fundamental Rights of the European Union – Principle non bis in idem – Criteria for application – Facts relating to different tax years against which administrative or criminal proceedings are brought – Continuing offence with unity of purpose – Facts not identical
Request for a preliminary ruling from the Rechtbank van eerste aanleg Oost-Vlaanderen Afdeling Gent
Language of the case: Dutch
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Opinion of Advocate General Kokott delivered on 5 September 2024
ECLI:EU:C:2024:700 |
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Judgment of the Court (Ninth Chamber) of 12 December 2024
ECLI:EU:C:2024:1027 |
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Case C-388/23 Golden Omega v Inspecteur van de Belastingdienst Douane kantoor Rotterdam Rijnmond
Reference for a preliminary ruling – Customs union – Regulation (EEC) No 2658/87 – Common Customs Tariff – Tariff classification – Combined Nomenclature – Heading 1516 – Fats and oils and their fractions – Fish oil in the form of ethyl esters – Esterification of fatty acids with ethanol – Implementing Regulation (EU) 2019/1661 – Validity
Request for a preliminary ruling from the Rechtbank Noord-Holland
Language of the case: Dutch
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Judgment of the Court (Sixth Chamber) of 12 December 2024
ECLI:EU:C:2024:1022 |
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Case C-419/23 CN v Nemzeti Földügyi Központ
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Article 17 of the Charter of Fundamental Rights of the European Union – Right to property – Right of usufruct over agricultural land – National legislation extinguishing, without compensation, the rights of usufruct – Judgment establishing a failure to fulfil obligations – Reinstatement in the land register of a previously deleted right of usufruct, without examination of the lawfulness of the original registration – Finality of the original registration
Request for a preliminary ruling from the Győri Törvényszék
Language of the case: Hungarian
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Opinion of Advocate General Kokott delivered on 11 July 2024
ECLI:EU:C:2024:614 |
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Judgment of the Court (Fourth Chamber) of 12 December 2024
ECLI:EU:C:2024:1016 |
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Case C-436/23 Belgische Staat / Federale Overheidsdienst Financiën v Volvo Group Belgium
Reference for a preliminary ruling – Direct taxation – Article 49 TFEU – Freedom of establishment – Tax on company profits – National legislation establishing a fairness tax – National decision annulling that legislation – Maintenance of effects – Tax not payable by a non-resident company with a permanent establishment in the Member State – Tax payable by a subsidiary of a non-resident company – Choice of legal form – Comparability of situations
Request for a preliminary ruling from the Hof van Beroep te Gent
Language of the case: Dutch
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Judgment of the Court (Sixth Chamber) of 12 December 2024
ECLI:EU:C:2024:1023 |
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Case C-527/23 Weatherford Atlas Gip v Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Soluţionare a Contestaţiilor and Agenţia Naţională de Administrare Fiscală - Direcţia Generală de Administrare a Marilor Contribuabili
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 168 – Right to deduct VAT – Purchase of administrative services provided within the same group of companies – Refusal of the right of deduction
Request for a preliminary ruling from the Tribunalul Prahova
Language of the case: Romanian
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Judgment of the Court (Sixth Chamber) of 12 December 2024
ECLI:EU:C:2024:1024 |
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Case C-725/23 M. v R.W.
Reference for a preliminary ruling – Directive 2011/7/EU – Combating late payment in commercial transactions – Transactions between undertakings – Commercial lease agreement – Point 8 of Article 2 – Concept of ‘amount due’ – Re-invoicing of rental charges and costs associated with the rent
Request for a preliminary ruling from the Sąd Rejonowy Katowice – Wschód w Katowicach
Language of the case: Polish
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Judgment of the Court (Ninth Chamber) of 12 December 2024
ECLI:EU:C:2024:1015 |
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Case C-781/23 Malmö Motorrenovering v Allmänna ombudet
Reference for a preliminary ruling – Customs union – Union Customs Code – Regulation (EU) No 952/2013 – Article 250 – Temporary admission procedure – Article 251 – Period during which goods imported under that procedure may remain – Period insufficient for achieving the objective of authorised use – Customs debt incurred through non-compliance with that period – Conditions for extending that period – Importation of a racing car
Request for a preliminary ruling from the Högsta förvaltningsdomstolen
Language of the case: Swedish
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Judgment of the Court (Eighth Chamber) of 12 December 2024
ECLI:EU:C:2024:1014 |
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Joined Cases C-119/22 and C-149/22 Teva and Teva Finland v Merck Sharp & Dohme and Merck Sharp & Dohme LLC v Clonmel Healthcare
Reference for a preliminary ruling – Medicinal products for human use – Supplementary protection certificate (SPC) – Regulation (EC) No 469/2009 – Conditions for obtaining an SPC for medicinal products – Article 3(a) – Concept of ‘product protected by a basic patent in force’ – Article 3(c) – Concept of ‘product the subject of an SPC’ – Criteria for assessment
Requests for a preliminary ruling from the Markkinaoikeus and the Supreme Court (Ireland)
Languages of the case: English and Finnish
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Opinion of Advocate General Emiliou delivered on 6 June 2024
ECLI:EU:C:2024:472 |
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Judgment of the Court (Third Chamber) of 19 December 2024
ECLI:EU:C:2024:1039 |
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Case C-573/22 A and Others v Skatteministeriet
Reference for a preliminary ruling – Common system of value added tax – Directive 2006/112/EC – Article 370 – Point 2 of Part A of Annex X – Derogation – Scope – Activities of a public radio and television body financed by a compulsory fee paid by the owners of devices capable of receiving radio and television broadcasts
Request for a preliminary ruling from the Østre Landsret - Nordhavn
Language of the case: Danish
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Opinion of Advocate General Szpunar delivered on 12 September 2024
ECLI:EU:C:2024:750 |
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Judgment of the Court (Fifth Chamber) of 19 December 2024
ECLI:EU:C:2024:1040 |
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Joined Cases C-717/22 and C-372/23 SISTEM LUX and VU v Teritorialna direktsia Mitnitsa Burgas and Teritorialna direktsia Mitnitsa Burgas kam Agentsia „Mitnitsi“
Reference for a preliminary ruling – Customs union – Regulation (EU) No 952/2013 – Union Customs Code – Article 15 – Provision of information to the customs authorities – Failure to comply with the customs legislation – Article 42 – Effective, proportionate and dissuasive penalties – Framework Decision 2005/212/JHA – Confiscation of crime-related proceeds, instrumentalities and property – Articles 2(1) – Confiscation – National provision providing for the imposition of a fine of between 100% and 200% of the customs value of the goods and confiscation thereof irrespective of the owner
Requests for a preliminary ruling from the Rayonen sad Svilengrad and Administrativen sad - Haskovo
Language of the case: Bulgarian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 8 May 2024
ECLI:EU:C:2024:391 |
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Judgment of the Court (Third Chamber) of 19 December 2024
ECLI:EU:C:2024:1041 |
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Case C-65/23 MK v K (Traitement de données personnelles des employés)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 88(1) and (2) – Processing in the context of employment – Employees’ personal data – More specific rules provided for by a Member State pursuant to that Article 88 – Obligation to comply with Article 5, Article 6(1) and Article 9(1) and (2) of that regulation – Processing on the basis of a collective agreement – Margin of discretion of the parties to the collective agreement as regards the necessity of the processing of personal data provided for by that agreement – Scope of judicial review
Request for a preliminary ruling from the Bundesarbeitsgericht
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 19 December 2024
ECLI:EU:C:2024:1051 |
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Joined Cases C-123/23 and C-202/23 N. A. K. and Others v Bundesrepublik Deutschland
Reference for a preliminary ruling – Area of freedom, security and justice – Border controls, asylum and immigration – Asylum policy – Directive 2013/32/EU – Common procedures for granting and withdrawing international protection – Application for international protection – Grounds for inadmissibility – Article 2(q) – Concept of ‘subsequent application’ – Article 33(2)(d) – Rejection by a Member State of an application for international protection as inadmissible due to the rejection of a previous application made in another Member State or the discontinuation of the procedure by another Member State in respect of the previous application
Requests for a preliminary ruling from the Verwaltungsgericht Minden
Language of the case: German
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Opinion of Advocate General Emiliou delivered on 27 June 2024
ECLI:EU:C:2024:563 |
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Judgment of the Court (Fifth Chamber) of 19 December 2024
ECLI:EU:C:2024:1042 |
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Case C-157/23 Ford Italia v ZP and Stracciari
Reference for a preliminary ruling – Approximation of laws – Liability for defective products – Directive 85/374/EEC – Article 3(1) – Concept of ‘producer’ – Concept of a ‘person who … presents him[- or her]self as … [a] producer’ – Conditions – Supplier whose name is the same in part as that of the producer and as the trade mark put on the product by the producer
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 18 April 2024
ECLI:EU:C:2024:332 |
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Judgment of the Court (Fifth Chamber) of 19 December 2024
ECLI:EU:C:2024:1045 |
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Case C-295/23 Halmer Rechtsanwaltsgesellschaft v Rechtsanwaltskammer München
Reference for a preliminary ruling – Article 49 TFEU – Freedom of establishment – Article 63 TFEU – Free movement of capital – Establishing the applicable freedom – Services in the internal market – Directive 2006/123/EC – Article 15 – Requirements which relate to the shareholding of a company – A purely financial investor’s holding in a law firm – Revocation of that law firm’s registration with the professional body on account of that holding – Restriction on freedom of establishment and on the free movement of capital – Justifications based on protecting the independence of lawyers and recipients of legal services – Necessity – Proportionality
Request for a preliminary ruling from the Bayerischer Anwaltsgerichtshof
Language of the case: German
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 4 July 2024
ECLI:EU:C:2024:581 |
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Judgment of the Court (Grand Chamber) of 19 December 2024
ECLI:EU:C:2024:1037 |
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Case C-369/23 Vivacom Bulgaria v Varhoven administrativen sad and Natsionalna agentsia za prihodite
Reference for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Effective legal protection in the fields covered by EU law – Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Access to an independent and impartial tribunal – Liability of a Member State for damage caused to individuals by an infringement of EU law – Infringement by a national court adjudicating at last instance in relation to value added tax (VAT) – Jurisdiction of a court adjudicating at last instance while having the capacity of defendant in the dispute – Composition of the adjudicating panel
Request for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Opinion of Advocate General Ćapeta delivered on 11 July 2024
ECLI:EU:C:2024:612 |
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Judgment of the Court (Fourth Chamber) of 19 December 2024
ECLI:EU:C:2024:1043 |
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Case C-392/23 Rustrans v Ministerul Agriculturii şi Dezvoltării Rurale - Direcţia Generală Pescuit - Autoritatea de Management pentru POPAM
Reference for a preliminary ruling – Common fisheries policy – European Maritime and Fisheries Fund (EMFF) – Regulation (EU) No 1303/2013 – Article 69 – Concept of ‘eligible expenditure’ – Articles 4 and 125 – Regulation (EU) No 508/2014 – Article 48(1)(c) – Modernisation of an aquaculture unit – Regulation (EU, Euratom) 2018/1046 – Article 33 – Principle of sound financial management – Contribution in kind in the form of land and buildings located on that land – Direct link between the contribution in kind and the operation financed
Request for a preliminary ruling from the Curtea de Apel Bacău
Language of the case: Romanian
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Judgment of the Court (Eighth Chamber) of 19 December 2024
ECLI:EU:C:2024:1052 |
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Case C-531/23 HJ v US and MU
Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Daily and weekly rest – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Articles 3, 5, 6, 16, 17, 19 and 22 – Requirement to establish a system enabling the duration of time worked by domestic workers to be measured – Derogation – National legislation exempting domestic workers from the obligation to record actual time worked
Request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco
Language of the case: Spanish
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Judgment of the Court (Seventh Chamber) of 19 December 2024
ECLI:EU:C:2024:1050 |
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Case C-591/23 ZCC Europe v Hauptzollamt Düsseldorf
Reference for a preliminary ruling – Customs union – Common Customs Tariff – Combined Nomenclature – Tariff classification – Headings 8113 and 8209 – Hard metal sticks made of cermets – Implementing Regulation (EU) 2021/910 – Validity – Classification criteria
Request for a preliminary ruling from the Finanzgericht Düsseldorf
Language of the case: German
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Judgment of the Court (Ninth Chamber) of 19 December 2024
ECLI:EU:C:2024:1053 |
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Case C-596/23 B UG v Veronsaajien oikeudenvalvontayksikkö
Reference for a preliminary ruling – Excise duties – Directive 2008/118/EC – Article 36(1) – Online purchase of excise goods in another Member State – Transport by a transporter recommended by the vendor – National rules regarding the vendor as liable for the excise duties chargeable in the Member State of destination
Request for a preliminary ruling from the Helsingin hallinto-oikeus
Language of the case: Finnish
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Opinion of Advocate General Pikamäe delivered on 26 September 2024
ECLI:EU:C:2024:797 |
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Judgment of the Court (Fourth Chamber) of 19 December 2024
ECLI:EU:C:2024:1044 |
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Case C-601/23 Credit Suisse Securities (Europe) v Diputación Foral de Bizkaia
Reference for a preliminary ruling – Article 63 TFEU – Free movement of capital – Taxation – Taxation of dividends – Withholding tax – Reimbursement of withholding tax, granted to resident dividend recipients that are loss-making at the end of the tax year in which the dividends are received – No reimbursement of the withholding tax to non-resident dividend recipients – Difference in treatment – Restriction – Comparability – Justification
Request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco
Language of the case: Spanish
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Judgment of the Court (Sixth Chamber) of 19 December 2024
ECLI:EU:C:2024:1048 |
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Case C-664/23 Caisse d’allocations familiales des Hauts-de-Seine v TX
Reference for a preliminary ruling – Directive 2011/98/EU – Rights of third-country workers who hold a single permit – Article 12 – Right to equal treatment – Social security – National legislation determining entitlements to family benefits – Legislation excluding the taking into account of the minor children of the single permit holder for lack of evidence that they have entered the national territory lawfully
Request for a preliminary ruling from the Cour d'appel de Versailles
Language of the case: French
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Judgment of the Court (Fifth Chamber) of 19 December 2024
ECLI:EU:C:2024:1046 |
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Joined Cases C-185/24 and C-189/24 RL and QS v Bundesrepublik Deutschland
Reference for a preliminary ruling – Asylum policy – Regulation (EU) No 604/2013 – Article 3(2) – Transfer of the asylum seeker to the Member State responsible for examining the application for international protection – Article 4 of the Charter of Fundamental Rights of the European Union – Risk of inhuman or degrading treatment – Evidence and standard of proof of the real risk of inhuman or degrading treatment, resulting from systemic flaws in the asylum procedure and in the reception conditions for applicants in the Member State responsible – Suspension, by the Member State responsible, of the taking charge of and taking back of asylum seekers
Requests for a preliminary ruling from the Oberverwaltungsgericht für das Land Nordrhein-Westfalen
Language of the case: German
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Judgment of the Court (Second Chamber) of 19 December 2024
ECLI:EU:C:2024:1036 |
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Joined Cases C-244/24 and C-290/24 P and Others v Staatssecretaris van Justitie en Veiligheid
Reference for a preliminary ruling – Asylum policy – Temporary protection in the event of a mass influx of displaced persons – Directive 2001/55/EC – Articles 4 and 7 – Invasion of Ukraine by Russian armed forces – Implementing Decision (EU) 2022/382 – Article 2(3) – Option for a Member State to apply temporary protection to displaced persons not covered by that decision – Point in time when a Member State which has granted temporary protection to such persons may terminate that protection – Return of illegally staying third-country nationals – Directive 2008/115/EC – Article 6 – Return decision – Point in time when a Member State may adopt a return decision – Illegal stay
Requests for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Amsterdam and Raad van State
Language of the case: Dutch
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Opinion of Advocate General Richard de la Tour delivered on 22 October 2024
ECLI:EU:C:2024:911 |
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Judgment of the Court (Grand Chamber) of 19 December 2024
ECLI:EU:C:2024:1038 |
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Information (on unpublished decisions)
Case C-324/24 P AG v Commission
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Order of the Court (Ninth Chamber) of 4 December 2024 ECLI:EU:C:2024:1007 |
Case C-772/23 P Euranimi v Commission
Appeal – Common rules for imports – Safeguard measures – Regulation (EU) 2015/478 – Article 19(2) – Extension of a safeguard measure – Conditions – Steel products market – Import of certain steel products – Implementing Regulation (EU) 2021/1029
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Judgment of the Court (Eighth Chamber) of 12 December 2024 ECLI:EU:C:2024:1025 |
Case C-149/24 United Media Services v Consiliul Concurenţei
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Order of the Court (Eighth Chamber) of 12 December 2024 ECLI:EU:C:2024:1034 |
Case C-534/24 Your personal driver v Comune di Roma
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Order of the Court (Eighth Chamber) of 12 December 2024 ECLI:EU:C:2024:1066 |
January 2025
Case C-394/23 Mousse v CNIL and SNCF Connect
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 5(1)(c) – Data minimisation – Article 6(1) – Lawfulness of processing – Data relating to title and gender identity – Online sale of travel documents – Article 21 – Right to object
Request for a preliminary ruling from the Conseil d'état (France)
Language of the case: French
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Opinion of Advocate General Szpunar delivered on 11 July 2024
ECLI:EU:C:2024:610 |
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Judgment of the Court (First Chamber) of 9 January 2025
ECLI:EU:C:2025:2 |
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Case C-416/23 Österreichische Datenschutzbehörde v F R and Bundesministerin für Justiz (Demandes excessives)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 57(1)(f) and Article 57(4) – Tasks of the supervisory authority – Concepts of a ‘request’ and ‘excessive requests’ – Charging of a reasonable fee or refusal to act on requests in the event of manifestly unfounded or excessive requests – Criteria which may guide the supervisory authority in making its choice – Article 77(1) – Concept of a ‘complaint’
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 5 September 2024
ECLI:EU:C:2024:701 |
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Judgment of the Court (First Chamber) of 9 January 2025
ECLI:EU:C:2025:3 |
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Case C-578/23 Česká republika – Generální finanční ředitelství v Úřad pro ochranu hospodářské soutěže
Reference for a preliminary ruling – Public contracts – Directive 2004/18/EC – Article 31(1)(b) – Negotiated procedure without prior publication of a contract notice – Conditions – Technical reasons – Reasons connected with the protection of exclusive rights – Attributable to the contracting authority – Factual and legal circumstances to be taken into consideration
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 26 September 2024
ECLI:EU:C:2024:795 |
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Judgment of the Court (Third Chamber) of 9 January 2025
ECLI:EU:C:2025:4 |
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Case C-583/23 AK v Ministère public
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2014/41/EU – European Investigation Order in criminal matters – Material scope – Concept of ‘investigative measure’ – Service of an indictment accompanied by an order that the person be remanded in custody pending trial and make a bail payment – Hearing of the accused person
Request for a preliminary ruling from the Cour de cassation - Chambre criminelle
Language of the case: French
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Opinion of Advocate General Collins delivered on 4 October 2024
ECLI:EU:C:2024:863 |
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Judgment of the Court (Fourth Chamber) of 9 January 2025
ECLI:EU:C:2025:6 |
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Case C-627/23 Commune de Schaerbeek and Commune de Linkebeek v Holding Communal
Reference for a preliminary ruling – Directive 2003/71/EC – Prospectus to be published when securities are offered to the public or admitted to trading – Article 2(1)(a) – Concept of ‘securities’ – Article 3 – Obligation to publish a prospectus – Securities negotiable on the capital market – Shares in a holding company that may be held only by certain territorial administrative authorities of a Member State – Transfer of shares requiring the approval of the board of directors of the holding company
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
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Opinion of Advocate General Richard de la Tour delivered on 5 September 2024
ECLI:EU:C:2024:692 |
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Judgment of the Court (Fourth Chamber) of 9 January 2025
ECLI:EU:C:2025:9 |
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Case C-726/22 P Commission v Pollinis France
Appeal – Access to documents – Regulation (EC) No 1049/2001 – Article 4(3), first subparagraph – Protection of the decision-making process – Regulation (EU) No 182/2011 – Committee procedure – Positions expressed by Member States and other Members of Committees – Refusal to grant access
Language of the case: English
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Opinion of Advocate General Emiliou delivered on 27 June 2024
ECLI:EU:C:2024:562 |
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Judgment of the Court (Fifth Chamber) of 16 January 2025
ECLI:EU:C:2025:17 |
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Case C-277/23 E P v Ministarstvo financija Republike Hrvatske, Samostalni sektor za drugostupanjski upravni postupak (Bourse Erasmus+)
Reference for a preliminary ruling – Citizenship of the Union – Article 21(1) TFEU – Right to move and reside freely within the territory of the Member States – Tax legislation – Income tax – Calculation of the amount of the basic personal allowance for a dependent child who has received mobility support for educational purposes in the context of the Erasmus+ programme – Regulation (EU) No 1288/2013 – Taxation of grants to support the mobility of individuals covered by that regulation – Restriction on freedom of movement – Proportionality
Request for a preliminary ruling from the Ustavni sud
Language of the case: Croatian
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Opinion of Advocate General Szpunar delivered on 4 July 2024
ECLI:EU:C:2024:583 |
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Judgment of the Court (Fifth Chamber) of 16 January 2025
ECLI:EU:C:2025:18 |
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Case C-346/23 Banco de Santander v Asociación de Consumidores y Usuarios de Servicios Generales-Auge (Représentation des consommateurs individuels)
Reference for a preliminary ruling – Markets in financial instruments – Directive 2004/39/EC – Article 52(2) – Action brought in the interests of consumers – Consumer organisations having a legitimate interest in protecting consumers – Standing to bring legal proceedings to defend the individual interests of their members – Loss of standing in the case of investments in high-value financial products – Exemption from court fees and from the obligation to pay the costs incurred by the opposing party – Procedural autonomy – Principle of effectiveness
Request for a preliminary ruling from the Tribunal Supremo
Language of the case: Spanish
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Opinion of Advocate General Medina delivered on 5 September 2024
ECLI:EU:C:2024:690 |
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Judgment of the Court (Fourth Chamber) of 16 January 2025
ECLI:EU:C:2025:13 |
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Case C-376/23 BALTIC CONTAINER TERMINAL v Valsts ieņēmumu dienests
Reference for a preliminary ruling – Customs Union – Regulation (EU) No 952/2013 – Union Customs Code – Delegated Regulation (EU) 2015/2446 – Implementing Regulation (EU) 2015/2447 – Free zones – Change of customs status of non-Union goods to Union goods – Records of the holder of an authorisation to carry on activities in a free zone – Legitimate expectations – Res judicata
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
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Opinion of Advocate General Kokott delivered on 11 July 2024
ECLI:EU:C:2024:616 |
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Judgment of the Court (Fifth Chamber) of 16 January 2025
ECLI:EU:C:2025:20 |
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Case C-400/23 Criminal proceedings against VB (Information sur le droit à un nouveau procès)
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/343 – Right to be present at the trial – Article 8(2) – Trial resulting in a decision imposing a conviction in absentia or a decision of acquittal in absentia – Conditions – Article 8(4) – Obligation to inform the person tried in absentia of the legal remedies available – Article 9 – Right to a new trial or to another legal remedy which allows a fresh determination of the merits of the case and which may lead to the original decision being reversed – Article 10(1) – Right to an effective remedy – National legislation making the recognition of the right to a new trial subject to the submission of a request to reopen criminal proceedings to a judicial authority before which the person tried in absentia must appear
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
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Opinion of Advocate General Richard de la Tour delivered on 11 July 2024
ECLI:EU:C:2024:613 |
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Judgment of the Court (Fourth Chamber) of 16 January 2025
ECLI:EU:C:2025:14 |
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Case C-424/23 DYKA Plastics v Fluvius System Operator
Reference for a preliminary ruling – Award of public works contracts – Directive 2014/24/EU – Article 42 – Technical specifications – Formulation – Whether the list at Article 42(3) is exhaustive in nature – Invitation to tender requiring drainage work to be carried out using pipes made of vitrified clay and made of concrete – Plastic pipes excluded – Article 42(4) – Reference to a type or to a specific production – Situations in which a reference must be accompanied by the words “or equivalent”
Request for a preliminary ruling from the Ondernemingsrechtbank Gent Afdeling Gent
Language of the case: Dutch
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 12 September 2024
ECLI:EU:C:2024:749 |
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Judgment of the Court (Fourth Chamber) of 16 January 2025
ECLI:EU:C:2025:15 |
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Case C-516/23 NW and YS v Qatar Airways
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 3(3) – Travel free of charge or at a reduced fare not available directly or indirectly to the public – Passenger who has paid only charges and air transport taxes – Reservation in the context of a promotional campaign – Article 8(1)(c) – Right to re-routing at a later date – No requirement of a temporal link between the cancelled flight and the re-routing flight desired by the passenger
Request for a preliminary ruling from the Landgericht Frankfurt am Main
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 16 January 2025
ECLI:EU:C:2025:21 |
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Case C-588/23 Scai v Regione Campania
Reference for a preliminary ruling – Recovery of unlawful and incompatible aid – Regulation (EU) 2015/1589 – Article 16 – Beneficiary of individual aid identified in the European Commission recovery decision – Implementation of the recovery decision – Transfer of the aid to another undertaking after the recovery decision – Economic continuity – Assessment – Competent authority – Extension of the recovery obligation to the actual beneficiary – Audi alteram partem rule – Articles 41 and 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania
Language of the case: Italian
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Judgment of the Court (Tenth Chamber) of 16 January 2025
ECLI:EU:C:2025:23 |
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Case C-642/23 Flightright v Etihad Airways (Compte de fidélité)
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 8(1)(a) – Right to reimbursement of the cost of the airline ticket in the event of cancellation of a flight – Choice between reimbursement in money or in travel vouchers – Article 7(3) – Concept of the ‘signed agreement of the passenger’ – Loyalty account set up by the passenger on the air carrier’s website
Request for a preliminary ruling from the Landgericht Düsseldorf
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 16 January 2025
ECLI:EU:C:2025:12 |
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Case C-644/23 Criminal proceedings against IR
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/343 – Article 8 – Right to be present at the trial – Information regarding the holding of the trial and the consequences of non-appearance – Inability to locate the accused person notwithstanding the reasonable efforts of the competent authorities – Possibility of a trial and a decision in absentia – Article 9 – Right to a new trial or to another legal remedy which allows a fresh determination of the merits of the case – No such right where the person concerned absconds
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
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Judgment of the Court (Fourth Chamber) of 16 January 2025
ECLI:EU:C:2025:16 |
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Case C-188/23 Land Niedersachsen v Conti 11. Container Schiffahrt (Convention de Bâle)
Reference for a preliminary ruling – Environment – Shipment of waste – Directive 2006/12/EC – Directive 2008/98/EC – Concept of ‘waste’ – Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal – Article 1(4) – Regulation (EC) No 1013/2006 – Waste subject to the prior written notification and consent procedure – Shipments of waste within the European Union – Article 1(3)(b) – Validity – Interpretation in conformity with the Basel Convention – Waste generated on board a ship following damage sustained by it on the high seas – Concept of ‘offloading of waste’ – Partial offloading of waste in a safe port
Request for a preliminary ruling from the Oberlandesgericht München
Language of the case: German
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Opinion of Advocate General Ćapeta delivered on 16 May 2024
ECLI:EU:C:2024:410 |
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Judgment of the Court (Grand Chamber) of 21 January 2025
ECLI:EU:C:2025:26 |
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Case C-766/21 P Parliament v Axa Assurances Luxembourg and Others
Appeal – Article 56 of the Statute of the Court of Justice of the European Union – More than one defendant in the proceedings at first instance – Judgment in default against one of those defendants which is the subject of an application before the General Court of the European Union to have it set aside – Admissibility of the appeal brought against that judgment – Conditions – Article 41 of the Statute of the Court of Justice of the European Union – Admissibility of the response to an appeal submitted by a party against which an order was made by default at first instance – Article 172 of the Rules of Procedure of the Court of Justice – Cross-appeal brought by a party against which an order was made by default and which has made an application to set aside to the General Court – Article 176(1) and Article 178 of the Rules of Procedure of the Court of Justice – Inadmissibility – Arbitration clause – Article 272 TFEU – Insurance contract concluded by the European Parliament – Exclusion clause in respect of damage relating directly or indirectly to flooding – Scope
Language of the case: French
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Opinion of Advocate General Emiliou delivered on 18 January 2024
ECLI:EU:C:2024:63 |
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Opinion of Advocate General Emiliou delivered on 6 June 2024
ECLI:EU:C:2024:471 |
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Judgment of the Court (Third Chamber) of 23 January 2025
ECLI:EU:C:2025:31 |
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Case C-93/23 P EUIPO v Neoperl
Appeal – EU trade mark – Regulation (EC) No 207/2009 – Article 4 – Signs of which an EU trade mark may consist – Application for registration of a tactile position mark representing a cylindrical sanitary insert – Article 7 – Absolute grounds for refusal – Obligation to examine at the outset the ground for refusal laid down in Article 7(1)(a) of Regulation No 207/2009 – None – Regulation (EU) 2017/1001 – Article 72(3) – Power of the General Court to alter the decision of the Board of Appeal – Limits
Language of the case: German
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Judgment of the Court (Fifth Chamber) of 23 January 2025
ECLI:EU:C:2025:33 |
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Case C-187/23 Proceedings brought by E. V. G.-T.
Reference for a preliminary ruling – Article 267 TFEU – Concept of ‘court or tribunal’ – Judicial cooperation in civil matters – European Certificate of Succession – Regulation (EU) No 650/2012 – Article 67(1) – Decisions taken by the issuing authority – No exercise of a judicial function – Inadmissibility
Request for a preliminary ruling from the Amtsgericht Lörrach
Language of the case: German
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Judgment of the Court (Fifth Chamber) of 23 January 2025
ECLI:EU:C:2025:34 |
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Case C-421/23 Criminal proceedings against EX (Faux certificats A 1)
Reference for a preliminary ruling – Migrant workers – Social security – Applicable legislation – Posted workers – Documents in the form of A1 certificates allegedly issued by the institution competent to issue those certificates – Regulation (EC) No 883/2004 – Article 76(6) – Obligation of the authorities of the host Member State to initiate a dialogue and conciliation procedure for the purpose of determining whether fraud has occurred
Request for a preliminary ruling from the Cour d'appel de Liège
Language of the case: French
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Judgment of the Court (Seventh Chamber) of 23 January 2025
ECLI:EU:C:2025:36 |
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Case C-490/23 P Neos v Commission
Appeal – State aid – Aid scheme – Measures intended to support airlines holding a national operating licence in the context of the COVID-19 pandemic – Decision by the European Commission not to raise any objections – Obligation to state reasons
Language of the case: English
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Judgment of the Court (Fourth Chamber) of 23 January 2025
ECLI:EU:C:2025:32 |
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Case C-518/23 Bundesverband der Verbraucherzentralen und Verbraucherverbände v NEW Niederrhein Energie und Wasser
Reference for a preliminary ruling – Consumer protection – Unfair commercial practices – Directive 2005/29/EC – Article 7 – Misleading omissions – Invitation to purchase – Material information – Information to be provided to the consumer on the manner in which the price is calculated – Online electricity supply offer – Tariff calculator – Indication of a percentage increase in the price applicable to the consumer
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Judgment of the Court (Sixth Chamber) of 23 January 2025
ECLI:EU:C:2025:35 |
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Case C-677/23 A. B. and F. B. v Slovenská sporiteľňa (Informations dans les contrats de crédit aux consommateurs)
Reference for a preliminary ruling – Consumer protection – Credit agreements for consumers – Directive 2008/48/EC – Requirements relating to information to be included in such a credit agreement – Duty to provide information – Duration of the agreement – Annual percentage rate of charge (APRC) – Assumptions used in order to calculate the APRC
Request for a preliminary ruling from the Krajský súd v Prešove
Language of the case: Slovak
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Judgment of the Court (Seventh Chamber) of 23 January 2025
ECLI:EU:C:2025:37 |
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Case C-253/23 ASG 2 v Land Nordrhein-Westfalen
Reference for a preliminary ruling – Competition – Article 101 TFEU – Directive 2014/104/EU – Actions for damages for infringements of competition law – Point 4 of Article 2 – Concept of ‘action for damages’ – Article 3(1) – Right to full compensation for harm suffered – Assignment of compensation claims to a provider of legal services – National law precluding recognition of the standing of such a provider with a view to group collection of those claims – Article 4 – Principle of effectiveness – First paragraph of Article 47 of the Charter of Fundamental Rights of the European Union – Right to effective judicial protection
Request for a preliminary ruling from the Landgericht Dortmund
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 19 September 2024
ECLI:EU:C:2024:767 |
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Judgment of the Court (Grand Chamber) of 28 January 2025
ECLI:EU:C:2025:40 |
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Case C-205/23 Engie Romania v Autoritatea Naţională de Reglementare în Domeniul Energiei
Reference for a preliminary ruling – Energy – Internal market in natural gas – Directive 2009/73/EC – Article 3(1) – Obligations of Member States towards natural gas undertakings – Consumer protection – Articles 40 and 41 – Powers of the regulatory authority – Breach by a natural gas undertaking of its duty of transparency towards consumers – Duplication of penalties for the same unlawful conduct – Article 50 of the Charter of Fundamental Rights of the European Union – Right not to be tried or punished twice in criminal proceedings for the same criminal offence – Ne bis in idem – Article 52(1) – Limitations on the exercise of that fundamental right – Principle of proportionality
Request for a preliminary ruling from the Tribunalul Bucureşti
Language of the case: Romanian
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Opinion of Advocate General Rantos delivered on 11 July 2024
ECLI:EU:C:2024:611 |
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Judgment of the Court (Third Chamber) of 30 January 2025
ECLI:EU:C:2025:43 |
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Case C-510/23 Trenitalia v AGCM
Reference for a preliminary ruling – Consumer protection – Unfair business-to-consumer commercial practices in the internal market – Directive 2005/29/EC – Measures intended to combat such practices – Articles 11 and 13 – Procedures for infringement of the rules of consumer law – Compliance with a reasonable time limit – National legislation requiring the national authority to issue a statement of objections within a time limit of 90 days of knowledge of the essential elements of the infringement – Automatic annulment in its entirety of the decision of the national authority in the event of failure to comply with that time limit – Principle ne bis in idem – Revocation of the power to initiate new infringement proceedings in respect of the same facts – Principle of effectiveness – Rights of defence of undertakings
Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio
Language of the case: Italian
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Opinion of Advocate General Pikamäe delivered on 5 September 2024
ECLI:EU:C:2024:705 |
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Judgment of the Court (Second Chamber) of 30 January 2025
ECLI:EU:C:2025:41 |
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Case C-586/23 P Frajese v Commission
Appeal – Public health – Medicinal products for human use – Marketing authorisation – Spikevax – Comirnaty – Action for annulment – Independence and impartiality of the Courts of the European Union – Failure to comply with procedural rules – Failure to give adequate reasons, and contradictory reasoning – Legal interest in bringing proceedings – Locus standi – Fourth paragraph of Article 263 TFEU – Right to effective judicial protection
Language of the case: Italian
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Judgment of the Court (Eighth Chamber) of 30 January 2025
ECLI:EU:C:2025:45 |
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Information (on unpublished decisions)
Case C-800/23 Minister van Financiën v DRINKS 52 and NZ
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Order of the Court (Tenth Chamber) of 7 January 2025 ECLI:EU:C:2025:1 |
Case C-577/24 P Peikko Group v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request not demonstrating that an issue is significant with respect to the unity, consistency or development of EU law – Appeal not allowed to proceed
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Order of the Court of 8 January 2025 ECLI:EU:C:2025:10 |
Case C-547/23 P Região Autónoma da Madeira v Commission (Zone franche de Madère)
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Judgment of the Court (Tenth Chamber) of 16 January 2025 ECLI:EU:C:2025:22 |
Case C-577/23 Commission v Estonia (Directive ECN +)
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Judgment of the Court (Tenth Chamber) of 23 January 2025 ECLI:EU:C:2025:38 |
February 2025
Case C-158/23 T.G. v Minister van Sociale Zaken en Werkgelegenheid
Reference for a preliminary ruling – Asylum policy – Refugee status or subsidiary protection status – Directive 2011/95/EU – Article 34 – Access to integration facilities – Obligation to pass, on pain of a fine, a civic integration examination – Beneficiary of international protection who has not passed such an examination in time – Obligation to pay a fine – Obligation to bear the full costs of civic integration courses and examinations – Possibility of obtaining a loan in order to pay those costs
Request for a preliminary ruling from the Raad van State
Language of the case: Dutch
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Opinion of Advocate General Medina delivered on 6 June 2024
ECLI:EU:C:2024:461 |
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Judgment of the Court (Grand Chamber) of 4 February 2025
ECLI:EU:C:2025:52 |
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Case C-632/24 P-R :
Appeal – Interim relief – Article 278 TFEU – Application for suspension of operation of a judgment of the General Court of the European Union – Access to documents of the European Commission – Declarations of absence of conflict of interests given by members of the Commission negotiating team for the purchase of vaccines against COVID-19 – Commission decision refusing access to the identity and professional status of those persons
Language of the case: French
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Order of the Vice-President of the Court of 4 February 2025
ECLI:EU:C:2025:70 |
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Case C-677/22 Przedsiębiorstwo A. v P. (Délai de paiement de 120 jours fixé par le débiteur)
Reference for a preliminary ruling – Combating late payment in commercial transactions – Directive 2011/7/EU – Commercial transactions between undertakings – Article 3(5) – Obligation on Member States to ensure that the period for payment set in the contract concluded between undertakings does not exceed 60 calendar days – Possibility, for contracting parties, to set a longer period for payment – Condition for the express agreement in the contract of such a period – Condition that a contractual term is not grossly unfair to the creditor – Cumulative conditions – Contracts in which the terms are determined unilaterally by one of the parties – Contractual term by which the debtor unilaterally sets the period for payment of 120 days – Unlawfulness
Request for a preliminary ruling from the Sąd Rejonowy Katowice – Wschód w Katowicach
Language of the case: Polish
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Opinion of Advocate General Rantos delivered on 30 May 2024
ECLI:EU:C:2024:447 |
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Judgment of the Court (Third Chamber) of 6 February 2025
ECLI:EU:C:2025:58 |
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Case C-42/24 Emporiki Serron – Emporias kai Diathesis Agrotikon Proionton v Ypourgos Anaptyxis kai Ependyseon and Ypourgos Agrotikis Anaptyxis kai Trofimon
Reference for a preliminary ruling – Protection of the European Union’s financial interests – Regulation (EC, Euratom) No 2988/95 – Irregularities – Article 3 – Limitation period – Duration and starting point of that period – National legislation providing for a five-year limitation period as from the time the irregularity is discovered
Request for a preliminary ruling from the Symvoulio tis Epikrateias
Language of the case: Greek
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Judgment of the Court (Sixth Chamber) of 6 February 2025
ECLI:EU:C:2025:56 |
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Case C-829/24 Commission v Hungary
Expedited procedure
Language of the case: Hungarian
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Order of the President of the Court of 12 February 2025
ECLI:EU:C:2025:166 |
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Case C-121/23 P Swissgrid v Commission
Appeal – Internal market for electricity – Guideline on electricity balancing – Regulation (EU) 2017/2195 – Article 1(6) and (7) – Transmission system operators (TSOs) – Participation in European platforms for the exchange of standard products for balancing energy – Article 263 TFEU – Action for annulment – Admissibility – Concept of ‘challengeable act’ – Letter from the European Commission refusing the participation of a TSO operating in Switzerland in European platforms
Language of the case: English
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Opinion of Advocate General Kokott delivered on 11 July 2024
ECLI:EU:C:2024:615 |
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Judgment of the Court (Fifth Chamber) of 13 February 2025
ECLI:EU:C:2025:83 |
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Joined Cases C-244/23 P to C-246/23 P Commission v Carpatair and Wizz Air Hungary and AITTV v Commission
Appeal – State aid – Aviation sector – Measures implemented by Timişoara International Airport (Romania) in favour of Wizz Air and other airlines using that airport – Decision finding that there is no State aid – Action for annulment – Article 263 TFEU – Admissibility – Condition that the applicant must be directly and individually concerned – Obligation to state reasons – Distortion of the evidence
Language of the case: English
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Opinion of Advocate General Szpunar delivered on 4 October 2024
ECLI:EU:C:2024:867 |
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Judgment of the Court (Ninth Chamber) of 13 February 2025
ECLI:EU:C:2025:87 |
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Case C-383/23 Criminal proceedings against ILVA (Amende pour violation du RGPD)
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 83(4) to (6) and (9) – Concept of an ‘undertaking’ – Parent company and subsidiary – Infringement of that regulation by a subsidiary – Calculation of the amount of the fine – Consideration of the total turnover of the group of which that subsidiary forms part
Request for a preliminary ruling from the Vestre Landsret
Language of the case: Danish
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Opinion of Advocate General Medina delivered on 12 September 2024
ECLI:EU:C:2024:752 |
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Judgment of the Court (Fifth Chamber) of 13 February 2025
ECLI:EU:C:2025:84 |
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Case C-393/23 Athenian Brewery and Heineken v Macedonian Thrace Brewery
Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Special jurisdiction – Article 8(1) – Multiple defendants – Claims ‘so closely connected’ that it is expedient to hear and determine them together – Article 102 TFEU – Concept of an ‘undertaking’ – Parent and subsidiary companies – Infringement committed by the subsidiary – Presumption of dominant influence exercised by the parent company – Joint and several liability – Decision of a national competition authority – Actions for compensation
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Opinion of Advocate General Kokott delivered on 26 September 2024
ECLI:EU:C:2024:798 |
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Judgment of the Court (Fifth Chamber) of 13 February 2025
ECLI:EU:C:2025:85 |
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Case C-472/23 Lexitor v A. B.
Reference for a preliminary ruling – Consumer protection – Credit agreements for consumers – Directive 2008/48/EC – Article 10(2) – Duty to provide information – Annual percentage rate of charge – Modification of charges and commissions – Article 23 – National rules on penalties – Principle of proportionality
Request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie
Language of the case: Polish
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Judgment of the Court (Tenth Chamber) of 13 February 2025
ECLI:EU:C:2025:89 |
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Case C-612/23 Verbraucherzentrale Berlin v Vodafone (Notion de durée d’engagement initiale)
Reference for a preliminary ruling – Directive 2002/22/EC (Universal Service Directive) – Electronic communications networks and services – Universal service and users’ rights – Consumer protection – Contracts concluded between a consumer and an undertaking providing electronic communications services – Facilitating change of provider – Article 30(5) – Initial commitment period – Concept
Request for a preliminary ruling from the Oberlandesgericht Düsseldorf
Language of the case: German
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Judgment of the Court (Fifth Chamber) of 13 February 2025
ECLI:EU:C:2025:82 |
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Case C-625/23 Società Agricola Circe v ST and AGEA
Reference for a preliminary ruling – Agriculture – Common agricultural policy – Regulation (EC) No 1782/2003 – Single payment scheme – Article 33 – Regulation (EC) No 795/2004 – Payment entitlements – Eligibility – Article 15 – Concept of ‘scission’ – Reduction of the agricultural area after the provisional allocation of payment entitlements – Relevance of that reduction for the definitive allocation of the aid
Request for a preliminary ruling from the Corte suprema di cassazione
Language of the case: Italian
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Judgment of the Court (Sixth Chamber) of 13 February 2025
ECLI:EU:C:2025:86 |
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Case C-684/23 Latvijas Sabiedriskais Autobuss v Iepirkumu uzraudzības birojs and Autotransporta direkcija
Reference for a preliminary ruling – Transport – Public passenger transport services by rail and by road – Regulation (EC) No 1370/2007 – Public passenger transport services by bus – Point (c) of the third subparagraph of Article 5(2) – Award of public service contracts – Award of a contract for the provision of public transport services by bus – Award in the form of a service concession contract – Direct award by a competent local authority to an internal operator – Article 5(3) – Competitive tendering procedure – Award of a contract for the provision of public transport services by bus by another competent authority – Participation of the internal operator – Conditions
Request for a preliminary ruling from the Administratīvā rajona tiesa
Language of the case: Latvian
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Judgment of the Court (Tenth Chamber) of 13 February 2025
ECLI:EU:C:2025:90 |
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Case C-339/22 BSH Hausgeräte v Electrolux
Reference for a preliminary ruling – Jurisdiction and the enforcement of judgments in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 4(1) – General jurisdiction – Article 24(4) – Exclusive jurisdiction – Jurisdiction in proceedings concerned with the registration or validity of patents – Infringement action – European patent validated in Member States and in a third State – Challenge to the validity of the patent raised as a defence – International jurisdiction of the court hearing the infringement action
Request for a preliminary ruling from the Svea Hovrätt
Language of the case: Swedish
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Opinion of Advocate General Emiliou delivered on 22 February 2024
ECLI:EU:C:2024:159 |
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Opinion of Advocate General Emiliou delivered on 5 September 2024
ECLI:EU:C:2024:687 |
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Judgment of the Court (Grand Chamber) of 25 February 2025
ECLI:EU:C:2025:108 |
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Joined Cases C-146/23 and C-374/23 XL and Others v Sąd Rejonowy w Białymstoku and Lietuvos Respublika
References for a preliminary ruling – Freezing or reduction of remuneration in the national public administration – Measures specifically aimed at judges – Article 2 TEU – Article 19(1), second subparagraph, TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Obligations on Member States to provide remedies sufficient to ensure effective judicial protection – Principle of judicial independence – Powers of the legislatures and executives of the Member States to set the detailed rules for determining judges’ remuneration – Possibility of derogating from those rules – Conditions
Requests for a preliminary ruling from the Sąd Rejonowy w Białymstoku and Vilniaus apygardos administracinis teismas
Languages of the case: Polish and Lithuanian
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Opinion of Advocate General Collins delivered on 13 June 2024
ECLI:EU:C:2024:507 |
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Judgment of the Court (Grand Chamber) of 25 February 2025
ECLI:EU:C:2025:109 |
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Case C-233/23 Alphabet and Others v AGCM
Reference for a preliminary ruling – Competition – Dominant position – Article 102 TFEU – Digital markets – Digital platform – Refusal of an undertaking in a dominant position which has developed a digital platform to allow access to that platform by a third-party undertaking which has developed an app, by ensuring that platform is interoperable with that app – Assessment of whether access to a digital platform is indispensable – Effects of the conduct at issue – Objective justification – Need for the undertaking in a dominant position to develop a template for a category of apps in order to allow access – Definition of the relevant downstream market
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Opinion of Advocate General Medina delivered on 5 September 2024
ECLI:EU:C:2024:694 |
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Judgment of the Court (Grand Chamber) of 25 February 2025
ECLI:EU:C:2025:110 |
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Case C-620/24 P(R) WebGroup Czech Republic v Commission
Appeal – Interim relief – Approximation of laws – Regulation (EU) 2022/2065 – Single market for digital services – Article 33(4) – Designation as a very large online platform – Article 39 – Additional online advertising transparency – Action for annulment – Weighing up of interests
Language of the case: English
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Order of the Vice-President of the Court of 25 February 2025
ECLI:EU:C:2025:136 |
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Case C-766/24 Criminal proceedings against AB
Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Questions the answer to which may be clearly deduced from the Court’s existing case-law or admits of no reasonable doubt – Convention implementing the Schengen Agreement – Article 54 – Article 50 of the Charter of Fundamental Rights of the European Union – Principle ne bis in idem – Scope – Judgment ordering the committal of a person to a facility for offenders with mental illness – Suspension subject to that person undergoing medical treatment
Request for a preliminary ruling from the Protodikeio Peiraios
Language of the case: Greek
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Order of the Court (Eighth Chamber) of 26 February 2025
ECLI:EU:C:2025:135 |
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Case C-203/22 CK v Dun & Bradstreet Austria and Magistrat der Stadt Wien
Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 15(1)(h) – Automated decision-making, including profiling – Scoring – Assessment of the creditworthiness of a natural person – Access to meaningful information about the logic involved in profiling – Verification of the accuracy of the information provided – Directive (EU) 2016/943 – Point 1 of Article 2 – Trade secret – Personal data of third parties
Request for a preliminary ruling from the Verwaltungsgericht Wien
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 12 September 2024
ECLI:EU:C:2024:745 |
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Judgment of the Court (First Chamber) of 27 February 2025
ECLI:EU:C:2025:117 |
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Case C-18/23 F v Dyrektor Krajowej Informacji Skarbowej (Mode de gestion d’un OPC)
Reference for a preliminary ruling – Article 63(1) TFEU – Free movement of capital – Undertakings for collective investment in transferable securities – Corporation tax – Exemption from corporation tax for income received by such an undertaking – Conditions for exemption – External management of that undertaking – Directive 2009/65/EC – Article 29(1) – Applicability
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny w Gliwicach
Language of the case: Polish
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Opinion of Advocate General Kokott delivered on 11 July 2024
ECLI:EU:C:2024:609 |
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Judgment of the Court (First Chamber) of 27 February 2025
ECLI:EU:C:2025:119 |
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Case C-454/23 K.A.M. v Cyprus
Reference for a preliminary ruling – Area of freedom, security and justice – Asylum policy – International protection – Directive 2011/95/EU – Refugee status – Article 14(4)(a) and (5) – Revocation or refusal to grant refugee status in the event of danger to the security of the host Member State – Conduct and acts prior to the entry of the applicant into the territory of the host Member State – Admissibility – Validity – Article 18 of the Charter of Fundamental Rights of the European Union – Article 78(1) TFEU – Convention relating to the Status of Refugees (‘Geneva Convention’)
Request for a preliminary ruling from the Dioikitiko Dikastirio Diethnous Prostasias
Language of the case: Greek
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Judgment of the Court (Fifth Chamber) of 27 February 2025
ECLI:EU:C:2025:114 |
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Case C-517/23 Apothekerkammer Nordrhein v DocMorris
Reference for a preliminary ruling – Medicinal products for human use – Directive 2001/83/EC – Article 86(1) – Concept of ‘advertising of medicinal products’ – Article 87(3) – Advertising of prescription-only medicinal products – Advertising of a pharmacy’s entire range of medicinal products – Vouchers corresponding to a certain sum of money or a percentage reduction for the subsequent purchase of other products – Price reductions and payments with immediate effect – Free movement of goods – Article 34 TFEU – Freedom to provide services – Electronic commerce – Directive 2000/31/EC – Article 3(2) and (4)(a) – Restriction – Justification – Consumer protection
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Opinion of Advocate General Szpunar delivered on 24 October 2024
ECLI:EU:C:2024:925 |
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Judgment of the Court (Fifth Chamber) of 27 February 2025
ECLI:EU:C:2025:122 |
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Case C-537/23 SIL v Agora
Reference for a preliminary ruling – Judicial cooperation in civil and commercial matters – Regulation (EU) No 1215/2012 – Article 25(1) – Agreement conferring jurisdiction – Assessment of the validity of the agreement – Imprecise and asymmetric nature – Applicable law – Concept of ‘null and void as to its substantive validity’
Request for a preliminary ruling from the Cour de cassation
Language of the case: French
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Judgment of the Court (First Chamber) of 27 February 2025
ECLI:EU:C:2025:120 |
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Case C-562/23 T - 2 družba za ustvarjanje, razvoj in trženje elektronskih komunikacij in opreme v Agencija za komunikacijska omrežja in storitve Republike Slovenije
Reference for a preliminary ruling – Authorisation of electronic communications networks and services – Harmonised radio spectrum – Individual rights of use for a limited period – Extension of those rights – Directive 2002/20/EC – Article 5(2) – Directive 2002/20, as amended by Directive 2009/140/EC – Article 5(2) – European Electronic Communications Code – Directive (EU) 2018/1972 – Article 49(1) and (2) – Temporal applicability
Request for a preliminary ruling from the Upravno sodišče Republike Slovenije
Language of the case: Slovene
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Judgment of the Court (Sixth Chamber) of 27 February 2025
ECLI:EU:C:2025:126 |
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Case C-638/23 Amt der Tiroler Landesregierung v Datenschutzbehörde and Others
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 4(7) – Concept of ‘controller’ – Direct designation of the controller by national law – Auxiliary administrative entity in the service of a regional government – Lack of legal personality – Lack of legal capacity of the entity’s own – Determination of the purposes and means of the processing
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Judgment of the Court (Eighth Chamber) of 27 February 2025
ECLI:EU:C:2025:127 |
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Case C-674/23 AEON NEPREMIČNINE and Others v Državni zbor Republike Slovenije
Reference for a preliminary ruling – Freedom of establishment – Services in the internal market – Directive 2006/123/EC – Article 15(2) and (3) – Fixed maximum tariffs – Provider of property intermediation services – National legislation laying down a maximum limit on the commission charged for intermediation services relating to the sale or rental of immovable property by a natural person – Proportionality – Articles 16 and 38 of the Charter of Fundamental Rights of the European Union – Freedom to conduct a business – Consumer protection
Request for a preliminary ruling from the Ustavno sodišče Republike Slovenije
Language of the case: Slovene
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Judgment of the Court (Third Chamber) of 27 February 2025
ECLI:EU:C:2025:113 |
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Case C-753/23 A. N. v Ministerstvo vnitra
Reference for a preliminary ruling – Area of freedom, security and justice – Temporary protection in the event of a mass influx of displaced persons – Directive 2001/55/EC – Articles 8 and 11 – Implementing Decision (EU) 2022/382 – Successive applications for a residence permit for the purposes of temporary protection in several Member States – Examination of the subsequent application – Right to an effective remedy
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
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Judgment of the Court (Tenth Chamber) of 27 February 2025
ECLI:EU:C:2025:133 |
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Case C-16/24 Criminal proceedings against YR and Others
Reference for a preliminary ruling – Second subparagraph of Article 19(1) TEU – Effective judicial protection – National rules on how cases are allocated among the judges of a given court – Allocation of cases by the head of court management – Power of the judge assigned to verify the lawfulness of the allocation
Request for a preliminary ruling from the Sofiyski gradski sad
Language of the case: Bulgarian
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Judgment of the Court (Eighth Chamber) of 27 February 2025
ECLI:EU:C:2025:116 |
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Case C-85/24 Verein für Konsumenteninformation v BAWAG P.S.K.
Reference for a preliminary ruling – Consumer protection – Credit agreements for consumers relating to residential immovable property – Directive 2014/17/EU – Article 13(1)(g) – General information on home loan products – Obligation to provide a ‘representative example’ – Directive 2005/29/EC – Article 7 – Banking institution offering different variants of loans – Information sheet including only examples of variable rate credit agreements
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Judgment of the Court (First Chamber) of 27 February 2025
ECLI:EU:C:2025:112 |
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Case C-220/24 Aeroportul Internaţional „Avram Iancu” Cluj v Consiliul Concurenţei
Reference for a preliminary ruling – Air transport – Directive 96/67/EC – Access to the groundhandling market at EU airports – Article 1 – Scope – Airports whose annual traffic is less than two million passenger movements – Refusal of access to airport infrastructure at such an airport – Article 6 – Groundhandling for third parties – Applicability of the competition rules – Article 102 TFEU
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
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Judgment of the Court (Ninth Chamber) of 27 February 2025
ECLI:EU:C:2025:124 |
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Case C-277/24 M. B. v Dyrektor Izby Administracji Skarbowej we Wrocławiu
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 273 – Measures to ensure the correct collection of VAT – VAT debt of a taxable person – National legislation which provides for the joint and several liability of the former chairperson of the management board of the taxable person – Participation of the former chairperson of the management board in the proceedings establishing the existence of a VAT debt – Proceedings to invoke joint and several liability – Calling into question of the VAT debt – Rights of the defence – Proportionality
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu
Language of the case: Polish
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Judgment of the Court (Ninth Chamber) of 27 February 2025
ECLI:EU:C:2025:130 |
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Information (on unpublished decisions)
Case C-11/24 P D’Agostino v ECB
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Order of the Court (Ninth Chamber) of 4 February 2025 ECLI:EU:C:2025:54 |
Case C-308/24 P Dakem v Commission
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Public health – Implementing Decision (EU) 2023/686 – Refusal to grant a Union authorisation for a single biocidal product (insecticide) – Notification to the addressee – Third subparagraph of Article 297(2) TFEU – Period for lodging an appeal – Sixth paragraph of Article 263 TFEU – Starting point of that period – Appeal manifestly inadmissible
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Order of the Court (Eighth Chamber) of 5 February 2025 ECLI:EU:C:2025:55 |
Case C-7/24 Deutsche Rentenversicherung Nord and BG Verkehr v Gjensidige Forsikring
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Order of the Court (Ninth Chamber) of 6 February 2025 ECLI:EU:C:2025:72 |
Case C-281/24 Commission v Slovakia (Risques d’inondation)
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Judgment of the Court (Seventh Chamber) of 6 February 2025 ECLI:EU:C:2025:57 |
Case C-450/24 Criminal proceedings against MB
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Order of the Court (Ninth Chamber) of 10 February 2025 ECLI:EU:C:2025:75 |
Case C-607/24 P W.B. Studio v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 11 February 2025 ECLI:EU:C:2025:78 |
Case C-608/24 P W.B. Studio v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 11 February 2025 ECLI:EU:C:2025:77 |
Case C-784/22 Solvay Sodi v Zamestnik-predsedatel na Darzhavna agentsia „Darzhaven rezerv i voennovremenni zapasi“
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Order of the Court (Seventh Chamber) of 12 February 2025 ECLI:EU:C:2025:102 |
Case C-262/24 Pegazus Busz Fuvarozó v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
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Order of the Court (Sixth Chamber) of 12 February 2025 ECLI:EU:C:2025:107 |
Case C-614/24 P RS v EIB
Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Civil service – Staff member of the European Investment Bank (EIB) – Non-conversion of a fixed-term contract into a contract of indefinite duration – Legitimate expectations – Action for annulment and for damages
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Order of the Court (Eighth Chamber) of 13 February 2025 ECLI:EU:C:2025:103 |
Case C-270/24 Granulines Invest v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
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Order of the Court (Sixth Chamber) of 14 February 2025 ECLI:EU:C:2025:106 |
Joined Cases C-804/23 P and C-805/23 P Nutmark and Piamark v Commission
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Order of the Court (Seventh Chamber) of 25 February 2025 ECLI:EU:C:2025:111 |
Case C-748/22 E.B. v Presidenza del Consiglio dei Ministri and Others (Rétribution des magistrats honoraires II)
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Order of the Court (Ninth Chamber) of 26 February 2025 ECLI:EU:C:2025:138 |
Case C-353/23 P Nouryon Performance Formulations v Commission
Appeal – Regulation (EC) No 1907/2006 (REACH Regulation) – Evaluation of registration dossiers – Request for further studies for the purposes of the evaluation of the registration dossier for dimethyl ether – Decision addressed to the registrant and contested by it before the General Court of the European Union – Subsequent replacement of the registrant at the European Chemicals Agency (ECHA) – Appeal brought by the new registrant – Article 56 of the Statute of the Court of Justice of the European Union – Appeal brought by an entity which was not a party to the proceedings before the General Court – Inadmissibility
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Judgment of the Court (Tenth Chamber) of 27 February 2025 ECLI:EU:C:2025:115 |
Case C-32/24 P OA v Parliament
Appeal – Civil service – Staff Regulations of Officials – EU pension scheme – Article 77, third subparagraph – Scope of application – Accredited parliamentary assistant who has spent his entire professional career in the European Parliament – Interpretation consistent with the principles of equal treatment and non-discrimination – Principle of the protection of legitimate expectations
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Judgment of the Court (Eighth Chamber) of 27 February 2025 ECLI:EU:C:2025:118 |
Case C-128/24 Commission v Greece (Plans issus de la planification de l’espace maritime)
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Judgment of the Court (Ninth Chamber) of 27 February 2025 ECLI:EU:C:2025:121 |
Case C-223/24 P Lukoil v Registre de transparence and Others
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Judgment of the Court (Ninth Chamber) of 27 February 2025 ECLI:EU:C:2025:129 |
March 2025
Joined Cases C-647/21 and C-648/21 D. K. and Others v Prokuratura Rejonowa w Bytowie and Prokuratura Okręgowa w Łomży (Dessaisissement d’un juge)
Reference for a preliminary ruling – Rule of law – Second subparagraph of Article 19(1) TEU – Principle of the irremovability of judges and judicial independence – Resolution of the college of a court withdrawing all cases from a judge – Lack of objective criteria for taking a withdrawal decision – Lack of obligation to state reasons for such a decision – Primacy of EU law – Obligation to disapply such a decision to withdraw cases
Requests for a preliminary ruling from the Sąd Okręgowy w Słupsku
Language of the case: Polish
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Opinion of Advocate General Collins delivered on 11 April 2024
ECLI:EU:C:2024:308 |
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Judgment of the Court (Fifth Chamber) of 6 March 2025
ECLI:EU:C:2025:143 |
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Case C-48/23 Alajärven Sähkö Oy e.a. and Elenia Verkko v Energiavirasto
Reference for a preliminary ruling – Internal market for electricity – Directive (EU) 2019/944 – Article 57(4) and (5) – Independence of national regulatory authority in the exercise of its duties and powers – Policy guidelines issued by a Member State – Legislative amendment aimed at reducing electricity distribution prices – Decision concerning methods for monitoring electricity system operation charges taken by the regulatory authority concerned following that amendment – Account taken of the travaux préparatoires relating to the law that introduced that amendment
Request for a preliminary ruling from the Markkinaoikeus
Language of the case: Finnish
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Opinion of Advocate General Rantos delivered on 5 September 2024
ECLI:EU:C:2024:695 |
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Judgment of the Court (Fifth Chamber) of 6 March 2025
ECLI:EU:C:2025:144 |
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Case C-149/23 Commission v Germany (Directive lanceurs d’alerte)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Protection of persons who report breaches of Union law – Directive (EU) 2019/1937 – Article 26(1) and (3) – Failure to transpose and communicate transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum – Criteria for establishing the amount of the penalty – Automatic application of a coefficient for seriousness
Language of the case: German
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Judgment of the Court (Sixth Chamber) of 6 March 2025
ECLI:EU:C:2025:145 |
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Case C-150/23 Commission v Luxembourg (Directive lanceurs d’alerte)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Protection of persons who report breaches of Union law – Directive (EU) 2019/1937 – Article 26(1) and (3) – Failure to transpose and communicate transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum – Criteria for establishing the amount of the penalty – Automatic application of a coefficient for seriousness
Language of the case: French
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Judgment of the Court (Sixth Chamber) of 6 March 2025
ECLI:EU:C:2025:146 |
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Case C-152/23 Commission v Czech Republic (Directive lanceurs d’alerte)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Protection of persons who report breaches of Union law – Directive (EU) 2019/1937 – Article 26(1) and (3) – Failure to transpose and communicate transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum – Criteria for establishing the amount of the penalty – Automatic application of a coefficient for seriousness
Language of the case: Czech
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Judgment of the Court (Sixth Chamber) of 6 March 2025
ECLI:EU:C:2025:147 |
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Case C-154/23 Commission v Estonia (Directive lanceurs d’alerte)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Protection of persons who report breaches of Union law – Directive (EU) 2019/1937 – Article 26(1) and (3) – Failure to transpose and communicate transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum and a daily penalty payment – Criteria for establishing the amount of the penalties – Automatic application of a coefficient for seriousness
Language of the case: Estonian
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Judgment of the Court (Sixth Chamber) of 6 March 2025
ECLI:EU:C:2025:148 |
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Case C-155/23 Commission v Hungary (Directive lanceurs d’alerte)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Protection of persons who report breaches of Union law – Directive (EU) 2019/1937 – Article 26(1) and (3) – Failure to transpose and communicate transposition measures – Article 260(3) TFEU – Application for the imposition of a lump sum – Criteria for establishing the amount of the penalty – Automatic application of a coefficient for seriousness
Language of the case: Hungarian
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Judgment of the Court (Sixth Chamber) of 6 March 2025
ECLI:EU:C:2025:151 |
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Case C-315/23 Commission v Croatia (Décharge de Biljane Donje II)
Failure of a Member State to fulfil obligations – Article 260(2) TFEU – Waste treatment – Directive 2008/98/EC – Stone aggregate deposited in the Biljane Donje (Croatia) landfill site – Article 5(1) – Concept of ‘by-product’ – Article 13 – Obligation of Member States to ensure the protection of human health and of the environment – Article 15(1) – Obligation to have waste treated by the holder or by other designated persons – Judgment of the Court establishing a failure to fulfil obligations – Failure to comply – Financial penalties – Lump sum payment – Penalty payment
Language of the case: Croatian
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Judgment of the Court (Seventh Chamber) of 6 March 2025
ECLI:EU:C:2025:154 |
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Case C-395/23 :
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) 2019/1111 – Scope – Article 1(1)(b) and (2)(e) – Measure relating to the disposal of the property of a child – Article 7 – Jurisdiction in matters of parental responsibility – Article 10 – Choice of court – Regulation (EU) No 1215/2012 – Scope – Article 1(2)(a) – Exclusion concerning the status or legal capacity of natural persons – Rules on jurisdiction laid down in a bilateral agreement between the Republic of Bulgaria and the Russian Federation concluded before the accession of the Republic of Bulgaria to the European Union – Difference between those rules and the rules laid down in Regulation 2019/1111 – Article 351 TFEU – Concept of ‘incompatibility’
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
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Opinion of Advocate General Richard de la Tour delivered on 28 November 2024
ECLI:EU:C:2024:990 |
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Judgment of the Court (Fourth Chamber) of 6 March 2025
ECLI:EU:C:2025:142 |
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Joined Cases C-471/23 and C-477/23 Obshtina Veliko Tarnovo and Obshtina Belovo v Rakovoditel na Upravlyavashtia organ na Operativna programa „Regioni v rastezh“ 2014-2020 and Rakovoditel na Upravlyavashtia organ na Operativna programa „Оkolna sreda“ 2014 – 2020
Reference for a preliminary ruling – Economic, social and territorial cohesion – Own resources of the European Union – Protection of the European Union’s financial interests – Regulation (EU) No 1303/2013 – Article 2(10) – Concept of ‘beneficiary’ – Financial correction for breach of national public procurement legislation – Addressee of a financial correction decision – Determination of liability for that correction and contractual apportionment of that liability between the recipient of State aid and the manager of that aid – Participation in administrative and judicial proceedings relating to that decision – Articles 41 and 47 of the Charter of Fundamental Rights of the European Union
Requests for a preliminary ruling from the Varhoven administrativen sad
Language of the case: Bulgarian
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Judgment of the Court (Eighth Chamber) of 6 March 2025
ECLI:EU:C:2025:155 |
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Case C-575/23 FT and Others v Belgian State
Reference for a preliminary ruling – Approximation of laws – Intellectual property – Copyright and related rights – Performers engaged under an administrative law statute – Assignment of related rights by means of a regulatory act – Directive 2001/29/EC – Article 2(b) and Article 3(2) – Rights of reproduction and of making available to the public – Directive 2006/115/EC – Articles 7 to 9 – Rights of fixation, broadcasting, communication to the public and distribution – Directive (EU) 2019/790 – Articles 18 to 23 – Fair remuneration in exploitation contracts – Article 26 – Application in time – Concepts of ‘acts concluded’ and ‘rights acquired’
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Szpunar delivered on 24 October 2024
ECLI:EU:C:2024:923 |
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Judgment of the Court (First Chamber) of 6 March 2025
ECLI:EU:C:2025:141 |
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Case C-620/23 NOV ZHIVOT 1919 v Rakovoditel na Upravlyavashtia organ na programata za transgranichno satrudnichestvo INTERREG-IPP
Reference for a preliminary ruling – Own resources of the European Union – Protection of the European Union’s financial interests – Regulation (EU) No 1299/2013 – Specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal – Article 27 – Recovery from the lead beneficiary of amounts paid as a result of an irregularity – Implementing regulation (EU) No 447/2014 – Instrument for Pre-accession Assistance (IPA II) – Specific implementing rules – Articles 40 and 46 – Financial correction in the event of irregularity – Financial correction decision addressed to a beneficiary other than the lead beneficiary – Right of the lead beneficiary to participate in administrative and judicial proceedings relating to that decision – Articles 41 and 47 of the Charter of Fundamental Rights of the European Union
Request for a preliminary ruling from the Administrativen sad Sofia-oblast
Language of the case: Bulgarian
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Judgment of the Court (Eighth Chamber) of 6 March 2025
ECLI:EU:C:2025:160 |
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Case C-20/24 M1.R. and M2.R. v AAA
Reference for a preliminary ruling – Air transport – Regulation (EC) No 261/2004 – Article 2(g) – Article 3(2) and (3) – Right to compensation in the event of a long delay to a flight – Scope – Passengers having a boarding pass – Proof of a reservation confirmed by the air carrier – Passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public – Flight part of a package tour financed by a third party – Burden of providing payment
Request for a preliminary ruling from the Sąd Rejonowy dla m.st. Warszawy w Warszawie
Language of the case: Polish
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Judgment of the Court (Seventh Chamber) of 6 March 2025
ECLI:EU:C:2025:139 |
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Case C-41/24 Waltham Abbey Residents Association v An Bord Pleanála and Others
Reference for a preliminary ruling – Environment – Directive 2011/92/EU – Assessment of the effects of certain public and private projects on the environment – Article 2(1) and Article 4(2) – Projects covered by Annex II – Urban development projects – Article 4(4) and (5) – Obligations of the developer and the competent authority when the Member State concerned decides to require the determination provided for in those paragraphs 4 and 5 for those projects – Account taken of observations submitted by a third party, indicating a potential impact of the project concerned on an animal species covered by the strict protection provided for in Article 12 of Directive 92/43/EEC
Request for a preliminary ruling from the High Court (Irlande)
Language of the case: English
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Judgment of the Court (Tenth Chamber) of 6 March 2025
ECLI:EU:C:2025:140 |
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Case C-266/22 CRRC Qingdao Sifang and Astra Vagoane Călători v Autoritatea pentru Reformă Feroviară and Alstom Ferroviaria
Reference for a preliminary ruling – Public procurement in the European Union – Directive 2014/24/EU – Article 25 – Economic operators of a third country which has not concluded an international agreement with the European Union which guarantees access to public procurement in a reciprocal and equal manner – No right for those economic operators to ‘no less favourable treatment’ – Exclusion of such an economic operator from a public procurement procedure, pursuant to national legislation – Exclusive competence of the European Union
Request for a preliminary ruling from the Curtea de Apel Bucureşti
Language of the case: Romanian
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Opinion of Advocate General Rantos delivered on 11 May 2023
ECLI:EU:C:2023:399 |
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Judgment of the Court (Fourth Chamber) of 13 March 2025
ECLI:EU:C:2025:178 |
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Case C-44/23 P PKK v Council
Appeal – Common foreign and security policy – Combating terrorism – Restrictive measures taken against certain persons and entities – Freezing of funds – Common Position 2001/931/CFSP – Article 1(3), (4) and (6) – Regulation (EC) No 2580/2001 – Article 2(3) – Maintenance of an organisation on the list of persons, groups and entities involved in terrorist acts – Applicability to situations of armed conflict – Terrorist group – Nature of, and underlying reasons for, the acts carried out – Distance in time – Ongoing risk of involvement in terrorist activities – Proportionality – Obligation to state reasons
Language of the case: English
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Judgment of the Court (Seventh Chamber) of 13 March 2025
ECLI:EU:C:2025:181 |
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Case C-72/23 P PKK v Council
Appeal – Common foreign and security policy – Combating terrorism – Restrictive measures taken against certain persons and entities – Freezing of funds – Common Position 2001/931/CFSP – Article 1(3), (4) and (6) – Regulation (EC) No 2580/2001 – Article 2(3) – Maintenance of an organisation on the list of persons, groups and entities involved in terrorist acts – Applicability to situations of armed conflict – Terrorist group – Nature of, and underlying reasons for, the acts carried out – Distance in time – Ongoing risk of involvement in terrorist activities – Proportionality – Obligation to state reasons
Language of the case: English
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Judgment of the Court (Seventh Chamber) of 13 March 2025
ECLI:EU:C:2025:182 |
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Case C-137/23 X v Staatssecretaris van Financiën
Reference for a preliminary ruling – Taxation – Excise duties – Directive 2003/96/EC – Taxation of energy products and electricity – Exemption of energy products used as fuel – Article 14(1)(c) – Navigation within EU waters – Article 15(1)(f) – Navigation on inland waterways – Directive 95/60/EC – Fiscal marking of gas oils and kerosene – Gas oil, to which fiscal marking has not been applied in accordance with EU law, intended for use for the propulsion of a vessel – Refusal to apply the exemption from payment of excise duty – Principle of proportionality
Request for a preliminary ruling from the Hoge Raad der Nederlanden
Language of the case: Dutch
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Opinion of Advocate General Rantos delivered on 5 September 2024
ECLI:EU:C:2024:697 |
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Judgment of the Court (Fifth Chamber) of 13 March 2025
ECLI:EU:C:2025:179 |
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Case C-247/23 VP v Országos Idegenrendészeti Főigazgatóság
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 5(1)(d) – Principle of accuracy – Article 16 – Right to rectification – Article 23 – Restrictions – Data relating to gender identity – Data incorrect from the time of inclusion in a public register – Means of proof – Administrative practice of requesting proof of gender reassignment surgery
Request for a preliminary ruling from the Fővárosi Törvényszék
Language of the case: Hungarian
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Opinion of Advocate General Collins delivered on 12 September 2024
ECLI:EU:C:2024:747 |
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Judgment of the Court (First Chamber) of 13 March 2025
ECLI:EU:C:2025:172 |
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Case C-337/23 :
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 4(2), Article 6(1) and Article 7(1) – Point 1(i), (j) and (m) of the Annex to Directive 93/13 – Consumer credit agreements – Term requiring a consumer to conclude a contract of guarantee – Guarantor chosen by the creditor – Exclusion of terms relating to the main subject matter of the contract – Agreement which is ancillary to a credit agreement – Powers of the national court – Order for payment procedure – Directive 2005/29/EC – Unfair commercial practices – Articles 5 and 8 – Annex I – Directive 2008/48/EC – Article 3(g), (i) and (n), Article 10(2), Article 15(2) and Article 23 – Linked credit agreement – Concept – Total cost of the credit to the consumer – Annual percentage rate of charge – No indication of the relevant costs – Penalty
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
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Opinion of Advocate General Collins delivered on 12 September 2024
ECLI:EU:C:2024:753 |
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Judgment of the Court (Tenth Chamber) of 13 March 2025
ECLI:EU:C:2025:183 |
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Case C-589/23 Cassella-med and MCM Klosterfrau v Verband Sozialer Wettbewerb
Reference for a preliminary ruling – Medicinal products for human use – Directive 2001/83/EC – Article 1(2)(b) – Concept of ‘medicinal product by function’ – Concept of ‘pharmacological action’ – Binding of a substance, in a reversible manner, to bacteria to prevent them from adhering to human cells – Article 2(2) – Applicable legal framework – Classification as a ‘medical device’ or as a ‘medicinal product’ – Medical devices – Directive 93/42/EEC – Article 1(2)(a) – Concept of ‘medical device’
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Judgment of the Court (Fifth Chamber) of 13 March 2025
ECLI:EU:C:2025:173 |
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Case C-640/23 Direcţia Generală Regională a Finanţelor Publice Galaţi - Administraţia Judeţeană a Finanţelor Publice Vrancea and Direcţia Generală de Administrare a Marilor Contribuabili v Greentech
Reference for a preliminary ruling – Common system of value added tax – Directive 2006/112/EC – Right to deduct value added tax (VAT) – Sales transaction reclassified by the tax authorities as a transfer of an undertaking falling outside the scope of VAT – Failure to correct the invoice within the limitation period – Impossibility of recovering the VAT paid in respect of that transaction – Principles of effectiveness and fiscal neutrality – Reimbursement of the tax
Request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie
Language of the case: Romanian
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Judgment of the Court (Sixth Chamber) of 13 March 2025
ECLI:EU:C:2025:175 |
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Joined Cases C-746/23 and C-747/23 Cividale and Others v Ministero dello Sviluppo Economico and Others
References for a preliminary ruling – Aid granted by a Member State – Concept of ‘aid’ – National legislation providing for the grant of a measure in favour of undertakings active in the steel foundries sector in the event of the partial or total closure of their production sites – Financial contribution – Advantage
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (Third Chamber) of 13 March 2025
ECLI:EU:C:2025:171 |
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Case C-120/24 Unigames v Lošimų priežiūros tarnyba prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling – Information procedure in the field of technical standards and regulations and of rules on Information Society services – Directive (EU) 2015/1535 – Article 1(1)(e) and (f) – Concepts of ‘technical regulation’ and ‘rule on services’ – National legislation laying down a prohibition on encouraging participation in gambling, including remote gambling – Article 5(1) – Obligation to notify the European Commission – Amendment of that legislation extending the scope of the prohibition on encouraging gambling – No notification – Consequences
Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas
Language of the case: Lithuanian
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Judgment of the Court (Fifth Chamber) of 13 March 2025
ECLI:EU:C:2025:174 |
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Case C-135/24 John Cockerill v Belgian State
Reference for a preliminary ruling – Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States – Directive 2011/96/EU – Article 1(4) – Prevention of tax evasion, tax fraud or abuse – Article 4(1) – Prohibition on taxing profits received – Direct effect – Inclusion of the dividend distributed by the subsidiary in the parent company’s tax base – Deduction of the distributed dividend from the tax base of the parent company – Limitation of the deduction – Intra-group transfer scheme allowing profits made by certain companies to be transferred to others
Request for a preliminary ruling from the Tribunal de première instance de Liège
Language of the case: French
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Judgment of the Court (Sixth Chamber) of 13 March 2025
ECLI:EU:C:2025:176 |
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Case C-230/24 MF v Banco Santander
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Unfair terms in consumer contracts – Article 6(1) and Article 7(1) – Principle of equivalence – Mortgage loan agreements – Term stipulating that costs relating to the contract are to be paid by the consumer – Action for invalidity – Limitation period for an action seeking repayment of sums paid but not due – Actions seeking, respectively, a declaration that a contractual term is invalid and seeking to enforce the restitutory effects of such a declaration subject to different limitation periods
Request for a preliminary ruling from the Juzgado de Primera Instancia de La Coruña
Language of the case: Spanish
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Judgment of the Court (Ninth Chamber) of 13 March 2025
ECLI:EU:C:2025:177 |
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Case C-271/24 P Shuvalov v Council
Appeal – Restrictive measures taken in view of the situation in Ukraine – Freezing of funds and economic resources – Inclusion of the appellant’s name – Supporting actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine, or which obstruct the work of international organisations in Ukraine
Language of the case: Spanish
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Judgment of the Court (Tenth Chamber) of 13 March 2025
ECLI:EU:C:2025:180 |
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Joined Cases C-728/22 to C-730/22 Anib and Others v Ministero dell'Economia e delle Finanze and Agenzia delle Dogane e dei Monopoli
References for a preliminary ruling – Directive 2014/23/EU – Concessions for the activity of managing games and collecting bets – Article 43 – Modification of a concession during its performance – National legislation providing for the payment by concessionaires of a monthly fee payable in respect of the extension of the duration of the validity of the concessions – Compatibility – Article 5 – Obligation on Member States to confer on the contracting authority the power to initiate, at the request of a concessionaire, a procedure to modify the operating conditions of a concession, where unforeseeable events not attributable to the parties have a significant impact on the operating risk of the concession – None
Requests for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Opinion of Advocate General Medina delivered on 4 July 2024
ECLI:EU:C:2024:582 |
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Judgment of the Court (Fifth Chamber) of 20 March 2025
ECLI:EU:C:2025:200 |
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Case C-763/22 Criminal proceedings against OP (Concours d’un mandat d’arrêt européen et d’une demande d’extradition)
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – European arrest warrant – Framework Decision 2002/584/JHA – Conflict between a European arrest warrant and an extradition request presented by a third State – Article 16(3) – Concept of ‘competent authority’ – National legislation conferring power on a body of the executive to rule on whether the European arrest warrant or the extradition request takes precedence, in the event of a conflict – Right to a remedy
Request for a preliminary ruling from the Tribunal judiciaire de Marseille
Language of the case: French
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Opinion of Advocate General Emiliou delivered on 5 September 2024
ECLI:EU:C:2024:707 |
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Judgment of the Court (Third Chamber) of 20 March 2025
ECLI:EU:C:2025:199 |
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Case C-365/23 A v C and Others
Reference for a preliminary ruling – Consumer protection – Directive 93/13/EEC – Scope – Article 2(b) – Article 3(1) – Article 4(2) – Article 5 – Article 6(1) – Article 8a – Pre-formulated standard contract – Contract between a supplier providing services for development and career support for sportspersons and a ‘rising star’ sportsman of minor age represented by his parents – Term establishing the obligation to pay to that supplier remuneration equal to 10% of the income received by that sportsman over the following 15 years – Charter of Fundamental Rights of the European Union – Articles 17 and 24 – Right to property – Rights of the child
Request for a preliminary ruling from the Augstākā tiesa (Senāts)
Language of the case: Latvian
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Opinion of Advocate General Rantos delivered on 4 October 2024
ECLI:EU:C:2024:865 |
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Judgment of the Court (Fifth Chamber) of 20 March 2025
ECLI:EU:C:2025:192 |
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Case C-480/23 Commission v Bulgaria (Directive promotion de véhicules de transport routier propres et économes en énergie)
Failure of a Member State to fulfil obligations – Article 258 TFEU – Promotion of clean and energy-efficient road transport vehicles – Directive (EU) 2019/1161 – Failure to transpose and to notify the transposition measures – Article 260(3) TFEU – Application for an order to pay a lump sum
Language of the case: Bulgarian
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Judgment of the Court (Seventh Chamber) of 20 March 2025
ECLI:EU:C:2025:194 |
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Case C-809/23 Sumitomo Chemical Agro Europe v ANSES and CERA
Reference for a preliminary ruling – Biocidal products – Directive 98/8/EC – Regulation (EU) No 528/2012 – Applicability ratione temporis – Transitional rules – Access to information – Articles 66 and 67 – Request for access to a report on the technical equivalence of active substances in biocidal products drawn up by the competent authority of a Member State – Protection of commercial interests – Directive 2003/4/EC – Applicability ratione materiae – Article 4(2) – Concept of ‘information on emissions into the environment’
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Campos Sánchez-Bordona delivered on 19 September 2024
ECLI:EU:C:2024:772 |
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Judgment of the Court (Seventh Chamber) of 20 March 2025
ECLI:EU:C:2025:195 |
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Case C-61/24 DL v PQ
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Enhanced cooperation in the area of the law applicable to divorce and legal separation – Regulation (EU) No 1259/2010 – Article 8(a) and (b) – Concept of ‘habitual residence’ of the spouses – Status of diplomatic agent of one of the spouses – Vienna Convention on Diplomatic Relations
Request for a preliminary ruling from the Bundesgerichtshof
Language of the case: German
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Judgment of the Court (Third Chamber) of 20 March 2025
ECLI:EU:C:2025:197 |
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Case C-116/24 Porcellino Grasso v Ministerul Agriculturii şi Dezvoltării Rurale and Others
Reference for a preliminary ruling – Common agricultural policy – European Agricultural Fund for Rural Development (EAFRD) funding – National Rural Development Programme 2007-2013 – Rural development measure – Animal welfare payments – Calculation errors – Reduction of those payments by national authorities without waiting for a definitive decision by the European Commission – Impact of the expiry of the prescribed deadline for amending that programme, and Commission decisions approving or amending that programme – No contradiction between a judgment of the Court of Justice and a judgment of the General Court of the European Union – Liability of the Member State concerned for infringement of EU law
Request for a preliminary ruling from the Curtea de Apel Piteşti
Language of the case: Romanian
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Judgment of the Court (Sixth Chamber) of 20 March 2025
ECLI:EU:C:2025:198 |
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Case C-217/23 Bundesamt für Fremdenwesen und Asyl v A N
Reference for a preliminary ruling – Area of freedom, security and justice – Common asylum policy – Directive 2011/95/EU – Conditions that must be fulfilled by third-country nationals in order to be eligible for refugee status – Article 2(d) – Reasons for persecution – Article 10(1)(d) – Concept of ‘membership of a particular social group’ – Condition relating to the perception of the group as being different by the surrounding society in the country of origin – Qualification for subsidiary protection – Article 2(f) – Concept of ‘serious harm’ – Article 15(a) and (b) – Persons who are part of the same family and are targeted by a blood feud because of their family relationship
Request for a preliminary ruling from the Verwaltungsgerichtshof
Language of the case: German
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Opinion of Advocate General Richard de la Tour delivered on 5 September 2024
ECLI:EU:C:2024:709 |
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Judgment of the Court (Third Chamber) of 27 March 2025
ECLI:EU:C:2025:218 |
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Case C-515/23 Commission v Italy (Traitement des eaux urbaines résiduaires)
Failure of a Member State to fulfil obligations – Urban waste-water treatment – Directive 91/271/EEC – Articles 4, 5 and 10 – Pollution of sensitive areas – Urban waste-water treatment plants – Judgment of the Court establishing a failure to fulfil obligations – Non-implementation – Article 260(2) TFEU – Financial penalties – Periodic penalty payment – Lump sum
Language of the case: Italian
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Judgment of the Court (Sixth Chamber) of 27 March 2025
ECLI:EU:C:2025:209 |
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Case C-57/24 Proceedings brought by BA
Reference for a preliminary ruling – Judicial cooperation in civil matters – Measures relating to the law on succession – Regulation (EU) No 650/2012 – Article 13 – Jurisdiction of the court of the place of the habitual residence of the heir – Late declaration of waiver of the succession of a deceased person, who habitually resided in a Member State, by an heir, who habitually resides in another Member State
Request for a preliminary ruling from the Sąd Okręgowy w Gliwicach
Language of the case: Polish
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Judgment of the Court (Ninth Chamber) of 27 March 2025
ECLI:EU:C:2025:217 |
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Case C-67/24 R. K. v K. Ch. and Others
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Jurisdiction in matters relating to maintenance obligations – Regulation (EC) No 4/2009 – Maintenance allowances set by a decision of a court of a third State – Maintenance creditors residing in that third State and holding either the nationality of that third State alone or the nationality of that third State and of a Member State – Maintenance debtor, a national of that Member State and habitually resident in that Member State – Application to modify that decision made by that maintenance debtor to a court of that Member State – Determination of the court with jurisdiction
Request for a preliminary ruling from the Sofiyski rayonen sad
Language of the case: Bulgarian
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Judgment of the Court (Eighth Chamber) of 27 March 2025
ECLI:EU:C:2025:214 |
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Case C-186/24 Metzler v Auto1 European Cars
Reference for a preliminary ruling – Judicial cooperation in civil matters – Regulation (EU) 2015/848 – Insolvency proceedings – Article 31(1) – Awareness of the insolvency proceedings – Obligations for the benefit of a debtor which should be honoured for the benefit of the insolvency practitioner – Sale of an asset (car) by the debtor after the opening of the insolvency proceedings – Honouring of an obligation to a debtor
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Judgment of the Court (Seventh Chamber) of 27 March 2025
ECLI:EU:C:2025:211 |
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Case C-351/24 C/C v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága (Preuve de l’origine d’une marchandise)
Reference for a preliminary ruling – Free movement of goods – Customs union – Union Customs Code – Article 119(3) – Error made when issuing movement certificates – Repayment or remission of import or export duties – Regional Convention on pan-Euro-Mediterranean preferential rules of origin – Appendix I – Article 32 – Administrative cooperation – Verification of proofs of origin
Request for a preliminary ruling from the Veszprémi Törvényszék
Language of the case: Hungarian
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Judgment of the Court (Eighth Chamber) of 27 March 2025
ECLI:EU:C:2025:215 |
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Information (on unpublished decisions)
Joined Cases C-586/24 and C-605/24 I.G. and D.L.
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Order of the Court (Ninth Chamber) of 3 March 2025 ECLI:EU:C:2025:206 |
Case C-163/23 Governo Italiano v UX
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Order of the Court (Ninth Chamber) of 6 March 2025 ECLI:EU:C:2025:164 |
Case C-775/24 P Dekoback v EUIPO
Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate that an issue is significant with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed
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Order of the Court of 6 March 2025 ECLI:EU:C:2025:169 |
Case C-285/24 Coopservice v Consip
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Order of the Court (Seventh Chamber) of 12 March 2025 ECLI:EU:C:2025:254 |
Case C-587/23 P Hungary v Commission (Double financement pour les surfaces boisées)
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Judgment of the Court (Eighth Chamber) of 20 March 2025 ECLI:EU:C:2025:196 |
Case C-141/24 TJ v Direction régionale des finances publiques
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Order of the Court (Sixth Chamber) of 20 March 2025 ECLI:EU:C:2025:208 |
Case C-720/24 P(R) Nuctech Warsaw Company Limited and InsTech Netherlands v Commission
Appeal – Interim relief – Foreign subsidies – Inspections within the European Union – Regulation (EU) 2022/2560 – Accessibility of data requested by the European Commission – Application for suspension of operation of a measure – Urgency
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Order of the Vice-President of the Court of 21 March 2025 ECLI:EU:C:2025:205 |
Case C-443/24 Blanca v Cajasur Banco
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Order of the Court (Sixth Chamber) of 24 March 2025 ECLI:EU:C:2025:253 |
Case C-700/24 P QI v Commission
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Order of the Court (Seventh Chamber) of 26 March 2025 ECLI:EU:C:2025:227 |
Case C-91/23 P XH v Commission
Appeal – Civil service – Official – Refusal to amend the official’s personal file – Decision not to include the official’s name on the list of persons promoted in 2020 – Action for annulment and for damages – Time limits for bringing proceedings – Starting point – Application for legal aid – Suspension of time limits – Article 148(9) of the Rules of Procedure of the General Court – Order of the General Court refusing the applicant that aid – Service by registered post, with a form for acknowledgement of receipt, to the address mentioned in the application for legal aid – Unforeseeable circumstances or force majeure – Excusable error
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Judgment of the Court (Sixth Chamber) of 27 March 2025 ECLI:EU:C:2025:219 |
April 2025
Case C-431/23 AE and Others v BA and Others
Reference for a preliminary ruling – Social policy – Transfers of undertakings – Safeguarding of employees’ rights – Directive 2001/23/EC – Article 5(1) – Concept of ‘bankruptcy proceedings’ – Transfer of an undertaking occurring following a declaration of insolvency after that transfer had been prepared in the context of judicial restructuring proceedings
Request for a preliminary ruling from the Tribunal du travail de Liège
Language of the case: French
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Opinion of Advocate General Rantos delivered on 24 October 2024
ECLI:EU:C:2024:922 |
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Judgment of the Court (Third Chamber) of 3 April 2025
ECLI:EU:C:2025:232 |
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Case C-462/23 Commission v Bulgaria (Eaux minérales)
Failure of a Member State to fulfil obligations – Consumer protection – Directive 2009/54/EC – Article 8(2) – Prohibition on marketing natural mineral water from one and the same spring under more than one trade description – Article 7(2)(b) – Article 9(4)(c) – Labelling requirements – Mandatory information – Name of the spring – Incorrect transposition
Language of the case: Bulgarian
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Judgment of the Court (Sixth Chamber) of 3 April 2025
ECLI:EU:C:2025:242 |
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Case C-686/23 P CEVA v Commission
Appeal – Specific programme for research and technological development in the field of research into living resources – SEAPURA project – Grant agreement – Audit report by the European Anti-Fraud Office (OLAF) – Discovery of fraud or financial irregularities – Claim for reimbursement of the European Union contribution – Debit note – Amount receivable by the European Union – Limitation – Contract governed by Belgian law – Opening, in France, of insolvency proceedings against the debtor – Declaration of claim by the European Commission – Regulation (EC) No 1346/2000 – Direct application – Interruption of the limitation period under Belgian law
Language of the case: French
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Judgment of the Court (Eighth Chamber) of 3 April 2025
ECLI:EU:C:2025:240 |
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Case C-701/23 Criminal proceedings against Swiftair
Reference for a preliminary ruling – Principle ne bis in idem – Convention implementing the Schengen Agreement – Article 54 – Charter of Fundamental Rights of the European Union – Article 50 – Order for provisional dismissal made in a Member State in respect of natural persons deceased and previously employed by a legal person – Criminal proceedings brought against that legal person in another Member State – Inadmissibility
Request for a preliminary ruling from the Tribunal Judiciaire de Paris
Language of the case: French
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Judgment of the Court (Sixth Chamber) of 3 April 2025
ECLI:EU:C:2025:237 |
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Case C-710/23 Mgr. L. H. v Ministerstvo zdravotnictví (Données relatives au représentant d’une personne morale)
Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 4 – Definitions – Article 6 – Lawfulness of processing – Article 86 – Public access to official documents – Data concerning the representative of a legal person – Case-law of a national court imposing an obligation to inform and consult the data subject prior to disclosure of official documents containing such data
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
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Judgment of the Court (First Chamber) of 3 April 2025
ECLI:EU:C:2025:231 |
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Case C-807/23 Plavec v Rechtsanwaltskammer Wien
Reference for a preliminary ruling – Freedom of movement for workers – Article 45 TFEU – Lawyers – Lawyer training – Territorial restrictions – National legislation requiring the completion of part of the training period of a trainee lawyer with a lawyer having his or her registered office in the national territory
Request for a preliminary ruling from the Oberster Gerichtshof
Language of the case: German
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Judgment of the Court (Third Chamber) of 3 April 2025
ECLI:EU:C:2025:234 |
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Case C-164/24 Cityland v Direktor na Direktsia „Obzhalvane i danachno-osiguritelna praktika“ – Veliko Tarnovo
Reference for a preliminary ruling – Common system of value added tax – Directive 2006/112/EC – Persistent failure to comply with tax obligations – Removal of the taxable person from the value added tax (VAT) identification register – Principle of proportionality
Request for a preliminary ruling from the Administrativen sad Veliko Tarnovo
Language of the case: Bulgarian
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Judgment of the Court (Tenth Chamber) of 3 April 2025
ECLI:EU:C:2025:241 |
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Case C-213/24 E. T. v Dyrektor Izby Administracji Skarbowej we Wrocławiu
Reference for a preliminary ruling – Common system of value added tax (VAT) – Directive 2006/112/EC – Article 9(1) – Concepts of ‘taxable person’ and ‘economic activity’ – Sale of agricultural land for residential development – Preparation for sale by an agent acting as a professional trader – Statutory joint ownership of assets between co-owning spouses
Request for a preliminary ruling from the Wojewódzki Sąd Administracyjny we Wrocławiu
Language of the case: Polish
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Judgment of the Court (Sixth Chamber) of 3 April 2025
ECLI:EU:C:2025:238 |
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Case C-228/24 Nordcurrent group v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Reference for a preliminary ruling – Taxation – Directive 2011/96/EU – Common system of taxation applicable in the case of parent companies and subsidiaries of different Member States – Exemption from corporation tax in respect of dividends paid by a non-resident subsidiary to a resident parent company – Article 1(2) and (3) – Anti-abuse provision – Classification of the subsidiary as a non-genuine arrangement – Steps of an arrangement – Tax advantage
Request for a preliminary ruling from the Mokestinių ginčų komisija prie Lietuvos Respublikos Vyriausybės
Language of the case: Lithuanian
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Judgment of the Court (Sixth Chamber) of 3 April 2025
ECLI:EU:C:2025:239 |
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Case C-283/24 B. F. v Kypriaki Dimokratia
Reference for a preliminary ruling – Asylum policy – International protection – Directive 2013/32/EU – Article 46(3) – Requirement for a full and ex nunc examination – Article 47 of the Charter of Fundamental Rights of the European Union – Right to an effective remedy – Scope of the powers of the court or tribunal of first instance – National legislation that makes no provision for a power to order a medical examination of the applicant for international protection
Request for a preliminary ruling from the Dioikitiko Dikastirio Diethnous Prostasias
Language of the case: Greek
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Judgment of the Court (Fifth Chamber) of 3 April 2025
ECLI:EU:C:2025:236 |
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Case C-743/24 Minister for Justice and Equality v MA
Reference for a preliminary ruling – Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part – Surrender of a person to the United Kingdom for criminal prosecution – Risk of breach of a fundamental right – Second sentence of Article 49(1) of the Charter of Fundamental Rights of the European Union – Principle that offences and penalties must be defined by law – Changes, to the detriment of the sentenced person, to the licence regime
Request for a preliminary ruling from the Supreme Court
Language of the case: English
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Opinion of Advocate General Spielmann delivered on 13 February 2025
ECLI:EU:C:2025:88 |
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Judgment of the Court (Grand Chamber) of 3 April 2025
ECLI:EU:C:2025:230 |
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Case C-292/23 Criminal proceedings against I.R.O. and F.J.L.R. (Parquet européen – Contrôle juridictionnel des actes de procédure)
Reference for a preliminary ruling – European Public Prosecutor’s Office – Regulation (EU) 2017/1939 – Article 42(1) – Procedural measures intended to produce legal effects vis-à-vis third parties – Judicial review, by national courts, in accordance with the requirements and procedures provided for in national law – Scope – Witness summons – National law not permitting direct judicial review of such a measure – Second subparagraph of Article 19(1) TEU – Articles 47 and 48 of the Charter of Fundamental Rights of the European Union – Principles of equivalence and effectiveness
Request for a preliminary ruling from the Juzgado Central de Instrucción
Language of the case: Spanish
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Opinion of Advocate General Collins delivered on 4 October 2024
ECLI:EU:C:2024:856 |
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Judgment of the Court (Grand Chamber) of 8 April 2025
ECLI:EU:C:2025:255 |
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Case C-878/24 P(R) Alhares for Security Services and Occupational Safety v EUBAM Libya
Appeal – Interim relief – Public supply contracts – Tendering procedure – Negotiated procedure without prior publication of a contract notice – Application for interim measures – Urgency – Criteria for assessment – Concept of serious harm
Language of the case: French
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Order of the Vice-President of the Court of 9 April 2025
ECLI:EU:C:2025:256 |
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Case C-607/21 XXX v Belgian State (Preuve du lien de dépendance)
Reference for a preliminary ruling – Citizenship of the Union – Directive 2004/38/EC – Right of citizens of the Union and their family members to move and reside freely within the territory of the Member States – Article 3 – Beneficiaries – Article 2(2)(d) – Family member – Direct relative in the ascending line of the partner of a Union citizen who is dependent on that Union citizen and/or that partner – Assessment of the condition of being ‘dependent’ – Relevant date for determining material dependence – Article 10 – Conditions for the issue of a residence card – Declaratory nature of a residence card – Submission of an application for a residence card in the host Member State several years after leaving the country of origin – Effect of a situation of illegal residence under national legislation on the assessment of the condition of being ‘dependent’
Request for a preliminary ruling from the Conseil d'État
Language of the case: French
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Opinion of Advocate General Ćapeta delivered on 19 September 2024
ECLI:EU:C:2024:770 |
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Judgment of the Court (First Chamber) of 10 April 2025
ECLI:EU:C:2025:264 |
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Case C-481/23 Ministerio Fiscal and Abogado del Estado v JMTB
Reference for a preliminary ruling – Judicial cooperation in criminal matters – Framework Decision 2002/584/JHA – European arrest warrant – Article 4(4) and (6) – Grounds for optional non-execution – Condition that the acts fall within the jurisdiction of the executing Member State under its own criminal law – Conviction which is not final – European arrest warrant issued for the purposes of criminal prosecution
Request for a preliminary ruling from the Audiencia Nacional
Language of the case: Spanish
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Judgment of the Court (Fifth Chamber) of 10 April 2025
ECLI:EU:C:2025:259 |
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Case C-584/23 Asepeyo Mutua Colaboradora de la Seguridad Social nº 151 and KT v INSS and Others
Reference for a preliminary ruling – Social policy – Equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1) – Indirect discrimination on ground of sex – Method of calculating the pension for permanent incapacity as a result of an accident at work – Taking into account the actual remuneration on the date of the accident at work – Reduction in working hours to care for children under the age of 12
Request for a preliminary ruling from the Juzgado de lo Social de Barcelona
Language of the case: Spanish
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Judgment of the Court (Sixth Chamber) of 10 April 2025
ECLI:EU:C:2025:261 |
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Case C-657/23 M. K. v Ministerstvo zemědělství
Reference for a preliminary ruling – Common agricultural policy (CAP) – Financing, management and monitoring of the CAP – Regulation (EU) No 1306/2013 – Financing by the European Agricultural Fund for Rural Development (EAFRD) – Article 54 – Protection of the financial interests of the European Union – Regulation (EC, Euratom) No 2988/95 – Article 3 – Recovery of amounts wrongly paid of a grant – Limitation period – Indicative time limit
Request for a preliminary ruling from the Nejvyšší správní soud
Language of the case: Czech
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Judgment of the Court (Seventh Chamber) of 10 April 2025
ECLI:EU:C:2025:263 |
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Case C-723/23 Agencia Estatal de la Administración Tributaria v VT and UP
Reference for a preliminary ruling – Judicial cooperation in civil matters – Directive (EU) 2019/1023 – Procedures concerning restructuring, insolvency and discharge of debt – Article 20 – Access to discharge – Article 23(1) and (2) – Derogations – Natural person who has become insolvent – Conditions for access to discharge of debt – Concept of ‘dishonest or bad faith’ conduct – Conduct towards creditors of a third party
Request for a preliminary ruling from the Juzgado de lo Mercantil nº 3 de Gijón
Language of the case: Spanish
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Judgment of the Court (Sixth Chamber) of 10 April 2025
ECLI:EU:C:2025:262 |
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Case C-238/24 NR v Ministero della Difesa and Others
Reference for a preliminary ruling – Common foreign and security policy (CFSP) – Decision 2010/279/CFSP – European Union Police Mission in Afghanistan – Article 7(3) – Costs related to seconded staff – Allowances paid by both the European Union and the Member State to which the member of staff belongs – Concurrent – Final sentence of the second subparagraph of Article 24(1) TEU – First paragraph of Article 275 TFEU – Jurisdiction of the Court to interpret a provision of EU law concerning the CFSP
Request for a preliminary ruling from the Consiglio di Stato
Language of the case: Italian
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Judgment of the Court (First Chamber) of 10 April 2025
ECLI:EU:C:2025:258 |
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